02-21-95 Regular
DELRA Y BEACH
f l 0 I l D A
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~
AJ~America CitJ
FEBRUARY 21. 1995 6:00 P.M.: PUBLIC HEARING 7:00 P.M. '1111'
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or acti-
vity conducted by the City. Please contact Doug Randolph 243-7127
(voice), or 243-7199 (TDD), 24 hours prior to the program or activity in
order for the City to reasonably accommodate your request. Adaptive
listening devices available for meetings in the Commission Chamber.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: 'City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City does not provide nor
prepare such record.
AGENDA
1. Roll Call.
2. :Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
s. Approval of Minutes:
Regular Meeting of February 7, 1995
6. Proclamations:
A. Recognizing Mr. Cy Young
B. Recognizing Delaire Country Club
7. Presentations:
A. Comprehensive Annual Financial Report for the Year Ended
September 30, 1994
8. Consent Agenda: City Manager recommends approval.
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify SCRWTD Board Modification to
Industrial Wastewater and Pretreatment Agreement.
B. REVISED AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY/WEST
ATLANTIC AVENUE REDEVELOPMENT PLAN: Approve a revised
agreement between the City and the Community Redevelopment
Agency for preparation of a Redevelopment Plan for West
Atlantic Avenue (Redevelopment Area #1) .
C. RESOLUTION NO. 10-95: Approve Resolution No. 10-95 amending
the Development Order for the Waterford Place Development of
Regional Impact to confirm actions taken in 1993..
D. RIGHT-OF-WAY DEED FOR CURRIE RESIDENCE/OFFICE: Accept a
right-of-way deed for the east five feet of Lot 12, Block 67
(134 N.E. 1st Avenue) to provide for the installation of a
sidewalk associated with the Currie Residence/Office.
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E. FINAL PLAT APPROVAL/COCONUT PALMS: Approve the final plat for
Coconut Palms, a proposed six unit townhouse development
located at the southeast corner of Avenue C and Florida
Boulevard.
F. EMERGENCY MANHOLE REPAIR/HIGHPOINT BOULEVARD NORTH AND
HIGHPOINT DRIVE: Approve the emergency repair by Underwater
Unlimited Diving Services, Inc. of a sanitary manhole on
Highpoint Boulevard North and Highpoint Drive which has severe
groundwater inflow causing adjacent roadway failure. Funding
in the amount of $12,000.00 is available from w/S - Renewal and
Replacement Other Current Charges (Account No.
442-5178-536-46.90) through budget transfer from W/S Renewal
and Replacement - Manhole Rehabilitation (Account No.
442-5178-536-61.84) .
G. AWARD OF BIDS AND CONTRACTS:
1. Bid Award to various vendors for pipe fittings and acces-
sories (annual contract), at an estimated annual cost of
$98,036.23, with funding from W&S Distribution - Operating
Supplies (Account No. 441-5123-536-52.20) and W&S
Collections - Operating Supplies (Account No. 441-5141-
536-52.20) .
2. Purchase award - Cars and Trucks via Florida State
Contract, to various vendors at a total cost of $322,080,
with funding from City Garage - Machinery/Equipment
Automotive (Account No. 501-3312-591-64.20) , and the
Construction Division pickup from W&S Machinery/Equipment
- Automotive (Account No. 441-5145-536-64.20) .
3. Lease agreement - one year lease agreement with Mears
Motor Leasing for six vehicles to be utilized by the Vice
Intelligence and Narcotics Section, in the annual amount
of $30,960 from Vehicle - Rentals and Leases (Account No.
001-2115-521-44.40) .
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting the actions and decisions made by the Site Plan
Review and Appearance Board and the Historic Preservation Board
during the period February 6 through February 17, 1995.
B. EXTENSION OF APPROVALS FOR KEYSTONE CREATIONS: Consider a
request for an extension of the conditional use and site plan
approvals for Keystone Creations. The subject property is
located on the east side of N.W. 18th Avenue, north of N.W. 1st
Street.
C. AMENDMENT NO. 2 TO THE CITY'S RECOMMENDATION ON PROPOSED SCHOOL
BOUNDARY CHANGES:
D. 1995 BUD LIGHT' PRO/AM BEACH VOLLEYBALL TOURNAMENT: Consider
allowing the City to host and participate in the Bud Light
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Pro/Am Beach Volleyball Tournament, to be held April 29 and 30,
1995.
E. RELEASE OF LIENS/CRA AFFORDABLE HOUSING PROGRAM: Consider a
request from the Community Redevelopment Agency to release Code
Enforcement liens in the amount of $4,618.73 on property at 239
N.W. 8th Avenue, proposed for acquisition under the CRA's
affordable housing program.
F. SELECTION OF CIVIL/SANITARY ENGINEERING FIRM WITH AOUIFER
STORAGE AND RECOVERY EXPERIENCE: Consider approval of the
Selection Committee's ranking of civil and sanitary engineering
firms with aquifer storage and recovery (ASR) experience, and
authorize staff to begin negotiations with the top-ranked firm.
G. SELECTION OF CIVIL/SANITARY ENGINEERING FIRMS: Consider
approval of the Selection Committee's ranking of engineering
firms to provide civil and sanitary engineering services, and
authorize staff to negotiate with these firms.
H. CHANGE ORDER NO. 5 AND FINAL PAYMENT/HARRY PEPPER & ASSOCIATES,
INC. : Consider Change Order No. 5 in the amount of $41,650.17
and an additional 20 calendar days to the contract with Harry
Pepper & Associates, Inc. for the Master Pump Station and
Transmission System Improvements; and approval of final payment
in the amount of $61,650.17. Funding is available from Capital
Outlay - Other Improvements (Account No. 441-5161-536-63.90) .
I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two student
members to the Education Board; one to a term ending July 31,
1995, and the other to a term ending July 31, 1996.
J. SUPPLEMENTAL APPROPRIATION FOR VOLUNTEER PARKING ENFORCEMENT
PROGRAM: Consider a request for a supplemental appropriation
in the amount of $5,070 for the Volunteer Parking Enforcement
Program, Funding is available from Contingency (Account No.
001-6111-519-99.03 through budget transfer.
10. Public Hearings:
A. ORDINANCE NO. 13-95: An ordinance amending Chapter 71,
"Parking Regulations", of the City Code to provide for an
increase in fines for parking violations, and other
modifications.
B. ORDINANCE NO. 10-95: An ordinance changing the Future Land Use
Map designation from General Commercial to Medium Density
Residential for a two acre component of an overall 11.11 acre
site. The subject property is located on the east side of
North Federal Highway, immediately south of the Delray Swap
Shop, and was formerly known as Marina Cay.
C. ORDINANCE NO. 11-95: An ordinance rezoning an 11.11 acre
parcel of land from SAD (Special Activities District) to RM
(Medium Density Residential) District. The subject property is
located on the east side of North Federal Highway, immediately
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south of the Delray Swap Shop, and was formerly known as Marina
Cay.
D. ORDINANCE NO. 97-94: An ordinance rezoning a 1.92 acre parcel
of land from Neighborhood Commercial District to Professional
and Office District. The subject property is generally located
at the northwest corner of Seacrest Boulevard and N.E. 22nd
Street.
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. 15-95: An ordinance amending Chapter 100,
"Nuisances", of the City Code to prohibit the mixing of
vegetative trash with other refuse, and prohibiting the
accumulation of loose, uncontainerized or unbundled refuse,
other than heavy, bulky items. If passed, public hearing on
March 7, 1995.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. Commission
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[ITY DF DELRAY BEA[H .'" ,
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DELRA Y BEACH
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100 N,W, 1st AVENUE . DE LRA Y BEACH, F LOR I DA 33444 . 305/243.7000
ifiir PROCLAMA TION
1993
WHEREAS, Cy Young, a one armed golfer of 70 years,
has been playing the challenging game of golf for 40 years. Cy
is known as "Pipeline Young" for his accurate shots straight
down the middle of the fairways; and,
WHEREAS , Cy made his first hole-in-one on February
8, 1992, when he aced a 96 yard par-3 with a 6-iron. However,
that cannot compare to the "DOUBLE ACE" he shot on January 28,
1995, at the Lakeview Golf Course in Delray Beach. During his
game he shot a hole-in-one on the first hole and a 103 yard
hole-in-one with a 3-wood on the thirteenth hole.
WHEREAS , golfing tradition forced him to buy two
rounds of drinks for his partners, after celebrating and
dancing his little jig, Cy said "Boy that cost me, but it was
really worth it."
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby recognize and congratulate
CY YOUNG
on hi s accomplishments and encourage him to continue to amaze
his colleagues with his great sportsmanship.
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 21st day of February, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
0,1}.
THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ1'1
SUBJECT: AGENDA ITEM # ??A - MEETING OF FEBRUARY 21, 1995
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
DATE: FEBRUARY 17, 1995
This is before the Commission to ratify the South Central
Regional Wastewater Treatment and Disposal Board modification
to the Industrial Wastewater and Pretreatment Agreement approved
at their annual meeting of July 21, 1994.
Recommend ratification of SCRWTD Board action of July 21, 1994,
modifying the Industrial Wastewater and Pretreatment Agreement.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
ROBERT J. HAGEL Telephone
272-7061 734-2577
Ezecutive Director Fax: (407) 265-2357
M E_MORAN DUM
TO: City Manager/City ynton Beach
City Clerk, Delra
FROM: Robert Hagel
DATE: February 2, 1995
RE: Ratification of Industrial Wastewater and Pretreatment Agreement
Our modified Industrial Wastewater and Pretreatment Agreement which was approved
by the Board at the Quarterly Annual Meeting of July 21, 1994 was never ratified.
Would you please place this matter on your next City Commissioner Agenda and
return the same to our file.
Carrie, I would appreciate it if you would obtain all the signatures as required on Pages
43 and 44 of the Industrial Waste Agreement which is also enclosed. Upon our
receipt of these executed pages, I will forward them to Delray for signature.
Thank you for your assistance.
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 21, 1994, by a vote of 7-0, approve Modification to Industrial Wastewater and
Pretreatment Agreement.
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 DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
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1''71
CITY COMMISSION DOCUMENTATION
TO: DAVID 1. HARDEN, CITY MANAGER
THRU: ~IN UEZ: 0
DEPARTMENT OF PLA NI G AND ZONING
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FROM: , PLANNER
SUBJECT: MEETING OF FEBRUARY 21, 1995 ***Consent Agenda...
ACCEPTANCE OF A REVISED AGREEMENT BETWEEN THE CITY
AND THE COMMUNITY REDEVELOPMENT AGENCY FOR
PREPARATION OF THE WEST ATLANTIC AVENUE
REDEVELOPMENT PLAN.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a revised
agreement between the City and the Community Redevelopment Agency for
the preparation of a Redevelopment Plan for West Atlantic Avenue
(Redevelopment Area #1).
BACKGROUND:
At workshop meetings concerning the City's 1994/1995 budget the Commission
directed the Planning and Zoning Department to assist the Community
Redevelopment Agency (CRA) in the preparation of the Redevelopment Plan for
West Atlantic Avenue (Redevelopment Area #1). The Commission also directed the
CRA to provide the funding for the project from its budget. Preliminary work on the
plan is currently underway. Planning and Zoning drafted an agreement which was
reviewed by the City Commission and approved at its meeting of December 13, 1995.
The CRA Board considered approval of the formal agreement at its meeting of
December 22, 1994 and requested that language be added that the City will provide
any revisions to the plan required prior to adoption. Those changes have been made
and the revised agreement has been signed BY CRA Chair Kevin Egan.
RECOMMENDED ACTION:
By motion, approve the revised agreement between the City and the Community
Redevelopment Agency for the preparation of a Redevelopment Plan for West
Atlantic Avenue (Redevelopment Area #1).
Attachment:
. Agreement
G.6.
AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND
THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is made and entered into this day of
, 1995 by and between the CITY OF DELRAY BEACH, FLORIDA, a
Florida municipal corporation, hereinafter referred to as the "City", and the DELRA Y
BEACH COMMUNITY REDEVELOPMENT AGENCY.
WIT N E SSE T H:
WHEREAS, the City's Comprehensive Plan requires the preparation of a
Redevelopment Plan for the West Atlantic Avenue Redevelopment Area, which is referred to
as Redevelopment Area #1; and
WHEREAS, the City Commission has directed the Planning and Zoning Department
to assist the CRA in the preparation of the Redevelopment Plan; and
WHEREAS, the City Commission has directed the CRA to fund the preparation of the
Redevelopment Plan.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. The City shall assign one Planner in the City's Planning and Zoning Department
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to the work of producing the Redevelopment Plant.
3. The official start date of the project is November 14, 1994.
4. The intended scope of work is to produce documents outlining a Redevelopment
Plan which incorporates the information contained in the outline approved by the Visions West
Atlantic Redevelopment Plan Committee at its meeting of November 11, 1994, attached hereto
as Exhibit "A". In the event revisions to the plan are necessary, the City agrees to ensure that
plan revisions are made up through adoption of the plan.
5. The assigned Planner will devote approximately 20-25 hours per week to the
preparation of the Redevelopment Plan.
6. The CRA will make available any information currently collected for the plan as
well as providing support assistance.
7. The estimated completion date for the project is March 31, 1995.
8. The CRA will pay for the cost of a planner to produce the Redevelopment Plan.
The estimated cost for the project, based on an hourly rate of $17 .1O/hour, including benefits
for 25 hours per week for 20 weeks is $8,850.00. The CRA will pay the costs for the
Planner, including all costs in excess of the estimate, however, the maximum amount to be
paid by the CRA to fund the Redevelopment Plan shall be no more than $10,000.00. A lump
sum payment will be due when the Redevelopment Plan is completed by March 31, 1995,
whichever date is earlier. If the Redevelopment Plan is not completed by March 31, 1995,
payment for services provided up to March 31, 1995 will be made with the remaining balance
due for the services provided by the City after March 31, 1995 when the Redevelopment Plan
is completed.
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9. Costs of supplies, excepting reproduction of the completed plan, will be borne
by the City.
10. Aspects of the plan requiring special expertise that is beyond the scope of the
Planning and Zoning Department are to be produced by other qualified individuals and
2
included in the completed plan. The costs or fees charged for the special expertise will be
paid for by the CRA.
11. Prior to the effectiveness thereof and pursuant to the requirements of Section
163.01(11) of the Florida Statutes, this agreement shall be filed with the Clerk of the Circuit
Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
12. No prior or present agreements or representations shall be binding' on the City
or the CRA 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.
13. The invalidity of any portion, article, paragraph, provision, clause, or any
portion thereof of this contract shall have no effect upon the validity of any other part or
portion hereof.
14. To the extent allowed by law, the venue for any action arising from this
contract shall be in Palm Beach County, Florida.
15. This contract shall be governed by and in accordance with the laws of the State
of Florida.
16. Neither the City, nor the CRA, shall assign, conveyor transfer any rights or
interest in this Agreement without the written consent of the other.
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ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
3
Approved as to Form and
Legal Sufficiency:
City Attorney
ATTEST: T AGENCY
iJJ' tUL f1h)u'}-'-/t By:
I,
cra-2.agt
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CITY COMMISSION DOCUMENTATION
TO: Davi Harden, City Manager
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THROUGH: ominque ~ector of Planning and Zoning
FROM: John Walker, Project coordinato~~~
SUBJECT: MEETING OF FEBRUARY 21, 1995 ** CONSENT AGENDA **
DEVELOPMENT ORDER MODIFICATION FOR WATERFORD PLACE DRI
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Resolution No. 10-95, amending the Development
Order for the Waterford Place DRI.
BACKGROUND:
The City Commission actions to approve amendments to the
Waterford Place DRI were taken in 1993. The amendments were 1)
extension of the build out date, and 2) revisions to local
condition #22 (S.W. lOth Ave. improvements). In addition, a
finding was made that the amendments did not constitute a
substantial deviation.
At the time that actions were taken, City Commission directed
that they be put in the form of a resolution to amend the
Development Order and brought back as a consent item. During a
recent review of the project files, it was discovered that this
had not been done. Therefore, this item is before the City
Commission to confirm actions taken in 1993 so that the formal
Development Order will reflect all the previous approvals.
RECOMMENDED ACTION:
By motion, approve Resolution No. lO-95, amending the
Development Order for the Waterford Place DRI.
Attachment:
* Resolution # 10-95
T:\advanced\WTRFD3.DOC ~ on ~CjL
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RESOLUTION NO. 10-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85,
WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF
DELRAY BEACH, BY AMENDING CONCLUSIONS OF LAW, SECTION
2, AND LOCAL ISSUES, SECTION 22i MAKING A
DETERMINATION OF NOT BEING A SUBSTANTIAL DEVIATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the meeting of May 28, 1985, the City Commission
adopted Resolution No. 49-85, making findings of fact and determining
conclusions of law pertaining to the Delint Center (now known as
Waterford Place) , a Development of Regional Impact ( DRI ) , and
constituting said Resolution No. 49-85 as a Development Order (DO) by
the City of Delray Beach in compliance with lawi and
WHEREAS, Resolution No. 49-85 has been subsequently modified.
by Ordinance No. 96-87, adopted December 22, 1987, and by Resolution
No. 80-89, adopted October 24, 1989, and by Resolution No. 132-92,
adopted December 16, 1992i and
WHEREAS, the developer submitted a request to the City of
Delray Beach that changes be made to the DRI-DO to the effect of
extending the build-out date of the project and of modifying local
condition #22 concerning road improvements to S.W. 10th Avenuei and
WHEREAS, the City of Delray Beach considered the r~quested
changes and made a determination that the proposed changes to the
DRI-DO were not substantiali and
WHEREAS, at the meetings of February 23, 1993, and July 13,
1993, the City Commission approved the proposed changes and directed
that the DRI-DO be modified.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the second portion of the CONCLUSIONS OF
LAW dealing with Commencement and Proqress of Development is hereby
modified as follows:
2. Failure to initiate construction within three years from the
effective date of the Development Order, or failure to maintain
reasonable progress toward completion of the development after having
initiated construction in a timely manner shall constitute a
substantial deviation and the development shall be subject to further
consideration pursuant to Section 380.06, Florida Statutes.
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Construction shall be deemed to have been initiated after
placement of permanent evidence of a structure (other than a mobile
home) on a site, such as the pouring of slabs or footings or any work
beyond the stage of excavation or land clearing_
The build-out date. not initially included in the DRI-DO. is
extended to June 30. 1996.
Section 2. That DRI-DO Condition 22 be modified as follows:
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22A: Prior to issuance of Certificates of Occupancy for the General
Retail use. the south approach of S. w. 10th Avenue at Linton
Boulevard shall be improved to the ultimate section as approved
by Palm Beach County and the City of Delray Beach.
- 2 - Res. No. 10-95
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22B: Within three months of the date of issuance of Certificates of
Occupancy for the General Retail use. an analysis of the
intersection of S.W. 10th Avenue/Lindell Boulevard shall be
submitted which shall determine if a traffic signal at the
intersection is warranted. If warranted. the siqnal shall be
installed by the developer within three months of a directive by
the City of Delray Beach. If not warranted. the requirement for
an intersection analysis shall become a requirement of the annual
report by the developer. If and when the intersection analyses
show that a traffic siqnal is warranted. the siqnal shall be
installed by the developer within three months of a directive by
the City of Delray Beach.
22C: An intersection analysis of the intersection of S.W. 10th
Avenue/Lindell Boulevard and capacity determination for S.W. 10th
Avenue shall be submitted with each site plan for further
development in the Waterford Place DRI. Based upon such analysis
and when so determined by the City. the developer shall improve
the intersection and shall complete the four-lane section of S.W.
10th Avenue between Linton Boulevard and Lindell Boulevard.
22D: The developer shall submit plans to de-emphasize Lindell
Boulevard as a collector road with' any site plan for further
development of the Waterford Place DRI. Such plans shall
address. amonqother alternat.ives. the realiqnment of Lindell
Boulevard into the Waterford Place Office Park. Desiqns to so
de-emphasize traffic use on Lindell Boulevard may be required
throuqh site plan conditions.
Section 3. That the previous decision of the City
Commission that the proposed modifications to the Waterford Place DRI
do not constitute a substantial deviation is hereby confirmed.
Section 4. That Resolution No. 40-85, Ordinance No. 96-87,
Resolution No. 80-89, and Resolution No. 132-92 remain in effect
except as modified herein.
Section 5. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st day
of February, 1995. ~~
' MAYe,
ATTEST:
0'-' Ann<{rl!:f/(p~ IInnY
City C erk
- 3 - Res. No. 10-95
'I{
L,
J
('1l]
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE D~GUEZ'~~~)
~ ~ NG & ZONING
FROM: ST~ E. OR
PLANNER
SUBJECT: MEETING OF FEBRUARY 21, 1994
ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH THE
CURRIE RESIDENCE/OFFICE **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of a right-of-way deed associated with the
Currie Residence/Office (architects office). The project
is located on the west side of N.E. 1st Avenue, between
N.E. 1st Street and N.E. 2nd Street.
B A C K G R 0 U N D:
The subject property consists of Lot 12 Block 67, Town of
Linton, which is located within the Old School Square Historic
Arts District.
On November 16, 1994, a site plan was approved for the Currie
Residence/Office (architects office). The site plan involves
the combination of an existing single family residence and the
relocation of the offices for Robert Currie and Associates, Inc.
from 100 N.E. 5th Avenue to 134 N.E. 1st Avenue. The
development proposal requires the installation of a 5' sidewalk
adjacent to N.E. 1st Avenue. In order to provide the sidewalk,
the dedication of 5' of right-of-way along the frontage of the
property (76.5') is required.
The deed dedicating the right-of-way to the City has been
properly prepared and is ready for City Commission acceptance.
R E COM MEN D E D ACT ION:
By motion, accept the right-of-way deed associated with the
Currie Residence/Office.
Attachment:
* Location Map, Reduced Site Plan, & Right-of-Way Deed
T:CURDEED.DOC ~.O.
RIGHT-OF-WAY DEED
THIS INDENTURE made this ~ day of ~F5P1t. ,
19ft, between ~obeQ..T CL..\R~
as part ~ of the first part and the CITY OF DELRAY BEACH,
COUNTY OF PALM BEACH, FLORIDA, as party of the second part.
WIT N E SSE T H :
That said part ~ of the first part, for and in
cons ideration of the su of One Dollar ($1. 00) and other
valuable considerations paid, receipt of which is hereby
acknowledged, do~ hereby grant, remise, release, quit claim
and convey unto the party of the second part, its successors
and assigns, all right, title, interest, claim and demand which
the part "-- of the first part h~in and to the
following-qescribed land, situate, lying and being in the
County of Palm Beach, State of Florida, to-wit:
T~E" EASY h vc Fce-( C~{) O~ Lo/ /2)
E LocJ( fot} MAp ot 1~E' 7D~ o~ L/~ION
LNow S)E {RAt~ A CCclZdtN.} TD ~€ 7?LA-r ~FoFr
As ~cD'RdEd IN PLAt' .5DO~ [ PA<J-E 3 of
rJ,. PubliC- RPCDr>d5 Dr "PAl.L 13c..k. tDV,J.TY
'F LoR.. {~,
THIS Deed is made for the purpose of giving and
granting to the party of the second part, its successors and
assigns, a right-of-way and easement in and to said lands for
public highway or street purposes; and is made, executed and
delivered with the express understanding and condition that
should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to
and revest in the part ~ of the first part or assigns.
\ That this rigJt-of-way shall be subject only to those
easements, restrictions, and reservation of record. That the
part ~ of the first part agree to provide for the release of
any aqd all mortgages or liens encumbering this right-of-way.
The part ~ of the first part also agree to erect no building
or effect{?ny other kind of construction or improvements upon
the above-described property.
Part L of the first part doEL hereby fully
warrant the tit~ 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
-. --,,---- - -_.,-- - .__._-_._~. ----.. -------... . .~, 'r~_
grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed
allows or permits, the same shall include the successors or
assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and
singular the appurtenances thereto belonging or in anywise
incident or appertaining, and all the estate, right, title,
interest, and claim whatsoever of the said part Jje; of the
first part, in law or in equity to the only proper e, benefit,
and behoof of the said party of the second part, its successors
and assigns.
IN WITNESS WHEREOF, said party of the first part
ha5 hereunto set l1i~ hand and seal the date
first above written.
THE FIRST PART
(SEAL)
erz:r C:U,zfZlE.-
(Name printed or typed)
\ 100 ,v.c. Sf.!:! AY~ ·
--" .... (Address) VELt2A"I 1?>Eficf-/ I fL.
~tP:' N(c ~I"S ~3~8~
( ame printed or typed)
"
(SEAL)
(Name printed or typed) (Name printed or typed)
(Address)
(Name printed or typed)
STATE OF {Uitll17R--
COUNTY OF PAt.~ 'Oe:ACff
The foregoing instrument was acknowledged before me
this i.9~ day of DEL6ht fj~~ , I~ by
~~,~:( CUU-IE.. (name of person acknowledged),
who is personally known to me. -er Raa p:rodu\..cJ
2
~ ----..--------..,---.- -- -...- "--------- ,'~....~-,.....
(tYP8 gf iQ8RtificatigR) alii idlilRtification and who ..Q4.Q (did
not) take an oath. [JJ~ I), M&M?
Signature of Person Taking
Acknowledgment
N
P
Title or Rank
FLOR/~ Serial Number, if any
STATE OF
COUNTY OF #tL-rJ ,861Cff
The foregoing instrument was acknowledged before me
this 9-1-. day of 9M"""( , /995 by
(name of officer or agent,
title of officer or agent), of
(name of corporation acknowledging),
a (state or place of incorporation)
corporation, on behalf of the corporation. He fShe- is
personally known to me or RaC3 predl:lced idant...i..f-i{;a~n-
(type of id.er\tifi-ea~-Gn).. as
identification and f-tH-&/ did not) t022 ooth~
'" It?t '<'/
gna~ure of Person Taking
.,..t~y "I~ CAROL A. CROWEL Oowledgment
~&t, COMMISSION /I cc 427766 aJ'o/ If C;"-owe/
~ .if EXPI~~~~Al~'~~u19gg Name of Acknowledger Typed,
'l'OF f\.ijl' A'L\NTIC BONOING co., INC, Printed or Stamped
Title or Rank
Serial Number, if any
Prepared by:
Jeffrey S. Kurtz, Esq. , City Attorney, City of Delray Beach,
Florida, 200 N.W. 1st Avenue, Delray Beach, FL 33444.
rightwd.agt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # "8S - MEETING OF FEBRUARY 21, 1995
FINAL PLAT APPROVAL/COCONUT PALMS
DATE: FEBRUARY 17, 1995
This is before the Commission to approve the final plat for
Coconut Palms, a proposed six unit townhouse development to be
located at the southeast corner of Avenue C and Florida
Boulevard. This vacant parcel contains 0.55 acres and is zoned
RM (Medium Density Residential) District.
The site plan for this project was approved by the Site Plan
Review and Appearance Board on December 21, 1994. The Planning
and Zoning Board approved the final plat, subject to conditions,
on January 23, 1995. All conditions have been met.
Recommend approval of the final plat for Coconut Palms.
~LWdl on CmUJ&;~
, ~-
tl}
C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
SUBJECT: MEETING OF FEBRUARY 21, 1995
APPROVAL OF COCONUT PALMS FINAL PLAT
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Coconut Palms, a proposed
six unit townhouse development. The project is located at
the southeast corner of Avenue C and Florida Boulevard.
This final plat is being processed pursuant to LDR Section
2.4.6(J), Major Subdivisions.
B A C K G R 0 U N D:
The subject property, Lots 125 and 126 Tropic Isle 2nd Section,
was originally platted in 1956. The site is vacant. The zoning
is RM (Multiple Family Residential) which permits a maximum 0 f
12 units/acre.
In September, 1994, the applicant submitted a site plan and plat
request to develop six townhomes on the subject property. The
site plan was approved by the Site Plan and Appearance Board on
December 21, 1994. A revised plat incorporating necessary
changes was submitted also in December, 1994. The plat has been
review for technical compliance and is now ready for City
Commission consideration.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January 23, 1995. The Board recommended approval of
the final plat for Coconut Palms, subject to the following
conditions:
City Commission Documentation
Coconut Palms Final Plat
Page 2
1. Provision of verification from utility providers that
the landscaping located within the proposed utility
easement will be allowed.
2. Provision of sufficient area along the south property
line for the proposed berm.
3. Changes to the plat's title certification,
specifically ownership inconsistencies.
4. Provision of additional proposed grades within the
parking area at the pool on the engineering plan.
S. Clarification of existing grades on the engineering
plan.
Revised plans have been provided and all outstanding conditions
of approval have been met.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for Coconut Palms.
Attachment:
* Reduced Plat & Location Map
T:COCOCC_ooc
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-- DICHAJ. BASE: U,,"P SYSITM --
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t:Pt1
SUBJECT: AGENDA ITEM # <g, F. - MEETING OF FEBRUARY 21, 1995
EMERGENCY MANHOLE REPAIR/HIGHPOINT BOULEVARD NORTH AND
HIGHPOINT DRIVE
DATE: FEBRUARY 17, 1995
This is before the Commission to approve the emergency repair of
a sanitary manhole on Highpoint Boulevard North and Highpoint
Drive. The structure is approximately 13 feet deep and has a
hole in the wall near the invert allowing massive groundwater
inflow. This, in turn, has caused adjacent roadway failure. Due
to the depth of the manhole and dewatering requirements, the
repairs are beyond the capabilities of City crews. Underwater
Unlimited Diving Services, Inc. proposed to repair the structure,
without dewatering, for $12,000.
Recommend approval of the $12,000 expenditure for the emergency
repair of a sanitary manhole on Highpoint Boulevard North and
Highpoint Drive, with funding from Water and Sewer - Renewal and
Replacement - Other Current Charges (Account No. 442-5178-536-
46.90), through budget transfer from Water and Sewer - Renewal
and Replacement - Manhole Rehabilitation (Account No. 442-5178-
536-61. 84) .
~~ (')-rJ ~
.
Agenda Item No.
AGENDA REOUEST
Date: 02/15/95
Request to be placed on:
xx Regular Agenda
special Agenda
Workshop Agenda When: 02/21/95
Description of item (who, what, where, how much): Staff requests
Commission approval of a $12,000.00 expenditure for emergency repair of a
sanitary manhole on Highpoint Blvd. North and Highpoint Drive in
Highpoint section II. The structure is approximately 13 feet deep and
has a hole in the wall near the invert causing massive inflow and
undermining and collapse of adjacent roadways. Underwater Unlimited
Diving services, Inc. proposes repairing the structure without
dewatering at a cost of $12,000.00. Conventional replacement of the
structure and subsequent restoration would significantly exceed this
cost. Funding will be from R&R Account #442-5178-536-46.90, Other
repair/Maintenance Costs.
ORDINANCE/RESOLUTION REQUIRED: 'J_/NO DRAFT ATTACHED 'J_/NO
Recommendation: Staff recommends approval of expenditure for emergency
manhole repair to Underwater Unlimited Diving services. ~~
DEPARTMENT HEAD SIGNATURE: ~~t2P_6 o...,f ~f~/,_~
Determination of consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds): !!9
Funding available ES NO
Funding alternative
Account No. lie D scription
Account Balanc
City Manager Review:
Approved for agenda: @/NO tt/-i/1
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
."
