03-04-97 Regular DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
Ail-America Cib/
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
March 4, 1997
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.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of February 18, 1997
6. Proclamations: None
7. Presentations:
A. Sandra Eriksson - 1996 City Golf Championship Awards:
Women's Champion - Su Hinton
Women's First Flight - Heschmat Neese
Men's Champion - Randy Morcroft
Men's First Flight - Dave Mihlroth
Men's Second Flight - Mayor Jay Alperin
Men's Senior - Walter Bowlby
Men's Super-Seniors - Don Kirchhoff
B. Perry Don Francisco - Holiday Toy Drive Committee Presentation
C. David Schmidt - 20th Anniversary of Sister City relationship
with Miyazu, Japan
D. Ernst & Young - Annual Financial Report FY 1995-96
8. Consent Agenda: City Manager recommends'approval.
A. WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION: Approve a
request to execute a water service agreement in lieu of
annexation for an existing single family residence located in
unincorporated Palm Beach County at 5098 Conklin Drive within
the Rockland Park subdivision.
-2-
Regular Commission Meeting
March 4, 1997
B. RESOLUTION NO. 17-97/401A PLAN: Adopt a resolution approving
the establishment of a Money Purchase Plan and Trust through
the International City Management Association (ICMA) Retirement
Corporation for certain eligible employees, and approve the
ICMA Prototype Money Purchase Plan & Trust Adoption Agreement
#001 for a 401A Plan.
C. RESOLUTION NO. 18-97: Adopt a resolution authorizing the City
to purchase the S.D. Spady House located at 170 N.W. 5th Avenue
and accepting the contract stating the terms and conditions for
the sale and purchase between the seller and the City.
D. CLOSE-OUT DEDUCT CHANGE ORDER #i/SULLIVAN . BROTHERS, INC.:
Approve close-out/deduct Change Order #1 in the amount of
$21,163.50 and final payment in the amount of $48,431.30 to
Sullivan Brothers, Inc. for Brandon Drive utility improvements,
from 440-5179-536-69.12.
E. APPOINTMENT OF BOARD COUNSEL FOR THE NUISANCE ABATEMENT BOARD:
Appoint Steven Rubin, Esq. to serve as board counsel for the
Nuisance Abatement Board, as recommended by the City Attorney.
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, the Site Plan Review and Appearance Board and the
Historic Preservation Board during the period February 18
through February 28, 1997.
G. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Ferguson Enterprises, Inc. via City of
Hialeah annual contract for water meter boxes and lids, at
an estimated annual cost of $14,820.65 from 442-5178-536-
61.81.
2. Bid award to various vendors through contracts with the
State of Florida, Florida Sheriffs Association, Orange
County Public Schools, and Broward County School Board for
replacement vehicles, in the amount of $526,123 from
Account No. 501-3312-591-64.20, and $18,703 from
441-5123-536-64.20
9. Regular Agenda:
A. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT ATLANTIC HIGH
SCHOOL: Consider a request for conditional use approval to
accommodate an existing communication and transmission
facility/tower at Atlantic High School. The subject property
is located on the east side of Seacrest Boulevard between N.E.
22nd Street and Gulfstream Boulevard, and is zoned CF
(Community Facilities) District. QUASI-JUDICIAL PROCEEDING
B. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT PLUMOSA
ELEMENTARY SCHOOL: Consider a request for conditional use
approval to allow the installation of a communication tower at
--3--
Regular Commission Meeting
March 4, 1997
Plumosa Elementary School. The subject property is located at
the southeast corner of N.E. 19th Street and N.E. 2nd Avenue
(Seacrest Boulevard), and is zoned CF (Community Facilities)
District. (CONTINUATION OF QUASI-JUDICIAL PROCEEDING)
C. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from
the Chamber of Commerce to close Atlantic Avenue at Palm Square
versus NE/SE 7th Avenue for the Delray Affair and to split the
additional costs 50/50 with the City.
D. TRAFFIC STUDY COSTS/CONVERSION OF ONE-WAY PAIRS TO TWO-WAY
TRAFFIC: Consider proceeding with a study relative to the
conversion of the one-way pairs to two-way traffic.
E. DRUG TASK FORCE LEGISLATIVE ISSUES.
F. RENEWAL AGREEMENT FOR AUDITING SERVICES/ERNST & YOUNG: Approve
a renewal agreement with Ernst & Young LLP to audit and report
on the general purpose financial statements of the City for the
years ending September 30, 1998, 1999 and 2000.
G. AMENDMENT TO LETTER AGREEMENT/SEA TURTLE CONSERVATION PROGRAM:
Consider approval of an amendment to the letter agreement with
Dr. John Fletemeyer for the Sea Turtle Conservation Program to
include additional pre-season work in 1997, extend the
agreement through the year 2000, expand the monitoring period
by six weeks and increase the annual contract amount.
H. SPECIAL LOBBYISTS FOR BEACH RENOURISHMENT DEDICATED FUNDING
SOURCE: Consider a request from the Florida Shore and Beach
Preservation Association (FSBPA) for a contribution to hire two
special lobbyists who will support House Bill 103 and its
Senate companion for creation of an annual stable funding
source for beach renourishment.
I. VAN POOL PROGRAM: Provide direction regarding the
establishment of a van pool program to provide transportation
for City residents employed by the Boca Raton Resort and Club
to and from the resort.
J. WORKSHOP WITH CODE ENFORCEMENT BOARD: Consider scheduling a
joint work session with the Code Enforcement Board.
K. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a
member to the Historic Preservation Board to fill an unexpired
term ending August 31, 1997. Appointment by Mayor Alperin
(Seat #5).
10. Public Hearings:
A. ORDINANCE NO. 11-97 (SECOND READING AND SECOND PUBLIC HEARING)
An ordinance amending LDR Section 4.4.27, "Open Space and
Recreation (OSR) District", by adding child care programs as an
accessory use to the principal uses of parks and recreational
facilities.
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Regular Commission Meeting
March 4, 1997
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. 12-97: An ordinance amending Article 4.6,
"Supplemental District Regulations", of the Land Development
Regulations by enacting a new Section 4.6.21, "Security Bars",
and a related provision to Appendix A (Definitions). If
passed, public hearing on March 18, 1997.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 4, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
1 As indicated in the agenda packet delivered on Friday,
attached are the Minutes of the Regular Meeting of February
18, 1997.
2 Delete Item 7.C. (Presentation/David Schmidt). Attached is
Mr. Schmidt's request for postponement.
3 Attached is additional information pertaining to Item 9.D.,
Traffic Study Costs/Conversion of One-Way Pairs to Two-Way
Traffic.
(4 Add Item 9.L. to the Regular Agenda, as follows:
L. Elimination of State Housinq Initiative Housinq (SHIP)
Traininq Fund: Consider authorizing the Mayor to send
letters on behalf of the City Commission strongly
urging State Legislators not to cut the Department of
Community Affair's current State Housing Trust Fund
budget spending authority for the Catalyst Program or
eliminate a funding source for the out-sourcing of the
Catalyst Program's technical assistance.
(5 Add Item 9.M. to the Regular Agenda, as follows:
M. March Workshop Meetinq: Consider cancelling the
workshop session currently scheduled for Wednesday,
March 12, 1997.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 4, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM #2
THE AGENDA IS FURTHER AMENDED AS FOLLOWS:
(1) Attached is additional information pertaining to Item 9.D.,
Traffic Study Costs/Conversion of One-Way Pairs to Two-Way
Traffic.
(2) Add Item 9.N. to the Regular Agenda, as follows:
(N) Temporary Use Permit for Street Closure/Palm Square:
Consider a request from the Blue Anchor restaurant for
a temporary use permit to close Palm Square (from
Atlantic Avenue to the parking lot entrance at Busch's)
on Saturday, March 15, 1997, from approximately 1:30
p.m. to 7:00 p.m.
SIl~fOl~ Alii) SCHHIDT
ATTORNEYS AT LAW
P. O. BOX 2020
NORTHEAST ~lFT~ AVEN~E
DEL~Y B~CH, FLORIDA 33~3
ERNEST G. SIMON TELEPHONE (561) 27~-2601 WEST PALM BEACH
DAVID W. SCHMIDT FAX(561) 265-0286 737-8222
March 3, 1997
Mrs. Barbara Garito
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Delray Beach Sister Cities Con~nittee
Dear Barbara:
My artists have informed me that their sketches are not 9oin9 to
ready for tomorrow night's commission meeting. I must request
that the Sister Cities' item be postponed. They have promised me
that they will have something ready for the meetin~ on the 18th,
but I will confirm that with you.
Sincerely yours,
David W. Schmiflt
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~/1
SUBJECT: AGENDA ITEM # ~'A° - MEETING OF MARCH 4, 1997
WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION
DATE: FEBRUARY 28, 1997
This is before the Commission to approve a request to execute a
water service agreement in lieu of annexation for an existing
single family residence located in unincorporated Palm Beach
County. This lot is located at 5098 Conklin Drive within the
Rockland Park subdivision west of Military Trail, and is
contiguous to the City via the La Sedona subdivision currently
under construction.
Current policy is that if land is contiguous it should be annexed
to the City in order to receive water service. If land is not
contiguous it cannot, by statute, be annexed. In those instan-
ces, a water service agreement is executed which provides that
the serviced property will voluntarily annex into' the City when
it becomes contiguous to municipal boundaries. A few exceptions
have been made to this policy, usually involving properties which
the City is not prepared to annex (i.e. west of Military Trail)
or to individual lots within subdivisions where the goal is to
eventually take in the entire subdivision.
That is the case in this particular situation. Rather than
proceeding with the annexation of Rockland Park on a piecemeal
basis, staff feels it would be preferable at this time to process
a standard water service agreement for the lot requesting
service. Therefore, the recommendation is to approve the request
to execute a water service agreement in lieu of annexation for
the property at 5098 Conklin Drive.
TO: DAVID T. HARDEN
D~EPARTMENT ,OF PLANNING AND ZONING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MARCH 4, 1997 ** CONSENT AGENDA**
CONSIDERATION OF A REQUEST TO EXECUTE A WATER
SERVICE AGREEMENT IN LIEU OF ANNEXATION FOR
UNINCORPORATED PROPERTY LOCATED ON THE SOUTH
SIDE OF CONKLIN DRIVE IN THE ROCKLAND PARK
SUBDIVISION
~~b:~:~:~::~:::::::~::~f~::~::~::~:~::¥~:::::~:~:~:~:~:~:~:~:~:~:~:~:::~:~:::::~:~:~:~::~:~:::~::::~:~:~:~:?:~::~:~::~::::~::::b:~ :.: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... x:::::::
The action requested of the City Commission is approval of a request for the
execution of a water service agreement for an existing single family residence
located on the south side of Conklin Drive, west of Military Trail in
unincorporated Palm Beach County (5098 Conklin Drive).
The applicant has requested municipal water for an existing single family home
within the Rockland Park subdivision. The lot is contiguous to the City via the La
Sedona subdivision which abuts the property immediately to the south. The La
Sedona subdivision is currently under construction and an 8" water main is
planned to be located within the internal roadway which abuts the property to
the south. Service would be provided by extending a service lateral through the
rear yard.
The City of Delray Beach provides water service to unincorporated properties via
two mechanisms: a water service agreement with the City, and by annexation.
Properties that are contiguous with City boundaries must annex in to the City to
receive water. Properties which are not contiguous cannot by statute be
annexed in, therefore, they can only receive water by entering into a water
service agreement with the City.
City Commission Documentation
Consideration of a Request to Execute a Water Service Agreement In-lieu of Annexation
Page 2
The City's standard water service agreement contains a voluntary annexation
clause, which runs with the land. This clause authorizes the City to annex the
property subject to the agreement, when the property becomes contiguous to
municipal boundaries. As the subject property is currently contiguous, current
policy dictates that annexation of the property is the appropriate means to
provide utility service.
The applicant's request differs from the current policy, therefore the request has
been scheduled for City Commission consideration. The applicant has requested
the water service agreement in lieu of annexation. There have been a few
exceptions made to this policy involving properties within subdivisions in which it
is desired to annex the entire subdivision (i.e. Country Club Acres east side of
Military Trail). As piecemeal annexation of the Rockland Park subdivision is not
desired it appears appropriate to process this proposal via the current policy
applied to the Country Club Acres subdivision (execution of individual water
service agreements).
The Planning and Zoning Board has not considered this item as it is a policy
decision of the City Commission.
1. Continue with direction.
2. Approve the request to execute a water service agreement in lieu of
annexation and direct staff to process a standard water service agreement
for the property.
3. Deny the request to execute a water service agreement in lieu of
annexation, and direct staff to provide water to the property upon
annexation.
By motion, approve the request to execute a water service agreement in lieu of
annexation and direct staff to process a standard water service agreement for
the property.
Attachment: Location Map
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-- DIGITAL BASE MAP SY'Z;?EM -- MAP REF: LM156
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M~~L
Director of Finan(~ZT-
SUBJECT: 401A Plan for Certain Eligible Management Match Employees
DATE: February 19, 1997
During the Fiscal Year 1996-97 Budget process, the City Commission approved the concept of
additional benefits for management employees. The 3% Match Program was funded for Fiscal
Year 1996-97 for certain management employees. This Program allowed for certain management
employees to make contributions to their ICMA 457 Deferred Compensation Plan Account which
would be matched by the City up to a 3% maximum. However, as some of these management
employees had opted out of the City's Pension Plans and were already having the City contribute
9.5% of their salary to their ICMA account, in many cases they could not take advantage of the
3% Match Program as this additional contribution (plus their match) would cause them to exceed
the annual maximum limit allowed for a 457 Deferred Compensation Plan Account of $7,500.
Consequently, we began looking at an alternative plan for those certain eligible management
employees who had opted out of the City's Pension Plans. The ICMA offered a 401A Plan which
met the City's needs.
Therefore, attached is the ICMA Prototype Money Purchase Plan and Trust Adoption Agreement
for approval by the City Commission. Upon their approval, the Agreement must be signed and
returned to the Finance Department for further processing. Also attached for City Commission
approval is Resolution Number 17-97 which establishes this Money Purchase Plan and Trust.
This Resolution was drafted by the City Attorney's Office and has been reviewed by our office. A
copy of this signed Resolution will also need to be returned to the Finance Department as it must
accompany the Prototype Money Purchase Plan and Trust Adoption Agreement.
/sam
cc: Milena L. Walinski, CGFO, Assistant Finance Director
Glenda Rivera, Payroll Administrator
RESOLUTION NO. 17-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE ESTABLISHMENT
OF A MONEY PURCHASE PLAN AND TRUST THROUGH THE
INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION FOR CERTAIN ELIGIBLE
EMPLOYEES; PROVIDING A MATCHING PROGRAM; PROVIDING
FOR THE CITY TO ACT AS TRUSTEE; PROVIDING FOR
ADMINISTRATION OF THE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach (the "City"), in addition
to already established plans, desires to establish a Money Purchase
Plan and Trust (the "Plan") for certain eligible management match
employees, as designated in Exhibit A; and
WHEREAS, the City desires that the money purchase
retirement plan be administered by the ICMA Retirement Corporation
and that the funds held under such Plan be invested in the ICMA
Trust, a Trust established by public employers for the investment of
funds; and
WHEREAS, the City desires to provide a matching
contribution for eligible employees as shown in the adoption
agreement, subject to state and federal laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City hereby establishes a money
purchase retirement plan (the "Plan") in the form of:
The ICMA Retirement Corporation Prototype Money
Purchase Plan and Trust, pursuant to the provisions
of the adoption agreement as set forth in Exhibit B
attached hereto.
Section 2. That the City shall contribute a three percent
(3%) match to the Plan for participating eligible match employees.
Section 3. That the City hereby agrees to serve as trustee
under the Plan and to invest funds held under the Plan in the ICMA
Retirement Trust.
Section 4. That the City Manager shall cast, on behalf of
the Employer, any required votes under the ICMA Retirement Trust,
execute all necessary agreements with the ICMA Retirement Corporation
incidental to the administration of the Plan, may receive all reports
and notices from the ICMA Retirement Corporation and may delegate any
administrative duties.
PASSED AND ADOPTED in regular session on this the 4th day
of March, 1997.
ATTEST:
J City Cl~rk
- 2 - Res. No. 17-97
Exhibit A
Eligible Managemem Match Employees Who Have Opted Out of City Pension Plans
Barcinski, Robert A.
Butler, Lula C.
Dominguez, Diane C.
Greenwood, William H.
Gusty, Edward J.
Harden, David T.
Overman, Richard G.
Rehr, Robert B.
Ruby, Susan
Tolces, David N.
Weldon, Joseph H.
Exhibit "B" to Resolution No. 17-97
ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
#001
Account Number 9648
The Employer hereby establishes a Money Purchase Plan and Trust to be known as
City of Delray Beach 40lA Plan (the "Plan") in the form of the ICMA Retirement
Corporation Prototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
~ Yes [] No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
I. Employer: City of Delray Beach
II. Prototype Sponsor:
Name: ]CMA Retirement Corporation
Address: 777 N. Capitol Street, N.E.
Washington, D.C. 20002-4240
Telephone Number: (202) 962-4600
III. The Effective Date of the Plan shall be the first day of the Plan Year during which the
Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
IV. Plan Year will mean:
The nvelve (12) consecutive month period which coincides with the limita-
tion year. (See Section 6.05(i) of the Plan.)
The twelve (12) consecutive month period commencing on 10/1/96 and
each anniversary thereof.
MPP Adoption Agreement 12/23/94 ~1~
001-94
V. Normal Retirement Age shall be age 55 . (not to exceed age 65).
V1. ELIGIBILITY REQUIREMENTS:
1. The following group or groupi of Employees are eligible to participate in the Plan:
All Employees
All Full-Time Employees
Salaried Employees
Non-union Employees
Management Employees
Public Safety Employees
General Employees
x Other (specify below)
Eligible management match employees who have opted out of City
pension plans
The group specified must correspond to a group of the same designation that is defined
in the statutes, ordinances, rules, regulations, personal manuals or other material in
effect in the state or locality of the Employer.
2. The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be N/A
(write N/A if an Employee is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
I. The Employer shall contribute as follows (choose one, if applicable):
Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
The Employer shall contribute on behalf of each Participant 3 % of
Earnings or $ for the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute 3 % of Earnings
or $ for the Plan Year as a condition of participation in the Plan. (Write
"0" if no contribution is required.) If Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions after becoming a Plan Participant.
MPP Adoption Agreement 12/23/94
Exhibit "B" to Res. No. 17-97 (Page 2 of 7) 001-94
The Employer hereby elects to "pick u~4" the Mandatory/Required Participant
Contribution.
~ Yes ~ No
[Note to Employer: Neither an opinion letter issued by the Internal
Revenue Service with respect to the Prototype Plan, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer are
not includable in the Participant's gross income for federal income tax pur-
poses. The Employer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 414(h)(2) of the Internal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81-35, 1981-1 C.B. 255. Those
requirements are (1) that the Employer must specify that the contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant % of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed % of
Earnings or $ Under this option, there is a single, fixed rate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in an5' Plan Year, in which case no Employer contri-
bution will be made on the Participant's behalf in that Plan Year.
Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
% of the Participant contributions made by the Participant for
the Plan Year (not including Participant contributions exceeding ~% of
Earnings or $ );
PLUS ~% of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate ~% of Earnings
orS, ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or % of Earnings, whichever is ~l more or
~ less.
MPP Adoption Agreement 12/23/94 ~1~
001-94
Exhibit "g" to Res. No. 17-97 (Page 3 ~f 7)
2. Each Participant may make voluntary (unmatched), after-tax contribution, subject to
the limitations of Section 4.05 and Articles V and VI of the Plan.
MI Yes UI No
3. Employer contributions and Participant contributions shall be contributed to the
Trust in accordance with the following payment schedule:
Bi-weekly
VIII. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
~} Yes MI No
(b) Bonuses
D Yes MI No
IX. LIMITATION ON ALLOCATIONS
If the Employer (i) maintains or ever maintained another qualified plan in which any Par-
ticipant in this Plan is (or was) a participant or could possibly become a participant, and/or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi-
vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts
are treated as Annual Additions with respect to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans as provided herein, if necessary in order
to avoid excess contributions (as described in Sections 6.03 and 6.04 of the Plan).
I. If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through (f) of the Plan will apply as if the other plan were a
Master Prototype Plan, unless another method has been indicated below.
Other Method. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion.)
MPP Adoption Agreement 12/23/94
Exhibit "B" to Res. No. 17-97 (Page 4 of 7) 001-94
2. If the Participant is or has ever been a participant in a defined benefit plan main-
tained by the Employer, and if the limitation in Section 6.04 of the Plan would be
exceeded, then the Participant's Projected Annual Benefit under the defined benefit
plan shall be reduced in accordance with the terms thereof to the extent necessary to
satisfy such limitation. If such plan does not provide for such reduction, or if the
limitation is still exceeded after the reduction, annual additions shall be reduced to
the extent necessary in the manner described in Sections 6.01 through 6.03. The
methods of avoiding the limitation described in this paragraph will not apply if the
Employer indicates another method below.
Other Method. (Note to Employer: Provide below language which will satisfy
the 1.0 limitation of section 415(e) of the Code. Such language must
preclude Employer discretion. See section 1.415-1 of the Regulations for
guidance.)
3. The limitation year is the following 12-consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the minimum
vesting requirements as noted and (2) the concurrence of the Plan Administrator.
Years of Specified Minimum
Service Percent Vesting
Co. mpleted Vesting Requirements**
Zero % No minimum
One 100 % No minimum
Two % No minimum
Three % Not less than 20%
Four % Not less than 40%
Five % Not less than 60%
Six % Not less than 80%
Seven, or more 100 % Must equal 100%
(**These minimum vesting requirements conform to the Code's three to seven year vesting
schedule. If the employee becomes 100% vested by the completion of five years of service,
there is no minimum for years three and four.)
XI. Loans are permitted under the Plan, as provided in Article XIV:
Yes ~ No
MPP Adoption Agreement 12/23/94 l
001-94 Exhibit "B" to Res. No. 17-97 (Page 5 of 7)
Xll. The Employer hereby attests that it is a unit of state or local government or an agency or
instrumentality of one or more units of state or local government.
XIII. The Prototype Sponsor hereby agrees to inform the Employer of any amendments to the
Plan made pursuant to Section 15.05 of the Plan or of the discontinuance or abandonment
of the Plan.
XIV. The Employer hereby appoints the Prototype Sponsor as the Plan Administrator pursuant to
the terms and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE PLAN & TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
The Employer hereby acknowledges it understands that failure to properly fill out this
Adoption Agreement may result in disqualification of the Plan.
XVI. An adopting Employer may not rely on a notification letter issued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualified
under section 401 of the Internal Revenue Code. In order to obtain reliance with
respect to plan qualification, the Employer must apply to the appropriate key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
number 001.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on
this day of ,19
EMPLOYER Accepted: ICMA RETIREMENT CORPORATION
By:
Title: Title: Corporate Secretary
Attest: Attest:
MPP Adoption Agreement 12/23/94
Exhibit "B" to Res. No. 17-97 (Page 6 of 7) 001-94
401 QUALIFIED PLAN EMPLOYER DATA FORM
Sen'ices at 1-8~-326-7272, if you have an;, questions.
RC Use Only ~c~{.~ ~
RETIREMEN~I'
CORPORATION
1. Employer Number
General 2. Employer's Full Name (City of, County of, etc.) City of Delray Beach
Plan
Information 3. Employer's Mailing Address 100 N.W. 1st Avenue
4. City Delray Beach 5. State FL 6. Zip Code 33444
7. ~mployer's Federal Tax Identification Number 59-6000308
8. Number of Employees 744
9. Number of Employees Eligible for Plan 11
10. Last Month of Plan Year (write in month 01-12) 09
Contact 11. Title (not name) of Plan's Primary Contact Person Finance Director
Information Primary Contact Person will automatically receive all RC correspondence, reports, and bulletins
Telephone( 56]. ) 243-7].].6
12. Tide (not name) of Contact Person for Benefit Payments A$$'lstant F'inance Director
Telephone ( .56]. ) 243-7].34
I~ Check here if Contact Person for Benefit Payments should receive RC correspondence,
reports and bulletins
13. Title (not name) of Contact Person for Contributions Assistant Finance Director
Telephone ( .56]. ) 243-7].34
I~ Check here if Contact Person for Contributions should receive RC correspondence, reports,
and bulletins
Note: If neither of the boxes in 12 or 13 is checked, default correspondent will be Plan Coordinator named in the l'esolution.
Implementation 14. Contribution Frequency (check one): i~ (W) Weekly ~ (M) Monthly ~ Other (specify)
of Plan ~ (B) Biweekly I~ (S) Semi-monthly
!5. Contribution Data Format (check one): I~ (T) Tape ~1 (QD) QUICK DISK r~ (E) EDT
l~l (C) Contribution Statement I~ (D) Diskette
16. First pay date following plan implementation 3/2]./9'/
17. Are employees covered by the plan also covered by another qualified plan? I~ Yes 1~ No
ICMA Retirement Corporation · P.O. Box 96220 · Washington, DC 20090°6220 · 1-800-326-7272
Exhibit "B" to Res. No. 17-97 (Page 7 of 7)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~£~-'~
SUBJECT: AGENDA ITEM # ~.~' REGULAR MEETING OF MARCH 4, 1997
RESOLUTION NO. 18-97 (SPA/DY HOUSE ACQUISITION)
DATE: FEBRUARY 27, 1997
On February 18, 1997, the City Commission adopted Resolution No.
16-97 which declared the City's intent to purchase the S.D. Spady
House located at 170 N.W. 5th Avenue for use as a multi-cultural
educational museum. This declaration of intent was contingent
upon the City providing proper notification pursuant to its
ordinances and proceeding with the approval of a contract for sale
and purchase of the property.
Attached is a memorandum from the City Attorney which outlines the
essential terms of the purchase to be accepted through the
adoption of Resolution No. 18-97. The required notice has also
been provided. The house contains 1,811 square feet. It was
appraised on October 30, 1996, for $63,000.
Recommend approval of Resolution No. 18-97 authorizing the
acquisition of the Solomon David Spady House and accepting the
agreement for purchase and sale between the City and Douglas T.
Williams, as Seller.
ref:agmemo4
~' [.;' · i · . Writer's Direcl Line: (407) 243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
~llij:~llll DATE: February 24, 1997
NJ
~ ~ TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Contract for Sale and Purchase of the Spady House
The Spady House is an architecturally and historically significant house. The purchase of
the property will insure that its significance is not lost. The house will be restored and will
function as a multi-cultural educational museum.
The essential terms of the purchase are as follows:
1. The City shall purchase the property for $72,000,00.
2. The closing date is scheduled for May 5, 1997.
3. The City is to pay for the title insurance and recording of the deed.
4. The Seller shall pay all documentary stamps and cost of any cure to the title and
satisfaction of any existing mortgage.
Please call me if you have any questions regarding the Contract for Sale and Purchase of the
Spady House.
By copy of this memorandum to David Harden, City Manager, our office requests that this
resolution incorporating that this contract for Sale and Purchase be placed on the regular
agenda for March 4, 1997.
Attachments
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Douglas T. Williams
spady4.1tr
RESOLUTION NO. 18-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, LOCATED AT 170 N.W. 5TH
AVENUE, DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN, HEREBY INCORPOP~ATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
SELLER AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain property located at 170 N.W. 5th Avenue; and
WHEREAS, the Seller, Douglas To Williams, desires to sell
the property hereinafter described to the City of Delray Beach,
Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose of creating
a multi-cultural education museum and for other municipal purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, as Buyer, hereby agrees to purchase from Douglas T. Williams,
as Seller, land for the purchase price of Seventy-Two Thousand
Dollars ($72,000.00) and other good and valuable consideration; said
parcel being more particularly described as follows:
Lots 5 & 6 and the North 26.25 feet of Lot 7, Block
19, Delray Beach, formerly Town of Linton, Palm
Beach County, Florida.
Section 2. That the terms and conditions in the contract
for sale and purchase and addenda thereto between the City of Delray
Beach, Florida, and Douglas T. Williams are attached hereto as
Attachment A and incorporated herein.
PASSED AND ADOPTED in regular session on this the 4th day
ATTEST:
- - ~City C~rk !
AGREEMENT FOR PURCHASE AND SALE
This Agreement for Purchase and Sale, is made and entered into as of the ~ day of
,1997 by and between Douglas T. Williams (Seller), and the City of Delray
Beach, Florida, a municipal corporation (hereinafter referred to as the "Purchaser"),
WITNESSETH:
I. DEFINITIONS. The following terms as used herein shall have the following
meaning:
1.1. "Agreement" - this instrument, together with all exhibits, addenda and
proper amendments hereto.
1.2. "Closine; Date" - the meaning ascribed thereto in Section 6.2 of this
Agreement, unless extended by the terms of this Agreement, or by mutual consent of the parties.
1.3. "Eff'ective Date" - the effective date of Agreement shall be the date upon
which the City of Delray Beach Commission shall have approved the execution of this Agreement
at a formal meeting of Board.
1.4 "Inspection Period" - that certain period of time commencing upon the
Effective Date and terminating thirty (30) days thereafter.
1.5 "Permitted Exceptions" - those exceptions to the title of the Property as set
forth in Exhibit "B" hereto attached, together with any other title matters that may be waived in
writing by the Purchaser.
1.6 "Real Property" - the real property located at 170 N.W. 5th Avenue,
Delray Beach, Florida, legally described in Exhibit "A" attached hereto and made a part hereof,
together with all improvements situate thereon.
1.7 "Tangible Personal Property" or "Personal Property" - All of Sellers right,
title and interest, as set forth in Exhibit "C", in all appliances, fixtures, equipment, machinery,
furniture, carpet, drapes, and other personal property, if any, located on or about the land and the
improvements used in the operation and maintenance thereof.
2. SALE AND PURCHASE. In consideration of the mutual covenants herein
contained, and various other good and valuable consideration, Seller agrees to sell and convey to
Purchaser and Purchaser agrees to purchase from Seller, on the terms, covenants and conditions
hereinafter set forth, the Real Property, and Personal Property together with all right, title and
interest of Seller in and to any and all streets, roads, highways, easements, accesses and rights of
way appurtenant to the Real Property, together with all improvements located thereon, if any.
3. PURCHASE PRICE AND METHOD OF PAYMENT.
3.1 Purchase Price. The purchase price of the Property shall be Seventy-Two
Ihousand Dollars ($72,000.00).
3.2. Payment of Purchase Price. On the Closing Date, Purchaser shall pay at
the City's election, by wire transfer of immediately available United States currency or by City
check, the total amount of the purchase price of the Property, in United States Currency, subject
to any adjustments, credits and prorations as herein provided.
4. ACKNOWLEDGMENTS, REPRESENTATIONS .AND .WARRANTIES OF
SELLER.
As a material inducement to Purchaser to enter into this Agreement, Seller hereby
acknowledges, represents and warrants to the best of his knowledge to Purchaser as follows:
4.1. That Seller is indefeasibly seized of marketable, fee simple title to the
Property, and is the sole owner of and has good right, title and authority to convey and transfer
the Property which is the subject matter of this Agreement, free and clear of all liens and
encumbrances, excepting only the Permitted Exceptions.
4.2 That there is no litigation, investigation or proceeding pending, or to the
knowledge of Seller threatened, which relates to or adversely affect Seller's ability to perform its
obligations under this Agreement.
4.3 That there are no judicial or administrative actions, suits or judgments
affecting the Property, including without limitation, any such laws, ordinances, rules or
regulations of any governmental authority having jurisdiction of the Property.
4.4 That there are no existing or pending special assessments affecting the
Property, which are or may be assessed by any governmental authority, water or sewer authority,
school district, drainage district or any other special taxing district.
4.5 There are no condemnation, environmental, zoning or other land-use
regulation proceedings, either instituted, or planned to be instituted with regard to the Property.
4.6 On the Closing Date there will be no outstanding contracts made by Seller
for any improvements to the Real Property which have not been fully paid for and Seller shall
cause to be discharged all construction liens arising from any labor or materials furnished to the
Property prior to the time of Closing.
4.7 All documents executed or to be executed by Seller which are to be
delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller.
4.8 There are no se~,'ice contracts affecting the Property which will survive
Closing.
4.9 That all ad valorem real property taxes for the Property have been fully
paid for the year 1996, and all prior years.
4.10 That Seller has entered into no other contracts for the sale of any portion
of the Property which remain in force.
4.11 That the Property has not in the past been used, and is not presently being
used, for the handling, storage, transportation, or disposal of hazardous or toxic substances,
wastes or materials.
4.12 On the Closing Date there will be no person(s) or parties in occupancy,
other than Seller.
4.13 It is a condition precedent to closing that all of the representations and
warranties of Seller contained in this Agreement shall continue to be true as of the Closing Date,
and shall be deemed to be restated and affirmed as of the Closing Date without the necessity of
Seller's execution of any document with respect thereto. In the event that any of the Seller's
representations shall prove to be materially untrue, Purchaser shall have the right to (i) terminate
this Agreement at any time prior to closing upon written notice by Seller, whereupon the parties
shall be relieved of all further obligation hereunder; or (ii) proceed to close upon this Agreement
without thereby waiving any claim or cause of action against Seller for misrepresentation or
breach of warranty.
5. INSPECTION OF PROPERTY. During the Inspection Period, Purchaser and its
engineers, surveyors, agents and representatives shall have access to the Property upon reasonable
notice for purposes of survey, testing and inspection thereof. All surveys, testing and inspections
shall be conducted by Purchaser at its expense, and shall be performed by licensed persons or
firms dealing in the respective areas or matters tested. All testing shall be done in the least
intrusive manner, and Purchaser agrees to indemnify Seller to the extent permitted by law from
and against any and all loss, damage, cost, expense and/or liability of whatsoever nature arising
from or out of Purchaser's, its agents, contractors, employees and invitees entry upon and
inspection of the Property. Notwithstanding the foregoing, the foregoing indemnification shall
not apply to, nor prohibit Purchaser from, the disclosure of the results of said inspections as may
be required by applicable law. In the event that such inspections shall reveal a deficiency in the
Property, as determined by Purchaser in its sole and absolute discretion, Purchaser shall have the
right to terminate this Agreement at any time during the Inspection Period by giving written
notice thereof to Seller, whereupon the parties shall be relieved of all further obligation hereunder.
6. CLOSING. The parties agree that the Closing upon the Property shall be
consummated as follows:
6.1 Place of Closing. The closing shall be held at a mutually acceptable
location to Seller and Purchaser.
