03-07-95 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING P~~~B~f~
b.e:I:II
MARCH 7. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. ~~C,
APULT IIBçq \t:J:ON CENT)!R AT VETBRAllII PAR!t , III P
802 H.B. 1ST STREET
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 activi-
ty conducted by the City. Please contact Doug Randolph at 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 are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or 1es8, (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.
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APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. J:nvocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of February 21, 1995
Special Meeting of February 28, 1995
6. Pro.clama tions :
A. Recognizing Delaire Country Club
B. Florida Daughters of the American Revolution Centennial Weekend
- March 10 to 12, 1995
C. Women's American Organization for Rehabilitation through
Training (ORT) Day - March 15, 1995
D. Save Your Vision Month - March, 1995
7. Presentations:
A. Kathleen Daley - 1995 Legislative Work Program
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/KEYSTONE CREATIONS: Approve the final plat
for Keystone Creations, a monument and stone cutting facility
located on the east side of N.W. 18th Avenue, north of Don
Francisco Way (N . W . 1st Street).
B. LANDSCAPE WAlVERS/COTRAN SATELLITE BUS FACILITY: Approve a
request for waivers from LDR Sections 4.6.16(H) (3) (j) & (k) to
reduce the interior landscape requirements in conjunction with
the development of the CoTran Satellite Bus Facility located at
the northwest corner of Congress Avenue and N. W . 1st Street,
based upon positive findings.
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C. AMENDMENT TO INTERLOCAL AGREEMENT WITH TOWN OF GULFSTREAM:
Approve an amendment to the Interlocal Agreement between the
City and the Town of Gulfstream to incorporate emergency
medical transport services.
D. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF
TRANSPORTATION: Approve the Maintenance Memorandum of
Agreement required by the Florida Department of Transportation
in connection with the West Atlantic Avenue Beautification
project.
E. NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW
ENFORCEMENT: Approve a user agreement with the Florida
Department of Law Enforcement allowing the City to access and
exchange criminal history record information via the National
Crime Information Center (NCIC) .
F. ACOUISITION OF RIGHT-OF-WAY FOR S.W. 10TH STREET: Approve a
Contract for Sale and Purchase between Joseph Milien, Immacula
Milien and Yves Louime (Sellers) and the City (Buyer) for two
parcels located on the south side of S.W. 10th Street just west
of Swinton Avenue, containing 0.046 acres more or less.
G. FUNDING ALLOCATION FOR RAILROAD DEPOT FOUNDATION PLAN: Approve
a funding allocation of up to $7,500.00 for the Railroad Depot
foundation plan, with funding from General Construction Fund -
Railroad Depot Foundation (Account No. 334-6111-519-62.12),
through budget transfer from City Manager's Contingency
(Account No. 001-6111-519-99.03) .
H. FINAL PAYMENT/AMERICAN LIGHTING MAINTENANCE . INC. : Approve
final paYment to American Lighting Maintenance, Inc. for the
Swinton Avenue Beautification project, with funding in the
amount of $5,250.00 from Swinton Avenue Beautification - Other
Improvements (Account No. 115-2711-524-63.90) .
I. RESOLUTION NO. 20-95: Approve a resolution assessing costs for
abatement action required to demolish an unsafe structure at 14
S.W. 12th Avenue.
J. RESOLUTION NO. 21-95: Approve a resolution assessing costs for
abatement action required to remove nine junked and/or
abandoned vehicles on properties throughout the City.
K. RESOLUTION NO. 22-95: Approve a resolution assessing costs for
abatement action required to remove nuisances on 17 properties
within the City.
L. RESOLUTION NO. 23-95: Approve a resolution in support of
legislation pending before the U.S. Congress to reform the Safe
Drinking Water Act.
M. EMERGENCY PURCHASE OF EOUIPMENT FOR WATER TREATMENT PLANT :
Approve the emergency expenditure of $11,496.00 for purchase of
a replacement agitator drive gear box on vacuum dewatering
filter #2 at the Water Treatment Plant. Components purchased
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sole source from EIMCO Process Equipment, with funding from
Renewal & Replacement - Equipment Maintenance (Account No.
442-5178-536-46.20), through budget transfer from Water and
Sewer -. Equipment Replacement Program (Account No. 442-5178-
536-61.76) .
N. AWARD OF BIDS AND CONTRACTS:
1. Bid award - to Rolling Shield, Inc., for furnishing and
installing hurricane shutters for the north wing of City
Hall, with funding in the amount of $24,024.73 from the
General Construction Fund - Building (Account No.
334-6111-519-62.10) .
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting the actions and decisions made by the Planning and
Zoning Board, Site Plan Review and Appearance Board and the
Historic Preservation Board during the period February 20
through March 3, 1995.
B. CONDITIONAL USE APPROVAL/NORTHERN TRUST BANK: Consider a
request for conditional use approval to establish a bank with a
drive-through window in the Central Business District, and an
attendant parking lot on property zoned CF (Community
Facilities). The subject property is located at the southwest
corner of East Atlantic Avenue and Palm Square, and contains
0.664 acres.
C. CONDITIONAL USE APPROVAL/CASALE MARBLE IMPORTS: Consider a
request for conditional use approval to establish an ornamental
stone cutting facility. The subject property is located at the
southwest corner of S.W. 7th Street and S.W. 17th Avenue. It
is zoned I (Industrial) and contains 1.65 acres.
D. LOCAL AGENCY PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION/EAST ATLANTIC AVENUE PROJECT: Consider the
Local Agency Program Agreement between the City and the Florida
Department of Transportation to allow the City to coordinate
the. bidding and oversee construction of the East Atlantic
Avenue project.
E. REJECTION OF BIDS/WEST ATLANTIC AVENUE BEAUTIFICATION:
Consider rejecting all bids received for West Atlantic Avenue
Beautification, and authorize rebidding the project per revised
plans and specifications.
F. REPORT/RECOMMENDATION CONCERNING THE ANNEXATION REFERENDUM FOR
HIGH POINT WEST AND SURROUNDING AREAS: Consider the report and
recommended action from staff concerning the proposed
annexation referendum for High Point West and surrounding
areas.
G. HOUSING REHABILITATION GRANT AND CONTRACT AWARDS/COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM: Consider multiple awards to
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bidders for housing rehabilitation projects through the
Communi ty Development Block Grant Program, for a total grant
amount of $78,144.00, with funding from Housing Rehabilitation
(Account No. 118-1963-554-49.19).
H. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-1: Consider
formal initiation of Comprehensive Plan Amendment 95-1 pursuant
to the recommendation of the Planning and Zoning Board.
I. CHANGE ORDER NO. 1 /DiPOMPEO CONSTRUCTION CORP.: Consider
Change Order No. 1 to the contract with DiPompeo Construction
Corp. for additional work to the Veterans Park, Phase II
project, and a 16 day extension to the contract time, with
funding in the amount of $18,387.09 from Water and Sewer
Services - Other Improvements (Account No. 441-5161-536-63.90).
10. Public Bearings:
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.
11. Comments and J:nquiries on Non-Agenda J:tems from the Public-
Zmmediately following Public Bearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. Pirst Readings:
A. ORDINANCE NO. 14-95: An ordinance amending Section 101.35,
"Storing Boats", of the City Code by increasing the permit fee
and making certain other changes to the provisions for boat
storage on the municipal beach. If passed, public hearing on
March 21, 1995.
B. ORDINANCE NO. 17-95: An ordinance amending LDR Section 1.3,
"Non-Conforming Uses, Lots and Structures", to provide for a
grace period for post-disaster reconstruction of residential
structures to existing densities and heights. If passed,
public hearing on March 21, 1995.
C. ORDINANCE NO. 16-95: An ordinance amending LDR Section
7.8.13 (B), "Qualifications", to remove the requirement that
members of the Board of Construction Appeals be residents or
have their principal place of business in the City. If passed,
public hearing on March 21, 1995.
13. Comments and J:nquiries on Non-Agenda J:tems.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 7. 1995 - 6:00 P.M.
ADULT RECREATION CENTER AT VETERANS PARK
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
(J) CROSSROADS REOUEST FOR THE CITY TO PURCHASE McGRAW BUILDING:
Consider a request from Crossroads for the City to purchase
the McGraw Building at 306 N.E. 2nd Street.
WHEREAS , the residents of DELAIRE COUNTRY CLUB
began an annual golf tournament in 1990 at their Country Club,
for the exclusive benefit of the Delray Beach Fire Department,
the Delray Beach Police Department and Delray Citizens for
Delray Police; and,
, . WHEREAS , since 1990, this annual fund raiser has
resulted in the DELAIRE community donating over $80,000.00 to
these organizations to support their operational needs; and,
WHEREAS, donations to the Delray Beach Fire
Department have resulted in the purchase of hydraulic
lifesaving tools known as "Jaws of Life", medical equipment
including an electronic blood pressure machine, as well as
computer equipment for EMS training; and,
WHEREAS, during the same time, donations to the
Delray Beach Police Department have been used to purchase
sophisticated S.W.A.T. Team equipment, K-9 equipment, training
equipment, Community Policing bicycles, dive equipment to
support the Dive Team, as well as State of Florida Statute
books for all Field Operations Personnel. In addition, money
donated to Delray Citizens for Delray Police has been used to
provide annual scholarships for children of Delray Beach Police
Department officers and to sponsor the annual Labor Day Police
Challenge.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby acknowledge and thank the residents of
DELAIRE COUNTRY CLUB
for their support and efforts on behalf of the Delray Beach
Fire Department, the Delray Beach Police Department and the
Delray Citizens for Delray Police.
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 7th day of March, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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WHEREAS, the Daughters of the American Revolution
(DAR) are dedicated to the memory and spirit of those
individuals who fought to achieve America's independence; and,
WHEREAS , the Daughters of the American Revolution
honor our Revolutionary heroes by promoting the protection of
historical landmarks, monuments, manuscripts, relics and
revolutionary documents; and,
WHEREAS , the DAR celebrates all patriotic
anniversaries with genuine reverence, and works to inform and
educate young and old alike of the events and individuals who
influenced our nation's freedom; and,
WHEREAS, the Florida State Society Daughters of the
American ~evolution has reached its 100th anniversary with
Jacksonville being the first organized DAR Chapter in the State
of Florida. The State DAR Centennial will be celebrated at a
conference held in Jacksonville, March 10 through March 12,
1995; and,
WHEREAS , Florida was admitted into the Union and
came under the jurisdiction of the law of the land, the
Constitution of the United States of America on March 8, 1845,
therefore, the Florida State Society will also commemorate
Florida's 150th anniversary.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim March 10 through March 12, 1995
as
FLORIDA
DAUGHTERS OF THE AMERICAN REVOLUTION
CENTENNIAL WEEKEND
in Delray Beach, Florida, and encourage all citizens to
recognize the significant role the Florida State Society of the
Daughters of the American Revolution has played in the
preservation of our state and national heritage.
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 7th day of March, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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WHEREAS, Women's American Organization for
Rehabilitation through Training (ORT) is the largest membership
group in the ORT global family; and,
WHEREAS, the members have pledged themselves once
again to achieve their mission through ongoing campaigns of
membership recruitment, fundraising and community action. Its
unique international perspective enriches the organization as
an arena for advocacy and action on local, national and
international issues; and,
WHEREAS, Women's American ORT pledges itself to:
o Expansion of the global ORT
o Network of vocational and technical education
o Defeating anti-Semitism everywhere
o Supporting the rights of Soviet Jews and human
rights allover the world
o Backing the people of Israel in their search for
peace and security
o Developing the Bramson ORT Technical Institute in
New York City; the Golde/Zarem School in Chicago,
Illinois; and Los Angles ORT Technical Institutes
o Furthering the cause of quality public education
for all citizens
o Working for revitalized and upgraded vocational and
technical education in America; and,
WHEREAS, ORT also shares its expertise on a
nonsectarian basis through a widespread program of inter-
national cooperation, motivated by humanitarian principles.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim March 15, 1995 as
WOMEN'S AMERICAN ORT DAY
in Delray Beach, Florida, in recognition of the vital
achievements of ORT'S worldwide program and of Women's American
ORT abroad and on the American scene.
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 7th day of March, 1995.
MAYOR
THOMAS E. LYNCH
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WHEREAS , the ability to see is a valuable and
precious sense that greatly contributes to the welfare of
the entire community at large; and,
WHEREAS , vision is an important part of the
health, well-being and happiness of individual citizens;
and,
WHEREAS , the people of Delray Beach are fortunate
to have access to quality eye care and accurate eye health
information.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of De 1 ray Beach, Florida, on behalf of the City
Commission, do hereby join together with Bill Clinton, the
President of the United States of America, in proclaiming
March 1995, as
SAVE YOUR VISION MONTH
and urge all our citizens to reflect on the valuable role
vision has played in their lives, and to give special
attention to their eye care needs throughout the month of
March.
AND FURTHERMORE, I ask all doctors of optometry in
Delray Beach, Florida, other health care professionals,
community leaders, educators, and the news media to work
together in a common public service effort to help everyone
understand and appreciate the importance of the proper care
of their eyes.
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 7th day of March, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
fo·D.
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Kathleen E. Daley
& Associates, Inc.
GOVERNMENTAL AFFAIRS
MEMORANDUM
TO: MAYOR TOM LYNCH
MEMBERS OF THE DELRAY BEACH CITY COMMISSION
THROUGH: DAVID HARDEN, CITY MANAGER
FROM: KATHLEEN E. DAL~¡]-,
1
DATE: MARCH 1, 1995
SUBJECT: 1995 LEGISLATIVE AGENDA
I. LEGISLATION
l. COMMUNIlY REDEVELOPMENT AGENCY
House Bill 367 by Representative Bill Andrews
Senate Bill by Senator Matt Meadows (It has not been assigned
a number yet)
Purpose: To seek a judicial validation for the creation of
the agency and to provide a statute of limitations following
the creation within which any person might attack its
validity. (See attached)
2. WATER POLICY
Wastewater re-use, reclaimed water, etc. will be heavily
scrutinized this year in the newly created Water Policy
Committee in the House of Representatives. It's purpose will
be to study Florida's water supply, water quality, water
management, and policy in general. Although the committee has
proposed legislation it is unlikely that anything substantial
will pass this year as the committee has determined a state-
wide tour for regional input is necessary before making any
change in existing policy. We will be involved in some
defensive work against certain member bills, however, many
bills are still stuck in bill drafting and we have only heard
rumors.
One Capitol Place· 108 East Jefferson Street, Suite C . Tallahassee, FL 32301
(904)222-0000 . Fax: (904)222-0095
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Memorandum to Mayor Lynch and the City Commission
March 1, 1995
Page two
3. ACCESS TO PUBLIC OFFICIALS
Senate Bill 438 by Senator Ron Silver
House Bill 5 by Representative Lee Constantine and others
This bill provides for access to public officials and allows
for the adoption of local rules and procedures. This bill,
supported heavily by the members has passed its first Senate
Committee. It was discussed at great length by Senate members
who did not think the bill was flexible enough. I anticipate
changes before its final passage. HB 5 passed out of Ethics
and Elections by unanimous vote.
4. EVELYN GORT CAREER CRIMINAL ACT
House Bill 461 by Representative Bruno Barreiro
Senate Bill 168 by Senator Ron Silver
Defines career criminals, provides for enhanced penalties for
career criminals. When a court finds that a person is a
career criminal it shall impose a penalty of life imprisonment
if the offense is a felony in the first degree, a 30 year
sentence if in the second degree, etc.
This bill is so popular that it has already been scheduled for
a Senate floor vote. The House companion has not been heard
due to a technical change, however, it was reintroduced and is
expected to move quickly.
5. FLORIDA INLAND NAVIGATIONAL DISTRICTS (FIND)
The Senate Natural Resources Committee introduced a bill to
abolish FIND, but the members of the committee reacted quickly
and amended the bill to re-enact them for two more years.
Many local governments along the eastern coast benefit through
grants from FIND.
6. TOURISM DEVELOPMENT TAX
The House is once again revisiting the tourist development
tax. Every interest is on this bill; advertising, beaches,
sports etc. There has been no change thus far.
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Memorandum to Mayor Lynch and the City Commission
March 1, 1995
Page three
II. GRANTS - IN - AID
1. DELRAY BEACH HISTORIC HOMES
(Chris Brown, CRA Director)
On February 28, the Advisory Council on Historic Preservation
met to distribute grant awards to the approved and accepted
applicants.
Award: $ 13,050
2. HISTORIC MUSEUM
Delray Beach Historical Society, Inc.
(Cason Cottage)
Funds Requested: $ 13,383.00
We will be working on the approval of this grant, which has
already been submitted. The museum board has not met yet.
III. FEDERAL ISSUES
A. The State will be reviewing the impact of the passage of the
unfunded federal mandates bill.
B. Federal Beach Funding (See attached fact sheet)
IV. ATTACHMENTS
1. CRA LEGISLATION
2. SENATE BILL 438/HOUSE BILL 5
3. FLORIDA LEAGUE OF CITIES LEGISLATIVE PRIORITIES
4. 1995 JOINT POLICY STATEMENT BETWEEN THE FLORIDA LEAGUE OF CITIES
AND THE FLORIDA ASSOCIATION OF COUNTIES
5. FEDERAL BEACH FUNDING
"' I
PIlOPOØ&D L8G:I8LA2!J:O. FOR
1995 LBGXSLATXVB aBSSXGØ
1. Pu+pose. (a) The purpose of the propoøed Lec¡ls1atiot\ is
to recognize the need for a Community Redevelopment Agency and its
governLng body to achieve a validation with a binding effect with
re9ard to tho F~nd~nga of Necessity for its, AS well AS compliance
with the procedural requirements for the creation of such ðgency.
This need recognizest.he fa.ct thAt for the term of exiøten<::e of the
community redevelopment agency (which may be thirty (30) years and
in Qome cases longer) ita founding underpinnings are subject to
attack at any t~e where it attempta to carry out ita purpoaea and
particularly at the tLme when it might exercise a delega.ted power
of eminent domain or validation of banda authorized for ita' ioaue.
The effect of the proposed legialation would be to provide
alternatively the means for the Community Redevelopment Agency to
seek a judicial validation of ita finding of necessity and
compliance with the procedural requiremente of Chapter 163 for the
creation of the agency with finality and additionally provide a
statute of limitations following- the creation of the Community
Redevelopment Agency within which any peraon might attack the
validity of the finding of neoessity and orqanizational procedural
requirementß for the creAtion of the Community Redevelopment
Aqency. (h)'1'hA RACond pl1r.paRe .t.ø to clarify the
diRpc")Ri.ti<m process and elimInate the redundaocy of having proposed
dispositions of r~al property open foX' liIubmlttal of proposals
twice.
2. Fi6cðl Impðct. This proposed legislation should have no
f.local J.mpa.ct upon either the State of Florida OJ:" th.e ta,Xinq
authorities.
J. Proposed I.eqiølotion. Plorida Statutea, Chapter 163,
Part III is hereby amended to add Section 163.359 entitled
"VaLidation of Creation of the Community Redevelopment Agency"
r. "SoctJ.o~ 1.63.359 - V.1i4.~j,ol\ 0« C:~.~Lo~ o~ ~I\.
Co..uni~y ft.d.v.1o~n~ Agenoy
( 1) JUR%.DX~%O.. - Cirouit Court" "hall have
juriodLctLon to determine the valLdation of findings of necessity
by gnvorn{ng bodio6 purðuðnt to florida StatutoD, Chapter 163.355
and complianco with the requ~rementø for the creation of community
rødøvølopl'I\Qnt ag8nc.1.e.. purlluant to Florida Statut$8, Chapt~r
163.J56 and a11 matter" connected therew~th.
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(2) PJ,.AJ:IITJ:...... - Any COI8n\unity Redevelopment Aqency
or governing body thereof, as defined in Chapter 163.340(3), may
determine thQ validity of the finding8 of neceøøity and compliance
with the requiremento for the creation of Buch Community
Redevelopment Agency pUrB~"nt to FloridA Statuteo, Chapter 163.355
and 163.356 and le~ality of all proceedings in connection
therewith. For this purpoøc a complaint ahall be filed in the
Circuit. Court in the county where the governJ.ng body of the
Community Radevelopment Agency is located against the State and the
taxpayers, property owner's, And citizens of the County, tAxJ.nQ
ðuthoritiee which contribute to the Community Redevelopment Trust
Fund of the plaintiff and the qoverninq body, including non-
rÐeidente ownin~ property or eubjeot to taxation therein.
(3) CONPLAJ:~. - The complaint ahall set out the
elements conatitutinq compliance with Florida ~tatuteH, Chapter
163, Part III for the creation of ouch Community Redevelopment
Agency and attach thereto copieø of all ordinonceo and reoolutionø
or other proceedings authorizing the creation ot auch Community
Redevelopment AQency.
(4) ORDBR AMD 8BRVICB. - The Court ahall iooue an
ordúr directod aqainøt the Stðtð and the several property owner's,
taxpayers, citizens, and others hAvin9 or clð.i1l\in~ ony ri<;Int,
tltle, or intereot in property within the governing body or taxing
a~thQritiÐß contributing to the p~4intiff'e Community Redevelopment
Truat Fund requiring all per8ona, in general terms and without
naming chem and the State through its State Attorney or attorneys'
of the circuitß where the CommunLty Redevelop.ent ^gency Itea, to
appear at a deBignated time and place within the circuit where the
complaint is filed and shOV why the complaint should not be granted
and the findings of necessity and reoolutiona and ordinanc8ø
crQatinq such Community Redevelopment Agency be validated. A copy
of thQ complaint and ordor shall. bQ OQrvod on the State Attorney of
the circuit in which such prncllliAdfnqR It.,.A pAnding at least twenty
daya before the time fixAd for hA,,"'inq. Thø State Attorney shall
examine the complaint, and, tt it appears or there is reason to
believe that it ia defective, insufficient, or untrue, or if in the
opinion of the State Attorney the requirements for the creation of
the Community Redevelopment Agency, 08 eetðblished by law, ahall
not have hÐÐn .at dofonao ahall be made by said State Attorney.
The State Attorney 8hðl~ have acceSB, for the purpoaec aforocaid,
to all rocords and proceød~ngs of tho 9ovorn~n9 body and Cornmun~ty
Rodovelopment Agenoy and any officor, Agent, or employee hðv1ng
charged possesuion or control of any of tho books, papers, or
rocordo of the County, governing body or Community Rodovolopment
Aywncy uhall exhibit thorn for oxam~nation on damand of tho State
Attorney, and øhall furniah, without cost, duly duthenti.ciJ.ttitd
OOpiØ8 thereof.
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(5) PUBLXCATXOH OF HOTXCB, - Befor.A the date set
for hearing, the clerk shall publish Ii copy of the order in the
County where the complaint .1.R ii.1Ad ftt lAARt once each week for two
consecutive weeka, cOlIID\Øncing with the first publication, which
ahall not be less than twenty (20) days before the data Bet for
hearing. By this publication all property owneru, taxpllyeX's,
citizena, and others having or ola.1:øú.ng any right, title or
interest in the county, municipality, qoverning body, or areð
governed by the COJllllluni ty Redevelopment Agency, or the taxable
property therein, are made parties defendant to the action and the
Court h"A jurißdtction of them to the same extent 118 if nlWled ae
defendants in the complaint and personally served with proc9S8.
( 6) J:IITERVEIft'XOJi¡ B&&RJ:XOS. - Any property owner,
tðx- payer, citizen or person interested may becoae a party to the
dction by moving againøt or pleading to the complaint at or before
the time set for hearing. At the hearing the Court shall determine
It 11 qUA!'Itionf1 of' 1 ftW Itnd fact and make such orders as will enable
it to properly try and determine the action and render a final
judgment with the least possible delay.
(7) APPBAL UD RBVIJnf. - 1\ny party to thA I\r:ti.on
whðthðr plaiñt~ff, dafandaot., ~nt.Qrv.nQJ:' OJ:' ot.ooJ:wiae, dissatisfied
wi t.h t.he final judgment., may appeal to the District Court. governing
such Circuit: Court whoroin the jud~ont WAR 'r'ßndQ'f'Ad with!.n thA
tìme ~nd in the mAnner prescribed by the Plorida Rules of Appellate
procedure,
(8) EFFECT A FJ:KAL JUDGIDIB)lT. - If the final
judgment validates the finding of necessity and compliance with tne
or9ðnizö.tioruÜ requirementa for the establishment of the Community
Redevelopment Agency dnd no appeal io taken within the time
prescribed, or .it taken and the judgment 10 affirmed, such judgment
i8 forQvQr conC'!luAivA 8A to ,,1], m~tte1:'8 adjudicated against
plaintiff ond 011 parties effected thereby, inc1ud.in~ all property
ownerl!i, taxpayers, And citizens of thft p1ßinr.11'f', .Aol1 ,,11 Ot:hA'f'ß
hav~ng or clð.~in9 any right, title or intereßt in thA property to
be effected by the Community Redevelopment Agency And the validity
of the finding of ð neCé8sity and crea.tion of tho Conwunity
RadaVQlopmQnt Agency ahall never be called and que.tioned ~n any
Court by GOY person or party.
( g) PA.DCDn! or COSTS, - The cooto ahall be paid by
thQ qovernJ.ng body or Communi.ty Redeve1.opment Agency f i 1 in9 the
complaint exoept whon a taxpayer, oitJ.Een or other person contðøto
the action or intervonoD¡ the Court may tax the whole or any part
of the cost 494inat him o. hi. equitable.
(10) LUID ONIIKR 01\ ~AXPA~KR. BON DJ:SOUAl.IFICA'1'ION OF
JUDO.. - No Judgo ahAll bu di.~al1f1ed in any validation Action
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bQcauso he is & land owner or taxpayer of any county, municipaltty,
or C~unity Redevelopment Agency seeking relief hereunder.-
II. Cha.pter 163, Part 1Xl .18 hereby proposed. to be
~ended to add Section 163.451 -Limita.tion on Actions to Conteat
Va.lidi.ty of Creation of Community Redevelopment Agenciea"
"Section 163.451 - ~~a~~OD on Act~on. to Cont..t
~alidity of Cr.atio~ of Co.auDity a.d...lo~nt AgeAcie.
Unless otherwise barred by a final judgment rendered
pUCl~uðnt to Chapter 163.359 above, an actJ.on to contøøt the
validity of the findingð of neceøøity purøuant to Chapter 163.355
nnd thft vltli.dit-oY of. thfll C':t:'fllatinn and 18981 Qxistence of the
Community Redev~lopment Agency ahall be commenced within one (l)
year following the later of (i) the effective date of this law or
(ii)the date upon which the governing body adopts the resolution
declaring the need for the Community Redevelopment Agency pursuant
to Florida Statutes, Chapter 163.356(2) or ouch a.ction ahall be
forever barred. II
III. Søctlon 163.380(3) is hereby amended in its entirety
to rßad au followul
(3) Prior to disposition of any real property or
intereot th.erein in a community redevelopment aJ::ea, any county,
municipality, or community redevelopment Agency shall give public
notice of such disposition by publication in a newspaper hAving a
general circulation in the community, at least 30 day~ prior to the
execution of any contract to sell, lease, or otherwise transfer
relil property and, prior to the cielivery of any inøt:r:wnent of
conveyance with relilpect thereto under the provisions of this
sðcti.on, invite propos4ls from, and mAke all pertinent information
available to, private redeveloper. or any pe:r;-sofus i.ntereHted in
undertaking to redevelop or rehabilitate a community redevelopment
area or any part th~reof. Such notioe shall identify the lirea or
portion thereof and shall state that proposals mUlilt be made by
those interested within 30 days after t:hA dlt.1:A of' {nlbl icat ion of
the notice and that such further information as is available may be
obtained at such office as is designated in the notice _ The
county, munioipAlity, or cOJUmunity redevelopment agency ahall
consi.der all such redovolopmont or ruhabi11tAtion proposalø é1nci the
finAnCial And leq¿l ability of the persona making s~ch propoßalu to
carry them out, and the oounty, municipality, Or community
redevelopment agenøy m4Y noqotiato w~th any pe~80ns for proposalð
for the p~rohaoo, lUAsu, or other tran8fer of any real proporty
acq~irQÙ by ~t ~n tho oommun~ty rGdeve~opment Area. Tho county,
municlpal~ty, or community r8development aqenoy may acoept 8uoh
proposal as it deems to be in the public interest and in
furtheranco of the purposes of thia part., ftew.~8., ð ne~1fieA~io~
~,\~.\ul~ent.\o~.\~l.
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of iRtJ.OR"'ioR 1:;0 .aIilOSpt:. 8üoh proposal IMIst> àe filed vi~h. ~hQ
yovefit!r\9 body-Rot. ICB8 Uwm 3Q days InriG» ~e a.ft}' ouch aooaptiano9.
~ f:~r tho OOUft~y .uR~eLpalit¡.y, 9£ OO"UR~ty reQEI~O~OpæcAt
~'Q~~t May'C)(Ceute ßUOh'O?Rtraot in ~8Ðe:rEiaI\eO with th9.pr:;~:~::ø
of øubøootioft (l)anà àe11ver dQo4ø, 10a8&8, aftå oth.er 1RS ø
aRS "'aka all .~8p. R888aaa5Y ~e effe8~M&~ .~.k .8ft~rðat.
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~ . " .
SPONSOR: Senator Silver and others BILL: SB 438
Page 1
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(This document is based only on the provisions contained in the
legislation as of the latest date listed below.)
DATE: February 6, 1995 REVISED:
SUBJECT: Access to Local Public Officials
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Price ~ ~ 1. CA Favorable
2 . 2. EE
3. 3.
4. 4.
I. SUMMARY:
This bill defines "local public official," and requires disclosure
of various forms of ex parte communications received by such
officials in the context of quasi-judicial proceedings.
The bill creates section 286.0115, Florida Statutes.
II. PRESENT SITUATION:
County and municipal governing bodies are administrative bodies
which perform mostly legislative acts (e.g., adopting annual
budgets and millage rates, and adopting ordinances dealing with a
variety of subjects relating to public health, safety and
welfare). However, these bodies also perform certain acts which
are classified as quasi-judicial (that is, actions of a judicial
nature, but which are performed by a legislative or administrative
bod y) .
A useful description of the meaning of ex parte communications in
the context of administrative proceedings may be found in the
federal Administrative Procedure Act, 5 U.S.C. s. 551 (14), which
provides in pertinent part that an ex parte communication is "an
oral or written communication not on the public record with
respect to which reasonable prior notice to all parties is not
given. . . ." Fundamental concepts of due process of law require
that adjudication of the rights of parties to quasi-judicial
proceedings be made on the basis of competent substantial evidence
(and not on the basis of ex parte communications).
The present controversy regarding ex parte communications with
elected county and municipal governing body members has arisen
because of two recent Florida cases, Jennings v. Dade County, 589
So.2d. 1337 (Fla. 3d DCA 1991), and Board of County Commissioners
of Brevard County v. Snyder, 18 F.L.W. S522 (Fla. 1993), and the
apparent misinterpretation by some county and municipal officials
of the scope and effect of these two decisions. The two cases in
combination do place new restrictions on county and municipal
governing body members in the conduct of quasi-judicial
proceedings, and do bring certain rezoning proceedings formerly
and traditionally deemed to be legislative into the quasi-judicial
category.
However, the decisions have no effect whatsoever on those
governing body members in the conduct of their day-to-day
legislative duties. Moreover, the decisions do not prohibit the
contacting of governing body members, even in quasi-judicial
, -
SPONSOR: Senator Silver and others BILL: SB 438
Page 2
rezoning proceedings, nor does the fact that such contacts are
made, in and of itself, result in the voiding of a decision of the
governing body. It is the part that the ex parte communication
may have played in the ultimate decision of the governing body
that determines whether that body's action will be disturbed by
the courts.
In the Snyder decision, the Supreme Court differentiated between
legislative and quasi-judicial proceedings: "Generally speaking,
legislative action results in the formulation of a general rule or
policy, whereas judicial action results in the application of a
general rule or policy." Snyder, at 18 P.L.W. 5524.
Quasi-judicial proceedings invoke constitutional due process
requirements similar to (although normally less stringent than)
those required in court proceedings, because of their inherent
nature (Le., adjudication of an individual's rights, as opposed
to the setting of general policy in a legislative proceeding). In
applying due process requirements in the context of reviewing a
quasi-judicial proceeding, a court is making a constitutionally
based decision. That is, the court's role is to decide whether
actions taken, or not taken, may constitute denial of a party's
constitutional guarantees of due process, and, if necessary, to
fashion appropriate remedies to protect due process rights in
ensuing proceedings of a similar nature. Due process requirements
are not uniform or static, but vary depending on the particular
type of proceeding, and the type of rights being adjudicated. For
example, proceedings involving potential deprivation of liberty
(i.e., imprisonment) ordinarily require a higher degree of due
process than proceedings involving only property rights. Due
process requirements also evolve over time, reflecting judicial
recognition of contextual or societal changes.
In the Jennings case, the 3rd District Court of Appeal considered
the effect of a lobbyist's ex parte communication with a member of
a county governing body in the context of a request for a zoning
variance. The granting of a variance, as opposed to an actual
zoning change, had already been held by the Florida courts to be a
quasi-judicial proceeding. The Snyder case complicated matters
and extended the effect of Jennings by holding that the rezoning
of individual parcels is also quasi-judicial (rather than
legislative, as previously classified). This result placed such
small-scale rezonings on the same level as variances for purposes
of applying due process requirements (including those additional
standards enunciated in Jennings in regard to ex parte
communications).
In Jennings, the court considered various cases, some of which
held ex parte communications in relevant circumstances to be
presumptively prejudicial, others of which did not, and decided to
apply the line of case law holding that they are presumptively
prejudicial. The result is not a prohibition against making or
receiving ex parte communications, nor is it a finding that such
communications are automatically dispositive of a particular
matter. Even though the Jennings court described ex parte
communications as "inherently improper" and as "anathema" to
quasi-judicial proceedings, the court expressly took notice of the
fact that county and municipal governing body members "are elected
officials in which capacity they may unavoidably be the recipients
of unsolicited ex parte communications regarding quasi-judicial
matters they are to decide." Having noted that fact of political
life, the court continued by stating that "(t]he occurrence of
such a communication does not mandate automatic reversal. "
Jennings, at 1 341 (emphasis supplied).
The essential result of Jennings is that a cause of action is
stated when prejudice is alleged because of ex parte contacts with
quasi-judicial decision makers, and that "(u]pon the aggrieved
-.
SPONSOR: Senator Silver and others 8ILL: S8 438
Page 3
party's proof that an ex parte contact occurred, its effect is
presumed to be prejudicial unless the defendant proves the
contrary by competent evidence." Jennings, at 1341 (emphasis
supplied). The Jennings court then adopted, from a decision of
the United States Court of Appeals for the District of Columbia
Circuit, the following factors to be considered by a court when
determining whether an ex parte communication has prejudiced a
local body's decision to the extent that the decision was
"irrevocably tainted" (also at 1341):
1. "the gravity of the ex parte communication;"
2. "whether the contacts may have influenced the agency's
ultimate decision;"
3. "whether the party making the improper contacts benefited from
the agency's ultimate decision;"
4. "whether the contents of the communications were unknown to
opposing parties, who therefore had no opportunity to respond;"
and
5. "whether vacation of the agency's decision and remand for new
proceedings would serve a useful purpose."
It should also be noted (as did the Jennings court) that in many
cases, the ex parte communication at issue is not the simple
telephone call, letter or visit from a constituent, or chance
meeting on the street, but is an integral part of an organized,
well-financed lobbying effort carried out by professional
lobbyists. And, as observed by Judge Barkdull in his concurring
opinion in Jennings, at 1345: "Ex parte lobbying of an
administrative body acting quasi-judicially denies the parties a
fair, open, and impartial hearing."
III. EFFECT OF PROPOSED CHANGES:
Section 1 of the bill creates a new section 286.0115, Florida
Statutes.
Subsection (1) of s. 286.0115 creates and defines the term "local
public official" for purposes of the section. The term is defined
as meaning an elected county or municipal officer "who recomends
or takes quasi-judicial action." (This definition is qualified
and limited in subsection (2) by reference to the official's being
a member of a county or municipal board or commission.)
Subsection (2) provides a statement, in the nature of legislative
intent, that any person "not otherwise prohibited by statute,
charter provision, or ordinance" may discuss with a I'local public
official" the merits of any matter on which action may be taken by
"any board or commission on which the local public official is a
member." It is further provided that such ex parte communications
shall not be presumed prejudicial to action taken by the board or
commission, provided the communications are "disclosed pursuant to
this section."
The reference in the first sentence of the subsection to "any
person not otherwise prohibited by statute, charter provision, or
ordinance" is intended to insure that this section is not
interpreted as constituting an exception to any other state law,
such as s. 286.011 (commonly referred to as the Sunshine Law) or
to any locally adopted procedures. The second sentence is
intended to address the result in the Jennings decision, as to ex
parte communication in the context of a quasi-judicial proceeding,
by providing for notice of such communications to all parties, and
· -
SPONSOR: Senator Silver and others BILL: SB 438
Page 4
the placing of such communications in the record prior to the
taking of the quasi-judicial action in question.
Paragraph (a) of subsection (2) states that an ex parte
communication with a "local public official" related to a quasi-
judicial matter is deemed to be "public information" if the
substance of the communication and the name of the person making
the communication is "divulged and made a part of the record prior
to final action on the matter. II
Paragraph (b) of subsection (2) addresses written communications,
authorizing a IIlocal public official" to read any such
communication relating to a pending quasi-judicial matter, and
declaring that such communications are deemed to be "public
information" if they are made part of the record prior to final
action.
Paragraph (c) of subsection (2) authorizes the conducting of
"investigations and site visits" and the receipt of "expert
opinions II relating to pending quasi-judicial matters, provided
that such actions are made a part of the record prior to final
action.
Subsection (3) imposes an explicit requirement that a "local
public official" who receives an ex parte communication relating
to a quasi-judicial matter must disclose or summarize the
substance of the communication, as provided in paragraphs (a), (b)
and (c) of subsection (2), above. It is further required that the
disclosure be made "before or during" the meeting at which a vote
is to be taken "such that those holding opinions contrary to those
expressed in the ex parte communication are afforded a reasonable
opportunity to refute or respond to such communication.1I
Subsection (4) provides that the new section 286.0115 does not
restrict the authority of any board or commission to establish
"rules or procedures governing public hearings and contacts with
local public officials." This language is intended to insure that
the new section does not interfere with the operation of any
locally adopted provisions (such as those of Metropolitan Dade
County) which regulate lobbying before county or municipal bodies,
or which provide other, more detailed or restrictive procedures
for the conduct of local proceedings.
Section 2 of the bill provides that the bill takes effect upon
becoming a law.
IV. CONSTITUTIONAL ISSUES:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
The language in subsection (2) of section 286.0115, as created
in the bill, acknowledges that this act's scope would be
limited by other laws (e.g., the "Sunshine Law," which is also
contained in ch. 286).
C. Trust Funds Restrictions:
None.
D. Other Constitutional Issues:
It is clear that the legislature, as one of the three
coordinate branches of state government, is entitled to make
its own interpretations of constitutional provisions. It is
.
"
SPONSOR: Senator Silver and others BILL: SB 438
Page 5
also clear that the judicial branch will often give
considerable weight to such legislative interpretations,
especially interpretations made contemporaneously with the
adoption of constitutional provisions and interpretations of
those provisions relating to the powers and duties of the
legislature itself,
Howeve r , it is equally clear that, once the appellate courts
have expressly held a certain action to be presumptively
prejudicial to a party's right to due process as guaranteed by
the state and federal constitutions, the legislature cannot,
simply by enacting a statute, step into the role assigned to
the judicial branch under our system of government and
substitute its own, different interpretation of the
constitution for that previously enunciated by the courts.
"Constitutional interpretations by the courts are incorporated
in the instrument itself and are beyond the power of the
legislative branch of government to change." 16 C.J.S.
Constitutional Law, s. 11 6, pp. 389-390.
That the legislature can enact certain statutory presumptions
and standards of proof in the context of an evidence code
without necessarily violating either the doctrine of
separation of powers or the judicial branch's express powers
to adopt rules for practice and procedure under Article V of
the State Constitution is understood. But that authority of
the legislature is tempered by other provisions of the state
and federal constitutions, and cannot be used to support the
proposition that the legislature can, by statute, "reverse" a
judicial holding that a presumption of prejudice to one's due
process rights under the state and federal constitutions
exists (unless rebutted) under a particular fact situation.
Since the landmark decision of the United States Supreme Court
set forth by Chief Justice Marshall in Marbury v. Madison, 5
U.S. 1 37, 1 Cranch 137, 2 L.Ed. 60 (1803), it has been a
fundamental principle throughout all jurisdictions in this
nation that ". . . where a court of last resort has construed
a constitutional provision, such construction is binding on
all departments of the government, including the legislature."