MEMORANDUM
TO: David T. Harden
City Manager ~~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: EMERGENCY MANHOLE REPAIR
HIGHPOINT BLVD. NORTH
DATE: February 15, 1995
In response to a reported sinkhole on Highpoint Blvd. North
in the Highpoint section II Condominium (sketch attached)
wastewater crews discovered an existing manhole
approximately 13 feet deep with a large hole in the wall
near the bottom of the structure allowing a constant heavy
flow of groundwater into the wastewater system. Due to the
depth of the manhole and dewatering requirements, the
repairs are beyond the capabilities of City crews.
In January, we experienced a similar problem with a manhole
on Lakeview Drive and effected repairs at approximately 40%
of the cost of conventional manhole replacement by using a
repair procedure performed by Underwater Unlimited Diving
Services, Inc. The process is performed on the insitu
structure in a submerged condition thereby deleting the need
for costly dewatering} structure replacement and surface
restoration. Their proposal for repairing the manhole on
Highpoint Blvd. North is $12,000.00 (copy attached).
Based on your verbal authorization, we have directed
Underwater Unlimited to proceed with the repair on an
emergency basis. Funding will be from R&R account
#442-5178-536-46.90, Other Repair/Maintenance Costs (budget
transfer attached).
RCH: jem
c: William H. Greenwood
Michael Offie
Jackie Rooney
f: T/F city Manager
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. unlimiTED
lUlU IEMVltU, lit. Time: 9:20 AM
Date: February 13,1995 From: Thomas Churbuck
To: Jesse Barrera Phone: 407-734-1588
Company: City of Delray Boach Fax: 407-734-3614
phone: 243-7309
FAX: (407) 243-7060
SUBJECT: Leak Sealing/Repaim to Manholo REF: Cost -
February 13, 1994
Service Proposal
Underwater Unlimited Diving Services, lnc. (UUDSI) is pleased to submit the following
proposal to the City of Delray Beach, Florida for the structural repair to the manhole structure in
the vicinity of the Highpoint development.
Scope of Proposal ,
. \, UUDSl proposes the following repair services necessary to structurally repair and eliminate
I
water intrusion for the above mentioned man hole. I
Deliverables
Inspection !
UUDSJ will inspect the strueture to deteonine the extent of damage and to identify the
most effective repair t'o the structure.
The inspection will include ~;till photography, video of the structure (before and after the
repair) and a written report (,ftht: findings that will be submitted to the designated City
of Delray Beaeh representative. A copy of this report will be maintained in UUDSI's
data base for future referenc':.
Follow up Inspections
UUDSI will perfonn a rcinspcction of the repaired lIlt\llhole structure annually for a
period of 2 years.
Repair Deliverahles
UUDSI will identify all outside ......ater intrusjon to the structure. All affected areas will be
repaired using the application tedllliqtle and materials developed by l1UDSI. Tht:se are
considered permanent strllctural repairs and when completed, there will be a permanent
barrier that will protect the nanho!e from any further ground water infiltration
. UUDSl will provide all1naterials, commercial diving equiprnent, personnel and
specialized equipment to perfoml the repairs.
"Ulldi:'t.rll/er "7~11L'('riw: .& ,\IWl1f('/t((lW,:- )""!"\ if'f",\'"
_....._-_...~_.-
, .
UUDSI will guarantee ,it's repair made to manhole structures for a period of two years
after the completion of work, If during the I year warranty period a failure of the repairs
performed by DUDSI are d,~tected by either City of Delray Beach or UUDSI, the
appropriate repairs will be made to the structure by UUDSl at no cost to the City of
Delray Beach.
Co.ua
Lump Sum $12,000
-I,
..
I
2% 10 Days; Net 3D I
UUDSI's proven solution for the structural repair of manhole structure is efficient and cost
effective. Our technique combines proprietary materials specifically developed for harsh
hydraulic environments of this type, We utilize a very unique application method that combines
ial diving techniques with the physics of fluid dynamics to effect a long term permancnl .
I
. , · the structure, Because of (lur uniqll~ \:apabilities and techniques. UlJ DSlrequiJ'es that
all clients respect the confidentiality of out products and repair techniques with respect to
discussing our proprietary information with other commercial contractors.
Applicable L~w
State of Florida
d-I
l--LL --
Thomas Churbuck
Executive Vice Pre~;ident
.,
.
. ,
. .
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJt1
SUBJECT: AGENDA ITEM # ?f.G. - MEETING OF FEBRUARY 21, 1995
AWARD OF BIDS AND CONTRACTS
DATE: FEBRUARY 17, 1995
This is before the Commission to approve the award of the follow-
ing bids and contracts:
l. Bid Award to various vendors for pipe fittings and acces-
sories (annual contract) , at an estimated annual cost of
$98,036.23, with funding from W&S Distribution - Operating
Supplies (Account No. 441-5123-536-52.20) and W&S
Collections - Operating Supplies (Account No. 441-5141-
536-52.20) .
2. Purchase award - Cars and Trucks via Florida State Contract,
to various vendors at a total cost of $342,837, with funding
from City Garage - Machinery/Equipment Automotive (Account
No. 501-3312-591-64.20) , and the Construction Division
pickup from Water and Sewer - Machinery and Equipment -
Automotive (Account No. 441-5145-536-64.20) .
3. Lease agreement - one year lease agreement with Mears Motor
Leasing, for six vehicles to be utilized by the Vice
Intelligence and Narcotics Section, in the annual amount of
$30,960 from Vehicle - Rentals and Leases (Account No.
001-2115-521-44.40) .
.
~ .
~
Agenda I tern No.:
AGENDA REQUEST
Da te : 02/14/95
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 21, 1995
Descript~on of agenda item (who, what, where, how much): Bid Award -
Pipe Fittings and Accessories - Annual Contract - Award to Various vendors
at an estimated annual cost of $9R,016.23
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Award to various vendors at an estimated annual cost
of $98.036.23 from accounts 441-5123-536 52.20 and 441-5141-536 52.20
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative~ (i~liCa~ e.s
Account N. o. & Des Cf.$lr , :-510-':?%',13'"]..--7<) t$/IZ..- . ~f1-{
Account Balance: I ,~
, / . ~ 14/~E;~;7162-'~ WA-sT~ WT1Z-C{)U-. crerz-
C~ ty Manager Rev~ew: /_". Ilf( q 2, SM1 (I UE5
Approved for agenda: /YE~ NO t917
Hold Until: L-/ .
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
-
-
M E M 0 RAN DUM
TO: David T. Harden, city Manager
THROUGH: Joseph saffo~nce Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE: February 14, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 21, 1995 - BID AWARD - BID 95-09
PIPE FITTINGS & ACCESSORIES - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to award to make multiple awards to
vendors as listed below for the purchase of pipe fittings and accessories,
at an estimated annual cost of $98,036.23.
Background:
The Water & Sewer Network Division has need of an annual contract for pipe
fittings and accessories with funding from their operating expense budget.
Bids were received on January 24, 1995, from twelve (12) vendors, all in
accordance with City purchasing procedures. (Bid #95-09. Documentation
on file in the Purchasing Office.) A tabulation of bids is attached for
your review.
The Director of Environmental Services has reviewed the bids, and
recommends multiple awards, per attached memo and highlighted tab sheet.
Vendor Estimated Annual Cost
Melrose Supply & Sales Corp. $ 9,904.68
Coastal Wholesale 300.55
Champion of Ft. Lauderdale 677.80
Sunstate Meter & Supply 30,027.60
A & B Pipe and Supply 28,921.40
D & S Industrial 11,831.27
Sav-On Utility Supplies 772.05
Ferguson underground 4,939.48
Southeastern Municipal Supply 7,581.40
Professional Supply 3,080.00
Total $ 98,036.23
Recommendation:
Staff recommends multiple awards to vendors as stated above.
Attachments:
Tabulation Of Bids
Recommendation Memo/Award Recommendations
cc: William Greenwood
Dick Hasko
Mike Offie
Leon Slydell
-
.
~
M E M 0 RAN DUM
TO: Joseph Safford, Finance Director
of Environmental Services ~~~
THROUGH: William Greenwood, Dir.
THROUGH: Dick Hasko, Deputy Dir. Public Utilities ~ t%
FROM: Mike Offie~Pt. Water/Sewer Network
DATE: February 10, 1995
SUBJECT: Bid #95-09
Pipe Fittings and Accessories
Annual Contract
On February 09, 1995, a meeting was held with Leon Slydell, Storekeeper
II, Jacklyn Rooney, Senior Buyer, and myself to review the bids received
for the annual contract for pipe fittings and accessories. These
commodities are inventoried in the warehouse.
Attached is the Tabulation of Bids, and our award recommendations. Awards
were made by group totals with the exception of group #22, which is to be
awarded individually per item, in order to receive more competitive bids.
This group contains miscellaneous items which are not supplied by all
vendors.
Total estimated annual cost is $98,036.23
cc: Leon Slydell
Jackie Rooney
jl I
,
~
~
PIPE FITTINGS AND ACCESSORIES
BID II 95-09
AWARD RECOMMENDATIONS
Group Est. Annual
II Description Vendor Cost Connnents
-
l. Irrigation Systems Melrose SUpply & $ 9,475.89 Low Bidder
Sales Corp.
2. Adaptors Coastal Wholesale $ 300.55 Low Bidder
3. Bends Champion of Fort $ 455.50 Low Bidder
Lauderdale, Inc.
4. Pipe Fittings _ Suns tate Meter & $11 ,215. 05 Low Bidder
Brass/Copper SUpply, Inc.
5. Corporation/Curb A & B Pipe and $12,542.00 Low Bidder
Stops SUpply Company
6. BUshings Champion of Fort $ 222.30 Low Bidder
Lauderdale, Inc.
7. Caps D & S Industrial $ 172. 50 Low Bidder
Plastics, Inc.
8. Clamps A & B Pipe and $ 1,422.20 Low Bidder
SUpply Company
9. COUplings Melrose Supply & $ 428.79 Low Bidder
Sales Corp.
10. Ells D & S Industrial $ 223.80 Low Bidder
Plastics, Inc.
II. Nipples Ferguson Underground $ 483.05 Low Bidder
12. Pipe - Copper/ D & S Industrial $ 659.70 Low Bidder
Galvanized Plastics, Inc.
13. Pipe - PVC/ Poly, D & S Industrial .$10,068.82 2nd Low Bidder _
Plastic Plastics, Inc. Low Bidder (Juno Industries)
did not meet specifications
as required.
14. Pipe COuplings Ferguson Inderground $ 2,576.43 Low Bidder
15. Inserts Sav-On Utility $ 772.05 Low Bidder
Supplies
16. Gaskets/Glands Southeastern $ 735.10 Low Bidder
Municipal Supply
17. Plugs D & S Industrial $ 1 77 . 90 Low Bidder
Plastics
18. Risers Sunstate Meter & $18,812.55 Low Bidder
SUpply, Inc.
19. Service Saddles Southeastern $ 5,802.60 Low Bidder
Municipal SUpply
,
.
~, Award Recommendations Cont.....
Group Est. Annual
1/ Description Vendor Cost Comments
20. Tees D & S Industrial $ 528.55 Low Bidder
Plastics Inc.
21. Valves A & B Pipe And Supply $14,561.60 Low Bidder
Company
22. Misc. Items to be awarded individually:
Item 1/ 247 "Y" Branch A & B Pipe And Supply $ 395.60 Low Bidder
-iY- -----
1/ 248 Turn on Key Southeastern Municipal $ 140.00 " "
---~
" 1/ 249 Key Curb Stop " " " $ 140.00 " "
~~._..~-- ~_. - .
" 1/ 250 WYE PVC SDR 35 " " " $ 60.00 " "
DWV 4"
" 1/ 251 WYE PVC DWV 6" " " " $ 155.10 " "
---
" 1/ 252 Push Pipe 8x8x6" " " " $ 140.50 " "
" If 253 WYE PVC DWV 8x6" " " " $ 408.10 " "
II 1/ 254 Back Flo Preventer
1 1/2" Ferguson Underground $ 1,880.00 " "
" /I 255 Back Flo Preventer
2" Professional Supply $ 2,040.00 Tie Bid w/Ferguson
Award to Professional
Supply - Local~Y~~~~T
" /I 256 Back Flo Preventer
1" Professional Supply $ 1,040.00 Low Bidder
(Group 1/23 -Awarded to Ferguson Underground by City Commission 02/07/95)
Total Estimated Annual
Cost to City of Delray $ 98,036.23
TOTALS PER VENDOR:
Melrose Supply & Sales Corp. $ 9,904.68
Coastal Wholesale 300.55
Champion of Ft. Lauderdale 677 . 80
Sunstate Meter & Supply 30,027.60
A & B Pipe and Supply 28,921. 40
D & S Industrial 11,831.27
Sav-On Utility Supplies 77 2.05
Ferguson Underground 4,939.48
Southeastern Municipal Supply 7,581.40
Professional Supply 3,080.00
$ 98,036.23
,
,
,
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[ITY DF DELIAY BEA[H
DELRA Y BEACH
F lOR I D A 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
AII.America City
'II~! MEMORANDUM ~
David T. Harden, City Manager
4 v. Sandell, FleetlFadl;ty Ma;nlcnanc, Snperintond ~
199from:
Thru: obert A. Barcinski, Assistant City Manager
Date: February 17, 1995
Subject: DOCUMENT A TION - CITY COMMISSION MEETING -
February 21, 1995 - PURCHASE AWARD
CARS AND TRUCKS
Action
The City Commission is requested to make multiple awards to finns as listed below for cars and trucks, at a total cost
of $342,837.
Background
Funds were placed in the FY 94-94 budget for vehicles for various departments and divisions under the direction of
the Fleet Maintenance Division of the Public Works department.
Cars and trucks are available via Florida State Contracts as listed on attached work sheets.
The Fleet Superintendent and the Deputy Director of Public Works have reviewed the contracts and recommend
awards as stated below.
Recommendation:
Staff recommends multiple awards via Florida State Contracts to dealers, as follows:
Vehicle Dealer Quantity Total Cost
Chevy C2500 3/4 ton P/U w/Utility Body Maroone Chevrolet 5 $115,390.
Chevy C2500 3/4 ton Pickup Maroone Chevrolet I $23,257.
Chevy C3500 1 ton Pickup Crew Cab Champion Chevrolet 1 25,975.
Chevy Cavalier Compact 4-DR Sedan Maroone Chevrolet 4 49,132.
Ford Bronco Large Utility Vehicle Don Reid Ford 2 44,482.
Ford F-700 23,000# dump truck Atlantic Ford 1 35,988.
Ford Taurus Mid Size 4-DR Sedan Don Reid Ford 2 27,856.
Chevy C2500 3/4 ton Pickup Maroone Chevrolet I 20,757.
$342,837.
Attachments:
Memo from Public Works
Contract Work Sheets
CC: Richard Corwin Deputy Director Public Works
95VEH04.DOC
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
" ,
.
[IT' DF DELIA' BEA[H
DELRAY BEACH DELRAY BEACH, FLORIDA 33444 407/243-7000
f lOR IDA 100 N.W. 1st AVENUE . .
........
AII.America City
"IU~ Memorandum
Joseph Safford, Finance Director #
199}'rom: Richard V. Sandell, Fleet/Facility Maintenance Superinten
Thru: Richard Corwin, Deputy Director Public Works
Date: February 17,1995
Subject: REPLACEMENT VEHICLES
Please initiate proceedings to purchase replacements for the City the vehicles described below.
Specifications and pricing have been taken from the Florida State Contract as referenced by page
number and commodity number.
The old vehicles will be disposed of at auction. We have discussed this replacement with
referenced departments and are in compliance with their needs in this request. One additional
vehicle has been requested for the Construction Division.
Vehicle # Department # Department Description Purchase Replacement Est Current Maint
Year Year Life Mileage Cost
(Yrs)
376 2721 BUILDING INSPECTION DODGE/OMNI-AMERICA 1987 1994 7 49,804 12,849
378 2721 BUILDING INSPECTION DODGE/OMNI-AMERICA 1987 1994 7 28,389 12,001
381 2721 BUILDING INSPECTION FORD/TEMPO 1986 1993 7 61,709 18,717
385 2741 CODE ENFORCEMENT FORD/TEMPO 1986 1993 7 30,610 14,569
444 5144 L1FTSTATION FORD/F-250 UTILITY BODY 1984 1994 10 24,597 11,823
MAINTENANCE
446 5144 L1FTSTATION FORD/F-250 UTILITY BODY 1984 1994 10 41,462 13,888
MAINTENANCE
657 3 J J 3 STREET MAINTENANCE GMC/6000 TRASH BODY 1979 1994 15 25,000 18,878
702 4131 PARKS MAINTENANCE DODGE/CUSTOM 350 CREW 1985 1995 10 35,860 17,723
CAB
706 4131 PARKS MAINTENANCE FORD/F-250 1983 1993 10 25,869 11,107
707 4131 PARKS MAINTENANCE FORD/F-250 1983 1993 10 59,412 22,857
709 4131 PARKS MAINTENANCE DODGE/D-250 1985 1995 10 55,173 21,661
717 4131 PARKS MAINTENANCE FORD/F-250 UTILITY BODY 1985 1995 10 56,111 20,796
718 4131 PARKS MAINTENANCE GMC/SIERRA 6000 DUMP 1979 1989 10 62,308 25,512
770 4111 PARKS AND REC ADMIN PONTIAC/BONNEVILLE 1986 1993 7 46,603 11,317
773 4131 PARKS MAINTENANCE FORD/F-250 UTILITY BODY 1984 1994 10 53,392 26,732
774 4131 PARKS MAINTENANCE DODGE/D-250 1984 1994 10 38,170 18,271
95VEHOl.DOC
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
. ,
-
REPLACEMENT VEHICLES 02/17/95 Page 2
778 4131 PARKS MAINTENANCE DODGE/D-250 1985 1995 10 59,005 21,086
779 4131 PARKS MAINTENANCE FORD/F-250 1984 1994 10 38,498 21,248
8701 2311 FIRE ADMINISTRATION FORD/CROWN VICTORIA 1987 1994 7 69,412 13,038
8803 2311 FIRE ADMINISTRATION FORD/CROWN VICTORIA 1988 1995 7 60,000 10,248
The overall condition of all these vehicles is below the performance and appearance standards
currently maintained by the City Garage and beyond economical recovery. The safety features,
technological and environmental advancements provided with the new equipment justify
replacement at this time. All these vehicles have been extended beyond their original life
expectancy according to goals and standards adopted by the City Garage.
See attached spreadsheet for replacement vehicle specifications.
Funds for this purchase are available in account # 50133125916420 and the Construction
Division pickup, from account #441-5 1 45-536-64J1l.
W
CC: Richard Corwin Deputy Director Public Works
Robert Barcinski Assistant City Manager
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Agenda I tern No.:
AGENDA REQUEST
Date: 2/17/95
Request to be placed on:
X Regular Agenda Special Aqenda Workshop Agenda
When: 2/21/95
Descriptlon of agenda
a re men Le
lntelli ence and Narcotics Section in
~unt number OOl-2115-521-44~ .,_~
ORDINANCE/ RESOLUTION REQUIRED: Y2S~ Draft Attached: YES/NO
Recomrr.enda tion:
Department Head Signature: A?~~~~ ~II~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternatives: .~if appliA~)_h'~
Ac c oun t No. & De s ~' Wt=::"41 S.-5~ V EIt(CtE -Kt::.N If\I.b" i-<" """
Account Balance: ~.
City Manager Review:
Approved for agenda: @/ NO #1v1
Hold Until: VI. I
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
, .
[IT' DF DELIA' BEA[H
DElRAY BEACH
I LOR I 0 "
tw.ez'II 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
, III I!
1993 MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 2/21/95
APPROVAL VEHICLE LEASE FOR V1N SECTION
DATE: February 16, 1995
ACTION
City Commission is requested to approve a one year lease agreement with
Mears Motor Leasing for six vehicles to be utilized by the Vice Intelligence and
Narcotics Section in the amount of $30,960. Funding to come from account
number 001-2115-521-44~
BACKGROUND
The Police Department currently utilizes six vehicles for undercover work. Five
of these vehicles are owned by the City and one vehicle is leased. The City
owned vehicles are on a normal seven year replacement cycle. In the past, the
department has been able to utilize confiscated vehicles for this work which
permitted flexibility in tumover of vehicles. However, this option has become
almost non-existent.
The problem with owning vehicles is turnover frequency. Use of a vehicle for
undercover work over a one year period seriously compromises the ability of
agents to do their job, as the vehicles being used become known by the
criminals. In addition, officer safety is compromised.
The department currently rents one vehicle at a cost of $575 per month from
Consumer Car Rental. This vendor has indicated that the price to lease
vehicles would be the same as the current rental charge. Other vendors were
contacted and the average price quoted was $500 - $600 per vehicle.
@ Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS
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Agenda Item #
Page 2
The Mears Motor Leasing proposal at $430 per vehicle/per month will allow the
department to tum these vehicles over every six months. The mileage
allowance is within current average use. The City garage estimates salvage
value of the City vehicles that will be replaced at $31,600. Lease payments
would be made to the vendor versus the City Garage. The current rental
charge for these vehicles with the City garage is $575 per month.
We feel that the lease option is appropriate for this use (i.e., undercover work).
RECOMMENDATION
Approve lease of six vehicles from Mears Motor Leasing at $430 per vehicle/per
month, total cost $30,960.
RAB:kwg
File:g:agenda
Doc.: V ehic1es. VIN
, DELRAY BEACH
, l 0 . I D "
Delray Beach Police Department tI.ftd
All-America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , III I!
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM
1993
TO: Assistant City Manager R.A. BarCin~
FROM: Administrative Officer D. Junghans
DATE: February 16, 1995
SUBJECT: LEASE VEHICLE
The Department is in the process of contracting with Mears Motor Leasing in Orlando, Florida
for the lease of six (6) vehicles for Vice, Intelligence and Narcotic Section (V.I.N.S.) Attached
you will find a copy of the Mears proposal for the cost of the vehicles. Mears will be leasing the
vehicles to the Department at a cost of$430.00 per vehicle, per month.
It has been determined by the Department, after researching the current costs to the City, that
leasing vehicles for V.I.N.S. will accomplish two (2) things; first it will save the City the money,
and secondly it will provide for better and safer undercover operations by the section.
The Department has looked at other lease/rental agencies in an effort to get the best leasing price.
All the agencies we have been in contact with are higher. Attached you will find a copy of a
proposal from Consumer Car Rental which indicates the montWy charge to lease a vehicle would
be $575.00. We have found this is indicative of price quotes we have received from other
agenCIes. ,
Should you or the City Manager have any additional questions concerning these lease vehicles,
please do not hesitate to contact me at ext. 7852.
vIs
cc: ChiefRG. Overman
. --
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:":,"
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MEARS ' :~ "..
MOTOR '):,:.
UNDERCOVER VEHICLES LEASING:: ':
AUTOMOBILE, PICK-UP TRUCKS, AND VANS
-
'.
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,,' ,,.
1) I.mn. Twelve (12) Months. Vehicles to be cycled with new units after six months service. - ,,'
2) Mileage Allo~ - 10.000 miles per unit. per six month cycle. 0.666 miles per month, per . '~l...:
-,
vehicle). OvermiJeage is IO~ per mile. ,
, ,
.,' ..
..
3) ~- A mix of cars, pick-up trucks, vans (passenger or work) .
4) Equipment - All automobiles equipped with preferred packages. All trucks with equal
equipment except power seats.
5) Substitute Vehides - Mears Motors Leasing will provide substitute units for replacettlent if
a vehicle's security is compromised Replacement is based on the number of vehicles in ' "
service. '.
.
6) Radio &. Surv~ance Equipment - Radio and sl.llveillance equipment may be utilized if no -
visible dam'Bt' is incurred (ie. holes in dash. scratches. dents. etc.) "
7) Wmdow Tmting - Wmdow tinting may be ntiJi7'OO ifit is installed at departments expense and .
removed before vehicle turn-in. "
.
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8) Emergency Break Down - Mears Motor Leasing's Service Manager is available at any
reasonable time to resolve emecgency situations. A loan car will be provided to accommodate ..
any such situation. .. '
9) Pick up and Return - DeJray Beach Police Department will be responsible for the pick up and
return of all vehicles to Mears' Orlando location, ~t in emergency situations.
10) Insunmce - Delray ~ Police Department will provide all necessary insurance. In case of
a total 1088, the vehicle shall be replaced as per Schedule" A". - .',
, ,
11) InitiaJ Delivery Tune - Vehicles are subject to factory order, with the Department's purchase "
order. Delivery takes six (6) to eight (8) weeks. . ,
, "
12) Cost - The monthly cost will be $430.00 per vehicle. Tag fee included. , '
0', .
, I . ,
SALES. LEASING -SERVICE , .
3Q05 EL. REV ROAD, ORLANDO. FL.ORIDA 32aoe. FAX 407-578-4924 · PHONE 407 295-2982
. '
TnTOI P _ t;l?
. o . 11-:\~~
:.;",,.. ~ 'l....."" . JAr I) "
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,...,YO)
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Chief Richard E. Overman
FROM: Captain Edward M. Morley ~ .
Investigative Division Commander
DATE: January 20. 1995
SUBJECT VEHICLES: VICE. INTELLIGENCE & NARCOTICS SECTION
The VIN Section is experiencing a problem in its ability to conduct covert
undercover operations. This problem has to do with the vehicles we are
currently operating. These vehicles have become known to our clientele
and are no longer useful for surveillance or undercover drug
transactions. Currently the estimated life of these vehicles is seven (7)
years as determined by the City garage. This may work for our
investigators' vehicles but not in an undercover operation such as VINS.
The problem is any period of time over a year seriously compromises the
ability of the agents to do their job within the City. as the vehicles
become known even if the agents are changed.
We have worked out a possible solution that would not cost any
additional money and will save the Department money while meeting the
needs of the section.
There are six (6) vehicles used by the VIN Section on a daily basis; using
the figures supplied by the City garage the total vehicle costs for these
vehicles for 1995 equals $31. 705. this figure includes the rental cost of
$575 per month for a car leased by the section.
In researching our options the only way to prevent this vehicle burn-out
problem is to be able to change vehicles on a regular basis. This can be
accomplished by purchasing new vehicles yearly. which at this time is
not feasible. or by a rental/lease program. We have researched different
lease/rental options and have found the Mears Motor Leasing company
to offer the best one.
. . .
.
"
They have successful programs in place in a large number of agencies
throughout Central Florida. They also have the ability to provide a wide
range of vehicles, tIucks, vans, and cars at a rate of $430.00 dollars per
month per vehicle. TIlis would come to a total of $30,960.00 per year, a
saving of seven hundred and forty-four dollars ($744.00).
This does not include the $31,600.00 salvage value determined by the
City garage that the currently owned vehicles could bring at auction.
The only draw back is that the Mears company is located in Orlando and
we would have to pick up and return the vehicles. This can be
coordinated by the unit so as to not disrupt our operations. There is no
other company in South Florida that we have found that offers these
benefits at a comparable cost.
City Garage FY 95 projected costs
Total Vehicle
Unit Year Mileasre Cost Salvasre Value
1119- 1991 85,000 4,736 Seized 8,700
1219 1992 52,000 3,364 7,450
1220 1992 49,000 3,364 7,450
1921 1989 64,000 5,227 Seized 3,000
1924 1989 79,000 8,114 Seized 5,000
Rental 1994 6,900
Total 31,704 31,600
The benefit of this type of set up seems to be the best possible solution to
our unit's problem. We will have the option of. trading the vehicles on a
six (6) month or one (1) year basis without incurring any additional costs.
Your consideration and input in this matter is appreciated.
. I ~ ..
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DELRA Y BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Captain Edward M. Morley
Investigative Division Commander
"
FROM: Lieutenant Ralph J. Phillips, Jr.r4'.
Vice, Intelligence & Narcotics Section
DATE: January 17,1995
SUBJECT: VEHICLES - VICE, INTELLIGENCE AND NARCOTICS SECTION
============================================================
On Friday, January 13. 1995, I had a conversation with Fleet/Facilities
Superintendent Richard Sandell, about the replacement of vehicles utilized by
Vice, Intelligence and Narcotics (V.I.N.) undercover agents. Currently agents are
using three previously seized vehicles, two vehicles purchased by the City, and
one rental car. The information on these five vehicles is as follows:
UNIT#: VEHICLE MILEAGE
1921 1989 Ford Mustang (seized) 64,000 I
1924 1989 Toyota pickup (seized) 79,000
1119 1991 Toyota pickup (seized) 85,000 I
1219 1992 Chevy Lumina (purchased) 52,000
1220 1992 Chevy Lumina (purchased) 49,000
The Section, also on occasion, uses a seized 1989 Ford pickup and a seized
1986 Honda CRX for undercover purposes. A 1986 Chevy panel van has been
utilized as a rudimentary surveillance vehicle for nine (9) years; although it has
never been equipped with proper electronic equipment for surveillances.
During our conversation on Friday, Mr. Sandell told me he was replacing unit
1924 and the panel van, and that the purchase request for two similar type
vehicles was about to be placed. As this was the first I had heard this news, I
asked Mr. Sandell if he could delay or cancel the order.
The V.I.N. Section cannot operated under the same guidelines as the rest of the
Investigative Division. The Section cannot be expected to conduct covert
operations in the same vehicles for seven (7) years, the time appropriated for
detective vehicles.
Agents have been rotated out of the Section in order to get new faces to work
undercover, but the new agents are driving the same cars as past agents. The
problem is illustrated daily in certain neighborhoods where drug dealers will flag
down cars for drug sales until our "undercove;' cars pull up. Before the dealers
ever see the agents they are walking away from the street corner.
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SUBJECT: VEHICLES - VICE. INTELLIGENCE AND NARCOTICS SECTION
DATE: January 17, 1995
PAGE: 2.
On larger scale investigations, gamblers and drug traffickers who were sent to jail
three or more years ago, are now coming out of jail and getting back into illegal
activity. They are immediately recognizing the same cars following them as when
they were originally arrested. This is not productive or acceptable.
With the exception of the rental car, the other five vehicles used daily by agents do
not have an air bag restraint system or anti-lock brakes, both of which would be
useful considering the somewhat risky moving surveillances routinely conducted
by vice agents. These vehicles also have relatively high mileage thereby
reducing reliability, especially on longer duration surveillances such as those
conducted in the past to Gainesville and back and routinely down to the Miami
area.
Furthermore, we do not need to replace the Chevy van with another stripped panel
van. If the purpose is for surveillance, which it is, then we need to purchase a
surveillance vehicle. We have hindered investigations, lost potential evidence,
and put agents at risk and discomfort for nine years now by being penny wise and
dollar foolish. I am strong advocating we do not purchase anymore vehicles for
undercover purposes, with the exception of a realistic and fully equipped
surveillance van. I suggest undercover vehicles should be leased from an agency
such as Mears Motor Leasing in Orlando (see attachments) which has dealt with
law enforcement agencies for years.
