08-19-97 Regular DFLRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
Ail-America City
COMMISSION CHAMBERS ~P~
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
August 19, 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.
5. Approval of Minutes:
Regular Meeting of August 5, 1997
6. Proclamations: None
7. Presentations:
A. Perry DonFrancisco - Delray Citizens for Delray Police Annual
Scholarship Presentation to Melissa Schroeder.
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH: Approve the
final subdivision plat for Delray Ocean Estates North, a
proposed five unit single family subdivision to be located
between A1A and Andrews Avenue, along the south side of Harbor
Court.
B. REMOVED
C. RESOLUTION NO. 59-97: Adopt a resolution assessing costs for
abatement action required to demolish an unsafe structure at
1012 N.E. 3rd Avenue.
D. RESOLUTION NO. 60-97: Adopt a resolution assessing costs for
abatement action required to demolish an unsafe building at 309
S.E. 4th Avenue.
E. RESOLUTION NO. 61-97: Adopt a resolution assessing costs for
emergency action required to fill in an abandoned septic tank
at 343 N.W. 4th Avenue.
F. RESOLUTION NO. 62-97: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 31 properties
throughout the City.
2
Regular Commission Meeting
August 19, 1997
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period August 4 through August 15 1997.
AWARD OF BIDS AND CONTRACTS:
1. Bid award to Best Real Estate, Inc./Edward Kaplan for
rehabilitation of a City-owned single family unit at 515
S.W. 5th Avenue under the HOPE 3 program in the amount of
$26,769.75, with funding from 118-1922-554-49.19 for
$11,769.75 and $15,000 from 118-1924-554-49.19.
2. Bid awards through the Community Development Block Grant
Program (118-1963-554-49.19) as follows: $7,344.75 to
Craftsman Plus, Inc. for 930 S.W. llth Terrace; $9,938.25
to Craftsman Plus, Inc. for 30 S.W. 13th Avenue; and
$16,537.50 to Best Real Estate, Inc./Edward Kaplan for 51
N.W. 9th Avenue.
3. Purchase award in the amount of $20,331 to Data Flow
Systems, Inc., sole source provider, for telemetry
equipment required for the remote monitoring and control
of the Acquifer Storage and Recovery Well, with funding
from 440-5179-536-69.18.
9. Regular Agenda:
A. PROPOSED PEDI-CAB/RICKSHAW SERVICE: Provide direction
concerning a proposal by Mr. Aldo Cirelli to establish a
non-motorized pedi-cab and rickshaw operation in Delray Beach.
B. RESOLUTION NO. 58-97 AND BID AWARDS FOR SUPPORT SERVICES:
Consider approval of a resolution authorizing a sixth series of
Water and Sewer Revenue Bonds designated as Water and Sewer
Revenue Refunding Bonds, Series 1997 A, in the initial
aggregate principal amount of not exceeding $17,000,000 for the
purpose of advance refunding all or a portion of City's
outstanding Water and Sewer Revenue Bonds, Series 1991 B; and
approve bid awards for support services as recommended by
Public Financial Management, Inc.
C. SERVICE AUTHORIZATION ~4/HAZEN AND SAWYER: Consider approval
of Service Authorization #4 in the amount of $25,032 to Hazen
and Sawyer for consulting services related to the first phase
of an Inflow/Infiltration Study for the City's wastewater
system, with funding from 442-5178-536-61.84.
D. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/SIDEWALK ON LAKE
IDA ROAD: Approve an interlocal agreement between the City and
Palm Beach County for the construction of a sidewalk on the
south side of Lake Ida Road, between Coral Way and Davis Road.
Estimated cost of $13,000 to be split 50%/50%, with the City's
share of $6,500 to be funded from 001-3113-541-63.11.
Regular Commission Meeting
August 19, 1997
E. AGREEMENTS FOR EMERGENCY/HURRICANE RESPONSE SERVICES: Consider
approval of the list of fourteen (14) firms for emergency
and/or hurricane response services and authorize the execution
of continuing contracts with same.
F. BID AWARD TO ACRT, INC. ENVIRONMENTAL SPECIALISTS: Consider
the sole bid of ACRT, Inc. Environmental Specialists for a park
and street tree inventory and management plan, in the amount of
$16,050 from 334-4144-572-34.90.
G. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member
to the Planning and Zoning Board for a two year term ending
August 31, 1999. The appointment will be made by Commissioner
Randolph.
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD:
Appoint a member (architect/engineer) to the Site Plan Review
and Appearance Board for a two year term ending August 31,
1999. The appointment will be made by Mayor Alperin.
I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a
member to the Historic Preservation Board for a two year term
ending August 31, 1999. The appointment will be made by
Commissioner Ellingsworth.
J. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one regular
member and one alternate member to the Board of Adjustment for
two year terms ending August 31, 1999. The regular member
appointment will be made by Commissioner Randolph and the
alternate member appointment will be made by Commissioner Egan.
K. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint two
members to the Board of Construction Appeals for two year terms
ending August 31, 1999, as follows: architect (Mayor Alperin's
appointment) and master plumber (Commissioner Schmidt's
appointment).
L. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re:
Tate v. City of Delray Beach and Lake Worth Drainage District.
Attendees: Mayor Jay Alperin
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner Kevin Egan
Commissioner David Schmidt
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
Bill Doney, Esquire
A certified court reporter
Purpose: Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
-4-
Regular Commission Meeting
August 19, 1997
10. Public Hearings:
A. ORDINANCE NO. 30-97 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", of the Land Development Regulations
to clarify the intended goal of the district and to modify the
allowable principal and conditional uses within the zoning
district. If passed, a second public hearing will be scheduled
for September 9, 1997.
B. ORDINANCE NO. 31-97 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending LDR Section 4.4.20, "Industrial (I)
District", by deleting resource recovery facilities as an
allowable use; amending Section 4.4.21, "Community Facilities
(CF) District", by adding resource recovery facilities as an
allowable use; and amending Section 4.3.3(Z), "Resource
Recovery or Waste Management Facilities", to provide that such
uses shall only be allowed upon land that is zoned Community
Facilities District with an underlying Future Land Use Map
designation of Community Facilities. If passed, a second
public hearing will be scheduled for September 9, 1997.
11. Comments and Inquiries on Non-Agenda Items from the Public-
I~--ediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 19, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.M. RESOLUTION NO. 63-97: Consider approval of a resolution
authorizing the filing of eminent domain proceedings as
required by the Final Judgment in the case of Stanley G.
Tate, Trustee, v. City of Delray Beach and the Lake Worth
Drainage District.
ref:ADDENDUM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ "l
SUBJECT: AGENDA ITEM # ~'~- REGULAR MEETING OF AUGUST 19, 1997
FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH
DATE: AUGUST 14, 1997
This is before the Commission to approve the final subdivision
plat for Delray Ocean Estates North, a proposed five unit single
family subdivision to be located on the south side of Harbor
Court, between North Ocean Boulevard (A1A) and Andrews Avenue.
The subject property consists of approximately 2.583 acres.
The plat was approved by the Planning and Zoning Board on July
21, 1997. All staff comments have been addressed.
Recommend approval of the final subdivision plat for Delray Ocean
Estates North.
ref:agmemo5
Agenda Item No.
AGENDA REOUEST
Date: August 12, 1997
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: August 19, 1997
Description of item (who, what, where, how much): Approval of final
subdivision plat for D¢lray Ocean Estates North. Staff comments have
been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the final subdivision plat
for Delray Ocean Estates North.
Department head signature:<~~~-~ ~ ~~7
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: E~NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved ~.
SC/gm
File: tac-Oceanest ~.
ag0819.doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Barron Caronite~? j2,.
Engineer I ~ ~
SUBJECT: FINAL SUBDIVISION PLAT
DELRAY OCEAN ESTATES NORTH
DATE: August 12, 1997
Attached is an agenda request for Commission approval of the final subdivision plat for
Delray Ocean Estates North. The subject plat consists of the subdivision for five single
family homes. The site plan was previously approved by the Planning and Zoning Board
at the July 21, 1997 meeting. Also attached is a location map and reduced copy of the
plat. If acceptable, please place this item on the August 19, 1997, Commission meeting
for Commission approval.
BC/gm
attachment
file: TAC-Delray Ocean Estates North
s/eng/eng/tac/oceanest/fnlpltsb.doc
cc: Paul Dorling, Principle Planner
Sharon Morgan, Executive Assistant
~' / ,L,.Z_ _L~ I H
' 1 f ~~~11~ /
CITY of DELRAY BEACH DEL~Y OC~N ESTATES NORTH
EN~RONMENTAL SERVICES DEP~TMENT ~ SUBDWISION P~T
so~ ~ ~. oz~Y s~c~, ~ ~ LOCATION ~P
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I
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT--
MEETING DATE: July 21, 1997
AGENDA ITEM: III.A.
ITEM: Combined Preliminary/Final Plat for Delray Ocean Estates North, a
proposed five (5) unit, single family subdivision, located at the
southeast comer of Andrews Avenue and Harbor Court, west of A1A
Ocean Boulevard).
GENERAL DATA:
Owner ....................................... Voss Family Partner, L.P.
Edwin P. Voss.
Applicant ................................... Diamond Co.
Agent ........................................ Caulfield & Wheeler, Inc.
Dan Beatty
Location .................................... Southeast comer of
Andrews Avenue and
Harbor Court, west of A1A.
Property Size ............................ 2.583 Acres
Future Land Use Designation...Low Density Residential
Existing Zoning.., .......... North: R-l-AAA (Single Family
Residential)
East: R-l-AAA
South: R-l-AAA
West: R-l-AA (Single Family
Residential)
Existing Land Use ..................... Single Family Residence
Proposed Land Use .................. Construction of a 5 unit
single family subdivision
Water Service ........................... Available via a connection to ~ IIII
an existing 8" water main o IIII
alo,n, g Andrews Avenue and IIII
· a 6 water main along A1A. ° IIII
Sewer Service ................ i .......... Available via connection to 2 IIII
an existing 10" sewer main z IIII
-within Harbor Court and ~~-~ ;' IIII
between proposed lots 3 - lift
and4. : ._.L__ J__~__ IIII
IIII
III.A.
The action before the Board is that of consideration of the combined preliminary/final
plat for Delray Ocean Estates North, a proposed five lot single family residential
development. The subject property is located on the south side of Harbor Court,
between Andrews Avenue and N. Ocean Boulevard (A-l-A), and consists of
approximately 2.583 acres.
The combined preliminary/final plat is being processed pursuant to LDR Section
2.4.5(J), Major Subdivisions.
The subject property consists of a portion of Lots 6 and 7, Block E, of the Palm Beach
Shore Acres replat, created in 1919. A two story residence constructed around 1935
is located on Lot 6, and discussions are under way to have the house relocated.
The Delray Ocean Estates North plat includes the following:
El Lots 1-5: five single family lots; and,
El Access, drainage, sewer, utility, and water easements.
Pursuant to Section 3.1.1 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
of the application, the staff report, or minutes. Findings shall be made by the
Board 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 zoning
district and the zoning district must be consistent with the land use
designation.
The property is zoned R-l-AAA (Single Family Residential) which is consistent with
the property's Future I~and Use Map designation of Residential Low Density (0-5
du/ac). The proposed single family development having an overall density of 1.94
du/ac is allowed as a permitted use within the R-l-AAA district.
P&Z Staff Report
Delray Ocean Estates North Plat
Page 2
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 provi.ded pursuant to levels of service as
established within the Comprehensive Plan.
Water: Water service will be provided to the site by the installation of an 8" water
main, to be extended adjacent the north property to connect to existing services within
Andrews Avenue and A-1-A. Adequate fire suppression is provided to the site via a
proposed fire hydrant at the end of Harbor Court. Hydrants are also located at the
intersection of Harbor Court and Andrews Avenue, and on A-1-A adjacent proposed
Lot 2.
Sewer; Sewer service will be provided 'to the site via connections to existing 10"
sanitary sewer lines within Harbor Court and between proposed Lots 3 and 4.
Drainage: Drainage will be provided with the installation of swales on both sides of
the proposed access easement. Provision of a 10' drainage easement along the
north portion of Lots 3-5 to cover existing drainage from Harbor Court is attached as a
condition of approval.
Traffic: The existing use of the property, a single family home, generates 10 ADT
(Average Daily Trips). The proposed five single family homes will generate 50 ADT.
Given the size of the development, the proposed project and slight increase in daily
trips should not have a negative impact on Andrews Avenue. In addition, the
maximum density permitted on this site is 9 du/ac, therefore, the proposed
development will generate a lower number of trips than the maximum number of units
allowed.
Pursuant to the Palm Beach County Traffic Performance Standards Ordinance,
projects generating traffic volumes less than 200 ADT need only address the directly
accessed roadway link. No LOS concerns are noted for Andrews Avenue. Thus, the
development meets traffic concurrency.
Parks and Recreation Facilities: Park demands generated by the construction of new
housing units were factored into the 1989 Comprehensive Plan Parks and Recreation
Element. The proposed development will not have a negative impact with respect to
this level of service sta. ndard. The applicant will be required to pay the City's Park
and Recreation impact fee of $500.00 per unit at the time of building permit issuance.
Solid Waste: The proposed development ~will generate 9.95 tons of solid waste per
year (5 units x 1.99 tons per year). As a single family development and its associated
solid waste generation was anticipated by the City and County Comprehensive Plans,
P&Z Staff Report
Delray Ocean Estates North Plat
Page 3
Level of Service standards for solid waste disposal will not be affected by the
proposed development.
Consistency;
Pursuant to Section 3.3.1 (Basis for Determining Consistency), the performance
standards set forth in Section 3.3.3 (Standards for Site Plan and/or Plat Actions)
along with compliance with Section 2.4.5(F)(5) (General Compatibility and
Harmony with Adjacent Properties) 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 of a finding of overall
consistency. The applicable performance standards of Section 3.3.3 are
discussed below:
Section 3.3.3 (Standards for Site Plan/Plat Action): The applicable performance
standards of Section 3.3.3 and other policies which apply are as follows:
(A) Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it
pertains to traffic circulation (Traffic Element C-1.2).
This standard will be reviewed in conjunction with the building plans that will be
submitted for the single family homes. The applicant has submitted a street
landscape and lighting plan, and approval of the plan by the Site Plan Review and
Appearance Board has been attached as a condition of approval.
(B) Appropriate separation of travelways is made for vehicles, bicycles, and
pedestrians in a manner consistent with objective D-I of the Traffic
Element.
The applicant is seeking waivers to install sidewalks on Harbor Court, A-l-A, and
adjacent the proposed access easement. See the applicable section under
Compliance with Land Development Regulations for a discussion on this request.
(C) Tot lots and recreational areas shall be a feature of all new housing
developments which utilize any of the City's PRD zone districts or which
have homeowner asSociations which must care for retention areas, private
streets, or common areas.
The access easement has been dedicated to the Delray Ocean Estates North
Homeowners Association for maintenance purposes. This development will consist of
P&Z Staff Report
Delray Ocean Estates North Plat
Page 4
five lots with lot areas ranging from 15,000 sq. ft. to over 30,000 sq. ft. Given the size
of the development, it is not practical to require a tot lot or recreational area.
(D) Open space enhancements, including the maintenance of vistas and
enhancement of streetscapes as described in Open Space and Recreation
Objective B-1.
The applicant has submitted a boundary survey identifying existing trees on the site
and an environmental assessment. The assessment identifies trees to be
incorporated into the development, to be relocated on site, and to be removed. The
relocation, removal, and retention of trees with this development must be coordinated
with the Community Improvement Department at the time of building permit.
(E) That any street widening associated with the development shall not be
detrimental upon desired character and cohesiveness of affected
residential areas (Housing Element A-6.1).
There is no street widening proposed with development, however, an access
easement is being provided which will contain a private roadway/driveway to Lots 1
and 2. The construction of the private roadway/driveway should not alter the
character or cohesiveness of.the existing neighborhood.
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; complementary to adjacent land uses; and fulfills
remaining land use needs (Future Land Use Element Objective A-I).
^ single family home built around 1935 currently exists on a portion of the site. A
revised engineering plan was submitted on July 9, 1997 addressing most of the
technical comments made by the Environmental Services Department, and it appears
that no major problems exist with this development. The proposed five lot single
family residential project will be compatible with, and complimentary to, the adjacent
stable residential area.
OTHER COMPREHENSIVE PLAN POLICIES:
Other comprehensive plan policies and objectives which relate to this development
proposal include:
Coastal Management Policy C-3.2 There shall be no change in the intensity of
land use within the barrier island and all infill development which does occur
P&Z Staff Report
Delray Ocean Estates North Plat
Page 5
shall connect to the City's storm water management system and sanitary sewer
system.
The current development proposal consists of a single family residential development
consisting of five units with a density of 1.94 du/ac. The existing use of the property is
a single family house. The maximum number of single family lots allowed on the site
is 9 (3.48 du/ac). Thus, the proposed development decreases the potential intensity
of land use on the barrier island, meeting the intent of this policy. Further, the lots will
connect to the sanitary sewer and storm water management system.
Coastal Management Ob_iective D-2 There shall not be any development upon
the barrier island which shall reduce hurricane evacuation times beyond its
present level or which shall lower the level of service at the intersections of A-l-
A and Atlantic Avenue; N.E. 8th Street (George Bush Boulevard) and A-l-A; or
at Linton Boulevard and A-I-A.
The current development proposal consists of a single family residential subdivision
with five lots. The 50 ADT generated by the development will have no effect on those
intersections with respect to LOS or hurricane evacuation time. Further, as the
proposal represents a reduction in the potential number of units the development will
not have a negative effect on evacuation time.
Future Land Use Element Policy A-1.1 {Low Density_ Residential) This
designation is applied to land which is developed, or is to be developed, at a
density of five units per acre or less. Such land is usually developed for single
family purposes although mixed residential uses may occur under a planned
residential zoning district. Homeownership is characteristic of this designation.
Where this designation exists, uses other than Iow density residential shall not
be considered.
The proposed development is a single family detached residential development at a
density of approximately 1.94 du/ac. The proposed units are consistent in terms of
surrounding single family development.
Housing Objective C-2 Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse 'makeup of the City's demographic profile.
The existing use of the property, a single family home, is surrounded by single family
homes to the north, south, and west. The development proposal calls for detached
single family residential homes which is consistent with the R-l-AAA district, and is
appropriate given the .surrounding residential development.
P&Z Staff Report
Delray Ocean Estates North Plat
Page 6
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
LDR Section 4.3.4(K) Development Standards Matrix;
Lot Sizes and Building Setbacks:
Pursuant to LDR Section 4.3.4(K), the following are the minimum requirements as
they relate to lot sizes and building setbacks for detached single family homes within
the R-l-AAA zone district:
Lot Sizes - R-l-AAA
Interior/Comer Lot Width100'
Lot Depth 110'
Front Setback 35'
Side Interior/Rear Setback 12'
Side Street Setback 17'
Lot Size 12,500'
All of the proposed lots meet and/or exceed the minimum requirements with respect
to width, depth, and lot size. Compliance with setback requirements will be
addressed at building permit. However, it should be noted that Lots 1 and 2 will have
double frontage on the proposed access easement and A-1-A. Per LDR Section
4.3.4(E)(2) (Frontage), frontage is the shortest property line adjacent to a public
street, except for property lines abutting an artedal or collector street, in which case
the frontage is considered to be adjacent the' arterial or collector street. Therefore,
the frontage for Lots 1 and 2 is the property line adjacent A-l-A, and the front setback
would be taken from this property line.
Pursuant to LDR Section 4.3.4(E)(3), if a property line adjacent an artedal or collector
has a limited access easement running the length of this property line in favor of, and
accepted by, the City this property line is not to be considered the frontage. The
applicant has indicated that frontage on the access easement is preferred for Lots 1
and 2. The plat must be revised to show a limited access easement along the east
property line and is attached as a condition of approval.
Non-Conforming Lot:
In the southwest comer of this proposed plat a 50' x 175' piece is being excluded.
This is a portion of Lot 7 which has previously been conveyed by metes and bounds
description to another owner. This lot is nOn-conforming with respect to the R-l-AAA
zoning district with respect to lot width (100' required) and lot size (12,500 sq. ft.
required). Pursuant td LDR Section 4.1.4, a 50' wide non-conforming lot can only be
P&Z Staff Report
Delray Ocean Estates North Plat
Page 7
developed if it is a lot of record. A lot of record is a lot created by subdivision plat after
1979 or a lot created metes and bounds description before 1979 (date of subdivision
ordinance). This remaining portion of Lot 7 is only buildable if it was created before
November, 1979. The applicant has attempted unsuccessfully to acquire the lot. It is
recommended the applicant continue his efforts to acquire the parcel and incorporate
it into this plat.
Reduction in Right-of-Way Width:
Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a residential
street is 60'. The current 25' right-of-way was dedicated by the lot to the north and
additional right-of-way would be required from the subject property to bring Harbor
Court up to code. The applicant is requesting a reduction in right-of-way width from
60' to 25', indicating the road will service only eight homes (three existing, five
proposed). A reduction in the required right-of-way width may be granted by the body
having approval authority of the associated development, provided the reduction is
supported by the City Engineer. The Engineering Division has reviewed the request
and has determined that the proposed right-of-way width is sufficient for this small
residential development.
Dead End Street:
Per LDR Section 6.1.2(B)(4)(a), dead end streets without provision of a turnaround
are prohibited. Generally, a cul-de-sac shall be required; however, in unique
situations where a cul-de-sac cannot reasonably be accommodated either a "T" or
"hammerhead" turn around may be accepted by the Local Planning Agency if
approved by the Fire Marshal. A 25' access easement to be connected to Harbor
Court is proposed with the development. A "T" turnaround is proposed at the end of
the access easement. The Fire Marshal has reviewed the request and indicated that
the "T" turnaround is acceptable, and that the applicant proposes to provide all homes
with fire sprinklers.
Street Lights and Street Tree~;
Pursuant to LDR Sections 6.1.5 and 6.1.12, pl.anting of shade trees and street lighting
are required. The applicant has submitted a landscape plan providing street tree and
lighting details. The lan. dscape plan indicates installation of trees within the 12' water
main easement. The planting of trees within the water main easement requires
approval from the City Engineer. The Engineering Division has indicated that planting
of trees within the water main easement is not acceptable, however, there is no
problem with installing trees within the swale areas. Relocation of the trees and
approval of the landscape and lighting plan by the Site Plan Review and Appearance
P&Z Staff Report
Delray Ocean Estates North Plat
Page 8
Board prior to obtaining the first building permit are attached as conditions of
approval.
Sidewalks;
Pursuant to LDR Section 6.3.1(B)(1), a 5' sidewalk is required on both sides of a
residential street. The applicant has requested a waiver to this requirement,
indicating a bikepath exists adjacent the west property line (along the east side of
Andrews Avenue) and a sidewalk currently exists from N.E. 8th Street along the west
side of A-1-A to approximately 300' north of this property, which then crosses A-1-A
and runs along the beach. The applicant has indicated a wall will be constructed
along the A-1-A property line which will restrict all access to the east. No sidewalk
exists on Harbor Court. Given the size of the development and the existing
pedestrian access system in the surrounding area, a waiver to provide a sidewalk on
A-1-A is appropriate.
Findings for Granting Waivers;
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver from sidewalks, the
granting body is required to make a finding that the granting of the waiver:
(A) Shall not adversely affect the neighboring area;
(B) Shall not significantly diminish the provision of public services;
As previously discussed, given a bicycle path exists adjacent the west property line,
and the project consists of only five single family residences, a positive finding can be
made that the waiver will not adversely affect the neighboring area, nor will it diminish
provision of pubic services.
(C) Shall not create an unsafe situation;
The proposed development consists of five single family homes that may utilize the
bicycle path on the east side of Andrews Avenue for pedestrian access. ^ wall is
proposed along the east property line which will prevent access to A-1-A. Given the
size of the development, a .positive finding that the waiver will not create an unsafe
situation can be made.
(D) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
P&Z Staff Report
Delray Ocean Estates North Plat
Page 9
Given the limited size of the development, it is reasonable to assume that under
similar circumstances a waiver would be granted.
A revised plat and engineering plan were submitted on July 9, 1997, and most of staff
comments have been addressed. The following outstanding comments must be
addressed prior to scheduling the plat for City Commission and prior to obtaining the
first building permit:
Technical Comments:
1. That a 10' drainage easement be provided along the north property lines of Lots 3-
5.
2. That "owned" be removed from the access, drainage and utility easement
dedication statement as the homeowners association will only be responsible for
maintenance of the easement area.
3. That HRS and FDOT utility permits be provided.
4. That a limited access easement along the east property line (A-l-A) be provided.
5. That the name of the proposed access easement be indicated on the plat.
6. That the related landscape and lighting plan be approved by SPRAB prior to
issuance of a building permit and include the following revisions:
(a) That the trees be removed from the water main easement on the landscape
plan.
(b) That the removal and relocation of existing trees be coordinated with the City
Horticulturist.
(c) That the proposed wall along A-1-A and landscape and lighting plan be
approved by SPRAB prior to obtaining the first building permit.
7. That the location of the proposed gate shown on the revised engineering plan be
approved by the Fire Department.
P&Z Staff Report
Delray Ocean Estates North Plat
Page 10
The development proposal is not located in an area which requires review by the CRA
(Community Redevelopment Agency) or the DDA (Downtown Development Authority).
Courtesy Notice:
A courtesy notice has been sent to the following neighborhood/condominium
associations:
Beach Properties
Delray Summit
Landings of Delray
Oceanfront Property Owners
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
The development proposal to construct five single family detached homes is
consistent with the zoning and Future Land Use Map designation for the subject
property. Positive findings can be made with regard to Concurrency and
Comprehensive Plan consistency.
The proposal includes requests for a reduction in right-of-way width for Harbor Court
and relief from sidewalk installation. As previously indicated, given the size of the
development and the lower density proposed, the right-of-way reduction and sidewalk
waiver are appropriate.
A. Continue with direction and concurrence.
B. Approve the preliminary plat for Delray Ocean Estates North and certify the final
plat, subject to conditions.
C. Approve the prelimihary plat, and require submittal of a final plat to be processed
separately.
D. Deny the preliminary plat and final plat with basis stated.
P&Z Staff Report
Delray Ocean Estates North Plat
Page 11
By Separate Motions:
Waiver for Sidewalks:
Approve waiver from the requirement for the installation of sidewalks in the access
easement, along the west side of A-l-A, and along Harbor Court, based upon positive
findings with respect to LDR Section 2.4.7(B)(5).
Special Action:
Approve a reduction in right-of-way width"from 60' to 25' for Harbor Court, pursuant to
LDR Section 5.3.1(D)(4).
Plat:
Approve the preliminary plat and certify the final plat for Delray Ocean Estates North,
pursuant to the following conditions:
1. That a 10' drainage easement be provided along the north property lines of Lots 3-
5.
2. That "owned" be removed from the access, drainage and utility easement
dedication statement as the homeowners association will only be responsible for
maintenance of the easement area.
3. That HRS and FDOT utility permits be provided.
4. That a limited access easement along the east property line (A-l-A) be provided.
5. That the name of the proposed access easement be indicated on the plat.
6. That the related landscape and lighting plan be approved by SPRAB prior to
issuance of a building permit and include the following revisions:
(a) That the trees be removed from the water main easement on the landscape
plan.
(b) That the removal and relocation of existing trees be coordinated with the City
Horticulturist.
P&Z Staff Report
DelraY Ocean Estates North Plat
Page 12
(c) That the proposed wall along A-1-A and landscape and lighting plan be
approved by SPRAB prior to obtaining the first building permit.
7. That the location of the proposed gate shown on the revised engineering plan be
approved by the Fire Department.
Attachments: El Plat
El Reduced Survey
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
S~B~CT: ~ND~ IT~,~ ~ ~. ~- - M~TI~ O~ ~ST ~, ~7
RESOLUTION NO. 59-97
DATE: AUGUST 15, 1997
This is a resolution assessing costs for abatement action
required to demolish an unsafe structure on property located at
1012 N.E. 3rd Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $7,027.44 remains unpaid.
Recommend approval of Resolution No. 59-97 assessing costs for
demolition of an unsafe structure on property at 1012 N.E. 3rd
Avenue.
RESOLUTION N0.59-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and'
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
W~EREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 59-97
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 59-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: . Richard A. Court
ADDRESS: 1012 NE 3rd Avenue, Delray Beach, FI 33444
PROPERTY: 1012 NE 3rd Avenue, Delray Beach, Fi 33444
LEGAL DESCRiPTiON:Lots 3 and 4, Block 8, Dell Park according to
Plat Book 8, Page 56 of the official records of Palm Beach County, Fi
You, as the record owner, of, or holder of an interest in, the above describ9d property
are hereby advised that a cost of $7,027.44 .by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied against the above described property. "
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 1-22-97 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal :'
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. ired_.by
the decision of the Board of Construction Appeals within a stated period of time; You
failed to take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
- 4 - Res. No. 59-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Richard A. Court
ADDRESS: 1012 NE 3rd Avenue, Delray Beach, FI 33444
PROPERTY: 1012 NE 3rd Avenue, Delray Beach, F1 33444
LEGAL DESCRIPTION: Lots 3 and 4, Block 8, Dell Park according to
Plat Book 8, Page 56 of the official records of Palm Beach County, FI
You, as the record owner, of, or holder of an interest in, the above describ9d property
are her6by advised that a cost of $7,027.44 .by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied against the above described property. "
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 1-22-97 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal ;
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. ir. ed_.by
the decision of the Board of Construction Appeals within a stated period of time; You
failed to take the action as required by the order of the Board Qf Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
- 4 - Res. No. 59-97
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
7-10-97 at a cost of $7,027.44 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records 01 Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk'
- 5 - Res. No. 59-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,S//
SUBJECT: AGENDA ITEM # ~-~. - MEETING OF AUGUST 19, 1997
RESOLUTION NO. 60-97
DATE: AUGUST 15, 1997
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
309 S.E. 4th Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $4,063.82 remains unpaid.
Recommend approval of Resolution No. 60-97 assessing costs for
demolition of an unsafe building on property at 309 S.E. 4th
Avenue.