16 C.J.S. Constitutional Law, s. 1 7 , pp. 63-64. Florida
courts have similarly observed that ". . . it is axiomatic
that a state statute cannot constitutionally alter a prior
court decision interpreting the state constitution."
Sarmiento v. State, 371 So. 2d 1047, 1 051 (Fla. 3d DCA 1979).
In Jennings, the challenge was brought, and the decision
apparently based, on both the state and federal constitutional
provisions guaranteeing due process of law.
If the legislature disagrees with an appellate court decision
interpreting the state constitution, such as that in Jennings,
it has two essential options. It can propose a constitutional
amendment (although in this instance federal constitutional
due process protections would still come into play), or it can
attempt to fashion a statutory scheme to mitigate or
neutralize the effects of the action which the courts have
found to be presumptively prejudicial to exercise of the
constitutional right in question.
As to the matter at issue, the legislature might, for example,
enact a statutory procedure requiring full and timely
disclosure and notice of ex parte communications received by
county and municipal governing body members in quasi-judicial
matters, along with a requirement that the content of such
communications be timely placed in the record of the
proceedings prior to the taking of action. Such a statutory
scheme, if carefully drawn by the legislature and followed in
good faith by local officials, might well allow and persuade
·
'. ,
SPONSOR: Senator Silver and others BILL: sa 438
Page 6
the courts, in a subsequent case, to reverse or modify the
Jennings court's holding as to presumption of prejudice.
It seems equally possible that a county or municipal governing
body, under home rule powers, could adopt by ordinance such a
disclosure scheme, which, if artfully drawn and
conscientiously followed, might also provide the courts in a
future case with a "way out" of the Jennings holding. The
adoption of such a disclosure procedure by ordinance would
appear to be well within the existing home rule powers of
counties and municipalities without the enactment of
authorizing legislation.
However, in the absence of any such good-faith attempt to
address the issues raised by the courts, legislation which
attempts to "reverse" a decision such as Jennings by simply
declaring an opposite conclusion likely would be short-lived
and ultimately of no effect.
This bill goes beyond such a simple declaration by adding the
proviso that prejudice is not to be presumed if the ex parte
communication is disclosed pursuant to the procedure set out
in the bill. It is intended that good-faith commpliance with
this bill's requirements, along with any necessary elaboration
at the local level, will result in mitigation of the effects
of the ex parte communication to the extent that, in a future
case similar to Jennings, a presumption of prejudice may no
longer be deemed by the courts to be necessary in order to
insure and enforce the due process rights of parties to county
and municipal quasi-judicial proceedings.
V. ECONOMIC IMPACT AND FISCAL NOTE:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. TECHNICAL DEFICIENCIES:
None.
VII. RELATED ISSUES:
None.
VIII. AMENDMENTS:
None.
This Senate staff analysis does not reflect the intent or
official position of the bill's sponsor or the Florida Senate.
STORAGE NAME: hOOO5a.ee
DATE: February 8, 1995
HOUSE OF REPRESENTATIVES
COMMITTEE ON
ETHICS AND ELECTIONS
BILL ANALYSIS & ECONOMIC IMPACT STATEMENT
BILL #: HB 0005
RELA TING TO: Access to Local Public Officials (Quasi-Judicial Proceedings)
SPONSOR(S): Rep. Constantine; Rep. Minton and others
STATUTE(S) AFFECTED: creates s. 286.0115, F.S.
COMPANION BILL(S): SB 438
ORIGINA TING COMMITTEE(S)/COMMITTEE(S) OF REFERENCE:
(1 ) ETHICS AND ELECTIONS
(2)
(3)
(4)
(5)
I. SUMMARY:
This bill authorizes ex parte communication with local public officials and declares that such
communication shall not be presumed prejudicial to pending quasi-judicial matters if
disclosure of such communication is made prior to or during the public meeting at which a
vote is taken on such matters. The bill provides that those holding opinions contrary to
those expressed in the ex parte communication are to be afforded a reasonable opportunity
to refute or respond to such communication.
The bill does not have a significant fiscal impact upon state or local government.
-.-/
STANDARD FORM 11/90
·
STORAGE NAME: hOO05a.ee
DATE: February 8, 1995
PAGE 2
II. SUBSTANTIVE ANALYSIS:
A. PRESENT SITUATION:
County and municipal governing bodies are administrative bodies which perform mostly
legislative acts (e.g., adopting annual budgets and millage rates, and adopting
ordinances dealing with a variety of subjects relating to public health, safety, and
welfare.) However, these bodies also perform certain acts which are classified as
quasi-judicial. BLACK'S LAW DICTIONARY defines quasi-judicial as follows:
Quasi-judicial is "[a] term applied to action, discretion, etc., of public administrative
officers or bodies who are required to investigate facts or ascertain the existence of
facts, hold hearings, weigh evidence, and draw conclusions from them, as a basis for
their official action, and to exercise discretion of a judicial nature."
The present controversy involves the ability of local public officials to communicate with
their constituents, particularly when they receive what may be described as ex parte
communications on pending quasi-judicial matters coming before a board or
commission of which an official is a member. BLACK'S LAW DICTIONARY defines ex
parte as "one side only; by or for one party; done for, in behalf of, or on the application
of, one party only." Additionally, a useful description of the meaning of ex parte
communications in the context of administrative proceedings may be found in the
federal Administrative Procedure Act, 5 U.S.C. s. 551(14), which provides in pertinent
part that an ex parte communication is " an oral or written communication not on the
public record with respect to which reasonable prior notice to all parties is not given...."
Two recent court cases related to ex parte communications have placed new
restrictions on county and municipal governing body members in the conduct of quasi-
judicial proceedings and have brought certain rezoning proceedings formerly and
traditionally deemed to be legislative into the quasi-judicial category.
In Jenninas v. Dade County, 589 SO.2d 1337 (Fla. 3rd DCA 1991), rev. denied,
598 So.2d 75 (Fla. 1992), the Florida Supreme Court examined ex parte
communication and held that, although quasi-judicial hearings are not controlled by
strict rules of evidence and procedure, they must provide certain minimum standards of
due process.
In JenninQs, the Third District Court of Appeal reviewed prior case law regarding the
due process effect of an ex parte communication upon a quasi-judicial proceeding.
The Court focused on the nature of ex parte communication and whether it was
material to the point that it prejudiced the complaining party and resulted in a denial of
procedural due process. In Jenninas, the Court created a rebuttable presumption
of prejudice. That is, once prejudicial ex parte communication affecting a quasi-
judicial hearing has been alleged, such prejudice is presumed. The burden then shifts
to the respondent to rebut the presumption that the claimant was prejudiced.
In Board of County Commissioners of Brevard County v. Synder, 627 SO.2d 469 (Fla.
1993), the Florida Supreme Court brought certain types of zoning issue!? under the
category of quasi judicial actions and therefore, subject to the finding in ...enninas
related to ex parte communication received by officials on such matters. In Synder the
Court held that "Rezoning action which entails application of general rule or policy to
specific individuals, interest or activities is quasi-judicial in nature, subject to strict
STANDARD FORM 11/90
STORAGE NAME: hOOO5a.ee
DATE: February 8, 1995 .
PAGE 3
~cr~tiny on cert~orari r~view" and th.at ".Although [a] board is not required to make
fl~dl~gs of f~ct In denYing [an] application of rezoning, upon review by certiorari in the
circUit court It must be shown there was competent substantial evidence presented to
[the] board to support its finding."
As a consequence of Jenninas and Synder, many local public officials have come to
believe that they are not able to communicate in certain instances with the constituents
that they were elected to represent, and, as a consequence, are experiencing
difficulties in the performance of their official duties and responsibilities.
8. EFFECT OF PROPOSED CHANGES:
This bill overturns the presumption of prejudice that was established by the
Jenninas case. It permits discussions on substantive issues, including ex parte
communication, between local public officials and members of the public. The bill
declares that such discussions may not be presumed prejudicial to the action taken by
the board or commission if disclosure of the substance of such communication is made
prior to a vote being taken on the matter.
The bill will allow local public officials to speak with their constituents and read their
mail, consult with experts, and conduct investigations and site visits on pending quasi-
judicial matters. The bill requires disclosure of such communications prior to or
during the public meeting where a vote is to be taken on such matters. Further, it
requires that those holding opposing views be afforded a reasonable opportunity to
refute the substance of such ex parte communications.
The local public officials are not restricted from establishing more restrictive rules
governing public meetings or the contact of local public officials.
C. SECTION-BY-SECTION ANALYSIS:
Section 1. Creates s. 286.0115, F.S.; defines "local public official" to mean any elected
county or municipal official who recommends or takes quasi-judicial action; permits
discussions with local public officials relative to the merits of an issue; declares that ex
parte communications shall not be presumed prejudicial if disclosed; provides
circumstances under which the substance of ex parte communications with local public
officials relating to pending quasi-judicial actions are deemed public information;
provides circumstances under which written communication relating to pending quasi-
judicial action is deemed public information; authorizes circumstances under which local
public officials may receive expert opinions and conduct investigations and site visits
relative to pending quasi-judicial actions; requires local public officials to disclose ex
parte communications received regarding the merits of any pending quasi-judicial
matter; provides for such disclosure prior to or during meeting at which a vote will be
taken; requires that a reasonable opportunity be provided to opponents of opinions
expressed in ex parte communications to refute or respond to such communications;
clarifies that the act's provisions shall not restrict the authority of any board or
commission to establish rules or procedures governing public hearings a,nd contacts
with local public officials.
---/ Section 2. Provides that the act shall take effect upon becoming law.
STANDARD FORM 11/90
STORAGE NAME: hOOO5a.ee
DATE: February 8, 1995
PAGE 4
III. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT:
A. FISCAL IMPACT ON STATE AGENCIES/STATE FUNDS:
1. Non-recurrina Effects:
None
2. Recurrina Effects:
None
3. Lona Run Effects Other Than Normal Growth:
None
4. Total Revenues and Expenditures:
None
B. FISCAL IMPACT ON LOCAL GOVERNMENTS AS A WHOLE:
1. Non-recurrina Effects:
None
2. Recurrina Effects:
None
3. Lona Run Effects Other Than Normal Growth:
None
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
1. Direct Private Sector Costs:
None
2. Direct Private Sector Benefits:
None
3. Effects on Competition, Private Enterprise and Employment Markets:
None
STANDARD FORM 11/90
STORAGE NAME: hOOO5a.ee
DATE: February 8, 1995
PAGE 5
D. FISCAL COMMENTS:
None
IV. CONSEQUENCES OF ARTICLE VII. SECTION 18 OF THE FLORIDA CONSTITUTION:
A. APPLICABILITY OF THE MANDATES PROVISION:
None
B. REDUCTION OF REVENUE RAISING AUTHORITY:
None
C. REDUCTION OF STATE TAX SHARED WITH COUNTIES AND MUNICIPALITIES:
None
V. COMMENTS:
Although the bill permits ex parte communication on quasi-judicial matters if disclosure is
made by the local public official, there are no provisions related to the status of the
situation if no disclosure is made.
The bill does not include members of appointed bodies in its definition of "local public
official". Some of these officials deal with issues which can be classified as quasi-judicial
matters. An example is a local zoning board of adjustment. Presumably those local
appointed officers would still be prohibited from receiving ex parte communications from
citizens regarding pending quasi-judicial matters.
SPONSOR'S STATEMENT OF INTENT
The intent of this bill is to allow local officials to communicate with their constituents on
zoning and other quasi-judicial matters.
FLORIDA LEAGUE OF CITIES' STATEMENT
The Florida League of Cities, Inc., strongly believes that access to locally elected officials is
an integral part of the proper operation of local government. After the JenninQs v. Dade
County decision, the League received numerous contacts from concerned local officials
desiring to know the extent of communications they could have with their constituents. The
local officials also advised the League that their attorneys had given them very complicated,
vague and often unworkable directions on the circumstances under which constituents
could approach them on the merits of matters of interest to the constituent. In addition, the
League has received numerous formal communications from municipalities desiring a
legislative response permitting open and unhindered contact between locally elected
officials and their constituents. For these reasons, the League strongly supports the efforts
of Representative Constantine, Representative Minton and the other legislators attempting
to re-open the lines of communication between locally elected officials and the people the
-..../ officials represent.
STANDARD FORM 11/90
· ,
STORAGE NAME: hOO05a.ee
DATE: February 8, 1995
PAGE 6
THE FLORIDA ASSOCIATION OF COUNTIES' STATEMENT
The ability of the people to have open and frank discussion with their elected leaders is a
hallmark of democracy. Recent court decisions have diminished the ability of elected
officials to hear individually from their constituents. We support legislation to remove court-
imposed restrictions on communications between elected officials and their constituents.
CONSIDERATION OF EX PARTE LEGISLATION BY 1994 LEGISLATURE
HB 5 by Representatives Constantine, Minton, and others, filed for the 1995 Session, is
essentially the ex parte communication bill passed by the House during the 1994 Regular
Session as amended by the Senate. It is identical to the bill filed for Special Session D.
Both the House and Senate considered bills during the 1994 Regular Sessions related to
the issue of ex parte communication with local public officials on quasi-judicial matters.
The Committee on Community Affairs combined a committee bill, HB 2585, and HB 77 by
Rep. Constantine to pass a committee substitute, CS/HB 2585 AND HB 77, which
subsequently passed the House by a vote of 111 to O. The Senate substituted the House
bill in place of its Senate companion, CS/SB 262 by Community Affairs, Sen. Silver and
others, amended it and sent it back to the House by a vote of 36-0. The bill died in House
messages. HB 109-D by Rep. R. Saunders, Constantine and Goode, was filed in Special
Session D. Its introduction was deferred.
VI. AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES:
An amendment was adopted by the Subcommittee on Ethics which adds appointed officials
to the definition of "local public official".
VII. SIGNA TURES:
COMMITTEE ON ETHICS AND ELECTIONS:
Prepared by: Staff Director:
&~~ s..~ ~0-lL ~ (ðrtJd~
Edith S. Dunlap Sarah Jane Bradshaw
STANDARD FORM 11/90
HOUSE AMENDMENT FOR COMMITTEE PURPOSES
Bill No. HB 0005
Amendment No. 1
1 COMMITTEE ACTION
2 y N I Y N
I
ADOPTED _ _I_ I FAILED TO ADOPT __ _I_
I
3 y N I
I
ADOPTED AS AMENDED __ _I_ I WITHDRAWN --
4 I
I
ADOPTED w/o OBJECTION __ I OTHER
5
6
7 Committee hearing bill: Subcommittee on Ethics
8 Rep(s) offered the
9 following amendment:
10
11 Amendment
12 On page..2...., line...5...,
13 strike said line
14
15 and insert: "local public official" means any appointed or
16 elected public official
~
17
18
19
20
.
21
22
23
24
25
26
27
28
29
30
31
~/
Ope Number: 146 COMMITTEE STORAGE NAME: constan1
1
~
-
FLORIDA LEAGUE OF CITIES 1995 LEGISLATIVE PRIORITIES
----------------------------------------------------
Celebrating more than 20 years of Home Rule Authority, the
League supports legislation that strengthens municipal
self-governing powers. The League believes that key governmental
services, such as those provided by municipalities, are best
delivered under a system that leaves each community free to
exercise its responsibilities in a manner best suited to the needs
of its citizens.
The Florida League of cities will support legislation that
provides:
* REVENUE FLEXIBILITY: granting cities increased revenue
flexibility to fund local services and obligations required by its
citizens.
* PUBLIC ACCESS: removing all restrictions, judicial or
otherwise, limiting communications between elected and appointed
officials and their constituents, staff, and others.
* LOCAL GOVERNMENT STUDY COMMISSION: to study city, county and
special district governments' changing responsibilities, resources,
and intergovernmental relationships.
* PETITION INITIATIVES REFORM: limiting the ability of
initiative groups to collect signatures for multiple constitutional
amendment proposals and to limit the collection of such signatures
on a fee basis.
* HOME RULE: protecting the authority of municipalities to
regulate the use of land, to protect the environment and the manage
growth. Further, the League will support remedies that would
maintain the balance between public and private interests while not
resulting in any unfunded mandates.
* REFORM OF ETHICS COMPLAINTS: allowing public officials to
hold fully accountable persons filing frivolous, baseless or
malicious ethics complaints.
* SUNSHINE AND PUBLIC RECORDS EQUITY: requiring any
Government-in-the-Sunshine and Public Records Laws, now or in the
future, to apply equally to the Florida Legislature, state
agencies, and local governments.
* PRESUMPTION LIMITATION: requiring that job-related
disabilities that are claimed from hypertension and/or heart
disease be proven by the weight of evidence.
* CRIMINAL JUSTICE FUNDING: enhancing the ability of cities
and their law enforcement agencies to develop, maintain and
adequately fund local programs to curb the incidence of crime
committed in our cities.
-
-
This reflects the priorities of Florida's municipalities, as
prepared by the six standing policy committees and adopted by the
full membership at the FLC 34th Annual Legislative Conference.
- by Florida League of Cities
. ..
.1.:.
.
~ ... ..
FLOR/I1Z III.. II II
ASSOC/AT/~. II Ii:
COUNT/iiID. . ~
FLORIDA LEAGUE OF CITIES -!!.-
P.O. Box 1757 . Tallahassee, Fl32302-1757 P.O. Box 549. Tallahassee, FL 32302
(904) 222-9684 (904) 224-3148
1995 JOINT LEGISLATIVE POLICY STATEMENT
The Florida Association of Counties and the Florida League of Cities are committed to working
for effective and efficient local government. To meet the continuing demands placed on local
governments, we support the following changes to state laws to broaden or protect local governments'
authority to respond effectively to the needs of our citizens.
Access to Public Officials:
The ability of the people to have open and frank discussions with their elected leaders is a hallmark
of democracy. Recent court decisions have diminished the ability of elected officials to hear individually
from their constituents. We SUPPORT legislation to remove court-imposed restrictions on
communications between elected officials and their constituents.
Unfunded Mandates:
Unfunded mandates are edicts trom the state requiring local officials to provide services without the
state providing adequate funding or funding sources. These unfunded mandates drain the financial
lifeblood of local governments and cripple their ability to serve. We SUPPORT the peoples' decision
when they amended the constitution in 1992 prohibiting unfunded state mandates.
Local Decision-Making (Home Rule):
Local officials, responding to the demands of their constituents, provide most of the public services
people need daily. Local governments must retain the authority to make decisions at home where the level
of government is closest to the people. We SUPPORT continued home rule authority so local
governments can actively respond to the needs of the people.
Criminal Justice Funding:
Protecting the rights and property of law-abiding citizens is the key function of government. Last
year, the state took a giant step forward in fighting the war on crime but the job is unfinished and must
continue. We SUPPORT full funding of the entire criminal justice system - cops, courts and
corrections - so counties and cities can insure swift and sure justice for all citizens.
Private Property Rights:
Local governments' ability to protect the health, safety and welfare of all citizens is often challenged
by our adherence to the protection of private property rights. Finding the common ground between these
competing democratic cornerstones is essential. We SUPPORT judicially acknowledged and
constitutionally protected private property rights and local governments' authority to protect its
citizens. We further SUPPORT reducing the exposure of local governments and taxpayers to greater
financial liability in the guise of private property rights.
·
- -
Impact Fees:
Local governments' ability to collect impact fees to pay for growth has long been established by
the courts. Impact fees allow local governments to provide essential public services and preserve their
home rule authority to adequately control development. We SUPPORT continued authority for local
governments to develop and impose impact fees.
Presumption Limitation:
State action limiting local governments' ability to determine employee benefits will hinder the
delivery of essential services. Eliminating laws which embrace the concept that diseases contracted by
essential employees are job-related will allow local governments to maintain vital citizen services. We
SUPPORT preserving local governments' authority to determine employee benefits and SUPPORT
legislation limiting the presumption that any diseases are job-related.
Agency Rules:
Increasingly, local government's ability to serve the people is bound in state-imposed red tape and
regulation. Aggressive action is needed to curb the growth in agency rulemaking. We SUPPORT
establishing avenues for effecting greater scrutiny of state administrative rules and limiting their
fiscal impact on local taxpayers.
Revenue Flexibility:
The local government tax structure of our state has not been reviewed since the late 1960's. To
meet the continuing demands of its citizens, local governments need flexibility to develop revenue options
as vital community dilemmas arise. Decisions on how to fund services must be created at the local level.
We SUPPORT granting local governments the flexibility to fund services, programs and obligations
as required by their constituents.
Telecommunications:
Communication has been enriched by emerging technologies that often require public expense and
involvement. Local governments collect fees and other revenues through telecommunication and utility
providers to render, maintain and insure access to public rights-of-way and telecommunication and utility
services. Thus, we SUPPORT compensation and protection of local governments' control over the
use of public rights-of-way; providing telecommunications services; and enhancement of revenue
sources to include emerging technologies.
Petition Initiatives Reform:
A citizen's ability to understand complex constitutional proposals is compromised when special
interest groups propose amendments covering multiple subjects. Special interest groups further cheapen
the amendment process by paying fees to collect signatures. We SUPPORT limiting the ability of
initiative groups to collect signatures for multiple constitutional amendment proposals on a single
form. Furthermore, we SUPPORT limiting the collection of such signatures on a fee basis.
Adopted by the Florida League of Cities and the Florida AssocialÙm of Coulllies on January 12, 1995.
· ((!t - f\11 /~
/Y'
2/20/95
WHY FLORIDIANS OPPOSE
PRESIDBNT CLINTON'S PROPOSAL
TO DROP FEDERAL MATCHING FUNDS
TO PRESERVE AMERICA'S BEACHES
A fact sbeet prepared by tbe Florida Shore & Beach Preservation ASBOciation, a
Florida ftleague of cities and countie8n on beach and coastal issues.
THE ISSUE:
In his FY1996 budget proposal to Congress, President Clinton
announced his intention to sponsor legislation this year to
eliminate federal funding and management for beach preservation
projects in the U.S.
Congress authorized this program in 1930. Since then, the U.S.
Army Corps of Engineers has been the lead agency in erosion
control in Florida and the U.S.
The proposed cuts include matching funds for:
* beach restoration and periodic renourishment.
* hurricane and storm damage protection.
* inlet maintenance and sand by-passing to downdrift beaches.
* beach erosion control structures.
IMPACT ON FLORIDA
The federal government currently contributes about 50% of the
cost of beach preservation in Florida -- between $lO million and
$20 million annually.
State and local governments pay the remaining 50%.
Enactment of President Clinton's bill would, at a minimum:
* double state and local costs for beach preservation
overnight.
* require the state DEP to hire a staff of up to 50
professionals and support people to replace the current
staff of the Corps' Jacksonville District who do the bulk of
the technical work on Florida beach and navigation projects.
* contribute to further coastal erosion because of the shut
down of federally-assisted inlet sand bypassing.
* substantially slow Florida's comprehensive beach management
program which is already well behind schedule.
* cause a number of local governments to drop plans for
erosion control projects because of the added cost. (local
matching funds are required for federal beach projects).
'4
A $479 MILLION LONG-'l'BRM IMPACT ON FLORIDA
A 1994 report by the U.S. Army Corps of Engineers shows the
following anticipated long-term spending on authorized beach
preservation projects in Florida.
Projects authorizedl
awaiting start of construction: $179,875,000
Projects in Preconstruction
Engineering Design phase $557,859,000
Total $737,734,000
FEDERAL SHARE OF TOTAL (65%) $479,505,000
TBB PRESIDENT'S BILL WILL AFFECT OTHER TYPES OF PROJECTS
Beach preservation isn't the only target of this bill.
Other important projects that would be eliminated include:
* flood control
* small harbors
* navigation maintenance except at large ports
This would cost Floridians millions more each year. For example,
the President's FY1996 budget request, which would be the last
for flood control and small navigation, includes:
* Florida small navigation $16.5 million
* Florida flood control $14.9 million
ECONOMIC IMPORTANCE OF OUR BBACHBS
Beaches are the #1 attraction for tourists coming to Florida.
* 21.6 million tourists visit our beaches each year.
* They spend $7.9 billion.
-It The "ripple effect" to the economy is $15.4 billion.
* Jobs created are 359,450.
2
BADLY ERODED BEACHES TURN TOURISTS AWAY
In the late 1970's the beaches at Miami Beach were eroded almost
to non-existence. The number of tourists plummeted. The local
economy was depressed.
Then a project was undertaken to renourish the entire l2-mile
stretch of beach to a width of 200 to 300 feet.
The result: Beach attendance, based on lifeguard counts and
aerial surveys, increased from 8 million in 1978 to 21 million in
1983.
BALANCE OF TRADB IMPLICATIONS
Travel and tourism is one of the world's fastest growing
industries.
In 1992, international tourists spent $17 billion in the U.S.
Only agriculture brought in a larger balance of trade surplus for
the U.S. International visitors to Florida contribute more than
one-fifth of this revenue surplus.
* 7 million of Florida's 40 million tourists come from
other countries.
* the 2.3 million Canadian tourists stay in Florida
an average of 21 days each ... spend a total of
$1.6 billion.
RECREATIONAL BBNEFITS OF AMERICA'S BEACHES
Excluding Alaska, the U. S. has 37,000 miles of ocean, estuarine
and Great Lakes shoreline with 2,700 miles experiencing critical
erosion.
Beaches are America's greatest "national park" . .. our most
important outdoors recreational facility.
They are enjoyed annually by more people than all our national
parks together.
The federal government spends $1.5 billion annually to support
our fine national park system but less than $50 million annually
on beach preservation.
Now the President wants to eliminate funding for the nation's
largest and most-utilized public "park" -- our beaches.
The unintended consequence of the President's proposal will be a
further decline in the health of the nation's beach system.
3
FLORIDA'S BEACHES: A RESOURCE FOR ALL AMERICANS
The rationale to eliminate federal funding for beaches is that
beaches are not a national "concern."
The fact is that Americans from all 50 states -- we call them
tourists -- travel to Florida each year to use our beaches.
Beaches, whether they are in Florida, California or New York
really "belong" to all Americans.
CONGRESS HAS A LONG-TERM COMMITMENT ON BEACH PROJBCTS
Federal beach restoration projects include a 50-year commitment
to maintain those projects.
State and local project sponsors must sign a contract to
guarantee matching funds for the life of the project.
Congress has an obligation to pay its share for the life of these
agreements.
BEACH BROSION IS TRULY AN INTBRSTATB PROBLEM,
Beach systems, like rivers, know no political boundaries.
Much of the sand that makes up Florida's beaches today came from
the Appalachian Mountains and the coastal lowlands.
Federal navigation projects in Georgia have an impact on beach
erosion in Florida.
That's why it makes sense for the federal government to be
directly involved in beach preservation projects on a nationwide
basis.
SIX MORE EXAMPLBS PROVING THAT OUR BEACHES AND COASTAL ZONE
CONSTITUTB A NATIONWIDB, IJI'1'BRCOXNBCTBD SYSTEM
Navigation projects impact beaches.
Beaches provide storm and flood protection.
Most coastal structures need beaches for full functionality.
Beach sediments affect navigation channels.
Barrier islands (beaches) shelter intracoastal navigation,
marshes and wetlands.
Coastal processes and impacts cross political and watershed
boundaries.
4
PURTHBR COST IMPLICATIONS
Since 1930, the Army Corps of Engineers has been the primary
agency of beach preservation in Florida and the U.S.
The Corps does the initial feasibility study, the engineering
design and construction supervision of most beach projects. To
carry out this highly-technical responsibility, the Corps has
assembled a staff of experienced professionals in its
Jacksonville and Mobile districts.
The Jacksonville District alone has assigned a staff of 50
professionals and support people to plan and implement beach and
navigation projects in Florida. The staff includes coastal
engineers, planners, biologists, geologists and economists. They
are involved in such functions as:
* coastal surveys and sand search studies
* reconnaissance studies
* environmental studies
* feasibility planning
* engineering design
* construction supervision
* post project monitoring
If the Corps is suddenly out of the picture, Florida DEP would
have to recruit and train a similar staff of experts at
considerable added cost.
WHO WILL TAKE UP THE SLACK ON COASTAL RESEARCH?
Most of the applied research and design tools for shore
protection in the United States is done by the Corps' Coastal
Engineering Research Center.
This vital research is aimed at discovering better and cheaper
ways to cope with beach erosion, flooding and other water-related
problems.
The CERC facility at Vicksburg, MS has a staff of l60 scientists
and professionals.
If the Corps is stripped of its beach preservation mission, who
will assume the responsibility for this vital research?
Neither Florida nor any other state can afford to duplicate the
research done by CERC.
5
·
THIS BILL WILL INCREASE OUR VULNERABILITY TO HURRICANES
More people have been killed by hurricanes in the U.S. than all
other natural disasters combined. Hurricanes are also the
leading cause of property damage from disasters.
Yet the President's bill proposes to end two of the most
important public works programs aimed at reducing deaths from
coastal flooding -- flood control projects and beach shore
protection projects.
The federal government is the major provider of emergency relief
funds. If coastal flooding is not prevented, the federal
government pays. It's a case of "pay a little now for protection
or lot later in disaster relief."
Inevitably, the greater risk to life and property in coastal
states will mean higher insurance costs for public and private
property.
THIS BILL WILL HURT SEA TURTLE PROTECTION
Florida's beaches are the nation's largest nesting ground for
threatened and endangered sea turtles.
Sea turtles require wide sandy beaches to lay their eggs.
Any reduction in beach preservation programs will make it more
difficult for sea turtles to survive.
Prepared by:
Florida Shore « Beach Preservation Association
864 East Park Avenue
Tallahassee, FL 32301
(904) 222-7677
(904) 561-1172 (fax)
6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~. A . - MEETING OF MARCH 7 , 1995
FINAL PLAT APPROVAL/KEYSTONE CREATIONS
DATE: MARCH 3, 1995
This is before the Commission to approve the final boundary plat
for Keystone Creations. The proj ect is a monument and stone
cutting operation on a .81 acre parcel of land located on the
east side of N.W. 18th Avenue, north of Don Francisco Way (N.W.
1st Street) .
On February 21, 1995, the Commission approved an 18 month
extension of the conditional use and site plan approvals for
Keystone Creations, subject to the applicant meeting certain time
frames with respect to the proj ect' s development. The first
deadline is that the plat be approved and recorded by May 1,
1995.
Review by the Planning and Zoning Board is not required.
Recommend approval of the final plat for Keystone Creations,
subject to the condition that a financial guarantee to cover the
required public improvements be submitted prior to release of the
plat for recording.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D~ T. HARDEN, CITY MANAGER
á~ ~~~
THRU: DI NE DOMINGUEZ, .
DI CTOR F PL NNING' ZO NG
FROM:
SUBJECT: MEETING OF MARCH 7, 1995
FINAL BOUNDARY PLAT FOR KEYSTONE CREATIONS
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final boundary plat associated with
Keystone Creations, a monument and stone cutting facility.
The project is located on the east side of N.W. 18th
Avenue, north of Don Francisco Way (N.W. 1st street).
B A C K G R 0 U N D:
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.
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 for the approval of Keystone Creations was
the filing of a boundary plat. The plat for Keystone Creations
was submitted in April, 1994. After review, the only
outstanding item is the submission of a financial guarantee to
cover required water and sewer mains.
None of the required improvements associated with Keystone
Creations have been installed, and site plan approval was due
to expire on March 28, 1995. However, the City Commission
approved an eighteen month extension of Keystone Creations'
conditional use and site plan on February 21, 1995.
A condition of the extensions is that the plat be approved and
recorded by May 1, 1995. Approval of the plat at this time will
help to ensure that the schedule is maintained.
-
City Commission Documentation
Keystone Creations - Final Boundary Plat
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
As this action involves a boundary plat that is delineating one
parcel, review by the Planning and Zoning Board is not required.
R E COM MEN D E D ACT ION:
By motion, approve the the final boundary plat for Keystone
Creations, subject to the following condition:
* That prior to releasing the plat for recordation, a
financial guarantee be submitted to cover the required
public improvements.
Attachment:
* Location Map & Reduced Plat
T:KYSTONCC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER lfI11
SUBJECT: AGENDA ITEM # g. ß· - MEETING OF MARCH 7, 1995
LANDSCAPE WAIVERS/COTRAN SATELLITE BUS FACILITY
DATE: MARCH 3, 1995
This is before the Commission to approve waivers to the Land
Development Regulations for interior landscape requirements in
conjunction with the development of the CoTran satellite bus
facility located at the northwest corner of Congress Avenue and
N.W. 1st Street.
In order to accommodate the parking spaces and turning movements
for the buses, waivers are requested for the parking lot area
from Sections 4.6.16(H) (3) (j) (k) which deal with interior land-
scape requirements. These sections provide for terminal land-
scape islands at the end 0 f each parking row and for five-foot
landscape strips between parking tiers.
The elimination of the terminal landscape islands in two loca-
tions will provide a better turning area for the vehicles.
Elimination of the five-foot landscape strip between the parking
tiers is requested to allow the buses to make forward movements
versus backing movements. Additional landscaped areas have been
provided to the exterior of the site to compensate for the
elimination of the interior landscaped areas.
The Site Plan Review and Appearance Board formally reviewed this
item at its meeting of February 22, 1995 and recommended approval
of the waiver requests by a 6-0 vote.
Recommend approval of a waiver to LDR Section 4.6.16 (H) (3) (j) to
eliminate a portion of two terminal landscape islands, and a
waiver to LDR Section 4.6.16 (H) (3) (k) to eliminate the required
five-foot landscape strip between the parking tiers in the bus
parking area only, based on positive findings.
~ on {I~
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~
DIRECTOR OF PLANNING ZING
FROM: ~K~ANNER
SUBJECT: MEETING OF MARCH 7, 1995
CONSIDERATION OF WAIVERS TO INTERIOR LANDSCAPE
REQUIREMENTS [SECTIONS 4.6.16(H)(3)(i) & ( k) ] FOR
THE COTRAN SATELLITE BUS FACILITY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qrantinq a waiver of interior landscape requirements
in conjunction with the development of the CoTran satellite
bus facility. The development is located on the west side
of Congress Avenue, north of NW 1st Street.
This waiver request is being processed pursuant to LDR
Section 4.6.16(C)(2), Compliance and Relief.
B A C K G R 0 U N D:
This project involves the plan for construction of the CoTran
satellite bus facility which was granted Conditional Use
approval on July 19, 1994. The parking area for the buses will
accommodate 67 bus parking spaces, and was specifically designed
to accommodate the best maneuverability and turning movements
for the buses. In order to accommodate the above, waivers have
been requested from Section 4.6.16(H)(3){j) & (k) , which deal
with interior landscape requirements. The waivers are for the
bus parking lot area only. Section 4.6.16{H){3)(j) states that
terminal landscape islands shall be provided at the end of each
parking row, and Section 4.6.16(H)(3)(k) states that a 5 '
landscape strip shall be provided between parking tiers.
A portion of the terminal landscape island has not been provided
in two locations at the ends of the parking rows (see attached
site plan). The elimination of the islands in these areas was
in response to providing better turning radii for the buses.
The elimination of the required 5' landscape strip between the
parking tiers is requested to allow the buses to make forward
..
movements versus backing-up movements, thereby eliminating
potential traffic accidents. Additional landscaped areas have
however been provided to the exterior of the site to compensate
for the elimination of these interior landscaped areas.
R E QUI RED FIN DIN G S:
Prior to granting a waiver, the granting body shall make a
finding that the granting of the waiver:
A) Shall not adversely affect the neighboring area.
The bus parking lot is interior to the site and is buffered
by heavy perimeter landscaping. Thus, the granting of the
waiver will not adversely affect the neighboring area.
B) Shall not significantly diminish the provision of public
facilities.
The waivers involve landscape requirements and do not
affect the provisions of public services.
C) Shall not create an unsafe situation.
The elimination of the terminal landscape islands and 5'
landscape strip are intended to improve on site
circulation, and create a safer vehicular environment for
the buses.
D) Does not result in a grant of a special privilege in that
the same waiver would be granted under similar
circumstances on other property for another applicant or
owner.
The elimination of these landscape areas is to accommodate
maneuverability of larger vehicles, and would not be
applicable to other properties. Thus, it will not result
in a grant of a special privileges.
SITE PLAN REVIEW AND APPEARANCE BOARD:
The Site Plan Review and Appearance Board formally reviewed this
item at its meeting of February 22, 1995, and recommended to the
City Commission approval of the waiver requests from LDR Section
4.6.16(H)(3)(j) & (k) on a 6-0 vote.
R E COM MEN D E D ACT ION:
By motion, grant a waiver to LDR Section 4.6.16(H)(3)(j)
to eliminate a portion of two terminal landscape islands; and a
waiver from Section 4.6.16(H)(3)(K) to eliminate the required 5'
landscape strip between the parking tiers in the bus parking
area only.
Attachment:
* Landscape Plan
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[IT' DF DELRA' IEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F LOR I D A
...... MEMORANDUM
AI~America City
, III r! DATE: February 27, 1995
1993 TO: David T. Harden~ity Mana~
;;...-,~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to Interlocal Agreement between the City and the Town of
Gulfstream regarding emergency medical transport
Attached is an amendment to the Interlocal Service Agreement between the City and the
Town of Gulfstream incorporating emergency medical transport into the existing agreement
which provides for fire and rescue service. This amendment will enable the residents of
Gulfstream to receive the same type of service that the residents of Delray Beach receive.
There is no change in the contract price because the individual residents of the Town of
Gulfstream will pay for the emergency transport services when the services are used by the
Town resident. We have also included a hold harmless clause to protect the City from any
liability caused by the Town of Gulfstream.
I have spoken with Scott Harrington and he has informed me that this amendment is
acceptable to the Town of Gulf stream. He also stated that he would like to be notified as to
when this amendment will be put on our City Commission Agenda.
If this amendment meets with your approval please schedule it for the City Commission
Agenda.
Please call if you have any questions. r...J
~j).0ßpPP
Susan A. Ruby, City Attorney
cc: AP·bJ1
Robert B. Rehr, Fire Chief
tpq, tP\
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emtran.rbs Lf)·~ )
® Printed on Recycled Paper ?'G
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-
AMENDMENT TO THE INTERLOCAL SERVICE AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH
AND THE TOWN OF GULF STREAM
\
This Amendment to the Interlocal Service Agreement dated July 13, 1992 is
hereby entered into this _ day of , 1995, by and between the City
of Del ray Beach, Florida, (the City) and the Town of Gulf Stream (the Town).
WITNESSETH
WHEREAS, the City and Town entered into an InterIocal Service agreement (the
Original Agreement) dated July 13, 1992; and
WHEREAS, the City and Town desire to amend the Original Agreement to
provide that the City will furnish emergency transportation to medical facilities.
NOW, THEREFORE, the City and Town in consideration of the mutual promises
and benefits hereby agree as follows:
1. This amendment to the Original Agreement shall be deemed effective ttom
the above signed date.
2. Paragraph 1, part C of the Original Agreement is hereby deleted and a new
paragraph 1, part C is created to read as follows:
Basic and Advanced Life Support Pre-Hospital Emergency Medical
Services, including Emergency transportation to medical facilities.
3. The City will provide the Town with Emergency Medical Transport
Services under the same terms and conditions as provided to the residents of the City.
The residents of the Town will be responsible for payment of such services under the same
terms and conditions as are residents of the City. The City shall provide Emergency
Medical Transport Services for the Town as long.as the City possesses a Certificate of
· . ee
-
Public Convenience and Necessity. If the City no longer possesses a valid Certificate of
Public Convenience and Necessity it shall cease to provide Emergency Medical Transport
\
\
Services to the Town.
4. The City, its officials, agents, or employees shall not be deemed to assume
any liability for acts, omissions, or negligence of the Town, its employees, agents or
officials. In consideration of the payment of Ten Dollars ($10.00), receipt of which is
hereby acknowledged, the Town shall hold the City harmless and shall defend them against
,
any claims for damages resulting from acts, omissions or negligence of the Town, its
officials, agents, or employees, subject to the provisions of Florida Statutes Section
768.28. All liability for injury to personnel and for loss of or damage of equipment
incurred in connection with this agreement, or in the performance of services or functions
pursuant thereto, shall be borne by the City or the Town employing such personnel or
owning such equipment.
5. All other terms and conditions set forth in the Original Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this amendment to the
Agreement dated July 13, 1992, to be signed by its duly authorized officers on this _
day of , 1995.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
City Clerk Mayor
Approved as to form:
City Attorney
·~ - . '
ATTEST: TOWN OF GULF STREAM
Town Clerk Mayor
intamd.agt
..
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT ~~
THROUGH: LULA BUTLER, DIRECTOR,
" J
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR J¡ .. )
RE: MAINTENANCE MEMORANDUM OF AGREEMENT - WEST ATLANTIC AVENUE
FDOT REQUIREMENT
DATE: FEBRUARY 15, 1995
ITEM BEFORE THE COMMISSION
- -
Approval of the Maintenance Memorandum of Agreement required by the Florida
Department of Transportation in connection with the West Atlantic Avenue
Beautification project. This agreement is the mechanism through which the
City obtains approval for installation of plant materials within the FDOT
right-of-way. It also states the City's commitment to maintain these areas
and FDOT's commitment to reimburse the City $92,000.00 upon completion of
the project.