6.2 Closine Date. The closing shall take place within thirty (30) days after
expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the
parties.
6.3 Closing Documents. At closing, Seller shall deliver or cause to be
delivered to Purchaser, the following documents, each fully executed and acknowledged as
required.
6.3.1 Statutory Warranty Deed. A Statutory Warranty Deed conveying good
and marketable fee simple title to the property, subject only to the Permitted Exceptions.
6.3.2 Affidavit of Seller. An Affidavit with respect to construction liens in such
form as sufficient to permit a title insurer to delete the "construction lien" exception from the title
insurance policy, and stating that the Property is flee and clear of all encumbrances, leases,
licenses, contracts or claim of rights, which claims may serve as the basis of a construction lien.
6.4 Possession. At closing Seller shall deliver full, complete and exclusive
possession of the Property to the Purchaser.
6,5 Purchaser's Obligations. At closing, Purchaser shall deliver, or cause
to be delivered, to Seller, the following:
6.5.1 Cash due at Closing. The required payment due as cash due at closing as
provided elsewhere herein,
7. EVIDENCE OF TITLE.
7. I. Within thirty (30) days after the Effective Date of this Agreement, the
Purchaser shall obtain an owner's title insurance commitment issued by a title insurance company
acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the Statutory
Warranty Deed to the Real Property, an owner's marketability title insurance policy in the amount
of the purchase price, insuring the marketability of the fee title of the Purchaser to the Real
Property, subject only to the Permitted Exceptions. The cost of said commitment and policy and
any premium thereafter shall be borne by Purchaser.
The Purchaser shall have until the end of the Inspection Period, in which to review same.
In the event the title insurance commitment shall show as an exception any matter other than the
Permitted Exceptions, Purchaser shall notify Seller of Purchaser's objection thereto, and Seller
shall act with reasonable effort to remove such exception(s), which exceptions shall be deemed to
constitute title defects. The Seller shall be entitled to thirty (30) days from the date of notification
by Purchaser (with adjournment of the Closing Date if necessary) within which to cure such
defects or to make arrangements with the title insurer for the removal of any such objections from
4
the commitment, however, Seller shall have the option of discharging any such matters at closing
out of the closing proceeds. If the defect(s) shall not have been so cured or removed from the
commitment by endorsement thereto at the termination of the said thirty (30) day period,
Purchaser shall have the option of: (a) accepting title to the Property as it then exists; (b)
postponing the closing date or (c) terminating this Agreement, by giving written notice thereof to
Seller, in which event the parties shall be relieved of all further obligation hereunder.
7.2 Seller shall deliver to Purchaser prior to the Closing an endorsement of the
commitment making it effective to within five (5) days of the Closing Date. At closing, the title
insurance commitment shall be endorsed to remove any and all requirements or preconditions to
the issuance of an owner's marketability title insurance policy, and to delete any exceptions for:
(a) any rights or claims of parties in possession not shown by the public records; (b)
encroachments, overlaps, boundary line disputes and any other matters which would be disclosed
by an accurate survey and inspection of the Property; (c) unrecorded easements and claims of
easements (d) unrecorded construction liens or claims of liens; (e) taxes for the year of closing
and ail prior years; (f) matters arising or attaching subsequent to the effective date of the
commitment but before the acquisition of record of the fee simple title to the Real Property by the
Purchaser.
7.3 From and after the Effective Date of this Agreement, Seller shall take no
action which would impair or otherwise affect title to any portion of the Property, and shall
record no documents in the Public Records which would affect title to the Real Property, without
the prior written consent of the Purchaser.
8. SURVEY: Purchaser shall have the right, within the time period provided in
Section 7 for delivery and examination of Title Evidence, to obtain a current survey of the Real
Property and all improvements thereon. Said survey shall be prepared in accordance with the
minimum technical standards for surveys within the State of Florida. If the survey reveals any
encroachments, overlaps, boundary disputes or other defects, other than the Permitted
Exceptions, which affect marketability of the Property, the same shall be treated as title defects as
described in Section 7 of this Agreement and Purchaser shall have the same rights and remedies as
set forth therein.
9. RADON GAS. Radon is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon testing may be obtained from your
County public health unit.
10. EXPENSES. Purchaser shall be responsible for preparation of all closing
documents. Purchaser shall submit copies of same to Seller no less than five (5) days before
scheduled closing.
10.1 Purchaser shall pay the following expenses at closing.
10.1.1 The cost of recording the deed of conveyance.
10.1.2 All costs and premiums for the owners marketable title insurance
commitment and policy.
10.2 Seller shall pay the following expenses at closing.
10.2.1 Documentary Stamps required to be affixed to the deed of
conveyance, and intangible taxes.
10.2.2 All costs necessary to cure title defect(s) or encumbrances, other
than the Permitted Exceptions, and to satisfy or release of record all existing mortgages upon the
Property.
10.3 The Seller and Purchaser shall each pay their own attorney's fees.
11. PRORATIONS. On or before the Closing Date, Seller shall establish an escrow
fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall pay
into said escrow Seller's prorata portion of ad valorem real property taxes for the year of closing
as determined by the Tax Collector. Seller shall pay its prorata share of taxes for the year of
closing and any outstanding taxes for years prior to 1997 shall be paid by Seller.
12. ASSESSMENTS. If on the Closing Date, the Property or any part thereof shall be
or shall have been affected by assessments, which are, or which may become payable in annual
installments, of which the first installment is then a charge or lien, or has been paid, then for the
purposes of this Agreement, all of the unpaid installments of any such assessments, including
those which are to become due and payable at~er the Closing Date, shall be deemed to be due and
payable and to be liened upon the premises affected thereby, and shall be paid and discharged by
the Seller on or before Closing Date.
13. CONDEMNATION. In the event that all or any part of the Property shall be
acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun by a governmental entity other than
Purchaser prior to the closing of this transaction, Purchaser shall have the option to either
terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed,
subject to all other terms, covenants, conditions, representations and warranties of this
Agreement, to the closing of the transaction contemplated hereby and receive title to the
Property, receiving, however, any and all damages, awards or other compensation arising from or
attributable to such acquisition or condemnation proceedings. Purchaser shall have the right to
participate in any such proceedings.
14. REAL ESTATE BROKER. ' Seller and Purchaser each represents and warrants to
the other that it has not dealt with any broker, salesman, agent or finder in connection with this
transaction. Without limiting the effect of the foregoing to the extent permitted by law, each
party agrees to indemnify, defend and save the other harmless from the claims and demands of any
real estate broker, other than broker, claiming to have dealt with the indemnifying party. Such
indemnity shall include, without limitation, the payment of all costs, expenses and attorney's fees
incurred or expended in defense of such claims or demands. The terms of this Section shall
survive the closing or termination of this Agreement.
15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a "foreign
person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the "Act"). At
closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign Certificate", as required
by the Act. Seller acknowledges that in the event Seller fails to deliver the Non-Foreign
Certificate, Purchaser shall be authorized to withhold from the closing proceeds an amount equal
to ten percent (10%) of the gross amount of the purchase price, and to remit same to the Internal
Revenue Service, as required by the Act.
16. NOTICES. All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The
effective date of any notice shall be the date of delivery of the notice if by personal delivery,
courier service or Federal Express, or if mailed, upon the date which the return receipt is signed
or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the
case may be. The parties hereby designed the following addresses as the addresses to which
notices may be delivered, and delivery to such addresses shall constitute binding notice given to
such party:
16. I Purchaser:
City of Delray Beach, Florida
100 N.W. Ist Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (407) 243-7091
Fax: (407) 278-4755
16.2 Seller:
Douglas T. Williams
118 N.W. 8th Avenue
Delray Beach, Florida 33444
7
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other parties.
17. ASSIGNMENT. Neither Purchaser nor Seller shall assign this Agreement or any
interest herein without the prior written consent of the other party.
18. ENFORCEMENT COSTS. In the event any action, suit or proceeding is
commenced with respect to interpretation or enforcement of this Agreement, the prevailing party
therein shall be entitled to recover all costs, expenses and fee, including, without limitation,
reasonable attorney's fees, expended or incurred by such party in connection therewith, including
any such costs expenses and fees upon appeal and in post judgment proceedings.
19. DEFAULT. In the event Seller fails or refuses to perform any term, covenant, or
condition of this Agreement, Purchaser shall, in addition to any other remedies provided at law or
in equity, have the right of specific performance thereof.
20. GOVERNING LAW & VENUE. This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any action
suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida.
21. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the
benefit off the parties hereto and their respective legal representatives, successors and assigns.
22. NO RECORDING. Neither this Agreement, nor any memorandum or short form
hereof, shall be recorded in the Public Records of Palm Beach County, Florida.
23. TIME OF ESSENCE. Time is of the essence with respect to the performance of
each and every provision of this Agreement where a time is specified for performance.
24. INTEGRATION. This Agreement constitutes the entire understanding and
Agreement between the parties with respect to the subject matter hereof, and may not be modified
or amended, except in a writing signed by all of the parties hereto.
25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly contingent
upon the approval of the City Commission of the City of Delray Beach.
26. HEADINGS. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not part of this Agreement, and are not to be considered in interpreting
this Agreement.
[This page is intentionally left blank]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their
respective names, on the dates set forth below~
Signed, sealed and delivered
in the presence of.
Date of Execution by Seller:
,1997
,-..WITNESSES: DOUGLAS T. WILLIAMS
; .'",. [---.,, t-,
Name Printed or Typed
State of Florida
The foregoing instrument was acknowledged before me this '9-xc\* day of
person
ac nowledging), who ~s " ' -
, _ ....... : ~.uw. tu n,~ ~ who has produced
~_ ~ ~..:a~ ~ ', ~ (type of identification) as identification and who~
(did not) take an oath.
~?2?W.~-,-tg.'~%~ Print, Type, or Stamp Name of
10
Date of Execution by Purchaser:
,1997
CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
spad.~19r, agt
11
EXHIBIT "A"
Lots 5 & 6 and the North 26.25 feet of Lot 7, Block 19, Delray Beach,
formerly Town of Linton, Palm Beach County, Florida.
Txx ID Number or Folio Number
of Property: 12-4346-16-0 I-019-0050
Grantee's Social Securitw Number or
Tax ID Number 596000308
EXHIBIT B
Prepared by. and
.M:'TER RECORDING RETUP~N TO:
Susan Rub3'. Esq.
C it3' .Mlorney
200 N.W.
Delray Beach. Florida 33444
STATUTORY WARRANTY DEED
DOUGLAS T. WILLIAMS, ("Grantor") whose address is 118 NW. 8th Avenue. Delrav Beach.
Florida. for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid to Grantor
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,'
as GRANTED. SOLD and CONVEYED and does hereby GRANT, SELL and CONVEY unto the City of
Delray Beach. whose address is 100 N.W. Ist Avenue. Delrav Beach, Florida. 33444 in fee simple title,
that certain land located in Palm Beach Count3.', Florida. being more particularly described in E.xhibit A.
attached hereto and incorporated herein bv reference, together with all improvements, if any, located on
such land (such land and improvements being collectively referred to as the "Property.").
This conveyance is made and accepted subject to all matters (the "Permitted Exceptions") set forth
in Exhibit B. attached hereto and incorporated herein bv reference.
TO HAVE AND TO HOLD the Property, together with all and singular the fights and
appurtenances pertaining thereto, including all of Grantor's right, title and interest in and to adjacent
streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee and Grantee's heirs,
successors and assigns forever. And Grantor herebv covenants with Grantee that, except as above noted.
that at the time of the delivery of this Warrant5.' Deed the Propert3., was free from all encumbrances made by
it and that Grantor will warrant and defend the same against the lax~l claims and demands of all persons
claiming by, through or under Grantor. but against none other.
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of the
day of , 199
WITNESSES: DOUGLAS T. WILLIAMS
Name: Grantor
State of Florida
Countx' of
Tim foregoing instrument was acknowledged before me this day of
1997 bx- (name of person
acknox~'icdging), who is personally known to me or who has produced
(t?.pe of identification) as identification and who did (did not)
takc an oath.
Signature of Notary Public - State
of Florida
Print, Type, or Stamp Name of
Notarx' Public
EXHIBIT A TO STATUTORY WARRANTY DEED
LAND
Lots 5 & 6 and the North 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of
Linton. Palm Beach Count?', Florida
EXHIBIT B TO STATUTORY WARRANTY DEED
PERMITTED EXCEPTIONS
TO DEED
1. Taxes and assessments for the year of 1997 and subsequent years, which are not yet due and
payable.
EXHIBIT C
BILL OF SALE
AND
ASSIGNMENT
DOUGLAS T. WILLIAMS. [l]("Assignor"), for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Assignor by the Cit3' of
D¢lray Beach, [2]("Assignee"), the receipt and sufficiency of which are hereby acknowledged, has
ASSIGNED. SOLD, CONVEYED and DELIVERED, and does hereby ASSIGN, SELL, CONVEY and
DELIVER unto Assignee. its successors, heirs, executors, administrators personal representatives and
assigns, all of Assignor's right, title and interest, if any, in and to the following:
1. Ail of the fixtures, equipment, machinery., furniture and other personal property. (the
"Personal Property") placed or installed on or about the real propem.' (the "Real Propert)."') being more
particularly described in Exhibit A. attached hereto and incorporated herein by reference: and,
2. All intangible property (the "Intangible Property."') pertaining to the Real Propert?' or the
Personal Propert3' or the use thereof including, without limitation, transferable utility contracts, transferable
telephone exchange numbers, plans and specifications, engineering plans and studies, floor plans and
landscape plans relating to the same or any part of the same. except as set forth in the contract for sale and
purchase.
3. The Assignor for itself and its successors, covenant to and with the Assignee, its
successors and assigns, that it is the lawful ovmer of the personal property, and intangible property.; that
the5' are flee from all encumbrances: that it has good right to sell the aforesaid, and that it will warrant and
defend the sale of thc personal propert?' and intangible personal property, on behalf of the Assignee, its
successors and assigns, against the lawful claims and demands of all persons whomsoever.
Bx- acceptance of this Bill of Sale. Assignee accepts and agrees to all matters set forth herein.
EXECUTED this ~ day of .199
DOUGLAS T. WILLIAMS
WITNESSES:
Name:
Name:
EXHIBIT A
LAND
Lots 5 & 6 and the North 26.25 feet of'Lot 7, Block 19, Delray Beach, formerly Toxvn o£
Linton. Palm Beach CounW, Florida
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,S/I
SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 4, 1997.
CHANGE ORDER #1 AND FINAL PAYMENT/SULLIVAN BROTHERS,
INC.
DATE: FEBRUARY 28, 1997
This is before the Commission to approve deduct Change Order #1
in the amount of $21,163.50 and final payment in the amount of
$48,431.30 to Sullivan Brothers, Inc. for Brandon Drive utility
improvements. The Change Order accounts for the final as-built
measured quantity adjustments as compared to the original
contract.
Recommend approval of Change Order #1 and final payment to
Sullivan Brothers, Inc. Funding is available from Brandon Drive
Utility Improvements (Account No. 440-5179-536-69.12).
AGENDA REQUEST
Date: February 27, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
- Workshop Agenda When: March 4 , 1997
Description of item (who, what, where, how much): Staff request City
Commission to approve Change Order #1. Final to Sullivan Brothers, Inc. for
Brandon Drive Utility Improvements 93-24. The Change Order accounts for the
final as-builts measured quantity adjustments as compared to the original
Contract.
Schedule "A" attached to the Change Order specifically references these
adjustments. The amount of Change Order #1, Final is a net deduct of
$21,163.50.
Approval is also requested for final payment to Sullivan Brothers, Inc. in the
amount of $48,431.30 for the project. A Contractor Evaluation is also
attached for your review.
Funding source for this agenda request is 440-5179-536-69.12 (Brandon Drive
Utility Improvements) for -$21,163.50.
ORDINANCE/RESOLUTION REQUIRED: YES~u DRAFT
Recommendation: Staff requests~t~/~Dr0missif~w~ ~pprove ~hange Order~ Ns. l,
Brothe ,
/~--// /
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
App roved/Di s app roved
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction Divisi~
Date: F~ruary 27, 1997 /~ ~/
Re: Change Order No. 1, Final - Brandon Drive
Utility Improvements - Project 93-24
Attached for Commission approval is an agenda request for Change
Order #1, Final to Sullivan Brothers, Inc. for the above
referenced project. The Change Order accounts for the final as-
built measured quantity adjustments as compared to the original
Contract.
Schedule "A" attached to the Change Order specifically references
these adjustments. The amount of Change Order #1, Final is a net
deduct of $21,163.50.
Approval is also requested for final payment to Sullivan
Brothers, Inc. in the amount of $48,431.30 for this project. A
Contractor Evaluation is also attached for your review.
Funding is from Account No. 440-5179-536-69.12 (Brandon Drive
Utility Improvements) for -$21,163.50.
File: Memo to City Manager
9324A
9324memo
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER %2, FINAL PROJECT NO. 93-24
DATE:
PROJECT TITLE: Brandon Drive Utility Improvements
TO CONTRACTOR: Sullivan Brothers, Incorporated
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:
See attached Schedule "A"
SUMMARY OF CONTRACT A/4OUNT
ORIGINAL CONTRACT AMOUNT $365,765.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $365,765.00
COST OF CONSTRUCTION CHANGES THIS ORDER $-21,163.50
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $344,601.50
PER CENT DECREASE THIS CHANGE ORDER -5.7%
TOTAL PER CENT DECREASE TO DATE -5.7%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
SULLIVAN BROTHERS INCORPORATED (Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Service Department 440-5179-536-69.12 (Brandon Drive
Utility Improvements) for -$21,163.50.
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By
William H. Greenwood, Director Jay Alperin, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
FROM : SULLIVAN BROS PHONE NO. : 305 960 7337 FEB. 27.1997 4:14PM P 2
APPLICATION FOR PAYMENT
cMs~rr: CITY OF DELBAY BEACH CO~rntiCTOX: SULLIVAN ~O~, ~C.
E~O~NT~ ~ER~ DE~. 2251 ~O~L~ ~., S~ 202
434 S. ~ON A~ ~~0 BEA~, ~, 33~9
D~.~Y ~A~, ~A 334~
r.o. ~T: B~DON D~
Pmj~ No. 93-24
~o~ ~o~ 1~.97 ~U~ON; F~ ~)
~oD ~ 14-Fe~97
In accordance with the attached Request £or Payment, the ~med Contm~r is entitled to l~pment in the amount set fro'th b
The pi. esent status off the account for'the subject contract is as follows:
The undersigned Contractor certifies that the work covered by this Application for P~ment has been completed in accordanc
with the Contract Docmnen~; that all amounts have been paid by it for work for which previous Cra'title. es for Payments we
issued and payments received from the owner and ctuTent peTment ~hown herein is now due. Upon payment to the Contract
of the su~ represented by thi~ Certificate, Contractor acknowledi~ it will have no other or additiollal cleim against the owner
for any work performed and any services and materials furnished prior to this date.
[ITY ElF EIELItlIY BEII[H
Wfi~r's Direct L~e: (~) 243-7091
D~LRAY B[ACH
Ali. America ~i~ ~MO~~
1993
TO: Ci~ Comission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Appoin~ent of Board Co~sel for ~e Nuis~ce Abatement Bo~d
Our office recommends the appointmem of Steven Rubin, Esq. to serve as board counsel
for the Nuisance Abatement Board. The rate of compensation is $100.00 per hour. As
previously discussed, the Police Legal Advisor is charged with the responsibility of
prosecuting cases before the Board pursuant to ordinance, and thus, our office cannot
represem the Board due to a conflict of interest.
Mr. Rubin is a Florida Bar Board Certified Real Estate Attorney and has an
undergraduate degree in economics. He has served as a Special Master for the Palm
Beach County Value Adjustment Board and was a former chairman of the City's Board
of Adjustment. I believe Mr. Rubin's expertise and experience will be of great service
to the Board.
By copy of this letter to David Harden, City Manager, our office requests that this
matter be pi_aced on the March 4, 1997 agenda.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Chief Richard Overman, Delray Beach Police Department
nab. sar
MEMORANDUM
TO: Mayor and City Commissioners
FROM: City Manager
SUBJECT: Appointments to the Nuisance Abatement Board
DATE: February 27, 1997
We had expected to schedule the Nuisance Abatement Board
appointments for the March 4th meeting. Unfortunately, we still
have not received an adequate number of applications for
Commission's consideration. We do expect several additional
applications within the next few days.
We will continue our efforts to encourage more applicants and
will keep the Commission informed as to the status of this
matter. At this time, I expect we will have sufficient
applications for you to consider making appointments on March 18,
1997.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/1
SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 4, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: FEBRUARY 28, 1997
Attached is the Report of Appealable Land Use Items for the
period February 18 through February 28, 1997. 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
THRU:NING
FROM: /'JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MARCH 4, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 18, 1997 THRU FEBRUARY 28, 1997
The action requested of the City Commission is that of review of
appealable actions which were made by various Boards during the period
of February 18, 1997 through February 28, 1997.
This is the method of informing the City Commission of land use actions,
taken by designated Boards, which may be appealed by the City
Commission. After this meeting, the appeal period shall expire (unless the
10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It
also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on the next
meeting of the Commission as an appealed item.
City Commission Documentation
Appealable Items Meeting of March 4, 1997
Page 2
A. Approved (5 to 0, Schmidt and McCarthy absent) with conditions, a
conditional use modification in conjunction with the conversion of a
single family residence to accommodate a multi-purpose room at
the House of God Church, located at the southwest corner of
N.W. 1st Street and N.W. 3rd Avenue.
B. Initiated on a 5 to 0 vote, an amendment to the Land Development
Regulations Section 4.4.19 to the Mixed Industrial and
Commercial (MIC) district, regarding allowable uses within the
district.
The following items which were considered by the Board will be forwarded
to the City Commission for final action.
· Recommended approval (5 to 0), of an amendment to the Land
Development Regulations Section 4.4.13 to allow moped/motor
scooter rentals as a conditional use in the CBD (Central Business
District) along with related provisions to Section 4.3.3 (Special
Requirements for Specific uses) to include restrictions regarding
moped/motor scooter rentals and providing a definition for such.
· Recommended approval (4 to 1, Schwartz dissenting), of the
conditional use request to establish a communication tower at Atlantic
High School, located on the east side of Seacrest Boulevard (N.E.
2nd Avenue) between N.E. 22nd Street and Gulfstream Boulevard.
· Continued action (5 to 0), of an amendment to the Land Development
Regulations establishing specific requirements for the installation of
telecommunication towers and antennas,
· Recommended approval (4 to 1), of an amendment to the Land
Development Regulations Section 4.6.21 regarding security bars on
commercial buildings.
1. Approved (4 to 0, Carter stepped down, Andrews and Sittler
absent), a request to change the elevations for the perimeter
wall from a 6' high c.b.s wall to a 6' high panel wall system with
a cap and raised columns along the east, south and west sides
City Commission Documentation
Appealable Items Meeting of March 4, 1997
Page 3
of the Levy Property, located at the southeast corner of South
Federal Highway and Avenue F.
2. Approved (4 to 0, Sheremeta stepped down), a request to
change the architectural elevations (awning addition) at the
Delray Coin Laundry, located at the southeast corner of S.E.
10th Street and Miami Boulevard.
3. Approved (5 to 0), a request to change the architectural
elevations (awning addition) at Mario's of Delray, located at
the southeast corner of S.E. 5th Avenue and S.E. 8th Street.
X. Denied on a 5 to 0 vote (Turner absent), the Certificate of
Appropriateness to allow a material change for exterior siding from
wood clapboard to vinyl for a single family residence located on
222 S.E. 7th Avenue,
Y. Approved on a 5 to 0 vote, new wall signs for the Goodwill Store,
located at the southeast corner of N.E. 1st Street and N.E. 1st
Avenue.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF MARCH 4, 1997
L-30 CANAL
i
LAKE IDA ROAD
~ i
i_ .... L ._..i
ATLANTIC AVENUE
I
c3
LOWSON BOULEVARD m
LINTON BOULEVARD -r
I
>. L ..... -J
L-38 CANAL C-15 CANAL
cl~' L,~,TS ........... S.P.R.A.B. P. &: Z.
1. - LEVY SAD A. - HOUSE OF GOD CHURCH
2. - DELRAY COiN LAUNORY
i MILE
I .:3. - MARIO'S OF DELI:~AY
I
I
H.P.B.:
SCALE
X. - 222 S.E. 7TH AVENUE
N Y. - THE GOODWILL STORE
CITY OF' DELRAY BEACH, FL
PLANNING DEPARTMENT
-- Z)lGll'A1. B~4,EE MAP SYSrE'M --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~'~I
SUBJECT: AGENDA ITEM # ~'7'G' - MEETING OF MARCH 4, 1997
AWi~RD OF BIDS kND CONTRACTS
DATE: FEBRUARY 28, 1997
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid award to Ferguson Enterprises, Inc. via City of Hialeah
annual contract for water meter boxes and lids, at an
estimated annual cost of $14,820.65 from 442-5178-536-
61.81.
2. Bid award to various vendors through contracts with the
State of Florida, Florida Sheriffs Association, Orange
County Public Schools, and Broward County School Board for
replacement vehicles, in the amount of $526,123 from Account
No. 501-3312-591-64.20, and $18,703 from 441-5123-536-64.20
MEMORANDUM
TO: David Harden, City Manager
FRO .. X. Bu 45
THROUGH: Joseph Sa~~,inance Director
DA TE: February 26, 1997
SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING
MARCH 4, 1997- CONTRACTAWARD, VIA CITY OF
HIALEAH ANNUAL CONTRACT
WATER METER BOXES & LIDS
Item Before Commission:
The City Commission is requested to approve the award for the purchase of Water Meter
Boxes and Lids, via City of Hialeah Annual Contract to Ferguson Enterprises, Inc. at an
estimated annual cost of $14, 820. 65.
Background:
The City inventories the Water Meter Boxes and lids for the Environmental Services
Department at the Warehouse. The water meter boxes and lids are requisitioned as
needed by the Department.
Ferguson Enterprises, Inc. agrees to extend to the City of Delray Beach pricing of the
Annual Contract awarded to them by the City of Hialeah. (see attached memo)
Funding source for these items is 442-5178-536-61.81.
Recommendation:
The Purchasing Staff recommends award to Ferguson Enterprises, Inc. at a total
estimated annual cost of $14, 820. 65.
Attachments
Memo To Water/Sewer Dept. Dated 2/21/97
Tabulation of Bids, via City of Hialeah
Letter from Ferguson Enterprises, Inc. Dated 2/19/97
Copy of Ferguson Enterprises, Inc. Bid
cc: dacklyn Rooney, Purchasing Supervisor
?.G.I.
Agenda Item No.: ~7, ~./.
AGENDA REQUEST
Request to be placed on: Date: February 26, 1997
_XX_Regular Agenda __Special Agenda __Workshop Agenda
When: March 4, 1997
Description of agenda item (who, what, where, how much): Award Annual Contract for
Water Meter Boxes & Lids for inventory via City of Hialeah, at an annual estimated cost of
$14,820.65.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Vendor: Ferguson Enterprises, Inc. at an estimated annual cost of
$14,820.65, account code #442-5178-536-61.81.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: Michael S. Offie, Manager Water/Sewer
FROM: K. Butler, Buyer ~
SUBJECT: Meter Box, Covers and Lids
DATE: February 21, 1997
Per the estimated quantities for above subject, Purchasing has reviewed and recommends the purchase of these
items via City of Hialeah Annual Contract for Meter Boxes and Lids which expires November 3, 1997.
These items were awarded to Ferguson Enterprises, Inc. Total annual estimated dollar is $14,820.65.
(please see attached)
Description: Estimated Qty Unit Price Total
Meter Box 38-H 95 $21.85 $2,075. 75
Meter Box Cast Iron Lid 38-H 95 $23.82 $2,262.90
Meter Box 37-H 325 $ I 1.59 $3,766. 75
Meter Box Cast Iron Lid 37-H 325 $12.41 $4,033.25
Meter Box Lid for 37-HBox 10 $12.41 $ 124.10
Meter Box Lid for 36-H Box 150 $10.18 $1,52 7. O0
Meter Box Lid I5 3/8" X lO l/8" for 36-T Box 10 $30.37 $ 303.70
Meter Box Lid 13 3/4" X23 1/4 "for 38-H Box 10 $23.82 $ 238.20
Meter Box Lid 11 1/4"XI8 I/8"for 37-TBox 15 $32.60 $ 489.00
(c.I.)
TOTAL: $14,820.65
Funding source for these items is 442-5178-536-61.81.
If you approve, please sign below and return to Purchasing.
Recommendation Approval:
Manager Wate'r~Sewer~t~ - Date
cc: Jackie Rooney, Purchasing Supervisor
02/19/97.11:45 ET REF: GEENg376 FR:FERGUSON ENTERPR'rSES T0:5612437166 Page 2 of 3
ENTERPRk,qES,
INC.®
FUI - POMPANO BEACH
2361 N.W. 22ND STREET
POMP~.)~) BEACH, FL 33069-1394
Phone: (954) 973-8100
Fax: (954) 960-0095
MEMO
From: Kenneth Lopez
To: Fax: 561-243-7166 : KATHY BUTLER
Date: 19 FEB 1997
Subject: CONCRETE METER BOX AND LID
CITY OF DELRAY BEACH
100 NW 1st AVE
DELRAY BEACH FL 33444
FERGUSON
UNDERGROUND
2361 NW 22 AVE
POMPANO BCH FL
33069
DEAR, CATHY
IN REFERECNE TO CITY OF HIALEAH ANNUAL CONTRACT FOR METER BOXES AND
LIDS. FERGUSON UNDERGROUND WILL ALLOW THE CITY OF DELRAY BEACH TO ALIGNE
ITSELF WITH THE CITY OF HIALEAH'S METER BOX CONTRACT. A COPY OF THE
ORIGINAL QUOTE HAS BEEN FAXED AND REVIEW BY KATHY BUTLER. ALL TERMS OF THIS
CONTRACT SHALL BE HONORED BY FERGUSON UNDERGROUND.
WE LOOK FORWARD TO SERVICING YOU ON THIS CONTRACT AND PROVIDING A
SUPERIOR PRODUCT.
SINCERELY YOURS
KENNETH LOPEZ
INSIDE SALES
cc: Mark Patterson - 125 Underground
Gene Della Piana - 125 Underground
Frank Nagle - 125 Underground
Ferguson Enterprises, perpetuating the free enterprise system
17
P&S-11
BIDDER:
(Name ~ Firm or corPoratt~Sn)
(Address of Firm" 6r corporati0h) .....
(Telephone Number of Fi~ ~r Corporation)
Name (Print) Signature Title
CORPORATE SEAL
A¢=epted by Owner on:~~~_~ Date
..: ATTEST ...... DEPARTMENT OF WATER AND SEWERS
",~ej~...~~ter & S_~wer ~oard charon, ater & Se~er ~oard
100 - (No,; 36 BOdy) Concrete meter box (approx- inside
dimensions - 10 1/2" x 17 1/4" and overall depth of 12")
for 5/8" x 3/4" water meters, the unit price of
J -
~0o - (So~a6::~H,cove~ c~ (10 1/8- x 15 3/8") with
hinged~ cast iron ~or ~e above meter boxes
for 5/8" x 3/4" me'ers, the ~it price of
100 - ~!~T~:~st'::~Iron~' ~etal cover (10 1/8" x 15 3/8") with
h~nged cast ~ron __ I~ _~ ........ ~or a~ve meter ~xes
meters, ~e unit pri6~ of
100 - ('No-~ ~3~:,~ ~ con~e~e meter box (approx. inside
di~en~ion~'' x aO" and overall depth of 12") for ~/~"
x 3/4" and 1" water meters, ~e ~it pric~ of
100 - '(N~~:~cov~J~cancrete cov~ (11 1/4
hing~ cast iron :~or ~e above meter boxes,
~e ~it price of
100 - (No,~;~.~T.~st. Iren):Metal oov~ ~11 I14" x 1~ llS") wi~
the unit price of
- WO~S
12
P&S-6
100 - (No. 38 Body) Concrete meter box (approx. inside
dimensions - 13" x 24" and overall depth of 12") for 1"
and i 1/2" water .meters, the unit price of
100 - (No. 38 H Cover) Concrete cover (13 3/4" x 23 1/4") with
hin~ed cast iron~..~i~-:'~'t, ~j~ii~or ~e above meter ~xe~,
.the unit pric- ~<
100 - (No. 38 ~ Steel) Metal ~over (17 3/8" x 26 7/8") with
~te~l lift ~{for ~e above meter boxes, the
unit prioe of
100 - ( Dual Body ) Con~ete met er ~xes (approx. in~
dimensions - 15 1/2" x 17 1/2" and overall dep~ of 12")
for two 5/8" x 3/4" water meters, ~e ~it price of
100- (Dual H) Concrete cove~ (14 9/16" x 16 9/16")
hinged ca~t iron reading lid for ~e above meter boxes,
the ~it price of
100 - (Dual H-~) C.I. Meal cover~ (14 9/16" x 16 9/16") with
hin~ ca~ i~on r~ading lid fo~ ~e above meter ~xe~,
~he ~i~ pric- of
13
P&$-7
100 - (No. 66 Body) Concrete meter box (approx. inside
dimensions - 17" x 30" and overall depth of 12") for 2"
~~/w,t~ meteys, ~e u.nit price
.... WoRDs
100 - (No. 66 S cover) Concret~ cover (17 1/2" x 30 1/2") with
concrete reading lid (8 3/4" x 14 1/2") for the above
meter boxes, the unit price of
100- (No. 66 TR Steel) Metal cover (21 3/8" x 34 1/4") with
steel lift reading lid, for ~e a~ve meter boxe~, the
unit price of
_ ,
TOT~ ..... $~, .
DEVIATIONS:
[ITY (IF I)ELR;IY BEIIgH
pE~LroaY~ 8,EASH~
~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
O: Da. vid T. Harden, City Manager
199~f FROM: ~Robert A. Barcinski, Assistant City Manager
DATE: February 27, 1997
SUBJECT: CONSENT AGENDA ITEMS # CITY COMMISSION MEETING
MARCH 4, 1997
BID AWARD - REPLACEMENT VEHICLES
Action
City Commission is requested to approve bid awards for replacement of City vehicles per
staff recommendation.