RESOLUTION NO. 60-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set.
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and'
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 60-97
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 60-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Jim and Janice _eoo~_ee_n
ADDRESS: 921 SE 2nd Avenue, Delray Beach, Fi 33444
PROPERTY; 309 SE 4th Avenue, Delta¥ Beach, Fi 33444
LEGAL DESCRIPTION: Lots 21 and 22, Block 104~ Osceola Park
mm~erd~g tn Plat Book 3, Page 2 of the official records of
Palm Beach County, Fi
You, as the record owner, of, or holder of an interest in, the above describ3d property
are hereby advised that a cost of $4,063~82 by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 6-6-97 that the Chief
Building Official had determined that a building/structure located on the above
described properly was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the ..
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. ired_.by
the decision of the Board of Construction Appeals within a stated period of timel You
failed Io take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
- 4 - Res. No. 60-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Jim and Janic~_ Soodeen
ADDRESS: 921 SE 2nd Avenue, Delray Beach, F1 33444
PROPERTY: 309 SE 4th Avenue, Delray Beach, Fi 33444
LEGAL DESCRIPTION: Lots 21 and 22~ Block 104, Osceola Park
~mord~ng to Plat Book 3; Pa_~e 2 of the official records of
Palm Beach County, F1
You, as the record owner, of, or holder of an interest in, the above describad property
are hereby advised that a cost of ..$4,063.82 by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19__, has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 6-6-97 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken 1o remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the ...
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. ired_by
the decision of the Board of Construction Appeals within a stated period of time; You
failed to take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official,
- 4 - Res. No. 60-97
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
7-!5-97 at a cost of $4,063.82 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CiTY COMMISSION
City Clerk
- 5 - Res. No. 60-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'/
\
SUBJECT: AGENDA ITEM # Z.a. - MEETING OF AUGUST 19, 1997
RESOLUTION NO. 61-97
DATE: AUGUST 15, 1997
This is a resolution assessing costs for emergency action
required to fill in an abandoned septic tank on property located
at 343 N.W. 4th Avenue. The resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien on
this property in the event the assessment of $472.16 remains
unpaid.
Recommend approval of Resolution No. 61-97 assessing costs for
abating a nuisance on property at 343 N.W. 4th Avenue.
R~SOLUTION NO.61-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No.61-97
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailin§
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 61-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Lula Leas Taylor MQs8
ADDRESS: q&~ Nt4 ~rh A~.~,,.: Delsey B.aah~ F1 33&&~
PROPERTY: 343 NW 4th Avenue, Delray Beach, F1 33444
LEGAL DESCRIPTION: S50' of N200' of W135' of Block 33
according to Plat Book 1, Page 3 of the official records of Palm
Beach County, Florida
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $472.:t6 .by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied againstthe above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 7-23-97 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the .-
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice o! Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Constrbction Appeals. You were given written notification on
that you were required to take the corrective action requ. ired__by
the decision of the Board of Construction Appeals within a stated period of time~ You
failed to take the action as required by the order of the Board o.f Construction Appeals.
:
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
- 4 - Res. No. 61-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Lula Leas Taylor. MOSS...
ADDRESS: 3/.t NW /,Ch Aven,,e.. Delray Reach; F1 33444
PROPERTY; 343 NW 4th Avenue, Delray Beach, F1 33444
LEGAL DESCRIPTION: S50' of N200' of W135' of Block 33
accordins to Plat Book 1, Page 3 of ..the official records of Palm
Beach County, Florida
You, as the record owner, of, or holder of an interest in, the above describad property
are hereby advised that a cost of $472.16 by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19__, has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 7-23-97 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and 1hat the action would be initiated
by the City if you failed to act.
× You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structu're.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. ired__by
the decision of the Board of Construction Appeals within a stated period of time; You
failed to take the action as required by the order of the Board of Construction Appeals.
_,
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
- 4 - Res. No. 61-97
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
7-23-97 at a cost of $472o16 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CiTY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CiTY COMMISSION
City Clerk'
- 5 - Res. No. 61-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'S"l
SUBJECT: AGENDA ITEM # ~.F. - MEETING OF AUGUST 19, 1997
RESOLUTION NO. 62-97
DATE: AUGUST 15, 1997
This is a resolution assessing costs for abatement action
required to remove nuisances on 31 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 62-97 assessing costs for
abating nuisances on 31 properties within the City.
RESOLUTION NO. 62-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written.
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days~
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property,- as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 62-97
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 62-97
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
ATLANTIC PARK GARDENS, BERTHA PALMER $ 75.00
DELRAY, LT 16, BLK 1, 35 NW 13TH AVENUE 70.00 (ADM. COST)
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444
RECORDS, PALM BEACH
COUNTY, FL
(35 NW 13TH AVENUE)
TOWN OF DELRAY, LT 14, FRED WILSON & $ 16.00
BLK 27, PB 21, P 43, FREDDIE WILSON & 70.00 (ADM. COST)
PUBLIC RECORDS, PALM HELEN WILSON
BEACH COUNTY, FL 114 NW 4TH AVENUE
(114 NW 4TH AVENUE) DELRAY BEACH, FL 33444
POINCIANA HGTS OF A.L. & OLETHA WHEELER $ 244.00
DELRAY BEACH, LT 25, 331 NW 12TH AVENUE 70.00 (ADM. COST)
PB 26, P 245, PUBLIC DELRAY BEACH, FL 33444
RECORDS, PALM BEACH
COUNTY, FL
(331 NW 12TH AVENUE)
ATLANTIC PARK GARDENS, HELENA SMITH $ 51.00
DELRAY LT 17, BLK 1, 10404 PIPPIN LANE 70.00 (ADM. COST)
PB 14, P 56, PUBLIC ROYAL PALM BEACH, FL 33411
RECORDS, PALM BEACH
COUNTY, FL
(37 NW 13TH AVENUE)
ATLANTIC GARDENS DELRAY, P. & GENEVA ROBINSON & $ 75.00
LT 6, BLK 9, PB 14, P 63, E & DELORIS JOHNSON, JR. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 322 NW 3RD STREET
BEACH COUNTY, FL BOYNTON BEACH, FL 33435
(VAC LOT NORTH OF
125 SW llTH AVE)
TOWN OF DELRAY, W 50' JOHNNIE MARTIN, JR. $ 85.00
OF E 200' OF S 135' OF 215 SW 7TH AVENUE 70.00 (ADM. COST)
S 1/2 OF BLK 22, PB 10, DELRAY BEACH, FL 33444
P 38, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(515 SW 2ND STREET)
DEL IDA PARK, LTS 3 TO GERALD L. KUNZE $ 16.00
5, INC., BLK 8 (DEL-IDA 252 BARCELONA ROAD 15.00 (ADM. COST)
PARK HISTORIC DISTRICT) WEST PALM BEACH, FL 33401
PB 9, P 52, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(503 NE 2ND AVENUE)
- 4 - Res. No. 62-97
TROPIC PALMS PLAT NO. 1 EDIN DEVELOPMENT TRUST $ 35.00
LOT 60, PB 25, P 99, c/o ADEL KARABACHI 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 5790 NW 74TH AVE. #205
BEACH COUNTY, FL COCONUT CREEK, FL 33066
(VAC LT 500 BLOCK OF
LINDELL BLVD.)
TOWN OF DELRAY, LT 23, GRACE BARNETT $ 99.00
BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM WEST PALM BEACH, FL 33407
BEACH COUNTY, FL
(509 SW 3RD STREET)
TOWN OF DELRAY, LT 16, GRACE BARNETT $ 51.00
BLK 35, PB 1, P 3, 1401 39TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM WEST PALM BEACH, FL 33407
BEACH COUNTY, FL
(309 NW 1ST STREET)
ATLANTIC PARK GARDENS, KEVIN B. BALLARD $ 32.00
DELRAY, LT 16, BLK 3, 142 SW 14TH AVENUE 70.00 (ADM. COST)
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444
RECORDS, PALM BEACH
COUNTY, FL
(114 & 116 SW 12TH AVE)
TOWN OF DELRAY, LT 14, CLARENCE G. WEST & $ 24.00
BLK 79, PB 10, P 1, CARMON L. WEST 70.00 (ADM. COST)
PUBLIC RECORDS, PALM PO BOX 1356
BEACH COUNTY, FL DELRAY BEACH, FL 33447
(VAC LOT SO. OF
243 SE 1ST AVENUE)
TOWN OF DELRAY, LT 3, ROBERT Go ALLEN & $ 51.00
BLK 47, PB 12, P 81, PATRICIA ALLEN 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 206 SW 2ND AVENUE
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(206 SW 2ND AVENUE)
TOWN OF DELRAY, LT 42, JAMES R. CHARLOW, EST. $ 32.00
BLK 32, PB 6, P 97, c/o F. JOHNSON 70.00 (ADM. COST)
PUBLIC RECORDS, 240 REIGLE AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(347 SW 5TH AVENUE)
TOWN OF DELRAY, E 87' OF EDWARD & GLORIA SUTTON $ 32.00
S 123' OF BLK 10, PB 1, 601 NW 2ND STREET 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(601 NW 2ND STREET)
- 5 - Res. No. 62-97
SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE L. BROWN $450.00
OF SE 1/4 OF SW 1/4/UNREC 802 SW 3RD STREET 70.00 (ADM. COST
LOT 1, PUBLIC RECORDS, DELl{AY BEACH, FL 33444
PALM BEACH COUNTY, FL
(802 SW 3RD STREET)
TOWN OF DELRAY, LTS 8 & ALFREDA GORDON $ 56.00
9, BLK 15, PB 13, P 18, 1824 NW 68TH STREET 70.00 (ADM. COST
PUBLIC RECORDS, MIAMI, FL 33147-7458
PALM BEACH COUNTY, FL
(SW 7TH AVENUE)
OSCEOLA PARK, LTS 20 & JOSEPH C. ARISTILDE & $ 24.00
21, BLK 6, PB 3, P 2, PROMESSE BIEN-AIME 70.00 (ADM. COST
PUBLIC RECORDS, 618 SW 9TH COURT
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(119 SE 6TH STREET)
ATLANTIC PARK GARDENS LENNARD & MEARLENE JOSEY $ 24.00
DELRAY, LT 19, BLK 4, 505 SUNSET ROAD 70.00 (ADM. COST
PB 14, P 56, PUBLIC BOYNTON BEACH, FL 33435
RECORDS, PALM BEACH
COUNTY, FL
(226 & 228 SW 12TH AVE.)
SOUTHRIDGE, LT 40, ANNE M. DORCEUS & $ 51.00
BLK 1, PB 13, P 38, JEAN S. JEUNE & 70.00 (ADM. COST)
PUBLIC RECORDS, PALM JUDE DESIN
BEACH COUNTY, FL 221 STERLING AVENUE
(221 STERLING AVENUE) DELRAY BEACH, FL 33444
OSCEOLA PARK, LTS 6 & 7, MARK J. & JOAN DURBIN $ 32.00
BLK 3, PB 3, P 2, 401 SE 6TH STREET 15.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, 33483
BEACH COUNTY, FL
(401 & 405 SE 6TH ST.)
ATLANTIC GARDENS DELRAY, CURTIS M. WILLIAMS & $ 32.00
LT 24, BLK 6, PB 14, ZERLEAN S. WILLIAMS 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, 513 SW 6th STREET
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(144 SW llTH AVENUE)
SUNDY & TENBROOK ADD JONIE WELLS $ 16.00
TO DELRAY, LT 22, PB 12, 310 WASHINGTON AVENUE 70.00 (ADM. COST)
P 32, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(SW 4TH STREET)
-6- Res. No. 62-97
TOWN OF DELRAY, N 1/2 AMY CHARLOW $ 51.00
OF LT 5, BLK 30, 125 SW 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(125 SW 5TH AVENUE)
ATLANTIC GARDENS DELRAY, EVELYN CLINTON $ 35.00
LT 19, BLK 10, PB 14, 213 SW 14TH AVENUE 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(SW 10TH AVENUE)
TOWN OF DELRAY, S 50' HOUSING INVESTMENT CORP. $ 67.00
OF N 250' OF E 135' OF TRUSTEE # 1088 70.00 (ADM. COST)
BLK 13, PB 1, P 3, PO BOX 530731
PUBLIC RECORDS, PALM MIAMI SHORES, FL 33152
BEACH COUNTY, FL
(20 SW 6TH AVENUE)
TOWN OF DELRAY, S 1/2 ETHEL MACKEY $ 51.00
OF LT 5, BLK 30, PB 1, c/o SHIRLEY M. WALLACE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, 1120 NW 64TH STREET
PALM BEACH COUNTY, FL MIAMI, FL 33150-4231
(129 SW 5TH AVENUE)
TOWN OF DELRAY, LT 18, MATILDA JOHNSON $ 51.00
BLK 23, PB 10, P 69, 225 SW 6TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(225 SW 6TH AVENUE)
TOWN OF DELRAY, LT 17, BERTHA PRESTON $ 51.00
BLK 23, PB 10, P 69, 1001 WEST 3RD STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM RIVIERA BEACH, FL 33404
BEACH COUNTY, FL
(217 SW 6TH AVENUE)
TOWN OF DELRAY, W 55' MARIE QUINCE $ 51.00
OF LTS 11 & 12, BLK 23, 506 SW 14TH AVENUE 70.00 (ADM. COST)
PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444
RECORDS, PALM BEACH
COUNTY, FL
(SW 3RD STREET)
RIDGEWOOD HEIGHTS DELRAY, RPI MANAGEMENT CORP. $ 51.00
LT 23, BLK C, PB 14, P 44, 209 NE 95TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM MIAMI, FL 33139
BEACH COUNTY, FL
(1106 SW 7TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE
-7- Res. No. 62-97
MEMOR_~R~DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~[
SUBJECT: AGENDA ITEM ~ ~.~. - MEETING OF AUGUST 19, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: AUGUST 15, 1997
Attached is the Report of Appealable Land Use Items for the
period August 4 through August 15, 1997. It informs the Commis-
sion 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
DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF AUGUST 19, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
AUGUST 4, 1997 THRU AUGUST 15, 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 August 4,
1997 through August 15, 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 August 19, 1997
Page 2
No Regular Meeting of the Board was held during this period.
A. Tabled (5 to 0, Pakradooni absent), the request for a free standing
sign and one fiat wall sign for Radio Shack at the Shoppes of
Delray located on east side of Military Trail and north of Atlantic
Avenue.
B. Approved (5 to 0) with conditions, a request to extend the
temporary parking lot approval for 18 months (February 5, 1999)
at the LeYenger Facility, located on the west side of Congress
Avenue, south of Atlantic Avenue.
C. Approved (5 to 0), the architectural elevation plan (awning addition)
and color change for Rosner Shoppes, located at the southwest
corner of East Atlantic Avenue and Bronson Avenue.
D. Approved (5 to 0) with conditions, the site plan, and architectural
elevation plan for Delray Town Center Phase II, located on the
north side of Linton Boulevard, approximately 600 feet east of
Military Trail. The development proposal involves the construction
of a one-story 49,800 sq. ft. retail shopping center with two one-
story outbuildings each containing 6,500 sq. ft. The landscape plan
was tabled so that the applicant may finalize perimeter buffer
treatment.
1. Approved (5 to 0, Farrington and Turner absent), the Certificate of
Appropriateness to allow the renovation of the rear cottage and
installation of fencing along the driveway at 246 N. Swinton
Avenue.
City Commission Documentation
Appealable Items Meeting of August 19, 1997
Page 3
2. Approved (5 to 0), the Certificate of Appropriateness to allow a
change in the roof material from asphalt shingles to a standing
seam metal roof for a contributing single family residence at 125 S,
Swinton Avenue,
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR CULF S~EA. BLVd.
CITY COMMISSION MEETING
OF AUGUST 19, 1997
L-30 CANAL
.J
~O LAKE IDA ROAD
N.W. 2ND
LOWSON BOULEVARD '"'
LINTON BOULEVARD
i BOULEVARD
L-58 CANAL C-15 CANAL
c,~ L,M,TS ........... S.P.R.A.B.: H.P.B.:
A. - RADIO SHACK-SHOPPES OF DELRAY 1. - 246 N. SWINTON AVENUE
B. - LEVENGER 2. - 125 S. SWlNTON AVENUE
i MILE
I C. - ROSNER SHOPPES
I
I
D. - DELRAY TOWN CENTER PHASE II
SCALE
CI~P~ OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- D/G/i'A/. B.45.~ M.4P 5'Ycj/"EM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~t
SUBJECT: AGENDA ITEM # ~. H. - MEETING OF AUGUST 19, 1997
AWARD OF BIDS AND CONTRACTS
DATE: AUGUST 15, 1997
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid award to Best Real Estate, Inc./Edward Kaplan for
rehabilitation of a single family unit at 515 S.W. 5th
Avenue owned by the City under the HOPE 3 program in the
amount of $26,769.75; $11,769.75 from 118-1922-554-49.19,
and $15,000 from 118-1924-554-49.19.
2. Bid awards through the Community Development Block Grant
Program; $7,344.75 to Craftsman Plus, Inc. for 930 S.W. llth
Terrace; $9,938.25 to Craftsman Plus, Inc. for 30 S.W. 13th
Avenue; and $16,537.50 to Best Real Estate, Inc./Edward
Kaplan for 51 N.W. 9th Avenue, with funding from 118-1963-
554-49.19.
3. Purchase award to Data Flow Systems, sole source for SCADA
Telemetry Equipment to maintain compatibility with the
City's telemetry system; for remote monitoring and control
of the Aquifer Storage and Recovery well, in the amount of
$20,331 from 440-5179-536-69.18.
AGENDA REQUEST
Request to be placed on: Date: August 13, 1997
~ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: August 19, 1997
Description of Item (who, what, where, how much): Requesting approval to award
contracts for rehabilitation of City_ HOPE 3 unit(s) located at 515 SW 5th Avenue for
$26,769.75.
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff'recommends approval of the HOPE 3 Housing Rehabilitation and
contract award from Account No. 118-1922-554-49.19 for $11,769.75 and Account No.
118-1924-554-49.19 for 15,000.00. Grant amounts include contingencies.
(Example: Recommend approval with funding from Special Events Account No. 001-
Department Head Signatur
City Attorney Review/Recommen/~(if applicable): \ \
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~O
Funding Alternatives: (if~Pli~able
Account No. & Description: I ~--~-1012 7~-~---'q .--~- 16} 3~5
Account Balance: ~ ['~,ql~ ~
City Manager Review:
Approved for Agenda: ~/NO ~'~
Hold Until: .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
white~eoagend~hp3
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator
THRU: Lula Butler, Community Improvement Director
DATE: August 13, 1997
SUBJECT: Commission Agenda Request/HOPE 3 Rehabilitation
ITEMS BEFORE THE COMMISSION
This is to request approval to award a contract for the rehabilitation of single family housing
unit(s) owned by the City of Delray Beach under the HOPE 3 home ownership program. The
unit(s) are located at: 515 SW 5th Avenue.
BACKGROUND
Commission approved acquisition of the property (properties) on June 4, 1996 according to City
policy and federal regulations governing the HOPE 3 program. The unit(s) was (were) purchased
with the intent to rehabilitate them for resale to qualified low/moderate income homebuyers. The
resale price of the units will be based on the appraised value of the units after rehabilitation.
The grant award is based on the actual cost of the rehabilitation as determined by thc low bidders
plus a 5% contingency. The contingency may be used for change orders and all unused funds
remain with the HOPE 3 Rehabilitation Program.
The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs,
electric and plumbing systems and correcting other incipient code violations. Detailed work write-
ups and individual case files are available for review at the Community Development Division
Office.
The Contract Award and Bid Summary sheets are attached for your reference.
RECOMMENDATIONS
Staff recommends approval to award the contract bid(s) as follows:
Case # Address Grant Amount
97-304HO 515 SW 5th Avenue $ 26,769.75
7./4./.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION
BID INFORMATION SHEET FOR HOPE IH
BID #: 97-43HR
APPLICANT: City of Delray Beach
APPLICATION #: 97-304HO
PROJECT ADDRESS: 515 SW 5th Avenue
DATE OF BID LETTERS: July 30, 1997
DATE OF BID OPENING: August 11, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ 39~635.00
A. F. DOZER, INC. $ 28~500.00
ALPHA SOUTH CONSTRUCTION $
BEST REAL ESTATE, INC.\EDWARD KAPLAN $ 25~495.00
CRAFTSMAN PLUS, INC. $ 33~985.00
DAKOTA CONSTRUCTION INC. $ 47~018.40
FIRST CHOICE CONTRACTORS $ 33~226.25
HENRY HAYWOOD $
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GREAVE $
SOUTH FLORIDA CONSTRUCTION $ 31~320.00
TOMMY PRESTON $
IN-HOUSE-ESTIMATE: $ 29~605.00
CONTRACTOR AWARDED CONTRACT: Best Real Estate~ Inc.kEdward Kaplan
BID/CONTACT AMOUNT: $25~495.00
COMMENTS:
white\bidinfo.doc
AGENDA REQUEST
Request to be placed on: Date: August 13, 1997
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: August 19, 1997
Description of item (who, what, where, how much):
Case# Address Contractor Grant Amount
95-034HR 930 SW llth Ter. Craftsman Plus, Inc. $ 7,344.75
95-033HR 30 SW 13th Ave. Craftsman Plus, Inc. $ 9,938.25
96-017HR 51 NW 9th Ave. Best Real Estate, Inc. $16,537.50
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draf~ Attached: YES/NO
Recommendation: Recommend approval of Community Development Block Grant
Program Housing Rehabilitation Grant Award and Contract Award(s) from Account
# 118-1963-554-49.19 grant amount includes contingency.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55).
~;artAl~fnrnte ~ei~v~g nw~t:~e:x...~ ~ ~/~ommendatYon (if ap~licab le)..~..~.~ ~~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~O
Funding Alternatives: (ifgpplicable)~_,
Account No. & Description: [ qq ~ Ic~ +4oc 'Y. ccb.
Account Balance: ~ [~iO-l~
City Manager Review:
Approved for Agenda: ~/NO ~r,~"1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
whiteXcoagenda, doc
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator
THRU: Lula Butler, Community Improvement Director
DATE: August 13, 1997
SUBJECT: Community Development Block Grant Program Activities Housing
Rehabilitation Grant Awards
ITEMS BEFORE THE COMMISSION
This is to request approval for Housing Rehabilitation Grant Award(s). This request is in
accordance with the City's Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation as determined by the low
bidders plus a 5% contingency. The contingency may be used for change orders and all
unused funds remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Division. Contracts are executed between the
building contractor and the property owner. The City remains the agent and this office
monitors all work performed by the contractor ensuring compliance according to
specifications and program guidelines. Pay request forms require both contractor and
homeowner's signatures. Grant recipients have met all eligibility requirements as specified
in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your reference.
RECOMMENDATIONS
Staff recommends awarding the bids for the Housing Rehabilitation project(s) to the
verified low bidders and authorizes the award of the Community Development Block
Grant funds for the following:
Case # Address Grant Amount
95-034HR 930 SW llth Terrace $ 7,:}44.75
95-055HR 30 SW 13th Avenue $ 9,938.25
96-017HR 51 NW 9th Avenue $16,537.50
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION
BID INFORMATION SHEET
BID #: 97-42HR
APPLICANT: Birdie Mae Holton
APPLICATION #: 95-033HR
PROJECT ADDRESS: 30 SW 13th Avenue
DATE OF BID LETTERS: July 30, 1997
DATE OF BID OPENING: August 11, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
A. F. DOZER, INC. $
ALPHA SOUTH CONSTRUCTION $ 11,680.00
BEST REAL ESTATE, INCAEDWARD KAPLAN $
CRAFTSMAN PLUS, INC. $ 9,465.00
DAKOTA CONSTRUCTION INC. $ 15,910.40
FIRST CHOICE CONTRACTORS $ 13,005.00
HENRY HAYWOOD $
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $ 11,625.00
TOMMY PRESTON $
IN-HOUSE-ESTIMATE: $ 10,665.00
CONTRACTOR AWARDED CONTRACT: Craftsman Plus, Inc.
BID/CONTACT AMOUNT: $9,465.00
COMMENTS:
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 97-42HR
APPLICANT: Betty J. Goodman
APPLICATION #: 95-034HR
PROJECT ADDRESS: 9:}0 SW llth Terrace
DATE OF BID LETTERS: July 30, 1997
DATE OF BID OPENING: August 11, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
A. F. DOZER, INC. $ 8,495.00
ALPHA SOUTH CONSTRUCTION $
BEST REAL ESTATE, INC.~EDWARD KAPLAN $ 5,290.00
CRAFTSMAN PLUS, INC. $ 6,995.00
DAKOTA CONSTRUCTION INC. $ 8,177.00
FIRST CHOICE CONTRACTORS $ 7,514.000
HENRY HAYWOOD $
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $ 7,340.00
TOMMY PRESTON $
IN-HOUSE-ESTIMATE: $ 6,580.00
CONTRACTOR AWARDED CONTRACT: Craftsman Pl#s~ Inc.
BID/CONTACT AMOUNT: $ 6,995.00
COMMENTS: Best Real Estate, Inc. will exceed the three job limit of polic¥~ contractor
selected.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 97-42HR
APPLICANT: Herbert Wilson
APPLICATION #: 96-017HR
PROJECT ADDRESS: 51 NW 9th Avenue
DATE OF BID LETTERS: July 30, 1997
DATE OF BID OPENING: August 11, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ 17,125.00
A. F. DOZER, INC. $
ALPHA SOUTH CONSTRUCTION $
BEST REAL ESTATE, INCAEDWARD KAPLAN $ 15,750.00
CRAFTSMAN PLUS, INC. $ 18,425.00
DAKOTA CONSTRUCTION INC. $ 24,617.44
FIRST CHOICE CONTRACTORS $ 17,310.00
HENRY HAYWOOD $
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $ 18,430.00
TOMMY PRESTON $
IN-HOUSE-ESTIMATE: $ 15,225.00
CONTRACTOR AWARDED CONTRACT: Best Real Estate, IncAEdward Kaolan
BID/CONTACT AMOUNT: $15,750.00
COMMENTS:
Agenda Item No. f/.
AGENDA REQUEST
Date: 8/12/97
Request to be placed on:
Workshop Agenda When: 8/19/97
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of sole source
purchase of SCADA telemetry equipment from Data Flow Systems, Inc. in the amount of $20,331.00, for remote
monitoring and control of the Acquifer Storage and Recovery Well. This equipment is sole source to maintain
compatibility with the City's telemetry system. Items were not included in Phase II bid documents to avoid
paying contractor's mark-up. Funding is from 1993 Water and Sewer Revenue Bond Account 440-5179-536-
69.18, Aquifer Storage & Recovery.
ORDINANCE/RESOLUTION REQUIRED: YES~.~Q DRAFT ATTACHED YES~_...Q.._
Recommendation: Staff recommends approval o~fRl)sourc~r~urchase fr~)ata Flow Systems, Inc.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds): Funding availab .~0
Funding alternatives :if applicable)
Account No. & De~ription
Account Balance
City Manager Review: Approved for agenda: ~/NO Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Acting ESD Director~
SUBJECT: ASR WELL PHASE II - PROJECT NO. 93055
DATE: August 12, 1997
Attached is an agenda request and copy of a quote from Data Flow Systems, Inc., in the amount of $20,331.00,
for provision of SCADA system additions required for remote monitoring/operation of the Acquifer Storage and
Recovery Well. These items will be installed with the Phase II ASR construction contract. Since DFS
equipment is required for compatibility with our telemetry system, the sole source purchase is necessary. These
items are intentionally omitted from the contract bid documents to avoid paying contractor's mark-ups on the
materials. Funding is from 1993 Water and Sewer Revenue Bond Account 440-5179-536-69.18, Aquifer
Storage & Recovery.
Please place this item on the August 19, agenda for consideration by the City Commission.
RCH:cl
cc: Randal Krejcarek
Robert Bullard
File 93055D
Data l low Systems, Inc.
August 4, 1997 Quote No. 970804-03-dw
Mr. Clayton Gilbert
City of Delray. Beach
Fax: 561-243-7344
Re: ASR Well Facilities- REVISED
Dear Clayton:
I am pleased to offer a quotation for a remote terminal unit (RTU) and sp~re parts, compatible with Deh'ay's
existing radio telemetry system. ~br the above-captioned project. The unit [is offered as a turnkey product and
includes all necessary installation labor and materials (conduit, wire. concrete, tie wraps, mounting hardware).
The unit includes: '--X
(1) RTU210
(1) 316 ss enclosure w/modular backplanes
(1) Radio Interthce Module/radio
(1) Programmable Logic Controller
Progranmfing, Debugging & Documentation
(3) Digital Control/monitor ModUle
(3) Analog Monitor Module
(1) gmalog Control Module
(1) Power Supply Module
(3) Spare Module Positions
(1) Backup batters.,
(1) Complete antmma subsystem (ROHN tower ~ot mci.)
(1) Installation materials and labor
Spare Parts
(1) Radio Interface Module/radio (RIM006)
(1) Progrm~r~able Logic Controller (PLC001) **
(1) Digital Control/monitor Module (DCM002)
(1) Analog Monitor Module (AMM002)
(1) .~alog Control Module (ACM001 )
(1) Power Supply Module (PSM002)
* * Spare PLC Module will be delivered pre-programmed.
one page to follow
DataFlow Systems, Inc. · 659 Eau Gallic Blvd. · Melbourne, Florida 32935 · PH:(407) 259-5009 · FAX(407)259-4006
This quotation totals $20,331.00. Terms are NET 30. Lead time is 120 days ARO. This quote will be honored
for 90 days.
Please feel free to give me a call with any questions.
Thank you for this opportunity to of[~r our services.
Sincerely,
Data Flow Systems, inc.
David S. Walker Jr.