BACKGROUND
This item had been scheduled for the February 7, 1995 City Commission
meeting, but was pulled to address comments from the Susan Ruby and Dan
Beatty, City Engineer. The document has been revised to incorporate all
suggested changes.
RECOMMENDATION
Staff recommends approval of the Maintenance Memorandum of Agreement with
the Florida Department of Transportation for West Atlantic Avenue, State
Road # 806 from Mile Post 5.150 to Mile Post 6.281.
~~
V- ~/'l/96
.."
<¡·D,
~ DEPARTMENT OF TRANSPORTATION
-
1A~ CIIllZS - 61:r, G. WAtTS
-
GOVEIIJ'IOR -- SECRf:TAKY
-
- DISTRICT MAINTENANCE - DISTRICT 4
--=
"'P" 3400 We.t Commercial Boulevard, Fort Lauderdale, Florida 33309-3421
Telephone: (305) 777-4202 Fax: (305) 777-42.23
February 8, 1995
Mr. David T. Harden
City Manager
100 Northwest First Avenue
Defray Beach, Florida 33444
Dear Mr. Harden:
Re: Palm Beach County Roadway Beautification Grant
The revised landscape plans for West Atlantic Avenue have been reviewed. They now meet the
Department's standards with the exception of two minor changes that I discussed with Rob Codeur.
He assured me that they would be implemented in the construction phase.
Enclosed is the Maintenance Memorandum of Agreement that needs to be executed by the City and
returned to me. Upon execution by the Department, one copy will be returned to you for your
records along with a notice to proceed.
If you have any questions, please call me. Thank you.
Sincerely,
~~jc
Landscape Architect
District 4
CBH:b
Enclosure
cc: Joe Yesbeck, Plans and Programming
Elizabeth Miller, Beautiful Palm Beaches
a:\Higgins\\pbcbeaut.cbh
RECYCLED PAPER *
.. ,
DISftICT FOOR (4)
HIGBWAY.BBAUTII'ICA'1'ION GRAN'1' AND
DDrrBHANCB IŒKORANDUM 01' AGRBEKBN'l'
DSI'
THIS AGRBBHBN'l', made and entered into this day of
19 _, by and between the S'1'A'1'B 01' FLORIDA DBPAR'l'JŒN'l' 01'
'rRDS:PO.'1'A'1'ION, a component ageIicy of the State of Florida, ./
hereinafter called the -DBPARTMENT- and the City of Delray Beach,
a political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the - City - .
WITNBSSBTH
~, as a part of the continual updating of the State of
Florida Highway System, the Depart!l'lent, for the purpose of safety,
protection of the investment and other reasons, has constructed and
does maintain lane ( six (6) ) highway facilities as
described in Exhiþit -A- attached hereto and incorporated by
reference herein, within the corporate limits of the City___ and
WBERBAS, the City is of the opinion that said highway
facilities that çontain landscape median and utility stripes shall
be maintained by periodic trimming. cutting. mowing. fertilizing.
littèr pick-~ and necessa~ re-Dlanting.
WBERBAS , the parties hereto mutually recognize the need for
entering into an Agreement designating and setting forth the
responsibilities of each party; and
WBERBAS, the City 9£ Delray Beach by Resolution No. 46-94
_dated June 7. , 1994, attached hereto and by this reference
made a part hereof, . desires to enter into this Agreement and
authorizes its officers to do so.
IIOW 'J.'HBRBI'ORB, for and in consideration of the mutual benefits
to flow each to the other, the parties covenant and agree as
follows:
.... The City hereby agrees to install or caused to be install
landsc~ing on the highway facilities as specified in plans
and specifications included as Exhibit "B" with the following
- - exceptions:
The City , agrees to maintain the
landscaping. following the Department's landscape cruidelines.
safety and plant care. The City's responsibility for maintenance
shall include all landscap~/turfed areas and areas covered with
interlocking pavers or similar type surfacing (hardscape) on
Department of Trans~ortation right-of-way within the limits of the
project. Such maintenance to be provided by the City is specificallY
set out as follows:
To maintqin. which means that prqper watering and proper
fertilization of all plants and keeping tbem as free as practicable
from disease and harmful insects: to propèrlymulch the 9lant beds:
~okeep the premises free of weeds: to mow aQd/or cut the grass to
a pro~er length: to "prQ~erlyprune all plants which includes (1)
removinq dead or diseased parts of plants. or (2) pruninq such
parts thereof whichpre~ent qvisual hazard for those usinq the
roadway. To' maintain also means "removing or replacing dead or ./
diseased plants in their ent~rety. or removing or replacing those
that fall below original pro;ect ~tandards. "All plants removed for
whatever reason shall ber~placed by plants of the same grade as
specified in the original plans and specifications and of a size
c~arable to those existing at the time ~~roval is obtained from
the" Department' s District . S~cretaz:y for· the use of alternate
material or deleti9I1s. To maintain also means to keep the
hardscape areas free from weeds and replac~ent of any areas
becominq in disrepair só as to cause a safety hazard. To maintain
also means to ke~p· litter removed from the median strip or
landscaped areas within the said project. PlaX}ts shall be those
items which would be scientifically. classified as plants and
include but are not limited to trees. qrass. or shrubs.
The above named functions to be performed by the _City____, shall
be subject to periodic inspections by the Department. Such
inspection findings wi~l be shared with the_City___ and shall be
the basis of all decisions regarding, payment reduction, reworking
or agreement termination. The City shall not change or deviate
fram said plans without written approval of the Department.
2. If at any time after the City has
assumed the landscaping installation and/or maintenance
responsibility above-mentioned, it shall come to the attention
of the Department's District Secretary that the limits or a
part thereof is not properly maintained pursuant to the terms
of this Agreement, said District Secretary may at his option
issue a written notice that a deficiency or deficiencies
exist(s), by sending a certified letter in care of The
City Manaqer , to place said _City___"on notice
thereof. Thereafter the City shall have a
period of thirty (3D) calendar days within which to correct
the cited deficiencies. If said deficiencies are not
corrected within this time period, the Department may at its
option, proceed as follows:
(a) Complete the installation or a part thereof, with
Department or Contractor's personnel and deduct the cost
of such work from the final payment for said work or part
thereof, or
(b) Maintain the landscaping or a part thereof, within
Department or Contractor's personnel and invoice the Town
for expenses incurred, or
2
.
(c) Terminate Agreement in accordance with Paragraph 4 of
this Agreement and remove, by Department or private
contractor's personnel, all of the landscaping installed
under this Agreement or any preceding agreements except
as to Trees and Palms and charge the _City
the reasonable cost of such removal.
3. It is understood between the parties hereto that the
landscaping covered by this Agreement may be removed,
relocated or adjusted at any time in the future as determined
to be necessary by the Department in order that the adjacent
state road be widened, altered or otherwise changed to meet
with future criteria or planning of the Department. The
D~'Dartment shall give the City sixty (60) calendar days notice
to remove said landscaping after which time the Department may
remove same. Failure·· to provide notice of removal shall
constitute a breach of this agreement.
4. The Department agrees to pay to the_City a
amount not to exceed $92,000 as defined in Attachment "C".
Subject to this limit, the Department will pay only for those costs
which area'allowed by Section 339.24 Florida Statutes:
(a) Sprinkler/irrigation system
(b) Plant materials and fertilizers/soil amendments.
(c) Paver bricks & other hardscape items.
The Department's participation in the project cost, as described in
Attachment "C" is limited to only those items which are directly
related to this proj ect . Payment shall not be made until (1)
certification of acceptance is received from the
_City Landscape Architect/ or designee and (2) a
Department Landscape Architect and/or his designee has approved the
project for final payment.
(a) Payment shall be made only after receipt and approval
of goods and services as provided in Section 215.42,
Florida Statutes.
(b) Any penalty for delay in payment shall be in accordance
with Section 215.422(2) (b), Florida Statutes.
(c) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof, and that bills for
travel expenses specifically authorized by this Agreement
shall be submitted and paid in accordance with the rates
specified in Section 112.061, Florida Statutes.
3
(d) Records of costs incurred under terms of this Agreement
shall be maintained and made available upon request to
the Department at all times during the period of this
Agreement and for three years after final payment is
made. Copies of these documents and records shall be
furnished to the Department upon request. Records of
costs incurred includes the _City general accounting
records, together with supporting documents and records,
of the contractor and all subcontractors performing
work, and all other records of
the contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
(e) The _City agrees to return all monies received
under the terms of this Grant Agreement, to the
Department, should the City fail to maintain the
landscape in accordance with the terms and conditions of
this Agreement.
5. This Agreement may be terminated under any one of the
following conditions:
(a) By the Department, if the _City fails to
perform its duties under Paragraph 2, following ten (10)
days written notice.
(b) By the Department, for refusal by the City to
allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119,
Florida Status and made or received by the City
in conjunction with this Agreement.
6. The term of this Agreement commences upon execution.
7. To the extent permitted by law, the _City shall
indemnify and hold harmless the Department, its officers and
employees from all suits, actions, claims and liability
arising out of the_City's own negligent performance of
the work under this agreement, or due to the failure of the
~ to construct and maintain in the project in conformance
with the standards described in item under 2 of this
agreement. Nothing contained herein shal constitute a waiver
of Soverign Immunity pursant to F.S. 768.28
8. The City may construct additional landscaping
within the limits of the right-of-ways identified as a result
of this document, subject to the following conditions:
(a) Plans for any new landscaping shall be subject to
approval by the Department. The _City shall not
change or deviate from said plans without written
approval by the Department.
4
Cb) All landscaping shall be developed and implemented in
accordance with appropriate state safety and road design
standards;
Cc) The_City agrees to comply with the
requirements of this agreement with regard to any
additional landscaping installed;
Cd) No change will be made in the payment terms established
under Item number four (4) of this agreement due to any
increase in cost to the City resulting
from the installation of-landscaping added under this
item.
9. This writing embodies the entire Agreement and understanding
between the parties hereto and there are no other Agreements
and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and
superseded hereby.
10. The Department, during any fiscal year, shall not expend
money, incur any liability, or enter into any contract which,
by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, an no money may
be paid on such contract. The Department shall require a
statement from the Comptroller of the Department that funds
are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained
shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for
in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which
are for an amount in excess of $25,000, and which have a term
for a period of more than 1 year.
11. The Department's District Secretary shall decide all
questions, difficulties and disputes of any nature whatsoever
that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the
character, quality, amount and value thereof; and his decision
upon all claims, questions and disputes shall be final and
conclusive upon the parties hereto.
12. This Agreement may not be assigned or transferred by the
City , in while or part without consent
of the Department.
13. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. In the
5
event of a conflict between any portion of the contract and
Florida law, the laws of Florida shall prevail.
IN WITNESS WHBREOP, the parties hereto have caused these
presents to be executed the day and year first above written.
STATB OF FLORIDA
DBPARTMENT OF TRANSPORTATION
BY:
DOT Approval as to Date District Secretary
Por.m and Legality
A'1'TBST: (SEAL)
Bxecutive Secretary
BY:
Mayor or Chairman
ATTBST: (SEAL)
City Clerk
6
JOB NO.
WPI' (8) 4118807
COUNTY Palm Beach
S.R. NO. 806CAtlantic
Avenue)
EXHIBIT RAR
LOCATION
S.R. 806, Atlantic Avunue from M.P. 5.150 to M.P. 6.281
NOTE: Mileposts (MP) are obtained from Department of
Transportation Straight Line Diagrams.
7
JOB NO.
WPI NO. 4118807
COUNTY Palm Beach
SR NO. 806 (Atlantic
Avenue)
EXHIBIT -B-
The Department agrees to reimburse the City the following
list of materials:
Please see attached plans
8
WPI NO. 4118807
-
JOB NO.
COUNTY Palm Beach
SR. NO. 806 (Atlantic
Avenue)
A'rTACBJŒ:NT ·C·
( GENERAL)
PROJECT COST
This exhibit forms an integral part of the Highway Beautification
Grant Agreement between the State of Florida, Department of
Transportation and the City of Delray Beach
dated
I. PROJECT COST: $ 277,000.00
City of Delray Beach $ 185,000.00
Department of Transportation 92,000.00
TOTAL $ 277,000.00
9
, ,
( )
-
RESOLUTION NO. 46-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR
FUNDING THROUGH PALM BEACH COUNTY'S 1994/1995 STATE AND
COUNTY ROADWAY BEAUTIFICATION GRANT PROGRAM.
WHEREAS, the portion of West Atlantic Avenue between CSX
Railroad and Military Trail is currently under construction, and is
scheduled to be completed by December 1994¡ and
WHEREAS, the City Commission of the City of Delray Beach, on
behalf of the citizens of Delray Beach, desires to beautify -the roadway
medians by installing irrigation and landscaping once the road widening is
completed¡ and
WHEREAS, Beautiful Palm Beaches, Inc., at the direction of the
Metropolitan Planning Organization and the Palm Beach County Board of
County Commissioners, initiated a grant program known as Palm Beach
County's 1994/1995 State and County Roadway Beautification Grant program¡
and
WHEREAS, the City Commission of the City of Delray Beach desires
to apply for grant funds in order to obtain funds to assist in the payment
of costs for the median improvements¡ and
WHEREAS, the City Commission of the City of Delray Beach
authorizes the City Manager or his authorized designee to apply for the
. said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby authorizes the City Manager to apply for the Palm
Beach County 1994/1995 State and County Roadway Beautification Grant
through Beautiful Palm Beaches, Inc. .
Section 2. That the City Clerk of the City of Delray Beach is
hereby directed to send copies of this resolution to Beautiful Palm
Beaches, Inc., and all other persons as directed by the City Commission.
PASSED AND ADOPTED in regular session on this the 7th day of
June, 1994. ~~
ATTEST~ ~Jv p f./n;f¡;¡
City~erk r
'-~
- . .
,
" Aqenda I tem No..
,
''-GENOA REQueST
D t 2/27/95
a e:
Request to be placed on:'
X . Regular A<Jenda Special A<Jenda Workshop Aqenda
When: 3/7 /95
Uescription of agenda item (who, what, where, how much).
Approval for the Maintenance Memorandum of Agreement required by the Fl Dept of '
Transportation for West Atlantic Avenue Beautification Project
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Approval
.
.
Department lIead Siqnature. ~ m ---==. ~
De term 1 na tIon 0 f Co n si 6 te ncy - ~ l-th Co ~reb end ;e-;1&0,
City A ttorney Rev iew/ Recommenda tion (if appl icable) . .
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available. YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manaqer Review:
Approved for agenda: 4· NO z;J'0f
Hold Until: ~ .
Agenda Coordinator Review:
Received: ·
Action: Approved/Disapproved
-
M E M 0 RAN D U M
TO: Susan A. Ruby, City Attorney
Joe Weldon, Director of Parks and Recreation
Joe Safford, Director of Finance
Bill Greenwood, Director of Environmental Services
FROM: Alison MacGregor Harty, City Clerk
SUBJECT: ~m:,nt . W,i;'h FDOT/West
. 0 M1l1t ry)
DATE: January 31, 1995
-------------------------------------------------------------------
-------------------------------------------------------------------
Attached for your information and review is a copy of the proposed
Maintenance Memorandum of Agreement between the City and FDOT
relative to the West Atlantic Avenue bea ification project
(betwee,n t Trªi l) . '.
a
If you have any comments, please let me know by the end of the day
on Thursday, February 2, 1995.
Thank you for your cooperation.
/'
AMH/m (jtµ
Attachment
J]J¿~ DÎ~#
11 0~·~ f00 f
¥> ~E,q VÙ \ èA ..r-
.\0 0P~c&Þ ~ t·~·
- Lula Butler, copy letter to City Manager
= DEPARTMENT OF TRANSPORTATION
lAWfO/'I CIIIILS - 81':" Q. WATTS
-
GOVl':RI'IOR -- Sl:CJIl:TAKY
-
- DISTRICf MAINTENANCE - DISTRICf 4
--
Y 3400 We,t Commerci.J BoulevarJ, Port LauJe.J..le, F1oricL. 33309-3421
Telephone: (305) 777-4202 p"", (305) 777-4223
January 24, 1995 RECEIVED
JAN 2 6 1995
Mr. David T. Harden CITY M¡\" -. , ncç~r~
City Manager
100 Northwest First Avenue
Defray Beach, Florida 33444
Dear Mr. Harden:
Re: Palm Beach County Roadway Beautification Grant
The revised landscape plans for West Atlantic Boulevard have been reviewed. They now meet the
Department's standards with the exception of two minor changes that I discussed with Rob Cotleur.
He assured me that they would be implemented in the construction phase.
Enclosed is the Maintenance Memorandum of Agreement that needs to be executed by the City and
returned to me. Upon execution by the Department, one copy will be returned to you for your
records along with a notice to proceed.
If you have any questions, please call me. Thank you.
Sincerely,
~h··
Carl B. 'ggms,~
Landscape Architect
District 4
CBH:b
Enclosure
cc: Joe Yesbeck, Plans and Programming
Elizabeth Miller, Beautiful Palm Beaches
"
a:\Higgins\ Ipbcbcaut.cbh
RECYCLED PAPER *
. ,
. "- .r DI\
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"
,
£ITY DF DELRRY BEA£H (
CITY ATTORNEY'S OFFICE 300 W ATIANTlC AVENUE' DELRA Y BEACH, FLORIDA 33444
TELEPHONE 4071243-7823 . FACSIMILE 4071243-7816
POLICE LEGAL ADVISOR
MEMORANDUM
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: February 28, 1995
SUBJECT: NCIC/FCIC USER AGREEMENT
------------------------------------------------------------------------
------------------------------------------------------------------------
Enclosed for your consideration to place on the consent agenda is
a copy of the NCIC/FCIC User Agreement with the Florida Department of
Law Enforcement. The agreement will continue to allow us to access
criminal information from state and federal records.
The new agreement will allow us to execute other agreements to
share information on juveniles with appropriate school personnel as
needed. This will increase our effectiveness in dealing with juvenile
crime by allowing school officials to know which students are committing
crimes.
The agreement will not cost anything as we already have the
existing equipment to carry out the terms. Also, no additional
liability will be attached as the Liability and Accountability sections
guarantee all the protections granted under F.S. 768.28.
Please feel free to contact me if I can be of further assistance
in this matter.
EDH:lbg ~{ rt'
xc: Susan Ruby, City Attorney
Chief Richard G. Overman
Michael Wright, Director of Support Services
~ Un (l~~
g.£
.'~ .
.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
EXCHANGE OF CRIMINAL HISTORY RECORD INFORMATION
USER AGREEMENT
This AGREEMENT, entered into this day of
, 19 , between the FLORIDA DEPARTMENT OF LAW
-
ENFORCEMENT (hereinafter "FDLE") and the
(hereinafter the "USER") witnesseth that:
FDLE is an agency of the State of Florida, established by law (Section
20.201 and Chapter 943, F.S.) and invested with power and authority to
establish intrastate systems of fingerprint analysis and identification
(Subsection 943.05(2), F.S. ) and intrastate systems of communication of
vital statistics and information relating to crimes, criminals and
criminal activity (Subsection 943.05(2)(b), F.S.);
FDLE has received criminal justice information systems funding from the
Law Enforcement Assistance Administration of the United States
Department of Justice and is subject to and must, therefore, demand that
the intrastate users of its criminal history record services likewise
adhere to federal regulations relating to the collection, handling, and
dissemination of state criminal history records and information derived
therefrom (Chapter 11C, F.A.C.; Chapter 1, Title 28, Part 20B, C.F.R.);
FDLE is authorized by law (Subsections 943.03(5) and 943.05(2)(b), F.S. )
to enter into agreements and become part of federal and intrastate
systems for the collection and exchange of criminal history records and
other information relating to crimes, criminals and criminal activity;
FDLE is a participant in the National Crime Information Center (NCIC) of
the Federal Bureau of investigation, United States Department of
Justice, and otherwise, exchanges criminal history record information
with the Federal Bureau of Investigation pursuant to the above state
statutes and subject to federal regulations (Chapter 1, Title 28, Part
20C, C.F.R.) and laws (Sec. 201 of Publ. Law 92-544, 86 State. 1115 ; 28
U.S.C. 534) . As such, FDLE must enforce and demand that its user
agencies comply with pertinent federal provisions relating to the
collection, use, and dissemination of records and record information
derived from the systems of the United States Department of Justice;
USER (or a subdivision of USER, to wit:
)
is a duly authorized law enforcement or criminal justice agency within
the State of Florida and desires the services of FDLE in order to carry
out functions associated with criminal justice administration, and FDLE
is required and willing to provide such services so long as all
applicable federal and state laws, rules and regulations are strictly
complied with;
Now, therefore, in light of the foregoing representations and the
promises, conditions, terms, and other valuable considerations more
fully set forth hereinafter or incorporated by reference and made a part
hereof, the FDLE and USER do mutually agree as follows:
1) FDLE AGREES TO:
a) Act as the central state repository, providing
identification, recordkeeping, and exchange of criminal
history record information services;
b) Provide USER with such state criminal history records and
information for criminal justice purposes as may be
contained in its systems and legally available to the USER;
c) Act as an intermediary between USER and the United States
Department of Justice in securing, for the use and benefit
of USER, such federal and multistate criminal history
records or information as may be available to USER under
federal laws and regulations;
d) Upon request, assist USER in its staff orientation to the
privacy and security requirements imposed by present and
proposed state and federal laws, rules and regulations;
e) Provide USER with an identification Manual setting out and
explaining appropriate procedures for completing fingerprint
cards, disposition reports and otherwise, advising the USER
of services available.
f) Provide state criminal history records check services for
non-criminal justice purpose in accordance with provisions
of Chapter llC-G, F.A.C.
2) USER AGREES TO:
a) Except as otherwise provided for by rules of FDLE, submit to
FDLE, for inclusion in criminal history records information systems,
adult and juvenile criminal fingerprint cards on all felony arrests,
adult criminal fingerprint cards on misdemeanor arrests as specified at
Section 943.051(3)(b), F.S.;
b) Establish a mechanism for the collection and submission of
disposition data on criminal arrests (pretrial dispositions, trials,
sentencing, confinement, parole and probation) to FDLE for inclusion in
the centralized criminal history record information system in accordance
with rules of the FDLE. Rule llC-4.06, F .A.C.;
c) Provide security for criminal history record information and
systems in accordance with applicable laws, rules, and regulations and
indoctrinate personnel who receive, handle or have access to criminal
history record information;
2
·
d) Screen all personnel who will have direct access to criminal
history record information and reject for employment (or take
appropriate disciplinary action against) such personnel who have
violated or appear unwilling or incapable of abiding by the security
requirements established for the collection, storage, or dissemination
of criminal history record information;
e) Disseminate criminal history record information derived from
federal records or systems only to criminal justice agencies and only
for criminal justice purposes. Criminal justice purposes include
criminal justice employment screening;
f) Except as provided for in paragraph k and m, below,
disseminate criminal history record information derived from state
records or systems only to criminal justice agencies and only for
criminal justice purposes. Otherwise, the USER will direct requests to
FDLE whenever state criminal history record information is sought for
purposes such as licensing, permitting, local ordinance registration,
non-criminal employment and similar purposes;
g) Query the Central State Repository (FCIC) prior to
disseminating any criminal history record information to insure that the
information is up-to-date. If time is critical, this requirement is
excused;
h) Maintain a record of any dissemination of state or federal
criminal history record information. This record will reflect as a
minimum; (1) date of release; (2) to whom the information relates; (3)
to whom the information was released; (4) the state Identification (SID)
and/or the FBI number(s); and (5 ) the purpose for which the information
was requested;
i) Provide access to their records of dissemination and assist
in conducting prescribed audits;
j) Establish policies and procedures governing the
dissemination of information reflected in USER's own original records to
non-criminal justice individuals or agencies for purposes of licensing,
permitting, registration, employment, school safety, etc. ;
k) Assist individuals and cooperate with FDLE regarding
requests for personal review or correction of the individual's own
criminal history record; if a minor, the assistance and cooperation
should be provided to the parents or legal guardian of the minor;
1 Defer to FDLE on any determination as to what purposes
qualify for criminal justice versus non-criminal justices designation;
m) Pursuant to a signed interagency agreement authorizing the
sharing of criminal history information as outlined in 39.045(5), F.S.,
the agency may share state criminal history records information with
appropriate school personnel on an as-needed basis. Dissemination of
information should be documented using established secondary
dissemination procedures and should be in accordance with s. 943.0525,
3
. .
,
F.S. Agencies must maintain confidentiality of such record information
that is otherwise exempt from s. 119.07(1), F.S., as provided by law.
PENALTIES AND LIABILITIES
Any non-compliance with the terms of this agreement concerning the use
and dissemination of criminal history record information may subject the
USER's officers or employees to a fine not to exceed $10,000 as provided
for in Department of Justices Regulations, Chapter 1, Title 28, Part 20,
Subpart 20.25, C.F.R. and/or discontinuance of services as provided by
Department of Justicè Regulations, Chapter 1, Title 28, Part 20, Subpart
20.38, C.F.R. Moreover, certain offenses against system security and
the information contained therein are crimes under Chapter 815, F.S.
Nothing herein shall be deemed, a wavier of the privileges and
immunities granted to the USER under F.S. 768.28.
PROVISIONS INCORPORATED
USER shall be bound by applicable federal and state law, federal
regulations and the rules of FDLE to the same extent that USER would be
if such provisions were fully set out herein. Moreover, this agreement
incorporates both present and future laws, regulations and rules unless
timely protest is made by the USER. Upon receipt of such protest by
FDLE, it may deem its obligations hereunder suspended.
TERMINATION
Each party retains the right to discontinue service, without cause, upon
mailing of forty-five days written notice. Each party may terminate
this agreement for cause. More particularly, FDLE reserves the right to
discontinue service, without notice, upon presentation to it of
reasonably credible evidence that USER is violating this agreement or
any pertinent federal or state law, regulation or rule. Moreover, cause
shall also be deemed to exist if any term of this agreement is bound to
be invalid, if any change in the laws applicable to either party
requires either party to curtail performance hereunder, or if changed
circumstance require either party to perform substantially more or less
than was envisioned at the time this agreement was executed. In such
circumstances, the other party may terminate performance or demand
renegotiation upon written notice to the other party that the changed
circumstances, if known at the time of execution of this contract, would
have foreclosed that party's entry into the agreement.
ACCOUNTABILITY
To the extent provided by the laws of Florida, User agrees to be
responsible for the negligent acts or omissions of its personnel arising
of or involving any actions taken by personnel of User as a result of
any information contained in, received from, entered into or through
FCIC/NCIC. Nothing herein shall be deemed, a wavier of the privileges
and immunities granted to the USER under F.S. 768.28.
4
,
.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be
executed by the proper officers and officials.
Attest:
By:
Mayor Thomas E. Lynch
City Clerk
Approved as to form and
Legal Sufficiency:
City Attorney - Delray Beach
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY WITNESS
TITLE TITLE
DATE
FDLEAGRE/WINWORD
5
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:;,~ì
! I
v I
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DElRA Y BEACH
F LOR I D ^
~
AII·America City MEMORANDUM
, III r!
DATE: March 2, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City Attorn:j..
SUBJECT: Acquisition of Right-of-Way for S.W. 10th Street from Joseph Milien,
Immacula Milien and Yves Louime
The attached contract, if approved, would authorize the payment of $5,400.00 for two
parcels located on the south side of S. W. 10th Street just west of Swinton Avenue. The
individuals named in the contract are the Trustees for the Full Gospel Assembly of
Delray Beach, Inc, which owns the property. Sketches of the property being acquired
are also attached. Our office recommends approval of the contract.
Please call if you have any questions.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty. City Clerk ~
Kevin Becotte, Engineer I
milien-l. dnt
~ 6Í' \",6
j\1
@ Printed on Recycled Paper f·r.
CONTRACT FOR SALE AND PURCHASE
JOSEPH MILlEN, IMMACULA MILlEN, and YVES LOUIME ("Sellers"), of
Delray Beach, Florida, and CITY OF DELRA Y BEACH, a Florida municipal corporation,
("Buyer"), hereby agree that the Sellers shall buy the following real property ("Real
Property") upon the following tenns and conditions:
I. DESCRIPTION:
As described in Exhibit "A".
II. PURCHASE PRICE. . . . . . . . . . . . . . . .$5,400.00 less any unpaid liens or taxes.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before February 28, 1995. The date of this Contract
("Effective Date") will be the date when the last one of the Buyer and the Sellers have
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before March 31, 1995, unless extended by other provisions of
Contract.
VI. RESTRICTIONS; EASEMENTS; LIMIT A TIONS: Buyer shall take title subject
to: zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous
to Real Property lines and not more than 10 feet in width as to the rear or front lines
and 7 Y2 feet in width as to the sid~ lines, unless otherwise specified herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any; provided, that there exists at closing no violation of the foregoing
and none of them prevents the use of Real Property for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
S~ll~rs, bit of Property is intended to be rented or occupied beyond closing, the fact
and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed
pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible
and liable for maintenance from that date, and shall be deemed to have accepted
Property in their existing condition as of time of taking occupancy unless otherwise
stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of Contract in conflict with
them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. PA YMENT. Payment shall be made by City of Delray Beach!t Joseph Milien,
lmmacula Milen and Yves Louime. This paragraph shall survive closing.
XI. ROAD IMPROVEMENTS. The Buyer agrees to install driveway access points on
Sellers' property in conjunction with the S. W. 10th Street road improvements. This
paragraph shall survive closing.
ST ANDARDS FOR REAL EST A TE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida
licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an
owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to
real property, subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by Seller at or before closing.
Marketable title shall be determined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If title is found defective, Buyer
shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable,
Seller will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which Buyer shall have the option of either accepting the title as it then is
or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer;
thereupon Buyer and Seller shall release one another of all further obligations under the
agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in
title within the time provided therefor, including the bringing of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver
evidence of title and to examine same, may have real property surveyed and certified by a
registered Florida surveyor. If survey shows encroachment on real property or that
improvements located on real property encroach on setback lines, easements, lands of others,
or violate any restrictions, agreement covenants or applicable governmental regulation, the
same shall constitute a title defect.
-2-
C. Ingress and Egress: Seller warrants and represents that there is
ingress and egress to the real property sufficient for the intended use as described herein, title
to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen (15) days before closing,
furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental rates, advanced rent and security
deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same
information shall be furnished by Seller to Buyer within that time period in the form of a
Seller's affidavit. and Buyer may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original leases to Buyer.
E. Lims: Seller shall furnish to Buyer at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any financing statements,
claims of lien or potentiallienors known to Seller and further attesting that there have been no
improvements or repairs to property for ninety (90) days immediately preceding date of
closing. If property has been improved, or repaired within that time, Seller shall deliver
releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all
such general contractors, subcontractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a basis for a mechanic's line or a
claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real
property is located, at the office of the attorney or other closing agent designated by Seller.
G. ~: Time is of the essence of this agreement. Time periods herein
of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or
national legal holidays, and any time period provided for herein which shall end on Saturday,
Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closing: Seller shall furnish deed, bill of sale,
mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and
corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note,
security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed and recording corrective
instruments shall be paid by Seller.
J. Prorations: credits: Taxes, assessments, rent, interest, insurance and
other expenses and revenue of property shall be prorated through day before closing. Buyer
shall have the option to taking over any existing policies of insurance, if assumable, in which
event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
-3-
required by prorations. Prorations will be made through day prior to occupancy if occupancy
occurs hefore closing. Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based
on the current year's tax with due allowance made for maximum allowable discount,
homestead and other exemptions. If closing occurs at a date when the current year's milage is
not fixed, and current year's assessments is available, taxes will be prorated based upon such
assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real
property by January 1st of year of closing which improvements were not in existence on
January 1 st of the prior year then taxes shall be prorated based upon the prior year's milage
and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into
consideration available exemptions. Any tax proration based on an estimate may, at request
of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that
a statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special
assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been
substantially completed as of Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the
last estimate of assessment for the improvement by the public body.
L. Inspectionf Repair and Maintenance: Seller warrants that, as of ten
(10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and
interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the
septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having
inspections made of those items by an appropriately Florida license person dealing in the
construction, repair or maintenance of those items and shall report in writing to Seller such
items that do not meet the above standards as to defects together with the cost of correcting
them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever
occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to
have waived Seller's warranties as to defects not reported. If repairs or replacement are
required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or
replacements by an appropriately Florida licensed person selected by Seller. If the cost for
such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller
may elect to pay such excess, failing which either party may cancel this agreement. If Seller
is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at
closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between
the effective date and the closing, Seller shall maintain property including but not limited to
the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted.
-4-
Buyer shall be permitted access for inspection of property prior to closing in order to confirm
compliance with this standard.
M. Risk of Loss: If the property is damaged by fire or other casualty
before closing and cost of restoration does not exceed the purchase price of the property so
damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed
pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of
the restoration exceeds three percent (3%) of the assessed valuation of the improvements so
damaged, Buyer shall have the option of either taking property as is, together with either the
three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of
canceling the agreement and receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of th~m to deposit them promptly, hold same in escrow
and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as
to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's
option, continue to hold the subject matter of the escrow until the parties mutually agree to its
disbursement, or until a judgment of a court of competent jurisdiction shall detennine the
rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction
of the dispute. Upon notifying all parties concerned of such action, all liability on the part of
Agent shall fully tenninate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of
Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is
made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads
the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs
incurred with the fees and costs to be charged and assessed as court costs in favor of the
prevailing party. Parties agree that Agent shall not be liable to any party or person for
misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due
to willful breach of contract or gross negligence of Agent.
o. Failure ofPerformånce: If Buyer fails to perfonn this Contract within
the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be
retained by or for the account of Seller as agreed upon liquidated damages, consideration for
the execution of this Contract and in full settlement of any claims; whereupon, Buyer and
Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may
proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than
failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or
refuses to perform this Contract, the Buyer may seek specific performance or elect to receive
the return of Buyer's deposit(s) without thereby waiving any action for damages resulting
from Seller's breach.
-5-
P. Agreement Not Recordable; Persons Bound: Notice: Neither this
agreement nor any notice of it shall be recorded in any public records. This agreement shall
bind and enure to the benefit of the parties and their successors in interest. Whenever the
context permits, singular shall include plural and one gender shall include all. Notice given
by or to the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the property by way of Quit-Claim
Deed subject to an easement for any utilities that may exist and lie on the property.
R. Other Agreements: No prior or present agreements or representations
shall be binding upon Buyer or Seller unless included in this Contract. No modification or
change in this Contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller
materially affecting the value of the real property which are not readily observable by Buyer
or which have not been disclosed to Buyer.
BUYER: SELLERS:
City of Delray Beach
By:
Thomas Lynch, Mayor
ATTEST: ImmIa Milien 1 r
By:' /¡/L_/V"./''-.-a-<:<..~ /~
City Clerk ¡
Approved as to Form: Yves Louime
By: r ~Á4~/;
City Attorney
-6-
STATE OF FLORIDA
COUNTY OF PALM BEACH vi...
The foregoing instrument was acknowledged before me this J2.(1day of February,
1995 by JOSEPH MIllEN, who is personally known to me or who has produced
£/ Rí\Jê K 's /;>'¿rJ~ ~ ~
as identification.
Sign e of Notary Public- .
......... ......~
........-..:" qf¡¡¡¡;¡~ ÕliMda _,s. 00 ·0. ·wwoa ....
l · OGUENA POLlSSAINT £661 '6l: IIJdv l :
: i My Commission Expires S8Jldx] UOISS!wwo:> '<w i :
STATE OF FLORIDA ...~¡ ..,1129. '997 LNI.SSnOd ..3000 \ !
...."!.~ ....... Comm. No. CC 281388 lV3S 1"1::>1::1::10 '"*~.~...
COUNTY OF PALM BEACH · I
"d
The foregoing instrument was acknowledged before me this d2 day of February,
1995, by IMMACULA MIllEN, who is personally known to me or who has produced
I. C I ,l~ ¿ r>.sé!.
() 12/ lit? R .0
Si lUre of Notary Pu~ OFFICIAL SEAL
tate of Florida rg OGUENA POLlSSAINT
My Commission Expires
STATE OF FLORIDA \ I April 29. 1997
~ ~. Comm. No. CC 281388
...:.....
COUNTY OF PALM BEACH ncÍ
The foregoing instrument was acknowledged before me this :;t) day of February,
1995, by IVES LOUIME. who is personally known to me or who has produced
d" I //(í t' nrt2fL as ideotificatiOV¿¿¡J¡( a ~
IV Utl<.o
Sig~Ure of Notary P~F~ OFFICIAL SEAL
State of Florida f ~ OGUENA POLlSSAINT
i ¡ My Commission Expires
\ ¡ April 29, 1997
~Qr~.. Comm. No. CC 281388
.........
-7-
PARCEL 018
DESCRIPTION:
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: (PER O.R.B. 2314
PG.900)
THE WEST 100 FEET OF THE EAST 487.74 FEET OF THE NORTH 120.9 FEET
OF LOT l3, OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, LESS
THE NORTH 25 FEET FOR ROAD RIGHT OF WAY.
ALSO KNOWN AS: LOTS 9 AND 10, "SOUTHERN PINES", ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 60 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF LOTS 9 AND 10, "SOUTHERN PINES", ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 60 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 10, "SOUTHERN PINES" ,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 60
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RUN ON AN
ASSUMED BEARING OF S89°54'18"E ALONG THE NORTH LINE OF SAID LOT 10
AND ALONG THE NORTH LINE OF SAID LOT 9, FOR A DISTANCE OF 100.00
FEET; THENCE SO 0 ° 3 6 ' 42 lOW ALONG THE EAST LINE OF SAID LOT 9 FOR
10.00 FEET; THENCE N89°54'lS"W ALONG A LINE PARALLEL WITH AND
lO.OO FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE
OF LOTS 9 AND lO FOR A DISTANCE OF lOO.OO FEET; THENCE NOOO36'42"E
ALONG THE WEST LINE OF LOT lO FOR 10.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 0.0230 ACRE, OR 1,000 SQUARE FEET MORE OR LESS.
. ." ·---·~~:~~t~..~~~'I..·
PARCEL 019
DES~J:OH:
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: (PER O.R.S. 4294 i
PG.0442) I
1
THE WEST 100 FEET OF THE EAST 387.74 FEET OF THE NORTH 120.9 FEET
OF THE EAST HALF OF LOT 13, OF THE SUBDIVISION OF SECTION 20, !
TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN PALM SEACH COUNTY, FLORIDA, IN ,
PLAT BOOE 1, AT PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY , ;
;
FLORIDA.
I
ALSO KNOWN AS: LOTS 7 AND 8, "SOUTHERN PINES", ACCORDING TO THE
PLAT THEREOF. RECORDED IN PLAT BOOK 4, AT PAGE 60 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF LOTS 7 AND 8, "SOUTHERN PINES", ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 60 OF THE
PUBLIC RECORDS OF PALM SEACH COUNTY , FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 8, .. SOUTHERN PINES", ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4AT PAGE 60 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY,' FLORIDA, AND RUN ON AN ASSUMED
BEARING OF S89°54' 18"E ALONG THE NORTH LINE OF SAID LOT 8 AND ALONG
THE NORTH LINE OF SAID LOT 7, . FOR A DISTANCE OF 100.00 FEET ~ THENCE
SOoo36'42"W ALONG THE EAST LINE OF SAID LOT 7 FOR 10.00 FEET;
THENCE N89°S4'18"W ALONG A LINE PARALLEL WITH AND 10.00 FEET SOUTH
OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF LOTS 7 AND 8
FOR A DISTANCE OF 100.00 FEET~ THENCE NOo036'42"E ALONG THE WEST
LINE OF LOT 8 FOR 10.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 0.0230 ACRE, OR 1,000 SQUARE FEET MORE OR LESS.
.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~. G . - MEETING OF MARCH 7. 1995
FUNDING ALLOCATION FOR RAILROAD DEPOT FOUNDATION PLAN
DATE: MARCH 3, 1995
On February 21, 1995, Mr. Bob Cullen appeared before the Commission
to request a funding commitment to cover the cost of the foundation
plan for the Railroad Depot. The cost was estimated to be about
$7,500.00. By consensus, Commission approved this allocation and
directed the matter be brought back for formal approval at the next
regular meeting. A copy of the minutes is attached.
Funding for this project is available from the General Construction
Fund - Railroad Depot Foundation (Account No. 334-6111-519-62.12),
through budget transfer from City Manager's Contingency (Account
No. 001-6111-519-99.03).
Recommend approval of a funding allocation of up to $7,500.00 for
the Railroad Depot foundation plan.