For forty-eight hundred dollars a year ($400.00 per month) per car atents would
be utilizing a new, full factory warrantied vehicle with no mileage, the atest safety
equipment, and the ability to have an assortment of 'fully equipped cars and
trucks, rotated yearly to protect the integrity of undercover investigations and
agents. The only maintenance costs would be two oil changes and possiblva tire
rotation and alignment.
Compare this to the 1989 Mustang I currently operate at an estimated 1995 cost
to the Police Department of $5,195. Even if some of the cost is only "on paper"
the intangibles easily show leasing as the way to go if the insurance problem can
be worked out (see attached memo to Lee Graham).
I am emphatically requesting that you halt the purchase by the City Garage of the
replacement vehicles for Units 1924 and 1614 until this matter can be resolved. If
feasible, I would like to meet with yourself, David Junghans, Richard Sandell and
possibly even Chief Overman and City Manager David Harden to prevent us from
spending money on inappropriate vehicles and working towards a better system
more conducive to vice and n.arcotic type investigations.
RJP:rh
Attachments
if l('/J- Lft1//'l /a..;o ,T ~,.. c~.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9. //. - MEETING OF FEBRUARY 21, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: FEBRUARY 17, 1994
Attached is the Report of Appealable Land Use Items for the
period February 6 through February 17, 1995. It informs the
Commission of the various land use actions taken by the designa-
ted 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.
~ ~ j1ul .Lj~o
I(
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CIVi)
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~M:NG~ IRECTOR
~ARTMENT OF, PLANNING AND ZONING
{hmln ~
FROM: ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF FEBRUARY 21, 1995
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 6, 1995 THRU FEBRUARY 17, 1995
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of February 6, 1995, through
February 17, 1995.
BACKGROUND:
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 February 21, 1995
Page 2
PLANNING AND ZONING BOARD
No Regular Business meeting was held during this period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 8,
1995
A. Approved (7 to 0) , a request for an elevation change
for the addition of an awning at Bono's Pit Bar-B-Que,
located within the Linton Square Shopping Center which
is located at the northeast corner of Congress Avenue
and Linton Boulevard.
B. Approved ( 7 to 0) , with conditions the site plan,
landscape plan and architectural elevation plan for
Dolphin Bay, a proposed 12 unit condominium, located
on the west side of Venetian Drive, between Ingraham
and Bay Street.
C. Approved (7 to 0) , the landscape plan and
architectural elevation plan (entranceway features)
for the Delray Beach Municipal Cemetery expansion,
located at the northwest corner of S.W. 10th Street
and S.W. 8th Avenue.
D. Tabled (7 to 0) , the site plan, landscape plan and
architectural elevation plan for Delray Park of
Commerce - Tract B, a proposed 39,127 sq. ft.
multi-tenant industrial building of which a
distribution facility will occupy 25,000 square feet.
The Board tabled the item so that the applicant may
readdress several design features relating to the site
plan, landscape plan and the building elevations.
E. Approved (4 to 3) , a request for a color change to
allow a Mural on the east and west face of the 700
Block Plaza building, located on the south side of
West Atlantic Avenue, between SW 7th Avenue and SW 8th
Avenue.
HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 15, 1995
1. Approved (4 to 0) , with conditions a Certificate of
Appropriateness and the landscape plan, associated
with the construction of a duplex structure (Keller's
Property) on a vacant parcel located at the southeast
corner of N.E. 2nd Avenue and N.E. 5th Street.
City Commission Documentation
Appealable Items Meeting of February 21, 1995
Page 3
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
.
LOCATION ~AP FOR
CITY COMMISSION MEETING
OF FEBRUARY 21 t 1995
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CITY LIMITS ----.---
A. - e<lNO'S PIT 8-AR-Q-~UE 1. - KELLER PROPERlY
B. - DOLPHIN BAY CONDOMINIUMS
I MILE J C. - DELRAY BrACH CaAEfERY
I D. - OaRAY PMK OF COMMERCE
SCAlE TRAClB
E.. - WEST A1lANTIC MURAl
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-
CITY OF llELRAY BEACH, FL
PlNtNlNC DEPARRIDlT
-- OIGtrAL I14SE" UAP Sl'S7BI --
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q. B. - MEETING OF FEBRUARY 21. 1995
EXTENSION OF APPROVALS FOR KEYSTONE CREATIONS
DATE: FEBRUARY 17, 1995
This is before the Commission to consider a request for an
extension of the conditional use and site plan approvals for
Keystone Creations. The project is a monument and stone cutt,ing
operation to be located on a .081 acre parcel of land on the east
side of N.W. 18th Avenue, north of N.W. 1st Street.
One of the original conditions of approval was that all of the
improvements be constructed within eighteen ( 18) months from the
date the City Commission approved the conditional use (September
28, 1993) . The development plans provide for the construction of
two buildings, an outside storage area, parking and associated
landscaping. None of these improvements have been installed
to-date. Hence, the development approvals will expire on March 28,
1995, unless an extension is granted.
A letter requesting an extens ion wa s timely submitted by Keystone
Creations. They indicate that while there have been unforeseen
delays, they are now ready to apply for building permits and the
project can be constructed within 18 months. Please refer to the
staff documentation for a detailed analysis.
Since the City Commission granted the original approval for the
conditional use, and the site plan is tied to that approval, the
Commission is the appropriate body to consider the extension
request. It has not been reviewed by the Planning and Zoning Board
nor the Site Plan Review and Appearance Board.
Recommend granting the extension for the conditional use and site
plan approvals for an additional 18 months, subject to the
development time frames contained in the documentation from the
Planning and Zoning Department.
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61
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~N~~~
DIRECTOR OF PLANNI G ZONING
FROM: ~K~LANNER
SUBJECT: MEETING OF FEBRUARY 21, 1995
REQUEST FOR AN EXTENSION OF A CONDITIONAL USE AND SITE
PLAN APPROVAL FOR KEYSTONE CREATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
grantinq an extension of a Conditional Use and Site Plan
approval for Keystone Creations.
The project is a monument and stone cutting operation on a
parcel of land containing approximately .081 acres. The
subject property is located north of N.W. 1st Street, on
the east side of N.W. 18th Avenue.
B A C K G R 0 U N D:
Currently, the site contains a wood frame structure and a stone
cutting saw for Keystone Creations, however the use of a
monument and stone cutting business has never been legally
established. The subject property has a long and controversial
land use history, and the most recent history is provided below:
On September 28, 1993, the City Commission approved a Conditional
Use request for Keystone Creations for the establishment of a
monument and stone cutting business subject to conditions.
On March 9, 1994, the Site Plan Review and Appearance Board
approved a site and development plan for Keystone Creations
subject to conditions.
One of the conditions f or both approvals was "that all of the
improvements indicated on the approved site plan be constructed
within eighteen months from the date of Conditional Use
approval". This condition was attached in-lieu of the standard
provisions for establishing projects contained in Section
2.4.4(D), which states that the project is vested if 25% of the
improvements are installed.
City Commission Documentation
Conditional Use and Site Plan Extension for Keystone Creations
Page 2
The site and development plans for Keystone Creations provide
for the construction of two buildings, outside storage area,
parking, and associated landscaping (see attached site plan) .
The larger of the two buildings would be two stories. The first
floor is to contain an office area and warehouse, and the second
floor storage of materials (stone which is currently being
stored outside on the site, and finished product). The smaller
building located to the rear of the property would be one story
containing the two stone cutting saws and lathe, and storage
area (stone waiting to be processed).
None of the above mentioned improvements have been installed to
date, thus, the Conditional Use and Site and Development Plan
approval will expire on March 28, 1995 unless an extension is
granted.
Additional background information and full analysis of the
development proposals can be obtained upon request from the
Planning Department.
E X TEN S ION A N A L Y S I S .
.
Pursuant to LDR Section 2.4.4(F) (Extensions), extensions may be
granted to a previously approved application pursuant to the
following:
* A written request for an extension must have been
received by the City at least forty-five (45) days
prior to the expiration date;
* The letter must set forth the basis and reason for the
extension;
* The extension shall be considered by the same body which
granted the original approval;
* The extension, if granted, shall be for eighteen (18)
months unless otherwise stated.
Additionally, when an extension is requested for a project on
which construction has not commenced, the granting body must
make findings as outlined in Article 3.1 of the LDRs. These are
the same findings that were made for the original approval,
which relate to Consistency with the Future Land Use Map and
Comprehensive Plan, Concurrency, and Compliance with the Land
Development Regulations.
The letter of request (copy attached) was submitted by Keystone
Creations in a timely manner, and states the following:
City Commission Documentation
Conditional Use and Site Plan Extension for Keystone Creations
Page 3
"...it is unrealistic to obtain the necessary approvals
(conditional use, site plan and plat) , draw the plans,
obtain permits, and then build and complete a project
within the 18 months required by the City of Delray
Beach...... There are always unforeseen situations that
arise and cause untimely delays.... The plat was submitted
with all the required signatures, December 7, 1994. Due to
unforeseen delays it has taken over a year just to get to
this point..... The owner has been aggressively trying to
obtain financing. It has taken over nine months to
successfully resolve that situation. Another problem that
held up progress since Conditional Use approval was the
mortgage holder would not sign and return the plat."
There have been no changes in the Land Development Regulations
since the time of the original approvals which would make any
aspect of the proposed monument and stone cutting business
non-conforming. Similarly, a finding of concurrency can be made
for this project with respect to the Level of Service Standards
[LDR Article 3.1].
As stated in the Background section of this report, no
construction has commenced to date. The applicant has obtained
conditional use approval as well as site plan approval subject
to conditions. Most of the conditions were technical in
nature, and have been addressed with revised plans. There are
however several conditions which should be noted and are
discussed below.
Both approvals contained a condition that a cash payment be made
that is equivalent to the cost of improving the section of N.W.
18th Avenue which directly abuts the property. The applicant
requested a waiver from this condition as he contended that the
street previously existed in good condition, and the City
allowed the street to deteriorate to its present condition
(shellrock) .
At its meeting of October 26, 1993, the City Commission denied
the waiver request unless staff determined through core samples
that an appropriate road base previously existed. Staff has
concluded that a standard base did exist at one time. Thus,
this condition is no longer applicable, and upgrading of the
road to current standards is not required.
In addition to the above, both approvals were conditioned on a
plat being processed pursuant to Chapter 5 of the LDRs. All
conditions of the plat have been addressed, and the plat is
ready for final action by the City Commission pending the outcome
of this extension request.
Thus, the only outstanding condition of approval for both
actions is the condition that all of the improvements indicated
on the approved site plan be constructed within eighteen (18)
months from the date of Conditional Use approval.
City Commission Documentation
Conditional Use and Site Plan Extension for Keystone Creations
Page 4
The owner has indicated that they are ready to apply for
building permits, and that the project can be constructed within
18 months.
If the request for the extension is denied, it would necessitate
the filing of a new Conditional Use request and site plan. As
the project has already been reviewed for compliance with the
LDRs there would be minimal, if any, significant changes to the
previously approved site plan. Thus, it appears that little
would be gained by requiring the applications to be processed
allover again.
Since all of the development approvals have been granted (except
for the plat which is ready to be scheduled for approval), and
all of the major problems and issues with the development
proposal 1. e. extension of the sewer main, requirements to
improve NW 18th Avenue, processing a plat, landscape buffers,
etc. have been resolved, it may be more beneficial for all
parties involved to grant the extension as requested.
PLANNING AND ZONING BOARD/SPRAB CONSIDERATION:
Since the City Commission is the body which granted the original
approval for the Conditional Use, and the site plan is tied to
that use approval (both of which are being requested to be
extended) , neither the Planning and Zoning Board nor SPRAB have
reviewed this request.
ALTERNATIVE COURSES OF ACTION:
1. Deny the request on the basis that construction in the
field has not been diligently pursued. Such an action will
necessitate the filing of a new Conditional Use Application
and site plan.
2. Grant an extension request for both the Conditional Use
and site plan for an additional 18 months with the
following conditions of approval affixed:
A. That the plat be approved and recorded by May 1, 1995.
B. That a full building permit application and building
construction plans be submitted for plan review by
June 1, 1995.
C. That in-field construction commence by August 1, 1995.
D. That all the improvements as shown on the site and
development plans be constructed by August 21, 1996
[in-lieu of the standard provision for establishing
projects contained in Section 2.4.4(D)].
City Commission Documentation
Conditional Use and Site Plan Extension for Keystone Creations
Page 5
R E COM MEN D E D ACT ION:
By motion, grant an extension for the Conditional Use and site
plan for an additional 18 months subject to the following
development time frames:
A. That the plat be approved and recorded by May 1, 1995.
B. That a full building permit application and building
construction plans be submitted for plan review by
June 1, 1995.
C. That in-field construction commence by August 1, 1995.
D. That all the improvements as shown on the site and
development plans be constructed by August 21, 1996
in-lieu of the requirements of Section 2.4.4(D)
(Establishment of Project).
Attachment:
* Site Plan
* Extension Request Letter
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City of Delray Beach ~
100 N.W. lst Avenue palm beach
Delray Beach, Florida 33444~. brow~d
dade &
all counties
RE: EXTENSION REQUEST OF CONDITIONAL USE APPROVAL & cities
in florlda
Dear Diane;
As Agent for Keystone Creations, I am requesting an eighteen (18)
month extension for the Conditional Use approval. A condition of the
approval (requested by staff) is .. the project is to be completed
within 18 months of City Commission Approval of the Conditional Use."
With over fourteen years experience as an agent and having obtained
over fi ve hundred rezonings, condi tional use and special exception
approvals (from Broward County to Orange County and most of the
municipa1i ties), it is my opinion that it is almost impossible to
obtain a conditional use approval, site plan approval, plat approval,
have plans drawn and a permi t issued and then build and complete a
.project within the 18 months required by the City of Delray Beach
,-,:t>"'!Planning Staff. There are always unforseen situations that arise and
cause untimely delays.
To date, we have obtained Conditional Use approve1, Site plan
approval, permits for the water and sewer lines, but the Plat still
has not been approved. The Pia twas f ina11 y submi t ted, wi th all
required signatures, December 7, 1994. Due to unforseen delays, it
has taken over a year just to get to this point.
"~Mr. and Mrs. Ballman had been trying aggressivly to obtain financing.
".:.<,.:;~ It has taken over nine months to successfully resolve that situation.
~ Another problem that held up progress since Conditional Use approval
September 28, 1993 was the mortgage holder would not sign and return
the Plat. We had been trying in vain to obtain his signature but he
made every excuse imag inable. He just would not sign it. He had
meeting after meeting with his attorney and after six months they
finally made the decission for him to sign the Plat and send it back.
Another delay was caused by the Ci ty when there was a question
regarding the City's acquisition of the right-of-way for N.W. 18th
Avenue. Keystone Creations is required to install the sewer line
from the manhole, 337' plus feet north of the si te, south to the
south end of the property. Most of these delays were causing the the
plat not to be signed.
The problems and situations have all been rectified and the owners of
Keystone Creations are ready to have their building plans completed
and apply for a building permit to start construction.
9 northeast 16th street. defray beach, florida 33444. (407) 265-4983. fax (407) 265-4983-11
,
Diane Dominguez December 15, 1994
page two
The construction schedule is as follows:
DAY I - Start construction upon reciept of building permit,
l. Building to house two large stone cutting saws
2. Temporary office and equipment storage area
TIME: Saw building - 2 months
Temp Office - 2 weeks
Begin demolition of existing buildings (upon completion of above)
TIME: 2 weeks
Move 2 big saws into new saw building (when Saw Building complete)
TIME: 2 weeks
ELAPSED TIME TO DATE - 2~ months
All stone in storage on site to be cut into useful product.
TIME: 2 - 3 months
preperation of foundation for main building, planting of perimeter
trees and plants (plants and landscaping to be complete before main
building is complete).
TIME: for main building, 10 months.
Balance of construction: ie. driveway, parking, etc.
TIME: 3 months.
TOTAL TIME FOR CONSTRUCTION: l5~ months
Submitted by Ron Ballman, General Manager
Keystone Creations.
I hope this information satisfies the City of De1ray Beach with
regard to the request for the eighteen (18) month extension. Mr. and
Mrs. Ballman have been doing everything in their power as have I, to
make the a'pproval portion of this project move along smoothly. Mr.
and Mrs. Ballman have invested over $40,000 dollars to date in the
approval process and will be investing an additional $300,000 dollars
to construct this project. This project will be the beginning of
redevelopment of this area. If you require any additional
information or if I can be of any assistance please feel free to
contact me.
BK/aa
CC: Mr. and Mrs. Ballman
. ~ ,..-,...x- ~9 6~
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To: Mayor & City Commissioners (4c3/) -L/34~8t €7
From: Kathy Shabotynskyj, Chair, Education Board
.
Subject: Agenda Item #9C City Commission Meeting 2/21/95
AMENDMEN'l' ,.! SCHOOL BOARD BOUNDARY CHANGE PROPOSAL
Date: February 21, 1995
ACTION
City Commission is requested to consider a new amendment to the
City of Delray Beach School Boundary Change proposal dated November
14, 1994.
BACKGROUND
Since the Education Board meeting of February 16, 1995 with the
Concerned Parents Network, Inc. of Boca Raton to review the CPN
alternate boundary change proposal the Superintendent's Boundary
Recommendation II has been reviewed by myself and Denise May.
We have concluded the following:
The Superintendent's Boundary Recommendation II includes
almost every element of the Delray Beach . School Boundary
Proposal of November 14 except:
Including SAC's 304 & 305 (Tropic Palms & Tropic Isles)
in the Blood's assignment. (We wanted a Blood's
assignment)
--?Assignment of SAC's 289, 291, 292 from Banyan Creek to
Pinegrove (We proposed a Plumosa assignment)
The Superintendent's Boundary Plan calls for administrative
reassignment of SAC's 304 & 305 to Blood's upon commitment &
implementation of a special program at Pinegrove.
The Superintendent's Boundary Plan calls for administrative
reassignment of SAC's 289, 291 &. 292 to Plumosa upon
commitment & implementation of a special program at Pinegrove.
The Superintendent's Boundary Plan includes a Pheasant Walk
assignment to Morikami which brings the proposed racial
balance to 34% Black/66% Other.
The Superintendent's Boundary Plan negates the need for the
Education Board's Amendment *2 because with Pheasant Walk
assigned to Blood's the racial balance will be 34% which is
lower than the Delray Beach Proposal of 39%.
---continued---
.,
.
Representatives from the School Board have urged all south county
groups to work together to support one plan. To that end, a
meeting was held today with Dr. Sandra Richmond, Larry Zabick,
Linda Hines and rearesentatives from our Education Board (Denise
May), the Concerne -~f'arents Network and Pheasant Walk Homeowners
Association. The CPN continue to be concerned about opening
schools with a racial balance over 30% because they predict that
many Boca people will not send their children to a school with that
ratio. The Superintendent's Plan identifies the racial balance for
Bloods as 34% Black and Morikami as 35%. The CPN suggested an
alternate proposal that has some merit:
For school year 1995/96, leave SAC 299D at their currently
assigned school (Forest Park) and merge SAC 299B with SAC 299D
(currently assigned to Sandpiper Shores) and assign SAC 299B to
Forest Park. For school year 1996/96 assign SAC's 299D , 299B to
Morikami.
~ RECOMMENDATION #l
l Consider the issuing of an amendment to Delray Beach Proposal
11/14/94 to support administrative reassignment of SAC's 304, 305 -
to Blood's and request a participatory role in the organization of
the Pinegrove Special Program and request a time certain commitment
for the implementation of Pinegrove's special program.
JUSTIFICATION
Current racial balance of 77% maintained.
Program commitment needed.
-; RECOMMENDATION #2
Consider the issuing of an amendment to Delray Beach Proposal
11/14/94 to support
the CPN recommendation:
For school year 1995/96, leave SAC 299D at their currently assigned
school (Forest Park) and merge SAC 299Bwith SAC 299D (currently
assigned to Sandpiper Shores) and assign SAC 299B to Forest Park.
For school year 1996/~ assign sAC's 299D & 299B to MOrikami.
mSTIFICATION
Support of the CPN's plan.
Forest Park is closer to these SAC's.
Temporary situation.
Racial balance at Morikami will open at 23% instead of 35%.
_I:,
0'-<1
[IT' DF DELIA' IEA[H
DElRAY BEACH
f I 0 II IDA
tI.e.d 100 N.W, 1 st AVENUE. DELRAY BEACH, FLORIDA 33-;44 'g!f1/243-7000
1ifi!
1993 }Y\ 1 'fJJ. . ~/O
TO: David T. Harden, City Manager ~~~
FROM: ~obert A. Barcinski, Assistant City Manager S
SUBJECT: AGENDA ITEM ## 9C CITY COMMISSION MEETING 2/21/95
AMENDMENT ##2 SCHOOL BOUNDARY CHANGE PROPOSAL
DATE: February 17, 1995
ACTION
City Commission is requested to consider approval of Amendment #2 to the
City of Delray Beach School Boundary Change proposal dated November 14,
1994.
BACKGROUND
The City's Education Board met on February 16, 1995 with the Concerned
Parents Network, Inc. of Boca Raton to review the Concerned Parents Network's
alternate boundary change proposal and to see if it was possible to reach any
compromise on the differences in the two proposals. Mter lengthy discussion,
differences still exist concerning boundary proposals related to the Morikami
school site. However, the Education Board did approve an amendment to place
SAC 300C into Del Prado Elementary School and SAC 299H into Morikami
Elementary School. SAC data and impact is as follows:
Black Other Total % Black
SAC 299H 9 0 9 100%
SAC 300C 64 3 67 95.5%
The net impact on the schools is as follows:
Black Other Total % Black
Blood's 91-1 224 444 668 34%
Black Other Total % Black
Morikami 285 522 807 35%
@ Printed on Recycied Paper THE EFFORT ALWAYS MATTERS
AGENDA ITEM #
Page 2
The Concerned Parents Network had a concern with our amended proposal #1
in that the Blood's school would open with 39% Black population which they
felt to be too close to OCR limits. There was a fear that when actual population
was determined next year the school would open out of compliance. The
Education Board concurred.
Differences still exist in the proposals on the total population and percentage
Black population at the Morikami school. The Concerned Parents Network
desires to have a lower population in order to move part of the overcrowded
gifted program at Del Prado to Morikami, as well as, lower the Black
population. A comparison of the busing impact out of Delray Beach is as
follows:
Black Other Total
Current Status 775 243 948
City Amendment #1 735 83 818
City Amendment #2 808 86 894
The Education Board voted 4-0 to approve Amendment #2.
RECOMMENDATION
Consider the Education Boards recommendation to approve Amendment #2 to
the City's School Boundary proposal to move SAC 300C from Blood's to Del
Prado and SAC 299H from Blood's to Morikami. Staff recommends denial of
Amendment #2 due to the fact that this proposal would increase the number of
Black students being bused out of Delray Beach.
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'. F~orh: T~~as F. Fleming, III To: Bob Barcinski Dale: 2117/95 Time: 10:45:39 Page 1 01 2
fEB 1 i ,
MEMORANDUM
To: Kathy Shabotynskyj, Chair
Bob Barcinski, Asst. City Manager & Liaison
Delray Beach Education Board
From: Tom Fleming, Vice Chair
Delray Beach Education Board
Date: February 17, 1995
Subject: Ed. Board meeting of February 16, 1995
c:
Kathy and Bob,
In light of the outcome oflast night's meeting, I would propose that we transmit something
along the following lines to the City Commission (with copies to each member of the School
Board, the Superintendent, Linda Hines, and representatives of Concemed Parents Network.
Inc.):
During the course of its meeting of Thursday, Febmary 16. 1995, the Delray Beach
Education Board deliberated at length the two proposed boundary plans (both amended
from their original versions), respectively, of Concemed Parents Network, Inc,. and the
Delray Beach Education Board. Following is a summary of the outcome:
. We are delighted to report that both parties reached unanimous consensus in support
of all recommendations reflected in the enclosed Attachment A. The proposal so
reflected calls for only two modifications to the amended City of Delray Beach
boundary proposal, both at the elementary school level. They are:
l. Recommend that SAC 299H be eliminated as a separate SAC and merged with
SAC 299D (299H contains only a handful of students attending public schools);
2. Recommend assignment of SAC 300C to Del Prado, as it is presently assigned (the
City's amended proposal would assign the SAC to "Blood's"): and,
(The resulting projected racial balance at "Blood's" would be 34 % Black, 66 %
Other, with a projected student population of 668. The design capacity of
"Blood's" is 970, thus leaving ample room for population growth. The parties
agree that a considerable number of students, who are presently assigned to attend
Pine Grove and electing not to, are likely to attend this new school.)
From: Thomas F. Fleming. III To: Bob Barcinski Dale: 2}17/95 Time: 10:46:36 Page 2 01 2
. - -
. The proposals, respectively, of Concerned Parents and the Education Board differ with
respect to boundary recommendations associated with "Morikami".
As set forth above, the Education Board recommends, with the support of Concerned
Parents, that SAC 229H be merged with SAC 299D. The City's resulting
recommendation to the School Board would otherwise remain unchanged pursuant to
Education Board recommendations.
Concerned Parents recommends assignment of SAC 299D (as merged with 299H) to
Forest Park, as it is presently assigned, rather than "Morikami", as the City proposes.
The City's current proposal, as recently amended by Amendment 1, would open
"Morikami" with a 34% black population and a total student population of 798
(design capacity of 970).
Concerned Parents believes that the number black students so assigned will cause a
considerable number of assigned white students to attend schools other than
;'Morikami", resulting in the school opening with a racial balance exceeding 40%
Black and, accordingly" as a "racially identifiable" (OCR ternlinology) school.
The Education Board recommends that the City Commission accept and forward to the
School Board, as Amendment 2 to the Delray Beach proposals of November 15, 1994, the
items numbered 1, 2, and 3, above.
Both the Education Board and Concerned Parents have moved significantly from their
earlier, original proposals in order to reach the point at which we now stand. Our
discussions have been lively, open, and honest. Our only remaining difference is one of
expectation, and results from our two, respective, opinions concerning who might or
might not choose to attend a new school under various circumstances. Both p811ies. we
believe, have acted in good faith continually along the way.
The Education Board looks forward to working with Concerned Parents and others in
southern Palm Beach County in connection with matters affecting our public schools, and
the lives of our children.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ/t1
SUBJECT: AGENDA ITEM # 9. -0. - MEETING OF FEBRUARY 21. 1995
BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENT/EXCLUSIVE
SPORTS MARKETING, INC.
DATE: FEBRUARY 17, 1995
This is before the Commission to consider allowing the City to
act as host and participate in the Bud Light Pro/Am Beach
Volleyball Tournament April 29 and 30, 1995, with Exclusive
Sports Marketing, Inc.
Exclusive Sports Marketing, Inc. has identified support which
will be needed from the City, which is detailed in the attached
materials. The tournament will be held between S3 and S5 towers
on our municipal beach, with parking in Sandoway and Anchor
Parks. Holiday Inn Camino Real is one of E.S.M.'s sponsors, and
will provide rooms for staff and out-of-area volleyballers. The
Delray Beach Volleyball organization strongly recommends taking
advantage of this opportunity.
Recommend consideration of hosting and participating in the Bud
Light Pro/Am Beach Volleyball Tournament April 29 and 30, 1995.
~}~fnu~
L(~.O
Agenda Item No.:
AGENDA REQUEST
Date: February 13, 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 21. 1995
Description of agenda item (who, what, where, how much) : Request approval
to host the 1995 Bud Light Pro/Am Beach Volleyball Tournament on April 29 & 30, 1995
on our municipal beach between 83 and 85 towers with parking in 8andoway and Anchor
Parks.
ORDINANCE/ RESOLUTION REQUIRED: YESfii) Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~~1 NO tr/1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[IT' DF DElRAY BEA[H
DElRAY BEACH
f lOll: I I) A.
tI.fb:II 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407{243-7000
AII.America City
, III I!
1993
MEMORANDUM
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Bud Light Pro/Am Volleyball Tournament
DATE: February 13, 1995
Attached please find a request from Mike Harvey of the Delray Beach
Volleyball Association to allow our beach to host the 1995 Bud Light
Pro/Am Beach Volleyball Tournament on April 29 and 30, 1995 (Saturday
and Sunday) . On February 1, 1995, I met with Mike Harvey and Gary
Hallas of Exclusive Sports Marketing to determine the needs of the
tournament. It is anticipated that the tournament will take place
between S3 and S5 towers with parking in Sandoway and Anchor Parks.
Exclusive Sports Marketing has requested the following:
1.) 20 temporary volleyball courts and ten 10 x 10 tents for players
and sponsors. 7 spaces for staff parking at no charge Wednesday
through Sunday and the placement of a large stage on the beach.
2.) A $2.00 fee per car per day with restricted parking at Sandoway and
Anchor Parks.
3. ) Allow vehicles on the beach for support Wednesday through Sunday.
(I have requested a clarification on this.)
4 . ) Allow signage publicizing this event and sponsors on the beach.
Their sponsor is Bud Light and typically they have large inflatable Bud
Light cans and a very large model of a delivery truck.
5. ) Provide overnight parking, extra trash cans, and 3 - 110 outlets,
either at the S3 tower or Anchor Park area, and extra portalets at
Sandoway and Anchor Parks. I have requested the electrician to review
this request.
6. ) Attached is a Certificate of Insurance I am requesting Risk
Management to review.
@ Print&<! on Recycled Paper THE EFFORT ALWAYS MATTERS
. ,
-2-
There will be no charge to spectators and typically, according to Mike
Harvey, there are 200 teams (2 men/women to a team) for 400
participants. Exclusive Sports Marketing will donate $500 to the
Lifeguard Competition Team, and Delray Beach Volleyball will provide
volunteers to assist in the event.
I recommend approval for this event, and request you place it on the
February 21st agenda for City Commission consideration.
Please review and advise.
U~
Parks and Recreation
Attachments
JW: cp
cc: Lee Graham Risk Manager
Ref:voleybal.doc
" ,
President
--4-
Sheila Muller
Vice President
Bruno Garozzo
Treasurer
Dan Caballero
Secretary
Mike L. Harvey
Board Members .J an UdY' Y" L2y 1. (}'35
Dr. Andre Fladell
Carol ("Ma") Brinkman
Jim Ivory c:: i t Y of Del Y' ay 13/:?<::\C h
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P.O. Box 2483 · Delray Beach, Florida 33447
407 -278-1103 · Fax: 407-278-2280
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Del'( .::IY 8(23(: h \./011 f.,::yl:::;c;\ll (0S') ) 1Tif.2mbf::!ir ~;:. h3ve Y' e\~ ul ,3 r- I y compE~-I:.:(",c:: in
th.i. ':.::. ';:;;E!'( 1 es at \/.::\ Y' 1 ()Lt ::::.:. _ .r. t I''',(:;? ~.:? Et ~:; t I::: () E:\ ~:; t: venue':::. y c,'.,./ ('2'lr t ''''1 (-2 year ~;. y
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WHAT IS THE SCHEDULE FOF.: TH IS'"?