Sales
c:\letterCdelray\asr wells\gi970804-2.quo
end of fax
DataFlow Systems, Inc. · 659 Eau Gallie Blvd. · Melbourne. Florida 32935 · PH:(407) 259-5009 · FAX(407)259-4006
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERShiP/
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF AUGUST 19, 1997
PROPOSED PEDI-CAB/RICKSHAW SERVICE
DATE: AUGUST 15, 1997
We have received the attached proposal from Mr. Aldo Cirelli to
establish a non-motorized pedi-cab and rickshaw operation in
Delray Beach.
At Mr. Cirelli's request, I have placed this item on your agenda
for consideration. He has indicated he will be present at Tuesday
night's meeting.
This issue was previously presented to the Commission on February
18, 1997. At that time it was the consensus of the Commission to
defer any action regarding the proposal until other issues pending
with respect to the downtown have been dealt with. A copy of the
minutes from that discussion is attached.
The issue of how to appropriately manage valet parking in the
downtown area remains unresolved. The traffic study on the
one-way pairs and other issues is in the analysis phase. We
expect to receive their report within the next month. The Parking
Management Team has scheduled a town meeting on parking for
September 25th, at which time valet parking and other downtown
parking issues will be discussed.
Unfortunately, the questions which led the Commission to defer
action on pedi-cabs still remain unanswered. We should have more
answers within a couple of months, however. In light of these
facts, the Commission may wish to defer action on pedi-cabs for
another two to three months.
ref: agmemo9
them at the Ingraham location, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 0 vote.
9.C. REQUEST FOR RELEASE OF LIEN/THE HOUSE OF GOD CHURCH:
Consider a request from The House of God Church for release of a
lien against property located at 48-1/2 N.W. 3rd Avenue (Lot 11,
Block 36, Town of Delray).
The City Manager explained that the City had demolished
a building on the property at an out-of-pocket cost of $2,172.00.
With administrative charges and interest, the current amount of
the lien is $2,854.86. The lien was filed prior to the date the
church closed on the property, but whoever handled the closing
for the church failed to find the lien and the church is now
asking that the lien be released. The City Manager stated that
if the Commission is inclined to do so, he would recommend that
only a partial release be considered so that the City can at
least recover our out-of-pocket costs for the actual demolition.
After discussion, it was the consensus of the Commis-
sion to suggest to the applicant that relief be sought from the
party who handled the closing transaction since that is where the
mistake was made.
Mr. Ellingsworth moved to deny the request from The
House of God Church for release of a lien against property
located at 18-1/2 N.W. 3rd Avenue (Lot 11, Block 36, Town of
Delray), seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion to deny passed
with a 4 to 0 vote.
9.D. SPECIAL EVENT APPROVAL/3RD ANNUAL S.O.S. "TASTE OF THE
GROVE": Consider a request from Pineapple Grove Main Street, Inc.
for special event approval in support of the 3rd Annual S.O.S.
"Taste of the Grove" to be held on March 23, 1997.
Mr. Egan moved to approve the special event request for
the 3rd Annual S.O.S. "Taste of the Grove" to be held on March
23, 1997, as recommended by staff, seconded by Mr. Ellingsworth.
Upon roll call the Commission voted as follows: Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes.
Said motion passed with a 4 to 0 vote.
9.E. PROPOSED PEDI-CAB SERVICE: Provide direction regarding
a proposal by a private business to establish a pedi-cab or
bicycle taxi transportation service in the downtown and beach
area of the City.
Diane Dominguez, Planning Director, stated she is
seeking direction on a request from a private business to estab-
lish a pedi-cab or bicycle taxi transportation service in the
-10- 2/18/97
downtown and beach areas of the City. The taxis are operated by
a driver who may either pedal manually or who may be assisted
mechanically with a small moped motor. The pedi-cab taxi service
will be available seven (7) days a week from 9:00 a.m. to 11:00
p.m. (possibly as late as 2:00 a.m. on Friday and Saturday nights
to take the bar patrons home). She reported that staff had done
some research and found that in other places where this service
is available, the comments overall were favorable. Since the
City does not currently have an ordinance which deals with
non-motorized transportation, the City would have to establish an
ordinance and have a license agreement with the company. Before
getting into that, staff wanted to bring it to the Commission to
see if there is interest in pursuing it.
Mr. Egan commented that with the resurgence of the
downtown area, alot of things have happened very quickly and
there are alot of issues to be dealt with. Instead of just
outright saying no to this particular use, he recommended that it
be put on hold for a period of time until some decisions are
reached about a number of other issues affecting the downtown,
such as valet parking, lighting concerns, traffic signals and
flow, and noise concerns.
On question from Mayor Alperin, the City Attorney
stated her position is that the contemplated pedi-cab service is
a use not permitted at this point within the City and which is
not allowed to use the City's rights-of-way.
Mr. Randolph expressed concern about any liability the
City may be held responsible for due to any accidents which may
occur with the pedi-cabs on City streets. He felt it imperative
that if and when an ordinance is created, it must be very clear
that the City is not to be and will not be held liable for these
types of things.
Mayor Alperin stated that he has some reservations
about the moped motor, and expressed concern about the potential
for such a use to further inhibit traffic flow in the downtown.
In addition, the use would have to be considered on a temporary
basis and there would need to be a limitation on how many pedi-
cabs and operators would be allowed.
It was the consensus of the Commission to defer any
action regarding this item until other issues currently pending
with respect to the downtown have been dealt with.
At this point, the time being 7:25 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10.,. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 3-97: An ordinance amending Section
71.060, "Parking Meter Permits", of the City Code by amending the
-11- 2/i8/97
APPLICATION FOR RICKSHAWS PERMIT
DEAR MEMBERS OF DELRAY CITY COMMISSION,WE WILL LIKE TO OPEN A
NON -MOTORIZEDPEDICAB AND RICKSHAW OPERATION IN DELRAY CITY
LIMIT. WE HAVE WORKED WITH A NON MOTORIZED PEDICAB IN KEY WEST,FL.
ALSO WE HAVE LICENCES FOR THE CITY OF WEST PALM BEACH.
MY WIFE SAMANTHA CIRELLI AND MY SELF ALDO CIRELLI OWNERS OF
CIRELLI PLANET RICKSHAW WILL LOVE TO WORK AND LIVE IN YOUR CITY.
WE , AS OPERATOR IN THE CITY WILL BE WELCOMING TOURISTS TO THE
CITY, AND WILL ENRICH THEIR EXPERIENCE HERE. OUR OPERATORS
INCLUDING MY WIFE AND MY SELF, WILL BE FRIENDLY, KNOWLEGEABLE AND
COURTEOUS,AND BE ABLE TO PROVIDE THEM VITH INFORMATION ON
CULTURAL EVENTS, SPECIAL RESTAURANTS,SHOPPING, WATER
SPORTS,PLACE TO VISIT OR STAY AND THE UNIQUETHINGS TO DO IN THE
CITY. THE EMPHASIS OF OUR COMPANY WILL BE TO BE PART OF THE
COMMUNITY, OFFERING OUR SERVICES TOWARDS BENEFITS,FUND RAISERS
AND PARADE. WE ASK THE CITY COMMISSION TO AGENDA THE APPLICATION
FOR CONSIDERATION. THE CURRENT ADRESS OF APPLICANT IS:
ALDO AND SAMANTHA CIRELLI
40 HENDRICKS ISLE SUITE #6
FT.LAUDERDALE FL. 33301
(954) 524-7798
ALDO CIRELLI
Non-Motorized Vehicle
Exhibit #lA:
PEDICAB
NUMBER: TEN
MAKE: MAIN STREET PEDICABS
MODEL: PEDICAB WiTH FIBERGLASS BODY
DESCRIPTION: NON-MOTORIZED VEHICLE WHICH
TRANSPORTS TWO ADULT PASSENGERS IN A
FIBERGLASS CARRIAGE AND IS OPERATED BY A
PERSON PEDALLING AN ATTACHED BICYCLE. ALL
PEDICABS ARE IN NEW CONDITION
Non-Motorized Vehicle
Exhibit #1 B:
RICKSHAW
NUMBER:- TEN
MAKE: TIPPLE RICKSHAWS
MODEL: RICKSHAW WITH ALUMINUM FRAME
AND BIMINI CANOPY
DESCRIPTION: NON-MOTORIZED VEHICLE WHICH
TRANSPORTS TWO ADULT PASSENGERS IN A
SEATED STYLE RICKSHAW WHICH IS PULLED BY AN
OPERATOR
Non-Motorized Vehicle
Exhibit #7:
DAYS AND HOURS OF OPERATION: PEDICAB AND
RICKSHAW
HOURS: 9:00 AM TO 4:00 AM
DAYS: SEVEN DAYS A WEEK
EXHIBIT #8:
FARE TO BE CHARGED PER RIDE:
PED/CAt~:
FARE PER RIDE: Ten dollars for a fifteen minute ride
RICKSHA W
FARE PER RIDE: Ten dollars for ten minutes
EXHIBIT #9:
ADVERTISING:
Advertising will be placed on the back of each non-motorized
vehicle. We will find sponsorship with the restaurants, hotels, and
cultural events and the advertisement will be done in a tasteful
manner.
downtown and beach areas of the City. The taxis are operated by
~ ~ ..... e~ther Dedal manually or who may be assisted
~ ~ a .... ~-~=~ ~xi service
...... · ~= and have
getting into that,
see if there is int
Mr. Egan
downtown area, ale~ ~'~~~
there are slot of
outright saying no
be put on hold fc
reached about a
such as valet parking, lighting concerns, ....... _
flow, and noise concerns.
On question from Mayor Alperin, the City Attorney
stated her position is that the contemplated pedi-cab service is
a use not permitted at this point within the City and which is
not allowed to use the City's rights-of-way.
Mr. Randolph expressed concern about any liability the
City may be held responsible for due to any accidents which may
occur with the pedi-cabs on City streets. He felt it imperative
that if and when an ordinance is created, it must be very clear
that the City is not to be and will not be held liable for these
types of things.
Mayor Alperin stated that he has some reservations
about the moped motor, and expressed concern about the potential
for such a use to further inhibit traffic flow in the downtown.
In addition, the use would have to be considered on a temporary
basis and there would need to be a limitation on how many pedi-
cabs and operators would be allowed.
It was the consensus of the Commission to d_ef~r any
action re a~ng t~ until other issues currently pending
~i_~t~3espect__ t_~oth~--downtown h-~ been d~t with.- -------
At this point, the time being 7:25 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10. PUBLIC ~EARINGS:
10.A. ORDINANCE NO. 3-97: An ordinance amending Section
71.060, "Parking Meter Permits", of the City Code by amending the
-11- 2/18/97
To: David T. Ha~_~ Manager
From: Joseph M. SaUce Director
Date: August 15, 199~F~
Subject: Resolution Authorizing the Refunding of the 1991B Water/Sewer Bonds
The attached resolution (Resolution No. R-58-97), prepared by Mr. Stephen Sanford of Greenberg
Trauri~, authorizes the issuance of not to exceed $17,000,000 Water/Sewer Refunding Revenue
Bonds (Series 1997A). These bonds, if approved, will be issued to fully refund our current 1991B
Water/Sewer Bonds. This refunding will only be done if the net savings accruing to the City are
5% or more (interest cost savings net of costs and fees). This resolution is needed so that the
underwriters may enter the market as soon as the net savings are achieved.
We are asking that this resolution be approved by the City Commission on August 19, 1997.
In conjunction with this refunding process, Public Financial Management, Inc., our financial
advisors, have taken market bids and are recommending the following services be authorized per
the _att_ _a_ched correspondence dated August 14, 1997:
(1) Paying Agent/Registrar/Escrow Agent services from The Bank of New York (BNY)
(2) Financial printing services from Allied Printing
(3) Verification services from KPMG Peat Marwick
Please forward this information to the City Commission for approval on the agenda of August 19,
1997.
cc: Becky O'Connor, Treasurer
FIN CIALMANACW./U ,rr, INC.
~ ~ mvestment Mvisors
~4~-~-m? tmo ~-~-~ August 14, 1997
TO: Joe Safford
City of Delray Beach
FROM: Patti Garrett
Public Financial Management, Inc.
RE: Support Services Recommendation
Public Financial Management Inc. CPFM") has received bids from several banks, financial
printers and certified public accounting firms to serve as paying agent/registrar/escrow agent,
financial printer and verification agent for the City of Delray Beach's proposed Water & Sewer
Revenue Refunding Bonds, Series 1997A. Attached is our analysis of each proposal in terms of
cost and experience. The paying agent/registrar/escrow agent bid is based upon book-entry
status of the bonds.
For paying agent/registrar/escrow agent services, PFM received a total of four bids. The Bank of
New York CBNY") submitted the lowest total bid for providing these services over the life of
the bOnds. BNY submitted an annual bid of $450 for paying agent/registrar services and an
annual bid of $700 for escrow agent services (with the option of a one time upfront fee of
$2,590). Based upon the total cost over the life of the bonds, PFM recommends the City accept
the Bank of New York's proposal.
PFM received three bids for financial printing services. Allied Printing submitted a cost proposal
of $4,157 for printing the Preliminary Official Statement and Official Statement for the above
mentioned issue. PFM recommends the City accept Allied's proposal to serve as financial
printer.
For verification services, PFM received a total of three bids. KPMG Peat Marwick submitted the
lowest bid of $1,475. PFM recommends the City accept KPMG Peat Marwick's proposal to
serve as verification agent.
After your review, please call me at (941) 693-7117 to discuss.
cc: Becky O'Connor
Atlanta Austin l[~4xq~n Dallas Fort Myers Hantsburg Memphis Minneapolis Newport Beach Orlando Philadelphia Pittsburgh San Frandsco
RSW:3797-1 (2xh0l !.DOC) 08/14/97 10:22 AM
08/14/97 THU 11:29 FAX 9416936384 PUBLIC FiN.MG~/T. ~003
RESOLUTION NO. R 58-97
CITY OF DELRAY BEACH, FLORIDA
SUPPLEMENTAL WATER AND SEWER
REVENUE REFUNDING BOND RESOLUTION NO. 58-97
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $17,000,000
IN INITIAL AGGREGATE PRINCIPAL AMOUNT
CITY OF DELRAY BEACH, FLORIDA
WATER AND SEWER REVENUE BONDS
SERIES 1997 A
Adopted August 19, 1997
Res. No. 58-97
City of Delray Beach, Florida
Schedule of Water and Sewer Revenue Bonds (Series 1991)
Balance
Fiscal Year Outstanding
Ending Principal Interest at End of Interest
September 30 October I October I April ! Total Fiscal Year Rate
1997 $ 85,000 $ 455,991 $ 453,547 $ 994,538 $25,759,809 5.75%
i 998 95,000 453,547 450,769 999,316 24,760,493 5.85
1999 95,000 450,769 447,942 993,711 23,766,782 5.96
2000 105,000 447,942 444,740 997,682 22,769,100 6.10
200 ! 110,000 444,740 44 !,330 996,070 21,773,030 6.20
2002 120,000 441,330 437,550 998,880 20,774,150 6.30
2003 437,550 437,550 875,100 19,899,050 6.40
2004 437,550 437,550 875,100 19,023,950 6.55
2005 437,550 437,550 875,100 18,148,850 6.65
2006 437,550 437,550 875,100 17,273,750 6.80
2007 437,550 437,550 875,100 16,398,650 6.80
2008 3,335,000 437,550 337,500 4,110,050 12,288,600 6.00
2009 3,535,000 337,500 231,450 4,103,950 8,184,650 6.00
2010 3,745,000 231,450 119,100 4,095,550 4,089,100 6.00
2011 3,970,000 119,100 4,089,100 6.00
$15,195,000 $6,007,669 $5,55 !,678 $26,754,347
Original Authorization - $30,000,000
Issued - $1,390,000 Serial Bonds
$21,195,000 Term Bonds
Date of Issue - April 1, 1991
Maturity Range - Serial Bonds: October !, 1991 through October 1, 2004
Term Bonds: October 1, 2005 through October 1, 2010
Principal Payment Date - Serial Bonds: October I of each year through 2004
Term Bonds: October I of each year from 2005 through 2010
Interest Payment Dates - October I and April I of each year for both serial and bond term bonds
Denomination - $5,000
Call Features - Serial Bonds: October 1, 2001 through October !, 2004 at 100
- Term Bonds: October 1, 2006 through October 1, 2010 at 100
Paying Agent/Registrar - Comerica Boca Raton, Florida
Ratings - Moody's Aaa (AMBAC insured)
'-?: Standard & Poor's AAA (AMBAC insured)
The proceeds of these bonds are used for financing the cost of capital improvement~ including
modifications to the Regional Wastewater Treatment Plant, additiona and improvements to sanitary
sewer systems, and the con~a-uction of water transmission mains.
113
CITY OF DELRAY BEACH, FLORIDA
WATER AND SEWER REVENUE BONDS
SERIES 19918
CALLABLE BONDS
DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P+I
18/91/1997 -
18/81/1998 875.188.88 875,188.88
1~/~1/1999 875 1B~.BB 875,1Bg.89
18/81/2888 875 188.08 875,188.88
18/81/2~81 875 1BB.Bg 875,188.08
18/81/2982 875.189.80 875,188.BB
18/81/2083 875.188.88 875,188.88
18/81/2884 875 188.88 875,188.8B
18/01/2885 875~188.88 875,108.B8
18/81/2886 875 180.80 875,188.88
18/81/2887 3,335,888.88 6.888% 875 188.88 4,218,188.80
18/81/2888 3,535,888.88 6.888% 675 888.88 4,218,888.88
18/B1/2889 3,745,888.88 6.888% 46Z 988.88 4,287,988.88
18/81/2818 3,978,B88.08 6.888% 238 288.88 4,288,288.88
TOTAL 14,585,888.88 18,127,188.88 24,712,188.~0
YIELD STATISTICS
Bond Year Dollars ................................. $168,785.90
Average Life ...................................... 11.573 Years
Average Coupon .................................... 6.8888888%
~et Interest Cost (NIC) ........................... 6.8888889%
True Interest Cost (TIC) .......................... 6.9888888%
Bond Yield for Arbitrage Purposes ................. 6.8B888g0%
All Inclusive Cost (AIC) .......................... 6.8888888%
IRS FORH 8838
Net Interest Cost ................................. 6.888888~%
Weighted Average Haturity ......................... 11.573 Years
Raymond James & Associates, Inc. FILE = DELRAY-ws1991- SINGLE PURPOSE
Public Finance Department 7/24/1997 1B:44 AH
Date
Post-it' Fax Note 7671
CiTY OF DELRAY BEACH, FLORZDA
WATER AND SENER REFUNDING REVENUE BONDS
SERIES 1997
DEBT SERVICE COMPARISON
Date Total P+I Net New D/S Old Net D/S Savings
10/81/1997 - - -
10/01/1998 802,732.50 80~ 732.56 875,166.06 72,367.56
16/01/1999 865,672.50 805 072.50 875,106.00 76,627.56
10/61/2666 862,672.56 862 672.56 675,106.60 73,627.56
16/01/2B61 804,835.06 864 035.96 875,1B9.00 71,B65.96
16/81/2062 885,715.66 865 715.68 875,166.66 69,385.68
16/61/2663 862,162.59 862 162.59 875,160.09 72,997.56
16/01/2B64 863,447.56 803 447.59 875,109.06 71,652.59
16/91/2605 864,487.56 864 487.50 875,166.66 76,612.56
16/61/2966 865,266.96 865 266.66 875,166.96 69,846.66
16/01/2607 4,135,766.60 4,135,766.06 4,210,166.66 74,346.66
16/01/2668 4,137,756.66 4,137,756.66 4,210,066.66 72,256.66
10/91/2669 4,133,785.86 4,133,785.60 4,297,966.66 74,]15.66
18/91/2616 4,138,365.66 4,138,365.66 4,208,266.96 69,895.66
TOTAL 23,786,525.66 23,780,525.69 24,712,106.66 931,575.69
PRESENT VALUE ANALYSIS SUHHARY (NET TO NET)
Net PV Cashflow Savings 0 4.798% (Bond Yield) ..... 695,649.84
.NET PRESENT VALUE BENEFIT $695,649.64
NET PV BENEFIT / $14,585,668 REFUNDED PRINCIPAL... 4.766%
NET PV BENEFIT / $15,490,669 REFUNDING PRINCIPAL.. 4.487%
Raymond James & Associates, Inc. FILE = REFUND1-REFUND1- SINGLE PURPOSE
Public Finmnce Department 7/24/1997 11:66 AM
®
CITY OF DELRAY BEACH, FLORIDA
WATER AND SEWER REFUNDING REVENUE BONDS
SERIES 1997
SOURCES & USES
Dated lg/~1/1997 Delivered 1~/~1/1997
SOURCES OF FUNDS
Par Amount of Bonds ............................... $15,49B,6B~.gg
TOTAL SOURCES
USES OF FUNDS
Total Underwriter's Discount (e.8g~%) ............ 123,92e.g~
Costs of Issuance ................................. 9~,Beg.~
Gross Bond Insurance Premium ( 25.g bp) ........... 59,451.31
Deposit to Escrow Fund ............................ 15,216,439.23
Rounding Amount ................................... 189.46
TOTAL USES $15,49g,~.~
Raymond James & Associates, 1nc. FILE = NEWFILE-REFUND1- SINGLE PURPOSE
Public Finance Department 7/24/1997 11:e~ AM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM #~ --~'.~. - MEETING OF AUGUST 19, 1997
SERVICE AUTHORIZATION #4/HAZEN AND SAWYER
DATE: AUGUST 15, 1997
This is before the Commission to consider Service Authorization
#4 to Hazen and Sawyer for consulting services regarding the
performance of an inflow and infiltration study for the waste-
water system.
The scope of services in Phase I includes evaluation of system
characteristics of 43 lift station basins including wastewater
flows, pump run times, rainfall records, and water consumption.
A report of findings will be prepared which will estimate levels
of inflow/infiltration in each basin, and prioritize the systems
by severity of leakage for implementation of rehabilitation.
Recommend approval of Service Authorization #4 in the amount of
$25,032 to Hazen and Sawyer, with funding from Renewal and
Replacement - Manhole Rehabilitation (Account No. 442-5178-536-
61.84) through budget transfer.
Agenda Item No. 9.~--~ .
AGENDA REQUEST
Date:
Request to be placed on:
Workshop Agenda When:
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization No. 4 for Hazen and Sawyer in the amount of $25,032.00 for consulting services regarding the
performance of an Inflow/Infiltration Study on the portion of the City's wastewater system in the area between
the north and south City boundary lines and 1-95 and the Intracoastal Waterway. This phase of the study will
evaluate system characteristics of 43 lift station basins for determination of I/I levels. A report will be prepared
with estimates of Inflow/Infiltration and basin prioritization for rehabilitation or additional study. Funding is
from R&R Account #442-5178-536-61.84, Manhole Rehabilitation. (Budget transfer attached.)
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YE~
Recommendation: Staff recommends approval of ~v~ce Authorization No. 4 fox Hazen and Sawyer.
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 availab~NO
Funding alternativTg (if applicable)
Account No. & Description t-~Z-~lgr~
Account Balance av4:,2_-~,."~) ,~q~Ao.
city Manager Review: Approved foragenda:
Hold Until: ~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Acting ESD Director
SUBJECT: SERVICE AUTHORIZATION NO. 4 - HAZEN AND SAWYER
SEWER SYSTEM INFLOW/INFILTRATION (I&I) PROGRAM PHASE I (P.N. 97035)
DATE: August 13, 1997
Attached is an agenda request and a copy of Service Authorization No. 4 for Hazen and Sawyer for performance
of the first phase of an Inflow/Infiltration Study for the City's wastewater system. Proposed fees for this work
total $25,032.00. The scope of services includes analysis of flow characteristics for 43 lift station basins located
within the area bounded by the City boundaries north and south, 1-95 on the west and the Intracoastal Waterway
on the east. Basin characteristics evaluated will include wastewater flows, pump run times, rainfall records, and
water consumption. A report of findings will be prepared which will estimate levels of I/I in each basin and
prioritize the systems by severity of leakage for implementation of rehabilitation.
Funding for this project is from R&R Account #442~5178-536-61.84, Manhole Rehabilitation. (Budget transfer
attached.)
Please place this item on the August 19, agenda for consideration by the City Commission.
RCH:cl
cc: Michael Offie
Victor Majtenyi
File 97033D
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: Auqust 12, 1997
SERVICE AUTHORIZATION NO. 4 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE:
PROJECT NO. .(CITY) (HAZEN AND SAVVYER, P.C.)
TITLE: Sewer System Infiltration/Inflow Pro,qram - Phase I
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the contract dated May 26, 1995 as if written there in full.
INTRODUCTION
Like many wastewater collection systems in South Florida, the City of Delray Beach's system
experiences excessive infiltration/inflow (1/I). These flows, originating from rainfall and groundwater,
surcharge the collection system, increase pump running times and eventually increase the cost of
wastewater treatment. The main goal of the City of Delray Beach Environmental Services
Department is to reduce overall flows to the South Central Regional Wastewater Treatment Plant
and Disposal Board (SCRVVWTP&DB) through a complete and thorough I/I Program. This program
will be accomplished through three main phases as follows:
Phase I Existing Data Collection, Evaluation and Report. This initial phase consists
of a preliminary I/I analysis, and the area prioritization for the following
Phase II SSES work.
Phase II Sewer System Evaluation Survey (SSES). This second phase performs a
detailed investigation of the prioritized areas through the following tasks:
manhole inspections, smoke testing, night flow isolation, dye water testing
and internal (CCTV) inspection. The study will identify repairs to be
performed to service laterals, collection lines and manholes.
Phase III Sewer System Rehabilitation. This is the actual construction phase in which
all identified cost-effective repairs will be addressed by specialty
rehabilitation contractors.
I. PROJECT DESCRIPTION
This Service Authorization covers Phase I of the I/I Program for the eastern portion of the CITY's
wastewater collection system. The project area is bounded on the west by Interstate 1-95; bounded
on the north by the City of Boynton Beach and Town of Gulfstream; bounded on the south by the
City of Boca Raton; and bounded on the east by the Intracoastal Waterway. Excluding Lift Station
100 (Master Booster Pump Station), a total of 43 lift stations service this area.
PROSC296. BCA:08-12-97
Page 1 of 5
II. SCOPE OF SERVICES
PHASE I - EXISTING DATA COLLECTION. EVALUATION AND REPORT
Task I Preliminary III Analysis
Hazen and Sawyer, hereinafter referred to as CONSULTANT shall analyze wastewater flow information
provided by the CITY for a twelve month pedod, including rainfall records, population and sewer line
lengths. CONSULTANT shall perform the following steps of work during the course of the preliminary I/I
analysis:
1. Preliminary collection system analysis
2. Wastewater flow and rainfall data compilation and analysis
3. Cost effective analysis
4. Infiltration/inflow analysis
CONSULTANT shall review, and update the following information to be furnished by the CITY:
· Available wastewater flow data
· Pump stations run times
· Collection system maps
· Wastewater treatment plant records (SCRWVVTP&DB)
· Precipitation records
· Census records
· Water consumption records
CONSULTANT shall perform a collection system inventory to define each collection basin and its manhole
and pipe inventory. Dry weather/wet weather flows shall be determined based on collected flow records and
census data. Infiltration/inflow shall be estimated by the difference of measured wastewater flows and
baseline wastewater flow calculated from water consumption. A cost effective analysis shall be performed
to determine the level of feasible I/I removal from the City of Delray Beach collection system.
CONSULTANT shall prepare a draft "Preliminary Infiltration/Inflow Study' report for the CITY. The report
shall prioritize the collection basins in the study area for subsequent SSES analysis. Five (5) copies
of the draft report shall be submitted to the CITY for review. A meeting shall be held with CITY staff to
discuss the draft report, and comments shall be incorporated into a final report. CONSULTANT shall submit
ten (10) copies of the final report to the CITY.
ADDITIONAL SERVICES
Provide additional services relating to obtaining field data from lift stations in the project area.
These additional services may be required if the information is not available from the CITY's existing
telemetry data file. Additional Services would be as follows:
Item I Con, duct Night Flow Survey ~
CONSULTANT shall visit a minimum of 10 lift stations once during the wet season to perform night flow
inspections (12 midnight to 6:00 a.m.) to obtain wet well operating levels, station inverts, and night
flows. Approximately 10 nocturnal inspections shall be conducted to field vedfy the results of the
preliminary I/I analysis. CITY personnel shall accompany CONSULTANT dudng nocturnal visits to the lift
stations. The CITY will be required to workwith the CONSULTANT to isolate the individual pump station(s)
for the night flow readings and to pump down the systems as required.
PROSC290. BCA:08-12-97
Page 2 of 5
Item 2 Data Compilation Analysis
CONSULTANT shall obtain updated sewer atlases from the CITY and measure the total length of sewer lines,
by diameter, contributing to each station. The CONSULTANT shall provide a list of wet season measured
flows (between midnight and 6:00 a.m.), expressed in gallons per day, per inch-diameter, per mile
(gpd/in/mi) and gallons per minute, per mile (gpm/mi).
Services performed under this task will be on an as-directed basis in accordance with a written Notice to
Proceed from the CITY.
III. DATA AND SERVICES TO BE PROVIDED BY THE CITY
CONSULTANT shall establish coordination requirements with the CITY to define all services, labor,
materials and equipment to be provided by the CITY throughout the entire program. The scope of services
for Phase I is based upon the CITY providing the following services:
1. Appointment of one CITY contact person, and one backup person, for coordination of
activities.
2. Reproducible base map of the sewer system. The map will show streets, pipe sizes and
locations of manholes and lift stations.
3. Access to the site of work with sufficient area for the placement of personnel and
equipment, including all rights-of-way.
4. Location and exposure of any manhole, as required.
5. All wastewater flow data for the study area, including the SCRVVVVTP&DB flows.
6. Ail local licenses or permits as required, and written authorization from the CITY to
enter their collection system.
7. All available reports and documents on I/I Analysis, Sewer System Evaluation Survey and
Rehabilitation Programs.