Background
City vehicle replacements are requested on an annual basis due to age, mileage, repair
costs, or a combination of the above. Vehicles per Attachment "A" are being
recommended for replacement.
Recommendation
Staff recommends various bid awards from State of Florida Contract, as specified in
Attachment "B". NOTE: These unit costs do not include some option items that we will
acquire from other vendors (i.e., utility bodies and hoists.)
Staff recommends various bid awards from the Florida Sheriffs Association Contract, as
specified in Attachment "C".
Staff recommends various bid awards from Orange County (Orlando, FL) Public Schools
Contract, as specified in Attachment "D".
Staff recommends a single bid award-from the Broward County School Board Contract, as
specified in Attachment "E".
Funding is available as follows from City Garage Account #501-3312-591-64.20 in the amount
of $526,123 and Water Distribution Account #441-5123-536-64.20 in the amount of $18,703.
HO/sdl
Attachments
c: Richard Overman
David Junghans
Hoyt Owens
REF:HO/030497.com
T.E EFFORT ALwaYs MATTERS ~' ~'' ;( '
Printed or~ Recycled Paper
City Of Delray Beach
Proposed Vehicle Replacement List
FY 96-97
Attachment "A"
1 695 Streets Dept. Mad-Vac Commercial Sweeper 1992 441
2 9064 Fire Rescue Transporter EVF Transporter 1990 67,973
3 1410 Police Patrol Chevrolet Caprice 4 door sedan 1994 33,849
4 1204 Police Patrol Crown Victoria 4 door sedan 1992 75,08~
5 2 Parks Department Toro Mower Groundsmaster 322-D 1986
6 788 Parks Maint John Deere 2240 Loader 4x4 40bp. 1981 9,913
7 779 Parks Maint Ford/F-250 3/4 Ton Flat Dump 1984 49,649
8 652 Streets Dept. Ford/F-150 1/2 Ton pickup 1987 63,506
9 710 Parks Maint John Deere Tractor 1987 295
10 404 Water Distribution Ford/F-250 3/4 Ton Utility Body 1986 81,500
11 799 Beach Patrol Honda Trax 300 4 WD ATV 1993 0
1'2 224 Water Maintenance Dodge D~150 1/2 Ton pi ckup 1986 68,000
13 399 Building Dept. Ford Escort 2-DR 1989 70,000
14 394 Building Dept. Ford Escort 2-DR 1989 65,081
15 6803 Fire Operations Ford Crown Victoria 4-DR 1988 92,000
16 780 Parks Maint Ford/F-150 1/2 Ton pickup 1987 88,700
17 435 Water Distribution GMC Dura Van 1/2 Ton Van 1986 63,500
16 397 Code Enforcement Ford Escort 2-DR 1989 28,951
19 465 Lift Station Ford/F-250 3/4 Ton Utility Body 1984 46,079
20 8711 , Fire Inspection GMC Suburban 3/4 Ton 1987 70,262
21 1614 Police Investigation Chevy Van G-20 1/2 Ton Van 1986 64,000
22 405 ,Construction Ford/F-250 3/4 Ton Utility Body 1984 32,000
23 1115 i Police CSS Ford Escort 4 door sedan 1991 37,g86
24 1813 Police CSS Dodge 600 K 4 door sedan 1988 73,076
25 1922 'Police CSS Dodge Aries K 4 door sedan 1989 57,~'41
26 1923 ! Police CSS Dodge Aries K 4 door sedan 1989 53,1'45
27 1914 Police Investigation Ford Taurus 4 door sedan 1989 75,400
28 1915 !Police Investigation Ford Taurus 4 door sedan 1989 61,427
29 1916 Police Investigation Ford Taurus 4 door sedan 1989 65,212
30 1919 Police Investigation Ford Taurus 4 door sedan 1989 59,700
31 1913 ,Police Investigation Ford Taurus 4 door sedan 1989 77,944i
32 1920 Police Investigation Ford Taurus ,4 door sedan 1989 64,0711
33
35
36 482 Utility Inspections GMC Jimmy 12 dr. Sport Utility 1986 63,601
37 New Water Distribution Department Approved '97 Budget
Prepared by J.Schmitz REPLACE.XLS
City Of Delray Beach
Proposed Vehicle Replacement List
FY 96-97
Attachment "B"
2
3
4
5
7 Don Reid Ford, Maitland FL 1997 Ford ET50 3/4 ton pickup 4x2 CNG 070-500-622 $24,721 $24,721
8 Ed Morse Fleet, Ft. Laud. 1997 Chevy C1500 1/2 ton pickup 4x2 070-500-410 $15,271 $39,992
9 $0 $39,992
10 Don Reid Ford, Maitland FL 1997 Ford FT50 3/4 ton pickup 4x2 CNG 070-500-622 $22,801 $62,793
11 $0 $62,793
12 Ed Morse Fleet, Ft. Laud. 1997 Chevy C1500 1/2 ton pickup 4x2 070-500-410 $15,271 $78,064
13 PD 1115 trans, for replace $0 $78,064
14 Ed Morse Fleet, Ft. Laud. 1997 Chevy Cavalier Compact4 drsedan 070-500-410 $12,491 $90,555
15 $0 $90,555
16 Ed Morse Fleet, Ft. Laud. 1997 Chevy C1500 1/2 ton pickup 4x2 070-500-410 $15,271 $105,826
17 Don Reid Ford, Maitland FL 1997 Ford E250 3/4 ton cargo van CNG 070-300-505 $22,858 $128,664
18 $0 $128,664
19 Don Reid Ford, Maitland FL 1997 Ford FT50 3/4 ton pickup 4x2 Gas 070-500-420 $21,873 $150,557
20 Don Reid Ford, Maitland FL 1997 Ford Taurus Mid-size 4 dr sedan 070-200-310 $16,493 $167,050
21 Don Reid Ford, Maitland FL 1997 Ford E250 3/4 ton cargo van CNG 070-300-505 $22,858 $189,908
22 Don Reid Ford, Maitland FL 1997 Ford FT50 3/4 ton pickup 4x2 CNG 070-500-420 $22,601 $212,509
23 Ed Morse Fleet, Ft. Laud. 1997 Chevy Cavalier Compact 4 dr sedan 070-200-140 $12,491 $225,000
24 Ed Morse Fleet, Ft. Laud. 1997 Chevy Cavalier Compact 4 dr sedan 070-200-140 $12,491 $237,491
25 Ed Morse Fleet, Ft. Laud. 1997 Chevy Cavalier Compact 4 dr sedan 070-200-140 $12,491 $249,982
26 Ed Morse Fleet, Ft. Laud. 1997 Chevy Cavalier Compact 4 dr sedan 070-200-140 $12,491 $262,473
27 Don Reid Ford, Maitland FL 1997 Ford Taurus Mid-size 4 dr sedan 070-200-310 $16,493 $278,966
28 Don Reid Ford, Maitland FL 1997 Ford Taurus Mid-size 4 dr sedan 070-200-310 $16,493 $295,459
29 Don Reid Ford, Maitland FL 1997 Ford Taurus Mid-size 4 dr sedan 070-200-310 $16,493 $311,952
30 Don Reid Ford, Maitland FL 1997 Ford Taurus Mid-size 4 dr sedan 070-200-310 $16,493 $328,445
31 Don Reid Ford, Maitland FL 1997 Ford Taurus Mid-size 4 dr sedan 070-200-310 $16,493 $344,938
32 Don Reid Ford, Maitland FL 1997 Ford Taurus Mid-size 4 dr sedan 070-200-310 $16,493 $361,431
33
35
36
37 Don Reid Ford, Maitland FL 1997 Ford FT50 3/4 ton pickup 4x2 070-500-420 $18,703 $380,134
Prepared by J.Schmitz REPLACE.XLS
City Of Delray Beach
Proposed Vehicle Replacement List
FY 96-97
Attachment "C"
1
2
3 Don Reid Ford, Maitland FL 1997 Ford Orown 4 dr sedan 96-04-0918spec01 $22,751 $22,751
4 Don Reid Ford, Maitland FL 1997 Ford Crown 4 dr sedan g6-04-0918spec01 $22,751 $45,502
5
6
7
8
9
10
11
12
13
14
15 Don Reid Ford, Maitland FL 1997 Ford Crown 4 dr sedan admin vehicle 96-04-0918spec3 $20,748 $66,250
16 Don Reid Ford, Maitland FL 1997 Ford Ranger 4x2 pickup truck 96-04-0918spec7 $13,403 $79,653
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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32
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36 Gateway Chevy, Lake City, F 1997 GMO Jimmy Sport Utility 96-04-0918spec11 $20,g1(] $100,563
37
Prepared by J.Schmitz REPLACEC.XLS
City Of Delray Beach
Proposed Vehicle Replacement List
FY 96-97
Attachment "D"
iii:ii :,ili:,i:,i:,::::::::::::::::::::::::::::::::::::: : i::::::'::: ::::::::::,:~::::: ::::::::::::::::::::::::: ::::::::::::::::::::::::':::::::::::::: :::::::: ::: :::::::: ::'::::::::::::'::::: :::::::::':::::~
2
3
4
5
6 John Deere Orange Co. PS 1997 John Deere 5300 Loader 4x4 55 HP 96-04-09NM $23,522 $23,523
7
8
9 John Deere Orange Co. PS 1997 John Deere 5300 55 HP backhoe/loader 96-04-09NM $27,811 $5'1,334
l0
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Prepared by J.Schmitz REPLACED.XLS
City Of Delray Beach
Proposed Vehicle Replacement List
FY 96-97
Attachment "E"
1
2
3
4
5 Toro Equipment. Broward Co. SE 1997 Toro 325[3 Groundmaster recycler 97-073T $12,795 $12,795
6
7
8
9
10
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2O
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Prepared by J.Schmitz REPLACEE.XL$
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~"~"?
SUBJECT: AGENDA ITEM # ~' - MEETING OF MARCH 4, 1997
CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT ATLANTIC
HIGH SCHOOL
DATE: FEBRUARY 28, 1997
This is before the Commission to consider a request for condi-
tional use approval to allow the installation of a 150 foot high
communication tower at Atlantic High School within the CF
(Community Facilities) zone district. The transmission facility/
tower would be at the south end of the school site located on the
east side of Seacrest Boulevard (N.E. 2nd Avenue) between N.E.
22nd Street and Gulfstream Boulevard.
The leased area is 20 x 22 feet with accommodations for an
equipment room. The tower will be a monopole structure of no
greater than 150 feet in height. Trees will be provided along
the east half of the south property line and the south half of
the east property line. There will be attachment of a field/
sports light on the east side of the pole at a height of 70 feet.
The Planning and Zoning Board, after testimony both supporting
and opposing the request, voted 4-1 to recommend the Conditional
Use request be approved subject to conditions as outlined in the
attached materials.
Recommend approval of the Conditional Use request based on
positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E) (5) (Conditional Use Findings) of
the Land Development Regulations and the policies of the
Comprehensive Plan.
TO: DAVID T. HARDEN
G AND ZONING
FROM: ~,,F,~EY A. COSTELLO
SENIOR PLANNER
SUBJECT: MEETING OF MARCH 4, 1997
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
INSTALL A COMMUNICATION TOWER AT ATLANTIC HIGH
SCHOOL, LOCATED ON THE EAST SIDE OF SEACREST
BOULEVARD, BE~EEN GULF STREAM BOULEVARD AND
N.E. 22ND STREET.
The action requested of the City Commission is that of approval of
a Conditional Use request to establish a communication tower at
Atlantic High School, within the CF (Community Facilities) zone
district.
The subject property is located on the east side of Seacrest
Boulevard, between Gulf Stream Boulevard and N.E. 22nd Street.
The development proposal is to obtain approval of an existing communication
and transmission facility/tower at the south end of the Atlantic High School site
for PrimeCo personal communications, and incorporates the following:
· Approval of an existing 150 foot monopole communication tower with a 5'
high antenna and lighting rod at the top of the tower;
· Approval of the associated equipment room within the 20'X 22' (440 sq.ft.)
leased area located on the north side of the advertising board, between the
auditorium and the activity/football field, with accommodations for an
equipment room for a future cellular provider;
· Attachment of a field/sports light on the east side of the pole at a height of
70';
City Commission Documentation
Meeting of March 4, 1997
Communication Tower at Atlantic High School - Conditional Use Approval
Page 2
· Retention of the existing 65' concrete lTV (Instructional Television) monopole,
which accommodates the school's communication dish at the north end of the
site; and,
· Approval of an existing 6' high black vinyl coated chain link along with
associated landscaping around the perimeter of the leased area.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board staff report.
At its meeting of February 24, 1997, the Planning and Zoning Board held a
public hearing in conjunction with review of the request. There was testimony
both for and against the proposal. The Board voted 4-1 (Schwartz dissenting;
McCarthy and Schmidt absent) to recommend to the City Commission approval
of the Conditional Use request based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to the following conditions:
1. That the tower be a monopole structure no greater than 150 feet in height;
2. That trees be provided every 25' along the east half of the south property line
and every 30' along the south half of the east property line with the trees to
be 14' in height with a 6' spread at the time of planting;
3. Submission of a non-impacting site plan modification application addressing
conditions of approval;
4. Verification from the F.A.A. (Federal Aviation Administration) that the location
and height of the tower is acceptable and must be provided with the site plan
submittal;
5. That any proposal to add microwave dishes be processed as a conditional
use modification;
6. That if the tower or antenna becomes obsolete, it shall be removed within 12
months of cessation of use. (The applicant shall submit an executed removal
agreement to ensure compliance with this requirement.); and,
7. Subject to the communication tower accommodating at least one other
provider.
City Commission Documentation
Meeting of March 4, 1997
Communication Tower at Atlantic High School - Conditional Use Approval
Page 3
Approve the conditional use request to establish a communication tower at
Atlantic High School, based upon the findings and recommendations of the
Planning and Zoning Board.
Attachment: P & Z Staff Report and Documentation of February 24, 1997
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: February 24, 1997
AGENDA ITEM: v.c.
ITEM: Conditional Use Request to Allow the Installation of a 150' High Communication
Tower at Atlantic High School, Located on the East Side of Seacrest Boulevard
(N.E. 2nd Avenue), Between N.E. 22nd Street and Gulf Stream Boulevard.
GENERAL DATA:
Owner/Applicant ........................ Palm Beach County
School Board
Agent ......................................... August Hemandez
Location ..................................... East side of Seacrest
Boulevard (N.E. 2nd Avenue),
between N.E. 22nd Street and
Gulf Stream Boul~)vard.
Property Size ............................. 34.79 Acres
Future Land Use Map ................ Community Facilities - School
Current Zoning ........................... CF (Community Facilities)
Adjacent Zoning ............... North:. R-l-AA (Single Family
Residential),. RM (Medium
Density Residential), and MIC
(Mixed Industrial &
Commerdal)
East: GC (General C~'mmercial)
South: RM, R-I-~AA
West: CF & R-l-AA
Existing Land Use ..................... Existing public high school with
associated activity fields,
parking areas, and
landscaping.
Proposed Land Use ................... Approval of a 150' monopole
communication tower on the
east side of the auditorium.
Water Service ............................ N/A.
Sewer Service ........................... N/A.
The action before the Board is that of making a recommendation to
the City Commission on a Conditional Use request and attendant
sketch plan to establish a communication tower at Atlantic High
School, pursuant to Section 2.4.5(E).
The subject property is located on the east side of Seacrest
Boulevard, between Gulf Stream Boulevard and N.E. 22nd Street.
The subject property is an unplatted property containing 34.79 acres of land.
The school was built in 1949, with additions constructed throughout the years.
In 1990, a review of a site plan modification was conducted for Atlantic High
School for an auditorium addition. The associated improvements have been
constructed.
On February 8, 1996, the 104th Congress of the United States passed the
Telecommunications Act of 1996 (Public Law 104-104). The Act addresses
many topics including telecommunication services, broadcast services, cable
services, regulatory reform, and other miscellaneous provisions. Section 704 of
the Act addresses local government zoning of towers used for cellular, PCS
(Personal Communications Services) and CMR (Commercial Mobile Radio
Service) transmitters: When regulating the placement of towers, local
governments are prohibited from: 1) actions which discriminate between
providers of "functionally equivalent" services; 2) actions which have effect of
prohibiting the provision of wireles~ services; and 3) regulation of the placement
of towers based upon Radio Frequency (RF) emissions. Local governments
must act. upon tower siting requests within a reasonable time and all denials
must be in writing.
State Statutes provide that schools may install communication towers for the
school's purposes, however, commercial towers on school sites must obtain
local government approval, if applicable. In September, 1996, a 150' monopole
communication tower was installed at the south central portion of the school site
between the auditorium and athletic activity/football field, without first obtaining
conditional use approval. On November 6, 1996, a conditional use request was
submitted to obtain approval for the tower.
On December 10, 1996, the City Commission approved a moratorium on new
requests to install communications towers to allow staff to study the personal
communications industry to determine how many new tower requests can be
anticipated and if a master plan regarding communication towers should be
c:
Planning and Zoning Board Staff Report
Communication Tower for Atlantic High School - Conditional Use Approval
Page 2
adopted. As this application was already in process, it was exempted from the
moratorium.
The conditional use request to install a monopole communication tower at the
Atlantic High School site is now before the Board for action.
The development proposal is to obtain approval of an existing communication
and transmission facility/tower at the south end of the Atlantic High School site
for PrimeCo personal communications, and incorporates the following:
E! Approval of an existing 150 foot monopole communication tower with a 5'
high antenna and lighting rod at the top of the tower;
El Approval of the associated equipment room within the 20' X 22' (440 sq.ft.)
leased area located on the north side of the advertising board, between the
auditorium and the activity/football field, with accommodations for an
equipment room for a future cellular provider;
El Attachment of a field/sports light on the east side of the pole at a height of
7O';
E] Retention of the existing 65' concrete I'IV (Instructional Television) monopole,
which accommodates the school's communication dish at the north end of the
site; and,
El Approval of an existing 6' high black vinyl coated chain link along with
associated landscaping around the perimeter of the leased area.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.t.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the
following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the
zone district and the zoning district must be consistent with the land use
designation.
Planning and Zoning Board Staff Report
Communication Tower for Atlantic High School - Conditional Use Approval
Page 3
The subject property has a Future Land Use Map designation of Community
Facilities (School) and is currently zoned CF (Community Facilities). The CF
zone district is consistent with the Community Facilities (School) Future Land
Use Map designation. Within the CF zoning district, a communication tower is
allowed as a conditional use [ref. LDR Section 4.4.21(D)(5)]. Based upon the
above positive findings can be made with respect to consistency with the Future
Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
The tower is unmanned, and will not have any impacts on level of service
standards as they relate to water, sewer, drainage, traffic, parks and recreations
facilities, and open space. Based upon the above, a positive finding can be
made with respect to ConCurrency.
CONSISTENCY: Compliance with performance standards set forth in
Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional
Use request shall be the basis upon which a finding of overall consistency
is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies are noted.
SECTION 2.4.5{E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.$(E)(5) (Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered by the R-l-AA (Single Family Residential), RM
(Medium Density Residential) and MIC (Mixed Industrial and Commercial) zone
districts to the north; the R-l-AA and RM zone districts to the south; R-l-AA and
CF (Community Facilities) to the west; and, the GC (General Commercial) zone
district to the east. The existing land uses are: to the north, single family homes,
Planning and Zoning Board Staff Report
Communication Tower for Atlantic High School - Conditional Use Approval
Page 4
duplexes, and an industrial building; to the south, single family residences and
duplexes; to the west, single family residences and a vacant parcel of land which
is to be developed as a gymnasium/community center associated with the
school; and, to the east, across the F.E.C. Railroad and Dixie Highway is
commercial development.
Compatibility with the adjacent residences to the south and the visibility to the
east is a concern. While the tower is centrally located within the school site and
is set back approximately 275 feet from the south property line with landscaping
around its base, the structure is 150 feet tall and is not screened from the
adjacent single family structures to the south. The entire tower is visible from the
east as it is located adjacent to the football field and there are no structures or
vegetation at the east end of the property to obstruct the tower. The residences
to the north are located approximately 760 feet from the tower which is obscured
by the existing buildings and bleachers. Aisc, there are existing 60' high activity
field lights which help provide camouflage. As the tower is of the monopole
design, it is not as obtrusive as the self-support lattice or guy wire structures. If
the tower is approved, in order to mitigate visual impacts trees must be provided
every 25 feet along the east half of the south property line and every 30 feet
along the south half of the east property line. If the landscaping is installed, the
tower should not have a detrimental effect on nor hinder development of
surrounding properties.
At its meeting of February 4, 1997, the City Commission postponed action on the
conditional use request to install a 150' communication tower at the Plumosa
Elementary School site, approximately 1,100 feet south of the Atlantic 'High
School site. To minimize the proliferation of towers throughout the City, the
cellular providers have been encouraged to coordinate tower locations with one
another and co-locate their'equipment on the same structures. As the Atlantic
site is much larger than the Plumosa site, and the tower is already installed and
set back a minimum 275 feet with taller structures, vegetation and activity light
poles for visual screening, it is a more appropriate location for a monopole tower.
The carrier provider for the Plumosa site, Sprint, has been negotiating with the
carrier at the Atlantic site, PrimeCo, and has provided a written statement
indicating it would co-locate on the Atlantic High School tower, if conditional use
approval is granted for that tower.
Telecommunication technology is constantly improving, and the tower height
which is currently necessary to provide adequate coverage may be reduced or
the towers themselves may I~ecome obsolete. Therefore, any approval should
be conditioned on the applicant submitting a tower removal agreement which
states that all obsolete and unused communication towers shall be removed
within 12 months of cessation of use.
Planning and Zoning Board Staff Report
Communication Tower for Atlantic High School - Conditional Use Approval
Page 5
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The proposed use will be in compliance with the Land Development
Regulations. If the Conditional Use is approved, a site plan submittal
complying with the Land Development Regulations will be required. Along
with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the following "Technical Item" was identified.
Exceptions to District Height Limitations;
Within the CF (Community Facilities) zone district, the height limitation is 48 feet
[ref. LDR Section 4.3.4(K)]. Pursuant to LDR Section 4.3.4(J)(3)(a) (Free-
standing Features), the height limitation contained in LDR Section 4.3.4(K) shall
not apply to free-standing antennas, chimneys conveyors, cooling towers, flag
poles, radio towers, silos, or television towers. However, any part of any such
structure, or feature, shall not extend above the height of 64 feet unless
specifically approved by the City Commission.
The request for a 150 foot monopole tower requires specific approval by the City
Commission and will be acted upon in conjunction with the conditional use
approval.
Federal Aviation Administration
A letter has been provided .from the FAA stating that preliminary approval has
been granted for height and location of the proposed tower. If the conditional
use is approved, written verification must be provided by the FAA stating that
approval of the tower has been granted.
Tower Fixtures i.e. Microwave Dishes and Antennas
Elevations have been provided indicating the type of antenna for the proposed
user will be affixed to the tower which will extend 6' from the top. The elevations
should also indicate the type of antenna or dishes that will be utilized by future
carriers. Any antenna installed in the future should be similar to the antenna
currently proposed. Any proposals to install dishes should be processed as a
modification to the conditional use. VVith the site plan modification submittal,
elevations which indicate all fixtures that will be affixed to the tower must be
provided. The Board may want to consider, as a condition of approval, that any
proposal to add fixtures other than antennas (i.e. dishes) must be processed as
Planning and Zoning Board Staff Report
Communication Tower for Atlantic High School - Conditional Use Approval
Page 6
a modification to the conditional use, thus requiring review by the Planning and
Zoning Board.
Safety (Tower Failure/Collapse)
Information has been provided indicating that a monopole tower can be designed
to withstand a design wind speed of 120 mph with no failure. The tower is
engineered to buckle if it does fail, thus the entire tower would not "fall over". In
a worst case scenario (winds exceeding approximately 150 mph), the tower
would buckle at 115 feet in height (approximately the top one-fourth of the
tower). While the information references 150 mph as a worst case scenario, the
monopole towers did not fail in the case of Hurricanes Andrew and Hugo, whose
wind speeds exceeded the design wind speed.
Existing I'IV (Instructional Television.) Tower
With the review of other c°nditional use requests to install communication towers
on school sites, the proposals included removal of the school's existing I'IV
(Instructional Television) tower and attaching the lTV apparatus onto the
proposed cellular monopole tower.' The current proposal does not include
removal of the I'IV tower. The applicant has stated that the lTV criteria for
maximum distances from the receiving dish to a head end is 300 feet (preferred)
to 400 (most). The existing I'IV pole is located adjacent to the Media Center
(location of head) to meet the criteria. The new monopole was placed near the
athletic field area to be compatible with the existing light fixtures for athletic
events. The new 150' tower has lights to help illuminate a gathering area. The
tower's placement on the east side of the building is so the building acts as a
buffer for the base of the pole. Locating the lTV dish to the new monopole
exceeds the criteria for Iodation of the pole to the head end, therefore, the
existing lTV antenna and pole are to remain.
~:...~::.~i.~i~..~i~i~.~.~:~.~.~.i~i.:~;~.~.~.~.:~.~.~<~`"~ ......... ~- ..... :~.~.~? ..-.~< ........... ..~.~.~. .............................................. ~.:~ ~-~- ~.- ~...~..~
..... .,....,; .......................... , ....... .. ., .,.,., ....
The development proposal is not within a geographical area requiring review by
the DDA (Downtown Development Authority) or the HPB (Historic Preservation
Board).
Community Redevelopment Agency:
At its meeting of February ;13, 1997, the CRA reviewed and recommended
approval of the conditional use request.
Planning and Zoning Board Staff Report
Communication Tower for Atlantic High School - Conditional Use Approval
Page 7
Site Plan Modification:
If Conditional Use approval is granted, a non-impacting site plan modification
submittal will follow. The site plan must address concerns raised through the
conditional use petition.
Special Courtesy and Public Notices:
Cou .rtesy notices were provided to the following homeowner's associations and
civic organizations:
E:) Lake Ida Property Owners Association
E:I Seacrest Neighborhood Association
Formal public notice has been provided to property owners within a 500 ft. radius
of the subject property. A letter of objection (copy attached) was received on
February 19, 1997. Any additional letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
The proposal involves the retroactive approval of a 150' monopole
communication tower with associated equipment, and accommodations for future
carriers. The monopole towers are somewhat unobtrusive compared to the self-
supporting lattice and guy wire towers. In order to mitigate impacts on adjacent
properties, trees must be provided every 25 feet along the east half of the south
property line and every 30 feet along the south half °f'the south property line.
The carrier at the Plumosa site (Sprint) has stated that if approval is granted for
the Atlantic High School tower, it will co-locate on the Atlantic High School tower.
This will assist in the goal to eliminate the proliferation of cellular towers.
A. Continue with direction.
B. Recommend to the City Commission approval of the Conditional Use
request to establish a communication tower at Atlantic High School
based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
C. Recommend denial of the conditional use request to establish a
communication tower at Atlantic High School based upon a failure to
Planning and Zoning Board Staff Report
Communication Tower for Atlantic High School - Conditional Use Approval
Page 8
make positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan,
with the basis stated.
Recommend to the City Commission approval of the Conditional Use request to
establish a communication tower at Atlantic High School based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations,
and the policies of the Comprehensive Plan subject to the following conditions:
1. That the tower be a monopole structure no greater than 150 feet in height;
2. That trees be provided every 25' along the east half of the south property
line and every 30' along the south half of the east property line;
3. Submission of a non-impacting site plan modification application
addressing conditions of approval;
4. Verification from the F.A.A. (Federal Aviation Administration) that the
location and height of the tower is acceptable and must be provided with
the site plan submittal;
5. That any proposal to add microwave dishes be processed as a conditional
use modification; and,
6. That if the tower or antenna becomes obsolete, it shall be removed within
12 months of cessation of use. (The applicant shall submit an executed
removal agreement to ensure compliance with this requirement.)
Attachments:
[] Letter of Objection
I~ Access/Site Plan
[] Landscape Plan
[] Tower Elevations
Report prepared by: Jeff Costello, Senior Planner
FEB 19 '~99'~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 4, 1997
CONDITIONSL USE REQUEST/COMMUNICATION TOWER AT PLUMOSA
ELEMENTARY SCHOOL
DATE: FEBRUARY 28, 1997
This is a continuation of the quasi-judicial proceeding for the
conditional use request to allow the installation of a
communication tower at Plumosa Elementary School.
The matter was first before the Commission on December 3, 1996,
at which time it was postponed until February 4, 1997, so that
more research could be conducted. On February 4, 1997, the
proceeding was continued to the March 4th meeting so tha it could
be considered in concert with the conditional use request for the
communication tower at Atlantic High School.
Attached is a letter from Sprint PCS verifying that Sprint is
willing to co-locate with PrimeCo at the Atlantic High School
site assuming that conditional use request is approved. Please
note that Sprint is not the applicant for the Plumosa site and
does not have the authority to withdraw the application. That
decision is up to the School Board.
I recommend that the conditional use request for the
communication tower at Plumosa Elementary School be denied.
ref :agmemo8 ~ .
Fi-LE No. 946 02/!0 '97 16:16 ID:SPRINT STV 954 236 7105 PAGE 2
SPRINT PCS
861 N.W. 78th Avenue
Building 'q¥', 2'~ Floor
Plantation, Florida 333~
(9S4) 423-S200
February I O, 1997
Diane Dominguez
AICP Director of Planning & ~':ning
lDO N.W. I't Avenue
DcJre. y BLeach, Florida 33444
Sent via fax
0ax Nu rnb~r (56 l) 243-'/22 I
Re: Ptumr~sa Elementary / Atlaqtic l-ligh Schooh
Dear Mn. Dominguez:
In connectinn with the above mentioned reference and the letter sent to David T, [-l~den, City Manager on
December 18, 1996 (copy enclc)sed), pleas~ ac. ccpt this letter as verificatiml frnm ua tl~t if the Atlantic
High Schoo! site ia approved wc will m~ve from the proposed sit~ at Plurnoaa Elementary :md c~locate
with PrimeCo an the existing facility at Atlantic High. Further, Sprims offer to provide co-location at the
Atlzmtic site is clone in an ct'fort t~ reduce lhe proliferation of facilities wilh thc City limits
A~ tbr the application currently aubmitt~ ftlr approval on the Plumosa site, Sprint is not thc applicant and
therefore has no ability to withdrdural the petition. Sprint will co-locate at thc Atlantic .~le ~md agree that its
equipment will not bc used at the Plumosa location. It is further agreed that Sprints' cooperation moving its
equipn~nt to the Atlantic site, thc City will provide approval oY the site plan for Sprint through a Non
Impacting Site Plan Approval process concurrently with PrimeCo's and not require further public hearings
or deIay$,
Should you have any question, please du not he~';i~a~e ta contact rn~ at (954)423-5216,
Sin¢crcly.~
Elizabeth Rcga I - d
Property Manager
cc: F. Remald Maatriana
Richard Boeotia
15n¢loaurc
OF .NND Z~NING
SUBJECT: MEETING OF DECEMBER 3, 1996
CONSIDERATION OF A CONDITIONAL USE REQUEST TO INSTALL A
COMMUNICATION TOWER AT PLUMOSA ELEMENTARY SCHOOL.
LOCATED AT THE SOUTHEAST CORNER OF N.E. 2ND AVENUE
(SEACREST BOULEVARD) AND N.E. 19TH STREET.
The action requested of the City Commission is that of approval of a Conditional Use
request to establish a communication tower at Plumosa Elementary School, within the CF
(Community Facilities) zone district.
The subject property is located at the southeast corner of N.E. 2nd Avenue (Seacrest
Boulevard) and N.E. 19th Street.
The development proposal is to install a communication tower at the center of the
Plumosa Elementary School site for Sprint telecommunications and incorporates the
following:
· Installation of a 150 foot monopole communication tower with a 5' high antenna and
lighting rod at the top of the tower;
· Installation of the associated equipment room within the 40' X 30' (1,200 sq.ft.) leased
area located between the classrooms and the activity fields, with accommodations for
an equipment room for a future cellular provider;
· Removal of the existing 65' concrete monopole, which accommodates (he school's
communication dish, and relocation of the existing equipment to the new tower; and,
· Installation of an 8' high chain link along with associated landscaping around the
perimeter of the leased area.
City Commission Documentation
Meeting of December 3, 1996
Communication Tower at Plumosa Elementary School - Conditional Use Approval
Page 2
Additional background and an analysis of the request is found in the attached Planning
and Zoning Board staff report.
At its meeting of November 18, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was testimony both for and
against the proposal. The Board voted 3-2 (Schwartz and Carbone dissenting; Eliopoulos
and McCarthy absent) to recommend to the City Commission approval of the Conditional
Use request based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development
Regulations, and the policies of the Comprehensive Plan, subject to the following
conditions:
1. That the tower be a monopole structure no greater than 125 feet in height;
2. That trees be provided every 25' along the north, south and east property lines (east
half of the school site);
3. Submission of a non-impacting site plan modification application addressing conditions
of approval;
4. Verification from the F.A.^. (Federal Aviation Administration) that the location and
height of the tower is acceptable and must be provided with the site plan submittal;
5. That any proposal to add dishes or other similar types of fixtures, and microwave relay
dishes or other similar devices be processed as a conditional use modification;
6. That the trees be a minimum 16 feet in height at the time of planting, of Florida #1
Grade or better, and of a species that will have a mature height of at least 35'; and,
7. That the conditional use approval be limited to one tower at this location.
In addition, staff suggests the following condition of approval be included:
8. That all obsolete and unused communication towers shall be removed within 12
months of cessation of use. (The applicant shall submit an executed removal
agreement to ensure compliance with this requirement.)
Approve the conditional use request to establish a communication tower at Plumosa
Elementary School, based upon the findings and recommendation of the Planning and
Zoning Board along with the condition that any communication towers on the site that
become unused or obsolete be removed within 12 months of cessation of use.
Attachment: P & Z Staff Report and Documentation of November 18, 1996
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 18, '1996
AGENDA ITEM: IV.B.
ITEM: Conditional Use request to allow the installation of a 150' communication
tower at Plumosa Elementary School, located at the southeast corner of
Seacrest Boulevard (N.E. 2nd Avenue), north of N.E. 19th Street.
GENERAL DATA:
Owner. .................................... The School Board of Palm
Beach County
Applicant ................ ~ ................ Sprint Communications
Agent ...................................... Agustin A. Hernandez
Location .................................. Southeast corner of
Seacrest Boulevard (N.E.
2nd Avenue) and N.E.
19th Street.