TI-"Ie Sf?Y' 1 es I::lE'q i n~;". or'! tl""E! '.....jest C o i::1 st of f--'lo'(:ldd ()n Pi j:::"( i 1 . . i':ind
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.= on C ll...ld i:'::'''. 1",.1 i -1.:: h t hi'? f:i.l"lCl,l~. Cln Ck t: ob (~'(. .a:....;.. ~ t ':7'3:3. D(21 'j"" .::~.~l ",jou]. d bl::?'
t!"'It:~ i7 i '\" ,;:;t Flo'( id,:':I eCl,',;t (: () i0. ~:::. t ~::;top . Th i',=, ~yeC":\\" the ':;:.el" i e~::, ',oJ ill L\ ':,:::oE:~
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poir'lts t ()'v\!d Y' d ~5 th('=! f :i. n <::1 1 ~:~ (:;:ach time they c ompet: E? i'~nd pli:.'Ice. 'T!ml :i. ::~l
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f ()Ct't ~ .:::;t;".c:\:l.ql'''lt t) () ~i;. -I::)'-u.cl-:: elf": Thu'( <::,dE",y ~ (~p'r-il .~.,'.7 Tl"lf:'.' t'(uck l,,,J()u.l d
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Dc: 1. '( <:01''1' E: f:!! .:'~l. (: }on] '--,/() 1 I "'::.'\i!:J,:;.ll ()'( I;J -:::1. n :i. z. -:::'1. t i () n (DB'.,/ ) \/ () 1 tJ n t.: (':'2'1:::: j"'" '::;. fo..... th<:2
,;i::~t -----up" Thf'? COUy.t.,s~ t er-\ t ~,~ dnd pI ,:71 t f Or" in '..Joul d bE~' ':;E~t up Thu'( ~:::.dE~:/
.:::I.i"'ld F'y' id':::\~'/A ThE:' P.A" ~;;v.:::;t em 1,.,JI.:1L\1 d bE: \"lool-::f'~d up Ctr.j ~-;<:.it UY d i':\Y .
Tl"'j('2'('e "..Jou 1 d be EI p 1 ay(?Y'~::;' par.ty on Fy' :i.day niqht? Ar:n" i 1 .'~,(..... :,,\t the
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p 1. i"'- '/ ';:~ Y' ~:;:. '"j:i. II be p'lr '-:''::'''-ir (2g i ~.;:. t (?y' (:;~d , I:::,ut: ~::. () (n f2 cln ..o~S. i '1.::: f2 j-" i;3!'~4 i,;;. t:.( .:':'1 t :l on ... -.'
'-:'2',.; pee t eel. PI i.':IY b(::::qin::. ,':It 8~ ,':!-5 <::Hn ()j""'\ Se,t; U'(' d C\.j dnd '...J()U 1 d ',"un to
du~:;k " (In SI...lr--,ddj ~ pl':':'j I"joul cI Ell ~::.O bi:!'!C1:L 1--'; .::\-1:.: 8:: 4~5 -:'..;i,(Ti ~ .:OInd ,.,Iou:l. d r ur',
1...ir", t: i 1 al::-!out 5: ()() pm"
,,-, P,,\Cjf? .'-:,
ThE':.' (~ () Lt '1'- -1.:.: ":=' l"Jould b(.:? t akiE?n do',,)n beginninl;1 m:L d .....(no.( 1"'1 i 1"'1 9 cln ~; u, r't d ~';), ~ll !1
,:':';\ ~:' tl'Ii:.? t ()UY' j"'lament y ',; i ncl~::; cI 0',;11 y Y'F~quilring fe',.Jey' and -f e l"; IE? Y' '::OUlrtS..
D\i the f.:?IHj of t l"lf:,! day ()n ~3und,-::iY y thF2 ~:;; i t E' i <::. ,~: 1. ea Y' (:?d ar',d <::d 1
~,:; t '1'- I.J C t L\'f (,~ ':;; I" f?mO\ied , arid trash pic k(:2d up.. The t: \" LtC k I f2,::iVe~::. f CoY'
tl".II-::" r"'f.:?}.;t .:::; it E! ,:)n E;und.'::lY ni(~ht.
WHAT ABOUT BAD WEATHH('?
TJ-II'2 t ou'( n<:HnF~nt 'A :i.ll be ht~l d '(f?9i:.ilrdlf-.?ss of thf? I.-Jeathf:~'( .
The? p 1 ..;';\ 2f' (2 Y" '::::. ',,)OU 1 d b(.? i:::! ~i~ [J i:? (: t f~ d to play In cold, 11"1 I,.}ind" ar':d
thy' i)I...\~:;lh i ITt E'r m i t t an t i'''aln. O'f c C\L\'( :::.E~ If lightning dE~l i.':\.\;.~:; ,,-.IOU 1 d bE!
ob~:; (~, 'f" V i:.:~cJ pe'( in~:.t'r-uct ion of thE:; I i f (:::' gu.::\'I"ds.
ThE,Y' E.l 'I ~;:: !=~.:;;~ l'i::\in.....date f cqr any pal'- t :i. c ul ,~'1lr S-, :i. te.. Th(:;~ t ()uy' n<~mer..lt
IT. () V E' ~:::. ()n'1 i" f.?g i::-tlr d I f?~::;~::; . I f the tOLl r 1"'1 ,3. fn e 1"'1 t ha~3 t () be c<::\ncel1ed ..........
It n (.? \/ E:,'r- !'-Ia~;; bEe 'h~ ",_ t hl,~ P 1 aye'r" s. I",JOU I cI b f.':: E:~ :.;; p Ii? ': t ';2 d t,: () ca.tch up to
t 1"'lf:~ f.2Vf?nt at ,:"-not her" site.
WHAT IS THE PHYSIC:AL SET -UP',?
Thl!,;' t ou'( r'12(flf-:?n t .:::; it f? I,.,) ill l:.)F::! 0(: (: up i i:=.'ci bv .,::lPP'f"O:;; iiflcl.tE'l y '~'n
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tf2iT1p()y'ay'/ \/011 f.2yball COLlY' t <:::.. ESt'l Ll-:::;.E';:;. <.'11"'1 "Ultim;;~tf?" <: b 'Ir:::'1 1"'1 d ..... n E;\ in e )
'"R' .._ ,1.. ._. .... ',,/i th dluminum poll:?s ~'1nd ,,:::t; Y' ,::ip~:::.. The bounda.'( Y' I in F2'::::. .:':";\"( f.:!
":::;. V ~=- l.~ t':!lll
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.;:.1
.:: () Y' j"'J E~"( ':::. u 1-1"'11,~.~ pc)l (.? ~:; it.,,::. or', <:t di<::;k~ ':;:.oifll:?I,'-.lh .:':1 t ], :i. k F:? a fy i~:=..b(?t7:" .:3,1'"'1 cJ
~~ec Ulr t~d b\: t'AO sty':::\PS~ a1 ',~o anchoy'ed to t\,'.)Ct dl -1-' ~~.E.:t ,...,
.I.',,:> .. ':::- <. ":::' y CJ
:i. r", 0:: hi:?~:::. into t !--\F2 ':::'. i::\r", d . ( f::';i?F"~ d i <:-'lg r" .:':Im on t I--IF:~ <,:'1 t: t .;';1 C 1'--1 i::? c! ifl<;~.p 'f c,'(
d('2-1:; <~ :i. 1 '~:." ) The net.::;; i:;.-.Y (~ st'(Lln(~~ bet '.tJeen the pol f.:?S. and 1 1,2 ft up
O\/i:.?'(n ight ~ b F~t I,.,) F2 (.?n (: ompet it :i. 01'''1 d<::l.vs.
EdCh cou.(t lS 3() f f?i::~t ',.-J:i.de~ f,Ci fE'et lonSl. f~1 1. cou.(t,::; fm.l<:;t bE'
<:.'\Ii(~ni:?d nor' t h ----.~~.OLlt h bF~C au~:;(~? of thF2 ~".un . Cou i'-- t~;; '.tJou1 cI be ~:::.f2t
d1 ()nC! an aY'f.:?a '( ouqh:l. y cent ey' f?-d on guay'c\ St <~.t:i. on S....,C'\- . 1"'\ 0 s,.-I:; C C'UJ t ,,::.
1,.,)ou1 d bl'? ~:::.E.it t I,.,)>:) by t ',,)0 c\l()ng thE? beac 1.'1 ~ elf"l thf:? ',.,)est (the dune)
',;;:i. elf2.. Deplend i l"'lq ()n ho'.,.; m<::\ny c our' t s. COLt I d be set thy-ee dl:J'f- (east
<: H1cl.yl.Jf;;! 1"', on 1;2 ) thF.:? p.l. <",-y' ~~'I. 'r" (:::-:3- ',,;oul c:! ()I: C Ltpy' appy' 0:....; i iTlElt F,' 1 Y 100 :-l,::"i Y. d ::~,
,'::l1o:.:,nq -I:; I"', (,? beach..
In i;;1.dditiony th(:;~ pY' o tTI cd; 0'( ~,: I,)()U 1 d <::,.t:'t.....up ten t f?n t ~,::. , f?aC h 10 b\,..- 10
f (::'c~t 1 ;-', ':=',.1 :.:: F:? 'rhi:;::Sf2 ~::;h \'21 t elr pIayel"s, pirovide ~:;pot<::; fo'( ~:; p () 1'''1 ~~:.I:1 Y'
d:i. ':~p 1 ay",,:; .::\nd 9 :i. \/ E' -.. <::1',.--' ",I Y s y and h()usl::? the t ou'( naiTIent di'(ector":5..
Tli'"-,'YE' <::1'( (2 r"', () foue! (: ()n (~ (':~'::s.-:::. i Clri S ~ n() bf2f?Y'
TIH2'f"F2 ',)ou1 cI L.. .... ~::;p cln S(:t'( sigrH~(::ie on t hE~ site~ <::Ind bE\lI '( et i=\ i ne'(':;
Ur:..:
1,/) (:1 Lt 1 d bF~ P 1 <3.C I~d b'2t ',.Jf2en thf.? COUY''l:S tha.t ',,) () u. 1 cJ bf2 s.p on ~:::.O'r- b<::lnniE?t-s.
Thf"'! j"'let<:::. C c\ "r- '( ~l the 1000 fo)' "Bud Li9ht.."
--- pi::\(~~e ,:;'
There is one large (1.6 ft. high) platform/stage that is used as
the communication center of the tournament. There would be
sponsor signs on the platform.
The attached map should give a general idea of the space that
would be occupied hv the tournament on the beach.
SECUP I TY'?
ESM assumes responsibility for securing the site once it IS set.
Actually this will probably mean that a couple of DBV members
will be paId to tournament-sit. The truck remains close to the
'::::. i t (.:~"
PAPK I N(:i"?
Competitors would be directed to Anchor and Sandoway Park parking
lotsy and overflow will go into metered parking along AlA.
Competitiors will be told to bring quarters for the meters.
BATHPOOM FACILITIES?
Competitors will use the showers west of the dunes. They will be
directed to tnilets at Anchor Park. E8M also brings along a
couple of Port-O-Lets~ wh~ch are removed on Sunday evenIng.
TPASH'?
The tournament does not generate much trash1 but ESM requests
additional trash cans to be provided by the city around the site~
and asks for a designated collection point foy fInal pick-up.
POWEF::-?
The tournament directors will need the equivalent of three 11.0
0::) utI ('2 t ','" .
It 1= probably too far to run a line from the maIn power access
box at 8-1 or from the main pavilion. Other options include
"{'entin~~" P()',;'}(2r' fy'om the ~:;e,,,:\~~,,-~te Club ()n th('2 soutt"l~ tappirlg into
one of the guard stations or into the weather monitor~ tapping a
pole on AIA~ or using a generator on-site. This problem has yet
to bi'2 i'-('2''':,ol\/E~d.
~,.. Pdge .::(.
NOISE?
The t: CoLlY' rldment Ll~:::,f?S, '::1 F'ubl ic Add)" f:?~;-::5 '::5Y'c-::,tem.. ThF~ P.. ('t.. 1 ~:; used t ()
i ~:;~;UE~ in~:;t:;--uct j.(:tn~::, t h'( oU\:lh()ut t hi':? t: OUY'liament ~ contyol th('2 C'( OlrJd
i:.~nd to Cj :i, ."/E:- c Y' ed i t tCI sp ()n s:.c"( ~:~. Mus:i,c 1S P 1 Ci,yed In b (21.: ween
t i me~~".. The sv<::;t (,?m i ~::; not loud, and 1 :::. (,2qui\ial('2nt to th(? F' .. ('1. LISE'
du'( :i,ng the ESfi ~:5\..l'I'" f i ng meet ()'( thf? 1 i 'f E?9\..\i':\i" d cornpet it ie,ns:,.
The II C"( ()'vJd r", () i '5('? II '..,1 i 11 b('2 in i 1"'1 i ma 1 .. Th(?Y'i2 ',.,I i 11 lH2 con':;::. :i, d(?'( a.b J Y'
1 f?S!:':; ',.Jhoe,p :i, ng .::Ind ho11 ey' ing t h c~n the DB\.l g('-!nf.~j-'. at f.~'::; at t 1"'1 f? pub 1 i (,
c OU'( t a r- f?-::;\ on -:,;,ny 9 i ",,'(2n ~::;ur'lny :3 a 'I:,: 1...\ j'" d ,:;\ Y duy' :l 1"'19 ti"le ",lI"!!:! EtY' a Thc:..
f:i,nal'5 on :3undcl:i aft e'(' noon \.,1 :i, 11 P'(' ovide the n():l'3est m()men t s..
- -----...
020€,./95 16:(14 ~ 407241380<; ," C _
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Tl-lI$ BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT TO THe: CONDITIONS SHOWN ON THE REVERSE
I
, SIDE OF THIS FORM.
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'Nauti1uB Insurance Co. 001755
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Ft. Lauderaale, FL 33309 04/20/94 j 12:01;' ': PM, OS/20/9-4 1-- 'NOON
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: X : 'THIS SlHOffi Ii ESUEO TO etrENo ~ IH THE NJOvE HAMEO
.:OOE 8lJII..C(lO& I ' ~ COMPNN Pm ~1'lG PCX.ICY NO; NS01Q41
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EXCLUSIVB SPOR.TS HAlUtETIHG ; SPEClAL EVENTS. SPORl'S CONTEsni
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1060 BOL~ DRIVE #3L
BOCA RATON, FL J3~a7
TYN. CIf' II3UIVoNeE: covsuoe l=ORMS ' &YOUNT ; ~ ~ COlMllUR.
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-
02.....01/95 17: 26 z: 407 241 3805
EXCL. SPORTS MKT --) CITY/DELRRY B~H F'. 02
~/
MEMO ." -,'
"III ' ['
'I il~f: ~ :.JLJ;~
TO: JOE WELDON-DIRECTOR OF PARKS AND REC. \
FROM: GARY HALLAS-EXCLUSIVE SPORTS MARKETING
RE: 95 BUD LIGHT PR01AM BEACH VOLLEYBALL SERIES
Joe,
This letter addresses the issues concerning the Bud Light Tour coming to the City of Delray Beach for the date of April
29-30. This letter will outline the specific derails involved with the operation and implementation of this series and what
Exclusive Sports Mar1reting requests from the City ofDelray Beach;
· Provide electricity for the tour at Anchor Park-Three 110 voll outlets running across AlA
to the pole on the beach side.
I
· Provide parking at Anchor Park for Ihe players on Apri129-30 with a staff member
collecting a $2.00 fee. Number of these spots to be determined by City (75-100)
· Allow SSM's 4*4 and 24' on the beach from Wed. thru Sun. of the event for set-up and breakdown
. Allow ESM truck access to the beach Wed. thru Sun. of the event
· Provide extra trash receptacles and dumpliler for the series clean.up
· Staff parking (7spapes) Wed. thru Sun.
i
· Provide uvernight par1cing- for ESM 24' trUck
· Sound Ordinance tafter talking with Mr. Weldon, ESM will follow all role!'i and limits)
· Restroom!> will beiat Anchor Park
· $500 fee will be donated to the Lifeguard association (per Mr. Weldon)
,
. Waive all restrictions as to si~l'Iage placed on the beach for event
Joe, if there is any other que;stions or concerns you might have fell free to call me at 407-241-3801. I will be in contact
soon.
Best Regards;
-5 -j,--
Gary Hallas
Exdusive Sports Marketing
~~~iJ~;~
SPORTS MARKETING, INC.
Providing The Best in Recreation and Sports Entertainment
01/03/95
""..
.:~:~-,; MIKE HARVEY
VOLLEY8ALLCENTRAL
1267 North Ocean Boulevard
Gulf Stream, FL. 33483
Mr. Harvey, '
Thank you foryour interest in the 1995 6ud Light PRO/AM Beach" Volleyball Series. Exclusive
Sports Marketing is presently in the planning.process for th~ 1995 season and we would like to
bring an event to tne Delray area. ~oth the centralized location and popular athlete demand has
urged us to locate a-venue that 'has the. facilities to host an event of this caliber.
,
The popularity of volleyball is astonishing and has enabled the state of Florida to be recognized
as one of the fastest growing markets in the U.S. 1994 was an extremely successful year for
the Bud Light Series as tt averaged over 187 teams per qualifying tournament. This is an out- .
standing increase of 40%overthe: 1993 season. ThiS.fact along with three years of National
Marketing rn.ake this'projectquiteattractivefor a host site area. The marketing package that
comes along with the Tour is s'ubstantial.and you will be proucJ.to have your name associated.
Mike, this package will provide you with an introduction to the program and how Delray Beach
would fit in. We would Ii.ke to schedule the Bud Light Series at Delray Beach on April 29 & 30,
1995.
I look forward to working with and the.Chamber of Commerce on this project. If you should
have any questions please do not hesitate to contact m~ at 407-241-3801. I will follow-up with a
phone call sometime in the near futur~. Thank you in advance for your time and considerations.
Best Regards,
~~~~.
. " " " /~---
Frank BaranowSki
Event Coordinator
Excluslve'SportsMarketing, Inc. of Florida
1060 Holland Drive, Suite 3lr Boca Raton, Fl 33487 · (407) 241-3801 · Fax (407) 241-3805
" ,
"'" OFFltl"j
ENT,N FO,lM
OUEI1190,OOO IN fnru I.. I1llIZES
TOURNIIMENT flTEf I)IUlrlOrJr
_ FT LAUDERDALE Apr 30-May 1 Sheraton Yankee Clipper SATURDAY SUNDAY
_SIESTA KEY BEACH May 7-8 Siesta Kefk Beach Park
_PANAMA CITY BEACH May 14-15 Boardwa k Beach Resort o Women's Open OMen's Oper
_MYRTLE BEACH, SC June 4-5 Downwind Trading Co,
_FT MYERS BEACH June 1 8-19 Holjday Inn - Estero Blvd, o Women's B o COned Dbls .
_POMPANO BEACH June 25-26 Quality Inn Oceanside
_MIAMI/KEY BISCAYNE July 16-17 Crandon Park
_ TREASURE ISLAND July 23-24 Holidafr Inn o Men's A o Cooed Dbls !
_DAYTONA BEACH Aug 6-7 Ocean ront Park
, _ CLEARWATER BEACH Aug 1 3-14 South Beach Pavilion o Menrs BB o 4-Man A
i _SINGER ISLAND Aug 20-21 Ocean's Eleven North
',.. _ISLE OF PALMS, SC Sept 3-4 Windjammer o Menrs B o 4-Man B
_ST. AUGUSTINE Sept 10-11 Crescent Beach Ramp
~ STATE CHAMPIONSHIP
MIAMI/KEY BISCAYNE Oct 15-16 Crandon Park
:",~ ENTRf/ FEEf: Preregistered *2-Man - $30.00 *4-Man - $50.00
Ij Guarantees Play and a Tournament T-shirt
"'
.~ Player Check-In: 7:30 am - 8: 15 am Play Starts at 8:45 SHARP
"Pre-Registered teams failing to check-in between 7:30-8:15 AM of entered event will forfeit their space"
~ Day of Registration *2-man - $40.00 * 4-Man - $60.00
.'1
},:~ Make checks payable to:
I VB SPORTS (A Division of Exclusive Sports Marketing)
~ 1060 Holland Drive, Suite 3-L, Boca Raton, FL 33487
~ 407-241-3801
'!~
~l APPLICATION & WAIVER
~ In consideration of the acceptance by sponsors of my entry in the Bud light Florida Beach Volleyball Series, I, the Undersigned, intending to be legolly bound for myself, my heirs, executors, odministrotor>. ood
assignees, da hereby waive, release, and forever dischale the sponsors of this event including Exclusive Sports Marketing, Inc., Anheuser-Busch, Inc., any governing body of political subdivision of the slate of
Fbida and its employees, all sponsors and producers of is event, their agents, re~resentatives, successors, ossignees from 011 liabilities, actions, claims, demands, costs and expenses, which I may now or in the
future have against them or any of them arising out of or in any way connected wi my participation in or the operation of any event in route tour from the event included but is not limited to any claims thai ore
based on any alleged n~ligence or other action ar inaction of the above named porties, In consideration of the acceptance of my entry, the undersigned indemnifies and holds harmless the sponsors of thi, event
including, Anheuser-Busc , Inc" any governing body or politiall subdivision of the state of Florida and its employees, Exclusive Sports Marketing, Inc., it's officers, directors, ogent' and employee, agoinst 0111,0'
bilities, claims, damages, and expenses of every kind and nature which ~row out of or in any way is connected with the conduct of ortonization of the sanctioned event, including but not limited to any personal
and Of property damage ta porticiponts and spectators. I attest and veri that ta the best of my knowledge my physicol condition and ilness are adequote for me to safely compete in a volleyball event produced
by Exclusive Sports Marketing, Inc, No phy>ician or other qualified individual hos advised me against competing in any portion of this event.
NAME NAME
ADDRESS ADDRESS
CITY S1 CITY S1
ZIP PHONE I I ZIP PHONE I I
SIGNATURE SIGNATURE
NAME NAME
ADDRESS ADDRESS
CITY ST. CITY ST.
ZIP PHONE I I ZIP PHbNE I I
SIGNATURE SIGNATURE
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT ~
FROM: LULA BUTLER, DIRECTOR,
RE: CRA REQUEST TO RELEASE CODE ENFORCEMENT LIENS ON AN
ACQUISITION/REHABILITATION PROJECT FUNDED UNDER THEIR
AFFORDABLE HOUSING PROGRAM
DATE: FEBRUARY 14, 1995
ITEM BEFORE THE COMMISSION:
A request from the Community Redevelopment Agency (CRA) to
release Code Enforcement liens In the amount of $4,618.73 for
property they propose to acquire under their affordable housing
program.
BACKGROUND:
The CRA has agreed to purchase property owned by Mr. Perry Stokes
for the as-is appraised value of $33,000. Mr. Stokes total
indebtness on the property is estimated at a little over $32,000.
The CRA did not have current documentation of the outstanding
debt at this time, but should have the necessary verification by
the Commission meeting. We did a title search back in October,
1992 for the same property under the Community Development
Division. At that time, the reported encumbrances consisted of
two Mortgages in the amount of $25,000 and $6,000 from the Money
Store, City liens in the amount of $3,550 and $422 and delinquent
taxes for 1991 in the amount of $1,335.25. Their cost for
rehabilitation lS estimated at $41,000. The appraised value
after rehabilitation is $69,000.
The CRA is requesting consideration from the City to release the
outstanding Code Enforcement liens to assist in making this unit
affordable to a low income family under their affordable housing
program. A letter detailing their reasons lS attached for your
reference.
RECOMMENDATION:
Staff lS recommending consideration of CRA's request providing
they are able to document that the outstanding encumbrances are
at least are equal to or exceed the agreed upon purchase price.
We would not recommend releasing city liens to provide a net cash
payment to the seller.
LB:DQ
Attachment ~ 1/-0
Lien.CRA
Cj.E,
.
,
. . Agenda I tem No.,
,.
'AGENDA ItEQoes'l\
Date: 2/15/95
Request to be placed on:'
X . Regular Agenda Special Agenda Workshop Agenda
When: 2/21/95
Uescription of agenda item (who, what, where, how much).
Release Code Enforcment Liens on Stokes Property
for CRA Affordable Housing Program
ORDINANCE/ RESf ~ --~vn! YES/NO Draft Attached: YES/NO
~/Wn ~
Recommendation: ~ ~ ~
~?vIe
~.~ tVU~~__
~~<I-~~ '>
Department Mea
q.~Y-
Deterlllination ~. Of( 871 >sive PlaD'
.
City Attorney Review/ Recommendation (if applicable): .
.
.
Budget Director Review (required 00 all ite.. involving expenditure
of funds) : -
Funding available. YES/ NO
Funding alternatives: (if applIcable)
Account No. 1 Description:
Account Balance:
City Manager Review:
Approved for agenda: 8/ NO [,]V)
Mold Until:
Agenda Coordinator Review:
Received: .
^ction: Approved/Disapproved
CD Community
Redevelopment
-a Agency
Delray Beach
February 13, 1995
Ms. Lula Butler, Director
Department of Community Improvement
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: CRA AcquisitioniRehabilitation of the Perry Stokes Property
from duplex to single family and Assignment to the McCray Family
Dear Lula:
The Delray Beach Community Redevelopment Agency has agreed to purchase the Perry
Stokes Property for the appraised value ($33,000). This will give Mr. Stokes just enough funds
to payoff the mortgages, county taxes, and closing cost. A copy of the appraisal is included.
We have had Fred Griffin Construction, Inc, and Abisset Corporation, provide us with a
cost breakdown regarding the rehabilitation necessary for the conversion from duplex property
to single family. Mer a comparison of both, and factoring in certain items that had been left out,
we find that they both reached a figure of $41,000.
The appraisal company took this into consideration in the second appraisal for property
plus renovation and came up with a finish product appraisal of $69,000.
The CRA has received a grant from the Housing Trust Fund of $20,377 for
acquisition/rehab which will be used to provide a soft second mortgage for the McCray family.
The terms of the use of these funds requires us to provide them to a very low income family.
Acquisition $33,000
Rehab 41,000
-------
-------
$74,000 Appraisal $69,000
CRA subsidy 20,377
-------
-------
1st Mtg $53,623 McCray's qualify for $48,623 1st Mortgage
Cash to close $ 5,000
(1st and 2nd Mortgage can't exceed the appraised value)
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
iii" .f' If.'l,
Pg. - 2-
Butler/Stokes/McCray
As you can see, the McCray's will have to come up with $5000 out-of-pocket, which
they have do to a recent insurance settlement. However, most very low income people will not
be able to do the same.
If the city liens from the code enforcement department were to be applied, it would make
this acquisition or any other acquisition impossible by a very low income family. It is for this
reason that we are asking the City of Delray Beach to forgive these debts so that this
acquisition/rehab can take place.
There are no other subsidy funds available nor another qualified purchaser ready to close
as quickly as the McCray's. If the City of Delray declines this approval, we feel that they
property will more than likely be acquired by another absentee landlord and a similar situation
will be created over again. You know our feeling on the importance of home ownership with in
the community in order to receive stabilization and revitalization.
I have request a pay-off from Celeste at the City as to the amounts that are involved.
I have provided you with the appraisal, city fines/liens, plans for rehab, and the cost
estimates of the rehab. Should you need additional information, please feel free to contact me at
(407) 276-8640.
;!y,
'~
Sherry J 0 on, Administrator
Affordab e/Housing Program
;'. :"'j
SEARCH FROM DATE March 27, 1984
SEARCH TO DATE: October 26, 1992, at 8:00 A.M.
FILE NUMBER: ------------- /.
1224DB - :
CERTIFIED FOR: CITY OF DELRA Y BEACH "I
TITLE HOLDER:
PERR Y G, STOKES, a single man, by virtue of Personal Representative's Distributive Deed,
dated August 5, 1988 and recorded August 23, 1988, in Official Records Book 5782, Page 1162.
LEGAL DESCRIPTION:
Commencing at the Northwest Corner of Block Two (2) for a point of beginning; Thence
East One Hundred Thirty-Five (135) feet; Thence South One Hundred Twenty-Seven (127)
feet; Thence West One Hundred Thirty-Five (135) feet; Thence North One Hundred Twenty-
Seven (127) feet to the point of beginning being in Delray Beach Formerly Linton, according
to the Plat now on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County.
PROPERTY ADDRESS: 239 NW 8th Avenue
ENCUMBRANCES:
1) Mortgage in the amount of $i5,OOO.00 from PERRY G. STOKES to THE MONEY
STORE/FLORIDA, INC., dated August 17, 1988 and recorded August 16 1988, in Official
Records Book 5775, Page 340; subsequently assigned to BAY LOAN & INVESTMENT
BANK in Official Records Book 5867, Page 1919,
2.) Mortgage in the amount of $6,000.00 from PERRY G. STOKES to THE MONEY
STORE/FLORIDA, INC., recorded October 14, 1988 in Official Records Book 5839, Page 1146.
3.) Affidavits filed by the CITY OF DELRA Y BEACH in Official Records Book 6166, Page
92 and Official Records Book 6321, Page 1101.
4.) Default and Final Judgment filed against PERRY STOKES, recorded March 27, 1984, in
Official Records Book 4194, Page 92.
5.) Resolutions filed by the CITY OF DELRA Y BEACH recorded in Official Records Book
5645, Page 476; Official Records Book 6259, Page 552; Official Records Book 6413, Page 160,
and Official Records Book 6805, Page 1110.
TAXES:
1991 Taxes are DUE in the amount of $1,335.25, if paid by November 30, 1992.
Folio No. 12-43-46-16-01-002-0140
BY:
.~:--
Jenkins Appraisal Services, Inc.
5827 Corporate Way, Suite 206, West Palm Beach, FI 33407 Ph: (407)640-4059 Fax: (407)640-8183
January 25, 1.995
Ms. Sherry Johnson, Administrator
Affordable Housing Program
City of Delray Beach
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, Florida 33444
Re: Stokes Property
Dear Ms. Johnson:
In accordance with yo~r request, we have made an inspection,
analysis and appraisal of the above referenced property. This
property is located on the southeast corner of N.W. 8th Avenue and..
N.W. 3rd St~eet in Delray Beach, Florida.
Bas~d upon our research and analysis, the Market Value Estimate of
the fee simple estate of the subject property, as of January 1.9,
1995 was:
As-Is:
;- ~~c!
Thirty-Three Thousand Dollars
$33,000
As Renovations:
',ic. . F~\ :~.'!"-; ..<,', ~~1:~'sV{ii;::'" ""1'';" ~t~t"~/~:':
Sixty-Nine Thousand Dollars
$69,000
An explanation of the valuation procedures utilized is contained
within this report. This letter is made part of and subject to the
Assumptions and Limiting Conditions set forth in the report herein.
Respectfully submitted,
Jenkins Appraisal Services, Inc.
C])t~.~
Diane E. Jenkins MSA
State-Certified General Real Estate Appraiser #0001188
~~
State-Certified Residential Real Estate Appraiser #0000830
"
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1.0C'~~~Ol JO~1 stokes Duplex .O.C.I :::;\
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:- !:ulh>io,k. E:xC."lilion' ; DObson-Shaw .'
