09-05-97 Special/Workshop DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION ~
AII-AmericaCily
FIRST FT,OOR CONFERENCE ROOM
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 accom-
modate your request. Adaptive listening devices are available.
SPECIAL MEETING AGENDA
(1) BID AWARD/POLICE PATROL CARS: Consider approval of a bid
award in the amount of $44,858 via Florida Sheriff's
Association contract to Don Reid Ford for two Ford Crown
Victoria patrol car replacements, with funding from vehicle
replacement account #501-3312-591-64.20.
(2) Contract for Legends Tennis Tournament.
(3) City Attorney Annual Evaluation.
(4) City Manager Annual Evaluation. ~~~~~
Alison MacGregor Harry
City Clerk
WORKSHOP AGENDA
(1) FY 1998 Budget.
(2) Recommendations for funding FY 1997/98 special events and
grant accounts.
(3) Commission comments.
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.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # City Commission Meeting, September 2, 1997
Bid Award - Police Patrol Cars
DATE: August 29, 1997
ACTION
City Commission is requested to approve a bid award to Don Reid Ford in the amount of
$44,858 for two (2) Ford Crown Victoria patrol car replacements and to authorize the use
of replacement vehicle surplus funds. These vehicles are available through Florida
Sheriff's Association contract #96-04-0918 Spec 01. Funding would come from vehicle
replacement account #501-3312-591-64.20.
BACKGROUND
Police Department patrol car #1209 is a 1992 Crown Victoria with approximately
125,000 miles. This vehicle needs a new engine at an approximate cost of $4500. This
vehicle is scheduled for replacement next year. Due to the age of the vehicle and
maintenance costs to date, we are recommending replacement.
Vehicle #1400 is a 1994 Chevrolet Caprice with approximately 67,000 miles. This
vehicle has been wrecked and the estimated repair cost is about $6500. In addition, the
frame on this vehicle is severely bent. Due to the maintenance costs to date and the
problems we have had with bent frames, staff feels it is more cost effective to replace this
vehicle.
RECOMMENDATION
Staff recommends award of a bid under the Florida Sheriff' s Association contract #96-04-
0918 Spec 01 to Don Reid Ford in the amount of $44,858 for the replacement of two (2)
Police patrol cars, with funding to come from replacement vehicle surplus. Account
code to be charged is 501-3312-591-64.20.
File:u:graham/ccomm
Doc. :Police.car
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~l'~'R°bert A. Barcinski
~"~ Assistant City Manager
DATE: August 27, 1997
SUBJECT: Recommendation Police Patrol Vehicles #1209 and #1400
Attached is a recommendation concerning the above subject vehicles that Hoyt
prepared at my request. I concur with his recommendation and analysis. Chief
Overman has also signed off on this recommendation. If you concur, we will proceed
with the order and prepare an agenda item for the next regular agenda.
Funds would come from vehicle replacement reserve account. The balance of this
reserve account is approximately $182,000 (July income statement less the purchasing
of the rescue truck).
RAB/tas
cc: Chief Overman
Hoyt Owens
File:u:sweeney/asmemos
Doc:policveh.doc
RECEIVED
H E H O R A N D U H AUG 261997
ASSISTAi,~T
CITY MANAGER
TO: Robert A. Barcinski, Assistant City Manager
FROM: Hoyt Owens, Deputy Director Public Works
DATE: August 26, 1997
SUBJECT: POLICE DEPARTMENTI PATROL DIVISION
VEHICLE #1209 AND #1400
REPAIR I REPLACE EVALUATION
Vehicle #1209 (1992 Ford Crown Victoria) and vehicle #1400 (1994 Chevrolet Caprice) are
assigned to the Police Department's Patrol Division. Vehicle #1209 went out of service on
7/5/97 with a damaged engine (smoking profusely). This is one of the marked units with a new
engine installed in Fiscal Year 1996. Vehicle #1400 went out of service on 8/2/97 due to
extreme fi'ontal impact collision damage. Estimated damage repair: City's Independent Auto
Damage Appraisers ~ $5,510; lowest vendor estimate @ $6,407.
My August 20, 1997 memo (copy attached) established life cycle costing (LCC) concerns for
several of the 1200 series pursuit vehicles, of which vehicle #1209 on 5/29/97 had a LCC ~
274%. It is not cost effective to invest an additional $4,500+ in this soon to be six (6) year old
pursuit vehicle with 124,861 miles.
Vehicle #1400's original costs with accessories was $18,732. LCC costs on 8/26/97 ~ $20,393 -
$6,982 fuel = $13,411 divided by $18,732 = 72%. If we expend the additional $6,407 for
collision damage repairs, the LCC migrates to 106% ($13,411 + $6,407 = $19,818 divided by
$18,732). This vehicle currently has 66,284 miles. There is an extended warranty at 5
year/100,000 miles with an expiration date @ 6/13/99+.
The City's appraiser concludes and visual inspection confirms that the frame is bent on vehicle
#1400. Lateral and longitudinal frame damage may be present, since the 2 doors on the
passenger side are projecting about 1/2" to 1" above the roof seam. Historically, the City's track
record with vehicles that have sustained frame damage of this magnitude has not been acceptable
for the long term.
Consequently, it is my recommendation to dispose of vehicle #1209 as-is and cannibalized
vehicle #1400 and purchase new replacement pursuit vehicles. Potential values as-is may be
$500 and $100 respectively. Some residual extended warranty value may be captured.
Additional pursuit vehicles are available at Don Reid Ford (Maitland, FL) on the Florida
Sheriff's Association Contract #96-04~0918 specification #01 ~ $22,492 each + $50 each for
administrative costs (see attached proposal) + after market accessories.
Robert A. Barcinski
MEMO - August 26, 1997
Page 2
If you have any questions, please call.
NOTE: Full package of back-up documents are available for review upon request.
HO/sdl
Attachments
c: Chief Richard Overman, Police Chief, w/o attachments
David Junghans, Police Administrative Officer, w/o attachments
Richard Sandell, Superintendent Fleet Maintenance, w/o attachments
REF:HO/082697A.MEM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:CITY MANAGER
~UB~.CT: ~ND~ IT~,~ #~.~- ~P~.OIAL M~.~,TIN~ O~ S~.~T~.~B~,~ ~, ~7
VIRGINIA SLIMS LEGENDS TENNIS TOURNAMENT
DATE: AUGUST 29, 1997
Attached is an agreement providing for the Virginia Slims Legends
tennis tournament to be held at our Tennis Center on December 6
and 7, 1997. This agreement is identical to last year's
agreement except that the fee of $6,000 has been removed. Mr.
Liddy asked that this fee be removed because our new exclusive
agreement with Coca-Cola caused Liddun to lose Pepsi as a $25,000
sponsor for the Legends tournament. We have verified that Pepsi
did provide a $25,000 sponsorship for the 1996 Legends
tournament.
In return for the waiver, we have requested Liddun to provide the
City with certain services. I expect to be able to report on
Tuesday evening what they will provide.
I recommend approval of the attached agreement.
ref:agmemo6
AGREEMENT
THIS AGREEMENT, made and entered into this __ day of ., 1997
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as City), and LIDDUN INTERNATIONAL, INC., a Delaware
corporation, (hereinafter referred to as Liddun).
WITNESSETH:
WHEREAS, LIDDUN desires to hold a Legends Tennis Tournament (the
"Tournament") from December 6-7, 1997 at the Delray Beach Municipal Tennis Center; and,
WHEREAS, the CITY is desirous of having the Tournament at the Municipal Tennis
Center December 6-7, 1997; and,
WHEREAS, the CITY believes that the presence of the Tournament within Delray
Beach will grant the citizenry of Delray Beach many tangible and intangible benefits; and,
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
ARTICLE 1
Grant of License
1.01. TERM.
The CITY hereby grants to LIDDUN for the period of December 6-7, 1997, the
exclusive rights and privilege to use, manage and operate the municipal tennis stadium and
necessary surrounding property for a two day Tournament, commencing on Saturday, December
6, 1997, and ending on Sunday, December 7, 1997. LIDI)UN'S rights shall cover an additional
one (1) day period before the commencement of the Tournament to set up necessary facilities and
an additional day after the Tournament to remove necessary facilities.
1.02. LICENSE AGREEMENT ONLY.
This agreement between the CITY and LIDDUN is a license agreement, not a lease or
purchase agreement, and should be construed by a court of competent jurisdiction to be a license
agreement only. Furthermore, this License Agreement does not grant nor is LIDDUN receiving
hereunder any rights to any real property of the CITY nor any property interests except as set
forth in this agreement.
1.03. FACILITIES PROVIDED BY CITY.
The facilities (hereinafter referred to as Tournament Site) to be provided by the CITY
and subject to this license include the following:
A. The stadium court at the CITY'S municipal tennis center.
B. Use of the hard surface or clay courts as required.
C. A sound system for use during the event.
D. Adequate electrical power for event needs, including hook up for television
cameras.
E. Rest room facilities for the general public.
F. Fencing of the site to ensure proper security.
G. Necessary signage to direct the general public to the facility.
H. A ticket sales office at the main entrance to the facility, equipped with a phone,
electricity and air conditioning, which can be a temporary structure or a trailer.
I. Adequate parking for spectators on City-owned or controlled property based on
Liddun's estimated requirements.
J. Locker rooms and players lounge providing adequate shower and relaxation areas
for the players before and after matches, which locker room and lounge will
include sufficient lighting and air conditioning.
K. Office space for Tournament personnel. The Office space will be in the
Community Center adjacent to the Tennis Center, unless LIDDUN and CITY
agree on an alternate space. Any such space will include sufficient lighting and
air-conditioning.
L. Use of the Gymnasium and the Conference Room in the Conm~unity Center
adjacent to the Tennis Center for use by press, radio and television representatives
and/or as a hospitality area for sponsors and VIPs. Such space will include
sufficient lighting and air-conditioning.
M. One CITY Electrician on site at LIDDUN'S request for December 6 and
December 7, 1997.
1.04. FEES AND CHARGES.
A. LIDDUN shall have the exclusive fight to the fees and income derived from the
sale of tickets to the Tournament, merchandising rights to the Tournament, commission sales
during the Tournament, sale of television rights, parking fees, concessions and all other fees and
income relating to the Tournament.
B. LIDDUN shall have the right to set the fees and charges for the services it
provides to the public relative to the Tournament.
1.05. LIMITATIONS ON USE OF THE FACILITIES.
The CITY agrees not to make the facilities available for any event involving professional
tennis players between November 1, 1997 and January 31, 1998 except for a women's USTA
Satellite Tournament to be held on January 11-18, 1998, without the prior written consent of
LIDDUN.
ARTICLE 2
LIDDUN'S Obligations
2.01. TAXES.
LIDDUN shall be liable for any and all taxes which are or may be imposed as a result of
this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to,
sales and use tax.
2.02. PROOF OF INSURANCE.
LIDDUN shall provide the CITY with proof of insurance being in force. The type and
quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of such
insurance shall be due by November 15, 1997. The insurance shall name the CITY and its
designee as additional insured.
2.03. FINANCIAL RESPONSIBILITY.
LIDDUN agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Tournament including, but not limited to, all accounting and reporting as
may be required by laws. LIDDUN further agrees to accept sole responsibility for any financial
commitments or obligations it incurs as a result of the Tournament, and which are not provided
for in this Agreement.
2.04. OTHER SERVICES AND SUPPLIES.
LIDDUN further agrees that all services and supplies not specifically identified herein
shall be provided by or through LIDDUN.
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2.05. CONCESSION RIGHTS OF LIDDUN.
LIDDUN may sell food, beverages, confections, refreshments and novelties or may,
subject to approval by CITY, contract with another to provide such service. With prior approval
from the CITY, LIDDUN may provide temporary structures at its own expense, for the sale of
concession items.
In providing the concession service, LIDDUN or any person, firm, or corporation with
whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply
with the following provisions provided, however, that LIDDUN shall remain ultimately
responsible to CITY for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and
all permits and licenses that may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws, ordinances
and regulations in all respects.
c. Concessionaire shall not sell or give away or otherwise dispose of any
commodity which in the opinion of the CITY shall cause undue litter.
d. Concessionaire shall have the option to sell beer and wine at the Tennis
Center. The sale of other alcoholic beverages is prohibited. Sale of beer and wine must
comply with all federal, state, county, and municipal laws, ordinances and regulations and
must be properly licensed by the State of Florida.
e. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to CITY for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or annexed,
regardless of whether it is capable of being remo,~ed.
f. The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
g. Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
CITY. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
h. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
i. If the concession is operated by a person, firm or corporation other than
LIDDUN, such person, firm, or corporation shall at all times maintain workers'
compensation insurance coverage for all employees which it employees within the areas
and facilities covered by this Agreement, together with the policy or policies of public
liability and products liability insurance and provides limits of at least One Million
($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability
insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire
legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such
policies shall provide that they will not be cancelled or amended without at least ten (10)
days written notice to the Risk Manager of CITY and shall name CITY, its officers,
agents and employees as additional insured.
2.06. ACCEPTANCE OF TOURNAMENT SITE.
Prior to the Tournament, LIDDUN may inspect and examine the Tournament Site to
determine that said Site is in adequate and satisfactory condition for the uses contemplated.
6
LIDDUN assumes full responsibility and liability for all damages, losses and liability caused by
conditions on the Tournament Site, which arise once it commences use and occupancy of the
Tournament Site, and which conditions are caused by or result from the actions of or failure to
act by LIDDUN, its employees, agents or representatives, or by the actions of or failure to act by
exhibitors, independent contractors, workers or invitees of LIDDUN while on the Tournament
Site. LIDDUN indemnifies and holds CITY harmless for any such claims unless such damage,
loss or liability was caused by conditions on the Tournament Site which are inherent in the
structures involved, or the direct result of CITY'S (including its employees and agents),
negligence or misconduct.
CITY shall not be responsible for any damage or injury to, or personal conduct, safety
and welfare of LIDDLIN, its employees, agents or representatives, or exhibitors, independent
contractors, workers, and invitees while on the premises and LIDDUN expressly indemnifies,
holds harmless and releases CITY from any and all such claims, damages, losses or liability
associated therewith, unless such claim, damage, or liability is the result of CITY'S (including
employees and agents) negligence or misconduct.
2.07. REPAIR. REPLACEMENT AND MAINTENANCE.
LIDDUN shall pay all costs for cleanup, repair and replacement and all damages of
whatever origin or nature, for which it is responsible, ordinary wear and use thereof only
excepted, which may occur during the term of this Agreement in order to restore the Tournament
Site to a condition equal to the condition at the time LIDDUN occupies the Tournament Site.
LIDDUN shall be responsible for clean-up of the Tournament Site during and after the
Tournament. If at any time CITY determines that the clean-up services provided by LIDDUN
are not adequate or that said services endanger public health and safety, CITY shall provide
these services. LIDDUN shall reimburse CITY for the costs of providing these services and for
the actual costs of any supplies.
7
officers, agents or employees shall be liable in any manner to LIDI)UN or its officers, agents or
employees for any damages which may be sustained by LIDDUN through the exercise of this
right by CITY.
2.11. TICKET SALES.
All tickets for admission shall contain language approved by CITY establishing that the
tickets create a revocable license. Prior to the sale of any admission ticket, Liddun shall provide
City Manager or his designee with the established selling price of each type and kind of ticket for
his review and approval.
2.12. ADVERTISING MATTER.
LIDDUN agrees, subject to its rights, if any, under any applicable License Agreements,
to identify the City of Delray Beach as the site of the Tournament in all publications, advertising
and any electronic broadcast, and to permit CITY to use LIDDUN'S trademark or any trademark
authorized to be used by LIDDUN, during the term of this Agreement solely in the connection
with the advertisement and promotion of CITY subject to the approval of LIDDUN, which
approval will not be unreasonably withheld.
All printed material, advertising matter, posters and pictures to be used prior to or at
Tournament which include the name City of Delray Beach or its official seal shall be submitted
to the City Manager or his designee for his approval at least two (2) weeks prior to the proposed
use of the same. Approval shall not be unreasonably withheld by the City Manager or his
designee.
LIDDUN shall provide to the CITY two (2) full-page, four (4) color or black and white
advertisements in the Tournament program, plus two (2) pages of editorial content.
2.08. EVENT PERSONNEL AND EOUIPMENT.
LIDDUN shall provide all personnel needed for the Tournament, including, but not
limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. In the event
LIDDUN, or agents or independent contractors retained by LIDDUN, choose to provide
entertainment during the Tournament, which is their present intention, LIDDUN shall be
responsible for the installation and removal of any staging. Any sound or lighting which is to be
utilized or any equipment of any type or nature which is needed for such entertainment shall be
LIDDUN'S sole responsibility.
2.09. POLICE AND EMERGENCY PERSONNEL.
LIDDUN agrees to make arrangements with the CITY Police Department to provide for
CITY police personnel which the CITY determines, in its sole discretion, is necessary for the
Tournament. The officers shall be paid at the prevailing off-duty detail hourly rate in effect at
the time of the event. LIDDUN shall, at least thirty (30) days prior to the Tournament, consult
with the Chief of Police or his designee to determine the proper scheduling of security for the
Tournament, other than security within the facility itself, which security may be provided, at
LIDDIJN'S expense, by a private security agency. Also, LIDDUN shall contact the CITY Fire
Department to make arrangements for Emergency Medical Technician personnel to be present at
the Tournament at LIDDUN'S expense.
If LIDDUN enters into any agreement with any promoter, the promoter agreement shall
contain this provision, and the promoter shall be under the same obligation as LIDDUN to hire
police personnel and emergency medical technicians.
2.10. CITY'S RIGHT TO CONTROL PREMISES.
CITY at all times reserves the right to eject or caused to be ejected from the premises any
person or persons violating or to keep persons from violating any of the rules or regulations of
the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its
LIDDUN shall include the name "CITY OF DELRAY BEACH" as the "Host Site" in all
Tournament Event brochures, posters, draw sheets, counter cards and other publications relating
to Tournament.
If LIDDUN is able to secure television coverage for the Tournament, LIDDUN shall
ensure that any such television coverage of the Tournament shall specifically mention the CITY
as the host in the opening of each and every broadcast. In addition, LIDDUN shall use its best
efforts to ensure that a minimum of 60 seconds of each and every broadcast is devoted to a
promotional presentation on the City of Delray Beach. It shall be the CITY'S obligation to
provide the promotional video.
2.13. ALCOHOLIC BEVERAGE LICENSE.
In the event an alcoholic beverage license is required, LIDDUN or its agents shall apply
for and obtain a temporary alcoholic beverage license from the State of Florida Department of
Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic
beverages at the Tournament Site for the Tournament. LIDDUN shall display said license in a
conspicuous place at the Tournament Site of the sale and/or distribution of the alcoholic
beverages. LIDDUN shall be solely responsible for timely reporting and remitting the
appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of
Alcoholic Beverages and Tobacco. LIDI)UN shall strictly comply with all rules and regulations
established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any
other applicable statutory and regulatory regulations.
2.14. VACATION OF TOURNAMENT SITE.
LIDDUN agrees to vacate the licensed Tournament Site no later than one (1) day after
the completion of the Tournament; to leave said Tournament Site in a condition equal to that at
the commencement date LIDDUN occupies the Tournament Site each year, ordinary wear and
10
use thereof only excepted, and that LIDDUN shall remove from the Tournament Site within five
(5) days following the closing of the Tournament, all material and equipment owned by
LIDDUN.
2.15. NON-DISCRIMINATION.
A. That LIDDUN for itself, its personal representatives, successors in interest,
assigns subcontractors, and sublessees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded from participation in,
be denied the benefits of, or otherwise be subject to discrimination.
3. That LIDDUN shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs receiving
Federal Assistance through the Department of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenants, the CITY shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision shall
not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are
followed and completed including exercise or expiration of appeal rights.
11
C. LIDDUN shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry.
2.16. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with LIDDUN
such additions, deletions or changes to the license as may be necessitated by changes in county,
state or federal laws relating to the operation of the downtown site. In the event that the CITY
and LIDDUN are unable to reach a mutual agreement on any such addition, deletion or change,
that portion of the contract concerning the services involved in the addition, deletion or change
shall be terminated or eliminated.
ARTICLE 3
General Provisions
3.01. CANCELLATION BY CITY.
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by LIDDUN.
B. Institution of proceedings in involuntary bankruptcy against LIDDUN if such
proceedings lead to adjudication of bankruptcy and the LIDDUN fails within ninety (90) days to
have such adjudication reversed.
The CITY shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mail to LIDDUN specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or sums due hereunder
12
continues for a period of ten (10) calendar days after the due date for such payments; provided,
however, that such termination shall not be effective if LIDDUN makes the required payment(s)
during the fourteen (14) calendar day period following receipt of the written notice.
C. CITY reserves the right to terminate this Agreement for good cause upon thirty
(30) calendar days written notice by registered certified mail to LIDDUN. In the event CITY
exercises that right, it shall refund any advance monies paid to CITY on the condition that
LIDDUN shall agree to forego any and all claims of any kind against CITY.
3.02. DEFAULT BY LIDDIJN.
The CITY may terminate this Agreement for cause upon LIDDUN'S failure to perform
any of the terms and conditions of this Agreement and such failure in performance not remedied
by LIDDUN within thirty (30) days after receiving notice in writing of such default or in cases
where remedial measures may take longer than thirty (30) days, satisfactory remedial action must
begin and be consistently undertaken within thirty (30) days after receiving notice in writing
stating the nature of the failure of performance and the CITY'S intention to terminate if not
corrected and which remedial measures must be completed within a reasonable time set forth in
the notice from the CITY.
Notwithstanding anything to the contrary contained herein, this Section 3.02 shall not
apply where LIDDUN'S failure to perform in a timely manner was caused by casualties, acts of
God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes,
LIDDUN'S inability to secure necessary governmental permits after a reasonable effort by
LIDDUN to so obtain said permits, or other causes beyond the reasonable control of LIDDUN.
3.03. DEFAULT BY CITY.
LIDDUN may terminate this Agreement for cause upon CITY'S failure to perform any
of the terms and conditions of this Agreement and such failure in performance was not remedied
by CITY within thirty (30) days after receiving notice in writing of such default, or in cases
where remedial measures may take longer than thirty (30) days, satisfactory remedial action must
begin and be consistently undertaken within thirty (30) days after receiving notice in writing
13
stating the nature of the failure of performance and LIDDUN'S intention to terminate if not
corrected and which remedial measures must be completed within a reasonable time set forth in
the notice from LIDDUN.
Notwithstanding anything to the contrary contained herein, this Section 3.03 shall not
apply where CITY'S failure to perform in a timely manner was caused by casualties, acts of
God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes,
CITY'S inability to secure necessary governmental permits after a reasonable effort by CITY to
so obtain said permits, or other causes beyond the reasonable control of CITY.
Termination pursuant to this paragraph shall not effect any other rights which LIDDUN
may have, either at law or in equity, for damages or otherwise, resulting from such default and
subsequent termination.
3.04. REMEDIES. ATTORNEYS' FEES AND COSTS.
All remedies provided in this Agreement shall be deemed cumulative and additional, or
not in lieu of or exclusive of each other or of any other remedy available at law or in equity. In
the event of any arbitration or action at law or in equity arising hereunder, the prevailing party
shall be awarded all costs and expenses (including reasonable attorneys' fees) incurred in
connection herewith.
3.05. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Liddun: George Liddy, President
Liddun International, Inc.
2929 East Commercial Boulevard
Fort Lauderdale, Florida 33308
or to such other addresses as either party may designate in writing.
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3.06. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and sections headings are for convenience only. All interpretations shall be
governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any
other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the
entire Agreement.
3.07. INDEMNIFICATION.
To the fullest extent permitted by laws and regulations, LIDDUN agrees to indemnify,
save and hold CITY, its officers, agents and employees, harmless from any and all claims,
damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever
which may arise out of, in connection with, or because of the use, maintenance, or operation of
the licensed facilities, including but not limited, to the exterior facilities and grounds, parking
areas, pedestrian walkways, vehicular paths and grassy areas, by LIDDUN or its officers, agents,
employees, or independent contractors, and invitees including but not limited to those resulting
from or arising out of (a) by any act done or words spoken by LIDDUN, its players, agents or
employees; (b) any damage done to the premises or any part thereof caused by the act or
omission of either LIDDUN or any player, agent or employee of LIDDUN: (c) the breach by
LIDDUN of any term of this Agreement; or (d) any breach or alleged breach of any warranty or
obligation undertaken by LIDDUN in this Agreement. LIDDUN shall pay all claims, losses,
liens, settlements or judgments of any nature whatsoever in connection therewith, including but
not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of
CITY when applicable.
LIDDUN agrees to defend all actions to which this Section 3.07 applies, in the name of
CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct
15
any defense in any such proceeding which selection shall be reasonable under the circumstances.
All costs and fees associated therewith shall be the responsibility of LIDDUN under this
indemnification agreement.
Such indemnification shall not be limited to the amount of commercial general liability
insurance which LIDDUN is required to obtain under this License Agreement.
Nothing contained herein is intended nor shall be construed to waive CITY'S rights and
immunities under the common law or Section 768.28, Florida Statutes, as amended from time to
time. The provisions of this Section shall survive the execution, delivery and performance of this
Agreement.
3.08. DESTRUCTION OF TOURNAMENT SITE.
In the event said Tournament Site, or major part thereof, shall be destroyed or damaged
by fire or any other cause, or if any other casualty or any unforeseen occurrence shall render the
fulfillment of this Agreement by CITY impossible, then and thereupon, this Agreement shall
terminate, unless LIDDUN shall, at its option, agree to pay to repair such damage.
3.09. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Tournament
Site by LIDDUN, its agents, employees, representatives, independent contractors or invitees.
CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury
or damage to such property that may be sustained by reason of the use and occupancy of the
Tournament Site under this Agreement, unless such damage, loss or liability is caused by
CITY'S (including employees and agents) negligence or misconduct.
3.10. INDEPENDENT CONTRACTOR STATUS.
LIDDUN and its employees, volunteers and agents shall be and remain an independent
contractors and not agents or employees of CITY with respect to all of the acts and services
performed by and under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint undertaking or venture
between the parties hereto.
16
3.11. COMPLIANCE WITH LAWS.
LIDDUN shall comply with all statutes, laws, ordinances, rules, regulations and lawful
orders of the United States of America, State of Florida, City of Delray Beach and of any other
public authority which may be applicable to the use of the Tournament Site by LIDDUN.
LIDDUN shall obtain at its expense any and all required permits and licenses including an
occupational license if required.
A. LIDDLIN shall not assign or transfer this Agreement nor otherwise convey any
privilege granted hereunder or sublease/license any part of the stadium unless the written consent
of the CITY be first obtained. Such consent shall not be unreasonably withheld. Neither this
Agreement nor any right, privilege or interest therein or thereunder shall be transferable by
operation of the law or by any process or proceeding of any court.
B. Assignment as referred to above shall include, but not be limited to, any and all
sales, assignment transfer, collateralization, or other disposition of a majority of stock
certificates, right, title and/or interest in and to Liddun International, Inc. to any person or entity
other than George Liddy, Robert Dunn, Larry King, and Sharon O'Connor.
C. Paragraph 3.17(A) shall not be applicable to any transaction wherein Liddun
International, Inc. remains the managing entity of the Tournament, and the majority interest in
Liddun International, Inc. remains in the party(ies) referred to in paragraph 3.17(B).
D. In the event LIDDUN contracts with a promoter for any activity associated with
the Tournament, this agreement shall be incorporated into the promoter agreement and attached
as an exhibit.
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
17
authorized on the year and date first above written.
WITNESS: LIDDUN ttWTERNA~IONAL, 1-NC:
~r~.fC~ O~'CTDp"C-~ George Liddy, President
(print or type name)
SEAL
STATE OF
counTY OF
The foregoing instrument was acknowledged before me this ~ day of
~[~jr).~ 1997 by ~'~'~C/~_~/// President of Liddun International, Inc., a
Delaware corporation, on behalf of the corporation. He is p_~rsona!ly known to me/or has
produced (type~?/. [;~on.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
Icgcnd97.agt
rev. 6/24197
18
LIBRARY BUDGET ISSUES
Although there may be arguments as to the necessity of a Public Library, this City
Commission never thought that the library is anything less than a high priority for Delray
Beach. The commission has been totally supportive of the improvements planned for the
library. The real difference is in the timing, amount and method of funding these needed
improvements.
The Library Board has mounted a well orchestrated campaign to generate support for
their funding request. Many people do not realize that this request will increase their
taxes. Most people think it is a one time request, not a continuing budgetary increase.
Some people have told me that the library will have to close without this money. Others
think that the library belongs to the City. Mailers tell the public that the commission is
only going to fund an additional $60,000 next year and other matters which have not yet
been decided. Also the costs have been mistated. The current cost is $26.84 per
household and the increase requested amounts to $13.57 per household.
In seven and a half years in office and working on my eighth budget, I have not
experienced anything this disruptive. Hundreds of phone calls have swamped the City
Manager's office creating a telephone log jam preventing the normal efficient function of
the most important office in the City. Dozens of cards and letters, most on identical
forms with resident name stamps on many of them have been received. Many patients of
mine and numerous acquaintances have told me that they were called by the library and
were told to make these calls and were sent and given these forms to lobby us. I have
personally spoken to the Chairman of the library board on a couple of occasions about the
disruption caused by this tactic. Obviously a considerable amount of resources was spent
on phone calls, letters, printing of forms, posters, mailers, badges, and postage. This is a
well organized and funded campaign. That fact begs the recognition that it is not an
unsolicited grass roots movement, and therefore does not carry equal credibility with a
spontaneous movement of the people of Delray Beach.
By the way I have also received numerous requests to ignore the budget request by
people who are not happy with the library tactics or the library in general.
Let's review the facts.
Why is the library in it's present state? The City Commission has approved all but one of
the funding requests from the library over the last several years, and that request was only
slightly reduced ($6,000). In response to years of maintaining the same service level the
board changed and the new board sees the need to substantially upgrade their services in a
very short time period, without adequately consulting with their funding agency, The City
of Delray Beach.
Their plan is so ambitious that we still have not had adequate time to study their long
term plan, but we are being pressured to fund the immediate request without being fully
aware of the impacts of the future. The option presented to us, is to raise taxes, to pay for
the requested budget. The library board has not presented any alternatives and attempts
to force the commission's hand before any other alternatives can be investigated by the
City. Additionally the library board has made it plain that there is no room for
negotiation. They want it all and so far have not offered a reasonable compromise.
Now lets review the politics involved in this request.
In 1990 the citizens of Delray Beach overwhelmingly rejected the old style of politics.
We were elected to run this city like a business. This means that our decisions are to be
based on facts derived from research, not simply on public opinion. Decisions must be
made in relation to the whole picture not independent of all other interest of the city.
Let's look at the millage rate over the last 10 years. In 1989 the citizens of Delray Beach,
contrary to every other local government in the area, passed a bond issue (The Decade of
Excellence Bond) to raise their own taxes to provide needed improvements to their city.
In 1990, the new city commission running the city like a business decided to hold the line
on taxes and reduce taxes at every opportunity, while still improving the quality of life
and business in Delray Beach. This chart shows that we have accomplished just that.
The only two increases came as a result of the issuing of the two parts of the Decade of
Excellence Bond. In the last four years we have been steadily reducing the millage, by
.05 small but still a definite trend. The first year we change this trend, the future will be
in question. At this point in time I believe that we are too close to our maximum millage
rate. We need to continue to reduce that rate to provide room to increase our millage
when we want to accommodate a big new project or we are forced to fund some County,
State, or Federal mandate, that would otherwise push us over our maximum millage or
make us fiscally overburden our taxpayers.
We are being told that the people are demanding we raise taxes for the library.
Considering the organized program used to convince us of such, I believe that we should
not consider raising taxes. If the people really want their taxes raised lets ask them. I
propose that a referendum be added to our next city election. This will give the citizens
the opportunity to analyze the request and give the city staff time to consider other
options for our library.
2 !99i
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~./~obert A. Barcinski
~C," Assistant City Manager
DATE: August 26, 1997
SUBJECT: RECOMMENDATIONS FOR FUNDING FY 97-98 SPECIAL EVENTS
AND GRANT ACCOUNTS
A Committee composed of Lula Butler, Doug Randolph, Captain William McCollom, and
myself reviewed requests received for funding from City Commissions special event
account and from the miscellaneous grant account.
Per my discussion with Regina, a total of $59,380 is available in the Special Event
account and $184,240 is available in the miscellaneous grant account. Requests for
funding from the special event account totaled $101,750, and requests for funding from
the miscellaneous grant account totaled $571,534.09.
Staff recommendations for funding are attached (Exhibits A & B) as well as a summary
of additional information which includes total budgets and numbers served for each
grant applicant (Exhibit C).
A summary of staff review comments is as follows:
A) S ,r t[Y.y z
Christmas Parade - Staff felt we should continue support at previous levels. This event
is now handled by the Rotary Club and their resources are limited.
Education Board - Staff recommends $2,000 funding for administrative costs and the
Education Expo and $5,000 to offset costs to republish the school marketing brochure.
Fotofusion - Although we felt this is a worth while project that brings money, and
visitors to the City, staff felt that this event needs to become self sufficient and
eventually we need to reduce the City's cash contribution to $0. We would continue to
provide staff support and use of City facilities.
Fourth of July Celebration - Based on the previous years costs and requests for
additional funds for the barge, staff recommends $10,000.
Page: #2
Christmas Tree Security- City Commission committed to fund security costs for this
event. Last years actual costs were close to $7,000.
Martin Luther King Celebration - Staff recommends funding $500. This group's fund
raising ability is limited and they have supported the City by assisting in Hoop It Up and
have done an excellent job in trying to raise funds from other sources.
Roots Festival - Staff recommends a $0 cash contribution, but instead recommends
that we pay for 100% of Police overtime costs not to exceed $6,000. Police overtime
costs equaled $5,616.31 in 1997 with 50% payment due from the festival.
Safety Patrol Trips - We received requests for $500 each from Pine Grove Elementary
and S.D. Spady. These funds assist in defraying the costs for one child at each school.
We recommend funding both requests.
Sister Cities Committee Staff recommends approval of $2,500 to offset
administration costs, gifts, and to supplement the funds needed to send students to
Miyazu next year.
Sunshine Cup Tennis - Staff recommends $15,000 this year and recommends that we
begin to reduce this amount in future years. The event is now being managed by the
USTA.
Unity Club - Staff recommends no funding. The application did not identify a specific
program or programs to be funded.
Old School Square First Night - Staff recommends funding this request in the
amounht of $5,000. This is a new special event and the amount requested is 8.2% of
the total budget. This event will also be used as a fund raiser for Old School Square if
successful.
Contingency - Staff recommends a contingency of $5,380 to be used for unexpected
requests during the year.
B) Miscellaneous Grants
AVDA - Staff recommends an increase in funding to $20,000, due to the number of
residents served, and the assistance this organization provides to the Police
Department.
Alzheimer's Community Care Assoc. - Staff recommends funding remain at $1,000.
The total budget for this organization is $2,598,444 with current assets of $558,828.28.
ARC - Staff recommends funding to remain at $3,000.
Boy's and Girls Club - Staff recommends funding at current level due to previous
commitments to fund this program. $33,800 will be provided by CDBG fund.
Page: #3
Community Child Care Center- Staff recommends increasing funding to $27,500.
Almost all of the center's clients are from Delray Beach. Revenues exceed expenses
for the year ending June 30, 1996 by $82,017.
Deaf Service Center- Staff recommends an increase to $7,000. Net assets calendar
year 1996 equaled $23,000.
Drug Abuse Foundation - Recommend funding the $20,000 request due to the number
of residents served and assistance provided to the Police Department. Organization
has a waiting list 40 individuals for the residential treatment program.
Hospice By the Sea - This organization does serve a fair number of residents.
However, we felt that funding should stay the same due to the healthy financial picture
of this organization.
Mae Volen Senior Center - Staff recommends an increase of funding to $3,500.
Additional Delray Beach residents are being served by this organization (70). City funds
are matched by State funding. $3,000 brings in $30,000 state funding.
School District Palm Beach County Child Care Program - Staff recommends funding
the request. Approximately 369 children from Delray Beach will be served by this
organization. An additional $279,718 will be available from state and federal funds as a
match to City funding.
Wayside House - Staff recommends funding $5,000. This organization has requested
funding for many years, and has received none. Services provided are valuable to the
Community. Approximately 319 clients are City residents.
Summer Youth Employment Program - Staff recommends that $12,000 be set aside
to fund a City operated Summer Youth Employment Program. At this funding level,
approximately 4-5 young adults could be hired for an eight (8) week Summer program.
Other Organizations - Staff recommends zero funding for the following requests,
Alpha Time, Center for Employment Training, Community Neighbor Helping Inc., Florida
Training and Development Center, Healthy Mothers/Healthy Babies, Little Lees
Academy, Ridley Temple Research Center, and the Haitian American Council. All are
new requests, and staff felt that a more in-depth evaluation of programs and financial
condition is needed. Staff also did not recommend any requests for job training
programs because we felt that this should be the responsibility of Federal, State and
County governments.
Page:
Contingency - Staff recommends a contingency of $4,900 for any unexpected requests
during the year.
RAB/tas
cc: Lula Butler
Regina Fraizer
Captain William McCollom
Doug Randolph
File:u:sweeney/agenda
Doc:grants98.doc
EXHIBIT A
I. Special Events
Organization Requested FY Recommended FY 1996 Funding FY 1997 Funding
199~1 FY 1998
Christmas Parade $3,000 $3,000 $3,000 $3,000
Contingency $1,250 $5,380 $1,250 $750
Education Expo & Brochure $7,500 $7,000 $2,000 $2,000
Fotofusion $34,000 $3,000 $6,000 $6,000
Fourth of July Celebration $10,000 $10,000 $8,000 $8,000
Joint Venture Christmas Tree Security $7,000 $7,000 $5,000 $5,000
Martin Luther King Celebration $500 $500 $300 $300
Project Graduation $0 $0 $0 $500
Roots Festival (not specified) $0 *(1) $2,000 $2,000
Safety Patrol Trips $1,000 $1,000 $1,000 $1,500
Sister Cities Committee $2,500 $2,500 $2,000 $2,000
Sunshine Tennis Cup $15,000 $15,000 $15,000 $15,000
Unity Club $5,000 $0 $500 $0
Old School Square First Night $5,000 $5,000 $0 $0
TOTAL $101,750 $59,380 $46,050 $46,050
(1) Committee recommends that no cash contribution be given, but recommends that the City absorb all police overtime
for this event up to a maximum of $6,000.
EXHIBIT B
GENERAL FUND
FY 1997-1998
Organization FY 1998 Amount FY 1998 Amount 1997 1996 1995
Reouested Recommend Fundin~ Fundin~ Fundin~
Aid to Victims of Domestic Assault $25,000 $20,000 $17,806 $17,806 $15,006
(AVDA)
Alzheimer's Association $10,000 $1,000 $1,000 $1,000 $1,000
The Association of Retarded Citizens $5,200 $3,000 $3,000 $3,000 $1,000
(ARC)
Boy's & Girls Club of Palm Beach Co. $85,000 $51,200 $51,200 $51,200 $51,200
Community Child Care Center of Delray $30,000 $27,500 $25,000 $30,000 $30,000
Beach
Contingency $0 $4,900 $0 $0 $0
Deaf Service Center $8,000 $7,000 $6,000 $6,000 $6,000
Drug Abuse Foundation $20,000 $20,000 $32,530 $20,000 $20,000
Hospice by the Sea $16,972.26 $2,500 $2,500 $2,500 $7,500
Mae Volen Senior Center $5,000 $3,500 $3,000 $3,000 $3,000
Pineapple Grove Main Street special item funded as a funded as $30,000 $30,000
special item a special
account
School District Palm Beach County $26,639.83 $26,640 $28,000 $28,000 $26,970
Child Care Program
Alpha Time Child Center Palm Beach $20,072 $0 $0 $0 $0
County
Center for Employment Training $100,000 $0 $0 $0 $0
Community Neighbor Helping Inc. $20,000 $0 $0 $0 $0
Florida Training & Development Center $125,000 $0 $0 $0 $0
Haitian American Council $19,000 $0 $0 $0 $0
Healthy Mothers/Healthy Babies $10,000 $0 $0 $0 $0
Little Lees Academy $8,000 $0 $0 $0 $0
Ridley Temple Research Center $30,150 $0 $0 $0 $0
Summer Youth Employment Program $0 $12,000 $0 $0 $0
Wayside House $7,500 $5,000 $0 $0 $0
TOTAL $552,534.09 $184,240 $170,030 $192,500 $191,670
FY 1997-1998
EXHIBIT C
AGENCY AMOUNT TOTAL NUMBER NUMBER OTHER
REQUESTED BUDGET SERVED DELRAY FUNDING
RESIDENTS
AVDA $25,000 $562,605 450 shelters 312
> 5,000 calls X
ALZHEIMER'S $10,000 $417,182 9,000 1,344 X
ASSOCIATION
BOYS & GIRLS $85,000 $1,666,294 Total 625 550 X
CLUB 257,798 Delray
COMMUNITY $30,000 $710,000 134 134 X
CHILD CARE
CENTER
DEAF $8,000 $455,429 15,840 1,961 X
SERVICE
CENTER
DRUG ABUSE $20,000 $1,246,507 res. 260 96 X
FOUNDATION prog.
402,198 outpatient
HOSPICE BY $16,972.26 $11.3 million 2,316 520 X
THE SEA
MAE VOLEN $5,000 $1,579,098 947 231 X
SCHOOL $26,639.83 $12,734,040 cannot tell from 369 X
DISTRICT OF appl.
PALM BEACH
COUNTY
CHILD CARE
PROGRAM
ASSOCIATION $5,200 $3,858,138 835 34 X
FOR 11,350 Delray
RETARDED
CITIZENS
ALPHA TIME $20,027 $490,038 81 cannot tell from X
CHILD application
CENTER
PALM BEACH
COUNTY
CENTER FOR $100,000 $400,000 30 20 X
EMPLOY.
TRAINING
COMMUNITY $20,000 $92,105 65 65 X
NEIGHBOR-
HOOD
HELPING INC.
FLORIDA $125,000 $780,000 20 20
TRAINING &
DEVEL.
CENTER
HEALTHY $10,000 $1,202,000 13,400 665 X
MOTHERS/
HEALTHY
BABIES
LITTLE LEES $8,000 $206,554.50 52 52 X
ACADEMY
RIDLEY $30,150 $65,270 260 200 X
TEMPLE
RESEARCH
CENTER
WAYSIDE $7,500 $750,000 425 319 X
HOUSE
M E M O R A N D U M RECEIVED
AUG 11 1997
TO: Robert A. Barcinski ASS1STANT
Assistant City Manager CITY MANAGER
FROM: Regina Frazier /~
Budget Administrator' ~
SUBJECT: Applications for Charitable and Benevolent Funding and Special Event Funding
for Fiscal Year 1997-98
DATE: August 11, 1997
Attached are the applications for Charitable and Benevolent funding and Special Event funding for Fiscal
Year 1997-98. The disbursement of funds is pending recommendations from the committee established
last year. A listing of those requesting agencies is listed in the tables below. Per City Policy Number
GA-23, one of the conditions for funding consideration is that recipient organizations submit Status
reports to the City Manager. Therefore, we have also included whether or not these organizations met
this condition. A listing of agencies and approved funding for FY97 is also attached.
First Status
Requested Report Submitted
A~lenc~ Fundin~l (due 04-10-97)
Aid to Victims of Domestic Assault (AVDA) $25,000 Yes
Alpha-Time Children's Center of PBC $20,072 N/A-Did not previously
receive funding
Alzheimer's Community Care Association $10,000 Yes
The Association for Retarded Citizens (ARC) $5,200 Yes
Boys and Gids Club of Palm Beach County $85,000 Yes
Center for Employment Training $100,000 N/A-Did not previously
receive funding
Community Child Care Center $30,000 Yes
Community Neighborhood Helping, Inc. $20,000 N/A-Did not previously
receive funding
Deaf Service Center $8,000 Yes
Drug Abuse Foundation of Palm Beach Cty. $20,000 No
Flodda Training and Development Center $125,000 N/A-Did not previously
receive funding
Healthy Mothers/Healthy Babies Coalition of $10,000 N/A-Did not previously
PBC receive funding
Hospice and Homecare by the Sea $16,972.26 Yes
Little Lees Academy $8,000 N/A-Did not previously
receive funding
Mae Volen Senior Center $5,000 Yes
Ridley Temple Resource Center $30,150 N/A-Did not previously
receive funding
School District of Palm Beach County Child $26,639.83 Yes
Care Program
Wayside House $7,500 N/A-Did not previously
receive funding
MEMO TO: Robert A. Barcinski, Assistant City Manager
SUBJECT: Applications for Charitable and Benevolent Funding and Special Event Funding
for Fiscal Year 1997-98
DATE: August 11, 1997
PAGE: Two
Agency Event Requested Status Report
lif specified) Fundin9 Submitted
Atlantic High School Unity Black History Month/ $5,000 No
Club Brotherhood Week
Show
Chamber of Commerce and Holiday Parade $3,000 No
Junior Chamber
Delray Beach Miyazu Annual Contribution $2,500 No
Sister Cities Committee
Martin Luther King Jr. Same $500 No
National Holiday Celebration
Old School Square First Night Delray $5,000 N/A-Did not previously
receive funding
Palm Beach Photographic FOTOfusion '98 $34,000 No
Centre
Pine Grove Elementary Safety Patrol Trip $500 Yes
Roots Cultural Festival Same (not specified) No
~:D: .~.a..dy ~!.~...m.??~ ..s.,a~.e~ .~a!~! ..T..~ip.. $500 Yes
/sam
cc: David T. Harden, City Manager
DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING llI-Ame~C~
:oo ,,,,,,....
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Oenerally, 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. Ail
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
September 9, 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:
Special Meeting of August 12, 1997
Regular Meeting of August 19, 1997
Special Meeting of September 2, 1997
6. Proclamations:
A. OF NOTE:
Constitution Week - September 15-19, 1997
7. Presentations:
A. 1997 Claude Pepper Florida Cities Award - Delray Beach Police
Department Volunteer Program
8. Consent Agenda: City Manager recommends approval.
A. NOMINATION FOR MEMBERSHIP ON BEACH FUNDING SUBCOMMITTEE/PALM
BEACH COUNTY INTERGOVERNMENTAL COORDINATION PROGRAM: Approve
the nomination of John Walker for membership on the Beach
Funding Subcommittee for consideration by the Palm Beach County
Intergovernmental Coordination Executive Committee.
B. RESERVED TEE TIME PROGRAM FOR HOTEL GUESTS: Approve the
continuation of the reserved tee time program for hotel guests
for an additional year at the municipal golf course.
C. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an
agreement for consultant/lobbying services between the City and
Kathleen E. Daley for the period October 1, 1997 through
September 30, 1998.
Regular Commission Meeting
September 9, 1997
D. AMENDMENT TO MEDICAL DIRECTOR AGREEMENT: Approve an amendment
to the Medical Director agreement with Randall L. Wolff, M.D.,
to extend the term of the agreement beyond September 30, 1997,
until September 30, 1998, and allow for subsequent extensions.
E0 AMENDMENT TO LEASE AGREEMENT WITH OLD SCHOOL SQUARE: Approve
an amendment to the lease agreement with Old School Square to
clarify that the City will maintain general liability insurance
for risks outside the buildings and property insurance for the
buildings themselves.
F. AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/
SANDOWAY PROPERTY: Approve an amendment to the interlocal
agreement with Palm Beach County relating to the Sandoway
property to allow the additional 30 parking spaces to be
provided by the City on-site as well as within the City's
adjacent parking lots on the north and south sides of the
property.
G. SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS
COOPERATIVE INTERLOCAL AGREEMENT: Approve an interlocal
agreement by and among the City of Boca Raton, the City of
Delray Beach and the City of Boynton Beach to establish the
South Palm Beach County Public Safety Communications
Cooperative.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
INTERLOCAL AGREEMENT: Approve an interlocal agreement between
the City and the Northern Palm Beach County Improvement
District with respect to the NPDES permit issued by the U.S.
Environmental Protection Agency on December 9, 1996.
I. AGREEMENT FOR EMERGENCY/HURRICANE RESPONSE SERVICES: Approve
the standard form of agreement to be executed by the awarded
vendors for emergency and hurricane response services as
approved by the City Commission on August 19, 1997.
J. RELEASE OF WATER SERVICE AGREEMENTS/WILLIAM L. & KATHLEEN S.
WALLACE: Approve the release of two Agreements for Water
Service between the City and William L. Wallace and Kathleen S.
Wallace on property located at the northwest corner of Wallace
Drive and Linton Boulevard.
K. ASSIGNMENT OF TENNIS CENTER MANAGEMENT CONTRACT: Approve
assignment of the tennis center management contract from BJCE,
Inc. to Dubin and Associates, Inc.
L. ACCEPTANCE OF EASEMENT DEEDS FOR ROSEAIRE RETREAT: Accept an
easement deed from Roseaire Retreat, Inc. and an easement deed
from Lee's Crossing-Delray Beach Limited Partnership to
accommodate the installation of sanitary sewer improvements
associated with the Roseaire Retreat development located on the
west side of Gallagher Road at the end of Brady Boulevard.
-3-
Regular Commission Meeting
September 9, 1997
M. ACCEPTANCE OF EASEMENT DEED/GLEASON STREET SIDEWALK: Accept an
easement deed from 1995 Atlantic Center Associates, Ltd. to
provide for the maintenance of an existing sidewalk on the west
side of Gleason Street, south of Atlantic Avenue.
N. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify various actions approved by the
SCRWTD Board on August 20, 1997.
O. FINAL PAYMENT/ANTONIO SANCLEMENT: Approve final payment in the
amount of $1,445 to Antonio Sanclement for installation of
hurricane shutters at the City Attorney building, with funding
from 334-6111-519-62.10.
P. CODE ENFORCEMENT BOARD RULES: Approve the Rules of Procedure
for the Code Enforcement Board as adopted by the board on July
8, 1997.
Q. RESOLUTION NO. 69-97: A resolution endorsing the creation of
one minimum state building code, providing that such code will
permit local government flexibility to adopt certain local
amendments and provide for local control of construction
appeals boards and local enforcement and administration of
building and fire codes.
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period August 18 through
September 5, 1997.
S. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $184,949 to Man-Con, Inc. for
S.E. 4th Street infrastructure improvements, with funding
in the amount of $112,603 from 442-5178-536-61.78 and
$72,346 from 448-5411-538-62.34, through budget transfer
from 448-5411-538-99.01.
2. Multiple bid awards in the estimated annual amount of
$194,740.27 to various vendors for pipe fittings and
accessories for the Water/Sewer Network and Construction
Divisions, with funding from various accounts in the Water
and Sewer Fund.
3. Bid award in the amount of $721,622 to Akerblom
Contracting, Inc. for construction of Phase II of the
Aquifer Storage and Recovery Well at the North Reservoir
site, with funding in the amount of $672,822 from
441-5181-536-69.18 and $48,800 from 440-5179-536-69.18.
-4-
Regular Commission Meeting
September 9, 1997
9. Regular Agenda:
A. CONDITIONAL USE REQUEST/RENTAL 1-DELRAY: Consider a request
for conditional use approval to establish a storage and rental
of light construction equipment facility (Rental 1-Delray)
within the MIC (Mixed Industrial and Commercial) District. The
subject property is located at the northeast corner of N.W.
18th Avenue and Dr. Carol Krol Way, approximately 420 feet east
of Congress Avenue. QUASI-JUDICIAL PROCEEDING
B. FY 1998 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of
the proposed FY 1998 golf rates for the Municipal Golf Course.
C. FY 1998 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of
the proposed FY 1998 golf rates for the Lakeview Golf Course.
D. RESOLUTION NO. 68-97: Consider approval of a resolution
authorizing the City to purchase two lots adjacent to the Leon
Weekes Environmental Preserve for the purpose of providing
amenities associated with the park.
E. REMOVED
F. DATE FOR THE 6TH ANNUAL TOWN HALL MEETING: Confirm a date for
the 6th Annual Town Hall Meeting to be held at the Crest
Theater at Old School Square.
G. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD:
Appoint a member to the Site Plan Review and Appearance Board
to fill an unexpired term (layperson) ending August 31, 1998.
The appointment will be made by Commissioner Egan.
H. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint
two citizen members and one member 13-19 years of age to the
Pompey Park Advisory Committee for two year terms ending
September 13, 1999. The citizen member appointments will be
made by Commissioner Egan and Commissioner Ellingsworth, and
the 13-19 age group member by Commissioner Randolph.
10. Public Hearings:
A. RESOLUTION NO. 64-97: A resolution tentatively levying a tax
on all properties within the City of Delray Beach for
maintenance and operation, and for payment of principal and
interest on bonded indebtedness, for PY 1998.
B. RESOLUTION NO. 65-97: A resolution tentatively levying a tax
on all properties within the Downtown Development Authority
Taxing District of the City of Delray Beach for FY 1998.
C. RESOLUTION NO. 66-97: A resolution tentatively making
appropriations of sums of money for all necessary expenditures
of the City of Delray Beach for the period October 1, 1997
through September 30, 1998.
--5--
Regular Commission Meeting
September 9, 1997
D. RESOLUTION NO. 67-97: A resolution establishing a budget for
the Stormwater Utility System, establishing the rates for FY
1998 stormwater management assessments, and certifying and
adopting the stormwater assessment roll.
E. ORDINANCE NO. 31-97 (SECOND READING/SECOND 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.
F. ORDINANCE NO. 33-97 (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 23, 1997.
G. ORDINANCE NO. 32-97 (FIRST READING AND TRANSMITTAL HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 97-1): Consider approval of
Ordinance No. 32-97 on first reading and authorize transmittal
of Comprehensive Plan Amendment 97-1 to the State Department of
Community Affairs (DCA) for review. Amendment 97-1 implements
the changes recommended in the Evaluation and Appraisal Report
(EAR). If passed, second reading and a public hearing will be
scheduled upon completion of DCA's review.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 34-97: An ordinance amending Chapter 52,
"Water", of the City Code by amending Section 52.34, "Water
Rates", to provide for increased residential, nonresidential
and irrigation rates for FY 1997/98. If passed, a public
hearing will be scheduled for September 23, 1997.
B. ORDINANCE NO. 35-97: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code by amending Section 53.130,
"User Charges; Wholesale Sewer Rates; Calculation of Sewer
Surcharge", to provide for increased residential and
nonresidential/commercial rates for FY 1997/98. If passed, a
public hearing will be scheduled for September 23, 1997.
-6-
Regular Commission Meeting
September 9, 1997
C. ORDINANCE NO. 36-97: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code by amending Section
51.70, "Regular Charges Levied", to provide for increased
garbage, trash, recycling, vegetation and bulk waste collection
service rates for FY 1997/98. If passed, a public hearing will
be scheduled for September 23, 1997.
D. ORDINANCE NO. 37-97: An ordinance amending Chapter 50,
"Utilities Generally; Public Service Tax", Section 50.15, "Levy
of Tax", to increase the utility tax for the purpose of
adequately funding the City's Beautification Program. If
passed, a public hearing will be scheduled for September 23,
1997.
E. ORDINANCE NO. 38-97: An ordinance rezoning a parcel of land
from RM (Medium Density Residential) District to CF (Community
Facilities) District for the establishment of a parking lot
associated with St. Paul's Episcopal Church. The subject
property is located on the west side of S.W. 1st Avenue,
approximately 120 feet north of S.W. 2nd Street. If passed, a
quasi-judicial public hearing will be scheduled for September
23, 1997.
F. ORDINANCE NO. 39-97: An ordinance amending Chapter 101,
"Parks, Beaches, and Recreation", Section 101.15 "Definitions",
of the City Code to provide for the inclusion of City-owned
property generally located north of Beach Drive and east of
State Road A1A in the area defined as the municipal beach under
Chapter 101. If passed, a public hearing will be scheduled for
September 23, 1997.
G. ORDINANCE NO. 40-97: An ordinance amending Chapter 35,
"Employee Policies and Benefits", "Retirement Plan", of the
Code of Ordinances by amending Section 35.097(A) to provide
that the normal form of benefit for participants who are not
married at the time of retirement is a single life annuity;
amending Section 35.097(C) to remove age-based limitations on
disability benefits; amending Section 35.097(J) to conform to
recent changes in federal law; and amending Section 35.098 to
clarify the minimum benefit payable to multiple beneficiaries
of a participant. If passed, a public hearing will be
scheduled for September 23, 1997.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-7-
Regular Commission Meeting
September 9, 1997
14. 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.
-8-
WHEREAS, our Founding Fathers, in order to secure the
blessings of liberty for themselves and their posterity, did
ordain and establish a Constitution for the United States of
America; and
WHEREAS, it is of the greatest importance that all
citizens fully understand the provisions and principles contained
in the Constitution in order to support, preserve, and defend it
against all encroachment; and
WHEREAS, the two hundred Zi£L~-firot ~T~niversary of the
Signing of the Constitution provides an historic opportunity for
all Americans to read this magnificent document to understand why
so many are willing to risk even life itself to obtain its
cherished benefits; and
WHEREAS, the independence guaranteed to American
citizens, whether by birth or naturalization, should be
celebrated by appropriate ceremonies and activities during
Constitution Week, as designated by proclamation of the President
of the United States of America in accordance with 36 United
States Code subsection 159.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission do hereby
proclaim September 15 through September 19, 1997 as
CONSTITUTION WEEK
in the City of Delray Beach, Florida, and urge all our citizens
to reflect on the many benefits of our Federal Constitution and
American citizenship. And, to celebrate the Preamble to our
Constitution.
"WE, the People of the United States, in order to form
a more perfect union, establish justice, insure domestic
tranquility, provide for the common defense, promote the general
welfare, and secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this Constitution for the
United States of America".
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 9th day of September, 1997.
MAYOR
JAY ALPERIN
SEAL
Delray Beach Police Department
(561) 243-7888 Fax (561) 243-7816
1993
April 25, 1997
The Claude Pepper Foundation, Inc. ~ / s'....~ ~9,~,,.~ ~..'