Property Size .......................... 10.5 Acres (1,200 sq.ft.
lease area)
Future Land Use Map ............. Community Facilities -
School
Current Zoning ........................ CF (Community Facilities)
Adjacent Zoning ............ North: R-l-AA (Single Family
Residential)
East: RM (Medium Density
Residential) and CF
(Community Facilities)
South: R-l-AA
West: R-l-AA and CF
Existing Land Use .................. Existing public elementary
school with associated
playgrounds, parking
areas, and landscaping.
Proposed Land Use ................ Installation of a 150'
communication tower on
the east end of the
existing school.
Water Service ......................... N/A.
Sewer Service ........................ N/A. "
IV.B.
The action before the Board is that of making a recommendation to
the City Commission on a Conditional Use request and attendant
sketch plan to establish a communication tower at Plumosa
Elementary School, pursuant to Section 2.4.5(E).
The subject property is located at the southeast corner of N.E. 2nd
Avenue (Seacrest Boulevard) and N.E. 19th Street.
~:':c~cc:~`~!:!:;:!:!:!::~::::::::::::::::~c:::::::::~:::::::~:::::::~:::~c:~!~1~::~:::::~:~:~:~c:::::::::::::!:i:i:::::::::::::::::::::~:~:~:~'~;:;:~:~:'c~'~:'~:;:::::::::::::::::::::;~::!:::!:::::!~:~:+~'x~:!:::::::::~::;:!:::::::'~
The subject property is an unplatted property containing 10.5 acres of land. The
school was constructed in 1955. -
In 1995, a review of a site plan modification was conducted for Plumosa
Elementary School for the construction of new classroom buildings. The
associated improvements are currently under construction.
On February 8, 1996, the 104th Congress of the United States passed the
Telecommunications Act of 1996 (Public Law 104-104). The Act addresses
many topics including telecommunication services, broadcast services, cable
services, regulatory reform, and other miscellaneous provisions. Section 704 of
the Act addresses local government zoning of towers used for cellular, PCS
(Personal Communications Services) and OMR (Commercial Mobile Radio
Service) transmitters. When regulating the placement of towers, local
governments are prohibited from: 1) actions which discriminate between
providers of "functionally equivalent" services; 2) actions which have effect of
prohibiting the provision of wireless services; and 3) regulation of the placement
of towers based upon Radio Frequency (RF) emissions. Local governments
must act upon tower siting requests within a reasonable time and all denials
must be in writing.
State Statutes provide that schools may install communication towers for the
school's purposes, however, commercial .towers on school sites must obtain
local government approval, if applicable. Therefore, on October 4, 1996, a
conditional use request was submitted to construct a 150' communication tower
at the center of the Plumosa school site, and is now before the Board for action.
There are also two other tower locations which are before the Board for
consideration, each under separate petition.
The development proposal is to install a communication and transmission
facility/tower at the center of the Plumosa Elementary School site for Sprint
telecommunications and incorporates the following:
Planning and Zoning Board Staff Report
Communication Tower for Plumosa Elementary School - Conditional Use Approval
Page 2
Q Installation of a 150 foot monopole communication tower with a 5' high
antenna and lighting rod at the top of the tower;
I~ Installation of the associated equipment room within the 40' X 30' (1,200
sq.ft.) leased area located between the classrooms and the activity fields,
with accommodations for an equipment room for a future cellular provider;
Q Removal of the existing 65' concrete monopole, which accommodates the
school's communication dish, and relocation of the existing equipment to the
new tower; and,
I~1 Installation of an 8' high chain link along with associated landscaping around
the perimeter of the leased area.
I
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Requi~ed Findings) of the Land Development
Regulations, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the
following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the
zone district and the zoning district must be consistent with the land use
designation.
The subject property has a Future Land Use Map designation is Community
Facilities - School and is currently zoned CF (Community Facilities). The CF
zone district is consistent with the Community Facilities - School Future Land
Use Map designation. Within the CF zoning district, a communication tower is
allowed as a conditional use [ref. LDR Section 4.4.21(D)(5)]. Based upon the
above positive findings can be made with respect to consistency with the Future
Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
The proposed tower will be unmanned, and will not have any impacts on level of
serv;ce standards as they relate to water, sewer, drainage, traffic, parks and
recreations facilities, and open space. Based upon the above, a positive finding
can be made with respect to Concurrency.
Planning and Zoning Board Staff Report
Communication Tower for Plumosa Elementary School - Conditional Use Approval
Page 3
CONSISTENCY: Compliance with performance standards set forth in
Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional
Use request shall be the basis upon which a finding of overall consistency
is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies are noted.
SECTION 2.4.5{E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered by the R-l-AA (Single Family Residential) zone
district to the north and south; R-l-AA and CF (Community Facilities) to the west;
and, RM (Medium Density Residential) and CF zoning districts to the east. The
existing land uses are: to the north and south are single family residences; to the
west are single family residences and Delray Beach Primitive Baptist Church;
and, to the east are duplexes and a vacant parcel, which is a future location of a
City water storage tank.
Compatibility with the adjacent residences to the north, south and east is a
concern. While the proposed tower will be centrally located within the school site
and is set back a minimum 150 feet with landscaping provided around the base
of the tower/compound, the tower will be 150 feet tall and will not be screened
from the adjacent single family and duplex structures. As the tower will be of the
monopole design, it will not be as obtrusive as the self-support tri-pod or guy wire
towers. It was suggested that the height of the tower be reduced to minimize its
visual impact on the residential areas. Information was provided indicating that
decreasing the tower to 100' in height would also decrease the coverage/service
area of the tower, eliminate .the possibility of co-location of another cellular
carder, and lead to the installation of additional towers throughout the area,
which is not desired. If the tower is approved, in order to mitigate visual impacts
on the adjacent residences but maintain the ability to co-locate structures, the
pole should be reduced to 125', and trees provided every 25 feet along the east
half of the north and south property lines, and along the entire east property line.
Planning and Zoning Board Staff Report
Communication Tower for Plumosa Elementary School - Conditional Use Approval
Page 4
It is noted that at Atlantic High School, approximately 1,100 feet north of
Plumosa, a 150' monopole tower has been installed without first obtaining
conditional use approval. An application for conditional use approval was
submitted on November 6, 1996 and will be before the Board at its December
16th meeting.. While that pole is not approved and is not before the Board for
action, it should be taken into consideration as the Atlantic and Plumosa
locations are in close proximity to one another. As the Atlantic site is much
larger than the Plumosa site, and the tower is set back a minimum 275 feet with
taller structures, vegetation and activity light poles for visual screening, it may be
a more appropriate location for a monopole tower. To minimize the proliferation
of towers throughout the City, the cellular providers should coordinate tower
locations with one another and encourage co-location of equipment. The Board
may want to consider requiring the Plumosa carrier provider, Sprint, to co-locate
on the Atlantic High School tower, if conditional use approval is granted for that
tower.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS;
The proposed use will be in compliance with the Land Development
Regulations. If the Conditional Use is approved, a site plan submittal
complying with the Land Development Regulations will be required. Along
with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the following "Technical Item" was identified.
Exce.Dtions to District Height Limitations:
VYrthin the CF (Community Facilities) zone district, the height limitation is 48 feet
[ref. LDR Section 4.3.4(K)]. Pursuant to LDR Section 4.3.4(J)(3)(a) (Free-
standing Features), the height limitation contained in LDR Section 4.3.4(K) shall
not apply to free-standing antennas, chimneys conveyors, cooling towers, flag
poles, radio towers, silos, or television towers. However, any part of any such
structure, or feature, shall not extend above the height of 64 feet unless
specifically approved by the City Commission.
The request for a 150 foot monopole tower requires specific approval by the City
Commission and will be acted upon in conjunction with the conditional use
approval.
Federal Aviation Administration
A letter has been provided from the FAA stating that preliminary approval has
been granted for height and location of the proposed tower. If the conditional
Planning and Zoning Board Staff Report
Communication Tower for Plumosa Elementary School - Conditional Use Approval
Page 5
use is approved, written verification must be provided by the FAA stating that
approval of the tower has been granted.
Tower Fixtures i.e. Microwave Dishes and Antennas
Elevations have been provided indicating the type of antenna for the proposed
user will be affixed to the tower which will extend 6' from the top. The elevations
should also indicate the type of antenna or dishes that will be utilized by future
carriers. Any antenna installed in the future should be similar to the antenna
currently proposed. Any proposals to install dishes should be processed as a
modification to the conditional use.. With the site plan modification submittal,
elevations which indicate all fixtures that will be affixed to the tower must be
provided. The Board may want to consider limiting the number of fixtures that
can be located on the tower at this time and indicate, as a condition of approval,
that any proposal to add fixtures other than antennas (i.e. dishes) must be
processed as a modification to the conditional use, thus requiring review by the
Planning and Zoning Board.
Safety (Tower Failure/Collapse)
Information has been provided indicating that a monopole tower can be designed
to withstand a design wind speed of 120 mph with no failure. The tower is
engineered to buckle if it does fail, thus the entire tower would not "fall over". In
a worst case scenario (winds exceeding approximately 150 mph), the tower
would buckle at 115 feet in height (approximately the top one-fourth of the
tower). While the information references 150 mph as a worst case scenario, the
monopole towers did not fail in the case of Hurricanes Andrew and Hugo, whose
wind speeds exceeded the design wind speed.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .................... ii 'i* "'ii'" '~i~iii"'i::' .?..: ~:..:: . :.=: :~:~ ::i~..'
· .~ ~:~:~:+:.:~:~:~:~:-~x~:~:~:~:i::::~:!:~:i:::i:::::i:~:!~:i:i:i:~:~:~!:i:~::~ :~::~~~;:x~;::::::~:~;~:~:~:~:~;~:~:~:~;~:~::~::;:~:~:~ ;~ ~:~- ~
~,.-~?-..-:::., .......... ~. ............................................... ~:::.~ .................. E:*~.~:-~I.~E ............. S:.~:.::~ :.~:.H~:*~ ............. ,:;;7,;:':;?,,;;';::':';;:';':';:';":';";': ............ :';?'?'*';';:';'""""';7!
The development proposal is not within a geographical area requiring review by
the DDA (Downtown Development Authority) or the HPB (Historic Preservation
Board).
Community_ Redevelopment Agency:
At its meeting Of October 24, 1996, the CRA reviewed and had concerns with
the development proposal because of the proposed height, but did not make a
formal recommendation.
Site plan Modification:
If Conditional Use approval is granted, n non-impacting site plan modification
submittal will follow. The site plan must address concerns raised through the
conditional use petition.
Planning and Zoning Board Staff Report
Communication Tower for Plumosa Elementary School o Conditional Use Approval
Page 6
Special Courtesy,and Public Notices:
Courtesy notices were provided to the following homeowner's associations and
civic organizations:
El Lake Ida Property Owners Association
E) Seacrest Neighborhood Association
Formal public notice has been provided to property owners within a 500 ft. radius
of the subject property. Any letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
"~"" `~?~:~:~:~:~:~:::::::::::::::::::~::::::`::::~::::::~.:~::~:::::~::~:~:~::::~::~::~:~.~`~`:~:~:~:~:;:~:.~:~:`~:~`~:~:~::~:~2~:~:~:.~:~:~`~`~:~.~:~:~;~ ,.~f~.:.:....../..:,/.~,: .'r~:'.''.'':':':':'~:-'~ "~:.,.,,. ~,~ :,;..":"~.: '~_ ::'~.,.. :'-',...~...×- ~-,... :~. '~ ~.," ?g.: .' "~"~ ":'"' '?-".';"'"~.'.:~:"-:':.[~_ :~ ":~':"-;~'".. ~.~:~:':";'~:'"":':'P~:"'~';'"~i~:::>::!i~:::i:i§'~:~:'~'~!:',.. :...~. :~`~`~:`:`:~`~`~`:~A:~````~`:`:~:~`~`~;`~`~```~`~`~`~~:~``~:~ ~:.,..¢o:.:.:.:...::¢:~::~::~i::i:i:i~:~:~;:i:i:.~.:..,.::.:
The proposal calls for the installation of a 150' monopole tower with associated
equipment. The monopole towers are somewhat unobtrusive compared to the
self-supporting td-pod and guy wire towers. Ideally, the applicant should co-
locate onto the Atlantic High School tower. However, if the Board feels this
tower is appropriate, consideration should be given to reducing the tower height
to 125 feet with trees provided every 25 feet along the north, south and east
property lines of the school site, to mitigate any impacts on the adjacent
residences. As co-location of cellular providers is desired to eliminate the
proliferation of cellular towers, it is recommended that the applicant coordinate
with the carrier at the Atlantic High School site (PrimeCo), which currently has an
unapproved tower. If conditional use approval is granted for the Atlantic tower,
the Plumosa applicant, Sprint, should locate to the Atlantic High School site.
A. Continue with direction and concurrence, pending disposition of the
Atlantic High School conditional use request, in order to determine if co-
location of the providers onto that structure is possible.
B. Recommend to the City Commission approval of the Conditional Use
request to establish a communication tower at Plumosa Elementary
School based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to the following conditions:
1. That the tower be a monopole structure no greater than 125 feet in
height;
2. That trees be provided every 25' alonzo the north, south and east
property lines;
Planning and Zoning Board Staff Report
Communication Tower for Plumosa Elementary School - Conditional Use Approval
Page 7
3. Submission of a non-impacting site plan modification application
addressing conditions of approval;
4. Verification from the F.A.A. (Federal Aviation Administration) that
the location and height of the tower is acceptable and must be
provided with the site plan submittali and,
5. That any proposal to add dishes be processed as a conditional use
modification.
C. Recommend denial of the conditional use request to establish a
communication tower at Plumosa Elementary School based upon a
failure to make positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan,
with the basis stated.
Continue with direction and concurrence, pending disposition of the Atlantic High
School conditional use request, in order to determine if co-location of the
providers onto that structure is possible.
Attachment:
Q Access Plan
El Sketch Plan
El Landscape Plan
El Tower Elevations
Report prepared by: Jeff Costello. Senior Planner
T~LI~ NOF~TM
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~/~obert A. Barcinski, Assistant City Manager
DATE: February 27, 1997
SUBJECT: AGENDA ITEM CiTY COMMISSION MEETING MARCH 4, 1997
SPECIAL EVENT REQUEST - DELRAY AFFAIR
Action
City Commission is requested to consider a request from the Chamber of
Commerce to close Atlantic Avenue at Palm Square versus NE/SE 7th
Avenue and to split the additional costs 50/50 with the City.
Background
Staff has reviewed this request in terms of traffic control and safety. We
have determined that it is feasible and safe by utilizing additional police
officers and barricades. The estimated costs for additional police
overtime and barricades is about $2,800.00. I have some concerns in
terms of traffic impact by redirecting traffic on to Palm Square, but would
recommend that City commission approve this request as a one time trial
test. By allowing the closure at Palm Square an additional twenty-five (25)
booths can be added which will help alleviate the overwhelming
demand for space.
Recommendation
Approve the request to close Atlantic Avenue at Palm Square on a one
time trial basis and split the overtime and barricade costs for the Delray
Affair.
RAB:tas
File:u:sweeney/agenda
Doc:delrayaf.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: /['~CITY MANAGER
(A~,.~ REGULAR MEETING OF MARCH 4, 1997
SUBJECT: AGENDA ITEM # ~ -
PROPOSED STUDY FOR CONVERSION OF ONE-WAY PAIRS TO
TWO-WAY TRAFFIC
DATE: FEBRUARY 28, 1997
Attached is a memorandum from the Planning Director about
estimated costs for a study of the conversion of the downtown
one-way pairs to two-way traffic.
The Pineapple Grove Main Street Board has considered this matter
and is in favor of returning the pairs to two-way traffic. The
Joint Venture is in favor of proceeding with a study to be
considered along with other related downtown traffic issues.
At this point, I recommend moving forward with preparation of a
specific scope of services, including input from the Florida
Department of Transportation.
ref:agmemol4
:ommunity
levelopment
lency
Delray Beach
February 28, 1997 WAR 4
CIT',,' ~a~., '
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: NE/SE 1st Streets
Dear Dave:
At the CRA Board meeting of February 13, 1997, the Board unanimously approved supporting a
study be done by the City to change the one-way, by pass streets (NE/SE 1st Streets) back to two-
way as well as returning the traffic lights at NE/SE 1st Avenue and SE 3rd Avenue. Please refer
to item 7a. of the minutes of the Board's meeting of February 13, 1997 which are enclosed.
If you have any questions, please don't hesitate to call me.
Christopher J. Brown
Executive Director
Enclosure
cc: Tom Fleming, PGMS
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
MEMORANDUM
TO: David T. Harden
FROM: C. Danvers Beatty,
City Engineer
SUBJECT: RESPONSE TO COMMISSION INQUIRY
F.D.O.T. INVOLVEMENT IN ELIMINATING THE
ONE-WAY PAIRS NORTH AND SOUTH OF EAST
ATLANTIC AVENUE
DATE: March 3, 1997
I spoke with Gerry Church, the City Engineer at that time, Gerry's recollection was that
East Atlantic Avenue from Swinton to U.S. 1 was formerly dedicated to the City. The
one way pairs were never dedicated to the state because in order for the state to accept
them, they would have to be reconstructed per state standards. The City at that time felt
this would be a large impact on the businesses along the one way pairs, thus they remain
under City jurisdiction. This information was confirmed by Mr. Gus Schmidt, the
Director of Planning for F.D.O.T. District IV. Mr. Schmidt informed me that we would
not need F.D.O.T.'s approval to convert the one way pairs if we so desired. He is having
the records researched to confirm if there were or were not any restrictions placed on the
City regarding the one way pairs with respect to F.D.O.T. As soon as I receive this
information I will contact you. Please call if you have any questions.
CDB/gm
cc: File: Memos to City Manager
file: s/eng/eng/ltr/dan/harden/1 waypair, doc
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER ~
DIRECTOR OF PLANNING~ID ZONING
DATE: FEBRUARY 28, 1997
RE: TRAFFIC STUDY COSTS -- CONVERSION OF ONE-WAY PAIRS
TO TWO-WAY TRAFFIC
I have spoken with three traffic engineering/planning firms regarding the costs involved
in preparing a study of the conversion of the downtown one-way pairs to two-way traffic.
The estimates were given over the phone, without a written scope of services, so they
should not be considered to be final. They are intended as "ballpark" figures only. If
the Commission decides to go forward, we should prepare a specific scope of services,
probably with input by FDOT, and solicit formal bids.
· David Plummer & Associates: $7,000 - $10,000
· McMahon &Associates: $6,500
· Genesis Group: $6,700*
*Includes an analysis of capacities if "roundabouts" are installed at various intersections
P.O. Box 2758 Delray Beach, FL 33447
Delray Beach City Commission
The Lake Ida Property Owners Association supports a traffic study for NE and
SE First Streets. We are interested in any way that will improve our downtown
and make those merchants more accessible to our homeowners.
Association President
SEACREST HOMEOWNERS
ASSOCIATION
Delray Beach City Commission
Seacrest homeowners are cohcerned with traffic in our downtown area. Please
direct the city manager to proceed with a traffic study for NE and SE first streets.
Convenient access to the shops downtown is important to our residents.
Beth Hiede
Board of Directors
05-04-1997 12: O1PM FROM TO
WOODS OF 50.rIHRIDGE HO/v~OWNEP& ~T~ON
~ North Federot Highway, Boo~ Rc~ FL ,3,3,~7
'i
I~ay B~ch .C~Iry
City of Delray ~Beae. h :
100 N.W. 1~ .~,v~n~
city
~ y~ f~ ~~ ~ W~ of ~ge m vo~ ~ ~ on ~ ~. ,
:
. ' · ' '~ '
TOTAL P.O1
Name (PLEASE PRINT) " PHONE FAx
I
I Tue~.daV'. Mmh .4,1007-6:00 p.m. I I
_1 ~tvComml~mOnChsm#er~ I. I
I- I Oily bll, lO0 NW'l~tAvenue I '-
II I
II Thel~uo I
I I "Shouldthe cnv Manager conduct a studyand report onthe I
Impact of converting NE & SE 1st Streets back to 2-way
I I streetsr I
I I . Are you Interested In knowing more about the"l.way' palrP I
I I
I I ' Should the City study the Issue and report en the ImpactP
I I ' If you think this matter Is worth a leek.see_ I
I I _ call write or fax the Mayor and/or City Commission I
I [City Manager's Omce 243-7011 [plo or 243-7166 [fax]]
I I _ sign a petition available at"Neal Farms Marker', I
I 105 SE 1st Street; and "Teapots", 44 SE 2nd Avenue I
I I ATTEND THE CITY COMMISSION MEETING MARCH 4tll I
I I I
I L____ __ __ __ -- -- -- -- --
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 4, 1997
DRUG TASK FORCE LEGISLATIVE ISSUES
DATE: FEBRUARY 28, 1997
Mayor Alperin requested that this item be placed on the agenda.
Attached is information provided by him. There is a desperate
need for more detox beds in South Palm Beach County. The Drug
Task Force is asking for Commission support to help secure funding
for more beds.
He will explain more at the meeting.
ref:agmemoll
Drug Abuse Foundation of Palm Beach County, Inc.
SIEMENS-EVERT CAMPUS · 400 S. SWINTON AVE. · DELRAY BEACH · FL 33444 · 561/278-0000 ,732-0800 ° fax 561/276-8852
February 25, 1997 FEB ?_ 5 1997
CITY COMMISSION
Mayor Jay Alpern
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor Alpern:
Enclosed is the Delray Beach Drug Task Force: Treatment Goals flyer.
You may wish to accompany it with a cover letter when sending.
Respectfully,
Drug Abus,e F.~eundation of Palm Beach County, Inc.
Executive Directbr'& CEO
AT/km
Enclosure
DELRAY BEACH DRUG TASK FORCE: TREATMENT GOALS
· - This is an intensive outpatient treatment
program for those clients who require a restrictive form of treatment just
short of residential treatment. Clients receive at least 4 hours of a
structured therapy regimen for 4 consecutive days a week. A day-care
overlay is provided to assist women with providing a safe environment for
their children while they participate in treatment. A transportation overlay
is provided to get women to and from treatment, and to transport children
to and from day-care. A case management overlay is provided to assist
women with building social assets and assisting with other social service
needs for both them and their children.
' ' This is a level 2 residential treatment program.
The goal of this program is to provide a warm, supportive and safe
environment for women who have completed intensive residential
treatment but require support in their transition back to the community. A
day-care overlay is provided to assist women with providing a safe
environment for their children while they participate in treatment. A case
management overlay is provided to assist women with building social
assets and assisting with other social service needs for both them and
their children
· · This is an intensive outpatient treatment
program for those clients who require a restrictive form of treatment just
short of residential treatment. This program is providing an 'Alternative
School" environment. Adolescents receive both clinical and academic
services 5 days a week. A transportation overlay is provided to get
students to and from treatment. A case management overlay is provided
to track and assist students with following through with program
requirements.
QuI,~ This is a specialized outpatient program designed
to respond to the unique needs of children, adolescents and their
families. These specialized services are also provided as an overlay to
other community programs that work with troubled adolescents, such as
Boys and Girls Clubs, Mad Dads, etc.
DJ~t~L,.~D/~e~ This is an acute care program designed to assist
chemically dependent clients with safe detoxification from mood altering
substances through medical observation and medication therapy. This is
an 18 bed unit; 14 medical and 4 social.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~[~I
SUBJECT: AGENDA ITEM # ~F - REGULAR MEETING OF MARCH 4, 1997
RENEWAL OF AUDITING SERVICES AGREEMENT WITH ERNST AND
YOUNG LLP
DATE: FEBRUARY 28, 1997
Ernst and Young LLP has presented us with a renewal agreement for
auditing services to be conducted by their firm for the fiscal
years ending September 30, 1998, 1999 and 2000.
As you can see from the figures shown, the proposed fees reflect
the following percentage increases from the proposed fees for the
fiscal year ending September 30, 1997 ($80,250):
Fiscal Year Ending Fee Percentage September 30 Amount Increase
1997' 80,250
1998 84,000 4.7%
1999 87,000 3.6%
2000 87,000 0.0%
*Current contract
We have appreciated the professional expertise, expedient service
and dedication of the Ernst and Young team and look forward to a
continuing relationship with the personnel of this audit staff.
I recommend that the City Commission approve the terms and
conditions as outlined in the renewal agreement.
ref:agmemol2
[IT¥ I]F DELRII¥ BEggH
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
1993
TO: Barbara Garito, Deputy City Clerk
FROM: David N. Tolces, Assistant City Attor~~
SUBJECT: Agreement with Ernst & Young
Attached is a copy of the above-referenced agreemem which has been approved for form
and legal sufficiency by our office.
Should you have any questions, please call.
DNT:smk
Attachment
'SENT ~Y;Xerox Telecopier ?020 ; 2-28-9? ;i0:23AM ; 4078384178~ 407 2?8 4?55;# 2
PhilJlps Point, West Towe~ Fax', $61 838 4191
Su~ 1200
777 South Flagler Drive
West Palm 8eaoh~ Florida 33401
February 28, 1997
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1't Avenue
Delray Beach, Florida 33444
Dear Mt. H~den:
This will confum our engagement to audit and report on the general purpose fmandal statemeats
of the City of Dekay Beach (the City) for the years ending September 30, 1998, September 30,
1999 and September 30, 2000.
Should conditions not now anticipated preclude us from completin~ our audit and issuin~ a report
as contemplated by the precedin/para/raph, we will advise you promptly and take such action as
we deem appropriate.
Audit Responsibilities and Limitatiom
As you are aware, there are inherent t~mltation~ in the audit process, including, for example,
select/ye tesdn~ and the possibility that collusion or forsery may preclude the detection of
material errors, irregularities and illegal acts.
As part of our audit, we will con~ider, solely for the purpose of determi~inl the nature~ timi~t,
and extent of our audit procedures, the City'g inta~nal control structure over fir~cid reporting
This considerat/on will not be suffldent to eneble us to r~der a geparate opinion on the
effectivenes~ of the internal control ~tructure over ~nancial report/ns in accordance with
Government Auditing Standards.
We will determine that the appropriate members of management are informed of irregularities and
illegal acts, unless they are dearly inconsequential, of which we become aware. In addition, we
will inform the appropriate members of management of significant audit adjustments and of
reportabl~ conditions. We also may communicate opportudfiea we observe for economies in or
improved control~ over the City'~ operations.
Management's Responsibilities and Representations
The general gurpo~= financial statements are the respoadbility of the management of the City,
which is also raapoaaible for maintaining an effe~ive internal control struature, for properly
Ernst & Young LLP is a member of Ernst &Yaung Inmrnational, L~d.
SSNT ~:Xerox Tele¢o~ier 7020 ; 2-2'8-97 ;iO:24AM ; ~078384178- dO7 278 4755;# 3
ERNST& YOUNG LLP ?~e 2
Mr. David T. Harden Febru~ 25, 199'/
recording tr,-~actions in the accounting records, for safeguarding assets and for ~e overall fair
presentation of the consolidated f]r~ancial statements.
As required by generally accepted auditing standards, we will make specific inquiries of
management about the representations contained in the financial statements and the efl'cctivencss
of the internal control structure over financial reporting. Generally accepted auditing standards
also require that we obtain representation letters from certain members ofm. nsgement about
these mat~ers. The responses to those inquiries, the written representations and the results of our
audit tests comprise the evidential mat~er we will rely upon in fomling ail opinion on the financial
statements, We expect management to provide us with complete, accurate and timely information,
and its failure to do so may cause us to delay our report, modif~ our procedures or even tc.rminatc
our engagement.
Fees and Billin[gs
We estimate that our total fees, by fiscal year, for audit services will be as follows:
Funds Other Total
September 30, 1998 $66,000 $18,000 $g4,000
$~teanbcr 30, 1999 68,000 19,000 87,000
September 30, 2000 68,000 19,000 8'/,000
Billings will be ~e money accor~g to work completed ~d ~e due upon r~eipt. See
B~bit A for ~ ~o~6on of~e above es~t~ tot~ f~s, by fisc~ y~, to ~d types.
Profes~o~ acm~ s~ccs for ~e CiW's seM-~cd g~er~ Bab~W pl~ ~ be ~eed upon
under s~ate Icucr.
O~ es~ted f~s ~d sch~ule ofpe~o~ce
preh~ r~i~ of~e Ci~'s records ~d ~e repres~ta2om Ci~ p~so~ Mve rode to us
~d ~e dependent upon ~c Ci~'s p~so~el pro~d~ audit schedules ~d ~e 1~ of assist~ce
des~bed ~ o~ chant m~cc package, Sh~d ~ as~mp~o~ wi~ respe~ to ~ese ~ers
be inc~t or ~o~d ~ oon~fion of~c rc~ords, dc~cc of coop~a~on or o~ ma~s
b~ond our reasonable consol rede ad~ond ~m~tm~ by us b~ond ~ose upon wMch
our es~at~ fees ~e b~ed, we may adjust ow fees ~d pl~ed comple~on dates. In ad~fion,
fees for ~y spedd au~t r~at~ proje~s, m~ ~ ~t ~ts or res~ch ~or co~ta~on on
sped~ bus.ess or ~ci~ isles, ~ be bffi~ sep~at~y ~om ~e auffit fee r~e~ed to above
~d my be ~e ~bje~ ofwfi~ ~g~ts ~ppl~ent~
In ~= event we ~ rcque~ed or auto.cd by ~c Ci~ or ~e re~ked by gove~m~t re~a~on,
subpo~a or o~er leg~ process to pro.ce our docents or
respect to o~ ~cmc~s for ~e CiW. ~e CiW ~11,
02/28/97 FRI 10:19 [TX/RX NO 7849]
CENT'BY:Xerox Telecop[er r/020 ;
~ ERNST& YOUNG LLP P~ge 3
~. Dasd T. H~den Febm~ 2B, 1997
proce~g ~ w~ ~ ~o~afion
exp~e% as w~H ~ the fees ~d
~ ~ese ~gemen~ ge ~c~p~ble, ple~e ~i~ one copy of ~ Icflg ~d r,mm it to u~.
~you ~ve ~y question, pl~e c~ me et ~61-~38.4120.
Ve~ ~y y~s,
P~ C. Br~m~
PCB:~mm
Ci~ of Deir. y Beach,
By:
~, Dasd T, ~d~ CiU M~ier
02/28/97 FEI 10:19 [TX/RX NO 7849]
'SENT ~¥:Xerox Tele¢op[er 7020 ; 2-28-9? ;10:25AM ; 4078384178~ 40? 2?8 4755;# 5
City of Delray Beach
Exhibit A
Fee Allocation, By Fund Type
September 30
1998 1999 2000
l:unds: .
Gene~ F~nd (including g~ ~
asses ~d g~er~ lo~-~ debt
~oup of accounts) $22000 $23000 $23000
Debt S~ F~d 2,000 2,000 1,000
Sped~ r~enue bads 3,000 3,000 3,000
Capi~ proje~ hnda 3,000 3,000 3,0oo
Entc~fise ~ds 23,000 24,000 24,000
~tem~ se~ces ~fls 4,000 4,000
Trust ~fl ~ ~fls 5,000 5,000 5,000
Compo~t units 4~000 4~000 4r000
6~,000 68,000 6~,000
O~er:
Co~e ~ ~e S~e Aunt Act 14,000 15,000 15,000
Co~~ wi~ ~e ~es of~e
Au~tor ~ 4~000 4~000 4~000
18~000 19~000 19~000
Tot~ $84~000 $87~000 $87,000
02/28/97 FRI 10:19 [TX/RX NO 7849]
Agenda Item No.:
AGENDA REQUEST
Date: 02-26-97
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 03-04-97
Description of agenda item (who, what, where, how much):
Renewal of three-year auditinK services aKreement with Ernst and YounK (for fiscal
years endin~ Septgmber 30~ 1998, .~.999 and 2000).
ORDINA~4CE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES~
Recommendation: City Manager and Director of Finance recommend a. pproval.
Determination of Consistency wi~~prehenSiVe P~an: ~/~ ~"-~"~'-
n/a
City Attorney Review/ Recommendation (if applicable):
n/a
Budget Director Review (required on all items involving expenditure
of funds ):
Funding available: IYE~/ NO
Funding alternative~ (if applicable)
Account No. '& Description: '~-.i~' ~/~_~>~~.~
Account Balance: ?r~(~ ,~Lf~//~,3~%. ~
City Manager Review:
Approved for agenda: ~/ NO ~,~
Hold Until:
Agenda Coordinator Review:
Received:
Ac t ion: Approved/DJ s approved
MEMORANDUM
TO: David T. Harden
City Manage~r~
FROM: Joseph ~r~
Director of Fina~
SUBJECT: Renewal of Three-Year Auditing Services Agreement with Ernst and Young LLP
DATE: February 26, 1997
Ernst and Young LLP has presented us with a renewal agreement for auditing services to be
conducted by their firm for the fiscal years ending September 30, 1998, 1999 and 2000.
As you can see from the figures shown, the proposed fees reflect the following percentage
increases from the proposed fees for the fiscal year ending September 30, 1997 ($80,250):
Fiscal Year Ending Percentage
September 30, Increase
1998 4.67%
1999 8.41%
2000 8.41%
We have appreciated the professional expertise, expedient service and dedication of the Ernst
and Young team and look forward to a continuing relationship with the personnel of this audit staff.
I recommend that the City Commission approve the terms and conditions as outlined in the
renewal agreement.
I have included two copies of the renewal agreement for signature, if the agreement meets with
City Commission approval.
/sam
Attachments
ERNST& YOUNG LLP . Certified Public Accountants · ?,~ne: 56! 6~ ~0~
Phillips Point, West Tower Fax: 561 838 4191
Suite 1200
777 South Flagler Drive
West Palm Beach, Florida 33401
February 13, 1997
Mr. David T. Harden, City Manager [~l?~r '~'~l]~'' ~__.
City of Delray Beach ' ~'~ .~J~,:
100 N.W. lst Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
This will confirm our engagement to audit and report on the general purpose financial statements
of the City of Delray Beach (the City) for the years ending September 30, 1998, September 30,
1999 and September 30, 2000.
Should conditions not now anticipated preclude us from completing our audit and issuing a report
as contemplated by the preceding paragraph, we will advise you promptly and take such action as
we deem appropriate.
Audit Responsibilities and Limitations
As you are aware, there are inherent limitations in the audit process, including, for example,
selective testing and the possibility that collusion or forgery may preclude the detection of
material errors, irregularities and illegal acts.