~ðì7 (!~
ref:agmem07
·
tures. Staff is looking into the feasibility of having smaller
"Welcome to Delray Beach" signs installed at entrance medians.
11.B. Prom the Public.
11.B.1. Bob Cullen, Delray Depot Relocation Coordinator (1877
South Ocean Boulevard), reported that as of this afternoon he had
received confirmation from the Delray Beach Historical Society
that it does have sufficient funds for the purchase of the depot
building and the relocation costs. The site has definitely been
set at Worthing Park. Further, the Palm Beach County Historical
Preservation Board has a reed to compile a request for a Restora-
~.~ .. Grant. " . . · . '...' .,.
"L.:_ .
different' contractors, Mr. Cullen estimated the cost
foundation plan to be in the range of $5,000 to $7,500.
After discussion, it was the unanimous consensus of the
Commission that the City would fund up to $7,500 for the founda-
tion plan and that the matter be brought back for formal approval
at the next regular meeting. In the interim, Mr. Cullen and the
City Manager will work on getting the most advantageous price
from a contractor, and the Mayor will look into the possibility
of having the concrete donated to the project.
On question from Mr. Randolph as to the time frame for
the relocation, Mr. Cullen stated that the move will probably
take place sometime after the Delray Affair, possibly during the
months of Mayor June. Although the building will not be able to
be completely renovated, it will be thoroughly cleaned up by
October, 1995. Mr. Cullen noted that the Centennial Committee is
very anxious to use the Delray Depot as a focal point.
13. Comments and Inauiries on Non-Aqenda Items.
13.A. City Manaqer.
In response to Commissioner Smith's prior inquiry
regarding dumping of trash and graffiti at the commercial build-
ing located at the corner of N.W. 10th Avenue and Lake Ida Road,
the City Manager reported that the property owner was cited and
has since abated the dumping nuisance. The property owner has
stated that all the paint was used for painting the building, but
he has agreed to order matching paint so that the graffiti will
be covered. Hopefully, this will be accomplished within the next
ten days.
In response to Mayor Lynch's previous comment regard-
ing an ordinance pertaining to time limitations on construction,
the City Manager stated that staff is developing a new ordinance
that will propose to limit the time of performance under a build-
ing permit based upon the size and type of construction, and
imposing a financial penalty for noncompliance. This ordinance
-14- 2/21/95
City of Delray Beach
Budget Transfer Form
(1) Departmental Line Transfer (2) Date ___
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: ~!eph Safford, Director of Finance~ -
C.l'
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
XXXXXXX 001-6111-519-99.03 City Manager's Contin~ ency 7,500
XXXXXXX 001-9111-581-91.03 Transfer to Gen. Const r. 7,500
XXXXXXX 334-0000-381-10.00 Transfer from Gen. Fur d 7,500
95041 334-6111-519-62.12 Railroad Depot-Foundat ion 7,500
I
(10) TOTAL 15,000 15,000
JUSTIFICATION:
To set up funding to cover the cost of the foundation plan for the Railroad
Depot. Approved by City Commission on .
Department Head __________ Asst City Manager ________________
Finance Director ____ __ --- ---.-- .---- -_. City Manager -- --------.., ~-_._._----
I
(11) Budget Revision Date ___._ (12) Control Number
(13) Period (14) Count ___
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
Of{
~
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR~
RE: SWINTON AVENUE BEAUTIFICATION - CONTRACT CLOSE-OUT
DATE: FEBRUARY 27, 1995
ITEM BEFORE THE COMMISSION
-
The item before the Commission is consideration of approval of the final
payment request to American Lighting Maintenance, Inc. , for the Swinton
Avenue Beautification project, in the amount of $5,250.00.
BACKGROUND
The Swinton Avenue Beautification project was accepted for substantial
completion on July 1, 1994. Due to problems with performance of some of the
subcontractors and the resignation of the job supervisor, the punch list
items were not completed until February 16, 1995.
RECOMMENDATION
Staff recommends approval of the final payment request to American Lighting
Maintenance, Inc. , in the amount of $5,250.00, is available from Swinton Ave.
Beautification - Other Improvements (Account No. 115-2711-524-63.90).
~cw«£ on ~
--.3/7/95
¡.II·
.
I
. Agenda I tem No. & ¡.I/.
l
'AGENDA REQOeST
Date: 3/1/95
Request to be placed on:'
X Regular Agenda . Spec 1a 1 A<Jenda Workshop Agenda
When: 3/7/95
Uescription of agenda item (who, whatf where, how much):
Contract Closeout for Swinton Avenue Beauti ication
ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval of final payment - $5,250.00
.
Department Head Slqnaturel ~- .._-= .
Determination of Consistency " t~ Co_preben.he PlaD'
City Attorney Review/ Recommendation (if applicable): .
-
Budget Director Review (required OD all iteas involving expenditure
of funds):
Funding available: ~ NO (if a~i~
. Funding alternatives:
~~ Account No. & Description: JI.Ç .:27/1 S2l./- 63 90 ~' N7ðrv . _ ( C.1-I/UVf;
Account Balance: .$-.ÇdS?- . ( ~/M-~v)
City Manager Review:
r
Approved for agenda: (!ÞS/ NO t¡v'1
Hold Until:
Agenda Coordinator Review:
Received: ,
Action: Approved/Disapproved
FEB-28-95 TUE 17:21 AMERICAN LIGHTING MAINT. FAX NO, 407 889 5322 P.02/04
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n II ð - v, ~. - , ¡;¡ ., ... Q ¡¡o¡;¡ n -1 ;:¡ " '"
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~~ ¡þ'. O. ('\. ~-:-. : ~ (j í\....::! 0
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"':3 ¡ ""'~ ( . . '" 0' 0'" '"
~ Q. z :r : ;f:-< -. 0 . a. 'II e .. '" Z 0
.,. -! 0 .. , -~ , ,
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:I","'IIU ~("\ > , : : Ia;:¡ -- CXI'-' n;
a.¡;j-" ~....O .: .., 0.<"1 N - lO"
~ ::I ~ ~ .. $ "" ~.." ~ " J; " . 0 - ..0 - ~
_ ~ 0 I ~ ~';' ~ .... <It "" ~ y, '~~ V1 ~.
'!- 0 .. C:;'" > jiiI ¡ I oÞ I ~ m \Q Q.
n-i3'''' ~.. ~1!!I1"':::n~? \Ø &. (.oJ !'!
g~] ~ ~g2Õ'W IJ'I.:-D .. g
~;~ ~"'!'11 \,)1.o.I ~!:'
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'" ;: Q. 03: 2! :... :1. ::r n > 0 ~ ---,
~ ;;~ ª,"'~ I'gg~ 1~O :T O~~ð: ~
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oJ ....111 I ~ 0 ~ C'
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FEB-28-95 TUE 17:22 AMERICAN LIGHTING MAINT. F AX NO. 407 689 5322 P. 03/04
APPLICATION NUW8fR: NINE - FINAL.
APPI.ICATION OA~: FEBRUAR'r n. 1~
JOO N"IwIt;¡¡ SWINTON AvtNV£ PeAlOO TO: 2/If/W
J¡'AUTFIc:ATlON PF!O.ÆCT NQ: 1Ja-~
G-GOOt
_...__....___.__~______~M...__.__ -----.-..--~-..-----.-.-.~..~~--------..-..........-....
A e C 0 E F G H I . J
ITEM DESCRIPTION SCt£OWiO r - - - - - - - -WORK COMPLETe.O- - - - - - - - .TOT Al COMPI- 8Ai.ANCE ~TA "IAœ PERCEN'
Il1O. OF WO~ VAtU!!! P . Af1P WOA< IN STORED LlAT. ANO $1'OREO TO "NI9H COUPI.E
.............ø_._.~.._......._.__ ...._.....*____.~.........*___~~..........._........__..
PMAØE I:
1. lJIND4JCAPlrlG 113.100,00 , 3. 1 eo. 00 0.00 0.00 113,180.00 0.00 0.00 100.00"
a. IMI(¡ II,TION :53, ~,OO ~1eO.gu 0.00 0.00 53. 750.00 0.00 0.00 100.00""
So ÆCWW>e. SOIL, 1900 !)f.eœ.OO K8CO.0C) 0.00 0.00 ~800.OQ 0.00 0.00 100.00""
4, ÞJM¡MENT Æ~Al 8.'00,00 e.toO.oo 0.00 0.00 e.eoo.oo o.go D. 00 100.00..
So EXleT.CURB RliUOV.-L ,.~OO 1,7S0.oo (lOO 0.00 1,~00 0.00 O.øo 100.<;0..
a 'NPE '0" OU~ 2UOo.oO 2t,fIOO. 00 0.00 0.00 ~ooo.oo 0.00 0.00 100.00"
7. 8JOEWIU AECONSTR. 1.3110.00 I.MO.OO Q.(JO 0.00 1,080.00 0.00 0.00 100.00"
e, SO. 2nó 9'T. IMPFIOV. 5.870.00 5,870.00 0.00 0.00 U70.00 0..00 0.00 100.00""
G. FE8TAIPlNO ".800.00 4.eoo.OO 0.00 0.00 ~,eoo.()O 0,00 0.00 100.00..
10. '1'RjifflC CNWL .. M06L. 17.200.00 11.200.00 0.00 O.C:O 17.2!Xl.OO 0.00 000 ,oo.~
SUB TOTAL aee.IIÐO.OQ SI9O. 00 0.00 0.00 8,S90.oo 0.00 0.00 100.00"1
P"I'I$E n;
1- LANOGCN>lNQ ~."20.00 5,~.00 0.00 0,00 ~ÇIO.oo 0.00 0.00 1oo,~
2. ~Ql.l'ION o.~ 8,1G5.00 0,00 o.go 8,"~W g,go 0.00 '00.00"1
3. ~Q~E. 901L. 90~ .1.0100.00 .., ,'100.00 0.00 0.00 .., .400.00 0.00 0.00 100.00,.
4. PA!I£MENT ÆVOiül. 2.1 00.00 2,' OQ.QC 0.00 0.00 2."00.00 0.00 0.00 100.0Q..
5, EdT. CUAe AEMOVIII. 1.850.00 1.850.00 0.00 0.00 T .&50.00 0.00 0.00 100.00'"
8. 'NPE'O' CURe 1 S. 'linGO 5.0400.00 0,00 0.00 15,4QQ.0I) 0.00 0.00 100.~
7. 8IOEWM RECOHeTR. MlOO 340.00 0,00 0.00 940.00 0.00 0,00 100.00...
e TRAF'FtC CNTAL & Mae. 17.200.00 , 7.200.00 0,00 0.00 17,200.00 0.00 0.00 1<10.00""
0.00
$UD TOTAl t 12,165.0() 1 2.156.00 0.00 0.00 11 ~.1 (15.00 0.00 0. 00 1 00. OO~
"OT!i PHA3E8:
1. PROJECT SIGNa 800.00 000.00 0,00 0,00 eOCJ.OO 0.00 0.00 1 00.00'i
2. eo-OAV "AINT. 1 0. soo.oo S,aSO,OO 5,80,00 0.00 10. 500. 00 0.00 O.OOI00,~
3, 1'aI11NG AlLOW. 1.000.00 1 ,000.00 0.00 0.00 1 . DC)(!.OO 0,00 0.00 1 00.00..
oI , v.oEO ALLOW. soo.œ soo.oo 0.00 0.00 500.00 0.00 0.00 100.00.
5. lNOEMNlFIOATlON 10.00 1Q.OO 0.00 0.00 1000 0.00 0.00 1 00. Of*
1tU8 TO; IlL: , ~e1o.oo 7.3eO.00 5.2!!O,OO 0,00 12,810,00 0.00 0.00 1 00. coor.
,. CHAN_ ~.., &21*00 a.~.QO 0.00 0,00 2.-.00 0.00 0.001 00.«*
~ CHANΠOlllOVlla 11!,sao.OO $'.58C. 00 0.00 0.00 T i.*-QO 0.00 Q.OO 1 00.00"
3. e~œ C$t$I n *,.05 *7.$16 0.00 0.00 un.95 0.00 0, ex" 00.00.
", CHANGE OADER '4 -811.50 -t1UO 0.00 o.()O (1171,~ 0.00 0.00 T 00.00.
$, CHMGE ORDER '5 1se5J.OO 1M67.00 0.00 0.00 n,n7.oo 0.00 0. 00 , 00.(10.
ð. CHANGE ORDER #e !IØ06O.25 Ø60.~ 0.00 0.00 ee.*,_ 0.00 0.00 1 00.00""
7. CH.A.NG£ ORDER ,., -"~55 mm.ßs C\.oo 0.00 ~,,~1$.ss 0.00 0. 00 1 00.(0'1
sue TOT"-: 90,196, '5 .1ge,15 0.00 0.00 90.1Qe., 5 0.00 t>.oo 1 OO.<m&
TOT~: ~,!J01.1~ ~ .a'11.15 5.2eO.OO 0.00 504.se',15 0.00 0,001OC.~
" ,
. FEB-28-95 TUE 17:22 AMERICAN LIGHTING MAINT. FAX NO. 407 689 5322 P. 04/0/1
.
AMERICAN LIGHTING HAINTENANC , INC.
1750 N. Florida Mango Road,s 1te 402
West Palm Beach. Florida 3 409
Ph: (407) 689-4851 F~x: (407) 699-5322
Invoice ,: 15105 02/28/95
CITY OF DELRAY BEACH CITY OF DELRAY BEACH
434 3. SWINTON AVENUE 434 S. SWINTON AVENUE
DELRAY BEACH, FL 33444 DELRAY BEACH. FL 33444
CustomeI. Work Order Purchase Order
974 rPT 0
Quanti tv Part Number Unit Pricp- Extended
FINAL INVOICE N AVENUE BEAUTIFICATION
PROJECT 5,250.00
1.00 MISe 5,250.00
All unpaid balances in eXCQ~S of the t~rmG vil1 accrue interest chargeä. In
thQ event it becomes necessary fo ALMI to incur collec~10n costs or institute
suit to collect any amount due u der this agreement, or any portion thereof,
the customer promises to pay uch additional collection co~ts, cnarges and
expensês including reasonable att rneys fees incurreå by ALMI. Customer waives
the privilege of being sued in th county of residence or business location
and agrees that suit may he hroug t in Palm Beach County.
PLEASE RETURN PINK COpy WITH YOU PAYMENT.
THANK YOU FOR CHOOSING AMERICAN !GHTING 1
SUB TOTAL 5,250.00
TAX 0.00
======;;¡:::.:
TOTAL 5,250.00
· -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # g.:(. - MEETING OF MARCH 7, 1995
RESOLUTION NO. 20-95
DATE: MARCH 3, 1995
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at 14
S.W. 12th Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $1,904.67 remains unpaid.
Recommend approval of Resolution No. 20-95 assessing costs to
demolish an unsafe building on property located at 14 S.W. 12th
Avenue.
I I
l.' . ,_.)
RESOLUTION NO. 20 - 95
-"
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, nUNSAFE
BUILDINGS n, OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner (s) of the land (s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty. (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
I ,
L) __)
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the Ci ty Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
còsts incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for genéral city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on .
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 20-95
, I
l_ \ . )
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6t) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
-
PASSED AND ADOPTED in regular session on this the day
of , 1995.
.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 20-95
-
.
0# . \
.
NOTICE OF ASSESSMENT
Date
TO: Narine Williams
ADDRESS: 14 SW 12th Avenue» Delray Beach» Fl 33444
PROPERTY: 141 SW 12th Avenue» De1ray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 21. Block 2. Atlantic Park Gardens Delray according to
P1A~ Book 14. Pa¡e 56 of the official records of Palm Beach County, Fl
You, as the record owner of, ,or holder of an interest in. the above-
described property are hereby advised that a cost of $1.904.67 by resolution
of the City Commission of the City of Delray Beach» 'Florida, dated
. 199~. bas been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-desc~ibed property. You were given not·ice on 12-llt-9L,
that the Building Official bas determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and. that the action
would be initiat-.d on an emergency basis by the City.'
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action .
required by the decision of the Board of Construction Appeals
~thin a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official. _
~
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 1-4-95
. at a cost ~f $1,904.67 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days. that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
-
.
.
.
.. .
, \-
.
-
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
. - /
BY ORDER or TilE CITY COMMISSION.
. .
.
. .
City Clerk
-
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,
.
.
,
. -
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. . ~ .~- - ~ --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJ11
SUBJECT: AGENDA ITEM # ;·3· - MEETING OF MARCH 7, 1995
RESOLUTION NO. 21-95
DATE: MARCH 3, 1995
This is a resolution assessing costs for abatement action
required to remove junked and/or abandoned vehicles on nine
properties located within the City. The resolution sets forth
the actual costs incurred and provides the mechanism to attach
liens on these properties in the event the assessments remain
unpaid.
Recommend approval of Resolution No. 21-95 assessing costs to
remove junked vehicles on nine properties located within the
City.
, I
¡ ! )
t
'^
RESOLUTION NO. 21-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the .
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursua~t to
Sections 90.02 and 90.03 of the Code of Ordinances; and, .
WHEREAS, the property owner (s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner (s) did request and recei ve a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance{s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
, I
,
t. : )
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS , the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s} against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s} indicated thereon. Said assessments so levied shall, if not
paid within thirty (30 ) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30 ) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(3D) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30 ) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
-2- Res. No. 21-95
I t
l,Î )
Section 5. That in the event that paYment has not been
recei ved by the City Clerk within thirty (30 ) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1995.
MAYOR
ATTEST:
City Clerk
-3- Res. No. 21-95
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E46.67' OF W448.33' OF FRANCINE CLINTON $19.45
N130' OF N1/2 OF LOT 1/ 114/116 SW 14TH AVENUE 15.00 (ADM. COST)
LESS N25' OF ST R/W, DELRAY BEACH, FL 33444
SUB OF SEC 20-46-43,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(628 SW 4TH STREET)
S37.5' OF W130' OF N75' JAMES STEPHENS $19.45
OF Sl/2 OF BLOCK 12, 7053 GLENWOOD DRIVE 15.00 (ADM. COST)
TOWN OF DELRAY, PLAT LANTANA, FL 33462
BOOK 1, PAGE 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(NW 7TH AVENUE)
LOT 11, BLOCK 6, SILVER JAMES & MAUREEN MAAS $19.45
TERRACE, DELRAY, PLAT 3825 LONE PINE ROAD 15.00 (ADM. COST)
BOOK 11, PAGE 61, DELRAY BEACH, FL 33445
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(1105 MIAMI BLVD.)
LOT 19 & S8' OF LOT 20, LORI J. DURANTE $38.90
BLOCK 63, TOWN OF 3655 HABERSHAM RD NE # 149 15.00 (ADM. COST)
DELRAY, PLAT BOOK 6, ATLANTA, GA 30305
PAGE 3, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(207 SW 1ST AVENUE)
LOTS 2 & 3, CARVER DANIEL D. WRIGHT & $19.45
SQUARE, PLAT BOOK· 24, WILLIE L. WRIGHT 15.00 (ADM. COST)
PAGE 3, PUBLIC RECORDS 106 NW 12TH AVENUE
OF PALM BEACH COUNTY, DELRAY BEACH, FL 33444
FL
(706-710 SW 2ND STREET)
LOT 11, BLOCK 36, TOWN HOUSE OF GOD $19.45
OF DELRAY, PLAT BOOK 5, CHURCH OF THE LIVING GOD 15.00 (ADM. COST)
PAGE 38, PUBLIC RECORDS 1310 NW 52ND STREET
OF PALM BEACH COUNTY, MIAMI, FL 3314-3828
FL
(48 NW 3RD AVENUE)
RES. NO. 21- 95
- 4 -
LOT 19, BLOCK 2, LUCY M. WINTON $19.45
ROSEMONT GARDENS 502 SW 7TH AVENUE 15.00 (ADM. COST)
UNIT B, PLAT BOOK 15, DELRAY BEACH, FL 33444-2452
PAGE 44, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(502 SW 7TH AVENUE)
LOT 12, BLOCK 2, DELRAY MILDRED V. KURTZ & $19.45
SHORES, PLAT BOOK 24, HENRY A. KURTZ 15.00 (ADM. COST)
PAGE 233, PUBLIC RECORDS c/o SAMUEL KURTZ
OF PALM BEACH COUNTY, 622 DAVIS ROAD
FL DELRAY BEACH, FL 33444-5264
(622 DAVIS ROAD)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
RES. NO. 21- 95
- 5 -
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ð'.J< . - MEETING OF MARCH 7, 1995
RESOLUTION NO. 22-95
DATE: MARCH 3, 1995
This is a resolution assessing costs for abatement action
required to remove nuisances on 17 properties located within the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommmend approval of Resolution No. 22-95 assessing costs for
abating nuisances on 17 properties located with the City.
I ,
( \ )
,
RESOLUTION NO. 22-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE C!TY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT ; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTs .
WHEREAS , the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42 ) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
wi thin ten (10 ) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner (s) failed and/or neglected to abate such nuisance{s) within
, I
( )
\
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30 ) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30 ) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 22-95
, .. - . -
I
f
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accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property (s) , and interest shall accrue at the rate of
eight (8 ) percent per annum pI us , if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that paYment has not been
received by the City Clerk within thirty (30 ) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1995.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 22-95
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 17 TO 20 INC., ESTERVINA MOREDA $ 67.25
BLOCK 1, SOUTHRI DGE, 3524 CHATELAINE BLVD. 70.00 (ADM. COST)
PLAT BOOK 13, PAGE 38, DELRAY BEACH, FL 33445-2207
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(REIGLE AVENUE)
LOT 17, BLOCK 23, TOWN BETHA PRESTON $ 45.00
OF DELRAY, PLAT BOOK 1001 WEST 3RD STREET 70.00 (ADM. COST)
10, PAGE 69, PUBLIC RIVIERA BEACH, FL 33404-7815
RECORDS OF PALM BEACH
COUNTY, FL
(217 SW 6TH AVENUE)
S50' OF N240' OF W135' MARY C. DAVIS $ 45.00
OF BLOCK 20, TOWN OF PO BOX 6 70.00 (ADM. COST)
DELRAY, PLAT BOOK 1, DIXIE, GA 31629-0006
PAGE 3, PUBLIC RECORDS
OF PALM BEACH COUNTY,
FL
(31 SW 13TH AVENUE)
LOTS 13 TO 19, INC., BUYING SELLING & RENOVATING $ 104.75
LINCOLN ATLANTIC PARK PROPERTIES, INC. 70.00 (ADM. COST)
GARDENS, PLAT BOOK 23, 450 NE 10TH STREET
PAGE 226, PUBLIC BOCA RATON, FL 33432-2938
RECORDS OF PALM BEACH
COUNTY, FL
(102 SW 13TH AVENUE)
LOTS 14 TO 16 INC., ESTERVINA MOREDA $ 59.75
BLOCK 1, SOUTHRIDGE, 3524 CHATELAINE BLVD. 70.00 (ADM. COST)
PLAT BOOK 13, PAGE 38, DELRAY BEACH, FL 33445-52207
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(REIGLE AVENUE)
ATLANTIC GARDENS, EVELYN CLINTON $ 45.00
DELRAY, LOT 19, c/o SONJA HOLLEY 70.00 (ADM. COST)
BLOCK 10, PLAT BOOK 14, 217 NW 7TH AVENUE
PAGE 63, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(SW 10TH AVENUE)
RES. NO. 22- 95
- 4 -
SUNSET PARK, DELRAY, TOMASA CRUZ $ 45.00
LOT 54, PLAT BOOK 12, 409 NW 7TH COURT 70.00 (ADM. COST)
PAGE 65, PUBLIC RECORDS BOYNTON BEACH, FL 33435-2644
OF PALM BEACH COUNTY, FL
(MANGO DRIVE)
DIGGANS, C.H. SUB./ DAVID J.& PANEL C. SCHILDMEIER $ 50.00
BLOCK 55, TOWN OF 135 MONTELAIR AVENUE 70.00 (ADM. COST)
LINTON, Sl/2 OF LOT 21 WALTHAM, MA 02154-3066
21 & LOT 22 (LESS W 8')
PLAT BOOK 8, PAGE 58,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(236 SW 1ST AVENUE)
18-46-43, SLY 164' OF MICHAEL STOYKA $ 55.00
ELY 275' OF N 1/2 OF 4623 WEST TRADEWINDS AVE. 70.00 (AMD . COST)
SE 1/4 OF NE 1/4 LYG W FT. LAUDERDALE, FL
OF & ADJ TO SAL RY R/W 33308-3515
/LESS S 15' OF W 175'
RD R/W, PLAT BOOK 6,
PAGE 51, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(101 NW 18TH AVENUE)
SOUTHRIDGE, LOTS 10 JAMES P. BENNETT $ 50.00
& 15, BLOCK 7, PLAT 11407 FLINT LANE 70.00 (ADM. COST)
BOOK 13, PAGE 38, BOKEELIA, FL 33922-3011
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(615 SOUTHRIDGE ROAD)
LINNS ADDITION TO V.C. & A.P. NOCERA TRUST $ 45.00
OSCEOLA PARK, DELRAY, 626 WEST DRIVE 70.00 (ADM. COST)
LOT 20 (LESS N 1.6' OF DELRAY BEACH, FL 33445-8714
W 26'), BLOCK 87, PLAT
BOOK 1, PAGE 133,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(232 SE 3RD AVENUE)
SUNSET PARK, DELRAY, TOMASA CRUZ $ 45.00
LOT 55, PLAT BOOK 12, 409 NW 7TH COURT 70.00 (ADM. COST)
PAGE 65, PUBLIC BOYNTON BEACH, FL 33426-3622
RECORDS OF PALM BEACH
COUNTY, FL
(MANGO DRIVE)
DELRAY BEACH ESTATES, GERALD J. SOLOMON $117.00
LOT 39, PLAT BOOK 21, 17096 NORTHWAY CIRCLE 70.00 (ADM. COST)
PAGE 13, PUBLIC RECORDS BOCA RATON, FL 33496-5907
OF PALM BEACH COUNTY,
FL
(2345 NO. FEDERAL HWY.)
RES. NO. 22- 95
- 5 -
TOWN OF DELRAY, N 69.5' DOROTHY MAGER $ 50.00
OF LOT 9, BLOCK 70, c/o GARTH MAGER 70.00 (ADM. COST)
PLAT BOOK 1, PAGE 3, 1704 HIGH RIDGE ROAD
PUBLIC RECORDS OF LAKE WORTH, FL 33461-6154
PALM BEACH COUNTY, FL
(102 SE 2ND AVENUE)
CARVER MEMORIAL PARK JULIA SIMMS $ 45.00
SUB., LOT 2, BLOCK A, 204 NW 13TH AVENUE 70.00 (ADM. COST)
PLAT BOOK 27, PAGE 55, DELRAY BEACH, FL 33444-1653
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(204 NW 13TH AVENUE)
SUB. 17-46-43, S 50' ETHEL SCOTT ESTATE $ 45.00
OF E 110' OF W 135' OF P.O. BOX 245 70.00 (ADM. COST)
S 1/2 OF N 1/2 OF LOT 6 RUSHVILLE, NY 14544-0245
PLAT BOOK 1, PAGE 3,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
{1119 NW 1ST STREET}
SUB. 17-46-43, E 50' JACQUEL DAWSON $ 45.00
OF W 583' OF S 140' OF c/O ANNA'S RETREAT 70.00 (ADM. COST)
N 165' OF N 1/2 OF NW ESTATE TUTU #E7
1/4 OF SW 1/4 OF NW 1/4 ST. THOMAS, US, VI 00802
PLAT BOOK 1, PAGE
3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(1404 NW 2ND STREET)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE.
RES. NO. 22 - 95
- 6 -
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ/f{
SUBJECT: AGENDA ITEM # ð'.L. - MEETING OF MARCH 7. 1995
RESOLUTION NO. 23-95/SAFE DRINKING WATER ACT
DATE: MARCH 3, 1995
This is before the Commission to approve Resolution No. 23-95 in
support of legislation pending before the U.S. Congress to reform
the Safe Drinking Water Act. The Palm Beach County Municipal
League Board of Directors endorsed a similar resolution on
February 8, 1995, and requested consideration by the
municipalities.
While reform is certainly necessary, I believe the most
appropriate course of action would be the total repeal of the
Safe Drinking Water Act, with responsibility for the safety of
drinking water returned to the States. In lieu of this, we
should at the very least support the legislation to reform the
Safe Drinking Water Act. Resolution No. 23-95 reflects this
position.
Recommend approval of Resolution No. 23-95.
~@7 ~
ref:agmem08
· I I
L: )
WHEREAS, this legislation has been endorsed by the National
Governors' Association, the National League of Cities, the U.S. ~ /
Conference of Mayors, National Association of State Regulatory
Commissioners, Association of State Drinking Water Administrators,
American Water Works Association, Association of Metropolitan Water
Agencies, National Association of Water Companies, National Rural
Water Association, and the National Water Resources Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the U.S. Congress is urged to totally
repeal the Safe Drinking Water Act and return responsibility for the
safety of drinking water to the States.
Section 2. If the U.S. Congress is unwilling to repeal the
Safe Drinking Water Act, then the City Commission supports the
adoption of this legislation, which will protect the quality of all
water supplies in a responsible manner, and urges all U.S.
Congressional representatives to join in co-sponsoring this critical
legislation upon introduction.
Section 3. That the City Clerk certify to the passage of
this resolution and that a copy hereof be sent to appropriate
Congressional Representatives, and Senators Bob Graham and Connie Mack
urging their support for the repeal of the Safe Drinking Water Act or,
in lieu thereof, urging their support of this legislation and urging
them to join in co-sponsoring their respective House and Senate
versions.
PASSED AND ADOPTED in regular session on this the 7th day of
March, 1995.
ATTEST: ~:7~
aIJ~j¡¡(3.ðJ /ldtÁy
City C rk
- 2 - Res. No. 23-95
i
I
, I
- I
l.j 1
RESOLUTION NO. 23-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF LEGISLATION
PENDING BEFORE THE U.S. CONGRESS TO REFORM THE SAFE
DRINKING WATER ACT.
WHEREAS, the City of Delray Beach, Florida, is committed to
the reliable delivery of high quality drinking water to the City's
residents; and
WHEREAS, the City Commission requires our water utility to
meet the water demands of the City's businesses and residents in an
environmentally and economically responsible way; and
WHEREAS, the safety of drinking water is .nQ.t a Federal
matter and is most appropriately regulated at the State level; and
WHEREAS, the Safe Drinking Water Act empowers the U.S.
Environmental Protection Agency (USEPA) to protect public health
through the establishment of drinking water quality standards; and
WHEREAS, at the very least, revisions to the Act are
necessary to ensure that limited resources are devoted to areas of
greatest human health risk; and
WHEREAS, legislation is under study in the Commerce
Committee of the U.S. House of Representatives and the Environment and
Public Works Committee of the U.S. Senate that would reauthorize the
Safe Drinking Water Act with much needed reform to the methods used to
set drinking water standards; and
WHEREAS, this legislation would compel the USEPA to regulate
contaminants that actually occur in our drinking water and are of a
genuine human health concern; and
WHEREAS, measures would be taken under this legislation to
ensure that the benefits of reducing public health risks when setting
standards are adequately weighed against the cost necessary to comply;
and
WHEREAS, this legislation would prevent water suppliers from
wasting resources on minute risks while other, significant health
concerns go unregulated; and
·
M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER IJtU1
SUBJECT: AGENDA ITEM 4t g.l1. - MEETING OF MARCH 7. 1995
EMERGENCY PURCHASE OF EOUIPMENT FOR WATER TREATMENT
PLANT
DATE: MARCH 3, 1995
This is before the Commission to approve the emergency expenditure
of $11,496.00 for purchase of a replacement agitator drive gear
box for vacuum sludge dewatering filter #2 at the Water Treatment
Plant. Failure of this equipment resulted in the Water Treatment
Plant having only one dewatering filter to process residual
sludge. If the remaining filter were to fail for any reason, the
water treatment process would be seriously affected.
Based on this, I authorized the emergency purchase of the
necessary components to repair the filter, including spare parts
in case of any future failures. The equipment was purchased sole
source from EIMCO Process Equipment.
Recommend approval of the emergency expenditure of $11,496.00 for
replacement equipment at the Water Treatment Plant, with funding
from Renewal & Replacement - Equipment Maintenance (Account No.
442-5178-536-46.20), through budget transfer from Water & Sewer
Equipment Replacement Program (Account No. 442-5178-536-61.76).
ref:agmem09
Agenda :Item No. ?, I{ .
AGENDA REOUEST
Date: 03/01/95
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 03/07/95
Description o~ item (who, what, where, how much) : Staff requests
Commission approval of emergency expenditure of $11,496.00 for purchase
of replacement of agitator drive components for Vacuum sludge dewatering
filter #2 at the Water Treatment Plant. Failure of an agitator drive
gear box on filter #2 has resulted in the WTP having only one dewatering
filter to process residual sludge. If the remaining filter fails for any
reason, the water treatment process will be seriously affected.
Components will be purchased sole source from EIMCO Process Equipment,
the equipment manufacturer,with funding from account #442-5178-536~1.76,
R&R - Equipment Replacement Program. %.?.f)
ORD:INANCE/RESOLUT:ION REQU:IRED: JJJ/BQ DRAFT ATTACHED JJJ/NO
Recommendation: staff recommends approval of purchase of dewatering
filter components from EIMCO Process Equipment for $11,496.00
DEPARTMENT HEAD S:IGNATURE: ø IÁeQ _"~",,j)~;,.s ~
I
Determination of consistency with comprehensive Plan:
City Attorney Review/Recommendation (i~ applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding available YES/NO
Punding alternatives ~PliCab~~ ' ft '
~~~~::~ ::ia:c~ïeQtf~~1;ï~ ~ - " >hN111/.} 1M' 1M
City Manager Review:
Approved for agenda: @/NO t71
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 GEAR REPLACEMENT
WATER TREATMENT PLANT
VACUUM SLUDGE FILTER
DATE: March 1, 1995
On February 24 ,the Water Treatment Plant experienced a
failure of one of the agitator drive gear boxes on vacuum
dewatering filter #2 rendering the filter unit inoperable.
since filter unit #1 is still in operation, the sludge
handling process for dewatering and disposal of lime sludge
has continued. However, should filter #1 fail for any
reason, the sludge dewatering and disposal process would
cease completely, thereby creating the potential for serious
adverse impacts on the water treatment process.
On the foregoing basis and with your verbal authorization,
we are expediting purchase and delivery of the necessary
drive components to repair filter #2, including spare
component shelf items in anticipation of any similar future
failures. The total expenditure is $11,496.00 and is a sole
source purchase from EIMCO Process Equipment, the filter
equipment manufacturer. Funding will be from R&R account
#442-5178-536-61.76, Equipment Replacement Program (budget
transfer attached). An agenda request in the subject regard
for the March 7 Commission meeting is attached for
Commission approval.
RCH: jem
c: William H. Greenwood
Janice Slazyk
f: T/F City Manager
" , "'
PI611U02 City Of Delray Beach Florida 2/28/95
Purchase Requisition Awaiting Department Approval 14:11:51
Requisition
Number : 0000032269 By D HALEYID KOCH CONFIRMED Date 022795
Reason SLUDGE FILTER REPLACEMENT PART ( EMERGENCY )
Suggested vendor : Number : 183030 Name : EIMCO PROCESS EQUIPMENT
Ship to: ENVIRONMENTAL SERVICES Deliver by date: 031595
Review information, press function key.
Line Quantity UOM Unit Cost Extended
Nbr (2 decimals) Description (4 decimals) Cost
1 2.00 EA AGITATOR VERY DRIVES 5373.0000 10746.00
SOLE SOURCE MFG. REPLAC-
MENT PARTS
2 1.00 EA APPROX AIR FRIGHT 500.0000 500.00
3 1.00 EA APPROX TRUCK FRIGHT 250.0000 250.00
2 WEEK DELAY IF PARTS
ARE AVAILABLE
4 WEEK DELAY IF PARTS +
Total 11496.00
F3=Exit F7=More info F8=Comments F9=Approve F11=Cancel requisition
F12=Cancel F13=Return to Sender F15=Account dist F18=Print requisition
Account/Project amount exceeds budget balance!
01-01 SA MW KS 1M II Sl DELRAYCH KB
, ,
.
City of Delray Beach
Budget Transfer Form
(1) Departmental line Transfer (2) Date March 2, 1995
-_.-------_.-
(3) Interfundllnterdepartmental Transfer (4) j ßatch Number
(5) Requested By; ~,!,,_epÈ-S~ffordL~i rec tOL.2!..J!jnan~~___
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
XXXXX 442-5178-536-61.76 Equip. Replcmt Prgm 11,496
(Capital Account)
XXXXX 442-5178-536-46.20 Equip. Maintenance 11,496
, .
(10) TOTAL 11.496 11.496
JUSTIFICATION:
To transfer money from the Renewal and Replacement Equip. Replacement Program
capital account to the Equip. Maintenance account to fund an emergency expenditure
of $11.496.00 to Durchase a reDlacement agitator drive comDonent for the
Vacuum SludQ'e . nl? '1<'; 1 rør #? <>r rhø W::>l ør '1' 1>1<>nr
Department Head ______ Asst City Manager _._·____.___4_
Finance Director ____ -_._" _ "++_.-. .- . --. -.- _. City Manager -- _ _ H_ .__. ..._._"_.. _... __
I
I
(11) Budget Revision Date ________________ p 2) Control Number --_.---
(13) Period -------- (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9'. /'l - MEETING OF MARCH 7, 1995
AWARD OF BIDS AND CONTRACTS
DATE: MARCH 3, 1995
This is before the Commission to approve the award of the follow-
ing bid:
1. Bid award - to Rolling Shield, Inc. , for furnishing and
installing hurricane shutters for the north wing of City
Hall, with funding in the amount of $24,024.73 from the
General Construction Fund - Capital Outlay - Buildings
(Account No. 334-6111-519-62.10) , through budget transfer
from Prior Year Surplus (Account No. 334-0000-301-34.00) .
Agenda Item No, ? II I
AGENDA REQUEST
Date: February 27, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: March 7, 1995
Description of item (who, what, where, how much): Staff request
City Commission accept and award a bid from Rollinq Shield, Inc. in
the amount of $24,024.73 for material, labor and installation of
Hurricane Shutters for the north winq of the City Hall Facility.
Funding is available in the General Construction Fund, Building
Account #334-6111-519-62.10.
ORDINANCE/RESOLUTION REQUIRED: Not Required
Recommendation: Staff recommends City Commission award bid to
Rollinq Shield, Inc. for North Winq Hurricane Shutters - City Hall
Facility in the amount of $24 024.73.
Department head signature: ø,;(j;{..__ú~.JJ 2j¡/f'"
Determination of Consistency with Comprehensive Plan:
Ci ty Attorney Review/Recommendation (i f applicable) :
Budget Director Review (required on all items involving expenditure
of funds): e
Funding available: ES 0
Funding alternative (if app~icable)l I'
~~~~~~: ~~i:~ce:~ðá11?1~~1~1 ~~ ~~~7iW) þW ell')'
City Manager Review:'~,\ .".t- 1 7 ' '. '-' ·l'
Approved. for agenda: ~/NO (;tV ,~/LéCZ. /JJ .:'~. ,f4L'-C::iS-
Hold Untll: . /. . r. '- / '.
\. --1 -r-' ~. .' '-t-
.. / ~ ,J'-I~H'_.,,- ,'. / '. L·C' l-~-f'Xr-
Agenda Coordlnator Rev lew: ~ '-'V &'. Lc ¡.. \.
Received: --f"i 'ií. -h-t-- -1/JLi'.j . .
Placed on Agenda: J-1:,{.)·i.~-(;~'-t'X--.>__ Y ¡'*-. ¿: l~.L~""~
Action:
Approved/Disapproved
\esd\9419\agreq307
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: José Aguila ~
Asst. Constr tion Manager
Date: March 1, 1995
Subject: AGENDA REQUEST
Hurricane Shutters - North Wing City Hall
Project No. 94-19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On February 13, 1995 the City received eight bids on Hurricane
Shutters for the North Wing of the City Hall Facility (see attached
bid tabulation) . Following receipt of the bids staff and the
consulting engineer reviewed the submittals and found that three
( 3 ) out of the eight ( 8 ) bidders complied with the specified code
requirements for impact loads. Rather than rejecting the bids, all
eight bidders were asked to provide any additional cost necessary
to meet the required codes and once this was factored in, the
original low bidder remained the low bidder. Attached is a letter
reviewing this item and a recommendation from the engineer.
Staff recommends the award of bid to Rolling Shield, Inc. in the
amount of $24,024.73 for Hurricane Shutters for the North Wing of
City Hall, as adjusted to comply with specifications.