210 South Woodward Avenue ,~t~ !; :~; /~. 0..7~.~
Tallahassee, Florida 32304
To Whom It May Concern:
Generally, I would be writing this letter identifying the reasons why all of the
individuals who participate in the Delray Beach Police Department Volunteer Program
should receive recognition for the benefits they provide to the city of Delray Beach and
the Delray Beach Police Department. Our volunteers have become a critical function and
very important asset in the day to day operations of our organization. Not only do they
provide irreplaceable services to our agency, but to the citizens (primarily senior citizens)
of Delray Beach as well.
I would like to take this oppommity to explain how our volunteer program, and
those individuals who participate in the program, provide positive contributions and
benefits to the senior citizens in our community. During the past five years our
volunteers have been working diligently to change the face of Dekay Beach and improve
the quality of life for many of our senior citizens throughout our community. Currently,
there are approximately 1,200 volunteers working side by side with members of the
Delray Beach Police Department. We have twenty-two Citizen Observer Patrol
neighborhoods that patrol primarily all senior citizen neighborhoods. Through their
efforts our seniors living in those areas have seen as much as a 75 to 80% decrease in
crime. Not only have these programs provided more security for our senior citizens, it
has also provided them with an opportunity to personally contribute and become more
involved in crime prevention strategies with their neighborhoods and the police
department. As mentioned in the attached letters, this program has given our senior
citizens an outlet to contribute their services in a positive way. Many say this program
gives them a reason to get up, and go out every day.
Chief Overman took an innovative and aggressive approach to building what is
believed to be the largest volunteer army for a city the size of Delray Beach to target and
work aggressively towards eliminating crime. By every indication his plan is working
with great success. Not only did we recruit the army of volunteers, but the Chief also
provided them with the tools and resources necessary to get the job done. Our volunteers
The Claude Pepper Foundation, Inc.
April 25, 1997
Page 2
were provided with uniforms, cellular phones to maintain constant communication with
the police department, donated retired police vehicles to conduct their neighborhood
patrols, and provided intensive in-service training to demonstrate how the volunteers
could help themselves, their neighbors, and the citizens of Delray Beach.
As coordinator of our volunteer program, I am receiving correspondence and
telephone calls weekly from law enforcement agencies throughout the United States and
other countries inquiring about our successes in reducing crime and developing such an
outstanding volunteer corp. As I had mentioned earlier, our program not only benefits
our organization, it also goes a long way towards improving the quality of life and
lifestyles that many of our senior citizens enjoy because of the services that are provided
through this program.
Let's face it, crime and the fear of crime is the number one concern and fear that
many of our citizens, especially senior citizens, are concerned about. This program has
provided thousands and thousands of our senior citizens with the peace of mind that they
can leave their homes without having to worry about being victimized. Our volunteers
have demonstrated a tree commitment towards improving the lives of their fellow senior
citizens and many others in our community.
Enclosed you will find a video tape clearly describing our program and the direct
benefits that it provides to the many senior citizens of our community. There is no
question that Delray Beach is a better place today because of our volunteers. It is our
intent to make this program even better in the future.
I believe that our volunteer program and the individuals that have contributed to its
success are truly deserving of your serious consideration for The Claude Pepper
Foundation Award.
ROSS LICATA, CAPTAIN
Director of Support Services
ppt
A~EA ~ODE NUMBER EXT~ION
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MADE IN U.S.A.
MESSAGE
news for
NEIGHB ORHO OD S
SEPTEMBER 1997 STATE HOUSING REPORT VICTORIOUS LIFEGUARDS
AVAILABLE FOR REVIEW RETURN FROM NATIONALS
The State Housing Initiative Program The Delray Ocean Rescue National
POLICE VOLUNTEERS WIN (SHIP) assists local governments in Lifeguard Team brought home 29 medals
PRESTIGIOUS AWARD meeting their needs as identified in the from the 1997 United States Lifeguard
The Delray Beach Police Department housing elements of the local Association's (USLA)National Champion-
volunteer program has been selected as the Comprehensive Plan. The City of Delray ships held August 6-11, 1997 in San
winner of the 1997 Claude Pepper Beach received approximately $300,000 in Diego, California. Their outstanding
Florida Cities Award for the municipality fiscal year 1996/97 for this program. The performance earned a sixth place team
with a population over 20,000. funds are used to assist first-time finish, the highest placing Florida team
The Foundation, located in Tallahassee, homebuyers with a down payment and among a distinguished field of over 40
was founded by the great Florida closing costs, and to rehabilitate existing agencies from all over the United States.
statesman, Claude Pepper, who served owner-occupied units. Assistance is The City of San Diego was the only
Florida as United States Senator for 14 provided in the form of a forgivable municipality to place higher than Delray
years and later as United States mortgage, and is available to very low and Beach. The other top finishers were from
Congressman for 26 years prior to his low income households, county agencies.
death. The purpose of the Foundation is to The SHIP Annual Report is now Key performers included Tom Swift,
carry on Senator Pepper's political aims available for public review and comment, who struck gold in the prestigious 400
and philosophies in bettering the lives of The report covers a three year period meter Surf Swim and in the Run Swim
the elderly, including 1995, 1996, and 1997. Copies Run events.
Over thirty entries from municipalities of the report can be viewed from Patricia Daymon, a veteran ocean
throughout the State of Florida were September 2-September 26 at City Hall lifeguard, garnered 11 medals, including a
submitted, with the Delray Beach program in the main lobby or north wing (Building repeat of last year's victory by capturing
coming out on top. The Police Division)lobby. Public commentsmustbe the gold medal in the International
Department will be presented with a check forwarded to the attention of Mike Simon, Ironwoman (Women's Senior Division)
by the Claude Pepper Foundation and the Community Development Division, 100 competition.
Florida League of Cities in the amount of N.W. First Avenue, Delray Beach, Florida Grant Whitcomb also had an excellent
$15,000 to go towards improving the 33444. All public comments must be showing, winning a gold medal in the
program. The presentation will take received by Friday, September 26, 1997. American Ironman (Senior Division).
place at the Delray Beach City All twelve members of the Delray Ocean
Commission meeting on September 9, 113~l"~%'~lll~"'l~l~¥111~l~lk'[~l~i Rescue Team made finals. The final medal
1997 at 6pm. COMING ....... SEPT. 22-28 count was four gold medals, seven silver
The Police Department's volunteer The ~___~.f~ATP/USTA medals, five bronze medals, five 4th place
program was featured in the July/August . . , . medals and eight 5th place medals.
issue of Community Policing Exchange, a
newsletter published by the Community at Delray Beach LIBRARY CARD
Policing Consortium. The program has Matches Start: SIGN-UP MONTH
more than 1,000 volunteers who deserve .~o,..~. 9 .~.x.~ · S~m~'~. S~t. ~0 n~
Final's- Sun. 1 PM The Dekay Beach Public Library is
all of the accolades for having made this Admission: FREE joining libraries across the country to
program such an overwhelming success .....
201 W. Atlantic Avenue · (1 Mile East of 1-95) remind parents and other concerned adults
~~~ (561)243-7360 that the most important school supply of
WHAT
ARE
YOU
DOING
~,~ ~,~ .....~ all is available free -- a library card.
NEWS YEAR'SEVE? ,a~tt:v~:~,~a~m~#~a:~ The American Library Association
Have you been spending too many New CITY TO PARTICIPATE IN recommends reading tO children at birth to
Year's Eves parked on your couch STATE TRUST FUND pave the way for learning. Taking children
watching the "Big Apple" drop in Times Commissioners passed a resolution to library storyhours is also advised to
Square because rowdy celebrations aren't authorizing the city to become a enable them to learn the fun of reading,
your style? Well, get ready to enjoy a participant in the Florida Municipal and to help their verbal development
safe, alcohol-free, family-oriented New Investment Trust as an alternative through stories, games and songs.
Year's Eve celebration here in Delray. investment vehicle. September is Library Card Sign-Up
This year, you can say "good-bye" to The trust was created by and for the Month. Be sure to go to the Delray Beach
1997 with seven hours of continuous benefit of governments and is an approved Public Library and sign-up your children
entertainment at 30 locations in the investment by the State of Florida. The with their very own library cards. For
downtown area. Sound fun? There's trust has a short-term bond portfolio and a more information on the special
more! Clowns, storytellers, and other long-term bond portfolio and consists of programs available at the Children's
children's activities will be capped-off by U.S. Treasuries, Federal Agency , Library~ call 266-0197.
fireworks at midnight! Securities, Instrumentalities and high grade I SEPTEMBER COMMISSION MEETINGS
Volunteers, sponsors, and promoters are Corporate Securities. I *9/9 Regular Meeting, 6pm
needed to help plan the First Night Investing in this trust will allow for 9/16 Workshop, 6pm
celebration. First Night buttons are being competitive diversification of city funds by 9/23 Regular Meeting, 6pm
sold for $5 which supports the cost of the investing in a state approved professionally *Due to the Labor Day holiday, the first
celebration and provides general admission managed portfolio of AAA rated meeting of the month was rescheduled to 9/9.
to events. For more information, call instruments.
Downtown Joint Venture at 278-0424.
DELRAY BEACH
OEL~V BEACH Published monthly as a public service by ~.~
The City of Delray Beach
AlI-AmedcaCity 100 N.W. First Avenue AII-AmericaCity
I I !!~ I~ ~Delray Beach, Florida(561) 243-7000 33444 I I !9!3 1J
~ Printed on Recycled Paper
Delray Beach Fire Rescue
RESERVE NOW FOR KIDSFEST DAY TRIPS
The Parks and Recreation Department is "IHISS SAIGON" KRAVIS CENTER
sponsoring the 8th annual Kidsfest on Saturday, October 18
Saturday, October 25 from 1-Spin. The Tickets and transportation
free event will be held at Veterans Park. Bus leaves Veterans Park at lpm
Children service organizations and Safety Tips Payment deadline: September 26
vendors wishing to educate parents and DROWNINGS ARE
children about their products, programs or PREVENTABLE! THANKSGIVING DAY CRUISE
services should reserve their exhibit space By Driver Engineer Gayl Nye Thursday, November 27
now. Cost of an exhibit booth is $20 for One of the most pleasant summer Discovery Cruise, two buffet meals
non-profit organizations and $40 for activities for adults and children is (including traditional turkey dinner),
businesses. The cost includes a table, two swimming. In Florida, water is entertainment. ($40)
chairs, table skirting and the organi- everywhere. Besides residential pools, Bus leavesSam, returns6pm
zation's name listed in the program, many homes are bordered by lakes, ponds Payment deadline: November 7
Assignments will be made on a frist-come, and canals. These bodies of water can be
first-served basis. For more information, dangerous for adults and very attractive for ALTERED STATES EXHIBIT
call Jennifer Buce at 243-7250. children. For this reason, the water can be AT PHOTO CENTER
deadly for young and old alike. A new exhibit, "Silvia Lizama: Altered
ALL ABOARD FOR Children are fascinated by water. States," opens at the Palm Beach
TEAM DELRAY BUS TOUR Unfortunately this attraction may lead to Photographic Centre on September 5.
The Chamber of Commerce is unnecessary drownings if children are not Photographs by the renowned Cuban-born
providing an excellent opportunity for supervised by adults in and around water. South Florida photographer bring together
area residents, business owners and In Florida, the highest drowning rates are wit and mystery in diverse subject matter
employees to become more know- in backyard swimming pools and involve ranging from 1-95 construction sites to
ledgeable on popular tourist attractions children under five-years-old. It is the Ecuadorean marketplaces. Her images
and their economic impact. The Team leading cause of death in this age group, exam the urbanization of South Florida
Delray bus tour and workshop will take The only foolproof way to prevent and lifts the relationship of man, machine
place on Tuesday, September 6, 9am- drownings is to provide adult and raw earth to mythical stature.
2:15 and Wednesday, October 8, supervision at all times. The public is invited to a reception
ll:15am4:15pm at Old School Square. Adults are also at risk for drowning, with the artist on Friday, September 12
The cost is only $8 per person. Space is Fear of water and poor swimming skills from 5:30-7:30pm. at the Centre located
limited, so call now for reservations. For account for the majority of adult at 55 N.E. Second Avenue. The exhibit
more information, call 278-0404. drownings, as well as swimming alone, continues through October 18. The Centre
Older adults who watch grandchildren is open Tuesday through Saturday, 10am
AROUND OUR TOWN have an added responsibility to prevent to 4pm. Suggested donation is $3. For
Want to learn more about your childhood drownings by not allowing more information, call276-9797.
community? Tune in to Adelphia Cable, lapses in supervision, being comfortable in
Sundays at 7:00 p.m. on channel 13 for a the water themselves, and knowing ADVISORY BOARD APPOINTMENTS
community-oriented program hosted by cardiopulmonary resuscitation (CPR). Board of Construction Appeals-Robert
Sid Snyder. Adults should always provide a G. Curde, Russell "Rusty" Warren.
Here's the upcoming schedule: "designated child watcher" to avoid the Board of Adjustment-Jess Sowards
9/7-Peter Nero, Florida Philharmonic child being alone in the water, even for a (reappointed), Perry DonFrancisco, Anne
9/14-Joe Gillie, Old School Square few seconds. Equally important is Hector (alternate), and Michael Goldman
9/21-Vic Knight, History of Big Bands providing adequate barriers of protection (alternate).
in a residential pool and preventing a child Historic Preservation Board-Tony
RECYCLING REMINDER from being in a community pool Keller, Debora Turner Oster
Recycling is in full force in our city and unattended. Older adults sometimes forget (reappointed), Anthony Damiano
participation levels continue to increase, how active small children are. Therefore, (reappointed).
Through our residential recycling vigilant supervision is a must. Site Plan Review & Appearance Board-
program, the city collects approximately Lastly, CPR is a skill that all caretakers David Martin, William Branning, E.
45 pounds per month per household. Our should know. Delray Beach Fire Rescue Conrad Sittler, Jr. (reappointed).
multi-family residents recycle 200,000 provides free CPR and Drowning Planning and Zoning-Carolyn Young
pounds. (100 tons) per month. Prevention Awareness classes to the (reappointed), Robin Bird (reappointed),
The city provides each resident with two community. For more information, call Patricia Archer (reappointed).
recycling bins. One blue bin and one 243-7425.
green bin. Please remember to only place
recyclable materials in your recycling The City shall furnish appropriate auxiliary aids
bins. and services where necessary to afford an individual
with a disability an equal opportunity to participate
If you need a recycling bin, please call in and enjoy the benefits of a service, program, or
Recycling Coordinator Karen activity conducted by the City. Please contact Doug
Aronowitz at 243-7138. Randolph, at (561) 243-7127, at least (24) hours
ICity of Delray Beach Ipri°rt°thepr°gratn°ractivityin°rderf°rtheCity
100 N.W. First Avenue to reasonably accommodate your request. For the
TDD line, call (561) 243-7199.
[Delray Beach, Florida 33444
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~Z~
SUBJECT: AGENDA ITEM #~A - REGULAR MEETING OF SEPTEMBER 9, 1997
NOMINATION FOR BEACH FUNDING SUBCOMMITTEE/PALM BEACH
COUNTY INTERGOVERNMENTAL COORDINATION PROGRAM
DATE: SEPTEMBER 4, 1997
The Palm Beach County Intergovernmental Coordination Executive
Committee has decided to establish a subcommittee to review the
issue of funding and funding sources for beach renourishment and
improvement projects within Palm Beach County. To this end, the
committee is soliciting nominations for membership from the
participants of the Intergovernmental Coordination Program.
I recommend that the City Commission approve the nomination of
John Walker, Project Coordinator, for consideration by the
Executive Committee. Mr. Walker is the project manager for the
City's coastal projects and would be an asset to the beach
funding subcommittee.
ref:agmemo7
Palm Beach County '"~'/'~ Clearinghouse
Intergovernmental Coordination 500 Greynolds Circle
Program Lantana, FL 33462
Mr. David Harden
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
August 25, 1997
Dear Mr. Harden:
At the Issues Forum meeting on May 14, Rich Waleskey of Palm Beach County Environmental
Resource Management made a presentation on the current level of funding and sources for beach
renourishment and improvement projects within Palm Beach County. He identified future needs
for these types of projects and discussed the likelihood of diminishing funding sources. Following
that presentation, a motion was made to form a subcommittee to identify funding and develop a
formula for distribution of funding for these projects given the potential reliance on local dollars in
the future.
On July 14, 1997, the Palm Beach Countywide Intergovernmental Coordination Executive
Committee reviewed a request from the Issues Forum and decided to establish a sub-committee to
review this issue. Further, the Executive Committee decided to solicit membership from the
participants of the Intergovernmental Coordination Program for this sub-committee. There were
no requirements as to who the members should be, therefore feel free to nominate elected officials,
managers, or other members of your staff for consideration. However, the Committee will be
trying to get representation from a cross-section based on size and geographic location.
At this time I would like to request that you submit nominations for consideration by the
Executive Committee at their meeting on October 6th. Please submit these to me no later than
Wednesday, September 17, 1997. Should you have any additional questions, please feel free to
contact me at 547-4615.
Sincerely,
Anna Yeskey
Clearinghouse Coordinator
cc: Diane Dominguez, Director of Planning and Zoning
[lTV OF OEL£ V
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
NI4tmmricaCity
99~Au~ust 27, ~ ~7
Ms. Anna Yeskey
Clearinghouse Coordinator
Palm Beach County
Intergovernmental Coordination Program
500 Greynolds Circle
Lantana, Florida 33462
Re: Beach Funding Sub-committee
Dear Ms. Yeskey:
This is in response to your letter of August 25, 1997, requesting a nomination from
Delray Beach for membership on the sub-committee. We recommend that John
Walker, Project Coordinator, and project manager for the City's coastal projects, be
considered by the Executive Committee. Attached is a biographical sketch of Mr.
Walker's coastal experience.
Should you have any questions, please call me.
Sincerely,
DAVID T. HARDEN
City Manager
S:~adv~beach\lCPCOMM1
THE EFFORT ALWAYS MATTERS
Printed on Recycie~ Pa~e~
BIOGRAPHICAL SKETCH
NAME: John Philip Walker
POSITION: Project Coordinator, City of Delray Beach, Florida
Project Manager of the Beach Nourishment Project, Sea Turtle Conservation
Program, and other shore protection projects. Project Coordinator for the
Comprehensive Plan and other planning projects.
COASTAL RELATED ACTIVITIES:
Delray Beach representative to the Palm Beach Countywide Beaches & Shores
Council, an advisory body to the County Commission.
Member of the Board of Directors of the Florida Shore & Beach Preservation
Association.
Former member of the South Lake Worth Inlet District Advisory Committee, an
advisory board appointed by the County Commission.
EDUCATION:
B.S., Geology, Florida Atlantic University, 1986
A.S., Land Surveying, Palm Beach Junior College, 1981
B.A., Geography, Florida Atlantic University, 1976
A.A., Palm Beach Junior College, 1968
EMPLOYMENT HISTORY:
1987 - present City of Delray Beach
1986 - 1987 Coastal Planning & Engineering, Inc.
1980 - 1985 City of Delray Beach
1978 - 1980 Palm Beach County
1977 - 1978 Broward County
1969 - 1974 South Florida Water Management District
U:BIOFSBPA
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # g~.- REGULAR MEETING OF SEPTEMBER 9, 1997
RESERVED TEE TIME PROGRAM FOR HOTEL GUESTS
DATE: SEPTEMBER 4, 1997
In January, 1996, the City Commission authorized Mr. Dubin to
institute a reserved tee time program at the municipal golf course
for hotel guests. While supportive of the program, Commission
wished to insure that it would have no adverse impact on resident
golfers and asked that the program be reviewed annually at budget
time.
Attached is a memorandum from Mr. Dubin in which he recommends
extending the reserved tee time program for an additional year.
The program has been incorporated into the golf course operation
without any detriment to our residents.
I recommend the reserved tee time program at the municipal golf
course for hotel guests be extended for another year.
ref:agmemo9
MEMORANDUM
DATE: September 2, 1997
TO: Bob Barcinski
FROM: Brahm Dubin ~
RE: Reserved Tee Times/
Delray Beach Golf Club
Dubin and Associates is requesting that we extend for
an additional year the reserved tee time program for Hotel
guests in its present form.
For the past two years Delray Beach Golf Club has
cooperated with various other public golf courses in Palm
Beach County in an attempt to attract golfers to our area.
Dubin and Associates is very aware of the need to
prioritize our tee time system in favor of the residents of
the City of Delray Beach.
We believe that we understand how to balance the
various needs of our golfers and have learned how to
incorporate this program with the various other programs in
place at Delray Beach Golf Club.
2. Bid award to Intercounty Engineering, Inc. as
lowest responsive bidder, for lift station reha-
bilitation in the base bid amount of $212,360 from
442-5178-536-61.83 through budget transfer from
61.84.
3. Bid awards through the Community Development Block
Grant Program to Preston Construction Company for
housing rehabilitation projects at 214 S.W. 14th
Avenue in the amount of $16,425, and at 805 S.W.
llth Avenue in the amount of $15,370, with funding
from 118-1963-554-49.19.
Bid award to Chaz Equipment Company, Inc. for
emergency sewer main repair in the Rainberry Bay
subdivision, in the amount of $19,590 from
442-5178-536-63.51.
5. Bid award to Softmart, Inc. for the purchase of
two-year Microsoft Upgrade Package and System
Management Software, in the amount of $38,585,
with funding from various departmental accounts.
6. Bid renewal award to Praxair, Inc. for C02/Carbon
Dioxide for the Water Treatment Plant, via joint
bid with the City of West Palm Beach, at an
estimated annual cost of $68,544 from
441-5122-536-52.21.
7. Bid award to Bell South Communications for pur-
chase of Meridian Norstar Telephone System for
Human Resources, Planning and Zoning, and the City
Manager's office, as well as a switchboard for the
receptionist, in the amount of $17,162.11 from
334-6112-519-64.12.
Mr. Randolph moved to approve the Consent Agenda,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski
- Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. RESERVED TEE TIME PROGRAM FOR HOTEL GUESTS: Consider
continuation of the reserved tee time program for hotel guests
originally approved on January 23, 1996.
Robert A. Barcinski, Assistant City Manager, stated
that in January, 1996, Mr. Dubin presented a program for a
tourist promotion which would allow him to work with the hotels
to reserve some tee times for hotel guests. At the time of
approval, the Commission requested a follow-up report to be sure
there was no adverse impact on the resident golfers. According
4 09/17/96
to Mr. Dubin's report, he indicated that there has been no
negative impact on the regular golfers.
Brahm Dubin, Dubin and Associates, gave a brief update
on the reserved tee time program for hotel guests and stated that
there has be no negative impact on the golfers from this program.
Mr. Egan moved to continue the reserved tee time
program for hotel guests with an annual review at budget time,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan -
Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote.
9.B. CONDITIONAL USE REQUEST/KIDDY KAMPUS NURSERY SCHOOL:
Consider a request for conditional use approval to reestablish a
child care center for Kiddy Kampus Nursery School and Kindergar-
ten. The subject property is zoned RM (Medium Density Residen-
tial) and is located on the east side of S.W. 10th Avenue approx-
imately 100 feet south of S.W. 1st Street. QUASI-JUDICIAL
PROCEEDING
The City Attorney stated this item will be conducted as
a quasi-judicial proceeding which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The Deputy City Clerk swore in those individuals who
wished to give testimony on this item.
Diane Dominguez, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents. She explained that this is
a conditional use to reestablish a day care center that was
recently closed and is now for sale. However, it is unlikely
that the property would be sold and re-occupied within the 180
day period as required by LDR Section 2.4.5(D) (5) which states
that when a conditional use has been abandoned for a period of
180 days (November, 1996), any re-establishment of the use
requires a new conditional use approval.
Kiddy Kampus Nursery School & Kindergarten was estab-
lished in 1960 with the construction of a 1,440 square foot
nursery school, and construction of an additional 2,003 square
foot child care center building, in 1966. The property owner has
decided to sell the facility after operating it for the past 36
years. The site was approved by HRS for a maximum enrollment of
68 children. Ms. Dominguez stated that the only issue with the
site is that it does not meet parking requirements. She stated
that this would not be feasible to bring it up to code because
they are not proposing to intensify the use but to continue the
use as it has been operating.
At its meeting of September 16, 1996, the Planning and
Zoning Board formally reviewed this item and the Board voted
-5- 09/17/96
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: /?/~':~obert A. Barcinski
I~" Assistant City Manager
DATE: September 2, 1997
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPTEMBER 9, 1997
APPROVAL - LOBBYING SERVICES AGREEMENT
ACTION
City Commission is requested to approve the proposed agreement for lobbying services
with Kathleen E. Daley and Associates, Inc. in the amount of $48,000 for fiscal year
1998. Funding would be available in City Commission budget account 001-1111-511-
34.90.
BACKGROUND
We have received a proposed agreement for FY 1998 for lobbying services from
Kathleen E. Daley and Associates, Inc. in the amount of $48,000. The term of the
agreement is from 10/01/97 through 09/30/98. The fee proposed is the same as it has
been the last two (2) years.
RECOMMENDATION
Staff recommends approval of the proposed agreement for lobbying services with
Kathleen E. Daley and Associates, Inc. for $48,000. Funding would come from City
Commission FY 97-98 budget account 001-1111-511-34.90.
RAB/tas
File:u:sweeney/agenda
Doc:kdaley.doc
Kathleen E. Daley
&Associates, Inc.
GOVERNMENTAL AFFAIRS
AGREEMENT FOR LOBBYING SERVICES
As Governmental Affairs Consultant/Lobbyist for the City
of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen
Daley & Associates, Inc., a public relations/political
consulting/governmental affairs firm, will continue to represent
the interest of the City before the Governor and Cabinet, State
agencies, and the Florida Legislature, which representation would
include attendance at all necessary ~ouse and Senate committee
meetings during each calendar year, necessary delegation meetings,
as well as the regular session and any relevant special sessions of
the Florida Legislature, and continue to monitor all legislation
affecting municipalities on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City of
Delray Beach, and managing partner of the account, working in
conjunction with the Delray Beach City Council, the Delray Beach
City manager, and other such staff persons within the City
Administration as they are related to my duties on behalf of the
City.
I will make myself available to the above-mentioned persons
and offices on both regular and "as needed" bases for the meetings
and discussions related to my duties on behalf of the City.
It is submitted that my services would be initially contracted
for a period of one (1) year from October 1, 1997 to October 1,
1998, to be reviewed for renewal by the Commission at the end of
said period.
One Capitol Place · 108 East Jefferson Street, Suite C · Tallahassee, FL 32301
(904) 222-0000 · Fax: (904) 222-0095
Kathleen Daley & Associates, Inc. is willing to undertake the
foregoing representation on the following basis:
1. Kathleen Daley & Associates, Inc. will be paid a
retainer in the total amount of $48,000.00 for the
contracted period due in twelve (12) equal monthly
installments payable by the 30th of each month
beginning in October of 1997.
2. Any additional "special project" work which may be
requested at any time by the City Commission or the
Office of the City Manager, and which falls outside
of my realm of duty as Governmental Affairs
Consultant/Lobbyist for the City, will be contracted
for separately and on a special project bases.
3. Either the City of Delray Beach or Kathleen Daley &
Associates, Inc., may terminate this agreement at
any time, pursuant to the following:
(i)If terminated by the City Delray Beach at any time
during the contracted period, for other than good
cause, Kathleen Daley & Associates, Inc. will retain
the total amount of $48,000.00.
(ii)If terminated by the City of Delray Beach at any
time during the contracted period, for good cause,
Kathleen Daley & Associates, Inc. will retain a pro-
rated to-date portion of the total amount of
$48,000.00. Good cause shall include but not be
limited to the arrest of any of the principals of
Kathleen Daley & Associates, Inc. and/or conduct by
any of the principals of Kathleen Daley &
Associates, Inc. which may subject the City of
Delra¥ or Kathleen Daley & Associates, Inc. to
negative publicity which would hamper the
effectiveness of Kathleen Daley & Associates, Inc.
in fulfilling their obligations under this
agreement.
(iii)If terminated by Kathleen Daley & Associates, Inc.
at any time during the contracted period, Kathleen
Daley & Associates, Inc. will retain a pro-rated to-
date portion of the total amount of $48,000.00.
4. This Agreement shall be executed as an original and three
counterparts.
WITNESSES: KATHLEEN DALEY & ASSOCIATES, INC.
ATTEST: CZT~ OF DEL~A~ B~ACH, FLORXDA
By:
city Clerk Mayor
Approved as to Form:
city Attorney
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~'D, - MEETING OF SEPTEMBER 9, 1997
AMENDMENT TO THE MEDICAL DIRECTOR AGREEMENT
DATE: SEPTEMBER 5, 1997
This is before the Commission to approve an amendment to the
Medical Director agreement with Randall L. Wolff, M.D. The
amendment extends the term of the agreement beyond September 30,
1997 to September 30, 1998, and allows for subsequent extensions.
Recommend approval of the amendment to the Medical Director
agreement.
Agenda Item-No.:
AGENDA REQUEST
Date: August 29, 1997
Request to be placed on:
X Regular Agenda
Speclal Agenda
Workshop Agenda When: September 9~ 1997
Description of'item (whO, what, where, how much): A~ended Agreement
with the MediCal Director to 9xtend the Agreement m~de November 9, 1995
· -for emergency medical services to the City. '
(Exam_pie: .Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/"RESOLUTION REQUIRED: ~E~/NO Draft Attached: YES/NO
Recommendation: Fire Chief recommends approval.
(Example: Recommend. approval with funding from Special Events Account
No. 001-3333-555-44.55).~ ~
Department Hea~ Signature:
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 ~anage~ Review:
Agenda Coordinator Review:
Received:
Placed on Agenda~
Action ~ Approved/Disapproved
CITY OF DELRrlV BEACH
FIRE DEPARTMENT SERVING DELRAY BEACH ° GULFSTREAM · HIGHLAND BEACH
DELRAY BEACH
Ali.America City
1993
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: SEPTEMBER 4, 1997
SUBJECT: AMENDMENT TO THE MEDICAL DIRECTOR AGREEMENT
The Fire Department and the Medical Director have agreed to an amendment to
the current agreement to extend the date of the agreement beyond September 30, 1997.
The City Attorney has reviewed and approved the amendment
to the Medical Director's agreement.
Fire Chief
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561} 243-7400 ° SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
AMENDED AGREEMENT
THIS AGREEMENT is made and entered into this __ day of ,
1997 by and between the City of Delray Beach, a Florida municipality, located in Palm Beach
County ("City") and Randall L. Wolff, M.D., a Florida licensed physician ("Medical
Director").
WITNESSETH
WHEREAS, the City and the Medical Director entered into an Agreement November
9, 1995 for the provision of Emergency Medical Services to the City; and,
WHEREAS, the City desires to extend the 1995 Agreement; and,
WHEREAS, the Medical Director also agrees to extend the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
City and the Medical Director agree as follows:
1. The recitations set forth above are hereby incorporated as if fully set forth
herein.
2. That paragraph 14 of the 1995 Agreement is deleted and a new Paragraph 14 is
hereby substituted to read as follows:
"14. The term of this Agreement shall extend to September 30, 1998,
with automatic one year renewals, unless this Agreement is
terminated by either party upon not less than thirty (30) days
written notice to the other party. This Agreement may be
amended from time to time, but only in writing in a form similar
to this Agreement."
3. That all other terms and conditions of the Agreement dated November 9, 1995,
remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor Jay Alperin, D.D.S.
Approved as to legal form and
sufficiency:
By:
City Attorney
Witnesses: MEDICAL DIRECTOR
Randal! L. Wolff, M.D.
wolff, agt
AGREEMENT
THIS AGREEMENT made and entered into as of the date
last written below, by and between the City of Delray Beach, a
Florida municipality, located in Palm Beach County (hereinafter,
referred to as "CITY") and Randall L. Wolff, M.D., a Florida
licensed physician (hereinafter referred to as "MEDICAL
DIRECTOR"),
WHEREAS, the City desires to employ a MEDICAL DIRECTOR
for the Emergency Medical Services provided by the Fire and
Emergency Medical Services Department, the Parks and Recreation
Department, and for other administrative purposes and functions;
and,
WHEREAS, the MEDICAL DIRECTOR desires to be employed by
the CITY as an independent contractor to supervise and accept
responsibility for the medical performance of Emergency Medical
Technicians (EMT's) and Paramedics functioning for the Emergency
Medical Services system of the Fire and Emergency Medical
Services Department of the CITY, under the provisions of Chapter
401, Florida Statutes; and Emergency Medical Technicians
functioning for the Parks and Recreation Department.
NOW THEREFORE, in consideration of the mutual promises
and benefits as set forth herein, the CITY and the MEDICAL
DIRECTOR agree as follows:
1. The MEDICAL DIRECTOR agrees to both directly and
indirectly supervise and accept responsibility for the medical
performance of Emergency Medical Technicians and Paramedics
functioning for the Emergency Medical Services System of the
CITY. Such supervision shall be accomplished by, though not
limited to:
a. Direct observation of Paramedics and Emergency
Medical Technicians on rescue calls and at
emergency scenes;
b. Monitoring of radio transmissions to emergency
facilities;
c. Review of rescue incident reports, and the
administration of a local quality assurance review
process; and
d. Conferences and/or meetings in both individual and
group situations.
Medical Director Agreement Page 2
These duties will be performed by the MEDICAL DIRECTOR at his/her
convenience as often as is necessary to insure that proper
medical standards and procedures are being followed. The MEDICAL
DIRECTOR shall provide the Fire Chief written quarterly reports
regarding efficiency and effectiveness and general performance of
the Emergency Medical Services System. Said reports shall be due
in the Office of the Fire Chief on January 15th, April 15th, July
15th and October 15th respectively.
2. The MEDICAL DIRECTOR shall be responsible directly
to the Fire Chief of the CITY and to the Director of Parks and
Recreation with reference to EMT's in that department; provided,
however, that nothing herein shall in any way authorize any
limitation or restrictions by the CITY on the professional acts
and advice of the MEDICAL DIRECTOR. It is recognized that the
MEDICAL DIRECTOR is otherwise employed as a physician, and
nothing herein shall limit or otherwise restrict the MEDICAL
DIRECTOR'S right to continue such employment and practice,
consistent with this agreement.
3. The MEDICAL DIRECTOR shall perform all services
required of him pursuant to Chapter 401, Florida Statutes, and
applicable rules of any governmental agency implementing said
Chapter or other established duties required to be performed by
said MEDICAL DIRECTOR, or upon notice from the CITY that such
additional duties have been established by the Florida Department
of Health and Rehabilitative Services. The MEDICAL DIRECTOR may,
subject to the approval by the Fire Chief, utilize the services
of a Physician's Assistant to provide certain adjunct services
and support functions related to the duties of MEDICAL DIRECTOR.
4. The MEDICAL DIRECTOR shall be directly responsible
for the medical performance of Emergency Medical Technicians and
Paramedics functioning for the CITY and shall have full authority
to direct and supervise their medical activities. The MEDICAL
DIRECTOR shall give necessary instructions to and interview and
consult with EMT's and Paramedics and supervise and arrange such
in-service instructional sessions, or promulgate such rules and
directives as may be necessary to assure that all medical
services performed by EMT's and Paramedics are in accordance with
proper medical standards and procedures. In addition, the
MEDICAL DIRECTOR shall participate in Paramedic staff meetings at
a time and date mutually agreeable with the MEDICAL DIRECTOR and
the Fire and Emergency Medical Services Department; provide
sufficient lecture and other materials to insure that quality
pre-hospital ~emergency medical services are provided by the
City's Paramedics and EMT's; review and comment on content and
emphasis on all elements of in-service training and testing
procedures; and shall initiate a review of all medical protocols,
and the Memorandum of Understanding pertaining to medical
treatment between the Fire and Parks and Recreation Departments
Medical Director Agreement Page 3
at least every six months to determine their applicability and
appropriateness with respect to the then acceptable emergency
procedures. Recommended revisions of said protocols shall be
furnished to the Fire Chief, and where applicable to the Director
of Parks and Recreation, for implementation.
5. The MEDICAL DIRECTOR will:
a. Assure the continuous availability of at
least one responsible physician, to be designated as an Assistant
Medical Director while performing the duties required of the
Medical Director, and determine the qualifications necessary for
said physician to provide responsible supervision of the
Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will
notify the Delray Beach Fire and Emergency Medical Services
Department and the Parks and Recreation Department whenever
he/she will be unavailable for whatever reason, and will attempt
to provide 24 hour prior notification of such unavailability
except under emergency circumstances. Such notification shall be
given to the Office of the Assistant Fire Chief - Operations, and
the Supervisor of the Beach Patrol.
bo Provide liaison services as required and
requested between the Fire and Emergency Medical Services
Department of the CITY and/or the Parks and Recreation Department
of the CITY, and other departments, divisions, boards and bodies
of the CITY, the County or the State as well as educational,
other governmental, or medical agencies or institutions relating
to the provision of Emergency Medical Services.
c. Retain the ultimate authority to permit or
deny any Paramedic or EMT the utilization of advanced life
support techniques, basic life support, patient assessment, or
patient stabilization procedures.
d. Upon request, the MEDICAL DIRECTOR shall
advise the Fire Chief and/or the Director of Parks and Recreation
on disciplinary recommendations related to medical care.
e. Upon request, participate in the design and
structure of selection procedures for entry level personnel.
f. Upon request, consult with the Fire Chief
regarding promotional testing criteria for incumbent personnel.
g. Upon request, advise the department on an
appropriate manner by which to address incidents in which an
employee of the Fire and Emergency Services Department or the
Parks and Recreation Department, has been, or may have been,
exposed to infectious diseases or hazardous materials.
Medical Director Agreement Page 4
h. Upon request, maintain data regarding the
status of the aforementioned employees who have been, or may have
been, exposed to infectious diseases or hazardous materials.
i. Meet regularly with the Fire Chief to review
and discuss quality assurance standard's and outcomes consistent
with the provisions of applicable administrative rules and
regulations.
j. Serve as the Fire Department's Physician for
the purpose of providing advice, recommendations and consultation
to the Fire Chief in matters pertaining to occupational safety
and health issues.
6. The CITY agrees to perform and accept the
following duties and responsibilities:
a. The CITY shall meet all applicable standards
and requirements of the State of Florida for certification as an
advanced life support provider, and shall remain so certified by
the State. The CITY shall further insure that its employees,
where applicable, become and remain certified as appropriate
under the laws of the State of Florida.
b. The CITY agrees to participate and agrees to
cause its employees to participate in all applicable county,
regional, state, or national emergency medical system programs
required by law.
c. The CITY shall insure that Paramedics, and
Emergency Medical Technicians participate in educational programs
and activities deemed necessary by the CITY.
7. Because the MEDICAL DIRECTOR may be subjecting
himself to the risk of certain liabilities by entering into this
agreement, the CITY will obtain and pay the annual premium on a
medical malpractice insurance policy insuring the MEDICAL
DIRECTOR against liability arising out of negligent acts or
omissions of the MEDICAL DIRECTOR in the performance of his
duties as MEDICAL DIRECTOR during the term of this Agreement. If
this insurance policy provides coverage on a "claims made" basis,
the CITY shall continue to provide and pay the premium on this
policy for a coverage period ending not less than four (4) years
following termination of employment of the MEDICAL DIRECTOR. The
provisions of this paragraph shall survive termination of this
Agreement, regardless of whether termination is by the MEDICAL
DIRECTOR or by the CITY, or by expiration of the term of this
Agreement, until four (4) years after termination.
Nothing in this Agreement shall be construed as
expanding the liability of the MEDICAL DIRECTOR beyond that
provided for in the laws of the State of Florida and such valid
regulations as may be promulgated thereunder.
Medical Director Agreement Page 5
8. The MEDICAL DIRECTOR shall also be covered by the
CITY for administrative acts or decisions under the CITY'S master
errors and omissions policy.
9. The MEDICAL DIRECTOR shall be paid the sum of Two
Thousand Dollars ($2,000.00) per month, for each calendar month
during the term of this Agreement; provided, that if the annual
budget as adopted by the City Commission of Delray Beach for any
fiscal year of the CITY fails to provide sufficient funds to pay
the MEDICAL DIRECTOR as provided herein, this Agreement shall be
deemed terminated immediately upon the adoption of the budget,
without further notice or action by either party. Payment by the
CITY shall be to whomever the MEDICAL DIRECTOR designates in
writing.
All persons employed by the CITY who are subject
to the medical supervision of the MEDICAL DIRECTOR, to include
without limitation Emergency Medical Technicians and Paramedics,
shall not be considered or construed to be employees of the
MEDICAL DIRECTOR, but rather are and shall be considered and
construed to be solely the employees of the CITY. The CITY shall
pay all wages, worker's compensation, unemployment, and social
security taxes applicable thereto.
10. For the administrative purposes of this Agreement,
the MEDICAL DIRECTOR shall be directly responsible to the Chief
of the Fire .and Emergency Medical Services Department of the
CITY. The Fire and Emergency Medical Services Department will
provide administrative and secretarial support to the MEDICAL
DIRECTOR through the Office of the Fire Chief.
11. The Fire and Emergency Medical Services
Department, through the Office of the Fire Chief, and the Parks
and Recreation Department through the office of the Director of
Parks and Recreation shall cooperate to the greatest possible
extent in the delivery of competent emergency medical care, and
shall make every effort to comply with all directives and
procedures of the MEDICAL DIRECTOR relating to the quality and
quantity of care rendered by the emergency medical system and
shall also make every effort to see that its employees comply
with the directives, policies and procedures established by the
MEDICAL DIRECTOR.
12. The MEDICAL DIRECTOR shall be a Florida State
licensed physician who is also:
a. ACLS (Advanced Cardiac Life Support) provider
with instructor certification, and is an ACLS affiliate faculty
member of the American Heart Association; or
Medical Director Agreement Page 6
b. A Board-Certified Emergency Physician, or who
has been previously employed or is currently employed as an
Emergency Department Physician; and
c. Maintains official privileges and affiliation
with one or more of the following medical facilities: Bethesda
Memorial Hospital, Delray Community Hospital, Boca Raton
Community Hospital, or John F. Kennedy Hospital.
13. A current copy of all required licenses,
privileges and certifications shall be furnished to the Office of
the Fire Chief at the time of execution of this agreement.
14. The term of this Agreement shall be from the date
herein through September 30, 1996, with automatic one year
renewal, unless this agreement is terminated by either the CITY
or the MEDICAL DIRECTOR upon not less than thirty (30) days
written notice to the other party. This Agreement may be amended
from time to time, but only in writing in a form similar to this
Agreement.
In WITNESS WHEREOF, ~s have executed this Agreement
on the ~ _~3~ day of~ , 19 ~ , in the City
of Delray Beach, Florida.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
City Clerk
WITNESSES:
Approved as to form and legal
~-/~~1 ty A~torney
Medical Director Agreement Page 7
State of .Florida
County of Palm Beach
The foregoin9 instrument was acknowledged before me
this 31st day of October , 1995, by Randall L. Wolff
who is personally known to me X~~~~XXXXXXXXXXXXX
S~gnature ~ Notary Public-
State o~f Florida
Tammy A. Wheat leV
Print, Type of Stamp Name of
Notary Public
.~..,~ ~:,, Ja.ua~ 31,
,,~r,,,T,%,' gONi~O TI48U 1'80Y F,~JN il~, I1,~.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: {~j~obert A. Barcinski
v- Assistant City Manager
DATE: September 2, 1997
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPTEMBER 9, 1997
APPROVAL/LEASE AGREEMENT AMENDMENT - OLD SCHOOL
SQUARE
ACTION
City Commission is requested to approve an amendment to our lease agreement with
Old School Square to revise the insurance provisions of the lease agreement to reflect
past practice concerning general liability, property, and automobile liability insurance.
BACKGROUND
In the past the City has assumed liability for property insurance for buildings. The
original lease was recently reviewed by our Risk Manager and Torrey Everett from Old
School Square. The original lease required Old School Square to provide property
insurance. This was not the original intent, and infact the City has been covering the
property insurance. Paragraphs "A" and "C .... Exhibit C" have been re-written to clarify
contract language.
RECOMMENDATION
Staff recommends approval of the proposal amendment to our lease with Old School
Square as presented.
RAB/tas
File:u:sweeney/agenda
Doc:osslease.doc
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
' ll Z
1993
TO: Robert A. Barcinski, Assistant City Manager
FROM: David N. Tolces, Assistant City Attorney'~
SUBJECT: Amendment to Old School Square Lease Agreement
Attached is a revised Amendment to the Lease Agreement with Old School Square. The
revision includes the changes made by Frank Babin regarding the amount and types of
insurance. The amendment would require Old School Square to maintain property
insurance to cover the replacement value of the contents and for the value of the
improvements installed or acquired at Old School Square's expense.
The agreement should be executed by the appropriate Old School Square official and
notarized prior to City Commission consideration. If you have any questions, please
call.
DNT:smk
Attachment --
oss.dnt
cc: Frank Sabin, Ris~c Manager
MEMO
School
Square ~sS~sra~r
ARTS CENTER
TO: Robert Barcinski, Assistant City Manager
Fro m: Torrey Everett
Date: August 25, 1997
Regarding: Lease Amendment for Old School Square
It has always been our mutual understanding and intention that, with regards to insurance, Old
School Square would be responsible for risks and property inside the buildings and the City
would assume the risks outside the buildings. I understand that until this year, the City did in
fact insure for risks outside the buildings, including the buildings themselves. We recently
discovered that the lease (specifically Exhibit C to the lease) is not in agreement with that
understanding.
The enclosed amendmem rectifies this situation, and we would be grateful for the City's
execution of this amendment.
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE is made this ~ day of , 1997
between the CITY OF DELRAY BEACH, a Florida municipal corporation (the City) and
OLD SCHOOL SQUARE, INC. (OSS).
WlTNESSETH:
WHEREAS, City and OSS entered into a Lease Agreement dated July 31, 1989,
amended May 18, 1995 and July 19, 1996; and
WHEREAS, City is responsible for the maintenance of the exterior of the buildings
and for the grounds of the leased premises; and
WHEREAS, City and OSS wish to amend said agreement, Exhibit "C', Paragraph A,
"Public Liability Insurance" and Paragraph B, "Property Insurance".
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties, the lease is amended as set forth hereinafter.
1. Paragraph A, "Public Liability Insurance" of Exhibit "C" to the Lease
Agreement dated July 31, 1989, as amended, is hereby replaced in its entirety with the
following:
A. General Liability Insurance: City shall maintain general liability
insurance, or otherwise assume the risk, for claims for bodily injury and property
damage arising from events occurring outside the buildings. OSS shall maintain
general liability insurance in coverage limits of no less than One Million Dollars
($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the
aggregate for claims for bodily injury and property damage for events occurring inside
the buildings.
2. Paragraph B, "Property Insurance" of Exhibit "C" to the Lease Agreement
dated July 31, 1989, as amended, is hereby replaced in its entirety with the following:
B. Property Insurance: The City shall maintain property insurance, or
otherwise assume the risk, for the perils of all risks in an amount equal to the
replacement value of the buildings. OSS shall maintain property insurance for the
perils of all risk in an amount equal to the replacement value of the contents of the
buildings and for the value of improvements installed or acquired at the expense of
OSS.
3. Paragraph D, "Automobile Liability Insurance" of Exhibit "C" to the Lease
Agreement dated July 31, 1989, as amended, is hereby replaced in its entirety with the
following:
D. Automobile Liability Insurance: OSS shall maintain owned, non-owned,
or hired automobile liability insurance in the amount of One Million Dollars
($1,000,000.00) per occurrence for bodily injury and property damage.
All other terms and conditions of the lease dated July 31, 1989, as amended, except as
expressly modified herein shall remain in full force and effect.
IN WITNESS WHEREOF, City and OSS have executed this Amendment to Lease as
of the day and year written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
WITNESS: OLD SCHOOL SQUARE, INC.
~'~' 5[t ~t ~-~ )~'~C~ Title: ~'~.e,~, ~]er. ~
Print Na~e: -,. '~, 'r_¢,~.~e~.,-, ~<.~ ~ t~ ~.'
(SE L)
STATE OF FLOR/DA
COUNTY OF t c_
The foregoing instrument was acknowledged before me this .5~.0qb-day of
t.~ ~j t.i ~-f , 1997 by ~ c. 5C / ) ~.51~: , ~ (name of officer or agent, title of
,. "' *, ~ (name of co~oration ac~owledging), a
officer or agent) of
(state or place of inco~oration) co~oration, on behalf of the co~oration.
He/She is personally ~own to me or-.ha.~pro~ (type of
identifi~.ioOas idemification and did .... ~pB.lake an oath.
'. i'.:q ..' ~"' di.'~',~'" , .
Signamre of Fotary ~blic - State
of Florida
-- "li
3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF SEPTEMBER 9, 1997
AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY / SANDOWAY PROPERTY
DATE: SEPTEMBER 5, 1997
This is before the Commission to approve an amendment to the
interlocal agreement with Palm Beach County relating to the
Sandoway property. This amendment would allow the addition of 30
parking spaces, to be provided by the City on-site as well as
within the City's adjacent parking lots on the north and south
sides of the property.
The amendment has been reviewed and approved by the City
Attorney.
Recommend approval of the amendment to the agreement with Palm
Beach County relating to the Sandoway property.
Denise Distel Dytrych
co..ty ^t~ey August 15, 1997
P.O. Box 1989
West Palm Beach, FL 33402-1989 David T. Harden, City Manager
(561) 355-2225 City of Delray Beach
Suncom: (561) 273-2225 1 00 N.W. 1st Avenue
F~: (561) 355-4398 Delray Beach, Florida 33444
http:llwww, co.palm-beach.fl.us
Re: Parks - Sandoway Property
· Dear Mr. Harden:
In accordance with your request, we have prepared and are delivering to you
~.,.m Be.ch Co..ty herewith a draft of an Amendment to the Interlocal Agreement between the
Board of County
Commissioners County and the City of Oelray Beach relating to the Sandoway Property.
Please contact me after you have reviewed the same so that we may discuss
Burt Aaronson, Chairman
any questions or comments you may have relating to it and its execution.
Maude Ford Lee, Vice Chair
I~ren T, Marcus Very truly yours,
Warren H. Newel!
Mary McCarty Howard d. Falcon III
Assistant County Attorney
Ken L. Foster
HJF:cmm
County Administrator Enclosure
Robert Weisman, P.E.
cc: Robert Weisman, County Administrator
Dennis Eshleman, Director, Parks & Recreation Department
Gordon P. Selfridge, Chief Deputy County Attorney
Ross C. Hering, Director PREM
G:\COMMON\VVPDATA\GENGOVT~HFALCON\HARDEN.LTR
'An Equal Opportunity
Affirmative Action Employer'
~ pdnted on recycled paper
AMENDMENT TO INTERLOCAL AGREEMENT
THIS is an AMENDMENT TO INTERLOCAL AGREEMENT made and
entered into the day of , 1997, by and between PALM
BEACH COUNTY, a political subdivision of the State of Florida ("County") and
the CITY OF DELRAY BEACH, a municipal corporation existing under the laws
of the State of Florida ("City").
WITNESSETH:
WHEREAS, County and City entered into that certain Interlocal
Agreement dated July 25, 1995 (R 95-992-D) relating to acquisition of certain
property across from the City's municipal beach ("the Interlocal Agreement");
and
WHEREAS, the Interlocal Agreement imposes certain obligations upon
City relating to parking at or adjacent to such property; and
WHEREAS, City has requested that such obligations be modified and
County has agreed to modify the same.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
1. The foregoing recitals are true and correct.
2. Paragraph 5 of the Interlocal Agreement is hereby modified by
deleting the first two sentences thereof and substituting the following in their
stead:
City agrees that as an inducement to County to acquire the
property on behalf of the City, City shall develop the property
and City's adjacent parking lots on the north and south sides
of the property to provide as many new parking spaces as is
reasonably practical, but in no event, less than thirty (30)
new spaces. City acknowledges that this may require the
modification of its existing parking lots.
IN WITNESS WHEREOF, the parties have caused this Amendment to
Interlocal Agreement to be executed as of the date set forth hereinafter.
ATTEST: COUNTY
(Seal) PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the
State of Florida
DOROTHY H. WlLKEN, Clerk
BY ITS BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chairman
Date
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
County Attorney
ATTEST: CITY:
(Seal) CITY OF DELRAY BEACH, FLORIDA, a
municipal corporation
City of Delray, Clerk
By: By:.
Clerk Mayor
Date
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
City Attorney
G:\COMMON\WPDATA\GENGOVT\HFALCON\FORMS\AMEN-INT.AGR
2
DELRAY BEACH
Delray Beach Police Department
AII-AmericaCity
(561) 243-7888 Fax (561) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager
Brian Shutt, Assistant City Attorney
FROM: Ross Licata, Captain
Director of Support Services
DATE: August 29, 1997
SUBJECT: SOUTH PALM BEACH COUNTY PUBLIC SAFETY
COMMUNICATIONS COOPERATIVE
INTERLOCAL AGREEMENT
It appears that the three cities have finally come to a consensus regarding the verbiage of
the attached Interlocal Agreement. Each municipality has reviewed and recommended
changes that now appear to be acceptable to everyone. Please take a look at the final
draft to ensure that the document meets with your approval and is in the best interest of
the City of Delray Beach. If we are all in agreement, it is my recommendation that we
move forward to the next phase regarding the upgrade of our Communications Center. It
is my understanding that the agreement will be presented to the Commission in Boynton
Beach and Boca Raton on September 9th for approval.
If you have any further recommendations or comments, please forward them to me so I
can ensure they are included in the agreement. If I can be of any further assistance,
please do not hesitate to call me.
RL/ppt
Attachment
cc: Chief Overman
Assistant Director Lunsford
Manager Kristiansen
o9.'o4/97 THI_T 13:30 FAX 407 278 4755 DEL BCH ¢'T¥ ATTY -~-~-~ CITY HALL ~]002
CITY OF
CITY ATTORNEY'
AII4~ca CI~ M EMORAN D Ll
II
t~9; TO: Ross t. icata. Captain
Director oF Support Se~ices
F~OM: Brian Shutt, Assistant City Attorney
SUBJECT: South Palm Beach County Public Safety Communications
Cooperative Interlocal Agreement
Our o{~ce has reviewed the latest drat~ or' the above menti~med agreement and have no
objections as to its form.
Please call if you have any questions.
DELRAY BEACH POLICE DEPARTMENT
TO: Capt. Ross Licata
Director, Support Services
FROM: Jeffrey W. Kristia .~ ·
Manager, Communicatidns
DATE: August 29, 1997
SUBJECT: Interlocal Agreement Final
The attached interlocal agreement represents what I believe to be the final
version. Changes recommended by City Attorneys and Communication
Managers from each of the three parties have been incorporated. I feel that
this agreement is in the best interest of the City of Delray Beach.
The agreement is scheduled to go before the Boca Raton City Council on
September 9th. Boca Raton and Boynton Beach have elected to have their
respective Mayors enter into this agreement.
This final product represents countless hours of research and rewhte. It is my
hope that we can finally come to closure and allow OMNICOM to proceed
with the planning and acquisition of this state-of-the-art communication
system.
JWK
I l{ T E R ~- O C A T- A G R E E M ~- N T
to establish
South Palm B~ach County Public ~afety Communications Coopexative
This Ag-reement. entex~d into this 9th day of September. 1997. by
and between the CITY OF BOCA P, ATON. the CITY OF DELRA¥ BEACH and the
CITY OF BOYNTON BEACH. all Florida municipal corporations located in
the County of Palm Beach, hereinafte~r referred to a~ the "Particle".
V I T N E S S E T H:
~HEREAS, each of the parties presently maintains a police/fire
department with radio communications services, and
~HEI~EAS, it is deemed mutually advantag~ou~ to enter into this
Agreement for the exp:z'~s p~ of cooperating in the provision of
communicating service~ without x~zjard to tex~ritorial boundaries, which
shall benefit mutually and equally the citizens of each of the pamtiesj
NOV THEREFORE,
T~otion 1. The Pa~ties, in consideration of the mutual px~mises and
benefits hereinafter set forth, the x~ceipt of which is hereby
acknowledged, do hereby agree as follows;
A. This agreemc~nt constitutes an interlocal agreement authorized b~
Section 163.01, Florida Statutes, being a joint exercise of power shax~d
in common which any City could exercise separately and shall be filed
with the clerk of Palm Beach County, Florida.
B. The purpo~ of this Agreement is to provide for the establis~=nt
and operation of a cooperative local government and public ~afety
communication radio system for the mutual advantage of the cities.
C. There is hereby created an administrative agency to be entitled the
~outh Palm Beach County Public ~afety Communications Cooperative, herein
after r~ferred to as "PSCC". The P~CC shall have the following general
powers by the parties:
l. Lease, sublease or be assigned the lease of real property from
any political subdivision of the State of Florida;
2. Receive funds, including gifts, 9-rants and bequests, f~om any
soux~ue, public or private, provided that no power to levy taxe~ c~
a~essments be inferred hez~from;
3. Improve and maintain any and all r~al property aoquimd bF
lea~e, subl~s~ o~ a,~signment of a lease;
4. Purchase, lease and install fixtures and moveable propB~ty
appropriate to a local government and public ~afety radio Backbone
System;
5. Enter into contracts; and
6. Exercise any other power that may be neoese~my for the operation
of a cooperative local government and public ~afety radio Backbone System
or that may hereafter be agx~ed to by all Cities if within the common
powers of all Cities;
?. Hold titles and licenses for the operation of the radio Backbone
System.