8. A complete listing of all sewer lift stations including: Number and type of pumps
(centrifugal, single speed, etc.), pump rated capacities, motor horsepower, pump curves,
pump run times, and electrical consumptions and billings for the past 12 months and
throughout the study period for each lift station. The information will be provided by
basin as the program addresses each basin.
PROSC296. BCA:08-12-97
Page 3 of 5
IV. COMPENSATION
The compensation for services shall be billed on an hourly basis plus reimbursable expenses.
Scope of Work Fees
Task '1 $ 23,532.00
Reimbursables $ 1,500.00
Additional Services (if authorized by CITY Manager) $ 10,000.00
TOTAL $ 25,032.00~)
(~) Total cost does not include the $10,000 for additional services.
V. COMPLETION DATE
The completion date of this work will be within three months of Notice to Proceed.
PROSC296. BCA:08-12-g7
Page 4 of 5
This Service Authorization is approved contingent upon the CITY'S acceptance of and satisfaction of the
completion of the services rendered in the previous phase whereas encompassed by the previous Service
Authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the
previous phase or Service Authorization, the CITY may terminate the contract without incurring any further
liability. The consultant may not commence work on any Service Authorization approved by the CITY to be
included as part of the contract without any further notice to proceed.
Approved by:
CITY OF DELRAY BEACH HAZEN AND SAWYER, P.C.
Date: Date:
Jay Alpedn
Mayor
Witness
Approved as to Legal Witness
Sufficiency and Form
STATE OF Flodda
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this/.~ day of/~/-/~#s 7~, 1997 by Gary W.
Bors. Vice President (name of officer or agent, title of officer or agent, of Hazen and Sawyer. P.C. (name
of corporation acknowledging), a New York (state or place of incorporation) corporation, on behalf of
the corporation. He/She {is _oersonal _Iv known to me) or has produced identification), Flodda Ddver's
License (type of identification) (a~ identification) and (did/did not) take an oath.
'~ignature of Person Taking
Acknowledgment
Susan Reich
Name of Acknowledger Typed,
Pdnted or Stamped
- OFFICIAL NOTARy SEAL
SUSAN REICH
NOTARY PUBLIC STATE OF FLORIDAI
.. COMMISSION NO. CCA~
PROSC296. BCA:08-12-97
Page 5 of 5
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~RobertA. Barcinski
,J~ Assistant City Manager
DATE: August 13, 1997
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST '19, '1997
APPROVAL INTERLOCAL AGREEMENT
ACTION
City Commission is requested to approve an interlocal agreement with Palm Beach
County for the construction of approximately 579 feet of sidewalk on Lake Ida Road
between Coral Way and Davis Road. Funding would be available from Public Works
Street Maintenance bike path/sidewalk account number 001-3113-541-63.11.
BACKGROUND
A couple of months ago City Commission was requested to complete the missing
sidewalk link on Lake Ida Road between Davis Road and Coral Way. A concern for
student safety walking to school was the reason for this request. Sidewalk construction
on Lake Ida Road is a County responsibility. Our staff contacted the County and they
are willing to install the sidewalk, provided the City splits the cost with them. The
estimated cost to construct the sidewalk is $13,000. The interlocal agreement is needed
for the County to participate. In order to speed up the process we may want to up front
the cost, complete the work, and then get reimbursed. The interlocal agreement will not
go to the County Commission for approval until October and then will take another 60
days to complete.
RECOMMENDATION
Staff recommends approval of the interlocal agreement with Palm Beach County for the
construction of approximately 579' of sidewalk on Lake Ida Road and authorize staff to
proceed with the installation in order to accelerate the project. We would not start the
project, until we received a commitment in writing from the County to reimburse the City
for our share.
RAB/tas
File:u:sweeney/agenda ~
Doc:coralway.doc
, Agenda Item No.: ~'~.
AGENDA REQUEST
Date: A~,E,,.~t 13: lgq7
Request to be placed on:,
x Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how ~muc. h): City Commission
is requested to approve an interlocal a§reement with Palm Beach uouncy for the construcfion
of apprQximately 579 feet of sidewalk on Lake Ida ~oad between Coral Way and Davis Koad.
Funding_ would be available from Public Works Street Maintenance bike path/sidewalk account
.ng.mb. Dr 001-3113-541-63.11.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: _~/ NO.~i~'
Funding alternatives: ppli. cable)
Account No. & Description:
Account Balance: ~_:(~ ~ '
City Manager Review:
Approved for agenda: '/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
RECEIVED
AUG 0 11997
ASSISTANT
CITY MANAGER
July 3 l, 1997
Department of Engineering
and Public Works
Mr. Robert A. Barcinski
P.O. Box 21229 Assistant City Manager
West Palm Beach, FL 33416-1229 City ofDelrav___ j
Beach
(561) 684-4000 100 NW 1St Avenue
httpJ/www, co.palm-beach.fl.us Delray Beach, F1 33444
·
Dear Mr. Barcinski:
In response to your letter dated June 30, 1997, the Palm Beach County Traffic
Palm Beach County
Board of County Division has gathered the following information:
Commissioners
BurtAaronson. Chairman A field check was conducted on July 16, 1997. We found that a portion of
pathway is missing along the south side of Lake Ida Road between Coral Way and
Maude Ford Lee, Vice Chair
Davis Road. The approximate length of the missing link is 579 feet. A cost
Haren T. Marcus estimate for construction and materials has been prepared with an estimated price
carol A. Roberts of $13,000.
Warren H. Newell We do not have the funding to complete this project within 60 days and had no
Mary McCarty prior plans to construct this missing link.
Ken L. Foster
In the past, the County has participated in joint participation projects. We feel this
project qualifies for such an agreement. We have enclosed a sample agreement for
your information. Please provide your comments to this agreement so that we can
County administrator draft the final legal document for execution by the elected officials involved. If
both the City Attorneys and County Attorneys approve the agreement, and the
Robert weisman. RE. City can execute the agreement, we would like to present the Joint Participation
Agreement to the Board of County Commissioners at the time we present the
recommended Pathway Program to the Board (October, 1997).
"An Equal Opportunity
Affirmative Action Employer"
~ printed on recyc/ed paper
July 31, 1997
Page 2
Please provide the County with a reply before the second week of August, as the
Pathway Selection Committee will meet to make its recommendations for the
1997/98 Pathway Program.
If you should have any further questions you may call this office at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~Wh al~'e y, P~E'~~'
Assistant Director - Traffic Engineering
JRW:~:K~dm
Attachments: Sample Interlocal Agreement
H:\traffic\kah~kldamis. Lnk
1 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS
2 OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR A
3 PEDESTRIAN SIDEWALK ALONG THE SOUTH SIDE OF LAKE IDA ROAD FROM
4 COP. ALWAY TO DAVIS ROAD
5 THIS INTERLOCAL AGREEMENT, made and entered into this
6 day of , 1997, by and between the CITY OF DELRAY BEACH,
7 a municipal corporation of the State of Florida, hereinafter "CITY"
8 and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
9 FLORIDA, a political subdivision of the State of Florida,
10 hereinafter "COUNTY."
11
12 W I T N E S S E T H:
13 WHEREAS, the CITY wishes to construct a missing portion of
14 pathway along the south side of Lake Ida Road from Coral Way to
15 Davis Road, a distance of approximately 579 feet (hereinafter
16 "PROJECT"); and
17 WHEREAS, the COUNTY wishes to participate by contributing up
18 to SIXTY FIVE HUNDRED and 00/100 DOLLARS ($6,500.00) to the CITY
19 for the funding of the PROJECT; and
20 WHEREAS, the CITY and COUNTY are authorized to enter into this
21 Agreement pursuant to Section 163.01, Florida Statutes, which
22 permits local governmental units to make the most efficient use of
23 their powers by enabling them to cooperate with other governmental
24 entities on a basis of mutual advantage; and
25 WHEREAS, the COUNTY and CITY believe that it is in their best
26 interests to enter into this Agreement.
27 NOW, THEREFORE, in consideration of the mutual covenants
28 contained herein, the parties hereto agree as follows:
29
-1-
CITY OF DELRAY BEACH LAKE IDA ROAD/CORAL WY-DAVIS RD AGREEMENT
1 1. The recitations set forth hereinabove are true, accurate,
2 and correct, and are incorporated herein.
3 2. The subject of this Interlocal Agreement is a project
4 which shall consist of the construction of a pedestrian sidewalk
5 along the south side of Lake Ida Road from Coral Way to east of
6 Davis Road, a distance of approximately 579 feet (hereinafter
7 "PROJECT").
8 3. a. The CITY shall be responsible for constructing the
9 PROJECT including obtaining all necessary services for the
10 completion of said PROJECT including design, bidding, contract
11 preparation and contract administration pursuant to all applicable
12 State and local laws and regulations.
13 b. The CITY shall obtain or provide all labor and
14 materials necessary for the construction of the PROJECT.
15 c. The CITY shall be solely responsible for obtaining
16 and complying with all necessary permits, approvals, and
17 authorizations required for the construction of the PROJECT from
18 any federal, state, regional, County, or City agency.
19 d. The CITY shall be responsible for the maintenance of
20 PROJECT after completion.
21 e. The completion period for the PROJECT will be no later
22 than
23 4. a. The COUNTY agrees to pay the CITY on a reimbursement
24 basis an amount not to exceed 50% of the actual cost of the PROJECT
25 which is estimated at $13,000.00 or a maximum of $6,500.00 upon
26 written notice by the CITY after completion of the PROJECT and upon
27 verification of the PROJECT final cost by the COUNTY. The CITY
-2-
CITY OF DELRAY BEACH LAKE IDA ROAD/CORAL WY-DAVIS RD AGREEMENT
1 shall furnish the COUNTY such invoices or other documentation which
2 is acceptable in form and content to the COUNTY to provide for such
3 verification. The COUNTY shall have no obligation for any costs
4 incurred after
5 b. The COUNTY, upon written request, may inspect all
6 documents pertaining to the PROJECT, and the CITY shall permit
7 representatives of the COUNTY to be present at any time during
8 PROJECT construction.
9 c. Should the PROJECT cost exceed $13,000.00, the
10 COUNTY shall not be responsible for any costs in excess of
11 $6,500.00. Should the PROJECT cost be less than $13,000.00, the
12 COUNTY shall be responsible for only 50% of the actual PROJECT
13 costs. In any event, the COUNTY shall have no obligation to the
14 CITY or any other entity or person for any amount in excess of
15 $6,500.00.
16 5. The CITY recognizes that it is an independent contractor,
17 and not an agent or servant of the COUNTY. In the event a claim or
18 lawsuit is brought against the COUNTY, its officers, employees,
19 servants, or agents, the CITY hereby agrees to indemnify, save and
20 hold harmless the COUNTY, its officers, employees, servants, or
21 agents and to defend said persons from any such claims,
22 liabilities, causes of action and judgments of any type whatsoever
23 arising out of or relating to the performance or operation of this
24 Agreement, to the extent permitted by law. The CITY agrees to pay
25 all costs, attorney's fees and expenses incurred by the COUNTY, its
26 officers, employees, servants, or agents in connection with such
27 claims, liabilities or suits. Furthermore, the CITY stipulates
-3-
CITY OF DELRAY BEACH LAKE IDA ROAD/CORAL WY-DAVIS RD AGREEMENT
1 that the extent of the COUNTY'S liability pursuant to this
2 Agreement shall be limited solely to its payment obligation.
3 Nothing contained herein, however, shall act as a waiver of any of
4 the CITY or COUNTY'S immunities provided for in Section 768.28,
5 Florida Statutes.
6 6. The CITY shall provide documentation evidencing its self-
7 insured status as permitted by state law.
8 7. In the event of termination, the CITY shall not be
9 relieved of liability to the COUNTY for damages sustained by the
10 COUNTY by virtue of any breach of the contract by the CITY and the
11 COUNTY may withhold any payment to the CITY for the purpose of set-
12 off until such time as the exact amount of damages due the COUNTY
13 is determined.
14 8. The COUNTY and the CITY agree that no person shall, on
15 the grounds of race, color, sex, national origin, handicap or
16 religion be excluded from the benefits of, or be subjected to any
17 form of discrimination under any activity carried out by the
18 performance of this Agreement.
19 9. All notices required to be given under this Agreement
20 shall be addressed to:
21
22 COUNTY
23 Palm Beach County Department of
24 Engineering & Public Works
25 Attention: John R. Whaley, P.E.
26 Post Office Box 21229
27 West Palm Beach, Florida 33416-1229
28 CITY
29
30 City Manager
--4-
CITY OF DELRAY BEACH LAKE IDA ROAD/CORAL WY-DAVIS RD AGREEMENT
I City of Delray Beach
2 100 NW 1st Avenue
3 Delray Beach, Florida 33444
4
5 10. By entering into this Interlocal Agreement, CITY and
6 COUNTY represent that each has full right and lawful authority to
7 enter into and perform this Agreement. The validity,
8 interpretation, construction, and effort of this Agreement shall be
9 in accordance with and governed by the laws of the State of
10 Florida. In the event any provision hereof is determined to be
11 unenforceable or invalid, such unenforceability or invalidity shall
12 not affect the remaining provisions of the Agreement, which shall
13 remain in full force and effect. To that extent, this Agreement is
14 deemed severable.
15 11. This Agreement, including attachments hereto, constitutes
16 the entire agreement between the parties, and shall supersede and
17 replace all prior agreements or understandings, written or oral,
18 relating to the matters set forth therein, and shall supersede and
19 replace all prior agreements or understanding, written or oral
20 relating to the matters set forth therein, and that specifically
21 related to the execution of this particular document.
22 12. This Interlocal Agreement may be amended or modified only
23 by written addendum or amendment signed by the parties and
24 authorized by their respective elected officials.
25 13. The effective date of this Agreement shall be the date of
26 full execution by both parties.
-5-
CITY OF DELRAY BEACH LAKE IDA ROAD/CORAL WY-DAVIS RD A~REEMENT
1 IN WITNESS WHEREOF, the parties hereunto have executed this
2 Agreement on the date and year first above written.
3 CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY
4 BY ITS CITY COMMISSION ITS BOARD OF COUNTY COMMISSIONERS
5 By: By:
6 Mayor , Chair
7 ATTEST: ATTEST:
8 MILTON T. BAUER, CLERK
9 By: By:
10 City Clerk Deputy Clerk
11 APPROVED AS TO FORM AND APPROVED AS TO FORM AND
12 LEGAL SUFFICIENCY LEGAL SUFFICIENCY
13 By: By:
14 City Attorney County Attorney
h\TRAFFI C\ KAH\ 1KiDAaGR. EMT
-6-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~' (
SUBJECT: AGENDA ITEM #~-- REGULAR MEETING OF AUGUST 19, 1997
AGREEMENTS FOR EMERGENCY/HURRICANE RESPONSE SERVICES
DATE: AUGUST 15, 1997
This is before the Commission to consider approval of a list of
firms to be used as needed and available in the event of a
hurricane or major disaster.
As indicated in the attached memoranda, staff recommends that we
enter into agreements with all of the firms for emergency and/or
hurricane response services which may require general contractors
and/or tree management services. While we cannot be assured of
availability, we can lock in the prices by executing agreements
with the various vendors.
It is anticipated that in the future we will look into securing a
disaster management contract which will not only guarantee
pricing, but also availability.
I recommend approval of entering into agreements for emergency
and hurricane response services.
ref:agmemo8
Agenda Item No. : ~
AGENDA REQUES~
Date: July 29, 1997
Request to be placed on:,
Consent Agenda
X ~e§e~z-~-~~ Special Agenda Workshop Agenda
When: AuKust 05~ 1997
Description of agenda item (who, what, where, how much):
Request to consider acceptance of the selection of fourteen (14) firms as listed
on Proposals Received (attached} for signed agreements for Emergency/Hurricane
Response Services for Eeneral contractors and/or tree management servi~ to he
used in a hurricane or similar emerKenc¥ event~ per RFp #97-28.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval to execute agreements with firms listed on the
attached listin~ of Quotations Request #97-2S Proposals received.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
ApprovedHold Until: for agenda~: ~/ NO ~'~'1
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~°bert A. Barcinski
Assistant City Manager
DATE: August 14, 1997
SUBJECT: Agenda Item Emergency/Hurricane Response Services
The proposal as written, is guaranteed for pricing for various services and equipment
rental costs that would be needed in the event of a hurricane or major disaster.
Agreements with the various vendors would lock in the prices for these services and
equipment rental costs. We are not, however, assured of availability. Many of these
companies and their equipment may also be damaged as a result of a hurricane.
Delivery would be on an as available basis.
We are recommending as a first step for this year, as per Jackie's memo, that we enter
these agreements with all the listed companies, which will lock in prices. In addition,
based on information Hoyt Owens obtained at the Governor's Hurricane Conference in
Tampa this year, that next year we send out proposals for a Disaster Management
Contract. With such a contract we can not only guarantee pricing, but also availability.
With this type of contract the contractor would pool resources from other sources
outside the area and assure that the vendors show up, that equipment is available and
that prices are locked in.
RAB:tas
File:u:sweeney/agenda
Doc:hurrican.doc
MEMORANDUM
TO: David Harden, City Manager ~
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph Sa~nce Director
DATE: July 29, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
AUGUST 05, 1997 - CONSENT AGENDA
REQUEST FOR PROPOSAL ~97-28
EMERGENCY/HURRICANE RESPONSE SERVICES
Item Before Commission:
The City Commission is requested to consider acceptance of the selection of
fourteen (14) firms for continuing contracts for Emergency/Hurricane
Response Services which may require general contractors and/or tree
management services to be used in a hurricane or similar emergency event.
Background:
Request for proposals were received from fourteen (14) firms, all in
accordance with City Purchasing Policies. (RFP #97-28. Documentation on
file in the Purchasing Office). A listing of the firms submitting
responses is attached with a unit pricing breakdown for the types of
services offered by each firm.
The Deputy Director Of Public Works has reviewed the responses received and
recommends agreements be executed with each firm that responded to the
Quotation Request. These agreement(s) will be for response to the City in
case of a emergency/hurricane or similar event.
Recommendation:
Based on the responses received, staff requests approval to execute
agreements with firms listed on the attached Quotation Request Proposals
received.
Attachments:
Proposals Received Dated May 23, 1997
Memo From Deputy Director Public Works Dated July 10, 1997
cc: Robert Barcinski, Asst. City Manager
Hoyt Owens, Deputy Director Public Works
MEMORANDUM
TO: Jackie Rooney, Purchasing Supervisor
IJ
FROM: Hoyt Owens, Deputy Director of Public Works ~
DATE: July 10, 1997 J
SUBJECT: RFP #97-28
EMERGENCY/HURRICANE RESPONSE SERVICES
I have reviewed the Contractor's responses for the above described RFP.
There is a fairly good response for hauling, demolition and mb grinder services. D'Elegance
Management Limited, Inc. is a large track brokerage operation, that I have observed on other projects in
past years.
It is my recommendation to execute signed agreements with every respondent. There is no definitive
obligation for future business. However, I must reiterate my previous concern. There is no contractual
obligation between the City and each respondent. Consequently, there is no guarantee that any given
respondent will actually show-up after a catastrophic event. He may simply make himself available to
the highest bidder. This approach may leave the City in a very precarious situation. It will be most
difficult to deal with the recovery from a major storm and begin from "square one" to negotiate
contracts.
During the Governor's Hurricane Conference in Tampa, several contractors were present that offer "mm-
key" service packages. One proposal is attached for your perusal, i.e., Grubbs Construction Company.
There are many negotiable clauses for a Disaster Management Contract, such as:
· A single contractor can supply equipment and operators by pooling regional vendors that are
generally outside the disaster area.
· Specialized equipment can be readily available: fuel tankers, helicopters, mb grinding equipment,
pit burners...
· A contract disaster management team can be assembled quickly, that can reduce the "FEMA paper
maze." In most instances the associated fees are reimbursable by FEMA.
It is my recommendation that we explore this additional option, as a supplement to our current Disaster
Management Plan.
If you have any questions, please call.
HO/sdl
Attachment
c: David T. Harden, City Manager, w/attachment
Robert A. Barcinski, Assistant City Manager, w/attachment
Joe Weldon, Director Parks and Recreation, w/o attachment
Chief Rehr, Police Chief, w/o attachment
REF:HO/071097B.MEM
CITY OF DELRAY BEACH
REQUEST FOR PROPOSALS #97-28
EMERGENCY / HURRICANE RESPONSE SERVICES
M_AY 23, 1997
PROPOSALS RECEIVED
CONTRACTOR: TYPES OF SERVICES OFFERED:
OMEGA CONTRACTING INC HAULING SERVICES
2300 NE 48TH STREET TREE/SHRUB REMOVAL
LIGHTHOUSE POINT, FLORIDA 33064 DEMOLITION SERVICES
954-941-9900
FAX 954-946-8693
RIC-MAN INTERNATIONAL INC. HAULING SERVICES
2601 N.W. 48TH STREET TREE/SHRUB REMOVAL
POMPANO BEACH, FLORIDA 33073 DEMOLITION SERVICES
954-426-1042 PIPELINE REPAIRS
FAX 954-426-0717 ROAD REPAIRS
CLEARING AND GRUBBING
THOMAS B. CUSHING DEMOLITION EAULING SERVICES
8210 8TH ROAD N. DEMOLITION SERVICES
WEST PALM BEACH, FLORIDA 33411
561-793-6173
FAX 561-790-2297
FREDERICO EQUIPMENT CO. OF FLORIDA HAULING SERVICES
231 N.W. 18TH AVENUE TREE/SHRUB REMOVAL
DELRAY BEACH, FLORIDA 33444 DEMOLITION SERVICES
561-276-5008
FAX 561-276-1554
WBI CONTRACTING, INC. HAULING SERVICES
1538 "B" ROAD TREE/SHRUB REMOVAL
LOXA~ATCHEE, FLORIDA 33470 GRINDING OF VEGETATION
561-358-4569
FAX 561-697-8329
DELRAY GARDEN CENTER HAULING SERVICES
3827 W. ATLANTIC AVENUE TREE/SHRUB REMOVAL
DELRAY BEACH, FLORIDA LANDSCAPING AND
561-243-6869 REPAIRS OF EXISTING LANDSCAPING
FAX 561-243-3588
PAGE 2 - PROPOSALS RECEIVED
CONTRACTOR: TYPES OF SERVICES OFFERED:
MAN CON, INCORPORATED HAULING SERVICES
3460 WEST llTH STREET TREE/SHRUB REMOVAL
DEERFIELD BEACH, FLORIDA 33442 DEMOLITION SERVICE
954-427-0230 WATER & SEWER REPAIR
FAX 954-427-8133 ROAD REPAIRS
OCEAN CROWN ENVIRONMENTAL INC. HAULING SERVICES
1031 N.W. 202 STREET TREE/SHRUB REMOVAL
MIAMI, FLORIDA 33169 COMPLETE TREE SERVICES
305-770-4441 LAND CLEARING AND GRUBBING
FAX 305-770-4557 TREE TRIMMING
STUMP GRINDING AND REMOVAL
WEEKLEY ASPHALT PAVING INC. HAULING SERVICES
20855 S.W. 36 STREET TREE/SHRUB REMOVAL
FT. LAUDERDALE, FLORIDA 33330 DEMOLITION SERVICES
954-389-5311 DREDGING
FAX 954-389-5121 BRIDGE & SEAWALL REPAIR
SODDING & SEEDING
ASPHALT
GUARDRAIL & FENCE
BROWING-FERRIS INDUSTRIES OF FLORIDA HAULING SERVICES
1475 S.W. 4TH AVENUE LARGE MOBILE TUB GRINDER (COMMERCIAL
DELRAY BEACH, FLORIDA 33444 SIZE) FOR GRINDING WOOD AND
561-278-1717 VEGETATION DEBRIS
FAX 561-243-1027
KIMMINS CONTRACTING CORP. HAULING SERVICES (AS PART
790 HILLBRATH DRIVE OF DEMOLITTION SERVICES)
LANTANA, FLORIDA 33462 TREE/SHRUB REMOVAL
561-585-3641 DEMOLITION SERVICES (EXCLUDE TREE &
FAX 561-585-2675 SHRUB UNLESS PART OF DEMOLITION)
EARTHMOVING
D'ELEGANCE MANAGEMENT LIMITED, INC. HAULING SERVICES
P.O. BOX 215 TREE/SHRUB REMOVAL
PA_HOKEE, FLORIDA 33476-0215 DEMOLITION SERVICES
561-924-7330 EROSION CONTROL
FAX 561-924-7942 RIP RAP REVETMENT
KENTECH RESOURCE RECOVERY, INC. WOOD REDUCTION
D/B/A CONSOLIDATED RESOURCE RECOVERY LANDCLEARING USING MORBARK,
6728 33RD STREET EAST TUB GRINDERS / LOADERS
SA~RASOTA, FLORIDA 34243-4128
941-756-0977
FAX 941-751-6942
PAGE 3 - PROPOSALS RECEIVED
CONTRACTOR: TYPES OF SERVICES OFFERED:
GRUBBS CONSTRUCTION COMPANY HAULING SERVICES
P.O. BOX 10262 TREE/SCRUB SERVICES
BROOKSVILLE, FLORIDA 34603 DEMOLITION SERVICES
352-796-1912 DREDGING
FAX 352-796-5358 DEBRIS PICKUP
DEBRIS REDUCTION
CONTRACT MANAGEMENT
SCHEDULE OF PRICING
LISTED PER VENDOR
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
OMEGA KOMATSU 400 LC5 BACKHOE W/GRAPPLE $ 175 00 HR $ 185.00 HR
CONTRACTING KOM3~TSU 400 LC3 BACKHOE W/BUCKET 160 00 HR 170.00 HR
KOMATSU 300 LC5 BACKHOE W/GRAPPLE 165 00 HR 175.00 HR
KOMATSU 300 LC3 BACKEOE W/SHEAR 165 00 HR 175.00 HR
HITACHI 700 BACKHOE 180 00 HR 190.00 HR
CAT 973B TRACK LOADER 160 00 HR 170.00 HR
CAT 973 TP~ACK LOADER 160 00 HR 170.00 HR
CAT D5HLGP DOZER 145 00 HR 155.00 HR
KOMASTSA D31P20 DOZER 145 00 HR 155.00 HR
BOBCAT 853 90 00 HR 100.00 HR
SEMIS W/WRECKING TRAILERS 90 00 HR 95.00 HR
KOMATSA 300 W/BUCKET 155 00 HR 165.00 HR
FOREMAN & VEHICLE 50 00 HR 60.00 HR
* ALL ABOVE INCLUDED OPERATOR / DRIVER
LABOR: WE ONLY HAVE ENOUGH MEN FOR OUR OWN
EQUIPMENT - SO THEIR IS NO ADDITIONAL
LABOR TO LIST
SCHEDULE OF PRICING CONT ......
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY P~ATE HOURLY RATE
RIC-MAN FLAT BED TRUCK W/LOADER/BKHOE $ 120.75 HR $ 139.15 HR
INTR. INC. CASE 780E 18'
FLAT BED TRUCK W/LOADER/BKHOE 103.50 HR 126.50 HR
CAT 426 15.5'
FLAT BED TRUCK W/LOADER/BK~OE 101.20 HR 124.20 HR
CAT 416B 14.5'
4-WHEEL LOi~DER CAT 950 3 C¥ 103.50 HR 115.00 HR
4-WHEEL LOADER CAT 938F 2.7CY 92.00 HR 103.50 HR
4-WHEEL LOADER CAT 936 2.5 CY 101.20 HR 112.70 MR
CRAWLER DOZER DRESSER TD20E 210 HP 172.50 HR 184.00 HR
CRAWLER DOZER CAT D6 165 HP 115.00 HR 132.25 HR
CRAWLER DOZER J DEER 450G 70 HP 80.50 HR 97.75 HR
CRAWLER DOZER J DEER 450 67HP 80.50 HR 97.75 HR
CRAWLER DOZER CAT D3 65 HP 78.20 HR 83.95 HR
GP~ADER CAT 12G 135 HP 103.50 HR 120.75 HR
GRADER Bi~BCOCK SG100 52 HP 80.50 HR 92.00 HR
TRACTOR W/BOX BLADE 46.00 HR 57.50 HR
FORKLIFT CASE 586 10K lb 51.75 HR 63.25 HR
* ALL ABOVE INCLUDES ONE OPERATOR
WATER TRUCK MACK H20 10K GAL 86.25 HR 97.75 HR
INCLUDES ONE DRIVER
P/U TK W/2-WAY RADIO FORD F350 80.50 HR 92.00 MR
P/U TK W/2-WAY RADIO FORD F250 80.50 HR 92.00 HR
* ALL ABOVE INCLUDES ONE FOREMAN
90 TON CR3%NE/40 FT LINK BELT HC-218A 230.00 HR 241.50 HR
W/20' MECH ATTACH. 20' ATTACH. 241.50 HR 253.00 HR
W/10' MECH ATTACH. 10' ATTACH. 235.75 HR 247.25 HR
* ALL ABOVE INCLUDES ONE OPERATOR
G.S. 125 AIR COMPR. GRIMMER S GS 40.25 HR 51.75 HR
125 50 HP
SLR. 175 AIR COMPR. SOLAIR 175 65 HP 46.00 HR 57.50 HR
* ALL ABOVE INCLUDES ONE OPERATOR
CHAIN SAW 28" 28.75 HR 40.25 HR
INCLUDES ONE OPERATOR
TRUCK TRACTOR W/LOBOY 5-AXL 86.25 HR 97.75 HR
* ALL ABOVE INCLUDES ONE DRIVER
SCHEDULE OF PRICING CONT .....