Funding is available in the General Construction Fund, Building
Account #334-6111-519-62.10.
cc: William Greenwood
File 94-19 (A)
\esd\9419\agmem307
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~\.\'\' ~ ~ GEE & JENSON
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- ~<v~ Engineers-Architects-Planners, Inc.
One Harvard Circle
West Palm Beach. FL 33409
Telephone (407) 683-3301
February 24, 1995 Fax (407)686-7446
Mr. Jose Aguila
Assistant Director of Construction
Environmental Services Department
City of Delray Beach
100 Northwest 1 st Avenue
Delray Beach, FL 33444
Re: City of Delray Beach - City Hall North Wing Hurricane Shutters
Service Authorization: #10,
City Project No: 94-19
Dear Jose,
We are in receipt of the Bid Tabulation package for the North Wing Shutters, and have
reviewed the contents.
It appears that only three (3) of the eight (8) bidders submitted proposals in compliance
with the stipulations of the drawings and specifications calling for conformance with
certain sections of the South Florida Building Code, 1994 Broward County Edition. These
stipulations were added to the bid documents in order to cover the newest impact testing
and product approval requirements for hurricane shutters.
During our fOllow-up correspondences with most of the bidding companies, it became
apparent that the special Code requirements were simply "overlooked", probably due to
the shutter industry's general lack of experience in dealing with engineering specifications.
The low-bidder for the combined Base and Alternate was Rolling Shield, Inc. at
$21,224.73. However, while attempting to acquire their Product Approval for Large
Missile Impact Test & Cyclic Wind Pressure Test, as required by the above referenced
Code, we discovered that Rolling Shield was one of the five bidders who did not bid the
required "approved" design. Further correspondence with Mr. Littel of Rolling Shield
indicated that the price increase for the required shutter would have been $2.00 per
square foot, or about $2,800.00 total, added to the Base bid amount.
Our reference check on Rolling Shield, Inc. indicates a first rate company.
The increase of $2.00 per square foot is at the low end of the range verbally quoted to
us for the difference between the standard shutter blade, and the blade specified. Some
suppliers quoted cost increases of up to forty (40) percent.
n
City of Delray Beach
Attn: Mr. Jose Aguila
Re: City Hall North Wing Hurricane Shutters
February 24, 1995 - Page 2
We recommend, therefore, that the City of Delray Beach award the Base and
Add Alternate contract, adjusted by $2,800.00 to Rolling Shield, Inc., for the sum of
$24,024.73.
CEP/gmw
TABULATION OF BIDS
BID #95-16
CITY HALL NORTH WING
February 13, 1995 HURRICANE SHUTTERS
r Rollix Wrono
International Enterprise
Inc. Corp.
Base Bid - $ 17,290.00
Exc1usj,ye of *
Shutter Cabinets ~ $ 18,203.00
Alternate Bid -
Includin~ $ 24,790.00 No Bid
Shutter Cabinets
Comments / Acknowledged Acknowledged Acknowledged * Bidder's
Exceptions Receipt of eceipt of Receipt of Alternate -
Addendum 1,2, & Addendum 1, 2 Addendum 1, 2, & Wrona proposes
3 3 3 to install the
accordion
shutters above
the stucco bands
where they exist
and to follow
ZI 77.+.',> planned method
of installation
7- <bOO.oO where there are
no binds above
14,02 Lf-·'3 openings. Ex-
ception is taken
to all reference
to ANSI/AAMA
302.9 and sub-
section 2.02
Item E and any
and all referenc
where they may
appear in specs.
All other specs.
shall be met
including all
references to
Brwd. Cnty. Cod
Shutter cabinet
~are not oart Qf
-ili1~ hid.
Acknowledged
receipt of
addendum 1, 2,
&3
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TABULATION OF BIDS
BID 1195-16
. CITY HALL NORTH WING
February 13, 1995 HURRICANE SHUTTERS
I All Broward Seaview All Weather Crawford
Hurricane Panel Industries, Inc. Control, Inc. Tracey Corp.
Company
Base Bid - $ 21,650.00 $ 22,330.00 $ 26,366.00 * $ 29, 151. 00 *
Exclusive of
Shutter Cabinets (see altemate bids)
Alternate Bid - $ 26.300.00 $ 24,295.00 $ 28,866.00 * $ 51,221.00 *
Including
Shutter Cabinets
Comments I Acknowledged Acknowled receipt * New Code Shutter * Bid is qual-
(Vented) White or Hied that
Exceptions Receipt of of Addendum 1, 2 Bronze E.S.P. Paint
Addendum 1,2 & 3 & 3 New Code Shutter
Guarantee is for serves as
10 years, mat- (Non - Vented) isolator as
White or Bronze - alternate to
erials and work- $ 23,819.00 (ex- Bituminous Paint
manship. elusive of specified.
Isolation Tape - shutter)
we use magnetic $ 26,319.00 (In-
stainless steel
screws. (non- cluding shutter)
magnetic is too Original Shutter
brittle) (Vented) White
Our shutter is or Bronze -
.060 aluminum $17 ,829.00 (ex-
extrusions clusive of
meet all Dade shutter )
Cnty codes. $ 20,329.00 (In-
Seaview does not cluding Shutter)
offer a spring 60 day completion
load locking bar.
We have a key of the work.
lock mechanism. Stainless steel
Isolation Paint - sleeve anchors
Not applicable. will be used to
install the
shutter - ref.
1. 02 submittals
Acknowledged
receipt of
Addendum 1,2, &
3
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q. A - MEETING OF MARCH 7, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 3, 1994
Attached is the Report of Appealable Land Use Items for the
period February 20 through March 3, 1995. It informs the Commis-
sion of the various land use actions taken by the designated
boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
~ £CS/Vw ~ .e. I E..D 4-0
,:/\
!':h/Î
~ .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
D@~~RECTOR
THRU:
DEPARTMENT OF PLANNING AND ZONING
tC0~Ä oIk
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MARCH 7, 1995
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 20, 1995 THRU MARCH 3, 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 20, 1995, through
March 3, 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 March 7, 1995
Page 2
PLANNING AND ZONING BOARD MEETING OF FEBRUARY 27, 1995:
* Determined on a 7 to o vote that pet grooming/boarding is
similar to the permitted uses within the Agricultural
District.
The following agenda items which were considered by the Board
will be forwarded to the City Commission for final action.
* Recommended approval (7 to 0) , of the abandonment of the
right-of-way for a portion of an alley lying within Block
1, Osceola Park, located between S.E. 5th Avenue and S.E.
6th Avenue.
* Recommended the initiation of Comprehensive Plan Amendment
95-1 (7 to 0).
* Recommended approval (4 to 2), of a conditional use request
for Casale Marble Imports, an ornamental stone cutting
facility, located at the southwest corner of S.W. 17th
Avenue and S.W. 7th Street.
* Recommended approval (6 to 0) , of conditional use requests
associated with the establishment of the Northern Trust
Bank within the Central Business District and an attendant
parking lot in the Community Facilities District.
* Recommended approval (6 to 0), of an amendment to the Land
Development Regulations regarding the reconstruction of
non-conforming residential structures in a post-disaster
situation.
Other non-appealable items considered by the Board:
* Initiated an amendment to the Land Development Regulations
which would allow Home Occupations in all Single Family
Residential Districts (R-1-A).
* Failed to initiate an amendment to the Land Development
Regulations which would allow retail and office uses within
the Mixed Industrial and Commercial (MIC) to be increased
up to 50% of the floor area of the total building.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 22,
1995
A. Approved (5 to 0), a request for a color change to an
existing awning for Delray Art and Framing Center,
located on the north side of East Atlantic Avenue
between N.E. 3rd Avenue and N.E. 4th Avenue.
City Commission Documentation
Appealable Items Meeting of March 7, 1995
Page 3
B. Approved ( 6 to 0) , a modified landscape plan f or the
Linton Square Shopping Center, located at the
northeast corner of Linton Boulevard and Congress
Avenue.
C. Approved (6 to 0) , the elevations for a perimeter
fence to enclose a vacant lot currently owned by the
Drug Abuse Foundation at 2702 North Federal Highway.
D. Approved (6 to 0) , the architectural elevation plan
and landscape plan associated with the construction of
a new pool bathhouse at Pompey Park, located at the
southwest corner of N.W. 10th Avenue and N.W. 3rd
Street. The site plan has been approved
administratively as a non-impacting modification.
E. Approved (6 to 0) with conditions, a minor site plan
modification, landscape plan and architectural
elevation plan associated with a 1,500 sq. ft.
building addition to the body shop structure at
Sherwood Pontiac Body Shop, located on the west side
of Federal Highway, approximately 300' north of Avenue
ifF" (Fladell's Way). Concurrently, the Board granted a
reduction to the open space requirement from 25% to
18%.
F. Approved (6 to 0) with conditions, the site plan,
landscape plan and architectural elevations for
CoTran, a bus terminal facility located at the
northwest corner of Congress Avenue and N.W. 1st
Street. Concurrently, the Board granted waivers to the
sidewalk requirements and right-of-way requirement
from 60' to 50' for N.W. 1st Street. The Board
also recommended that the City Commission waive the
requirement to provide terminal landscape islands at
the end of two parking rows and a 5' landscape strip
between parking tiers (within the bus parking area
only) .
HISTORIC PRESERVATION BOARD MEETING OF MARCH 1, 1995
1. Approved (6 to 0) , with conditions a Certificate of
Appropriateness, site plan and landscape plan,
associated with a building addition and construction
of an off-site parking lot for St Paul's A.M.E.
Church. Concurrently, the Board granted a reduction
to the required perimeter landscape setback from 10'
to 5' along the north, south and west boundaries of
the off-site parking lot.
Additionally, the Board considered the following
non-appealable item relating to this project.
Approved (6 to 0), Variance 88-35 reducing the side
setback from 10' to 6'6'.
City Commission Documentation
Appealable Items Meeting of March 7, 1995
Page 4
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
LOCATION tJAP FOR
CllY COMMISSION tJEETING
or MARCH 7, 1995
l-30 CANÞ.l
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_________.1.1>- _ _1_ --4l _
l-38 CANAl
s..P .R.A.B. : tLP .8.:
CITY LIMITS -.-.-.---
A. - D£J.RAY ART &r f'RoWINC C£N1ER I. - 51. PAUL AWE CHURCH
B. - LINTON SQUARE
I UILE ~ C. - DRUG ABUSE FOUNDATION
I D. - POMPEY PARK
SCALE E. - SHERWOOD PONTIAC
BODY SHOP ADDmON
N F. - C01RAN
-
CITY OF DELAAY BEACH, Fl
PlAKNINC DEPÞ.RThIENl
-- DIOITAL flIAS£ IIAP SYSTEM --
·
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #- 9f3 - MEETING OF MARCH 7. 1995
CONDITIONAL USE APPROVAL/NORTHERN TRUST BANK
DA TE : MARCH 3, 1995
This is before the Commission to consider a request for conditional
use approval to establish Northern Trust Bank at the southwest
corner of East Atlantic Avenue and Palm Square in the Central
Business District ( CBD) , with an attendant parking lot on property
zoned Community Facilities (CF) .
The proposal is for the construction of fa two-story, 10,791 sq. ft.
office structure, including a drive-through window on the south
side of the building, a fountain at the main entrance (northwest
corner) , dumpster enclosure and landscaping improvements. A total
of 32 parking spaces, including two handicap and four compact
spaces, will be provided, with the four compact and 12 standard
spaces proposed for the lots which are zoned CF. Please refer to
the staff report for a full analysis of the development proposal.
The Planning and Zoning Board formally reviewed this item at a
public hearing on February 27, 1995. Three residents of the Palm
Square area spoke in support of the use, but also expressed concern
regarding increased traffic. After consideration, the Board voted
6 to 0 (Golder absent) to recommend approval of the conditional
use, subject to the conditions stated in the staff report.
Recommend approval of the conditional use for Northern Trust Bank,
based upon positive findings and subject to the conditions
recommended by the Planning and Zoning Board.
ref:agmem015
c}\
CITY COMMISSION DOCUMENTATION ,1t,/ì
L.
TO:
THRU:
NING
FROM:
SUBJECT: MEETING OF MARCH 7,1995 CONDITIONAL USE APPROVAL
FOR A BANK (NORTHERN TRUST) IN THE CBD ZONING
DISTRICT. AND A PRIVATE PARKING LOT IN THE CF
DISTRICT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is approval of a
Conditional Use request for a bank with a drive-through window
in the CBD zoning district and an associated parking lot in the CF
district, pursuant to LOR Section 2.4.5(E)(1).
The subject property is Lots 4-8 and 42-46 of Palm Square (an
unrecorded plat), a 0.66 acre parcel located on the southwest
corner of Palm Square and E. Atlantic Avenue (former Patio Delray
site).
BACKGROUND:
The subject property formerly contained a restaurant with an associated parking
lot (Lots 4-8 and 44-46) and a single family structure (Lots 42-43). The single
family structure and the restaurant (Patio Delray) were damaged by fire and
subsequently demolished. The site has remained vacant since that time.
The majority of the site (Lots 4-8 and 45-46) is zoned CBD (Central Business
District). The remainder of the site (Lots 42-44) was rezoned to RM with the
Citywide Rezoning associated with the adoption of the LDRs in 1990. In 1992
the City Commission approved a petition to rezone Lots 42-44 to CF (Community
Facilities) and a conditional use to accommodate a parking lot on Lots 42-44.
On March 18, 1992, the Historic Preservation Board approved a COA and a
Variance to permit a commercial structure with a courtyard dining area (Patio
Shops) and associated landscaping and parking on the site. The project was not
constructed and the approvals expired in September 1993.
The current proposal is for the construction of a two-story 10,791 square foot
office structure. The first floor will house offices for the Northern Trust Bank and
the second will be tenant space. The proposal also includes:
City Commission Documentation
Conditional Use Approval ~ Northern Trust
Page 2
o Twelve covered parking spaces, including one handicap space;
o One uncovered handicap space;
o Fifteen standard parking spaces;
o Four compact parking spaces;
o Drive through window on the south side of the building;
o Dumpster enclosure;
o A fountain located at the main entrance (northwest corner) of the
structure; and
o Associated landscaping improvements.
The four compact parking spaces and twelve of the standard spaces are
proposed to be located on Lots 42-44, which are zoned CF. The attached P&Z
staff report contains a full analysis of the proposal.
P&Z BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on February 27, 1995.
Three residents of the Palm Square area commented on the proposal. All three
stated their support for the use, but also expressed concerns regarding traffic in
the area. After a brief discussion, the Board voted 6 to 0 (Golder absent) to
recommend approval.
RECOMMENDED ACTION:
By motion, approve the Conditional Use request for Northern Trust, based upon
positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter
3 (Performance Standards) of the Land Development Regulations and the
policies of the Comprehensive Plan, and subject to the following conditions:
o Approval of a site plan in general conformance to the submitted sketch
plan.
o Approval of a reduction of required right-of-way width by the Site Plan
Review and Appearance Board.
o Approval by the City Commission of $18,000 in in-lieu fees to offset
the deficit of 3 parking spaces.
o Approval by the City Commission of a landscape waiver for the
elimination of the required hedge and trees in the landscape buffer
adjacent to the covered parking (along Palm Square).
o Maintenance of the proposed Silver Buttonwood hedge in the
perimeter landscape area at a minimum height of 5'.
Attachments:
0 P&Z Staff Report
Y:\CCDOCS\NORTHERN
:>·LANNING & ZONING BOARD
~ITY OF DELRA Y BEACH --- STAFF REPORT ---
EETING DATE: FEBRUARY 27, 1995
GENDA ITEM: V.B.
TEM: CONDITIONAL USE REQUESTS TO ALLOW THE ESTABLISHMENT OF A BANK IN THE CENTRAL
BUSINESS DISTRICT (CBD) AND AN ATTENDANT PARKING LOT ON PROPERTY ZONED
COMMUNITY FACILITIES (CF). THE SUBJECT SITE IS LOCATED AT THE SOUTHWEST CORNER
OF EAST ATLANTIC AVENUE AND PALM SQUARE.
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iENERAL DATA:
Owner............................................ Patio Associates Limited Partnership
Applicant........................................ Bert Handelsman
Agent........ ..................... ................ Digby Bridges
Bridges, Marsh and Associates
Location......................................... On the southwest comer of E. Atlantic Avenue and Palm Square.
Property Size................................. 0.664 Acres
City Land Use Plan........................ Commercial Core
City Zoning.................................... CBD (Central Business District) and
CF (Community Facilities)
Adjacent Zoning................... . North: CBD
East: CBD and CF
South: RM (Multiple Family Residential - Medium Density)
West: CBD and RM
Existing Land Use.......................... Vacant
Development ProposaL................ Conditional use approval for a 5,489 square foot bank building
with a drive-through window and 5,302 square feet of tenant office
space, attendant parking and landscaping, in the CBD district.
Conditional use approval for an associated parking Jot in the CF
district.
Water Service............................... Proposed extension of an 8" water main from an existing 8" water
main stub located 444' to the south of the site.
Sewer Service................................ Existing 8" sewer main traversing the site. V. B.
.
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The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval for a bank with a
drive-through window in the CBD zoning district and an associated off-
site parking lot in the CF district, pursuant to Section 2.4.5(E).
The subject property is Lots 4-8 and 42-46 of Palm Square (an
unrecorded plat), a 0.66 acre parcel located on the southwest comer of
Palm Square and E. Atlantic Avenue (former Patio Delray site).
The subject property formerly contained a restaurant with an associated parking lot
(Lots 4-8 and 44-46) and a single family structure (Lots 42-43). The single family
structure was damaged by a fire in 1979 and subsequently demolished. The restaurant
(Patio Delray) was damaged by a fire in 1989 and demolished. The site has remained
vacant since that time. .
The majority of the site (Lots 4-8 and 45-46) has been zoned CBD (Central Business
District) since the inception of the district in 1972. The remainder of the site (Lots 42-
44) was rezoned to RM with the Citywide Rezoning associated with the adoption of the
LDRs in 1990. In February 1992 the Planning and Zoning Department received
development applications for the subject property. Those applications included:
· A petition to rezone parcels 42-44 to CF (Community Facilities);
· A conditional use application to accommodate a parking lot on parcels 42-44;
· Application for COA 8-172 for an 11,736 square foot commercial structure
with a courtyard dining area and associated landscaping and parking.
· HPB Variance #88-25 for a reduction in perimeter landscape setback
requirements in the CF district from 10' to 8'.
The City Commission approved the rezoning and conditional use at its meeting of
March 11, 1992. HPB approved the variance and COA at its meeting of March 18,
1992. The approved project was not constructed and the approvals expired in
September 1993.
The current proposal is for the construction of a two-story 10,791 square foot office
structure. The first floor will house offices for the Northern Trust Bank and the second
will be tenant space. The proposal also includes:
.
Planning and Zoning Board Staff Report
Conditional Use Approval - Northern Trust
Page 2
· Twelve covered parking spaces, including one handicap space;
· One uncovered handicap spaces;
· Fifteen standard parking paces;
· Four compact parking spaces;
· Drive through window on the south side of the building;
· Dumpster enclosure;
· A fountain located at the main entrance (northwest comer) to the structure;
and
· Associated landscaping improvements.
The four compact parking spaces and twelve of the standard spaces are proposed on
Lots 42-44 which are zoned CF.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
Lots 4-8 and 45-46 have a Future Land Use Map Designation of Commercial
Core and a zoning designation of CBD (Central Business District). Pursuant to
Section 4.4.13(0), banks and other financial institutions are conditional uses in
the CBD zoning district. The CBD zoning district is consistent with the
Commercial Core Future Land Use Map Designation.
Lots 42-44 have a Future Land. Use Map Designation of Medium Density
Residential and are zoned CF (Community Facilities). Pursuant to Section
4.4.21 (D), a commercial parking lot is a conditional use in the CF district. The
CF zoning district is consistent with all Future Land Use Map Designations.
The current conditional use application includes; a bank with drive through
window in the CBD district, and a parking lot in CF. Based on the above, a
positive finding can be made.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service as
established within the Comprehensive Plan. For sewer and water, concurrency
shall mean that direct connection to a functioning municipal system is made. For
streets(traffic), drainage, open space (parks), and solid waste concurrency shall
be determined by the following:
. the improvement is in place prior to issuance of the occupancy permit;
.
Planning and Zoning Board Staff Report
Conditiona1 Use Approval - Northern Trust
Page 3
. the improvement is bonded, as part of the subdivision improvements
agreement or similar instrument, and there is a schedule of completion in
the bonding agreement;
. The improvement is part of a governmental capital improvement budget; it
has been designed; and a contract for installation has been solicited.
Traffic:
The submitted traffic study indicates a total trip generation of 938 average daily trips
(ADT). None of the roadway links within the 1 mile radius covered currently operate
below LOS uO" or will operate below LOS uO"after the addition of trips from this
development. Final approval of the traffic study is pending a complete review by the
Palm Beach County Traffic Engineering Oivision. However no traffic concurrency
problems are anticipated.
Water:
Water service will be provided to the site via a proposed 8" main extension in Palm
Square. The proposed main will be extended 444' north from an -existing 8" main stub
in Palm Square and will replace an existing 2' main. The main will be looped with a
second existing 2" main on the west side of the Palm Square right-of-way.
Fire suppression will be available from a proposed fire hydrant in the Palm Square
right-of-way across from the site, approximately 145' south of Atlantic Avenue.
Sewer:
Sewer service is available from a 6" main which traverses the site. No extensions or
upgrading will be necessary to serve this development proposal. However, an
easement is· required for the main on the site.
Parks:
Park dedications do not apply to nonresidential developments.
Solid Waste:
Expected trash generation for a 10,791 square foot office building is 58,271 pounds per
year. That rate of generation is lower than the rate for the previously approved use
(retail and restaurant mix) and has been anticipated by the regional assessment of
solid waste generation.
CONSISTENCY Compliance with peñormance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
.
Planning 3nd Zoning Board Staff Report
Conditional "use Approval - Northern Trust
Page 4
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
LDR Section 2.4.5(E)(5) - Conditional Use Findinas:
In addition to provisions of Chapter Three, the City Commission must make
findings that establishing the conditional use will not:
a) Have a significantly detrimental effect upon the stability if the neighborhood
within which it will be located;
b) Nor that it will hinder development or redevelopment of nearby properties.
The proposed office use in the CBD district is located in a commercial district and
surrounded on all sides by existing development. The proposed use is somewhat less
intense than the existing commercial uses to the north, east, and west. Both the
proposed structure and use are complementary to the surrounding commercial uses.
The building will eliminate an existing "hole" in the fabric of Atlantic Avenue and
replace it with an attractive structure similar in scale and intensity to adjacent buildings.
The proposed office use improves the compatibility of the site with adjacent properties
in comparison to permitted retail and/or restaurant uses, by the nature of the use which
is a daytime only, Monday-Friday business. Also, the proposed office use in the CBD
is much less intense than many permitted uses in the CBD district (e.g., restaurants,
lounges, retail uses) and will therefore have less potential effect on nearby residential
properties.
The proposed parking lot in CF is bordered to the south and west by a residential
district. Efforts have been made through the proposed site plan to buffer the lot from
the adjacent residential district. Those provisions include a 1 Q'landscape buffer with
trees (or palm groups) exceeding the minimum requirement, a hedge (3' tall at time of
planting), and a masonry wall (west and south property lines only). The proposed
hedge should be maintained at a minimum height of 5' in order to sufficiently screen the
lot from nearby residential properties. If that condition is met the proposed buffers will
prevent the lot from having a detrimental effect on the residential area.
Per Comprehensive Plan Future land Use Element Policy C-4.1, the Central Business
District -(CBD) zoning district regulations shall facilitate and encourage rehabilitation
and revitalization and shall, at a minimum, address the following:
. deletion of inappropriate uses
. incentives for locating retail on the ground floor with office and residential
use on the upper floors...
Although that policy refers to the wording of the CBD district regulations, the intent of
the CBD zoning district is to facilitate development of the downtown with a mix of uses
with a pedestrian orientation. To further that aim, banks are conditional rather than
·
Planning a~d Zoning Board Staff Report
Conditional Use Approval - Northern Trust
Page 5
permitted uses in the district. Although the Comprehensive Plan clearly favors retail
rather than office uses åt the street level, office uses are not prohibited. As all required
conditional use findings can be made, the proposed use meets the intent of this policy.
Staff reviewed the objectives and policies of the adopted Comprehensive Plan
and identified the following applicable policies:
Traffic Element Policy C-1.1 Through and nonresidential traffic travel shall be
limited and/or restricted in stable residential areas.
Access to the parking lot for the proposed development is from Palm Square, a local
residential street. Traffic increases on this street were identified as a potential problem
during review of the Patio Shops development in 1992. At that time some residents of
the street requested that the City block Palm Square south of the entrances to parking
lots for Patio Shops and Busch's restaurant. A traffic analysis performed at that time
indicated that the traffic volume on the street would be appropriate for a residential
area, even after the addition of trips generated by the Patio Shops. The City
Commission considered a temporary closure of Palm Square at its meeting of May 26,
1992. At that time the Commission directed that the street remain open to traffic until
the Patio Shops were constructed, in order to allow for an analysis of actual traffic
impacts created by the development. As the current proposal has a somewhat smaller
potential trip generation than did the Patio Shops proposal, the issue of street closure
can be handled in the same manner.
Traffic Element Policy D-2.2 Bicycle parking and security facilities shall be
required on all new development which occurs past June 1, 1990.
A proposed bicycle rack is not shown on the submitted site plan. Provision of a rack is
a condition of site plan approval.
Coastal Manaaement Element Policy B-2.1 The Marina Historic District shall
embrace principles of historic preservation and economic development in a
sensitive and blending manner -- pict~re the New Orleans Gaslight District on a
smaller scale. See objective C-2 for the specific implementation program.
Coastal Manaaement Element Policy C-2.2 That part of the [Marina] District
nearest to Atlantic Avenue (north portion) shall be redeveloped in a manner which
while keeping within existing character shall provide for a transition in design
and intensity and type of use to the commercial character of the Central Business
District.
The proposed bank building is compatible in terms of scale, density, and design with
other commercial structures in the district. The proposal provides for a transition in
intensity by placing the structure to the front of the parcel with the parking areas to the
rear and providing ample buffering for the adjacent residential properties. Additionally
Planning a~d Zonin.g Board Staff Report
Conditional Use Approval - Northern Trust
Page 6
the bank provides for a transition in intensity from the retail uses to the north and east
to the residential uses to the south of the property.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
Concurrent with this submission, the applicant submitted for site plan and certificate of
appropriateness approvals. Those submissions are the basis for the following review
for LOR compliance.
LDR Section 4.3.4(K) Development Standards Matrix:
The site as proposed meets all setback, height, lot coverage, open space, and building
requirements, as listed in the Development Standards Matrix.
LDR Chapter 4.6 Supplementary District Regulations:
ParkinQ:
The proposed site is deficient by 4 spaces according to parking requirements of the
CBD District. The applicant must gain approval from the City Commission for a request
to use the in-lieu fee rather than providing those spaces at the time of site plan
approval. Approval of, and payment of, $24,000 in in-lieu fees is a condition of site
plan approval.
LoadinQ Areas:
Per LDR Section 4.6.10(C) and (D), office structures with between 5,000 and 20,000
square feet are required to have a loading berth with minimum dimensions of 12' by 30'.
The applicant has proposed a loading area which meets that requirement. However,
the loading area conflicts with a required 20' drive aisle. The Board approving a site
and development plan may waive the loading space requirements. Staff recommends
this solution. The loading space could remain in its proposed location without striping.
This would allow it to function as such during off peak hours at the tenant's discretion.
LandscapinQ:
The site meets all landscape requirements per LDR Section 4.6.16, except in the area
directly east of the covered parking area and the area to the west of the parking lot in
the CF district. The applicant proposes a trellis with Jasmine vines adjacent to the
covered parking, rather than the required hedge and trees. A waiver of this
requirement from the City Commission is a condition of site plan approval.
The site was previously granted a variance for a reduction in the perimeter buffer to the
west of the CF district parking area (adjacent to the 6' X 24' maneuvering area). The
variance runs with the land and therefore still applies to this proposal.
Planning and Zoni'1g Board Staff Report
Conditional' Use Approval - Northern Trust
Page 7
Special Boundarv Treatment:
Where commercial zoning is adjacent to residential zoning, new developments must
provide special buffering. Although the zoning of the southern portion is CF, that
parking area functions as a part of a commercial development. Therefore it is
appropriate that the special buffer be provided. The required buffer consists of a ten
foot landscape area with a 6' masonry wall and a hedge and trees, which meets this
requirement.
Other Issues:
Riaht-of-wav Dedication:
The existing Palm Square right-of-way is 40' wide. The minimum ROW for local streets
is 60', therefore an additional dedication of 10' of right-of-way is required from the
development, pursuant to LDR Section5.3.1(D). The applicant has requested a waiver
of this requirement. The existing right-of-way contains 33' of asphalt and the applicant
proposes to replace the westernmost 5' of the right-of-way with a 5' sidewalk. As no
widenings or other improvements to Palm Square are anticipated, a waiver is
appropriate.
Sidewalks:
The applicant proposed to add a sidewalk in the Palm Square right-of-way, from
Atlantic Avenue to the parking lot entrance. Per LDR Section 6.1.3 the sidewalk must
be constructed through the driveway to the south property line. Extension of the
proposed sidewalk to the south property line is a condition of approval.
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The development proposal is in an area which requires review by the CRA (Community
Redevelopment Agency) and the DDA (Downtown Development Authority). The
proposal is also in the Marina Historic District, requiring review by the Historic
Preservation Board.
Community Redevelopment Agency
The CRA Board reviewed this item at its meeting of January 19, 1995 and
recommended approval.
Downtown Development Authority
The DDA Board reviewed the proposal at its meeting of February 15, 1995 and
recommended approval by a 3 to 2 vote. The two dissenting members expressed a
preference for pedestrian oriented uses in the first floor of structures in the CBD.
Planning al'!d Zoning Board Staff Report
Conditional Use Approval - Northern Trust
Page 8
Historic Preservation Board
HPB reviewed the item at its meeting of February 15, 1995. The Board was unable to
make a formal recommendation regarding the proposal due to a lack of a quorum.
During a discussion of the proposal, Board members expressed concerns regarding
first floor offices in the CBD, but were generally supportive of the proposal.
Public Notice
Formal public notice has been provided to property owners within a 500 foot radius of
the subject property. The Planning and Zoning Department received one letter
concerning the proposal, which is attached as a backup to this report. Any additional
letters received will be presented at the Planning and Zoning Board meeting.
Courtesy Notice
Courtesy notices have been sent to the following neighborhood associations which
have requested notification of development proposals near their property.
. Alieda Riley
Palm Square Homeowners
. Sandra Almy
Beach Property Owners
The proposed conditional use is for the establishment of a bank and attendant parking
in an established commercial area. The use is consistent in scale and intensity to the
surrounding commercial uses and is well buffered from adjacent residential uses. The
proposed conditional use is, in fact, less intense than many permitted uses in the CBD
zoning district. The proposed use is consistent with the policies of the Comprehensive
Plan and Chapter 3 of the Land Development Regulations. Positive findings can be
made with respect to Section 2.4.5(E)(5), regarding compatibility of the proposed use
with surrounding properties.
A. Continue with direction and concurrence.
B. Recommend approval of a Conditional Use request for Northern Trust based
upon positive findings with respect to Section 2.4.5 (E)(5) (Compatibility),
Planning and Zonil'!g Board Staff Report
Conditionaf Use Approval - Northern Trust
Page 9
Chapter 3 (Performance Standards) of the Land Development Regulations and
the policies of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use request for Northern Trust based
upon a failure to make positive findings.
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Recommend approval of the request for Conditional Use for Northern Trust, based
upon positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3
(Performance Standards) of the Land Development Regulations and the policies of the
Comprehensive Plan, and subject to the following conditions:
· Approval of a site plan in general conformance to the submitted site plan.
· Approval of a reduction of required right-of-way width by the Site Plan
Review and Appearance Board.
· Approval by the City Commission of use of the in-lieu f~e to meet the deficit
of 4 parking spaces and payment of $24,000.
· Approval by the City Commission of a landscape waiver for the elimination of
the required hedge and trees in the landscape buffer adjacent to the covered
parking (along Palm Square).
· Maintenance of the proposed Silver Buttonwood hedge in the perimeter
landscape area at a minimum height of 5'.
Attachment: Site Plan
Elevations
Landscape Plan
Location Map
Letter from Mary Woodin
Report Prepared by Jeff Perkins. Planner
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·
Newport Place
4735 NW 7th Ct--314
Lantana, FL 33462
2/19/95
The Planning Dept
City Hall
100 N'v'{ 1st
Delray Bch, FL 33444
To the Committee
relative to your letter r~ "Conditional Use" of
the property at the corner of Atlantic and Palm Square, by Great
Northern Bank:
As owner of 29 Palm Square, directly opposite the proposed bank
site, naturally I am in favor of the best possible use of the land.
This may well be occupancy by Graat Northern.
I appreciate your research and concern for the city's point of view.
As heretofore, the residents' main consideration is the generation
of increased traffic on an already over used street with a dangerous
intersection at the north end.
The possi bili ty of exi ting to 7th Avenue and, thenc.e to a traffic-
light-control at Atlantic is something previously discussed. It
might be recon,sidered as a viable option this time around.
You certainly know better than I do the feasibility of making the
street pattern one way instead of the two way short cut it has become.
1,,/ e 'lay peo~Üe' have to defer to your expe~ience and knowledge of the
pros and cons of these su¿gestions; but please bear in mind, we are
also dependin~ on your innate fair appraisal of :oth hazards and ad-
vantages of his new proposal.
You have done so well--and over many unseemly obstacles, I may say--
with the Busch parking that I am sure we can trust you to insure suit-
able restrictions and safe guards with the Bank's parking lot.
Personally, I would like to have the formerly residential parceLdir-
ectly in line with my propert~ screened by at least a six foot heége
or appropriate planting of cOQparable screen~ng v21ue.
However the aesthetics concern ~ the residents of Palm Square. 'ili th-
out exception all are try; ng to maintain or ir:rprove therir property. 'de
simply ask, if this goes through, that the Bank will be re~uired to con-
form to the est,blished ambiance of the nci~}:borhood.' If this is (Jone
it is even possible that Great Northern and <;he residents may both feel
privileged to exist side by side.
CC Mayor Tom Lynch Sincerely,
City Mgr David Handon rn 4J'7~ \...U t.= C J../, "n
Alida Riley, ¡{evin ScanIons, RF Howells ;.Jary E '.1codin
Jess Soward£, (tei.an-ts) - residents- ~1P""F'11\ 'fir' .
- I c-,' ."., L"
l.{ ; :-;. \ ::-:~:..:a:... \j. 1 ¡-; I' !
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~ ~()
L'C~ ¡~2 1995
,LU
PLÞ.f\!~·PNG & ZONiNG
...
r (
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
.'
j: \. ~'; ~
2'ë REPL Y TO:
65 Palm SquaY"e
. .1., t·' Delray Beach, Florida
~ ...1.. ,. ;'..
33483
FebY"uary 24, 1'3'35 ',.n'
TO THE MEMBEF.:S OF THE DELF.:AY BEACH PLANN I Ni:3 AND ZONING BOAPD:
The Planning and Zoning Board staff r epo'( t of May 18, 1'3'32 (when the Pat i 0:0
Shops at Atlantic and Palm Square were being discussed) contained the follow-
ing statement: "In a residential ¿'It- ea, the residential chaY"acter of a stY"eet
is significantly deteriorated when the street carries oveY" 2,000 daily
vehicles."
According to the planner for the current Northern Trust project, In April
1 '3'32, there were 2300 daily trips cln Palm Square. The Northern Tr ust project
is p r oj ec t ed to generate '338 new tri.ps per day, which puts it far above 2,000.
There are no notes available r:tn the traffic study done by the city of 'Oelray
Beach in 1'3'32, only a diagram with net dates Clt'" number of day,=" counted.
It does not seem prudent for your board to grant a conditional use without
doing updated traffic counts on Palm Square and at the intersection of Atlan-
tic and Palm Square--a very dangerous area at present.
Please c onsi del' the following alternatives to r-elieve the traffic p r ob 1 em:
1. Pequiring an entrance -3.nd e:,; it from the bank to Seventh Avenue, which
would ë\l so allow for parking In the city lot on 5th Avenue, wi th traffic
routed thY"ough a commeY" c i al a'rea not a histoY"ic, single-family neighboY"hood
'..Ji th a narrow stY"eet (where there IS oft en on-street parking by residents and
the it- guests) .
vJhen this project IS complete, pëurking will be a pY"oblem. Northern Trust
does not have adequate parking. The emp 1 oy(~es of Buschs' restaurant, who no',.)
use the Northern Trust lot, will have to be diverted el sewher'e. Buschs' is
also planning an e~;pans i on for- wh i ': h they do not have p ,,on- k i '-Ig spa.ces.
.I.-- Closing Palm Square at the north end with a landscaped cul-de-sac between
the commerc ial and resident ial ar-ea would be a solution that the residents
wholeheartedly endoY"se.
':> Another alternative would be making Palm SquaY"e a one-way street heading
.J.
south. It is presently a two-way "short cut" for- hundr (?ds of vehicles day and
night.
Please come to this area and spend a little time to e:,;per ience our' situation
fir-st-hand.
Most sincerely,
Al Ìf?da N. Pi I ey, Ch air man
I: C : Tom Lyn.: h, Mayor"
David Ha'( den, City Mar"¡¿'\iJF'r
'"
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
REPL Y TO:
~t::" Palm Square
bJ
March t::" 1'3'35
J, Delray Beach, Florida
TO THE MAYOF.: AND MEMBEF.:S OF THE C:ITY COMMISSIor\! : 33483
FE: NOPTHEPN TFWST PEQUEST FOF.: CONDITIONAL USE ( CO F.: NEF.: PALM SQ. / A TLANT I c:: AVE. )
We know Northern Trust would be a good neighbor, however there is a problem
that needs to be addressed In order to keep the relationship friendly.
The bac k--up information states that "the Ci ty Commission must make findings
that establishing the conditional use wi 11 not: (a) have a signi ficantly
detrimental effect upon the stability of the neighborhood within which it wi 11
be 1 oc at ed. " The added traffic WILL have a detrimental e f f e,: t cln the Marina
Hi,=,toric Dis;tr ict.
The F' a t i 0 Shops (which received permits for this land In 1 '3'32) had a pr oj ec t E'cI
8G4 di:Ü I y trips, and this project has .:\ projected '338 da il y trips. Due to thE?
': ur rent traffic conjestion at Atlantic and Palm Square, most customers will
c:.v,:, j d t h ,'::It intersection and enter and e>,: it the bank e ~/:': 1 us i vel y by traveling
tJ ¿,': k ar1d f,:,'r'- th along F'al m Square.
T h,.o ': 1 t Y has not done .:\ traffi,: .= ount 1:ln F' ¿,1m Squ¿-ü- e -~ 1 í¡ ': e Ç,pril/May 1 '3'32. AI)\!
those figures and notes are not available. Buschs' has e):panded with a
",.idewal k cafe and is planning to double the ': over ed dining area fa,: ing the
Int'r'a--Coastal. They have nCI additional parking fo¡-- these e~/:pansions and Nor t h--
e'rn Trust IS four spaces short.
CC1nsequent 1 y, there will be a par-king problem a5 well as a traffic probl em.
I don't believe a r-esponsible planning depar-tment would ~'3 i t by and not take
not icE' of the pr-oblem that already e~/:ists ern F'al In Square and streets to the
south fr-om the heavy "short-cut" traffic. On t1ar ': h " 1 '3'35 , from 4:30 p. m. '1.:: '=1
'::',
5: 15 p.m., just 45 minutes, 70 vehicles passed through F'al m Square.
As some argue, it is a public street, but IS it gc,c,d planning to funnel that
mLl': h traffic through an historic residental district when there IS a four-l aílF'
highway (U. S. 1) just two blocks away-::'
Please cons i der a cul-de-sac cln Palm Square, between the residential and C clm---
rnerical pr oper t y---be for e you grant this I:onditional use.
1lwyèP~ I ¡1 ,
Alieda N. Riley, Cha~
cc: David Har-den, c:: i t Y Manager
F.:andee !31:,lder, C:hair-man, Planning and Zonií,g Board
3/10/95 cc: CitY. C.}.erJi.:
Diane Dominguez õ~
,
RECEIVED
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIA1/0N
OELRA Y E3EACH. FLORIDA . .AR 1 0 1995
CITY Mil ^' . -.~,,, mnCF
65 Palm Square
Del ray Beach, Fl,:.r ida,
March '3, 1'3'35
TO THE MEMBEPS OF THE HISTORIC PRESERVATION BOARD:
Attached please find c c.p i es cd letters sent by us tCI the Planning and Zoning
Board and to the City Cc.mm i ss i cln ab,:.ut c·ur concerns in c c,nnec t ion .....ith the
Northern Trust devel c,pment at the cor ner of Palm Square and Atlantic ')venue.