D. The PSCC shall be governed by a board of thr~ persons to b~ known as
the Board of Directors, which shall consist of the chief administrative
offic~x of each City or other designee. A chairperson and a s~cretary
shall be selected by and from the Board membership. The chairperson and
secxetamy shall serve for a term of one yea~ and may sex~e ~u~ive
terms without limitation. Board membel~S shall serve without compensation
from PSCC; however, any City may reimburse the member r~pr~nting that
City for expenses incurred in the attendance at meetings. Each Board
member shall be entitled to one vote. T~e pl~ssenc~ of a representative of
each party shall be required to constitute a quorum. Action of the Board
shall be by vote of not less than a majomit¥ of the Boaz~. Each chief
2
administrative officer shall ~elect ~n altec-hate member for the ~.
who shall ~e~ve in the ~b~en~e of the ~l~r mem~r for whom he or
i~ ~ alternate. The ~ ~11 ~t~li~h ~uch p~~al ~1~ ~d
r~l~ti~ f~ the ~duct of its m~tin~m ~s it m~ d~m n~y. The
~rd shall m~t quart~ly ~d at ~uch oth~ tim~ ~ t~ ~ ~hall
det~ine. All d~isio~ of the ~ shall ~ publi~h~ in a =et of
minute, prepar~ by a r~ing ~t~ ~l~t~ by the ~.
minut~ shall ~ ~~ ~ distri~t~ to the chief
offi~= ~d city clerk of ~ch of the P~ti~ within fift~n
foll~ing ~oh ~ting of the ~.
E. ~e ~ of Dir~to~ may a~ign ~tions relating to th~ daily
administration ~d o~mation of the function of the ~ma~i~tions radio
system to a co~itt~ which =hall ~ known a= the Administration
~uitt~. The A~inistration ~mmitt~ shall ~nsi~t of
~~tatiwe of ~ P~tF to ~ ap~int~ ~ that P~ty's chief
a~inistratiwe offi~r. It is the intent of thi~ A~ment that
ap~intment~ will ~ made f~ Co~uni~tions ~nt~ Manag~ an~
Director. An alternate ~ shall ~ ~l~t~ ~ ~ch chief
administrative offi~ to ~rve in the a~n~ of the re. far
~h me~r of t~ Administration ~mitt~ shall ~ entitl~ to one
vote. ~e ~itt~ shall m~t at s~h times ~ the ~mmitt~ d~
~F City maF ~im~ the ~ ~p~ting the City for
inc~ in the attend~ at m~ting~. All attics of t~ ~mitt~
shall ~ ~j~t to the review ~d a~val of the ~ of Di~to~.
F. It is the intent of this Agreement that the P~CC .~hall be e~tablished
with Local Government and Public Safety radio communications as the main
function of operation. However. the Board of Dir~ctor~ may from time to
time, subject to the approval of the governing bodies of all Parties, add
additional functions as it may deem to be in th~ best intents of the
public.
G. The Administration Committee shall prepare the annual operation
budget for submission to the Board of Di~to~m. The Administration
Committee ~hall keep an ac~nu~ate ac~nounting of the financial operation of
the P~CC and ~hall report quarterly to the Board of Di~ntor~ on the
financial condition of the P~CC.
H. The annual budget of the P~CC shall be approved by the Board of
Directors and ~d~mitted to the chief administratiwe offic~s of the
Cities no later than July 1 of each year. The fi~t fiscal year of the
P~CC shall begin with the eff~tiwe date of the Ag~e~meat, and shall
thereafter be concurrent with the fi~-al year~ of the Cities. The annual
budget for the first fi~al year of the P~CC shall be prepax~t and
adopted by the Board of Directore no later than thirty days following the
effectiwe date of this a~ement.
~tion 2. DEFINITIONS
"800 ]~tzJUHF T~UN~k~ SI~]~CA~T RADIO (~R) System" o~ "~y~t~"
~11 m~ ~ ~nti~ty of the jointly~h~red ~ ~tem, to include
~~e Items ~nd U~r ~ific Item~, a~ ~uch ~ystem will e~i~t
followin~ th~ ~pleti~ of the ~j~t.
"~~e System" shall m~n th~ ~n-u~ ~ific ~l~m~nts of
t~ 9y~tem which ~hall ~ jointly u~ or ~ ~ the P~ti~ ~d mhall
include, but ~t ~ limit~ to. t~ ~n~truction. m~ifi~ti~ ~dz~
f~ni~hin9 of new ~ existing tr~mitterz~iwin9 ~it~ ~d ~lat~
su~y~t~ as ~ir~ for ~u~ ~ystem; the ~n~tr~tion and/or
m~i~i~ti~ and out-fitting of new ~ ~i~ting ~i~t ~t~m~e
faciliti~ at ~u~h ~it~; ~rity o~ ~uch item~, ~ ~tatio~,
4
transmitters/ r~c~sivers, microwave sub=Fste~a, trunking/simul~st
controllers/ system managers, related software and any other jointly used
or shared items.
"FCC" shall mean the Federal Communications Commi~ion or any
successor agency.
"Project Coordinator" shall m~n th~
~ratiwe to ~ ~nsible for t~ interfa~ ~tw~n the Parties ~d
t~ daF-t~aF ~inati~ and a~ag~ent of the P~ject d~ing the
pl~ing ~d ~t~ction pha~. ~e P~j~t ~inat~
the duti~ a~i~ ~dem this ~d ~y othe~ A~ent ~t~n the
P~ti~ relating to the ~j~t ~ the o~ration and mainten~ of the
"P~o~t T~m" ~hall m~ the t~ ~mpo~ of repre~ntatiw~
d~i~t~ ~ ~h P~ty to advi~ the Pro~t ~in~t~.
"U~r ~ific Item" ~all m~ th~
~i~ for ~ P~tv'~ i~ividual ~i~tion~
in~tall~ ~nd~or u~ i~iwidually ~ ~ch P~ty ~d ~hall include, but
not ~ limit~ to, radi~, dis~tch con, les, ~c~tion devi~,
~puter terminals, and other ~i~ti~s s~ruct~. ~oh P~ty
shall ~ r~sible for developing its o~ ~ui~m~ts for U~r
~ific It,s ~d ~ising t~ installati~ th~f at
dete~in~ by ~ch Party.
~tion 3. TI~E TO BAC~NE S~
The ~C shall hold title to the
~ftw~e r~ui~ for the o~ration of t~
li~ in ~r~tuity to the ~C wither ~t in a m~er whi~ will
~rmit its inde~dent u~ bF ~h Party, ~ i~l~e ap~iate
warranti~ running di~tlF to the ~C.
Section 4. TORT LIABILIT~
To the e~tent permitted by law. Boca I~aton. Delra¥ Beach and
Bo?nton t~ shall each be responsible for its own negligence. Nothing
herein shall be deemed to waive any immunities granted pursuant to
E~ction 768.28, Florida ~tatutes.
Section 5. VlTHI)RA~AL FRON 800 ]~Hz/UHF TSR
Aft~ the ~tr~t(s). p~u~t to the p~visi~s of ~ti~ 1.C.
~ve ~s ~n ~ut~, ~d installati~ of the ~j~t ~
pu~uant to such ~nt~act(s), anF P~tF maF, u~ t~ (3)
~itten noti~ or u~n non-ap~o~iation of f~ds, a~ d~i~ ~1~,
w~thd~aw f~m th~ ~stea ~d t~m~nat~ t~e~T intent En th~ a~ent.
A. In th~ event that prior to th~ ~ of th~ then ou~nt fis~l ~,
no fun~ ~ insufficient f~s a~ app~pmiat~ ~d budget~ for the
a~isEtEon, ~t~tEon, ~ o~ration or maintenan~ o~ th~
SFst~ und~ the temas ~d ~nditions of this Int~l~l A~m~t, then
the n~pp~iatEng P~tF ~hall notifF the oth~ Pa~tF(~e=) En ~iting
(120) daFs in adv~ of the Cit~'~ action which will ~sult in t~ non-
appropriati~. ~is Int~rl~l Agr~m~nt shall th~r~ft~r ~
~d ~ ~nd~ null ~d void as to the non-app~iating ~rt~ on the
last daf of the then o~nt fill ~, with~t obligation, ~nalt~,
liabilitF ~ ~n~ to th~ non-ap~iating ~rtF of ~F ki~ e~pt
for t~e noti~ ~ri~ ~vid~ ~ve ~d ~ applE~ble ~ipa~t ~moval
B. There shall ~ no ~f~ of any ~ym~nts u~r this Ag~m~nt of
~s of th~ s~ ~o~ ~yst~m to a P~tv =hould that Pa~ty
to ~ using the ~ne ~yst~.
C. If this Interl~l A~ment is terminat~ by ~y ~ty, t~n that
~ty may ~ove a~ U~ ~if~c It~ pu~has~ ~lely by it
6
attachment or addition to the system, or ~ell such U~r Specific Items to
the remaining pa~ti~ at ~ p~i~ to ~ ~oti~t~ ~t that tim~. If
U~r S~i~ic Ite~ ~ ~e~. all ~al ex~ ~hall ~ the
~nsibility of the ~movin9 P~ty.
D. If ~y Party ~llm it~ U~r ~ific It~ to ~ agen~ t~t
~rty to thi~ Interl~l A~m~t, that a~cy ~hall not
by virt~ of t~ ~ha~e of t~ ~ipm~nt.
E. 1. No ~ty ~hall ~move or didn--t any U~r S~ific Items from
the ~tem that w~ld ~lt ~ ~u~ the ~stem to ~lf~ti~
disrupt ~rvi~ to the ~t~ u~.
F. ~mptly roll,lng noti~ by a P~ty that it w~ll wit~mw f~ t~
~tem, each P~ty ~hall tak~ the n~y ste~ to m~ify radio ~annel
licen~ from the ~ a~ing to it~ o~ n~s. The di~ition of
ex~ion ch~n~nel~ which may ~ ~ to t~ ~tem ~d titl~ in the
n~ of the ~C u~ the with~awal of a P~ty ~11 ~ det~mi~
t~ ~.
G. U~n ~mpletion of item~ (E) a~ (F) a~ve the ~C ~hall
~~ize ~d thi~ A~ment ~hall ~ ~e~. Nothing ~ntain~ he, in
shall ~n~titute a waiver of t~ right of ~y Party to ~ag~
by ~y b~h of this Agr~ment by the oth~ P~ty.
~tion 6. ~DITION~ A~~S, ~~
Aft~ th~ ~j~t i~ ~plet~ ~d t~ 8~t~ im ~ati~al,
additional ~tim, m~rative agenci~, or additi~al m~sion
~c~e System ~y ~ add~ to or delet~ tm~ s~h Syste~ vit~ut the
vritt~n appeal of the P=tim md a m~t to this tgmmmt adding
such additional ~ty, ag~cy ~ additional e~sim ~o~e
Individual ~rtim ~ay ~ntract ~vi~ to include talk 9~ to
other gov~ent ~ ~latory age~im, hm ~i~ ~all not
their ms~tive allmtion.
~tion ?. OPEI~ATION AND ~AINTENANCE
The Part i~ recognize that thi~ Ag~ment p~vi~ f or
plying, ~i~ition ~nd ~truction of the P~j~t. The initial
of the ~dio ~c~e ~y~tem ~h~ll ~ eh~ ~11~ ~ong the ~ti~ to
the m~~t. Unl~ th~ P~ti~ p~id~ to t~ ~tr~
~u~ent ~endment to thi~ A~t, each Pa~tF ~hall ~
for (i) iOOX of th~ ~t of o~rating and maintaining its U~
It,s incl~ in the SFst~. a~ (ii) ~ch ~tF is ~sible for its
~ rata ~rtion of the ~t of ~ating and maintaining th~
SFstem. ~is shall ~ d~t~min~ b~ th~ ~tion of total air ti~.
After ap~riati~ ~d ~dgeting of fund~ ~ t~ ~ti~, ~ent to the
~CC for the ~t of ~rating ~ maintaining the ~c~ne S~t~ shall
~ m~ in ~ual quart~rl~ install~nts. ~ budget distmi~t~ to t~
chief a~inistrativ~ of fi~rs of the ~rti~ shall ~ ~ u~n th~
faith, ~itt~ ~l~lati~s ma~ ~ the ~j~t ~inat~ of the
~tici~t~ air time u~ge of t~ SFstem bF the P~ti~ ~d ~F othe~
aut~o~iz~ u~ p~i~ to the ~inning of ~cb fill F~.
~h~ of ~oh ~st ~11 ~ adjust~ at the ~d of s~b fill
u~ th= ~ittsn ~loulation of th~ motel ~t of o~ating
maintaining t~ ~c~ S~stem ~d the act~l ~l~lation of th~ air
tim~ u~ge of the S~t~m ~ all authoriz~ u~ det~in~ f~m the
~ of u~ge generat~ bF the SFst~. ~ P~ti~ s~ll ~ve a right
to ~ine the ~$ u~ ~ the ~j~t C~dinat~ in making the
~loulat ions u~n whio~ ~Fment bF the P~t i~ to t~e ~C
maint~nan~ ~d o~ating ~~ of t~ ~o~ SFst=m will ~ ~.
Th~ ~C s~ll i~ fund= ~ll~t~ ar~ disb~s~ to the mainten~
vend~. ~e ~get ~f~~ to in ~ti~ 1.H. s~ll ~ ~
faith ~timat~ of the ~j~t ~inat~.
~i8 A~m~t 8hall not ~ ~end~ ex--pt in writing ex~ut~
8
the Part ie~.
IN WITNES~ WHEREOF, the p~rtie~ hereto have c~u~d this A~ment
to be executed the day and year first above written.
Carol G. Hanson
Nayor of Boca )&aton. Florida
G~rald ' ' Jerry' ' Ta~lor
Ma~or of Bo~nton Be~ch. Florida
Jay Alperin. D.D.~.
l~ayor of l~lray ]~ach. Florida
Attar:
~rATE OF F~ORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
1997, by
ExecutiVe Committee of the ~outh Palm Be~ch County Public ~afety
Cooperative, on behalf of the City of Boc~ Raton. He/she is personally
known to me or has produced as identification ~nd
did/did not take ~n oath.
Notary Public
~erial Number:
My Commi~ion Expires:
STATE OF FLORIDA
COUFF~ OF PAI~ BEACH
The foregoing instrument was acknowledged before me this day of
1997, by
V-~ecutiSe Committ~ of the South Palm Beach County l~lic Safety
Coope~atiwe, on behalf of the City of Delra¥ Beach. He/she is ~lly
known to me or has produced as identification and
did/did not take an oath.
Name:
Notary Public
~rial Number:
My Coaission
STATE OF F~ORIDA
COUNTY OF PA~-M BEACH
The fore~oin~ instrument wa~ acknowledged before me thi~ day of
~uti~e ~itt~ of th~ ~th Palm ~ch ~ty ~lic ~f~ty
~ative, ~ ~half of the City of ~t~ ~ch,
~~1 ly ~o~ to me or ha~ p~u~
i~tifi~ti~ ~d di~did not t~e ~
Not~y Public
Serial Number:
My Commi~ion
Att~t:
App~owed As to Form and I~c3ality
for the use and reliance of the
City of Boca Raton, Florida, only.
NONTH , 1997.
City Attorney
Boca Raton, Florida
10
~TATE OF FLORIDA
COUNT~ OF PAIJ~ BEACH
Th~ for~oin~ instrument wa~ ~knowl~d~d ~f~ me thi~ ~ of
~O~H. 1997, ~ ~d N~e of
P~n. Cit~ Cl~k w~ ~ ~all~ ~ to me or who h~ pr~u~ a
valid Florida ~i~'s Li~n~ as id~tifi~tion ~d did/did not t~e ~
~th.
Not~y ~lic
~rial Nu~:
MY ~ai~ion
11
CITY OF DELRRY BER[H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
llI.Amedca City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne'~
SUBJECT: NPDES Interlocal Agreement - Northern Palm Beach County
Improvement District
The proposed interlocal agreement for the continuation of the Palm Beach County -
Municipal Separate Storm Sewer System Program is attached. The agreement, if
approved, will be between the City and the Northern Palm Beach County Improvement
District ("District"). The District is the lead permittee with respect to the forty
governmental entities who applied for a joint National Pollution Discharge Elimination
System ("NPDES') permit. The EPA issued the permit on December 9, 1996, and over
the next five years the District will take the lead in monitoring and reporting as the
permit requires.
The City, as part of this agreement, will be required to fund its portion of the permit
monitoring and reporting costs on an annual basis. The cost during the first fiscal year
is $18,260.00, which includes the costs for the District's services during the second
fiscal year and a 10% contingency for any additional costs of expenses. The City may
pay the $18,260.00 in a single lump sum by October 1, 1997, or in twelve (12) equal
monthly installments beginning October 1, 1997.
I have reviewed the agreement and approved it as to legal sufficiency and form. If you
have any questions, please call.
DNT:srnk
Attachment
cc: David T. Harden, City Manager
Randal Krejcarek, City Engineer
Sharon Morgan, City Clerk's Office
npdesl .dnt
NPDES
INTERLOCAL AGREEMENT
This Agreement shall be effective as ofthe ~ day of , 1997 ("the Effective
Date"), and is being entered into by and between NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter
referred to as "the Lead Pem'fittee") and CITY OF DELRAY BEACH (hereinafter referred to as "the
Co-Permittee").
WITNESSETH:
WHEREAS, the United States Enviromnental Protection Agency (hereinafter referred to as
"EPA") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination
System ("NPDES") Permit No. FLS000018 (hereinafter referred to as the "NPDES Permit") to lbrty
(40) govermnental entities designated as the Palm Beach County-Municipal Separate Storm Sewer
System Permittees (hereinafter referred to as "rite Permittees"); and
WHEREAS, the NPDES Permit contains certain separate obligations and responsibilities on
tim part of each individual Permittee, as well as some obligations and responsibilities that may be
performed jointly by all of the Permittees; and
WHEREAS, due to the number of Permittces and the tasks that must be pertbrmed under the
NPDES Permit, it would be most economically and administratively feasible to allocate duties,
responsibilities, and costs associated therewith under the terms of this Agreement; and
WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I of Florida
Statutes, to enter into this lnterlocal Agreement and do hereby wish to adopt, ratify and confirm the
provisions and incorporation herein of Subparagraph (9) of Section 163.01, Florida Statutes.
NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, the
undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter
into this Interlocal Agreement and represent, covenant, and agree with each other as follows:
SECTION ONE
REPRESENTATIONS
1.0 I. Recitals. The recitals and representations as set forth hereinabove are tree and correct
to the best of the knowledge of the parties and are incorporated herein by this reference.
SECTION TWO
DESIGNATION OF PARTIES
2.01. Lead Permittee. Northern Pahn Beach County Improvement District is hereby
designated as the Lead Permittee tbr the purposes of this Agreement and the NPDES l'crmit.
2.02. Co-Permittee. City of Delray Beach is hereby designated as a Co-I)ermittee l'or the
purposes of this Agreement and the NPDES Permit.
SECTION THREE
NPDES PERMIT
3.01. Term of Permit. The NPDES Permit has an effective date of February I, 1997 (the
"NPDES Permit Effective Date") and expiration date of December 31, 2001 (the "NPDES Permit
Expiration Date").
3.02. Annual Reports. The NPDES Permit requires that certain reports be submitted to
EPA on an annual basis commencing September 1, 1998 and on each September 1st thcreaIicr
through and including the year 2002.
SECTION FOUl>,
TERM OF AGREEMENT
4.01. Term. The anticipated term of this Agreement shall be from the Agreement's
Effective Date tlu:ough September 30, 2002, but subject to an annual Fiscal Year (as hereinafter
defined) renewal process pursuant to the following Section 4.03, unless otherwise terminated in
accordance with other provisions of this Agreement.
4.02. Funding Year. The term"'Fiscal Year" is defined for the purposes of this Agreement
as the tbllowing fiscal year periods, namely:
(i) First Fiscal Year - from October 1, 1997 through September 30, 1998.
(ii) Second Fiscal Year - from October I, 1998 through September 30, 1999.
(iii) Third Fiscal Year - from October I, 1999 through September 30, 2000.
(iv) Fourth Fiscal Year - from October 1, 2000 through September 30, 2001.
(v) Fifth Fiscal Year - from October 1, 2001 through September 30, 2002.
4.03. Renewal. This Agreement shall be automatically renewed as of the beginning date
ol'each Fiscal Year, unless a party to this Agreement provides written notice of non-renewal to tim
2
other party at least thirty (30) days prior to the end of the prior Fiscal Year, or unless the/\greement
has been previously terminated as provided herein.
SECTION FIVE
SCOPE OF WORK AND AI.,LOCATION OF
DUTIES AND OBLIC4ATIONS
5.01. Scope of'Work
The Scope of Work contemplated under this Agreement is applicable to the
implementation and execution of the NPDES Permit, which Permit is incorporated herein, and is
generally described as follows:
(i) The timely preparation, coordination, and execution of all interlocal
agreements necessary to carry out the terms of the NPDES Permit.
(ii) The timely preparation, coordination, and submittal to EPA of all system-wide
annual reports.
(i/i) The timely implementation, coordination, and execution of all monitoring
required by the NPDES Permit.
(iv) The timely preparation, coordination, ,'md submittal to EPA of all watershed
pollutant load estimates.
(v) The timely development, implementation, and execution of all system-xvide
public education programs required by the NPDES Permit.
(vi) The timely development, implementation, and execution of all storm water
management programs required by the NPDES Permit.
(vii) The timely preparation, coordination, aa~d distribution of standardized forms
necessary to carry out the terms of the NPDES Permit.
(viii) The timely and adequate perlbrmance of any other task required by the
NPDES permit.
5.02. Allocation of Duties anti Obligations
(i) The Lead Permittee shall be responsible for those duties and obligations which
are specifically identified and delineated in Exhibit "A" which is attached hereto and incorporated
herein (the "Lead Permittee Services").
3
(ii) Tl~e Co-Permittee shall be responsible for such other duties and obligations
as are identified as being its individual responsibility in the NPDES Permit.
5.03. ..Modifications to NPDES Permit
It is understood and agreed that any changes, modifications, revisions, or additions
to the terms of the NPDES Permit made subsequent to the Effective Date of this Agreement,
including but not limited to any requirements to perfor~n biological assessments, are expressly
excluded from and not a subject of this Agreement.
SECTION SIX
FUNDING AND ALLOCATION OF COSTS AND EXPENSES
6.01. Annual B.udget. In that this Agreement is anticipated to be renewed for a number of
Fiscal Years, the parties acknowledge that it is difficult to project the potential costs the Lead
Permittee may be required to incur in l;'uture Fiscal Years in order to carry out the Lead Permittee
Services.
Due to the above, the parties agree that it is in their mutual best interests to arrive at
a payment amount on ,"m annual advance Fiscal Year basis in order to more reasonably calculate the
amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision
of Lead Permittee Services.
6.02. Prior Funding. The parties agree that any surplus funds previously paid by the Co-
Permittee pursum~t to any prior Interlocal Agreement it has entered into with the Lead Pemfittee that
relates to the NPDES Permit application process, shall be applied to and used for the provision of
Lead Permittee Services by the Lead Permittee during the First Fiscal Year.
6.03. First Fiscal Year Payment. In addition to the funds referenced in above Section 6.02,
the parties agree that for the First Fiscal Year, the Co-Permittee shall also pay to the Lead Permittee
the sum of $18,260.00, which sum represents the combined payment of the Lead Permittee's
Services during the Second Fiscal Year term of this Agreement and the Section 6.04 ten percent
(10%) Reserve Fund Contingency.
6.04. _R. eserve Contingency. The parties acknowledge that each Fiscal Year payment
required to be paid by the Co-Pemfittee to the Lead Permittee for the provision of the Lead Pem'fittee
Services will include a reserve fund contingency (the "Reserve Fund Contingency") for unexpected
additional costs and expenses. The Reserve Fund Contingency amount shall be equal to ten percent
(10%) of'each Fiscal Year's payment amount.
6.05. Current Funding. The parties acknowledge that the aforementioned funding will be
sufficient to satisfy the current NPDES Permit requirements for the First and Second Fiscal Years
unless unexpected additional costs and expenses of the nature described in following Section 7.03
4
are inctnTed.
6.06. Future Fundi,~g. As to future Fiscal Year payments that will be ,'equircd to be paid
by the Co-Permittee to the Lead Permittee, the parties agree that on or before IMarcb 1, 1998 the
Lead Permittee shall provide a cost estimate to the Co-Permittee of the amount the Co-Permittees
will be requested to pay during the Second Fiscal Year, with all subsequent Fiscal Year estimates
to be sent on or belbre 1March 1st of each following Fiscal Year. The Lead Permittee and Co-
Pennittee shall then have until sixty (60) days before the beginning of the next Fiscal Year to agree
in writing upon a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead
Pennittee for the applicable Fiscal Year, all of which shall be paid pursuant to Section Seven of this
Agreement. Il; however, the parties cmmot agree upon a mutually acceptable dollar amount by the
aforementioned deadline, then in that event this Agreement shall be deemed terminated unless
otherwise agreed to in writing by and between the parties.
6.07. Fifth Fiscal Year. It is assumed that during the Fifih Fiscal Year, the Co-
Pennittees and EPA ~vill conunence to negotiate or renegotiate the terms of the NPDES Permit. As
a result, allocation of the Scope of Services that are required to be provided hereunder will likely be
modified. Due to this uncertainty, the allocation of each parties duties and obligations hereunder.
together ~vith the funding process for provision of services, will be reexmnined during the Fifth
Fiscal Year of this Agreement.
6.08. Separate Co-Permittee Expenses. Except tbr such amounts as are required
to be paid by the Co-Permittee to the Lead Permittee pursum~t to above Sections 6.02 tlu:ough 6.07,
the Co-Pem'fittee shall be responsible for all other costs and expenses relating to its individual duties
and obligations under the NPDES Permit, including but not limited to: (1) all costs of the Co-
Permittee's preparation and submittal of such of its own individual Annual Report(s) that may be
separately required by the NPDES Pern'fit, (2) costs o fall monitoring that may be the Co-Pennittee's
individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all
necessary data that may be individually required of tl'le Co-Pemfittee by the NPDES Permit, and (4)
all other costs of carrying out any other individual responsibility of the Co-Permittee according to
the terms of the NPDES Permit.
SECTION SEVEN
PAYMENT PROCEDURE
The Co-Permittee agrees to pay its annual Fiscal Year payments as follows:
7.0 I. First Fiscal Year. The First Fiscal Year payment amount specified in above Section
6.03 may, at the option of the Co-Permittee, be paid in either a single lump sum payment on or
before October 1, 1997, or in twelve (12) equal monthly installments commencing on October I,
1997, and thereafter on the 1st day of each subsequent month of the First Fiscal Year (said payment
dates being hereinafter referred to as the "Payment Due Date").
5
7.02. Subsequent Fiscal Year Payments. Once a subsequent Fiscal Year payment amount
has been agreed to in writing by and between tile Lead Permittee and the Co-Permittee. the Co-
l'ennittee nmy, at its option, either pay the entire agreed-upon amou,~t in either a single lump sum
on or before October 1st of that particular Fiscal Year, or in twelve (12) equal monthly installments
commencing on October 1st of that Fiscal Year and thereafter on the 1st day of each subseque,~t
month of that Fiscal Year (said payment dates also being hcreinalier rcfisrred to as the "l~ayment Due
Date").
7.03. Additional (~OSts. Since it is possible that tbllowing the parties' finalization of an
agreed upon Fiscal Year payment amount, unexpected additional costs and expenses may arise
xvhich will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services
for that Fiscal Year, and in order to address same, the parties agree as follows:
(i) In order to ameliorate the possibility of unexpected additional costs and
expenses resulting from the theft, loss, or destruction of equipment required for provision of the Lead
Permittee Services, the parties agree that the Lead Permittee is authorized to include as a portion of
tile cost of providing its Lead Permittee Services. funding for the acquisition of loss, theft, and
property damage insurance for said equipment.
(ii) If the Lead Permittee determines that unexpected additional costs and
expenses must be incurred in order for it to timely provide its Lead Permittee Services, then in that
event, the Lead Pemfittee shall promptly notify the Co-Permittee, in writing, of the nature and
estimated amount of the Co-Permittee's allocable share of these unexpected additional costs and
expenses, as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's
Reserve Fund Contingency in order to pay said Co-Pennittee's allocable share of the unfunded and
unexpected additional costs and expenses.
(iii) Further, if the Co-Permittee's allocable share of the unexpected additional
costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency
account, the Lead Permittee shall include in the aforementioned notice to the Co-Permittee said
excess mnount. The Lead Permittee and Co-Permittee shall then attempt to negotiate the payment
procedure for said unfunded and unexpected additional costs .and expenses.
(iv) If the Lead Permittee and Co-Permittee are able to agree as to the need and
amount of the unfunded and unexpected additional costs and expenses, said agreement shall be
reduced to writing and executed with the same formalities of this Agreernent. The agreed upon
unfunded and unexpected additional costs and expenses shall be divided by the remaining months
of that particular Fiscal Year and paid to the Lead Permittee at the same time as the remaining
regular Fiscal Year payments pursuant to preceding Section 7.02.
(v) If the Lead Permittee and Co-Pernfittee are unable to agree as to the need
and/or amount of the unfunded and unexpected additional costs and expenses then in that event thc
Lead Permittee may suspend or terminate this Agreement, at its sole discretion, lbllowing the
provision of thirty (30) days prior written notice to the Co-Permittee.
7.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties
hereto, if a Fiscal Year payment or agreed upon unfunded and unexpected additional costs and
expenses payment is not timely paid within thirty (30) days o1' a Payment Due Date, then in that
event the duties and obligations assumed by the Lead Permittee under the terms of this Agreement
may be suspended and/or tem~inated by the Lead [~ermittee, at its sole discretion, t~ollowing the
provision of thirty (30) days prior written notice to the Co-Permittee unless remedied by the Co-
?ermittee within said thirty (30) day notice time period.
SECTION EIGHT
OPTION TO TERMINATE
8.01. Termination. Either party to this Agreement shall have the right to terminate this
Agreement, provided, however, that the party wishing to terlninate the Agreement nmst provide
thirty (30) days prior written notice to the other party of said terminating party's decision to
terminate this Agreement. Said termination shall not be effective until said thirty (30) days have
elapsed.
8.02. Costs and Expenses. Irrespective of which party elects to terminate this Agreement
under one of the optional termination provisions of this Agreement or in the event of a failure to pay
by the Co-Pern'fittee to the Lead Permittee the amounts due under and pursuant to the terms of this
Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid
by the Lead Pemfittee as of the date of its issuance or receipt of a notice of termination shall still be
due and owing and the right to collect said amount(s) shall survive the termination of this
Agreement.
8.03. Refunds. The parties acknowledge that the Lead Perrnittee anticipates entering into
annual agreements, on a Fiscal Year basis, with one or more consultants or contractors for the
provision of certain services required in order for the Lead Permittee to provide its Lead Permittee
Services on behalf of all Co-Permittees. In that the C o-Permittee's payments under this Agreement
represent only a portion of what the Lead Permittee will have to pay its consultants and contractors
for their services, it is unlikely that if this Agreement is terminated for any reason, that the Co-
Permittce will be entitled to receive a refund from the Lead Permittee for any monies the Co-
Pcrmittee has previously paid pursuant to this Agreement. Itowever, to the extent the Lead
Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors
as a result of the termination of this Agreement, then in that event, the Lead Permittee shall be
obligated to reimburse the Co-Permittee for the amount of such a reduction in costs and expenses.
8.04. Documentation and Data. In the event this Agree~nent is cancelled or terminated, all
documentation and data previously collected by the Lead Pennittee in accordance with its duties and
obligations as assumed herein, shall be made available to the Co-Pcrmittec, provided, however, that
7
said Co-Permittee shall be responsible tbr any costs incurred irt making available such
documentation.
SECTION NINE
ENFORCEMENT. VIOLATIONS, AND/OR DEFAULT
9.01. Entbrcement. The designation of one of the parties under this Agreement as the Lead
Permittee is not intended nor shall it be construed as authorizir~g, granting or permitting the Lead
Pennittee to accept or assume any po~vers of enforcement of the NPDES Permit as to the other party.
9.02. Violations. Neither party to ti'tis Agreement shall be deemed to have assumed any
liability for any negligent or wrongfid acts or omissions of the other party, and in no event shall any
of the provisions of this Agreement be construed as a waiver by either party of the liability limits
established in Section 768.28, Florida Statutes.
9.03. Costs and Attorney's Fees. In the event of any litigation or administrative proceeding
to settle issues arising hereunder, the prevailing party shall be entitled to recover against the other
party its costs and expenses, including reasonable attorney's fees, which shall include but not be
limited to any fees and costs for any appeal that may be taken.
SECTION TEN
MISCELLANEOUS PROVISIONS
10.01. Notices. All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing (including telex, facsimile or telegraphic
communication) and shall be (as elected by the person giving such notice) hand delivered by prepaid
express overnight courier or messenger service, telecommunicated, or mailed (airmail il'
international) by registered or certified mail (postage prepaid), return receipt requested, to the
following addresses:
As to Lead Permittee: Northern Palm Beach County hnprovement District
357 Hiatt Drive
Palm Beach Gardens, Florida 33418
Attn: Executive Director
Phone (561) 624-7830
Fax (561) 624-7839
With a copy to: Caldwell & Pacetti
324 Royal Palm Way, Suite 300
Palm Beach, Florida 33480
Attn: Kenneth W. Edwards, Esq.
Phone: (561) 655-0620
Fax: (561) 655-3775
As to Co-Permittee: City of Delray Beach
~Lrcct Adores$
City Zip
Attn:
Phone:
Fax:
With a copy to:
Name
8trcct Address
City
Attn:
Phone:
Fax:
10.02. Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof.
10.03. Construction. The preparation of this Agreement is considered a joint effort of the
parties and accordingly this Agreement shall not be construed more severely against one of the
parties than the other.
10.04. Discrimination. The Lead Pemaittee and tile Co-Permittee agree that no person shall
on the grounds of race, color, sex, national origin, disability, religion, ancestry,"nmrital status ~,~
s~ be excluded from the benefits of or be subjected to any form of discrimination
under any activity carried out by the performance of this Agreement.
10.05. Binding Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to tile benefit of, and be enforceable by the parties and
their respective legal representatives, successors, and permitted assigns.
10.06. Assignability. The responsibility for carrying out any task assumed by any party to
this Agreement, but not the obligation to pay the amounts required to be paid as hereinabove set
forth, may be assigned by any party to this Agreement upon receipt of written approval by the other
party, which shall not be unreasonably withheld.
10.07. Severability. If any part of this Agreement is contrary to, prohibited by or deemed
invalid under applicable law or regt, lation, such provision shall be inapplicable antl deemed omitted
to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated
9
thereby and shall be given full force and effect so fi.~r as possible, unless the prohibited or invalid
provision reduces the payment obligations of the Co-Permittee, in which event this Agrccment may
be thereupon tcrminated bv the Lead Permittee.
10.08. Governing Law and Venue. This Agreement and all transactions contemplated by
this Agreement shall be governed by, and construed and enforced in accordance with. the internal
laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all
proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each
part,',, hereby waives whatever their respective rights may have been in the selection of venue.
10.09. Time of the l~$sence. Time is of the essence with respect to this Agreement.
10.10. Headings. The headings contained in this Agreement are tbr convenience of
reference only, and shall not limit or otherxvise affect in any way the meaning or interpretation of
this Agreement.
I0.11. Remedies. ]'lie failure of any party to insist on a strict performance of any o£ the
terms and conditions hereof shall be deemed a waiver o£ thc rights or remedies that the party may
have regarding that specific instance only, and shall not be deemed a waiver of any subsequent
breach or default in any terms and conditions.
10.12. NPDES Permit. If there is any inconsistency between the terms of this Agreement
and the NPDES Permit, then the NPDES Permit shall preempt, supersede, and control over the
provisions of this Agreement.
10. lB. Counterparts. This Agreement may be executed in one or more counterparts, each
o£ which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
10.14. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court
in and for Pahn Beach County, Florida.
10.15. Effective Date. This Agreement shall be effective as of the last date that it is signed
by all parties hereto.
10.16. Termination of Prior Agreements. All previous interlocal agreements entered into
between the p~ties to this Agreement regarding the application or executiou of the NPDES Permit
shall terminate as of the Effective Date of this Agreement.
I0
IN WITNESS WHEREOF, the parties have set their hand and scals the day and year
hereinafter written.
EXECUTED by Lead Permittee this day of . 1997.
ATTEST: BOARD OF SUPERVISORS, NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT
By: By:
Peter L. Pimentel, Secretary William L. Kerslake, President
(SEAL)
EXECUTED by Co-Pernfittce this day of . 1997.
ATTEST: CITY OF DELRAY BEACIt
By: By:
(S E A L)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
11
EXHIBIT A
TO
NPDES INTERLOCAL AGREElVlENT
LEAD PERMITTEE RESPONSIBILITII~S
The responsibilities of the Lead Permittee as to the implementation and execution of the
NPDES Permit is generally as follows:
(i) The timely preparation, coordination, and submittal to EPA of the system-wide
annual report.
(ii) The preparation, coordination, and execution of interlocal agreements necessary to
carry out the joint responsibilities of all permittees.
(iii) The timely preparation, coordination and execution of the ,,vet weather monitoring
required by the NPDES Permit.
(iv) The timely preparation, coordination, and submittal to EPA of all watershed pollutant
load estimates.
(v) The preparation, coordination, and distribution of standardized forms as approved by
NPDES Steering Committee to carry out the terms of the NPDES Perrnit.
(vi) Coordination and assistance in carrying out the terms of the NPDES Permit.
Conducting NPDES Steering Committee Workshop.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~.- REGULAR MEETING OF SEPTEMBER 9, 1997
AGREEMENT FOR EMERGENCY/HURRICANE RESPONSE SERVICES
DATE: SEPTEMBER 4, 1997
On August 19th, the City Commission approved a list of firms to
be used as needed and available in the event of a hurricane or
major disaster. At that time the City Attorney indicated that a
standard form of agreement would be brought back to the
Commission for formal approval.
Attached is a copy of the agreement that will be sent to the
awarded vendors for execution.
I recommend approval of the standard form of agreement for
emergency/hurricane response services.
ref:agmemo8
Agenda Item No.: f~
AGENDA REQUEST
Date: AuKust 28. 1997
Request to be placed one,
Regular Agenda XX Special Agenda Workshop Agenda
When: Sept. 02~ ]997
Description of agenda item (who, what, where, how much):
Approval of aEreement to be sent to awarded vendors for execution for the Request
For Proposal #97~2g for Emergency/Hurricane Response Serv~aes.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Determination of Consistency w' h~mprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda.: ~, NO ~jrb-'/
Hold Until: ' ~/~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor ~
THROUGH: Joseph Safford, Finance Director
DATE: August 28, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
SEPTEMBER 02, 1997 - SPECIAL AGENDA
RFP #97-28 AGREEMENT
EMERGENCY/HURRICANE RESPONSE SERVICES
Item Before Commission:
The City Commission on August 19, approved the list of firms to be used as
needed and available in the event of a hurricane or major disaster.
Attached is copy of "generic" form of agreement for approval to be sent to
the awarded vendors for execution. This agreement is the Request For
Proposal package which was submitted to vendors for their proposal
response.
Recommendation:
Staff requests approval of this agreement to be executed by awarded
contractors for this Request For Proposal #97-28.
Attachments:
Request For Proposal Package #97-28
cc: Robert Barcinski, Asst. City Manager Hoyt Owens, Deputy Director Public Works
Joe Weldon, Director Of Parks And Recreation
Chief Rehr, Fire Chief
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this __ day of , 19 , by and between
the CITY OF DELRAY BEACH (hereinafter called CITY) and
(hereinafter called CONTRACTOR).
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements pursuant to
all covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of this Contract,
acknowledges that it has examined the physical characteristics of the job requirements. The
CONTRACTOR further acknowledges that the contract price includes all costs and expenses
required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR include the following
documents which are attached hereto and incorporated herein by reference of the following:
CONTRACT DOCU1VIENT/S PAGE NUMBER/S
Standard Form Of Agreement A1 thru A5
Corporate Acknowledgment A6
Certificate A7
Insurance Requirements And Sample Insurance
For~ ' A8 thru A9
- D~-'F~ee Workplace Certification Al0
Request For Proposal General Guideline
And Information 1 thru 3
Instructions For Preparing Responses 4
And Statement Of Work 5 thru 7
A-1
CONTRACT DOCUMENT/S PAGE NUMBER/S
Contractor's Qualtf±catton And Cost
Statement 8 thru
Schedule Of Pr±c±ng 15 thru 16
Addenda numbers to , inclusive, and any Modifications, including
Change Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on ne date indicated on the date
indicated on Page 6 of the bid documents.
5. This agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach
County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed,-certified mail, return receipt requested, to the following addresses to:
As to City: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to Contractor:
7. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this contract and, specifically, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written consent of the
CITY.
A-2
The CITY and the CONTRACTOR each binds himself, his partners,
successors, assigns and legal representatives to the other party hereto tn respect to all
convenants, agreements and obligations contained in the contract documents.
9. [ndemmfication: The CITY agrees to pay to the CONTRACTOR the sum of
Ten Dollars ($10.00) and other good and valuable consideration as specified consideration for
the above-stated indemmficatio,'., in accordance with the provisions of F.S.A. Section 725.06.
Furthermore, the CONTRACTOR acknowledges that the bid price includes the consideration
for the indemnification provision.
The CONTRACTOR shall indemnify, defend and save harmless the CITY, its
officer's agents, and employees, from or on account of any claims, damages, received or
sustained by any person or persons resulting from the work provided for this Project; or by or
in consequence of any negligence in connection with the same; or by use of any improper
materials or by or on account of any use of any improper materials or by or on account of any
act or omission of the said CONTRACTOR or his subcontractors, agents, servants or
employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its
officers, agents and employees, against any liability arising from or based upon the violation
of any federal, state, county or city laws, by-laws, ordinances or regulations by the
CONTRACTOR, his subcontractors, agents, servauts or employees.
CONTRACTOR further agrees to 'defend, indemnify and save haxmless .the CITY, its
officers, agents, or employees from ail such claims, fees, and from any and all suits and
actions Of every name and description that may be brought. against the- CITY. or its officers,
agents or employees on account of any claims, fees, royalties, or costs for any invention or
A-3
patent, and from any and all suits and actions that may be brought against thc CITY, its
officers, agents, or employees for the infringement of any and all patents or patent righLs
claimed by any person, firm or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend at
his own expense or to provide for such defense, at the CITY'S option, any and all claims or
liability and all suits and actions of every name and description that may be brought against the
CITY, its officers, agents, or employees which may result from the operations and activities
under this contract whether the work be performed by the CONTRACTOR, his subcontractor
or by anyone directly or indirectly employed by either. This indemnification includes all costs
and fees including attorney's fees and costs at trial and appellate levels.
I0. This Agreement shall be considered null and void unless signed by both the
CONTRACTOR and the OWNER.
i 1. The contract documents constitute the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day
and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
C~ty Clerk Jay Alperin
Mayor
Approved as to Form:
City Attorney
WITNESS: CONTRACTOR:
By:
(Print or Type Name) (Print or Type Name and Title)
(SEAL)
^-5
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1997 by (name of officer
or agent, title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation) corporatmn, on behalf
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public
Print, Type or Stamp Name of
Notary Public
CERTIFICATE
(if Corporation)
STATE OF FLORIDA )
) SS
COUNTY OF )
)
I HEREBY CERTIFY that a meeting of the Board of Directors of
, a corporation under the laws of the State of
held on , 19 the following resolution was duly passed and adopted:
"RESOLVED, that , as
President of the corporation, he/she is hereby authorized
to execute the Agreement dated , 19 , between the City of
Delray Beach, Florida, and this corporation, and that his execution thereof, attested by
the Secretary of the corporation and with corporate seal affLxed, shall be the official act
and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereumo set my hand and affixed the official seal
of the corporation this __ day of , 19
(Secretary)
(Seal)
3.-7
INSURANCE REOUIREMENT~
A. _GENERAL
During the term of the contract w/th the City, the coatractor shall procure and maiutain
insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below.
B. _C._O V E RAG~
Except as otherwise stated, the amounts and types of insurance shaft conform to the following
minimum requirements:
I_ Worker's Comoensatiojl - Coverage to apply for all employees for Statutory Limits in
compliance with the applicable State and Federal Laws. In addition, the policy must
include Employers' Liability with a limit of ~; 100,000 each accident.
2_ Comurehensivc General Liabili _W_- Coverage must be afforded on a form no more
restrictive than tile latest edition of the Comprehensive General Liability Policy filed by
tile Insurance Services Office and must include:
a) Minimum limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Premises and/or Operations.
c) Independent Contractors.
d) Products and/or Completed Operations.
e) No exclusion for Underground, Explosion or Collapse hazards.
3. ]~_~$iness Auto Policy_- Coverage must be afforded on a form no more restrictive than thc
latest edition of the Business Auto Policy filed by the Insurance Service Office and must
include:
a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Owned Vehicles.
c) Hired and Non-Owned Vehicles.
d) Employer Non-Ownership.
4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage
specified in the previous 'Insurance Administrator prior to commencement of work_ The required
certificates of insurance shall rot only name the _types of policies provided, but shall also refer specifically
to this bid and section and the above pa~..l~raphs in accordance, with which such insurarlc¢ iS bein~
furnished, and shall state that such insurance is required by such para_twaphs of this 6o'fimact. The
successful bidder will include the City of Delray Beach as additional inl;ured.- If. the initial insurance; expires
prior to the completion of the work, renewal .cextificates shall be fumished'~:O.0)days prior to the date
of expiration. Also, under the Cancellation section.O£the InsUrance Ceftific~tion.[he'works "endeavor to"
and "but failure to mail suCh notice shall impose no obligation or liability °f a~y-kind:upon the company,
its.agents or:representative" shall be crossed out as indicated on the attached "sample of Insurance
Cer{ificate".
*NOTE: ,~;:c'"Samolc of Cc~ificat¢ of Iusurancc" for cxamolc format.
A-8
..... /96..~..... ' . - ::.--' ....::::::.- -::~::'-- ..:.:. ..:'.'-~:'~:::i '7. · ..'::::"'"' "'" ' '.' ::" '"'--::- '
.~ooucr~ [ TEllS CERTIFICATE IS ISSUED A2S ,k MATTER OF II~FORMATIOI,~ orl~
· . [ CONFERS NO RIGItTS UPON lite.. CER~CATE ItOLDEI~. T]tlS CERTIFICATE
,lexandec & Atexander', Inc. DOES HOT AMEND. W.~ OR ..LLTER TI:[E COVF_AZ~GE A-F'FORDED BY 'TI:[E
T000 S. W. 97th. Ave. POLICI~ B~0tAt.
Miami, FL
331T~ COIVI2aANIES A~rORDI~G coVERAGE
305-27~-7870 coMr^~c A narlOUAk UNION FIRE
......... COU?Arrr B INs. CO. OF TIlE STATE OF PENN
COM P^~I' TX
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TH[~ i5 TO C~.~q.l 1FY THAT THE POUCiE~ OF [N~Ui:~iqCE LI~ 1 i:.D BiOl. OW itAVE B~ lXSU~ ~ ~E iNSH~ N~ ~OyE ~R ~E ~U p~OO .........
INDIC_Al'ED. I'40'D,VI-rH:S-I'AI'4DING AiNY REQUIRe-ME/iT. TERM OR CONDITION OF Alq¥ COblTR~CT OR OTHER DOCLIMI~wr WI-tH RF_SPECT 'TO WHICH THl'q
CERTIFIC_~TE MAY' BE I~UED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIF_.~ DESCRIBED HEREII',[ ~ 5UB..qZCT TO Al.I_. THE TERMS.
~c~io,~ ~o co,o~,o,~ o~ ~c, ~C!~.: ~g.~ ~."..?.~..". ~. "^~ ~.~ ~.~ ~S..~.t!.~ ~; .................................
co ~oucY F_~I~CTIX~ .: lOt. ID'
LTR ~ OF ~',4~,TR.,,~NC~ POLICY ~ BE,R DA.*IT_~MYDDYY'y') D^T~
C~ UT, s[Lrr~ G&'~rdb~L ^C_,G',tEC~TE s 2 000 000
" O._AIM~ MADE X OCCUR,. PER~ON^L & ADV. INJURY S ], 000,000
Ow~EX'X A COm"Z^CTOR,'~ ~OT. E~Ort O~C'0~q. EJq~ ......... X 1,000,000
X EHPLOTE~ BENEFITS F1R`E D^ ~'4^GE [A~'t o,~ fire! S 100,000
SlO00000/~lOOOO00 k4 ED. E~F-~E ~^rqr ~,c ~cno~) % 10,000
^UTOMOIH~ L.b~lLrrY' COM 8'II~F_D
A X ^~¥ ^ir'rD 06/30/96 06/30/97 Lmrr 1,00,~,000
^LC OW~F..D
..... ~ BODLLY INJURY .
X
HIRED ^UTO~ ' BODILY I~UURY
~ ........ ~ ,,--~,."--~ ~
X lqOI'4.OWNED AUTO~
GAR.AGE LL~JtILITY
IrR`OP~.-RTY D&M^GE
UM nREI_LA FOP. Id ^GGREG^TE
: / D~E,~,'E--EAOt EMft.OYEE $ ~00.000
· AS RESPECTS NA,'4ED INSURI~'S ' '
.OPERATION lt~ HIE SLATE OF FLORIOA.
RE: PROJECT 96-17; 1996 RESURFACI~G PI~OJECTS CONTRACTS DUE: .?/Z/96. THE
,CITY OF 0(il. RAY BE^C8 15 lC^BED ADOITIONAL IRS. AS RESPECTS TO TH[~ PROJECT.
-., - ~..~. . t'~ & . ....... _
......................................... .... : ..... ;... .::.,........ -~, :, ~.---. ........... ~.,:,'-.-..~¢:,'~;-~T.'.~.~.~.~--,-'--~:=.-:?-~,-~:.:~:--.'
ACORO-Z_q-S C/t~- ;:-Y. ::':' '-'"':"':'?~'"'":' -' ........ -" '::-- ....... //~¢m"-'-""<"~' :'"'- .... ~ "' ~--" '.
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors ~vho submits a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL ¥1E BIDS; Preference shall be given to businesses with drug-flee workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by the
State of by any political subdivision for the procurement of commodities or contractual services, a bid
received from a business that certifies that it has implemented a drag-free workplace program shall be
given preference in the award proc~.~:. Established procedures for processing tie bids will be followed if'
none of the tied vendors have a drug-free workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully with the following
requirements:
1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace m ~d
specifying the actions that will be taken against employees for violations of such prohibition.
2) This firm informs employees about the dangers of drag abuse in the workplace, the busiuess's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitati( n, and
employee assistance programs, and tile penalties that may be imposed upon employees l')r drug
abuse violations.
3) This firm gives each employee engaged in providing the commodities or contractual ser',ices that
are under bid a copy of tile statement specified in subsection (I).
4) In tile statement specified in subsection (1), this firm notifies the employees that, as a co:~dition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea ,f guilty
or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the
United States or any state, for a violation occflrring in the workplace no later than five (5) days
after such conviction.
5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, b:,, any
employee who is so convicted.
6) This fu'm will continue to make a good faith effort to mah3tain a chug-free workplace through
implementation of this section.
Contractor's Name Signature
A-10
CITY OF DELRAY BEACH
REQUEST FOR PROPOSALS
FOR
EMERGENCY / HURRICANE RESPONSE SERVICES
RFP #97-28
A: SUB--AL:
A.01 The City of Delray Beach will receive proposals until 3:00 P.M.~ FRIDAY~
MAY 23~ 1997, for the purpose of soliciting information on available
labor, equipment, and proposed rates from qualified respondents for
general construction and/or tree management services to be used in a
hurricane or similar emergency event for the City of Delray Beach,
A.02 These Proposals will be publicly opened in the Purchasing Office, 100
N.W. First Avenue, Delray Beach, Florida, 33444, in the presence of City
Officials at the above stated time and date. All proposers or their
representatives are invited to be present.
A.03 Any proposal received after above stated time and date will not be
considered. It shall be the sole responsibility of the Proposer to have
their proposal delivered to the Purchasing Office for receipt on or
before the above stated time and date. The Proposal envelope should be
clearly marked "Proposal For Emergency/Hurricane Response Services". If
Proposal is sent by U.S. Mail, the Proposer shall be responsible for its
timely delivery to the Purchasing Office. Proposals delayed by mail
shall not be considered, shall not be opened at the public opening, and
arrangements shall be made for their return at the Proposer's request
and expense.
A.04 Each Proposer shall examine all requests for proposals documents and
shall judge all matters relating to the adequacy and accuracy of such
documents.
The City will not be responsible for oral interpretations given by any
City employee, representative, or others. The issuance of written
addendum is the only official method whereby interpretation,
clarification or additional information can be given. If any addenda
are issued to this request for proposal, the City will attempt to notify
all known prospective proposers:, however, it shall be the responsibility
of each proposer, prior to submitting the proposal, to contact the City
Purchasing Office, Jacklyn Rooney, Purchasing Supervisor, at (561)
243-1763 to determine if addenda were issued and to make such addenda a
part of the proposal.
A.05 This Request For Proposal is comprised of four parts:
Part 1 - General Guidelines And Information
Part 2 ~ Instruction For Preparing Responses
Part 3 - Statement Of Work
Part ~ - Contractor's Qualification and Cost Statement (Includes Special
Terms and Conditions)
PART 1 - GENERAL GUIDELINES AND INFORMATION
1.1 DEFINITIONS:
"Proposer" or "Respondent". Ail contractors, organizations, firms, or other
entities submitting a response to this RFP.
"Proposal" or "Response". The proposer's written response to this RFP
offering to provide the specified commodities and/or services.
"Solicitation". A formal request to obtain commodities and/or services.
"City". The City of Delray Beach, florida.
"Contract" A binding written agreement, including purchase orders,
containing terms and obligations governing the relationship between the City
and the other party.
1.2 INVITATION:
This invitation is extended to all qualified firms, including businesses
certified as MBE (minority-owned) or joint ventures which can provide the
requirement(s) specified herein. Responses should be prepared simply and
economically, addressing the requirements in a straightforward and concise
manner. The requirements presented in this solicitation represent the City's
anticipated needs. The City does not guarantee any minimum amount of work
from this solicitation. In the event of a hurricane or other emergency
event, the City may issue purchase orders to the proposer(s) most
advantageous to the City.
1.3 POINTS OF CONTACT AND TIMETABLE FOR INQUIRES:
ReSpondents may contact the City to discuss this solicitation. Points of
contact for both technical and administrative inquires are specified below.
Ail respondent's verbal inquires should be confirmed in writing either
through the mail or via facsimile transmission.
Direct Inquiries to:
Ho3rt Owens, Deputy Director Of Public Works, (561) 243-7334.
Inquiry Period: From Aril 28, 1997 to May 23 1997, between the hours of 8:00
A.M. and 4:00 P.M. weekdays.
1.4 STATEMENT OF NO RESPONSE:
Respondents not responding to this solicitation should complete the attached
Statement of No Bid form and return to the City by the deadline for response
submission in an envelope plainly marked with the solicitation number and
reference "No Response". Failure to return this form may result in your firm
being dropped from consideration for future solicitations. The form may be
submitted via facsimile to fax number (561) 243-7166.
1.5 D~rELOP~ COSTS:
Neither the City nor its representatives shall be liable for any expenses
incurred in connection with the preparation, submission, or presentation of a
response to this solicitation. Ail information in the response shall be
provided at no cost to the City.
1.6 RESPONSE SUBMISSION AND OP~NING:
Ail responses must be submitted in a sealed envelope by the deadline
indicated on the cover page of this solicitation. The response shall
identify the solicitation number and title specified on the cover phge of
this so,icitation. This reference information shall also be marked on the
outside of the sealed envelope, including the respondent's return address.
The City assumes no responsibility for responses not properly marked.
1.7 REJECTION OF RESPONSES:
The City reserves the right to reject any and all responses when such
rejection is in the City's interests. The City may also re-advertise and
solicit for other responses when it is considered to be in the City's
interests to do so. The City further reserves the right to cancel this
solicitation at any time if it is in the City's interest to do so.
1.8 AWARD
The respondent understands that this solicitation or the response does not
constitute a contract with the City. No contract is binding or official
until either an official contract is duly executed by the parties or a
purchase order is issued to the respondent.
1.9 EQUAL OPPORTUNITY/MBE PARTICIPATION:
The City recognizes fair and open competition as a basic tenet of public
procurement. Respondents doing business with the City are prohibited from
discriminating on the basis of race, color, creed, national origin, handicap,
age or sex. The City encourages participation by minority business
enterprises (MBE's) at both the prime and subcontractor levels, and requests
MBE's to submit evidence of such certification with their response.
PART 2 INSTRUCTIONS FOR PREPARING RESPONSES
2.1 RULES:
Each response by an individual or firm shall state the name and address of
all persons or entities having an interest in The response. Responses shall
be signed by an authorized person or member of the firm making The response.
In no case may a response be transferred or assigned by a respondent.
2.2 PUBLIC ENTITY CRIME INFORMATION STATEMENT:
A person or affiliate who has been placed on The convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract To provide any goods or services To a public entity, may not submit
a bid on a contract with a public entity for The construction or repair of a
public building or public work, may not submit bids on leases or real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not Transact business with any public entity in excess
of The Threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from The date of being placed on The convicted vendor
list.
2.3 INSURANCE:
The respondent, if awarded a contract, shall maintain insurance coverage
reflecting, at a minimum, The amounts and conditions as specified with The
City's Certificate of Insurance, attached To This solicitation. Evidence of
appropriate insurance coverage shall be provided as an attachment To the
response. Respondents may fulfill This requirement by having their insurance
agent either (1) complete and sign the District's Certificate of Insurance,
or (2) issue a letter on the insurance agency's stationary stating That The
respondent qualifies for the required insurance coverage levels and That The
District's Certificate of Insurance will be submitted before final execution
or issuance of The contract. All insurers must be qualified To lawfully
conduct business in the State of Florida. Failure of the City To notify the
respondent that The certificate of insurance provided does not meet The
contract requirements, shall not constitute a waiver of The respondenT's
responsibility to meet The stated requirements. In addition, receipt and
acceptance of The certificate of insurance by The City shall not constitute
approval of The amounts or types of coverage listed on the certificate.