"':~)i,oci\n'. A II Areas Pest contra I :::
"~I\'\'" .
11111 ''.._ _, , ..' -:---------. , ---
T Co.cr~L' Mal.rlal' lnl<er r ater1als ' 500,00
_ Co.~r:I.1.ahor' orace 'htte ,>nn nn
_ ,"''',0.,11)' M'I*.llal 11IoCM No, e~t ComDanv 300 00 : ' b
Muoliiiy L.bot nc 1 ude( II hovp' - - -" ,', . I" ,
5Lruclllt.15lftl fnkpr ,lc - t'l; "/~;.k"'"
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, $1,0'- ,!fl>rk ---- ---" l~:;~!',~' .
~"indowa ',".d Serte.a Acorn Products , 1 ann' nri ,:; ~1;::.t',~,A,'t,~,?'~,;\,;',.. '<',
J - . ' , "")('~-"~~h"~"''';'-'~
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"'.'\" a II e umuer --- ",?.-.'Wi"1,'{"" _'--,-.
Roolhi, &lid 5h.al M'l&\ WOlle Cast 1110 " 2000. OOi I: ~~'J:;~:.?~ --.
, Ornom:tD~l MmllTo,k ---- -- "',: to\.??g~1}'S- ,
rorm 1I.d f'r.M\n, Lumber tlU1IOerway 700. OO:! :'+J~~~~!.:
, Millw\.k" ~t ,ant lC llu11Clers :>upp 'y 800'.00"',) ,1~~:::'t.':>;!"
--c;.;r.;;;./\ 1.. bot r 1T 1 n ~ 13 0 0, 00 ; .. :: i~?;:;.,'tj;ri;::::;
-C ' L b I" d ,....L LJ 'ons'"'ruc''' on . .. ",.....,,', .,'
..~Jt.r a ot, o~, an Roup wubtr . ". ~ ''-I ,... 1 ; : ,} ~).~~''':i':.' .~t~;.
.~\Ior LLl.4r MIIlwotk . W. ConstrUCt 10n 'Hln nn" , ,I"
Flnloll floor. ; erl age (;arpet & Ille ' 2000.00'
i Clhlol....ndVlnlllo' 10- ontlOent 1500.00
~'O( Dry \1'.11 ' l sprey-rreonCK ' 1000.00
.' Plul~rlnl and St.,..o eorge (;a (awe II llJuu. UU
Tile,Mublund'!'mauo err lorefla . 2000.00
..~
P&inll~l \liolk .nd.\I'&1l PtP4t eon Freor1cl< 2600.00
'~~Iu \lio/Ie: ' ora I I'lul1\DlnQ 3000.00'
tl.~lt'k \liorle ' ender rass E lectnc 4000.00' i
'~II&1dWilro,"'11.ow,I""D' orne eDot 100.00 ',!;
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Elecll",lcf'I.'I"r~AJ1o.,allC.' orne epot 500.00' ,:;,!
~H..-d".... cott s '__ '.:::
^lrC~ndlllonl.:c.."dH"1 lorl.a Heatlna &AC Annn'nn '!:!
"~in~' : O. Fredncl< ' 1700.00 ' ;i:l
~jn.Clb\n.I'I::inelvlOa Dales Desions 300.00-~;:
, Tub If;dShow,r EhClotur..' Dales Des;ons .,~
--;:;;;;;T:~u. CelliA~ · ---- j.
.---:" .lb_ " _ _ _ \
" In.ul&;:Ion American Insulation lOO.o.O'
'Ii {::!iC~n;::k ~~~~ IpoO I Bullder SUOD Iv 1 ~~~. 00' '.1-:1
~!IOOOla ' Crawford' Garaoe' Doors ---''1'
; L..d.....plQ' .. A II Florlda Plant, .' ___::!
~:DrJvu6lldl'"IIOt Horace White .. ___ ':;,,1,
'p;;;;;ji. " C It v 600 . 00 ' : ,;:
'~iIY ud Comil<o~'ltoo ""'UUAOO Home Bui Iders Insurance fund ___ "U
nnJlb Cu4inl ! Oobson-ShaW ' ___ i!
\ IM~.lI&ll'oUl ; Griffin',' " '. ' ': '" 1 ?Iln nn '\:
CO.Ir~c(ot'aru Griffin' . 2000.00:.,
~~'clllt.lf'c. ! ___ ,1"
. Sur..; O'Brien SUlter. QIBnen" __ ,
~;~ol(SuPCI".-ia;onl Griffin 3000.00 >'
.~~ Enclo.u.... " ..', " --- ,,: U
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, w....,\itltrotll'.lI: Cltv ---!
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REHAB REPAIR COST ESTJMA TE FOR
PE.RRY S TOKES DUPLEX
~/#., LQ~-
z/ ...;;.
DATE: ------ ----i __.1..-
PROPERTY OWNI ------.-------------
PROPERTY ADDR 714-716 N.W 3rd STREET,DELRAY
PHONE:
COST
EXTERIOR ?1l0~! ~~ . / ....;~~~
· REPLACE COMPLETE ROOF COVERING WI~~.
INSTALL NEW FLASHING & NEW EAVE DRIP EDGE,
/ APPL Y ONE LAYER OF 30# FELT AND T!N TAG. APPLY
225i~ SELF SEALING FIBERGLASS SHINGLES $2,608.50
'" BUILD NEW ENTRY FRONT PORCH $1,850,00
11 REPLACE ROTTED/DAMAGED SHEATHING $432.00
~ REPLACE ROTTED/DAMAGED RAFTERS $300.00
'" REPLACE DAMAGED FASCIA $350,00
'" REPLACED DAMAGED SOFFIT WITH SCREEN $400,00
SOFFIT LATH & PLASTER $437.50
'" REPLACE WINDOWS, INCLUDING SCREENS.
BATH WINDO\NS TO BE OBSCURED GLASS. (14X) $2,376.50
'" REPLACE EXTERIOR OOOR(S) AS REQUIRED WITH NEW
PREHUNG ENTRY METAL DOORS. INSTALL NEW LOCKS
WITH DEAD BOLT(S) $375.00
fl REPAIR EXT. WALL AND FINISH TO MATCH EXlSTING. $1,100,00
· REMOVE CONST. DEBRIS FROM THE PROPERTY. $550,00
.. PRESSURE CLEAN EXT WALL. SCRAPE AND CLEAN ALL
WOOD TRIM. APPLY T\^JO COATS OF PAINT. $1,562,85
.. REMOVE DOOR & WINDOW & REPLACE WITH SLIDING
GLASS DOOR $500.00
" EXT WIRE LATHH\iG & STUCCO $262.50
INTERIOR
,. INSTALL ATTIC INSULATION (BLOW TYPE) $550.00
"FINISH THE NEW WALL & CEILING TO MATCH EXISTING, $950,00
,. REPLACE INT DAMAGED BED & SA TH DOOR(S) $1,350.00
" REPLACE INT. DAMAGED CLOSET DOORS AS REOO $810.00
I KNOCK DOWN P.A.RT1TION WAll & FINISH TO MATCH
EXiSTING ,WALL, CEILING & FLOOR $350,00
LIVING ROOM
"1/2" DRYV\/AlL ON WALL/CEiLING AS REaD $400.00
"INSTALL BASEBOARD AS ROUIRED $96.25
"INTERlOR PAINT $225.00
"' ;_:G;--lT Fl)(TL:RE :sse.oo
.. FLOORING: CARPET $';:3" 5"1
J ...-. C
DINING ROOM
1< DRYWALL ON WALUCEILlNG & OPENNING AS REOD $200.00
"INSTALL BASEBOARD AS RQUIRED $61,25
" INTERIOR PAINT $150.00
* LIGHT FIXTURE $'100,00
* FLOORING: CARPET $189.00
HALL
* PATCH WALL TO MATCH EXITING $200.00
*INST ALL BASEBOARD AS RQUIRED $43.75
,., INTERIOR PAINT $112,50
* LIGHT FIXTURE $120.00
.. FLOORING: CARPET $151.20
BEDROOM # 1
-" 1f 1/2" DRYWALL ON WALUCEILlNG AS REQD $200.00
.. INSTALL BASEBOARD AS RaUIRED $43,75
* INTERIOR PAINT $240.00
.. L1GHT FIXTURE $60.00
'" FLOORING: CARPET $252.00
BEDROOM # 2
'11 1/2" DRYWALL ON WALUCEILlNG AS REQD $100.00
1< INSTALL BASEBOARD AS ROUIRED $43,75
'" INTERIOR PAINT $240,00
.. LIGHT FIXTURE $60.00
* FLOORING: CARPET $300.30
BEDROOM # 3
.. 1/2" DRYWALL ON WALUCEILlNG AS REaD $100.00
* INSTALL BASEBOARD AS RQU1RED $43,75
* INTERIOR PAINT $240.00
* L1GHT~~\~ $60.00
"FLOORf iG: CA.. ET $300.30
BEDROOM # 4
-j( 1/2" DRYWALL ON WAlUCEILlNG AS REOD $100.00
K INSTALL BASEBOARD AS RQUIRED $43.75
"'INTERIOR PAINT $240.00
.. LlGHT' FIXTURE $60.00
* FLOORING: CARPET; VINL Y; TILE $252.00
BATHROOM #1
.. 1/2" GREEN BOARD ON WET AREA AS REOD $160.00
" INTER!OR PAINT $1 01 .25
*INTER!OR LIGHTING $60.00
, ,
~ FIXTUHES: TUB; TOILET; FAUCET (3-, $0,00
<< VANITY; U\.VATORY; M/C $325,00
., REPLACE BATH WALL TILE AS REOD $360.00
Jc FLOORING: TILE ,~;J~l~,' $157,50
. .J
I
SA THROOM #2, -' :~
* 1/2" GREEN BOARD ON WET AREA ASlREQD $160.00
"INTERIOR PAINT i~' $101.25
" INTERIOR LIGHTiNG f $60,00
"FIXTURES:.ftJB; TOILET; FAUCET (S) ,} $0,00
.,tI#'; - "',~
,. . VAN!TY: LAVATORy,-; M/C 3~ $325.00
Jc REPLACE BATH WALL TILE A~fREOD';- $360,00
,~'.
"FLOORING: TILE f, $157,50
KITCHEN ,I .
$0.00
'112" DRYWALL ON WALL'CEILfG A .,EQD
'" INTERIOR PAINT .,'" '~' $ 71 .25
" LIGHT FIXTURE .'. i>~ $60.00
~ i - .f,J"_
"'CABINET:8ASE. 10 . "'! WAl!t 10 $3,000.00
* KIT. SINK; REF; RANGE,DIW,I:>,ISpf;'- -- $2,000.00
'.-'j ., FLOORING: VINL Y .}~ $225.00
ELECTRICAL
'" REPLACE DAMAGED RECEPTACLES & SWITCHES $3,000.00
AND PANEL BOX UPTO CODE
* SMOKE DETECTOR i'l $150.00
i'
,
PLUMBING
* CHECK DRAIN I WATER CLOSET $275,00
"VVATER HEATER ~: $200.00
MECHANICAL
M-1 INSTALL A NEW NC SYSTEM $3,200,00
MIse
PERMiT FEES $550.00
GENERAL CLEAN UP $200.00
.-------------.-.
REHAB STO REPAIR COST ESTIMATE: $37.997.65
--------..-------.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!~1
SUBJECT: AGENDA ITEM i 9.~. - MEETING OF FEBRUARY 21. 1995
SELECTION OF CIVIL/SANITARY ENGINEERING FIRM WITH AOUIFER
STORAGE AND RECOVERY EXPERIENCE
DATE: FEBRUARY 17, 1995
This is before the Commission to consider approval of the Selection
Committee's ranking of firms to provide civil and sanitary
engineering services, with experience in aquifer storage and
recovery projects. We are also asking for authorization to enter
into contract negotiations.
Five firms responded to our Request for Qualifications. The
Selection Committee, consisting of Bill Greenwood, Dick Hasko, Dan
Beatty, Howard Wight and me, reviewed the RFQs and ranked the top
three firms as follows:
1. CH2M Hill, Inc.
2 . Hartman and Associates, Inc.
3. Post, Buckley, Schuh and Jernigan
We will enter into a contract with one firm to do the work
described in the attached memorandum from Bill Greenwood.
Recommend approval of the short list ranking, with authorization to
begin negotiations with the top-ranked firm. If unsuccessful, we
would begin discussions with the next firm, and so on.
d;~~ 1/-0
ref:agmemo6
Agenda Item No.
AGENDA REQUEST
Date: 2/16/95
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 2/21/95
Description of item (who, what, where, how much) : Staff requests
Commission approval of the Selection Committee's ranking of engineering
firms to provide civil/sanitary engineering services and who have
experience with Aquifer storage and Recovery projects and requests
authorization to negotiate with the top three ranked firms.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: The Selection Committee ranked the top three firms with
ASR experience as follows: 1 ) CH2M Hill, I nc . i 2) Hartman and
Associates, I nc . i 3) and Post, Buckley, Schuh and Jernigan.
DEPARTMENT HEAD SIGNATURE: #-f/8. _.__-fi -0:4..--
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds) :
Funding available YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved f?r agenda: &/NO t~l :..--c.?,,:~(',e:.,\c,,:J--v i- ~:_-V-=-tV_L--C- [.~.l"
Hold Until. I~'~ _ttvVv~ /~ .~ t~, u- ~~-l. .:~ ,<~.-/, ~#L'\ '
A d C di t R i ' }-"-J.'-l.-<ck~ ;<--~-.t (~ 1-\ ~/d ,dv""~H\
gen a oor na or ev ew: ,"'0' , '
Received:
Placed on Agenda:
Action:
Approved/Disapproved
9;:
MEMORANDUM
TO: David T. Harden, city Manager
FROM: William H. Greenwood, Environmental Services Director ~
~HS-
SUBJECT: SELECTION OF CIVIL/SANITARY ENGINEERING FIRM WITH
AQUIFER STORAGE AND RECOVERY (ASR) EXPERIENCE
DATE: February 16, 1995
On January 29, 1995, the City advertised for Requests for
Qualifications (RFQs) for Civil/Sanitary Engineering Services with
ASR experience. The submittal period closed at 5:00 P.M., February
13, 1995. We received five RFQs.
On February 16, 1995, a selection committee consisting of you, I,
Dick Hasko, Dan Beatty, and Howard Wight reviewed and short-listed
the RFQs for the above project.
The top three firms were CH2M Hill, Hartman and Associates, Inc.
and Post, Buckley, Schuh and Jernigan.
I am requesting that this item be placed on the February 21, 1995,
regular City Commission meeting for approval of the short-list and
to authorize staff to negotiate with these firms.
WHG:cl
Attachments
.. fJI1
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: Engineering Selection Committee:
David T. Harden, City Manager
William H. Greenwood, Dir. of Environmental Svcs.
Richard Hasko, P.E., Dir. of Public utilities
C. Danvers Beatty, P.E., City Engineer
Howard Wight, Construction Manager
FROM: William H. Greenwood, Dir. of Environmental Services ~4!b-
DATE: February 14, 1995
SUBJECT: QUALIFICATION PACKETS FOR ENGINEERING SERVICES
1.0 General Instructions
Engineering Selection Committee will meet on Thursday,
February 16, .1995, 2:00 p.m. in the Environmental Services
Department conference room. Prior to this meeting, please
review the qualifications packet and short list three (3)
firms for Civil/Sanitary Engineering with Aquifer Storage
and five (5) firms for Civil/Sanitary Engineering. Please
fill out the consultant rating summary form for the short
listed firms.
2.0 Civil/Sanitary Enaineerina Firms with Aquifer Storaae and
Recoverv Excerience
Consultant selected and awarded the contract and a service
authorization will be performing professional services on
Aquifer Storage and Recovery facilities and other projects
as assigned.
o Scope - Design two Aquifer storage and Recovery Wells,
including booster stations to be placed on the City'S
water transmission system. The two most feasible
locations include the Municipal Golf Course and the
Public utilities two (2) million gallon North storage
Tank. Other projects as assigned.
o Budget - ASR $3.0 million Project Budget
o Time Schedule - Complete one (1) ASR installation
within 365 days.
3.0 Civil/Sanitary Enaineerina Firms
Consultants selected and awarded a contract and service
authorization will be performing professional services on
infrastructure repair/replacement projects. Projects
.
Qualifications Packets
February 14, 1995
Page two
awarded to consultants will be to flatten the work load of
the City Engineer's Office or to meet critical time
constraints.
0 Scope - Infrastructure repair/replacement, stormwater
pump stations, etc.
0 Budget - Project budgets vary from $200,000 to
$1,600,000.
0 Time Schedules - Varies. .Most important time schedule
is the Barrier Island Stormwater Pump stations to be
completed and operational by December 25, 1995.
WHG: mm
,
File: WHGENG.MRM
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rn
SUBJECT: AGENDA ITEM # 9,~. - MEETING OF FEBRUARY 21. 1995
SELECTION OF CIVIL/SANITARY ENGINEERING FIRMS
DATE: FEBRUARY 17, 1995
This is before the Commission to consider approval of the Selection
Committee's ranking of firms to provide civil and sanitary
engineering services. We are also asking for authorization to
enter into contract negotiations.
Eighteen firms responded to our Request for Qualifications. The
Selection Committee reviewed the RFQs and ranked the top four firms
as follows:
1. Hazen and Sawyer, P.C.
2. Eckler Engineering
3. Sheremeta Associates
4. Professional Engineering Consultants
As we have since 1991, we would like to have several firms under
contract for civil and sanitary engineering. The firms selected on
this list would replace those selected in 1991. We would like to
contract with all four firms listed. Types of projects would
include water and sewer, road construction and storm drainage. We
will also continue to maximize use of our in-house engineering
staff.
Recommend approval of the short list ranking, with authorization to
begin negotiations with the top four firms.
tl;~ J.j-O
ref:agmem07
Agenda Item No.
AGENDA REQUEST
Date: 2/16/95
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 2/21/95
Description of item (who, what, where, how much) : Staff requests
Commission approval of the Selection Committee's ranking of engineering
firms to provide civil/sanitary engineering services and requests
authorization to negotiate with the top four ranked firms.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: The Selection Committee ranked the top four firms as
follows: 1) Hazen and Sawyer, P.C. ; 2) Eckler Engineering; 3) Sheremeta
Associates; and 4) Professional Engineering Consultants.
DEPARTMENT HEAD SIGNATURE: ~Id,,-- -~-.LJ ;;~4 4-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds) :
Funding available YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO t?vl ,(:t !-,)-<: k.,~G :~~ ("I (i ~ f Lc'-t c~'C"-l:\ ~~~,
Hold Until: .~" _~"<<; +c~~~:\ f~1-~~~\ c<Yr~"-;:'i~'
Agenda Coordinator Review: {~~~\L:~-"\ ,,~~.J..r-'2 .~-rv~-<;'~l . ./-/.,. f!1;V-'r
Received: :/--<"\:..:. 'c.t-<~ a--.'LL.. 1Li--''"\. . LCrv')~\ ',-*"'''---,''--/''''-'<-'
Placed on Agenda: p:c ~:7L-~ .~ trr I,' L2.c !-' ~:v,':~L1G- --r.;'t:
Lc~-:L-<,* ~~dJ-( c'/0.;J:;'-<.& A,-~''-f- y;..;t,\
Action: "J1~ i/k1 ~;t ,e.., ,~~ L; L~~t ,~\
Approved/Disapproved
c'-.-I.-'\ , .i.~'-<---\. ,\..c?'L\ Lc>~~~~ {~.\
r ,', '.,
~~ JJ'''''~~r- . ,v (' ~~ .":....~ .t-~ (c<L,,~-><-
kc .~~'-'rr;. 'J(l ,i4L <~ k,~
L~r~<7~t '
.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: William H. Greenwood, Environmental Services Director ~~
SUBJECT: SELECTION OF CIVIL/SANITARY ENGINEERING FIRM
DATE: February 16, 1995
On January 29, 1995, the City advertised for Requests for
Qualifications (RFQs) for Civil/Sanitary Engineering Services. The
submittal period closed at 5:00 P.M., February 13, 1995. We
received eighteen (18) RFQs.
On February 16, 1995, a selection committee consisting of you, I,
Dick Hasko, Dan Beatty, and Howard Wight reviewed and short-listed
the RFQs for the above project.
The top four firms were Hazen and Sawyer, P.C. , Eckler
Engineering, Sheremeta Associates and Professional Engineering
Consultants.
I am requesting that this item be placed on the February 21, 1995,
regular City Commission meeting for approval of the short-list and
to authorize staff to negotiate with these firms.
WHG:cl
Attachments
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9. H. - MEETING OF FEBRUARY 21, 1995
CHANGE ORDER NO. 5 AND FINAL PAYMENT/HARRY PEPPER AND
ASSOCIATES, INC.
DATE: FEBRUARY 17, 1995
This is before the Commission to consider Change Order No. 5 in
the amount of $41,650.17 and an additional 20 calendar days to
the contract with Harry Pepper & Associates for the Master Pump
Station and Transmission System Improvements project. Also
requested is approval for final payment in the amount of
$61,650.17.
Change Order #5 includes plus/minus as-built quantity adjust-
ments, and miscellaneous revisions which are outlined in Schedule
"A". Other than some minor revisions to certain warranty items,
the project is functioning as designed.
Funding is available from Water and Sewer Capital Outlay - Other
Improvements (Account No. 441-5161-536-63.90) .
Recommend approval of Change Order No. 5 and final payment to
Harry Pepper and Associates, Inc.
~ 1/-0
Agenda Item No.
AGENDA REOUEST
Date: February 15, 1995
Request to be placed on:
,
X Regular Agenda
Special Agenda
Workshop Agenda When: February 21, 1995
Description of item (who, what, where, how much) Staff requests
city Commission aDDroval of Chanae Order #5 - Final to Harry Pepper
and Associates. In-Line Master PumD station and Transmission System
ImDrovements (90-05). Chanaes include Dlus/minus as-built quantity
ad1ustments and miscellaneous revisions Der Schedule A of Change
Order #5. Chanae Order #5 is for a net add amount of $41.650.17
and an additional twenty (20) calendar days to the Contract time.
Fundina is available from Capital, Other L~prove~ents
account no. ~441-5161-536-6~;9u -
.
We are also requestina Commission aDDroval for final ~avment to
Harry PeDDer and Associates in the amounts of $61.650.17.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends Change Order #5 and Final payment
to Contractor. II/di2_ " /IV
Department head signature: J0 ~f~j,~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: &NO
Funding alternative, (if a~~ I
Account No. & De~iont!JD~hl~,j"Jh-fij. fj'([]JjJiJctW > '4JI~ oPlt,
Account, Balance 71 :u, ~
City Manager Review: @/NO rfv1
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir of Construction DiV~~~
Date: February 16, 1995 fU~VV
Re: In-Line Master Pump station and Transmission System
Improvements (90-05) - Change Order 15 Final to Harry
Pepper and Associates
Attached is an agenda request for Commission approval of Change
Order #5, Final to Harry Pepper and Associates on the above
referenced Project. Change Order 15 is for a net add amount of
$41,650.17 and an addi tional twenty (20) calendar days to the
Contract time.
Changes include plus/minus as-built quantity adjustments;
revisions required at the tie-in to the existing 24" force main
at the Booster Station; realignment of the 10-inch force main at
NE 4th st and NE 3rd Ave; sales tax for Data Flow Systems
telemetry installation allowance paid by Pepper; credit for
reduced scope at Lift station 1; and City pro-rata share of
repair to adjacent Elks Club Parking lot.
Also included is a negotiated settlement for additional work at
Lift station 100A at Veterans Park. In excavating for the wet
well installation Pepper encountered a rock strata which altered
their planned construction methods. Rather than installing the
wet well utilizing the caisson method an open cofferdam
of sheet piling was constructed and the rock removed from within
the cofferdam. The borings provided as part of the Bid Documents
included information on existing soil conditions at Lift station
100A and indicated only sand and no rock. A similar rock
condition was also encountered at Lift station 5; no borings were
included in the Bid Documents for that Station. The claim from
Pepper for both stations was a combined total of $91,524.00.
Change Order 5 includes a settlement price for Lift Station 100A
only in the amount of $35,762.00 and twenty (j.,0) additional
calendar days to the Contract time. The claim for Lift station
15 was denied.
Change Order 15 also includes beneficial use bonus for early
completion. The Contract provided for paying $500.00/day bonus
for each day the Contractor completed the work prior to the
Beneficial Use Date up to a total of sixty days (60) days
a total of $30,000.00. Pepper achieved the Beneficial Use status
on February 28, 1994; with a Contract Beneficial Use Date of
April 13. Thru this Change Order they are due a 44-day bonus at
$500.00/day for $22,000.00 total. Twenty of the forty-four days
is attributed to the unforeseen rock claim above.
The total of the two items above is $57,762.00 and represents the
biggest portion of Change Order #5. The cumulative total amount
of Change Orders #1-#5 is $48,961. 05 and represents a 1. 56%
increase over the Original Contract amount.
All of these items are further itemized in Schedule "A" attached
to Change Order #5. Back-up correspondence is also attached on
the additional miscellaneous items.
All remaining items are warranty items. These include the
operation of some of the mechanical equipment and the telemetry
system/software debugging. Other than these minor revisions the
Booster station and Transmission System are functioning as
designed. Based on this we are also requesting commission
approval for final payment to Harry Pepper and Associates in the
amounts of $61,650.17.
Funding for Change Order #5 is available from Capital Outlay -
Other Improvements acct no. 441-5161-536-63.90 in the amount of
$41,650.17. .
CC . Dick Hasko, P.E., Deputy Director of Public utilities
.
William H. Greenwood, Director of Environmental Services
A:MEM09005.DOC
~ 5110S0
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
~OS
CHANGE ORDER NO. 5, Final PROJECT NO. 98 O!5 DATE:
PROJECT TITLE: In-Line Booster Master Pump station & Transmission
System Improvements
TO CONTRACTOR: Harry Pepper and Associates, Inc.
-,
YOU ME HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Changes per Schedule "A" Attached
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 3,135,062.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 7,310.88
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 3,142,372.88
COST OF CONSTRUCTION CHANGES THIS ORDER $ 41,650.17
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 3,184,023.05
PER CENT INCREASE THIS CHANGE ORDER 1.33 %
TOTAL PER CENT INCREASE TO DATE 1.56 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE -12- CALENDAR DAYS, COMPLETION DATES FOR
ALL WORK ARE AS FOLLOWS:
Early Completion Date: February 12, 1994
Beneficial Use Date: April 13, 1994
Substantial Completion Date: June 2, 1994
Final Completion Date: July 2, 1994
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included
is, in my considered opinion, accurate; that the prices
quoted are fair and reasonable and in proper ratio to
the cost of the original work contracted for under
benefit competitive bidding.
Art Austin, P.E. Harry Pepper & Associates, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Servo 4~1-5161-536~63.90 Capital, Other Improvements
DEPARTMENT FUNDS BUDGETED CODE 'SOURCE ",-'
DELRAY BEACH, FLORIDA
By its city Mayor
RECOMMEND: By:
Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
Schedule "A"
Project 90-05
IN-LINE MASTER PUMP STATION
and TRANSMISSION IMPROVEMENTS
Change Order 15 F i na l
--------------------------------------------------------------------------------------------------------------------------------------
ITEM ITEM DESCRIPTION ContractAs-built +/- C.O Unit Net Totals
NO Qty Qty 15 QTY Price AIIIt +/-
--------------------------------------------------------------------------------------------------------------------------------------
CONTRACT UNIT PRICE +/- ADJUSTMENTS
------------------------------------
1.01General Requirements - Div. 1 (except as follows 1 1 o LS 5120,000.00 SO.OO
lI1der th i s i telll)
a. Mobilization, Demobilization, Bonds & Permits 1 1 o LS 5120,000.00 SO.OO
b. Construction Photographs 1 1 o LS 53,000.00 SO.OO
c. Field Engineering and Exploratory Excavation 1 1 o LS S8,000.00 SO.OO
d. Record Drawing Preparation 1 1 o LS 5500.00 SO.OO
1.0201P Force Mains
a. 20-inch 3500 3669 169 LF 5100.00 516,900.00
b. 16-inch 600 615 15 LF 570.00 51,050.00
c. 12- inch 20 17 -3 LF S85.00 (5255.00)
d. 10-inch 2000 1838 -162 LF $60.00 (59,720.00)
e. 6-inch 850 794 -56 LF $45.00 (52,520.00)
1.03ReMOval of Muck or Other Unsuitable Material and
Replacement with Suitable Material 500 0 -500 CY S8.00 ($4,000.00)
1.04Jack and Bore
a. U.S. No. 1 1 1 o LS 550,000.00 so. 00
b. Atlantic Avenue 1 1 o LS 570,000.00 SO.OO
1.05Core Drill/Connect to Existing Manhole 5 5 o EA $2,500.00 SO.OO
1.06lnstallation of Fibergalss Liner at Existing Manhole (L.S. 11)
1 1 OLS 519,000.00 SO.OO
1.07Connection to Existing Force Main 12 11 -1 EA 5536.00 (5536.00)
1.08Sanitary Manhole
a. 6 to 10 Feet Depth 1 1 0 51,600.00 SO.OO
1.09Valves and Appurtenances
a. Sewage Air Release Valve and Vault 11 11 o EA 51,600.00 SO.OO
b. 20-inch PlIJSJ Valve and Box (1 - 20", 1 - 24") 2 2 o EA $4,500.00 SO.OO
c. 16-inch PlIJSJ Valve and Box 2 2 o EA 52,350.00 SO.OO
d. 12-inch PlIJSJ Valve and Box 1 1 o EA 51,750.00 SO.OO
e. 8-inch PlIJSJ Valve and Box 1 1 o EA 5700.00 SO.OO
f. 6-inch PlIJSJ Valve and Box 2 2 o EA $600.00 SO.OO
1.10Pavement Removal and Replacement 6100 6242 226 SY 513.00 $2,938.00
1.11Asphalt OVerlay (1-1/4") 10288 9715 -572.11 SY $2.50 (51,430.28)
1.12Abandon Existing Force Mains and Gravity Sewer 1 0.75 -0.25 LS $2,000.00 (5500.00)
1.13Submersible Pump Stations and Valve Vaults
a. Construct L.S. 100A and Valve Vault 1 1 o LS 5135,000.00 SO.OO
b. Construct L.S. 5 and Valve Vaults 1 1 o LS 5125,000.00 SO.OO
c. Demolish Existing L.S. 5 1 1 o LS 51,100.00 so. 00
d. Construct L.S. 18 and Valve Vaults 1 1 o LS 575,000.00 SO.OO
e. Demolish Existing L.S. 18 1 1 o LS 55,000.00 so. 00
f. Construct Drain Systelll P.S. at Booster Station 1 1 o LS $3,500.00 so. 00
1.14Lift Station Modifications
a. Lift Station No.1 1 1 o LS 5150,000.00 SO.OO
b. Lift Station No.4 1 1 OLS 5105,000.00 so. 00
c. Lift Station No. 11 1 1 OLS 5140,000.00 so. 00
1.15Asphalt Access Driveways 70 0 -70 SY 510.00 (5700.00)
1.16Master Lift Station Demolition 1 0.12 -0.88 LS 523,000.00 ($20,225.00)
1.17Relocate Existing 250 KW Generator to L.S. No.1 1 0 -1 LS $2,500.00 ($2,500.00)
1.18Construct Master Booster P~ Station 1 1 o LS $1,140,420.00 $0.00
1.19Allowanc:es
a. Booster Station RTU and Antenna 1 1 o LS $15,750.00 $0.00
b. Lift Station 100A RTU and Antenna 1 1 o LS $7,350.00 $0.00
c. Landscaping end Irrigation at Booster Master P~ Station 1 1 o LS $30,000.00 $0.00
d. Electrical Service - Booster Master Pu.p Station 1 1 OLS $6,000.00 $0.00
e. Electrical Service - L.S. 100A 1 1 OLS $2,000.00 $0.00
f. Electrical Service - L.S. 5 1 1 OLS $2,000.00 $0.00
g. Electrical Service - L.S. 11 1 1 o LS $2,500.00 $0.00
h. Electrical Service - L.S. 18 1 0 -1 LS $2,000.00 ($2,000.00)
i. Allowance for contingencies 1 0.97 -0.03 LS $50,000.00 ($1,679.57>
1.20lndennification ($10 Mini.u.) of City, their Agents, 1 11 o LS $10.00 $0.00
ADDITIONAL MISCELLANEOUS ITEMS
------------------------------------
11>11 24" Tie-in at Master Booster Pump Station 0 1 1 LS $11,359.58 $11,359.58
COR18 Realignment of 10 Inch Force Main at NE 4th St. and NE 3rd Ave 0 1 1 LS $4,000.00 $4,000.00
COR 1 Subsurface Conditions at LS 100A 0 1 1 LS $35,762.00 $35,762.00
COR2 Sales Tax for DFS Telemetry Equip at LS 100A & Booster Station
(not included in allowance item 1.19a & 1.19b) 0 1 1 LS $1,360.00 $1,360.00
--- Early COMpletion Bonus
for early COMpletion thru C.O." (2/28-3/24); 24 days x $500.00 0 24 24 Dy $500.00 $12,000.00
add'l tiMe for subsurface claim per C.O.IS; 20 days x $500.00 0 20 20 Dy $500.00 $10,000.00
RFP8 Reduction in HPA scope at LS '1 as per C.O." 0 -1 -1 LS $7,163.32 ($7,163.32)
--- City Pro-Rata Share of Elks Club Parking Lot 0 -1 -1 LS $490.25 ($490.25)
-----------------------
Net Total Change Order IS, Final $41,650.17
-----------
-----------
CONTRACT/CHANGE ORDER RECAP
---------------------------------
A. Original Contract $3,135,062.00
B. Net add of Change Orders 1-5 $48,961.05
--------------
Final Contract Amount $3,184,023.05
====-==_.=====
$3,184,023.05
C. Percentage of Change Orders over Original Contract -------------- = 1.56%
$3,135,062.00
!J#~ n~ YcJ r~) S
! . /l
=~. ~ " 1
f/' ~_=.&.' ~,\, HARRY PEPPER & ASSOCIA TES, INC.