The 1 et t er s are self e);p 1 an at c,r y.
We .....ou l..d also like to have the drainage problem on the Buschs' I"estaurant
parking lot, .....hich drains onto Marine Way, addressed bef.:ore another parking
lot IS pel"mitted.
As to the .jasmine on the f r on t clf the covered par king at the Nc,r t her n Trust
building, it .....ould not be adequate. There should be a shield of shrubbery
there, as called for in the code.
The east side of the PI" ,:,p.:.sed parking 1 ot , zoned "Community Facjlity," should
have a .....all and shrubbery, as it faces residential pl"operty.
Please give serious con£_deration to a cuI de sac on Palm Squal"e. We need this
done because in the past t.....o years:
1) The islenad .....as r emc.ved fl"c,m Atlantic Ave. , giving all the "shol"t-,~ utters"
easy access to Palm Squal"e.
2) Buschs' was e);panded and a large parking lot added.
3) Buschs' added an outdc,,:or cafe.
4) Buschs' has plans for further e~';pansion with no additional pad:: ing.
5) Northern Trust will add '338 veh i c 1 e trips per day tCI Palm Squal"e, which is
74 more than the pl"eviously pel"mitted Patio Shops projected.
When .....e all wOl"ked to designate this an historic district, '..,Je oc·oended upon
the Hi<:=.tor ic Preservation Board to protect the historic charac\,ì'=1" ..:of our
neighbor-hoods. A cuI de sac ......:'ul d do that.
The city successfully put a cuI de sac cln Di);Íe E~l vd. --al SCI :n ð.n hi~toric
district. We des.er ve the Sëtme treatment.
Sincerely,
Alieda N. PiIey, C:ha i I" man
.: I: : Tc.m Lynch, Më1.yc.r L,.//
David Hat-den, City Manager
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
REPLY TO:
~ c::- F'al m Squaye
t:'J
Maych c::- 1'3'35
J, Delray Beach, Florida
THE MAYOF.: AND MEMBEPS OF THE CITY COMMISSION: 33483
TO
PE: NOPTHEPN TF.:UST PEQUEST FOF.: CONDITIONAL USE (COF.:NEP PALM SQ./ATLANTIC AVE. )
We know Northern Trust would be a good neighbor, however there IS a problem
that needs to be addressed In order to keep the r-elationship hiendly.
The bat:: k--up information st.ates that "the C:i ty Commission must. make findings
that establ ish ing the conditional use 1,..1 ill not: (a) have a signi ficantly
detr- imental e f f ec t upon the stability of the neighborhood within which it 1,..1 ill
be 1 oc at ed . " The added t r a f f i .: WILL have a detr-imental e f f e.: t c'n the Marina
Hist.oyic Distr-ict.
The F'at io Shops (....'h i c h received per-mi ts for- this 1 and 1 r, 1 '3'32) had a pro.j E": t e c:i
8fA daily trips, and this pI' oj e.: t has .?, projected '338 daily trips. Due to thE?
cur-rent traffic C ctnj est i cln at Atlantic and Palm Square, most customers 1,..1 ill
,;"VO] d that intersection and enter and e:.,; it the bank e~;;c 1 us i vel y by travel1r'Ç1
b ¿,.: k and f.:, r t h along F'al III Square.
The city has n·:.t done a- t -,- a f f 1 ': ': ·:,un t .:In F' c:, 1 m S q U é< .,- e .::; 1 íll: e r,pr ] 1 /May l'j'32. AI", ,.J
those figures and notes are n,:·t available. Bus.: hs' has e~;;panded with a
c::.idewalk .: a fe and IS planning t ':. d·:·ub 1 e t.he .: .:.vey ed dining ayeë\ fa·: i n g the
I n t (' a -. C: 0 a s· tal . They have nCI addItional parking f o¡-- these e:;;pans Ions and Ne,( th
ern Tr ust IS four sp a,: es short.
Consequently, there will be a parking problem a~· well ac; a traffic probl em.
I don't believe a responsible planning department would sit by and not take
not.ice of the py-oblem that. aly-eady e:;:ists cln Palm Squaye and st.reet.=-, to the
south from the heavy "shor-t-cut" traffic. On May.:h --, 1'3'35, from 4:30 p.m. t r.~(
oJ,
5: 15 p.m. , just 45 minutes, 70 veh i ': 1 es passed thr·ough F'al m Square.
As some argue, it IS a pub 1 i.: street, but IS it gc.c.d planning t .:. funnel t hc:;" t
much traffic through an historic yesidental district when theye IS a füuy -1 2r-,F'
highway (U. S. 1 ) just two blücks awa/-::'
F'l ease consider a cul-de-sac cln Palm Square, between the res.ident ial and com h.
meri.:al property--before you grant this cond it iona.l use.
Sincerely,
Alieda N. Pi 1 ey , C:h air man
cc: David Harden, City Manager
F.:andee Golder, Ch a i I' man, Planning and Zoning Board
".",',. .. .-." ~
"--'--'- ,. .. ~..··,·....·_"-........u__
PALM SQUARE - M,A.fqlNe \NAV ~.AeO'NNeM6 A~~e!.l\'ÎION
OELR.4. Y 8E::ACH, FLC'410A
65 Palm Squë\l"e
Del (':'1Y Bt,~ac h , FloYida
33483
Febr-uaY'Y 24, 1'3'35
HEPL Y TO:
TO THE MEt'ŒEPS OF TI-H::: DFL.F:AY BEACH PLAN!\! I NCJ AND ZON 1 NI3 BO{''¡PD:
The Planning and ZQning Board staff r- ep Ci)' t of May 18, 1 '3'3'2 (when the F'at io
S'10PS at Atlantic and Palm SquarE' ....Ier e heing discussed) ': ont a i ned the f Ct 11 C"..I'-
ing st at em¡.?nt : "In a o?sident ial D.Y'ea, the Y esident ial ,=haracter- of a str-eet
i ~5 ó;ignificccHltly det Pi"" i 01" ¿,It: F'd c..'h£'f1 the str ef'~ t carr 1e'3 \,~!\/e'r' 2,000 dèÙ 1 Y
veh i c I f~S. "
According t.: Ct the pI an!'ìF"; f Co';' the C IXI' r en t Nor' they n TY"ust Pi':' ) e c t , ln Apr' 11
1 '3'32 , t her E' wey' e 2300 daily trips on Palm Squ,'.\re. The N,y theyn Trust pY" c,.j 12':: t
js pY" oj ec t ~~d to generate '::r38 nf?W ty. ips per' d.:~y, wh i ': h pi \t ,; it f2T .3bove 2,000
There are nc· notes available cln the traffic study done by thp city of Delray
Beach In 1 '3'32, only c':\ diagram .....ith no:) datE''':; or numb!::.'Y I~' f ,'i'~<ls courlted.
It dO~2S not: seem prudent f ,:,t- y::::,ur b':'2\Y'd tc< ÇJídl-jt a C ()f" (j i ";:: i :~n~~, 1 i~,tSE' \"!ithout
doing upd¿Ü ed traffic c uunt ~:: crn F',;:\l m SqUi:H t:~ ¿Hld c3,t thr·\ J.:It;E.~rSf?ct ion c,f Atlan-
tic and F'al (Jì Sq ua'r ~?-. -, ¡;:, Vr:::>ry dan<Jprous aI' ea, dt presf=,nt"
PI eaSt' ccn<;::ide1" the f ,:::,1 1 ç, \" i f'; q 31 tE'f'r'iat ive~: tu 'r E? 1. i E\/F..? thl:: h'dffi,:~ p',,-obl em:
L Pequl( In'J a.ll (-?["¡ t '( ~':i n ::~ f? .::..nd E_~ :-:.: i t ~ 'r- !'~:q'n t hi': ::).3n~ t..:., Sp c.';¡tì--j (:,VFlIlUP, ',.)h i c h
would ¡:, 1 ~~:,Ct 611,:::,1,.,1 for pay ¡. i ng :1. f< thE' Cltj 1. cli '::011 5th i'-' ../ (.? i-I U f.:' , .....i.th tr'¿dfl':
1- u t eCJ through a C ommc-:'1'- I::: i ,31 3( €~a not ie' ill",: t ':'1' i c , <;=. i n g 1 E!- f am j 1 y n~:.:; i ghbor- hoe,d
th a nar í O'N ~,.tr-ef.?t I.: '.vh F'\' F? tnE't'IC2 IS c¡ fr' f.:::!r"¡ on -st \'. eet p'''~'( k l nçï by n:"sldents ancl
,.hf.?ir- guest ,;:;) "
When this pl'oject 1 :::). c ,:,rnp ll't: E' ¡ P ¿:I t· kin q IN ill be a prç,bJ E:'m. No)' theY" n Trust
doe':::; nl:,t h.3 'Ie ,;\dequatí:" p{~·ï-kir'!·;,~. The Pif'P 1 ':OYf,;',?S ':. f Bus.: h::;' l' est auY" ant, wheo no'..J
use thE' Northet-n T Y" Lì'", t lot, ''''¡ ill have t (. be d i vel' f; i::.?d else<",'he.,.-e. Buschs' IS
al '':;0 ploJ.nning <:In e>ip¿111<:;j,:,n for' ....'¡-, i ç h thpy c!,,::o r}()"t h¿tve p,H-kinq sp <3.': e','5.
<- . Cl CiS i r\Ç;l Palm SqU¿H e at t: h f~' f,orth end .....ith .:"\ 1 andsc ap¡?d cul-dE'-'::;ac between
the COmmE?I'C ial and Y' (?s i d(,?nt i ,:Ü dr f'?a we,u 1 d bE' E:\ sol ut i C'II that the \,- es i dent s
wheo]ehE:'artedly en dOl" se.
.-, An <:::,t; hpr alteY"n2tivc:< '..JouI d bE' mal:: i nçl F' ,::\ 1 rn Square a <:::on e ., '..J ;;:1.:'1' s t \" f?et heading
.:'.J .
c1ut:r) .. I; lS p ,- e<::pr, t 1/ :-~ t \.,.1("1--",',,' ~~, Y II ~:;!ìC'r t ': ¡.J t: II t ç¡Y' h u. n cl '¡-~ ~:'_:~ C,'¡ I;:::. I:::' f \/~~h i c 1 f;!S'; day and
';1. q ~··:t .
F' 1 t·:~ as'> e ': CimE:o to thi~, <::\ ì" {'::.> i:; ,::\lid ~=:,pE'r',d ,'I 1 it t \ '''.' t: ¡ ,nt',' tCI E? :1; j,) F' r ten ':. e ,:::,ur" si tL\at ion
f i Y ';õt --h,3nd.
\"k,~::t ';;;lno::eY"ely,
;\l:i':.>d=:¡ "'J.. Pilt:!y, (::h,"\ i ¡' m,'1n
¡r' .. Te,rr: L/n:h, M<'.yor ;;~-.. .
DaVld ~-j.:\ 'f" den, Citv " d n ¿\ s;¡ Ct-
~ .
,
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # e¡.~ - MEETING OF MARCH 7. 1995
CONDITIONAL USE APPROVAL/CASALE MARBLE IMPORTS
DATE: MARCH 3, 1995
This is before the Commission to consider a request for conditional
use approval to allow the establishment of an ornamental stone
cutting facility on 1.65 acres of land zoned I (Industrial). The
property is located at the southwest corner of S.W. 7th Street and
S.W. 17th Avenue, just east of the I-95 corridor.
The proposal involves the conversion of an existing 5,630 square
foot warehouse/industrial building to a stone cutting facility,
including 1,452 square feet of office and showroom space, with the
remainder being storage and cutting areas. The proposal also
includes a 10,864 square foot outside storage and loading area
which will be enclosed with a slatted chain link fence and hedges.
The Planning and Zoning Board considered this item at a public
hearing on February 27, 1995. While there was no public testimony
against the proposed use, there was discussion between the Board
and the applicant concerning the requirements for screening the
storage area and landscaping the vacant portion of the property.
After consideration, the Board voted 5 to 2 to recommend that the
conditional use be approved, subject to the conditions outlined in
the staff documentation. It should be noted that the two
dissenting votes were based on objection to the imposition of
condition #4 requiring improvements to the vacant portion of the
lot, and not to the proposed use.
Recommend approval of the conditional use for Casale Marble Imports
to establish an ornamental stone cutting facility, subject to the
findings and conditions recommended by the Planning and Zoning
Board.
ref:agmemo13
-r
. , ~' "\
[~1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: b~~1~TOR
DEPARTMENT 0 PL NN G AND ZONING
FROM:
SUBJECT: MEETING OF MARCH 7, 1995
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH AN ORNAMENTAL STONE CUTTING FACILITY (CASALE
MARBLE IMPORTS), LOCATED AT THE SOUTHWEST CORNER OF
S.W. 17TH AVENUE AND S.W. 7TH STREET, APPROXIMATELY
1,000' NORTH OF S.W. 10TH STREET.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish an
ornamental stone cutting facility (Casale Marble Imports)
on a parcel of land zoned I (Industrial).
The subject property is located at the southwest corner of
S. W. 17th Avenue and S. W. 7th Street, approximately 1,000
feet north of S.W. 10th Street, and contains 1.65 acres.
BACKGROUND:
Casale Marble Imports is seeking to establish an ornamental
stone cutting facility at the property formerly occupied by EBB
Van Lines (a moving and storage company) which vacated the
property in November, 1994. Subsequently, East Coast Auto
Marine briefly occupied the building and recently vacated the
site.
The development proposal involves the conversion of the existing
5,630 sq. ft. warehouse/industrial building to a stone cutting
facili ty with 1,452 sq. ft. of office/showroom, a 3,954 sq. ft.
storage area and a 224 sq. ft. cutting area. The proposal also
includes a 10,864 sq. ft. outdoor storage and loading area which
will be enclosed with a slatted chain link fence and hedges.
city Commission Documentation
Meeting of February 27, 1995
Casale Marble Imports
Page 2
The proposed facility will fabricate imported marble/granite
tiles and slabs for table, vanity, and counter tops as well as
wholesale tile and finished products. Processing and storage of
finished products will occur within the structure while the
marble slabs are to be stored outside. The main equipment that
will be utilized includes a marble saw, fork lift, boom truck
and edging machines. An analysis of the request is found in the
attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of February 27, 1995, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. There was no public testimony objecting to the
proposed use. However, the applicant had concerns with the
conditions of approval outlined in the staff report as they
related to screening the storage area and landscaping the vacant
portion of the property. With respect to the storage area, the
applicant requested that a hedge 2' in height at the time of
planting be provided, rather than a 4.5' high hedge, and that
the trees be provided every 30' instead of 25' . The basis for
the request was the cost involved to purchase the trees and
mature hedge material.
With respect to the southern portion of the property, which is
vacant, the applicant objected to the condition to provide trees
along with hedges and sod on the east side of the property
adjacent to S.W. 17th Avenue (see page 4 of the P & Z Staff
Report for a discussion of the area) . Instead, the applicant
proposed to install bollards to prevent vehicles from adjacent
properties from parking on the parcel. The basis for the
request related to installation as well as long term maintenance
costs.
After reviewing the staff report and considering the applicant's
requests, the Board voted 5-2 to recommend that the Conditional
Use request be approved subject to the following conditions:
1. That a site plan modification application be submitted
pursuant to Section 2.4.5(G} of the Land Development
Regulations, which addresses the "Items of Concern"
identified in the Staff Report;
2. That the storage area fence be 8' in height and the
equipment and material stored outside be limited to a
maximum height of 8';
3. That adjacent to the storage area, hedges be provided 2.0'
in height at the time of planting and trees (l2' minimum
height) 30' on center;
4. That along the east side of the south portion of the
property trees be installed every 30' along with hedges and
sod, or that an alternative solution acceptable to staff be
provided; and,
city Commission Documentation
Meeting of February 27, 1995
Casale Marble Imports
Page 3
5. That either a monitoring well be installed or documentation
provided from DERM that a well is not required.
It should be noted that the two dissenting votes (Young and
Bonardi) were based upon an objection to the imposition of
condition #4, for improvements to the vacant portion of the lot.
The Board members supported the proposed use but felt the
applicant should not have to landscape the vacant property.
RECOMMENDED ACTION:
By motion, approve the Conditional Use request to establish an
ornamental stone cutting facility (Casale Marble Imports)
subject to the findings and conditions as recommended by the
Planning and Zoning Board.
Attachment:
* p & Z Staff Report and Documentation of February 27, 1995
JC/Y:CCCABALE.DOC
1
'0 PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: FEBRUARY 27, 1995
AGENDA ITEM: V.A. CASALE MARBLE IMPORTS
ITEM: CONDITIONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF AN ORNAMENTAL
STONE CUTTING FACILITY - CASALE MARBLE IMPORTS LOCATED WITHIN THE
INDUSTRIAL (I) DISTRICT AT 750 S.W. 17TH AVENUE.
AI
:;)
Z
III
> .~
c
GENERAL DATA:
Owner..:.................Robert Case
Lessee...................Wa1ter Casale,
Casale Marble Imports
Agent....................Roy M. Simon, Architect
Location.......~.........Southwest corner~~ S.W. 17th
Avenue and S.W.7 Street,
approximately 1,000 ft. north
of S.W. 10th Street.
Property Size............1.65 acres.
City Land Use P1an.......Industria1
City Zoning..............I (Industrial)
Adjacent Zonlng...North: OS (Open Space)
East: I
South: I
West: HIC (Hixed Industrial and
Commercial) and CD
(Conservation) - Across 1-95
Existing Land Use........Existing 5,630 sq.ft.
warehouse structure.
Proposed Land Use........Establishment of an ornamental
stone cutting facility within
the existing structure along
wlth a 10,864 sq. ft. outside
storage area.
Water Service............Exlsting on site. V.A.
Sewer Servlce............Existing on site.
I T E M B E FOR E THE BOARD:
The action before the Board is making a recommendation
to the City Commission on a request for Conditional
Use approval for an ornamental stone cutting facility
(Casale Marble Imports), pursuant to Section 2.4.5(E).
The subject property is located at the southwest
corner of s.w. 17th Avenue and s.w. 8th Street,
approximately 1,000 feet north of S.W. 10th Street and
adjacent to 1-95.
B A C K G R 0 U N D :
The subject property is unplatted and contains 1.65 acres. The
property is improved with an existing building and asphalt
parking areas.
The existing building was constructed in 1980 pursuant to the LI
(Light Industrial) zoning district regulations. The building
has been occupied by EBB Van Lines, Inc. (a moving and storage
company) . With the Citywide Rezoning of October, 1990, the
subject property was rezoned from LI (Light' Industrial to I
(Industrial). The property was vacated by EBB Van Lines in
November, 1994 and briefly occupied by East Coast Auto Marine,
which recently vacated the site.
On January 6, 1995, a request (application) for Conditional Use
approval was submitted to establish a stone cutting facility on
this site, and is now before the Board for action.
PRO J E C T DES C RIP T ION :
The development proposal involves the conversion of the existing
5,630 sq. ft. warehouse/industrial building to a stone cutting
facili ty with 1,452 sq. ft. of office/showroom, a 3,954 sq. ft.
storage area and a 224 sq. ft. cutting area. The proposal also
includes a 10,864 sq. ft. outdoor storage and loading area which
will be enclosed with a 6' high chain link fence.
The proposed facility will fabricate imported marble/granite
tiles and slabs for table, vanity, and counter tops as well as
wholesale tile and finished products. Processing and storage of
finished products will occur within the structure while the
marble slabs are to be stored outside. The main equipment that
will be utilized includes a marble saw, fork lift, boom truck
and edging machines.
There will be a staff of 5-7 employees with hours of operation
between 8:00 a.m. to 6:00 p.m. , Monday thru Friday. The
facility will not operate on Saturdays and Sundays.
"
P & Z Board Staff Report
Casale Marble Imports - Conditional Use Approval
Page 2
CON D I T ION A L USE A N A L Y S IS:
FUTURE LAND USE MAP The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of
Industrial and a zoning designation of I (Industrial). The
Industrial zoning designation is consistent with the Industrial
land use designation. Pursuant to Section 4.4.20(D)(14}, within
the I zoning district, an ornámental stone cutting facility is
listed as a Conditional Use. Based upon the above positive
findings can be made with respect to consistency with the Future
Land Use Map.
(CONCURRENCY Facilities which are provided by, or through, the
City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan. ,
This proposal is the introduction of an industrial use into an
existing industrial structure. Traffic volumes and trash
associated with the proposed stone cutting operation will be
similar to that generated by the previous storage (warehouse)
operation. No additional demand for services or facilities will
be created by this development.
CONSISTENCY Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
policy was found.
Conservation Policy A-l.l: The practice of monitoring
groundwater conditions through installation of monitoring wells
shall be continued. In addition, monitoring wells are to be
installed for non-residential land uses which locate within zone
3 around the series 20 and eastern wellfields. Provisions shall
be made for data from these private monitoring wells to be used
in the City's on-going monitoring efforts.
The County Wellfield Protection Ordinance, administered by the
Department of Resource Management (DERM), determines whether or
not monitoring wells are required for any property. The
P & Z Board Staff Report
Casale Marble Imports - Conditional Use Approval
Page 3
applicant has notified DERM of this proposal. Installation of a
monitoring well or written confirmation from DERM that a well is
not required has been attached as a condition of approval for
this project.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
The subject property is bordered on the south and east by the I
zoning district; on the north by the OS (Open Space) zone
district; and to the west, across 1-95, by the MIC (Mixed
Industrial and Commercial) and CD (Conservation District) zone
districts. The properties south, east and west of the site are
currently developed with industrial uses. The property to the
north is currently vacant and owned by FDOT (1-95 right-of-way).
The proposed use will occupy an existing industrial building in
an existing industrial area. Compatibility with the surrounding
properties is not a major concern. However, the proposed
outside storage on the south side of the building area is
adjacent to 1-95 and s.w. 17th Avenue. The proposal is to
screen it with a 6' high chain link fence with slats around the
storage area. Additional screening, as discussed further under
"Outside Storage", will need to be installed. ,
With installation of improvements as described in this report,
the proposed use should not have an adverse impact on the
surrounding area nor should it hindér development or
redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
If the Conditional Use is approved, a site plan modification
submittal complying with the Land Development Regulations will
follow. Along with the Conditional Use request, a sketch plan
was submitted and reviewed by staff. Based upon staff's review
of the sketch plan and site inspections, the following "Items of
Concern" were identified. Technical comments which include the
items below, have been transmitted t.O the applicant and will
need to be addressed with the site plan modification.
"
.-
P & Z Board Staff Report
Casale Marble Imports - Conditional Use Approval
Page 4
Loading Area
Pursuant to Section 4.4.20(H)(1), loading and unloading
shall be restricted to side or rear yards and shall be
prohibited within the front yard setback.
The proposed loading area is located within the front yard.
Further, the proposed loading area requires delivery
vehicles to utilize S.W. 17th Avenue as a maneuvering area.
As the loading vehicles must enter/exit the site in a
forward manner, the loading area must be oriented to
provide adequate maneuvering and loading on-site. The
applicant has stated that the plans are being revised to
eliminate the above situation. The loading area will be
located outside the front setback and oriented so that
trucks will enter and maneuver within the storage area.
Outside Storage
Pursuant to Section 4.6.6(C)(2) (Outside Storage),
materials and equipment stored outside must be screened
from view from adjacent public rights-of-way in a manner
approved by the Site Plan Review and 'Appearance Board
(SPRAB).
The outside storage area is not adequately screened from
adjacent properties and right-of-way. Along the west side
of the storage area, a fence should be installed which
corresponds with the edge of pavement. Also, additional
screening can be easily accommodated by installing hedges
at a minimum 4.5' in height at the time of planting and
trees (14' minimum height) every 25' on the perimeter of
the storage area. Further, the fence height should be
increased to 8' and the materials and equipment within the
storage area should not be stacked higher than 8'.
South Portion of the Property (Vacant Area)
The south 178 feet of the property is currently vacant,
however, adjacent businesses (mostly auto repair) park
vehicles on the property which is a code violation. In
order to prevent vehicles from parking on the property, a
solid barrier should be installed. Therefore, with this
development proposal, it is recommended that a hedge and
trees every 30' along with sod and irrigation be installed
adjacent to the right-of-way. Typically, when a portion of
the property is not being developed, it must be seeded or
sodded and irrigated, including the swale area. As a
compromise, staff is suggesting that the above landscape
improvements be installed, and that the balance of the
vacant property remain in its current condition.
P & Z Board Staff Report
Casale Marble Imports - Conditional Use Approval
Page 5
REVIEW B Y o THE R S .
.
The development proposal is not within a geographical area
requiring review by the DDA (Downtown Development Authority) or
the HPB (Historic Preservation Board).
Community Redevelopment Aqency:
At its meeting of January 26, 1995, the Community Redevelopment
Agency reviewed and recommended approval of the development
proposal.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a site plan modification
submittal will follow. Final action on the site plan submittal
rests with SPRAB (Site Plan Review and Appearance Board) . The
site plan must accommodate concerns raised through the
conditional use analysis.
Public Notice:
Formal public notice has been provided to propérty owners within
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting.
ASS E SSM E N T AND CON C L U S ION S .
.
The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. The "Items of Concern" will be addressed during
the site plan modification process. Positive findings with
respect to Section 2.4.5(E)(5) (Compatibility) can be made
provided the outside storage area is adequately screened from
public rights-of-way and adjacent properties.
ALTERNATIVE ACT ION S .
.
A. Continue with direction and concurrence.
B. Recommend approval of the Conditional Use request for
Casale Marble Imports based upon positive findings with
respect to Section 2.4.5(E}(5) (Compatibility), Chapter 3
(Performance Standards) of the Land Development Regulations
and the policies of the Comprehensive Plan subject to
conditions.
C. Recommend denial of the Conditional Use request for Casale
Marble Imports based upon a failure to make positive
findings with respect to Section 2.4.5(E)(5)
(Compatibility).
·
.-
P & Z Board Staff Report
Casale Marble Imports - Conditional Use Approval
Page 6
RECOMMENDED ACTION:
Recommend to the City Commission approval of the Conditional Use
request for Casale Marble Imports (ornamental stone cutting
facility) based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5 (E){5) (Compatibility)
of the Land Development Regulations and the policies of the
Comprehensive Plan, subject to the following conditions:
1. That a site plan modification application be submitted
pursuant to Section 2.4.5(G) of the Land Development
Regulations, which addresses the "Items of Concern"
identified in the Staff Report; and,
2. That the storage area fence be 8' in height and the
equipment and material stored outside be limited to a
maximum height of 8';
3. That adjacent to the storage area, hedges be provided 4.5'
in height at the time of planting and trees {14' minimum
height} 25' on center;
4. That along the east side of the south portion of the
property trees be installed every 30' along with hedges and
sod; and,
5. That either a monitoring well be installed or documentation
provided from DERM that a well is not required.
Attachment: Sketch Plan
Floor Plan
Y:PZCASALE_DOC
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GEE&JEr'~SON I D : 407-686\" 7 446' MAR 07'95 16:48 No.018 P.Ol
n GEE & JENSON
Fn(ltnI:l8rt:-ArchitactP,l- ,>llInneT'$. Inc:.
O¡\GII IQIVIiII( Cilcht
Wit", f)Hlrn RltHc:h, FI :\Mn¡:¡
ielephone (407) 683-3301
March 7, 1995 rQX (~O'!) 686-/4"6
Dan Beatty, City Engineer
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Re: East Atlantic Avenue Beautification
Preliminary ISTEA Cost Estimate
Dear Dan:
FDOT has reviewed our preliminary estimate for this project and has given their
preliminary verbal approval of 8 modified !STEA funding list for the referenced
project. This list is still subject to final review and has not been released by FOOT.
It has been given the initial approval by District 4 staff. The total eligible for
funding is $1,050,000, which is in excess of the $1,000,000 available from
FHW A.
We will keep your office appraised of any modification of the ISTEA funded items
for this project should they be changed. It is apparent, however, that we should be
able to utilize 100% of the FHWA funds available for this project.
Very truly yours,
W. ~.J s-\-ÚVJ~~r
W. Richard Staudinger, P.E.
WRS/ln
93040.22/98
cc: Bill Groenwood
Mitch Thomas
Nancy Devllla
Joe Borello
Joe Yesbeck
Fu. Fa (_
I
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ>t1
SUBJECT: AGENDA ITEM # c¡./) . - MEETING OF MARCH 7, 1995
LOCAL AGENCY PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION FOR EAST ATLANTIC AVENUE
DATE: MARCH 3, 1995
This is before the Commission to consider the Local Agency Pro-
gram Agreement with the Florida Department of Transportation to
allow the City to coordinate the bidding and construction of the
East Atlantic Avenue project.
The F.D.O.T. will provide a list of items which will be funded
through the Federal Intermodal Surface Transportation Efficiency
Act (I.S.T.E.A.) . Upon receipt of the items and the dollar
amount, they will be incorporated into the agreement.
·
Agenda Item No.: 9·/)·
AGENDA REOUEST
Date: March 1- 1995
Request to be placed on:
--Ã-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 7. 1995
Description of item (who, what, where, how much): Local Aaencv Proaram Aareement
between the Citv of Delrav Beach and the Florida DeDartment of TransDOrtation to
allow the Citv to coordinate the biddina and construction
coordination/insDection of the East Atlantice Avenue proiect. (proiect # 93-68\.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aDDroval of the Local Aaencv Proaram Aareement
Department Head Signature: //tI#Æ~ -~~Wt~
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~;J)
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda31.kt
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, ~
City Engineer
,.
DATE: March 1, 1995
SUBJECT: AGENDA REQUEST
LOCAL AGENCY PROGRAM AGREEMENT
EAST ATLANTIC AVENUE
PROJECT NO. 93-68
Attached is an agenda request as well as a copy of the Local
Agency Program Agreement, between the City of Delray Beach
and the F.D.O.T. to allow the City to solicit bids and
oversee the construction of the sUbject project. The
agreement has been submitted to the City Attorney's office
for review no later than March 3, 1995. Additionally we are
pending receipt of the list of items from D.O.T., which will
be funded by I.S.T.E.A. Upon receipt of the items and
dollar amount we will incorporate them into the agreement.
We are pushing to have that information prior to the
Commission meeting on March 7, 1995.
DB: mm
File: Project 93-68 CD}
DB368301.MRM
\.Jt:E&JE.NSON I D : 407-686-'( 446 . FEE 28'95 11:35 No.015 P.02
Ii\:hibil 11.2.1
I
I
'''-'IKII)A )liI'^KHtI oN ' (II' '11C^"'!oõI"I1IT^1111N I'IIIIN'~I~
LOCAL AGENCY PROGRAM AGREEMENT C()N!.·nuJCnON . 0)190&
~I,(IO
.-
WPI No: Fund: .SAMAS Approp:
Function: SAM AS Obj.:
Job No: Federal No: Org. Code:
- Contract No: Vendor No,:
_..~
:; .
THIS AGREEMENT, made and entered into this day of
19_, by and between the STATE 01" FLORIDA DEPARTMENT OF TRANSPORTATION. an agency t)f the State
of Florida, hereinafter called the Dc..-P8r1mcnt. and
hereinafter ca1led the Agency.
w t T N E SSG T H:
WHEREAS, [he Agency has the authority to enter into said Agreemcnt and to undenakc ¡he project liercinaftcr described,
i\nd the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transponation system and is authorized under 334.044 Florida Statutes
to enter into this Agreement;
~". NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agrce
.! a.~ follows: :
-....
1.00 Purposc of Agreement: The purpose of this Agreement is and as further dc...cribed in Exhibit(s) :
attached hereto Imd by this reference made a part hereof. hereinafter c::aUcd the project. and to provide Departmental
IÏnancial rcimburl'~ment to the Ag~'ßcy and stale [he terms and c:onditions upon which such reimhul'S.:tncnI will be
provided and the undcn;tundings as to the manner in which the project win be uT\úerlak~n and completed.
2.00 Ac:compUstuuent or the Projc..act:
2.01 General Requiremeuts: The Agency shall commence. and complctc the proj\.'Ct as described in EXIIlBIT "^" with
all practical dispatch. in a sound. ecunomical, and efficient manner. and in accordance with the provisions herein. and
all applicable laws. The project will be performed in accordance with all applicable Department procedurc'!;. guidelinc,;.
manuals, standards. and directives 3S described in the Department's Local Agency Program Manual.
^ fun lime employee ofthc Agency. qualified to ensure that the work being pursued Îs complete. accurate. and consistcnt
with the terms, conditions, and specifications of this agrecment shall be in responsible charge of each project.
1.02 Exl)ir..dnn or Agreement: The:: Agency agrees to complete the project on or before
If the Agency does not complcte the projcct within thi$ time: period, this-Agreement will expire unless an extension of
the time period is requested by the Agency and grantcð in writing by the Distric::t Secretary. District
prior to the expirntion of the agreement. Expiration of this Agreement will be consiùc.:red termination of the projec¡ and
the procedure c.'\Hlhlishcd in paragraph tUJ2 of this Agreement shalt he inhiatcd.
2.031"tn;u:mt to (t"cdcr.aI, Stutc, and 1..001) Law: In the evcnt tlml :my electiun. referendum. appruval. rcrlllit. nUlicc:.
{ .,} ur other proceeding or authori7.atinn is requisite under applicable law to enable ¡he Asency to: enter into this ^l?reemcl1I
'-.j or to undertake the project hcreunder, or to observc. assume nr carry out any or the prt>vi...ions of the Agreement. the
Agency will initiate and COMummatc. :1.<; provided by law, nil actionR necc:.'Isary wid, rc:¡:pçct to an)' lIuch maUer); !in
requis;ite.
Gt:E&JENSON ID:407-686-7446 FEE 28'95 11:36 No.015 P.03
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2.04 Funds of the A~ency: The Agency shall initiate and prosecute to completion all proceeding~ necessary including
fcùcr;¡1 ¡lid requirements 10 cnaþJc the Agency to pmvidc the necessary funds for C(""pletion of the projccL
2.05 Suhmission or Pl'OCt'Cdings. Coutl"'.acts and Other I)ocwncuts: The Agcnc.j' 1\1\1\11 submit to the I)cpnrtlnenl such
J:It:\. reports. records. comracts and other documents rclaring to the project as the Department and the Federal Highway
Administratiun I11t1Y require.
3.00 Proj...'Ct Cost:
03.01 Total Cost: The lotal estimated cost of the projccr is $ . This arnounl is based upon
the: cstimme ~uml11ari7.ed in Ex.hihit -n" and hy this refercnce made a part hc.:rcof. The Agency agrees t() hear all expenses
in exec:;s of the tutal cSlil11at~"Ò CO~( \)f Ihe project and any deficits invulved.
3.Q2 Department Parûd¡ndion: The Department agrees to participatc. including contingencies. in the project e()s\ to
Ihe: e"umt provided in l;'xhibit ·'S". attached and made a part hereof. This amount includes ¡"cdcral-aid funds which arc
limited to the actual amount of Federal-aid panicipation.
3.03 Limits 011 Slale l'unds: Project costS c1igîb1e for State participation wj be allowed only from the date of thi$;
Agreemem. It is unde~tood thí\t State participation in eligible project costS is subject to:
a) Lcgi!ilativc approval of the Depanm<.'T1('s appropriation request in the work pmgram year that the project is
~chcdlllcd to be committed; flf"· .,
I ;
h} The understanding that disbursement of funds wit! be made in accordance with the balanced thirty-six (36)
month cash forcca.'u;
c) Availability of funds as stated in paragraph of this Agreement;
d) Approval of all plans. specifications, contracts or other obligating documems and all other terms or lhili
Ag reemem;
<:) Department approval of the projcct scope and budget at tbe time appropriation authority becomes avallablc.
3.04 Appropriation of Fund.o;: The State of Florida's performance and obligation to pay under this Agreement is
contingent upon a.n a.nnual appropriation by the Legislature.
3.05 Multi·Ycar Commitment: In the: event this Agreement is in excess of S25,OOO and has a term for a period o(more
than one year. the provisions or Chapter 339. 135(7)(a). Florida Statutes. are hereby incorporated:
ß(a) The Depanment. during any fiflcal year. shall not e~pend money'; incur any liability. or enter imo
any contract which. by its u:rms involves the expenditure of money" ih excess or the amounts budgeted
as availublc for expenditure during such fiscal year. Any contract. verbal or written. made in violation
\)r (hili SUhgeClion I\hall he nuU and void. and no money shalt be paid (hereon. The Depanment shaU
require 11 :;talcmcnt from the comptrol1cr of the Department that funds arc availab\e prior to entering into
any such contracl or olher binding commitment of funds. Nothing herein shan prevent the making of
contracts for a period exceeding one year, but any contract so made shall be cxecucory onty for the value
of the services to be rendered or aareed to be paid for in succ:eedinS fiscal years, and ·thie paragraph shall
he Încurporated vcrba&im in aU contracts of the Dcpanmcm which are for an amount in excess of twent)'-
(i\'è thousand doUars and baying. a term for ,11 P'=riod of mare than one year. II
~¿Ee.JËNSON ID:407-686-7446 FEE 28'95 11:37 No.015 P.04
I~xhibilll-:!-I
,
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CCIS,.TRI'C'TION . ( ).....
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3.06 LimUs on Feder"'. Participation: Pedc:ral.aid funds shall not participale in any cost which is not incurred in
conformity with applicable Federal and State taw. the regulati()ns 23 C.r-.R. and 49 C.F.R.. and polich:... and proctdur~1i
prc$crihed hy the Division Administr:uor of the federal Highway Administration (FHW A). Federal fund.1i shan nOI he
paid on account of any cost incurred prior 10 authorization by ,he PHW A to the Depar'mcm to proceed with the project
or part thereof involving such cost. (23 CFR 1.9 (a) If FHWA or the Department determines that any amount claimed
is not eligible. federal participation may be åppruval in the mnounl dClcnninc..-d lo be ad<."( uau:ly support cd and shall notify
the local agency. in writing. citing the rc:mmns why it<.'ms and amounts are not. eligible lor federal participation. Where
cnrrectah1e non-compli:mcc with prnvisinn¡; of 1:1w or FHW ^ n:quiremc:nls exist,., federal funds may he wilhheld unlil
compliance is ohtained. Where nl'n-cumpliam.:e is not correctable. FiiW ^ or the Departmcnt may deny participiltion in
parcel or project costs in part or in tolal.
For any amounts dctcnnincd to be ineligible for federal reimbursement, for which the Depanment has advanced pa)'ment,
the Agency shall promptly reintburse the Department for all such amounts within 90 clays or written nOlice.
3.07 Retaina¡e: percent of the Depanmem's total share of participation as shown in paragraph
_ is to l>c held in retainage to be disbursed. at the Department's discretion, on or berore the completion of the final
proj~l audit.
4.00 Project Budget and Disbursement Schedule:
4.01 Tire (Jrojc.'Ct Estimnte: Prior In Ihe c,..cculion of Ihi,. Agrc.:cmc.:nt. II project estimate. ¡;hal1 he: prcparc..-cJ hy Ihe
'.~". Agency éll1d approved by Ih~ DcparuncnL The Agency shall nmÎmain said c¡;limau:. carry OUt the project and shall incur
\;~;) oh1igatiuns against and make d.isbur8cmcnt,. of project funds unly in eonfOrn1i!y will! the latest approved eSlimalC fur lhe
l,,"ujCCl. The cSlinmtc may he: revised hy mutual written agrC~tncnt between the DCpélrlmc:nt .md the Agcncy. If r-,:\'isl.:u.
" cO 'ly (II' the reviNÎon "hould he furwarúcd It> the: D~partment's Ct>mptroller :md tt> the Department's r:cderal Aid
Progmm omcc. No cl>tirnate incrc;a~e or c.ll:Crcase ¡¡hall be effective unlc.o¡s it complies with fund participation
requirements established in Exhibit "B" of this Agreement and is approved by lhe Department Comptroller.
4.02 Schedule of Disbursements: The Agency shall provide the Department with a time-phased schedule of the
Department funds to be expended on the project. This schedule shall show estimated disbursements for the entire term
ofthc project by quarter of fiscal year. The schedule may he divided by project phase where such division is dcu:rmincd
10 be apprc.'prilUc by the Department. Any significant deviation from the approved schedule in Exhibit "a" requires
submission of a supplemental schedule by the Agency.