2.4 RESPONSE FORMAT
The respondent shall fully complete the attached Contractor's Qualification
and Cost Statement Form. If additional space is needed, extra sheets may be
attached.
PART 3 - STATEMENT OF WORK
3.1 INTRODUCTION:
The City of Delray Beach is soliciting for the services of proposers to
provide tree removal, general construction, demolition, hauling, roof repair,
HVAC, and dredging for possible emergency and hurricane response within the
City's corporate l~m~ts. Proposers may propose for any of the services. The
City anticipates any purchase order that may be awarded will be issued as
either a lump sum or a time and materials purchase order, based on conditions
at time of issuance of the purchase order.
3.2 WORKOBJECTIVE:
The work incl'~:ed consists of furnishing all labor, materials, equipment and
performing of work in accordance with future specifications, work orders, and
purchase orders. The work may involve any of the following procedures:
a) General construction, demolition, renovation, hauling and cleanup
services and disposal at an authorized disposal station or site by the
Contractor. An original bill from the location receiving the trash must
be submitted along with the invoice for other work done on the site
location.
b) Tree trimming, tree topping, tree removal, pruning, and stump
grinding, grubbing, clearing and hauling.
c) Other services: plumbing, roof repair, HVAC repair.
3.3 SCOPE OF WORK:
A: Scope of Services:
For construction and /or tree removal services, the Contractor will be
required to have available on site and in good working conditions any of the
following, depending on the needs of the City.
1) Crews wherein each person is qualified to perform the required
services.
2) Aerial Bucket Trucks, bulldozers, heavy-duty flatbed w/tractor,
backhoe (1 1/2 cubic yard and/or 3 cubic yard capacity), motor grader,
hydraulic excavator on rubber wheels with telescopic boom, (Gradall)
front-end loader (2 cubic yard and/or 3 cubic yard), tractor with box
blade, air compressor with accessory equipment, etc.
3) Caution and detour signs, barricades with flashing lights, and 24"
florescent orange construction cones.
4) Additional equipment/services for tree removal chippers, gas
propelled chain saws, stump grinders and rubber tired or track crane as
required with current OSHA certification inspection.
5
B. Hours:
The number of hours as proposed for each Purchase Order shall be "on site"
work only. The regular hours of work will prevail from 7:00 a.m. to 7:00
p.m., Monday through Friday. Saturday and Sunday work may be required by the
City depending upon the circumstances. The Proposer shall provide a
breakdown of hourly rates for (i) for work performed during regular hours:
and (ii) for work performed during other than regular work hours and beyond
forty (40) hours per week. No work shall be done on Sunday, or any day
between the hours of 7:00 p.m. and 7:00 a.m., UNLESS permission in writing is
obtained from the Project Manager. No overtime work shall be started without
prior written approval by the Project Manager or his designated
representative.
The City will not be responsible for payment for Contractors "down time" due
to equipment maintenance, equipment failure or breakdown, flat tires, lack of
fule, etc.
C. Utilities:
It shall be the Contractor's responsibility to exercise all caution in the
vicinity of any utility. The City will not be responsible for any damage
done to any utility by the Contractor.
D. Basis of Work Assignment:
Ail work assignments during the Contract period will be strictly on an "as
needed" basis. When a need for the Contractor's services is identified by
the Project Manager, the City shall provide the Contractor, in written work
order form, a detailed description of the services to be performed. The City
may elect to proceed with one of the following options:
1) Proposal: City provides a description of the services to a qualified
Contractor. Contractor provides an estimate of the labor and equipment
hours necessary to complete the job. City reviews proposal, negotiates
with Contractor, revises as necessary, and at its option issues a
time-and-materials lump sum purchase order to the Contractor.
2) Low Bid: City provides a description of the services to three
qualified Contractors. Ail three contractors provide a written lump sum
quote to the City. City reviews the quotes, and at its option, issues a
lump sum purchase order to the Contractor with the lowest and most
responsive quote among the three qualified Contractors.
Each Purchase Order shall include the location, description and plans (if
available), covering the scope of work to be completed. The City guarantees
no minimum amount of work to any qualified Contractor. The Purchase Order
shall be deemed an authorization for the Contractor to proceed with the work
when approved and signed by the City Manager, or his designee (Asst. City
Manager, Finance Director, or Asst. Finance Director).
E. Notification:
The Contractor, upon issuance by the City of a Purchase Order, shall start
work at the specified work site within twenty-four (24) hours of the Notice
To Proceed. If the Contractor fails to start work within said twenty-four
(24) hour time period, then the City shall have the right to cancel the
purchase order and issue a new purchase order with another Contractor. The
non-reporting Contractor shall be deemed to have waived all rights subject to
the cancelled Purchase Order.
3.4 LOCATION OF PROJECT:
The Contractor(s) may be required to perform w,?k at any location within the
City limits, based on emergency or hurricane response requirements.
3.5 PERFORMANCE SCHEDULE:
The City expects the majority of the work to be completed in the event of an
emergency or hurricane during season, from June 1 to November 30. Weather
and site conditions may interfere with and/or ex-tend the schedule. The RFP
shall be in effect for a period not to exceed one (1) year, wherein the
prices quoted to the City shall remain fixed.
PART 4 CONTRACTOR'S QUALIFICATION AND COST STATEMENT
The undersigned certifies under oath that the information provided herein is
true and sufficiently complete so as not to be misleading. The respondent
hereby agrees to provide the equipment and labor to the City for the
specified rates in the event of a hurricane or other emergency.
BUSINESS NAME:
ADDRESS:
TELEPHONE NO.: FAX NO.:
OFFICE EMERGENCY NUMBERS (Indicate if cellular or beeper):
TYPE OF ENTITY (Check One):
Partnership Individual Joint Venture
Corporation State of Incorporation
FEID No. (required):
MBE? Certified MBE with Palm Beach County:
MBE Sub's? , Names:
If certified, attach letter/certificate of certification.
Currently under contract with other agencies for emergency assistance?
no yes. If yes, list agencies:
Agree to extend unit prices to other governmental agencies in the event of an
emergency? no yes
8
TYPES OF SERVICES OFFERED:
Hauling Services Plumbing
Tree/Shrub Removal Roof Repair
Demolition Services HVAC
Dredging
Other (specify)
EMERGENCY CONTACTS:
Name: Title:
Home Phone: Beeper/Cellular:
Name: Title:
Home Phone: Beeper/Cellular:
Name: Title:
Home Phone: Beeper/Cellular:
NAME OF COMPANY:
RESPONDENTS SIGNATURE:
TITLE: DATE:
ORGANIZATION
1. How many years has your organization been in business?
2. How mmny years has your organization been in business under its present
name?
3. Under what other or former names has your organization operated?
LICENSING
1. List jurisdictions and trade categories in which your organization is
legally qualified to do business, and indicate registration or license
numbers, if applicable.
EXPERIENCE
1. List the categories of work that your organization normally performs
with it own forces.
10
2. Claims and Suits. (If the answer is yes, please attach details).
2.1 Are there any judgements, claims, arbitration proceedings or suits
pending or outstanding against your organization or its officers?
2.2 Within the last five years, has any officer or principal of your
organization ever been an officer of another organization when it failed
To complete a contract?
3. Attach a list of major projects your organization has in progress,
listing the names of the project, owner, contract amount, j~ercenT
complete and scheduled completion date.
4. Attach a list of five previous projects your organization has completed
in The last five years, including any hurricane or similar emergency
work. Give the name, address, contact name, and telephone number for
each reference.
5. Attach a list of the names or Titles and relevant experience of the key
individuals of your organization.
6. Indicate the availability of the firm and the individuals proposed to
provide the services, specifically during a hurricane event. Identify
other agencies or organizations to which a similar commitment for
hurricane/emergency services has been made. Identify the extent and
nature of any anticipated outside support, including the City.
7. List Trade References:
8. List Bank References:
9. List Bonding Company:
11
REFERENCES
List government agencies or companies that you have had contracts with in the
last five (5) years.
COMPANY NAME:
ADDRESS:
STATE: ZIP
CONTACT PERSON:
PHONE NO.:
COMPANY NAME:
ADDRESS:
STATE: ZIP
CONTACT PERSON:
PHONE NO.:
COMPANY NAME:
ADDRESS:
STATE: ZIP
CONTACT PERSON:
PHONE NO.:
COMPANY NAME:
ADDRESS:
STATE: ZIP
CONTACT PERSON:
PHONE NO.:
12
ADDITIONAL TERMS AND CONDITIONS:
1) Expenses: The Contractor shall supply its own fuel, meals, lodging etc.
for all employees, as needed. Such expenses shall be included in the hourly
rates.
2) Completion of Work: The Contractor shall start and complete one site at
a time in the order the Purchase Orders are issued, unless a Purchase Order
specifically states otherwise. The Contractor shall complete all work within
the specified number of calendar days.
3) Assignment: The Contractor shall not assign, delegate, or otherwise
transfer its rights and obligations as set forth in any Purchase Order
without the prior written consent of the City.
4) Examination of Records: The City or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to the Purchase Order.
Such examination may be made only within five years from the date of final
payment under the Purchase Order and upon reasonable notice, time and place.
The Contractor shall maintain all financial and non-financial records and
reports directly or indirectly related to the negotiation or performance of
the Purchase Order to include supporting documentation for any research or
reports. Such records shall be maintained for a period of five years from
completing performance of the Purchase Order. Records which relate to any
litigation, appeals or settlements of claims arising from performance under
the Purchase Order shall be made available until a final disposition has been
made of such litigation, appeals or claims.
5. Default: If either party fails to fulfill its obligations under the
Purchase Order in a timely and proper manner, the other party shall have the
right to terminate the Purchase Order by giving written notice of any
deficiency and by allowing the party in default Ten (10) calendar days from
receipt of notice to correct the deficiency. If the defaulting party fails
to correct the deficiency within this time, the Purchase Order shall
terminate at the expiration of the Ten (10) day time period.
6. FICA: The Contractor shall be responsible for the payment of all his
FICA and other taxes resulting from any Purchase Order.
7. Invoices: All invoices submitted by the Contractor shall reference the
City's Purchase Order number. The Contractor shall submit the invoices on a
monthly basis to the City's Accounts Payable Division. The City shall pay
the full amount of the invoice within thirty (30) days of receipt and
acceptance, provided the Contractor has performed the work according to the
terms and conditions of this Purchase Order.
8. Safety: The Contractor shall provide first aid services and medical care
to its employees. The Contractor shall develop and maintain an effective
fire protection and prevention program and good housekeeping practices at the
site of performance throughout all phases of construction, repair,
alteration, or demolition. The Contractor shall require appropriate personal
protective equipment in all operations where there is exposure to hazardous
conditions.
13
The City may order that the work stop if a condition of immediate danger to
City ~ployees, or citizens, or the possibility of damage to public or
priviate equipment or property exists. This provision shall not shift
responsibility or risk of loss for injuries or damage sustained from the
Contractor to the City. The Contractor shall comply with the standards and
regulations set forth by the Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and Employment Security, the Federal
and State Department of Transportation (DOT) Regulation and Traffic Control
and Safe Practices, and all other appropriate federal, state, local or City
safety and health standards. The City assumes no duty as to the supervision
of the Contractor and the Contractor shall remain solely responsible for
compliance with all safety requirements and for the safety of all persons and
proper~y at the site of performance.
10. Laws: The Contractor, its employees, subcontractors or assigns, shall
comply with all federal, state, and local laws and regulations relating to
the performance of this Purchase Order. The City undertakes no duty to
ensure such compliance, but will attempt to advise the Contractor, upon
request, as to any such laws of which it has present knowledge.
11. Time: The parties agree that time is of the essence in the performance of
each and every obligation under any Purchase Order.
14
CITY OF DELRAY BEACH
EMERGENCY / HURRICANE RESPONSE SERVICES
REQUEST FOR PROPOSALS #97-28
SCHEDULE OF PRICING
EQUIPMENT LISTING STANDARD OVERTIME
INDICATE IF EQUIPMENT INCLUDES AN OPERATOR. HOURLY RATE HOURLY RATE
THE HOURLY RATE SHALL INCLUDE ALL EQUIPMENT (IF APPLICABLE)
COSTS, FUEL, LUBERCATION, ETC., AND TI{E
ROOM & BOARD EXPENSES OF THE OPERATOR.
$
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$
$ $
$ $
$ $
]5
SCHEDULE OF PRICING CONT .......
LABOR STANDARD OVERTIME
LIST THE TITLES OF AVAILABLE HOURLY RATE HOURLY RATE
STAFF. THE CONTRACTOR SHALL SUPPLY (IF APPLICABLE)
ITS OWN ROOMAND BOARD EXPENSES FOR
ALL EMPLOYEES, AND SUCH EXPENSES
SHALL BE INCLUDED /N HOURLY RATES
$ $,
$ $
$ $
$ $
$ $
$ $
$ $
$
$ $
$ $~
16
£1T¥ DF IffELRi:IV BEI:I£H
CITY ATTORNEY'S OFFICE ~.~,,:::~,,.~,,~,-~'* ~'~'~ ~''~ ..,,~r~,.,.~. ~.~,¥; ~ ~ ~'~.~ ,~,;,~',,, ~.0~,~, ~4~
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ail. America City MEMOI~ANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Release of Water Service Agreement
William L. Wallace and Kathleen S. Wallace
The attached release agreement, if approved, will release the Wallaces from the two
water service agreement entered into in 1983 and 1984. The property which is the
subject of the two agreements is at the northwest corner of Wallace Drive and Linton
Boulevard. All terms and conditions of the agreements have been fulfilled. Therefore, a
release may properly be granted at this time.
If you have any questions, please call.
DNT:smk
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
wallace.dnt
This instrument prepared by
RETURN TO:
David N. Tolces, Esq.
200 N.W. ist Ave.
Delray Beach, FL 33444
RELEASE OF WATER SERVICE AGREEMENT
This release, is made this ~: day of . . ~..'.--~,~..o~-{, , 1997, by and between the
CITY OF DELRAY BEACH, FLORIDA ("City") WILLIAM L. WALLACE and
KATHLEEN S. WALLACE ("Owner").
WITNESSETH:
WHEREAS, the terms and conditions of the Agreementsfor Water Service dated
November 7, 1983 and February 14, 1984 between the City and Owner have been fulfilled;
and,
WHEREAS, Owner is requesting a release of this agreement.
NOW, THEREFORE, the parties agree as follows:
1. The terms and conditions of the Agreement for Water Service dated November
7, 1983, between the City and Owner and recorded in the Official Records of Palm Beach
County, Florida, Book 4143, Pages 1005-1007 have been complied with regarding the
following described real property:
See Exhibit "A"
2. Therefore, as the terms and conditions of the Agreement have been fulfilled,
the City and the Owner release each other from the Agreement for Water Service dated
November 7, 1983.
3. The terms and conditions of the Agreement for Water Service dated February
14, 1984, between the City and Owner and recorded in the Official Records of Palm Beach
County, Florida, Book 4204, Pages 833-836 have been complied with regarding the following
described real property:
See Exhibit "B"
4. Therefore, as the terms and conditions of the Agreement have been fulfilled,
the City and the Owner release each other from the Agreement for Water Service dated
February 14, 1984.
5. Owner agrees to record and pay for the cost of recording this insturment.
IN WITNESS WHEREOF, the City and Owner have set their hand and seals on the
day and year fh'st above written to this Release.
WITNESSES:
'-- WILLIAM L. WXLLACE
Print Name:
Print N ame."~czr~o..r-a
2
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this ~ day of
1997 by WILLIAM L. WALLACE, who is personally known to me-or- ,,,~,,-
....... , ...... ~ :~;~-~i~ ~o ~de~cad~and who did (did not) take
HICO~ A. ROBINSON
Ho~ P~ ~e ol ~1~
uy co~~ame[~ Signature of Notaw ~blic - State
Commission ~CC~14 of Florida
WITNESSES: ~ -- ,..~,, _
~THLEEN S. WALLACE
ame: ~~ ~.~
STATE OF FLORIDA
foregoing instrument was acknowledged before me this ~' day of/~U~j, iLq--~'. ,
The
1997 by KATHLEEN S. WALLACE, who is personally known to me-or
----------~-.--~n) as idcr',d~w, atio~ and who did (did not) take
an oath. ~ ' 0,_) A. )~)~~10rft,.; , .
Signature of Notary Public - State
of Florida
NICOLA A. ROBINSON
Notary Public, State of Florida
My Commissmn Expires June 7. ~998
Commission/tCC380214
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to form:
~-~ ~--~. City Attorney
wallace.agt
4
... ~ .... .. ~ ,'.'
CL~K CIRCUIT CO~ ., '
[IT¥ DF DELRI:I¥ BERgH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: City Commission ne~
FROM: David N. Tolces, Assistant City Attor
SUBJECT: Assignment of Tennis Center Management Contract to Dubin &
Associates, Inc.
The City Attorney's Office received a request from BJCE, Inc. to assign the current
tennis center management contract to "Dubin and Associates, Inc." Pursuant to the
contract, acceptance by the City Commission of the assignment is required. Therefore,
by motion, the City Commission should approve the change to "Dubin and Associates,
Inc." if the assignment is acceptable.
If you have any questions, please call.
DNT:sn~
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Joseph Weldon, Director of Parks and Recreation
dubin.dnt
AM~ENDMENT TO MUNICIPAL GOLF COURSE MANAGEMENT
AGREEMENT DATED NOVEMBER 1. 199,~
Tl:rl'~g AMENDMENT to the Municipal Golf Course Management Agreement dated
November l, I994 is made this d..~ day of ~-~ , 1996 by and between
the CITY OF DELRAY BEACH (the City) and K/CE, INC. (d/b/a Dubin and Associates)
(referred to herein as Dubin).
WIT/gE $ SETH:
W~lr~REAS, the parties entered into a Management Agreement dated November 1, 1994,
to provide for management services at the Delray Beach Municipai GoLf Course and have
amended that agreement to a/so provide for management services at the Lakeview GoLf Course;
WHEREAS, the parties desire to amend the Agreement to provide for the provision of
managemem services for the Delray Beach Municipal Tennis Center in addition to the Lakeview
GoifCourse and the Delray Beach Municipal GOLf Course.
NOW, TW~REFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated November 1, 1994, is hereby amended to provide the
followiag additional terms for the management of the Tennis Center.
:~. The City shall pay Dubin for the performance of work at a base monthly rate of
$1500.00 per month payable on the Sa'st of month. Payments will be prorated for services
provided for less than one month.
4. The City shaIl also accept and pay the actual cost of reimbursables as follows:
(a) Payroll costs for Dubin's employees who are working full-time or part-time at the
Delray Beach Municipal Tennis Center. The payment of such payroll costs is
subje~ to the City Manager or his designee's prior approval, and. only such
(b) LiabiliW insurance as required by Paragraph 11 of this Amendment and Paragraph
1~ o£the origir~ Agreement;
(c) Pre-approved travel expenses;
(d) l~leage at $.26 per mile;
(e) Telephone, maik facsimile and miscellaneous om-of-pocket expenses.
Al/expenses will be i~emized and submitted with receipts and shall be billed at cost on a monthly
basis.
5. Dubin shall manage the Tennis Center from May 22, I996 through September 30,
1997.
6. Dubin and his employees, volunteers and agents shall be and remain independent
comracrors and not agents or employees of the City with respect to all of the acts and services
performed by and under the terms of this Amendment. Provided that, the current City employees
working at the Tennis Cemer shall remain employees of the City until June 30, 1996. This
Amendment shall not in any way be construed to create a partnership, association or any other
kind of joint undert2king or venture between the parties hereto.
7. Notwithstanding the above, either party, with or without cause, may terminate this
agreement with ninety (90) days prior written notice delivered in person or transmitted certified
rv,,~, return receipt requested.
8. The work shall generally consist of those services more particularly set forth in
Exhibit "A" to this amendment. Exhibit "A" is attached hereto and incorporated as if fully set
forth herein.
9. This amendment is subject to the terms and conditions of existing comracts
between the City and third parties that are currently in effect regarding the Tennis Center.
I0. It is reco~'fized by Dubin that the Tennis Center has been financed with proceeds
of tax exempt debt and may be re-financed from time to time in the future and that the Internal
Revenue Code of 1986, as mended, limits the private use of governmentally owned facilities
constm~ed with tax exempt debt, such as a tennis stadium, in order to maimain the tax exempt
status of the debt issued to finance the same. Notwithstanding any other provision of this
Amendmem to the contrary, this Amendment shall automatically terminate, without any required
notice by the City, ii'any payment required to be made under the provisions ofth/s Amendment to
the City would, together w/th any other private use payments made or required to be made by any
other entity(les) or person(s) for the use of the Tennis Center or related facilities, adversely affect
the exclusion from gross income for federal income tax purposes on any interest obligation (herein
"negative tax consequences") of the City issued to finance or refinance the Tennis Center or any
par: thereof. Such a termination shall not constitute a default on the part of either party to this
Amendment. Upon such termination, it is the intent of the parties hereto to enter into a new
agreement which would contain different or modified payment terms and/or mounts acceptable
to both of the parties hereto, and which, in the opinion of the City's bond counsel, would not have
negative tax consequences.
11. Dubin shall provide the City with insurance certificates showing the following
minimum insurance coverages relating to the Tennis Center, which 'coverage shall be maintained
throughout the te,,~, of this Amendment.
A. Worker's Compensation. Coverage to apply for all employees for
Statutory lirdts in compliance w/th the applicable State and Federal laws. In addition, the
policy must include the following:
1. Employers' Liab/lity with a limit of $$00,000 each accident.
2. Notice of cancellation and/or restriction. The policy must be endorsed to
3
provide the City w/th thirty (30) days wr/~en notice of'cancellation and/or
restriction.
B. Comprehensive Genera~ Liability. Cover~je must be afforded on a ~o~ no
more re~ve ~t ~e l~e~ ~on of ~e Compreh~ive ~e~ L~ Po~ ~
by ~e ~ce S~ ~ce ~d m~ ~clude:
I. ~ L~s ofto~ ~v~e ~ be $5,000,000 p~ o~ce
~~ s~e ~t for Bo~y ~j~ L~ ~d Prop~ D~e
L~, ~e b~ic po~ to be ~ ~d ~o~ ~ ~ ~cess ~v~e
(~d ~e ~ to m~ ~e $5,000,000 ~~ to be acc~le to
· e Ci~.
2. ~s~ m~or Op~o~, ~clu~ m~t ~W ~d ~quor
3. ~dep~dent Con~ors.
Produ~ m~or Completed Op~a~ons. ~b~ s~ ~t~ ~ ~orce un~
~t leut ~ee (3) y~ ~er comple~on of~ se~ces req~ed ~der the
~en~en~ ~ve~e ~or produ~s ~d ~mple~ed opera~ons, ~clu~g
Bro~ ~o~ Prope~ D~e.
5. XCU Cov~es.
6. Broad Fo~ Prope~ D~ge ~ctu~g Completed Op~afio~.
7. Broad Fo~ Con~ Corette app~ble to ~s sp~c ~en~ent,
~clu~g ~y hold ~ess ~or ~de~fion ~ent.
8. Pe~o~ ~j~ cov~e ~ ~ploy~ ~d con~ ~cl~ons
r~ov~.
9. ~e Ci~ h to be sp~y ~clud~ ~ ~ ~fio~ ~ed (~clu~g
produ~).
10. Notice of C~ce~afion ~or ~om ~e po~ ~ be endorsed to
pro,de ~e Ci~ ~ ~ (30) days ~ no~ce of ~ce~on ~or
r~on.
11. A Be~ ~ ofno less ~ B+ 12 h r~ed for ~y c~e~ pro~d~g
~v~e r~ ~der ~e te~ offs ~~t. -
4
I2. Dubin agrees to hold the City harmless fi.om loss, dan~a~e, injury or l~ab~ty arising
fi'om the act. s or omissions of Dub~ hLs employees, agents, subcontractors and theh' employees
and agents.
13. This Amendment togeth~' with the original agreement and my written
~menflments hereto, constitute the entire Agreement between the part/es relating to the subject
n~tter hereof'. It is the final express/on of'agreement between the parties, thus, neither part7 shall
be chi/tied to rely upon my conflicting oral representations, assurances, claims or disclaimers,
n~le e/flaer prior to or s/multaneous w/th the execution o£this Amendment.
14. Except as ~:q~ressly modified in writing herein or as modified by subsequent
written ana~ndments, all other terms and conditions of' the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the part/es.
IN WITNESS ~OF, the City and Dubin have set their hand and seals on the day
and year ~rst above written to this Amendment to the Municipal Golf Course Management
Agreement and three counterparts, each of'which shall cons~tute an original.
WITNESSES: B.ICE, INC.
Brahm Dubin, Presidem
(Nan~ tuinted or typed)
(Name printed or typed)
CORPORATE A ,CtC~OWLEDGMENT
State of Florida
The foregoing instalment was acknowledged before me this ({'0.~q~day of
- 0
~he is per~onally known to me or has produc~ffC~Ol~C~{t~ I~'(~L~~t3rpe of
identitication) as identitication and did (did not) take an oath.
Si~ofNotary Public - State
O~t'
Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
Appmv~l ~ to form: ~-~
6
The scope of the work will include but will not be limited to the following:
1. Supervise and direct the t~eneral operations of the tennis center owned by the City.
2. Oversee all admidstraZ/on of all tennis center operations, assuring that proper accounting
systems are in place.
Perform an on=going review of total operational costs/'or the tennis center.
4. Insure that adequate internal control systems are in place in all areas of the operation.
5. P~'orm monthly reviews of the financial statements and provide monthly financial
statements in the format prescribed to the City.
6. Prepare operating and capital improvement budgets.
7. Prepare, plan and implement all marketing and promotional programs, subjec~ to current
agreements between the City and third parties.
8. Approve ali expend/tm'es before they are submkted for payment to the City and ensure
expend/lures are made in compliance w/th the City purchasing poi/c/es.
9. Assure that the h/ghest standards of general maintenance are main~ed, except for the
landscape and landscape h-rigafion rnnintenance.
10. Provide monthly tennis center maintenance reports.
11. Coordinate concert, spec/al events, tenn/s tournaments (professional and amateur) and all
other events w/th their promoters and special event coordinators, subjec~ to current
agreements between the City and third parties.
12. Dubin shall h/re and employ all personnel necessary to mainta~.', and operate the tends
center, subject to Paragraph 6 of the Amendment. Dubin will have full authority over the
h/ring and firing of all Dubln personnel.
13. Dubin shall operate and maintain the tends center operation in accordance with all federal,
state and local government laws and regulations, including health department regulations
and state liquor board regulations.
14. Work closely w/th all c/vic groups, tends patrons and a/terschool programs.
[lTV OF I]ELRRV BEI:I[H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
A~l. America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Acceptance of Utility Easements - Roseaire Re~rcat
The attached two easements are granted to the City for the installation of sanitary sewer
improvements associated with the Roseaire Retreat development. The first easement
from Roseaire Retreat, Inc. covers a 12' x 25' rectangle at the south edge of the
property. This easement will be used for sanitary sewer.
The second easement from Lee's Crossing - Delray Beach Limited Partnership, is for a
110' x 12' rectangle running between Lots 21 and 22 of the Lee's Crossing Subdivision.
The sanitary sewer line will be installed within this easement and connect with the
sanitary sewer easement on the Roseaire Retreat property. Acceptance of both easement
deeds is recommended.
Please call if you have any questions.
DNT:smk
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Richard Hasko, Assistant Director of Environmental Services
roseair.dnt
Prepared by: RETURN:
David N. Tolces. Esq.
City Attorney's Office
200 N.W. Ist Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this ,3cci day of ,._'-~£L~L/ , 1997, by and between
ROSEAIRE RETREAT, INC. by Mary Rodriguez, with a mailing address of 2810 S.W. 8th
Street, Boynton Beach, FL 33435, party of the first part, and the CITY OF DELRAY
BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a
municipal corporation in Pahn Beach County. State of Florida, party of the second part:
WlTNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for tile purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
DESCR, IPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
(name print'ed or typed) Print Name:
WITNESS #2:
(nm..~ printed or typed)
STATE OF FLORIDA
cOUNTY oF
The tbr~going insu'um~nt was acknowledged b~for~ m~ this ~'day of
'~~ , 1997 by /~ ~ ~D~ff~E~(name of officer or agent, title of
officer or agent) of ~'~ff / ~~ame of corporation ac~owledging), a
~a//~ 6//~ ~' ~
~ c/c~,,. ~z~-~state or place of incorporation) co~oration, on behalf of the
co~orauon. He~ne is personm~y ~own to me or has pr~aced ~E~~-
(type of identification) as identification and did (did not~ ta~an o~.
~g~mre of ~otfi~ ~blic - State
of Florida
L~NDA ~ENECA
E~ ~y. 0~,
EASMEN F.DED
j~ SKETCH OF DESCR/P T/ON
s. 8g°46'IO"W.
,12.0'
~ Ld ,-SOUTH LINE OF N.V~
[ OF SECTION
NON TH LINE
N.W. CORNER LOTS 21 & 22 THIS IS NOT A SURVEY
LOT
22
~ C.A. = CENTRAL ANGLE
C.B. = CHORD BEARING
R. = RADIUS
~ ~ ~ SgCr~ON ~/~/~2 = SgCr~ON ~,
~ ~ TOWNSHIP 46 SOUTH, RANGE 42 EAST
~ ~ ~ ~ ~ THE NORTH LINE OF LOTS 21 · 22,
~ ~ ~ 176-t77) IS ASSUMED TO BEAR N. 89*46'10"E.
DESCRIPTION:
~ ~ A PORTION OF rile NORTH QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST
~ QUARTER OF SECTION 1~, TOWNSHIP 46 SOUTH,
~ ~ ~ ~ RANGE 42 EAST, PALM 8EACH COUNTY, FLORIDA.
~ ~ ~ ~ MORE PARTICULARLY DESCRIBED AS FOLLOWS:
~ ~ ~ ~ ~ ~ BEGINNING AT [HE NORTHWEST CORNER OF SAID
~ ~ ~ LOT 22, SAID POINT ALSO BEING ON THE SOUTH
~ ~ ~ ~ LINE OF SAID NORTH QUARTER OF THE SOUTHWEST
~ ~ ~ ~ OUARTER OF THE NORTHWEST QUARTER OF SECTION
~ ~ ~ 15; THENCE N. 89~46'10"E., ALONG THE NORTH LINE
, , /LOTS 21 & 22
I
~o' ~N~R~ ~ I, - I
UTILITY EASE~ENT ~~--NT
RC - 12. 17'
R. ~ 9O. 0'
C.A. - 7"44'57"
C.B. = N. 80"22'54"~. ~X~ ~
~EE ~OAO
TRA C T A JO~ N. SUITER
5UR~YOR AND MAPPER ~'lJl4j
OATE: JUI~ 26, t997
O~REN, $¢TER ~ O~REN, ~C
CERTF~A TE OF AUTHORI~A T~N ~LB353
~ SURVEYOR RND MAPPER ~ RESPONS~LE
CHARGE: JOHN N. SUITEN
2~01 NORTH FEDERAL ~GHWA Y
OELRAY 8[RCH FLOR~ ~348~
ONDER ~7~-43C (5~I) 27S-450~ (5~1) 732-~279
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. Ist Ave.me
Delrny Beach, Florida 334,14
EASEMENT~
Tills INDENTURE. made Ibis /~_ day of/~ 1997, by and bct,vccn
party of thc ti,'st part, and thc CITY OF DELRA~XCI[, wfi~ ~ mailing address of loo
N.W. l sl Avcnuc. Delray 15tacit. Florida 33444. a municipal corporation in l'ahn Beach County,
State of Florida, party of thc scctmd part:
WITNESSETII: Tllal thc party of the first purl, fi)r and in consideratiou of the stun of
Ten {$IO.(lOI Dollars aud off,er good ami valuable consldcrati~us to it in hand paid by the said
party of thc second part, the receipt of which is hereby acknowledged, does hereby granl,
bargaiu, sell and release unto the pmty of thc second part, its successors and assigns, a right of
way and perpetual easement lbr the pnrp~se of: installation and maintenm~ce of public utilities
with fifll aud fi'ce right, liberty, and aulhority to enter upon and to iustall, operate, and maintain
such utilities well un&r, across, through and upon, over, under or wilhin the following described
property located in Pahn Beach Couuty, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the furlhcr right in the party of the secoud
parly, its successors and assigns, of ingress aud egress over and on that portion of land described
above, to ellkct the purpos::s of the casement, as expressed hcreiuallcr.
That lifts casement shall be subject only to those easements, restrictions, and reservations
of record. 'lhat the pmny of the first part agrees lo provide for the release of any aad all
mortgages or liens encumbering this easement. The party of the liter part also agrees to erect uo
buikling or effect auy other kiud of conslructioa or improvemenls upon the above-described
property.
It is understood that upou completiou of such iustallation, all hinds disturbed thereby as a
result of such installation or spoilage deposited thcrcou, will be restored to its original conditiou
or better wiflmut expense to thc property owner.
l'arty of the lirst part docs hereby fiflly warraut the title to said land and will defend thc
same against thc lawlid claims of all persons whomseevcr chfimed by, through or uuder it, flint it
bas good righl and laxvfi~l authority to graut thc above-described e~semcnt and that thc same is
tmcncuu~bcred. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the pa~ies.
IN WITNESS WIIEREOF. llle parties to this Easement Deed set their hands and seals
tile day and year first above writlen.
,~I'FN~ PA RTY OF THE FIP. ST P,I~T
~(namc prin~d or typed) a Florida limited paOnership
By: I.~'s Crossing-Delray Beach OP. L.C..
WITNESS fl2: a Florida limiled liabilily company
G~ral P~
(name printed or ~yped)
STATE OF FLORIDA [ J~es K. {Irillin, Jr.
he foregoing inst~ment was acknowledged before me this /~ day of
~.cer~r agent) or ~.~- ~s ~(nmne o~ corporation acknowledging), a
~'~m~'~~ (state or place of inco~oration) co~oration, on behalf of the
corp~ratio~he is personally known ~o me or has produce
(type of identification) as iOentification and did
of Florida
~v.~o~ JANET ~. WARGIN
~ ~ ~ COMMISSION ,CC305344
EA~MENFDED ~ EXPIRES AUG4, 1997
~' A anl~c Bonding Co.. Inc.
80o-732.72a5
SKETCH OF DESCRIPTION
S. 8g°46'10 12.0:
~ ~ OF s.~,.,/~ o~' ~.w.',/,~
OF SECTION ,3/~B/,~ EXHIBIT A
N. Sgo46,IO,,E.'
NO
NORTH LINE
N.W. CORNER- LOTS ~1 ~ 22 THIS IS NOT A SURVEY
LOT 22 C.A. ~ CENTRAL ANGLE
C.B. ~ CHORD BEARINO
R. ~ RAOIUS
~ ~ SECTION ~5~2 ~ SECTION
~ ~ TORNSH(~ ~ SOUTH, RANGE ~2 EAST
~ ~ ~ THE EAST 6.0 FEET OF LOT 21 AND THE WEST
' ' 6.0 FEET OF LOT 22, LEE'S CROSSING, ACCORDING
~ ~ IQ THEPLAT THEREOFAS RECORDEOINPLAT
~ ~ ~ 80OK 76, PAGES 176-177 OF TIlE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
LINE
LOTS 21 & 22
10' GENERAL
UTILITY EASEMENT
ARC - 12. 17'
R. -- 90.0'
LEE ROAD
TRACT A
SUR~ YOR AND MAPPER //
DATE: ,,lUNg 2&, I§97
O'BRIEN. SUITER & O'BRIEN. INC
CERTIFICATE OF AUTHORIZATION
· * SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: JOHN N. SUITER
260! NORTH FEDERAl HIGHI/YA Y
OELRAY BEACH FLORIDA 33465
~,7I_4jm (56~) 276-450! (56I) 7J2-J27g
ORDER
[ITY OF DELRI:I¥ BEI:II:H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
F L 0 R I D A
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Acceptance of Easement Deed - Gleason Street Sidewalk from 1995
Atlantic Center Associates Ltd.
The City Attorney's Office obtained the attached Easement Deed from the owner of
property located on the west side of Gleason Street south of Atlantic Avenue. The City
will now have the responsibility to maintain the sidewalk which is currently in this area.
The easement covers an area approximately 83' x 4' on the west side of Gleason Street.
If ;you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Sharon Morgan, City Clerk's Office
Hoyt Owens, Deputy Director of Public Works
gleason2.dnt
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. Ist AvemJe
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this 10tl~lay of June , 1997, by and between 1995
ATLANTIC CENTER ASSOCIATES LTD., a Florida limited partnership, with a mailing
address ofP.O- Drawer 1929, Delray Beach, FL 33447-1929, party of the first part, and
the CITY OF DELRAY BEACII, with a mailing address of 100 N.W. 1st Avenue, Delray
Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of
the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of a public
sidewalk with fifll and free right, liberty, and authority to enter upon and to install, operate, and
maintain said sidewalk well under, across, through and upon, over. under or within the following
described property located in Pahn Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A'
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of snch installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #k ....... PART dE RT
£
Bonnie Peacock By:
(name printed or typed) Print Name:--~ ~'Paul S. Ferber
1995 Atlantic Center Associates, Ltd.,
WITNESS#2: a Florida limited partnership
by: 1000 Associates, Inc., a Florida
J a~n Wi ~ corporation, general partner
~ ~ Paul S. Ferber, President
tty
(name printed or typed)
STATE OF FLORIDA
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this 10th day of
June , 1997 by Paul S. Ferber (name of acknowledging partner
or agent), partner (or agent) on behalf of 1995 Atlantic Center Assoc~name of
partnership), a partnership. He/~h~: is personally known to me ~mxxlm~x~z~k~k
n/a (t~l~YF~ltq,,l~L'~¥;~~llC,4~and did (~I~Y~I9 take
an oath. ~ ....... -~
Signature of Notary Public - State
of Florida
BONNIE G. PEACOCK 1
Notary Public. State of Florida
^TLANTIC.DED My Comm. Exp Sept. 17.19981
NO. CC407642
SKETCH OF DESCRIPTION
(~ATLANTIC A VENUE
SOUTH RIGHT OF N. 89°45'O5"E. I
WA Y LINE ATLANTIC -t I'~ ~ I
~o.o' ~
~0.0'
4, 0 EXH*IT A
s. 89'4 5 '05 "w.
,' ~ .... ~., ~z .... -.
LEGEND: ~ ~ .'
ri'liS IS NOT A SURVEY S~YO~]~D .MA~R ~t514
THE WEST RIGHT OF WA Y LINE . . '.
OF GLEASON STREE~ IS ASSUMED '
TO BEAR S. 0~2'55"~. - ~ '... , ~XX~ ,'
P.O.B. = POfNT OF BEGINNING DA~:.. ~)~7"
O~REN, S~rER ~ O~R~N, ~C
CER ~A TE
S~YOR A~ MAPPER ~ RESPONS~LE
CHARGE: JOHN N. SUI~ER
2~0~ NORTH FEDERAL f~GHWA Y
ORDER ,~97-48"A" (SSl) 27~-4501 (56t) 7J2-3279
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~'N ' - MEETING OF SEPTEMBER 9, 1997
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: SEPTEMBER 5, 1997
This is before the Commission to ratify various actions approved
by the SCRWTD Board at its meetinG of AuGust 20, 1997. By a vote
of 8-0 the Board approved the followinG:
· Authorization to enter into contract with Hazen & Sawyer for
design and construction of a sludge management plan, in an
estimated amount not to exceed $257,662.
· Authorization to expend $4,000 from the sinkinG fund to
replace radiator hoses and replace coolant on small
emergency Generator in blower buildinG.
· Authorization to expend $2,000 from the sinkinG fund on an
emergency basis to fabricated scope valves for 4, 5, & 6
clarifiers.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
ROBERT J. HAGEL ~'~///~~_ Telephone
Executive Director ~~ (407) 272-7061 (407) 734-2577
Fax: (407) 265-2357
HEHORA#DUM
TO: City Clerk, Delray Beach
FROM: Mary Ann Shumilla ~
DATE: September 3, 1997
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Special Meeting of August 20, 1997 which require
signatures. Would you please place these on the Agenda for your next Commission
meeting.
Would you please contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF AUGUST 20, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on August 20, 1997, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO
CONTRACT WITH HAZEN & SAWYER FOR DESIGN AND CONSTRUCTION OF
SLUDGE MANAGEMENT PLAN.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
AUG,1£ '97 1~'30_.. FROH HAZE~I ~AtdYER-B~._ ~ ~
AGENDA #D (2)
WORK ORDER NO. I
SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
CONSULTING SERVICES WORK ORDER
DATE: August 12, 1997
WORK ORDER NO, 1 FOR CONSULTING SERVICES: engineering, permitting, bidding
eonstmctlon phase services for Phase ! improvements to the existing sludge manageme~
facilities.
BACKGI~OUND
The South Central Regional Wastewater T~eatment and Disposal Board (SCRWTDB) Treatment
Facility is a 26 MGD complete mix activated sludge treatment process which serves the Cities of
Boynton and Delray Beach. Thickened sludge (7 percent solids) is treated with lime to meet Class
B stabilization regulatory requirements. Disposal of the liquid sludge is presently achieved by land
application to permitted sites utilizing a licensed sludge hauler.
The limited number of permitted liquid sludge disposal sites within an economical distance of
treatment facilities has created concern among utilities with respect to the long term reliability of this
disposal option. Additionally, the inability of a utility to dispose of its sludge product during South
Florida's rainy season due to wet land application sites creates difficulties. This situation
necessitates that the SCRWTDB fadlity currently store liquid sludge in on-site holding tanks during
these wet periods. A total of 3 days storage is currently provided. In extreme cases, excess solids
must be recycled back to the treatment process which can lead to process upset problems. It is
the desire of the SCRWTDB to implement a phased improvement program to provide a reliable,
long term sludge stabilization and disposal process including the rouse (to the extent practicable)
of existing infrastructure.
Process selection is essentially "end user" or product disposal driven. Regulatory agency $crutirly
with respect to process, distribution and marketing practices must be addressed. In the short tenn,
liquid sludge disposal ~emains a viable option. In the long ten'n, all indications of current trends
suggest land application and land filling of a dewatered Class B product have reasonably promising
futures within the South Florida region as sludge disposal options.
Several alternative paths have been identified to build upon SCRWTB's existing Class B )iquid
sludge disposal process. Alternatives range from improved storage and odor containment.through
sludge dewatering and pre or post-lime stabilization to a thermal d~jing system to produce a Class .
A sludge product. The focus of a successful plan is to provide solutions the! can be Incrementally
implemented to match regulatory and market requirements.
Work to be completed under this consulting services work order focuses upon:
· Increased liquid sludge storage capacity and transfer pump capabilities.
· Enclosed sludge truck loading facility with odor containment.
· Sludge truck holding buildin~ to queue trucks for haul-out
PR OSC3OS. BCA:08- f2-97' 1
;t!_',~ 12 '97 15:3! FROM HA.ZEN SAWYER-BOCA PAGE.003
· Rehabilitation of odor control system.
· Rehabilitation of existing sludge holding tanks, covers and appurtenances.
· Evaluation and rehabilitation of process equipment, pumps, and related mechanical
items.
· Pilot testing of liquid sludge acid trim process to determine full scale feasibility to
reduce lime consumption for a Class B produce and/or produce a Class A product.
Further improvements to the existing system to produce a dewatered Class B or Class A sludge
product may be implemented under future work orders.
ASSUMPTIONS
The Scope of Work described herein is based upon the following materials being provided by the
SCRVV'I'DB and assumption from discussions with SCRVV'I'DB staff.
· Existing as-built construction drawings, O&M manuals and supporting
documentation.
· Sludge production records.
· Truck haul-out records.
· Equipment maintenance records.
SCRWTDB shall provide copies of existing as-built construction drawings of the existing chemical
building and associated complex to employ as a design drawing base for the proposed work.
Recognizing that the SCRWTDB can not guarantee the accuracy of the drawings for subsequent
reuse, CONSULTANT shall verify critical dimensions, equipment and piping orientation, spare
electrical and control conduit availability through field observation and measurement.
CONSULTANT shall adjust base drawings as necessary to reflect the actual as-built dimensions
of critical elements.
SCRWTDB shall provide excavation equipment and labor upon request of the CONSULTANT to
excavate underground piping, valves, conduit and appurtenance for field verification arid
measurement of buried items.
CONSULTANT shall provide geotechnical engineering services to obtain subsurface sob borings,.
determine soil loading factors, evaluate foundation design options and recommend foundation
· deSign for the proposed structures. '
_~CO.P_E_OF.WORK
The Scope of Work described herein is for services to provide preliminary design memoranda,
design, permitting, bidding, construction, administration office support and related engineerillg
· services for the installation of additional sludge storage, truck loading/holding facilities, odor control
· fac4'lities and ancillary equipment. Specific capital project elements include:
PRO$C3OO. EJCA,'08.12-97 2
PRGE. 004
AUG I-' 'q'7 15:.:,! FROH HAT'EH SAt,JYER-~OCA
· Enclosed sludge truck loading facility with odor containment.
· Rehabilitation of existing odor control system.
· Rehabilitation of existing sludge holding tanks, covers and appurtenances.
· Demolition of abandoned flotation thickening units and construction of additional
covered sludge holding tanks.
· Evaluation and rehabilitation of process equipment (mixer and lime slurry feed
system), pumps and related mechanical items.
· Field instrumentation and local control panel.
· Electrical modifications and additions as necessary for the proposed equipment.
BASIC ENGINEERING_. SERVICES
TASK 1 - PRELIMINARY DESIGN PHASE
Under this task, CONSULTANT shall prepare preliminary design memoranda, preliminary contract
drawings and cost opinion. CONSULTANT shall develop final design criteria for the process based
on historical solids production data, contract hauler records and regulatory agency general design
parameters.
One Or more preliminary design memoranda shall be prepared to consider:.
· Operating sequence, truck loading logistics (one or two bays) and storage capability
of existing tankage.
· Modifications to existing tank covers and access ways.
· Sludge hauler wet weather/dry weather storage logistics and oPtimal storage tank
size and process flow scheme to maximize process flexibility.
· Economic evaluation (S/dry ton solids) for current liquid and future dowatered lime
stabilized sludge disposal options.
· Evaluation of maintenance history of existing sludge mixer and lime sluny pumps
and recommended equipment rehabilitation/replacement.
, Evaluation and recommendation of methods and costs to measure amount of sludge
being hauled off-site (truck scale, flow totalizer, tank volume displacement, etc.).
· Evaluation of' existing odor control system and recommended rehabilitation
/improvements to serve the truck loading and chemical building ventilation
requirements. Considerations shall include fan and chemical system operating
sequences during intermittent loading periods as well as air volume requirements
for odor containment and ventilation of truck exhaust fumes.
· Instrumentation, controls and electrical system tie-in requirements.
' PROSC305. BCA:08'12-97 3
· AUG 12 '97 15:32 FROH HAZE14 SAt~Y£F',-BOCA PAGE.005
CONSULTANT shall work in dose cooperation with SCRWTDB staff and shall conduct three design
review meetings with staff during the preliminary design period. CONSULTANT shall meet with the
operators of the facility and contract sludge hauler to review present operational standards and to
consider operational concerns.
The preliminary contract drawings, design c..dteria and cost opinion will be furnished to the
SCRWTDB to provide sufficient detail as a basis for a 30% design review by the $CRW'I'DB.
CONSULTANT shall furnish five (5) copies of the preliminary design documents to the SCRWTDB
for review.
CONSULTANT shall conduct one design review meeting with the $CRWTDB following the 30%
review submittal.
TASK 2 - FINAL DESIGN PHASE "
Upon completion of the 30% review and receipt of comments from the SCRWTDB, CONSULTANT
shal~ proceed with the preparation of the final design contract documents for the construction of the
proposed improvements and appurtenances.
CONSULTANT shall prepare contract documents which shall include the following: invitations to
bid, information 1o bidders, bid fen'ns, contract agreement forms, general conditions, special
conditions, and technical specifications. The technical specifications shall be prepared in
aCCOrdance with the division format of the Construction Specifications Institute.
CONSULTANT shall provide for review and approval by the SCRVVTDB, its legal counsel and other
advisors, five (5) copies of the 90% constructibitity review sets Consisting of design drawings, and
contract documents as described above for review.
CONSULTANT shall provide a detailed final cost opinion based upon the completed final design
drawings and contract documents as approved by the $CRVVTDB. The cost opinion shall reflect
changes in general scope, extent or character of design requirements incorporated during the
· various design review stages.
CONSULTANT shall produce the final design drawings on standard 4..mil, 22oinch by 34-inch Mylar
sheets.
TASK 3 -- BIDDING PHASE
CONSULTANT shall assist SCRVVTDB in advertising for and obtaining bids o~- negotiating
proposals for construction, materials, equipment and set'vices. It is anticipated.that ali work will
be awarded under a single construction contract.
CONSULTANT shall issue twenty (20) sets of final design drawings and contract documents
necessary to receive bids and recommend contract award in aocordence with SCRVVTDB
. [xmChasing requirements. CONSULTANT shall attend a pre-bid conference end shall receive and
· process-deposits (non-refundable) for bidding documents and shall maintain a record of prospective
. bid(leis to whom bidding documents have been issued.
· - : PRO~C305.BCA:O8'12-97 4 ;
:
· AUG lz 'gT 15: .... FROH HAZEI-I SAI.,,1YER-13,0CIZl PR
CONSULTANT shall issue addenda and shall provide supplemental information or clarification, as
aPl:~opriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during
the bid pedod.
CONSULTANT shall advise SCRWTDB as to the acceptability of subcontractors, suppliers and
other persons and organizations proposed by the Contractor(s) for those portions of the work as
to v,,flich such acceptability is required by the bidding documents.
CONSULTANT shall advise SCRW'TDB as to the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of contract is allowed by
the bidding documents.
TA$I( 4 - GENERAL OBSERVATION OF CONSTRUCTION
Subtask 4,1 Program Management
CONSULTANT sl'iall attend a preconstruction conference with representatives of SCR~NTDB,
contractors end major subcontractors for the construction contracts. CONSULTANT will prepare,
in writing, minutes of conference. CONSULTAN'Ps Project Manager, Project Engineer,
subconsultants and other personnel, as required shall affend. Level of effort under this subtask
she!! not exceed 320 hours. CONSULTANT shall review Contractors monthly payment requests,
aflend bi-weekly construction progress meetings and conduct periodic site visits during the course
of the project.
Subtask 4.2 Submittal Review
CONSULTANT shall review and process shop drawings, samples, schedules, certifications and any
other data which the construction contractor is required to submit. The review will be for
conformance with the design concept and compliance with the information given in the construction I
contract documents. CONSULTANT will submit reviewed shop drawings/submittals to SCRWI'DB '.
for their records. A total of 20 submittals are estimated for this subtask. Level of effort under this -
subtask shall not exceed 200 hours.
Subtask 4,:3 COntract Interpretation
CONSULTANT shall issue neCessan/interpretations and clarifications of the construction contract
documents, in writing, and assist in the preparation of change orders as required.
CONSULTANT shell interpret the requirements of the construction contract documents, evaluation
of the acceptability of the work thereunder, end make recommendations on all claims of the
Contractor and advise $CRW'i'DB as to the acceptabir~y of the work or the interpretation of the
· requirements of the COnstruction contract documents pertaining to the execufJon and progress of
the work. A total of 10 RFI's are anticipated for this work. Level of effort under this subtask shall
not exceed 80 hours.
Subtask 4.4 Special Inspections
CONSULTANT shall provide specialty engineering inspection services (struc~ml, instrumentation,
etc,)' during critical activity periods (tank rehabilitation, final re*bar placement, concrete pours,
placement of mechanical equipment, etc.) to supplement on*sEe inspectors. Level of' effort under
'-this subtask shall not exceed 80 hours.
PRO sc3os.BCA-'OS--12-g7 5
Subtask 4.5 Concrete Testing
SCRW'I'DB shall furnish the services of a concrete testing laboratory to perform concrete tests as
detailed in the construction specifications and as deemed necessary by CONSULTANT.
Subtask 4.6 Geotechnical Services
CONSULTANT shall furnish the services of a geotechnical firm to Witness and review foundation
test results as required to assure compliance with the construction documents and as deemed
necessary by CONSULTANT,
Subtask 4.7 Final Inspection
CONSULTANT shall conduct a final inspection with the SCRVVTDB to determine if the project has
been completed in accordance with the contract documents and if the construction contractor has
fulfilled his obligations thereunder. CONSULTANT shall recommend, in writing, final acceptance
of the work to the SCRVVTDB. SCRVVTDB may, at SCRW'TDB's option proceed to make final
payment to the construction contractor.
CONSULTANT shall certify to the best of its knowledge, in writing, that the project has been built
in aCCOrdance with the plans and specifications, based upon available construction recOrds..Level
of effort under this task shall not exceed 8 hours,
Subtask 4.8 Certification of Construction Completion
Upon determination that the project has been completed in accordance with the Contract
Documents, that the construction contractor has fulfilled his obligations, and that all systenls are
functioning as designed, CONSULTANT shall certify to the Florida Department of Environmental
Protection only to the extend verified through on-site construction period engineering services that
fl~e pr0jec~ was constructed in accordance with the plans and specifications submitted in the permit
'application with the following exceptions: field changes, modifications to systems, additional ..
systems and as-built drawings submitted by the Contractor. Level of effort under this subtask shall
not exceed 8 hours.
Sub,ask 4.9 Record Drawings
Prepare one set or reproducible record drawings (As-builts) showing those changes made during
the construction process based on the marked-up prinls, drawings and other data furnished by
Contractor(s) to CONSULTANT and which CONSULTANT considers significant. Level of effort
under this subtesk shell not exceed 40 hours.
TASK 5 _ PERMITTING SERVICES :
CONSULTA.NT shall prepare and submit, on behalf of the SCRVV'TDB, construction permit
applications and all required support documentation to the Department of Environmental Protection.
AI~ associated permit application and filing fees shall be determined by CONSULTANT and paid by
.$CRWTDB. Any soil and/or groundwater sampling and analysis required by any of the identified
agencies for the purpose of obtaining the listed permits shall be obtained and paid for by the
SCRWTDB.
PROSC305.BCA:08--12.97 6
AUG 12 '9? 15:3a FROM HAzE'N SAWYER-BOCA PAGE.BBB
In addition to the preparation of permit applications for the above regulatory agency (agencies),
CONSULTANT shall assist the SCRVV'1'DB in consultations with the appropriate authorities.
CONSULTANT shall attend up to two (2) meetings with each of the regulatory agencies during the
review of the final payment applications and respond to one (1) request for additional information
from each agency.
Permitting services provided are limited to 80 hours. Engineering services beyond 80 hou~ to
respond to regulatory agencies' requests shall be negotiated as additional work at the approved
rate in this Contract.
ADDITIONAL SERVICES
TASK A1 - ACID TRIM FEASIBILITY EVALUATION
CONSULTANT together with SCRWTDB staff shall visit an existing sludge management facility
which currently employs the acid trim process, to time evaluate the feasibility of use of this
technology for the SCRWTDB operation. Results of the feasibility evaluation shall include an
overview of the process, potential implementation plan, design criteria and estimate of probable
cost.
PRO$C3OS. BCA:08..12og7 7
AU.G 12 97 15:c, 4 FROM HAZEN SAWYER-BOCA PAGE.009
CONTR.~CTPE. I~F. ORMANCE
Proposed fees and schedule for completion of major work tasks under Work Order No. I are
summarized below.
SUMMARY OF PROPOSED FEES
Proposed labor costs and associated expenses for basic engineering services and additional
engineering services are tabulated below and detailed in Affachments A.
BASIC ENGINEERINGSERVlCES EXCEED FEE
TASK 1 - PRELIMINARY DESIGN PHASE $ 45,000
TASK 2 - FINAL DESIGN PHASE $100,000
TASK 3 - BIDDING PHASE $9,588
TASK 4 - GENERAL OBSERVATION OF CONSTRUCTION $65,480
TASK 5 - PERMITTING SERVICES ~
TOTAL BASIC ENGINEERING SERVICES $228,4'18
ADDITIONAL. SERVICES
TASK A1 -ACID TRIM FEASIBILITY EVALUATION $6.~.4~.
TOTAL ADDITIONAL SERVICES $6,744
REIMBURSABLE F_,~, ,pEI~SES
Reimbursable expenses billed in accordance $22.50q, (allowance)
with.the AGREEMENT
GRAND TOTAL $257,662
Fees for basic engineering services and additional services to be based Upon approved hourly raw.
.. saJary rates in accordance with the Agreement for engineering services times a 3.00 multiplier.
PRO'SC305.BCA'Oe-12-g7 8
AUG 1~ '97 ]=:c, 4~ FROH HAZEN SAWYER-BOCA PAGE.O10
COMPLETION DATES
The duration of major work tasks are summarized below.
TIME (DAYS) FROM
_B.A..SIC ENGINEERING SERVI_CE.S. TASK AUT_HORIZATIO_N
TASK '1 - PRELIMINARY DESIGN PHASE 45
TASK 2 - FINAL DESIGN PHASE 60
TASK 3 - BIDDING PHASE 60*
TASK 4 - CONSTRUCTION PERIOD SERVICES 270
TASK 5 - PERMITTING PHASE
TASK A1 - ACID TRIM FEASIBILITY EVALUATION 15
"Assumed bid, evaluation and award of a single contract,
** Estimated, based upon usual regulatory agency review period,
Refer to the attached project schedule (Attachment B) for a bmakdow~ of major tasks and a
graphical representation of key project milestones.