As part of our audit, we will consider, solely for the purpose of determining the nature, timing,
and extent of our audit procedures, the City's internal control structure over financial reporting.
This consideration will not be sufficient to enable us to render a separate opinion on the
effectiveness of the internal control structure over financial reporting in accordance with
Government Auditing Standards.
We will determine that the appropriate members of management are informed of irregularities and
illegal acts, unless they are clearly inconsequential, of which we become aware. In addition, we
will inform the appropriate members of management of significant audit adjustments and of
reportable conditions. We also may communicate opportunities we observe for economies in or
improved controls over the City's operations.
Management's Responsibilities and Representations
The general purpose financial statements are the responsibility of the management of the City,
which is also responsible for maintaining an effective internal control structure, for properly
Ernst &Young LLP is a member of Ernst &Young International, Ltd.
ERNST& YOUNG tiP Page 2
Mr. David T. Harden February 13, 1997
recording transactions in the accounting records, for safeguarding assets and for the overall fair
presentation of the consolidated financial statements.
As required by generally accepted auditing standards, we will make specific inquiries of
management about the representations contained in the financial statements and the effectiveness
of the internal control structure over financial reporting. Generally accepted auditing standards
also require that we obtain representation letters from certain members of management about
these matters. The responses to those inquiries, the written representations and the results of our
audit tests comprise the evidential matter we will rely upon in forming an opinion on the financial
statements. We expect management to provide us with complete, accurate and timely information,
and its failure to do so may cause us to delay our report, modify our procedures or even terminate
our engagement.
Fees and Billings
We estimate that our total fees, by fiscal year, for audit services will be as follows:
Funds Other Total
September 30, 1998 $66,000 $18,000 $84,000
September 30, 1999 68,000 19,000 87,000
September 30, 2000 68,000 19,000 87,000
Billings will be made monthly according to work completed and are due upon receipt. See
Exhibit B for an allocation of the above estimated total fees, by fiscal year, to Fund types.
Professional actuarial services for the City's self-insured general liability plan will be agreed upon
under separate letter.
Our estimated fees and schedule of performance are based upon, among other things, our
preliminary review of the City's records and the representations City personnel have made to us
and are dependent upon the City's personnel providing audit schedules and the level of assistance
described in our client assistance package. Should our assumptions with respect to these matters
be incorrect or should the condition of the records, degree of cooperation or other matters
beyond our reasonable control require additional commitments by us beyond those upon which
our estimated fees are based, we may adjust our fees and planned completion dates. In addition,
fees for any special audit related projects, such as grant audits or research and/or consultation on
special business or financial issues, will be billed separately from the audit fee referred to above
and may be the subject of written arrangements supplemental to those in this letter.
In the event we are requested or authorized by the City or are required by government regulation,
subpoena or other legal process to produce our documents or our personnel as witnesses with
respect to our engagements for the City, the City will, so long as we are not a party to the
ERNST& YOUNG LLP Page 3
Mr. David T. Harden February 13, 199'7
proceeding in which the information is sought, reimburse us for our professional time and
expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests.
Other Matters
Any controversy or claim arising out of or relating to the services covered by this letter or
hereafter provided by us to the City (including any such matter involving any parent, subsidiary,
affiliate, successor in interest, or agent of the City or of Ernst & Young LLP) shall be submitted
first to voluntary mediation, and if mediation is not successful, then to binding arbitration, in
accordance with the dispute resolution procedures set forth in the attachment to this letter.
Judgment on any arbitration award may be entered in any court having proper jurisdiction.
If any portion of this letter is held to be void, invalid or otherwise unenforceable, in whole or part,
the remaining portions of this letter shall remain in effect.
Pursuant to our agreement as reflected in this letter, we will audit and report on the financial
statements of the City for each of its subsequent fiscal years until either the City or we terminate
this agreement.
If these arrangements are acceptable, please sign one copy of this letter and return it to us.
If you have any questions, please call me at 561-838-4120.
Very truly yours,
Paul C. Bremer
Managing Partner
PCB:nmm
Enclosures
City of Delray Beach, Florida
By:
Mr. David T. Harden, City Manager
Date:
City of Delray Beach
Exhibit A
Dispute Resolution Procedures
The following procedures shall be used to resolve any controversy or claim ("dispute") as
provided in our engagement letter of February 13, 1997. If any of these provisions are determined
to be invalid or unenforceable, the remaining provisions shall remain in effect and binding on the
parties to the fullest extent permitted by law.
Mediation
A dispute shall be submitted to mediation by written notice to the other party or parties. In the
mediation process, the parties will try to resolve their differences voluntarily with the aid of an
impartial mediator, who will attempt to facilitate negotiations. The mediator will be selected by
agreement of the parties. If the parties cannot agree on a mediator, a mediator shall be designated
by the American Arbitration Association ("AAA") or lAMS/Endispute at the request of a party.
Any mediator or so designated must be acceptable to all parties.
The mediation will be conducted as specified by the mediator and agreed upon by the parties. The
parties agree to discuss their differences in good faith and to attempt, with the assistance of the
mediator, to reach an amicable resolution of the dispute.
The mediation will be treated as a settlement discussion and, therefore, will be confidential. The
mediator may not testify for either party in any later proceeding relating to the dispute. No
recording or transcript shall be made of the mediation proceedings.
Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be
shared equally by the parties.
Arbitration
If a dispute has not been resolved within 90 days aRer the written notice beginning the mediation
process (or a longer period, if the parties agree to extend the mediation), the mediation shall
terminate and the dispute will be settled by arbitration. The arbitration will be conducted in
accordance with the procedures in this document and the Arbitration Rules for Professional
Accounting and Related Services Disputes of the AAA as in effect on the date of the engagement
letter ("AAA Rules"). In the event of a conflict, the provisions of this document will control.
The arbitration will be conducted before a panel of three arbitrators, regardless of the size of the
dispute, to be selected as provided in the AAA Rules. Any issue concerning the extent to which
any dispute is subject to arbitration, or concerning the applicability, interpretation, or
enforceability of these procedures, including any contention that all or part of these procedures
are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the
arbitrators. No potential arbitrator may serve on the panel unless he or she has agreed in writing
to abide and be bound by these procedures.
The arbitrators may not award non-monetary or equitable relief' of any sort. They shall have no
power to award punitive damages or any other damages not measured by the prevailing party's
actual damages, and the parties expressly waive their right to obtain such damages in arbitration
or in any other forum. In no event, even if any other portion of these provisions is held to be
invalid or unenforceable, shall the arbitrators have power to make an award or impose a remedy
that could not be made or imposed by a court deciding the matter in the same jurisdiction.
No discovery will be permitted in connection with the arbitration unless it is expressly authorized
by the arbitration panel upon a showing of substantial need by the party seeking discovery.
All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators
may disclose the existence, content or results of the arbitration, except as necessary to comply
with legal or regulatory requirements. Before making any such disclosure, a party shall give
written notice to all parties and shall afford such parties a reasonable opportunity to protect their
interests.
The results of the arbitration will be binding on the parties, and judgment on the arbitrators'
award may be entered in any court having jurisdiction.
City of Delray Beach
Exhibit B
Fee Allocation, By Fund Type
September 30
1998 1999 2000
Funds:
General Fund (including general fixed
assets and general long-term debt
group of accoums) $22000 $23000 $23000
Debt Service Fund 2,000 2,000 2,000
Special revenue funds 3,000 3,000 3,000
Capital projects funds 3,000 3,000 3,000
Enterprise funds 23,000 24,000 24,000
Internal services funds 4,000 4,000 4,000
Trust and agency funds 5,000 5,000 5,000
Component units 4,000 4,000 4,000
66,000 68,000 68,000
Other:
Compliance with the Single Audit Act 14,000 15,000 15,000
Compliance with the Rules of the
Auditor General 4,000 4,000 4,000
18,000 19,000 19,000
Total ,, $84,000 $87,000 $87,000
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~G- REGULAR MEETING OF MARCH 4, 1997
AMENDMENT TO LETTER AGREEMENT/SEA TURTLE CONSERVATION
PROGRAM
DATE: FEBRUARY 28, 1997
In June, 1994, the City Commission approved a renewal of our
letter agreement with Dr. John Fletemeyer for the sea turtle
conservation project. The agreement was for four (4) years
through 1998 at an annual cost of $9,844.20. The normal start
date for the sea turtle monitoring had been mid-April. However,
the City has now been instructed by the Florida Department of
Environmental Protection to begin monitoring by March 1st, or
cease our beach cleaning operation.
Dr. Fletemeyer has indicated his willingness to amend our
agreement with him to include the additional six weeks of
monitoring in 1997 at a cost of $3,600.00. In addition, he is
proposing to extend the agreement through the year 2000, expand
the monitoring to begin on March 1st each year, and increase the
annual contract amount to $13,444.20.
Funding is available from the Beach Restoration Fund
(#332-4164-572-34.90) and is partially reimbursable from state and
federal sources.
Recommend approval of the amendments to the letter agreement with
Dr. John Fletemeyer for the sea turtle conservation program.
ref:agmemo9
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: David Harden, City Manager ....
FROM: ,John Walker, Project Coordina
D^TF: February 25, 1997
SUBJI=CT: SEA TURTLE MONITORING / BEACH CLEANING
This is a request for you to authorize Dr. John Fletemeyer to begin monitoring for
sea turtle nesting activity, beginning March 1st. The cost for the work, ending
April 14th, will be $3,600.00. This pre-season monitoring, as described in my
memo of February 20th, is required by the Florida Department of Environmental
Protection in order to continue the beach cleaning operation.
We have not yet issued a purchase order to Dr. Fletemeyer for the regular 1997
Sea Turtle Conservation Program. As you know, the contract for this program
was authorized by the City Commission on June 29, 1994, for four years
(through 1998) at an annual cost of $9844.20. Therefore, I am not sure whether
this new work is a change order or a separate contract. At this point, due to the
time constraints, I would prefer that it be handled as a separate item.
I would like to address the other requests in Dr. Fletemeyer's proposal
separately. These would amount to change orders to extend the contract
through the year 2000, expand the monitoring to begin on March 1st each year,
and increase the annual contract amount to $13,444.20.
Funds for both the pre-season work in 1997 and the increased cost for the
following years are available in the Beach Restoration Fund, and are partially
reimbursable from state and federal sources.
Please confirm your approval as soon as possible, so I can verbally authorize Dr.
Fletemeyer to begin work.
c: Joe Weldon
Diane Dominguez
S:\adv\beach\turtle7
Aquatic Research, Conservation, and Safety
J 331 Ponce de Leon Drive
Fort Lauderdale Florida 33316
(305) 764-6149
April 20, 1997
Mr.
Planning and Zoning Dept.
City of Delray Beach
100 N.W. 1st Ave.
Deiray Beach, Florida 33444
Re: Commencement of Sea Turtle Monitoring on March 1, 1997
Dear John,
I am responding to your request to change the traditional April
14th start date of the Delray Beach sea turtle monitoring program
to March 1, 1997.
To allow for the additional six weeks of monitoring, I would like
to request a change in my monitoring contract to include an
additional $3,600.00 in monitoring fees. This added amount will
cover hiring an additional assistant for six weeks, contractual
insurance to cover this additional period, expanded cellular
phone coverage, gas, vehicle use, an additional interim report and
a number of miscellaneous expenses.
Also as a condition of changing my permit to allow for an
earlier start date, I would like my sea turtle monitoring contract
with Delray Beach to be expanded to include the next four seasons;
from 1997, 1998, 1999, and 2000. This is request is being made
in order to schedule purchasing a new vehicle, retaining the
most skilled, knowledge and reliable assistants possible, and to
schedule the purChaD~ of some new computer software over a four
year period. ~
Please note that I would like to go officially on the record to
state that moving the sea turtle monitoring season up six weeks
in my opinion is a waste of time and tax payer's money. A review
of my data that I have collected over the past ten years on Delray
beach reveals that nesting with a few rare exceptions does not
begin until mid to late April.
Please respond to my letter at your earliest convenience so that
I can have time to mobilize.
~R. F~ 'FEB 24 17!
PLANNING & ZONING
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: David T. Harden, City Manager
FROM: John Walker, Project Coordinalor~,
DATE: February 20, 1997
SUBJECT: Beach Cleaning / Sea Turtle Monitoring
The City has been instructed by the Florida Department of Environmental
Protection (FDEP) to begin sea turtle monitoring by March 1st, instead of our
normal April 15th start date, or cease the beach cleaning operation. The source
of this requirement is a condition of the Universal Beach Cleaning Service's
beach cleaning permit. I have asked our sea turtle monitoring contractor, Dr.
John Fletemeyer, to give us a proposal for the additional six week's work. The
remainder of this memo is a description of the events that brought us to this time
crunch.
In February of 1996, we were made aware by FDEP, of the existence of the
permit condition. After discussions with the Division of Marine Resources, and
intervention by the Assistant Secretary of FDEP, we were able to put together an
interim solution. Three City lifeguards were added to Dr. Fletemeyer's permit,
and monitored the beach on overtime until Dr. Fletemeyer started monitoring on
April 14th. Dr. Fletemeyer provided training and back-up to the lifeguards, and
an additional monitoring day, on a voluntary basis.
Between nesting seasons, we devised a program that could serve as a long term
solution. It was to modify the beach cleaning permit to allow John Peart to
monitor for sea turtles in advance of each day's beach cleaning between March
1st and April 15th. Any suspected sea turtle activity would be marked and
reported. Again, Dr. Fletemeyer volunteered to investigate and verify any
suspected activity. Both contractors would perform the additional work at no
additional cost.
The proposal was discussed with FDEP permit staff in late November and, after
indications that it looked reasonable, we formally submitted the proposal on
December 1 t, 1996. A number of calls were made in January to follow up on the
status of our request, during which we were told the permit staff was discussing
the request with the Division of Marine Resources.
TO: David T. Harden
RE: Beach Cleaning / Sea Turtle Monitoring
Page 2
On February 11, 1997, two months after our request, I received a call from
Division of Marine Resources staff stating that a letter was being written denying
our request. On February 12th, I received a follow up call from Department staff
to discuss the issue. During this conversation I was told that the problem with
the proposal was that the beach cleaning contractor does not hold a permit to
monitor for sea turtles. I then sought, and received, confirmation from both our
sea turtle and beach cleaning contractors that the beach cleaner would be added
to the sea turtle contractor's permit. When I called back to report this resolution
later in the day, I was told that it was still unacceptable because the Department
considers it a conflict of interest for beach cleaners to monitor for sea turtle
activity on beaches they clean.
On February 11th, I placed a call to Kirby Green, the Assistant Secretary of
FDEP, to again request intervention. I was able to discuss the matter with Mr.
Green on February 14th. Mr. Green told me he would meet with all parties
involved and try to reach a resolution.
Starting on February 11th, I met with Joe Weldon to keep him appraised of the
situation. Mr. Weldon did not want to use City staff again for monitoring, and
suggested we prepare a fall-back plan to have Dr. Fletemeyer do the pre-season
monitoring as a change order to his contract. Therefore, I instructed Dr.
Fletemeyer to begin working on a proposal in case we needed it.
On February 18th, I received a call from Robbin Trindell, Division of Marine
Resources, stating that the final decision from Kirby Green is that sea turtle
monitoring must begin on March 1st. The monitor must have a permit or be
included on a permit, and may not be an employee of the beach cleaner. Having
no other avenues to pursue, I asked Dr. Fletemeyer to submit a proposal for the
additional monitoring, The additional cost will probably be about $3,000. As
soon as the proposal is received, I will request your approval to authorize the
monitoring to begin.
c: John Fletemeyer
John Peart
Joe Weldon
Diane Dominguez
S:\adv\beach\turtle6
JAN-04-'00 ~ED 05:52 ]D: TEL NO: l~004 PO1
Department of
Environmental Protection
lelarjory Stonem~n Dou~l&~
L~wl~an Chiles 3~:X) Commonwealth Boulevard VIrsInla B. Wetherell
Governor Tallahassee, Florida J2,3~-3000 ~cret. ary
F~brual7 Ig, 199'7
~'. ~oh~ Walker
I00 N.W. I'~ Avonue
Penni No. 006207
Beach Cleaning in De, lray
m~ ~ ~ ~. G~ ~e ~n 6~ ~ ~om ~ ~ ~ ~ ~ 1, 1997,
~ ~ ~ n~ to i~ ~y ~ ~i ~anfig Mlutiom ~ e~ ~ Ci~ m ~nfin~ to
~u ~r ~ ~,
Pl~ ~nM ~ for a~ ~
~n~ ~ ~ ~d f~ I~ ~r ~
S~y,
~ N. Tfin~L Ph.D.
Bio~g~ Ad~r
~; D. ~o~
~. Mo~ ~ -
W. WiSpa
'TrotecL Conserve and Manage Florida's £neironme~t and Natural Resources"
Department of
Environmental Protection
Marjory Stoneman Douglas Building
Lawton Chiles 3900 Commonwealth Boulevard Virginia B. Wethere{I
Governor Tallahassee, Florida 32399-3000 Secretary
February 13, 1997
Mr. John Walker
City of Delray Beach
100 N.W. l't Avenue
Delray Beach, FL 33444
Dear Mr. Walker:
RE: Permit No. 006207
Beach Cleaning in Delray Beach
I have reviewed your December 11, 1996, request to initiate beach cleaning during marine turtle
nesting season without nesting surveys as required by your permit. By copy of this letter, I am advising the
Bureau of Beaches and Coastal Systems that I cannot recommend favorably on your request.
The Department worked with City staff during the 1996 nesting season to resolve a similar
situation expeditiously. Prior to 1996, Department staff worked on this issue every nesting season for the
preceding three or four years. The solution recommended each time required the City either to enlist a
marine turtle permit holder to conduct the surveys or to have a county employee who is not directly
involved with the beach cleaning listed on a marine turtle permit. The latter solution was implemented in
1996. We do not believe it is appropriate for an employee of the beach cleaning operation to be listed on
the marine turtle permit due to potential conflict of interest between a construction activity and marine
turtle protection.
We understand that time is a consideration in this matter. Bureau of Protected Species staff will
process any amendments or changes to add qualified personnel to existing permits as quickly as possible
at the permit holder's request. No such action will be necessary ffan e. xisting marine turtle permit holder
conducts the nesting surveys.
Please contact me for any assistance I can provide in resolving these issues. Hopefully we can
reach a resolution that enables the City to continue its beach cleaning activities and fulfills all
requirements of state and federal laws for marine turtle protection, and it will no longer be necessary to
readdress these issues every nesting season. .:
Sincerely,
Robbin N. Trindell, Ph.D.
Biological Administrator
Bureau of Protected Species Management
cc: D. Arnold ~)~T-'~(~ ~ ~_l ~'~
B. Morford
G. Chalecki
R. Taylor f~.~ ~ 8 1997
W. Wilkinson
PLANNING & ZONING
"Protect, Conserve and/Vlanage Florida's Environment and Natural Resources"
Printed on recycled paper,
[ITY OF DELHI:IV BEI:i[H
~December 100 N.W. 1 st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1
1,
1
996
® Bureau of Beaches and Coastal Systems
Florida Department of Environmental Protection
1993 3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Re: Permit # 006207
Beach Cleaning in Delray Beach
Dear Bill:
This is a request to modify Condition # 7 of the permit to Universal Beach
Cleaning Service. As we discussed, the condition calls for sea turtle nest
surveys to be conducted beginning March 1st. The City's formal sea turtle
monitoring program, under contract with Dr. John Fletemeyer, begins April 15th.
It has been our experience that nesting activity in Delray Beach does not begin
before April 15th. Pursuant to Universal's contract with the City, beach cleaning
activities take place five days per week, with overlapping sections of the beach
being cleaned each day. To address sea turtle protection in the event of pre-
season nesting activity, we propose that the condition be modified to allow the
beach cleaner to observe for nesting activity between March 1st and April 15th.
Should any activity be observed, the area can be marked and avoided. Dr.
Fletemeyer will investigate the suspected activity, including the results in his
overall season report. Beginning on April 15th, our normal daily monitoring
program would continue. We have discussed the proposed modification with
both Universal Beach Cleaning Service and Dr. Fletemeyer, and both are
agreeable to the protocol.
Should you have any questions, please-call me at (561) 243-7321.
ly,
alker
Coordinator
c: John Peart John Fletemeyer
Joe Weldon
S:\adv\beach\turfle12
THE EFFORT ALWAYS MATTERS
Printed o~3 Recyclod Pa,oer
[lTV OF I)ELRI:I¥ BEI:IgH
~ 100 N.Wo 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
Mr. Kirby Green, Deputy Secretary
Florida Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
Re: Sea Turtle Monitoring / Beach Cleaning
Dear Mr. Green:
This is a follow up to our telephone conversation on March 1st, regarding early
monitoring for sea turtle activity. You requested that we provide monitoring by City
personnel on a daily basis, in advance of beach cleaning operations, until the
beginning of our formal sea turtle monitoring program. The details of this early
program follow.
Monitoring will occur daily, before the start of beach cleaning, by City lifeguards.
Should evidence of nesting activity be noted, it will be marked and reported to Dr.
John Fletemeyer for verification. A daily log of monitoring will be maintained. Dr.
Fletemeyer has volunteered to give additional training to the lifeguards and to verify
any suspected activity. This early monitoring began March 7th. Our regular
monitoring program, under contract with Dr. Fletemeyer, will commence April 14th
and continue through the end of the hatching season.
Should you have any questions, please call me, and thank you for your help in
resolving this matter.
Sincerely,
Project Coordinator
c: Joe Weldon
Diane Dominguez
John Peart
John Fletemeyer
s:\adv\beach\turtle8
,' ~ ......... ~.~t,,~rT ~R S
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: Joe Weldon, Director of Parks and Recreation
FROM: John Walker, Project Coordinato~~~/'~~j~---
DATE: March 1, 1996
SUBJECT: BEACH CLEANING OPERATION
As we discussed, I received the attached letter from the Florida Department of
Environmental Protection (FDEP) notifying that a condition of the beach cleaning
permit requires that we begin sea turtle monitoring March 1st. According to
FDEP, this permit condition has been in place for the last three years, although I
was not aware of it. The City's contractor starts sea turtle monitoring, under
contract, April 15th.
Since there is no indication that we have sea turtle nesting prior to April 18th, I
argued that a requirement for early monitoring is unnecessary. I have taken this
argument to the level of the Assistant Secretary of FDEP, Kirby Green, with
partial success. FDEP will require the following:
Sea turtle monitoring will be required every day before beach
cleaning starts, until April 15th when our formal monitoring begins.
Monitoring can be done by City personnel (FDEP believes that some
of our lifeguards have sufficient training). -If a nest is noted, it is to
be marked and the location reported to me, to in turn report it to our
sea turtle contractor for verification.
For future years, we need to meet with both contractors and work out a strategy
to coordinate the operations with their permit requirements. Please let me know
if you have any questions. Also, let me know when the monitoring will begin, and
who on staff will do it.
c: John Fletemeyer
John Peart
Joe Dragon
Diane Dominguez
S:\adv\beach\TURTLE7 ~ /'~~.
Department of
Environmental Protection
Division of Marine Resources
Bureau of Protected Species Management
Law~on Chiles Tequesta Field Station Virginia B. Wetherell
Governor 19100 SE Federal Highway -Tequesta, Florida 33469 Secretary
Phone: (407) 575-5455 - Suncom: 221-5408 / 221-5534
FAX: (4071 743-6228
13 February 1996
Mr. John Walker
Planning Department
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear John:
This letter is in response to our recent telephone
discussion regarding mechanical beach cleaning operations during
the marine turtle nesting/hatching season. The marine turtle
season, on the southeast coast of Florida, is officially
recognized by the DEP as 1 March through 31 October. To ensure
that marine turtle nests are adequately protected, special
conditions are attached to the beach cleaner's permit. The
special conditions require that the beach cleaner coordinate with
the marine turtle permit holder(s) to ensure that turtle surveys
are conducted each day, beginning 1 March, so that all nests
deposited below the normal high tide line are marked so that they
can be avoided by the beach cleaner. If marine turtle surveys do
not begin until some time after 1 March the beach cleaner must
wait an additional 65 days from the date that the survey begins
to ensure that any unmarked nests have hatched out.
If you have any questions or need further clarification on
this matter, please do not hesitate to contact me at (607) 575-
5455.
Sincerely,
DIVISION OF MARINE RESOURCES
Beth Morford
Environmental Specialist
Bureau of Protected Species Management
cc: Mike Sole
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/~/
SUBJECT: AGENDA ITEM ~ ~J - MEETING OF JUNE 7. 1994
CONTRACT RENEWAL/SE~ TURTLE CQNSERVATION PROGRAM
DATE: JUNE 3, 1994
This is before the Commission to consider contract renewal with
Dr. John Fletemeyer to head the Sea Turtle Conservation Project
for an additional four years (1995-1998).
Dr. Fletemeyer has been the City's contractor for this program
for most of the years since 1984, and his performance has been
uniformly satisfactory.
The total funding commitment for the additional four years is
$39,376, ($9,844 annually) and is available from the Beach
Restoration/Sea Turtle Conservation (Account No. 332-2964-572-
34.50).
Recommend approval of contract renewal with Dr. John Fletemeyer
for the four-year period 1995 to 1998.
CITY COMMISSION DOCUMENTATION
TO: Dav~id T. Ha~en, City Manager
VIA: D~~~~g and Zoning Director
FROM: John Walker, Project Coordinato~.~~- ~' '''
SUBJECT: MEETING OF JUNE 7, 1994
RENEWAL OF CONTRACT FOR SEA TURTLE CONSERVATION
PROJECT FOR ADDITIONAL FOUR YEARS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approving
a renewal of the contract for the Sea Turtle Conservation
Project for an additional four years.
BACKGROUND:
The contractor for the project, Dr. John Fletemeyer, has
requested renewal of the contract for the Sea Turtle
Conservation Project for an additional four years (1995-1998) at
the current price of $9844./year. The existing contract was
quoted for one year with a one year extension. The contract was
awarded by the City Manager in 1993 and renewed in 1994.
The average annual cost of the base bids since 1990 is $9793.60.
Should the City extend the contract as requested, the average
for nine years (1990-1998) would be $9816. The City would
benefit from the renewal by having a stable project cost at a
reasonable rate for an additional four years. Dr. Fletemeyer
has been our contractor for this program for most of the years
since 1984. His performance has been uniformly satisfactory.
The total funding commitment for the additional fours years is
$39,376. Funding is available in the Beach Restoration Fund.
RECOMMENDED ACTION:
By motion, authorize the City Manager to renew the Sea Turtle
Conservation Project contract with Dr. John Fletemeyer for an
additional four years (1995-1998) at a cost of $9844 per year.
Attachment: May 12, 1994 letter from Fletemeyer
T:\advanced\TURTLE12.DOC
12 May 1994
Mr. John Walker
Engineering
100 NW 1st Ave.
Delray Beach, Florida 33444
Re: Request to be granted a long term extension
on sea turtle contract.
Dear John,
Based on an earlier conversation with you I am aware that
City of Delray has a policy that limits contract renewals
for only a period of two years.
However, I'm hoping that under special circumstances that
this policy can be modified to permit a long term extension
of my contact for the Delray Sea Turtle Monitoring Program.
I'm making this request because my cost for conducting
this program has escalated significantly this year.
Insurance, for example, has nearly doubled and now represents
10 percent of the contract. Also other costs have increased
as well.
Perhaps my biggest concern involves the replacement and/or
repair of the two 4-wheel drive vehicles used in this program.
With my current two year contract ending this year, considering
whether or not to replace these vehicles becomes a real gamble.
By having a long term contract (at least four years) it will be
possible to schedule replacement over an acceptable and pre-
dictable duration.
Also as a means of cutting costs, I plan to cancel my
insurance in October in order to get a six month refund.
By doing this, insurance will likely cost more next
year thus increasing my bid next season.
Hopefully my request can be justified by the fact that over
the last 10 years, I have managed to be the low bidder
keeping my cost virtually the same over this period.
If given the opportunity for a long term contract lasting
for four years between 1994 and 1998, I'm prepared to
keep my bid the same. Considering the above this will
likely represent a cost savings to De!ray.
PLANNING & ZONiN~
Besides a cost savings, a long term bid will insure
the continuance of a quality program. As you know
over the years I have managed to incorporate a number
of extras into the program above and beyond the specs.
of the contract, i.e. excavating nests to determine
hatching success and generating a comprehensive final
report involving a statistical analysis of the data.
Thank you for considering my request. Hopeful the
rationale that I have tried to present in this letter
will convince the powers that be that this would be
not only in the best interest of sea turtles but in
the best interest of the City of Delray as well.
Sincerely,
John R. Fletemeyer
t331 ponce de Leon Drive
F~/Lauderdale, Fl. 33316
(305) 764-6149
8.E. FINAl. PAYMENT/PALM BEACH COUNTY: Approve final payment
to Palm Beach 3ounty in the amount of $26,274.55 for the City's
share of costs involved with construction of a potable water main
on interconnect: Linton Boulevard, west of Military Trail. Pay-
ment is in accordance with an Interlocal Agreement between the
City and the County, with funding from Water and Sewer Capital
Outlay - Interconnect Boca/PBC (Account #441-5161-536-64.01).
~.F. ACCEPTANCE OF RIGHT-OF-WAY DEED AND TWO EASEMENT
DEEDS/RABBIT HOLLOWE SUBDIVISION: Accept right-of-way deed and
two (2) easement deeds associated with the Rabbit Hollowe Subdi-
vision.
8.G. APPROVAL/ACCEPTANCE OF STREET MAINTENANCE AGREEMENT/
RABBIT HOLLOWE SUBDIVISION: Approve an Agreement with Rabbit
Hollowe Homeowners' Association, Inc. to accept a private street
within the subdivision (Rabbit Hollowe Circle) as a public street
and assume the related maintenance responsibilities.
8.H. FINAL PAYMENT/OLYMPIC INDUSTRIES, INC.: Approve final
payment in the amount of $407.15 and deduct Change Order No. 3 in
the amount of ~;103.00 to Olympic Industries, Inc., for completion
of the Public Works renovations, with funding from General Con-
struction - City Garage Improvements (Account No. 334-3351-
591-60.69).
8.I. LANDSCAPE WAIVER/PROFESSIONAL INSULATORS, INC.:
Approve a landscape waiver for Professional Insulators, Inc., to
provide site upgrading and improvements to their property located
on the east side of South Swinton Avenue 100' south of Southridge
Road.
$.J. CONTRACT RENEWAL/SEA TURTLE CONSERVATION PROJECT:
Approve contract renewal with Dr. John Fletemeyer to head the Sea
Turtle Conservation Project for an additional four years. The
total funding commitment for the additional four years is $39,376
($9,844 annually) and is available from Beach Restoration/Sea
Turtle Conservation (Account No. 332-2964-572-34.50).
8.K. RESOLUTION NO. 46-94; Authorization to apply for
funding throu~h Palm Beach County's State and County Roadway
Beautification Grant Program for West Atlantic Avenue.
The Caption of Resolution No. 46-94 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO APPLY FOR FUNDING THROUGH
PALM BEAC~ COUNTY'S 1994/1995 STATE AND
COUNTY ROADWAY BEAUTIFICATION GRANT PROGRAM.
(Copy of Resolution No. 46-94 is on file in the offi-
cial Resolution Book)
-4- 6/7/94
PURCHASE ORDER 13W Dalai/
· . , PURCHASING DIVISION
,. z 100 NW FIRST AVENUE
D/,TE: DELRAY BEACH, FLORIDA 33444
3/26/90 '54613~, 1
407/243-7115
~IS NUMBER MUST APPEAR ON ALL I~S,
PACKING LI~S. ~BELS. BILLS OF ~DI~ ~D
VENDOR: SHIP TO: ~RES~E.
JOHN FLETEMEYEE' City Of Delray Beach Florida
~3~ PONCE DE LEON CITY HALL
FT LAUDERDALE FL 3-~1~ PLANNING & ZONING
'1~ NW 1ST AVENUE
DELRAY BEACH FL ~5444
~76~25 4/~1196 ......................
J, ~ALKER - ~ONFTRM~ ~427A5 -
j * CONFIRMATION COPY DO NOT DUPLICATE
1. x_~ .~.~ EA '96 SEA TURTLE CONSERVATION
VENDOR ITEM NO. - SEA TURTLE
TOTAL 9844,2J
REMARK S:
APPROVED RY CITY COMMISSION 06/~7/~4
FO~ ADDITIOHAL FOUR YEARS
BILL TO: APPROVED
CITY OF DF, ER. AY BEACH
ACCOUN'J~ PAYABLE
DELRAY BEACH, FLORIDA 33444
CERTIFICATE NO. 60-08-116241-.~4C
PURCHASING
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ F~ - MEETING OF JULY 28. 1992
CHANGE ORDER NO. 1/SEA TURTLE CONSERVATION CONTRACT
DATE: July 24, 1992
This item is before is before you to approve a change order in the
amount of $15,808 to the contract with Dr. John Fletemeyer for the
Sea Turtle Conservation Project.
Prior to a firm date~ being established to begin the Beach
Nourishment project staff authorized the relocation of sea turtle
nests which were established in the project area. However, as the
construction schedule has been moved to on or after October 15, 1992,
the further relocation of nests is not required at this time. Dr.
Fletemeyer has been advised to cease work and return to the original
scope of work for which'he was contracted.
Recommend approval of Change Order No. 1 in the amount of $15,808 to
the contract with Dr. Fletemeyer for the relocation of sea turtle
nests; with funding from Beach Restoration Fund - Erosion Control
(Account No. 332-4164-572-34.38).
CITY COMMISSION DOCUMENTATION
TO: /~'~id Ti~arden, City Manager
THROUGH ~ ~c~ &
.'~~avid Kovacs, Director of Planning Zoning
FROM: John Walker, Project Coordinato~~~~' ~
SUBJECT: MEETING OF JULY 28f 1992
SEA TURTLE CONSERVATION PROJECT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of a change order to the Sea Turtle Conservation Project
contract with Dr. John Fletemeyer.
BACKGROUND:
In order to maintain scheduling flexibility for the Beach
Nourishment Project for as long as possible, Staff instructed
the contractor to relocate all sea turtle nests from the project
area beginning May 30, 1992. Since the height of turtle nesting
takes place in June and July, the bulk of the additional work
has been completed.
After the Commission's action to award the Beach Nourishment
project construction contract on July 21, 1992, Staff instructed
the Sea Turtle project contractor, Dr. John Fletemeyer to cease
the additional services and return to the original scope of work
in the contract.