5.00 Records:
5.01 Eshtblishmcnt und Maaintc:nullcc or Accountån~ Rccords: 'fhc ^gcncy shall establish f~n th~ projecl. in \:onfunnil~·
with unifurm rCl¡uireI11C1\IN CNI:lhlishL-c.I hy DC 'lurtmcnt prugr.un 8uiJdincs/t)fl)ccdurc,. ¡nuJ Gener;.lly ^cl't.'ptcd
G~1vcrnmcnUII AcculIllIillg Sumdmú¡¡ (OAO^S) 14» fileilitiltc the ¡Iùmini¡¡tratinn ufthc: flnancing pro~ram. separate .ICl'uums
IU he m:lint.lined within its cxi,.ting :Icemmlinl:! system ur cstahlish Îndependenl aCcuunl);. Such ¡Iccnunt¡; :1TC n:l'crrcllln
herein cullectively a~ the "projcct i1ccnunl". 'rhe l1rujcct ¡u,:CUUn! IIhall he made avnilahlc upun rcquC!l1 hy the I)cp:arllllent
uny time during thc periud nf' Ihe Af;r\.'Cm~:11t .and fur live yenn¡ ufu:r linal pnymC:n1 ill IUude.
5.02 Costs Incurred for the Project: The Agency shaU charge 10 the projcct accnum al\ eligible c()st.~ nf the prujcct.
" ) Cost.'II in execss of the lalesl approved estÎmate or attributable to actions which have not received the required étppruvlIl
( of the Department 5haU not be considered eligible costs.
........
·GEE&JENSON 1D:407-686-7446 FEE 28'95 11 :37 No.01S P.OS
Exhibit 1I·~:1
!'OR'" ~ 01.0040
c.'()HSnulC'!1OH . 0.1194
I'...",
"" .
,
I.
5.03 l)ucllllU!lltation of Project Costs: All eo!!l!: chargc.."I.! 10 Ihe rrujt:Ct. inc'udin~ any approved ~crvict.~ cuntrihulcd
hy Ihc A~I:III:)' ur ulhcn;. shull he: !!U 1(\OI·lcc.I hy property cxeCUIOO ~ymlh,. time rccnr<.lli. invoices. contraCI!!. or vuuchers
c\'idcncill!! ill pru 1ér c.lc:lail Ihe n:llurc :md flroprielY of the chargc.". .
5.04 Audåt Reports: State highwIIY :'l!~ncie.'ò and local govcrnment agencit."$ which reccive F<.'der-.lI-aid highway funds
shall comply wilh the audit r~quircmcl1ls e!nabHshcd in 49 CPR Part 90.
The Agency !ihall provide to the Departmenl for each of its fiscal years for which the projecl account remains open. an
audit reporl prepared either by its official auditor or audit agency or an independent certified public accountant. reflecting
the use of the funds of LItc I)cpartment. the Agency, and those from any other source with respect to the project. AudiL~
~hall be performed in ¡u.:cordance with generally accepted goverrunent audilin& standards contained in the Standards for
Audil of Governmemal Orp.llnizations Pr02rRms. Activities and Functloo:¡. i~ucd by the U. S. General Accounting Office
.1nd OMß Circulars A-128 or A·133 where applicable. The Agency shall require its auditors to include in their rC('IOft
a ~chc:dulr: of "Iro.i~c.'t assisr:U1cc us de!;crihed in E thibil "A".
5.05 Itec:ol'd Rt'tcution: All records 1ihall be uutÍmained for a pcrioù of three years hcginning after the redera1 Highway
AdminiSlration approves thc final voucher. If any litigalion. claim. ur audit ¡" 5umcd hcfore the eX "Iiration of the 3 year
periud. the records shalt he retained until ~dl litigation. claims. Uf audit fil\dings invulving the r~-cord.'ì have heen fC.l!ulvcd.
( 23 C.P. R. 17 .5)
5.06 Inspection: The Agency shall permit. and shall require its contractors W permit. the Department's authorizcd ,"~'"
representatives and authorized agems of the Federal Highway Administration to inspect all work, workmanship. tnaterials~~' ~.
\ payroll~. records: and to audit the books. records and accounts pertaining to the financing and developmem of the project.
The 1Jc.:partmc:nt reserves the right 10 unilaterally cancel this Agreement for refusal by the Agency, or any contractor, sub.
contractor. or materials vendor, to anow public access 10 all documents, papers, Ictters. or other material subject to the
provision.c: of Chapter 119 Florida Statules and made or rcœived in conjunction with tbis Agreement. (s 287.058(1)(c)
F. S.)
6.00 Requisilions and Paymcnts: Requests for reimbursement for fees or other compensation for services or expenses
shall be submitted in detail sufficient for a proper pre.audit and post·audit thereof. (5 287 .OS9(1}(a) F.S.)
Any request for reimbursement of travel expenses must be submiucd in accordance with section 112.061 [7. S.. The
Department tm,y e.'uahlish rates lower than the maximum provided in section 112.()(\1 F. S.. (s 287..059(I)(h) F. S,)
If. after "Ifujccl cmnpletion. :my claim i~ made: by thc Depann\Cnt resulting from an audit or ror work or scrvicc.'ò
pcrfnm,ed pursuant to this agreement. the Department may offset such amount from payments due for work or services
done unù~r any agreement which It has with the Agency owing neh amount If. upon demand. payment of the amount
is not n"de within sixty (60) days to the Deplnmenl. Offsetting any aanGunt pursuant to this section shall not be
considered a hreach of contract by the Departmcnt.. ." ~.
'7.00 The Dcpartment's Obligations: Subject to other provisions hereof. the L>epanmcnt will honor requests for
reimbursement in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and paymem of the eligible costs. However. notwithstanding any other provision of thi. Agrccmcm. the Deparuncnt may
elect by notice in writing not to makc a payment if:
7.01 Misrepresentation: The Agency I'hall have made misrcprCACntation of a material nature in its application, or 'any
supplement thereto or amendment thereof. or in or with n:~"l:ct tu any document of data furnished therewith or pursuant
h~rcto:
GËE&JENSON ID:407-686-7446 FEE 28'95 11:38 No.015 P.06
lid.¡hil ".2-1
11114101 n.\lHO.411
ntN!õI'MIt("11UN . II)....
I'~~~"'IU
7.07. litigation: There is then pending litigation with respect to the performance by the Agency of any of Íl$ duties or
obligations which may jeopardize or adversely affect the project, Ihe Agreement. or payments to the projcct;
7.03 Approval by Dcpanmcnt: The Agency shaU have taken any action perlaining to the projcct which. under this
agreement, requires the approval of the Department or has made related expenditure or incurred related obHgations
without having been advised by the Department that same are approved;
, .
7.04 Counsel of Interests: There has been any violation of the conniet of intercst provisions contained herein: or
7.05 Default: The Agency hils been determined by the Dcpartmenl to be in default under any of the provisions t\f the
Agreement.
7.06 Federal Participation: 11,c Department may suspend or tcrminate payment for that portion of the project which
the rt.'dcral Highway Administration. or the Dc:panment acting in lieu of the Federal liighwuy Administration. may
designate as ineligible for Federal-aid. (FAIN)
7.07 PI:;allowed Costs; In determining the amount of the payment, the Department will exclude all projects cost!:
incurred by the Agency prior to the effective date of this Agreement or the date of authorization. COSts incurred after the
expiration of the agreement. costs which arc not provided for in the latest approved estimate for the project. and costs
attributable to goods or services received under a contracl or other arrangements which have not been approved in writing
by the Departmcnt.
S.OO 'remlination or Suspension of Project:
", )
~'..J. S.OI 'rermination or Suspension Generally: The Departmcnt may. by written notice to the Agency, suspend any or
all of its obligations under this Agrcc:ment until such time as the event or condition resulting in such suspension has ceased
or becn currected. or the Department may tcnninate this Agreement in whole or in part at any time the interest of the
I)eparunent requires such tenninution.
If the Departmcnt dClcnnine!ô that the perfonnancc of the Agency is not 5atisfnctory. the Department shall have the option
()I' (n) immediately tcnninating thc agreement. or (h) liu!>pcnding thc agreemcnt IInd notifying thc Agency of the deficiency
with a requirement that the dclicilmcy he correçu;:d within ;I. specified time. othcrwillC: the: Agrec:mcnt will he tr.:r&t\inated
ill Ihe end of such time. Suspen!:inn of the contrnct wi11 not affect the time period for completion of the agn,:cl11r.:nt.
If the: Department requires Icrmination of the Agreement for reasuns other than unsatisfaclury rerformance of the agency.
the Department shall notify the Agency of such termination. with instructions as tt' the effective date of termina~ion or
specify the stage of work at which the agreement is terminated.
If the Agreement is terminated before performance is complcted. the agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequcnt to Notice of Termination or Suapension. Upòri'r~'Ccipt of any final termination or ~u lrcn.,ion
notice under this paragraph. the Agency shall proceed promptl)" to carry out the aetion.II required therein which n1ay
include any or all of the followlng: (t) nccessary action to lenninate or su.'pc:nd. as the caKe: m3Y be. project :Ictivitics
¡III\! con¡r¡ac(s mlÙ Nuch mhcr ucliun n¡; natty he n..quin..J nr dCllirnhle tn keep tn the minimun\ the: cnKtx urn" the h:llli,. "I'
which Ute fimmcing is tu be r.:umput~-cJ~ (2) rumÌllh a IIlalc:meUl ~Jr the pruj'-'Ct aetivitics and contractll. anJ uther
undcrtakings the cost of which an: otherwise includable itS projcct costs. The termination t1r lòu:cpcnsinn shall he c:trrie¡J
\ '\ out in conformity with the latest schedule. plan, and CIItimatc as arpmved hy the Depanment or upon the bs:cis uf h:nn"
. and conditions imposed by the Department upon the failure of the Agency to fumilih the: schedule. plan. nml cstimmc
within a reasonable time. The closing out of fuderal financial participation in the project sha\1 not constitute ¡¡ waiver
of any claim which the Depanment n1ay otherwise have arising out of this Agrct.-mcnt.
·,j¿E&JEN SON ID:407-68S':7446 FEE 28'95 11:39 No.015 P.O?
,
.
lixhibU U4.2-1 .
'"'it''' '25.010..11\
ðlN!:ndlcnUN . CI3I94
I...". (0 ..c 10
..'
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'..
9.00 Contracts of the Agency:
9.01 Third Party ARreements: Except as otherwise authorized in writing hy the l)cpartment. the Agency shaH not
execute an)' contract or ubligatc itself in any manner requiring the disbursement of Department joint participalion funds.
including cOI1.'¡uhant or construction contracts or amendments thereto, whh any third party with respcct 10 Ihe project
without thc wrÍlten approval of the Department. raiturc to ohtain :\uch approval shall be :\ufficict\t cause for nonpayment
hy the: I)cpanmem. The Departmcnt specifically rcscrvc:,c; untO itself the right to review thc qualificatiom: of any consultant
nr contT<lclnr JlI1d 10 approve ur di¡¡approve the cmploymenl (If Ihe !>ame.
9.02 Compliance witb Consultants' Competitive Nc¡:otiation Act: It is understood and agreed by lhe ()artics herclo
that pêlnÍl.:ipatiu1\ hy the Der)arllm:nt in a rrojcct with an Agcncy. where ¡¡aid rrujcct involve:\ a con¡¡uUant cuntrm.:t for
t'nginccring. architecture: or !iurveyinS "c:rvices. is contingent on the Agency cumrlying in fun with provillic\ult of Section
2R7.055. Flurida Statutes. COJ)suhanl ¡ Competitive Negotiation Acl. AI Ihe discretion of the Department. the Agency
will involvc thc Department in the Consultant ScleclÌon Process for all projecls. In all ca.c;cs. the Agency's AHorney shall
cenify to Ihe De::paruncJJl that selection has been accomplished in compliance with the Consultant's Competitive
Negotiation Acl.
10,00 Minol'ity Busincss Enterprise (MBE) Policy and Obligation:
10.01 MßE Policy: Jt is the policy of the Department that business enterprises as defined in 49 CFR Part 23, as
amended. shall have the maximum opportunity to participate in the performance of contracts financed in whole orin part
with Department funds under this Agreement. The MBE requirements of 49 CFR Part 23, as am~nded. apply to this i.~~.
Agr~ment. : ~: ;
:
10.02 MBE. ObHgation: The Agenc.y Imd ¡Is contractors agree to ensure thaI keep Business E.nlC:rpriSe8 as defined in
49. C.F.R. r~rl 23. as amended. have the maximum opportunity to participate in the performance of contracls and this
Agreement. In this regard. all recipients. and contractors shall take all nect$&uy and reasonable steps in accordance with
49 C.F.R. Pan 23. as amendcd. to ensure that the Minority Business Enterprises have the maximum opportunity to
compete for and perform contracts. Cirantcc!l, recipÎent. and their conlractOI'5 shall not discriminate on the tussÎs of racc.
color. national origin or sex in the award and performance of Depanmcnt assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or Federal Highway
Administration Funding is a parl of this project. thc Agency must comply with Subpan (8) of CPR 49, Pan 23. as
amended .
11.00 Restrictions, Prohibltioru¡, ConLrots, and Labor Provisions:
11.01 Equal Eanploynlcnt Opportwûty: In connection with the carrying out of any project, the Agency shan not
discriminate against any employee or applicant for employment because of race. age. creed. color. sex or national origin.
Thc Agency will take affirmativc action to ensure that applicants are empt~>:cd. and tttlt employees arc treated during
employmcnt. without regard to their race. age. çreed1 color. lOX. or national ·origin. Such action shall include. but not
be limited to, the (ollowing: Employment upgrading. demotion, or transfer; recruitment or rcçruitmc:nt advcrtising; layoff
or termination: rates of payor other fomu of compensation: and sc1oction for training, including apprenticeship. The:
Agency Jlhall insert the foregoing prC)villion modified onty to show the panicular contractual relationship in aU its contracts
in connection with the development of operation or the project, except conuacts for the standard commercÎal supplies ·01'
raw ma\cTÍals. and shall require al1 such contraC1.ora to insert a lIimUar provision In aU subcontracts. except. subcont.racts
for standard commerciat supplies or raw ,natcrials. When the project involves instaUation, construction. demoUtlen,
removal. site improvc:ment, or similar work. the Agency shan post. in conspicuous places avaUabte to employees and
applicants for employment for projcct work. notices '0 bI: provided by ,he Department settin¡; fonh the provisions of tbe
nuncJi1\crimination clause.
G.EE&JENSON ID:407-686""7446- FEE 28'9S 11:40 No.01S P.08
Ibthih\t \1·2·1
"IRM ~:S'( IO-4CI
C'UNSntU(.TlI)H . UJ/94
I'IIC , fi III
11.02 Title VI - Civil Righlf« Act or 1964: 'l1\C Agency will comply with al1 the requirements imposed by Tide VI of
thc Civil Rights Act of 1964 (78 Statute 252), the Regulations of tbe Federal Department of Tran!òportation issued
thereunder. and the assurance by the Agency pursuant thereto.
The Agency shall include provision.o; in ~I.c:ontracts witb third parties that en¡ure compliancc with Title VI or the Civil
Rights Act of 1964: 49 C¡::R. Pan 21; and related statutes and regulations,
11.03 Debannent: Contractors who are currently suspended, debarred or voluntarily excluded under 49 CFR part 29
or otherwise determined to be ineligible, shall be p:-ohibited from participating in the ¡';cderal.aid highway prograln. (23
C.F.R. 635.110 (e»
11.04 Prohibited Interests: Neither the Agency nor any of its contractors or their 5ubcontracton; shall enler into any
contract, subcontract. or arrangement in conncction with the project or any property included or plann~d to he includcd
in the projcct, in which any member. officer, or emplo>,~'C orthc Agency or the locality during his tenure or fur IWO years
thereafter has any interesl. direct or indirect. 1f any such present or former member, officcr. or employee inv()lun\ari\y
acquires Of had acquired prior to the beginnin¡; of his tenure: any 'such intcrcst, and if such interest is immediately
disclosed to the ^gency, the Agency with prior a.pproval of the Department, may waive the prohibition contained in this
subsection: Provided. that any such present member. officer or employee shall not participate in any action by the
Agency or the localhy relating to such contract. subcomract. or arrangement.
The Agency shall insert in all contracts entered into in conneclion with the project or any property included or planm.-d
" to be included in any project, and shall require its contractors to inscrt in each of their !\ubcontracts. the follQwing
<0 provision:
I
"No member. omcer, or employee ur the ^8cncy or of the localit)' during hi$ ~cnurc or far two )'car3 thcreaflcr shall
have any intercsl. direct or indirect, in this contract Of the proceeds thereof.·
The provisions of this sub!lection shall not be applicable to .my agreemcnt hetween the Agency and its fiscal depositories.
or to any agreement for utility services the rates for which arc fixed or controlled by a Gov~rnmcntal agcncy.
11.05 Intercst or Membcrs of. or l>clegntes to, Congress: No member or delcgale to the C\)J1gresl' of thc Unilcd Stalcs
sh,,1I he admitted to any share or purl of Ihe: Agreement Of any benefit ari~ing therefrom,
12.00 Miscelluneou.'i Provisioll.":
12,01 Environmental Pollution: All f)ropt)sal¡¡. Plans, and Spe:citications for the ucquisitinn. cunst rue I ion.
reconstruction, improvement of facilities or equipment. shall be presented to the Department for revicw. f n rendering
such review, the Dcpamncm shall determine whether such facility or equipment is designed and cquipped to prevent and
control environmental pollution.
. .
12.02 Department Not Obligated to TIûrd Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agcncy.
12..03 When Rights and R.emedies Nut Waivcd: In no evenr shall the anakinn oy the Departmcnt uf any p..ymenl to
the Agency cun:uilute ur he cunstrued as a waiver hy the DC 1urtm~"nt of un)' brcuc.:h of CUVC11Ul'l or any default which may
" then cxhu. on the part uf the Agency. mullhe makin¡,; of 1'uch payment hy the Departmcnl while an)' such hn:Ut.:h nr
( ) default sh.1I1 cxi!ò shaH in no wuy imp.air or prcjuc.licc any right or n:mc:t.ly availahle to the 1)~"Partment with respcct In
.' such brcm:h nt' ùefuult.
. . ID:407-686-7446 FEE 28'95 11:40 No.015 P.09
GEE8.JENSON
lixhlblt 11.2.1
IWM 'J2:tOIU4I
('(lNm'ltllC11UN . ~
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, . . ~ ,
\. )
12.04 Ho\\' Agr'œ1Dc!nt Is Affected by ProvisiolL'i Being field Invalid: If any provi1ion of lhis Agrcemem is held ..
invalid. the remainder o( this Agreement shalt not be affecled. In such an instance the rcmëlÌnder would then continue
(0 conform to the terms and requirements of applicable Jaw.
12.05 Uunm¡ ur Commission: I~y execulion ufthe Agreement the Agency repre!¡el1lli that it has nOI paid and. aL'IO. agrees
nut tu pay. any bonus 01' commission for the purpo1e of obtaining an approval of its application for the financing
hereunder.
1.2.06 State or Territorial Law: Nothing in the Agrcclncm shall requirc Ihe Al~cl\ey to ohscl've or enforce compliance
wilh any pmvisinn thereof. perform any other ¡sct or do Imy othcr thing in contravel1lion of any applico¡blc: Statc law:
Þrovidcd. that if any of the provisions of the Agreemcnt violatc any applicable State law, the Agency will at once notify
the Dep:mmel\t in writing in order thai appropriate changes and modifications may be made by the l)cpartment and the
Agenc)' to thè end that the Ag.cmcy may proceed a.~ !\t)On a..~ p086iblc with Ihe projc:ct.
12,07 Contractual Indemnity: To Ihe extent permitted by law, the Agency shall indenu1ify, defend, save. and hold
harmJes.... the Depanmenl and all its officers. agcnts or cnlployees from all suits. actions, claims. dcmunds, liability of
all)' nature wha¡socvcr arising out or. because of, or due to breach of the Agreement by the Agency or its subcontractors.
agenls or employees or due to any negligent act, or occurrence of olnission or conunission of the A8~ncy, it~
subcontractors. agents or employees. Neither the Agency nor any oj its agents will be liable under this section (or
damages arising out of injury or dama.ge to persons or r-ropcrty directly caused or resulting from the sule rn:ßligcncc of
the Department or any of its officers, agents or employees. The panies agree that tbi~ clause shall not waive the benefits
or pr()"iRion~ ()f Chapter 768.28 ¡:Iorida Statutes or any similar provision of law.
12.08 Plum und Specification.os: In Ihe: event Ihat this Agreement involves thc purchasing of capiral equipment or the (~""
con~tructil1g and equipping of rabilities. the AC~'I1¿y shall submit to the Department for approval all appropriate plans and .
specification.c; covering th~ project. The Deparllncnt will review all plans and s;pecificatjons and will issue to the Agency
written approval with any approv(.-d purtions of the project and comments or recommendations concerning any rcmainder
or the projecl deemed appropriate. After resolulion of these comments and recommendations 10 the Depanmem's
satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to
obtain this written approval shall be sufficient cause for nonpayment by the Deparlmem.
1:Z.09 AgcnCj' Certification: The Agency will certify in writing prior 10 project closeout that the project was completed
in accordance with applicable plans and specifications. is in place on the ^sency facility, that adequatc title is in thc
Agency and that the project is accepted by the Ageney as &uitab\c for the intended purpose.
12.10 Agreement Fonnat: All words used hercin in the singular form shall extend to and include the plural. All wurds
used in the plural fonn shall extend to and include the singular. All words used in any gcnder shall extend to and include
all genders.
12.11 Execution of Agreement: Thi5 Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so c;JC.c¢uted shan bc d.:cmcd to be an original, and such counterparts together shaH constitute one in the
. '
same instrument. .
12.1 Z Restrictions on Lobbyin¡t:
Federal: 'rhe Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the
^scncy, to any pCT.on tor influcncins Or attemptinG to influcnce: any offic.cr Or employee or any fcdc;raI -seney I a
Member of Cong.ress. an officer or employee of Congress. ar an employee of a Member of Congress in connection with
the awarding of any federal contract. the making of any federal grant. the making of any federal loan. the emering into
of any cooperative aGreement. and the extension, conrinuation, renewal, amendment or modification of any federal
contract. grant. loan or cooperative agreement.
Gè:E8.JE"NSON I D : 407-686":'7446 FEE 28'95 11: 41 No.015 P .10
f.xhil>illl-2.\
r.()RM SU.oIO.MI
('UH.\TlltlC''I'IUN Q)'"
1·.~II..¡tll
If any funds other thlm federal apprupri:ued funds have been p.1id hy the Agency I() any person for innut:ncin~ or
attempting to influence an officer or employee of any federal agenc)', a Member of Congress. an officer or employce of
Congress, or an cmployee of a Member of Congress in connection with this Joint Participation Agreement, the:
undersigned shall complete and submit Standard Form-LLL. -Disclosure Form to Rc:port Lobbying.· in accordance wilh
its instructions. .
The Agency shall require that the language of this section be included in the award documents for aU subawards at all
tiers (including subcontracts. subgrants. and contract~ under grants. loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pur!;uant 10 Ihis contract may be expcnded for lobbying the Legislature or a state agency.
12.13 Maintenance: The agency agrees \0 maintain any project. not on the State System. constructed under this
agreement.
12.14 Vendors RiKht.'i: Yendl~rN (in this document identilied:1.o; Agency) pTlwiding gnuds and services to the Dcpanment
should he ¡¡Wé\TC of the following time framcs. Upon receipt. the Department has five (5) working days tu inspect and
approve the guuds and services unlc~s the bid specifications, purchase order or contract specifies othcrwi!\e. The
()cpanment has 20 days to deliver a request for pa}'ment (voucher) to the Department of Banking and Finance. The 20
days are measured from the laner of the date the invoice is received or the goods or services arc received, inspected and
approved. :
:
- ," (f a payment is nOI available within 40 days after receipt of the invoice and receipt. inspection and approval of goods and
.......
i services, a separate interest penalty of 0.03333 percent per day will be duc and payable, in addition to the invoice amount
to the Agency. Intercst penalties of lC1)1S lhan one (1) dollar will not be enforced uwess the Agency requests payment.
Invoices which have to be returned to an Agency becausc= o( Agency preparation errors wil1 result in a delay in the
payment. The invoice payment requirements do not Starl until a properly complcted invoice is provided to the
Depanmcnt.
A Vendor Ombudsman has been established within the Depanment of Banking and Finance. The duties of this individual
include acting as un advocate for Agencie."i who may be experiencing problems in ohtaining timeIY.payment(s) fron\ the
Dcparunt:l\t. The Vendur Ombudsman may Þc cuntactcd at {904}4R8-2924 or by calling the State Comptroller's Ilutline.
)-R()()-848-3792.
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GEE&JENSON ID:407-686-7446 FEE 28'95 11:42 No.015 P.ll
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C:ON:fntUCT1ON . 0)194
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IN WITNESS WHRREOF. Ihe panic... have caullcd these presents 10 he cx.cculed the day and YCII!" !irst above
written.
STATE OF FLORIDA
DEPARTMBNT OF TRANSPORT A T10N
l1y: ,_._ By: .--...--.-
Tilk: District Secretary.
Attest: __..'N¥ By:_ -
lïlle: Executive Secrelary
As to form: As to (ann:
.........- - --
Auornc)' Pistrict Attorney
""-
~ ...
Contractual Services Office ! ..
I !
FISCAL APPROVAL AS TO A V AlLABILlTY OF FUNI>S:
. ". ~
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M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER ~
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ,
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR C'~7
RE: WEST ATLANTIC AVENUE BEAUTIFICATION - REJECTION OF BIDS No.95-19
DATE: MARCH 2, 1995
ITEM BEFORE THE COMMISSION
- -
The item before the Commission is consideration of the rejection of all bids
received for West Atlantic Avenue beautification, Bid No. 95-19 as they all
exceeded the budgeted amount significantly.
BACKGROUND
Bids for the West Atlantic Avenue beautification project were opened on
February 21, 1995. Only four bids were received and all of the bids were
significantly over the $280,000 estimated for the cost of construction. The
lowest bid was $321,116.12 and the highest bid was $498,461.62.
The Consultant, Cotleur Hearing, Inc. has evaluated the bids and has
identified the areas which inflated the project cost. The plans and
specifications are in the process of being modified to address the areas of
concern. The enclosed letter from Don Hearing gives a detailed analysis of
the factors he feels have impacted the project.
The Consultant is recommending all four bids received be rejected and the
revised plans re-bid. Purchasing has indicated that the advertisement can
occur on March 10, 1995 with bids due back on March 30, 1995. The
Consultant has further indicated he is confident that a re-bid will bring
the costs within the project budget.
RECOMMENDATION
The City's Consultant, Cotleur Hearing Inc., recommends the City Commission
consider rejecting all four bids obtained for West Atlantic Avenue
beautification, No. 95-19, as all bids significantly exceeded the budgeted
amount.
~ I.{-O
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,
. Agenda I tem No. & 7£
,.
. !-GENnA R.eQOBS~ 3/0d-/c¡,r'-
Date:
Request to be placed on:' / (
~RegUlar A<Jenda Special A<Jenda Workshop Agenda
When: .
'"
~~
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Department Head Signature:
Determination of Consistency rebensive Plana
-
,
City Attorney Review/ Recommendation (if applicable). .
.
.
Budqet Director Review (required on all iteas involving expenditure
of funds): -
Funding availablea YES/ NO
funding alternatives: , (i f appl icable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved (or agenda: 81 NO lP1
Hold Until:
Agenda Coordinator Review:
Received: ,
Action: Approved/Disapproved
, PHONE NO. : 407 747 1377 Mar. 02 1995 218: 49Aí" "2
~RDM : COTLEUR~HEARING~~
.....-. ...._..~-- ,~.._..
March 1, 1995
Ms. Nancy Davila
City of Delray Beàch
Planning Dept.
100 N,W. 1st Avenue
Delray Beach, FL 33444
RE: West Atlantic Avenue ~ Bid Analyais
Our Ref. No. 84..0805
Dear Nancy.
The purpose of thi$ letteT is to document our analysis of the bids which were received
by the City on February 21, 1995 for the VJest Atlantic Avenue project. As you know,
we were very disappointed to receive only tour bids. Two of the four contractors were
from outside the area, one from Dade County and one from Tampa. All of the bids
exceeded our estimate and the budgeted project cost of around $280,000.
The four bids received ranged from ø high bid of $498,481.62 (Central Florida
Landscape, Tampa).to 8 low of $321,116.12 (Slga landscape, Broward County).
A detailed analysis and comparison of the unit prices proposed has been prepared and
is enclosed for your review. In analyzing the bids, we have determined the cost
variance between our estimate and the actual costs received to be in the price of the
irrigation system. While the system is sophisticated and designed to tie into the City's
master system, there are several factors controlling the prices received.
1. Due to the County's relocation of the programmed sleeves under the road, 9
controllers were required. Traditionally, the entire length of the project could be
operated by just two controllers. The cost of these controllers range from $16,200
to $3.500 each.
2. Since we have 9 controllers, we are required to have 9 electrical connections and 9
electrical services, the costs of which ranged from $21,000 to $30,000. Candidly,
we clearly underestimated this cost.
3. The specified bridge crossing located within Median #9 also appears to be 8 high
cost Item, due to DOT specification requirements.
We have spoken to all of the contractors concerning potential cost reductions. All of
the contractors concur that the design of the system Is appropriate and that cost
reductions should be evaluated for the above three items.
, ~ROM : COT~EUR~HEARING~~ PHJi-1E NO. : 407 747 1377 Mar. 02 1995 08:50AM P3
1"b,'1"" ~ \.' ._ ..',. :. I: ". 'J \ '" , .",,-... ""-'"T'"- .. _._- ,- .....---. . ..--.
The costs of the project also reflect the tightness of our specifications. As }IOU are
aware, we have proposed several measures to ensure the future success of the
plantings. In summary. these measures Include the removal and replacement of 12" of
soil, tilling of subgrade and a 12 month maintenance period for both the landscaping
and irrigation.
Based on the bids received, it is our recommendation that all four of the bids received
be rejected and the plans revised to bring the project into the budgeted costs.
To achieve this goal, we intend to incorporate the following modifications to the bid
packages:
1. Revise the Irrigation system specifications to utilize a new solar version of the same
controllers now produced by Motorola. The cost of these units are around $500
more. however, approximately $20,000 In savings can be achieved in reduced
electrical costs.
2. Consider routing the water and electrical for Median #9 around the bridge.
Approximately $4,000 can be saved here.
3. Allow the contractor to place the mainline 12~ to 14" below grade, as opposed to 18"
below grade, as now specified.
4. Change the plant specification for the proposed Blue Latinla Palms to large, clear
trunk Chinese Fan Palms or Foxtail Palms. This will reduce approximately $10.000
In costs.
5. Change the specified Florida Zania to lIex VomitolÌa. This will reduce approxImately
$7,000 in costs.
6. Change the allowance for soil testing from $2,000 to $1,000.
7. Invite additional local contractors to bid on the project. We had only one "local
contractor" in the original bid.
Based on our analysis and our conversation with each of the contractors, we feef
confident that a re-bid will produce bonafide contract prices within the project budget.
Should the Commission approve of this course of action, we will revise the contact
documents. This will take two to three days. Purchasing has indicated that the
advertisement for bids can occur on March 10, 1995 with bids due back to the City by
March 30, 1995.
~ PHONE i'IO. : 407 747 1377 i1ar. 02 1395 09: 51R'1 P4
F:ROf'1 : COT'._::UR~HErlR I NG~~ .....- .....---
The charges proposed do not effect design content of the original design and can be
considered as value engineering. After you have had the opportunity to review our
recommendations, please advise us how you wish us to proceed.
Sincerely yours,
Donaldson E. Hearing
DeH;c:c
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FRJi1 : COTLE'JRI:tHEAR I ~4GI:tI:t PHONE NO. : 407 747 1377 Feb. 24 1395 01:25PM Pi
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trJt1
SUBJECT: AGENDA ITEM # c¡ r - MEETING OF MARCH 7. 1995
ANNEXATION REFERENDUM FOR HIGH POINT WEST AND SURROUNDING
AREAS
DATE: MARCH 3, 1995
For some time, staff has been pursuing the possibility of an
annexation referendum for High Point West and surrounding areas. A
great deal of time and effort has gone into analysis of the many
ramifications associated with such an annexation, including
preparation of an Urban Service Report detailing financial and
service impacts. Also, a public relations effort was undertaken to
determine how receptive the residents would be to annexation since
they would ultimately make the decision by vote at a referendum.
Initially, our thinking was to hold the referendum on the municipal
election date, March 14, 1995. However, it became apparent that
further discussions with affected residents and property owners
were necessary and on January 17, 1995, the Commission denied the
ordinance (on first reading) calling for the March 14th referendum.
Staff continued to hold meetings with the residents, after which
the Planning and Zoning Department conducted a straw ballot vote by
mailing surveys to 659 of High Point's 1,320 registered voters (a
50% sample) . Locked ballot boxes were provided at High Point West
for a one week period. On February 24, 1995, the boxes were
retrieved and the ballots counted. Of the 302 ballots that were
returned, 233 (77%) were opposed to the annexation. Additional
information is provided in the Planning Director's memorandum.
In view of the above, staff is recommending that we D.Q.t proceed
with an annexation referendum for High Point West and surrounding
areas at this time. Staff further recommends that voluntary
annexations continue to be considered on a case by case basis in
order to maintain as much control over future development as
possible.
ref:agmemo11
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, ~~~
FROM: DIANE DOMINGUEZ ~ ~~
DIRECTOR OF PLANN & I
SUBJECT: MEETING OF MARCH 7, 1995
ANNEXATION REFERENDUM--HIGH POINT WEST
B A C K G R 0 U N D:
Pursuant to the direction given by the City Commission at the
workshop meeting of October 11, 1994, Planning and Zoning staff
began the process of preparing for a referendum on the
annexation of High Point West and surrounding areas. The
department completed an Urban Services Report analyzing existing
and needed services in the area, and detailing the costs and
revenues that would result from the annexation. Staff from
various City departments (Planning, Environmental Services,
Police, Fire, Finance, and Public Works) held meetings with the
residents of each of the three sections of High Point West to
explain the costs and benefits of the annexation, and to answer
questions. Staff also held a meeting with residents of the
Rockland Park subdivision and Markland Lane area, which were to
be included in the referendum area.
As part of the annexation, the City proposed to take over
responsibility for the water and sewer systems at High Point,
including two lift stations. Improvements to both systems were
proposed (interconnection of water mains, installation of
telemetry at the lift stations) as well. The City also offered
to work with FP&L to install new street lighting, and to take
over maintenance and electrical fees for those lights.
Residents were also informed of the improvement in emergency
response time that would result from annexation, and the
increase in police coverage. Given the relatively low assessed
value of many of the High Point units, and the deletion of the
25% water surcharge, units having homestead exemption would
realize a minimal increase in costs as a result of annexation
into the City.
While these benefits appealed to some residents and to the
association board members, it was evident from the opinions
voiced at the meetings that the majority of the residents did
not support the annexation. Based on the sentiments expressed,
staff recommended that the City not hold the referendum on March
14th as originally planned. On January 17, 1995, the City
Commission denied the ordinance calling for the March 14th
referendum on first reading, in order to allow additional time
for staff to continue to discuss the issue with the residents,
and to gauge the level of support in the community for the
annexation.
city Commission Documentation
Annexation of High Point West
Page2
Subsequent to that meeting, flyers were distributed to the
residents explaining the costs and benefits of the annexation
(see attached copy) . Additional meetings were held with the
residents, and separately with the presidents of the section
associations and representatives of High Point's management
company. The presidents were largely supportive of the
annexation due to their direct dealings with the budget and
their realization of the savings that would result from the City
taking over maintenance of the utility systems. They stated
that they would express that support at section meetings held in
mid-February.
On February 17, 1995 (after all three regular section meetings
were held), the Planning and Zoning Department mailed surveys to
659 of High Point's 1,320 registered voters (a 50% sample) . A
copy of the survey is attached. The surveys asked residents how
they would vote if the annexation referendum were held today.
Locked ballot boxes were placed in each of the three section
clubhouses. On February 24, 1995, the boxes were retrieved and
the ballots counted. Of the 302 ballots that were returned,
233, or 77%, stated that they would vote against the annexation.
The reasons given for the opposition (both at the meetings and
on the survey ballot) essentially indicate a resistance to
change. Many residents objected to the change from the County
to the City library system. They stating they did not want to
drive east to use the Delray library, nor did they want to
exercise the option to pay $30 per household per year to
continue using the County library system. Others were
disappointed that the City's Citizen Observer Patrol program
does not cover costs of maintaining and insuring patrol
vehicles, as does the Sheriff's COP program. Other reasons
given included a distrust of the City, perceived "hidden"
increases in taxes and other costs, and a failure to see any
real benefit from annexation.
R E COM MEN D E D ACT ION:
There does not appear to be any point to proceeding with an
annexation referendum for High Point West at this time. Based
upon the results of last week's survey, it is logical to
conclude that a referendum held anytime in the immediate future
would be unsuccessful. Sentiments may change over time, or
legislation may be amended to increase the available mechanisms
for annexation in the future, therefore, the area should
continue to be considered as part of the City's future planning
area. In the meantime, staff recommends that voluntary
annexations continue to be considered on a case by case basis,
in order to maintain as much control over future development as
possible.
Att:
* Informational flyer (Impacts of Annexation on the High
Point West Community), distributed to all units
* Annexation survey
T:CCHPWEST.DOC
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· .
Planning & Zoning Department (407) 243-7040
City of Delray Beach, Florida
ANNEXATION SURVEY
(NOT an official ballot)
---
Dear High Point West Resident,
As you may already know, the City of Delray Beach is considering holding a
referendum that could result in the annexation of your community into the
City limits, along with some of the commercial and residential communities
surrounding High Point West. The purpose of this informal survey is to
get a feel for whether or not the residents of High Point West support the
annexation of the community at this time. The results of this survey will
help the City determine if and when an official referendum will be held.
Over the past two months City staff has held meetings with the residents
of all three sections of the community to provide information and answer
questions on the annexation. In addition, on January 27, 1995 informa-
tional flyers outlining the costs and benefits of annexation were
delivered to your section presidents to be distributed to all ~nits. ,Each
resident eligible to vote in the referendum should have received this
informational flyer. If you have not received a copy you are urged to
contact your section president.
This survey is being sent to a representative sample of the registered'
voters within the community and therefore will not be received by all
residents. Please do not duplicate this form nor distribute it to other
residents.
In the box below, please place a check next to the answer which best
represents your opinion on this matter. After marking your selection
please return the lower portion of this survey to the survey box located
in each section's club house NO LATER THAN FEBRUARY 24, 1995. We
appreciate your time in responding to this important issue.
- detach here -
--------------------------------------------------------------------------
IF A REFERENDUM TO ANNEX HIGH POINT WEST
WERE HELD TODAY I WOULD VOTE:
D FOR annexation into the City of Delray Beach
D AGAINST annexation into the City of Delray Beach
Comments:
Do not duplicate this form. \DLRY\FILE\HPW\34097358
Ollt C{J u\LI4{J; "bONf- aN ~r¿~uJw f~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9· G· - MEETING OF MARCH 7, 1995
HOUSING REHABILITATION GRANT AND CONTRACT AWARDS/
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
DATE: MARCH 3, 1995
This is before the Commission to consider five grant awards to
bidders for housing rehabilitation projects through the Community
Development Block Grant Program. The low bid awards were $18,460
and $9,170 to First Choice Corporation, $16,305 and $11,350 to
Intercontinental Construction Corporation. Intercontinental
Construction Corporation was awarded a third contract on which
they were next low bidder because the low bid was incomplete.
This award was for $20,095.
The grant award was based on the actual cost of the rehabili-
tation, plus a five percent contingency, for a total cost of
$78,144, funded from the Housing Rehabilitation (Account No.
118-1963-554-49.19) .
Recommend approval of the grant awards as documented in the
attached materials.
Agenda I tern No.: 9G
AGENDA REQUEST
Request to be placed on: Date: FEBRUARY 24, 1995
>< Regular Agenda
Special Agenda
Workshop Agenda
.r_~ Consent Agenda When: MARCH 7, 1995
Description of item (who, what, where, how much):
CASEI ADDRESS GRANT AMOUNT
92-006HR 905 s.w. 10th Avenue $19,383.00
92-044HR 119 N.W. 7th Avenue $17,120.00
92-016HR 16 S.w. 7th Avenue $20,095.00
93-027HR 1115 N.W. 3rd Terrace $11,917.00
92-027HR 429 S.W. 15th Avenue $ 9,629.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT
AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES
CONTINGENCY. Total $78,144.00
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).. ~ .. -.---
Department Head Signature: ~, .
City Attorney Review/ Recommendation (if applicable):
Budget Director Review all items involving
expenditure of funds):
Funding available:~/NO
Funding alternatives: (if applicable)
Account No. & Description: \40\,)6;1..,\1,;,. ~~~q·h...\TP,-';D~
Account Balance: '$ 153,7104:-
City Manager Review:
C /,
Approved for agenda: ~/NO /~/L~7'C-~~' <:~"-ljL .
Hold Until:
[":--'~ À:~t~......_~L'~-Vf'/-r M t.