· PRO$C,3OS. BCA:OS-f2.g7 9
15:35 FROH HA,~EN SAWYER-BOCA PAGE.011
The CONSULTANT may not commence work on any Work Orders approved by the 8CRWTDB
without a further written notice to proceed,
Approved by:
$CRWTDB: CONSULTANT:
Date: Date: _;,'A .t._/I"~
Attest: Attest:~
Reviewed by:
PRO $C30$. BCA:08-12-9 7 10
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF AUGUST 20, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on August 20, 1997, by a vote of 8-0, approve AUTHORIZATION TO EXPEND
~2,000. FROM THE SINKING FUND ON AN EMERGENCY BASIS TO FABRICA TED
SCOPE VALVES FOR 4,5 & 6 CLARIFIERS. PRESENT VALVES ARE DETER/ORA TED
BEYOND REPAIR.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF AUGUST 20, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on August 20, 1997, by a vote of 8-0, approve AUTHORIZATION TO EXPEND
;4,000. FROM THE SINKING FUND TO REPLACE RADIATOR HOSES AND REPLACE
COOLANT ON SMALL EMERGENCY GENERATOR IN BLOWER BUILDING. WORK
PERFORMED IMMEDIA TEL Y AFTER HOSE FAlL URE.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of , , by a vote.
CrTY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
MEMOR~kND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ~'0' - MEETING OF SEPTEMBER 9, 1997
FINAL PAYMENT/ANTONIO SANCLEMENT
DATE: SEPTEMBER 5, 1997
This is before the Commission to approve final payment in the
amount of $1,445 to Antonio Sanclement for installation of
hurricane shutters at the City Attorney building.
The work has been completed to the satifaction of City staff.
Recommend approval of final payment in the amount of $1,445 to
Antonio Sanclement, with funding from Buildings (Account No.
334-6111-519-62.10).
Agenda Item No. oO' 0
AGENDA REQUEST
Date: August 21. 1997
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: September 9. 1997
Description of item (who, what, where, how much): Staff request City. Commission
approval of Final Payment to Antonio Sanclement in the amount of $1.445.00 for the
installation of Hurricane Shutters at the City_ Attorney Building. Funding is available from
Account number 334-6111-519-62.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City_ Commission approval of Final Payment to
Antonio Sanclement in the amount of $1.445.00 for the installation of Hurricane Shutters
at the City Attorney Building.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review/(a'e~red on all items involving expenditure of funds):
· Funding availabl~O
,~ Funding alternative~(It"applicable):
/t~)l' Account No. & Description ~-~-(~ I1~ - ~ Icl. ~
~V Account Balance ~ {q :q_'"'-~0 -
City Manager Review: Y(~I ~ tI
Approved foragenda: ._.. O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9739~agreq909
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, A.I.A.~'~
Construction Mana~jer
Date: August 21, 1997
Subject: AGENDA REQUEST 9/9/97
City Attorney Hurricane Shutters
Project No. 97-039
Attached is an Agenda Request for City Commission approval of Final Payment
to Antonio Sanclement in the amount of $1,445.00 for their work on the City
Attorney Building Hurricane Shutters. The work has been completed to the
satisfaction of City staff.
Funding is available from Account Number 334-6111-519-62.10.
cc: Dick Hasko
Randal Krejcarek
9/9/97 Agenda file
File 97-039 (A)
s\...\9739~agmem909
ANTONIO SANCLEMENT- GENERAL CONTRACTOR
5880 NE 22 Avenue, Ft. Lauderdale, FL 33308 · Ph.:(305) 776-5348 · Fax.:(305) 776-7664
INVOICE
08/15~97
SOLD TO: SHIP TO: CITY OF DELRA Y BEACH
CITY OF DELRAY BEACH: ENVIRONMENTAL SERVICES
CITY ATTORNEY'S OFFICE 434 S. SWINTON AVENUE
PURCHASE ORDER NO.559317 DEl_RAY BEACH, FL 33444
BILL TO: CITY OF DELRAY BEACH
ACCOUNTS PAYABLE
100 N.W. FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
P.Order # Due Date Cust # P.O.Box # Ship Via Terms
559317 Cty. Delray Sold & Installed 10% of total
after approval
by commission.
Qty Order Qty. Ship. Item No. Description Reference P.O.Order SPrice
Roll-up-
Shutters Bid ~97-30. 559317 1,445.00
Flodda State Sub total'. 1,445.00
Sales Tax Exemption: No. 60-08-116241-54C Tax: 0.00
Shipping & handling:
Previous amount owing:
Credit:
You pay this amount: 1,445.00
[IT¥ DF DELRR¥ BERgH
CITY ATTORHEY'$ OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
DELRAY BEACH~
~ POLICE LEGAL ADVISOR
Ali,America City
TO: David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: August 21, 1997
SUBJECT: Code Enforcement Board Rules
I have attached for your review and insertion on the Consent Agenda are two
originals of the Code Enforcement Board Rules. Pursuant to your request, the
rules have been formatted legislatively to reflect the changes from the prior
rules. I have also included a copy of my July 11, 1997, memo to explain the
changes from the previous rules.
If you find the revised rules acceptable, please place this item on the Consent
Agenda, have both copies executed by the Commission and forward the
originals to the City Clerk for filing.
Feel free to contact me if I can be of further assistance in this matter.
EDH:Ibg ~ ~',
c: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
Harden11 docslmemos/citymang
Pnnted on Recycled Paper
CITY ATTORIE¥'$ OFFICE
TE[.F. PHONE 40'7/243-?823 · F^CS[Ni[[,E 407/243-7816
POLICE LEGAL ADVISOR
AIl,~merica City
TO' David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: July 11, 1997
SUBJECT: Code Enforcement Board Rules
Attached for your review and insertion in the Consent Agenda are two copies of
the above-referenced rules. The only change from the previous rules adopted in
1995 is the deletion of the sections in Article VIII related to administrative fines
and liens. It was felt by the City Attorney's Office that these issues are already
covered by the Code of Ordinances in Sections 37.42 and 37.43 of Chapter 37:
Delray Beach Code Enforcement. As such, there is no need to repeat these
sections in the rules. Other than these deletions, the rules are the same as the
previous rules. A copy of the 1995 rules is included for your information.
If these rules are acceptable, please place this item on the Consent Agenda,
have both copies of the rules executed by the Commission and forwarded to the
City Clerk for filing.
Feel free to contact me if I can be of further assistance in this matter.
EDH:Ibg ~/-/~/
c: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
Attachment
HardenlQ doc/memosJcitymang
Pnnted on Recycled Paper
RULES OF THE CITY OF DEI.RAY BEACH
CODE ENFORCEMENT BOARD
Article I: General Governing Rules.
The Code Enforcement Board (hereinafter referred to as "the Board")
shall be governed by Chapter 37, Title III of the Code of Ordinances of the City
of Delray Beach, Florida, Florida Statutes Chapter 162 and the Rules of
Procedure set forth herein, as adopted by the Board and approved by the City
Commission.
Article I1: Officers.
1. The Board shall elect a Chair, and Vice-Chair, annually in the
month of January, from among its members by a majority vote of its members
present and voting.
2. The Chair (or in his/her absence th,~ Vice-Chair) shall preside at all
meetings and hearings of the Board and rule on all points of order and
procedure.
3. The Board Clerk(s), appointed by the City Manager, shall record
the proceedings of the Board, keep minutes of the meeting, take roll call, record
the vote of the Board and shall carry out such other duties as may be assigned
by the Board.
Article II1:Meetings, Quorum, Conflicts.
1. The Board shall meet every second and fourth Tuesday of each
month at 1:30 p.m. at City Hall, in the City of Delray Beach, Florida, unless there
is no cause to hold such a rneeting or its falls on a Holiday as designated by the
City of Delray Beach.
2. A special meeting may be called by the Chair, or upon written
notice signed by at least three (3) members of tl":e Board, or upon request of the
Code Enforcement Administrator of the City of Delray Beach, Florida.
3. A quorum is required in order to hold a meeting. A quorum shall
consist of four (4) or more members of the Board. Ali findings and orders of the
Board require a vote of a majority of its member..; present and voting, except that
at least four (4) members of the Board must vote.
4. All meetings shall be open to the public. The Board Clerk shall
administer oaths to all persons testifying before the Board.
5. The order of business at meetings shall be as follows:
a) Meeting called to order by Chair.
b) Board Clerk calls the roll.
c) Board Clerk calls the cases to be dismissed or postponed.
d) Board Clerk administers the oath.
e) Hearing of cases. Cases of persens in attendance at the
time the oath is administrated shall be called first.
f) Unfinished business.
g) New business.
h) Approval of minutes.
i) Adjournment.
The Chair may change the order of business at his/her discretion.
6. Adjourned Meetings: The Board may adjourn a regular meeting, if
all business cannot be disposed of on the day set, to a time and date certain,
however, notice of the time and date of the postponement shall be given to the
alleged violator affected by the adjournment.
7. Conflicts: A Board member shall not abstain from voting unless the
member has a conflict of interest pursuant to the requirements of Florida
Statutes, Chapter 112, Section 112.3143(4)(a).
Article IV. Absences, Removal From Office.
If any regular Board member fails to attend two (2) of three (3) successive
meetings without cause and without prior approval of the Chair, the member's
office shall be deemed vacant, and the City Commission shall promptly fill such
vacancy. The members shall serve at the pleasure of the City Commission; and
may be suspended for cause at any time by a majority vote of the City
Commission; and may also be removed for cause at any time by a majority vote
of the City Commission, according to the procedures for removal of board
members as set forth in the Code of Ordinances of the City of Delray Beach.
Article V. Parliamentary Procedure.
Roberts Rules of Order shall be the fin~=~l authority on all questions of
parliamentary procedures.
Article VI. Hearing Procedures.
1. The hearings for the Code Enforcement Board shall be governed
by the following rules:
a) Hearings shall be informal and need not be conducted
according to technical rules relating to evidence. They
shall, however, be conducted in accordance with accepted
parliamentary procedure relative to motions, votes and
decisions. Fundamental due process shall be observed and
shall govern all hearings.
b) All relevant evidence shall be admitted if, in the opinion of
the Board, it is the type, of evidence upon which a
3
reasonable and responsible person would normally rely on,
in the conduct of business affairs, regardless of the
existence of any common law or statutory rule which might
make such evidence inadmissible over objections in civil
actions. The Chair of the Floard may exclude irrelevant or
unduly repetitious evidence.
c) Hearsay evidence may be accepted for the purpose of
supplementing or explaining any dlrect evidence, but such
hearsay evidence shall not in and of itself be considered
sufficient to support a fir'ding or decision, unless the
evidence would be admissible over objections in a civil
action.
d) Each party to the hearing shall have the right to: call and
examine witnesses; introduce exhibits; cross-examine
opposing witnesses; impeach witnesses and rebut evidence.
e) The alleged violator has the right to be represented by an
attorney at the formal hearing. All testimony before the
Board shall be under oath and shall be recorded. The
alleged violator or the City may cause the proceedings to be
recorded by a certified court reporter or other certified
recording instrument.
f) If the City prevails in prosecuting a case before the Board, it
shall be entitled to recover all costs incurred in prosecuting
the case before the Board.
2. The order of hearings shall be as follows:
a) Presentation of case by Code Enforcement Administrator or
his/her designee.
b) Presentation of defense by e:lleged violator.
4
c) Questions of Code Enforcement Administrator from Board
Member(s) recognized by Chair.
d) Questions to alleged violator by Board Member(s)
recognized by Chair.
e) Rebuttal by alleged violator, if any.
f) Rebuttal by Code Enforcement Administrator, if any.
g) Disposition of case by Board.
Article VII,Powers of the Board,
1. The Board shall have the power to: Adopt rules for the conduct of
its hearings not otherwise in conflict with Chapter 37, Title III of the Code of
Ordinances of the City of Delray Beach, Florida, or Florida Statutes Chapter
162; Subpoena alleged violators and witnesses to its hearings; Subpoena
evidence; take testimony under oath; issue orders having the force of law
commanding whatever steps are necessary to effect compliance. The City, the
Board, or the alleged violator may request that witnesses and records, including
surveys, plats, and other materials, and other evidence be subpoenaed to any
formal hearing. Subpoenas may be served by officers of the City Police
Department. ,.,..., ....i,;.,~...., .,,,..... ~""'"'""r''' .... =c,"vcr. The Chair of the Board shall provide
the Clerk of the board with sufficient signed and blank witness subpoenas to be
provided to alleged violators in the City for the purpose of subpoenaing
witnesses, records, and other evidence. The alleged violator(s) shall pay to the
City a fee of ($22.00) for each subpoena issued.
'""~'' '"~7 '" " ' ' "'~ ~'~'~7
3. Injunctive relief: In the event the Board believes that a violation
presents aserious threat to the public health, sa[ety and welfare, the Board may
direct the Cily Attorney to seek appropriate injcnctive relief in the name o~ the
City from the Circuit CouP, Nothing ~ntained in the Code of Ordinan~s of the
City of Delray Beach, Florida, Florida Statutes Chapter 162, or the rules of the
Code Enforcement Board shall prohibi~ the City from enforcin~ i~s ~des by any
other means.
Article VIII. Appeals, Reconsiderations, and Enforcement Orders.
1. Appeals: Every enforcement order of the Board shall be final
subject to the right of the aggrieved party, including, without limitation, the City
or the violator, to appeal a ruling or order of the Board to the Circuit Court of the
Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida. Such
an appeal shall not be a hearing de novo, but shall be limited to appellate review
of the record created before the Code Enforcement Board. An appeal shall be
filed within thirty (30) days of the execution of the order to be appealed.
2. Reconsideration: A violator may make a request for the board to
consider a reconsideration in the lien amount no more than once every six (6)
months.
3. Enforcement Orders: Every enforcement order of the Board shall
be in writing and shall include findings of fact and conclusions of law. Every
enforcement order shall be signed by the Chair and shall be filed in the office of
the City Clerk. A copy of the signed order shall be served either by certified
mail, return receipt requested or personally to the violator or other authorized
person or firm, however, if said ,-,ct!"~ ic !n~ff~cti';c service cannot be effected,
service shall be by~.......,,'"'--+i""'.~ publication or posting as authorized by Florida
Statute 162.12(2). In lieu of publication, notice may be posted for at least 10
days in at least two locations, one of which shall be the property upon which the
violation is alleged to exist and the other of which shall be posted at City Hall.
The Board shall, in every proceeding, reach a decision without unreasonable or
?
unnecessary delay and shal~, in all instances, reach a decision within twenty (20)
calendar days from the date of the hearing.
Article IX, Amendments; Effective Date.
1. These rules may be amended by concurring vote of four members
of the Board present and voting, provided that tl~e proposed amendment(s) has
been presented in writing to the Board at least one (1) meeting prior to its
adoption. The Board's rules and regulations shall not be inconsistent with the
provisions of Chapter 37, title III of the Code of Ordinances of the City of Delray
Beach, Florida or Florida Statutes Chapter 162.
2. These rules of procedure shall be reviewed by the Boa.~d not less
than every two (2) years. Recommendations for proposed amendments shall be
made in writing.
3. These rules shall become effective upon approval by the City
Commission.
Enforcement Board
These rules of procedure were adopted by the Code
on this dayof __ ,19~_../ /
Approved by the City Commission on the day of
,199_.
City of Delray Beach, Florida
ATTEST:
Jay Alperin, Mayor
City Clerk
Approv,~~
Eric D. ~l'igl~wer
Police Legal Advisor
C~.al~ddoc~agreemen
8
MEMORANDUM
DATE: September 5, 1997
TO: David Harden, City Manager
FROM: Lula Butler, Director, Community Improvement
RE: Resolution No. 69-97 Endorsing the Creation of a
State Minimum Building Code
ITEM BEFORE THE COMMISSION:
Consideration of Resolution No. 69-97 endorsing the creation of a State Minimum
Building Code based on the recommendation of the Governor's appointed Building Code
Study Commission.
BACKGROUND:
The Chief Building Official, Jerry Sanzone, has reviewed recommendations and issues
considered by the Governor-appointed Building Code Study Commission. He has also
participated in reviews and discussions of the same over the past two (2) years as a
member of the County and State Building Official's Association of Florida and the
Building Code Advisory Board of Palm Beach County. All three of these organizations
have endorsed the creation of a State Minimum Building Code. The City's adoption of
this resolution would be consistent with their position.
We would like to point out that local government is defined as Palm Beach County under
Section 2 The Chief Building Official supports the current process and review of
proposed code amendments on a County-wide basis through the BOAF and the
Building Code Advisory Board.
RECOMMENDATION:
Staff recommends City Commission approval of Resolution No. 69-97 endorsing the
creation of a State Minimum Building Code permitting flexibility to adopt local
amendments, local control of appeals and enforcement.
LB:DQ
RESOLUTION NO. 69-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ENDORSING THE ADOPTION OF
ONE MINIMUM BUILDING CODE FOR THE ENTIRE STATE,
PROVIDING THAT SUCH CODE WILL PERMIT LOCAL
GOVERNMENT FLEXIBILITY TO ADOPT CERTAIN LOCAL
AMENDMENTS; LOCAL CONTROL OF CONSTRUCTION APPEALS
BOARDS AND LOCAL ENFORCEMENT AND ADMINISTRATION OF
BUILDING AND FIRE CODES.
WHEREAS, the Governor's Building Code Study Commission
is evaluating the effectiveness of Florida's Building Code System
in the interest of providing uniform public safety in the built
environment; and
WHEREAS, the recommendations of this Commission will be
proposed for enactment into State Law in the next legislative
session; and
WHEREAS, the impact of those recommendations and
subsequent legislative changes will impact the adoption and
enforcement of building, housing and fire codes in the City of
Delray Beach; and
WHEREAS, those recommendations will impact the level of
service delivery and minimum protection afforded the citizens of
Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: The City Commission of the City of Delray
Beach, Florida hereby officially expresses its support of one
State minimum building code which is flexible and promotes
innovation in construction.
Section 2: The City Commission of the City of Delray
Beach, Florida endorses a State building code that is a national
consensus model building code and not a code created by or
promulgated by the State of Florida.
Section 3: The City Commission of the City of Delray
Beach, Florida endorses a State building Code that permits local
enactment of building, housing and fire code amendments to a
State building code that will better serve or protect our
community.
Section 4: The City Commission of the City of Delray
Beach Florida endorses a State building code that provides for
local administration and enforcement of building, housing and
fire codes without interference from a State Board or agency.
Section 5: The City Commission of the City of Delray
Beach, Florida endorses a State building code that permits
building and fire code appeals to be heard and concluded at the
local government level (including municipal level) without having
a State Board as a further appellate body to review local
decisions.
Section 6: This resolution shall take effect
immediately upon its adoption.
PASSED AND ~OPTED in regular session on this 9th day
of September, 1997.
ATTEST:
- C~Y C~r~
-2- Res. No. 69-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~j~
SUBJECT: AGENDA ITEM # 0'~' - MEETING OF SEPTEMBER 9, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 5, 1997
Attached is the Report of Appealable Land Use Items for the
period August 18 through September 5, 1997. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIAINE DOMINGUE"Z, DIRECTC~I~---._5
DEPARTMENT OF PLANNING ~'ND ZONING
FROM: //'JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF SEPTEMBER 9, 1997 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
AUGUST 18, 1997 THRU SEPTEMBER 5, 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 18,
1997 through September 5, 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 September 9, 1997
Page 2
A. Approved (7 to 0), the master plan modification to allow a
redesignation of use from "Light Industry" to "Service Industry" for
Delray Park of Commerce Tract G-2, located at the northeast
corner of lake Ida Road and Congress Avenue.
No other appealable items were considered by the Board. The following
items which were considered by the Board will be forwarded to the City
Commission for final action.
Recommended approval (6 to 1, McCarty dissenting), of a rezoning
from RM (Medium Density Residential) to CF (Community Facilities)
for a parcel of land located on the west side of S.W. 1st Avenue, north
of S.W. 2nd Street for St Paul's Episcopal Church.
· Recommended approval with conditions (7 to 0), of a conditional use
request to allow the storage and rental of light construction equipment
for Rental l-Delray, located at the northeast corner of N.W. 18th
Avenue and Dr. Carol Krol Way, approximately 420 feet east of
Congress Avenue.
· Continued to the September meeting (6 to 1, Eliopoulos dissenting),
the proposed amendment to the Land Development Regulations
Section 4.3.4(J)(1) "Height:, Section 4.3.4(K)"Development Standards
Matrix", and Appendix A "Definitions", to implement the
recommendations of the Large Home Task Team.
· Recommended on a 6 to 0 vote (Carbone absent), that the City
Commission transmit to the Florida Department of Community Affairs,
Comprehensive Plan Amendment 97-1.
1. Approved (6 to 0), 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, north of Atlantic Avenue.
City Commission Documentation
Appealable Items Meeting of September 9, 1997
Page 3
2. Approved (5 to 0 [Smith abstaining]), a master sign program for
Office Depot, located on the west side of Congress Avenue, south
of Germantown Road.
3. Approved (6 to 0), a master sign program for Video Avenue,
located at the northeast corner of Federal Highway and Avenue "L"
within the South Delray Shopping Center.
4. Approved (5 to 0 [Martin abstaining]), the architectural elevation
plan and a color change associated with the renovation of an
existing commercial building for Morrison-Swank Office Building
(fka Irene's), located at the northwest corner of N.E. 1st Street and
N.E. 4th Avenue.
5. Approved (6 to 0), a request for a color change at Delray Cafe (fka
Joan Maree's Restaurant), located at the southwest corner of
Atlantic Avenue and S.E. 5th Avenue (Southbound Federal
Highway).
6. Approved (6 to 0), a request to eliminate the requirement for a right
turn lane at the Villas D' Este, a proposed 191-unit rental complex,
located on the north side of West Atlantic Avenue at the
intersection of West Atlantic Avenue and Hamlet Drive.
7. Approved (6 to 0), the request to add cellular communication
equipment building for Bell South Mobility, Inc. on the roof of the
Sun Sentinel Building located at the northeast corner of Congress
Avenue and the L-38 Canal.
8. Approved (6 to 0), the site plan, landscape plan and architectural
elevation for the Carriage Homes of Waterford Park, a proposed
300-unit apartment complex, located south of Linton Boulevard,
between 1-95 and Lindell Boulevard within the Waterford/Delint
DRI. Concurrently, the Board approved (5 tol[Carter dissenting]) a
reduction in the required parking spaces from 607 spaces to 582
spaces.
9. Approved (6 to 0), the site plan, landscape plan and architectural
elevation plan associated with the construction of a 10,000 sq. ft.
industrial building for Florida Trilogy Inc., located at the
southwest corner of Lime Lane and Poinsettia Drive. Concurrently,
the Board approved the following waivers:
City Commission Documentation
Appealable Items Meeting of September 9, 1997
Page 4
· Reducing the right-of-way width for Poinsettia Ddve and
Lime Lane from 60' to 50' thus waiving the requirement for
this property to dedicate 5 feet for both streets; and,
· Eliminating the requirement for a sidewalk along Lime Lane
and deferring the installation of the sidewalk along Poinsettia
Drive.
Also, the Board approved the orientation of the overhead door
towards Lime Lane and Poinsettia Drive.
S. Denied (5 to 0, Farrington and Hurlburt absent), the Certificate of
Appropriateness for a second floor porch railing at the Anchorage
Condominium as constructed and required that the railing be built
to conform to the approved plans. The subject site is located at the
northwest corner of the Intracoastal Waterway and S.E. 1st Street.
T. Approved with conditions (5 to 0), the Certificate of
Appropriateness associated with facade changes to the American
Legion Building, located on the east side of N.E. 5th Avenue,
between N.E. 2nd Street and N.E. 3rd Street.
U. Approved with conditions (5 to 0), a free standing sign for the
Pineapple Place Medical Office Building (fka Open MRI Office),
located at the northeast corner of N.W. 1st Street and N.W. 1st
Avenue.
V. Approved (7 to 0), the Certificate of Appropriateness for the design
elements associated with the addition of canvas awnings for the
single family residence at 275 N. Swinton Avenue.
W. Approved with conditions (7 to 0), the Certificate of
Appropriateness, site plan and landscape plan associated with the
conversion of a single family residence to a law office at 23 South
Swinton Avenue. Concurrently, the Board approved the request to
reduce the landscape strip from 5' to 3' along a portion of the north
property line.
City Commission Documentation
Appealable Items Meeting of September 9, 1997
Page 5
X. Approved with conditions (7 to 0), the Certificate of
Appropriateness, site plan and landscape plan associated with the
conversion of a single family residence to a mixed residential/office
use for Fender Residence/Office Renovations, located on the
east side of N.W. 1st Avenue, approximately 150 feet south of
Martin Luther King Jr. Boulevard (N.W. 2nd Street). Concurrently,
the Board approved the following waivers:
· Eliminating the requirement of the 10' dedication of right-of-
way for N.W. 1st Avenue;
· Reducing the requirement for the landscape strip from 5' to
3' along the easternmost parking space and from 5' to 2 1/2'
to 3' along the south property line;
· Reducing the width from 12' to 10' for the driveway aisle.
Y. Approved (7 to 0), two non-illuminated wall signs and a
strip/band sign for the display windows for the Durango's Attic,
located at 700 E. Atlantic Avenue.
Z. Approved (6 to 0 [Turner absent]), two free standing signs for
Old School Square, located at 51 N. Swinton Avenue.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF SEPTEMBER 9, 1997
L-30 CANAL
I
.J
LAKE IDA ROAD
N.W, 2ND
S.W. 2NC
ATLAN~C
LOWSON BOULEVARD
UNION BOULEVARD
BOULEVARD
CANAL C-15 CANAL
C,~L,M~TS ........... S.P.R.A.B. P. &: Z.:
1. - RADIO SHACK AT THE SHOPPES A. - DELRAY PARK OF COMMERCE TRACT G2
OF DELRAY
MILE
' I 2. - OFFICE DEPOT H.P.B.'
.3. - VIDEO AVE
SCALE 4. -- MORRISON & SWANK OFFICE BUILDING S. - ANCHORAGE CONDOMINIUM
.5. - DELRAY CAFE T. - AMERICAN LEGION BUILDING
I%1 6. - VILLAS D'ESTE U. - PINEAPPLE PLACE MED. OFFICE BLDG.
I~1
7. - BELL SOUTH MOBILIS, INC. V. - 275 N. SWlNTON AVENUE
~ 8. - CARRIAGE HOMES OF WATERFORD PARK W. - 2.3 S. SWINTON AVENUE
CITY OF DELRAY BEACH, FL 9. -- FLORIDA TRILOGY, INC. X. - FENDER RES./OFFICE RENOVATIONS
Y. - DURANGO'S ATTIC
PLANNING DEPARTMENT Z. - OLD SCHOOL SQUARE
-- O/¢/r,4L ~E ~4P $~STE~Z --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~[~' - MEETING OF SEPTEMBER 9, 1997
AWARD OF BIDS AND CONTRACTS
DATE: SEPTEMBER 5, 1997
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid award in the amount of $184,949 to Man-Con, Inc. for
S.E. 4th Street infrastructure improvements, with funding in
the amount of $112,603 from 442-5178-536-61.78 and $72,346
from 448-5411-538-62.34, through budget transfer from
448-5411-538-99.01.
2. Multiple bid awards in the estimated annual amount of
$194,740.27 to various vendors for pipe fittings and
accessories for the Water/Sewer Network and Construction
Divisions, with funding from various accounts in the Water
and Sewer Fund.
3. Bid award in the amount of $721,622 to Akerblom Contracting,
Inc. for construction of Phase II of the Aquifer Storage and
Recovery Well at the North Reservoir site, with funding in
the amount of $672,822 from 441-5181-536-69.18 and $48,800
from 440-5179-536-69.18.
AGENDA REQUEST
DATE: September 2, 1997
Request to be placed on:
x Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: September 9, 1997__
Description of item (who, what, where, how much) Project No. 95-29
This project generally consists of the construction of approximately 1000 linear feet of stormwater drainage
pipe and 11 stormwater drainage structures. Construction of 1600 linear feet of 8 inch D.I.P. water main,
reconnection of 10 existing water services, installation of 3 new fire hydrants, and removal of approximately
1200 linear feet of existing 2 inch water main. This project also includes construction of 3000 square feet of
concrete driveway aprons, 1200 square feet of concrete sidewalk, pavement markings, 2200 square yards
of roadway reconstruction, and 3500 square yards of asphalt level and overlay.
The lowest responsible responsive bidder of the ten (10) bidders for this Project is Man-Con Incorporated
with their bid in the amount of $184,949.00.
Funding source for this pro_iect are Accounts No. (Budget Transfers Attached)
Water Distribution Improvements 442-5178-536-61.78 $112.603.00
Stormwater Utility. Fund: SE 4th Street 448-5411-538-62.34 $ 72.346.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Project No. 95-29, SE 4th Street Infrastructure
Improvements to Man-Con Incorporated with their bid in the amount of $184,949.00.
Department Ho~~ ~
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 availabl~'~O
Funding alternative~ ,-- ~- (if~ applicable) .
Account No. & Des.~riptionC~d~Z.-~'~'4~- ~{o. (ol ~ c~. ¥,~.{::;~- ~'~',5~c:,~3~-;~v~
Account Balance ~ tlZ,~O~ ~D~,~, ~,~1~C
City Manager Review: (3¢~?~ bOO
Approved for agenda:(~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 95-29(A)
projects/95-29/contract/agenda.doc
City Of Delray Beach · of Environmental Services
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
DATE: SEPTEMBER 2, 1997
SUBJECT: SE 4TH STREET INFRASTRUCTURE IMPROVEMENTS
PROJECT NO. 95-29
Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on
September 9, 1997.
The lowest responsible responsive bidder for this Project is Man-Con Incorporated with a total
evaluated bid of in the amount of $184,949.00.
This project generally consists of the construction of approximately 1000 linear feet of
stormwater drainage pipe and 11 stormwater drainage structures. Construction of 1600 linear
feet of 8 inch D.I.P. water main, reconnection of 10 existing water services, installation of 3 new
fire hydrants, and removal of approximately 1200 linear feet of existing 2 inch water main. This
project also includes construction of 3000 square feet of concrete driveway aprons, 1200
square feet of concrete sidewalk, pavement markings, 2200 square yards of roadway
reconstruction, and 3500 square yards of asphalt level and overlay
We are recommending award of the project to the lowest responsible responsive bidder of the
ten (10) bidders for this project, Man-Con Incorporated, with their total evaluated bid in the
amount of $184,949.00.
The funding sources for this project are as follows (Budget Transfers Attached):
Funding Source Account Number Amount
Water Distribution Improvements 442-5178-536-61.78 $112,603.00
Stormwater Utility Fund: SE 4th Street 448-5411-538-62.34 $ 72,346.00
Please place this item on the agenda for commission approval.
Enclosure
cc: Joseph Safford, Finance Director
Richard Hasko, P.E., Acting Director of Env. Services
Randal Krejarek, P.E., City Engineer
File: Project No. 95-29 (A)
projects/95/95-29/construct/agmemo29.doc
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AGENDA REQUEST
Date: 'September 03, 1997
Request to be placed on:,
Consent
XX ~ Agenda Special Agenda Workshop Agenda
When: September 09, 1997
Description of agenda item (who, what, where~ how much): Bid Award-
Bid #97-31 - Pipe Fittings and Accessories - Annual Contract
Award to various vendors at an estimated annual cost of $194.740.27
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Bid Award - Pipe fittings and accessories - tO various v~ndors
at an estimated annual cost of $194,740.27.
FundinE from Water & Sewer Network and Constr~ct~on D~vls~on
operating expense budget.
pepart~ent Head Signature: ~ ~~
Determination of Consistency with C~ml~rehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds}:
Funding available:
Funding alternative .~"~V~ '~ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda.: NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Ro~sing~_./~f,_~ Supervisor ~
THROUGH: Joseph Sa~nce Director
DATE: September 03,~i'997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
SEPTEMBER 09, 1997, BID AWARD - BID #97-31
PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to make multiple awards to vendors as
listed below for the purchase of pipe fittings and accessories, at an
estimated annual cost of $194,740.27.
Background:
The Water & Sewer Network Division and Construction Division have need of
an annual contract for pipe fittings and accessories with funding from
their operating expense budget.
Bids for this contract were received on July 25, 1997, from eight (8)
vendors, all in accordance with City purchasing procedures. The bid
contains twenty-one (21) groups for commodities which are inventoried in
the warehouse and the last group number twenty-two (22) is for the Capital
Construction Division. (Bid #97-31. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for your review.
The Acting Director of Environmental Services has reviewed the bids, and
recommends multiple awards, per attached memo dated September 02, 1997, and
highlighted tab sheet, as follows:
Vendor: Estimated Annual Cost:
Semsco $ 145,204 88
Coastal Wholesale Inc. 17,910 90
Ferguson Underground 1,530 30
Lehman Pipe & Plumbing 3,358 45
Industrial Plastic Technology 115 35
U.S. Filter Distribution 1,084 49
Sunstate Meter 25,535 90
Total $ 194,740 27
Recommendation:
Staff recommends multiple awards to vendors as stated above.
Attachments:
Memo To Acting Director Of Environmental Services
Award Recommendations
Tabultion of Bids
+4072437166 CITY DF DELR~Y ~E~K]H 38? P02 SEP 02 '97 13:59
TO: Richard Hasko, Acting Director Of Environmental Services
FROM~ Jacklyn Rooney, Purchasing Supervisor
SUBJECT: Bid
~nual Contract
On August 28. 1997, a meeting was held with Leon Slydell, Storekeeper II,
Mike Offie, Superintendent water Sewer Network, Scott Solomon, Utility
Maintenance Supervimor, Howard Wight, Construction Manager, and myself to
review the bid~ received for the annual contract for pipe fittings and
aCcessorizs.
The bid contained twenty-one groups for commodi=ies which are invenuorled
in ~he warehouse and =he la~= group number =wen=y-two is for the Capital
Consuruc=ion Division,
Attached is the Tabulation of Bids, and our award ~ecommendations. Awards
were ma~e by group total wi~h the e~cep~ion of group number twenty-one,
which is ~o be awarde4 individually per item, in orde~ to receive more
competitive bids. This group contains miscellaneous items which are not
supplied by all vendors.
AlSo a~tached is breakdown o~ awar~ recommendations per vendor, for a total
estimated annual cost of
I~ y~u approve this recommendasion, please sign below and return to
purchasing and I will proceed with Commission Agenda for S~ptembe~ 09,
1997.
(s!~ature~
Attachments
cc: Joseph sa~Finance Director
PIPE FITTINGS AND ACCESSORIES
BID ~97-31
AWARD RECOMMENDATIONS
GROUP EST. ANNUAL
# DESCRIPTION VENDOR COST COMMENTS
1. IRRIGATION SYSTEMS COASTAL WHOLESALE $ 17,910.90 LOW BIDDER
INC.
2. ADAPTORS, PVC, SEMSCO 768.03 LOW BIDDER
SCHEDULE 40, & 80
3. BENDS - PVC, SEMSCO 735.34 LOW BIDDER
SCHEDULE 40
4. PIPE FITTINGS, SUNSTATE METER & 13,272.20 LOW BIDDER
BRASS & COPPER SUPPLY INC.
5. PIPE FITTINGS, SUNSTATE METER & 12,263.70 LOW BIDDER
CORPORATION STOPS, SUPPLY INC.
CURB STOPS
6. BUSHINGS: PVC, SEMSCO 426 47 LOW BIDDER
BRASS, GALVANIZED
7. CAPS: PVC, INDUSTRIAL PLASTICS 115 35 LOW BIDDER
FERNCO TECHNOLOGY
8. CLAMPS: LEAK, SEMSCO 710 55 LOW BIDDER
SOCKET & REPAIR
9. COUPLINGS: LEHMAN PIPE & PLUMBING 326 35 LOW BIDDER
COMPRESSION, PVC SUPPLY INC.
10. ELLS: PVC, BRASS, SEMSCO 333 00 LOW BIDDER
GALVANIZED
11. NIPPLES: PVC, FERGUSON LrNDERGROUND 921 94 LOW BIDDER
BRASS, GALVANIZED
12. VALVE BOX & VALVE SEMSCO 1,384.80 LOW BIDDER
BOX RISERS
13. PIPE: PVC, SEMSCO 8,328.28 LOW BIDDER
PLASTIC, POLY
14. PIPE - COUPLINGS: LEHMAN PIPE & 3,032.10 LOW BIDDER
PVC, GALVANIZED PLUMBING
& CAST IRON SUPPLY INC.
GROUP EST. ANNUAL
# DESCRIPTION VENDOR COST COMMENTS
15. INSERTS: SEMSCO $ 785.55 LOW BIDDER
STAINLESS STEEL
16. PLUGS - PVC, U.S. FILTER 231.44 LOW BIDDER
BRASS DISTRIBUTION
17. RISERS - BRASS SEMSCO 25,613.60 LOW BIDDER
18. SERVICE SADDLES SEMSCO 3,646.70 LOW BIDDER
19. TEES: BRASS, PVC, SEMSCO 402.24 LOW BIDDER
GALVANIZED
20. VALVES: CHECK, SEMSCO 8,101.64 LOW BIDDER
PVC, IRON BODY,
BP-ASS
21. MISCELLEANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY
#275 "¥" BRANCH BRASS SEMSCO 20.07 EA. /
1 1/2" X 1" X 1" 401.40 LOW BIDDER
#276 "Y" BRANCH BRASS SEMSCO 16.18 EA. /
2" X 1" 4 WAY 80.90 LOW BIDDER
#277 TURN ON KEY FOR U.S. FILTER 24.15 EA. /
HANDWHEEL DISTRIBUTION 120.75 LOW BIDDER
#278 KEY CURB STOP 3" SEMSCO 23.33 EA. /
116.65 LOW BIDDER
#279 KEY VALVE FOR U.S. FILTER 29.83 EA. /
HEAVY DUTY DISTRIBUTION 298.30 LOW BIDDER
5' FOR 2" VALVE
NUT
#280 WYE PVC SDR 35 U.S. FILTER 3.67 EA. /
DWV 4" DISTRIBUTION 220.20 LOW BIDDER
#281 WYE PVC FERGUSON 19.59 EA. /
DWV 6" C-600 UNDERGROUND 78.36 LOW BIDDER
#282 WYE PVC, C609 U.S. FILTER 53.45 EA. /
PUSH PIPE DISTRIBUTION 213.80 LOW BIDDER -
8" X 8" X 6" FERGUSON
UNDERGROUND -
WITHDREW BID
DUE TO ERROR IN
UNIT PRICING
GROUP EST. ANNUAL
# DESCRIPTION VENDOR COST COMMENTS
#283 WYE PVC DWV FERGUSON $ 53.0 EA. /
UNDERGROUND 530.00 LOW BIDDER
#284 BACK FLO PREVENTER SEMSCO 172.04 EA. /
W009QT 1 1/2" WATTS 688.16 LOW BIDDER
#285 BACK FLO PREVENTER SEMSCO 193.55 EA. /
W009QT 2" WATTS 1935.50 LOW BIDDER
GROUP CAPITAL
#22 CONSTRUCTION SEMSCO 90,746.07 LOW BIDDER
DIVISION
PIPES, FITTINGS,
MISC. VALVES AND
SERVICES
TOTi~L ESTIMATED ANNUAL COST FOR
CITY OF DELRAY BEACH $ 194,740.27
TOTALS AWARD PER VENDOR(S):
SEMSCO $ 145,204.88
COASTAL WHOLESALE INC. 17,910.90
FERGUSON UNDERGROUND 1,530.30
LEHMAN PIPE & PLUMBING 3,358.45
INDUSTRIAL PLASTIC TECHNOLOGY 115.35
U.S. FILTER DISTRIBUTION 1,084.49
SUNSTATE METER 25,535.90
$ 194,740.27
CITY OF DELRAY BEACH
BID # 97-31
PIPE FITTINGS AND ACCESSORIES
ATTACHMENT "A"
COMPANY NAME GROUP DESCRIPTION OF DISCOUNT DISCOUNT OFFERED
SEMSCO GROUP 2 SCH 40 FFI-rlNGS 91%
PVC DWV FITTINGS 91%
GROUP 3 SCH 40 FI~-~INGS 91%
PVC DVVV FITTINGS 91%
SDR 35 FI~-r~NGS 45%
GROUP 6 SCH 40 FITTINGS 91%
BRASS FI3-FINGS 52.5%
GALVANIZED FITTINGS 55/10/10/10/10110/10
GROUP 7 SCH 40 FITTINGS 91%
FERNCO 15%
GROUP 9 FLO CONTROL 47.5%
GROUP 10 BRASS FITTINGS 52.5%
GALVANIZED FITTINGS 55/10/10/10/10/10/10
SCH 40 FITTINGS 91%
GROUP 11 BRASS NIPPLES 92%
GALVANIZED NIPPLES 57.5%
PVC NIPPLES 50%
GROUP 14 GALVANIZED FITTINGS 55/10/10/10/10/10/10
SCH 40 FITTINGS 91%
PVC DWV FITTINGS 91%
ROD COUPLINGS NET
CLAMPETTE 51%
FERNCO 70%
GROUP 16 GALVANIZED FITTINGS 55/I 0/10/10/10/10/10
SDR 35 FITTINGS 45%
SCH 40 FFrTINGS 91%
BRASS FITTINGS 52.5%
CLEAN OUT PLUGS 70%
GROUP 19 BRASS FITTINGS 52.5%
GALVANIZED FIb-rINGS 55/10/10/10/10110/10
SCH 40 FITTINGS 91%
PVC DVVV FITTINGS 91%
COASTAL WHOLESALE INC. GROUP I TORO 51%
HARDIE 52%
RAINBIRD 51%
HUNTER 57%
COLONIAL 68%
GROUP 2 68%
GROUP 7 68%
GROUP 9 50.5
GROUP 10 68%
GROUP 19 68%
Page 1 of 2
COMPANY NAME GROUP DESCRIPTION OF DISCOUNT DISCOUNT OFFERED
LEHMAN PIPE & PLUMBING SUPPLY INC GROUP 2 SCH 40 FITTINGS 91%
PVC DWV FITTINGS 91%
GROUP 3 SCH 40 FITTINGS 91%
PVC DWV FITTINGS 91%
SDR 35 FITTINGS 45%
GROUP 6 SCH 40 FFI~INGS 91%
BRASS FITTINGS 52.5%
GALV^N IZE D FtTTI N GS 55/10/10/10/10/10/10
GROUP 7 SCH 40 FITTINGS 91%
FERNCO 15%
GROUP 9 FLO CONTROL 47,5%
GROUP 10 BRASS FIq-FINGS 52.5%
GALVANIZED FITTINGS 52/10/10/10/10/10/10
SCH 40 FITTINGS 91%
GROUP 11 BRASS NIPPLES 92%
GALVANIZED NIPPLES 57.5%
PVC NIPPLES 50%
GROUP 14 GALVANIZED FITTINGS 55/10/10/10/10/10/10
SCH 40 FI~-TINGS 91%
PVD DVVV FIb-rINGS 91%
ROD COUPLINGS NET
CLAMPETTE 51%
FERNCO 70%
!GROU P 16 GALVANIZE D FI'I-rINGS 55/10/10/10/10/10/10
SDR 35 FIq-rINGS 45%
SCH 40 FITTINGS 91%
BRASS FITTINGS 52.5%
C/O PLUGS 70%
GROUP 19 BRASS FITI'INGS 52.5%
GALVANIZED FITTINGS 55/10/10/10/10/10/10
SCH 40 FI'I-rINGS 91%
PVC DVVV FITTINGS 91%
SUNSTATE METER & SUPPLY INC. GROUP 4 * Set includes (1) each
Tailpiece, Nut and Washer 40%
· ' Set includes (1) each
Tailpiece, Nut, Bushing and Washer
GROUP 5 40%
GROUP 8 40%
i GROUP 15 40%
GROUP 17 40%
GROUP 18 40%
GROUP 20 40%
Page 2 of 2
AGENDA REQUEST
Date: 9/2/97
Request to be placed on:
Workshop Agenda When: 9/9/97
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission award a construction
contract to Akerblom Contracting, Inc. in the amount of $721,622.00 for construction of Phase II of the
City's Aquifer Storage and Recovery Well (PN 93055) at the North Reservoir site. Akerblom is the lowest
responsive bidder and is being recommended by the City's engineer for the project, CH2M Hill. Funding
is from Connection Fees, Account 441-5181-536-69.18, Aquifer Storage and Recovery and 1993 Water &
Sewer Revenue Bond Account #440-5179-536-69.18, Aquifer Storage and Recovery. (Budget transfer
attached.)
ORDINANCE/RESOLUTION REQUIRED: YE~ DRAFT ATTACHED YE~
Recommendation: Staff recommends award of contract to Akerblom Contracting, Inc.
DEPARTMENT HEAD SIGNATURE:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds): Funding availabl~)N 0
Funding alternatives (if applicable), r-
Account No. & Description (~q~-'~$~-~::~'~O.~f~"~ ~R~"r~"-
Account Balance ~ ~Z, ~ZZ ,~~ ~~
City Manager ~eview: Approved for a~nda: YES~
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
,-' O'?~i~
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Acting ESD Director (~
SUBJECT: AQUIFER STORAGE AND RECOVERY (ASR) PHASE II - PN #93055
DATE: September 2, 1997
Attached is an agenda request and a copy of the tabulation of bids for construction of the final phase of the ASR
well. The lowest responsive bidder is Akerblom Contracting, Inc. with a proposal of $721,622.00. CH2M Hill,
the City's consultant for this project, has evaluated the bids received and is recommending award of the contract
to Akerblom in the stated amount. The scope of Phase II includes installing the well casing and yard piping,
setting pumps, and rededicating the existing 24" raw water main to a transmission main and the 18"
transmission main the raw water main in order to increase flows into the North Reservoir.
The funding for this project is available from Connection Fees, Account 441-5181-536-69.18, Aquifer Storage
and Recovery in the amount of $672,822.00 (budget transfer attached) and 1993 Water & Sewer Revenue Bond
Account #440-5179-536-69.18, Aquifer Storage and Recovery, in the amount of $48,800.00, for the total
amount contract amount of $721,622.00.
Please place this item on the September 9, agenda for consideration by the City Commission.
RCH:cl
cc: Don Haley
Howard Wight
Randal Krejcarek
File 93055
CH2M HILL
Hillsboro Executive Center North
800 Fairway Ddve
Suite 350
CH2MHILL
33441-1831
TII 954.42~.4008
August 4, 1997 ~ex ~.~.~o~o
117813.A0.D2
Mr. Richard Hasko
Director of Environmental Services
City of De[ray Beach
434 South Swinton Avenue
De[ray Beach, FL 32a~a.
Dear Mr. Hasko:
Subject: Aquifer Storage and Recovery Well Surface Facilities at the North Storage
Reservoir: Recommendation of Award
We have reviewed the bids received for the above-referenced project on July 28, 1997. Bids
were received from the following contractors:
· Akerblom Contracting, Inc.
· Florida Design Contractors Inc.
· Hausinger & Assodates, Inc.
· Interstate Engineering Corp.
· Man-Con, Inc.
· Marine Engineering Contractors, Inc.
The low-bidder, at a bid of $721,622, was Akerblom Contracting, Inc. We have reviewed the
bid and bid attachments and find that the bid is complete and appropriate for the proposed
work. There is a minor math error in the low bid. The written unit price total is $10 less than
the sum of the unit prices listed. Therefore, Akerblom's actual bid is $10 more than the sum
written in the Total Base Bid. The $10 discrepancy did not affect the ranking of the bids. A
bid tabulation summarizing all of the bid results is attached.
We recommend that the City of Delray Beach award this contract to the low-bidder,
Akerblom Contracting, Inc. This contractor has appropriate experience in this type of work
and received positive recommendations based on previous work.
Please contact me if you have any questions or if you require any additional irdormation.
Sincerely,
CH2M HILL
David Schuman
Proiect Manager
DFB / AWARD/972160006.DOC
Enclosures
c: lackie Rooney/Purchasing
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF SEPTEMBER 9, 1997
CONDITIONAL USE REQUEST/RENTAL 1-DELRAY
DATE: SEPTEMBER 5, 1997
This is before the Commission to consider a conditional use
request to establish a storage and rental of light construction
equipment facility at Rental 1-Delray, located at the northeast
corner of N.W. 18th Avenue and Dr. Carol Krol Way, approximately
420 feet east of Congress Avenue.
The development proposal involves the conversion of an existing
18,896 sq.ft, industrial building, with sales and repair of light
construction equipment as an accessory use. It includes the
installation of a 5,700 sq.ft, outdoor storage area at the
northwest corner of the site and a wash rack with a canopy at the
southeast corner of the site.
At its meeting of August 18, 1997 the Planning and Zoning Board
voted 7-0 to recommend approval of the conditional use request
based on positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E) (5) (Required Findings) of the
Land Development Regulations and the policies of the Comprehen-
sive Plan, subject to the following conditions:
1. That a site plan modification be submitted which addresses
the technical items listed in the staff report;
2. That there be a solid six foot fence on the north and west
sides of the storage area with hedges maintained at a height
of 4.5 feet, with trees 25 feet on center; and
3. That on the south side of the storage area, hedges be
provided 4.5 feet at the time of planting and maintained at
a height of six feet, and trees be provided 25 feet on
center.
Recommend approval of the conditional use request of Rental
1-Delray, subject to the findings and conditions as recommended
by the Planning and Zoning Board.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
D ZONING
FROM:
,~E I~OR PLANNER
SUBJECT: MEETING OF SEPTEMBER 9, 1997
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH A STORAGE AND RENTAL OF LIGHT
CONSTRUCTION EQUIPMENT FACILITY (RENTAL 1-DELRAY),
LOCATED AT THE NORTHEAST CORNER OF N.W. 18TH
AVENUE AND DR. CAROL KROL WAY, APPROXIMATELY 420
FEET EAST OF N. CONGRESS AVENUE.
The action requested of the City Commission is that of approval of a
Conditional Use request to establish a storage and rental of light
construction equipment facility (Rental l-Delray), within the MIC (Mixed
Industrial and Commercial) zone district.
The subject property is located at the northeast corner of N.W. 18th
Avenue and Dr. Carol Krol Way, approximately 420 feet east of N.
Congress Avenue.
The development proposal involves the conversion of an existing 18,896 sq.ft, industrial
building to accommodate "storage and rental of light construction equipment not over
24' long, 8' wide and 10' high" with the sales and repair of light construction equipment
as an accessory use. The proposal includes the installation of a 5,700 sq.ft, outdoor
storage area at the northwest corner of the site and a wash rack with a canopy at the
southeast corner of the site.
The projected customer base for the business is approximately 80% contractor and
subcontractor, and 20% homeowner. The use will include office, display/retail, indoor
City Commission Documentation
Meeting of September 9, 1997
Rental l-Delray - Conditional Use Approval
Page 2
maintenance and storage areas. The equipment that will be rented includes 8 scissors
lifts; 8 towable air compressors; 12 towable generators; 12 bobcat skid steer loaders; 6
forklifts; 4 vibratory rollers; and, 8 backhoes.
There will be 10 - 15 employees and the hours of operation will be 7:00 a.m. to 5:00
p.m., Monday through Friday, and 7:00 a.m. to noon on Saturday. An analysis of the
request is found in the attached Planning and Zoning Board Staff Report.
At its meeting of August 18, 1997, the Planning and Zoning Board held a public hearing
in conjunction with review of the request. There was no public testimony regarding the
request. The Board discussed the proposal and recommended that a 6' high solid
fence be installed on the north and west sides of the storage area. The Board then
voted 7-0 to recommend to the City Commission approval of the conditional use request
to establish a storage and rental of light construction equipment facility based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies
of the Comprehensive Plan, subject to the following conditions:
1. That a site plan modification be submitted which addresses the Technical Items
listed in the staff report;
2. That there be a solid 6' high fence on the north and west sides of the storage area
with hedges maintained at a height of 4.5', and trees 25' on center; and,
3. That on the south side of the storage area, hedges be provided 4.5' at the time of
planting and maintained at a height of 6', and trees be provided 25' on center.
By motion, approve the Conditional Use request to establish a storage and rental of
light construction equipment facility (Rental l-Delray) subject to the findings and
conditions as recommended by the Planning and Zoning Board.
Attachment:
· P & Z Staff Report and Documentation of August 18, 1997
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 18, 1997
AGENDA ITEM: V.B.
ITEM: Conditional Use Request to Allow the Storage and Rental of Light
Construction Equipment for Rental 1-Delray, Located at the Northeast
Corner of N.W. 18th Avenue and Dr. Carol Krol Way, Approximately 420
Feet East of Congress Avenue.
GENERAL DATA:
Owner .............................................. Norm Jackson
Applicant/Agent ................................ Femando Pinera
General Rental, Inc.
Location ........................................... Northeast corner of N.W. 18th
Avenue and Dr. Carol Krol Way,
approximately 420 feet east of
Congress Avenue.
Property Size ................................... 3.28 Acres
Future Land Use Map Designation.. Commerce
Current Zoning ................................. MIC (Mixed Industrial &
Commercial)
Adjacent Zoning ..................... North: CF (Community Facilities)
East: I (Industrial)
South: MIC
West: MIC
Existing Land Use ........................... Existing 18,896 sq.ft, industrial
building with 24 parking spaces
and loading areas on the east,
south and west sides of the
building.
Proposed Land Use ......................... Establishment of the storage and
rental of light construction
equipment along with the
installation of a 5,700 sq.ft.
outdoor storage area at the
northwest comer of the site and
wash rack with a canopy at the
southeast corner of the site.
Water Service .................................. Existing on-site
Sewer Service .................................. Existing on-site
V.B.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval for the storage
and rental of light construction equipment (Rental 1 Delray),
pursuant to Section 2.4.5(E).
The subject property is located at the northeast corner of N.W. 18th
Avenue and Dr. Carol Krol Way, approximately 420 feet east of N.
Congress Avenue.
The subject property consists of Parcel B, NorJac Plat, and is 3.28 acres in size. The
property contains an existing 18,896 sq.ft, industrial building with 24 parking spaces
and loading areas on the east, south and west sides of the building.
The north 3.28 acre portion of the NorJac property was developed in 1980 while under
Palm Beach County jurisdiction, to accommodate a printing/publishing company
(Tecnicom Corporation). On February 9, 1982, the entire 5.21 acre property was
annexed into the City with the MI (Medium Industrial) zoning designation. In 1984, a
1,280 sq.ft, mezzanine storage area was converted to offices.
In conjunction with adoption of the City's Comprehensive Plan in November 1989, the
property's Future Land Use Map designation was changed from Industrial to
Commerce. With the Citywide rezoning and adoption of the Land Development
Regulations in October 1990, the subject property was rezoned from MI (Medium
Industrial) to MIC (Mixed Industrial and Commercial). In 1993, the publishing company
vacated the site and the property was reoccupied by Down to Earth Products
(wholesale and distribution), which vacated the site in 1996. The site is currently
unoccupied.
On January 7, 1997, the City Commission approved the NorJac boundary plat for the
overall 5.21 acre property -- a two-lot subdivision consisting of the subject site (3.28
acres) and a vacant 1.78 acre parcel to the south.
The development proposal involves the conversion of the existing 18,896 sq.ff.
industrial building to accommodate "storage and rental of light construction equipment
not over 24' long, 8' wide and 10' high" with the sales and repair of light construction
equipment as an accessory use. The proposal includes the installation of a 5,700 sq.ft.
outdoor storage area at the northwest corner of the site and a wash rack with a canopy
at the southeast corner of the site.
Planning and Zoning Board Staff Report
Rental I - Delray - Conditional Use Approval
Page 2
The projected customer base for the business is approximately 80% contractor and
subcontractor, and 20% homeowner. The use will include office, display/retail, indoor
maintenance and storage areas. The equipment that will be rented includes 8 scissors
lifts; 8 towable air compressors; 12 towable generators; 12 bobcat skid steer loaders; 6
forklifts; 4 vibratory rollers; and, 8 backhoes.
There will be 10 - 15 employees and the hours of operation will be 7:00 a.m. to 5:00
p.m., Monday through Friday, and 7:00 a.m. to noon on Saturday.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the
development application. These findings relate to the following fo.~r areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of Commerce and a
zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning district
is consistent with the Commerce Future Land Use Map designation. Pursuant to LDR
Section 4.4.19(D)(5), within the MIC zone district, "storage and rental of light
construction equipment not over 24' long, 8' wide and 10' high" is allowed as a
Conditional Use. Also, LDR Section 4.4.19(B)(4) states that retail uses are permitted as
a secondary use within a building, provided the all retail use area does not exceed 25%
of the total floor area of the building. The intent of the MIC zone district is to allow
retailing of items manufactured, repaired, or wholesaled on-site. The proposed
equipment will not exceed the maximum allowable dimensions. Based upon the above,
a positive finding with respect to consistency with the Future Land Use Map can be
made.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certifi'cate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
This proposal is the introduction of a new industrial type use into an existing industrial
structure. Traffic volumes and trash associated with the proposed construction
equipment rental and sales facility will be similar to that generated by the previous
operations (publishing and wholesaling). No additional demand for any services or
facilities will be created by this development.
Planning and Zoning Board Staff Report
Rental I - Delray - Conditional Use Approval
Page 3
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the goals, objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable goals, objectives and policies were found.
SECTION 2.4.5{E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The subject property is surrounded by the following zoning districts: to the north, across
the E-4 Canal, is zoned CF (Community Facilities); to the south and west are zoned
MIC; and, to the east, across the CSX railroad tracks, is zoned I (Industrial). The
surrounding land uses are: a Florida Power & Light substation to the north; vacant land
to the south and east; and Arctic Ice to the west.
The property is located 420 feet east of Congress Avenue and abuts the CSX railroad
tracks. The property is somewhat obstructed from Congress Avenue however, the
storage area will be located at the northwest corner of the site which is visible from
adjacent rights-of-ways and properties. LDR Section 4.6.6(C)(2) (Outside Storage)
states that materials and equipment stored outside must be screened from view from
adjacent public rights-of-way in a manner approved by the Site Plan Review and
Appearance Board (SPRAB). The site is surrounded by a 6' high chain link fence with
barbed wire. The proposed outside storage area will be located interior to the chain link
fence and is not adequately screened from adjacent properties and right-of-ways.
While the construction equipment is allowed a maximum height of 10', it does not seem
appropriate to require the installation of a 10' high chain link fence adjacent to the
storage area given its location. Therefore, hedges a minimum 4.5' in height at the time
of planting and a tree every 25' should be provided on the perimeter of the storage
area. The installation of trees with hedges, maintained at 6' in height, should
adequately screen the storage area.