L_' L _ L...:. April 8, 1994 ENGINEERING CONTRACTORS
Professional Engineering Consultants, Inc.
200 East Robinson Street, #1560
Orlando, Florida 32801
Attn: R. Kent Veech
Re: In-Line Booster Master Pump Station and
Transmission System Improvements
Delray Beach, Florida
Project No. 90-005
Subj: Subsurface Conditions at LS-100A & LS-5
Gentlemen:
In our correspondence to P.E.C. dated July 19,1993 and November 1,1993, notification was
made of differing physical conditions at LS-100A, LS-5 nd LS-18. For your reference, we have
attached copies of those letters to this letter. P.E.C. responded to our first letter on July 28, 1994
directing us to proceed with the three lift stations and that additional work attributable to differing
conditions would be considered if encountered.
Differing conditions were encountered at LS-100A and LS-5. With the Owner's decision to
renovate the existing LS-18 wetwell. we are now able to present our additional costs due to the rock
that was encountered at LS-100A and LS-5.
The attached sheet summarizes our costs for the following which were required only as a
result of the presence of rock:
1. Installation of cofferdams consisting of interlocking steel sheeting.
2, Punching and removal of rock.
3, Additional subsurface investigation to verify that provided in the bidding documents.
4. On-site seismographic monitoring during the driving of the sheeting and punching the
rock.
In addition to the costs shown on the attached sheet, the adtlitional work required as a result
of the differing site conditions added approximately 40 calendar days to the duration of the work.
This will require an extension to the Contract Time (including all milestone dates) in that amount.
18901-A N.E. 5TH AVENUE · N. MIAM/8EACH. FL 33179 · 305/653-9055 . FAX 305/653-5433
Professional Engineering Consultants, Inc.
April8,1994
Page 2
Also attached to this letter are other documents and photographs substantiating the presence
of rock and the various costs, At your request, we can also furnish videotape showing the sheet
piling installation and rock removal in progress.
Please incorporate these costs and time extension described herein into a change order. Do
not hesitate to contact the undersigned should additional information or discussion be needed.
Very truly yours,
HARRY PEPPER & ASSOCIATES, INC.
~lJ ex
Thomas R. Westervelt
Project Manager
TRW/jr
cc: Bob Phillips, City of Delray
Howard Wight, City of Delray
Jacksonville
,
Additional Costs at LS-100A & LS-5 Due to Differina Conditions
1. Sheetpiling and Punching/Removal of rock $58,333.34
(see attached invoices from Shoreline Foundation)
2. Additional Subsurface Investigation (see $ 1,683.75
attached invoices from Fraser Engineering
and Eastcoast Testing.)
3. Seismographic Monitoring (see attached $ 1,384.50
invoices from Ardamen & Associates and
Philip R. Berger & Associates.)
4. HP & A Field Supervision:
Superintendent - 80 Hrs. @ $23. 75/Hr. $ 1,900.00
Labor Burden - 40% x $1,900.00 $ 760.00
Pickup Truck/Fuel - 80 Hrs. @ $10.00/Hr. $ 800.00
$ 3 460 00
SUBTOTAL $64,861.59
+ 1 % Insurance $ 648.62
+ 1.5% Bond $ 972.92
+ 15% OH & P $ 9,972.47
TOTAL $76,455.60
,
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PROFESSIONAL ENGINEERING CONSUL TANTS,t1,f1:G.".,~
. ...j ~1 '\..';'-1 FJ /4'", ~ D B-04
July 29, 1994 9!, ".,!It', ~ Ii.:
1;"_.';J .... ; 1-3.1
: Plfp
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Harry Pepper & Associates, Inc. hi, ~ j
... ".. ~ ,; .: '. .
1890l-A N.E. 5th Avenue '. '- i ~/ ,'J :
North Miami Beach, Florida 33179 ".. Io..J
Attn: Mr. Thomas R. Westervelt
I Project Manager
I
RE: City of Delray Beach
In-Line Booster Master Pump Station
Subject: Contractor's Request dated April 8, 1994 for Additional Compensation
I Related to Subsurface Conditions at LS-l00A and LS-5
I
I
Gentlemen:
We have completed our review of the above referenced request by your firm on this
project. Pursuant to our thorough review of your submittal package and our project
records, and our discussions with your staff and with City staff, we have reached the
following conclusions:
O~ 0'U) 1. As previously stated in writing to you, differing subsurface conditions cannot
exist at LS-5 since geotechnical information was not provided with the bidding
UI\Ii\ ~ S documents. Therefore, we cannot recommend any additional compensation at
([)/L ~. S . i LS-5,
I
I 2. We agree that differing subsurface conditions were encountered by you at the
~fM LS-l00A site. It is recommended that you revise the costs back-up for your
request to reflect only those bona fide additional costs associated with LS-l00A.
~ t f,u f/ I f Also, the mobilization costs should reflect some reasonable pro-ration between
r 0 LS-l00A and LS- 5, since the subcontractor mobilized for both pumping stations.
Jt11W1{W ! Also, please review your costs and substantiate to us that none of the costs for
./ DO excavation and structure installations were covered in your winning bid for this
~ ~)) J (/1... I project. There appear to be duplications;
3. Regarding your request for an extension of contract time in days to, accomplish
the additional work on LS-lOOA, we cannot agree that any additional time for
f I f tJ this additional work related to differing subsurface conditions should count
Nt'D LA t~~(l-, toward the bonus clause of $500.00 per day for early completion. Our records
, I} a~" and those of the City indicate that LS-1OOA was not the "pacing" item for your
f{tJ>,^ 0 ~ALIJ overall completion of this project, since that critical path component was in fact
OA~J {0 I the Master Booster Station.
I Our records indicate that there was a considerable period of time that you did
not move ahead with the lift station work that was available to you.
r:-'"7glr.eerj
:Jia:-:r.ers
st.:",eyors 200 East Robinson Slreel . Suite 1560 . O'!a~oo. Fiorlda 32801 . 407:422-8062 . FAX 407i84~.~401
Harry Pepper & Associates, Jnc, DB-04
July 29, 1994
Page 2
Upon receipt of your revised submittal, we will complete our review and, if acceptable,
we will prepare an appropriate change order.
If you have any questions, please advise.
Sincerely,
Tom R. Kelley P. E,
Principal
TRK/ak- W89
cc: Mr. Richard Hasko, City of Delray Beach
Mr. Howard Wight, City of Delray Beach
Mr. Arthur Austin, P.E., PEC
Ms. Catherine Campbell, PEC
Mr. Kent Veech, PEC
,
HARRY PEPPER & ASSOCIA TES, INC.
ENGINEERING CONTRACTORS
August 11, 1994
,
City of Delray Beach
Enviromental Services Department
434 South Swinton Avenue
Delray Beach, Florida 33444
ATTN: Howard Wight
RE: In-Line Booster Pump Station and
Transmission System Improvements
City of Delray Beach
SUBJ: Differing Subsurface Conditions at
LS-I00A and LS-5
Gentlemen,
The purposes of this letter are to provide the additional
information pertaining to the subject matter that you requested
at our meeting on July 27, 1994 and to address the July 29th
letter from PEC concerning this mater:
1. Attached is a revised cost breakdown which shows in
greater detail those additional costs which would have
been incurred by installing the lift stations by the
caisson method and those additional costs that were
incurred by installing the lift stations using the
open cofferdam method.
The costs shown on the attached sheet for installation by
the caisson method are consistant with our intended
m~thod of construction and anticipated costs at the
time of bid.
2. In his July 29th letter the Engineer states that since
geotechnical information at LS-5 was not provided with
the bidding documents, there can not be differing
conditions. We disagree with this conclusion. We believe
the essence of this issue to be:
18901-A N.E. 5TH A VENUE · N, MIAMI BEACH. FL 33179 . 305/653-9055 . FAX 305/653-5433
1. Did the bid documents make any representations,
e~press or implied, upon which the Contractor
relied, as to subsurface conditions?
2 . Were these representations inaccurate and materially
misleading as to the subsurface conditions actually
encountered?
With respect to L5-5, we consider t.he 38 borings provided
with the bid documents to substantiate an answer of yes
to both of these questions even though none of these
borings were taken at that location. Furthermore, the
fact that no design phase borings were taken at 15-5 and
the structural design at 15-5 was identical to that at
1S100A and 1S-18 indicates that the Engineer, like the
Contractor, had reasonable basis to consider subsurface
conditions to be the same at all three sites.
3. Also in his July 29th letter, the Engineer takes the
position that no time extension is warranted as a
result of the differing subsurface conditions. He states
that "There was a considerable period of time that you
did not move ahead with the lift station work that was
available to you". This could not be further from the
case. Had rock not been encountered, the three lift
station wetwells would have been installed in
accordance with our original schedule commencing in
June,1993.
Until the presence of rock could be verified, we did not
know what type of structure (1. e. caisson or closed-
bottom) to purchase, submit and fabricate. In addition,
the presence of rock forced us to perform additional
exploratory excavation, present the findings to the
Engineer and await direction, determine an appropriate
method of construction given the actual subsurface
conditions, solicit quotes from potential subcontractors,
negotiate and consummate a subcontract, schedule the work
and mobilize the subcontractor. These activities, not
reasonably contemplated but for the differing site
condition, delayed start of the lift station
construction until November, 1993, some 150 days later
than scheduled. In constructing the three lift stations
much later than anticipated, we were unable to
concentrate our workforce, supervisory personnel and
equipment on the critical work scheduled for completion
later in the project. Therefore, we continue to feel
that the differing subsurface conditions delayed the
overall completion of the project and that a time
extension is both reasonable and clearly justified.
The additional costs shown on the attached sheet of $71,524
and the 40 day time extension requested in our April 8th letter,
when extended by the early completion reward, total $91,524. In
the interest of settling this matter, we would be agreeable to
reimbursement for only our additional costs at LS-100A ($35,762)
and a 20 day time extension ($10,000) for a total of $45,762. Our
offer to reduce the amount of the claim is contingent on prompt
settlement of this matter, prompt settlement of the other
outstanding issues requiring resolution, and prompt payment of
all outstanding amounts due our firm under this project.
We hope this letter will promote a mutually satisfactory
settlement. Do not hesitate to contact us should discussion or
additional information be needed.
Very Truly Yours,
~Eo/tbs C.
Thomas R. Westervelt
Project Manager
Attachment
xc: Dick Hasko, City of Delray Beach
Tom Kelly, PEC
M E M 0 R A N DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM i q I - MEETING OF FEBRUARY 21. 1995
APPOINTMENT OF STUDENT MEMBERS TO THE EDUCATION BOARD
DATE: FEBRUARY 16, 1995
On January 3, 1995, the City Commission adopted Ordinance No. 98-94
which provides for the appointment of two ( 2 ) student members to
the Education Board. The students are required to be city
residents or attending Delray Beach schools.
One of the initial appointments will be to a term ending July 31,
1995, with the other to a term ending July 31, 1996. Thereafter,
student members will be appointed to full one and two year terms.
A student member may not serve more than one term.
Applications have been received from the following:
Sacasha Brown ~ f)J), ~
Ethan C. Hansen Au; 1fJU7, I&ndo-tpL;
The appointments will be made by Commissioner Alperin (to a term
ending July 31, 1995) and Commissioner Randolph (to a term ending
July 31, 1996) .
Recommend appointment of two student members to the Education
Board.
ref:agmemo
! CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~() t! ("tc Shn ~ f OIOJT'
t-]~(oS. W. ;).O"tn c,-+ . l)e\ (~2r~. ~34~5.
BOME ADDRESS (Street, City, Zip Code) (LEG RESI NCE
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
:1I0ME PHONE ~ 0,- 27 c.f - ~ 7S~ BUSINESS PHONE
:.oN WHAT BOARDS ARE YOU INTERESTED IN SERVING 1)Q.i (fl.tj 'B (\j) . P clu(htL(X"\;'
~O (' d
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS --u -H'\ r; (('I (if> ~-h · In p v"\+ 0+
\+\--\ a 1\-\- \ r. H:ig" g(\ .x-vi) l . .i.. n -\f In (1+ I () n(f ~
fup.l'flP1I0~e~ c..+U~(\+
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
..
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION :r ht1 \J-E0
(\ ,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
BOARD.~ ~ri ~(lhn-~\
' .::.l hn VP , [)~ --.l ,...-.p ( L).J mp ~+
Co<nmi~~ -\'()~ raS:l -I-r'-Dc )pars. t)P;~
l>~P~~ ,anti V\{"~-ll:;;~(l\ertt ..{h( \lOr (ouLJ O(~()iCa+L6r:
.I hQ ole a des\ ore -tO~ ~ ct'OOO -for -the..bet;er -+a K..e.
PLEASE ATTACH A BIlIEF RES . 'P\L\ \0 e..a.u.~ '0,,", Qnd au..- ~\~S-\e()
I HEREBY CtRTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
\ 1 P-- :J Q5.
,D E
4/90
Re.ume tor Brown. S.c..h. Kionie
Addre... 796 S.W. 20t.h Ct..
Oelr.y Be.oh. Fl. 33445.
Telephone Number. 407-274-9754
Blrt.hd.ote. Febru.ry 13. 1978
Aot.lvit.ie..
. E.ale. tor Exoellenoe - Pre.ident. (11 )
. SPIKE New.p.per - Advl.ory Counoil
. Volunoteer Bure.u at t.he Unioted W.y (VIP) Te.m C.pt.in
(11)
. Key Club (11 )
. Atl.notio Hlah Sohool Amb....dor (10.11)
. N.tion.l Honor Sooiety (10.11)
. Sohool Improvement Counoil (10. 11)
. HUlh O. Bri.n Vouth Found.tion (HOBV) - (10)
. N.ot Ion. 1 Conferenoe of Christi.ns .nd Jews (NCCJ) (10)
. Oelr.y Be.ch.. Vi.ion 2005 (10)
. Florid. Clo..-Up (10)
. Mu Alph. Theot. - (9.10.11)
. N.otion.l Foren.ic. "'e.lue (Oeb.te) (9.10.11) - Student
Conlre.. C.pt.in (10) - Vioe Pre.ident ( 11)
. Sp.ni.h N.tion.l Honor Society (9.10.11)
. Student Government A..ocl.tion (S.G.A.) (9.10.11) -
Fre.hm.n Cl... Pre.ident (9) - Second Vice Pre.ident
( 11 )
. Intern.tion.l B.oo.luer.te Cl... Repre.ent.tive (9)
Honor./Aw.rd.
. Be.t "'ell.l.tor Student Conlre.. (USNU> lnvitation.l
( 11 >
. B..t "'eli.l.tor Student Conlre.. (Bluekey)
Univer.ity at Florida (11)
. B..t "'eli.l.tor Student Conlre.. Cre.ti.n Cl..sic ( 11 )
. Be.t "'eli.l.tor St.udent Conlre.. (11)
. Be.t Pre.idinl Otticer (11)
. Certitio.te at Merit Century "'e.der. (11 )
. Certitic.te at Servioe (10.11)
. Be.t "'elisl.tor Student Conlre.. (10)
. Be.t Pre.idinl Otticer (10)
. Oelt. Silm. Thet. Soroity Aw.rd. Out.t.ndlnl Scienoe
Fall' Project (10)
. N.tion.l Honor Sooiety Induotee (10)
. Mo.t Out.ot.ndinl Sophomore (10)
. Soienoe .nd Enlineerinl Fair. 1.t place at Atl.notic
Hilh Sohoo I , 1.ot pl.ce .t Relionall County F.ir, 4th .t
Sot.te F.ir. Catelory. Behavori.1 Soienoe (10)
. Top 5" (9.10)
. Be.ot Sp..ker Student Conlre.. (9)
. N.otion.l C.tholio Foren.io. "'ealue N.tional Qu.litier
.
( "Student Congress" (9 )
* National Forensics League- Degree of Membership; Degree
of Distinction; Degree of Excellence; Degree of Hono r.
(9,10,11 )
Volunteer Work .
.
* American Red Cross (7,8,9,10,11 ) - (Approx. 600 hours
in the past three years)
* Migrant Association (9,10) - (Approx. 75 hours)
* Delray Beach Chamber of Commerce (10) - (Approx. 50-75
hours) (10)
* First Baptist Church of Delray Nursery (9,10,11 ) -
Approx. 50 hours
* Adopt-A-Family < 11) - Appox. 50 hours
References:
Available on Request.
)
.
, . AS
t ~AN 1 7 I~J~
,
City ofDelray Beach
Board Member Application
~: Ethan C. Hansen
Horne Address: 1221 Laing St, Delray Beach, 33483
Horne Phone: 276-4037
Board Applied For: Delray Beach Education Board
Educational Qualifications: In my third year of the International Baccalaureate program I
am maintaining close to a 3.4 Honors Point Average whilst attending five college level
comses. In addition I have been inducted into the French and National Honor societies
and have qualified for National Merit standing with a 1430 Preliminary SAT score. I feel
that I do amply fulfill the educational requirements.
Most Recent Employment: Though the constraints of the m program have kept me from
holding a part time job I did act as tutor and mentor for a younger child; In addition I am
currently volunteering in the Habitat for Humanity program.
QuaIifyin~ skills and experiences: In addition to serving as a full-time participant in our
county's educational system I have participated in the debate program for the past two
years, in doing so I attended the qualifying rounds for the National Forensic League's
Grand Nationals. I am also currently working to improve the educational atmosphere of
Atlantic Community High School through my nomination to the Eagles for Excellence
school improvement committee.
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my
part of any appointment I may receive,
~~ 1-/7"''1~
"
. ,/\,
{'-<U 1
DELRAY BEACH
F l 0 ~ I D ...
Delray Beach Police Department .......
AII.AmericaCity
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , lilt!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard M. Lincoln, Major (Z~
Field Operations Bureau (
THRU: Richard G. Overman, Chief of Police IJJP
DATE: January 20, 1995
SUBJECT: REQUEST FOR FUNDING
VOLUNTEERPA~NGENFORCEMENTPROGRAM
The Volunteer Parking Enforcement Program is now in its third month of full operation.
While it may be premature to term this undertaking an unqualified success, the direct and
indirect Program benefits have been very encouraging. The staffmg hours commitment
on the part of the volunteers has been significant, and as a result, noticeable improvement
has been seen in violations cited, while at the same time the high profile presence of the
volunteers has apparently caused a reduction in the number of auto burglaries in the areas
patrolled.
The problems that we encounter at this point are related to funding. We have already
outfitted our original volunteers, however, we are now conducting a second 40 hour class
that will certify another twenty volunteers. With this increase in staffmg, it will be
possible to expand our enforcement efforts into our shopping center locations throughout
the city to address frre lane and handicapped parking violations.
The basic uniform cost is $42.50 per volunteer (breakdown attached). In addition, Mr.
Sacharow has proposed that we present a windbreaker as our incentive/award to any
volunteer who contributes 30 hours of documented service to the Program, at a cost of
$19.00 per jacket.
~ L/-o
9.;J.
, . .
SUBJECT: VOLUNTEER PARKING ENFORCEMENT PROGRAM
January 20, 1995
Page 2
Finally, in order to focus enforcement efforts to our shopping centers, I would request
that one of the vehicles identified for replacement be held, This vehicle would be used
for two (2) purposes:
. Volunteer parking enforcement during the day, and
. C.O.P. selective patrols throughout the city during the evening.
I would request your consideration in approving a mid-year budget line to cover these expenses
that have been identified in order to further the Volunteer Parking Enforcement Program.
RML/ppt
. .
VOLUNTEER PARKING ENFORCEMENT PROGRAM
VOLUNTEER UNIFORM VEHICLE
Shirt $24.00 Annual Maintenance $800,00
Patches $10.00 Decal and Striping $285.00
Cap $2.50
Sewing $6.00 $1,085.00
Windbreaker $19.00 x 30 = $570.00
(already have 10 windbreakers in use)
x 20 volunteers
$850.00
TOTAL: $2,505.00
Volunteer Parking Enforcement Program
The vehicle proposed for the Volunteer Parking Enforcement Program is a 1991
Crown Victoria, previously used by the Patrol division, The estimated annual costs
of this vehicle includes the following plus Decal and Striping of approximately $285,00.
Maintenance $1,600
Gas $1,040
Vehicle Rental $1,910
'1-
,It'
~ (,rl..--- "~go' ;:Z'{, co I !~L-= 'J~r~~'
I ., .).:' ',-
,j ,
. " City of Delray Beach
Budget Transfer Form
(1) Deparlmental Line Transfer (2) Date __?lrzL?~_ ______________
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: J~_ayid._lI"!!:..(l~.I!LG.i1:Y _l'1an?K~!::__________________________________._____
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
001-6111-519.99-03 Contingency 5,070
001-2117-521.44-45 Vehicle Rental 955
001-2117-521.46-30 Vehicle Maintenance 1,085
001-2117-521.52-10 Fuel-Vehicles 520
001-2117-521.52-22 Uniforms & Linens 2,510
(10) TOTAL 5,070 5,070
JUSTIFICATION: To fund uniform and vehicle costs for the Volunteer Parking Enforcement
Program requested by the Police Department.
Department Head ______.__._.._______._______ Asst City Manager ______,___.__.____ nn____
Finance Director .---- ...-. . _ ____n ,._ -. City Manager _ ______________ _ __.. . --
(11) Budget Revision Date ___~___.______ (12) Control Number _________
(13) Period ____,________________.___ (14) Count ______,__,____._____
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.. '.. 1.J f\.
. eM
[IT' DF DELRAY BEA[H
CITY AnORNEY'S OFFICE 200 NW Isl AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278-4755 Writer'. Direct Line: (407) 243-7091
DELRA Y BEACH
f l 0 I I D "
......
A1~America City MEMORANDUM
'~III! DATE January 27. 1995
1993 TO: David T. Harden, Ci~ Manager
R-:>.. ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Fines for Parking Violations
Attached is a draft of a proposed ordinance increasing the City's parking fines to be
consistent with the amounts dis~us~ed,. by ~he City Commission on the November 8th
worksession. I have also made other changes to the ordinance. For example the proposed
ordinance modifies section 71.058 by eliminating reference to the parking lot east of the
Andrews A venue Fire Station, which is no longer in existence, and by including reference to
the Holiday Inn North parking lot which previously had not been listed.
The ordinance further amends the following sections:
(I) Section 71.999(B) sets the fines for violating the City's parking ordinances at $20.
(2) Section 71.999(C) has been added to reflect the increased fine of $30 for parking to
close to an intersection or fire hydrant/lane.
(3) Sections 71.999(0) and (E)(4) have been amended to provide for a fine of $200 for
parking in a handicap designated parking space.
(4) Section 71.999(E)(2) has been amended to provide for a fine of $20 for parking
permit violations.
(5) Section 71.999(E)(3) has been amended to provide that the fine for violating
Sections 71.061(0) and (E) concerning the breaking or destroying of parking meters will be
governed by the Florida Criminal Mischief Statute.
(6) Section 71.999(E)(5) has been deleted since it is covered in Section 71.999(E)(2).
If this ordinance meets with your approval please put it on the City Commission agenda for
their consideration.
Please do not hesitate to call if you have any questions.
cc: Susan A. Ruby, City Attorney
Major Lincoln, Police Department
PA.sSE-D /51 'READ inJ on ~ J 7/95' - 6/0
p~ dOo I~~ an .;J../~llqS- - J-f/O
@ Printed on Recycled Paper 10.1t-
. .
-
-
ORDINANCE NO. 13-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING CHAPTER 71, "PARKING
REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, SECTION 71.058, "COST OF PARKING OR
STANDING VEmCLE IN CERTAIN METERED SPACES", TO COME
INTO CONFORMITY WITH OTHER CODE SECTIONS; AND BY
AMENDING SECTION 71.999, "PENALTY", TO PROVIDE FOR A
CHANGE IN PARKING FINES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to
amend its parking regulations to conform to other code sections; and
WHEREAS, the City Cpt:nrnission of the City of Delray Beach, desires to
change the amount it currently charges for parking fines.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, "Parking Regulations", Section 71.058,
"Cost of Parking or Standing Vehicle in Certain Metered Spaces", of the Code of
Ordinances of the City of Delray Beach, is hereby amended, by amending Section
71.058(A), to read as follows:
Section 71.058 COST OF PARKING OR STANDING VEmCLE IN CERTAIN
METERED SPACES.
(A) The cost of parking or standing a vehicle in a parking meter space located
in the Holiday Inn North parking lot, east of the .A.:Rdrews .A&yeBUe Fire Station, and in the
parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park shall be $.75 per
hour. The cost of parking or standing a vehicle in a parking meter space located along
State Road A-I-A shall be $.75 per hour.
(B) The only coins which the meters accept are United States quarters.
('80 Code, Sec. 26-67(a), (b)) (Ord. No. 21-81, passed 4/21/81; Am. Ord. No. 46-81,
passed 6/23/81; Am. Ord. No. 93-87, passed 11/10/87; Am. Ord. No. 14-90, passed
4/24/90)
Penalty, see Sec. 71.999
Cross-reference:
Parking on A-I-A, see Sections 71.040 through 71.042
, . .
~
Section 2. That Chapter 71, "Parking Regulations", Section 71.999,
"Penalty", of the Code of Ordinances of the City of Delray Beach, is hereby amended to
read as follows:
Section 71.999 PENALTY.
(A) Whoever violates any provision of this chapter for which another penalty is
not already otherwise provided shall be subject to the penalty provisions set forth in Sec.
70.99.
(B) The civil penalties shall be set out in the complaint and parking ticket and
shall be in the amount of $-I-G $20 for each violation of this chapter. except as otherwise
set forth in this section.; hO'.\'e'l-er, &An additional $10 civil penalty shall be imposed unless
the amount designated on the complaint and parking ticket is paid within five (5) calendar
days from the date the complaint and parking ticket was affixed to that motor vehicle.
('80 Code, Sec. 26-78) (Ord. No. 80-80, passed 12/16/80; Am. Ord. No. 101-87, passed
12/22/87)
(Q The fine for the traffic violations of parking too close to an intersection and
parking too close to a fire hydrant or in a fire lane shall be in the amount of $30 for each
violation.
(ill ~ Any person violating the provisions of Sec. 71.028 shall be subject
to a fine of not less thEm $100 BOf more t-him $250, $200 as permitted under F.S. Section
316.008(4) and 318.18(7).
(D) Any person violatiag the pm'.isions of Seetions 71.040 thrOligh 71.012
shell be subject to Ii fine in an amount not less than $15 for eaeh. '/iolation.
('80 Code, Sec. 26 (2) (Or-d. No. 80 80, passed 12/16,'80)
(E) Parking Meters.
(1) The violation of any provision contained in Sections 71.055
through 71.060 and Sec. 71.062 shall result in the penalties set forth in division (A) above.
('80 Code, Sec. 26-71(d))
(2) Any person violating the provisions of Sec. 71.061(A)~ an.. ef (C)~
(Q1 or an shall be subject to a fine under the tenns and conditions as set forth in Seetions
71.095 through 71.102 and Sec. 71.999(B) of this chapter~ ; &flY person in violation of
See. 71.0Gl(B) shalll>e Sl:Ibjeet to a fine in the amoWlt of$10.
('80 Code. Sec. 26-71(a))
(3) Any person violating the provisions of Sec. 71.061(ill and @ shall
be subject to in an a tine amotlftt net less than $200 B:R6 not more th8ft $1,000. the
provisions of the Florida Criminal mischief Statute ~806.13.
- 2 - ORD. NO. 13-95
..
,
('80 Code, Sec. 26-71(b))
(4) Any person violating the provisions of Sec. 71.061(F) shall be
subject to a fine in the 8ft amount of $200 for each violati'on. Rot less than. $50 for the first
-lielation~a fine iR the amount of Rot less than. $75 for the seoond violatioR~ &:Ad a fine ifl
the &:moum ef Rot less than $100 or the IR&XiRHiIB peAelty permitted by law fer the third or
more -;iolatioR.
fSj }..By per30R vielatiRg the provisioRs of See. 71.061(G) or (H) shall
be subjeet to a fiRe in an &:moum Ret eKoeeaiag $50, Ror less tkaB $20.