The contractor has submitted a change order request for
additional services, including establishment of two relocation
sites, additional personnel, vehicles and hours of operation.
The cost of additional services is $15,808. for relocation of
all nests through August 1, 1992. In my opinion, this price
level is appropriate given the work involved. The total project
cost will be $25,800. Funding is available in the Beach
Restoration Fund.
RECOMMENDED ACTION:
By motion, approve a change order to the Sea Turtle Conservation
Project contract, in an amount not to exceed $15,808. for
additional services to relocate all sea turtle nests from the
project area of the Beach Nourishment Project from May 30, 1992
through July 23, 1992.
Attachments:
* proposal
* correspondence
T:TURTLE4.DOC
Contract Revison:
To Include Sea Turtle Work Associated
With Proposed 1992 Beach Nourishment Project
TO: John Walker / Program Coordinator
100 NW 1st Ave.
Delray Beach, Fl. 33444
FROM: John Fletemeyer / Project Director ~~
DATE: 22 June 1992
NARRATIVE:
Per your request, the 1992 Delray Beach sea turtle
conservation and monit, oring project has been expanded to in-
clude work associated with the proposed 1992 Delray Beach
Nourishment Project. Mobilization for this work began on May
26, 1992 and work commenced on May 30, 1992.
This additional work involved establishing two new
hatchery relocation sites located approximately 600 feet
north of the north end of the public beach and approximately
1,000 feet south of Linton Blvd. Beginning May 30, All nests
in the designated project area are being relocated to one of
these two sites.
Additionally, the original two sites as well as the two
new sites are being closely monitored for hatchling emergences,
and the data collection effort has been expanded to include
all nesting between the north city limit south to the mark
located 1,000 feet south of Linton.
This additional work effort has required the use of two
4-wheel drive vehicles instead of one. One of these vehicles
is currently stored at the Holiday Inn for emergency use. Also
two full-time workers are being used each morning, along with
an on-call assistant.
Per the request of the project coordinator (Mr. John Walker),
the two price quotes are provided. The first involves assuming
that the nourishment will begin in August and the second takes
into account that the project will not begin until the sea turtle
nesting season has concluded.
Note that this quote is based on the fact that the work
effort varies significantly from month to month with June being
the most labor intensive month--the month with significantly
higher nesting activity than the other months.
Option I: Monitoring Until 1 August--Failure to
start Nourishment Project in August.
* Initial Mobilization (2 days) and $ 6,200.00
Montoring Deray Beach from April
20 to May 30, 1992. Project area
from N. city limit boundary to
S. city limit boundary.
* Project Mobilization to include 14,800.00
new south.boudnary, 1,000 feet
south of Linton Blvd. Monitoring
from 30 May until 1 August, 1992.
* Reduction of monitoring to include 2,8000.00
orginal project boundaries. Monitoring
4 relocation sites--the two orginal
sites and the 2 required as an outcome
of the proposed nourishment project.
Monitoring from 1 August to the end
of the nesting season.
* Final report preparation and writing 2,000.00
To be submitted by 14 November 1992.
Total $ 25,800.00
Option II: Monitoring Until the expanded project area until
the end of the 1992 nesting season. Assumes
that project will start sometime in August.
* Initial Mobilization (2 days) and $ 6,200.00
Monitoring Delray Beach from April
20 to May 30, 1992. Project area
from N. city limit boundary to
S. city limit boundary.
* Project Mobilization to include new 19,242.00
south boundary, 1,000 feet south
of Linton Blvd.. Monitoring from
30 May until the end of the nesting
season.
* Final Report preparation and writing. 2,000.00
To be submitted by 14 November 1992.
TOTAL $ 27,442.00
£1T¥ DF DELRR¥ BER£H
100 N W 15t AVENUE · DELRAY BEACH FLORI~),,~ 33444 · 407 243-7000
July 23, 1992
Dr. John Fletemeyer
1331 Ponce de Leon Drive
Ft. Lauderdale, Florida 33316
RE: 1992 SEA TURTLE CONSERVATION PROJECT
Dear Dr. Fletemeyer:
The City Commission, at its meeting of July 21, 1992, awarded a
contract for construction of the Beach Nourishment Project.
Work on this project will begin after October 15, 1992.
Therefore, there is no longer a need to maintain the schedule
for a summer project.
Please cease the additional services directed in our letter of
May 21, 1992 and verbally authorized on May 28, 1992. These
services were to relocate all sea turtle nests from the Beach
Nourishment Project area in anticipation of a summer
construction schedule. Please return immediately to the
original scope of services in your contract.
We will process a change order request for the City Commission
meeting of July 28, 1992. Please let me know the final cost of
the additional services as soon as possible. Should you have
any questions, please call me at (407)243-7321.
Sincerely,
Project Coordinator
c: David Harden
David Kovacs
T:TURTLE3.DOC
May 21, 1992
Dr. John Fletemeyer
1331 Ponce de Leon Drive
Ft. Lauderdale, Florida 33316
RE: 1992 SEA TURTLE CONSERVATION PROJECT
Dear Dr. Fletemeyer:
In our pre-work conference, we discussed the beach nourishment
project, planned to start August 1, 1992. Although the permit
problems involving timing restrictions are still unresolved, we
are hopeful the project can proceed on schedule.
If the construction is approved to begin August 1, we need to be
sure no sea turtle nests exist within the project area.
Therefore, please relocate all nests from the project area
beginning May 27, 1992. This will be 65 days prior to the start
of construction and should assure sufficient time for
incubation. The project area from which nests are to be
relocated is from a point 400' north of Atlantic Ave. to a point
1000' south of Llnton Blvd. As we discussed previously, nests
should be relocated to the north end of the City, say from the
sailboat storage area north.
Please review the above relative to your contract and let me
know if any changes are required.
Sincerely,
Project Coordinator
c: David Harden
David Kovacs
Kim Beachler
JW/T:TURTL10.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~"~
SPECIAL LOBBYISTS FOR BEACH RENOURISHMENT DEDICATED
FUNDING SOURCE
DATE: FEBRUARY 28, 1997
We have received a request from the Florida Shore and Beach
Preservation Association (FSBPA) for a contribution to assist
with the hiring of two special lobbyists to support House Bill
103 and a companion Senate bill. These bills would impose a
surcharge on cruise ship tickets for the purpose of providing a
dedicated source of funding to implement a statewide beach
management plan, including beach renourishment projects.
The Commission discussed this proposed legislation at the January
14th workshop and formalized the consensus with the adoption of
Resolution No. 7-97 on January 21, 1997 (copy attached). As
indicated by FSBPA and John Walker in his memorandum, strong
opposition is anticipated. To counter these challenges, the
FSBPA has mounted a special lobbying effort and needs to raise
some $50,000 to support it. Beachfront governments are being
asked to contribute $5,000 each toward this fund. Funding can be
provided from the Beach Restoration Fund (#332-4164-572-34.90).
Staff recommends support of the lobbying effort by the Florida
Shore and Beach Preservation Association.
ref:agmemo7
MEMORANDUM
To: Alison MacGregor Harty, City Clerk
From: John Walker, Project Coordinator~ ~---~~'"""
Date: February 24, 1997
Subject: Special Lobbyist for Dedicated Funding Source
Passage of the dedicated funding source would produce positive results for Palm
Beach County and Delray Beach almost immediately. We will be requesting
state funding in FY 99 for the beach nourishment project.
This bill has a good chance of passage, but faces strong opposition. The
decision to retain a special lobbyist is sound, and City support of the lobbying
effort is appropriate.
COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
COASTAL PLANNING & ENGINEERING, INC.
BOCA RATON: 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 (407) 391-8102 TELEFAX: {407}391-9116
JACKSONVILLE: P.O. BOX 892, ORANGE PARK, FL 32067 (904)264-5039 TELEFAX: {904)264-5039
TOMS RIVER: 250 WASHINGTON STREET, SUITE B, TOMS RIVER, NJ 08753 (908) 244-3386 TELEFAX: (908)244-3664
February 20, 1997
Mr. David Harden
City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Re: Stable Funding Source for Florida, Florida Shore and Beach (FSBPA) Dedicated
Funding Committee
Dear Mr. Harden:
As Chairman of the FSBPA Dedicated Funding Committee, we are asking for contributions to hire
two special lobbyists who will support HB103 and its Senate companion. The bill would create
an annual stable funding source for Florida's beaches and raise $27 million annually by placing
a small surcharge on cruise tickets ($5 for weekly, $1 for daily).
This is a great opportunity for our beaches that we can't pass up. A stable funding source for
beaches has been FSBPA's number one priority for the last 10 years. It was recommended by a
Governor's Task Force and discussed at every beach conference. We now have the opportunity
to stop talking about it and make it happen. Stable beach funding means that State Funding will
be available for your beach when you need it.
Our lobbying program anticipates challenges to the bills and is prepared to counter these
challenges. We know that the cruise industry will be using special lobbyists to try and defeat the
bill. That is why our special lobbyists are so important. Despite cruise ship industry objections,
however, the bill has already gained momentum and has a good chance of passing with the right
kind of support.
We need your help to raise a total of $50,000 to support these lobbying efforts. Our firm, Coastal
Planning & Engineering, Inc. has pledged $5,000 toward the effort. We have contacted industry
and goverument representatives and have so far raised $25,000.
Mr. Dave Harden
February 20, 1997
Page 2
Because time is critical, I have already retained the services of Mr. Dale Patchett and Mr. Barry
Horenbein (see attached). These lobbyists were identified by Florida Shore and Beach as having
the best contacts and background to positively influence the passage of these bills. I met with both
lobbyists and they outlined an aggressive program of meetings with key legislators; they are
starting work immediately. Ms. Debbie Flack will be organizing local government lobbyists to
reinforce our team's efforts.
We are asking beachfront Govenm~entS to contribute $5,000 toward this ~nd. Please contact me
with any questions you may have. I look forward to working with you in support of these bills.
Sincerely,
FloridaShore and Beach
Chairman of Dedicated Funding Committee
d: \wp61 docs\fsbpa\HB 103.041
COASTAL PLANNING & ENGINEERING, INC.
DEDICATED FUNDING SOURCE
FOR FLORIDA BEACH RESTORATION PROJECTS
SUGGESTED SPECIAL LOBBYING EFFORTS
Lobbyists Resumes
The following two lobbyists have been suggested to me by Debbie Flack as being best suited for
addressing House Bill 103 which has a Senate companion bill. The bill has been offered to the
House by Representative Jones t¥om Pinellas County and a companion bill is being introduced by
Senator Ron Silver from Miami Beach.
Dale Patchett was former Assistant Secretary of the DEP and former minority leader in the
House. As you may know, the minority in the House is now the majority. This is the first time
in 100 years that the Republicans have led the House. Dale has many strong political contacts in
the House and represents a number of local governments and agencies. He is very close with the
sponsor of the bill, Dennis Jones from Pinellas County.
Barry Horenbein is a strong private sector lobbyist routinely taking contracts in the $100,000
range, a real heavy hitter. He is considered the oldest and most well-established lobbyist with
extreme close ties to the Senate. His 1996 clients include: G-Tech Corporation, Florida Cable-
Tech, Honeywell, Florida Power Corporation, the Seminole Indians, the Sugar Cane Growers of
Florida, 3M and the University of Miami. Barry has strong political ties which will be invaluable
in making this bill happen in the Senate.
Other Lobbying
Florida Shore and Beach, through Debbie Flack, is organizing all local governments on the coast
and will be using their lobbyists in addition to the special lobbyists identified to help move this
issue. It is the FSBPA's position that a dedicated funding source for beaches is needed. We
support the current proposals which include a surcharge on cruise lines but recognize the funding
source may change during the legislative session. The FSBPA will continue to support dedicated
funding for beaches with the currently proposed funding source or another source if the source
is changed.
COASTAL PLANNING & ENGINEERING, INC.
[lTV OF I L fiV GEi [H
DELR~Y
~ CITY CLERK ,oo ..w. ,~, .w,,,o~ · o.,,,....,. ,,~^o., ,,..o.,,::,^ 33,,, · ,o7/2,3.7ooo
Ail-America City
1993
January 22, 1997
Ms. Mary S. Baruch
Administrative Assistant
Palm Beach County Legislative Delegation
301 No Olive Avenue, 10th Floor
West Palm Beach, FL 33401
Re: Resolution No. 7-97
Dear Ms. Baruch:
Enclosed please find a copy of Resolution No. 7-97 in support of
State House Bill 103 which would impose a surcharge on cruise
ship tickets for the purpose of providing a dedicated source of
funding to implement a statewide beach management plan. This
resolution was passed and adopted by the Delray Beach City
Commission in regular session on January 21, 1997.
The City Commission fully supports the provisions of House Bill
103 and strongly urges Florida's legislators to act promptly to
enact same.
Please ensure that this resolution is forwarded to each member of
the Palm Beach County Legislative Delegation, with our thanks in
advance for their serious consideration and support of Delray
Beach's position.
Thank you for your assistance."-If you have any questions, please
do not hesitate to call me at 561/243-7050.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH/m
Enclosure
cc: Florida Shore & Beach Preservation Association
Kathy Daley
THE EFFORT ALWAYS MATTERS
Pt*irlt~ on Recycled P~o~r
RESOLUTION NO. 7-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF HOUSE BILL 103
IMPOSING A SURCHARGE ON CRUISE SHIP TICKETS FOR THE
PURPOSE OF PROVIDING A DEDICATED SOURCE OF FUNDING TO
IMPLEMENT A STATEWIDE BEACH MANAGEMENT PLAN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach is a coastal community
located in Palm Beach County on the southeast coast of Florida; and
WHEREAS, the health of Florida's beaches is fundamental to
the health of the tourism industry which., in turn, is a foundation of
the State's economy; and
WHEREAS, there has never been a dedicated funding source in
the state for beach management and erosion control, resulting in the
program being consistently underfunded; and
WHEREAS, many of Florida's beaches have become badly eroded
through neglect and insufficient funding of the state's beach
management program; and
WHEREAS, studies show that a major cause of beach erosion in
Florida is the presence of deep channels and protective navigation
structures at ports and harbors which interrupt the littoral movement
of sand that otherwise would naturally renourish the beaches; and
WHEREAS, beach erosion has been declared, pursuant to
Florida Statutes Section 161.088, to be a serious threat to the
economy and general welfare of the state; and
WHEREAS, the City Commission of the City of Delray Beach
recognizes the need for substantial and dependable funding to manage
and protect Florida's stable beaches and to repair and restore those
beaches experiencing erosion; and
WHEREAS, House Bill 103 will create a funding source in the
Ecosystem Management and Restoration Trust Fund for a comprehensive
statewide beach management plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
fully supports th~ provisions of House Bill 103 and strongly urges
Florida's legislators to act promptlY to enact House Bill 103.
Section 2. That the City Clerk is hereby directed to
furnish a copy of this Resolution to our legislative delegation, to
the Florida Shore & Beach Preservation Association, and to such other
persons as may be appropriate.
Section 3. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st day
of January, 1997.
ATTEST:
- 'City Cl~k f
- 2 - Res. No. 7-97
CITY OF DELRRY BEI:I[H
CITY ATTORNEY'S OFFICE
Writer's Direct L~e: (~7) 243-7~1
AII.AmrJca City
'llll
DATE: Feb~a~ 27, 1997
1993 TO: Ci~ Co~ission
FROM: Susan A. Ruby, Ci~ ARorney
SUBJECT: Van Pool Progr~
The pu~ose of ~s memorandum is to obtain Ci~ Co~ssion direction regarding ~e
es~blis~ent of a Van Pool Progr~ to provide tra~po~tion for Ci~ residents
employed by ~e Boca Raton Resort and Club (Resort) to and ~om ~e Resom
The proposal is for Palm Beach Coun~ to eider lease to ~e Ci~ a mi~bus for ~is
pu~ose or to convey to ~e City title to ~e bus for ~is and o~er public pu~oses. If
any other use of the bus, o~er ~n for ~e Van Pool Program, is contemplated, prior
approval by ~e Coun~ will be requ~ed.
Attached is a draR of an agreement wi~ the Coun~ ~a~ferr~g title of ~e van to ~e
Ci~, or in the alter~tive, a draR lease agreement be~een ~e Ci~ and ~e County.
Also attached is a draR agreement wi~ the Boca ~ton Resort and Club. The
agreements are provided at ~is time for your ~o~ation to assist you in dete~i~ng if
the Van Pool Progr~ is one ~e City Co~ission is interested in pursuing and if so
whe~er a title transfer ~om ~e County to the City or lease agreement between ~e
County aM the Ci~ is preferable to ~e Ci~.
These agreements are in draR fo~ and some modificatio~ ~y be made prior to focal
approval of ~e documents. For ex~ple, if ~e Ci~ decides to enter into ~e progr~,
our office would reco~end that to reduce ~e liabili~ exposure to ~e Ci~ that ~e
agreement wi~ ~e Boca ~ton Reso~ and Club requ~e an expanded hold ha~ess and
inde~fication provision s~lar to ~at contained wi~in paragraph 25 of the Coun~
lease agreement, i~urance provisio~ in amoun~ conta~ed wi~n Section 26 of ~e
Coun~ lease agreement, and a no discr~tion provision. In addition, a provision
regarding assig~ent, requiring compliance wi~ laws, and a paragraph requir~g Boca
Raton Reso~ and Club to ma~min and be respo~ible for repairs to ~e vehicle if ~ey
.City Commission
February 27, 1997
Page 2
are the primary users should also be inserted into the agreement between the City and
Boca Raton Resort and Club.
If the Commission gives direction to proceed with the program, our office will bring
back to the Commission at their next regular meeting, the appropriate final agreements
for formal consideration.
By copy to David Harden, City Manager, our office requests that this matter be placed
on the City Commission March 4, 1997 regular agenda.
SAR:~~~/'
Attachments
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
vanpool.sar
~1 _ _'---~ ~ 407~6B8505 BILL T. SMITH 02~26-'97 14:54 P.02
AGREEMENT
This Agreement is entered into by and between BOCA RATON RESORT AND CLUB
(BRR&C) and the CITY OF DELRAY BEACH, a Florida municipal corporation (CITY) as
follows:
WITNESSETH:
WI-I~REAS, the CITY has received and now has possession of a minibus (further
described in Exhibit "A" attached hereto) which is to be used for the transportation of employees
living in thc CITY to the BRR~C; and
WHEREAS, the BR_R~C is desirous of cooperating with the CITY to insarc the safe
travel of its employees living in the CITY to the BRR&C; and
WHEREAS, the parties wish to enter into a cooperative operating agreement to provide
for the operation oft, he minibus and for the transportation between the CITY and the BRR&C;
NOW, THEREFORE, in consideration of the mutual promises herein contained and for
other good and valuable consideration, the receipt and sutfidency of which is hereby
acknowledged, the parties agree as follows:
~ The above representations are true and correct and made a part hereof as
binding covenants aa if fully set forth herein.
~ The BRR&C agrees to operate the minibus for the purpose of transportation of
employees living in the CITY to the BR.R&C and such other locations as are agreed by and
between the BRR&C and the CITY. The operating agxeement shall be subject to the conditions aa
set forth herein, and shall have a term coextensive with the Interlocal Agreement between the City
of Deh'ay Beach and Palm Beach County for Public Transportation Services dated
, (together with any modifications thereto) ex~ept as stated herein.
~ The City Manager and a representative appointed by the BILR&C shall meat
and determine the date, times, and locations for operation of a transportation service for
employees living in the CITY and workin8 at the BRR&C to facilitate their transpot~tation to their
place of work. The City Manager and the BRR&C representative may agree to other
transportation points.
~ The BRR&C shall provide a qualified operator, capable of operating the
minibus, who has all necessary licenses required for operation of the minibus. The operator shall
at all times be courteous to patrons of the bus ~ervice and shall operate the minibus in a carmqal
manner and shall operate the minibus in accordance with all resaonable instructions of the City
Manager or his designee. While the CITY does not have any immediate intention of charging a
fee. if the CITY determines to charge a fee for the use of the bus sera'ice, it shall provide
02/26/g7 WED 14:07 [TX/RX NO 78341
~m~Lu=~ 8 407~6BB50§ BILL T. SMITH B2/26/97 14:54 P 85
reasonable notice to the BRR~C and it shall do so only after obtaining BRR~C's prior written
approval. Thereafter, tho operator shall insure that said fee is paid by any person using the minibus
and then transferred to the City Manager or his designee. The operator of' the minibus shall only
be required to operate said minibus during the dates, times, and stop at the locations as stated
herein.
~ The BRR~C shall provide liability insurance covering any negligence or
intentional torts et' the operator of the minibus in the amount of . Said
insurance shall be approved by the Risk Manager of the CITY. Any insurance shall name the
CITY as ~ named insured and shall require that the CITY shall receive thirty (30) days notice of
any cancellation_ Such insurance shall apply only to the time the vehicle is under the custody and
control of the BR, R~C.
~ Nothing contained herein shall be construed to transfer any ownership or other
interest of any kind in the minibus to the BR,R~C. This A~eement is merely an operating
aitreement to provide for the operaiion of a transportation aery/ce for employees livin& in the
CITY and working at the BR, R~C and for such other ancillary uses as is aid'ced to by the City
Manager and the BRR~C representative as set forth above.
Section '/, The BR,R~C, to the extent permitted by law, does hereby aa;rea to defend,
indemni~, and hold thc CITY, its employees, agents and representatives harmless from any and
all causes of' action, judgments, or other liability in any way resulting from actions of the BR,R~C
or its employees, agents or representatives, including but not limited to, the operator of the
minibus, for actions undertaken pursuant to this Affreement or related to this Ag~-eement or during
the time the minibus is in the custody of the BRR&C. The CITY, to the extent provided by law,
does hereby affree to indemnify, defend and hold harmless thc BR,R~C, its employees, agents and
representatives for any and all causes of action, judgments or liability in any way resulting from
the actions of the. CITY or its employees, agents and representatives pursuant to this Agreement
or related to this Ai~-eement or during the time the minibus is in the custody of the CITY.
Set,on ~. The parties acknowledge that the CITY has obtained possession of the minibus
by virtue of an L'tterlocai Agreement with Palm Beach County dated
~ This A&reement may be terminated upon sixty (60) days notice by either party.
Should the County terminate this agreement, the CITY shall notify the BRR~C of the
cancellation date within five (:5) days of receipt of said notice; failure to notify the BRR,~C in
such a fashion shall cause the CITY to be liable for any a~ual, out-of-pocket expenses incurred
dire~-tly related to said failure.
~t.l~Hl=.L~ All notices required herein shall be in writin8 and either hand delivered or
mailed, or transmitted by fax, to the following person at the address listed unless chanaed by
written notice
02/25/97 t~ED 14:07 [TX/RI NO 78341
BILL T. SMITH 02/26/97 14:55 P.B4
CITY: City Manager
City ofDelray Be~ch
100 N.W. 1st Avenue
Deiray Beach, Florida
BOCA RATON RESORT Miclmel ]~. Lawrence
AND CLUB; V.P. of Human R~sources
Boca Raton ReSOrt &: Club
501 E. Camino Real
Boca Raton, Florida 33431-0825
~ This is the E~il A~reement between the pn=,'ties and may not be amended
except by written agreement executed by the parties with equal dignity hereto.
Sect~n 12, The drat~in$ of this Agreement has been a mutual endeavor of the parties and
no provision of this Agreement shall, merely as a rn~tter of judicial interpretation, be construed
more strictly a~sinst one party than the other.
~ The effective date of' this Agreement shall be the last date upon which either
pm'ty a~xes its signature thereto.
IN WITNi~.SS WHEREOF the parties have ca~ed these presents to be executed.
CITY OF DELRAY BEACH
BY:
ATTEST: Mayor
City Clerk
STATE OF FLORIDA
COLTNTY OF PALM BEACH
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and
for the State of Florida, on this, the day of , 1996, by
02/26/97 WED 14:07 [TX/RX NO 7834]
~ 407~6BB505 BILL T. SMITH
~ '" ,~{ .... mil-.. 02/26~97 14:55 P.05
, and .. Mayor and City Clerk, City of Delray
Beach, Florida respectively.
NOTARY PUBLIC
My Commission No.
My Commission Exp.
Witnesses BOCA RATON RESORT AND CLUB
STATE OF FLORIDA
COUNTY OF PALM BEACH
Tho foregoi~8 instrument was acknowledged before me, the undersis~ed Notary Public in and
for the State of Florida, on this, the ~ day of , 1996, by Michael M.
Lawrence, as V'ic,~ President ofBOCA RATON RESORT AND CLUB.
NOTARY' PUBLIC
My Commission No.
My Commission Exp.
C:'.WINWO~C~ELRA¥.AG2
02/26/97 WED 14:07 [TX/RX NO 7834]
,-_B-20-1997 12:51 PALM B~ACH C'FY ATT"¢ 40? 5S5 4598
INTERLOCAL AGRE~
BY AND
BETWEEN PALM BEAC~ COUNTY, FLORIDA AND
THE CITY OP DELRAY BEAC~
FOR THE LEASE OF ONE MINIBUS
THIS INTERLOCAL AG~E~MENT is made and entered into this
day of , 1997, by and between Palm Beach Cou~iy,
Florida, a political subdivision of the State of Florida, by and
through its Board of County Commissioners (referred to hereinafter
as "County") and the City of Delray Beach, a Florida municipal
corporation, by and through its City Commission (referred to
hereinafter as "City").
WTTNESSETH
WHEREAS, the City has implemented a "welfare to work" program
desiqned to provide employment opportunities and jobs to its
citizens, and to transport individuals who have obtained
employmenu, to their job locations; and
WHE~S, the City has expressed a desire to lease from County,
one "minibus" to be used for its "welfare to work" program as a
"vanpool," an established alternative form of public
transportation; and
WHEREAS, the City represents that the minibus shall be used
solely to transport those individuals previously identified as
chronically unemployed, who have successfully obtained work, to
their jobs (such use referred to hereafter as "Program" or "Vanpool
Program"); and
WHEREAS, the City has determined that it will implement this
Vanpool Program within defined'areas of the City's urban core where
there is the greatest need for such a program and the greatest
likelihood of successful implementation; and
WHEREAS, the County finds that the City's use of a County-
owned vehicle for the City's Vanpool Program will assist the
chronically unemployed residing in urban core areas by providing an
alternative means of transportation to job sites; and
1
PALM B~ACH CTY ATTY ~07 555 ~398 P.05/17
~.~, the County further finds that City's Vanpcol Program
will improve and enhance urban core areas by providing economic
opportunities, reducing traffic congestion, and facilitating a
"clean air" environment; and
W~r~EAS, the City and County have determined that the Vanpool
Program described herein constitutes a valid public purpose.
NOW, THEREFORE, in consideration of the mutual terms,
conditions, promises, covenants, and obligations set forth herein,
the County and City agree as follows:
Section !. Incorporation of Facts: The facts set forth
above, in the preamble to this Agreement, are true and correct and
incorporated into this Agreement by reference.
Section 2. Purpose: The purpose of this Agreement is to set
forth the various duties, rights and obligations of the parties
regarding the lease and use of one (1) County-owned minibus for
City's Vanpool Program.
Section 3. Representatives: The County's representative
during the performance of this Agreement is Irving Cure, Director
of Palm Tran, whose telephone number is (561) 233-1166. The City's
representative during the performance of this Agreement is David
Harden, City Manager, whose telephone number is (561) 243-7010.
Section 4. Effective Da=e, Term and Renewal: This Agreement
shall take effect upon , 1997, and shall remain in
full force and effect for a period of two (2) years, expiring on
, 1999, unless sooner terminated as provided herein.
County hereby grants to City the option to renew this Agreement for
an additional two (2) year period at the same terms, conditions and
annual lease fee. If City shall elect to exercise its option to
renew, it shall notify County in writing of such election, no less
than sixty (60) days prior to the expiration of the original term.
This Agreement shall remain in effect only so long as the City
shall, in the sole discretion of County, use the "minibus" leased
hereunder in accordance with the terms of this Agreement.
Section 5. Lease: County hereby leases to City one (1)
"minibus" to be further described, by the parties, in the document
attached hereto as Exhibit A to this Agreement. City will pay to
F'~2-DO-ZgD? Z2:~2 PPL..~ 8E~CH CTY ~TT¥ 4129,, ~D 4~DG P.O~×~~
County an annual lease fee of Ten Dollars ($10.00) which shall be
due and payable to County on or before the first day of each year
of the lease term. City will remit to County over =he term of the
lease a total lease fee in the amount of Twenty Dollars ($20.00).
The attached exhibit will be executed by City's and County's
representatives upon delivery =o and City's acceptance of the
minibus.
Section 6. Use and Operation of the Minibus and Fares: The
minibus leased hereunder shall be operated as directed by the City.
It shall be used solely to facilitate the City's Vanpool Program.
Areas to be serviced by said minibus shall be those areas located
in the City's urban core identified by =he City for receipt of
services. In the event the City shall determine to initiate a
fare, all fare revenues shall be used solely to fund the operation
of City's Vanpool Program.
Section 7. Contracting for Opera=ion of Va=Dool Program and
Use of the Mini3ous: The City may provide the services required to
operate the Vanpool Program (including use of the minibus), through
its own employees, or contract with a third party for the operation
of said Vanpool Program. In the event the City contracts with a
third party, the City shall require and insure that its contractor
complies with each and every term, condition or requirement
established herein, unless otherwise exp. ressly required. City
shall further insure that all such requirements are included in any
third party contract, authorizing the use of the minibus leased
hereunder.
Irrespective of any contract, delegation or purported
assignment made by City to a contractor of its requirements,
obligations or duties under this ~greement, the City will continue
to remain responsible to the County for all such requirements,
obligations or duties assumed bY it under this Agreement, except as
expressly provided herein to the contrary. Moreover, if City shall
contract with a third party for the operation of its Vanpool
Program and the use of the minibus, and City's contractor obtains
and maintains the insurance required under Section 26 of this
Agreement, then City shall be relieved of its insurance obligations
under this Agreement.
Section 8. Title, Risk of Loss an~ Registration of Minibus:
Title to the minibus is vested in the County and shall remain
~-20-1997 12:33 PALM B~ACH CTY ATTY aO? 555
vested in County during the term of this Agreement. City agrees to
use and operate the minibus in accordance with the terms,
conditions and requirements of this Agreement. Moreover, upon
delivery, City shall bear all risk of loss or damage to the minibus
during the term of this Agreement, and upon its expiration or
earlier termination, the City shall continue to bear such risk
until the minibus has been returned tO and accepted by County.
County will register the minibus leased hereunder and will maintain
the motor vehicle registration during the term of this Agreement.
The motor vehicle license plate will show that the holder of
the registration and license is the County. City shall conduct, in
a timely manner and at its sole expense, any inspections or tests
required for the maintenance or renewal of the minibus's motor
vehicle registration. Notwithstanding the County's obligations
hereunder, no liability will accrue to County if County shall fail
to renew any registration in a timely manner.
Section 9. Encumbrances: City shall provide and promptly pay
for all labor, materials, goods, services and equipment necessary
for the provision of its Vanpool Program (including the operation
of the minibus). City shall not grant any security interest in the
minibus to any person or entity, nor transfer or assign its
interest in this lease, in whole or in part, to another.
Neither the City nor its contractor shall permit any lien,
judgment, claim, or other encumbrance, of any nature whatsoever, to
be filed or foreclosed against Palm Tran, the County or the minibus
for any reason whatsoever, including but not limited to on account
of any labor, service, good, material, or equipment furnished or
installed upon the minibus. Neither the City nor its contractor
shall take any action which would adversely affect County's
interest in the minibus.
Section 10. Repairs and Maintenance: The City is solely
responsible for all service, repairs and maintenance of the minibus
and all equipment located thereon. All maintenance shall be
performed in accordance with the manufacturer's suggested
maintenance schedules, by appropriately certified or accredited
mechanics, at the City's sole expense. Only parts (including
tires) and equipment meeting the manufacturer's specifications
shall be installed on the minibus.
4
Section 11. Operators: The minibus shall be operated only by
safe, careful and legally qualified drivers having a proper
license. All drivers will have and maintain a commercial driver's
license and any other license or certification required by any law,
rule or regulation for the operation of the minibus.
City shall implement a dr~g and alcohol testing program that
complies with the rules and regulations of the U.S. Department of
Transportation, unless it shall contract with a third party for the
operation of the Vanpool Program and use of the minibus. In ~he
latter case, City shall require its contractor to implement said
drug and alcohol testing program.
Section 12. Americans w£th D£sahilities Act: To the exten~
required by law, City shall insure that the minibus is accessible
to the disabled, and that it is operated and maintained in
conformance with the Americans with Disability Act of 1990 (ADA),
as it may be amended from time to time, and all. federal rules and
regulations implementing the Ac~. No liability shall inure to
County, as a result of its ownership of the minibus, this lease, or
as a result of any failure, on the part of the City or its
contractor to comply with the ADA, and its implementing rules and
regulations. The parties agree that the obligation to save,
defend, indemnify, and hold harmless the County set forth in
Sections 24 and 25 of this Agreement shall include within its scope
any liability, arising under the ADA, which County may have, or
which may inure to County as a result of the acts of City or its
contractor.
Section 13. 'Pu]olic Purpose or Lawf=l Use: If at any time,
the County shall determine, in its sole discretion, that the use of
the minibus is not in accordance with the terms and conditions of
this Agreement, that it does not comply with any state, federal,
County, or municipal law, regulation or rule, or that it does not
constitute a valid public purpose, City shall, upon the request of
County, immediately return the minibus to County at a location so
designated by County. No liability shall accrue to County as a
result of any such determination by it and/or the early termination
of this Agreement.
Section 14. Public Transit System: The City represents and
warrants that it is the public entity providing the Vanpool
Program, and that the Vanpool Program is not nor shall it be
5
EEB-20-l~D? ~'= ~ALM BEACH CTY ATTY ~D9 5~5
construed to be a part of the County's public transit system. Ail
decisions regarding the service provided by the Vanpool Program,
including but not limited to, the areas within the City to'receive
service, the populations to be served, the hours of operation, and
the routes, shall be solely those of the City.
If the City shall determine that it no longer desires to
provide this Program, the minibus shall be returned to County in
accordance with the terms and conditions of this Agreement.
Section 15. No Agency Relationship. Nothing contained in
this Agreement nor any contract of City's shall create an agency
relationship between the County and the City or City's contractor.