The proposed use will be located in an existing industrial area. With improvements to
the site as described in this report, the proposed use will not have an adverse impact
on the surrounding area nor will it hinder development or redevelopment of nearby
properties.
Planning and Zoning Board Staff Report
Rental I - Delray - Conditional Use Approval
Page 4
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
modification submittal complying with the Land Development Regulations will be
required. Along with the Conditional Use request, a sketch plan has been
submitted and reviewed by staff. Based upon staff's review of the sketch plan
and site inspections, the following "Technical Items" were identified. These
items have been transmitted to the applicant and will need to be addressed with
the site plan modification submittal.
1. Pursuant to LDR Section 4.6.6(C)(2) (Outside Storage), materials and equipment
stored outside must be screened from view from adjacent public rights-of-way in a
manner approved by the Site Plan Review and Appearance Board (SPRAB).
Hedges 4.5' at the time of planting and a tree every 25' should be provided on the
perimeter of the storage area.
2. Pursuant to LDR Sections 4.6.16(H)(3)(a) and (d), between the parking area and a
right-of-way or an abutting property, a tree must be provided every 30'. Additionally,
a hedge must be provided along the interior perimeter of the landscape strip. The
site currently does not meet the above code requirement.
3. The storage area must be clearly delineated and separated from the parking and
loading areas.
4. The dumpster location and method of screening must be indicated on the plans.
5. Pursuant to LDR Sections 4.6.16(H)(3)(i) and (j), a landscape island must be
provided every 10 parking spaces and at the end of each parking row.
6. With the site plan modification submittal, a breakdown of the floor area allocation for
each use i.e. offices, repair, retail, storage and associated parking calculations must
be indicated on the plans with required parking spaces delineated accordingly.
Manufacturing, assembly and attendant offices require 3 parking spaces per 1,000
sq.ft, of floor area, retail requires 4.5 spaces per 1,000 sq.ft, of floor area, and
storage requires 1 parking space per 1,000 sq.ff, of floor area.
7. Pursuant to LDR Section 4.4.19(B)(4), within the MIC zone district, retail uses are
allowed as a secondary use within a building only to the extent that the retail use
does not exceed 25% of the total floor area of the building. A floor plan must be
provided which delineates the use areas i.e. retail, office, repair and storage and
their associated square footage.
8. A knock box must be provided for emergency access through the entry gates.
Planning and Zoning Board Staff Report
Rental 1 - Delray - Conditional Use Approval
Page 5
The development proposal is not within a geographical area requiring review by the
CRA (Community Redevelopment Agency, DDA (Downtown Development Authority), or
the HPB (Historic Preservation Board).
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a site plan modification submittal will follow.
Final action on the landscape and building elevation will rest with the SPRAB (Site Plan
Review and Appearance Board). The site plan must accommodate concerns raised
through the conditional use petition, and address the listed "Technical Items".
Special Courtesy and Neighborhood Notices:
Courtesy notices were provided to the following homeowner's associations and civic
organizations:
I;I Chatelaine El PROD (Progressive Residents of Delray)
El Delray Property Owners r3 Rainberry Lake
C} Delray Shores Homeowners Assoc. El Rainberry Woods
I~ Homeowners League of Chatelaine C} Rainberry Woods South
Q Lake Ida Homeowners Association Q The Sudan.Homeowners Assoc.
C} Pines of Delray North
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
The proposed conditional use for Rental 1 - Delray to allow the storage and rental of
light construction equipment will not increase the current intensity of the site. The
development proposal is consistent with Chapter 3 of the Land Development
Regulations and the policies of the Comprehensive Plan. The "Technical Items" will be
addressed with the site plan modification submittal. Also, positive findings with respect
to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the
outside storage area is adequately screened for public rights-of-way and adjacent
properties.
Planning and Zoning Board Staff Report
Rental I - Delray - Conditional Use Approval
Page 6
1. Continue with direction.
2. Recommend approval of the conditional use request for Rental 1 - Delray based
upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations,
and the policies of the Comprehensive Plan subject to conditions.
3. Recommend denial of the conditional use request for Rental t - Delray based
upon a failure to make positive findings with respect to Section 2.4.5(E)(5)
(Conditional Use Findings) of the Land Development Regulations, that the
proposed use will hinder development or redevelopment of nearby properties.
Recommend to the City Commission approval of the conditional use request for Rental
1 - Delray (storage and rental of light construction equipment) based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5)
(Required Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to the following conditions:
1. That a site plan modification be submitted which addresses the Technical Items
listed in the staff report; and,
2. That adjacent to the storage area, hedges be provided 4.5' at the time of planting
and maintained at a height of 6', and trees be provided 25' on center.
Attachment:
Survey/Sketch Plan
Report prepared by: Jeff Costell(~, Senior Planner
/
I
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM # q~'- REGULAR MEETING OF SEPTEMBER 9, 1997
PROPOSED FY 1998 MAXIMUM RATES - MUNICIPAL GOLF COURSE
DATE: SEPTEMBER 3, 1997
ACTION:
City Commission is requested to consider for approval maximum
rates proposed for FY 1998 for the Delray Beach Municipal Golf
Course.
BACKGROUND:
Attached is the proposed rate schedule for the municipal course
along with a rate comparison with other municipal courses.
Increases in rates are proposed for prepaid green fees, cart
fees, daily green fees, bag storage, locker rental, range balls,
and charity cards. Rate increases for prepaid fees average about
three percent (3%). Other golf rate increases range from 2% to
7% and are based on market conditions. Golf fees, except for
prepaid green fees, are in line with other golf courses.
RECOMMENDATION:
Staff recommends approval of the proposed maximum rates for FY
1998 for the Municipal Golf Course.
cc: Brahm Dubin
ref:agmemo5
She~l
DELRAY BEACH GOLF CLUB
PROPOSED MAXIMUM RATES
199711998
RESIDENT NON-RESIDENT
PROPOSED % EXISTING PROPOSED % EXISTING
I JAN 1 - MARCH 31, 1998
CART FEES - 18 HOLES $ 10.61 $ 10.14 $ 10.61 $ 10.14
GREEN FEES - 18 HOLES $ 18.63 $ 17.92 $ 32.55 $ 31.13
CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.18 $ 1.16 $ 1.16
$ 30.42 $ 29.24 $ 44.34 $ 42.45
TAX $ 1.63 $ 1.76 $ 2.66 $ 2.55
$ 32.25 4.0% $ 31.00 $ 47.00 4.4% $ 45.00
CART FEES - 9 HOLES $ 7.31 $ 6.84 $ 7.31 $ 6.84
GREEN FEES -9 HOLES $ 10.38 $ 9,90 $ 19.81 $ 18.40
CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.18 $ 1.18 $ 1.18
$ 18.87 $ 17.92 $ 28.30 $ 26. 42
TAX $ 1.13 $ 1.08 $ 1.70 $ 1.58
$ 20.00 5.3% $ 19.00 $ 30.00 7.1% $ 28.00
APRIL 1998~ NOVEMBER~ DECEMBER 1997
CART FEES - 18 HOLES $ 10.61 $ 10,14 $ 10.61 $ 10.14
GREEN FEES - 18 HOLES $ 16.27 $ 15,57 $ 24.06 $ 23.59
CAPITAL IMPROVEMENT FUND $ 1.18 $ 1,18 $ 1.18 $ 1.18
$ 28.06 $ 26.89 $ 55.85 $ 34.91
TAX $ 1.69 $ 1.61 $ 2.15 $ 2.0~
$ 29.75 4.4% $ 28.50 $ 38.(]0 2.7% $ 37.00
CART FEES - 9 HOLES $ 7.31 $ 6.84 $ 7,31 $ 6.84
GREEN FEES - 9 HOLES $ 8.49 $ 8.49 $ 15.09 $ 1 4.62
CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.18 $ 1.18 $ 1.18
$ 16.96 $ 16.51 $ 23.58 $ 22.64
TAX $ 1.02 $ 0.99 $ 1.42 $ 1.36
$ 18.00 2.82 $ 17.50 $ 25.00 4.2% $ 24.00
MAY 1 - OCTOBER 31, 1998
CART FEES - 18 HOLES $ 9.20 $ 8.73 $ 9.20 $ 8.73
GREEN FEES - 19 HOLES $ 8.49 $ 8.01 $ 10.37 $ 9.90
CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.18 $ 1.16 $ 1.18
$ 18.87 $ 17.92 $ 20.75 $ 19.81
TAX $ 1.13 $ 1.06 $ 1.25 $ 1.19
$ 20.00 5.3% $ 19.00 $ 22.00 4.8% $ 21.00
CART FEES - 9 HOLES $ 6.37 $ 5.90 $ 6.37 $ 5.90
GREEN FEES - 9 HOLES $ 5.66 $ 5.66 $ 7.54 $ 7.54
CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.18 $ 1.18 $ 1.18
$ 13.21 $ 12.74 $ 15.09 $ 14.62
'TAX $ 0.79 $ 0.76 $ 0.91 $ 0.88
$ 14.00 3.7% $ 13.50 $ 16.00 3.2% $ 15.50
L/C DBGCF~TES
Page 1
Sheet1
PROPOSED EXISTING
MISCELANEOUS RATES (ALL RATES ARE PLUS SALES TAX)!
BAG STORAGE $ 70.00 $ 68.00
LOCKER RENTAL $ 45.00 $ 42.00
PREPAID WALKERS $ 1.18 $ 1.18
PULL CART $ 2.59 $ 2.59
CLUB RENTAL - 18 HOLES $ 18.87 $ 18.87(FREE TO JUNIORS)
-9 HOLES $ 14.15 $ 14.15(FREE TO JUNIORS)
RANGE BALL $ 4.01 $ 3.77 ( $1.00 TO JUNIORS)
CHARITY CARD $ 17.92 $ 1
PREPAID GREEN FEES
RESIDENT FAMILY $ 1,360.00 i $ 1,325.00 2.60%
RESIDENT SINGLE $ 875.00 $ 850.00 2.90%
NON4~ESlDENT FAMILY $ 2,150.00 $ 2,075.00 3.60%
NON4~ESlDENT SINGLE $ 1,700.00 $ 1,660.00 2.40%
L/CDBGCRATES
Page 2
GOLF COURSE SURVEY
MUNICIPAL GOLF COURSE
(ALL RATES ARE BEFORE TAX)
97/98 97/98 97/98 97/98 97/98 97/98
NAME OF COURSE BOCA BOYNTON WEST PALM NORTH PALM PALM BEACH DELRAY
MUNICIPAL MUNICIPAL BEACH BEACH GARDENS BEACH
PERMIT SINGLE RES. 745.00 566.04 742.00 861.00 775.00 875.00
SINGLE NON RES. 1095.00 566.04 980.50 1312.50 985.00 1700.00
FAMILY RES. 1175.00 N//~ 1470.00 1350.00 1360.00
FAMILY NON RES. 1688.00 N/A 2310.00 1675.00 2150.00
RANGE BALLS 4.00 3,77 3.77 3,77 3.77 4.01
PULL CARTS 2.50 1.89 3.77 N/A 3.54 2,59
CART FEE SEASON
18 HOLE RES. 9.95 10.38 9.43 9.90 12.26 10.61
18 HOLE NON RES. 12.45 10.38 11.32 12.87 12.26 10.61
GREEN FEE SEASON
1/1 - 3/31
18 HOLE RES. 19.00 23.96 33.96 21.00 18.87 18.63
18 HOLE NON RES. 24.50 23.96 33.96 38.85 34.91 32.55
APRIL 98, NOV. - DEC. 97
18 HOLE RES. 19.00 16.51 33.96 16.80 13.68 16.27
18 HOLE NON RES. 24.50 16.51 33.96 34.65 25.47 24,06
CART FEE OFF SEASON
18 HOLE RES. 6.95 7.08 9.43 9.90 9.91 9.20
18 HOLE NON RES. 8.80 7.08 11.32 12.87 9.91 9.20
GREEN FEE OFF SEASON
18 HOLE RES. 12.00 10.85 13.21 13.65 8.96 8.49
18 HOLE NON RES. 15.00 10.85 13.21 18.90 13.68 10.37
WALKERS SEASON
1/1 - 3/31
9 HOLE RES. 11.00 13.68 15.09 12.60 11.56 11.56
9 HOLE NON RES. 13.75 13.68 15.09 23.10 19.58 20.99
APRIL 98, NOV. - DEC. 97
9 HOLE RES. 11.00 9.91 15.09 10,50 8.25 9.67
9 HOLE NON RES. 13.75 9.91 15.09 21,00 13.92 16.27
WALKERS OFF SEASON
9 HOLE RES. 7.50 6.60 6.60 7,35 6.60 6.84
9 HOLE NON RES. 9.40 6.6( 6.60 10,50 8.49 8,72
CAPITAL
IMPROVEMENT FUND 1.00 0.47 N/A 1,00 N/A 1.18
9 HOLE PERMIT
WALKER - ALL YEAR 1.00 0.00 1.89 1.00 1.18 1.18
BAG STORAGE 56.60 55.00 75.00 75.00 70.00
CHARITY CARD RATE 16.04 N/A 17.92 16.84 18.40 17.92
19.81 WK ENDS
COMBINED RATE - RIDING
1/1 - 3/31 RES. 31.75 36.90 46.00 33.81 33.00 32.25
NON RES. 40.25 36.90 48.00 55.88 50.00 47.00
4/1/1998, 11 - 12/97 RES. 31.75 29.00 46.00 29.36 27.50 29.7,~
NON RES. 40.25 29.00 48.00 51.43 40.00 38.00
5/1 - 10/31/98 RES. 21.15 19.50 24.00 26.02 20.00 20.00
NON RES. 26.30 19.50 26.00 34.73 25.00 22.00
* NOTE Boynton Municipal rates are the same as last year and are not going up,
so their above figures are from last year's survey.
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
FROM:
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 9, 1997
PROPOSED FY 1998 MAXIMUM RATES - LAKEVIEW GOLF COURSE
DATE: SEPTEMBER 3, 1997
ACTION:
City Commission is requested to consider for approval maximum
rates proposed for FY 1998 for the Lakeview Golf Course.
BACKGROUND:
Attached is the proposed rate schedule for Lakeview Golf Course
along with a rate comparison for other like golf courses.
Increases are proposed for all fees except pull cart rental and
range from 2.8% to a high of 10%. Rate increases proposed are
varied and are based on market conditions. Fees proposed are in
line with other comparable courses.
RECOMMENDATION:
Staff recommends approval of the proposed maximum rates for FY
1998 for Lakeview Golf Course.
cc: Brahm Dubin
ref:agmemo6
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GOLF COURSE SURVEY
EXECUTIVE GOLF COURSE
(ALL RATES ARE BEFORE TAX)
97~98 97~98 97198 97~98 97198
NAME OF COURSE BOCA DELRAYC.C. SHERWOOD PALM BEACH LAKEVIEW
EXECUTIVE WEST PARK G.C. PAR 3 GOLF CLUB
PERMIT SINGLE RES. 370.00 954.00 545.00 NO N/A
SINGLE NON RES. 525.00 RESPONSE N/A
FAMILY RES. 500.00 1325.00 950.00 N/A
FAMILY NON RES. 700.00 N/A
RANGE BALLS N/A
PULL CARTS 1.42 0.94 N/A
CART FEE SEASON
18 HOLE RES. 8.49 21.70 8.73
18 HOLE NON RES. 8.49 21.70 8.73
GREEN FEE SEASON
1/1 - 3/31
18 HOLE RES. 16.93 25.94 WA~RIDE 16.51
!18 HOLE NON RES. 16.93 25.94 WAL~R~DE 17.45
APRIL 98, NOV. - DEC. 97
18 HOLE RES. 13.68 16.51 WALk, DE N/A 15.57
118 HOLE NON RES. 13.68 16.51 WAL~R~DE N/A 16.51
!CART FEE OFF SEASON
18 HOLE RES. 4.72 NOT SET YET 13.21 3.07
18 HOLE NON RES. 4.72 NOT SET YET 13.21 3.07'
!GREEN FEE OFF SEASON
18 HOLE RES. 8.49 NOT SETYET 7.78
18 HOLE NON RES. 8.49 NOT SET YET 7.78
WALKERS SEASON SAME PRICE
1/1 - 3/31 TO WALK
9 HOLE RES. OR RIDE N/A N/A
9 HOLE NON RES. N/A N/A
APRIL 98, NOV. - DEC. 97
9 HOLE RES. N/A N/A N/A
9 HOLE NON RES. N/A N/A N/A
WALKERS OFF SEASON
9 HOLE RES. N/A N/A N/A
9 HOLE NON RES. N/A N/A N/A
CAPITAL
I IMPROVEMENT FUND N/A N/A N/A
19 HOLE PERMIT
WALKER - ALL YEAR N/A N/A N/A
BAG STORAGE N/A N/A N/A
CHARITY CARD RATE 9.43 11.79 9.43 9.91
COMBINED RATE- RIDING:
1/1 - 3/31 26.95 27.50 23.00 RES. 26.75
NON RES. 27.75
4/98, 11/97 - 12/97 23.50 17.50 N/A RES. 25.75
NON RES. 26.75
5/1 - 10/31/98 14.00 N/A 14.00 RES/NON RES11.50
* Sherwood Park - Riding only (no walking at any time).
[lTVD!ELRfl¥
CITY o ,,~,.,,~. ~. ,,~o OFFI~L?.~.~.:~
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
~JI4b~erica City MEMORANDUM
lll[[,llll[DATE: August25, 1997
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne'~
SUBJECT: Acquisition of Property from Claire and William Ward - Leon Weekes
Environmental Reserve - Approval of Contract for Sale and Purchase
The following resolution and contract, if approved, will authorize the City to purchase
two lots owned by Mr. and Mrs. Ward for a total of $55,000.00. The lots are adjacent
to the Leon Weekes Environmental Reserve and will enable the City to construct
amenities to be used in association with the park.
Under the terms of the contract, the closing will occur prior to November 21, 1997.
Mr. and Mrs. Ward will pay the documentary stamp tax on the deed. All other closing
costs will be the City's responsibility.
If you have any questions, please call.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
Sharon Morgan, City Clerk's Office
ward-5.dnt
SUMMARY OF SALIENT FACTS
DATE OF APPRAISAL: May 19, 1997
LOCATION: North of Curlew Road at the intersection of
Albatross Road
SUBJECT DESCRIPTION:
Size: 18,165 +/-square feet
Improvements: None
Present Use: Vacant residential land
Highest and Best Use: Single Family Residential Use
Access: Extension of Curlew Road
OWNER OF RECORD: William E. Ward
921 Allamanda Drive
De[ray Beach, FL 33483-4913
ZONING: R-1AA, City of Delray Beach
MARKET VALUE ESTIMATE: $40,800 (If Developable with one residence)
$55,900 (If Developable with two residences)
APPRAISERS: Diane Jenkins, MSA
State-Certified General
Real Estate Appraiser #0001188
John A. Jenkins
State-Registered
Real Estate Appraiser #0001462
Jenkins Appraisal Services, Inc.
RESOLUTION NO. 68-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, as part of the
development of the Leon Weekes Environmental Preserve, wishes to
acquire certain vacant property located at the intersection of Curlew
Road and Albatross Road to provide for amenities associated with the
preserve and surrounding neighborhood; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach; and
WHEREAS, it is in the best interest of the City of Delray
Beach to purchase said property for the purpose described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from William E.
Ward and Claire L. Ward, a married couple, as Seller, land to provide
for amenities associated with the development of the Leon Weekes
Environmental Preserve, for the purchase price of Fifty-Five Thousand
and 00/100 Dollars ($55,000.00), and other good and valuable
consideration; said parcel being more particularly described as
follows:
Lots 262 & 263, TROPIC PALMS PLAT 1, according to
the Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 25, Page 99.
Section 2. That excluding documentary stamp tax cost, the
costs of closing, title insurance, document preparation and
attorney's fees shall be borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
contract for sale and purchase and addenda thereto between the City
of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein as Exhibit "A".
PASSED ~ ~OPTED in regular session on this the 9th day
of Septe~er, 1997.
ATTEST:
City ~erk - ~
- 2 - Res. No. 68-97
CONTRACT FOR SALE AND PURCHASE
WILLIAM E. WARD and CLAIRE L. WARD, ("Seller"), of Delray Beach,
Florida, and CITY OF DELRAY BEACH. a Florida municipal corporation, ("Buyer"), hereby
agree that the Seller shall sell and the Buyer shall buy the following real property ("Real
Property") upon the following terms and conditions which include the standards for real estate
transactions included in this instrument:
I. DESCRIPTION:
Lots 262 & 263, Tropic Palms Plat 1, as recorded in Plat Book 25, Page 99 of the Public
Records of Palm Beach County, Florida.
II. PURCHASE PRICE ............................................ $55,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before September 30, 1997, the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. The date of this Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the warranty deed and other
closing papers delivered on or before November 21, 1997, unless extended by other
provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 V2
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard D. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
Exhibit "A" to Res. No. 68-97 Page 1 of 6
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may assign Contract.
X. RELEASE OF LIEN: City shall release any liens on the property which have been
imposed by the City at no cost to Seller.
XI. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
-2-
Exhibit "A" to Res. No. 68-97 Page 2 of 6
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided bv Seller to Buyer relieving Buyer entirely of Buyer's duW to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the amount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRAY BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
permitted for delivery of evidence of title herein. Notice of the result of such testing shall be
furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents.
representatives, or assigns, shall have full and complete right to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
right to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing
to issue to Buyer. upon recording of warranty deed to Buyer. an owner's policy of title insurance in the amount of the purchase
price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only
to liens, encumbrances, exceptions or qualifications set tbrth in this agreement and those which shall be discharged by Seller at
or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The
Florida Bar and in accordance with law. If title is tbund defective. Buyer shall notify Seller in writing specifying defect{s). If
the defect(s) render title unmarketable. Seller will have one hundred twenty (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of
deposit(s) paid ~vhich shall immediately be returned to Buyer: thereupon Buyer and Seller shall release one another of all further
obligations under the agreement. Seller will. if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary, suits.
-3-
Exhibit "A" to Res. No. 68-97 Page 3 of 6
B. Survey: Buyer. at Buyer's expense, within time allowed to deliver evidence of title and to examine same.
may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real propert3'
or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions,
agreement covenants or applicable governmental regulation, the same shall constitute a title defect.
C. Ingress and E,ress: Seller warrants and represents that there is ingress and egress to the real
property sufficient lbr the intended use as described herein, title to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specit3'ing the nature and duration of the tenant's occupancy, rental rates.
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same
information shall be furnished by Seller to Buyer within that time period in the /brm of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, untess
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to propem.' for ninety. (90) days immediately preceding date of closing.
If property, has been improved, or repaired within that time. Seller shall deliver releases or waivers of mechanics' liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the count),, where real property, is located, at the office
of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall
in the computation exclude Saturdays. Sundays and state or national legal holidays, and any time period provided for herein
which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closine: Buyer shall furnish warranty deed. bill of sale. mechanic's lien affidavit.
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement.
mortgage, mortgage note. securi~ agreement, and financial statements.
1. Exgenses: DocumentaD' stamps on the warranty, deed and recording corrective instruments shall
be paid by Seller, Recording warranty deed shall be paid by Buyer.
J. Prora~;ions: credits: Taxes. assessments, rent. interest, insurance and other expenses and revenue
of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance
rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall
be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available.
taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January Ist of year of
closing which improvements were not in existence on January, Ist of the prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed upon benveen the parties, failing which, request will be made to
the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may. at request of either Buyer or Seller. be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
K. Soecial Assessment Liens: Certified. confirmed and ratified special assessment liens as of date of
closing (and not as of Effective Date) arc to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If
the improvement has been substantially completed as of Effective Date. such pending lien shall be considered as certified.
Exhibit "A" to Res. No. 68-97 -4- Page 4 of 6
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
L. lnsDeetion. Repair and Maintenance: Seller warrants that. as of ten (10) days prior to closing.
the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks
or water damage and that the septic tank. pool. all major appliances, heating, cooling, electrical, plumbing systems and
machinery, are in WORKING CONDITION. Buyer may. at Buyer's expense, have inspections made of those items by an
appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing
to Seller such items that do not meet the above standards as to defects together ~vith the cost of correcting them. prior to Buyer's
occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such detects within that
time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required.
Seller shall pay up to three percent (3%) of the purchase price tbr such repairs or replacements by an appropriately Florida
licensed person selected by Seller. If the cost tbr such repairs or replacement exceeds three percent (3%) of the purchase price.
Buyer or Seller may elect to pay such excess, failing which either party, ma.',' cancel this agreement. If Seller is unable to correct
the detects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will. upon reasonable notice, provide
utilities service lbr inspections. Between the effective date and the closing. Seller shall maintain property including but not
limited to the lawn and shrubbery., in the condition herein warranted, ordinary, wear and tear excepted. Buyer shall be permitted
access lbr inspection of propert).' prior to closing in order to confirm compliance with this standard.
M. Risk of Loss: If the property, is damaged by fire or other casualty betbre closing and cost of
restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged. Buyer shall have the option of
either taking property as is. together with either the three percent (3%) or any insurance proceeds payable by virtue of such toss
or damage, or of cancelling the agreement and receiving return of deposit(s).
N. 13~cr0w: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and. suoject to clearance, disburse them in accordance with
terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's per/brmance. If in doubt as to Agent's
duties or liabilities under the provisions of agreement, Agent may. at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute.
Upon notifying all parties concerned of such action, all liability, on the part of Agent shall fully terminate, except to the extent of
accounting for any items previously delivered out of escrow. Ifa licensed real estate broker. Agent will comply with provisions
of Chapter 475. F.S. (1987). as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow. Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdeliver3, to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Buyer
and Seller shall be relieved of all obligations under Contract. If. for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract. the Buyer ma3, seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
P. Agreement Not Recordable: Persons Bound: Notig¢: Neither this agreement nor any notice of it
shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or to that party..
Q. Conveyance: Seller shall convey the property by way of Warrant3., Deed subject to an easement
for an5' utilities that may exist and lie on the property.
Exhibit "A" to Res. No. 68-97 -5- Page 5 of 6
R. Qtller Agreements: No prior or present agreements or representations shall be binding upon
Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value
of the real property' which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach, Florida William E. Ward
By:
Jay Alperim Mayor
ATTEST:
City Clerk
Approved as to Form:
/~. City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ...~' ~day of .,'~t~ '~ :t .3 ~ ,
1997 by WILLIAM E. WARD, .who is nersonallv known to me or who has produced
(type of id. entification) and who did (did not) take
an oath.
Signature of Notary Public- · ./
State of Florida
ward.agt ~-- :7 .... ? - - - -
, f ,,,;:?~.5'{ 'J.?., Tfll01A LASKE¥
}}~*..' ,i-:;.; :..:_ 'IYCO.~lMISS,ON#CC~41906
it"-...~:;.-~.-.~::.v..'.-'? EX.'=IRES: ja,'ma~y 13, 1998
-6-
Exhibit "A" to Res. No. 68-97 Page 6 of 6
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PALMS DELRAY
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CURLEW' ',~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: DAVID T. HARDEN, CITY MANAGER~
SUBJECT: AGENDA ITEM # ~F - REGULAR MEETING OF SEPTEMBER 9, 1997
DATE FOR THE 6TH ANNUAL TOWN HALL MEETING
DATE: SEPTEMBER 4, 1997
For the first four years, the annual town hall meeting was held on
the fourth Tuesday in January at the Crest Theater at Old School
Square. Last year, the theater was booked through the month of
January, so the City Commission decided to hold the town hall meeting
on the second Tuesday in February in lieu of a work session. The
town hall meeting was held on February 11, 1996, and it was not
necessary for the Commission to hold an additional workshop meeting.
Again this year, we ran into a scheduling conflict for the use of the
Crest Theater on the fourth Tuesday in January, 1998. We have
tentatively reserved the facility for February 10th (second Tuesday)
and February 24, 1998 (fourth Tuesday). Direction is requested as to
which date should be confirmed.
I recommend that the town hall meeting be scheduled for February 10,
1998, in lieu of the regularly scheduled workshop meeting. If a work
session becomes necessary, the Commission could schedule it for an
alternate date.
ref:agmemol5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: '~CITY MANAGER
SUBJECT: AGENDA ITEM # ~'~.- REGULAR MEETING OF SEPTEMBER 9, 1997
APPOINTMENT TO SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: SEPTEMBER 4, 1997
J. Michael Pakradooni has submitted his letter of resignation from
the Site Plan Review and Appearance Board. This creates a vacancy
for a layperson to fill the unexpired term ending August 31, 1998.
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 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 Egan (Seat #2).
Recommend appointment of a member (layperson) to the Site Plan
Review and Appearance Board to fill an unexpired term ending
August 31, 1998.
ref:agmemol
Appointment to the Site Plan Review and Appearanceg Board
City Commission Reqular Meetinq of SeDtember 9, 1997
Applicants for layperson position:
Bonnie Ansbacher
Robert Brewer
Ron Brito (currently on Board of Construction Appeals)
Helen Coopersmith
Kenneth Jo Damian
Michael Eisenrod
Bernard Federgreen
Anne R. Ford
Sharon Fowler
Daniel P. Hess
Richard Kheel
Craig Jackson
George Maso Jones (currently on Affordable Housing
Advisory Committee)
Barbara Libbey
Gail Lee-McDermott
Steven Neubarth
Randee S. Schatz
Rhonda Sexton
Chris Stray (currently on Code Enforcement Board)
Charles Williams
Gregory E. Young
3. I~lichael Pakradooni
967 Cypress Drive
De/ray Beach, Florida $3483 ..- ?
Thursday, August 07, 1997
David T Harden
City Of Delray Beach
100 NW 1st
Delray Beach, FL 33483
Dear Mr. Harden:
It is with much consideration that I ask you to accept my resignation from the City's Site Plan Review and
Appearance Board.
I have served on a City Board for nearly four consecutive years and feel that I should make room for new
citizen input.
I have enjoyed working with your competent staff and the sincere citizen Board members. I feel many
good things were accomplished during my tenure and I am confident that our citizen based Boards will
continue moving our city forward in it's positive direction.
Sincerely,
J. Michael Pakradooni
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~' - REGULAR MEETING OF SEPTEMBER 9, 1997
APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE
DATE: SEPTEMBER 4, 1997
The terms for M. Sue Jackson and Willie Potts, Jr. (citizen
members) and Kareem Thompson (13-19 years age group) will expire
on September 13, 1997. Ms. Jackson has served two full successive
terms and is not eligible for reappointment. Mr. Potts has served
one full term. He is eligible and would like to be considered for
reappointmento Mr. Thompson was appointed to fill an unexpired
term in July, 1996. He, too, is eligible and would like to be
considered for reappointment. The term is for two years, ending
September 13, 1999. Attendance records are attached.
Sign-up sheets were posted at Pompey Park, the Community Center
and in the lobby at City Hall. The following individuals have
submitted applications for the citizen members:
Evelyn Dobson
Myra B. Julian
Charlene E. Pollard
Willie Ports, Jr. (incumbent)
Josh Smith, Jr.
The following individuals have submitted applications for the 13
to 19 years of age group:
Kenneth Julian
Kareem Thompson (incumbent)
A check for code violations and/or outstanding municipal liens was
conducted. Liens and code violations were found for Josh Smith,
Jr. The liens are for water/sewer and nuisance abatement (lot
mowing). The code violations are for non-conforming landscaping
and for failure to obtain a landlord permit. Copies are attached.
The appointments for citizen members will be made by Commissioner
Egan (Seat #2) and Commissioner Ellingsworth (Seat #3).
Commissioner Randolph (Seat #4) will make the appointment for the
13 to 19 years of age group.
Recommend appointment of two citizen members and one 13-19 years
of age group member to the Pompey Park Advisory Committee for two
year terms ending September 13, 1999.
ref: agmemol4 ir/')~, f//IZ~O~ " /~_~g Z~.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM #/~. - REGULAR MEETING OF SEPTEMBER 9, 1997
RESOLUTION NO. 64-97 (TENTATIVE MILLAGE LEVY ON ALL
PROPERTIES IN THE CITY)
DATE: SEPTEMBER 5, 1997
Resolution No. 64-97 tentatively levies a tax on all properties in
the City of Delray Beach for FY 1998 as follows:
~.9~ -7-~mills for operation and maintenance
of the General Fund
0.85 mills for the payment of principal and
interest on bonded indebtedness
7.8~ mills Tentative millage rate
The tentative millage rate of 7.8~ mills is/the ==m~ ~ FY 1997.
The rolled back rate calculated under the TRIM law for operating
purposes is 6.73 mills. The tentative millage rate is-~rS~ above
the rolled back rate.
Pursuant to the City's Charter and TRIM requirements, a public
hearing must be held prior to the adoption of the resolution.
Staff will make a brief presentation to open the public hearing.
Final adoption of the FY 1998 budget is scheduled for September
23, 1997.
ref:agmemol6 ?~ ~,~ ~ ~
RESOLUTION NO. 64-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO
TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL
AND INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID COLLECTIONS
THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $6.95 per one thousand dollars
($1,000.00) of assessed valuation is hereby tentatively levied on all
taxable property within the City of Delray Beach for the fiscal year
commencing October 1, 1997, and ending September 30, 1998. There
shall be and hereby is appropriated for the General Fund operations
of the City revenue derived from said tax for operating and
maintenance expenses of the General Fund, and also in addition, all
revenues derived by said City during said fiscal year from all other
sources other than the tax levy for current bond service and that
part of collection of delinquent taxes levied for bond service. The
assessed valuation on all taxable property for operating purposes
within the City of Delray Beach is $2,770,548,703. The tentative
operating millage rate of $~.95 per one thousand dollars ($1,000.00)
exceeds the rolled-back rate of $6.73 per one thousand dollars
($1,000.00) by 3.34%.
Section 2. That the amount of money necessary to be raised
for interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of the City of Delray Beach is
$2,233,280. There is hereby appropriated for the payment thereof,
all revenues derived from the tentative tax levy of $0.85 per one
thousand dollars ($1,000.00) of assessed valuation, which is hereby
levied for that purpose for the fiscal year commencing October 1,
1997, and ending September 30, 1998, upon the taxable property of the
City of Delray Beach, the assessed valuation being $2,770,548,703.
Section 3. That the above tentative millage rates are
adopted subject to adjustment in accordance with Section 200.065(5)
of the Florida Statutes which provides that a municipality may adjust
its adopted millage rate if the taxable value within the jurisdiction
of the taxing authority as certified pursuant to Section 200.065(1)
is at variance by more than one percent (1%) with the taxable value
shown on the assessment roll to be extended.
Section 4. That a public hearing was held on the proposed
budget on Septe~er 9, 1997.
PASSED ~ ~OPTED in regular session on this the 9th day
of Septe~er, 1997.
ATTEST:
~ity Cler~
- 2 - Res. No. 64-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~"1
s=~o~: ~=~ iT~ # ~- R~OO~ ~TINO O~ S~T~B~ ~, ~7
RESOLUTION NO. 65-97 (TENTATIVE MILLAGE LEVY ON ALL
PROPERTIES IN THE DDA TAXING DISTRICT)
DATE: SEPTEMBER 5, 1997
Resolution No. 65-97 tentatively levies a tax in the amount of
1.00 mill on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 1998.
This tentative millage exceeds the 0.98 rolled back rate
calculated under the TRIM law by 1.90%.
Per TRIM requirements, tax levies for dependent special taxing
districts such as the DDA must be separately discussed and adopted
at the public hearing.
Recommend approval of Resolution No. 65-97. Final adoption of the
DDA tax levy for FY 1998 is scheduled for September 23, 1997.
ref:agmemol7
RESOLUTION NO. 65-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY
TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID
COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $1.00 per one thousand dollars
($1,000.00) of assessed valuation is hereby tentatively levied on all
taxable property within the Downtown Development Authority Taxing
District of uhe City of Delray Beach for the fiscal year commencing
October 1, 1997, and ending September 30, 1998. There shall be and
hereby is appropriated for the purpose of financing the operation of the
Downtown Development Authority Taxing District revenue derived from said
tax for operating and maintenance expenses of the Downtown Development
Authority Taxing District, and also in addition, all revenues derived by
said Taxing District during said fiscal year from all other sources
other than the tax levy for current bond service and that part of
collection of delinquent taxes levied for bond service. The assessed
valuation on all taxable property for operating purposes within the
Downtown Development Authority Taxing District of the City of Delray
Beach is $102,656,563. The tentative operating millage rate of $1.00
per one thousand dollars ($i,000.00) exceeds the rolled-back rate of
$0.98 per one thousand dollars ($1,000.00) by 1.90%.
Section 2. That the above millage rate is adopted pursuant to
Florida Statutes Section 200.065(2) (e) (2), and subject to adjustment in
accordance with Section 200.065(5) of the Florida Statutes which
provides that each affected taxing authority, other than municipalities,
counties, school boards, and water management districts, may adjust its
adopted millage rate if the taxable value within the jurisdiction of the
taxing authority as certified pursuant to Section 200.065(1) is at
variance by more than three percent (3%) with the taxable value shown on
the assessment roll to be extended.
Section 3. That a public hearing was held on the proposed
budget on September 9, 1997.
PASSED AND ADOPTED in regular session on this the 9th day of
September, 1997. ~A~'
CERTIFICATION OF TAXABLE VALUE
SEC'rlON I 96
Year
PALM BEACH County To DELRAY BEACH - D.D.A.
(t,/~me Of Tmxlng AulhoHly)
(1) Current Year Taxable Value of Real Property for Operating Purposes $. 99,014,924
(2) Current Year Taxable Value of Personal Property for Operating Purposes $ 0
(3) Current Year Taxable Value ol Centrally Assessed Property for Operating Purposes $. 0
99,014,924
(4) Current Yoar Gross Taxable Value for Operating Purposes (1) + (2) + (3) $.
1,032,997
(5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $
Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions)
(6) Current Year Adjusted Taxable Value (4) - (5) $ 97,981,927 '
(7) Prior Year Final Gross Taxable Value $ 96,540,497
(From Prior Year Applicable Form DR-403 Series)
I do hereby certify the values shown herein to be correct to the best of my knowledge anj;L.bel, ief. Witness rp.y, hand and olficial
signature at WEST ..PALM BEACH __, Florida, this the 1 ..st~.._d~of ~ J'uJ(y ',~' ~. ,19 96.
-- $ig~'~tur~ol PropertyAppraJeer -
ii i~:i~;~ ~ .~:* ~*'.:: :*..~ :: :::i:: i: !::::i:!i:i. ~' ::: ::,::.' :~::.: '
TAXING AUTHORITY: If this portion o! the lorm is not completed In FULL your Authority will be denied TRIM certification
and possibly lose its millage levy privilege Ior the tax year. If any line is inapplicable, enter NIA or -0-.
SECTION II
(8) Prior Year Operating Millage Levy $ , ~ ~' per $1,000
(9) Prior Year Ad Valorem Proceeds (7) x (8) $. ~'ZiC'~
(10) Current Year Rolled-Back Rate (9) + (6) $ .~ ~'.~"~.~' ~ . per $1,000
(11) Current Year Proposed Operating Millage Rate $ ~ ~ OC.,G':~ per $1,000
(12) Check one (1) TYPE of Taxing Authority:
~-]County ['-'~Municipality [--~-'1 Independent ~TZ~Dependent [--~ Munlcipal Service ~--"'-~ Multi.--County
~ -- Special Dislric! ~ ' Special District Taxing Unit
(13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE.
(14) Current Year Millage Levy for VOTED DEBT SERVICE $... --c~-- per $1,000
(15) Current Year OTHER VOTED MILLAGE $. ~" per $1,000
DEPENDENT SPECIAl. DISTRICTS SKIP lines (16) through (22) ]
(16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $
& MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420)
(17) Total Prior Year Proceeds: (9)+(16) $.
(18) The Current Year Aggregate Rolled-back Rate: (17) + (6) $. ~.~ ~? per $1,000
(19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ , ,
(20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $. I~,
Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4)
(21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $~ y-,~., d}. per $1,000
(22)Current Year Proposed Rate as a PERCENT CHANGE of Roiled-back Rate:
[(Line 21 + Line 18) - 1.00] x 100
Date, 'l'ime and Place of the first Public Budget Hearing:
I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER,
I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official
signature at , Florida, this the .. day oi ,19 .
$igllmlure and Title o~ Chief ~mlnlstrative Officer ~dteee o[ Phy81~ L~tlo~
N~ el Co~acl~e~on
M~III,,. Ad4,o.. ,--' {
Cl~ $~le Zip Phone Number F~ Number
SEE INSTRUCTIONS ON R~ERSE SIDE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,"~
SUBJECT: AGENDA ITEM #/O~- REGULAR MEETING OF SEPTEMBER 9, 1997
RESOLUTION NO. 66-97 (TENTATIVE FY 1998 BUDGET)
DATE: SEPTEMBER 5, 1997
Resolution No. 67-97 makes tentative appropriations of sums of
money for all necessary expenditures of the City for fiscal year
1998. The tentative appropriations are set forth in Exhibit "A"
to the resolution.
Pursuant to the City's Charter and TRIM requirements, a public
hearing must be held prior to the adoption of the tentative
budget. Staff will make a brief presentation to open the public
hearing.
Final adoption of the budget for FY 1998 is scheduled for
September 23, 1997.
ref:agmemol2
RESOLUTION NO. 66-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY
EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR THE PERIOD FROM THE lST DAY OF OCTOBER, 1997,
TO THE 30TH DAY OF SEPTEMBER, 1998; TO PRESCRIBE
THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT
TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT;
AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT
WITH THIS RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF
SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached
hereto and marked Exhibit "A", are hereby tentatively appropriated
upon the terms and conditions herein set forth.
Section 2. That, subject to the qualifications contained
in this resolution, all appropriations made out of the General Fund
are declared to be maximum, conditional and proportionate
appropriations, the purpose being to make the appropriations payable
in full in the amounts herein named if necessary and then only in
the event the aggregate revenues collected and other resources
available during the period commencing the 1st day of October, 1997,
and ending the 30th day of September, 1998, for which the
appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be
deemed to be payable in such proportion as the total sum of realized
revenue of the General Fund is to the total amount of revenues
estimated by the City Commission to be available in the period
commencing the 1st day of October, 1997, and ending the 30th day of
September, 1998.
Section 3. That all balances of the appropriations
payable out of the General Fund of the City Treasury unencumbered at
the close of business on the 30th day of September, 1997, except as
otherwise provided for, are hereby declared to be lapsed into the
City Treasury and may be used for the payment of the appropriations
which may be made in any appropriation for the fiscal year
commencing the 1st day of October, 1997. Provided, however, nothing
in this section shall be construed to be applicable to unencumbered
balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special
revenue, but such balances shall be used in financing the proposed
expenditures of these Funds for the fiscal year commencing the 1st
day of October, 1997.
Section 4. That no department, bureau, agency or
individual receiving appropriations under the provisions of this
resolution shall exceed the amount of its appropriation, except with
the consent and approval of the City Commission first obtained. If
such department, bureau, agency or individual shall exceed the
amount of its appropriation without such consent and approval of the
City Commission, the administrative officer or individual, in the
discretion of the City Commission, may be deemed guilty of neglect
of official duty and may be subject to removal therefor.
Section 5. That nothing in this resolution shall be
construed as authorizing any reduction to be made in the amounts
appropriated in this resolution for the payment of interest on, or
retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer
Fund, Sanitation Fund or any other Fund of the City shall be
expended for any purposes other than those for which they are
appropriated, and it shall be the duty of the Budget Administrator
and/or Finance Director to report known violations of this section
to the City Manager.
Section 7. That all monies collected by any department,
bureau, agency or individual of the City government shall be paid
promptly into the City Treasury.
Section 8. That the foregoing budget is hereby
tentatively adopted as the official budget of the City of Delray
Beach, Florida, for the aforesaid period. However, the restrictions
with respect to the expenditures/expenses of the funds appropriated
shall apply only to the lump sum amounts for classes of
expenditures/expenses which have been included in this resolution.
Section 9. That this resolution shall be effective on
October 1, 1997.
PASSED AND ADOPTED in regular session on this the 9th day
of September, 1997.
ATTEST: · ~MA~
~City c%~k - -
- 2 - Res. No. 66-97
EXHIBIT A
BUDGET SUMMARY
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 250,000 47,000 804,680 1,101,680
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6.95 18,292,550 18,292,550
AD VALOREM TAXES 0.85 2,237,220 2,237,220
AD VALOREM-DELINQUENT 98,000 98,000
AD VALOREM - DDA 1.00 97,530 97,530
Sales & Use Taxes 1,385,500 1,385,500
Franchise Taxes 3,046,000 3,046,000
Utility Taxes 5,386,000 5,386,000
Licenses & Permits 2,164,390 2,164,390
Intergovernmental 4,973,300 5,000 1,544,360 6,522,660
Charges for Services 3,759,830 25,995,010 29,754,840
Fines & Forfeitures 473,200 473,200
Miscellaneous Revenues 2,561,100 4,330 1,004,450 204,290 3,774,170
Other Financing Sources 2,262,680 819,110 849,920 3,931,710
TOTAL REVENUES AND OTHER
FINANCING SOURCES 46,639,770 101,860 27,823,570 2,598,570 77,163,770
TOTAL ESTIMATED REVENUES
AND BALANCES 46,889,770 148,860 28,628,250 2,598,570 78,265,450
EXPENDITURES/EXPENSES:
General Government Services 5,519,920 5,519,920
Public Safety 26,079,140 26,079,140
Physical Environment 317,230 15,579,690 15,896,920
Transportation 1,305,270 1,305,270
Economic Environment 814,640 127,830 1,689,810 2,632,280
Human Services 184,240 184,240
Culture & Recreation 6,570,180 3,303,790 406,740 10,280,710
Debt Service 3,960,210 4,669,910 8,927,560
Other Financing Uses 2,119,240 4,444,920 297,440 6,861,600
TOTAL EXPENDITURES/EXPENSES 46,870,070 127,830 27,998,310 2,393,990 77,390,200
Reserves 19,700 21,030 629,940 204,580 875,250
TOTAL EXPENDITURES AND RESERVES 46,889,770 148,860 28,628,250 2,598,570 78,265,450
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
RESOLUTION NO. 67-97 (STORMWATER UTILITY SYSTEM)
DATE: SEPTEMBER 5, 1997
Resolution No. 67-97 establishes the budget for the stormwater
utility system, establishes the rates for FY 1998 stormwater
management assessments, and certifies and adopts the stormwater
management assessment roll. Prior to consideration, a public
hearing is required.
The assessment is proposed at the rate of $4.50 per month per
Equivalent Residential Unit (ERU), for a total annual assessment
of $54.00 per ERU. This is the same as the current year
assessment. Property owners within the Lake Worth Drainage
District are given a 25% discount. A separate 25% discount is
given to owners of property served by private drainage systems.
The proposed budget for the stormwater utility fund is
incorporated in Resolution No. 67-97 as Exhibit "A". The rate
structure with condominium factors is attached to the resolution
as Exhibit "B". The assessment roll will be available for review
in the Commission Chambers at the September 9th meeting.
Recommend approval of Resolution No. 67-97.
ref:agmemol8
RESOLUTION NO. 67-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR
THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES
FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH
PARCEL WITHIN THE BENEFITED AREA, OTHER THAN
NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC
HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, AND RELEVANT STATUTORY AUTHORITY;
PROVIDING FOR THE CERTIFICATION AND ADOPTION OF
THE STORMWATERMANAGEMENT ASSESSMENT ROLL.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on July 6, 1990, adopt Ordinance No. 21-90, which
provides for the creation and establishment of a City-wide
Stormwater Management System; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on April 27, 1993, adopt Ordinance No. 35-93 which
amended Chapter 56 of the Code of Ordinances of the City of Delray
Beach, Florida, to provide for the method of establishing and
collecting Stormwater Management Assessments; and
WHEREAS, the statutory authority for the creation and
implementation of Ordinance No. 21-90, as amended, is predicated on
Article VIII, Section 2(b) of the Florida Constitution; Chapter 166,
Florida Statutes, as amended and supplemented; Section 403.0893,
Florida Statutes, as amended and supplemented; Chapter 197, Florida
Statutes, as amended and supplemented; the City Charter of the City
of Delray Beach, Florida; and other applicable provisions of law;
and
WHEREAS, the City Commission of the City of Delray Beach
has found that owners, tenants and occupants of property within the
geographical boundaries of the City will derive a special benefit
from the effective management of stormwater and other surface water
and from the operation, maintenance and expansion of the stormwater
management system; and
WHEREAS, Ordinance No. 21-90, as amended, establishes that
the rate for Stormwater Management Assessments for each parcel
within the benefited area, other than with respect to non-assessed
property, shall be established each year by resolution of the City
Commission; and
WHEREAS, Ordinance No. 21-90, as amended, provides that
such rate resolution shall not be adopted prior to the establishment
of an operational budget for the system or prior to conducting a
rate hearing as required by applicable law; and
WHEREAS, Ordinance No. 21-90, as amended, provides that
such budget shall include, but not be limited to a capital element,
a debt service element and an Operation and Maintenance element and
further requires that the rate hearing and rate resolution shall
clearly establish what portion of the Stormwater Management
Assessment reflects the capital element, the debt service element,
if any, and the Operation and Maintenance element; and
WHEREAS, a budget of operation for the year ending
September 30, 1998, is set forth herein in Exhibit "A" and is
established in conformity with the requirements of Ordinance No.
21-90, as amended, and Chapter 56 of the Code of Ordinances of the
City of Delray Beach, Florida; and
WHEREAS, billing and collection of the Stormwater
Management Assessment shall be accomplished utilizing the uniform
method of collection; and
WHEREAS, a rate for Stormwater Management Assessments for
the various classes of property (other than non-assessed property)
within the benefited area shall be calculated as provided in
Ordinance No. 21-90, as amended, and as further set forth in Exhibit
"B" to this resolution; and
WHEREAS, a public hearing on this resolution setting the
rates and adopting the budget and for the purposes of adopting and
certifying a stormwater assessment roll was duly noticed; and
WHEREAS, the City, upon adoption of the budget and rates,
shall review the stormwater assessment roll to determine its
conformity with the proposed rate resolution and if upon the
completion of such review the City shall be satisfied that the
Stormwater Management Assessment Roll has been prepared in
conformity with the proposed rate resolution, it shall adopt said
resolution and ratify and confirm the Stormwater Management
Assessment Roll and certify that the Stormwater Management
Assessment Roll is correct and proper and is to be used in
collecting the Stormwater Management Assessments. Thereafter, the
City Commission, if no objections are made by persons affected by
the assessment roll at the public hearing or if objections having
been made are deemed insufficient by the City Commission, shall
thereupon adopt the assessments as shown by the Assessment Roll; and
- 2 - Res. No. 67-97
WHEREAS, the owner of each parcel within the benefited
area for which a stormwater assessment is levied shall thereafter be
responsible for payment thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, does hereby adopt the aforementioned preamble in its
entirety.
Section 2. That the City Commission of the City of Delray
Beach does hereby adopt, after public hearing, the budget as
established in Exhibit "A" hereto which is incorporated herein.
Section 3. That the City Commission of the City of Delray
Beach does hereby adopt, after public hearing, the rates as set
forth in Exhibit "B" which is incorporated herein.
Section 4. That the City Commission of the City of Delray
Beach hereby adopts and certifies the Stormwater Management
Assessment Roll.
PASSED AND ADOPTED in regular session on this the 9th day
of September, 1997.
ATTEST:
~City Cl~rk
- 3 - Res. No. 67-97
EXHIBIT "A" to RESOLUTION NO. 67-97
A~achment "A"
FY 1997-98
FUND 448 STORMWATER UTILITY FUND
DEPT 54 STORMWATER UTILITY Manager's
DIV 11 ADMINISTIL~TION Recommended
12-10 REGULAR SALARIES/WAGES 29,850
21- ] 0 EMPLOYER FICA 2,270
22-10 GEN'L EMP RETIREMENT 1,870
23-10 LIFE INSURANCE 140
23-20 DISABILITY INSURANCE 320
23-30 HEALTH INSURANCE 2,170
24-10 WORKERS' COMPENSATION 1,450
25-10 UNEMPLOYMENT COMPENSATION 20
25-20 EMPLOYEE ASSISTANCE PROGRAM 40
* PERSONAL SER VICES 38,130
31-30 ENGINEERING/ARCHITECT 13,500
32-10 AUDIT/ACCOUNTING FEES 300
34-90 OTHER CONTRACTUAL SERVICE 4,000
40-10 TRAVEL & TRAINING 590
41-10 TELEPHONE EXPENSE 220
42-10 POSTAGE 200
43-50 STORMWATER CHARGES 290
44-45 VEHICLE RENTAL-GARAGE 1,720
45-10 GENERAL LIABILITY 5,870
46-20 EQUIPMENT MAINTENANCE 1,500
46-30 VEH1CLE MAINT-GARAGE 800
46-90 OTHER REPAIR/MAINT COST 7,800
48-20 EMPL RECOGNITION AWARD 50
49-22 SHARE OF ADMIN EXPENSE 40,000
49-90 OTHER CURRENT CHARGES 500
51-10 STATIONERY/PAPER/FORMS 400
51-20 OFFICE EQUIP < 500 1,260
51-90 OTHER OFFICE SUPPLIES 290
52-10 FUEL/LUBE VEHICLES 450
52-20 GENERAL OPERATING SUPPLIES 250
52-22 UNIFORMS/LINEN SERVICE 90
54-15 SUBSCRIPTION S 120
54-30 TRAINING/EDUCATION COSTS 240
* OPERA TING EXPENSES 80,440
63-90 OTHER IMPROVEMENTS 920,000
* CAPITAL OUTLAY 920,000
99-01 PROJECT RESERVE 177,420
91-01 TRANSFER TO GENERAL FUND 30,000
* NON-OPERATING EXPENSES 207,420
** ADMINISTRATION 1,245,990
Exhibit "A" to Res. No. 67-97 Page 1 of 2
Attachment "A"
FY 1997-98
FUND 448 STORMWATER UTILITY FUND
DEPT 54 STORMWATER UTILITY Manager's
DIV 16 STORMWATER SYSTEM MAINTENANCE Recommended
12-10 REGULAR SALARIES/WAGES 121,100
14-10 OVERTIME 3,960
21-10 EMPLOYER FICA 9,300
22-10 GEN'L EMP RETIREMENT 7,580
23-10 LIFE INSURANCE 430
23-20 DISABILITY INSURANCE 1,310
23-30 HEALTH INSURANCE 10,840
24-10 WORKERS' COMPENSATION 12,790
25-10 UNEMPLOYMENT COMPENSATION 110
25-20 EMPLOYEE ASSISTANCE PROGRAM 210
* PERSONAL SERVICES 167,630
31-20 MEDICAL 100
34-70 PHOTO/MICROFILM SERVICES 100
34-78 REPAIR & UPKEEP CANALS 6,000
34-90 OTHER CONTRACTUAL SERVICE 50,140
40-10 TRAVEL & TRAINING 1,190
43-10 ELECTRICITY 7,560
43-20 WATER AND SEWER 600
43-25 IRRIGATION WATER 300
44-10 LAND RENTAL/LEASE 100
44-30 EQUIPMENT RENTAL/LEASE 300
44-45 VEHICLE RENTAL-GARAGE 14,500
45-10 GENERAL LIABILITY 7,920
46-20 EQUIPMENT MAINTENANCE 100
46-30 VEHICLE MAINT-GARAGE 23,500
46-90 OTHER REPAIR/MAINT COST 10,000
48-20 EMPL RECOGNITION AWARD 250
51-10 STATIONERY/PAPER/FORMS 200
51-90 OTHER OFFICE SUPPLIES 100
52-10 FUEL/LUBE VEHICLES 4,350
52-20 GENERAL OPERATING SUPPLIES 1,700
52-22 UNIFORMS/LINEN SERVICE 1,700
52-24 BUILDING MATERIALS 1,900
52-26 GARDENING SUPPLIES 6,000
52-27 EQUIPMENT < $500 1,900
53-20 REPAIRS - DRAINAGE 7,540
54-20 MEMBERSHIPS 50
54-30 TRAINING/EDUCATION COSTS 600
* OPERA TING EXPENSES 148,700
64-90 OTHER MACHINERY/EQUIPMENT 10,680
* CAPITAL OUTLAY 10,680
** STORMWATER SYSTEM MAINTENANCE 327,010
**** STORMWATER UTILITY FUND 1,573,000
Exhibit "A" to Res. No. 67-97 Page 2 of 2
EXHIBIT "B" TO RESOLUTION NO. 67-97
Property Total 12 Month
Description Rate Structure Assessment
Single Family
Residential ($4.50/Mo./ERU) (12 Mo.) (1 ERU) $ 54.00
Condominium ($4.50/Mo./ERU) (12 Mo.) (Condo Factor) $ 54.00
(ERU/Unit) x CF*
Single Owner
Multi-Family
Residential ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU
Non-Residential
Developed ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU
Undeveloped ($4.50/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 64.80/AC
Ail properties within the Lake Worth Drainage District (LWDD), as
indicated by the LWDD's boundary map, shall receive a 25% discount.
All properties for which the City does not provide for the
maintenance of street drainage systems shall receive a 25% discount.
* A specific condominimum factor (0.0 - 1.0) has been determined for
each condominium development. A list of those factors is attached.