VENDOR LABOR LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
RIC-MAN SUPERINTENDENT $ 70.00 HR $ 105.00 HR
INTR. INC. FOREM3IN M1 36.40 HR 54.60 HR
FORESIAN V2 21.84 HR 32.76 HR
FOREMJ%N R1 25.84 HR 38.22 HR
FOREMAN R2 21.84 HR 32.76 HR
BACK HOE OPERATOR 1G 33.40 HR 50.10 HR
COMB HOE OPERATOR 1G 21.84 HR 32.76 HR
LOADER OPERTOR 1G 23.66 HR 35.49 HR
GRADER OPERTOR G 25.48 HR 38.22 HR
BULLDOZER OPERATOR G 20.93 HR 31.40 HR
CRANE OPERATOR L9 21.84 HR 32.76 HR
LABORER/OPER 18.20 HR 27.30 HR
LABORER SKILLED 17.29 HR 25.94 HR
LABORER SEMISKLLED 16.38 HR 24.57 HR
LABORER UNSKILLED 15.47 HR 23.21 HR
LJkBORER GENERAL 14.56 HR 21.84 HR
ROLLER OPER ASPH/FINISH 20.93 HR 31.40 HR
ASPH FINISHER 18.20 HR 27.30 HR
ASPH/ROAD LABORER 1 16.38 HR 24.57 HR
FLAGMAN 14.56 HR 21.84 HR
LOWBOY DRIVER 25.48 HR 38.22 HR
TRUCK DRIVER 21.84 HR 32.76 HR
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
THOMAS B. CAT 977 LOADER WTIH DEMO.BUCKET $ 125.00 HR NO QUOTE
CUSHING CAT 973 LOADER WITH DEMO.BUCKET 135.00 HR NO QUOTE
DEMOLITION CAT 950 RUBBER TIRE LOADER 65.00 HR NO QUOTE
CAT 231 BACKHOE 125.00 HR NO QUOTE
CAT 235 BACKHOE 150.00 HR NO QUOTE
CAT D6E BULLDOZER 80.00 HR NO QUOTE
BOBCAT WITH GRAPPLE 50.00 HR NO QUOTE
MACK TRACTOR W/DUMP TRAILER 60.00 HR NO QUOTE
*NO OVERTIME ON EQUIPMENT
LABOR LISTINGS:
THOM3%S B. LOADER AND BACKHOE OPERATOR 16.00 HR 25.00 HR
CUSHING BOBCAT OPERATOR 12.00 HR 18.00 HR
DEMOLITION DOZER OPERATOR 16.00 HR 24.00 HR
DUMP TRAILER DRIVER 12.00 HR 18.00 HR
FOREMAN 20.00 HR 30.00 HR
ESTIMATOR 20.00 HR 30.00 HR
SCHEDULE OF PRICING CONT ......
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY P~ATE HOURLY RATE
FREDERICO HYD EXCAVATOR 48" BUCKET W/THUMB $ 95.00 HR $ 105 00 HR
EQUIP. CO. 4 CY DEMOLITION LOADER 80.00 HR 90 00 HR
OF FLORIDA 40 CY DEMOLTIION TRUCK & TRAILER 75.00 HR 85 00 HR
3 CY RUBBER TIRE LOADER W/RAKE 80.00 HR 90 00 HR
35 TON LOWBOY 70.00 HR 80 00 HR
25 CY TRI-AXLE DUMPS 55.00 HR 65 00 HR
SKID-STEER LOADER W/GARPPLE 55.00 HR 65 00 HR
LABOR LISTINGS NO QUOTE
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
WBI 3 1/2 C.Y. LOADER W/OPERATOR $ 75 00 HR NO QUOTE
CONTRACTING 30 C.Y. TRACTOR TRAILER W/OPERATOR 65 00 HR NO QUOTE
INC. BOX BLADE TRACTOR W/OPERATOR 45 00 HR NO QUOTE
HYDRAULIC EXCAVATOR W/OPERATOR 80 00 MR NO QUOTE
D-3 BULLDOZER W/OPERATOR 55 00 MR NO QUOTE
AERIAL BUCKET TRUCKS W/OPERATOR 85 00 HR NO QUOTE
FLAGMEN 10 00 HR 15.00 HR
CHAINSAWS W/OPERATOR 15 00 MR 22.50 HR
TUB GRINDERS W/OPERATOR 425 00 HR 475.00 MR
LABOR LISTINGS NO QUOTE
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
DELRAY BOBCAT 2410 W/O $ 50.00 HR $ 75.00 HR
GARDEN CHAIN SAWS W/O 35.00 HR 50.00 HR
CENTER DUMP TRUCK W/O 50.00 HR 75.00 HR
MAN WITH HANDTOOLS 20.00 HR 30.00 MR
LABOR LISTINGS:
DELRAY BOB GLYNN 40.00 HR 50.00 MR
GARDEN MIKE E. TULLOS 40.00 HR 50.00 HR
CENTER SERIGO LEMMUS 25.00 HR 35.00 HR
CIRO BARIOS 25.00 HR 35.00 MR
HECTOR LOPEZ 25.00 HR 35.00 MR
CASUAL LABOR 15.00 HR 15.00 MR
SCHEDULE OF PRICING CONT ....
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY R3%TE HOURLY RATE
MAN CON RUBBER TIRE COMBINATION $ 62.50 HR NO QUOTE
INCORP. BACKHOE CAT 215 OR EQUAL 100.00 HR NO QUOTE
BACKHOE CAT 325 OR EQUAL 118.75 HR NO QUOTE
BACKHOE CAT 235 OR EQUAL 175.00 HR NO QUOTE
BACKHOE CAT 245 OR EQUAL 200.00 HR NO QUOTE
DOZER CAT D-3 OR EQUAL 68.75 HR NO QUOTE
DOZER CAT D-4 OR EQUAL 81.25 HR NO QUOTE
DOZER CAT D-5 OR EQUAL 93.75 HR NO QUOTE
GRADER CAT 12G OR EQUAL 81.25 HR NO QUOTE
TRACTORS-GRADING OR BROOM 50 00 HR NO QUOTE
LOADERS CAT 926 OR EQUAL 75 00 HR NO QUOTE
LOADERS CAT 936 OR EQUAL 80 00 HR NO QUOTE
LOADERS CAT 950 OR EQUAL 88 00 HR NO QUOTE
ROLLER 3 TO 5 TON 40 00 HR NO QUOTE
ROLLER 5 TO 8 TON 50 00 HR NO QUOTE
ROLLER 8 TO 12 TON 60 00 HR NO QUOTE
PICK-UP TRUCK (NO DRIVER) 15 00 HR NO QUOTE
WATER TRUCK W/PUMP 62 50 HR NO QUOTE
LOWBOY 75 00 HR NO QUOTE
TANDOM DUMP 56 00 HR NO QUOTE
TRI-AXLE DUMP 65 00 HR NO QUOTE
TRACTOR TRAILER DUMP 75 00 HR NO QUOTE
TRACTOR W/BRUSH TRAILER 100 00 HR NO QUOTE
CHAINSAW (NO OPERATOR) 12 50 HR NO QUOTE
AIR COMPRESSOR (NO OPERATOR) 25 00 HR NO QUOTE
*ALL EQUIPMENT INCLUDE FUEL, OIL
AND SKILLED OPERATOR
LABOR LISTINGS:
MAN CON ENGINEER $ 80 00 HR $ 100.00 HR
INCORP. SUPERINTENDENT 80 00 HR 100.00 HR
FOREMAN 50 00 HR 65.00 HR
OPERATOR 40 00 HR 55.00 HR
SKILLED LABORER 40 00 HR 50.00 HR
LABORER 30 00 HR 40.00 HR
SCHEDULE OF PRICING CONT ......
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
OCEAN CROWN DUMP TRUCK W/DRIVER $ 35.00 HR $ 52.50 HR
ENVR. INC. BUCKET TRUCK WITH AERIAL LIFT 65.00 HR 97.50 HR
W/ DRIVER
BACKHOE W/DRIVER 46 00 HR 69.00 HR
FRONT LOADER W/DRIVER 60 00 HR 90.00 HR
LABORER 9 50 HR 14.25 HR
FIELD SUPERVISOR 15 00 HR 22.50 HR
TRACTOR W/BUSH HOG AND DRIVER 50 00 HR 75.00 HR
STUMP GRINDER 45 00 HR 67.50 HR
LABOR LISTINGS:
OCEAN CROWN LABORER $ 9.50 HR $ 14.25 HR
ENVR. INC. GROUND MAINTENANCE EMPLOYEE 10.25 HR 15.37 HR
TREE CUTTER 11.75 HR 17.63 HR
TREE CLIMBER 12.00 HR 18.00 HR
TREE TOPPER 15.00 HR 22.50 HR
SCHEDULE OF PRICING CONT .....
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
WEEKLEY CRANE (25 TON TO 45 TON) $ 130.00 HR NO QUOTE
ASPHALT CRANE (50 TON TO 75 TON) 145.00 HR NO QUOTE
PAVING INC CR3%NE (80 TON TO 100 TON) 185.00 HR NO QUOTE
BACKHOE (225 CLASS-CRAWLER) 85.00 HR NO QUOTE
BACKHOE (RUBBER TIRE W/GRAPPLE) 115.00 HR NO QUOTE
DUMP TRUCK (TRI-AXLE) 40.00 HR NO QUOTE
SEMI/FLATBED OR LOWBOY 40.00 HR NO QUOTE
PICK-UP TRUCK (3/4 TON CLASS) 15.00 HR NO QUOTE
PICK-UP TRUCK (1 TON CLASS) 25.00 HR NO QUOTE
CHIPPER (4" - 10") 70.00 HR NO QUOTE
CHIPPER (10" 24") 400.00 HR NO QUOTE
CHIPPER (24" +) 700.00 HR NO QUOTE
BOAT (18' - 26') 15.00 HR NO QUOTE
BARGE (10' - 40') 20.00 HR NO QUOTE
BARGE (8' - 20') 10.00 HR NO QUOTE
BOOM TRUCK (15 TON) 100.00 HR NO QUOTE
CHAIN SAW 12.00 HR NO QUOTE
LOADER 65.00 HR NO QUOTE
DOZER (D-4 CLASS) 60.00 HR NO QUOTE
DOZER (D-6 CLASS) 70.00 HR NO QUOTE
CLAMSHELL ATTACHMENT FOR CRANES 25.00 HR NO QUOTE
SMALL TOOLS/MISC. EQUIP. UPON REQUEST
LABOR LISTINGS:
WEEKLEY SUPERINTENDENT $ 45.00 HR NO QUOTE
ASPHALT FOREMAN 35.00 HR NO QUOTE
PAVING INC. BACKHOE OPERATOR 30.00 HR NO QUOTE
CRANE OPERATOR 32.00 HR NO QUOTE
LOADER OPERATOR 25.00 HR NO QUOTE
TRUCK DRIVER 23.00 HR NO QUTOE
BOAT CAPTAIN 32.00 HR NO QUOTE
CARPENTER 26.00 HR NO QUOTE
CONCRETE FINISHER 26.00 HR NO QUOTE
DIVER 39.00 HR NO QUOTE
SKILLED LABOR 23.00 HR NO QUOTE
UNSKILLED LABOR 21.00 HR NO QUOTE
SCHEDULE OF PRICING CONT ......
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
BROWNING ROLL-OFF CONTAINER SERVICE $ 120.00 HR NO QUOTE
FERRIS CLAM SHELL TRUCK SERVICE 134.00 HR NO QUOTE
INDUSTRIES FRONTLOADER (MICHIGAN LOADER) 110.00 HR NO QUOTE
OF FLA. INC TUB GRINDER 620.00 HR NO QUOTE
REARLOAD TRUCKS 120.00 HR NO QUOTE
LABOR LISTINGS:
BROWNING ROLL-OFF OPERATOR 21.00 HR NO QUOTE
FERRIS CLAMSHELL OPERATOR 21.00 HR NO QUOTE
INDUSTRIES FRONTLOAD OPERATOR 21.00 HR NO QUOTE
OF FLA. INC TUB GRINDING OPERATOR 21.00 HR NO QUOTE
SUPERVISOR 25.00 HR NO QUOTE
REARLOAD OPERATOR 21.00 HR NO QUOTE
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
KIMMINS 54 EA. 4 CY CAT 950 LOADERS $ 58.24 HR $ 58 24 HR
CONTRACTING 40 EA. CAT 416 RUBBER TIRE HOES 29.12 HR 29 12 HR
CORP 32 EA. 16' LONG DIESEL STEPVANS 14.97 HR 14 97 HR
3 EA. CAT 215 EXCAVATOR 58.24 HR 58 24 HR
6 EA. CAT 225/CAT 325 EXCAVATOR 74.88 HR 74 88 HR
12 EA. KOMATSU PC300 EXCAVATOR 81.12 HR 81 12 HR
8 EA. CAT 330 EXCAVATOR 93.60 HR 93 60 HR
12 EA. KOMATSU PC400 EXCAVATOR 112.32 HR 112 32 HR
3 EA. CAT 235 EXCAVATOR 114.40 HR 114 40 HR
1 EA. CAT 350 EXCAVATOR 133.12 HR 133 12 HR
2 EA. CAT 245 EXCAVATOR 145.60 HR 145 60 HR
12 EA. CAT D-3LGP DOZERS 39.52 HR 39 52 HR
4 EA. CAT D-4LGP DOZERS 58.24 HR 58 24 HR
10 EA. CAT D-6 HLGP DOZERS 68.74 HR 68 74 HR
20 EA. CAT D-SN OR D-SR DOZERS 112.32 HR 112 32 HR
10 EA. CAT D-9N OR D-9R DOZERS 133 12 HR 133 12 HR
18 EA 20 CY MACK DUMPTRUCKS 33 28 HR 33 28 HR
35 EA. 20-40 CY MACK ROLL-OFF TRUCKS 43 68 HR 43 68 HR
18 EA. 65 CY TRACTOR TRAILER 52 00 HR 52 00 HR
24 EA. 4" HYDRAULIC PUMPS 12 48 HR 12.48 HR
2 EA. 6" HYDRAULIC PUMPS 14 56 HR 14.56 HR
6 EA. 12" HYDRAULIC PUMPS 22 88 HR 22.88 HR
12 EA. 12" WELLPOINT PUMPS 18 72 HR 18.72 HR
5 EA. TRACTOR TRAILER LOW BOY 67 60 HR 67.60 HR
80,000 - 162,000 LBS.
4 EA. RT760 HYDRAULIC CRANES 145.60 HR 145.60 HR
SCHEDULE OF PRICING CONT ......
VENDOR LABOR LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
KIMMINS SUPERVISOR $ 40°98 HR $ 48 12 HR
CONTRACTING OPERATOR 27.96 HR 37 51 HR
CORP. CARPENTER 27.96 HR 37 51 HR
FINISHER 24.96 HR 33 92 HR
DRIVER 21.90 HR 28 20 HR
LJkBORER 18.28 HR 24 55
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY RATE
D'ELEGANCE 2-31/4 WHEEL LOADERS W/OPERATORS $ 78.00 HR $ 85.00 HR
MANAGEMENT D-6 SIZE TRACK DOZERS W/OPERATORS 88.00 HR 90.00 HR
LIMITED D-8 SIZE TRACK DOZERS W/OPERATORS 145.00 HR 150.00 HR
INC. 225 SIZE W/T~S TRACK EXCAVATOR 95100 HR 100.00 HR
W/OPERATORS
H16D SIZE W/THUMBS TRACK EXCAVATOR 145.00 HR 150.00 HR
W/OPERATORS
PICK-UP'S *NO OPERATORS* 8.40 HR 10.00 HR
TRUCKS-TRACTOR TRAILERS, DUMPS OR 75.00 HR 75.00 HR
FLATBEDS W/OPERATORS
TRUCKS TRI-AXLES OR TANDEMS 60.00 HR 60.00 HR
W/DRIVERS
BACKHOE LOADER (COMBO) W/OPER3kTORS 58.00 HR 60.00 HR
AIR CURTAIN 20,000 CFM W/OPERATORS 50.00 HR 50.00 HR
AIR CURTAIN 50,000 CFM W/OPERATORS 70.00 HR 70.00 HR
2,000-1,500 GAL. SIZE WATER TRUCK 55.00 HR 55.00 HR
W/OPERATORS
LIGHT PLANTS *NO OPERATORS REQUIRED* 10.00 HR 10.00 HR
LABOR LISTINGS:
D'ELEGANCE SUPERVISORS $ 40 00 HR $ 55.00 HR
MANAGEMENT FOREMAN 40 00 HR 55.00 HR
LIMITED SECRETARIES 17 00 HR 25.25 HR
INC. OPERATORS 28 00 HR 42.00 HR
QUALITY CONTROL 18 65 HR 28.00 HR
LABORERS 15 00 HR 22.50 HR
MECHANICS 40 00 HR 55.00 HR
SCHEDULE OF PRICING CONT ......
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY P~ATE HOURLY RATE
KENETECH MORBARK TUB GRINDER $ 375.00 HR NO QUOTE
RESOURCE CAT LOADER 75.00 HR NO QUOTE
RECOVERY
INC.
LABOR LISTINGS:
LABOR PRICING INCLUDED IN EQUIPMENT
PRICE QUOTE
VENDOR EQUIPMENT LISTINGS STANDARD OVERTIME
NAME HOURLY RATE HOURLY R_ATE
GRUBBS WHEEL LOADERS $ 85 00 HR $ 105.00 HR
CONST. EXCAVATORS 45,000 TO 60,000 LBS 95 00 HR 115.00 HR
COMPANY BOX BLADE TRACTQRS 50 00 HR 70.00 HR
SAND SCREENING PLANT 260 00 HR 280 00 HR
HEAVY EQUIPMENT TRANSPORT 80 00 HR 100 00 HR
LOADER BACKHOE (RUBBER TIRE) 55 00 HR 75 00 HR
OFF ROAD TRUCKS (25 TONS) 85 00 HR 105 00 HR
18 C.Y. DUMP TRUCK (ON ROAD) 70 00 HR 90 00 HR
TUB GRINDER 700 00 HR 720 00 HR
(ALL EQUIPMENT INCLUDES OPERATOR)
LABOR LISTINGS:
GRUBBS DIASTER & EMERGENCY RESPONSE $ 125.00 HR $ 187.00 HR
CONST. MANAGER
COMPANY DIASTER & EMERGENCY RESPONSE 100.00 HR 150.00 HR
COORDINATOR
PUBLIC RELATION DIRECTOR 80.00 HR 120.00 HR
FIELD SUPERVISOR 70.00 HR 105.00 HR
EQUIPMENT OPERATORS 35.00 HR 52.50 HR
LABORERS 25.00 HR 37.50 HR
TRUCK DRIVERS 30.00 HR 45.00 HR
FIELD MECHANICS 50.00 HR 75.00 HR
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~i
SUBJECT: AGENDA ITEM # 9. ~. - MEETING OF AUGUST 19, 1997
BID AWARD TO ACRT, INC. ENVIRONMENTAL SPECIALISTS
DATE: AUGUST 15, 1997
This is before the Commission to consider the sole bid of ACRT,
Inc. Environmental Specialists for a park and street tree
inventory and management plan for trees maintained by the City's
Parks Department.
The City received an Urban and Community Forestry Grant from the
Division of Forestry. The state awarded the City $8,650 and the
City was to provide an equal match for the total program cost of
$17,300. The Grant Memorandum of Agreement was executed in March
1997 and must be completed by March 30, 1998.
Bids were advertised on July 16, 1997 and although Purchasing
sent quotation requests directly to three companies specializing
in this type of work only one company, ACRT, Inc. responded, with
a proposal in the amount of $16,050. This company has been a
leader in urban forestry services, and they have developed
software which will allow much greater information to be provided
than we currently have with our system.
Recommend approval of the bid to ACRT, Inc. Environmental
Specialists for a park and street tree inventory and management
plan, in the amount of $16,050 from Other Contractual Service
(Account No. 334-4144-537-34.90) through budget transfer from
Improvements Other -Lifeguard Headquarters (Account No. 334-4170-
572-63.44).
Date: August 12, 1997 Agenda Item No. C~. ~..
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: August 19, 1997
Description of Agenda Item:
Bid Award for Park and Street Tree Inventory and Tree Care Management Plan
Bid No. 97-37
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: (~/No ~¢1~
Funding Alternatives: (if applicable).
Account # & Description:,~-qlql4-G~- ~J~], 610 ~,rC_~0~i~.~ ,,~'e..q-~A
City M~ager Review:
Approved for agenda: 7 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96 .
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
FROM: NANCY DAVlLA, HORTICULTURIST
RE: RECOMMENDATION FOR AWARD OF BID NO. 97-37
PARK & STREET TREE INVENTORY AND
TREE CARE MANAGEMENT PLAN
DATE: AUGUST 11, '1997
ITEM BEFORE THE COMMISSION
The item before the Commission is consideration for the award of Bid No. 97-37 to
ACRT Inc., Environmental Specialists for the preparation of a park and street tree
inventory and a tree care management plan in the amount of $16,050.00.
BACKGROUND
Last year I applied for and received an Urban and Community Forestry Grant from the
Division of Forestry for the preparation of a tree inventory and a tree care management
plan for trees currently maintained by the City's Parks Department. The State awarded
the City $8,650.00 and the City was to provide an equal match for the total program cost
of $17,300.00. The Grant Memorandum of Agreement was executed in March 1997 and
must be completed by March 30, 1998.
Bids were advertised on July 16, 1997 and the bid due date was August 4, 1997.
Although Purchasing sent quotation requests directly to three companies who specialize
in this type of work, only one company, ACRT Inc., responded with a proposal. Another
company, Natural Resources Planning Services responded with a Statement of 'no bid'.
Although we only received one bid, ACRT Inc. appears to be leading the way in urban
forestry services. They have provided consulting services to over 200 cities over the
past nine years. With 14 Senior technical Specialists, 142 Urban Foresters,
Environmental Technicians and Tree Care Instructors, ACRT has the largest corporate
staff dedicated to only Urban Forestry. They have provided inventories and software to
Winter Park, Coral Gables, Oviedo, Tyndall Air Force and most recently to Key West.
ACRT's GPS (Global Positioning System) hardware will allow the accurate location of
trees in parks and enables the production of maps for the location of trees in the field by
city crews.
Street Tree locations are typically done on a 'Blockside' or 'Tree Number' methodology.
ACRT is not sure that the City's Hansen system has the direct capability of these data
collection methods. In fact, there are limits to the Hansen Systems Streets Module.
ARCT has developed a software 'Tree Manager Software', designed by foresters which
will allow much greater information to be provided. As an example, if the City were to
loose a great number of trees in a hurricane, Tree Manager can calculate the value of
those tree for monetary relief from FEMA. It can calculate how much fertilizer is needed
for our trees and has many more applications than Hansen, which provides a focus
more on infrastructure than urban forestry.
Mark Henderson, Manager of Project Development for ACRT indicated he would be
willing to download the information from the field into the Tree Manager for Windows
Software and let the City use it for a year. At the end of the year, if we didn't like it,
ACRT would transfer the information to our Hansen System at no charge. If we did like
it, we could include in the '98?99 fiscal year budget. The software is $3,523.00. I think
the are very confident about the user satisfaction of this software. It seems that the
Parks Department will be able to get a lot more information from this system
RECOMMENDATION
I am recommending that the City Commission give favorable consideration to awarding
Bid No. 97-37 to ACRT, Inc., Environmental Specialists, in the amount of $16,050.00 to
provide a park and street tree inventory and tree care management plan. Funding is
available in Account # 334-4144-537-34.90.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l~L~'~'~I
SUB 0T: -
APPOINTMENT TO THE PLANNING AND ZONING BOARD
DATE: AUGUST 13, 1997
The term for Carolyn Young will expire on August 31, 1997. At the
August 5th regular meeting, Commissioner Egan reappointed Robin
Bird and Commissioner Ellingsworth reappointed Patricia Archer.
Commissioner Randolph deferred his appointment to the August 19th
meeting.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the
city. The term is for two (2) years, beginning September 1, 1997,
and ending August 31, 1999. The list of applicants is attached
for your review.
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. Copies of non-conforming
landscape violations are attached for Carolyn Young. Mrs. Young
has met with the landscape inspector and has stated that she is in
the process of correcting the violations.
The appointment will be made by Commissioner Randolph (Seat #4).
Recommend appointment of a member to the Planning and Zoning Board
for a two year term ending August 31, 1999.
ref:agmemo
Appointment to the Planning and Zoning Board
City Commission Regular Meetinq of August 19, 1997
The following have submitted applications for consideration:
Sandra Almy
Donald Allgrove (currently on Civil Service Board)
Edward Aptaker (currently on the Affordable Housing
Advisory Committee)
J. Kent Atherton
John G. Baccari (currently on the Board of Adjustment;
has also applied for SPRAB)
Maryellen Byrne-Murphy
Helen Coopersmith
Peter E. Costello
Kenneth J. Damian
Michael S. Dudeck, Jr.
Joseph Farkas (also applied for HPB)
Bernard Federgreen (also applied for SPRAB, HPB, BOA)
Sharon Fowler (also applied for SPRAB, HPB)
Michael Goldman (also applied for BOA)
Bob Griek
Ruth Hauser (also applied for HPB)
Daniel P. Hess (currently on BCA with term ending 8/31/97,
not eligible for reappointment)
Craig Campbell Jackson
George Maso Jones (currently on the Affordable Housing
Advisory Committee)
Leo Koppman (also applied for BOA)
Mark Krall
Harriet Lerman
(continued ...)
Gall Lee-McDermott (also applied for SPRAB, HPB)
P. Michael Manning
Arthur j. Menor
William E. Morris
Ralph Morse (also applied for HPB)
Rosalind Murray (currently on the Education Board)
Steven Neubarth (also applied for SPRAB)
Arthur B. NeJame
Sylvia Gwynn Pecaro
Michael K. Plum
Sherry Morris Potts
Scott Reinhart
Benjamin F. Ricker III (also applied for BOA)
Randee S. Schatz (also applied for SPRAB, HPB, BOA)
Timm R. Sweeney (also applied for HPB)
Stanley Watsky
Carolyn L. Young (incumbent)
Gregory E. Young (also applied for SPRAB, HPB)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~ /
SUBJECT: AGENDA ITEM # ~H- REGULAR MEETING OF AUGUST 19, 1997
APPOINTMENT TO SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: JULY 31, 1997
The term for Richard Sheremeta (engineer) will expire on August
31, 1997. Mr. Sheremeta has served two full consecutive terms and
is not eligible for reappointment.
At the August 5th regular meeting, Commissioner Randolph
reappointed E. Conrad Sittler, Jr. (layperson) and Commissioner
Schmidt appointed William C. Branning (layperson). Mayor Alperin
deferred his appointment of an architect/engineer to the August
19th meeting.
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, one member shall be a registered architect or
a registered professional civil engineer. The term is for two (2)
years, beginning September 1, 1997, and ending August 31, 1999.
The list of applicants is attached for your review.
Pursuant to Commission direction, 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 (architect/engineer) to the Site
Plan Review and Appearance Board for a two year term ending August
31, 1999.
ref:agmemol
Appointment to the Site Plan Review and Appearanceg Board
City Commission Reqular Meetinq of Auqust 19, 1997
Applicants for architect/enqineer position:
Shane Ames (architect; also applied for HPB)
John Baccari (architect; currently on BOA with term
expiring 8/31/98; also applied for P&Z)
John Krane (engineer)
David Martin (architect)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,?ti
SUBJECT: AGENDA ITEM # V~ - REGULAR MEETING OF AUGUST 19, 1997
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD
DATE: AUGUST 13, 1997
The term for John Vaughn will expire on August 31, 1997. Mr.
Vaughn has served two full consecutive terms and is not eligible
for reappointment.
At the August 5th regular meeting, Commissioner Schmidt
reappointed Anthony Damiano and Commissioner Egan reappointed
Debora Turner Oster. Commissioner Ellingsworth deferred his
appointment to the August 19th meeting.
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, 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, provided there are
applicants available. Laypersons of knowledge, experience and
judgment having an interest in historic preservation should
compose the balance of the membership. Further, preference should
be given to professional and lay people who own property within
historic districts or whose property is listed in the Local
Register of Historic Places. The term is for two (2) years,
beginning September 1, 1997, and ending August 31, 1999. The list
of applicants is attached for your review.
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
The appointment will be made by Commissioner Ellingsworth (Seat
#3).
Recommend appointment of a member to the Historic Preservation
Board for a two year term ending August 31, 1999.
ref:agmemo2
Appointment to the Historic Preservation Board
City Commission Reqular Meetinq of Auqust 19, 1997
The following individuals have submitted applications for your
consideration. The list is separated into those persons owning
property in an historic district and other applicants.
Owns property in an historic district:
Shane Ames (architect; Del-Ida Park; also applied for SPRAB)
Cecil A. Jamison (architectural drafting; Del-Ida Park)
Mary Lou Jamison (interior design courses; Del-Ida Park)
Tony Keller (contractor; Del-Ida Park)
Frank Rozzo (layperson; Old School Square)
Other applicants:
Bonnie Ansbacher (interior design; also applied for SPRAB)
Janet Baron (layperson; real estate background; currently
serving as a regular member on BOA)
Robert Brewer (layperson, architectural studies; also
applied for SPRAB)
Gloria Elliott (lay-person)
Joseph Farkas (layperson; also applied for P&Z)
Bernard Federgreen (retired; also applied for SPRAB, P&Z,
BOA)
Sharon Fowler (geography; xeriscape advisor; planning
courses; also applied for SPRAB, P&Z)
Ruth Hauser (geography/planning degree; also applied for P&Z)
George Maso Jones (layperson; realtor; currently on the
Affordable Housing Advisory Committee;
has also applied for SPRAB, P&Z)
Gail Lee-McDermott (art major; architectural courses; also
applied for SPRAB, P&Z)
Ralph Morse (layperson; photography; also applied for P&Z)
Randee S. Schatz (attorney & realtor; also applied for
SPRAB, P&Z, BOA)
(continued ...)