Section 16. Notice of Accidents or Injuries: In the event
the minibus is, directly or indirectly, involved in an accident, or
any passenger or waiting passenger sustains an injury to property
or person, including death, attributable to the operation of the
Vanpool Program and the use of the minibus, the City shall
immediately notify its insurer and County of such accident or
injury. Upon the request of County, the City will provide all
information relative to the accident or injury, including but not
limited to the date, time, place, and circumstances, the names and
addresses of the people involved, the owners of property damaged,
description and value of property damaged, and the names and
addresses of witnesses. The City agrees to fully cooperate with
the County and Palm Tran in any investigation either may conduct,
the defense of any claim or suit in which County or Palm Tran is
named, and shall do nothing to impair or invalidate any insurance
coverage applicable to it and/or Palm Tran and the County.
Section 17. Stan4ar~ of Care: The City shall cause the
minibus to be operated with reasonable care and precaution to
prevent loss and damage because .of negligent or reckless use,
abuse, fire, theft, collision, or injury to persons or property.
Section 18. Compliance with Rules, Regulations, etc.: The
City shall comply with all regulations now or hereafter
implemented, promulgated or adopted by the County, U.S. Department
of Transportation, Florida Depaz"ament of Transportation, or any
other governmental en~i~y regulating the use and operation of the
minibus, its operator(s) or the activities of the passengers. The
minibus shall not be used in violation of any federal, state,
D~-20-199~ !2:5~ PALM BEACH C~ ATTY 40? 5DS 4598 P.08t'l~
county or municipal s~a~ute, law, ordinance, rule or regulation
applicable to its operation or use.
Section 19. Inspections: The City agrees that the minibus
and the areas where it is kept or maintained, and all parts'
inventories, insurance certificates or policies, maintenance and
complaint records or logs, and all other records, directly or
indirectly related to the operation of the minibus and the Vanpool
Program, shall be available for inspection by Palm Tran or the
County, their respective employees, servants, agents or
contractors, aZ any time. Further, City shall make the minibus
available for the installation of any equipment deemed necessary by
County. If requested by County, City shall install, at its sole
cost and ex~pense, any equipment provided to City by County.
Notwithstanding the foregoing, the City is solely responsible for
the operation and maintenance of the minibus and all equipment
located thereon. Nothing contained in this Agreement nor shall any
actions of the parties be construed to relieve the City of its
responsibilities under this section. City acknowledges that County
shall have no obligation ~o furnish or install any equipment for
the benefit of City or the users of the Vanpool Program.
Section 20. Condition of Vehicles: The City will, at all
times and at its sole expense, keep the minibus in good working
order, condition and repair, and shall upon expiration of this
Agreement, or its earlier termination, deliver the minibus and all
equipment, including replacements, accessions and improvements, to
County, in the same condition as received, less reasonable wear and
tear, and free from collision and damage. This obligation shall
include the removal and replacement of any paint not compatible
with County's color scheme for its transit vehicles. Ail costs to
restore and return the minibus to County shall be borne solely by
City. County shall have the right Uo inspect the minibus prior to
its return. If County shall fail, in its sole discretion, to
accept the condition of the minibus, City shall immediately, at its
sole cost and expense, undertake and remedy all deficiencies noted
by County.
Section 21. Maintenance an~ Availability of Kecords: The
City shall maintain records for each trip (from point of origin to
destination) indicating the number of passengers transported and
the mileage. Such records shall also indicate the total passenger
utilization and total mileage, on a daily basis, in the format
required by County. City shall submit to County, on a monthly
basis, a copy of said records.
The City and its contractor shall maintain all records
pertaining to the use, operation, maintenance, etc. of the minibus,
and the Vanpool Program for at.leasE three (3) years. Such records
shall be made available to the County upon request. The City and
its contractor shall comply with the requirements of Chapter 119,
Florida Statutes.
Section 22. Advertising: Neither the City nor its contractor
shall be permitted to use the minibus for any form of advertising.
City shall not allow any advertisements, placards, posters, or
statements to be placed upon the exterior of the buses. No
advertisements, or promotional or informational literature, of any
type, shall be placed within the minibus or distributed to the
passengers. Only information regarding the routes established for
the Vanpool Program, the hours of service, and other information
related to the Vanpool Program service may be placed within the
minibus or made available or distributed to passengers.
Section 23. Disclaimer of Warranty: It is understood between
the parties that County is not the manufacturer of the minibus or
any equipment associated therewith, or the agent of the
manufacturer, and that no warranty against patent or latent defects
in material, workmanship, or capacity is given. The County does
no~ warrant the minibus and any equipment furnished thereon as
being fit for a particular purpose. No oral or written advice from
Palm Tran, County or their respective, directors, officers,
employees, servants or agents, whether given before or after
delivery of the minibus shall create a warranty, and neither City
nor its contractor is entitled to rely on any such advice or
information.
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED; ARE GIVEN.
ALL W~IES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULA~ PURPOSE ARE EXPRESSLY EXCLUDED. COUNTY SHALL
NOT BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT OR
INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST
PROFITS, SAVINGS OR OTHER CONSEQUENTIAL, EXEMPLARY OR
INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT. COUNTY
SMALL NOT BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING
WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE,
8
F~B-20-~? ~2:3G PA~ ~CH CTf ATTY ~07 ~ ~398 P.10×l?
BASED UPON A CLAIM IN CONTRACT, TORT ( INCLUDING
NEGLIGENCE) , MISREPRESENTATION, STRICT LIABILITY OR
BREACH OF WARRANTY.
Section 24. Hold Harmless and Indemnification: City agrees
to Drotect, defend, reimburse, save, indemnify and hold the County
and Palm Tran, their successors or assigns, and their respective
directors, officers, employees, servants and agents, free and
harmless at all times from and against any and all suits, actions,
damages, liabilities, interest, attorneys' fees, costs and expenses
of whatsoever kind or nature arising out of its use, possession and
operation of the minibus or City's Vanpool Program, and whether
directly or indirectly caused, occasioned or contributed to, in
whole on in part, by reason of any act, omission, fault or
negligence of City, arising out of or incidental to the performance
of this Agreement.
City's hold harmless and indemnity oblige=ions shall apply to
the fulles~ extent permitted by law. However, City and County
agree that City's indemnity and hold harmless obligations shall not
extend to or encompass the negligent and/or wrongful tortious acts
or omissions of its contractor or any other party.
City's obligations hereunder shall knclude and encompass any
liability which may inure or accrue to Co~.~ or Palm Tran under
the Florida Dangerous Instrumentality D~c~rine_ / as a result of
County's retention of title to the mi~i,~us.
In no event, shall anlrahing contained in this Agreement, act
as a waiver of the immunities granted to'cities and counties under
the Florida Constitution and Section 768.28, Florida Statutes.
Section 25. Contractor's Indemnity Obligations: In the event
City shall contract with a third party for the use of the minibus
or operation of the Vanpool. Program, City shall require such
contractor to save, defend, indemnify and hold harmless City,
County and Palm Tran, their respective directors, officers,
employees, servants or agents from any and all liability which
might inure to City, County or Palm Tran. City shall include the
following provisions in any such con=fac= with a third parny:
Contractor agrees tO protect, defend, reimburse, save,
indemnify and hold the City, County and Palm Tran, their
FEB-20-199? ~2:]? PRLM SE~CH CTY ~TT¥ AO? ]~ ~98 P.11/t?
successors or assigns, and their respecuive directors,
officers, employees, servants and agents, free and
harmless at all times from and against any and all suits,
actions, damages, liabilities, interest, attorneys' fees,
costs and expenses of whatsoever kind or nature arising
out of its use, possession, operation and maintenance of
the minibus or the Vanpool Program, and whether directly
or indirectly caused, occasioned or contributed to, in
whole on in part, by reason of any act, omission, fault
or negligence whether active or passive, of City, Palm
Tran, or County, or anyone acting u//der City's, County's
or Palm Tran's direction or control, or on their joint
behalf.
The Contractor further agrees to indemnify, defend, save
and hold harmless the City, County and Palm Tran, their
respective directors, officers, agents, servants and
employees from and against any claim, demand or cause of
action, of whatsoever kind or nature arising out of any
conduct or misconduct of the Contractor not included in
the paragraph above and for which the City, County, or
Palm Tran, or their respective directors, officers,
agents, se-~-vants Or employees are alleged to be liable.
Contractor's hold harmless and indemnity obligations
shall apply to the fullest extent permitted by law.
Contractor's obligations' hereunder shall include and
encompass any liability which may inure or accrue to
County or Palm Tran under the Florida Dangerous
Instrumen=ality Doctrine as a result of County's
retention of title to the minibus.
Contractor's liability may exceed the limitations
established for s=ate agencies and subdivisions as
defined under Section 768.28(2), Florida Statutes
Any compromise or settlement of any claim, or
satisfaction of judgment by Contractor for i~self or
City, County or Palm Tran shall not relieve Contractor of
its obligations to any entity not included within or made
a party to such settlement or satisfaction.
Section 26. Insuxance: The City agrees to insure, or to
!0
FEB-20-!99? 12:57 PALM BEACH CTY ATTY 40? 555 4398 P.12/!?
require its contractor to insure, the minibus for fire, theft,
bodily injury and death, property damage, collision and liability,
and to maintain the coverage required, during all times this
Agreement is in effect, including any renewal thereof, and until
the minibus has been returned to and accepted by County, in
accordance with the following requirements:
A. All insurance policies shall be issued by companies
authorized to do business in the State of Florida. City
shall furnish certificates of insurance to the County's
representative prior to City's receipt of the minibus.
The certificates shall clearly indicate that the City has
obtained insurance of the type, amount, and class-
officiation as required for strict compliance with this
section, and that no material change or cancellation of
the insurance shall be effective without thirty (30) days
prior written notice to the County's representative.
Compliance with the foregoing requirements shall not
relieve the City of its iiability and obligations under
this Agreement.
B. The City shall maintain during the life of this
Agreement, commercial general liability, including
contractual liability insurance in the amount of one
million dollars ($1,000,000.00) per occurrence to protect
the City, County and Palm Tran from' claims for damages
for bodily and personal injury, including wrongful death,
as well as from claims of property damages which may
arise out of or relate, in any manner, to the use of the
minibus or operation of the Vanpool Program, whether such
use or operation of the Vanpool Program be undertaken by
the City, its contractor or anyone directly employed by
or. contracting with the City or its contractor.
C. The City shall maintain during the life of this
Agreement, and any renewal thereof, comprehensive
automobile liability insurance in the minimum amount of
one million dollars ($1,000,000.00) per occurrence to
protect the City, County and Palm Tran from claims for
damages for bodily and personal injury, including death,
as well as from claims for property damage, which may
arise from the lease, use, maintenance or operation of
the minibus or Vanpool Program whether such use,
li
~EB-20-1997 12t]8 PALM B~ACH CTY ATTY 48? ~55 43D8 P.!3/1-
maintenance or operation be by the City or anyone
directly or indirectly employed or whose services have
been contracted for by the City. Immediately upon the
request of County, City shall increase the policy limits
and/or expand the coverage, at its sole expense, if the
County determines, in its sole discretion, that such is
necessary.
D. The City shall maintain during the life of this
Agreement, adequate Workers' Compensation Insurance and
Employer's Liability Insurance in at least such amounts
as are required by law for all of its employees, or shall
puovide proof of adequate self-insurance.
E. Ail insurance other than Workers' Compensation to be
procured and maintained by City, shall be a~ its sole
cost and expense, and shall specifically include the
County and Palm Tran, and ~heir successors or assigns as
"additional insureds."
City further agrees that it shall include in any third party
contract, allowing use of the minibus or operation of the Vanpool
Program, the insurance requirements described in this section, and
that said requirements shall become obligations of City's
contractor. During all times that City's contractor provides and
maintains the insurance required in this section, City shall not be
obligated to provide and maintain insurance in addition to'that
provided by its contractor.
Any insurance policy obtained by City's con~ractor for
compliance with this section shall be maintained at all times
during the term of this Agreement, any renewal thereof, and until
the minibus has been returned to and accepted by County.
Furthermore, all insurance required of City's contractor shall
specifically include the City, County and Palm Tran as "additional
insureds."
In no event, shall anything contained herein act as a waiver
of the immunities granted to cities and counties under the Florida
Constitution and Section 768.28, Florida Statutes.
Section 27. Notice of Suits, etc.: The City shall promptly
deliver to County and Palm Tran at Building S, 1440 PBIA, West Palm
12
12:38 PALM B~ACH CTY ATTY 487 355 4598 ;:. 14/17
Beach, Florida, 33406, copies of any and all papers, notices,
summonses, processes and any other documents whatsoever, sei-ved
upon or delivered to City or City's agents, employees, or
contractor in connection with any claim, suit, action or proceeding
at law or in equity commenced or threatened against City, County or
Palm Tran, that arise out of or relate, in any manner to the
ownership, maintenance, use or operation of the minibus or the
Vanpool Program.
Section 28. Default and Termination: The County may
terminate this Agreement with cause immediately upon written notice
to the City. Notwithstanding the foregoing, the County will
endeavor to provide City with thirty (30) days written notice prior
to termination. However, if City or its contractor shall fail to
maintain the insurance required by this Agreement or City shall
fail to perform any other provision of this Agreement deemed
material by County, the parties understand that the County may
immediately terminate this Agreement. The County may terminate
this Agreement without cause upon notice to the City at least sixty
(60) days prior to the effective date established by dounty for its
termination. The City may terminate this Agreement with or without
cause upon five (5) days notice to County.
Section 29. Proh.{~ition of Discrimlna=ion: The City
represents and warrants that neither it nor its contractor will
discriminate in the performance of this Agreement. The City
further represents and warrants that both the City's and its
contractor's employees and the members of the. public utilizing
City's Vanpool Program will be treated equally and without regard
to race, sex, sexual orientation, color, religion, disability,
handicap, age, marital status, national origin or ancestry.
Section 30. Aeeig-ment: Neither this Agreement, nor any
interest herein, shall be assigned, conveyed, transferred or
otherwise encumbered, in whole or in part, by City without the
prior written consent of County. Moreover, City shall not convey,
assign or otherwise encumber the lease granted hereunder, or any
lesser interest arising out of the lease. Notwithstanding the
above, the City may contract with a third party for the operation
of City's Vanpool Program. City shall insure that any such
contract shall require such contractor to meet and comply wi~h all
of the City's obligations hereunder, except as otherwise expressly
required in this Agreement.
13
~'E'B-20-1997 12:59 PALM B~ACH CTY ATTY ~O'Z 355 ~398 P.1S/~T
Section 31. Remedies.: This Agreement shall be construed by
and governed by the laws of the State of Florida. Any and all
legal action necessary to enforce this Agreement, or relating in
any manner to the use of the minibus or operation of City's Vanpool
Program will be held in Palm Beach County'. No remedy herein
conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and
shall be in addition to every'other remedy given hereunder or now
or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 32. Enforcement Costs: Any costs or expenses,
including reasonable attorney fees, associated with the enforcement
of the terms and conditions of this Agreement shall be borne by the
respective parties.
Section 33. No Waiver: No waiver of any provisions of this
Agreement shall be effective unless it is in writing and signed by
the party against whom it is asserted. Any such written waiver
shall only be applicable to the specific instance to which it
relates and shall not be deemed a continuing or future waiver.
Section 34. Captions: The captions and section designations
herein set forth are for convenience only and shall have no
substantive meaning.
Section 35. Joint Prmparation: The preparation of this
Agreement has been a joint effor~ of the parties, and the resulting
document shall not, solely as a matter of judicial constraint, be
construed more severely against one of the par~ies than the other.
Section 36. Severa~ili=y: Should any section, paragraph,
sentence, clause, or provision hereof be held by a court of
competent jurisdiction to be invalid, such shall not affect the
remaining portions of this Agreement.
Section 37. EnCirety of Contract an~ Mocllfica=ions: The
County and City agree that this Agreement sets forth the entire
agreement.between the parties, and that there are no promises or
understandings other than those stated herein. No modification,
amendment or alteration in the terms or conditions contained herein
14
~EB-20-1997 12:~0 PALM B~ACH CTY ATTY ~07 555 ~1598 e. 16zl?
shall be effective unless contained in a written document executed
with the same formality and equality of dignity herewith.
Section 38. Notice: All written no~ices required under ~his
Agreement shall be sent by certified mail, return receipt requested
to:
As to the County: As to the City:
Director of Palm Tran City Manager
Building S - 1440 PBIA City of Delray Beach
West Palm Beach, FL 33406 !00 N.W. lS~o Ave.
Delray Beach, FL 33444
Each party may desi.crnate another for receipt of notices, and change
its address upon noZic~ to the other.
Section 39. Execution: This document shall be executed in
four (4) counterparts, each of which shall be deemed an original.
Section 40. Fili~: A copy of thi~ Agreement shall be filed
with the Clerk of the Circuit Court in and for Palm Beach County.
(P~E~AINDER OF PAGE INTENTIONALLY LEFT BLANK)
15
FEB-20-1997 i2:~I0 PALM BEACH CTY AT'FY 40? 555 4598
IN WITNESS W~EREOF, the City and County have hereunto set
their hands the day and year above written.
At,est: PALM BEACH COUNTY, FLORIDA, BY
Dorothy H. Wilken, Clerk ITS BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chairman
(SEAL)
Attest: CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Mayor
(SEAL)
Approved as to form and legal sufficiency
County Attorney City Attorney
G:\...\eng\~raney\a~lelray.p=l
F{~al - Date~ Febrt~ary 20, 1995
16
TOTAL P.i?
~ FPB-28-1997 09:54 PALM BEACH CTY ATTY 40? 555 4~98 P.02707
FO~ ~ PROVI~I~ OF O~ ~NIBU~
THIS INTERLOCAL AGrEEmeNT ~S made and entered into this
day of , 1997, by and between Palm Beach County,
Florida, a political~'subdivision of the State of Florida, by and
through its Board of County Commissioners (referred to hereinafter
as ."County") and the City of Delray Beach, a Florida municipal
corporation, by and through its City Commission (referred to
hereinafter as "City").
WITNESSET~
WHEREAS, the Ciny has implemented a program designed to
provide employment opportunities and ~obs to ins citizens, and to
transport individuals who.have obtained employment to their job
locations; and
WHEREAS, the City has expressed a desire to lease from County,
one "minibus, to be used for this program as a "vanpool," an
established alternative ~orm of public transportation; and'
WHEREAS, the City represents that the minibus will be used to
transport those individuals who have.successfully obtained work, to
their jobs (such use referred to hereafter as "Program" or ,Vanpool
Program")~ and
W~EAS, the City has de=ermined that it will.implemen= this'
Vanpool Program within defined areas of the City's urban core where
there is the greatesn need for such a program and the greatest
likelihoo~ o[ successful imp!ementation~ and
WHEREAS, the County finds that the provision of one minibus to
the City for use in the' City's Vanpoo! Program will assist the
individuals residing in' urban core areas by 'providing an
alternative means of transportation, to ~ob sit~'s; and
w~r~REAS, the County further finds that City's Van. pool Program
'1
02/28/97 FRI 09:22 [TX/RX NO 7/146]
~EB-R8-1997 09:54 PALM BEACH CTY ATTY 40? 355 4398 P.03/07
wlii improve and enhance urban core areas by p~oviding economic
opportunities, reducing traffic congestion, and facilitating a
"=lean air" environment; and .
WHEREAS, =he City and County have determined that the Vanpool
Program described herein constitutes a valid public purpose.
NOW, THErEFOrE, in consideration of the mutual terms,
conditions, promises, covenants, and obligations set forth herein,
the County and City agree as follows:
Section 1. Incoz-po~ation of Facts: The facts set forth
above, in the preamble to this Agreement, are true and correct and
incorporated into ~his Agreement by reference.
Section 2. Purpose: The' purpose of this Agreement is to set
forth'the various duties, rights and obligations of the parties
regarding' the County's provision of one minibus to ~hs City, and
the City's use of the minibus in its Vanpool Program.
Section 3. Representatives: The County's representative
~uring the performance of =his Agreement is Irving Cure, Director
of Palm Tran, whose telephone number is (561) 233-1166. The City's
representative during the performance of this Agreement is David
Harden, .City Manager, whose telephone number is (561) 243-7010.
Section 4. Co=veyance of and Title to t~e M£mibus: The
County hereby .agrees to convey to 'City one (1) "minibus" to be
further described by the parties in the document attached hereto as
Exhibit A to this Agreement. The minibus shall be used for ~he
purposes 'described herein or such Other lawful public purposes
approved by the County. Title to the minibus shall be vested in
City subject to the following conditions (and interest) retained by
County:
If at any time City eliminates its Vanpool Program,
ceases to use the minibus' for the Vanpool Program
purposes contemplated hereu/%der, uses the minibus for any
non-public purpose, uses the minibus for any other public
purpose not approved by the County, or City determines
that it no longer desires to retain' ownership gf the
minibus', then City shall-, upon the request of county,
immediately convey or cause title to the minibus to be
2
02/28/97 FRI 09:22 [TX/RX NO 7846]
H~B-28-1gg? 09:35 PALM BEACH CTY ATTY 40? 355 4398 P.O4xO?
conveyed, free and clear of all encumbrances, to the
County.
So long as the vehicl~ shall be owned by City and used in
accordance with the provisions of this section, title to the
minibus shall remain vested in.the City. If city shall violate any
of the conditions described above, causing County to request the
return of the minibus, then upon notice of such request, City shall
deliver the minibus to County, at a location designated for ~uch
purposes by County, and shall simultaneously convey title'to the
minibus to County 'free an~ clear of all encumbrances.
Section 5. Encumbrances= City shall not grant any security
interest in the minibus to any person or entity, nor transfer or
· assig~ its interest in the minibus, in whole or in part to another.
Section 6. Public Tra~Bit System:. The. City represents and
warrants, that it is the public entity providing the Vanpool
Program. 'Decisions regarding the service.provided by the Vanpool
Program, including but not limited to, the areas within the City to
receive service, the populations to be served, the hours of
operation and thc routes, shall be made by the City.
Section 7. Prohi~ition ~£ Diecrim~,nat£on: The City
represents that it will not discriminate in the performance of this.
Agreement and that its actions, as they relate to'the use of the
minibus, will be undertaken without regar~ to race, sex, sexual
orientation, color, religion, disability, handicap, age, marital
status, national origin or ancesnry.
Section 8. Assi~nment: Neither'this Agreement, nor any
'. interest herein, sh~ll be assigned, conveyed, transferre~ or
otherwise encumbered, in whole or in part, by City without the
prior written consent of County.
Section 9. R~medies: This Agreement shall be construed by
and 9overned by the laws of the State of Florida. Any and all
legal action necessary to enforce tBis Agreement, or relating to
the use of the minibus or the'operation of.City,s Vanpool Program
will Be held in Palm Beach'County.
Section 10. No Waiver: No waiver of any provisions of this
Agreement shall be effective unless it is in writing and signed By
02/28/97 F"~RI 09:22 [TX/RX NO 7846]
FEB-28-1997 89:35 PALM BEACH CTY ATTY 40? 355 4398 P.OS/O?
the party against'whom it is asserted. Any such written waiver
shall only be applicable to the specific instance to which it
relates and shall not be deemed a continuing or future waiver.
Section 11. Captions: The captions and section designations
herein set forth are for convenience only and shall have no
substantive meaning.
Section 12. Joint Preparation: The preparation of this
Agreement has been a joint effort of the Parties, and the resulting
document shall not, solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
section 13. ~ntirety of contract an~. Mo~i~ications: The
County and City agree that this Agreement sets forth the entire
agreement Between the parties., and that there are no promises or
understandings other than those stated, herein. No modification,
amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed
with the same formality and equality of dignity herewith.
Section 14. Notice: Ail notices required under this
Agreement shall be-sent by certified mail, return receipt requested
to:
As to the County: As to the City:
Director of Palm Tran City Manager'
Building S - 1440 PBIA City of Delray Beach
west Palm Beach, FL 33406 100 N.W. 1st. Ave.
Delray Beach, FL 33444
Each party may designate another for receipt of notices, and change
its .address upon notice to the other.
Section 15. Execution: This document shall be executed in
four (4) counterparts, each of which shall be deemed an original.
'Section 16. Filing: A copy of this Agreement shall be filed
with the' Clerk of the Circuit Court in an~ for Palm Beach County.
4
02/28/97 FRI 09:22 [TX/RX NO 78461
~EB-28-1997 09:35 PALM BEACH CTY ATTY 40? 355 4398 P.06×07
IN WITNESS WHeReOF, the city an~ County have hereunto set
their han~s the day and year above wri=nen.
Attest: PALM BEACH COUNTY. FLORIDA. BY
Dorothy H' Wilken. Clerk ITS BOARD OF COUNTY COMMISSIONERS
By: By:
Depu=y Clerk chairman
(S~AL)
Attest: CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
(SEAL)
Approved as to form and legal sufficiency
'By: By:
County Attorney City ~ttorney
G:\..-\eng\araney\adelra¥.p:3
Draft - Da~ed Fe~ruar~ 29. 1997
02/28/97 FRI 09:22 [TX/RX NO 7846]
FEB-28-199? 09:56 PALM BEACH CTY ATTY 40? 555 4598 P.07/07
. ! EXHIBIT 'A'
DELIVERY AND ACCEPTANCE OF VEHICLE
DATE:
County has delivered to City, and City has accepted the following vehicle ta be used
only in accordance with that certain Interlocal Agreement between Palm Beach County,
Florida and the City of Delray Beech for the Lease of One Minibus.
Vehicle DeS. cr~pfion:.
Make
Model
Year
YIN #
Capacity
Engine Type & # .....
Equipment
Condition' new used
Odometer reading ..
City acknowledges that it has inspected the vehicle and that it has accepted it in. good
and satisfactory condition. City acknowledges that the minibus and its installed
equipment is of a size, design, capacity, construction and manufacturer satisfactory to
City and suitable for City's intended use. County has not made and does not make any
~presentation, warranty, or covenant, express or implied, with respect to the fitness,
merchantability, design, construction, capacity, suitability or performance of the minibus
and equipment provided hereunder.
City of Delray Beach' Palm Beach County, Florida
By: By:
" David T. Harden, City Manager Irving Cure, Director
Surface Transportation
Date Date
G;~ OIdMO N~W~:~ATAtENGt, I~U~IR~VE H I CI,.E. DOC
TOTAL P.O?
02/28/97 FRI 09:22 [TX/R~ NO 7846]
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF MARCH 4, 1997
WORKSHOP WITH THE CODE ENFORCEMENT BOARD
DATE: FEBRUARY 27, 1997
Attached is a letter from Beril Kruger, Chairman of the Code
Enforcement Board, requesting a work session with the City
Commission. Mr. Kruger mentions the March workshop date as a
possibility.
Since we are having an election this year, the March workshop
will be held on Wednesday, March 12, 1997. It has also been
suggested that it might be more appropriate to schedule such a
workshop for April so that the incoming Commissioner would be
seated.
Commission direction is requested.
ref:agmemo5
February 14, 1997 2:11 PM From: B Kruger Plan Zoning Fax #: 561- 265-4611 Page 2 of 2 ..'/
Ii rlJ krff r plan_nlng and zoning consultant
mzonlng
~ conditional Ule
~clal exc~on~
lite p~n approval
annexations
~Lu~ ~tler FEB 1 1997 =omp
Director of Community Improvement amendment,
)0 N. W. 1" Avenue (~ITY ~" .... ' ~r.~-
~ ~~ ~~,ray Beach, Florida 33444
palm ~ch
~ ~E: CiTY COMMISSION WORKSHOP- MARCH 11, 1997
daae &
I am ~,kin~ gout ~i~t~n~ in ~ottin~ up ~ work,hop m~,tin~ b~tw~,n th~
finfor~m~nt ~o~rd ~nd 8t~ff} h~d ~n ~nim~t,d di~u~ion b,fom ~djouminfl
~nd th~ l~r I r~c~N,d from tho M~or. Som~ Board m~m~,r~ ~r, ~till not
~uro about our purpo~ ,nd in~nl. Th,~ {~1 ~o n~d th~ ,u~po~ of th,
Cit~ Commission ~nd wh,t th~ Commission ~nt~ ~rom th, Bo,rd.
~orma ~mith informed m~ of a March 11, ~ ~07 ~itg Gommi~ion
~nd wou~d it b, po,~ibl, for th~ Cod~ finforo~m,nt ~rd to b~ ~eh~dul~d for
that m~,tinfl~ W~ will n~d P~nW o~ tim~ ~ino~ th~m ~m~ to b~ ~
of discussion m~,rdino ~h~t w, h~w b**n doinfl in th, ~t ~nd ~hat
will b~ doinfl in th~ futura.
M~ r~on ~o ~ on · CiW ¢ommi,~ion Work~ho~ i~ b~eau~ w~ h~d invited
th~ ~ommi~ion to our wo~k~ho~ in th~ ~t ~nd onl~ t~o or thm~
Commi~ion~r~ h~d ~nd~d. ~1,o, th~ ~ublie ~tt~nd~ lh~ m~tin~ ~nd
th~ ~ublio n~d~ to b~ ~u~t~d o{ our ~r~ ~nd
Ber~ Kruger
BK/aa
CC: Norma Smith, Code Enforcement Board Clerk
9 northeaat 16th atreet* delray beach, florida ' (561) 265-4983 * fax (561) 265-4611
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'I
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 4, 1997
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD
DATE: FEBRUARY 27, 1997
Pat Healy-Golembe has submitted her letter of resignation from the
Historic Preservation Board creating a vacancy to fill an
unexpired term ending August 31, 1997.
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. In addition, and providing there are applicants, the City
Commission shall appoint professional members from the fields of
architecture, landscape architecture, history, architectural
history, licensed contractor familiar with restoration, planning,
archaeology or other historic preservation related fields such as
design, urban planning, American studies, American civilization or
cultural geography. Laypersons of knowledge, experience and
judgment who have an interest in historic preservation shall
compose the balance of the board. Preference should be given to
individuals who own property within historic districts or whose
property is individually listed in the Local Register of Historic
Places.
Attached is the list of applicants which has been categorized into
those persons owning property in an historic district and other
applicants.
A check for code violations and/or municipal liens was conducted.
None were found.
The appointment will be made by Mayor Alperin (Seat #5).
Recommend appointment of a member to the Historic Preservation
Board to fill an unexpired term ending August 31, 1997.
ref: agmemo2
Applicants for Historic Preservation Board
Reqular Meetinq of March 4, 1997
Persons owning property within an historic district:
Shane Ames (architect, Del Ida Park)
Cecil A. Jamison (architectural drafting, Del Ida Park)
Mary Lou Jamison (interior design courses, Del Ida Park)
Frank Rozzo (layperson, Old School Square)
Other applicants:
Bonnie Ansbacher (interior design)
Janet Baron (layperson - real estate background; currently
serving as a regular member on Board of Adjustment)
Richard Brautigan (architect; currently serving as a regular
member on Board of Adjustment)
Robert Brewer (layperson, architectural studies)
Ron Brito (contractor; currently serving on Board of
Construction Appeals; owns property in Delray)
Anthony Damiano (layperson leasing historic house)
Gloria Elliott (layperson)
Joe Farkas (layperson)
Sharon Fowler (geography; xeriscape advisor; planning
courses)
Ruth Hauser (geography/planning degree)
George Maso Jones (layperson - realtor; currently on the
Affordable Housing Advisory Committee)
Tony Keller (resides in historic district; general
contractor)
Gall-Lee McDermott (art major, architectural courses)
Ralph Morse (layperson - photography)
Rhonda Sexton (interior design)
Gregory E. Young attorney)
ealy esig? , ssociates
278-2921
January 31, 1997
Mayor Jay Alperin
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Mayor Alperin,
Regrettably, I find that I must submit my resignation as a member of the Delray
Beach Historic Preservation Board, effective January 31, 1997. I am currently
serving also as a trustee of the Historic Palm Beach County Preservation Board,
and have been informed by the Governor's office that Senate confirmation cannot
proceed so long as I hold an appointment on the city board.
I have enjoyed working on the Delray Beach Historic Preservation Board and feel
that I have made a contribution to the city's preservation effort. However, it seems
that state law prevents me from continuing. ! would be happy to have the
opportunity to be reappointed to the Delray Beach Historic Preservation Board if
there is a change in present law or when my term on the county board expires.
Thank you for your cooperation in the past and please extend my gratitude to the
other commission members. With kindest regards.
Sincerely,
Pat Healy-(~ole~be
cc: David T. Harden, City Ma_nager
Pat Cayce, Preservation Planner
Ann Revell, Governor's office
19 ANI)RE\~'5 AVENI'E · I)ELILAY BEACH. FLORIDA 33483-7001
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 4, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
(1) As indicated in the agenda packet delivered on Friday,
attached are the Minutes of the Regular Meeting of February
18, 1997.
(2) Delete Item 7.C. .~Presentation/David Schmidt). Attached is
Mr. Schmidt's request for postponement.
(3) Attached is additional information pertaining to Item 9.D.,
Traffic Study Costs/Conversion of One-Way Pairs to Two-Way
Traffic.
(4) Add Item 9.L. to the Regular Agenda, as follows:
L. Elimination of State Housinq Initiative Housinq (SHIP)
Traininq Fund: Consider authorizing the Mayor to send
letters on behalf of the City Commission strongly
urging State Legislators not to cut the Department of
Community Affair's current State Housing Trust Fund
budget spending authority for the Catalyst Program or
eliminate a funding source for the out-sourcing of the
Catalyst Program's technical assistance.
(5) Add Item 9.M. to the Regular Agenda, as follows:
M. March Workshop Meeting: Consider cancelling the
workshop session currently scheduled for Wednesday,
March 12, 1997.
~,1~_~ ~ /¢'//'x'Z ~"(' Florida League of Cities, Inc.
Presider}t
Jin~ Naugl~ ~:V-~,~i 201 West Park Avenue
Post Office Box 1757
Mayor, Fort Lauderdale Tallahassee, FL 32302-1757
- Telephone (904) 222-9684
First Vice President ~/'../~..~/. Suncom 278-5331
Samuel J. Ferreri FAX (904) 222-3806
Mayor, Greenacres
Second Vice President =: ......