Page 1 of 4
City of Delray Beach, Florida Program: SWLIB/SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared: 9/05/97, 8:29:39
CONDOMINIUM RATES FOR TAxX YEAR 1997 Page 1
Condominium Units ERUs
Acacia House 3 91
Admiral Apts. 10 70
A~chorage 7 36
Ardmore 13 70
Arnold Industrial Park 3 70
Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 70
Balmoral 12 57
Banyan House 65 63
Banyan Tree Village 55 96
Bar Harbour 85 39
Barr Terrace 96 38
Barrton Apts. 102 46
Beach Cabanas 12 64
Beach House of Delray 12 70
Beekman 14 70
Berkeshire II 48 1.00
Berkshire I 23 .79
Bermuda High 22 1.00
Bermuda High South 29 .94
Bermuda High West 46 1.00
Boca Isle/Point at Delray Beach 93 .69
Brooks Lane 6 1.00
Cambridge 8 1.00
Captains Walk 57 86
Casa Del Mar 11 49
Chevy Chase 16 70
Churchill 30 60
Coach Gate U 97
Coastal House 85 41
Conunodore Apts. 8 70
Coral Cove 7 70
Costa Del Rey 40 63
Costa Del Rey North 30 77
Country Manors 440 1.00
Court of Delray 43 40
Cove Apts 5 70
Crest 6 79
Del Harbour 18 32
Del Harbour Condominium 4 70
Delhaven 24 74
Delray Bch Club 77 47
Delray Dental Specialists 3 70
Delray Estates 324 55
Delray Golfview 36 57
Delray Harbour Club 50 44
Delray Oaks 142 95
Delray Oaks West 216 95
Delray Ocean Villas 15 70
Delray Place 42 35
Delray Shores Professional 8 1.00
Delray Suramit 66 .41
Domaine Delray 60 .91
Dover House 45 .48
Eastview of Delray Beach 3 .70
Exhibit "B" to Res. No. 67-97 Page 2 of 4
City of Delray Beach, Florida Program: SWLIB/SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared: 9/05/97, 8:29:39
CONDOMINIUM RATES FOR TAX YEAR 1997 Page 2
Condominium Units ERUs
Eastview Village Square 24 1.00
Eastwinds 84 .69
Eight Hundred Ocean Place 8 1.00
Envirorunent I 92 .93
Fairway 72 1.00
Fall Ridge 60 1.00
First Encounter 46 .70
Georgia Street Industrial Park 3 .70
Golfview Colony 8 1.00
Greensward Village 136 .91
Grove 28 .99
H~milton House 24 .77
Harbour Pointe of Delray 10 .70
Harbour Villas 17 .56
Harhourside I-III 176 .67
High Point 1,992 .76
Imperial Manor 12 .70
Imperial Villas 199 .96
Ingraham House 4 .70
Inlet Cove 16 1.00
Inner Circle 16 .72
Intercoastal Cove 4 .70
Jardin Del Mar 38 .83
Lago Del Rey 338 .86
Lago Del Rey North Amsterdam 30 .57
Lakeview Greens 128 90
Landings of Delray Beach 27 63
Lanikai Villas 24 52
Lavers Delray Racquet Club 566 99
Ledges 3 70
Linton Ridge 84 39
Linton Woods 24 1 00
Lyndon Arms 8 64
Manor House 24 67
Marina Del Rey 10 70
Martel Arms 30 1 00
Miramar Gardens 48 38
Narberth/Ocean Aire 14 70
New Monmouth 17 70
Ocean East 8 85
Ocean Place 29 1 00
Ocean Terrace 8 70
One Sixty Center 5 1 O0
One Ten Apts 4 70
Outrigger 25 1.00
Palm Square 8 .70
Palm Trail 22 .70
Palm Villas 60 1.00
Park View Manor 16 .55
Patio Beach 10 .70
Pelican Pointe 56 1.00
Penthouse Delray 80 .41
Pine Beach South 6 .70
Pines of Delray 685 .72
Exhibit "B" to Res. No. 67-97 Page 3 of 4
City of Delray Beach, Florida Progra~: SWLIB/SWCONDO
STOB/~WATE~ F~%iqAGEMENT ASSESSMENT Prepared: 9/05/97, 8:29:39
CONDOMINIUM RATES FOR TAX YEAR 1997 Page 3
Condominium Units ERU$
Pines of Delray North 700 .99
Pines of Delray West 287 .75
Plum 7 1.00
Ranger 10 .70
Sabal Pine 256 .85
Sabal Pine East 222 .93
Sabal Pine South 128 .87
Sands Terrace 14 .50
Savoy 8 .70
Seabreeze of Delray 5 .69
Seagate Manor 63 .51
Seagate Towers 149 .49
Seastone Apts. l0 .34
Seaway Villas of Delray Beach 6 .70
Serena Vista 30 1.00
Seven Seventy 17th Ave. 9 .70
South County Professional 44 .70
South Ocean 10 1.00
South Shore Club 15 1.00
Southridge 37 1.00
Southridge Village 68 .90
Southwinds 84 .69
Spanish River 81 .34
Spanish Trail 20 .59
Spanish Wells 240 .72
Stcr-all 12 .70
Tahiti Cove 18 .79
Talbot House III 4 70
Three Fifty Five Building 7 1 00
Town & Country 148 57
Tropic Bay 1-17 399 61
Tropic Harbor 222 49
Tropic View 48 1 00
Twelve-O-Two 6 58
Valhalla 8 1 00
Venetian Drive Townhouse 4 70
Venetian Village 14 1 00
Vista Lago 14 70
Waterview Apts. 8 67
Waterway East 19 1 00
Waterway North 15 92
Wedgewood 6 70
Williamsburg Inn 12 .70
Windemere House 30 .63
Winston 8 .56
Woodbrooke 13 .66
Total condominium units . . . : 11,688
Average ERU/unit ...... : .76
154 Records processed
-- End of Listing --
Exhibit "B" to Res. No. 67-97 Page 4 of 4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~t~
SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF SEPTEMBER 9, 1997
ORDINANCE NO. 31-97 (LDR AMENDMENTS RE RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES)
DATE: SEPTEMBER 5, 1997
This is second reading and the second 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. At first reading on August 19th, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 31-97 on second and final
reading.
TO: DAVID T. HARDEN, CITY MANAGER _ ~
FROM: DIANE DOMINGUEZ, P& Z DIRECTOR~~~U~ ~'~) ~ ~//~
SUBJECT: AMENDMENTS TO LDR SECTIONS 4.4.20(D), INDUSTRIAL (I)
DISTRICT (CONDITIONAL USES AND STRUCTURES
PERMITTED); SECTION 4.4.21(D), COMMUNITY FACILITIES
(CF) DISTRICT (CONDITIONAL USES AND STRUCTURES
PERMITTED); AND SECTION 4.3.3(Z) RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES.
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.
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
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 DELRAY 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:
1) Boat manufacturing, repair, and/or service
(2) Bulk storage, gas and oil
(3) Concrete products manufacturing, including concrete
block and redimix concrete
(4) Custom fiberglass shops
(5) Dairy processing
(6) Heavy equipment and tool rental
(7) Bulk fertilizer sales, excluding compost heaps
(8) Garages for parking and storage of vehicles
(9) Junkyards
(10) Kennels, no on-site disposal of carcasses
(11) Lumberyards
(12) Meat cutting and wholesale storage
(13) Monument and ornamental stone cutting
(14) Rental and sales of modular buildings
~/S~~/~/~/~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).
(16) 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
(17) 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
(18) Towing services and attendant storage
(19) 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, Dursuant to
provisions of Section 4.3.3(Z); and power transfer stations.
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 underlying
Future Land Use Map designation of Community Facilities.~~/~
~/9~/~~/~/~/~/~~/ 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 9th day of Sep%~mber// , 1997.
AT%TEST: ~ ~,
~ Ci'ty ~lerk-
First Reading August 19, 1997
Second Reading September 9, 1997
- 4 - Ord. No. 31-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2XlAGER~
SUBJECT: AGENDA ITEM # /Or - MEETING OF SEPTEMBER°9, 1997
ORDINANCE NO. 33-97 (FIRST READING/FIRST PUBLIC HEAR-
ING)
DATE: SEPTEMBER 5, 1997
On August 19, 1997, Ordinance No. 30-97 regarding the MIC
district was voted down on first reading. The Commission
directed certain modifications be made to the ordinance with
respect to the location of certain uses, with outside storage
being confined to less visible locations on non-arterials.
Ordinance No. 33-97 reflects the changes directed by Commission
and is before you for first reading.
Recommend approval of Ordinance No. 33-97 on first reading. If
passed, second reading and second public hearing will be held
September 23, 1997.
ORDINANCE NO. 33-97
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) ,
"PRINCI PAL 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 Comm~ercial (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. ~ /~~ /~
~~vl //~ff~ /~/~ Retail uses are appropriate on a limited
basis, ~ and only as a secondary use ~ within the district.
located in areas designated for the primary use - industry and
commerce - as shown on the Future Land Use Map.
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
corTDoration.
- 2 - Ord. No. 30-97
(4) Retail trade. Retail uses as a secondary use within
any one building that has as its primary 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
(g) 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 testinq
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. 33-97
~%y (a) Adult Entertainment Establishments, pursuant
to the provisions of 2.4.5(E).
t~y (b) Kennels, no on-site disposal of carcasses
(c/ 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).
t~ (d) Towing services, with no outside storaqe..
(e) Automobile paint, body, and repair shops
(f) Boat repair and service
(2) The followinq additional uses are also allowed as
conditional uses in the MIC zoninq district. However, any outside
storaqe associated with such uses may not be located within one
hundred and fifty feet (150') of any property line adjacent to an
arterial roadway (excludinq Interstate 95):
(a) Lumberyards
(b) Garages and lots for the parking and storaqe of
vehicles, includinq the storaqe of liqht trucks,
up to and includinq two-ton trucks
(c). Storaqe and rental of liqht construction
equipment not over twenty-four feet (24') lonq.
eiqht feet (8') wide, and ten feet (10') hiqh
(d) Monument and ornamental stone cuttinq
(e) Rental and sales of modular buildinqs
- 4 - Ord. No. 33-97
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. 33-97
FROM: DIANE DOMINGUEZ, DIREG'TOR 0/~LANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 9. 1997
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 97-1 (EAR
BASED AMENDMENT) ** PUBLIC HEARING **
The action requested of the City Commission is that of authorizing transmittal of
proposed Comprehensive Plan Amendment 97-1 (EAR based amendment) to the
Florida Department of Community Affairs (DCA) for review.
Comprehensive Plan Amendment 97-1 was initiated with the adoption of the Evaluation
and Appraisal Report (EAR) on July 9, 1996. This amendment to the Comprehensive
Plan will formally include the recommendations made last year in the Evaluation and
Appraisal Report (EAR). Each element of the Plan has been revised to update
information and the status of objectives and policies. The elements have been
reformatted to improve readability and logic, and to better track the State rule
requirements. In addition, information and policy directives have been added, deleted,
and modified as recommended in the adopted EAR, and as subsequently directed by
the City Commission.
The Planning and Zoning Board formally reviewed the items included in the Plan
Amendment at a public hearing on August 25, 1997. There was no public testimony.
After discussion, the Board recommended (6-0) that the City Commission transmit
proposed Comprehensive Plan Amendment 97-1 as presented.
By motion, authorize transmittal of proposed Comprehensive Plan Amendment 97-1 to
DCA for review as recommended by the Planning and Zoning Board.
Attachments:
* Planning and Zoning Board Memorandum Staff Report
* Proposed Comprehensive Plan Amendment 97-1
,,o .G.
ORDINANCE NO. 32-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 97-1 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 97-1" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, known as the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission
adopted the document entitled "Comprehensive Plan - Delray Beach,
Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 97-1"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, following due public notice, held a public hearing on August
25, 1997, in accordance with the requirements of the "Local
Government Comprehensive Planning and Land Development Regulation
Act"; and
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City Commission that the proposed Comprehensive Plan Amendment
97-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 97-1 was
submitted to and reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 97-1 was
held by the City Commission on September 9, 1997, at which time it
was authorized to be transmitted to the Department of Community
Affairs for required review; and
WHEREAS, a report of Objections, Recommendations and
Comments (ORC) has been received from the State Department of
Community Affairs and said report has been reviewed by the Planning
and Zoning Board, as Local Planning Agency; and
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment' 97-1 was
held on in accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the "Local Government
Planning and Land Development Regulation Act"
Section 2. That in implementation of its declared intent
as set forth in Section 1 of this ordinance, there is hereby adopted
the document entitled "Comprehensive Plan Amendment 97-1", which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan
- Delray Beach, Florida" is hereby amended pursuant to the document
entitled "Comprehensive Plan Amendment 97-1"
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon
the date a final order is issued by the Department of Community
Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance
in accordance with Chapter 163.3184, F.S.
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
2 - Ord. No. 32-97
REPORT'
MEETING OF: August 25, 1997
AGENDA ITEM: II.A. RECOMMENDATION TO THE CITY COMMISSION
REGARDING THE TRANSMITTAL OF COMPREHENSIVE PLAN
AMENDMENT 97-1 (EAR-BASED AMENDMENTS)
The item before the Board is that of recommending to the City
Commission those items that should be transmitted to the Flodda
Department of Community Affairs as part of Comprehensive Plan
Amendment 97-1.
The City Commission initiated Comprehensive Plan Amendment 97-1 with the adoption
of the Evaluation and Appraisal Report (EAR) on July 9, 1996. This amendment to the
Comprehensive Plan will formally include the recommendations made last year in the
Evaluation and Appraisal Report (EAR). Each element of the Plan has been revised to
update information and the status of objectiVes and policies. The elements have been
reformatted to improve readability and logic, and to better track the State rule
requirements. In addition, information and policy directives have been added, deleted,
and modified as recommended in the adopted EAR.
The proposed elements of the Plan have been reviewed with the Board in worksessions
on July 21, 1997 and August 11, 1997. The work has also been reviewed with the City
Commission at a workshop on August 12, 1997.
Generally, the changes in the amendment do not represent a change in the City's
philosophy toward growth management, but are expressions of the City's positions and
methods of doing business as expressed through the actions of the City Commission.
The significant changes to the existing Comprehensive Plan are highlighted below, by
element.
CONSERVATION ELEMENT
This element now includes the Hammock 'Reserve Preserve Area in the list of
environmentally sensitive lands. The analysis of conservation issues has been updated
to better address concems about Lake Ida, and the County's efforts to improve its water
quality; improvements in air and ground water quality; and the future potential of
Hurricane Pines as an environmental preserve. Significant new or modified policies
include the following:
P&Z Board Memorandum Staff Report
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page :2
Policy A-1.4 Through its membership on the Regional Wastewater Board, the City shall
assure the continued evaluation of the alternative methods of sludge disposal, at least
every two years.
Policy A-2.2 Inspection and monitoring of business premises to ascertain that facilities
and procedures exist and aro utilized to propedy manage hazardous materials and
wastes commonly occurring as a result of existing or proposed activities, shall be
continued through current processes related to the Wellfield Protection Program,
Industrial Pretreatment Program, and Fire department inspections.
Policy A-4.7 The City, through the Regional Wastewater Treatment Facility Board,
shall continue to monitor the aroa of effluent rouse with the ultimate goal of reclaiming
and rousing moro effluent from the wastewater treatment plant if and when such a
program becomes technically and economically feasible. Priorities for expansion of
effluent rouse should be on golf courses in the City, and in the Coastal Planning Aroa.
Policy B-1.2 The City shall develop a program, in FY 97/98, to preserve the Hurricane
Pines parcel along $.E. 10th Street to the extent feasible through sensitive site
planning, or mitigate its development through a form of mitigation banking.
Policy B.1.5 The 4 acro oak hammock in the Hammock Reserve development shall
continue to be preserved from development as a environmentally sensitive site.
Policy B-3.2 The City supports Palm Beach County's program to restore and protect
the shoreline of Lake Ida. In addition, the City supports continuing monitoring of
boating activity in the lake to assure that this activity does not produce adverse impacts
on the shoreline.
Policy B.4.2 The City shall continue to implement the Sea Turtle Conservation
Program, which includes monitoring of nesting and hatching activity, and enforcement
of lighting restrictions.
Policy B-4.3 The City shall continue to implement its dune protection and enhancement
programs, which include management of the dunes at the municipal beaches and
regulation of private development activities.
Policy B.4.4 The City shall maintain existing programs to protect offshore reefs and
marine habitat through monitoring and management of beach renourishment
construction activities.
Policy C-2.1 The City shall encourage contidu~ed monitoring and enhancement of the
Lake Ida water quality by the responsible agencies, with the goal of achieving a level of
water quality that will allow swimming.
P&Z Board Memorandum Staff Report
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page 3
PUBLIC FACILITIES ELEMENT
In addition to updating and reformatting the information that describes the (~ity's public
facility components, objective and policy directives have been oriented toward the
efficient correction of long term system deficiencies. The additions and changes reflect
on-going work in the various departments responsible for the systems which have not
been sufficiently expressed in the Plan. Specific policies include:
Policy A-2.2 Expand the solid waste recycling program, including a focus on
commercial recycling and public awareness, with the goal of reducing the 1990 waste
stream level of 87,000 tons by 50% in 1998.
Policy B-1.2 The City shall continue to implement the Acquifer Storage and Recovery
(ASR) well program to supplement water supply during conditions of drought or well
field contamination and as a method of balancing the demand on water supply wells
during periods of high and Iow demand. This program shall include feasibility studies,
design, and construction as warranted by the results of the feasibility studies.
Policy C-2.1 A study shall be completed, by FY 98/99, to determine the total program
cost of addressing remedial work needed, for wastewater lines and lift stations, to
correct the problems with inflow and infiltration. This study should estimate the annual
costs required to complete the project over a 15 year time frame, and establish
reasonable interim targets.
Policy C-2.2 A study shall be completed, by FY 98/99, to determine the total program
cost of addressing remedial work needed to correct deficiencies in existing water lines.
This study should estimate the annual cost required to complete the project over a 15
year time frame, and establish reasonable interim targets.
Policy C-6.3 Through its membership on the regional wastewater treatment board, the
City shall assure that alternatives to land application of treated wastewater sludge are
assessed, at least every two years, and shall continue to monitor the impacts of the
effluent from the ocean outfall.
Policy E-I.'I Criteria for determining project priorities shall be as defined in the
Stormwater Master Plan, and upon correcting current, localized problems.
Policy E-1.5 The City shall protect and enhance surface water quality through the full
implementation of programs and activities inclui:led in the National Pollutant Discharge
Elimination System (NPDES) permit.
P&Z Board Memorandum Staff Report
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page 4
Policy E-3.2 The City.shall develop a street system master plan to enable the
development of cdteria to prioritize annual wOrk programs and allow, optimum funding
decisions. The master plan will be completed by FY 98~99, and will address all
components of the street system, including roadway surface, signs and markings, on-
street parking, storm sewers and swales, sidewalks, and street lights.
Policy E-3.3 The City shall program installation of sidewalks on an annual basis, with
the goal of completing a safe and convenient sidewalk system throughout the City by
the year 2000.
TRANSPORTATION ELEMENT
One obvious change in this element is its redesignation from Traffic Element to
Transportation Element, as required by changes in the States Rule. New rules require
the element to address mass transit (rail, bus, etc.) as well as the automobile. Most of
this information was already contained in the City's element, and required only
updating. The element analyzes the roadway network today, in the year 2000, and the
year 2015. Required improvements are projected and compared with committed and
planned projects in the Metropolitan Planning Organization (MPO) plans. Needs for
additions and adjustments to the MPO plans are identified to provide the City with an
acceptable roadway network through 2015. Policies are included to provide, within the
scope of the City's jurisdiction, opportunities for alternative transportation such as bus,
rail, pedestrian and bicycle. In addition, policies focus on the provision of a safe and
convenient local street network. Significant new and revised policies include the
following:
Policy A-1.1 The City will monitor efforts to establish a high speed rail system in South
Flodda. If such a system is implemented, the city will work to obtain a route which is
convenient to access but which minimizes impacts to residential areas.
Policy A-1.4 The City supports the eventual use of the F.E.C. rail corddor for
commuter travel, and its potential to link the City's downtown with the downtown's of
other eastern cities along the corridor.
Policy A-7.4 The City shall continue its opposition, as expressed in Resolution No. 86-
95, to increases in minimum bddge clearances across the Intracoastal Waterway. The
current guidelines call for a 21 foot vertical clearance and 125 foot horizontal clearance.
These guidelines will have an adverse impact on residents and business in the vicinity
of bridges. ' '
Policy A-7.5 The City supports the.widening of Lake Ida Road between Congress
Avenue and Military Trail only as a last resort to alleviating LOS deficiencies. The City
will explore alternatives, such as limiting expansion to the addition of a center tum lane,
and seeking a CRALLS (Constrained Roadway at a Lower Level of Service)
designation for the roadway.
P&Z Board Memorandum Staff ~eport
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page 5
Policy C-l.1 Through and nonresidential traffic travel shall be limited in stable
residential areas. Where a problem with such traffic is specifically identified, it should be
addressed through the utilization of traffic calming measures, such as roundabouts,
medians, and speed humps. . ,,
Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of
Collector and Arterial roadways. These improvements are to emphasize safer bicycle
movements (e.g. 14 foot outside travel lanes) rather than providing separate bicycle
facilities and lanes. The City, by adoption of this policy, requests that such
improvements be included on all projects undertaken per Flodda Department of
Transportation or the County five-year road program, as well as the City's Capital
Improvement Program.
OPEN SPACE AND RECREATION ELEMENT
In the area of recreation services, Delray Beach has long met the minimum level of
service standards. The City's focus now is to satisfy the entire community's demands
for leisure time opportunities at the highest level of quality. To this end, several new
objectives and policies have been added to this element, directed toward improving the
delivery of leisure services to the community. These include:
Policy A-2.4The City shall stdve to develop a scenic recreational network for
pedestrians and bicyclists. This network should make use of existing resources where
possible, such as canal rights-of-way. In this way the scenic network would be similar
to the rails-to-trails concept. Development of the network is not seen as a high pdority
work item, but every opportunity to advance such a network should be taken.
Policy A-2.6 The City shall develop a program, in FY 98/99, to improve and upgrade
the recreation facilities at the Catherine Strong Center, and shall work with he School
Board to assure maintenance and improvement of the recreation facilities at the Full
Service Center.
Policy A-2.7The City shall develop a program to establish small parks in
neighborhoods. The program would include identification of vacant or surplus parcels,
and strategies to assure that the neighborhood determines the parameters of the park
and is responsible for construction and operating costs. Such strategies should rely
heavily on existing neighborhood associations as the originating, motivating and
organizing forces. Program development shall occur in FY 97/98.
poli.c.y A-2.8 Provide needed office space in the Community Center while maximizing
multi-purpose room space for program neei:lS. The expansion of the Community
Center, or other solutions to the need to accommodate office and program space,
should be a funding priority in the Comprehensive Plan.
P&Z Board Memorandum Staff Report
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page 6
Policy A-2.10 The City shall develop a program, with funding requirements including
cost sharing by the School Board, for field lighting at the Full Service Center and Carver
Middle School. Program development shall be completed in FY 97/98.
Policy A-3.5 The City shall develop a program, with funding requirements, fo establish
an information exchange, staffed by City personnel, acting as a clearinghouse to
encourage and publicize recreational activities to meet the needs of all cultural and age
groups. Program development shall be completed in FY 97/98.
Policy A-3.8 The City shall continue to encourage other community partners, including
religious and social organizations, to join in the effort to provide leisure programs and
activities for the community as a whole.
Policy A-3.7 The City shall develop a program, with funding requirements, to diversify
recreational programs to offer more alternative sports, music, drama, arts and crafts
and youth-in-government programs. Program development shall be completed in FY
97/98.
Objective A-4
The provision of recreational facilities by the private sector is an important factor in the
quality of life in the entire community, especially for teenagers and young adults. The
City shall encourage the siting of appropriate private recreational facilities within the
City through the provision of informational services, and consideration of innovative,
quality development proposals.
Policy A-4.1 The City shall consider modifications to the Land Development
Regulations with regard to private recreational facilities, including the number of
permitted, vs. conditional, recreational uses allowed in commercial zoning districts.
Policy A-4.2 The City shall establish, within the Planning and Zoning Department, a
staff level task team to assist potential developers of private recreational facilities.
HOUSING ELEMENT
Housing needs as projected by both the City's consultant and the State are used in this
element to forecast needs in various income ranges. Strategies for the creation and
preservation of affordable housing, including housing for middle income families, rental
housing assistance, and provision of lots for Iow income housing are addressed. Local
issues related to 'masionization" and housing in the downtown are also included in the
element, along with State-prescribed growth management issues. Significant new and
revised policy direction includes:
P&Z Board Memorandum Staff Report
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page 7
Policy A-8.4 In FY 97/98, the City will examine the possibility of establishing a
revolving loan program to help subsidize the rehabilitation of rental...properties. As
envisioned, the program will consist of short term, secured loans that will concentrate
primarily on exterior improvements and the correction of code deficiencies. A possible
funding source for the program is money received from the repayment of the Auburn
Trace UDAG.
Policy A-'12.3 In evaluating proposals for new development or redevelopment, the City
shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Policy B-2.2 The development of new adult odented communities within the City is
discouraged. New housing developments shall be designed to accommodate
households having a range of ages, especially families with children, and shall be
required to provide 3 and 4 bedroom units and activity areas for children ranging from
toddlers to teens. This requirement may be waived or modified for residential
developments located in the downtown area, and for infill projects having fewer than 25
units.
Policy B-2.3 New housing developments shall include a range of housing types that
offer variety in size, color, and style.
Policy B-2.5 The development of single family housing that is affordable to families
earning 120--200% of the median income is encouraged. For vacant properties having
a Transitional or Medium Density Residential FLUM designation, the City will consider
the use of incentives to encourage the development of housing at lower densities in
order to meet this need. Such incentives may include flexibility in development
standards, participation in infrastructure costs, or other measures deemed appropriate.
Policy B-2.6 Housing in and near the downtown area, in close proximity to employment
opportunities and services, is a cdtical need. In order to help stimulate demand for new
housing in and around the Central Business District, the development of new rental
housing projects outside of the TCEA and North Federal Highway area is discouraged.
Policy B-3.4 The City's Planning and Zoning D~epartment will work with the Community
Redevelopment Agency to analyze the existing Central Business Distdct regulations to
determine if there are significant ,regulatory impediments to the development of
residential units in the downtown, and will process the amendments necessary to
eliminate those barriers. This analysis will be conducted in FY 97/98.
P&Z Board Memorandum Staff Report
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page 8
COASTAL MANAGEMENT ELEMENT
The inventory and analysis (text) sections of this element have been enl~anced with
more detailed descriptions of the Coastal Planning Area, and the programs in place
relating to the Intracoastal Waterway, the beach, and natural disaster planning.
Existing policy direction related to maintaining the character of coastal development has
been retained. New and revised policy direction clarifies the City's philosophy of
protecting and enhancing the quality of the coastal area, as shown in the following:
Policy A-l.5 The City shall protect sea turtles and their nesting habitat through
continuation of lighting restrictions, monitoring and education programs.
Policy A-2.2 The quality of the ICWW shall continue to be improved by the control of
storm runoff and the implementation of the projects and programs in the NPDES permit.
Policy B-1.1 The City shall retain the existing public parking under its control on the
barrier island, and shall explore opportunities to expand parking for increased public
beach access.
Policy B-1.2 Additional marina facilities and waterway access shall be provided
pursuant the boating facility siting plan being developed by the Florida Department of
Environmental Protection for Palm Beach County as part of the manatee protection
plan. The City shall closely monitor the development of this plan and shall provide input
to assure that the plan will maximize opportunities for public access to the Intracoastal
Waterway while protecting the environment.
Policy. B-1.4The City shall retain all existing public access to the Intracoastal
Waterway, including street ends, and should consider enhancement of the street ends
as pocket parks with reasonable use restrictions including limited hours of operation.
Policy B-1.5 The City shall perform the necessary studies to pursue development of
FIND parcel MSA 650 either as 1) an entirely passive park with picnic areas and a
nature trail, with additional boat ramps at Knowles Park; or 2) a partially active park with
boat ramp and parking facilities in addition to preservation areas. The completed
studies should be brought to the City Commission for a decision on the final plan in time
for inclusion in the FY 98/99 budget.
Policy C-4.2 The City, through its Parks and Recreation Department, shall continue its
programs for the acquisition and perpetual u~e of the FIND properties as marine and
wildlife habitats through retention of flora and fauna and the possibility of sites for the
relocation of mangroves which must be relocated from elsewhere along the Intracoastal
Waterway, and development of Intracoastal Waterway access.
P&Z Board Memorandum Staff ~eport
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page 9
Objective C-7
There shall be no public expenditures which subsidize expanded developn~ent on the
barrier island, unless such expenditures are necessary to: provide services to
development allowed by the Future Land Use Map at the same level of service as the
rest of the City; provide for recreational needs; maintain, restore or enhance of natural
resources; maintain adequate evacuation times; and maintain or enhance public beach
access and use.
FUTURE LAND USE ELEMENT
In addition to updating the basic data and analysis, this element addresses the need to
perform new studies to project population growth, assess the City's economy as it
relates to land use, to reevaluate the extent of redevelopment planning required to
stabilize neighborhoods, and to analyze the City's annexation area. Policy direction
has been strengthened relating to control of strip commercial development, location of
regional facilities, historic preservation, and location of auto dealerships. Significant
new and revised policies include:
Policy A-1.4 The City shall undertake a comprehensive study of economic
development issues and needs in FY 98/99. The study will, at a minimum, assess the
major economic components of the City to determine the uses necessary to
accommodate employment needs and sustain economic growth. Recommendations
made in the study regarding land use needs shall be adopted as policies in the Future
Land Use Element.
Policy. A-1.7 Amendments to the Future Land Use Map (FLUM) must be based upon
the following findings:
· Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy, or
similar circumstances. The need must be supported by data and analysis. This
policy shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space.
· Consistency - The requested designation is consistent with goals, objectives, and
policies of the most recently adopted ComlJr~hensive Plan.
· Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
· Compatibility -- The requested designation will be compatible with existing and
future land uses of the surrounding area.
P&Z Board Memorandum Staff 15,eport
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page ]0
· Compliance -- Development under the requested designation will comply with the
provisions and requirement of the Land Development Regulations.
Policy A-1.8 Future proposals to establish regionally oriented public facilities shall be
supported by data which demonstrates that the loss of property tax revenue and other
negative impacts will be offset by mitigating measures which may include, but are not
limited to: payment of fees, creation of significant numbers of local jobs, and measures
to control odors, noise, traffic, and other potential impacts on the surrounding
communities. If the approving body determines that the negative impact of a particular
facility cannot be substantially offset by mitigating measures, the application shall be
denied.
CAPITAL IMPROVEMENT ELEMENT
The element was modified to provide up to date descriptions of the City's revenue
sources and financing mechanisms, and to list the capital needs expressed in other
elements. The guidelines used in prioritizing capital improvement projects are specified
in the Plan, as are the procedure used to develop capital budgets. Objective and policy
directions have been reordered to better reflect the needs of a city nearing build out, i.e.
needs relative to maintaining and upgrading existing facilities are addressed before
those related to accommodating future growth. New or significantly modified objectives
and policies include the following:
Policy A-1.8 The City shall strive to maintain a General Fund Reserve equal to 7-10%
of the recurring annual operating revenue, excluding major one-time costs such as
those related to bonding.
Policy A-3.2 The Five Year Capital Improvements Schedule shall be established in
accordance with the Guidelines for Prioritizing Capital Improvement Projects, as
contained in this Element.
Objective A-6
The City of Delray Beach shall limit public expenditures on the barder island which
subsidize increased development intensities beyond those shown on the Future Land
Use Map, or development which adversely affects hurricane evacuation times.
These, and the other objectives and policies summarize the existing financial practices
of the City, and mirror those in other documents such as the financial reports and
Capital Improvement Plan.
P&Z Board Memorandum Sta eport
Recommendation to the City Commission Regarding the Transmittal of Comprehensive Plan Amendment 97-1
Page ! 1
INTERGOVERNMENTAL COORDINATION ELEMENT
The inventory and analysis sections describing the City's relationships 'with other
government entities have been changed to a tabular format for ease of reference.
Policy directives from other elements that require intergovernmental coordination are
identified as needs in this element. Two new objectives have been added that highlight
the importance of good coordination with other government agencies. These are:
Objective A-4
The City shall emphasize the intergovernmental coordination activities needed to
achieve the policies and programs identified in other elements of the Plan, as described
in the Needs and Recommendation section of this Element.
Objective A-5
The City shall seek to improve relationships with those entities with which coordination
problems have been identified.
By motion, recommend that the City Commission transmit to the Florida Department of
Community Affairs, proposed Comprehensive Plan Amendment 97-1, containing the
material in the staff report and attachment.
Attachment:
· Proposed Comprehensive Plan Amendment 97-1
S :PLANNIIDCOUM EI ADV ICOMP I9 71P Z1 .DOC
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF SEPTEMBER 9, 1997
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearings.
ll.A. City Manager's response to prior public comments and
inquiries.
There were no comments or inquiries from the public
which needed a response.
ll.B. From the Public.
There were no comments or inquiries from the public.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager stated that he had attended a
conference about sustainable communities on Friday, September 5,
1997. The first panel had several speakers who spoke about the
importance of neighborhood schools to sustainable communities and
how damaging it was to have to bus children long distances to
school. There was dialogue after the panel presentation and he
asked the question of the panel of what they proposed to do at
the state level to address this issue because the School District
could care less about the sense of community or the neighborhood
fabric. One School Board member immediately jumped up and said
that he was out of touch with reality. The City Manager informed
the School Board member that he has been dealing with this issue
for seven years now and knows what he is talking about. Two
other School Board members spoke to him later during a break and
were very defensive, accusing him of being very negative and not
helping to get anything done. There was one School Board member
who asked to meet with him at another time and have some further
discussion, so that may prove to be constructive in the long run.
The City Manager wanted the City Commission to be aware of this,
particularly since one of the School Board members called the
Mayor and demanded an apology. He further stated that in
thinking about it, he felt he was wrong to say that they didn't
care because that would be judging someone's motives and you
don't really know people's motives. However, he has seen the
results of the School Board's actions over many years.
The City Manager informed the Commission that he will
be leaving on Saturday, September 13th, to attend the City
Managers Conference and will also be taking a couple of days
vacation, so he will be away from the office next week.
Lastly, the City Manager announced that an election was
held today for white collar employees and, unfortunately, the
/
Union won. The VUnion got the same number of votes as they did
last time and it was a smaller turnout, so it looks like the
people who were opposed to it didn't turn out to vote. The
Manager stated that he will probably ask the City Commission for
an executive session (closed door) to talk about bargaining
strategy for this new union.
13.B. , City Attorney.
The City had no comments or inquiries.
13.C. City Commission.
13.C.1. Mr. Ellinqsworth asked if the City's lobbyist has been
contacted to see if the bill to impose a tax on cruise ship
tickets to provide perpetual funding for beach renourishment will
be reintroduced in the next legislative session?
In response, Mayor Alperin stated that he was in
Tallahassee for the last hearing on the bill and it was pretty
soundly defeated. The cruise ship industry has a very strong
lobby and such a bill would be an extremely difficult one to get
passed. However, other sources of funding are being pursued for
beach renourishment.
13.C.2. Mr. Randolph stated that he has been receiving a great
many calls and persona~ contacts in reference to the condition of
some of the City's ~treets, many of which are slated to be
resurfaced and/or repaired. He asked that everyone who is
involved in this process please try to expedite it as much as
possible.
Mr. Randolph also commented that the resurfacing of the
p~mnasium floor at Pompey Park needs to be done as soon as
ssible.
13.C.3. Mr. Egan stated/ that he has gotten some calls about
some of the restaurants Vdowntown which provide outdoor dining
areas. Many of these restaurants do not open until early evening
and during the day they are stacking their tables and chairs
outside and it is getting to look pretty sloppy. He asked if
there is an ordinance to cover this sort of thing (bringing the
tables and chairs inside at closing) or perhaps Code Enforcement
could take a look at the situation?
13.C.4. Mr. Schmidt stated that he had received a telephone
call earlier today from a lady who sounded as if she might need
some kind of welfare help. He passed the information on to the
City Manager and asked that his office contact her to see what
might be done or steer her to where she might get some help.
13.C.5. Mayor Alperin stated that he had received some mail
from the Mayor of Miyazu, Delray's Sister City, but only about
three of the approximate 20 to 30 pages are in English. The
2
Mayor asked Mr. Schmidt for help in translating the rest of the
correspondence.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:45 p.m.
3
To: David T. Harden~er
From: Joseph M. Saffor~ Director
Date: September 5, 1997
Subject: Water Rate Increase Effective October 1, 1997
The Finance Department requests that the water rates of the City be adjusted by 2% effective
October l, 1997 in order to fund the water/sewer operating and capital budgets as presented.
The rate increase will allow the City:
· to continue our "pay as you go" concept in the water/sewer utility avoiding costly bond issues
for construction projects
· to provide a $2,500,000 renewal & replacement transfer, representing 2.5% of water/sewer
assets (not including land), to fund major on-going maintenance programs including 2" line
replacement, rehab of intracoastal water line crossings, removal of corrosion and painting of
elevated water tank, water line upgrades and extensions to upgrade pressure and fire flows,
relocation of Military Trail water mains to accommodate Palm Beach County road project, and
rehab of our raw water wells
to provide $765,000 of new capital funds for new water lines to Bermuda Gardens Road,
upgrade of backwash pumps at the Water Treatment Plant, acquisition of land and
construction of a new chemical storage building, as well as providing protected shelter for our
portable emergency generators, and the installation of a double wall tank to store polymers
· to provide for a self-supporting operating budget with $0 coming from prior year surplus
which is importam for our bond credit ratings and financial stability
· to provide for the final installment of funds needed to replace our large meter inventory
with high accuracy, low flow meters
to provide preliminary funding to start our small meter replacement program which is to be
funded over an eight (8) year period to replace outdated meters with accurate automatic-read
meters
The ordinance has been prepared and is hereby submitted for your submission to the City
Commission.
ORDINANCE NO. 34-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,
"WATER", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER
RATES", SUBSECTION 52.34(B), TO PROVIDE FOR
INCREASED RESIDENTIAL, NONRESIDENTIAL AND
IRRIGATION RATES FOR FY 1997/98; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services,
the City Commission desires to more accurately reflect the payment
for services provided for the rendition of water services on a
prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 52,
"Water", Section 52.34, "Water Rates", subsection 52.34(B), of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
(B) Monthly rates. The monthly rates (except for fire
hydrants as set forth in Sec. 52.03) for water furnished by the water
facilities or plant of the City to customers within and outside the
corporate limits of the City, which unless otherwise indicated shall
include the appropriate customer charges, capacity charges, and
commodity charges for all customers, are fixed as shown in the
following schedule:
Inside Outside
Type of Customer City City
Residential
Customer charge
(per meter) $ ~/~ 1.61 $ ~/9~ 2.01
Capacity charge
(charged to all
customers, per
residential
dwelling unit) ~/~ 7.93 9/~ 9.91
Commodity charge
(all metered
consumption-per 1,000
gallons)
Zero to 3,000 gallons ~/~ 1.09 ~/~ 1.36
4,000 to 20,000 gallons ~/~ 1.20 ~/~ 1.50
21,000 to 35,000 gallons ~/~9 1.32 ~/~ 1.65
36,000 to 50,000 gallons ~/~ 1.43 ~/~ 1.79
Above 50,000 gallons ~/~ 1.64 ~/~ 2.05
Nonresidential and Irrigation
Customer charge
(per meter) $ ~/~ 1.61 $ ~/9~ 2.01
Capacity charge
(based upon
meter size):
3/4-inch meter ~/~ 7.93 9/~ 9.91
1-inch meter ~/~ 13 24 ~6/~ 16 55
1-1/2-inch meter ~/~9 26 41 ~/~ 33 01
2-inch meter ~/~ 42 27 ~/~ 52 84
3-inch meter 9~/~ 92 54 ~/~ 115 68
4-inch meter ~6~/~ 166 54 ~/~ 208 18
6-inch meter ~/~ 370 10 ~/~ 462 63
Commodity charge
(all metered
consumption-per 1,000
gallons) ~/~ 1.20 ~/~ 1.50
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective on
October 1, 1997.
- 2 - Ord. No. 34-97
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
- 3 - Ord. No. 34-97
To: David T. Harden, City Manager
From: Joseph M. Saff~ Director
Date: September 5, 1997
Subject: Sewer Rate Increase Effective October 1, 1997
The Finance Department requests that the sewer rates of the City be adjusted by 2% effective
October 1, 1997 in order to fund the water/sewer operating and capital budgets as presented.
The rate increase will allow the City:
· to continue our "pay as you go" concept in the water/sewer utility avoiding costly bond issues
for construction projects
· to provide a $2,500,000 renewal & replacement transfer, representing 2.5% of water/sewer
assets (not including land), to fund major on-going maintenance programs including inspection
and rehabilitation of intracoastal sewer line crossings, rehabilitation of deteriorated sewer
pumping facilities, conversion of "can" stations to low maintenance submersible pump
stations, rehabilitation of deteriorated sewer mains (sealing. lining, reconstruction, or
replacement), phase l] of the Highland Beach force main, rehabilitation of the Southeast
Interceptor main sewer line
· to provide $765,000 of new capital funds for new sewer lines to Bermuda Gardens Road,
installation of lining m existing 24" Intracoastal Waterway crossing and reconnection of east
and west ends to force mare manifol~to provide auxiliary raw sewage crossing line
· to provide for a self-supporting operating budget with $0 coming from prior year surplus
which is important for our bond credit ratings and financial stability
The ordinance has beoa prepared and is hereby submitted for your submission to the City
Commission.
ORDINANCE NO. 35-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130,
"USER CHARGES; WHOLESALE SEWER RATES; CALCULATION
OF SEWER SURCHARGE" SUBSECTION 53.130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL RATES FOR FY 1997/98;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services,
the City Commission desires to more accurately reflect the payment
for services provided for the rendition of sewer services on a
prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 53,
"Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer
Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
(D) The following rates and charges shall be collected
from the users of the City sewerage system:
(1) Residential dwelling units. A monthly sanitary
sewer service charge is imposed upon each residential dwelling unit,
as more specifically set forth hereinafter, to which sanitary sewage
service is available through the facilities afforded by the
municipally-owned sewerage system, according to the following
schedule:
Residential Inside City Outside City
(a) Customer charge $ ~/~ 1.61 $ ~/9~ 2.01
(b) Capacity charge
(per residential
dwelling unit) 9/~ 9.65 ~/~ 12.06
(c) Commodity charge
(based on metered
water with maximum
of 12,000 gallons):
City (per 1,000
gallons) ~/~ 1.17 ~/~ 1.46
South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) /~ 0.79 /9~ 0.99
NOTES: Where no water service is provided and the user is
connected to the sanitary sewer system, there shall be a monthly
customer charge of $5.00 per residential dwelling unit, and the
commodity charge shall be based on the maximum of 12,000 gallons.
This is in addition to the capacity charges as set forth above.
Where no water service is provided and the user is not
connected to the sanitary sewer system, and sewer service is
available for connection, there shall be a monthly customer charge of
$5.00 per residential unit and a capacity charge as set forth above.
(2) Nonresidential/co,,,~rcial units. A monthly
sanitary sewer service charge is imposed upon each commercial and
nonresidential unit to which sanitary sewage service is available
through the facilities afforded by the municipally-owned sewerage
system, according to the following schedule:
Nonresidential/Co~m~ercial Inside City Outside City
(a) Customer charge: $ ~/~ 1.61 $ ~/9~ 2.01
(b) Capacity charge
(per meter):
3/4-inch meter $ 9/~6 9.65 $ ~/~ 12.06
1-inch meter ~/~9 16.11 ~/~ 20.14
1-1/2 inch meter ~/~ 32.11 ~9/~ 40.14
2-inch meter ~/~9 51.40 ~/9~ 64.25
- 2 - Ord. No. 35-97
3-inch meter ~/~ 112.52 ~/~ 140.65
4-inch meter ~9~/~ 202.47 ~I~ 253.09
6-inch meter ~/~ 449.98 ~/~ 562.48
(c) Commodity charge:
City (per 1,000
gallons) ~/~ 1.17 ~/~ 1.46
South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) ~/~ 0.79 ~19~ 0.99
NOTE (1): For those nonresidential/commercial units where water
service is not available, and the user is connected to the
sanitary sewer system or sewer service is available for
connection, there shall be a monthly customer charge of $5.00 and
a capacity charge as set forth above. The commodity charge shall
be based on the average usage for the type of business or
nonresidential use.
NOTE (2): The customer charges and capacity charges as set forth
in this section shall be due and payable each and every month,
regardless of whether or not the water service is available or
the water meter is actually turned on or off and without regard
to usage or occupancy.
(3) Sewerage flow determination. The number of
gallons of monthly sewerage flow for residential and
nonresidential/commercial units shall be based upon the water
usage for those units as indicated by a water meter, unless a
customer installs at no cost to the City a separate meter to
measure the actual sewerage flow from the subject unit. A
separate meter may be used to measure actual sewerage flow for
the calculation of charges only when the location, installation,
and type of meter have been approved by the City Manager or his
designee.
(4) When effective. The initial rates for charges
shall be effective the first day of the month following the date
when the system is constructed, certified for use by the
consulting engineer, and accepted by the City.
- 3 - Ord. No. 35-97
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective on
October 1, 1997.
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
- 4 - Ord. No. 35-97
To: David T. Harden, City Manager
From: Joseph M. SafforC~~Director
Date: September 5, 1997
Subject: Sanitation Rate Increase Effective Oaober 1, 1997
The Finance Department requests that the collection rates for garbage, trash, recyclin~ vegetation
and bulk waste services provided by BFI be adjusted by 2.8% effective October l, 1997 in order to
fund the sanitation operating budgets as presented.
The contract between the City of Delray Beach and Browning Ferns Industries, Inc. allows for the
collection portion of our sanitation rates for both residential and commercial to be adjusted upward
or downward according to the Consumer Price Index. The current adjustment for the year starting
October 1, 1997 is 2.8%.
The contract also allows for an upward or downward adjustment to the disposal foe for commercial
container services according the changes made by the Solid Waste Authority. The Solid Waste
Authority has informed us that there will be no change in the per ton disposal foe charged to
haulers for the upcoming year and therefore no rate adjustment is required for disposal costs.
The revised ordinance has been prepared for submission to the City Commission.
ORDINANCE NO. 36-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR
INCREASED RESIDENTIAL SERVICE, MULTI-FAMILY AND
COMMERCIAL COLLECTION SERVICE RATES FOR FY 1997/98;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary and
appropriate to increase the collection rates for sanitation services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51,
"Garbage and Trash", Section 51.70, "Regular Charges Levied", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for
collection service:
Charges for the below-described collection service shall be
as follows and shall commence when a certificate of occupancy is
issued for any residential or commercial units, and shall
continue monthly thereafter unless service is discontinued in
accordance with Sec. 51.73:
(A) Residential Service (Single Family Homes, Duplexes,
Triplexes, Quadplexes and Mobile Homes)
Curbside Rollout Carts
Monthly Service Cost Per Unit
Garbage Collection $ ~/~ 2.58
Recycling ~/~ 1.44
Yard Trash ~/~ 1.34
Bulk Trash 9/~ 0.21
Total Fees - Contractor $ ~/~ 5.56
Cart Replacement 0.90
Administrative Fee 0.35
Franchise Fees (5%) ~/~ 0.28
Total Fees $ 6~9~ 7.10
ReardoorOwner Container
Monthly Service Cost Per Unit
Garbage Collection $ ~/~ 8.07
Recycling ~/~ 1.44
Yard Trash ~/~ 1.34
Bulk Trash ~/~ 0.21
Total Fees - Contractor $%~/~ 11.06
Administrative Fee 0.35
Franchise Fee (5%) ~f~ 0.55
Total Fees $~f6~ 11.96
Curbside Disposable Bags With Vegetative Waste and Bulk
Trash Pickup
Monthly Service Cost Per Unit
Garbage/Trash Collection $ ~/~ 1.59
Recycling ~/~ 1.24
Yard Trash ~/~ 1.34
Bulk Trash ~/~ 0.21
Total Fees - Contractor $ ~/~6 4.38
Administrative Fee 0.35
Franchise Fee (5%) ~/~ 0.22
Total Fees $ ~f~ 4.95
(B) Multi-Family Service
Multiple-family dwelling units containing five (5)
units or more shall use containers emptied by mechanical means,
except as otherwise approved by the City because of lack of
suitable space for a mechanical container or other good reason.
Multiple-family monthly fees shall include a container charge and
- 2 - Ord. No. 36-97
a per unit charge. If the amount of refuse generated requires
more than two (2) times per week collection, then the third (3rd)
and all subsequent collections shall be charged the commercial
collection rate only.
Multiple-Family Rates
Container Monthly Maintenance Charge
Total
Container Size Monthly Cost Franchise Fee Container Fees
2 yd. $19.40 $1.94 $21.34
3 yd. 21.44 2.14 23.58
4 yd. 22.21 2.22 24.43
6 yd. 25.53 2.55 28.08
8 yd. 27.09 2.71 29.80
Collection & Hauling Rate Per Unit
Monthly Service Monthly Cost Per Unit
Refuse Collection $~/~ 1.39
Recycling ~/~ 0.82
Total Per Unit Fee-Contractor $~/%~ 2.21
Administrative Fee 0.35
Franchise Fee (10%) ~/~ 0.22
Total Monthly Fees Per Unit $~ 2.78
(C) Commercial
(1) Commercial customers shall use mechanical
containers or rollout carts. Commercial customers shall include all
customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for
accumulation of refuse:
(a) Rollout carts. The City shall require any
commercial customer needing more than six (6) rollout carts to use
mechanical containers, if feasible.
(b) Mechanical containers.
- 3 - Ord. No. 36-97
(2) The owners/operators of commercial establishments
and other commercial customers shall accumulate such refuse in those
locations mutually agreed upon by the owner/operator and the City or
its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be
provided by the City or its contractor. These containers shall be
emptied on a schedule mutually agreed upon by the customer and the
City or its contractor, but not less than one day a week nor more
than six days a week.
(4) Commercial customers needing six (6) or less
rollout carts, and those approved for this type of service by the
City in advance because they lack a suitable location for a
mechanical container shall be serviced at least once per week.
All ~'garbage and commercial trash shall be collected from such
refuse containers at locations agreed to between the City or its
contractor and the customer. The charge shall be based upon the
following schedule:
Co,.,ercial Rates (Monthly)
Container
Size Container Pickup Frequency (Per Week)
Collection $ ~/~ $ ~/~ $
9.01 17.99 27.00 36.00 44.99 53.99
Disposal 13.35 26.69 40.04 53.39 66.73 80.08
Container
Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40
Total -
Contractor Fees $ ~/~ $ ~/~9 $ ~1~ $~l~ $~9l~9 $~l~
41.76 64.08 86.44 108.79 131.12 153.47
Franchise
Fees (10%) ~/~
4.18 6.41 8.64 10.88 13.11 15.35
Total Fees $ ~5~66 $ fl9~95 $ 9~ $~59 $~~ $~6~
45.94 70.49 95.08 119.67 144.23 168.82
- 4 - Ord. No. 36-97
3yd
Collection $
13.50 27.00 40.49 53.99 67.49 80.99
Disposal 20.02 40.04 60.06 80.08 100.10 120.12
Container
Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44
Total -
Contractor Fees $ ~/~ $ ~/~ $~/~ $~/~ $~/~
54.96 88.48 121.99 155.51 189.03 222.55
Franchise
Fees (10%)
5.50 8.85 12.20 15.55 18.90 22.26
Total Fees $ 6~5 $ 96~5~ $~9~ $~69~ $~5~9~ $~~
60.46 97.33 134.19 171.06 207.93 244.81
4yd
Collection $ 11l~ $ t~1~t $ ~11~1 $ 1~1~1 $ ~1l~ $I~1~t
17.99 36.00 53.99 71.98 89.99 107.98
Disposal 26.69 53.39 80.08 106.77 133.47 160.16
Container
Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21
Total -
Contractor Fees $ ~/~ $~/~ $~/~ $~9~/~ $~/~ $~/~
66.89 111.60 156.28 200.96 245.67 290.35
Franchise
Fees (10%) ~ %%~ %~ %9~9~ ~]~ ~
6.69 ~.~6 ~5.63 20.~0 ~4.~7 29.04
73.58 122.76 171.91 221.06 270.24 319.39
- 5 - Ord. No. 36-97
6yd
Collection $ ~/~6 $ ~/~ $ ~/~ $~1~ $~l~ $~1~6
27.00 53.99 80.99 107.98 134.98 161.97
Disposal 40.04 80.08 120.12 160.16 200.20 240.24
Container
Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53
Total -
Contractor Fees $ 9~/~ $~/~ $~/~ $~9~/~ $~/~ $~/~
92.57 159.60 226.64 293.67 360.71 427.74
Franchise
Fees (10%) 9~ ~ ZZ~ Zg~ ~ ~
9.26 15.96 22.66 29.37 36.07 42.77
Total Fees $~~ $~9~ $~6~ $~9~ $~9~ $~65~66
101.83 175.56 249.30 323.04 396.78 470.51
8 yd
Collection $ ~/~ $ ~/~ $~/~ $~/~6 $~/~ $~/~
36.00 71.98 107.98 143.98 179.96 215.96
Disposal 53.39 106.77 160.16 213.55 266.93 320.32
Container
Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09
Total -
Contractor Fees $~/~ $~/~
116.48 205.84 295.13 384.62 473.98 563.37
Franchise
Fees (10%)
11.65 20.58 29.51 38.46 47.40 56.34
Total Fees $~~ $~~ $~9 $~~
128.13 226.42 324.64 423.08 521.38 619.71
- 6 - Ord. No. 36-97
95-Gallon Cart Service
Pickups Per Week Monthly Charge* Franchise Fee Total Monthly Fee
1 $ ~/~ 26 64 $ ~/~ 2 66 $ ~/~ 27 30
3 $ ~/~ 78 56 $ ~/~ 7 86 $ ~/~ 86 42
4 $~/~6104 54 $~/~10.45 $~/~114 99
5 $~/9~130 49 $~/~913 05 $~/69143 54
6 $~/6~155 73 $~/~15.57 $~¢~/~9171 30
*These rates include collection and container maintenance fees.
NOTE: The foregoing rates are based on $23.00 per ton ($1.54 per
cubic yard), which is the anticipated Solid Waste Authority tipping
fee to be effective October 1, 1996.
(D) The charges set forth above for mechanical containers
and rollout carts shall accrue and be payable on the total
capacity of the container whether or not it is full. Containers
of the type and size designated by the City or provided by the
City's contractor shall be used.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective on
October 1, 1997.
7 - Ord. No. 36-97
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
- 8 - Ord. No. 36-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/~.- REGULAR MEETING OF SEPTEMBER 9, 1997
ORDINANCE NO. 37-97 (UTILITY TAX)
DATE: SEPTEMBER 5, 1997
This is first reading for Ordinance No. 37-97 which amends Chapter
50, "Utilities Generally; Public Service Tax", of the City Code by
increasing the utility tax. This is pursuant to direction from
the Commission at the August 5th regular meeting. A copy of the
minutes is attached. The increase (two-tenths of one percent) is
necessary to insure adequate funding of the Beautification Fund.
We recently learned that the 1997 Legislature amended the enabling
legislation for the Public Service Tax to only allow rate changes
on October 1, January 1, April 1 and July 1; and then require 120
days notice to the State Department of Revenue prior to
implementing any rate change. Therefore, this rate increase will
not become effective until April 1, 1998.
Recommend approval of Ordinance No. 37-97 on first reading. If
passed, a public hearing will be scheduled for September 23, 1997.
ref:agmemoll
The City Attorney stated that as of July 31, 1997, the
total amount of the liens and accrued interest is $1,646.50. The
offer to satisfy all the existing liens on the property at this
time is $1,000.00.
Mayor Alperin stated that the Commission has been
consistent in the past about not accepting less than what is owed
unless the property was being turned over for a municipal purpose
such as an affordable housing project.
Mr. Egan moved to deny the offer to satisfy liens
against property at 123 N.W. 10th Avenue, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mr. Egan
- Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin
- Yes. Said motion passed with a 4 to 0 vote.
Mr. Schmidt stepped back up to the dais.
9.E. REQUEST FOR FUNDING/CENTER FOR EMPLOYMENT TRAINING:
Consider a request from The Center for Employment Training for
funding of Delray Beach residents seeking to enroll in the CET
training program.
The City Manager stated that this request was received
because of some delays in the Center for Employment Training
getting other funding. From what we have been able to learn, CET
seems to be a very effective organization but this particular
type of program is something the City has not been involved in in
the past plus this is not the best time in the budget year to be
requesting funding. He noted that the Center for Employment
Training does have some other funding that looks as if it could
be made available, so at this time the staff recommendation is
that the funding request be denied. The Center has submitted a
request for a grant from the City out of the FY 1998 budget which
will be considered through the normal budget process.
Mr. Ellingsworth moved to approve the staff recommenda-
tion that the funding request be denied, seconded by Mr. Egan.
Upon roll call the Commission voted as follows: Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
9.F. FY 1998 BEAUTIFICATION FUND BUDGET: Consider alterna-
tive proposals for balancing the Beautification Fund.
The City Manager stated that it has been mentioned to
the Commission over the past few years that the Beautification
Fund would eventually run out of money. There are several areas
(Atlantic Avenue east of the Intracoastal Waterway, the 1-95
sound barrier wall, Lake Ida Road) where at some point in the
course of the next year the one year contractual maintenance will
end and the City will have to assume maintenance responsibility.
Based on estimates of these additional costs, the Beautification
Fund as presented in the proposed FY 98 budget shows a deficit of
-8- 8/o5/9?
about $100,000. To deal with this problem, the City Manager had
presented three options. The first option is to shift enough
areas to the General Fund to balance the Beautification Fund and
cover the cost by cutting back other General Fund programs. This
means that maintenance would essentially be paid for out of
property taxes and we would have to find another $100,000 to cut
out of the General Fund. A second option is to shift enough
areas to the General Fund to balance the Beautification Fund and
direct Parks and Recreation to do the best they can with the
resources they have. The City Manager felt that this option
would result in rapid deterioration in the appearance of many
public areas of the city. The Parks Maintenance staff already
has difficulty keeping up with their workload. The third option
and the one recommended by the City Manager is that the Commis-
sion consider increasing the utility tax by two-tenths of one
percent (from 9.5% to 9.7%) and adding that to the Beautification
Trust Fund so that the Trust Fund would be getting 1.2% instead
of just 1%. The bond issue for the initial beautification is
about ten years old so there are about ten more years before that
would be paid off. At the time it is paid off, it is probable
the utility tax could be reduced some. It is growing on an
annual basis as the City grows and hopefully that growth would
keep pace with cost increases over the years. Another option is
to let the Fund run a deficit this year but that just postpones
the problem. In terms of how this increase would affect the
public, for someone who has an average electric bill of $300 per
month, it would cost them an extra 60 cents a month.