('80 Coae, Seo. 26 71(0)) (Ord. Ne. 21 81, passed 1.'21181~ ,AJA. Ora. No. 62 85, passed
6125/85~ Am. Ord. No. 31 87, passed 1/11.'87)
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 to be declared invalid.
Section 4. That all ordinances or parts of ordinances which conflict
herewith be and the same is hereby repealed.
Section 5. That this ordinance shall become effective ten (10) days
after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 21 siday of Februarv . 1995.
~~
ATTEST:
Ofl~'I!JU:!{)Nf IIrdr
City Clerk
First Reading February 7, 1995
Second Reading February 21, 1995
prkfm.ord
- 3 - ORD. NO. 13-95
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM * 10.B. - MEETING OF FEBRUARY 21. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 10-95
DATE: FEBRUARY 17, 1995
This is second reading and public hearing for Ordinance No. 10-95
which changes the Future Land Use Map designation from General
Commercial to Medium Density Residential for a two acre component
of an overall 11.11 acre site. The subject property is located on
the east side of North Federal Highway, immediately south of the
Delray Swap Shop, and was formerly known as Marina Cay.
When the Marina Cay SAD was established, a two acre "floating"
tract for commercial development was included. A commercial land
use designation was applied in order to accommodate this aspect of
the proposed mixed use development. A multi-family development
proposal is now anticipated for this property. Hence, the Future
Land Use Map needs to be amended.
The Planning and Zoning Board reviewed this item at public hearing
on November 21, 1994, and voted 6 to 0 to recommend that the FLUM
amendment be approved. At first reading on February 7, 1995, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 10-95 on second and final
reading.
p~ l-f-c
ref:agmem021
, I
~. - )
ORDINANCE NO. 10-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PARCEL OF LAND, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM GENERAL COMMERCIAL TO MEDIUM DENSITY
RESIDENTIAL; SAID LAND BEING LOCATED ON THE EAST SIDE
OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 2,900 FEET
SOUTH OF GULFSTREAM BOULEVARD; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is designated on
the Future Land Use Map in the Comprehensive Plan for the City of
Delray Beach, Florida, as General Commercial; and
WHEREAS, at its meeting of November 21, 1994, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted 6 to 0 to recommend that the
Future Land Use Map designation be changed from General Commercial to
Medium Density Residential (5-12 du/ac); and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the FLUM designation of
Medium Density Residential (5-12 du/ac).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
The General Commercial land use plan designation
(comprising two acres) was placed on the 11. 11 acre
site as a floating designation having no fixed land
location.
The property description of the overall 11. 11 acre
site is as follows:
All of the North 324.04 feet of Lot 38, Section 9,
Township 46 South, Range 43 East, lying East of the
East right-of-way line of the Federal Highway, being
State Road No.5, and extending to the Intracoastal
Waterway, lying and being in Palm Beach County,
Florida, as per Plat recorded in Plat Book 8, at Page
40, of the Public Records of Palm Beach County,
Florida.
, f
I )
t
"-
Together With: Tract HAil, Snow Hill, according to
the Plat thereof recorded in Plat Book 21, Page 83,
of the Public Records of Palm Beach County, Florida.
Section 2. That the Future Land Use Map designation of the
subject property in the Comprehensive Plan is hereby changed from
General Commercial to Medium Density Residential.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
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 as of
the date a final order is issued by the Department of Community
Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes,
whichever occurs earlier. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming
its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of Feb~ . 1995.
A~ ~ 1Io~ . MA~
~tY~k
First Reading February 7, 1995
Second Reading February 21, 1995
- 2 - Ord. No. 10-95
)
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~.- MARINA CAY
a~-=:=... F.L.U.M. AMENDMENT
- lJ1fJI1AL .. MAl' mmI -
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARD N, CITY MANAGER
~
THRU: DI. ~G
DEPARTMENT ZONING
FROM:
SUBJECT: MEETING OF FEBRUARY 7, 1995
FIRST READING OF ORDINANCE NO. -95 - SMALL SCALE
LAND USE MAP AMENDMENT FROM GENERAL COMMERCIAL TO
MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC FOR 2 ACRES OF
AN 11.11 ACRE SITE (FORMERLY KNOWN AS MARINA CAY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance changing the
Future Land Use Map designation from General Commercial to
Medium Density Residential (5-12 du/ac).
The proposed amendment comprises 2 acres of an overall
11.11 acre mixed use development known as Marina Cay. The
subject property is located on the east side of North
Federal Highway, approximately 2,900 feet south of
Gulfstream Boulevard, immediately south of the Delray Swap
Shop.
BACKGROUND:
The proposal is to change the land use designation of the 2 acre
General Commercial component of the overall 11.11 acre parcel to
Medium Density Residential. The balance of the property has a
Medium Density Residential land use designation. The 2 acre
General Commercial designation is a "floating" designation with
no specific legal description. The designation was applied in
order to accommodate the commercial component of the Marina Cay
mixed use development.
A request to rezone the overall 11.11 acre parcel from SAD
(Special Activities District) to RM (Medium Density Residential)
is being processed concurrently with the FLUM Amendment and is
discussed in a separate Staff Report. If the FLUM amendment and
Rezoning are' approved, a site and development plan submittal to
construct a multiple family development is anticipated. A
complete analysis of the FLUM Amendment is found in the attached
Planning and Zoning Board Staff Report.
City Commission Documentation
Meeting of February 7, 1995
First Reading of Ordinance No. -95 - Small Scale Land Use Map
Amendment for the Marina Cay Site
Page 2
This item was originally scheduled for first reading at the
Commission's December 6th meeting, however, the applicant
requested postponement in order to re-evaluate the market study
for the proposal. On January 25, 1995, the applicant requested
that the item be scheduled for first reading at the Commission's
February 7th meeting.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 21, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
requests. There was no public testimony in opposition to the
land use map amendment or rezoning to RM. The Board voted 6-0
(MS. Young absent) to recommend that the request be approved.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. -95 on First Reading,
setting a public hearing date of February 21, 1995.
Attachment:
* P & Z Staff Report and Documentation of November 21, 1994
* Copy of Ordinance No. -95
Y ,CCFLUCAY. DOC
.,'PL.ANNING & Z')NING BOARD )
.
C~TY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: November 21, 1994
AGENDA ITEM: V.D. __u
ITEM: Future Land Use Map Amendment (Small Scale) from
General Commercial to Medium Density Residential
(Former ~~rina Cay Site).
Q
.
GENERAL DATA:
Owners,.......................E8JH Corporation
Applicant.....................Jim Spooner
Sie~er.s Group Realty Corporation
Location......................On t~e east side of North Federal Highway,
approximately 2,900 feet south of Gulfstream
Boulevard, immediately south of the Delray
- Swap Shop.
Property Size.................2.0 Acres
Current City Land Use Plan....General Commercial with Large Scale Mixed
Use Overlay.
- Proposed City Land Use Plan...Mediu= Density Residential 5-12 du/ac with
Large Scale Mixed Use Overlay. Overlay will
be re:oved with CPA 95-1.
Current City Zoning...........SAD (Special Activities District)
Proposed City Zoning..........RM (~ediu. Density Residential)
~'
Adjacent Zoning........North: GC (General Commercial) and RS (Single
Family Residential - Town of Gulfstream)
_. : South: GC, ~~ (Medium censity Residential)
. and R-I-A (Single Family Residential) - -
East: OR (~~tdoor Recreation - Town of
, Gulfs~realll)
." " West: AC (A~tomotive Commercial)
.,
Existing La~d Use.............Vacant property with 3 vacant single family
structures (formerly a mobile home/trailer
park I .
Proposed Land U8e.............Poten~ially a 133-unit multiple family
develcplI:ent.
Water Service.................Available via main extensions from an
existing 12" water main along Federal
High"'ay.
Sewer Service.................Available via main extensions and V.D.
. . conne:tion to existing lift station at
the s=~theast corner of the
, pro~:=ty.
)
.
.
I T E M BEFORE THE BOA R D:
The item before the Board is that of making a recommendation on
a Small Scale Future Land Use Map Amendment from General
Commercial to Medium Density Residential 5-12 du/ac.
The proposed amendment comprises 2 acres of an overall 11.11
acre mixed use development known as Marina Cay. The subject
property is located on the east side of North Federal Highway,
approximately 2,900 feet south of Gulfstream Boulevard,
immediately south of the Delray Swap Shop.
PROJECT DES C RIP T ION:
The proposal is to change the land use designation of the 2 acre
General Commercial component of the overall 11.11 acre parcel to
Medium Density Residential 5-12 du/ac. The balance of the
property has a Medium Density Residential 5-12 du/ac land use
designation. The 2 acre General Commercial designation is a
"floating" designation with no specific legal description. The
designation was applied in order to accommodate the commercial
component of a mixed use development known as Marina Cay.
A request' to rezone the overall 11.11 acre parcel from SAD
(special Activities District) to RM (Medium Density Residential)
is being processed concur~ently with the FLUM Amendment and is
discussed in a separate Staff Report. If the Future Land Use
Map Amendment and Rezoning are approved, a site and development
plan submittal to construct a multiple-family development is
anticipated.
B A C K G R 0 U N D:
Prior to 1988, the subject property was in unincorporated Palm
- Beach County. The property was the former location of a
trailer/mobile home park. Water service was provided via a well
system and sewage was accommodated via an on-site sewage
treatment plant. The site is primarily vacant with three vacant
single family structures located on the east side of the
property adjacent to the Intracoastal Waterway.
In June 1987, a development proposal was submitted for a large
scale mixed use project which, in addition to the property in
question, was comprised of the FIND (Florida Inland Navigational
District) and Delray Drive-In properties, immediately north of
and adjacent to the property. The southerly 11 acres (subject
property) had a C (Commercial) land use designation along
Fed~ral Highway with the balance designated as MF-10 (Multiple
- Family - 10 du/ac) anq SF (Single Family). At that time, a Land
Use Map Amendment request was processed to change the
residential designations to commercial. During processing of
the application, the project was scaled back to include only the
subject property (south 11.11 acres). Concurrent with
processing of the land use map amendment, the Large Scale Mixed
Use overlay land use designation was created. The new overlay
designation, which had an underlying land use designations of
Commercial, Multi-Family and Single Family, was applied to the
property in December 1988.
'. . P & Z Board Stat ~eport )
. FLUM Amendment from General Comercial to Medium Density,
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 2
On December 13, 1988, the subject property was annexed into the
City with the GC (General Commercial), RM-10 (Multiple-Family
Dwelling District) and R-1-A (Single-Family Dwelling District)
zoning designations, pursuant to the City of Delray Beach
Enclave Act (Enclave 24) via Ordinance No. 145-88.
With the adoption of the City's Comprehensive Plan and Future
Land Use Map in 1989, the property was designated as Medium
Density Residential 5-12 du/ac with a Large Scale Mixed Use
overlay designation. The 2 acre General Commercial component
was not applied to the Future Land Use Map. On October 8, 1991,
the City Commission approved a corrective land use map amendment
to apply the 2 acre commercial component on the property. The 2
acre commercial component was applied as a "floating"
designation which had no specific location.
On August 27, 1989, the City Commission approved a rezoning
request to SAD (Special Activities District) together with a
conditional use and site plan to accommodate a large scale mixed
use development known as Marina Cay. The development proposal
consisted of 102 multiple family units, a 62 slip marina, 65,500
sq. ft. of retail/office/restaurant use, and private recreation
facilities including a hea~~h club.
On March 26, 1991, the City Commission approved an extension to
the Marina Cay SAD approval to August 22, 1992. A similar
request was approved by the City Commission on October 13, 1992
which extended the SAD approval to August 22, 1995.
On October 7, 1994, a request for a future land use map
amendment to change the 2 acre General Commercial component of
the property to Medium Density Residential 5-12 du/ac was
submitted and is now before the Board for action. A request to
. rezone the overall 1l.11 acre parcel from SAD (Special
Activities District) to RM (Medium Density Residential) is being
processed concurrently with the FLUM Amendment and is discussed
in a separate Staff Report.
LA~D USE MAP AMENDMENT ANALYSIS:
This Future Land Use Map Amendment is being processed as a Small
Scale Development pursuant to Florida Statues 163. 3187. This
statute allows any local government comprehensive land use
amendments directly related to proposed small scale development
activities may be approved without regard to statutory limits on
the frequency of consideration of amendment (twice..a year),
subject to the following conditions:
* The amendment does not exceed either 10 acres of
nonresidential land or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually; and,
"
. P & Z Board Staf keport .1
FLUM Amendment from General Comercial to Medium Density
. Residential 5-12 du/ac for a Portion of Marina Cay' Property
Page 3
* The proposed amendment does not involve the same property
owner's property within a 200 feet of property granted a
change within a period of 12 months.
The land use map amendment involves a 2 acre area, thus the
total area is less than the 10 acre maximum. The maximum
density allowed under the existing General Commercial
designation and proposed Medium Density Residential 5-12 du/ac
is 12 units per acres. Thus, there will be no change with
respect to the density allowed, however a reduction of intensity
will result by the elimination of the commercial component. The
amendment to Medium Density Residential 5-12 du/ac is being
processed concurrently with a rezoning request to RM (Medium
Density Residential) to accommodate a multiple-family
development.
This amendment along with other small scale amendments processed
this year will not exceed 60 acres. This property has not
previously been considered for a land use amendment nor have any
of the same property owner's properties been granted a land use
change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:'-
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land Use Element Objective A-I - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other. applicable physical considerations, is complimentary to
_ adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - The property has previously
been disturbed for the development of a mobile home
park There are no special physical or environmental
characteristics of the land that would be negatively
- impacted by the proposed residences.
B. Complimentary with Ad1acent Land Uses - The proposal
will be complimentary with the adjacent residential
uses to the south.
C. Fulfills Remaininq Land Use Needs - The proposed
deve,lopment will help fulfill remaining land use needs
by providing a medium density residential development
in a redevelopment area, such as North Federal
Highway.
Conservation Policy B-2.5 - Whenever new development or
redevelopment i8 proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via Policy
B-2.1, an area equivalent to at least 10' of the total area of
the development shall be set aside in an undisturbed state or 25'
of native communi ties shall be retained pursuant to Treasure
Coast Regional Planning Commission Policy 10.2.2.2.
. P & Z Board Staf keport )
. FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 4
This policy is applicable as the property abuts the
Intracoastal Waterway. Although the entire site is in a
disturbed state, there are scattered Mangrove trees
within a drainage ditch along the north side of the
property. This policy will be further addressed with
review of a site and development plan proposal. As
previously stated, a rezoning of the property (entire 11.11
acre parcel) to RM is being processed concurrently. The RM
regulations require this development to provide a minimum
25% open space.
Community Redevelopment Aoency's Redevelopment Plan
The proposed land use map amendment incorporates a portion of
the . Community Redevelopment Agency's (CRA) sub-area IS,
identified in the CRA Plan. The North Federal Highway
Improvement Program calls for the following: improve the
appearance of the corridor; reduce and eliminate ,marginal
inappropriate land uses; direct smaller business operations to
more concentrated areas; provide economic stimulation and
investment in the area; creation of jobs; and the stabilization
and preservation of the residential. neighborhoods through new
development, redevelopment Snd the elimination of blight.
The land use plan amen~ent and concurrent rezoning should
result in the development of property which has remained vacant
and not well maintained for many years. Development of the
property as residential should provide further stabilization of
the existing neighborhood and should be a positive inducement to
the Federal Highway Corridor.
Land Use Analysis:
- Pursuant to Land ,Development Regulations Section 3.1.1(A)
(Future Land Use Map), all land uses and resulting structures
must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use
designation as shown on the Future Land Use Map.
.
In conjunction with the Future Land Use Map Amendment, a
rezoning from SAD (Special Activities District) to RM (Medium
Density Residential) is being processed in anticipation of a
development proposal to construct a multiple-family complex.
The proposed Medium Density Residential 5-12 du/ac land use
designation, which is consistent with the balance of the
property, will allow the following zoning classifications: RM
(Medium Density Residential), RL (Low Density Residential), PRO
(Planned Residential District), and R-1 (Single Family
Residential) . If the land use map amendment and rezoning are
approved, the current SAD ordinance for Marina Cay will be
repealed, thus the SAD will become void. In order to
re-establish a similar mixed use development, a land use map
amendment to accommodate the commercial component and rezoning
to SAD would be necessary.
-
. P & Z Board Stat Report
. FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 7
Community Redevelopment Aqency
At its meeting of October 14, 1994, the Community Redevelopment
Agency reviewed and recommended approval of the land use plan
amendment.
Special Courtesy Notice:
Special notice was provided to Scott Harrington, Town Manager,
Town of Gu1fstream.
Courtesy notices were provided to the following homeowner's and
neighborhood associations:
* North Federal Highway Task Team
* Beach Property Owner's Association
* Northeast Neighborhood
* Progressive Residents of Delray (PROD)
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.
ASSESSMENT AND CONCLUSION:
The Future Land Use Map Amendment from General Commercial to
Medium Density Residential 5-12 du/ac is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. The adjacent residences are
predominantly mul tiple family in nature (i. e. duplexes,
multiple-family structure) . The proposed land use plan
- amendment is consistent with the underlying land use designation
of the adjacent residences and will be developed at a similar
intensity. Development of the property as medium density
residential should be a positive inaucement to the Federal
Highway Corridor and provide for stabilization of the existing
neig~borhood to the south.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment
from General Commercial to Medium Density Residential 5-12
du/ac based upon positive findings with respect to Chapter
3 (Performance Standards) of the Land Development
.0 Regulations and policies of the Comprehensive Plan.
C. Recommend denial of the Future Land Use Map Amendment
from General Commercial to Medium Density Residential 5-12
du/ac with the basis stated.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'!t1
SUBJECT: AGENDA ITEM # 10. c.. - MEETING OF FEBRUARY 21. 1995
:SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 11-95
DATE: FEBRUARY 17, 1995
This is second reading and public hearing for Ordinance No. 11-95
which rezones an 11.11 acre parcel of land from SAD (Special
Activities District) to RM (Medium Density Residential) District.
The subject property is located on the east side of North Federal
Highway, immediately south of the Delray Swap Shop, and was
formerly known as Marina Cay.
The purpose of the rezoning is to apply the appropriate zoning
category for a potential multiple family development. Please refer
to the staff documentation for analysis.
The Planning and Zoning. Board formally reviewed this item on
November 2 1 , 1994, and voted 6 to 0 to recommend that the rezoning
be approved. At first reading on February 7, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 11-95 on second and final
reading.
p~ 4-0
ref:agmem020
, ,
( , )
'-,
ORDINANCE NO. 11-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN
THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID
LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL
HIGHWAY, APPROXIMATELY 2,900 FEET SOUTH OF GULFSTREAM
BOULEVARD; AND AMENDING II ZONING MAP OF DELRAY BEACH,
FLORIDA, 199411 ; 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 SAD (Special Activities District); and
WHEREAS, at its meeting of November 21, 1994, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted 6 to 0 to recommend approval of
the rezoning, 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 RM (Medium Density
Residential) District for the following described property:
All of the North 324.04 feet of Lot 38, Section 9,
Township 46 South, Range 43 East, lying East of the
East right-of-way line of the Federal Highway, being
State Road No. 5, and extending to the Intracoastal
Waterway, lying and being in Palm Beach County,
Florida, as per Plat recorded in Plat Book 8 at Page
40 of the Public Records of Palm Beach County,
Florida. I
Together With
Tract IIAII, Snow Hill, according to the Plat thereof
recorded in Plat Book 21, Page 83, of the Public
Records of Palm Beach County, Florida.
, ,
( )
The subject property is located on the east side of
North Federal Highway, approximately 2,900 feet south
of Gulfstream Boulevard; containing 11.11 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 21st day of Februarv , 1995.
ATTEST: ~~~
o I/MdllJJ!_IIJi ;;l/h.JIEr
City C erk
First Reading February 7, 1995
Second Reading February 21, 1995
- 2 - Ord. No. 11-95
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::-__~... MARINA CAY - REZONING
- IMIII"AL ..."". S\'S7Bt -
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
ZONING
I:)
FROM: Y A. COSTELLO
PLANNER
SUBJECT: MEETING OF FEBRUARY 7, 1995
FIRST READING OF ORDINANCE NO. II -95 - REZONING FROM
SAD (SPECIAL ACTIVITIES DISTRICT) TO RM (MEDIUM
DENSITY RESIDENTIAL) FOR AN 11.11 ACRE SITE (FORMERLY
KNOWN AS MARINA CAY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning 11.11
acres of land from SAD (Special Activities District) to RM
(Medium Density Residential). The purpose of this rezoning
is to apply the appropriate zoning classification for a
potential multiple family development.
The subject property is located on the east side of
North Federal Highway, approximately 2,900 feet south of
Gulfstream Boulevard, immediately south of the Delray Swap
Shop.
BACKGROUND:
The proposal is to rezone the 11.11 acre parcel from SAD
(Special Activities District) to RM (Medium Density
Residential, 6-12 du/ac). With the rezoning request, a Future
Land Use Map Amendment is being processed to change the 2 acre
commercial component on the property from General Commercial to
Medium Density Residential (5-12 du/ac). If the Future Land Use
Map Amendment and Rezoning are approved, a site and development
plan submittal to construct a multiple family development is
anticipated.
The property is currently zoned SAD which is governed by an
enacting ordinance and specific site plan. The approval is for
a large mixed use development consisting of the following: 102
multiple family units, a 62 slip marina, 65,500 sq. ft. of
retail/office/restaurant use, and private recreation facilities
including a health club. If the rezoning is approved, the
current SAD ordinance for Marina Cay will be repealed, thus the
.'
City Commission Documentation
Meeting of February 7, 1995
First Reading of Ordinance No. -95 - Rezoning from SAD to RM
for the Marina Cay Site
Page 2
SAD will become void. In order to re-establish a similar mixed
use development, a land use amendment to accommodate the
commercial component and rezoning to SAD would be necessary. A
complete analysis of the Rezoning is found in the attached
Planning and Zoning Board Staff Report.
This item was originally scheduled for first reading at the
Commission's December 6th meeting, however, the applicant
requested postponement in order to re-evaluate the market study
for the proposal. On January 25, 1995, the applicant requested
that the item be scheduled for first reading at the Commission's
February 7th meeting.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 21, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
requests. There was no public testimony in opposition to the
land use map amendment or rezoning to RM. The Board voted 6-0
(Ms. Young absent) to recommend that the rezoning be approved.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. II -95 on First Reading,
setting a public hearing date of February 21, 1995.
Attachment:
* Location/Zoning Map
* p & Z Staff Report and Documentation of November 21, 1994
* Copy of Ordinance No. 11-95
YICCMARJ:NA.DOC
,PLANNING & ZrNING BOARD )
''---..- ~
CITY OF DELRAY BEACH --- STAFF REPORT ---
~
MEETING DATE: November 21, 1994
AGENDA ITEM: V.E.
ITEM: Rezoning from SAD (Special Activities District) to
RM (Medium Density Residential) (Former Marina Cay Site).
Q
GENERAL DATA: )
Owners. . . . . . . . . . . . . . . . . . . . . . . . EBJH Corporation
Applicant.....................Jim Spooner
Siemens Group Realty Corporation
Location....................,.On the east side of North Federal Highway,
approximately 2,900 feet south of Gulfstream
Boulevard, immediately south of the Delray
Swap Shop.
-
Property Size.................11.11 Acres
Current City Land Use Plan....Medium Density Residential 5-12 dulac (9.11
acres) and General Commercial (2 acres) with
Large Scale Mixed Use Overlay (11.11 acres).
.. Proposed City Land Use Plan...Medium Density Residential 5-12 du/ac with
Large Scale Mixed Use Overlay. Overlay will
be removed with Comprehenshive Plan Amendment
95-1.
Current City Zoning...........SAD (Special Activities District)
Proposed City Zoning...~.....RM (Medium Density Residential)
Adjacent Zoning........North: GC (General CommerCial) and RS (Single
Family Residential - Town of Gu1fstream)
South: GC, RM (Medium Density Residential)
and R-l-A (Single Family Residential) - -
: East: OR (Outdoor Recreation - Town of
GuHstream)
West: AC (Automotive Commercial)
..
Existing.'t.and Use.............Vacant property with 3 vacant single family
structures (formerly a mobile homeltrai1er
park) .
Proposed L4nd Use.............Potentially a 133-unit multiple family 1
development.
Water Service.................Availab1e via main extensions from an
existing 12" water main along Federal
Highway.
Sewer Service.................Avai1ab1e via main extensions and connection
to existing lift station at the southeast V.E.
corner of the property.
.
1 )
ITEM BEFORE THE BOARD:
The item before the Board is that of making a ).,
recommendation to the City Commission on a Rezoning
request from SAD (Special Activities District) to RM
(Medium Density Residential), pursuant to Section
2.4.5(E).
The subject property is located on the east side of
North Federal Highway, approximately 2,900 feet south
of Gulfstream Boulevard, immediately south of the
Delray Swap Shop (Marina Cay property).
Pursuant to Section 2.2.2(E), the Local Planning
Agency (P & Z Board) shall review and make a
recommendation to ~the City Commission with respect to
,rezoning of any property within the City.
PRO J E C T DES C RIP T ION:
The proposal is to rezone the 11.11 acre parcel from SAD
(Special Activities District) to RM (Medium Density
Residential). With the rezoning request, a Future Land Use Map
Amendment is being processed. to change the 2 acre commercial
component on the property from General Commercial to Medium
Density Residential 5-12 ,du/ac. If the Future Land Use Map
Amendment and Rezoning are approved, a site and development plan )
submittal to construct a mUltiple-family development is
anticipated.
The property is currently zoned SAD which is governed by an
enacting ordinance and specific site plan. The approval is for
a large mixed use development consisting of the following: 102
multiple family units, a 62 slip marina, 65,500 sq. ft. of
. retail/office/restaurant use, and private recreation facilities
including a health club. If the rezoning is approved, the
current SAD ordinance for Marina Cay will be repealed, thus the
SAD will become void. In order to re-establish a similar mixed
use development, a land use amendment to accommodate the
conurrercial component and rezoning to SAD would be necessary.
B A C K G R 0 U N D:
(For a complete history, please refer to the Future Land Use Map
Amendment Staff Report)
Z 0 N I N G A N A L Y S IS:
Pursuant to Section 3. 1. 1 (Required Findings), pr ior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report, or Minutes. Findings ahall be made by the body which
has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Compatibility, Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations (LORs).
P & Z Board Staff bport )
Rezoning from SAD ~o RM for the Marina Cay Property
Page 2
With the action on the land use map amendment, positive findings
were made with respect to Concurrency and Comprehensive Plan
Consistency. Concurrency as it relates to the zoning change
form SAD to RM as well as compliance with respect to the Future
Land Use Map, and Compliance with Land Development Regulations
(Standards for Rezoning Actions, Rezoning Findings) are
discussed below.
Future Land Use Map: Pursuant to Land Development Regulations
Section 3.l.l(A) (Future Land Use Map), all land uses and
resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future
Land Use Map.
The subject property has a Land Use Map designation of Medium
Density Residential 5-12 du/ac (9.11 acres) and General
Commercial (2 acres), with a zoning designation of SAD.(Special
Activities District). The rezoning from SAD to RM (Medium
Density Residential) is being processed in conjunction with a
future land use map amendment from General Commercial to Medium
Density Residential 5-12 du/ac in order to create consistency
between the land use and ~oning designations as well as the
proposed use of the property as a mUltiple-family development.
Based upon the above positive findings with respect to
Consistency with the Future Land Use Map can be made. )
Concurrency:
Pursuant to Section 3.1.1(B), Concurrency as defined pursuant to
Objective B-2 of the Land use Element of the Comprehensive Plan
must be met and a determination made that the public facility
. needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or
to require the provision of, needed capital improvements for the
following areas:
Water & Sewer:
-
The rezoning from mixed use to residential will result in a
'minor decrease in water and sewage flows. The projected water
and sewer flows under the current SAD development scenario are
32,300 gallons per day~whereas the flows for a maximum potential
133-unit mUlti-family development would be 29,100 gallons per
day. Development of these properties under either scenario will
not cause an adverse impact on water and sewer level of service
standards.
Water and sewer service is available adjacent to the property.
With future development any main extensions and/or upgrades will
be the responsibility of the developer.
)
,
P & Z Board Staff ~eport
Rezoning from SAD l RM for the Marina Cay pz 1rty
Page 5
The RM designation for the whole property is more
appropriate than having commercial on the property due to ).'
its location on the Intracoastal Waterway. It would be
more appropriate to have residential on the property
overlooking the Intracoastal Waterway, the Gulfstream Golf
Co~rse and the wooded FIND site. It would also be more
appropriate to have multi-family residential next to the
property's neighbors of single family homes than
commercial.
Multi-family residential would act as a buffer between the
single family residential to the south and the commercial
property (Drive-In Swap Shop) to the north. RM would prove
to be much more compatible with the surrounding properties
than the 65,500 sq. ft. of commercial and would be less
intense as far as the neighborhood impact is concerned.
Additionally, there is an overabundance of vacant or unused
commercial property in the area. Allowing for all RM
designation and getting new residential development could
help spur the redevelopment of the area.
Under, the RM district there could be 12 units per acre.
The property l1as approximately 11.11 acres, which could
provide for a total of approximately 133 units, instead of
the currently approved 102 units. This would equate to
swap of 65,500 sq.ft. of commercial for 31 residents.1I ,
}
Comment: Item C appears to be the basis for which the rezoning
should be granted. As single family and duplex structures abut
the south s.ide of the property, the RM zoning (medium density)
is as appropriate as SAD and could serve as a transition area
for the existing residences from the commercial property to the
_ north (Swap Shop). The property's location adjacent to the
Intracoastal Waterway as well as its configuration (narrow and
deep) lends itself well to residential development. The
rezoning should be beneficial for the development of vacant land
to the south which also abuts the Intracoastal Waterway and has
the development potential for single family homes. Also, the
development of the property as mUlti-family may be more
realistic than a large scale mixed use development. Development
of the property as residential would be an inducement the area
and may encourage redevelopment arid development of surrounding
properties. Based upon the above, it is appropriate to rezone
the property to RH.
REV I E W B Y 0 THE R S I __
The rezoning is not in a geographic area requiring review by the
BPB (Historic Preservation Board) or the DDA (Downtown
Development Authority).
P & Z Board Staff .port )
Rezoning from SAD ~o RM for the Marina Cay Property
Page 7
STAFF R E COM MEN D A T ION :
I
Recommend to the City Commission approval of the rezoning from
SAD (Special Activities District) to RM (Medium Density
Residential) based upon positive findings with respect to
Chapter 30f the Land Development Regulations, policies of the
Comprehensive Plan, and LOR Section 2.4.5(D)(5)(c) (Rezoning
Findings).