David Rigsby
Mayor, DeLand - -- - -
February 14, 1997 ~ ~ 8 ~
Honorable Jay Alperin
Mayor, City of Delray Beach
100 N.W. 1 st Ave.
Delray Beach, FL 33444
RE: Elimination of State Housing
Initiative Housing (SHIP) Training Fund
Dear Mayor Alperin:
The Florida Department of Community Affairs (DCA), in response to a request from the
Florida Senate for state agencies to cut their budgets by 10 percent, is proposing to cut the
Catalyst Program's current funding source that was created as part of the SHIP legislation
(enacted in the William E. Sadowski Act in 1992). The Catalyst Program was
specifically established to require the DCA to be responsible for securing the necessary
expertise to provide specialized technical support to local governments to implement the
HOME Partnership Program and SHIP. The Catalyst training is to be targeted to staffs of
local governments, of state agencies, as appropriate, and to community-based
organizations, and to persons forming such organizations, which are formed for the
purpose of developing new housing and rehabilitating existing housing which is
affordable for very-low-income persons, low-income persons, and moderate income
persons.
Therefore, the DCA is proposing to eliminate its spending authority from the State
Housing Trust Fund, at the current spending level of $375,000 for the Catalyst Program,
and has proposed to find other block grant 'funding sources that permit spending funds in
this subject area. The DCA is not clear where or how it will access these funds or if said
funds will be available nor can it confer that it has the expertise "in-house" to provide the
specialized SHIP technical assistance. The League urges municipal governments to write
or call the following key Legislators:
At-Large: William Evers, Mayor, Bradenton · Mary Johnson, Commissioner, Orange County ,, Alexander Penelas, Commissioner, Metro-Dade County . Eric Smith, Councilman,
Jacksonville · Ilene Lieberman, Mayor, Lauderhill · District Directors: A. O. Campbell, Mayor Pm Tern, DeFuniak Springs . Brenda Hendricks, Mayor, Parker · Glenel Bowden,
Councilman, Lake City · Jack Hayman, Sr., Mayor, Edgewater · Vacancy · William Copelan(l, Mayor, Archer · Paula DeLaney, Commissioner, Gainesville ,, John Lan(l,
Mayor, Apopka · Robert Breaux, Mayor, Maitland · Sa(lye Gibbs Martin, Commissioner, Plant City · Frank R. Satchel, Jr., Mayor, Mulberry · Jean Halvorsen, Commissioner,
Largo · Walter Stubbs, Mayor, Treasure Island · Rocky Randels, Mayor Pm Tern, Cape Canaveral · Davi(l Schechter, Mayor, Satellite Beach · Kevin Henderson,
Commissioner, Stuart · Nors Patterson, Commissioner, Sarasota · Richard Bashaw, Councilmemper, Ft. Myers · Steven Abrams, Councilman, Boca Raton · Jeff Koons,
Commissioner, West Palm Beach · Gale M. English, Mayor, Mangonia Park · Carmela Starsce, Councilwoman, Royal Palm Beach · Norman Abramowltz, Mayor, Tamarac
· Alex Fekete, Mayor, Pembroke Pines · Sam Goldsmith, Vice Mayor, Coconut Creek · Thomas Hasis, Commissioner, Lighthouse Point · Robert Marks, Vice Mayor, Parkland
· Dan Pearl, Commissioner, Sunrise · Ruth Campbell, Councilman, Homestead · John Kurzman, Councilman, North Miami Beach · Helen Miller, Commissioner, Opa-Locka
· 10 Largest Cities: E. Denise Lee, Councilperson, Jacksonville · J.L. Plummer, Jr., Commissioner, Miami · Dick Grsco, Mayor, Tampa · Leslie Currsn, Councilperson,
St. Petersburg · Raul Martinez, Mayor, Hialeah · Carlton Moore, Commissioner, Ft. Lauderdale · Glenda Hoo~, Mayor, Orlando · Ron Weaver, Mayor, Tallahassee ·
Mars Glullanti, Mayor, Hollywood · Rite J. Carney, Mayor, Clearwater · Past Presidents: Larry L. Schultz, Councilman, Rockledge · Clarence E. Anthony, Mayor, South
Bay · FCCMA: David Farber, Royal Palm Beach · Michael Sittio, Executive Director · Harr~ Morrison. Jr.. General Counsel
Honorable Jay Alperin
February 14, 1997
Page Two
*Senator Donald Sullivan, Chairman of Senate Ways and Means at 336 Senate Office
Building, Tallahassee, Florida 32399-1100, telephone (904)487-5065
*Senator W.D. Childers, Chair of Senate Ways and Means, General Government
Subcommittee at 205 Senate Office Building, Tallahassee, Florida 32399-1100, telephone
(904)487-5000.
*Representative Rodolfo Garcia, Jr., Chair, Fiscal Responsibility Council, 221 The
Capitol, Tallahassee, Florida 32399-1100, telephone (904) 487-2197.
*Representative Sharon J. Merchant, Transportation and Economic Development
Committee, Chair, 221 The Capitol, Tallahassee, Florida, 32399-1100, telephone
(904)488-0322.
In your correspondence or during your telephone conversations with Legislators, please
strongly urge the Legislators not to cut DCA's current State Housing Trust Fund budget
spending authority for the Catalyst Program or eliminate a funding source for the out-
sourcing of the Catalyst Program's technical assistance. Please also explain to the
Legislators how your local government utilizes the Catalyst Program.
Additionally, there does not appear to be a rational nexus between removing DCA's
budget authority to access Catalyst funds from the State Housing Trust Fund, particularly,
since the Sadowski Act's funds are collected from the documentary stamp that was
legislatively created to fund affordable housing and associated training programs as part
of the Sadowski Act.
Your support in protecting the Catalyst Program funding source, as well as the provision
of out-sourcing, technical assistance consistent with current law is important to the
success of the SHIP program. Catalyst technical training is even more critical since there
will likely be legislation this session to modify the SHIP program; thus, requiring
additional technical assistance to educate local governments of the new requirements.
Thank you for contacting these key Legislators on this important affordable housing
issue. Should you have any questions regarding this legislative request, please contact
Darcy A. Foster at the League.
Sincerely,
Kelvin J. Robinson
Legislative Director
KJR/DAF
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 4, 1997 - 6.:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM #2
THE AGENDA IS FURTHER AMENDED AS FOLLOWS:
(1) Attached is additional information pertaining to Item 9.D.,
Traffic Study Costs/Conversion of One-Way Pairs to Two-Way
Traffic.
(2) Add Item 9.N~ to the Regular Agenda, as follows: /
/
(N) T~mporary Use Permit for ~t~eet Closure/~alm Square:
Consider a request from the ~ue Anchor restaurant for
a temporary use permit to close Palm Square (from
Atlantic Avenue to the parking lot entrance at Busch's)
on Saturday, March 15, 1997, from approximately 1:30
p.m. to 7:00 p.m.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~ Robert^. Barcinski
Assistant City Manager
DATE: March 4, 1997
SUBJECT: Agenda Item #c~/V' city_ Commission Meeting March 4, 1997 Street
Closure Request - Blue Anchor
Actiorl
City Commission is requested to consider a request from the owner of the Blue Anchor,
Mr. Harrison, to permit the closure of Palm Square from Atlantic Avenue to the parking
lot entrance to Bushes on Saturday, March 15, 1997 from approximately 1:30 p.m. to
7:00 p.m.
Background
The attached request was received today. Mr. Harrison has had a band from Ireland
who will be playing this date from 2:00 p.m. to 6:30 p.m. in conjunction with the Saint
Patrick's Day Parade. The band will be set up on the sidewalk area which is part of the
Blue Anchor property. However, our past experience during Art and Jazz events is that
people congregate in the street creating a safety problem.
If Commission decides to approve the closure, staff requests the owner be required to:
1. Here and pay one (1) police officer at time and a half for crowd control.
2. Pay for City employees to place and remove barricades in the street.
3. Require letter waiver of consumption of alcohol in closure area.
The estimated cost for overtime to provide these services is $300.00.
Recommendation
Staff recommends consideration of the request to closure Palm Square on March 15,
1997 from 1:30 p.m. to 7:00 p.m. with staff recommendations.
RAB:tas
File: u:sweeney/agenda
Doc:blueanch.doc
Marjorie Ferret
Downtown Joint Venture
Delray B~aeh. FL 334g~ BLuE
ANCHOR
March 1, 1997 s ~s,^u~
Congratulations on making it suoh a great season so far{ We're looking forward to even
more success before the snowbirds begin returning home after Ea.s~er.
The Blue ^richer British Pub is clearly going to be one of the focal points during the
upc, oraing St. Patrick's Day weekend, March 15,17. With that in mind, we are employing
the servi¢es of an Irish folk band which will be flying in from Ireland for the occasion.
Our plan is to have the band outside on the Palm Square sidewalk between 3 p.m and 6
p.m. on Saturday March l $ tbr the enjoyment of everyone attending the parade. To
ensure the safety of our citizens, would it be possible, therefore., to have Palm Square
ciosegl for the occasion, between perhaps :2 p.m. and 6.30 p.m.'? Closure of the street is
not ne~ it has been done for the past two Art & Jazz nights with great suce.~ss. It has
provcxl very popular, with the public because they can stand or dance in the street in
safety. And we like it because it avoids the problem of the crowd spilling over into
Atlanfc Avenue's traffic.
Thanks again for all your help in making the Blue Anchor's .first season the great success
it has been. I look forward to hearir~g from you.
~.F~ ~_HARRISON.
804 FAST ATLP, NTtC AVENUE, DELI:[A.Y BEACH, FLORIDA ~34~.3 phone (56t) 272-7272
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~OA - REGULAR MEETING OF MARCH 4, 1997
SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO.
11-97 (CHILD CARE PROGRAMS AS ACCESSORY USE IN OPEN
SPACE AND RECREATION DISTRICT)
DATE: FEBRUARY 27, 1997
This is second reading and the second public hearing for Ordinance
No. 11-97 which amends LDR Section 4.4.27, "Open Space and
Recreation (OSR) District", by adding child care programs as an
accessory use to the principal uses of parks and recreational
facilities. The proposed amendment was initiated by the City
Commission on January 7, 1997, based on the need to accommodate
the child care programs operated by both the City and County on
properties zoned OSR (i.e. after-school program at Pompey Park and
Head Start at the Catherine Strong Center).
The amendment would allow child care programs as an accessory use
to principal uses (B) (1) Parks and (B) (2) Recreational facilities.
The use would not be allowed as accessory to the other two
principal uses (B) (3) Golf courses and (B) (4) Cemeteries and
mausoleums. Golf courses are excluded due to concerns relating to
safety. All eligible properties with the exception of Lake Ida
Park are owned by the City. Establishment of the child care use
on City-owned parcels must either be City-operated or must be
approved through an agreement with the City, and will require site
plan approval.
The Planning and Zoning Board considered this item at a public
hearing on January 27, 1997, and voted 6 to 1 (Mr. Carbone
dissenting) to recommend approval. At first reading on February
18, 1997, the Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 11-97 on second and final
reading.
ref:agmemol4
TO: The Honorable Jay Alperin, Mayor & the City Commissioners of Delray Beach
FROM: Kathy Stokes (1220 Southways)
RE: "Child Care Services" as an accessory use in OSR
DATE: February 26, 1997
I would like to ask you to please consider adding the underlined language shown below to the
proposed LDR:
Child care programs, which are operated by or under an agreement
with the City of Delray Beach, as an accessory use to (B)(1) and (2) above.
Why we need to add "which are operated by or under an agreement with the City of
Delray Beach":
It makes it clear that child care programs and any facilities that may be built to house them
will be allowed in the OSR as an accessory use to (B)(1) and (2) only if:
(1) they are operated by the City;
(2) they are operated by a private vendor pursuant to an agreement with the City (to pattern up
after the protective language in (C)(5) for "Concessions and services provided under a
license agreement with the City of Delray Beach."); or
(3) they are operated in county-owned parks such as Lake Ida under the auspices of either the
City or the County only if there is an Interlocal Agreement between the City and the
County (so we are assured that the County could not operate a child care program and/or
build a child care center in Lake Ida Park unless it had an agreement with the City).
The goal is clarify the language in the proposed provision in order to make sure the parks
zoned OSR are "protected."
Finally, it should be noted that the P&Z staff memorandum correctly excludes Barwick which
is a passive park from the list of parks because it has OS (Open Space) zoning rather than
OSR.
cc: Diane Dominguez, Director of Planning and Zoning
ORDINANCE NO. 11-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.27,
"OPEN SPACE AND RECREATION (OSR) DISTRICT",
SUBSECTION 4.4.27(C), "ACCESSORY USES
STRUCTURES ALLOWED" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CiTY OF DELRAY BEACH, BY ADDING
CHILD CARE PROGRAMS AS AN ACCESSORY USE TO THE
PRINCIPAL USES OF PARKS AND RECREATIONAL
FACILITIES; 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 subject matter at a public hearing on
January 27, 1997, and forwarded the change with a recommendation of
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.27, "Open Space and
Recreation (OSR) District", Subsection 4.4.27(C), "Accessory Uses and
Structures Allowed", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation
(OSR) Zone District is established in order to most appropriately
identify parcels of land which are used primarily for recreational or
public purposes in an outdoor setting (e.g. a swimming facility).
Thus, it is generally applied to parks, golf courses, and situations
where public recreational facilities may exist. It also accommodates
the operation of activities licensed by the City.
The OSR District is deemed compatible with all land use designations
shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the OSR District as a
permitted use:
(1) Parks, public or private, active or passive
including playgrounds, ballfields, interpretative trails, educational
exhibits, and the like.
(2) Recreational facilities such as swimming pools,
tennis courts, exercise and activity rooms.
(3) Golf courses (public or private) including
clubhouses with restaurants, meeting rooms, pro shops and similar
facilities.
(4) Cemeteries and mausoleums, public or private.
(C) Accessory Uses and Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots.
(2) Restrooms, rest areas, picnic facilities.
(3) Administrative and maintenance buildings.
(4) Boat ramps.
(5) Concessions and services provided under a license
agreement with the City of Delray Beach.
(6) Storage of inventory, equipment, and materials,
within a structure or in an approved outside location.
(7) Residential facilities for temporary occupancy by
participants of recreational programs.
~8) Child care proqrams as an accessory use to (BI (1)
and (2/ above.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 11-97
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED MD ~OPTED in regular session on second and final
reading on this the 4th day of Marc__h , 1997.
ATTEST:
/City-C~rk Y
First Reading February 18, 1997
Second Reading March 4, 1997
- 3 - Ord. No. 11-97
TO: DAVID T. HARDEN
CITY MANAGER
THRU' DIANE DOMINGUEZ, D~!~CTOR
DEPA,RTMENT OF PLA?NIN~ONING
FROM: PAUL DORLING, PRINCIPAL PLANNER
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 18, 1997
AMENDMENT TO LDR SECTION 4.4.27(B) TO ADD "CHILD CARE
SERVICES" AS AN ACCESSORY USE IN THE OPEN SPACE AND
RECREATION (OSR) ZONING DISTRICT.
The item before City Commission is approval of an amendment to Section 4.4.27(B) to
add child care services (such as after-school programs, Head Start, etc.) as an
accessory use in the OSR zoning district.
i
I
Currently, both the City and County operate child care programs in the OSR zoning
district: at Pompey Park (after-school program), and at the Catherine Strong Center
(Head Start program). These programs have been operated at these sites for several
years and were established under the auspices of an accessory use to recreational
facilities. In the recent development proposal associated with the relocation of the
Head Start program to modular buildings at the Catherine Strong Center, the need to
specifically list the use as an accessory use appears appropriate. In light of the above
the City Commission initiated the LDR text amendment at their January 7, 1997
meeting.
There are fifteen parcels which are currently zoned OSR. These include eleven sites
which are owned by the City, one owned by the County, and three privately owned golf
courses. The City or County owned parcels include:
· Boy Scout Hut (Lake Ida Road)
· Pompey Park
· Catherine Strong Center
City Commission Documentation
Amendment to LDR Section 4.4.27(B) to Add "Child Care Services" as an
Accessory Use in the Open Space & Recreation (OSR) Zoning District
Page 2
· Delray Beach Cemetery
· Miller Park
· Veterans Park
· Lake View Golf Course
· Delray Beach Municipal Golf Course
· Currie Commons Park
· Merritt Park
· Southwest Park
· Lake Ida Park (County owned)
Three additional sites which are privately owned and zoned OSR include:
· DelAire Golf Course
· Hamlet Golf Course
· Sherwood Forest Golf Course
The amendment would allow Child Care centers as accessory uses to principal uses
(B)(1) Parks & (B)(2) Recreation Facilities. The child care use would not be allowed as
accessory to the other two principal uses (B)(3) Golf courses and (B)(4) Cemeteries
and mausoleums. Golf Courses are excluded due to concerns relating to safety. As
all child care uses require outside play areas there are safety concerns with respect to
wayward golf balls. Cemeteries and mausoleums are excluded as these are
inappropriate places to conduct child care services.
All the eligible properties with the exception of Lake Ida Park are City owned.
Establishment of services on City owned parcels will be City operated, or must be
approved through an agreement with the City. Further, establishment of the use on any
eligible parcel will require site plan approval.
The Planning and Zoning Board considered the request at a public hearing on January
27, 1997. Kathy Stokes from the public spoke and expressed concern that the use was
not restrictive enough and may allow private vendors to utilize public park areas. The
Board recommended approval of the amendment as written on a 6-1 vote (Louis
Carbone dissenting).
By motion, approve the attached amendment to Section 4.4.27(B) to add child care
services as a accessory use in the OSR (Open Space and Recreation) zoning district.
Attachments:
LDR Amendment Section 4.4.2Z(B)
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation (OSR) Zone District is
established in order to most appropriately identify parcels of land which are used primarily for
recreational or public purposes in an outdoor setting (e.g. a swimming facility). Thus, it is
generally applied to parks, golf courses, and situations where public recreational facilities may
exist. It also accommodates the operation of activities licensed by the City.
The OSR District is deemed compatible with all land use designations shown on the Future
Land Use Map.
(B) _Principal Uses and Structures Permitted: The following types of use are
allowed within the OSR District as a permitted use:
(1) Parks, public or private, active or passive including playgrounds,
ballfields, interpretative trails, educational exhibits, and the like.
(2) Recreational facilities such as swimming pools, tennis courts, exercise
and activity rooms.
(3) Golf courses (public or private) including club-houses with restaurants,
meeting rooms, proshops, and similar facilities.
(4) Cemeteries and mausoleums, public or private.
(C) Accessory Uses and Structures Allowed: The following types of use are
allowed when a part of, or accessory to, the principal use:
(1) Parking lots.
(2) Restrooms, rest areas, picnic facilities.
(3) Administrative and maintenance buildings.
(4) Boat ramps.
(5) Concessions and services provided under a license agreement with the
City of Delray Beach.
(6) Storage of inventory, equipment, and materials, within a structure or in an
approved outside location.
(7) Residential facilities for temporary occupancy by participants of
recreational programs.
[Amd. Ord. 31-94 6/21194]
(D) Conditional Uses and Structures Allowed: There are no listed conditional
uses in the OSR District. If a use is so contemplated, it may be more appropriate to seek CF
District zoning.
(E) Review and Approval Process: The use of any land within the OSR District
must be pursuant to a site and development plan which has been approved by the Site Plan
Review and Appearance Board pursuant to Sections 2.4.5 (F), (H), and (I), as appropriate.
(F) Development. Supplemental. and Special Regulations: All standards for the
development and/or use of property zoned OSR shall be established pursuant to the site and
development plan.
[Amd. Ord. 31-94 6121194]
S:PLANNING\DOCUME\CHILD.DOC
-2-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
SUBJECT: AGENDA ITEM # [~ - REGULAR MEETING OF MARCH 4, 1997
FIRST READING FOR ORDINANCE NO. 12-97 (SECURITY BARS)
DATE: FEBRUARY 28, 1997
This is first reading for Ordinance No. 12-97 which would regulate
the use of security/burglar bars within the City's commercial
zoning districts. The objective is to improve the appearance of
commercial businesses, protect the character and value of
surrounding properties and to promote an appealing streetscape.
The ordinance prohibits the installation of security bars on
building elevations which are adjacent to a street right-of-way on
structures located in commercial, office, and mixed use
(residential/nonresidential) zoning districts. It does not apply
to residential zoning districts. Further, it provides an
amortization clause for existing security bars to be removed
within two years of adoption of the ordinance. Other provisions
are that security bars may continue to be installed on buildings
in industrial zoning districts, but will be subject to approval by
the Site Plan Review and Appearance Board. Alternative security
measures such as retractable security bars, gates and doors will
be allowed subject to approval by SPRAB or the Historic
Preservation Board, as appropriate.
At one time, burglar bars were the only available alternative for
protection against breakins. Now, however, there are a number of
equally effective window security devices available. The
Community Redevelopment Agency has indicated that, in an effort to
assist business owners, it will fund 50% of the cost of protective
film for the windows if the bars are removed within one year of
the effective date of the ordinance.
The Planning and Zoning Board considered the amendment at a public
hearing on February 24, 1997, and voted 4 to 1 (Young dissenting;
McCarthy and Schmidt absent) to recommend approval.
Recommend approval of Ordinance No. 12-97 on first reading. If
passed, a public hearing will be scheduled for March 18, 1997.
ref: agmemol 0
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE'DOMINGUEZ~, D'IREC~O R
DEPARTMENT. OF PLANNING AND ZONING
FROM: JEF~FREY A. COSTELLO
S~IOR~-~- PLANNER
SUBJECT: MEETING OF MARCH 4, 1997
CONSIDERATION OF AN AMENDMENT TO ARTICLE 4.6,
SUPPLEMENTAL DISTRICT REGULATIONS, OF THE LAND
DEVELOPMENT REGULATIONS BY ADDING SECTION 4.6.21,
SECURITY BARS. AND A RELATED PROVISION TO APPENDIX
A (DEFINITIONS).
The action before the City Commission is that of a.oproval of an
amendment to Article 4.6, Supplemental District Regulations, of the
Land Development Regulations by adding Section 4.6.21. Security
Bars, and a related provision to Appendix A (Definitions).
Th~s amendment has been requested by the City Manager, David T. Harden, to
regulate the use of security/burglar bars within the City's commercial zoning
districts. Pursuant to the City's home rule powers, the City may regulate the
development of property on the basis of protecting the public's health, safety,
and welfare; however, the regulations must be rationally related to the City's
stated goal. The use of security bars are aesthetically unpleasing and may
impact property values in surrounding areas as well as create an unappealing
streetscape. The bars also create a perception of an area of high crime which
negatively impacts the City's efforts to attract development.
City Commission Documentation
Meeting of March 4, 1997
Security Bars - LDR Text Amendment
Page 2
The proposed ordinance would apply to all commercial, office and mixed use
(residential/nonresidential) zoning districts. These zoning districts are primarily
located along commercial corridors/roadways which are heavily traveled by
residents, consumers, employees and visitors alike. VVhile the use of security
bars within the City's commercial districts is sporadic, their use has a negative
visual impact on the surrounding area and the City as a whole. The ordinance
would not apply to residential zoning districts in which regulations regarding
aesthetics are not as restrictive, and security bars can be installed in a manner
that provide an attractive architectural element to the structure.
The proposed amendment provides an amortization clause for existing security
bars to be removed within two years of adoption of the ordinance. While the
ordinance will prohibit the installation of security bars, it will not prohibit the
installation of other security measures such as retractable gates and doors which
are typically closed only during non-business hours and can be designed in an
aesthetically pleasing manner. In order to assist business owners, CRA
(Community Redevelopment Agency) stated at its meeting of February 24th that
it would fund 50% of the cost of the protective film for the windows if the bars are
removed within one (1) year of the effective date of the ordinance.
At its meeting of February 24, 1997, the Planning and Zoning Board held a
public hearing regarding the proposed amendment. The Board voted 4-1
(Young dissenting; McCarthy and Schmidt absent) to recommend approval of the
amendment.
By motion, approve on first reading a text amendment to Article 4.6,
Supplemental District Regulations, of the Land Development Regulations by
adding Section 4.6.21. Security. Bars. and a related provision to Appendix A
(Definitions), and setting a public hearing date of March 18, 1997.
Attachments:
Ordinance by Others
ORDINANCE NO. 12- 9 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
! DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 4.6.21,
"SECURITY BARS", OF THE LAND DEVELOPMENT
' REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR THE PROHIBITION ON THE USE OF SECURITY BARS ON
·
STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE,
' AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR A TWO
YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY
THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR
SECURITY BARS IN INDUSTRIAL ZONING DISTRICTS; AMENDING
APPENDIX A, "DEFINITIONS" OF THE LAND DEVELOPMENT
REGULATIONS FOR THE CITY OF DELRAY BEACH; TO PROVIDE
FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR
BARS,"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to L.D.R. Section 1.1.6, the Planning and Zoning Board reviewed the
subject matter at its meeting of February 24, 1997, and has forwarded the change with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute §163.3174(4)(c), the Planning and Zoning Board, sitting
as the local planning agency, has determined that the change is consistent with and furthers the objectives
and policies of the comprehensive plan; and
WHEREAS, a substantial number of commercial businesses have installed burglar bars on the
exterior portion of their businesses; and
WHEREAS, the City Commission of the City of Delray Beach finds that the presence of burglar
bars on the exterior of commercial businesses creates an unsightly appearance in the City, diminishing
the City's aesthetic attraction; and
WHEREAS, the City Commission finds that there is a need to regulate the use of burglar bars on
commercial businesses within the City; and
WHEREAS, the City Commission finds that such regulations governing burglar bars will serve to
promote the aesthetics, and welfare of the citizens of the City of Delray Beach;
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 4.6, "Supplemental District
Regulations," of the Land Development Regulations of the City of Delray Beach, be, and the same is
hereby amended, and a new section, 4.6.21 "Security Bars," is hereby enacted to read as follows:
Section 4.6.21 Security Bars.
(A) Purpose and Intent: The objective of this section is to improve the appearance of
structures within the City's commercial, office, and mixed use (residential/nonresidential) zoning
districts, to protect the character and value of surrounding properties, and to promote an
appealing streetscape.
(B) Restrictions on Security Bars:
(1) The installation of permanent security/burglar bars is prohibited on the
building elevations which are adjacent to a street right-of-way, on structures located
within the City's commercial, office, and mixed use (residential/nonresidential) zoning
districts.
(2) Owners of structures within the city's commercial, office, and mixed use
(residential/nonresidential) zoning districts which contain permanent security bars on
building elevations adjacent to a street right-of-way, shall remove the security/burglar bars
within two (2) years of the effective date of this ordinance.
(3) Security bars may be installed on any elevation of structures located within the
industrial zoning districts subject to approval by the Site Plan Review and Appearance
(C) Alternative Security Measures: The use of alternative security measures such as
retractable security bars. gates, and doors shall be subject to approval by the Site Plan Review
and Appearance Board. or Historic Preservation Board. as appropriate.
~ That Appendix A, "Definitions", of the Land Development Regulations of the City of
Delray Beach, be, and the same is hereby amended, and a new definition, "Security/Burglar Bars," is
enacted to read as follows:
"Security/Burglar Bars" Any steel, metal, or iron bars which are permanently affixed to the
structure, including, but not limited to. burglar bars. window bars. door bars. or securi .ty bars.
2 ORD. NO. 12-97
This (l¢finition does not apply to retractable security gates, bars and doors which are kept open
during business hours.
Section 3 That should any section or provision of this ordinance, or any portion thereof, or any
'
.: paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
Section 4, That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby, repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on the
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ,1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
burgbars.ord
3 ORD. NO. 12-97
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF MARCH 4, 1997
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately followinq Public Hearinqs.
11.A. City Manaqer's response to prior public comments and
inquiries.
There were no comments or inquiries at the last meeting
which required a response.
ll.B. From the Public.
11.B.1. Jean Beer, 945 Tropic Boulevard, requested that
consideration be given to amending the City's street closure
ordinance. She felt that when a street is closed for public
safety reasons, the City should pay the cost and neighborhood
associations should not be double-taxed to pay for the closure.
Mrs. Beer also felt there is probably a less expensive way to do
this and suggested trenches could be dug and then planted with
bougainvillea hedges.
11.B.2. Albert Heller, 3130 N.W. 10th Street, spoke concerning
the Palm Tran bus depot on Congress Avenue. He felt that the
representatives for Palm Tran had broken their promise to install
berming and landscaping around the entire perimeter of the site.
He urged the City to seek assurance that the facility is properly
screened so that the property will be hidden from all points,
including the introduction of additional landscaping.
11.B.3. Jay Slavin, resident of Rainberry Bay, stated that the
residents of Delray Beach were repeatedly assured by Palm Tran
representatives that the bus depot on Congress Avenue would not
be visible from the street. She commented that the overhead
doors which face Congress Avenue are always open, the lighting is
very bright, and the final product is a complete contradiction of
what was originally proposed and promised. Ms. Slavin felt that
the facility is detrimental to the residents living west of 1-95
and will adversely affect future development in the area. She
urged the Commission to do something about these concerns.
11.B.4. Alice Finst, 707 Place Tavant, spoke on behalf of the
Chatalaine Board of Directors of the Homeowners League to oppose
any effort to widen Lake Ida Road between Congress Avenue and
Military Trail. She stated that since the early 1980s, residents
in the area have asked that nothing be done to the road other
than repairs and maintenance. Insofar as the residents of
Country Manors having difficulty accessing Lake Ida Road due to
the traffic, Mrs. Finst suggested that they either install a
traffic signal or reopen a closed access to Barwick Road. She
urged the Commission not to pursue the widening of this segment
of Lake Ida Road as it would be a great disadvantage to all of
the residents living along the roadway.
11.B.5. Joe Kamarata, 764 Avocet Road, made the following
suggestions: 1) rather than using the standard speed limit signs
on the side of the roads, consider painting the speed limit/miles
per hour in bold letters on the roads themselves; 2) suggested
holding a chili cook-off at the tennis center to be headed up by
the Parks and Recreation Department; and 3) rather than using
barricades to close off a street, use culvert pipe sections
filled with dirt and planted with bougainvillea.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager reported that he has been invited to
participate in Leadership Florida and that he is interested in
doing so. There is a participation fee of $1,000.00 plus travel
and associated costs to attend four or five meetings over the
course of the year. He asked if the Commission felt this would
be beneficial to the City and would be willing to have the City
pay the costs for his participation.
It was the consensus of the Commission to grant the
City Manager permission to pursue this matter.
The City Manager reported that an issue of the magazine
Florida Builder recently published an article entitled "Historic
Preservation: What Price and Who Pays?", which contained more
than a page about Old School Square. It reflected a very
positive attitude about the City's experience with historic
preservation.
In response to Mr. Ellingsworth's previous inquiry
about trapping wildlife, the City Manager stated that there are a
number of problems associated with this issue. State regulations
require trapped wildlife to be subsequently transported from the
site where they are trapped and released on property that has
been approved for that purpose by a State biologist. The only
piece of property that we know of in our general vicinity is
somewhere in Broward County, and it would be impractical for the
City's Animal Control Officer to transport wildlife that far.
Since the City does not have the facilities to care for or feed
anything other than domestic animals, we would have to transport
animals immediately after capturing them so the Animal Control
Officer would be out of the City for extended periods. The
animal can be humanely put to sleep, but we do not feel that is a
viable option. The City does advise residents to obtain the
services of a private trapper for wildlife and our Animal Control
Officer explains preventative measures that people can take to
help solve wildlife problems. We do have specific literature on
raccoons since that is what most of the complaints are about.
2
With respect to the matter of rabid raccoons, the City is
investigating this matter also.
The City Manager reported that staff has been working
with the residents of the Woods of Southridge for some months now
and has developed a tentative proposal concerning the streets in
that subdivision for the Commission's consideration. Originally,
the Woods of Southridge was built in the County and subsequently
annexed into the City. At the time it was built, the County
allowed the concrete streets in the subdivision to be built to
such a standard that the County would not accept them for
maintenance. When the property was annexed, it was with the
understanding that although the streets are public the City did
not accept them for maintenance. The homeowners are now
interested in having the City take over street maintenance, and
staff is concerned about the long term health of this area as a
residential community if the street problem is not addressed.
For this reason, staff feels that some City participation is
warranted and has proposed to the homeowners that the City
contribute one-third of the cost for rebuilding the streets with
the homeowners paying the remaining two-thirds. 'The City Manager
stated that he received a letter from the Woods of Southridge
dated February 26, 1997, which states that they are willing to
move forward on this basis. If the Commission is interested in
pursuing the matter, staff estimates the total project cost to be
about $300,000.00 with the City's share at $100,000.00. Staff
would do the design and set it up as an assessment project.
It was the consensus of the Commission to support the
proposal, with direction to staff to initiate the process for a
special assessment district.
13.B. City Attorney.
The City Attorney had no inquiries or comments.
1S.C. City Commission.
13.C.1. Ms. Kiselewski provided an update on the Municipal
League meeting held February 26, 1997. As to concurrency, the
League feels that right now the School Board and Palm Beach
County are supposed to be working together on this issue and will
be coming back to the League. Also, there was a request that if
anybody from the City is going up to Tallahassee on March 12th
and is able to spend some time with the League Director while
there, it would be appreciated. Finally, with respect to the
telecommunications issue, Ms. Kiselewski reported that a
Governor's task force had been put together to look at this issue
but it was highly slanted toward the industry in terms of
membership. The task force came up with a recommendation to
eliminate the taxes that currently exist and use one uniform fee
statewide that would then be distributed back to the counties and
local governments. The concern with this is that it may be sold
as a way to get money for education. She felt this was a concern
-3-
and urged the Commission to keep an eye on this issue. Another
part of the task force is that they want to remove the cable
television and telecommunications franchise fee and replace it
with what they call a "privilege fee". Ms. Kiselewski suggested
that once the report is finalized, the City should review the
report and evaluate how this might impact the City. Ms.
Kiselewski concluded by reporting that supposedly the School
Board will be dropping their legislative push to avoid local
review of their sites for communication towers.
13.C.2. Mr. Randolph requested a joint meeting between the City
Commission, the Community Redevelopment Agency and whatever other
agencies might be appropriate for a frank discussion concerning
West Atlantic Avenue. He feels there is a need for dialogue as
to the direction for this corridor and it is time to take action
on this issue. Mr. Randolph asked that this meeting be held
sometime during the month of April or at the latest in early May,
1997.
At this point, the City Manager mentioned that the City
Commission should also be thinking about some dates for another
goal-setting session. He suggested the use of an outside
facilitator this time, with the date to be set after the new
Commissioner comes on board.
13.C.3. Mayor Alperin commented that he had been given a recent
copy of The New York Times which contains almost a full page ad
about the grand opening of ABC Carpet on Congress Avenue in
Delray Beach.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:30 p.m.