Mr. Randolph stated that he feels the City needs to
look closely at future beautification projects to ensure that
sufficient funding will be available for maintenance. The Parks
and Recreation crews are trying very hard to keep up with all of
the maintenance, but there are some areas that need closer
attention if they are going to be maintained properly. Mr.
Randolph stated he would support option #3, the utility tax
increase, if it will get us to where we can keep the City looking
good.
It was the consensus of the Commission to support
option #3, the utility tax increase. The City Manager stated
that the appropriate ordinance to amend the utility tax would be
brought back as part of the budget package.
9.~. FY 1998 GENERAL FUND BUDGET/STATUS REPORT.
The City Manager gave the following status report. The
budget is balanced. It has set aside in it $150,000 for the
Commission to deal with the requests from the Library, Old School
Square and Pineapple Grove. One possibility is for both Old
School Square and Pineapple Grove to receive the full amount
requested, $60,000 and $30,000 respectively, with the remaining
$60,000 going to the Library which would increase their budget by
ten percent. He noted that he had provided to the Commission an
analysis of the Library budget and what they propose to do with
9 a/05/9
ORDINANCE NO. 37-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50,
"UTILITIES GENERALLY; PUBLIC SERVICE TAX",
SUBHEADING "PUBLIC SERVICE TAX", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 50.15, "LEVY OF TAX", TO INCREASE THE
UTILITY TAX FOR THE PURPOSE OF FUNDING THE CITY'S
BEAUTIFICATION PROGRAM; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the Beautification Fund was established for the
purpose of financing capital and operating expenses incurred in
projects for the beautification of the public rights-of-way within
the City and the maintenance of such beautification projects; and
WHEREAS, the City's Beautification Program is funded
through the levy of a utility tax; and
WHEREAS, the City Commission has determined that it is
necessary and appropriate to increase the utility tax to insure
adequate funding of the Beautification Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section t. That Title V, "Public Works", Chapter 50,
"Utilities Generally; Public Service Tax", Subheading "Public Service
Tax", Section 50.15, Levy of Tax", of the Code of Ordinances of the
City of Delray Beach, be, and the same is hereby amended to read as
follows:
Section 50.15 LEVY OF TAX.
(A) Electricity and Gas.
(1) (a) The City hereby levies a tax on the purchase
of electricity and metered or bottled gas (natural liquefied
petroleum gas or manufactured). The tax shall be levied only upon
purchases within the City in the amount of ~/~ 8.7% of the payments
received by the seller of the taxable item from the purchaser for the
purchase of metered or bottled gas (natural liquefied petroleum gas
or manufactured), and in the amount of 9/~ 9.7% of the payments
received by the seller of the taxable item from the purchaser for the
purchase of electricity.
(b) For each residential dwelling unit, the
first 90 kilowatt hours of electricity purchased each month for
residential use shall be exempt from the tax levied by this
subsection.
(c) This tax shall not be applied against any
fuel adjustment charge, and such charge shall be separately stated on
each bill. The term "FUEL ADJUSTMENT CHARGE" means all increases in
the cost of utility services to the ultimate consumer resulting from
an increase in the cost of fuel to the utility subsequent to October
1, 1973.
(d) This tax shall in every case be paid by the
purchaser, for the use of the City, to the seller of such electricity
or gas at the time of paying the charges therefor to the seller
thereof, but not less often than monthly.
(2) To the extent such sums are not otherwise
required to meet current or future utility tax certificate bond
covenants, and/or debt service on same, that portion of the revenues
attributable to the increase in the tax from 7.5% to ~J~ 8.7% shall
be transferred monthly to the City of Delray Beach Beautification
Program, to be used for capital and operating expenses incurred in
projects for the beautification of the public rights-of-way within
the City and the maintenance of such beautification projects. Any
revenues transferred to such Fund in excess of Fund expenditures in
any fiscal year shall be retained and reappropriated in the Fund in
the next fiscal year, such use being subject to the prior lien
enjoyed by the holders of outstanding and future parity obligations
of the City secured by the utility services tax of the city.
(3) Services competitive with those enumerated in
division (A) (1) above or in division (B) shall be taxed on a
comparable base at the same rates. However, because this City
imposes a tax which is less than the maximum rate of 10%
allowable by F.S. Section 166.231(1), the maximum tax on fuel oil
shall bear the same proportion to $.04 per gallon which the tax
rate of ~/~ 8.7% levied under division (A) (1) (a) bears to the
maximum rate of 10% allowable by F.S. Section 166.231(1).
(4) The purchase of natural gas or fuel oil by a
public or private utility, either for resale or for use as fuel in
the generation of electricity, or the purchase of fuel oil or
kerosene for use as an aircraft engine fuel or propellant or for
use in internal combustion engines is exempt from taxation
hereunder.
- 2 - Ord. No. 37-97
(5) The City hereby exempts from taxation hereunder
the purchase of the taxable items by the United States Government,
this state, or any other public body as defined in F.S. Section 1.01
and shall exempt purchases by any recognized church in this state for
use exclusively for church purposes.
(6) The tax authorized hereunder shall be collected
by the seller of the taxable item from the purchaser at the time of
the payment for such service. The seller shall remit the taxes
collected to the City in the manner prescribed by this
subchapter.
(7) The City shall notify in writing any known seller
of items taxable hereunder of any change in the boundaries of the
city or in the rate of taxation. All qualifying businesses, as
defined in F.S. Section 212.08(15) located within the City's
enterprise zones shall be exempt from the payment of 50% of the
City tax on the purchase of electricity, as permitted by F.S.
Section 166.231(8).
(B) Telecommunications Services.
(1) Definitions. For purposes of this division (B),
the following definitions shall apply:
(a) "PURCHASE." Every act or transaction
whereby possession or utilization of, or control over taxable
telecommunications services become vested in the purchaser within the
City for which payment is made pursuant to a duty and obligation
therefor. However, such term shall not pertain to, nor include any
such act or transaction when undertaken or performed by an agency or
instrumentality of the United States Government, the State of
Florida, the county, a municipality, or a recognized church in the
state if used exclusively for church purposes; nor shall such term
apply to purchases of local telephone service or other
telecommunication service for use in the conduct of a
telecommunications service for hire or otherwise for resale.
(b) "PURCqA~gER.', Every person legally liable
for the payment of taxable telecommunication services rendered to him
by a seller, unless such person is an agency or instrumentality of
the United States Government, the State of Florida, the county, a
municipality, or a recognized church in this state using taxable
telecommunication services exclusively for church purposes, or a
purchaser of local telephone service or other telecommunication
services for use in the conduct of a telecommunication service for
hire or otherwise for resale.
- 3 - Ord. No. 37-97
(c) "PLTRC~ASE WITI4IN THE CITY." A purchase is
within the City if the communication originates or terminates within
the City and is billed to a purchaser, telephone or telephone number,
or telecommunications number or device within the City.
(d) "SETJ.RR." Every person rendering taxable
telecommunications services to any purchaser thereof.
(e) "TAXABLE TELECOMMLTNICATION SERVICES."
Purchases within the City of telecommunication services which
originate and terminate in this state. However, if the location of
origination and termination of telecommunication service cannot be
determined, the taxable telecommunication service shall be the total
amount billed to a telephone or telephone number, telecommunication
number or device, or a customer's billing address located within the
City. Such taxable telecommunication services shall not include
public telephone charges collected on site, charges for any foreign
exchange service or any private line service except when such
services are used or sold as a substitute for any telephone company
switch service or dedicated facility by which a telephone company
provides a communication path, access charges, and any customer
access line charges paid to a local telephone company. Purchases
within the City of telecommunication services as defined in F.S.
Section 203.012(5) (b) shall be taxed only on the monthly recurring
customer service charges, excluding variable usage charges.
(F.S. Section 166.231(9) (a) (2))
(2) Levy of Tax. There is hereby levied and imposed
by the City, upon every purchase in the City of taxable
communications and services and competitive services, a public
service tax which shall be determined as follows:
(a) The tax shall be levied only upon purchases
within the City in the amount of seven percent (7%) of the payments
received by the seller of the taxable telecommunications services
from the purchaser for the purchase of such service within the City.
Services competitive with those enumerated above shall be taxed on a
comparable base at the same rates.
(b) When the seller, in accordance with its
rules and regulations, renders a bill to the purchaser to cover
purchases made during the period of time to which the bill is
applicable, the amount of public service tax shall be exclusive
of governmental charges and taxes shown on such purchases for the
total amount.
- 4 - Ord. No. 37-97
(c) The seller is required and it shall be his
duty to render to the purchaser bills coYering all such purchases
made. The amount of such public utility tax shall be entered and
shown by the seller as a separate item on each such bill and
shall become due and payable to the City whenever the bill
becomes due and payable under the rules and regulations of the
seller, provided and to the extent that such bills are
subsequently paid.
(d) The purchaser is required and it shall be
his duty to pay such public utility tax to the seller as agent for
the City at the time of the payment of each such bill. The seller is
hereby authorized and required and it shall be his duty to collect
such public utility tax from the purchaser at the time of the payment
of each bill and to remit the same to the Finance Department of the
City in accordance with the provisions hereinafter stated.
(3) Exemptions. Purchases of the taxable
telecommunications services by the United States Government, the
State of Florida, the county, a municipality, any recognized
church in this state if used exclusively for church purposes, and
purchases of local telephone service or other telecommunication
service for use in the conduct of a telecommunication service for
hire or otherwise for resale are exempt from taxation under the
terms of this division (B).
(4) Seller Compensation. For the purpose of
compensating the seller of taxable telecommunications services, such
seller shall be allowed one percent (1%) of the amount of the tax
collected for such taxable telecommunication services and due to the
City in the form of a deduction from the amount collected for
remittance. The deduction is allowed as compensation for the keeping
of records, collection of the tax, and remitting the tax.
(5) Remittance of Tax to the City by Seller. Every
seller is hereby required to execute and file not later than the
twentieth day of each calendar month of the year at the office of
the Finance Department of the City a statement setting forth the
amount of the public utility tax on taxable telecommunication
services to which the City became entitled under the provisions
hereof an account of bills paid by purchasers during the
preceding fiscal month, and contemporaneously with the filing of
such statements, shall pay the amount of such public utility tax
on taxable telecommunications services to the Finance Department
of the City.
- 5 - Ord. No. 37-97
(6) Records to be Kept. Every seller is hereby
required to establish and maintain appropriate accounts and records
of the tax herein imposed as prescribed and required by the Federal
Communications Commission and the Public Service Commission. The
City may audit the records of any provider of telecommunications
service taxable by the City; each such provider shall provide to the
City, upon sixty (60) days' written notice, access to all applicable
records for such telecommunications service. In an audit, the
telecommunications service provider shall be liable only for its
taxable accounts collected corresponding to the information provided
to it by the municipality. However, notwithstanding the provisions
of F.S. Section 119.14, any information received by the City in
connection with such an audit shall be confidential and not subject
to the provisions of F.S. Section 119.07(1). This exemption is
subject to the Open Government Sunset Review Act in accordance with
F.S. Section 119.14
(7) Beautification Pro, ram. That portion of the
revenues which would have been attributable to any increase from 7.5%
to ~/~ 8.7% in the utility tax on local telephone service previously
provided in division (A) of this section shall be earmarked and
transferred monthly to the City Beautification Program, to be
utilized for the purposes set forth in division (A) (2) of this
section.
(8) The City shall provide to a telecommunications
service provider who is responsible for collecting the tax, upon its
request, a printed alphabetical listing of all street names,
including block numbers and street numbers for streets which cross or
form city boundaries within the City for use by the provider of the
telecommunications service in calculating the proper amount of tax
payable to the City. The City shall be responsible for updating this
listing as changes occur and providing this information to the
telecommunications service provider. The provider, in turn, shall be
responsible for charging the tax only to service and billing
addresses contained in this listing. The City shall be entitled to
collect a fee not to exceed the actual cost of providing the
information to the telecommunications service provider requesting it.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
- 6 - Ord. No. 37-97
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be
invalid.
Section 4. That this ordinance shall become effective
on October 1, 1997.
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
- 7 - Ord. No. 37-97
~ARTMENT OF PLANNINO AND ZONINO .... ' ~ ~ lqlq
SUBJECT: SEPTEMBER 9, 1997
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF
(COMMUNI~ FACILITIES) FOR PROPER~ LOCATED ON THE WEST SIDE
OF SW 1ST AVENUE APPROXIMATELY 140 FEET NORTH OF SW 2ND
STREET.
The notion requested of ~he Oily Oommission is ~hn~ of n~rovnl on firs~ rending of nn
ordinnnae rezoning n 0.224 note Dnroel of Innd from ~ (~edium DensiW ~esideminl)
~o OF (Oommuni~y Fnailifies) for ~. Pnul's Episoopnl Ohuroh.
The subject prope~y is Ioonted on ~he wes~ side of ~ 1st Avenue npproximn~ely ~40'
no~h of ~ 2nd
The proposnl inaorporn~es ~he sou~h hnlf of Lo~ 15 nnd nil of Lo~ 1~: Dlook 54 of
resubdivision of ~he sou~h hnlf of Dloak 54, Town of Delrny. The subjea~ prope~y is vnann~.
The rezoning is requested ~o nooommodn~e n 24 spnae pnrking Io~ to be utilized for ove~low
pnrking nssoain~ed wi~h ~. Pnul's Episoopnl Ohuroh. Addifionnl bnokground nnd nn nnnlysis of
~he reques~ is found in the n~nahed Plnnning nnd Zoning Donrd ~nff
A~ i~s meeting of Augus~ 18, lgg7, ~he Plnnning nnd Zoning ~onrd held n public henring in
oonjunafion wi~h review of the rezoning. There wns no publia ~esfimony. A~er reviewing
s~nff reDo~, ~he Donrd vo~ed ~-1 (~oOn~hy dissenting) ~o reaomm~nd ~hn~ ~he rezoning
be npproved, bnsed upon positive findings wi[h respeo~ ~o policies of ~he Oompmhensiv~ Plnn,
Ohnp~er ~ (Pe~ormnnae ~nndnrds}: nnd ~eafion 2.4.5(D}(5) of ~he Lnnd Developmem
~guln~ions.
~y motion, npprove on first rending ~he ordinnnae for ~he rezoning from ~ (~edium DensiW
~esidenfinl} ~o OF (OommuniW Fnoilifies) bnsed upon Dosifive findings wi~h r,spec~ ~o poliaies
of ~he Oompreh~nsive Plnn, Ohnpter ~ (P~ormnnae ~nndnrds}, ~eation 2.4.5(D)(5} of
Lnnd Developmen~ ~egulnfions, nnd se~ing n publia henFing dn~e of ~ep~ember 2~, ~ gg7.
A~nahmems:
* P~Z ~[nff Repa~ nnd Doaumen[ntian of August 18, lgg7
. Ordinnnae by
ORDINANCE NO. 38-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W.
1ST AVENUE, APPROXIMATELY 140 FEET NORTH OF S.W.
2ND STREET, AS MORE PARTIC~LY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned RM Medium Density Residential) District;
and
WHEREAS, at its meeting of August 18, 1997, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
The South half of Lot 15 and all of Lot 16, Block
54 of the Resubdivision of the South Half of Block
54, in the Town of Delray, according to the Plat
thereof on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, in Plat Book 11, Page 2.
The subject property is located on the west side of
S.w. 1st Avenue, approximately 140 feet north of
S.W. 2nd Street; containing 0.224 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of September, 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 38-97
TENNIS OLD
STADIUM SCHOOL
SQUARE
GC ATLANTIC OS AVENUE
POLICE SOUTH
COMPLEX COUNTY
COURT [ i
HOUSE
s.w. 1sT ST. S.E.
ST. PAUL"S
EPISCOPAL
S.W. 2ND ST. S.E. 2ND
s.w. 5RD ST. S.E.
MERRI TT
PARK
$
$.W. 4TH S.E. ST.
DRUG ABUSE FOUNDATION
OF
PALM BEACH COUNTY
N - REZONING -
~ ST. PAUL'S EPISCOPAL CHURCH PARKING LOT
PLANNING DEPART}lENT
C3TY 0~' D~:LRAY B[ACH, [ri. FROM: RM (MEDIUM DENSITY RESIDENTIAL) TO: CF (COMMUNITY FACILITES)
-- O/G/TN. 8,~£ Id,4P SY~T£M -- MAP REt: LM~68
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 18, 1997
AGENDA ITEM: V.A.
ITEM: Rezoning from RM (Medium Density Residential) to CF (Community
Facilities) for the establishment of a parking lot associated with St. Paul's
Episcopal Church, located on the west side of S.W. 1st Avenue,
approximately 120 feet north of S.W. 2nd Street.
CENTER
TENNIS
ATLANTIC AVENUE
GENERAL DATA:
I COUNTY
Owner ........................................ Delray Beach Community
Redevelopment Agency
Applicant .................................... St. Paul's Episcopal Church
Agent ......................................... Dr. E. Monroe Farber
Location ..................................... West side of S.W. 1st
ft. north of S.W. 2nd Street
Property Size ............................. 0.224 Acre
Future Land Use Map ................ Medium Density Residential
Current Zoning .......................... RM (Medium Density
Proposed Zoning ....................... CF (Community Facilities)
Adjacent Zoning ............... North: RM
East: CF
South: RM
West: RM
Existing Land Use .................... Vacant.
Proposed Land Use ............ : ...... Rezoning from RM to CF to
accommodate a parking lot
associated with an existing
church.
Water Service ............................ n/a~~~~~~-'~ _~o~u~?
Sewer Service ........................... n/a
CITY
The action before the Board is making a recommendation to the City
Commission on a rezoning request from Multiple Family Residential
(Medium Density) (RM) to Community Facilities (CF) for St. Paul's
Episcopal Church.
The subject property is located on the west side of SW 1st Avenue,
approximately 120 feet north of SW 2nd Street, and contains
approximately 0.224 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review
and make a recommendation to the City Commission with respect to
rezoning of any property within the City.
The subject property is a vacant 0.224 acre parcel of land which consists of the south
half of Lot 15 and all of Lot 16, Block 54 of the resubdivision of the south half of Block
54 Town of Delray.
The parcel was zoned Multiple Family Residential-6 units per acre (RM-6) until it was
rezoned to Multiple Family Residential (RM) with the Citywide Rezoning associated with
the adoption of the Land Development Regulations in 1990.
The development proposal is to rezone the south half of Lot 15 and all of Lot 16 Block
54, from Multiple Family Residential (Medium Density) (RM) to Community Facilities
(CF). The rezoning is requested to accommodate a 24 space parking lot to be utilized
for overflow parking for St. Paul's Episcopal Church. The attendant sketch plan
indicates that the parking lot will be enclosed by a 6' high chain link fence along the
north, south and west property lines, and a 4' high chain link fence containing two 12'
wide rolling gates along the east property line.
REQUIRED FINDINGS: (Cha_oter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
P & Z Board Staff Report ,
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 2
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use Map designation for the subject property is Medium
Density Residential 5-12 du/ac. The requested zoning change is from Multiple
Family Residential (Medium Density) (RM) to Community Facilities (CF). The
proposed zoning designation of CF is consistent with the Medium Density Future
Land Use Map designation. Pursuant to the purpose statement for the CF
zoning [Section 4.4.21(A)], the CF district is deemed compatible with all land
use designations shown on the Future Land Use Map. Further, Section
4.4.21(B)(5) within the CF district churches are listed as a permitted use, and
parking lots are allowed as an accessory use. Based upon the above, positive
findings can be made with respect to consistency with the Future Land Use Map.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The stated purpose of the rezoning is to accommodate an off-site 24 space
parking lot which is associated with an existing church. The use (a parking lot)
will not have an impact on services with respect to water, sewer, solid waste,
parks, and open space. Concurrency with respect to drainage is better
addressed during the site plan approval process.
Pursuant to LDR Section 2.4.5(D)(2), with all rezoning requests, traffic
information is required which addresses the development of the property under
reasonable intensity pursuant to the existing zoning and the proposed zoning.
As traffic generation rates are based on building square footages and the
proposal is for the construction of a parking lot, no additional trips will be
generated.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall
consistency.
P & Z Board Staff Report'~,'
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 3
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Land Use Element Ob_iective A-J: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs.
The subject parcel is a vacant residential lot that has no physical features that
require special consideration. The construction of a parking lot on the subject
property will help to eliminate the church's overflow parking on the adjacent
rights-of-way, thereby decreasing the impact of the church on nearby properties.
Compatibility is discussed further in the section below.
Section 3.3.2 (.Standards for Rezoning Actions): The applicable performance
· standards of Section 3.3.2 and other policies which apply are as follows:
A) That a rezoning to other than CF within a stable residential area shall be
denied.
The subject property is located within a "Rehabilitation and Revitalization" area
and not within a neighborhood classified as "Stable" in the Housing Element of
the Comprehensive Plan. Additionally, the request is for a rezoning to CF
thereby meeting the above standard.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The subject property is bordered on the north, south and west property lines by
RM zoning and to the east by CF zoning. The existing land uses are residential
dwellings to the south and west, a vacant residential lot to the north, and the
church to the east. Site specific compatibility of the proposed parking lot with the
adjacent residential uses will be mitigated through the following LDR
requirements. These include:
Pursuant to CF district Section 4.4.21(H) Special Regulations, when this zone
district is adjacent to residential zoning, the perimeter landscape area should be
15'; or, as an alternative either a wall, decorative fencing or hedging should be
installed for aesthetic and buffer purposes.
Pursuant to the Landscape Regulations Section 4.6.16(H)(3)(e), where any
commercial or industrial area abuts a residential zoning, one tree shall be
planted every 25' to form a solid tree line.
P & Z Board Staff Report )
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 4
The attendant sketch plan indicates that as an alternate, a 5' perimeter
landscape strip will be provided containing a fence, continuous hedge and trees
30' on center. It is noted that the trees will need to be spaced 25' on center to
meet the above code requirement and the hedge should be increased to 4 1/2' in
height at the time of planting to further buffer the parking lot from the adjacent
residential uses. These requirements will be addressed through the site plan
review process for the parking lot.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which states the following:
"The existing facilities are across the street (east) and zoned Community
Facilities (CF). The impact of this 24 space parking facility wi//be minima/with
consideration of its week-end use and the existing parking facility. It is sim#ar in
intensity as neighboring properties - in certain circumstances, less intense.
Medium density residential use would generate more activity on a daily basis. Its
proximity to the church and the County Courthouse Comp/ex, as well as
apartment comp/exes and OSSHAD zoned properties create the
appropriateness of this request."
Comment: The justification statement seems to address Item "c" as the basis for which
the rezoning should be granted. The CF zoning can be considered of similar intensity
as allowed under the Future Land Use Map, and more appropriate for the property
given the proximity to the church and its proposed use as overflow parking.
P & Z Board Staff Report ")
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 5
Com_Dliance with Land Development Regulations:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
applicationlreq uest.
LDR Section 4.3.4(K) Development Standards Matrix:
The site's improvements, as proposed in the sketch plan, will meet or exceed all
requirements of this section.
LDR Section 4.4.21(H)CF District Special Regulations:
As discussed earlier in this report, when this district (CF) is adjacent to residential
zoning, the perimeter landscape area should be increased to 15'; or, as an alternative,
either a wall, decorative fencing, or hedging should be installed for aesthetic and
buffering purposes. The sketch plan indicates that a fence, trees 30' on center and a
continuous hedge are proposed along the property lines abutting residential uses. The
trees however, will need to be spaced 25' on center and the hedge installed at the
height of 4 1/2 feet at time of planting.
LDR Section 6.1.3 Sidewalks:
Currently, no sidewalks exist along either sides of SW 1st Avenue. Installation of a 5'
wide sidewalk will be required within SW 1st Avenue right-of-way adjacent to the
subject property. In addition to the above, an internal sidewalk from the church's
property dead-ends into to SW 1st Avenue (north of the off-site parking lot). This
sidewalk should be extended south along the church's property to SW 2nd street, or at
least to the south end of the proposed parking lot to provide pedestrians a path from the
parking lot to the entrance of the church. This item can further be addressed with the
submittal of the site plan.
LDR Section 4.6.16 Landscaping:
Landscape plans were not submitted with the application, however will be required with
the submittal of the site plan at which time they will be reviewed.
The rezoning is not in a geographic area requiring review by the HPB (Historic
Preservation Board). However, since the church is located in the Old School Square
Historic District, HPB reviewed the rezoning at its meeting of August 6th. While the
Board was in favor of the rezoning and recommended approval, they felt that the
parking lot should be sod on a stabilized surface which would be more compatible with
P & Z Board Staff Report ",'~
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 6
the surrounding residential neighborhood. This issue can be discussed further with the
site plan approval process.
At its meeting of August 7th, the CRA (Community Redevelopment Agency) reviewed
the development proposal and unanimously recommended approval of the rezoning.
The rezoning is not in a geographic area requiring review by the DDA (Downtown
Development Authority).
Courtesy Notices:
A Courtesy Notice was sent to Old School Square Homeowner's Association.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The rezoning from RM to CF is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. Also, positive findings can be
made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the CF zoning is of
similar intensity as allowed under the Future Land Use Map, and that it is more
appropriate for the property based upon circumstances particular to the neighborhood.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to CF for St. Paul's
Episcopal Church parking lot, based upon positive findings with respect to
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning
Actions), and Section 2.4.5(D)(5) of the Land Development Regulations, and
policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request from RM to CF for St. Paul's
Episcopal Church parking lot, based upon a failure to make positive findings with
respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning does not
fulfill one of the reasons for which a rezoning should be sought.
P & Z Board Staff Report '.') )
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 7
Recommend approval of the rezoning request from Multiple Family Residential
(Medium Density) (RM) to Community Facilities (CF) for St. Paul's Episcopal Church
parking lot, based upon positive findings with respect to Section 3.1.1 (Required
Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) of
the Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
Location/Zoning Map
Survey
Site/Sketch plan
Report prepared by: Janet Meeks. Senior Planner
£1T¥ DF OELRFt¥
Writer's Direct Line: (561) 243-7090
DFLRA¥ BFACH
DATE: August 13, 1997
]99}
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~['~
SUBJECT: Municipal Beach Legal Description - Section 101.15 Code of Ordinances
The current legal description for the municipal beach includes all of the beach from
Casuarina Road on the south to Beach Drive on the north. The City owns additional
property north of Beach Drive east of A-1-A. The parcels owned by the City are
described as follows:
That part of Lots 11 to 13 lying east of SR A1A, as
described in a replat of part of Segers Addition recorded
in Plat Book 16, Page 82, Palm Beach County records;
and,
That part of Lots 9 and 10 lying east of SR A1A, as
described in a replat of part of Segers Addition recorded
in Plat Book 16, Page 89, Palm Beach County records;
and,
The part of Lots 4 to 7, block E and the south 10 feet of
lot 3, Block E, all lying east of SR A1A, as described in
the Revised Plat of Blocks D & E, Palm Beach Shore
Acres, recorded in Plat Book 7, Page 38, Palm Beach
County records.
The attached map illustrates the parcels owned by the City.
The proposed ordinance would include the above-described parcels in the definition of
"municipal beach." By including these parcels in the definition, any alleged ambiguity
related to what property is included in the "municipal beach" could be clarified.
ORDINANCE NO. 39-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101,
"PARKS, BEACHES, AND RECREATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE
INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED
NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-I-A,
AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE
MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 101.15 of the City Code provides for
definitions as it pertains to municipal beaches, parks and recreation
sites within the City; and
WHEREAS, the City acquired additional beach property north
of Beach Drive and east of State Road A-1-A since the last amendment
to the definition of Municipal Beach in 1979; and
WHEREAS, the City Commission of the City of Delray Beach
desires to certify the boundaries of the municipal beach and to
incorporate the additional property within the definition of
"Municipal Beach"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
101, "Parks, Beaches and Recreation", Section 101.15, "Definitions",
of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES
Section 101.15 DEFINITIONS.
For the purpose of this subchapter the following
definitions shall apply unless the context clearly indicates or
requires a different meaning.
"MUNICIPAL BEACh". All the fractional east half of Section
16, Township 46 South, Range 43 East toqether with that part of Lots
9, 10, 11, 12 and 13 lyinq east of SR A1A, as described in a replat
of part of Seqers Addition, recorded in Plat Book 16, Paqe 89, Palm
Beach County records~ and that part of Lots 4, 5, 6 and 7, Block E
and the south 10 feet of Lot 3, Block E, as described in the Revised
Plat of Blocks D & E Palm Beach Shore Acres, recorded in Plat Book 7,
Paqe 38, Palm Beach County records, all lying east of the east curb
of State Road A1A (Ocean Boulevard), including the waters of the
Atlantic Ocean within the boundaries of this city.
"PARK". Any land owned or controlled by the city under the
management and administration of the Parks and Recreation Department
and devoted primarily to outdoor recreation activities.
"RECREATION SITE". Any facility, except a park, owned or
controlled by the city, under the management and administration of
the Parks and Recreation Department and devoted primarily to indoor
recreation activities.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 39-97
OO~CHE S rER
ATLANTIC AVENUE ~1~
' 'i~ ~ i
[lTV JIF DELRRV BERTH
CITY ATTORNEY'S OFFICE ~o~,.~w ~ ^v~.~. ~,~,~ ~^~.,..o.~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
AII.Amrka C~ MEMORANDUM
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: General Employees Pension Plan Amendment
The attached summary outlines the changes in the General Employees Pension Plan.
The changes are made to comply with Federal law in the area of age discrimination,
federal limits on pension benefits, to clarify the normal benefit form for married and
non-married participants and to clarify that the minimum benefit of $400 is prorated
equally if there are multiple beneficiaries.
The City's actuary has determined that the changes will not have an actuarial impact. If
you have any questions, please call.
By copy to David Harden, City Manager, our office requests that this ordinance be
placed on an appropriate City Commission agenda.
Attachments
cc: David Harden, City Manager t "~,.~ ''0
Alison Harty, City Clerk q[qlq
Joe Safford, Finance Director
Ned Gusty, Human Resources Director
GABRIEL, ROEDER, SI~IITH & COHPANY
Consultants & Actuaries
West Broward Professional Bldg.· 7320 Griffin Rd. · Suite 200 * Ft. Lauderciale, FL 3,3314 · 954-791-5888 · FAX 954-791-8208
May 20, 1997
Mr. Joseph M. Safford
Director of Finance
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Re: General Employees Pension Plan
Dear Joe:
We have reviewed the proposed ordinance attached to your letter of April 21, 1997. The changes set
forth in the ordinance will have no effect on the way we value the Plan's benefits. Such changes will,
therefore, have no actuarial impact on the Plan.
We note that one item removes the 100% of pay limitation previously imposed by Section 415 of the
Internal Revenue Code. As a matter of information, Section 112.65(].), Florida Statutes contains a
similar 100% limitation for those who become participants of the Plan after 3.979.
Please contact us if there are any questions.
Sincerely yours,
J. Stephen Palmquis~
JSP/or
SUMMARY OF PROPOSED ~~NT TO
GENERAL EMPLOYEES' RETIREMENT PLAN
(7/30/97)
Section 1
Normal Retirement Income: Clarifies Section 35.097(A) to
provide that the normal benefit form for a participant who is not
married at the time of retirement is a single life annuity. The
normal benefit for married participants is a monthly benefit paid
to the participant for life, with the same monthly amount paid to
the participant's spouse for one year after the participant's
death, and 60% of that amount until the spouse's death or
remarriage. If a participant is not married at the time of
retirement and later marries, the spousal benefit will not apply
unless the participant requests an actuarially adjusted benefit.
Disability Retirement: Removes age-based limitations on
disability benefits, and provides that participants who become
disabled at age 60 or less shall receive disability benefits until
age 65, and those who become disabled after age 60 shall receive
disability benefits for 5 years, at which time normal retirement
benefits will commence. Section 35.097(C) currently provides that
a participant can not have reached normal retirement age (age 60
with 10 years of service) to be eligible for disability benefits,
and also provides for the termination of disability benefits once
a disabled member reaches normal retirement age. These changes are
necessary to comply with changes in the federal Age Discrimination
in Employment Act (ADEA) and EEOC regulations.
Maxim%un Pension: Section 35.097(J) (1) reflects federal limits
on pension benefits under qualified pension plans. Under prior
law, maximum benefits could not exceed the lesser of $90,000
(indexed for inflation) or 100% of a member's average compensation
for the 3 highest paid consecutive years of employment. Public Law
104-188, enacted by Congress in August 1996, eliminated the 100% of
average compensation maximum benefit option, and made several other
technical changes which are reflected in the ordinance amendment.
Note: Section 35.097(J) (9), which is not changed by this
ordinance, continues to reflect the maximum benefit limitations
contained in state law, which may result in a lower maximum benefit
than required by federal law.
Section 2
Minimum Benefit: Clarifies Section 35.098 to conform to the
intent of the minimum benefit provision and the way it has been
applied by the Pension Board, such that all participants and
beneficiaries receive a minimum monthly benefit of at least $400.
Also adds language providing that if a participant designates more
than one beneficiary, all such beneficiaries will receive a minimum
benefit equal to each beneficiary's pro rata share of the $400
minimum monthly benefit.
7/30/97 Draft
ORDINANCE NO. 40-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS,
AMOUNT AND PAYMENT"; AMENDING SUBSECTION (A) OF SAID
SECTION, "NORMAL RETIREMENT INCOME", TO PROVIDE THAT THE
NORMAL FORM OF BENEFIT FOR PARTICIPANTS WHO ARE NOT
MARRIED AT THE TIME OF RETIREMENT IS A SINGLE LIFE
ANAUJITY; AMENDING SUBSECTION (C) OF SAID SECTION,
"DISABILITY RETIREMENTAND RETIREMENT INCOME", TO REMOVE
AGE-BASED LIMITATIONS ON DISABILITY BENEFITS; AMENDING
SUBSECTION (J) OF SAID SECTION, "MAXIMUM PENSION", TO
CONFORM TO RECENT CHANGES IN FEDERAL LAW; AMENDING
SECTION 35.098, "SUPPLEMENTAL RETIREMENT INCOME AND
MINIMUM BENEFITS", TO CLARIFY THE MINIMUM BENEFIT PAYABLE
TO MULTIPLE BENEFICIARIES OF A PARTICIPANT; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 35.097, "Retirement Income;
Basis, Amount., and Payment", Subsections (A) (C) and (J), "Normal
Retirement Income", "Disability Retirement and Retirement Income",
and "Maximum Pension" are amended to read as follows:
(A) Normal retirement income.
(1) Amount of normal retirement income. The amount of
retirement income payable to a participant who retires on or after
his normal retirement date shall be an amount equal to two and one-
half percent (2.5%) of final monthly compensation multiplied by
credited service, expressed in years and tenths of a year, up to
a maximum of thirty (30) years. A participant who has attained the
age of sixty and retires with five (5) or more years of credited
service, but less than ten (10) years of credited service, shall be
entitled to monthly retirement income in an amount equal to two and
one-half percent (2.5%) of final monthly compensation multiplied by
credited service expressed in years and tenths of a year,
multiplied by the participant's vested percentage as set forth in
Sec 35-091 ~ ..... ~ =
~. ~-- ~= benefit is a
(2) Payment of normal retirement income. The monthly
retirement income payable in the event of normal retirement will be
payable on the first day of each month. The first payment will be
made effective on the participant's normal retirement date (or on
the first day of the month following actual retirement, if later),
and shall be continued thereafter during the participant's
lifetime. Upon the participant's death the same monthly benefit
shall be continued to his or her spouse for one year, and sixty
percent (60%) of that amount shall be continued to the spouse
thereafter until the earlier of the spouse's death or remarriage.
The normal form of benefit for a participant who is not married at
the time of retirement is a sinqle life annuity. If a participant
who is not married at the time of retirement later marries, the
spousal benefit provided in this paraqraph shall not apply unless
the participant requests an actuariall¥ adjusted benefit.
(C) Disability retirement and retirement income.
(1) A participant may retire from the service of the
city under the plan if he or she becomes totally and permanently
disabled, as defined in division (C) (2) of this section, on or
after the effective date of this section but prior to the normal
r~ircmcn~ date. This type of retirement shall be referred to as
disability retirement.
(2) Total and permanent disability. A participant will
be considered totally disabled if, in the opinion of the Retirement
Committee, the participant is wholly prevented from engaging in any
occupation for wage or profit; and a participant will be considered
permanently disabled if, in the opinion of the Committee, the
participant is likely to remain so disabled continuously and
permanently from a cause other than those specified in division
(C) (3) of this section.
(3) Disqualifying causes of disability. A participant
will not be entitled to receive any disability retirement income
if, in the opinion of the Committee, the disability is a result of:
(a) The participant's excessive or habitual use of
drugs, intoxicants, or narcotics;
(b) Injury or disease sustained by the participant
while willfully and illegally participating in fights, riots, civil
insurrections, or while committing a felony;
(c) Injury or disease sustained by the participant
while serving in any armed forces;
(d) Injury or disease sustained by the participant
diagnosed or discovered after the termination of city
employment; (e) Injury or disease sustained by the
participant while working for anyone other than the city, and
2
Ord. No. 40-97
arising out of such employment; or
(f) Injury or disease sustained by the participant
as a result of an act of war, whether or not the act arises from a
formally declared state of war.
(4) Proof of disability. The Committee, before
approving the payment of any disability retirement income, shall
require satisfactory proof, in the form of a certificate from a
duly licensed physician selected or approved by the Committee, that
the participant has become disabled as provided herein. The
Committee may require similar proof of the continued disability of
a participant after the commencement of disability retirement
income.
(5) Disability retirement income.
(a Monthly income payable
~ ..... c nczrn, al
rcti~~m~n~
1. Service-connected disability. The benefit
payable to a partmcipant who retires from the service of the city
due to total and permanent disability arising out of and in the
course of city employment shall be a monthly retirement income
equal to seventy-five percent (75%) of the participant's final
monthly compensation at the date of disability, subject to offsets
for social security and workers' compensation benefits in
accordance with division (C) (5) (a)4. of this section.
2. Nonservice-connected disability. The
benefit payable to a participant who retires from the service of
the city due to total and permanent disability not arising out of
and in the course of city employment, after the completion of ten
(10) years of credited service, shall be an amount equal to two
percent (2%) of final monthly compensation at the date of
disability, multiplied by the years and tenths of years of credited
service, subject to a maximum monthly retirement income of fifty
percent (50%) of final monthly compensation, and subject to offsets
for social security and workers' compensation benefits in
accordance with division (C) (5) (a)4. of this section.
3. If a participant with greater than ten
(10) years of credited service is eligible to receive a nonservice
disability benefit of less than $50 per month under division
(C) (5) (a)2. of this section, the participant may elect to receive
an optional benefit payable commencing according to the provisions
of division (D) (6) of this section and subject to division (E) of
this section. This optional benefit will be equal to the product
of "a" and "b", where "a" is the number of and tenths of years of
credited service at the date of disability, multiplied by two and
one-half percent (2.5%) of final monthly compensation, and "b" is
the applicable actuarial reduction factor to take into account the
3
Ord. No. 40-97
participant's younger age and the earlier commencement of
retirement income payments. If this option is elected, the benefit
payable will not be subject to the provisions of division (C) (5) (b)
of this section, but will be payable as a normal retirement benefit
would be paid pursuant to division (A) (2) of this section), unless
an optional form of payment is elected under division (E) of this
section, in which case such election will define the period of
payment.
4. The disability retirement income described
above shall be reduced by social security and workers' compensation
wage-loss benefits received by the participant, as follows. The
reduction for social security benefits shall be in the amount of
the primary insuranc~o amount only, not including any family
benefit. Any cost of living adjustments in the participant's
social security benefits shall not serve to reduce further the
disability retirement income payable from the plan. The reduction
for social security disability benefits shall terminate upon the
retiree's attainment of age 65. Disability retirement income
payable from the plan shall be reduced by workers' compensation
wage-loss benefits received by the participant to the extent that
such benefits, when added to the participant's disability
retirement income from the plan (adjusted for social security
benefits received, if applicable), exceed the participant's final
monthly compensation at the date of disability. Any cost of living
adjustments in the participant's workers' compensation benefits
shall not serve to reduce further the disability retirement income
payable from the plan. In the case of a lump sum workers'
compensation settlement, the disability retirement income payable
from the plan shall be adjusted as follows:
a. The amount of the lump sum settlement
shall be divided by the participant's remaining life expectancy (in
months), as determined using standard actuarial tables approved by
the plan actuary;
b. If the number obtained in
subparagraph a., above, when added to the participant's monthly
disability retirement income from the plan, exceeds the
participant's final monthly compensation on the date of disability,
the amount of the excess shall be deducted from the participant's
monthly disability retirement income from the plan, for the
duration of the participant's remaining life expectancy as
determined in subparagraph a., above.
c. If the number obtained in
subparagraph a., above, when added to the participant'-s monthly
disability retirement income from the plan does not exceed the
participant's final monthly compensation on the date of disability,
there shall be no reduction of the participant's disability
retirement income from the plan.
4 Ord. No. 40-97
(b) Normal retirement~..-~'--'~"~ income commencing on
the cessation of disability retirement income natl..al ratiramcnt
data. If a participant '__s is rccciving monthly disability
retirement income from the plan ceases pursuant to division
(C) (6} (c) of this section ......... ~-~ ~ .....- ~ ~ .....~ ~ ~
data a~ ........ - . rc.i. cmcn. income
ska!l bc disccntinucd an~ no~al retirement income shall co~ence
in accordance with this paragraph. For the pu~ose of this
paragraph, a participant's credited se~ice.~_~-- '~...~ ......... ~-.~.~ ~.~
detc~ining thc nc~al rctirament data shall include all periods of
credited se~ice as defined in Sec. 35.089 and 35.093 of this
subchapter, and all years and tenths of years during which the
participant received disability retirement income from the plan.
......... ~- ' ..o_m-. r-.ircmcn. ~ate.
Aisc c~_ac.i-za cn ~hc part .... ~ ..... ncrma! retircr, cnt ':~
the cessation of disability retirement income pursuant to division
(C) (6)(c) of this section, the participant shall begin receiving
monthly retirement income computed in the same ma~er as for no~al
retirement in accordance with division (A) (1) of this section,
based upon the participant's credited se~ice as defined in this
paragraph, and projected rate of final monthly compensation at the
..~..~ .--~.__~...~..~ ~"~ (as defined in this paragraph, below) . The
participant's projected rate of final monthly compensation at thc
.... ~ -~ ...... ~-t~ shall be dete~ined in accordance with Sec
35.089(E) of this subchapter, but based on the assumption that the
participant's rate of monthly basic compensation at the date of
te~ination of City emplo~ent due to disability would have
continued without change to the ncrr. a! rctircmcnt date disability
retirement income ceased.
(6) Pa~ent of disability retirement income. The
monthly retirement income payable upon disability retirement will
be payable on the first day of each month. The first pa~ent will
be made effective on the first day of the month following the date
on which the participant's disability has existed for five months,
or the date on which the participant s~mits a written application
for disability retirement income, whichever is later. Disability
retirement income will continue to be paid in lieu of any other
retirement income ~der the plan, until the earliest of the
followinq occurrences during thc participant's !ifatimc, and in
(a) If the participant recovers from disability
pricr ~- nc~.a~ rc.iramcn ..... - ~, the last dis~ility retirement
income pa~ent will be the pa~ent due next preceding the date of
recove~.
(b) If the participant dies --~-- 'c '~ .... ~
~--'ircm-n~. ' d-t~- - without recoverin~ from disability, the last
pa~ent will be the pa~ent due next preceding the date of death.
5 Ord. No. 40-97
issued by the Secretary of the Treasury pursuant to the provisions
of ~415 (b) of the Internal Revenue Co~e. :..~.=--~--== '~i~.h ~
(c) The reductions D~ovfded ~g the, precedlnq
s~para~aDhs shall not be apDliq~le _to dis~ility benefits Dai~
purser ~o Section 35. 097 (C) or Dre-retireme~t death
n~suan= =o Section 3S.097 (D) .
(d) If the meter's retirement benefit becomes pay~le
after age sixty-five (6S) . for p~oses of ~ete~ning whether this
benefit meets the ii. ration set forth ~ s~section I herein, such
benefit s~ll be adjusted so that it is actuarially ~de using an
ass~ed interest rate of fiv~ percent (5%) ~d shall be ~de in
accor~nce with =he r~lations pro~lgated by the Secreua~ of the
Trmas~ or his ~elega=e.
(4) Less th~ Ten Ye~s of Se~ice
The ~~ retire~nt benefits pay~le ~er this
Sec=ion to any me~er who has co~leted less than ten (10) years of
Credite~ Semite with the City shall be the amour ~ete=~ned ~der
p~a~aph A of this Sec=ion ~ltiplied by a fraction, the numerator
of which is the n~er of the ~er's ye~s of Credited Se~ice
~d the deno~tor of which is ten (10) . This reduction shall not
be a~ligable =o d%s~i~ity ~enefits uaid u~su~nt =o ~ection
3S-097 (C) or pre-re~r~nt ~eath ben~fi~s paid 9~suant to Section
(5) $10,000
No=w!thst~ng =he forego~g, the retirem~t benefit
pay~le with respect ~o a me~er s~ll be deeme~ not =o ~cee~ Uhe
limitatio~ se= fo~h in :~s Sec=ion of the benefits pay~le with
respecu to such me~er ~er this Pi~ ~d ~der all other
~alified defined benefit pension Pla~ =o w~ch the City
contributes do not excee~ $10,000 for the applic~le PI~ Year ~
for ~y prior Pi~ Ye~ and t~ City ~s ~= a= any time ~in=ained
a ~alified ~efined contr~ution PI~ in w~ch the me.er
(6) Me~er in Define~ Con=ribu=ion PI~.
In ~y case where a ~er ~r this pl~ is also a
me~er in a "Definea Contributi~ Pi~" as ~efine~ in ~414(i) of
the Inte~l R~venue Code, ~in~ained by ~e CiUy, ~he sum of the
"Define~ Benefit PI~ Fraction" ~ the "Defined Contri~tion Plan
Fraction" (both as definea in ~415 (e) of the In=e~al Rev~ue Code)
shall not, s~ject to the restrictions an~ exceptions contained in
~2004 of the ~loyee Retirement Income Se~i:y Act of 1974,
amended, exceed 1.0. This ii.ration is reDeale~ effective JSnua~
Ord. No. 40-97
1, 2,000.
(7) Reduction of Benefits.
Reduction of benefits and/or contributions to all Plans,
where required, shall be accomplished by first reducing the
member's benefit under any defined benefit Plans in which he
participated, such reduction to be made first with respect to the
Plan in which he most recently accrued benefits and thereafter in
such priority as shall be determined by the Trustees of such other
Plans, and next, by reducing or allocating excess forfeitures for
defined contribution Plans in which the member participated, such
reduction to be made first with respect to the Plan in which he
most recently accrued benefits and thereafter in such priority as
shall be established by the Trustees for such other provided,
however, that necessary reductions may be made in a different
manner and priority pursuant to the agreement of the Trustees of
all other Plans covering such member.
(8) Cost-of- Living Adjustments
The limitations as stated in subsections 1, 2, 3, and 6
herein shall be adjusted to the time payment of a benefit begins in
accordance with any cost-of-living adjustments prescribed by the
Secretary of the Treasury pursuant to §415(d) of the Internal
Revenue Code.
(9) Additional Limitation on Pension Benefits.
Notwithstanding anything herein to the contrary:
(a) The normal retirement benefit or pension payable to
a retiree who becomes a member of the Plan and who
has not previously participated in such Plan, on or
after January 1, 1980, shall not exceed 100 percent
of his average final compensation. However, nothing
contained in this Section shall apply to
supplemental retirement benefits or to pension
increases attributable to cost-of-living increases
or adjustments.
(b) No member of the Plan who is not now a member of
such Plan shall be allowed to receive a retirement
benefit or pension which is in part or in whole
based upon any service with respect to which the
member is already receiving, or will receive in the
future, a retirement benefit or pension from
another retirement plan or system. This
restriction does not apply to social security
benefits or federal benefits under Chapter 67,
Title 10, U.S. Code.
9
Ord. No. 40-97
Section 2. That Section 35.098, "Supplemental Retirement
Income and Minimum Benefits," is amended to read as follows:
Section 35.098 SUPPLEMENTAL RETIREMENT INCOME ANDMINIMIIMBENEFITS.
Effective as of January 1, 1993, all participants or
beneficiaries of participants who were receiving benefits under the
plan prior to January 1, 1991, shall have the monthly amount of
retirement income increased by five percent (5%) over the gross
amoun~ they were receiving in December of 1990. Provided, however,
that all participants with ten (.10) or more years of credited
service, and the designated beneficiary bcncfic±arics of such
participants who receive plan benefits that arc ba~cd cn cr dcrlvcd
from ~ participant's .... ~ ~ ..... ~ ~ ..... regardless of the
participant's retirement date, shall receive ~=~- ~ ~-
minimum monthly ncrma! retirement income amount of at least $400.
If more than one beneficiary receives plan benefits based on or
derived from a participant's retirement income, all such
beneficiaries shall receive a minimum benefit ecrual to each
beneficia~z's oro rata share of the minimum monthly normal
retirement income specified in this section.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be invalid such
decision shall not affect the validity of the remainder hereof as
a whole part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall take effect ten
(10) days after second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1996.
MAYOR
Attest:
City Clerk
First Reading:
Second Reading:
db46pen, ord
10 Ord. No. 40-97
[ITY (IF DELRR¥ BEI:I[H
CITY ATTORNEY'S OFFICE ~00 N~ ]~st ^VENU~. D~RA¥ BEACh, ~O~]D~ ~444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~e: 561/243-7091
DELRAY BEACH
lll.~i~ Ci~
,,,,,,-----
TO: City Co~ission
~993
FROM: Susan A. Ruby, Ci~ Attorney
SUBJECT: Tate v. Ci~ of Delray Beach and Lake Wor~ DraYage District
The p~ose of ~Js memorandum Js to call for a closed attorney-client session pursuant to
Florida Statutes 286.011(8) for ~e September 9, ~997 Ci~ Co~ission meeting to discuss
settlement negotiations ~d strategy related to litigation expenditures in ~e above case.
Strict compli~ce wi~ Florida Statutes Section 286.011(8) is required by law. Therefore,
prior to ~e co~encement of ~e closed a~orney-clJent session ~e Mayor should read ~e
following:
"The Ci~ has scheduled a closed attorney-client session pursuit to Florida
Statutes Section 286.011(8) in ~e case of Stagey Tate vs. ~e CJ~ of
Delray Beach and L~e Wor~ Drainage District. The est~ated leng~ of
· e closed session shall be 30 minutes. The follow~g perso~ will be
attending: Mayor Jay Alperin, Co~issioners Ken Ellingswor~, David
Randolph, Kevin Egan, David Sc~idt, Ci~ Manger David Harden, Ci~
Attorney Susan Ruby, Assistant Ci~ Attorney David Tolces, Bill Doney,
lawyer for ~e Ci~, ~d a certified court reporter."
After ~e closed session is over, ~e Mayor should a~ounce ~at ~e re~lar meeting is
reopened, and ~e closed session is te~inated.
By copy of ~is memorand~ to David H~den, our office requests ~at ~e agenda be
prepped giving reasonable public notice of ~e time and date of ~e closed a~orney-client
session for September 9, 1997 and ~at ~e agenda item include ~e ~e of ~e case, ~e
names set forth above of ~ose persons attending the session, and identi~ ~e item as a
closed door session pursuant to Florida Statute 286.011. Our office will arrange for a court
report~~rese~t as re~uirea b~ statute. Attached is a cop~ of Fla. S~t. ~a.011.
SAR:c~-~
cc: David Harden, Ci~ Manger
Alison MacGregor Har~, Ci~ Clerk
David Tolces, Assist~t CiW Attorney
Bill
Sun Coast Reporters
FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page 1
*29301 West's F.S.A. § 286.011 degree, punishable as provided in s. 775.082 or
s. 775.083.
WEST'S FLORIDA STATUTES
ANNOTATED (c). Conduct which occurs outside the state
TITLE XIX. PUBLIC BUSINESS which would constitute a knowing violation of
CHAPTER 286. PUBLIC this section is a misdemeanor of the second
BUSINESS; MISCELLANEOUS degree, punishable as provided in s. 775.082 or
s. 775.083.
PROVISIONS
(4) Whenever an action has been filed against
Current through En~l of 1996 2nd Reg. Sess.
any board or commission of any state agency or
authority or any agency or authority of any
286.011. Public meetings and records; county, municipal corporation, or political
public inspection; criminal and civil subdivision to enforce the provisions of this
penalties section or to invalidate the actions of any such
board, commission, agency, or authority, which
(1) All meetings of any board or commission action was taken in violation of this section, and
of any state agency or authority or of any the court determines that the defendant or
agency or authority of any county, municipal defendants to such action acted in violation of
corporation, or political subdivision, except as this section, the court shall assess a reasonable
otherwise provided in the Constitution, at which attorney's fee against such agency, and may
official acts are to be taken are declared to be assess a reasonable attorney's fee against the
public meetings open to the public at all times, individual filing such an action if the court finds
and no resolution, rule, or formal action shall be it was filed in bad faith or was frivolous. Any
considered binding except as taken or made at fees so assessed may be assessed against the
such meeting. The board or commission must individual member or members of such board or
provide reasonable notice of all such meetings, commission; provided, that in any case where
the board or commission seeks the advice of its
(2) The minutes of a meeting of any such attorney and such advice is followed, no such
board or commission of any such state agency fees shall be assessed against the individual
or authority shall be promptly recorded, and member or members of the board or
such records shall be open to public inspection, commission. However, this subsection shall not
The circuit courts of this state shall have apply to a state attorney or his or her duly
jurisdiction to issue injunctions to enforce the authorized assistants or any officer charged with
purposes of this section upon application by any enforcing the provisions of this section.
citizen of this state.
*29302 (5) Whenever any board or
(3)(a) Any public officer who violates any commission of any state agency or authority or
provision of this section is guilty of a any agency or authority of any county,
noncriminal infraction, punishable by fine not municipal corporation, or political subdivision
exceeding $500. appeals any court order which has found said
board, commission, agency, or authority to have
(b) Any person who is a member of a board or violated this section, and such order is affirmed,
commission or of any state agency or authority the court shall assess a reasonable attorney's fee
of any county, municipal corporation, or for the appeal against such board, commission,
political subdivision who knowingly violates the agency, or authority. Any fees so assessed may
provisions of this section by attending a meeting be assessed against the individual member or
not held in accordance with the provisions members of such board or commission;
hereof is guilty of a misdemeanor of the second provided, that in any case where the board or
Copyright (c) West Group 1997 No claim to original U.S. Govt. works
FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page 2
commission seeks the advice of its attorney and No portion of the session shall be off the record.
such advice is followed, no such fees shall be The court reporter's notes shall be fully
assessed against the individual member or transcribed and filed with the entity's clerk
members of the board or commission, within a reasonable time after the meeting.
(6) All persons subject to subsection (1)are (d) The entity shall give reasonable public
prohibited from holding meetings at any facility notice of the time and date of the attorney-client
or location which discriminates on the basis of session and the names of persons who will be
sex, age, race, creed, color, origin, or economic attending the session. The session shall
status or which operates in such a manner as to commence at an open meeting at which the
unreasonably restrict public access to such a persons chairing the meeting shall announce the
facility, commencement and estimated length of the
attorney-client session and the names of the
(7) Whenever any member of any board or persons attending. At the conclusion of the
commission of any state agency or authority or attorney-client session, the meeting shall be
any agency or authority of any county, reopened, and the person chairing the meeting
municipal corporation, or political subdivision shall announce the termination of the session.
is charged with a violation of this section and is
subsequently acquitted, the board or (e) The transcript shall be made part of the
commission is authorized to reimburse said public recorduponconclusionofthe litigation.
member for any portion of his or her reasonable *29303
attorney's fees. CR01
(8) Notwithstanding the provisions of CREDIT(S)
subsection (1), any board or commission of any
1997 Electronic Update
state agency or authority or any agency or
authority of any county, municipal corporation, CRO1 Amended by Laws 1991, c. 91-224, 3~ 33; Laws
or political subdivision, and the chief 1993, c. 93-232, 3~ I, eft. June 30, 1993; Laws 1995, c.
administrative or executive officer of the 95-148, ~ 210, eft. July 10, 1995; Laws 1995, c. 95-353, ~
governmental entity, may meet in private with 1, eft. June 17, 1995.
the entity's attorney to discuss pending litigation
<<For additional credits, if any, see Historical Note
to which the entity is presently a party before a
court or administrative agency, provided that the field >>
following conditions are met: HISTORICAL NOTES
(a) The entity's attorney shall advise the entity HISTORICAL AND STATUTORY NOTES
at a public meeting that he or she desires advice
concerning the litigation. 1997 Electronic Update
(b) The subject matter of the meeting shall be Laws 1991, c. 91-224, a reviser's bill, modified
confined to settlement negotiations or strategy provisions for punishment of misdemeanors as contained in
sessions related to litigation expenditures, this section by deleting reference to punishment pursuant
to § 775.084 to conform with Laws 1988, c. 88-131 which
deleted all references to misdemeanors from § 775.084.
(c) The entire session shall be recorded by a
certified court reporter. The reporter shall Laws 1993, c. 93-232, .~ 1, eff. June 30, 1993, added
record the times of commencement and subsec. (8).
termination of the session, all discussion and
Laws 1995, c. 95-148, a reviser's bill, removed gender-
proceedings, the names of all persons present at specific references applicable to human beings without
any time, and the names of all persons speaking, substantive changes in legal effect.
Copyright (c) West Group 1997 No claim to original U.S. Govt. works