Attachments:
* Location/Zoning Map
* Survey
YIPZMARCAY.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 10. O. - MEETING OF "FEBRUARY 21. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 97-94
DATE: FEBRUARY 17, 1995
This is second reading and public hearing for Ordinance No. 97-94
which rezones a 1. 92 acre parcel of land from NC (Neighborhood
Commercial) District to POD (Professional and Office) District.
The property is generally located at the northwest corner of
Seacrest Boulevard and N.E. 22nd Street. It does not include the
pizza shop, convenience store and vacant gasoline station which are
under separate ownership.
The rezoning request involves the south 1. 92 acres of an overall
3.92 acre parcel. The north two acres of the property contains an
abandoned office complex which was last occupied in 1986, while the
south 1.92 acres is vacant land. The purpose of the rezoning is to
reduce the size of the NC parcel from 3.92 to 2 acres to comply
with maximum lot size requirements of the NC zone district. Please
refer to the staff report for a detailed analysis.
The Planning and Zoning Board formally reviewed this item at public
hearing on November 21, 1994, and voted 6 to 0 to recommend that
the rezoning be approved. At first reading on December 6, 1994,
the Commission passed the ordinance by unanimous vote. Second
reading was deferred pending demolition of the vacant structure
bisected by the proposed north zoning boundary line. This
structure has been demolished. Hence, the required public hearing
has now been scheduled.
Recommend approval of Ordinance No. 97-94 on second and final
reading.
p~ 4-0
ref:agmemo18
, I
l )
ORDINANCE NO. 97-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT
IN THE POD (PROFESSIONAL AND OFFICE) DISTRICT; SAID
LAND BEING GENERALLY LOCATED AT THE NORTHWEST CORNER
OF SEACREST BOULEVARD AND N.E. 22ND STREET; AND
AMENDING II 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 NC (Neighborhood Commercial) District; and
WHEREAS, at its meeting of November 21, 1994, the Planning
and Zoning Board for the City of Delray ,Beach, as Local Planning
Agency, reviewed this item and voted 6 to 0 to recommend approval of
the rezoning, 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 POD (Professional and
Office) District for the following described property:
The East 340.00 feet of the Northwest One-Quarter (NW
1/4) of the Southwest One-Quarter (SW 1/4) of the
Southwest One-Quarter (SW 1/4) of Section 4, Township
46 South, Range 43 East, Palm Beach County, Florida.
LESS THE FOLLOWING:
1. The South 15.00 feet of the above described
parcel (right-of-way for N.E. 22nd Street);
2. The East 40.00 feet of the above described
parcel (right-of-way for Seacrest Boulevard);
3. The West 130.00 feet of the East 170.00 feet of
the North 150.00 feet of the South 290.00 feet
of the above described parcel;
r !
4 )
" '
'-
4. The West 92.00 feet of the East 132.00 feet of
the North 125.00 feet of the South 140.00 feet
of the above described parcelj
5. The North 290.38 feet of the above described
parcel.
The subject property is generally located at the
northwest corner of Seacrest Boulevard and N.E. 22nd
Streetj containing 1.92 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 21st day of February , 1994.
ATTEST: ~~~
(J L Mn'l{)JI' k ~ 1In*
City C rk
First Reading December 6, 1994
Second Reading February 21, 1995
- 2 - Ord. No. 97-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
THRU:
ZONING
FROM:
SUBJECT: MEETING OF DECEMBER 6, 1994
FIRST READING OF ORDINANCE NO. 97 -94 - REZONING
PROPERTY FROM NC (NEIGHBORHOOD COMMERCIAL) TO POD
(PROFESSIONAL AND OFFICE DISTRICT) FOR PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF SEACREST
BOULEVARD AND N.E. 22ND STREET (ACROSS FROM ATLANTIC
HIGH SCHOOL).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning a 1. 92
acre parcel from NC (Neighborhood Commercial) to POD
(Professional and Office District). The purpose of the
rezoning is to reduce the size of the NC parcel from 3. 92
to 2 acres to comply with maximum lot size requirements of
the NC zone district.
The subject property is generally located at the northwest
corner of Seacrest Boulevard and N.E. 22nd Street,
excluding the pizza shop, convenience store, and vacant
gasoline station, which are under separate ownership.
BACKGROUND:
At its meeting of January 24, 1994, the Planning and Zoning
Board held a public hearing in conjunction with a City initiated
rezoning of the subject property from NC to RM (Medium Density
Residential). One of the reasons for the City initiated action
was that the 3.92 acre parcel exceeds the recently adopted
2-acre maximum site size for NC parcels. Other reasons dealt
with the appropriateness of a commercial development adjacent to
the residential neighborhood.
At the public hearing for the rezoning to RM, substantial
opposition was expressed by residents of the adjacent
neighborhood. The residents expressed support for development
of the site for low-intensity non-residential uses, as opposed
to multi-family. At that time the Board inquired as to the
possibility of splitting the property into two parcels, or
applying different zoning designations. The Board then withdrew
the RM rezoning request.
city Commission Documentation
Meeting of December 6, 1994
First Reading of Ordinance No. -94 - Rezoning from NC to POD
for the South 1.92 Acres of the Shops of Seacrest/Food Lion Site
Page 2
The owner of the property, Nations Bank, has now petitioned to
rezone the south 1.92 acres (currently vacant) from NC
(Neighborhood Commercial) to POD (Professional and Office
District) . An analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
Zoninq District Boundary Line
As presented, the proposed north zoning boundary line will
bisect a vacant structure. The reason for the placement of the
boundary line at that location is that the bank wants to keep
the NC zoning at the maximum 2-acre size. The structure is
scheduled for demolition, however, the bank wants to be
reasonably certain that the POD zoning will be approved prior to
demolishing the building. The applicant has stated that the
structure will be demolished pending the disposition of the City
Commission on first reading of the rezoning to POD. In order to
avoid a situation in which a zoning boundary line divides a
building, second reading of this ordinance will not be scheduled
until such time that the structure has been demolished.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 21, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. The owner of the adjacent residential property (west)
spoke in support of the POD zoning. There was no public
testimony in opposition to the rezoning. The Board voted 6-0
(Ms. Young absent) to recommend that the request be approved.
RECOMMENDED ACTION:
By motion, approve Ordinance No. 97-94 on First Reading.
Attachment:
* Location/Zoning Map
* P&Z Board Staff Report & Documentation of November 21, 1994
* Copy of Ordinance No. -94
VICCSEATAN.DOC
~'.PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ___
~
MEETING DATE: November 21, 1994
AGENDA ITEM: V. B.
ITEM: Rezoning from Ne (Neighborhood Commercial) to POD (Professional Office District)
(A Portion of the Former Shops of Seacrest Site).
GENERAL DATA:
llJlIIIII.
,---. ---TT" ClJLr STPE-''''
. BOU\..EV-.RO
Owners...................Nationsbank of Florlda, N. A.
c/o Mark Lynd ~ 0
Arnresco Inst.Ltut.Lonal, Inc. "" ~
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Appl.Lcant................Mike Covelli \ r-S
Caulfield' Wheeler, Inc. CIl-,-r--,
Location.................Northwest corner of Seacrest. ~ at~ ~~I
Boulevard and N.E. 22nd ~ ~ D
Street. c 5
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Property Size........... .1.92 Acres \ ,I- - -, -f.-___ VI
City Land Use Plan...... .Transitional \ \ "yVJJ1tC
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Existing City Zoning.....NC (Neighborhood COn\.'llercial) \ ,..'~
Proposed City Zoning.....POD (Professional and Office ,------ I ~
. District) se;tI
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Adjacent Zoning.. .North: NC i 1..........-
East: NC and CF (Community <II L.J !.
Facilities) ~ I
,'. South: R-l-AA (Single Family " 1"--
.. . Residential) U IT ,.....
West: R-l-AA ~,... , .L
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Exist.Lng Land Use........Vacant land. 1 ~ _ --; I
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Proposed Land Use........ Potential for off ice ; _ f-- ;:::. I . I ~
development. It "::::: .':= =11':-:
Water Service............Exlstlng 8" water mains - II - ~4 ' . i
alonft N.E. 22nd Street and I I '
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Seacrest Boulevard. . I I l~ \
Sewer Servlce............Exlstlng 8" sanitary sewer l "---;
malns along N.E. 22nd Street [J I
and in Seacrest Boulevard. I -n- ~
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,I T EM B E FOR E THE BOA R 0 :
The action before the Board is that of making a
recommendation on a rezoning request from NC
(Neighborhood Commercial) to POD (Professional and
Office District), pursuant to Section 2.4.5(0).
The subject property is generally located at the
northwest corner of Seacrest Boulevard and N.W. 22nd
Street, excluding the pizza shop, convenience store,
and vacant gasoline station.
BACKGROUND I
The rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The north 2 acres of the property contains an
abandoned office complex (Unemployment Compensation office)
which was last occupied in 1986, and the south 1.92 acres is
vacant land. The subject property has an extensive land use
history. The following are the most recent land use actions to
occur as they relate to the property.
With the Citywide rezoning and adoption of the City' a Land
Development Regulations in October, 1990, the Planning and
Zoning Board recommended that the property be rezoned from LC
(Limited Commercial) to RM (Medium Density Residential).
However, during City Commission conaideration, the property
owners requested and received an NC zoning designation in order
to accommodate a proposed Food Lion grocery store. Concurrent
with the rezoning action, the City Commission amended the NC
zone district to allow a maximum single user floor area of
35,000 sq. ft. A site plan for the grocery store was submitted
but not approved and the project was never built.
. On October 18, 1993, the Planning and Zoning Board reviewed and
recommended approval of changes to the NC zone district
regulations. These changes included a reduction of intensity by
reducing the maximum lot size from 4 acres to 2 acres, and
reducing the maxi.um area allocated to each type of principal
use fro. 35,000 aq.ft. to 10,000 sq.ft. The City Commission
approved.th... changes on December 7, 1993.
At ita _tlng of January 24, 1994, the Planning and Zoning
Board held a public hearing in conjunction with a City initiated
rezoning of the property from NC to RM (Medium Density
Residential). One of the reasons for the City initiated action
was that the 3.92 acre parcel now exceeds the 2 acre limit for
NC. O~her reaaons dealt with. the appropriateness of a
commercial development adjacent to the residential neighborhood.
At the public hearing for the rezoning to RM, substantial
opposition waa expressed by residents of the adjacent
neighborhood. There were concerns raised with respect to the RM
zoning as well as the the parking situation at the corner of
Seacrest Boulevard ~nd N.W. 22nd Street. The residents
. P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page ~
supported development of the site for low-intensity
non-residential uses, as opposed to multi-family. At that time
the Board inquired as to the possibility of splitting the
property into two parcels, or applying different zoning
designations. The Board then withdrew the rezoning request due
to the concerns of surrounding property owners.
On October 7, 1994, an application was submitted to rezone the
south 1.92 acres of the overall 3.92 acre parcel from NC to POD
and is now before the Board for action.
PRO J E C T DES C RIP T lOR :
The rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The proposal. is to rezone the 1.92 acres
(currently vacant) from NC (Neighborhood Commercial) to POD
(Professional and Office District). The rezoning does not
include the existing pizza shop, convenience store, or vacant
gasoline station at the northwest corner of Seacrest Boulevard
and N.W. 22nd Street, which are under separate ownership.
Z 0 R I.N G A R A L Y S IS:
REQUIRED FINDINGS: (Chapter 3)
pureuant to Section 3.1.1 (Required Findinge), prior to the
approval of develop.ent applicatione, certain finding. muet
be made in a fom which ie part of the official record.
This may be achieved through information on the
application, the .taff report, or minut... Finding. .hall
be made by the body which hae the authority to approve or
deny the development application. The.e finding. relate to
the Future Land Uee Map, Concurrency, Comprehen.ive Plan
Conei.tency and Compliance with the Land Development
Regulation..
lFuture Land Use Map: \ The use or structure. mu.t b. allowed in
the zoning dietrict and the zoning
di.t~ict .u.t be con.i.tent with the land u.. d..ignation.
The subjiCt property has a Transitional Land Use Map designation
and is currently zoned NC (Neighborhood Commercial). The
proposed zoning of POD (Professional and Office District) is
consistent with the Transitional land use map designation. The
POD (Professional and Office District) zone district was created
in orde~ to provide a very limited application of professional,
office, and similar intensity uses to small parcels on
~ properties designated as Transitional. eaaed upon the above, a
positive finding can be made with respect to consistency with
the land use map designation.
. .
P & Z Board staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 3"
I Concurrency: I Facilities which are provided by, or through,
the City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. The.e
facilities shall be provided pursuant to level. of .ervice
established within the Comprehen.ive Plan.
As the rezoning request is a change from existing commercial
(NC) to a zoning which is of similar intensity (POD), level of
service standards as they relate to Water, Sewer, and Drainage
should not be significantly affected. As the property will
remain non-residential, there will be no impact on park
facilities. However, the following information is provided as
it relates to Streets and Traffic, and Solid Waste.
Streets and Traffic:
Pursuant to Section 2.4.5(0), with all rezoning requests,
traffic information is required which addresses the development
of the property under reasonable intensity pursuant to the
existing and proposed zoning.
.
Based upon the submitted traffic information, the maximum
development potential for the 1.92 acre property under the
existing NC zone district (retail use) would result in the
generation of 2,657 trips per day, whereas under the proposed
POD zone district (office use) 493 trips per day will be
generated. This represents a potential reduction of 2,164 trips
per day. Based upon the above, a positive finding can be made
with respect to this level of service standard.
Solid Waste:
. Trash generated under the proposed POD zone district (office use
at 5.4 pounds per sq. ft. per year) will be lellll than that
generated under the NC zone district (retail use at 10.2 pounds
per sq. ft.). Thus, there will be a positive impact on this
level of service standard.
I consi.tenc:rll Compliance with the performance .tandard. set
forth in Section 3.3.2 (Standard. for Rezoning
Action.) along with required finding. in Section 2.4 .5 (D) ( 5 )
(Rezoning Finding.) .hall be the ba.i. upon which a finding of
overall con.i.tency i. to be made. Other objective. and
policies found in the adopted Comprehen.ive Plan may be u.ed in
the making of a finding of overall con.i.tency.
COMPREHENSIVE PLAX POLICIES
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the applicable policies
are noted. _
P , Z Board Staff Report
Rezoning from MC to POD for Seacrest/Tangerine (aka Food Lion)
Page i,
Land Use Ilement Ob ective A-I. Vacant property shall be
deve ope n a manner so that the future use and inten.ity is
appropriate and complies in terms of soil, topographic, and
other applicable physical . con.ideration., i. complimentary to
adjacent land uses, and fulfill. remaining land use need..
Development of the overall 3.92 acres under the current MC
zone district regulations would exceed the appropriate
intensity for the MC zone district. Commercial development
exceeding the prescribed intensities of the MC zone
district would not be complimentary with the adjacent
residential properties. The proposed POD zone district is
less intense than the Neighborhood Commercial and provides
for a more complimentary land use to the adjacent
residences.
Section 3.3.2 Standard. . The applicable
performance .tandard. 0 er policies which
apply are as follows.
(e) Additional strip commercial zoning on vacant properties
shall be avoided. Thi. policy .hall not preclude rezoning.
on land that at the time of rezoning has improvement. on
it. Where exi.ting .trip commercial areas or zoning exists
along an arterial.treet,consideration .hould be given to
increasing the depth of the commercial zoning in order to
provide for better project de.ign.
Typically, neighborhood commercial properties are strip
commercial in nature, which is evident by the existing
commercial development along Seacrest Boulevard adjacent to
the subject property. Concerns with strip commercial
development relate to a high intensity use with inadequate
. depth and parking facilities. The reduction of 1.92 acres
of MC in a manner that does not reduce the depth of the
remaining MC property, will further the above stated
policy.
(D) That the rezoning .hall re.ult in allowing land u.e. which
are'd_ed compatible with adjacent and nearby land uses
botb exi.ting and propo.ed; or that if an incompatibility
mar' occur, that .ufficient regulation. exi.t to properly
mitigate adver.e impact. from the new u.e.
Properties south and west of the subject property are zoned
R-l-AA (Single Family Residential); and, north and east are
zoned NC. The land uses adjacent to the property include
the ,following: south and west are 6 single family
.. residences; north is the vacant office complex; and, east
are Domino's Pizza, Kwik Stop convenience store, a vacant
gasoline station, Seacrest Discount Beverage and Grand
Rental Station.
.'
P , Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 5
"
Site compatibility has been expressed as a concern with
previous commercial proposals - Shoppes of Seacrest and
Food Lion - and the proposed rezoning to RM (January 1994).
Rezoning to POD will be more compatible with the adjacent
residential land uses than the existing NC zoning, and
should not have any adverse impacts on the residences.
Section 2.4.5(0)(5) (Rezoninq Findinq.).
Pur.uant to Section 2.4.5(0)(5) (Finding.), in addition to
provision. of Section 3.1.1, the City Commi..ion mu.t make a
finding that the rezoning fulfills one of the rea.on. for which
the rezoning change i. being .ought. The.e rea. on. 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 circwutance. which
make the current zoning inappropriate;
c. That the requ..tedzoning is of .imilar inten.ity a.
allowed under the Future Land U.e Map and that it i.
more appropriate for the property ba.ed upon
circumetance. particular to the .ite and/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
"The zoning circumstances have changed. The existing MC
zoning is a total of 3.92 acres on the site. The code only
permits 2.0 acres to be held in the NC zoning. Therefore,
the 1. 92 acre parcel is being rezoned to POD which is
compatible witJl the intensity and uses within this area.
This rezoning is being sought for the purpose of bringing
this parcel into conformity with zoning requirements."
Comment: The justification statement addresses Items 8 and C as
the bas~ for which the rezoning should be granted. There has
been a GIang. in circumstances in that the amendment to the MC
zone dietriet regulations in 1993, reduced the intensity of the
district which aatee the approximately 4 acre He property
inappropriate. With this rezoning to POD, the existing
nonconformity will be eliminated as the NC property will contain
the maximum 2 acres. . Further, the maximum develoPBent intensity
for the properties will be reduced, thus, the properties will be
more compatible with the adjacent residences. eased upon the
.' above, it is appropriate to rezone the property to POD.
.- -
P , Z Board Staff Report
Rezoning from MC to POD for Seacrest/Tangerine (aka Food Lion)
Page 6~
o THE R I T EMS .
Zoninq District Boundary Line
Until such time that a subdivision plat is recorded which
clearly delineates the POD and MC parcels, the existing 3.92
acre parcel will have 2 different zoning districts. Pursuant to
Section 4.1.3(H}, where a zoning district boundary line divides
a lot, the regulations of the greater portion shall prevail for
the entire lot unless it is clear in the application of the
zoning that more than one district shall apply to the property.
The POD is being applied in a manner that specifically
delineates the two separate districts, therefore the NC zone
district will n2! prevail on the entire property.
Plattinq
The subject property currently has a metes and bounds legal
description. Previously, separate metes and bounds legal
descriptions were created for the adjacent commercial parcels
which constituted a subdivision,' however, a subdivision plat was
never processed. Therefore, in conjunction with the rezoning
request, processing of a subdivision plat is appropriate,
dividing the south 1. 92 . acres (proposed POD zoning) from the
north 2 acres (existing MC zoning). The purpose of the plat is
to correct previously unapproved subdivision actions and to
clearly delineate the proposed POD parcel from the NC parcel.
Convenience Store Parkinq (NW corner Seacrest , 22nd St.)
Wi th future development of the subject property, the back-out
parking situation for the convenience store and pizza shop must
be addressed (Northwest corner of Seacrest Boulevard and M. W.
22nd Street). The elimination. of the back-out parking was
raised with the review of the Food Lion site plan in July 1991.
The parking was to be relocated to the west side of the
commercial structures, on the subject property. The applicant
has acknowledged that these improvements must be made with any
future development of the property.
Potenti.. U.e of Property by Atlantic Hiqh School
In recent aonths, City residents and members of the City's
Education Board have approached the City Commission regarding a
proposal to have the School Board purchase the 3.92 acre s 1 te
for use by Atlantic High School, which is located across
Seacrest. Boulevard from the site. Potential uses proposed for
the property include recreation facilities and/or parking. On
Movember 1st, the City Commission voted to establish a task team
.' to explore those possibilities.
:.
. P , Z Board Staff Report
Rezoning from MC to POD for seacrest/Tangerine (aka Food Lion)
Page 7
'.
It could be several months before recommendations are
forthcoming regarding that proposal. In the meantime, the
property owners want to proceed with the rezoning to make the
property conforming. If the Atlantic High School proposal is
approved, it will be necessary to rezone the entire 3.92 acres
to CF (Community Facilities). Approval of the current rezoning
of a portion of the site to POD at this time will not affect
that future action.
R B V I E W B Y o T H B R S .
The rezoning is not in a geographic area requiring review by the
DDA (Downtown Development Authority) or the HPB (Historic
Preservation Board).
Community Redevelopment Aqency:
As the subject property is adjacent to Community Redevelopment
Area, the rezoning request was forwarded to the Community
Redevelopment Agency for a recommendation. On October 20, 1994,
the CRA reviewed and recommended approval of the rezoning
request. .
Public Motice:
Formal public notice has been provided to property owners within
a 500' . radius of the subject property. In addition, courtesy
notices were provided to the following homeowner's associations:
* Del-Ida Park
* Dell Park
* Lake Ida Park
* Mortheast Neighborhood
Letters of objection, if any, will be presented at the Planning
and Zoning Board meeting.
ASSBS8111RT AND CON C L U S ION ,
The r,ezoning will enable positive findings to be made with
Chapter ) of the Land Development Regulations, policies of the
Compreh...lve Plan, and Section 2.4.5(D}(5) (Rezoning Findings),
that thee. ba. been a change in circumstances which make the NC
zoning inappropriate and that the POD zoning is of similar
intensity. The rezoning will eliminate an existing
nonconformity by reducing the NC zoning on a property to
the maxi~um 2 acres allowed.
ALTBRRATIVI ACTIONS,
"'
A. Continue with direction.
.-
.
. p , Z Board Staff Report
Rezoning from MC to POD for Seacrest/Tangerine (aka Food Lion)
Page ~,
B. Recommend approval of the rezoning request from MC to POD
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from MC to POD for
based upon a failure to make a positive finding with to
Section 2.4.5(D)(5), the rezoning fails to fulfill at least
one of the reasons listed.
S T A F F RECOMMENDATION.
Recommend approval of the rezoning request from HC to POD based
upon pos i ti ve findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5)(b) , (c), that there
has been a change in circumstances that make the existing MC
zoning inappropriate, and that the POD zoning is of similar
intensity.
.
Attachments:
* Location/Zoning Map
* Survey
VtSI!:AC"EST.DOC
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MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER ~~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT'~\I
RE: MIXED TRASH - NUISANCE ORDINANCE/FIRST READING
DATE: FEBRUARY 15, 1995
ITEM BEFORE THE COMMISSION:
First reading of the ordinance amending Chapter 100, "Nuisances"
of the City of Delray Beach Code Of Ordinances, amending Section
100.01 providing for the separation of vegetative trash and other
refuse and declaring uncontainerized trash and refuse (other than
large bulky items), as a nuisance. The ordinance also amends
Section 100.21 providing for the issuance of a warning notice
pr10r to the issuance of a County Court Citation for violations
under this ordinance.
BACKGROUND:
The improper disposal of trash, vegetation and other refuse is
one of the common issues identified by residents, especially
under our. Neighborhood Association program and our Community
Oriented Code Enforcement efforts, as a contributor to blight.
We also find that once vegetative trash 1S mixed with other
types of refuse, the tipping fee to dispose of the mixed refuse
1ncreases significantly to the City. The current ordinance does
not require the separation of vegetative trash and other refuse
nor the use of containers for all trash and refuse other than
heavy bulky items.
The proposed amendments to Chapter 100 will place the
responsibility of proper separation and the use of containers for
all vegetation and trash on the property owner. It also
incorporates the use of the County Court Citations to encourage
compliance. It is believed that the appearance of neighborhoods
will be greatly improved with the approval of this ordinance.
RECOMMENDATION:
Staff is recommending the approval of the proposed amendments to
Chapter 100 of the City's Code Of Ordinance on first reading and
that the Ordinance be scheduled for the required Public Hearing
at the next regular meeting.
LB:DQ sf ~
D4 f~ ' 1/-0
TrashOrd.CC
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ORDINANCE NO. 15-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING CHAPTER 100, "NUISANCES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND
VEGETATION UPON LANDS PROHIBITED", TO PROVIDE FOR THE
DECLARATION THAT THE ACCUMULATION OF VEGETATIVE TRASH
MIXED WITH NON-VEGETATIVE TRASH IS A PUBLIC NUISANCE; TO
PROVIDE FOR THE DECLARATION THAT ACCUMULATIONS OF WOSE,
UNCONTAINERIZED OR UNBUNDLED REFUSE, OTHER THAN HEAVY,
.BULKY ITEMS IS DECLARED A PUBLIC NUISANCE AND IS PROHIBITED;
_AMENDING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED" TO
PROVIDE FOR THE ISSUANCE OF A WARNING NOTICE BY CODE
ENFORCEMENT OFFICIALS PRIOR TO A COUNTY COURT CITATION
NOTICE BEING ISSUED; PROVIDING A SAVINGS CLAUSE, A REPLEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach finds that once vegetative trash is
mixed with other types of refuse, the tipping fee to dispose of the mixed refuse increases significantly over that
I charge for pure vegetative trash; and
WHEREAS, at the current time there is no ordinance which prohibits the mixing of vegetative
trash and other refuse; and
WHEREAS, in order to ensure the removal of mixed trash from property, the City Commission
finds that it should be the property owner's responsibility to eliminate the mixing of trash on their property; and
WHEREAS, containerizing trash to enable it to be picked up during a regular garbage pickup
reduces costs by eliminating the tipping fees incurred for the bulk pickups and damage to swales which result
from the usage of "clam trucks" which pick up the items; and
WHEREAS. the appearance of the neighborhoods within the City of Delray Beach will be
improved with the elimination of uncontainerized trash laying in the swales, which will have a positive affect on
property values within the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLWWS:
Section 1. That Chapter 100, "Nuisances," Section 100.01, "Existence of Weeds, Trash and
Vegetation Upon Lands Prolu'bited, " of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
\
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Section 100,01 EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS
PROHmITED.
(A) (1) The existence of weeds, dead or living plant life, undergrowth, brush, trash, filth,
garbage or other refuse on any lot, tract or parcel of land in the City, whether improved or unimproved,
which has caused the property to become, or which may reasonably cause the property to become infested
or inhabited by rodents, snakes, vermin or wild animals, or may furnish a breeding place for mosquitoes
or threatens the public health, safety or welfare, or may reasonably cause disease, or adversely affects and
impairs the economic welfare of other property, is declared to constitute a public nuisance and is
prohibited, and every owner of real property in the City has a duty to keep his property free of any
nuisance at his expense.
(2) The existence of weeds or other dead or living plant life or vegetation which have
attained a height of twelve (12) inches or more, and which exist on any lot, tract or parcel of land in the
City, whether improved or unimproved, shall be presumed to be detrimental to the public health, safety,
and welfare, and thus shall be presumed to constitute a public nuisance under the terms and conditions of
this subchapter.
0) The existence of accumulations of v~eetative (i.e. yard and earden) trash mixed with other
types of refuse is deemed to be detrimental to the public health, safety, and welfare and thus deemed to .
a public nuisance and prohibited. Such mixed accumulations shall not be picked 1lP by the Ci,.
sanitation franchisee durini reeular collection routes but shall besul)ject to abatement or citation as other
nuisances in any manner set forth in this chlij)ter,
(4) The existence of accumulations of loose. uncontainerized, or unbundled refuse, other than
hea~. bulky itelJls is deemed to be detrimental to the public health. safety and welfare and thus shall be
deemed to ~e a public nuisance and is Pfol\ibited. The aforesaid accumulations shall not be picked up by
the City's. sanitation franchisee durine ~eular collection routes but shall be su~ject to abatement or
citation as other nuisances in any manner set forth in this chll,pter.
Section 2. That Chapter 100, "Nuisances", Section 100.21, "Notice of Violation Required," be, and
the same is hereby amended to read as follows:
Section 100 21 NOTICE OF VIOLATION REQUIRED.
(A) If the City Manager or his designated representative shall determine that a public nuisance
exists in accordance with the standards set forth in these sections on any lot, tract, parcel or other real
property within the City, whether improved or unimproved, he shall forthwith notify the owner of the
property as the ownership appears upon the last complete records of the County Tax Assessor. The notice
shall be given in writing. by first class mail, postage prepaid, which shall be effective and complete then
properly addressed as set forth above and deposited in the United States mail with postage prepaid, and
shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on
anyone owner shall be sufficient. The personal delivery by the City Manager or his designatpoA
representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notiet
- 2 - Ord. No. 15-95
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returned by the postal authorities, the City Manager or his designated representative shall cause a copy of
the notice to be served upon the occupant of the property or upon any agent of the owner thereof. In the
event that personal service upon the occupant of the property or upon any agent of the owner thereof
cannot be performed after reasonable search, the notice shall be given by a physical posting of the notice
on the subject property.
$) Alternatively, City Code Enforcement officiers m~ issue a wamin& notice in person or
by first class mail to the person who committed the violation, which notice shall ~ecify the section of the
Code of ordinances which is heill& violated arid the reQJIired correction date. In the event the violation
enumerated on the wamilli notice is not corrected as ~ecified, a Code Rnforcement Officer m~ issue a
County Court Citation pursuant to Chllpter 37 of the Code of Ordinances, or proceed as set forth in this
ch~ter .
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.
I
PASSED AND ADOPTED in regular session on second and final reading on this the _ day of
, 1995.
"
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
weeds.on:!
- 3 - Ord. No. 15-95
ffB 2 "1995
21 February 1995 CITY COMMISSleN
TO :- David Harden. City Manager--City of lelray Beach. FL
From :- Bob Cullen. Delray Dep.t Relocation CMrdinator
Greetings David,
Will you please address the issue of the Delray Depot Foundation plan and
Construction at this evenings Commission Meeting? Specifically, I am asking
that the City accept the responsibility for the Site Plan and the Construction
Costs of a simplified Foundation. My estimate for this expense would be
about $7,500. (based upon 3 bid estimates)
The entire Project is dependant upon all the pieces being in place
so the Foundation Plan and Cost is now very critical.
. The Site has been set-- W .rthing Park
. The Delray Beach Historical Society now has funds for the
purchase of the building and the relocation costs--$27.'" appr.x.
. The County Historical Preservation Board is in process of compiling
a Restoration Grant.. (expected late this year-199S)
......................unless I can confirm the construction of the Foundation. the entire ,
Project comes to a halt. since all pieces must be agreed to and be in place fOr
the Historical Society to advance the funds. Then I can complete the building
Purchase Contract (scheduled for February 28. 1995) and contract with
Mike Adair (Moving Engineers) to go forward with the physical move.
Please seek what ever approvals are needed for the Foundation Cests. s. we
may proceed
Thanks Cor listening I
~bCk\leVl -
Bob Cullen. Coordinator
Phone 278-7601
cc-City Com mission