Rhonda Sexton (interior design; also applied for SPRAB)
Carmelita Smith (teacher; currently on the Affordable
Housing Advisory Committee)
Timm R. Sweeney (marketing; also applied for P&Z)
Gregory E. Young (attorney; also applied for SPRAB, P&Z)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF AUGUST 19, 1997
APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: AUGUST 13, 1997
The term for reqular member Jess Sowards will expire on August 31,
1997. Mr. Sowards was appointed in November, 1995, to fill an
unexpired term. He is eligible and would like to be considered
for reappointment.
The term for alternate member Richard Brautigan will also expire
on August 31, 1997. Mr. Brautigan is not interested in being
considered for reappointment.
At the August 5th regular meeting, Mayor Alperin appointed Perry
DonFrancisco as a regular member and Commissioner Schmidt
appointed Anne Hoctor an an alternate member. Commissioner
Randolph deferred his appointment of a regular member and
Commissioner Egan deferred his appointment of an alternate member
to the August 19th meeting.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the
city. The term is for two (2) years, beginning September 1, 1997,
and ending August 31, 1999. The list of applicants is attached
for your review.
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
The appointments will be made by Commissioner Randolph (regular
member) and Commissioner Egan (alternate member).
Recommend appointment of one regular member and one alternate
member to the Board of Adjustment for two year terms ending August
31, 1999.
ref:agmemo3
Appointments to the Board of Adjustment
City Commission Reqular Meetinq of Auqust 19, 1997
The following have submitted applications for consideration:
Michael Eisenrod (also applied for SPRAB)
Bernard Federgreen (also applied for SPRAB, HPB, P&Z)
Michael Goldman (also applied for P&Z)
Leo Koppman (also applied for P&Z)
Benjamin F. Ricker III (also applied for P&Z)
Randee S. Schatz (also applied for SPRAB, HPB, P&Z)
Jess Sowards (incumbent, regular member)
OAN.-31'9?[FRI) 15:3fi SHAKMAN GONST'RUGTION TEL:561 750 8511 P. 002
CITY OF DELRAY BEACH
BOARD HEHBERAPPLICATION
H0~ ~D~sS (Sireet; C~ty. Z~p--Code)~ (LEG~ ~SIDENCE)
PRINCIP~ BUSINESS ~D~SS (Street, C~ty~ Zip Code) ..
LIST gL CITY BOgS ON ~ICH YOU ~E ~N~Y SERVING OR ~VE PhEVIOUSLY
SERV~ (Please include
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES I/BICH YOU }t0Ll)
GIVE YOUR PRESENT, OR HOST RECENT EP~LOYER, A.ND POSITION
DESCn~Z E~nIZNCZS. SKILLS OR ~O~EDGE ~ICR QU~IFY YOU TO SERVE ON ~IS
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
UNDERSTAND THAT ANY MiSSTATEHENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION NAY CAUSE FORFEITURE UPON PlY PART OF ANY APPOINTHENT I HAY RECEIVE.
4/90
3AN.-31'97{FRI} 15:36 SHAKMAN GONSTR~CTION TEL:561 750 8511 P. 003
SHAKMAN
CONSTRUCTION
COMPANY
MICHAEL GOLDMAN
Experiences
I have been in the oonslru¢fion/developing induslry for approximately sixteen "
years. In this time, I have had the oppor~unlty to have "hands on" experience in
the field and developing expm4ence vMth a local high-profile developer.
Having had opporlunkies of bring on both ~ides of the fence, ! believe I can be
objective in my decisions pertaining to issues being faced by the boards ][ am
interested in.
Presently, I am the president of Shakman Construction Company located in Boca
Raton. The majority of my duties are administrative in nature while having a hand
in the day to day construction projects. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~I1
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 19, 1997
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
DATE: AUGUST 14, 1997
The terms for the following members on the Board of Construction
Appeals will expire on August 31, 1997:
Roy Simon (architect)
Daniel P. Hess (master plumber)
Mr. Simon and Mr. Hess have both served two full consecutive terms
and are not eligible for reappointment.
At the August 5th regular meeting, Commissioner Egan reappointed
Ronald Brito (general contractor) and Commissioner Ellingsworth
reappointed Donald MacLaren (sign contractor). Mayor Alperin
deferred his appointment of an architect and Commissioner Schmidt
deferred his appointment of a master plumber to the August 19th
meeting.
To qualify for appointment, a person shall have actual previous
experience in their respective trade or profession deemed
sufficient by the Commission. Residency is not required. The
term is for two years, beginning September 1, 1997, and ending
August 31, 1999. The list of applicants is attached for your
review.
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
The appointments will be made by Mayor Alperin (Seat #5) for the
architect position and by Commissioner Schmidt (Seat #1) for the
master plumber position.
Recommend appointment of two members to the Board of Construction
Appeals for two year terms ending August 31, 1999.
ref:agmemo4
Appointments to the Board of Construction Appeals
City Commission Reqular Meetinq of Auqust 19, 1997
The following have submitted applications for consideration:
Applicants for architect position:
George Brewer
Robert G. Currie
Applicants for master plumber position:
Russell A. Warren
tIP. EI. IE~'- ~P. CHI'TECT 4072725722 P. 01
0,31 -:-lO O: ~-i L. AAi LL. ILItP, .;,,,,I,~_
CITY OF DELRAY BEACH
BOARD ltL%~EE APPLICATION
~OME ADDKES$ ($~r~et, Cit~, Zip ~pd~) (LE~ ~IDENCE)
~KIHCIP~ BU~2H~SS ~D~SS (S~reec, .City, Zip Cod~ ..
~o~m rao~r ~7~. I~ I~, ~us~ss r~o~ ~?~.7~1
ON ~T ~O~S ~ ~OU IN~S~D IN $EEVIN~
LIST ALL CItY BOAItD6 ON WIilCIt ~OU AP~ CIIP~NTLY .SERVING O~ ~VE ~EEVIOUSLY
$EKVED (Please include
LIST'ANt P. ELATED PEOFESSION.kL CERTIFICATIOn, S AND LICENSES WHICH YOU HOLD
GIVE ~0~ P~S~, OR MOST ~CENT ~LO~R, ~ POSITION
DESCRIBE E~ERI~CES. ~Tl.L8 OR ~[}~.~F. ~TC~ ~IIA~,7~ VO~ TO SERVE ON
BOAR~
PLEASE ATTACH A BEIE1= ]~ESUME.
I HEREBY CERTIFY THAT .~L ~'~ ~0~ STAT~S ~ ~, ~ I AGUE ~
' ~/~o
..... O'~-Y~$",:~? FRI 09:0? FiX SSi 24~ ~?74 CITY CLERK ~oo2
~OAI~ ~..~F.~ A~PLICATTON
NAHE [obert G. Currie,
134 N.E. 1st Avemue; Delray Beach, FL 33~44
~Ol~ ADDI~SS (Street, Ci~, Zip CodeY ~LE~
134 N.~. Xst Aven~e; Velray ~each, ~ 334&~
Board o~ Cous~c~ion
LIST ALL CITY BOA~DS ON gEICH YOU AEE CUa~_FFELy S~VZNG OR ~VE P~0USLY
S~ (Please t~clude dates) Board of ~nst~ction Appeals ~/90-8/90
C~ 9/75-~/8~ (membe~ $ Chair); Pla~g ~d Zoning 9/86-9/88(member & Chair)
Please see atgached resume
LIST Ab~ EELATED PEOFESS[ONAL CEETZFICATIO~$ AND L[~SES ~ICH YOU
~chi~ec~ural reEls=rations in: ~4964; CT#5953, ~001-0~3307;~ ~2~6;
~5798; ~#1358; RI~1883, VA~5728, NC~11365
GI~ ~0~ ?~S~, OE ~OST ~C~ ~LO~, ~ POSITION
Pr~ncIpal, Robert G. Currie Partnership, Inc. ..
DESCribE E~E~Z~CE$, S~S ~ ~O~E ~I~ QU~I~ ~00 TO SER~ ON
~0~
Established in ~his City eince 1969, $e~ed the above ze~erenced boards
I ~ve a p~ofe, asi~,nal scandin~ i~, th~ co~nlt~ and a..c,~itment to
the City's future gro~h & success
ROBERT G. CURRIE, AIA
Principal
EDUCATION
Harvard University Graduate School of Design, Master of
Architecture; University of Minnesota, Bachelor of Architecture.
REGISTRATION
Architect: Massachusetts, Maine, Connecticut, Virginia, New
Hampshire and Fiorida.
Certified: NCARB
COMMUNITY SERVICE:
A member of the City of Delray Beach's business community for the
past 20 years, Mr. Currie has developed an acute understanding of
the City and its residents. He has served on a number of local
boards, with his primary objective always focusing on what is
best for the City. Mr. Currie has chaired, as well as served as
a member of the City's Planning and Zoning Board; he has also
been chairman and a member of the Community Appearance Board, as
well as the Board of Adjustment.
PROFESSIONAL AFFILIATION
Mr. Currie is the founding principal of CURRIE SCHNEIDER
ASSOCIATES AIA, PA. The firm was established in 1970 b.v Mr.
Currie, a national ly renowned Architect who's work has
encompassed projects throughout the United States and abroad.
After receiving a Bachelor of Architecture degree from the
University of Minnesota, Mr. Currie continued his studies at
Harvard University where he was awarded a Masters of Architecture
degree.
His career has been highlighted by serving as a Professor of
Architecture at several universities including the University of
Sydney in Australia; Florida Atlantic University, Boca Raton,
Florida and the University of Miami, Miami, Florida.
Mr. Currie is a past President of the AIA Palm Beach Chapter and
the AIA Spanish River Section. His assignments have included
participating on juries for local and state chapter Design Award
competitions including juries for the AIA Michigan Society,
Broward County Chapter, Florida South Chapter, Indian River,
Florida Chapter and Potomac, Maryland Chapter.
Robert G. Currie, cont'd.
In his role as the firm's principal designer, Mr. Currie has had
the opportunity to make significant contributions to the City of
Delray Beach's architectural character. Some of his most
recoFnized assignments include the 25 Seabreeze office building;
the Holiday Inn Camino Real; the South County Complex and
Waterway East. Mr. Currie's firm is currently under contract to
provide architectural services on a new city Fire Station and has
been commissioned to prepare construction drawings for the 01d
School Square cultural center.
South County Civic Center Palm Beach County, Florida
Currie Schneider Associates AIA, PA
Delray Beach, Florida
The objective of this project is is buffered from its surroundings
to provide the residents in by existing vegetation.
southern Palm Beach County with There will be seating for 1.000
a place to hold civic meetings and inside the center's usable 20,000
to provide administrative offices square feet. Interior requirements
for the County Commissioners include flexibility in the main as-
and the Parks and Recreation sembly room which can be subdi-
Department. vided into four smaller spaces.
Situated on an existing lake, Be, cause each room must be able
the building will occupy a to function indcpcndcntly, it was
fourteen acre site in the immediate necessary for the design to
vicinity of several residential provide for acoustical isolation.
. developments. The external form The jury felt that this simple
of the new center reflects the building form resolved a complex
internal function and the building variety of gpatial requirements.
is atypical of others in the area. It
5itt plan and southeast elevation. FLORIDA ARCHI'~Cq' J~dT/Aa~ ~9
The Palm Be. ach Chapter of the
AIA honored two firms, Currie
Schneider A.~ociates of Del~y
o Beach and Oliver Glidden & Part-
ners AIA of West Palm Beach
during i~s 1986 Awards Pro,ram.
Currie Schneider received an
Award of Excellence for their
design of two office buildings,
Interstate I and II and for the
Temple Sinai in Delray Beach.
O1/ver Glidden was awarded for
their plan for the Greenacres
Fire Station in the City of Green-
acres. The 1986 Jury included
Don Singer, FAIA, Tom Regan,
Dean of Architecture, Univer-
sity of Miami and Don Sackman,
AIA.
PARTIAL LIST OF AWARDS
1987 25 SEABREEZE
Delray Beach, Florida
· City of Delray Beach Community Appearance Board
1987 DELRAY BEACH LIFEGUARD STAND
De[ray Beach, Florida
City of Deli-ay Beach Community Appearance Board
1987 HOLIDAY INN CAMINO REAL
Delr~y Beach, Florida
City of Delray Beach Community Appearance Board
1956 AUBURN TRACE
Delray Beach, Florida
Honorable Mention
Delray Beach Housing Authority
1956 TEMPLE SINAI
Delray Beach, Florida 25 SEABREEZE
Award for Excellence
Palm Beach Chapter DELRAY BEACH, FLORIDA
American Institute of Architects
1986 INTERSTATE CENTRE 1982 :~55 OFFICE BUILDING
For~ Lauderdale, Florida Delray Beach, Florida
Award for Excellence Honor Award
Palm Beach Chapter Palm Beach Chapter
American Institute of Architects American Institute of Architect~
1956 BRADENTON HOLIDAY INN 1981 SOUTH COUNTY COMPLEX
Bradenton, Florida Palm Beach County, Florida
Best New Design of the Year Award for Excellence
Torchbearer Award, Holiday Inns International Palm Beach Chapter
1984 HOLIDAY INN CAMINO REAL American Institute of Architects
Delray Beach, Florida 19S1 THE BRIDGE RESTAURAKT
Best New Design of the Year Delray Beach, Florida
Torchbearer Award, Holiday Inns International Award for Excellence
Palm Beach Chapter
1984 NEWPORT NEWS CULTURAL CENTER American Institute of Architects
Newport News, Virginia
Second Place Winner 1980 FELl) RESIDENCE
International Design Competition Award for Excellence
Palm Beach Chapter
1984 SI'IN,SON-HEAD OF~UCE BUILDING American Institute of Architects
Boca Raton, Florida -
Special Recognition Award 1980 BERNARD'S RESTAURANT
City of Boca PaWn Community Appearance Board Boynton Beach, Florida
Award for Excellence
1983 BERKSHIRE BY THE SEA Palm Beach Chapter _
Delray Beach, Florida American Institute of Architects
Award for Excellence
Palm Beach Chapter 1977 SEA RIDGE CONDOMINIUI~IS
American Institute of Architects Gulfstream, Florida
Award of Merit
Florida Association
American Institute of Architec~
1975 ESTANCIA
Boc~ Eaton, Florida
First Place
Arvida Design Competition
1972 SOUTH COUNTY COMPLEX
Palm Beach County, Florida
One of Ten Build/n~ to Exemplify.
C, ood Building Design_
American Institute of Architect~
1971 SOIFFH COUNTY COMPLEX
Palm Beach County, Florida
Honor Award
Florida As.~ociation
NEWPORT NEWS CULTURAL CENTER American lhstitute of Architec~
NEWPORT NEWS, VIRGINIA
CURRIE SCHNEIDER ASSOCIATES AIA, PA i~ · full~ervlce Arr. hit~ctur~ firm b~ed in Deiray Beach, l~orida. Established in 1969, the fn'm provides ~erv~ce~
to cl/ents on c~mme~, hotel ~nd resort, reta/1, multi-f~ily residential ~nd ~overnment~l facilities.
25 Seabreeze Avenue, Delray Beach, Florida 33483 (305) 276-4951 737-2279 429-1566
M A S T E R ? L U M B E R
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME RUSS~U.T.A. WARREN
15199 HARRISON RD., DELRAY BCH., FL 3348~
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
1191 S. OLD DIXIE HV~f.. DEI JRAY BCH.. ~.
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (407> 498-5325 BUSINESS PHONE (/'~7) 776-1~11
ON WHAT BOARDS ~ YOU INTERESTED IN SERVING CON$~RI}CTTON
LIST ALL CITY BOARDS ON W~tICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Prev.: Construction appeals board
EDUCATIONAL QUALIFICATIONS Master Plumber
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AJqD LICENSES WHICH YOU HOLD
Master Plumber lic. ~fd9699. Certified Back-F]nw
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION RUSTY PLUMBING of
DFC.RAY, INC. OliN-ER
DESCRIBE EXPERIENCES, SKILLS OR KNO~%EDGE WHICH QUALIFY YOU TO SERVE ON
BOARD
Previous Board Experience
25 years in construction industry
Licensed master plumber 18 years
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TIO~Y CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~- SIGNATURE DATE
4/90
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF AUGUST 19, 1997
11. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately followinq Public Hearinqs.
11.A. City Manaqer's resDonse to prior public comments and
inquiries.
In response to comments made at the last meeting, the
City Manager stated that the City Clerk has scheduled the issue
of yard sales and their control for a future workshop meeting.
Concerning the comments about Boynton Beach's position
opposing House Bill 2121, the City Manager reported that the City
of Boynton Beach has not taken formal action. Their City
Commission did have a workshop on August 4, 1997, at which School
Board member Paulette Burdick gave a status report on the
proposed Boynton Beach High School and the affects of HB 2121.
The potential ramifications of the legislation were discussed and
the Boynton Beach Commissioners and Chamber of Commerce members
were urged to contact the legislative delegation in an effort to
have the bill modified and to encourage a special legislative
session in the fall on schools and school funding. The City
Manager stated that his office has received a copy of HB 2121 and
it is available for anyone who is interested in reviewing it.
On the same subject, since Mayor Alperin had asked
about it in the Commission comments, the City Manager stated that
the Education Board will be reviewing HB 2121 at its September
8th meeting. The Education Board is hoping State Representative
Bill Andrews and Mr. Sello, the new Area I Superintendent, will
be able to attend that meeting to discuss the bill 'and what
impacts it will have on the City's schools. Depending on the
Board's understanding of the bill, a formal recommendation to the
City Commission will be voted on at that meeting or at their next
meeting on September 15, 1997. In either case, the Commission
should have a formal recommendation from the Education Board by
the September 23rd regular meeting.
11.B. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, addressed the Commission
with respect to the Delray Beach Library's additional $300,000
funding request. Mrs. Finst asked how much the Library's request
would cost the taxpayers of the City if the Commission did plan
to fund the request, either as one lump sum or spread out over
several years? She felt there is a need to assist the Library
and asked if the Commission is entertaining the funding request
either in whole or in part?
Secondly, representing the Board of Directors of the
Homeowner's League of Chatelaine, Mrs. Finst expressed concern
about the condition of the streets in Chatelaine as well as the
general condition of streets and roads throughout the City. She
stated she has been asking for assistance with the roads in
Chatelaine for some eight years and now they are in deplorable
condition. She asked how many streets in the City need to be
paved just to bring them up to a minimum acceptable standard,
what is the situation with streets that need resurfacing versus
rebuilding, and if there is any kind of account where there is
money available to take care of the City's roads and streets?
She felt the Commission has gone overboard to hold the tax rate
down and now the streets are not being paved in a timely fashion
and are deteriorating. Mrs. Finst asked if there is a list of
streets which need to be repaired and if Chatelaine's roads are
on this list? Further, she asked what it would cost to bring the
neglected streets up to an acceptable standard and how this
additional cost would affect her tax bill?
With respect to Mrs. Finst's comments concerning the
Library funding request, Mayor Alperin stated that the request is
for an additional $300,000 and this would be an annual increase
in their budget, not a one time thing. The City Manager stated
it will increase next year because the $300,000 includes some
positions that are only funded for part of the year, so it would
automatically go up again next year. The City Manager further
stated that the funding request equates to a one-quarter of a
mill increase.
Mrs. Finst then inquired about the schedule for the
budget hearings. The City Manager responded that a budget
workshop is scheduled for September 2nd and public hearings on
the budget are scheduled for September 9th and 23rd.
ll.B.2. Jerry Marshall, resident of Woodlake, endorsed the
Delray Beach Library's additional funding request and stated that
-2-
he would not be opposed to paying a 1/4 mill increase in his
taxes if that would help the Library to function at the level it
should be operating. Mr. Marshall felt that the Library is
important to the City not only from a cultural standpoint, but
also to the school children of Delray Beach.
11.B.3. Samantha Cirelli, 40 Hendricks Isle #6, asked how long
it would take for the pedi-cabs issue to come back before the
Commission? The City Manager stated that it would probably be
within three months or so. Mayor Alperin suggested to Ms.
Cirelli that she stay in touch with the City Manager's office to
monitor this issue.
11.B.4. Gerald DeFoe, 142 Mockingbird Lane, stated that
Progressive Residents of Delray (PROD) urges the Mayor and City
Commissioners to seriously consider the Delray Beach Library's
additional funding request.
As for the issue of school overcrowding and
concurrency, Mr. DeFoe urged the Commission to join with other
south county municipalities to present a solid front in
opposition to House Bill 2121 and its impact on the Palm Beach
County School District.
11.B.5. Helen Coopersmith, 1222 South Drive Way, stated that
PROD (Progressive Residents of Delray) will be meeting in the
Commission Chambers at 2:00 p.m. on Thursday, August 21, 1997.
She invited anyone who might be interested to attend the meeting.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manaqer.
The City Manager updated the Commission on the
continuing efforts to make some more money available in the
budget to address some of the funding requests which have been
received. He reported that the City recently received some grant
funds in excess of what had been anticipated. Also, based on the
July 1997 revenue reports for EMS transport fees, a higher amount
there can be projected. Combined with additional cuts to the
budget, there is now $340,000 available to the Commission. This
amount could be divided up any number of ways; for example,
$120,000 could go to the Library's additional request, $60,000
for Old School Square, $30,000 for Pineapple Grove, and the
millage could be reduced by five-hundredths (.05) of a mill.
Another example would be to give the Library $250,000 and not
reduce the millage, or any combination in between to address the
various needs and priorities as the Commission sees fit.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
-3-
13.C.1. Mr. Randolph
On question from Mr. Randolph, the City Manager
clarified that Pineapple Grove has requested $30,000. If they do
not get it, they will go out of existence. Old School Square has
asked for a $60,000 increase to offset the interest they are
paying the City as well as lost revenue due to the discounts they
give to numerous non-profits that use their facilities. The
Library has requested a little over $300,000 in additional
funding. The Commission could give them $120,000 which may not
be the full amount requested, but would go a long way towards
developing the kind of library we would like to see in Delray
Beach.
13.C.2. Mr. Schmidt
Mr. Schmidt inquired about the status of the change in
the pick up of yard waste materials by BPI and when this change
would go into effect? The City Manager clarified that the
proposal was to have yard waste still picked up only one day a
week, but it would be a combined collection with a regular trash
pickup. He stated that this change is supposed to start about
the 1st of September, but he would check with BFI since he had
not seen anything distributed by them about the change.
Mr. Randolph commented that he has seen the trash pick
up truck in the northwest area for the last two Mondays and felt
that was an encouraging sign.
13.C.3. Mr. Eqan
Mr. Egan asked that the City follow through on
enforcing the maintenance of the newsracks. The agreement was
that the newspapers would maintain them. He noted that the
newsrack at northbound Federal Highway and 4th Avenue is peeling
and the paint is gone off the top of it.
Secondly, Mr. Egan complimented the Environmental
Services Department for having a crew respond so promptly to a
call made by his wife regarding a flood at their home. He was
extremely impressed by the efficiency of the line crews and felt
they should be acknowledged for doing an outstanding job.
13.C.4. Mayor Alperin
Mayor Alperin stated that if the Commission has not
already done so, appointments should be made with the City
Manager and the City Attorney to discuss their performance
evaluations. Mayor Alperin requested these items be scheduled
for the September 2nd budget workshop meeting.
With regard to the Community Policing Exchange, Mayor
A1perin noted that the Police Department's volunteer program
received an entire page of recognition and pointed out that one
in fifty people in Delray Beach volunteer for the Police
Department.
At this point, the City Manager stated that at the
Roots Festival Prayer Breakfast he received Certificates of
Appreciation from the Roots Cultural Festival Committee for the
City's support. He distributed the Certificates of Appreciation
to those Commission members who were unable to attend.
-5-
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Alison Harry, City Clerk~~
SUBJECT: Response to Auqust 5th Public/Commission Comments
DATE: August 18, 1997
Re the attached:
(1) I have the issue of yard sales and their control on the
schedule for a future workshop.
(2) Concerning Mr. DeFoe's request that the Commission join with
the City of Boynton in opposing the State Legislature's position
on school construction (House Bill 2121), I contacted Sue Kruse,
Boynton's City Clerk, who informed me that Boynton has not taken
any formal action. However, they did have a workshop on August
4th at which School Board member Paulette Burdick gave a status
report on the proposed Boynton Beach High School and the effects
of HB 2121. A copy of the minutes of that meeting is attached.
On my reading, the potential ramifications of the legislation
were discussed and the Boynton Commissioners and Chamber members
were urged to contact our legislative delegation in an effort to
have the bill modified and to encourage a special legislative
session in the fall on schools and school funding.
If you need any additional information, please let me know.
AMH/m
Attachment
has problems with people parking in her yard as well as blocking
her driveway. This is a situation she has discussed with Code
Enforcement on numerous occasions. The people are running a flea
market and the City knows it. Mrs. Jamison felt yard sales are
fine but suggested there should be some kind of system to keep
track of how many a person has as well as a limit on the number
allowed, such as two per year or one every six months.
The City Manager commented that the City has no code
provision that deals with this type situation. In Winter Park,
what ended up happening was a person was required to get a
permit, although what it amounted to was you were supposed to
call and notify the City that you were having a sale. There was
no charge for it, but the City did keep a record and if it was
more than one every six months or two per year, it was not
allowed.
I~ It was the consensus of the Commission to put this
/issue to a future workshop for discussion as to some type of
~control.
.?~ ,'~l__~B.2~ Gerald DeFoe, resident of Country Manors, asked that
~'~'-I the Commission consider joining the City of Boynton Beach in
~~opposition to the State Legislature's position on school con-
.~'~r"i struction and renovation, or Mouse Bill 2121. He encouraged the
Commission members to acquaint themselves with the mission
statement of Students First, which advocates the immediate
application, by referendum, of concurrency. Mr. DeFoe stated
that PROD has taken the position to strongly advocate the con-
struction of new schools, that the state return more monies to
counties like Dade, Broward and Palm Beach, and to voice opposi-
tion to the careless way in which the Legislature has handled the
use of portables in relation to school construction. Mr. DeFoe
concluded by asking the Commission to join with the City of
Boynton Beach and other municipalities in Palm Beach County who
are incensed about what the Legislature did as far as the con-
struction of new schools and the rehabilitation of local schools,
especially along the seaboard.
ll.B.3. Tom Fleming, 215 N.E. let Avenue, endorsed Mr. DeFoe's
comments concerning the need to oppose Mouse Bill 2121. Mr.
Fleming explained he is a member of a subcommittee for the
Eastward ~o! Implementation Strategy Commission and this is one
of the issues that has been discussed. The overwhelming consen-
sus of those participating is that this legislation could have a
considerable impact particularly on school development, redevel-
opment, rehabilitation and infill construction in the urban area
along the Eastward Ho! focus district. Mr. Fleming suggested
this would be an excellent issue for the City's Education Board
to get involved with and an opportunity to learn more about this
important issue so that the Education Board can serve as a strong
advisor to the City Commission.
~2. FIRST Readings: None
-15- 8/05/97
.SENT BY: ; 8-14-97 ;11:53AM ; Boynton Bch fax- 561 243 3774;¢ 1
From: Janet Prainito - Recording Secretary II - City Clerk's Office
Telephone No. (561) 375-6060
1'o= Sharon From,' City Clerk's Office - Delray Beach
Fex,' (561) 243-3774 Page~: 8
Phone: (581) 243-7059 I~d:e.' 08/14/97
Re, House Bill 2121 CC:
[] Urgent [] For Review [] PI·m® Comment [] Pleas® R®p~y [] Please Recycle
· Attached Is the Information you requested.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager reported that a meeting was held with
BFI last week to discuss the company's continued unsatisfactory
performance in the collection of yard waste and bulk trash. One
thing they have proposed and which staff feels is acceptable, is
starting the 1st of September they will no longer separately
collect vegetative waste. It will be collected along with
everything else. The law only requires it to be separately
collected if it is going to a landfill. Since the City's waste
goes to a waste energy facility, there is no legal requirement to
separate it. BFI feels that part of the problem is due to the
complexities involved in the separation. They also want to shift
the area west of llth Avenue so that it will become part of the
area that is collected on the same day as west of 1-95. This
would make the collection area to the east a little smaller. It
is the area that seems to have the most problems and has the
highest volume of waste generation. The City Manager stated he
is hopeful that these measures will significantly improve the
appearance of the city and help to resolve the problem.
13.B. City Attorney.
The City Attorney had no comments.
13.C. City Commission.
13.C.1. Mr. Ellinqsworth asked if it had been clarified as to
whether or not the voting delegate to the Florida League of
Cities annual conference needs to be an elected official? The
City Manager responded that staff had checked with the League and
the voting delegate does not have to be an elected official.
13.C.2. Mr. Randolph had no comments.
13.C.3. Mr. Schmidt reported he had just gotten back from the
International Sister Cities Convention. Delray Beach sponsored a
couple of students this year, one from Carver Middle School and
one from Atlantic High School. He felt it was a great experience
for them in that they got to meet kids from all over the world.
Our young man ran for Vice President of the International Youth
organization. He didn't win this time around but the national
board was very impressed with him and they are encouraging him to
run again next year. Mr. Schmidt noted that the convention next
year is going to be held in Miami and he has already spoken to a
representative from the Secretary of State's office and the Dade
County delegation about trying to have something in Delray Beach
while the convention is going on.
Mr. Schmidt continued that while at ~he convention, he
had the opportunity to visit the U.S.S. Kitt~awk. A friend of
Bob Barcinski's took over command of the shi~ and they attended
-16- 8~05~97
the ceremony. He stated that it is a little city unto itself
(5,200 people) and so the commanding officer asked us to pass
along to Mayor Alperin a baseball cap from the Kittyhawk.
13.C.4. Mr. Egan had no comments.
13.C.5. Mayor Alperin, responding to Mr. DeFoe's comments,
stated he had been asked to endorse Students First but chose not
to because he does not believe in everything they propose. He
cautioned that when one uses the word 'concurrency', it is very
important to know exactly what it means. It has a very broad
definition and one should be very sure of what it means before
putting your name behind it.
Mayor Alperin continued that the new legislation
regulating new school construction and rehabilitation has some
good elements in it, but overall is a terrible piece of legisla-
tion. He is very much against it and supports it being changed,
~,but wants it changed to the right thing. He concurred with the
~comment that the Education Board should be looking at this issue
.?i\~~to develop a recommendation to the City Commission.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:45 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the
minutes of the August 5, 1997, regular meeting of the City
Commission, which minutes were formally approved and adopted by
the City Commission on
City Clerk
NOTE TO READER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
-17- 8/05/97
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MINUTES OF THE CITY COMMISSION/CHAMBER OF COMMERCE
WORSKSHOP MEETING HELD IN THE LIBRARY PROGRAM ROOM,
BOYNTON BEACH, FLORIDA, ON MONDAY, AUGUST 4, 1997, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor Kerry Willis, City Manager
Jamie Titcomb, Vice Mayor James Cherof, City Attorney
Matthew Bradley, Commissioner Sue Kruse, City Clerk
Shirley Jaskiewicz, Commissioner
Henderson Tillman, Commissioner
Cha~mbgr 9f Comber,c#
Kathy Shabotynskyj Micheline Many
Mike Bottcher Stormet Norem
Virginia Farace Art Rowe
Larry Finkelstein Marilyn Rudme
Ginny Foot Robert B. Taylor, Jr.
Jack Frew Lee Wische
Eleanor Krusell
CALL TO ORDER
Mayor Taylor called the meeting to order at 7:07 p.m. and welcomed School
Board Member Paulette Burdick. To accommodate Ms. Burdick, Item I.d was
moved up on the agenda.
I. UPDATE STATUS
d. Boynton Beach High School - discuss conatruction and
design
Ms. Burdick advised that she just returned from a tri-county legislative delegation
meeting at Nova University. The topic on the agenda was House Bill 2121. She
brought an overview of the discussion and left a copy with the City Clerk for
review.
Mr, Burdick explained the ramifications of House Bill 2121. There are 16,000
extra student stations that are not currently occupied. According to House Bill
2121, we do not need to build any new schools in Palm Beach County until those
extra 16,000 student stations are occupied. We will no longer have any art or
music rooms at the elementary levels. We are about to embark on a program of
school nurses in every school in Palm Beach County with the help of the
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Quantum Foundation and the Health Care District. In our new schools, there will
be no health room for these nurses to be located. Ms. Burdick stated that we
need quality nursing care facilities in our schools to meet the needs of our
children.
At this time. Commissioner Bradley arrived.
House Bill 2121 will dictate not only the size of the classrooms, which will impact
the type of programs that we can deliver, but it will also base a state-wide cost for
schools. It will dictate how much we can spend on schools and if we go over 10
percent of that amount, it needs to come out of the operating budget from which
teachers are hired.
In this year's capital budget are design fees for the new Boynton Beach High
School. However, according to House Bill 2121, we do not need any high
schools, middle schools, or elementary schools in Palm Beach County. Ms.
Burdick asked for everyone's support by contacting the legislators in Palm Beach
County. She advised that Rep. William Andrews is the author of House Bill 2121.
She asked everyone to contact him and ask him to make some modifications.
Also, a special session might not be called this fall and Ms. Burdick encouraged
everyone to call the legislators to make sure there is a legislative special session
this fall to deal with the needs of schools and funding of schools.
She advised that the schools are funded from Tallahassee out of PECO funds.
There are numbers indicating that PECO will remain the same or go up slightly.
Ms. Burdick pointed out that in 1995, Palm Beach County received $26 million in
PECO funds. This year, we received $14 million it is projected that we will
receive $9 million next year. Over the years, PECO has been drying up, It is
basically a utility tax.
This year, our CTBS scores are above the national average and our SAT scores
are above the State average. We have 34 magnets and academies in Palm
Beach County to meet the diverse needs of our students. It allows many of our
students to graduate with some high school credit. We have a tech prep initiative
program in all our high schools, Our vocational schools have done exceeding
well this year. We are a national model for conflict resolution. We currently have
three alternative high schools and 11 satellite facilities for children who are not
successful in our traditional settings. These alternative schools are considered
second chance schools and we are looking for opportunities to expand those
programs to meet the needs of our children who are not successful in our
traditional large schools,
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Commiss[oner Bradley asked if the impact of House Bill 2121 would influence the
push for the penny sales tax. Ms. Burdick advised that we have a seven-year
capital program for schools. House Bill 2121 is currently being interpreted,
According to this bill, we will have to reassess everything in our current seven-
year plan. They hope to have those guidelines by October. It took us a year to
develop the seven-year plan. Therefore, it does not look good for next spring
unless the Commissioner of Education waives House Bill 2121 and allows some
districts who have just done a seven year plan to proceed with that seven year
plan., However, the chances of this happening are not very good.
Ms. Burdick explained that we have a seven-year plan in place. However.
anything after July 1, 1997 that was not under contract will have to go by the new
rules and regulations that will be coming out in October. We will not adopt our
budget until the end of September. Therefore, everything in that plan will ne
longer be valid,
Commissioner Bradley inquired about exceptions and variances. He read in the
newspaper that the Superintendent had applied for some schools with regard to
OCR requirements, He asked if there are other exceptions to the rule. if so,
Boynton Beach wants to be in line because we feel we are above and beyond all
exceptions because of the 1986 bond issue. Ms. Burdick said we would consider
asking for many different types of waivers; number one being to allow us to keep
our current seven-year plan as is.
Commissioner Jaskiewlcz inquired about the timeframe for the new Boynton
Beach High School. She said she read that there was quite a bit of loan equity
available to the Board and asked Ms. Burdick if she would consider anything like
that.
Ms. Burdick advised that it would take approximately a year to design the school.
At that time, she believes we will be ready to ask the voters to support an
additional revenue-generating source.' She advised that we have to address
Quantum Park, Lake Shore Middle .School, and increasing the capacity at our
OCR schools. There is a Federal magnet grant that says we must racially
balance the schools that are being funded with the Federal grant. In order to do
that, we have to bring non black children to the schools, Right now those
schools have 20 to 30 portables and are 90 percent blaok. In order to increase
the capacity of those schools, 'we have to build additional classrooms. She will
not support anything that does not keep the .neighborhood children in those
schools as we upgrade them. In addition, the elementary schools are already
over capacity.
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'We have additional COPs capacity. We currently have to pay back $19 million in
COPs every year from the capital budget. She wants to ask the voters to support
a new revenue-generating source to meet the needs of all the children in Palm
Beach County before she considers increasing the COPs issue. She felt it was
important to ask the voters to support all the children, not just two isolated
projects.
Commissioner Bradley advised her that we would definitely support a halfpenny,
penny, or other funding source. However, he said a lot of people in Boynton
Beach feel we are on the wrong side of the line in the sand because of the 1955
and 1986 promise, and people's patience are running thin.
Commissioner Jaskiewicz asked what would happen if a halfpenny or penny
sales tax is not approved. Ms. Burdick hopes that by November of 1998, we
would be ready to ask the voters for a new revenue generated source. If the
voters in Palm Beach County will not support a new generating source of
revenue, she would be committed to looking at the COPs.
Mayor Taylor heard that the design money has been taken out of the budget.
Ms. Burdick advised that Quantum High school is on the list to relieve the
tremendous overcrowding at the other high schools.
Mayor Taylor understands the need for other schools; however, he felt we have
been waiting a lot longer for a high school. He asked where on the list Boynton
Beach would be if there was money for another high school. Ms. Burdick stated
that it is the next high school to be built.
Commissioner Titcomb stated that Rep. Andrews recently held a press
conference on House Bill 2121 and he heard very different things come out of
that press conference than what Ms. Burdick said tonight. He said Rep. Andrews
talked about a plan to build a lot of new schools, smaller schools, and shared
designs.
Ms. Burdick stated that Rep. Andrews has a prototype for a K8 school. In that K8
school there will be a kitchen, but its eating facilities will be very small. There will
be no food preparation facility. That' smaller school concept may suit some
communities. This school will be built on two acres of land and there will be no
playground facilities. It will have to be co-located next to an existing city or
county park if we want our children to have a playground. That particular school
will cost about $2.5 million to construct. However. no one has constructecl that
school to determine if that is in fact the case. Rep. Andrews believes that school
can be built if all of the 500 children who attend that school are currently
transported, and that we would save approximately $176,000 and could bond
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that money out for 30 years to pay for the construction at that elementary school.
Ms. Burdick pointed out that you would have to build some type of central food
service delivery system to transport food to those particular schools. Rep.
Andrews believes we can use some of the savings from the kitchen preparation
staff to fund teachers, Ms. Bun:lick pointed out that it is against the law to hire
teachers from Federal dollars from the food service program.
Rep. Andrews is saying that in order to save money, three or four of the smaller
schools will share a principal, an assistant principal, a guidance counselor, and
custodians. He recognizes that this may be a problem and intends to ask the
legislature to address the operating funds to meet these needs.
Ms. Shabotynskyj did not know how this bill was passed. She said she did not
read about it in the newspapers or hear about it from our lobbyists. She felt we
should look at how something that has such a strong impact on our lives in Palm
Beach County was completely overlooked.
Ms. Burdick advised that this bill went through in the eleventh hour the day
before the legislative adjourned.
Ms. Shabotynskyj asked if a 1,200 or a 2,500 student capacity school would be
designed. Ms. Burdick stated that we would be asking for a waiver to do a 2,500
capacity school. Rep. Andrews proposes to build 1,2.00 capacity high schools
and tibet these schools share gymnasiums and all the extra facilities that a
regular traditional high school would have. Ms. Burdtck felt this would create an
equity problem when you have schools that may be five miles part. We would
have to bus students. We would have schools with separate teams, and they
would have to share one football field.
Todd Kotas, Director of Economic Development, pointed out that the land would
be donated by the cities. Ms. Burdick expounded upon this. She said the cities
and the County would donate the land, build the roads, and provide the entire
infrastructure.
Ms. Shabotynskyj pointed out that it has been 11 years since Boynton Beach first
thought that they were going to get a new high school, and we have seen middle
and high schools built since then. She asked if elementary and middle schools
have a higher priority and ere going to be built before the Boynton Beach High
School. Ms. Burdick advised that they have a higher priority; however, the high
schools are very overcrowded and design money is in the budget for them.
Ms. Shabotynskyj asked if we woul¢l get construction money in next year*s
budget Without bond issues. Ms. Burdick stated that there is not enough money.
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Ms. Shabotynskyj asked how much a high school wilt cost under House Bill 21;~1.
Ms. Burdick did not know.
Ms. Shabotynskyj asked what more the City could do to get a high school. She
asked if the School Board would be interested in giving us the land in Quantum
Park and allow us to raise the money through city bond issues and privately
through foundations and other sources. She also asked if we put a charter
school in Quantum Park,' Ms. Burdick felt we all need to work together to make
some changes on House Bill 2121 and get a new revenue generating source to
build the school. She pointed out that Lake Shore Middle School was a promise
long before 1986. The School of Choice in Pahokee Is an embarrassment to the
Palm Beach County School ,System. Westgate Elementary School was
considered the worst school in the OCR study. Even though that school is 198
percent over capacity, this year the County Commission decided to build a Iow-
income 150 unit housing complex down the street from it. We all need to work
together to meet the needs of all our children. Quantum Park is at the top of our
list. It was a struggle to put the dollars in the budget for design of the Quantum
Park School, the OCR schools, and Lake Shore because of the tremendous
needs throughout the County. There is very little construction and next year it is
going to be even less because the money is just not there to build schools.
It was Ms. Farace's understanding that House Bill 2121 also changes the number
of square footage per child. Instead of 120 square feet per child, it will be 80
square feet per child. She asked if we would have to use the smaller square
footage per student if we received a wavier to build for 2,500 students. Ms.
Burdick said we would also ask for the 120 square feet per child in the waiver.
The board believes that the programs offered in the schools should dictate the
size of the classrooms.
Ms, Burdick stressed that everybody in Palm Beach County needs to talk to our
legislators. A lot of the members of our delegation supported House Bill 2121, A
lot of them will say they did not realize the full impacts that were involved in this
bill. Right now, Tallahassee is clarifying the language and now is the time for us
to be proactive in the fall special session. If we do not get whet we need now,
then we alt need to be at the next legislative session to make sure they make
some corrections.
Mr. Bottcher asked if the school is going to be designed within a year and if we
should be involved in the process. Ms. Burdick answered affirmatively, She said
we will wait for Commissioner .Brogan to approve any possible waivers and then
the School Board can decide whether to comply with the law or construct schools
the way we believe .the residents of Palm Beach County want us to design and
6
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construct schools, She did not believe it is a just law or that it meets the needs of
the children in Palm Beach County.
Commissioner Titcomb asked what percentage of the total funds for school
construction is affected by House Bill 2121 and how much is at stake if the
School Board does not follow the guidelines. Ms. Burdick stated that they will
come out with all the specifications and hopefully we will make some of those
very important changes,
Ms. Shabotynskyj asked if Commissioner Brogan is in support of House Bill
2121. Ms. Burdick stated that he is making some conciliatory statements;
however, they are not enough. She stated that the number one academically
performing high school in the State of Flodda is the Palm Beach County School
of the Arts, You cannot have that quality of artists at the high school level unless
you grow them at the elementary level. Palm Beach County has been committed
to having cultural arts in the schools. We think it is very important because when
you look at the data with children who have art and music, academically, they
outperform the children who do not have that.
Ms. Shabotynskyj invited Ms. Burdick to the Chamber of Commerce's New
Teacher Welcome Breakfast On October 31't at 7:30 a,m.
Mayor Taylor thanked Ms. Burdtck for attending this meeting.
I. UPDATE STA'TUS
a. Maetar Plan ... Duncan & Aasoclatee
Henry Iler stated that we are in the second month with the Redevelopment
Implementation Program for the 20/20 Vision. A lot of our focus is on the area
east of 1-95 and commercial corridors (Boynton Beach Boulevard, Ocean
Avenue, U.S.1 and MLK) as far as design plans for the future. We have been
collecting data from City staff and people in the community. We have been
talking to stakeholders and the City Commission. We attended the Chamber
Committee meeting last week and received a lot of input, good ideas, and a
feeling for what some of the membem of that subcommittee would like to see out
of this project. We have also been working with City staff and some of the
neighborhood programs that are in place and trying to identify neighborhoods in
a map format. We will be setting the dates for two neighborhood meetings soon.
One will be in the area north of Boynton ,Beach Boulevard up to the City limits,
and the other will be in the south area. Some of our urban design plans are
coming up shortly. We scheduled our scope of work so that we would have
major products coming out every so often·
7
.~l;.I April 1, 1997
Executive POSITION STATEMENT
Board ~[ember$ ON INTERLOCAL AGREEMENT
~d~, ^d~s CONCERNING SCHOOL CONCURRENCY
Mark Beha~
'~ Scott Blake, Co-Char
~. i ~ fl~agmar Bra~s
'~'rn'"fJ~m~~e~ The members of Students First/ are committed to achieving a significant
Nancy Carney
w~ter Cmm~ increase in the quality of education for all children in Palm Beach County through
Connie D'Anticio
[red ~ich a higher level of priority on the construction and renovation of schools_____~eoncu~.~._~ent
Dave Florance
~¢~c.q~on wi~'-th~developmen We believe it is imperative that the
~r'Naacy Graham
--"~s~ pace-o-f~rowth throughout Palm Beach County, both in the cities and in the unin-
$on - v~c~vnar corporated areas, must keep step with the availability of the schools we need to
Eric Jablin educate our children.
~ Paul Kaufraan
JoAnn Landon TO achieve our objective, we look forward to working with the Palm Beach
Mort Levm
;~QKaren Marcus County Commissioners, School Board members, and municipal officials to draft,
Gilbert Moore
Katherine Murray adopt, and implemefit the necessary interlocal agreement, Charter provisions, or-
Harold Osu-ow
Chartie o'~i.Ua dinances, comprehensive plan amendments, and referendum, which should each
Start Pierce
s~n po~er satisfy the following criteria:
Ann Reynolds
Ed Rice 1._Z.' Adoption and implementation of an overall plan for concurrencv
Judy Rice
Steve Simmons between school construction and general development must proceed and be ac-
Pam south complished regardless of the availability of any single source of funds for con-
Sally Stewart
Marie Tanabe. Co-Chair struction.
Elaine Usherson
';,Arlene Weiner 2. A school construction concurrency requirement should be adopted
x:Danny Weiner
Mmon w~Uams immediately and fully implemented as a precondition for general development
within 5 years of passage of the Charter amendment, with the capacity, of schools
(or "level of service") subject to available funding and the immediate implemen-
tation of a development review process.
3. Concurrency must remain a precondition upon general develop-
ment for a period of not less than I0 years from adoption of a County concurrency
ordinance before being subject to "sunset review" and may then be eliminated
only upon agreement by a "supermajority" of the Board of County Commission-
ers, School Board, and the municipal councils of one-half of the County's munici-
palities.
Students First/ Position Statement on Interlocal 2
Ageement Concerning School Concurrency
4. If a detailed interlocal agreement is to be used to express
flue tentative consensus among flue County, School District, and munici-
palities on school concurrency matters, fluen it should include flue actual
text of the Charter provisions, ordinances, comprehensive plan amend-
ments, and referendum which will be needed to implement such a de-
tailed agreement.
5. Funding of school construction and renovation, being so
desperately needed and fundamental to the success of any school con-
struction concurrency requirement, must not be suspended or inter-
rupted, except as provided by State law.
6. Mediation of any disputes among the County, School
District, and municipalities over the interpretation or application of
school construction con, currency requirements should be by an indepen-
dent certified mediator who has a background of competence in growth
management, construction, and public financing, and has the authority to
recommend solutions.
7. Measures to ensure public accountability for the allocation
and expenditure of school construction funds must be emphasized,
including full compliance by all participating governments, organiza-
tions, and individuals with State statutes concerning public meetings "in
flue sunshine" and public records open to all.
By working together and using the: stated criteria to guide our
efforts, we believe that the establishment of concurency between school
capacity and general development is an imminently attainable goal.
Indeed, for the members of Students First/, it is a goal which we must
reach soon, for the sake of our children's education.
Respectfully Submitted,
Scott A. Blake, Co-Chair
Students First/
::Hypocrisy. on schools...
, lature is telling school districts, The Legislature passed a bill
~. transfer construction money to
pay for operating expenses. That's why that would penalize districts
~ :.:you don't have enough to build schools, for doing what the
:" How hypocritical-- since the Legis- Legislature told them to do.
fi'lature authorized the transfers.
'"' In the 1980s, after the Legislature
-::"killed a services tax that would have So if the district stopped- or was
-"'provided more money to operate told to stop -- the practice today, it
schools, lawmakers allowed school dis- would immediately face a $43 million
..: 'tricts to shift money from the capital gap in next year's operating budget, not
- budget, used mostly for construction, to the '$5 million to $10 million surplus
maintenance, an operating expense, school officials were cautiously project-
Buzzword won't build schools :""Rather than give money, lawmakers ing. Since the operating budget is 85
;'- gave permission for financial misman- percent salaries, closing that gap would
~-, agement. In 1992, as the Legislature surely mean layoffs, larger classes and
"Concurrency" as a ~: 'was cutting school money because of a no raises.
buzzword? County Com- --:.' budget shortage, lawmakers authorized
missioner Burt Aaronson Rather than provide money the
said Thursday people can ':' a one-time shift of money from capital toschools need, the Legislature offers up
clap for the word, which :*"non-salary expenses. HB 2121. The bill declares that by 2004,
would mean that residential Ideally, that practice would have capital money will be used only as
growth can't be approved 7:'stopped as the economy improved. But intended and sets 15 percent annual
near schools that are too '~ * during the past decade, using the lot- cuts in the amount of transfers allowed
crowded, but that won't ~:: tery as a justification, the Legislature starting next year. The bill does provide
build schools for kids. "Con- ':" 'has been cutting the percentage of the $50 million in statewide construction
currency is a buzzword," he asserted after part '"" general revenue budget for education money. That might build two elemen-
of a 140-member crowd applauded the idea. But ~' ~from about 65 percent to less than 50 tary schools in Palm Beach County.
only money from a 1-cent sales tax increase can f '. percent. So an emergency solution be- Having given districts the noose by
build all the schools necessary, Aaronson said ~?.came a way of life. which many now dangle, the state
at the West Boca Community Council meeting. As a result, the Palm Beach County shouldn't offer another non-solution.
As the school board has requested, Aa.ronson .... School District's $1.4 billion budget for HB 2~21 also declares a moratorium on
said he would be willing to ask fellow commis- 1996-97 includes $767.4 million in oper- growth restrictions designed to end
sioners to approve the tax increase now that ating money -- and that includes crowding, and declares portables 75
the state legislature has placed a one-year · $42,118,976 in transfers from the capi- percent of permanent classrooms. In-
moratorium on growth restrictions. (Voters *' tal side for maintenance of schools and stead of letting legislators wag their
also would have to approve the tax before it equipment. Last year's shift was even fingers at needy children, Gov. Chiles
could'be collected.) But County Commissioner higher: $45,610,586. should veto this wretched bill.
Karen Marcus and school board member Jody
Gleason believe that a 1-cent sales tax increase
would be meaningless without growth restric- and a lousy gamble
tions. "If in 1986 we did school concurrency, ® ® ·
we wouldn't be sitting here today," Gleason
said. The West Boca Community Council will ~
decide its position on growth restrictions at its ii, iNel taxes? N° dice' M°re gain- there's no choice but to risk the lunch
next board meeting in June. bling? You bet. money, too.
~.,- How's that for an education Except state leaders are supposed
· ,.policy? This summer, a Florida task to know better -- and do better. Chil-
g:fi force will get together to figure out howdren are important. Education is impor-
~3..to pay for $3 billion in needed school tant. Pay for them with steady, clean
5a.'.construction. One option is keno, a money. But it's hard to kick the addic-
.~.~. numbers game played electronically tion to easy outs and sleazy outs. If
,.;. and considered very addictive, keno doesn't work, maybe they'll try
Gov. Chiles and top legislators say some other fine Florida traditions, like
-~,,'they have some moral concerns, but bogus roofing schemes or tipping off
;:'.;:nothing is off the table. Senate Majority convenience stores.
Leader Locke Burr, R-Ormond Beach, Florida voters keep rejecting casi-
~-~ says the possibility of $1 billion in kenonos, but weak-willed politicians keep
revenue ~s too good to pass up. crawling back to gambling. Remember
: That kind of thinking -- "This time when teachers and principals were the
we could hit the jackpot!" ~ is exactly authority figures in education? At this
-.'~ what gets gamblers and politicians into rate, the big decisions soon will be made
trouble. After the rent money is blown, by the pit boss.
TO: DAVID T. HARDEN, CITY MANAGER
SUBJECT: AMENDMENTS TO LDR SECTION 4.4.19, MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT
The item before the Commission is approval of amendments to those sections of the MIC
zoning district regulations dealing with permitted and conditional uses. The amendments
resulted from several discussions among the City Commission, the Planning and Zoning Board,
and members of the public regarding the potential impacts of the some of the listed uses. A
brief summary of the proposed amendments is as follows:
The current regulations limit office uses to 25% of total floor area. The amendment would
delete that limitation altogether, and broaden the types of office uses allowed.
· The amendment creates two classes of conditional uses: those that are permitted
throughout the district; and those that can only be established on properties that do not front
on an arterial road (i.e. Congress Ave., Linton Blvd., Atlantic Ave.). The intent of this is to
relegate those uses that tend to have a significant outside storage component to less visible
locations.
· Automobile and boat repair are changed from permitted to conditional uses.
· Resource recovery facilities such as recycling stations, transfer stations, etc., will no longer
be permitted in the district.
A more detailed explanation of the changes is provided in the attached staff report.
i
I
The P & Z Board held a public hearing on this amendment on July 21, 1997. Nine members of
the public spoke regarding the changes, most of whom are owners of MIC zoned properties.
Except for one person who is in the process of selling her property, all were supportive of the
changes. The Board unanimously recommended approval of the amendments subject to one
modification which related to towing services. The suggested change has been incorporated
into the proposed ordinance.
By motion, approve the ordinance amending the MIC zoning distdct regulations as attached.
Attachments:
· Location Map
· P&ZBoardStaffReport ~,~Z2, :~,.~c-C/7 F.,~I/_~.D 7'-c
· Proposed Ordinance (by others) 1~ 7- ~..~_~Z)tK)~'v o°/lC//C~ '7
/'~077cn 7'"0 z)Ez'~c/, P/~55,~D 5'-0
l o . /rt.
~ULF Sll~EAM BLVD.
CITY OF DELRAY BEACH, FLORIDA
L-30 CANAL
i
...I
LAKE IDA ROAD
N,W. 2ND
Fl AVENU S.W. 2ND
~ LOWSON BOULEVARD S.W. 10TH
LINTON BOULEVARD
i BOULEVARD
~ i
L-38 CANAL C-15 CANAL
CITY LIMITS
~,.~ llC ZONING DISTRICTS
PLANNING DEPARTMENT
-- OlGITA~ ~A~E I~4P $~JEM --
MAP REF: LMA42
MEETING OF: July 21, 1997
AGENDA ITEM: V.A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.19, MIXED INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT
I
The item before the Board is that of recommending amendments to Land Development
Regulations (LDR) Section 4.4.19, Mixed Industrial and Commercial (MIC) District.
In recent years, the MIC zoning district has been the subject of many discussions at
both the Planning and Zoning Board and City Commission level. The discussions have
dealt with the types and intensity of uses allowed, as well as the poor condition of
several of the developments within the district. Most of the concerns have centered
around the uses along the Congress Avenue corridor. The following is a brief
chronology of the major actions considered and/or taken on this issue in the past
several years:
June 1994 Both the P & Z Board and the City Commission rejected a proposal
to rezone several parcels along Congress Avenue from MIC to LI,
and opted instead to consider changes to the development
standards of the MIC district.
October 1994 The district regulations were amended to require that all uses be
conducted completely within an enclosed building, except for
approved outside storage which must be screened from view.
November 1995 The district regulations were amended to add "Interior Design and
Furnishings" as a permitted use.
In 1996, the Palm Beach County Solid Waste Authority submitted a conditional use
application to establish a regional recycling transfer station on an MIC-zoned site on
Congress Avenue. Many people, including members of the Planning and Zoning Board
and the City Commission, were surprised that such an intense use could be established
along the Congress corridor. The conditional use application was denied in June of
1996, however, in a subsequent meeting the Commission directed staff to again review
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 2
the allowable uses in the MIC district, particularly as they related to the intensity of uses
in the Congress Avenue corridor.
At its meeting of February 24, 1997, the Planning and Zoning Board formally initiated
amendments to the MIC district regulations. The initiation action directed that the
proposed modifications allow for uses that would create opportunities for a broad mix of
businesses to operate in a clean and controlled environment, benefiting from the
synergy of a well mixed business climate. In addition, modifications should seek to
eliminate or severely restrict uses which would detract from these opportunities.
Analysis of Current Development
The MIC District contains a total of 197 acres (map attached). The bulk of this land is
located along the Congress Avenue corridor, although it is applied also to areas along
Wallace Drive, S.W. 10th Street, and Linton Boulevard.
Along Wallace Drive, the MIC District lies on the west side of the road, in a
redevelopment area. In this area is a mix of transitional uses, including contractors,
auto repair and residential. Surrounding zoning districts are Industrial (I) and Light
Industrial (LI) to the west and northwest, Automotive Commercial (AC) to the south, and
Residential to the east and northeast.
A small area of MIC zoning (Security Self Storage) exists on the north side of Linton
Boulevard at S.W. 4th Avenue, neady surrounded by Industrial zoning.
The largest area of MIC zoning, and the most visible, lies along Congress Avenue.
Even in this area, MIC accounts for only about 30% of the Congress Avenue frontage.
The balance is in Planned Commerce Center (PCC), Community Facilities (CF),
Planned Commercial (PC), Planned Office Center (POC), and Residential Districts,
along with small areas of General Commercial (GC) at the major intersections.
Along Congress Avenue, the MIC District abuts 1-95 and the railroad to the east, and a
combination of residential and office uses to the west. It is a highly visible zone in the
heart of the City, along a major north-south corridor. Much of the traffic along the
corridor is residential, accessing homes to the west. At the same time, the District has
good access to 1-95 for truck traffic along Congress Avenue, and access to railroad
sidings. Nearby residential character and high visibility indicate the need for caution in
the intensity of development allowed. Road and rail access, and the need for jobs
indicate the need to encourage commerce-type development. Its central location
means that uses in the MIC District will impact much of the City's population on a daily
basis.
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 3
Major business types and uses represented in the district, expressed as an
approximate percent of the total acreage, include:
Type of Use Acres Percent
Vacant Land 42.0 22.0
Merchant - Wholesale 24.0 13.0
Contractor 18.2 10.0
Merchant - Retail 16.8 9.0
Storage 15.4 8.0
Auto Repair & Related Uses 11.9 6.0
Vacant Building 11.8 6.0
Manufacturing 10.2 5.5
Concrete Plant 9.9 5.5
Office 9.0 5.0
Miscellaneous 9.0 5.0
Residential 5.0 3.0
Junk Shop or Dealer 2.1 1.0
Cabinetry 0.9 0.5
Print Shop/Publishing 0.9 0.5
Total 187.1 100.0
The business types above were those shown on the occupational license records as of
March 1997. This creates some skewing of the acreage results, but the relative
proportions are useable. For example, Passeri Marble, on 0.59 acres, has three
licenses (retail merchant, wholesale merchant, and contractor). The table above
distributes the acreage equally among the three business types.
The individual businesses and groups also influence the character of the district.
Levenger's and ABC Carpet are prominent large uses, and are reflective of some of the
higher quality MIC development that has occurred in recent years along Congress'
Avenue. Much of the remaining uses fronting Congress and Atlantic Avenues are
either auto repair shops or home improvement suppliers, such as tile, wood and mica,
and silk plants. Less visible from major roads are industrial uses such as trucking and
equipment, lumber yards, and roofing contractors.
While the list of existing uses is fairly broad, and exhibits many of the uses allowed in
the district, there are some patterns inferable that may counter the philosophy of the
district. These anomalies may be counter-productive to the intended goal of the district
- the creation of quality employment opportunities.
The distdct is over 27% vacant. There are approximately 42 acres (22%) of vacant
land, and 11.8 acres (6.0°./0) of land with vacant buildings. Auto repair, paint and body,
towing, and closely associated uses constitute approximately 6.0% of the total area
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 4
zoned MIC. While these uses are necessary, they are relatively Iow generators of jobs.
In addition, these uses are often unsightly neighbors for businesses seeking new or
expanded locations, and may simply draw other like uses to the area. Finally, they
have relatively little interaction with surrounding uses. Junk shops or dealers (a non-
conforming use) make up about 1.1% of the district. This use is generally unsightly,
· - and can be detrimental to attracting other, higher quality uses.
There is a lack of synergy within the district. Sufficient suppliers are not found in
proximity with the contractors who use the materials. Noted exceptions are the
concrete plants and tile businesses located in the area with construction companies.
Services which would support small businesses, including equipment rental, hardware,
lumber yards, and business services are under-represented.
As noted with previous discussions on the subject, many of the MIC issues that have
been raised concern the appearance and intensity of uses along Congress Avenue,
especially the section of Congress between Lake Ida Road and Atlantic Avenue. Much
of the development south of Atlantic is in industrial parks, office buildings, and
warehouse/storage complexes. For the most part, the developments are well
landscaped and maintained. In order to encourage development that is of a similar or
better quality in other highly visible MIC-zoned areas, it is appropriate to exert additional
controls on the types of uses that will be permitted.
Recent Board Discussion
The MIC district was discussed with the Board at its workshop meeting of May 19,
1997. Staff presented an overview of the character of the uses in the district, and-
received feedback from the Board on several areas, including: modification of the caps
for office and retail; uses which might be prohibited; and uses which might be added.
The Board's general consensus was that the Distdct regulations should be modified to
achieve two goals:
· Incorporate flexibility to allow more office uses in the district.
· Restrict some of the more intense uses which would detract from the character of
the district.
The proposed amendments would result in the following changes in categories of uses:
Permitted Uses:
Business and professional offices are retained as permitted uses, but the 25% cap on
their proportion of floor area has been deleted. These uses are also combined into one
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 5
category. Medical offices are not included, since the character of their customer base
and operations differ markedly from the intent of the MIC District.
Automobile and boat repair uses are being transferred from the category of permitted
uses to that of conditional uses. This will allow an opportunity to exert greater control
over their potential impact on the area. An example of this impact would be the location
of parking and storage areas relative to Congress Avenue. Additionally, there is
concern that buildings which are constructed initially for warehouse uses, with a Iow
rate of required parking, convert to auto repair uses over time, with no review process
to insure that there is adequate parking to accommodate the demand.
Conditional Uses:
The proposed changes create two categories of conditional uses: those that are
permitted throughout the district, and those that are permitted only on properties that do
not have frontage on an arterial roadway. Arterial roadways with MIC zoning include
Congress Avenue, Atlantic Avenue, and Linton Boulevard. The uses that are being
restricted from those areas are those that, because of their extensive outside storage
requirements, are inconsistent with the desired appearance and character of
development along these major visible roadways. These uses include garages and lots
for the storage of vehicles; storage and rental of light construction equipment;
monument/ornamental stone cutting that has an outside storage component; and the
rental or sale of modular buildings. In addition, adult entertainment establishments are
being restricted from these locations because, while they are to be accommodated
within the City, they are inconsistent with efforts to promote higher quality development
and a industrial/office oriented employment base along the MIC corridor. Lumberyards
were considered for inclusion in the category that would not be permitted on an artedal
roadway. However, as lumberyards store the bulk of their materials indoors and
generally include a retail sales operation, it was determined that they should not be
further restricted as to their location.
Resource recovery facilities and towing services are deleted from the list of allowable~
conditional uses due to their overall negative impact on the District. These impacts
include noise, odor, heavy truck traffic, and visual impacts related to the outside storage
of such "inventory" as wrecked cars and aluminum cans. However, a specific category
of material and component recovery operation, which is similar to fabrication, is being
added.
Creation of Nonconformina Uses
The proposed amendments would cause only a few existing businesses to become
nonconforming. There are two towing companies that would become nonconforming,
and one stone cutting business on Congress Avenue that has outside storage and
would become nonconfofihing as to its location on an arterial road. Approximately 48
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 6
auto repair businesses and one boat repair shop would change from permitted to
conforming conditional uses. As a conditional use, any future expansions or significant
changes to these businesses would have to be processed as a conditional use
modification, possibly requiring a public hearing.
Based on analysis of the current allowable uses in the MIC district, and the direction of
the City Commission to upgrade the character of uses and development within the
district, recommend amendments to LDR Section 4.4.19 Mixed Industrial and
Commercial (MIC) District as attached.
Attachment:
· Proposed Amendments to Section 4.4.19, MIC District
S:\adv\MIC8
FAILED ON lST READING - 8/19/97
ORDINANCE NO. 30-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19,
"MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY AMENDING SUBSECTION 4.4.19(A),
"PURPOSE AND INTENT" TO CLARIFY THE INTENDED GOAL ,
OF THE DISTRICT; AMENDING SUBSECTION 4.4.19(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", AND
SUBSECTION 4.4.19(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", TO MODIFY THE ALLOWABLE USES
WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on July 21, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District", Subsection 4.4.19(A),
"Purpose and Intent", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.4.19 Mixed Industrial and Commercial (MIC) District:
(A) Purpose and Intent: The Mixed Industrial and Commercial
(MIC) District is created in order to provide for a mix of
industrial, commercial, and office use in a single zone district.
The uses allowed are intended to enhance employment opportunities in
the industrial, manufacturinq and trade sectors, with supportinq
business and professional office functions. ~ /~t~ /~ /~f
It ~etail uses are appropriate on a limited
.basis, ~ and only as a secondary use ~ within the district. ~
~l~ /~ /~ /~~t~l /~/ The MIC District is to be
located in areas designated for the primary use - industry and
commerce - as shown on the Future Land Use Map.
FAILED ON lST READING - 8/19/97
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District", Subsection 4.4.19(B),
"Principal Uses and Structures Permitted", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, fabrication
~~ and wholesale of items and other uses as described ~~
~ in Section 4.4.20(B) (1), (2)~ and (3).
(2) Service Industry. Uses which provide an off-site
service but maintain inventory, storaqe and an office at a central
location, as described in Section 4.4.20(B) (5).
(3) Business and Professional Offices, includinq, but not
limited to finance, insurance, real estate, accountinq and
bookkeepinq services, advertisinq services, photoqraphic studios,
architectural and enqineerinq services, computer and data processinq
services, correspondence and vocational schools, credit reportinq and
collection, detective and protective services, leqal services, travel
aqencies, and qeneral offices for an individual, partnership or
corporation.
- 2 - Ord. No. 30-97
FAILED ON lST READING - 8/19/97
(4) Retail trade. Retail uses as a secondary use within
any one building that has as its ~rimar¥ occupant an industrial or
service industry use, but only to the extent that the floor area for
all retail use (either accessory to an industrial use or not) shall
not exceed 25% of the floor area of the total building. Although an
intent of this Zoning District is to allow retailing of items
manufactured, fabricated ~~, or wholesaled on-site, additional
retail uses may be allowed. Such additional uses may include, but
are not limited to:
(a) Apparel and accessory stores
(b) Bakeries
(c) Building materials and garden supplies,
except mobile home dealers
(d) Camera and photographic equipment and supplies
(e) Hobbies, games and toys
(f) Jewelry, gifts, novelties
Luggage and leather goods
(h) Mail order houses
(i) Radio and television sets
(j) Seasonal holiday items (Christmas trees, fruit
baskets, other seasonal items)
(k) Sporting goods, including bicycles
(5) Interior Design and Furnishings: The wholesale,
retail, storage and distribution of home furnishings, floor
coverings, wall coverings, lighting, and other items related to the
finishing and furnishing of interior space.
(6) Other Processes and Activities: The followinq
activities may also be conducted:
(a) Dry cleaninq and launderinq
(b) Emissions testing
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District", Subsection 4.4.19 (D) ,
"Conditional 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:
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses
within the MIC Zone District:
- 3 - Ord. No. 30-97
FAILED ON lST READING - 8/19/97
/~11¢~~ /~ I~¢~ I~¢~ I~ I~~ I~ i~¢~ I¢~
~~11~~1~1~¢~1¢~1~1~~11~1~¢1~¢1~¢~
~¢t~¢~1~~i
~y (a) Kennels, no on-site disposal of carcasses
~ (b) Lumberyards
~Y (c) Monument and ornamental stone cutting, with no
outside storaqe
(d) Material and component recovery for reuse, such
as the disassembly and resale of computer
components, appliances, and electrical
components. This does not include resource
recovery facilities as described and requlated by
Section 4.3.3(Z) .
L~/~I~L
Ce)Automobile paint, body, and repair shops
Boat repair and service
(2) The followinq additional uses are allowed as
conditional uses in the MIC zoninq district. However, such uses may
not be established on properties havinq frontaqe alonq an arterial
roadway:
.(a). Adult entertainment establishments, pursuant to
the provisions of 2.4.5(E)
(b). Garaqes and lots for the parkinq and storaqe of
vehicles, includinq the storaqe of liqht trucks,
up to and includinq two-ton trucks
(c) Storage and rental of liqht construction
equipment not over twenty-four feet C24') lonq,
eiqht feet C8') wide, and ten feet el0') hiqh
- 4 - Ord. No. 30-97
FAILED ON 1ST READING - 8/19/97
(d) Monument and ornamental stone cuttinq with
accessory outside storaqe
(e) Rental and sales of modular buildinqs
(f) Towinq services, with no outside storaqe
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 5 - Ord. No. 30-97
FAILED ON lST READING - 8/19/97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~'~t
SUBJECT: AGENDA ITEM ~/O.~ - REGULAR MEETING OF AUGUST 19, 1997
ORDINANCE NO. 31-97 (LDR AMENDMENTS RE RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES)
DATE: AUGUST 15, 1997
This is first reading and the first public hearing for Ordinance
No. 31-97 which amends LDR Section 4.4.20, "Industrial (I)
District", by deleting resource recovery facilities as an
allowable use, amends Section 4.4.21, "Community Facilities (CF)
District", by adding resource recovery facilities as an allowable
use, and amends Section 4.3.3(Z), "Resource Recovery or Waste
Management Facilities", to provide that such uses shall only be
allowed upon land that is zoned Community Facilities District with
an underlying Future Land Use Map designation of Community
Facilities.
In 1996, the Palm Beach County Solid Waste Authority submitted a
conditional use application to establish a regional recycling
transfer station on a Mixed Industrial and Commercial (MIC)-zoned
site on Congress Avenue. Many people, including members of the
Planning and Zoning Board and the City Commission, were surprised
that such an intense use could be established as a conditional use
in this area of the City.
The conditional use application was denied in June of 1996, and in
a subsequent meeting the Commission directed staff to again review
the allowable uses in the MIC district. One of the main
objectives of the review was to determine whether or not resource
recovery should continue to be permitted in the MIC district and,
if not, to determine in which districts it would be appropriate.
The attached staff report provides an analysis of the changes
proposed for the MIC district as well as changes proposed for the
potential siting of resource recovery facilities.
The Planning and Zoning Board considered the amendments at a
public hearing on July 21, 1997, and voted unanimously to
recommend approval.
Recommend approval of Ordinance No. 31-97 on first reading. If
passed, a second public hearing will be scheduled for September 9,
1997.
ref: agmemolO
FROM: DIANE DOMINGUEZ, P& Z DIRECTO ~'J~.'~ ~
~j ~'
su~c~: ^M~.~,~.~s ~o ~. S~C~O.S ~.~.~0~, ~.~us~.~ ~
~s~.~c~ <co.~mo.~ us~s ~.~ s~.uc~u.~s
PERMITTED); SECTION 4.4.21(D), COMMUNI~ FACILITIES
~c~ ~s~.~c~ (co.omo.~c uses ~.D S~.UC~UR~S
OR W~S~E M~.~EME.~ .~C~U~ES.
The item before the Commission is approval of amendments to the zoning district
regulations regarding permitted and conditional uses in the Industrial (I) and the
Community Facilities (CF) Zoning Districts; as well as the section of the LDRs which
provides specific requirements for Resource Recovery or Waste Management Facilities.
These amendments came about following the denial by the City of the Solid Waste
Authority's proposed resource recycling facility on Congress Avenue.
I
Section 4.3.3 (Z) of the Land Development Regulations provides standards and
regulations for resource recovery and waste management facilities, which include:
landfills, transfer stations, mulching/composting sites, recycling facilities, biohazardous
waste treatment facilities, and any facility that stores, processes, treats, incinerates or
disposes of solid waste. Under the current zoning district regulations, resource
recovery facilities are permitted as a conditional use in the MIC and I (Industrial)
districts, and refuse transfer stations are permitted as a conditional use in CF
(Community Facilities). An amendment is being proposed to the MIC district that would
delete resource recovery as an allowable use. However, it is also appropriate to
consider restricting the use from the Industrial district as well, for the following reasons.
Delray Beach is located in the center of south Palm Beach County, and is therefore a
prime location for the establishment of regional service facilities, both public and semi-
public. There are already numerous such facilities in the City, including but not limited
to the solid waste transfer station, the Palm Tran staging and maintenance facility, Palm
Beach County administrative offices and courthouse, a regional wastewater treatment
facility, and mental health and substance abuse centers. The potential impacts of a
regional resource recovery facility include noise, odor, heavy truck traffic, and visual
impacts related to the outside storage of inventory and materials. As a conditional use
in either the MIC or Industrial zoning districts, the City has limited ability to restrict or
deny the establishment of such a facility.
City Commission Documentation
LDR Amendments re: Solid Waste Facilities
Page 2
A more appropriate zoning district for this use is Community Facilities (CF), in the
category of Special Services and Facilities. CF zoning is applied primarily to public
facilities and churches. It is only applied where such uses already exist, or are
proposed to be established. In other words, unlike the I and MIC districts, the City does
not have acres of vacant CF zoned land available for development.
The proposed amendment adds the use as a conditional use in the CF zoning district.
It also changes the language under Section 4.3.3(Z), Resource Recovery or Waste
Management Facilities, to state that such uses are only permitted on land which has
both a CF zoning and Future Land Use Map designation. Therefore, if a regional
resource recovery facility were to be established in the City, it would require first a
FLUM amendment, then a rezoning, and then a conditional use application would have
to be processed. These processes require more stringent findings of approval than
simply a conditional use alone, and will provide for a more thorough review of any such
proposal. It should also be noted that language is being added to the Future Land Use
Element of the Comprehensive Plan which will state that any application for the
establishment of regional public facilities must be accompanied by specific data which
demonstrates that any negative impacts (including the loss of property tax revenue) will
be mitigated to the satisfaction of the City, or the use will be denied.
The P & Z Board held a public hearing on the amendments on July 21, 1997. No one
from the public spoke regarding the changes. The Board voted unanimously to
recommend approval.
Approve the ordinance amending LDR Sections 4.4.20(D), Industrial (I) District
(Conditional Uses and Structures Permitted); 4.4.21(D) Community Facilities (CF)
District (Conditional Uses and Structures Permitted), and 4.3.3(Z) Resource Recovery
or Waste Management Facilities (Locations), as attached.
Attachment:
· Proposed Ordinance
DRAF'I'
ORDINANCE NO. 31-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.20,
"INDUSTRIAL (I) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELR3%Y BEACH, BY
AMENDING SUBSECTION 4.4.20(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY DELETING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY ADDING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", SUBSECTION 4.3.3(Z), "RESOURCE RECOVERY OR
WASTE MANAGEMENT FACILITIES", TO PROVIDE THAT SUCH
USES SHALL ONLY BE ALLOWED UPON LAND THAT IS ZONED
COMMUNITY FACILITIES DISTRICT WITH AN UNDERLYING
FUTURE LAND USE MAP DESIGNATION OF COMMUNITY
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 proposed text amendments at a public
hearing on July 21, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District" Section 4.4.20, "Industrial (I)
District", Subsection 4.4.20(D), "Conditional Uses and Structures
Permitted", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.20 Industrial (I) District:
(D) Conditional Uses and Structures Permitted: The following
uses are allowed as conditional uses:
DRAri'
(1) Boat manufacturing, repair, and/or service
(2) Bulk storage, gas and oil
(3) Communication and transmission facilities
(4) Concrete products manufacturing, including concrete
block and redimix concrete
(5) Custom fiberglass shops
(6) Dairy processing
(7) Heavy equipment and tool rental
(8) Bulk fertilizer sales, excluding compost heaps
(9) Garages for parking and storage of vehicles
(10) Junkyards
(11) Kennels, no on-site disposal of carcasses
(12) Lumberyards
(13) Meat cutting and wholesale storage
(14) Monument and ornamental stone cutting
(15) Rental and sales of modular buildings
~/~~/~/~/~y Material and component recovery for reuse, such
as the disassembly and resale of computer components, appliances, and
electrical components. This does not include resource recovery
facilities as described and requlated by Section 4.3.3(Z) .
(17) Scrap metal recycling, when all operations and storage
are in a completely enclosed building, which generates no emissions,
and which does not create a noise disturbance in violation of Chapter
99 of the City Code
(18) Storage of light trucks, up to and including two-ton
trucks, and light construction equipment not over 24 feet long, eight
feet wide, and ten feet high
- 2 - Ord. No. 31-97
(19) Towing services and attendant storage
(20) Truck terminals and storage facilities
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Subsection 4.4.21(D), "Conditional 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:
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses:
(1) Health Care, such as: adult congregate living;
continuing care; homes for the aged; nursing homes; substance abuse
treatment facilities; hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers,
and testing facilities; and mental health treatment facilities
including residential care.
(2) Educational, either public or private, and vocational
schools except for training or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate
school, etc.) which may be located in various commercial districts.
(3) Services, such as: community residential homes with
seven or more occupants.
(4) Transportation, such as: bus stations, railway
stations, taxi dispatch (more than one taxi), and park and ride
areas.
(5) Special Services and Facilities, such as: privately
operated parking lots and garages; stadiums and arenas; refuse
transfer stations; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); power transfer stations; and
communication towers.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(Z),
"Resource Recovery or Waste Management Facilities", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
3 - Ord. No. 31-97
(Z) Resource Recovery or Waste Management Facilities:
(1) Rule: Pursuant to the Palm Beach County Solid Waste
Act (Chapter 75-473, Laws of Florida, as amended), "No person shall
operate, maintain, construct, expand, or modify any resource recovery
and/or waste management facility without first having applied for and
received a valid operating permit from the Solid Waste Authority".
Examples of facilities which require such permitting include:
landfills, transfer stations, mulching/composting sites, recycling
facilities, biohazardous waste treatment facilities, and any facility
that stores, processes, treats, incinerates or disposes of solid
waste.
(2) Notification Required: Accordingly, as a part of any
application, at any step of the land use and/or development approval
process, which involves the aforementioned facilities, it shall be
required that a letter from the Solid Waste Authority which states
it's knowledge of the proposed facility shall accompany said
application.
(3) Locations: Such facilities shall be allowed only upon
land which is zoned Community Facilities (CF) with an underl¥inq
Future Land Use Map desiqnation of Community Facilities.~~l/~
~/~/~~/~/~/~/~~/ Such facilities shall
not be located within Wellfield Protection Zones 1, 2 or 3.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 31-97
[ITY I)F DELRrlY BErlgH
CITY ATTORNEY'S OFFICE .w
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
~ MEMORANDUM
Ali.America City
,,,,,,-----
TO: City Commission
1993
FROM: Susan A. Ruby, City Attorney
SUBJECT: Tate v. City_ of Delray Beach and Lake Worth Drainage District
The purpose of this memorandum is to call for a closed attorney-client session pursuant to
Florida Statutes 286.011(8) for the August 19, 1997 City Commission meeting to discuss
settlement negotiations and strategy related to litigation expenditures in the above case.
Strict compliance with Florida Statutes Section 286.011(8) is required by law. Therefore,
prior to the commencement of the closed attorney-client session the Mayor should read the
following:
"The City has scheduled a closed attorney-client session pursuant to Florida
Statutes Section 286.011(8) in the case of Stanley Tate vs. the City of
Delray Beach and Lake Worth Drainage District. The estimated length of
the closed session shall be 30 minutes. The following persons will be
attending: Mayor Jay Alperin, Commissioners Ken Ellingsworth, David
Randolph, Kevin Egan, David Schmidt, City Manager David Harden, City
Attorney Susan Ruby, Assistam City Attorney David Tolces, Bill Doney,
lawyer for the City, and a certified court reporter.'
After the closed session is over, the Mayor should announce that the regular meeting is
reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be
prepared giving reasonable public notice of the time and date of the closed attorney-cliem
session for August 19, 1997 and that the agenda item include the name of the case, the names
set forth above of those persons attending the session, and identify the item as a closed door
session pursuant to Florida Statute 286.011. Our office will arrange for a court reporter to
be pre~ by statute. Attached is a copy of Fla. Stat. 286.011.
SAR: c~~/ _.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
David Tolces, Assistant City Attorney
Bill Doney, Esq.
Sun Coast Reporters 9.
F.S. 1995 PUBLIC BUSINESS;. MISCELLANEOUS PROVISIONS Ch. 286
based. The requirements of this section do not apply to appeals any court order which has found said board,
the notice provided in s. 200.065(3). commission, agency, or authority to have violated this
~i¥ History.--s. 1, ch, 80-150; s. 14, ch. 88-216: s. 209. ch. 95-148. section, and such order is affirmed, the court shall
assess a reasonable attorney's fee for the appeal
ore 286.011 Public meetings and records; public against such board, commission, agency, or authority.
be inspection; criminal and civil penalties.-- Any fees so assessed may be assessed against the indi-
~ies (1) All meetings of any board or commission of any vidual member or members of such board or commis-
md state agency or authority or of any agency or authority sion; provided, that in any case where the board or com-
nts of any county, municipal corporation, or political subdivi- mission seeks the advice of its attorney and such advice
-~ sion, except as otherwise provided in the Constitution, is followed, no such fees shall be assessed against the
of '~ at which official acts are to be taken are declared to be individual member or members of the board or commis-
, or ~'i public meetings open to the public at all times, and no sion.
~rd ; resolution, rule, or formal action shall be considered (6) All persons subject to subsection (1) are prohib-
Ihe binding except as taken or made at such meeting. The ired from holding meetings at any facility or location
on, i~: board or commission must provide reasonable notice of which discriminates on the basis of sex, age, race,
all such meetings, creed, color, origin, or economic status or which oper-
~ic :~ (2) The minutes of a meeting of any such board or
ed commission of any such state agency or authority shall ates in such a manner as to unreasonably restrict public
be promptly recorded, and such records shall be open access to such a facility.
be to public inspection. The circuit courts of this state shall (7) Whenever any member of any board or commis-
on have jurisdiction to issue injunctions to enforce the pur- sion of any state agency or authority or any agency or
~io- ~ poses of this section upon application by any citizen of authority of any county, municipal corporation, or politi-
?'- this state, cai subdivision is charged with a violation of this section
tis- (3)la) Any public officer who violates any provision and is subsequently acquitted, the board or commission
is authorized to reimburse said member for any portion
he of this section is guilty of a noncriminal infraction, pun- of his or her reasonable attorney's fees.
of ;, ishable by fine not exceeding $500. (8) Notwithstanding the provisions of subsection (1),
of .~ lb) Any person who is a member of a board or com- any board or commission of any state agency or author-
?,: mission or of any state agency or authority of any ity or any agency or authority of any county, municipal
rly ?' county, municipal corporation, or political subdivision corporation, or political subdivision, and the chief admin-
:a- who knowingly violates the provisions of this section by istrative or executive officer of the governmental entity,
'~' attending a meeting not held in accordance with the pro-
may meet in private with the entity's attorney to discuss
~d visions hereof is guilty of a misdemeanor of the second pending litigation to which the entity is presently a party
id degree, punishable as provided in s. 775.082 or s. before a court or administrative agency, provided that
,s, : 775.083. the following conditions are met:
s- :' lc) Conduct which occurs outside the state which
~11 would constitute a knowing violation of this section is a la) The entity's attorney shall advise the entity at a
public meeting that he or she desires advice concerning
d, ~ misdemeanor of the second degree, punishable as pro- the litigation.
c- .~, vided in s. 775.082 or s. 775.083. lb) The subject matter of the meeting shall be con-
-~. (4) Whenever an action has been filed against any fined to settlement negotiations or strategy sessions
~. ~ board or commission of any state agency or authority or related to litigation expenditures.
. ~: ', any agency or authority of any county, municipal corpo-
?~ j ration, or political subdivision to enforce the provisions lc) The entire session shall be recorded by a certi-
~e ~. fled court reporter. The reporter shall record the times
;.~ of this section or to invalidate the actions of any such of commencement and termination of the session, all
· i board, commission, agency, or authority, which action discussion and proceedings, the names of all persons
· ?~ ~i' t determinesWaS taken inthatViolationthe defendant°f this sectiOn,or defendantsand theto coUrtsuch present at any time, and the names of all persons speak-
~' ~ action acted in violation of this section, the court shall ing. No portion of the session shall be off the record. The
'~ ~'; assess a reasonable attorney's fee against such court reporter's notes shall be fully transcribed and filed
~.! with the entity's clerk within a reasonable time after the
agency, and may assess a reasonable attorney's fee
;t against the individual filing such an action if the court meeting.
~ finds it was filed in bad faith or was frivolous. Any fees (d) The entity shall give reasonable public notice of
¢ . so assessed may be assessed against the individual the time and date of the attorney-client session and the
names of persons who will be attending the session. The
f ~ member or members of such board or commission; pro-
- vided, that in any case where the board or commission session shall commence at an open meeting at which
~ seeks the advice of its attorney and such advice is fol- the persons chairing the meeting shall announce the
: lowed, no such fees shall be assessed against the indi- commencement and estimated length of the attorney-
': vidual member or members of the board or commission, client session and the names of the persons attending.
At the conclusion of the attorney-client session, the
However, this subsection shall not apply to a state attor-
I i~. ney or his or her duly authorized assistants or any officer meeting shall be reopened, and the person chairing the
. charged with enforcing the provisions of this section, meeting shall announce the termination of the session.
~ (5) Whenever any board or commission of any state (e) The transcript shall be made part of the public
agency or authority or any agency or authority of any record upon conclusion of the litigation.
- Histm'y.--s. 1, ch. 67-356; s. 159. ch. 71-136; s. 1, ch. 78-365: s. 6, ch. 85-301;
county, municipal corporation, or political subdivision $. 33, ch. 91-224: s. I, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353.
503
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 19, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REG~ AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.M. RESOLUTION NO. 63-97: Consider approval of a resolution
authorizing the filing of eminent domain proceedings as
required by the Final Judgment in the case of Stanley G.
Tare, Trustee, v. City of Delray Beach and the Lake Worth
Drainage District.
ref:ADDENDUM
CITY DELR
CITY
Writer's Direct Linc: (56]) 243-?090
DELRAY BEACH
AlPaca Cty MEMO~~
1
· 0: City Co~ission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Resolution Authorizing the Commencement of Eminent Domain
Proceedings - Tate v. City and Lake Worth Drainage District
Pursuant to the Court's Order in the above case, the City is required to commence
condemnation proceedings to acquire the property interests allegedly taken by the City
and the Lake Worth Drainage District. Prior to commencing the proceedings, the City
Commission must adopt a resolution authorizing the institution of the condemnation
proceedings. Adoption of this resolution will authorize the City Attorney's Office to
commence the condemnation proceedings in Circuit Court.
If you have any questions, please call.
DNT:srnk
Attachment
cc: David T. Harden, City Manager
tate7.dnt
RESOLUTION NO. 63-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS AS REQUIRED BY A FINAL
JUDGMENT IN THE CASE STYLED STANLEY G. TATE,
TRUSTEE VS. CITY OF DELRAY BEACH, FLORIDA AND THE
LAKE WORTH DRAINAGE DISTRICT; PROVIDING A CONFLICT
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, in 1993, Stanley G. Tate, Trustee, instituted a
lawsuit against the City of Delray Beach and the Lake Worth Drainage
District in which Mr. Tate contended that certain governmental
actions resulting in the alleged closing of Davis Road denied Mr.
Tate of legal access to his property and resulted in a taking of the
lands in question; and
WHEREAS, the City Commission of the City of Delray Beach
strongly disagrees with the allegations set forth in Mr. Tate's
Complaint; and
WHEREAS, on or about October 17, 1996, the trial court in
the above-referenced lawsuit entered Final Judgment against both the
City of Delray Beach and the Lake Worth Drainage District finding
that the governmental entities had "taken" certain property and/or
property rights allegedly owned by Mr. Tate; and
WHEREAS, the Final Judgment in the above-referenced lawsuit
ordered the City of Delray Beach and the Lake Worth Drainage District
to institute eminent domain proceedings to acquire the property
interests allegedly taken by the governmental entities; and
WHEREAS, in compliance with the Court's Final Judgment, the
City of Delray Beach is authorizing the filing of the condemnation
proceeding without prejudice to pursue its appellate rights in the
future.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach
hereby authorizes the acquisition of that certain property or
property rights as set forth in that Final Judgment dated October 17,
1996 in the case styled "Stanley G. Tate, Trustee vs. City of Delray
Beach and Lake Worth Drainaqe District", being Case No. 93-5198 AI.
This authorization is without prejudice to any and all appellate
rights of the City of Delray Beach in the above-referenced
litigation.
Section 2. That all resolutions or parts of resolutions in
conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
resolution or any portion thereof be declared invalid by a court of
competent jurisdiction, such decision shall not affect the remainder
of this resolution.
Section 4. That this resolution shall take effect
immediately upon passage.
PASSED AND ~OPTED in regular session on this the 19th day
of August, 1997.
ATTEST:
- 2 - Res. No. 63-97