Agenda Coordinator Review: £~(~. .
Received:
Placed on Agenda:
Action: Approved/Disapproved
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COO~ATOR¡g~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: FEBRUARY 24, 1995
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for five Housing Rehabilitation Grant
Awards. This request is in accordance with the City's Community
Development Division's approved Policies and Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grants be awarded for the
following:
Case# Address Grant Amount
92-006HR 905 Southwest 10th Avenue $19,383.00
92-044HR 119 Northwest 7th Avenue $17,120.00
92-016HR 16 Southwest 7th Avenue $20,095.00
93-027HR 1115 Northwest 3rd Terrace $11,917.00
92-027HR 429 Southwest 15th Avenue $ 9,629.00
HR2
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95--1L
APPLICANT: Manuel T. Garza
APPLICATION #: 92-006HR
PROJECT ADDRESS: 905 Southwest 10th Avenue
DATE OF BID LETTERS: February 6, 1995
DATE OF BID OPENING: February 15, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
Incomp.lete bid
ARTHUR BADALOO $25,255.00 (no bia bond check)
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $18,460.00 .
INTERCONTINENTAL CONSTRUCTION CORP $20,735.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
Incomglete Bid
PRESTON CONST. $20,995.00 (no bi bond check)
RADA ENTERPRISES INC. $19,245.00
RAY GRAEVE CONSTRUCTION INC. $23,990.00
SOUTH FLORIDA CONSTRUCTION $
IN - HOUSE ESTIMATE: $ 20,370.00
CONTRACTOR AWARDED CONTRACT: First Choice Corp.
BID/CONTRACT AMOUNT: $ 18,460.00
COMMENTS: Low Bidder
BIDFORM/PG1
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95- 22HR
APPLICANT: Mildred G. Livingstone
APPLICATION #: 92-027HR
PROJECT ADDRESS: 429 Southwest 15th Avenue
DATE OF BID LETTERS: February 6, 1995
DATE OF BID OPENING: February 15, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
Incomplete bid
ARTHUR BADALOO $ 15,510.00 (no bid bond check)
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $ 9,170.00
INTERCONTINENTAL CONSTRUCTION CORP $ 9,950.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
PRESTON CONST. $
RADA ENTERPRISES INC. $10,945.00
RAY GRAEVE CONSTRUCTION INC. $ 11 , 915.00
SOUTH FLORIDA CONSTRUCTION $ 9,990.00
IN - HOUSE ESTIMATE: $ 9,335.00
CONTRACTOR AWARDED CONTRACT: First Choich Corp.
BID/CONTRACT AMOUNT: $9,170.00
COMMENTS :Low Bidder
BIDFORM/PG1
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95- 22
APPLICANT: Florence Holloman
APPLICATION #: 92-044HR
PROJECT ADDRESS: 119 Northwest 7th Avenue
DATE OF BID LETTERS: February 6, 1995
DATE OF BID OPENING: February 15, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
Incomplete bid
ARTHUR BADALOO $ 23,420.00 (no bid bond check)
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $ 16,935.00
INTERCONTINENTAL CONSTRUCTION CORP $ 16,305.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
Incomplete bid
PRESTON CONST. $ 15,685.00 (no bid bond check)
RADA ENTERPRISES INC. $ 18.445.00
RAY GRAEVE CONSTRUCTION INC. $ 18,025.00
SOUTH FLORIDA CONSTRUCTION $ 17,065.00
IN - HOUSE ESTIMATE: $ 17.820.00
CONTRACTOR AWARDED CONTRACT: Intercontinental Construction Corp.
BID/CONTRACT AMOUNT: $ 16,305.00
COMMENTS: Low Bidder
BIDFORM/PG1
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95- ZZHr
-
APPLICANT: Damon Brinson
APPLICATION #: 93-027HR
PROJECT ADDRESS: 1115 Northwest 3rd Terrace
DATE OF BID LETTERS: February 6, 1995
DATE OF BID OPENING: February 15, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
Incomplete Bid
ARTHUR BADALOO $ 12,290.00 (no bid bond check)
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $ 11, 780.00
INTERCONTINENTAL CONSTRUCTION CORP $11,350.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
Incomplete Bid
PRESTON CONST. $12.700.00 (no bid bond Check)
RADA ENTERPRISES INC. $12,560.00
RAY GRAEVE CONSTRUCTION INC. $13,795.00
SOUTH FLORIDA CONSTRUCTION $12,281.00
IN - HOUSE ESTIMATE: $ 10,900.00
CONTRACTOR AWARDED CONTRACT: Intercontinental Construction Corp.
BID/CONTRACT AMOUNT: $ 11,350.00
COMMENTS: Low Bidder
BIDFORM/PGl
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95- 22
APPLICANT: Neapoleon Zanders
APPLICATION #: 92-016HR
PROJECT ADDRESS: 16 Southwest 7th Avenue
DATE OF BID LETTERS: February 6, 1995
DATE OF BID OPENING: February 15, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
Incomplete bid,
ARTHUR BADALOO $28,100.00 (no bid bond check)
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $23,685.00
INTERCONTINENTAL CONSTRUCTION CORP $20,095.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
Incomplete bid,
PRESTON CONST. $19,995.00 (no bid bond check)
RADA ENTERPRISES INC. $25,005.00
RAY GRAEVE CONSTRUCTION INC. $25,700.00
SOUTH FLORIDA CONSTRUCTION $
IN - HOUSE ESTIMATE: $ 19,035.00
CONTRACTOR AWARDED CONTRACT: Intercontinental Construction Corp.
BID/CONTRACT AMOUNT: $ 20,095.00
COMMENTS: Bid awarded to next low bidder because low bidder has an incomplete
bid.
BIDFORM/PG1
·
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph Safford, Finance Director
FROM: Jacklyn Rooney, Senior Buyer cf-
DATE: February 27, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 07 - BID AWARD - BID #95-22
HOUSING REHABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to make multiple awards to low bidders as
listed below, at a cost of $78,144.
Background:
The Community Development Division handles and processes their formal bids
on housing rehabilitation projects, with funding from their housing
rehabilitation budget.
Property: Contractor: Amount:
905 SW 10th Avenue First Choice Corporation $ 19,383.00
119 N.W. 7th Avenue Intercontinental Const. Corp. 17,120.00
16 S.W. 7th Avenue Intercontinental Const. Corp. 20,095.00
1115 N.W. 3rd Terrace Intercontinental Const. Corp. 11,917.00
429SW 15th Avenue First Choice Corporation 9,629.00
Total $ 78,144.00
Recommendation:
The Purchasing Office concurs with the recommendation to award to the low
bidders as outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
. .
. ~
CITY COMMISSION DOCUMENTATION
TO: David T. Harden, Ci~ager~
FROM: Diane Dominguez, Dir '- Jà} P an 1~~ning
SUBJECT: MEETING OF MARCH 7, 1995
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
initiatinq Amendment 95-1 to the City's adopted
Comprehensive Plan. Pursuant to LDR Section 9.2.1, "a Plan
Amendment shall only be initiated by formal action of the
City Commission." Thus, this item is before the City
Commission for formal action.
BACKGROUND:
The City is allowed to enact two amendments to its Comprehensive
Plan each year. This amendment (95-1) will be the first such
amendment for 1995. The amendment focuses on updating the
text and various objectives and policies; and addressing private
and City-initiated petitions for land use plan amendments.
The Planning and Zoning Board formally reviewed this item at its
meeting of February 27, 1995. The Board recommended that the
City Commission initiate Comprehensive Plan Amendment 95-1,
containing the material in the attached staff report.
RECOMMENDED ACTION:
By motion, initiate Comprehensive Plan Amendment 95- pursuant to
the recommendation of the Planning and Zoning Board.
Attachment: P&Z staff report of February 27, 1995
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PLANNING AND ZONING BOARD STAFF REPORT
MEETING OF: February 27, 1995
AGENDA ITEM: II!oD. RECOMMENDATION TO THE CITY COMMISSION
REGARDING THE INITIATION OF PLAN AMENDMENT 95-1
I T E M B E FOR E THE BOA R D:
The item before the Board is that of recommending to the
City Commission those items which should be considered in
Comprehensive Plan Amendment 95-1. Pursuant to LDR Section
9.2.1, amendments to the Plan must be formally initiated by
the City Commission.
B A C K G R 0 U N D:
The City is allowed to enact two amendments to its Comprehensive
Plan each year. This amendment (95-l) will be the first suéh
amendment for 1995.
The first amendment of the year generally focuses on updating
the work program in our Plan; updating the status of various
objectives and policies; corrections and general housekeeping;
and amendments to the Future Land Use Map. The items suggested
for inclusion are listed below.
Text Amendments
* Changes resulting from the completion of the:
- Wastewater Collection and Transmission Master Plan
- Water Distribution Master Plan
- Snorkel Park Study
- Staff Accommodation Study
- Storm Water Master Plan
- Water Supply Master Plan
* An assessment of the impact of concrete plants on
groundwater (conservation Policy A-3.4).
* changes related to the future development and protection of
FIND parcels.
* An update to wellfield protection efforts (industrial
pretreatment program).
* Changes related to the completion of the computerized
irrigation system for public spaces.
III.D.
..... . .
P&Z Staff Report
Recommendation to the City Commission Regarding the Initiation
of Plan Amendment 95-1
Page 2
* An update of the status of the program to repair City-owned
seawalls.
* An update of City facilities.
* An update of the status of street reconstruction projects
in the Decade of Excellence Bond.
* Changes related to the completion of the:
- Tennis Center
- Golf Course clubhouse
- Veterans Park
- Elementary school in the southwest
* Changes resulting from LDR amendments.
* Revision to the Pineapple Grove Neighborhood Plan scope to
reflect the involvement of the Mainstreet organization
(Land Use Policy C-4.8).
* An update of the status of the redevelopment seed money. - .
* An update of the tax rates.
* An update of the City's bonding status.
Future Land Use Map Amendments
* A privately initiated amendment for the Bloods Grove
property involving 94.815 acres with a current land use
designation in the County of MR-5 (medium density
residential). The land use amendment is accompanied by an
annexation request. Proposed land uses in the City will be
Transitional, Medium Density Residential, Low Density
Residential, and Open Space.
* A City initiated amendment for Marina Cay to remove the
Large Scale Mixed Use designatïon from this 1lo1l acre
parcel.
* A privately initiated amendment for the Jones Property
involving 17.87 acres with current land use designations in
the County of HR-8 (High Density Residential, a units per
acre) and MR-5 (Medium Density Residential, 5 units per
acre) . The land use amendment is accompanied by an
annexation request. The proposed land use designation in
the City will be Transitional.
... ...... .
.... '.' .
-
, P&Z Staff Report
Recommendation to the city Commission Regarding the Initiation
of Plan Amendment 95-1
( Page 3
* A City initiated amendment of the advisory designations for
121.86 acres in the northwest corner of the City to achieve
consistency with the existing County land use designation
of MR-5. Such consistency is directed by Future Land Use
Element Policy B-3.3a. The change in the advisory
designations will be from Rural Residential to Low Density
Residential for 118.35 acres, and to Transitional for 3.51
acres.
S C H E D U L E FOR REV I E W:
The tentative schedule for processing Plan Amendment 95-1 is as
follows:
March 7 Initiation by City Commission
April 17 P&Z Board Public Hearing
April l8 City Commission Transmittal Public Hearing
. .
The City will request an ORC report from DCA to shorten the
( processing time.
Late June Receipt of the ORC report
Mid-August Adoption
R E COM MEN D E D ACT ION:
By motion, recommend that the City Commission initiáte
Comprehensive Plan Amendment 95-1, containing the material in
this staff report.
Report prepared by: John Walker
Reviewed by: Diane Dominguez
{ T:\advanced\951PZl
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # C¡. :::c. - MEETING OF MARCH 7 , 1995
CHANGE ORDER NO. l/DIPOMPEO CONSTRUCTION CORP.
DATE: MARCH 3, 1995
This is before the Commission to consider Change Order No. 1 to
the contract with DiPompeo Construction Corporation for a 16 day
contract extension and additional work to the Veterans Park,
Phase II project.
This Change Order consists of additional electrical, plumbing and
underground work resulting from site conditions discovered during
construction which had not been anticipated. This consists of
relocation and/or removal of underground structures and
utilities.
Recommend approval of Change Order #1, and 16 day extension to
the contract with DiPompeo Construction Corporation, with funding
in the amount of $18,387.09 from Water and Sewer Services - Other
Improvements (Account No. 441-5161-536-63.90) .
~ '1-0
Agenda Item No. 9;£
AGENDA REQUEST
Date: February 27, 1995
Request to be placed on:
__X__ Regular Agenda
Special Agenda
Workshop Agenda When: March 7, 1995
Description of item (who, what, where, how much) : Staff request city
Commission approve Change Order *1 to the contract with DiPompeo Construction for
additional work and unforeseen conditions to the Veterans Park Project. This
Change Order consists of additional electrical, plumbing and underground work
which resulted from site conditions discovered during construction and not
anticipated. The total cost of this change order is $18,387.09 and represents
a 6.11% increase to the contract price. In addition, the contractor is
re uestin additional 16 da extension to the contract time. Fundin .
an l.S
available in account .
,
ORDINANCE/RESOLUTION REQUIRED: Not required
Recommendation: Staff recommends approval of Change Order *1 to the contract
with DiPompeo Construction in the amount of $18,387.09 for additional work at
Veterans Park - Phase II and an extension in contract time of sixteen (16) days
to April 26, 1995. .¡)$ ~ __~.__.Þ
Department head signature:
Determination of Consistency with Comprehensive Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: E NO
Funding alternatives ~p~
Account No. & Des:br~t~on£!!iJ6/~/~'5~~b -- ZL .
Account Balance 13
City Manager Review: @/NO tÎ~~/1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9457\agreq307
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: José Aguila ~
Asst. Constr ion Manager
Date: February 27, 1995
Subject: AGENDA REQUEST
Veterans Park - Phase II, Project #94-57
Change Order #1
. . . . . . . . . . . . . . . . . · · · · · · · · · · . . . . . .
During the course of construction on this project there have been
a number of unforeseen conditions which have resulted in some time
delay as well as some additional expense to the City. Staff has
been reviewing these costs and has successfully negotiated this
proposed Change Order from $39,411.00 to $18,387.09. Following is
a brief description of these items and their associated cost.
1. The planned alignment of the retention wall in the south east
corner of the site had to be adjusted around an existing Sea
Grape tree. The original design was to have removed this
tree, but upon further review, and to keep the consistency of
all four corners of the bridge, it was decided that this tree
should remain. Additionally, the existing grade provided by
the surveyor appears not to be accurate and thus the entire
length of the wall needed to be raised one foot. Staff is
reviewing any professional liability on the original surveyor.
Total cost for this work is · · · · · · · · · · . $4,936.76
2. This item covers various electrical situations which had to be
modified as a consequence of assumed conditions not being as
expected, or due to modifications of the first phase of the
park not being recorded in an as-built drawing since the
contractor went out of business. The existing panel which
this phase was to tie into is now filled to capacity, and is
therefore undersized to accept the new circuits. When the
Kiddie Park was constructed, more circuits were used than
originally expected. Another issue is the service from the
transformer to the Bridge Tenders Building had to be relocated
once a buried splice box was discovered. Florida Power &
Light was unaware of this buried splice box on their system.
Finally, a service pedestal needs to be provided for the
Rambling Rose at the sea wall, as per City agreement, which
was left out of the design plans. It is not clear if the
design firm was aware of this requirement.
Total cost for this work is · · · · · · · · · · $11,378.03
3. This item is for plumbing changes. The City installed the
Reduced Pressure Backflow Preventer when they relocated the
water service and the contractor passed on the credit to the
City. On the cost side, there were two manholes from the
abandoned line which was to have been removed when the old
Lift Station was taken out of operation. This manhole removal
work was not in the demolition contract and was anticipated to
have been removed by Public Utilities, however because of
their work load, the contractor has agreed to remove them.
Total cost for this work is · · · · · · · · · · . . $577.50
4. A number of underground structures have been found during the
construction period which required relocation or removal.
Many of these structures were from previous site uses which
had long since been abandoned and were not indicated on any
record document. In addition, the foundation of the trellis
area was in conflict with a 16" underground pipe which
required the placement of 10 yards of concrete to encase the
pipe and act as a part of the foundation.
Total cost for this work is · · · · · · · · · · . $1,494.80
Total cost for this change order is · · · · · · · · $18,387.09.
Funding for this work is available in account #
The contractor was delayed at the beginning of the scheduled
construction period by ten (10) days due to the demolition
contractor (a separate City contract) not completing the work on
time. In addition, the four (4) items described above will require
an additional six ( 6 ) days to the contract time. The contractor
was requesting an additional 17 days.
Total extension of contract time · · · · · · Sixteen (16) days.
The project is finally moving forward at a good pace and the
contractor has assured me that he will be at Substantial Completion
before the scheduled Delray Affair planned for April 21-23, 1995.
His contract dates, after this Change Order, will require
Substantial Completion by April 5, 1995 and Final Completion by
April 26, 1995.
I will be happy to answer any questions you might have on this
project.
cc: William Greenwood
Joe Safford
Joe Weldon
File 94-57 (A)
\esd\9457\AGMEM307
ITEM 1
Project No. 94-57 DiPompeo Construction Corp.
Veterans Park Phase II 7522 WILES RD. I CORAL SPRINGS, FL. 33067
802 N.E. 1st. Str..t Office (305)345-5100 Fax (305)345-9970
Delray Beach, Fl. 33483
Date : Dec. 16th. 1994
Request for Change Order (R.C.O.) No. 01 a.
Scope of Work:
Additional Retention Wall Footage added to accomodate the location of an existing Sea Grape Tr.. that fall in line with the construction of the new wall.
All in accordance with the revised drawing sh..t ST1 by Currie Schneider Associates, date 12/5/94
Extension of Contract Time Required by this Change Order = (3) Three Calendar Days; Revise new total of Calendar days from (120) to complete the project
to (123) Calendar days.
8 REQUEST FOR CHANGE ORDER MEASURED MEASURED COST COST EXTENDED
No. COST BREAKDOWN QUANTITY UNITS UNIT PRICE UNIT PRICE
1. Remove existing sidewalk adjacent to retaining wall monument 1 L.S. 200.00 $200.00
2. Excavation, Backfill and Compaction 1 L.S. 100.00 $100.00
3. Concrete, Formwork and Reinforcing S.....I :
· Additional 9' to the Overall Wall Footage to avoid SeaGrapa 1 L.S. 1572.00 $1,572.oq
· Additional 12" to the Overall Wall Height 1 L.S. 1243.00 $1,243.00
· Additional 8' of Curb to Bridge Arm 1 L.S. 125.00 $125.00
4. Aluminum Railings 1 L.S. 765.00 $765.00
5. Waterproofing Membrane 1 L.S. 50.00 $50.00
6. Stucco 1 L.S. 90.00 $90.00
7. Painting 1 L.S. 25.00 $25.00
NOTES: Sub-Total $4,170.00
1. THIS PROPOSAL INCLUDES ONLY THE WORK SPECIFICALLY HEREON.
5% OverHead $208.50
Sub- Total $4,378.50
10% Profit $437.85
Sub- Total $4,816.35
2.5% Bond $120.41
Total $4,936.76
ITEM 2
Project No. 94-57 DiPompeo Construction Corp.
Veterans Park Phase II 7522 WILES RD. / CORAL SPRINGS, FL. 33067
802 N.E. 1 st. Str..t Office (305)345-5100 Fax (305)345-9970
Delray Beach, Fl. 33483
Date: January 23, 1994
Request for Change Order (R.C.O.) No. 02a.
Scope of Work:
Various areas where additional Electrical and Miscelleneous work is required and requested by the City of Delray Beach due to field adjustments, and field
unforseen conditions and work scope not clearly identified or not existant in the drawings due to either lack of coordination of existing conditions or due to
lack of information available at the design stage.
NOTE:
. All work in accordan.... with Sketch provided by Daniel Thompson, dated 1/13195.
. .IµI idlodsc:åp¥<lnJ)lu9ïng.ll4l'norllrpet KIp Tr~~h}CIb". Gr,9Un~v"" ~n.!iAhlolk!ht1Ir-'to.IJe ""epl6l1¥ .,(M""a~ .th.~""... /'1'6 !
Extension of Contract Time Required by this Change Order (3) Thr.. Calendar Day; Revi_ new total of Calendar days from (123) to complete the project
to (126) Calendar days.
G REQUEST FOR CHANGE ORDER MEASURED MEASURED COST COST EXTENDED
No. COST BREAKDOWN QUANTITY UNITS UNIT PRICE UNIT PRICE
16000 Electrical: Item #5
(See attached breakedown from Pallecchla Electric dated 1/12195, and letter dated
1/13/95 and (6) dated 1/19/95)
1. #DIP ,,001 :
Relocate and Install a New inground splice box to the East side of the Retaining Wall.
Existing secondary conductors will be tapped in P. V.C. J-Box with screw top inside a
direct burial composite box with traffic cover. Supply Power for metering and disconnects
per field directed (meeting of 1/11/95) location. 1 L.S. 1585.65 $1,585.65
2. #DIP" 002 :
Provide and install temporary power from relocated meter and panel for ticket booth and
shore power. (Ramblin Rose) 1 L.S. 968.55 $968.55
3. #DIP , 003 :
Install one additional 3/4" P.V.C. conduit for phones at future ticket Gazebo. 1 L.S. 100.00 $100.00
4. #DIP , 004 :
Re-route existing ticket booth electric power to accommodate construction of new columns. 1 L.S. 674.85 $674.85
5. #DIP· 005 :
Provide and install a 6' x 6" concrete permanent power post for Ramblin Rose, shore
power. This includes relocating existing 50 Amp twist lock receptacle and one new
20 Amp. General Purpose GFI receptacle. 1 L.S. 1606.55 $1,606.55
6. #DIP , 006 :
Install (1) 1 1/2", (1) l' and (1) 3/4' conduits from existing lighting panel atthe Recreation
Recreation Building to limits of Phase I for fountain and lighting circuits in phase II. 1 L.S. 3306.35 $3,306.35
7. #DIP . 007 :
Change out existing lighting panel at Recreation Building for site lighting. Install
(1) new 40 Circuit Main Breaker Panel to accommodate additional circuits and twelve
poles of magnetically held lighting contactors with photo control circuit. 1 L.S. 2160.40 $2,160.40
8. #DIP , 008 :
Re-Route phone lines for Ticket booth (Route a new temporary phone service as existing
service is in the way of construction) 1 L.S. 169.57 $169.57
NOTES: Items #5 Sub- Total $10,571.92
1. THIS PROPOSAL INCLUDES ONLY THE WORK SPECIFICALLY HEREON. 0% OverHead
Sub- Total
5% Profit $528.60
Sub- Total $11,100.52
2.5 % Bond Sub- Total $277.51
Total $11,378.03
ITEM 3
Project No. 94-57 DIPompeo Construction Corp.
Veterans Park Phase II 7522 WILES RD. / CORAL SPRINGS, FL. 33067
802 N.E. 1 at. Street Office (305)345-5100 Fax (305)345-9970
Delray Beach, Fl. 33483
Date: Dec. 16th. 1994
Requ..st for Chang.. Ord..r (R.C.O.) No. 038.
Scope of Work:
Credits for Plumbing work done by City forces and Adds for additional work as follows:
Extension of Contract Tim.. Required by this Chang.. Ord..r = (0) Z..ro Cal..ndar Day; R..vi_ n..w total of Cal..ndar days from (126) to complete th.. project
to (126) Cal..ndar days.
@] REQUEST FOR C-H.A-"!GE ORDER MEASURED MEASURED COST COST EXTENDED
No. COST BREAKDOWN QUANTITY UNITS UNIT PRICE UNIT PRICE
15500 Plumbing:
(See attached breakedown from Hessing Plumbing dated 1/17/95 and Manhole
raising detail dated 1/17/95)
1. <Credit> for 2' back flow preventor 1 L.S. 405.00 $405.00
2. <Credit> for changing from a Zum ground hose bibb to a standard chrome hose bibb,
loose key with vacum breaker. 1 L.S. 170.00 $170.00
OT Al Credits ($575.00)
. Add for removing (2) existing Manhole covers, mud close (4) 24" pipe openings
fill Manholes with sand and top-off with 4' of limerock base:
1. Remove (2) Castings from existing Manholes 1 L.S. 150.00 $150.00
2. Plug (4) existing 24' pipe inverts in existing Manhole 1 L.S. 125.00 $125.00
3. Fill (2) Manhole structures with sand, compact and top-off with 4" of Limerock 1 L.S. 300.00 $300.00
. Add for (1) additional hose bib to be mounted on Ramblin Rose Utility service pole
and approx. 70' of l' service line 1 L.S. 550.00 $550.00
TOTAl Adds = $1,125.00
NOTES: Sub- Total $550.00
1. THIS PROPOSAL INCLUDES ONLY THE WORK SPECIFICALLY HEREON.
0% Ov..rHead
Sub- Total
5% Profit $27.50
Sub- Total $577.50
2.5% Bond $14.44
Total $577 .50
ITEM 4
Project No. 94-57 DIPompeo Construction Corp.
Veterans Park Phase II 7522 WILES RD. I CORAL SPRINGS, FL. 33067
802 N.E. 1 sl Str..t Offica (305)345-5100 Fax (305)345-9970
Delray Beach, Fl. 33483
January 23, 1995
Request for Change Order (R.C.O.) No. 04a.
ScoDe of Work:
Miscallenaos Work NOT SPECIFICALLY CALLED OUT FOR but Required to complete project sequence..
Extansion of Contract Time Required by this Change Ordar (0) Zaro Calandar Days; Revise new total of Calendar days from (126) to complete tha proJect
to (126) Calendar Days.
8 REQUEST FOR CHANGE ORDER MEASURED MEASURED COST COST EXTENDED
No. COST BREAKDOWN QUANTITY UNITS UNIT PRICE UNIT PRICE
1. Sod Removal 1 L.S. 200.00 ~$\OO.OO
2. D~~~~~I~""''''¢ I ý1f: ~#fI ¡iJJ~
3. 4' P.V.C. Slaave raqulred at Retaining Wall Footing for a Water Main discovarad
during excavation of same. 1 L.S. 60.00 $60.00
4. Remova axlsting re-bar discovered during footing excavation 1 L.S. 24.24 $24.24
5. Additional concrete required to encase a 21" abandoned Sewer line from the previous
Lift Station 10 C.Y. 56.64 $566.40
6. Additional 4" x 12" x 18' R.S.C. Beam added after allngmant of plar adJacant the
Pavilllon that was Delated.
- 4'x12'x18' 1 L.S. 412.00 $412.00
NOTES: Sub-Total ~ I,'Z." 'Z.. "'" *1,&91!.f:1
1. THIS PROPOSAL INCLUD"S ONLY THE WORK SPECIFICALLY HEREON.
5'" OvarHead (,~. 13 .pe,&&
Sub-Total 1.3ZS-" ~
10'" Profit l'S'Z.Sß' ~
Sub- Total I, *' Sit· 3S '1,1199.58
2.5'" Bond ~ " . *S" t'r.f:ft
Total :1 I, Lf,\ + . ¡O "1 ,Ial>. 19
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. One ( 1 ) PROJECT NO. 9457 DATE: February 27, 1995
PROJECT TITLE: Veterans Park - Phase II
TO CONTRACTOR: DiPompeo Construction
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Perform and provide all labor and material as
described on attached description items 1-4 dated December 16, 1994
and January 23, 1995, for the Veterans Park - Phase II proiect.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $300,700.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $300,700.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 18,387.09
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $319,087.09
PER CENT INCREASE THIS CHANGE ORDER 6.11 %
TOTAL PER CENT INCREASE TO DATE 6.11 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 16 CALENDAR DAYS TO 4/16/1995
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost
data included is, in my considered opinion,
accurate; that the prices quoted are fair
and reasonable and in proper ratio to the
cost of the original work contracted for
under benefit competitive bidding.
CONTRACTOR
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services
DEPARTMENT FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
DIRECTOR MAYOR
ATTEST:
APPROVED: By:
City Attorney City Clerk
\esd\9457\co1
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 7. 1995 - 6:00 P.M.
ADULT RECREATION CENTER AT VETERANS PARK
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
(J) CROSSROADS REOUEST FOR THE CITY TO PURCHASE McGRAW BUILDING:
Consider a request from Crossroads for the City to purchase
the McGraw Building at 306 N.E. 2nd Street.
M E M 0 R A N DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'ftcA
SUBJECT: AGENDA ITEM # q~ - MEETING OF MARCH 7. 1995
CROSSROADS REOUEST FOR THE CITY TO PURCHASE McGRAW BUILDING
DATE: MARCH 7, 1995
At the February 14th workshop, representatives for The Crossroads
Club appeared before the Commission to request assistance in
acquiring a piece of property for use by their organization on a
rent-free basis. The property is owned by Mr. Donald McGraw and is
located at 306 N.E. 2nd Street. Mr. McGraw has offered it for sale
at the the assessed value of $275,000.00. The proposal was to have
the City purchase the property from Mr. McGraw and then enter into
a long term lease with CRC Recovery Foundation, which in turn would
lease the property to Crossroads.
While Crossroads is certainly a worthwhile organization, staff
recommends against this request. I am concerned that we may be
starting to over-extend our resources. Further, I have concerns
that support for this request could establish a precedent for
future or similar cases.
ref:agmemo
[IT' DF DELIA' IEA[H
DELRAY BEACH
f LOR IDA
tI.ezII 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
;iifj:
MEMORANDUM
1993
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: PROPOSED PURCHASE OF THE MCGRAW BUILDING FOR
THE CROSSROADS CLUB
DATE: March 7, 1995
The Crossroads Club has requested that the City purchase the McGraw Building and lease
it to the Crossroads Club for $1.00 per year. The proposed purchase price is $275,000.
The City Commission has indicated some interest in the possibility of doing this and asked
what source of funds might be used for this purpose.
The only source of ready funds which might be used for a purchase of this nature is the
City's undesignated fund balance. The City Commission has previously set a goal of
maintaining the undesignated fund balance between 7-10% of our annual operating
budget. Our annual budget for fiscal 1995 is $40,947,000. Seven percent of that would
be $2,866,000; ten percent is $4,095,000. Our present undesignated fund balance,
according to the recently completed audit, is $3,754,853.
The other option for funding a purchase of this nature is to borrow the money either
internally or externally and repay it in future years. My main concern with this approach is
that any expenditure spread over several years does affect our millage rate. In round
numbers, each $22,000 expenditure equates to III 00 of a mill.
I am also concerned that we already have a number of outstanding commitments:
1. We are working with Palm Beach County and others to acquire the land across from
Atlantic High School for expansion of those facilities. Palm Beach County has already
committed $400,000 toward this project. The extent of the commitment which may be
necessary from the City in order to make this project a reality is unknown at this point, but
I anticipate it will be substantial.
@ Print9d on R9Cycled Paper THE EFFORT ALWAYS MATTERS
City Commission
Re: Crossroads Club
March 7, ] 995
2. The City is committed for development of playground facilities at Pine Grove School.
Again, the County has committed $40,000 toward this project. Preliminary costs for all
the facilities desired at this location is $263,000. A large portion of this could probably be
deferred but the City's contribution will be substantial.
3. We have included in the budget for this year a new life guards' headquarters. The old
headquarters is inadequate and in very poor condition. This item is budgeted for $225,000
from the Beach Restoration Fund. As this project moves forward, I intend to recommend
funding this from the General Fund instead of the Beach Restoration Fund. I would
strongly urge that we maintain the Beach Restoration Fund to be used for maintenance of
the beach itself and not use it for construction of these facilities, as proposed.
4. The Commission has been informed about the existing shortfall in our insurance reserve
of $450,000. This shortfall needs to be made up within the next couple of years.
5. The Commission has discussed many times the need for additional recreation facilities
in the southwest part of the City. Some of this need may be satisfied by the Pine Grove
playground, but the vision has been to develop facilities at the Catherine Strong Center
and the Delray Full Service Center. Again, the extent to which the City will need to fund
development of these facilities is undetermined at this point.
6. We have several unpaved streets where the City has committed to pave them, such as
Southwest 6th Street and streets in the Silver Terrace area. I believe we need to meet
these commitments for basic services which are long standing before we take on entirely
new proposals.
For the reasons outlined above, I believe for us to fully fund the request from the
Crossroads Club would over extend our resources at this time. The City already provides
meeting facilities for several Twelve-Step groups in City buildings. I have reservations
about us buying a building solely for this purpose.
In addition to all the above, I am very concerned about the precedence we would be
setting to fully fund acquisition of this building. I am sure there are a number of other
non-profit, charitable organizations which have capital needs. I am certain if we fund this
we will be very shortly confronted with other similar requests.
For all the reasons outlined above, I feel that I must recommend against the proposal
suggested by the Crossroads Club.
DTH/mld
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THE CRC RECOVERY FOUNDATION, INC.
241 N.E. 2nd Avenue · Delray Beach, Florida 33444 · (407) 278-8004
Facts about CRC Recovery Foundation
The CRC Recovery Foundation, founded in 1990, is a non-profit
(501-C-3) organization whose mission it is to raise money in the
OFFICERS and OIRECTORS Delray Beach community to assist the Crossroads Club and the
Mr. Lawrence C. Eaton Drug Abuse Foundation in their efforts to provide recovery
President programs and facilities for alcohol and drug abuse victims in the
Mr. Clark F. MacKenzie Delray Beach area.
Vice President
Me. Michael W. Tieman
Secretary Since its inception in 1990, CRC Recovery Foundation has
Me. Stephen R. Swank achieved the following results:
Treasurer
Mr. Tony Allerton
Me. David Armstrong Grants made to
Mrs. George T. Francis. Jr. Grants made to Drug Abuse
Me. Horace M. Huftman. Jr. Year Amount Raised Crossroads Club Foundation
Mrs. Laban Jackson
Mr. Heath Larry 1990 $ 78,091 $ 53,600 $ 27,836
Dorothy M. Turner 1991 $ 92,940 $ 51,000 $ 30,000
1992 $ 89,996 $ 64,800 $ 30,000
SPONSORS AOVISORY BOARD 1993 $ 90,497 $ 60,000 $ 30,000
Mrs. Laban Jackson 1994 $117,742 $ 70,255 $ 1,000
Chairman
Mr. & Mrs. Quentin Alexander Notes: 1. Grants made to the Drug Abuse Foundation
Mr. Donald Allmon were solely for one time capital
Mr. & Mrs. Charles M. Beeghly improvements - not for operating budget
Mr. & Mrs. William Connelly expenses.
Me. & Mrs. Walter Driskill 2. At least 85% of the funds raised are from the
Mr. & Mrs. Pete Dye winter colony.
Mr. & Mrs. P. B. Dye
Mrs. Jane Eberts
Me. & Mrs. Raymond F. Evans The CRC Recovery Foundation's primary client is the
Me. & Mrs. William H. Evans Crossroads Club as shown in the above figures. It intends to
Mr. & Mrs. William E. Fay continue that emphasis in its grant distributions.
Mr. & Mrs. William S. Farish III
Mr. & Mrs. Albert A. Garthwaite. Je. The Crossroads Club is currently operating in 5300 sq. ft. of
Mr. Horace M. Huffman, Jr. leased space at 241 N.E. 2nd Avenue. The Crossroads Club
Mr. & Mrs. John H. McConnell provides a meeting place for 25 separate groups which
Mr. & Mrs. Donald C. McGraw, Je. conduct 58 meetings per week and serve an estimated 60,000
Me. & Mrs. William E. Merritt man-hours of meetings per year. Additionally, the Crossroads
Mr. & Mrs Bernard H Ridder Club has recently inaugurated a ground-breaking program for
Me. & Mrs. Christopher R. P Rodgers recovering addicts called "The Living Skills Program" _
Mr. & Mrs. Robert Schumann . .. .
another Delray Beach first In the nation. This program will
Me. & Mrs. Macrae Sykes
Me. & Mrs. Henry S. Taylor benefit greatly by better classroom spaces than are currently
Mrs. George B. Turner available in the present location.
Mr. & Mrs. William L. Wallace
.
.
The Crossroads Club's main concern today and in the future is the escalating
costs of renting their current space. CRC would like to help them solve that
problem.
In its current location, the rent for the 5300 sq. ft. the Crossroads Club
occupies has escalated in the past 12 years from $ 12,000 to $ 27,000 per
year, and is increasing at the compound rate of 3-4% annually. This rental
cost formula has already become unbearable. Therefore, CRC Recovery
Foundation and the Crossroads Club have been searching for a building CRC
Recovery Foundation can acquire for the exclusive use of the Crossroads
Club on a rental-free basis to the club.
We have been successful in locating a very satisfactory property containing
5980 sq. ft. and located within one and one-half city blocks from the
Crossroads Club's current location. With an 18 car parking area nearby, it is
an ideal set up for the club.
The property located at 306 N.E. 2nd Street, is owned by Donald McGraw
who has offered it for sale to CRC Recovery Foundation at the current
assessed value of $275,000, which is substantially below its purchase cost
and improvement estimated to total $425,000.
It is our hope that the City of Delray Beach will buy the property from Mr.
McGraw, and enter into a 100 year lease with CRC Recovery Foundation,
which in turn will lease it to the Crossroads Club. This arrangement is
mutually agreed to by both the Crossroads Club and the CRC Foundation.
The CRC Foundation will undertake to raise $ 60,000 required to upgrade the
property to Crossroads Club meeting place specifications.
With ongoing support from CRC Recovery Foundation we believe that the
Crossroads Club can make a major contribution to the City Council's goal of
encouraging groups that provide programs that will improve the quality of
life and the effectiveness of the citizens of Delray Beach. With its group
therapy meetings and its Living Skills Series of workshops we believe the
Crossroads Club, with CRC Recovery Foundation's financial support
qualifies as being an organization that can help bring about successful
results for our city's quality of living goal.
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
'FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 10· A· - MEETING OF MARCH 7. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
15-95/MIXED TRASH NUISANCE ORDINANCE
DATE: MARCH 3, 1995
This is second reading and public hearing for Ordinance No. 15-95
which amends Chapter 100, "Nuisances", to provide for the
separation of vegetative trash from other refuse, and prohibits
the accumulation of loose, uncontainerized or unbundled trash,
other than large, bulky i terns. The ordinance also provides for
the issuance of a warning notice prior to the issuance of a
citation for violations.
The improper disposal of trash, vegetation and other refuse is
one of the common issues identified by neighborhood residents and
code enforcement staff as a contributor to blight. Also, once
vegetative trash is mixed with other types of refuse, the tipping
fee to dispose of the mixed refuse increases significantly to the
City. This ordinance will place the responsibility for proper
separation and use of containers for all trash on the property
owner. It also incorporates the use of County Court citations to
encourage compliance. Staff believes the appearance of
neighborhoods will be greatly improved through this ordinance.
At first reading on February 21, 1995, Ordinance No. 15-95 was
passed by a vote of 4 to O.
Recommend approval of Ordinance No. 15-95 on second and final
reading.
PQ.OO.úQ 4-0
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ORDINANCE NO. lS-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 PROHmITED" , 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 LOOSE,
UNCONTAINERIZED OR UNBUNDLED REFUSE, OTHER THAN HEAVY,
BULKY ITEMS IS DECLARED A PUBLIC NUISANCE AND IS PROHmITED;
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 fmds that once vegetative trash is
mixed with other types of refuse, the tipping fee to dispose of the mixed refuse increases significantly over that
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
fmds 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
DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 100, "Nuisances," Section 100.01, "Existence of Weeds, Trash and
Vegetation Upon Lands Prohibited," 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 mC!STENCE OF WEEDS. TRASH AND VEGETATION UPON LANDS
PROHIBITED.
(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, vennin 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 tenns and conditions of
this subchapter.
(3) The existence of accumulations of ve¡etative (j.e. yard and gardeI\) trash mixed with other
types of refuse is deemed to be detrimental to the public health. safety. and welfare and thus deemed to be
a public nuisance and prohibited. Such mixed accumulations shall not be picked up by the City's
I sanitation franchisee duriI\g re¡ular collection routes but shall be subject to abatement or citation as other
nuisances in aI\Y manner set forth in this chlij)ter.
(4) The existence of accumulations of loose. uncontainerized. or unbundled refuse. other than
heavy, bulky items is deemed to be detrimental to the public health. safety and welfare and thus shall be
deemed to be a public nuisance and is prohibited. The aforesaid accumulations shall not be picked Qp by
the Çity's sanitation franchisee during re¡ular collection routes but shall be subject to abatement or
citation as other nuisances in any' manner set forth in this chapter.
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 detennine 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 designated
representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is
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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 perfonned after reasonable search, the notice shall be given by a physical posting of the notice
on the subject property .
I (}3) Alternatively, City Code Enforcement officiers may issue a wamin¡ notice in person or
by first class mail to the person who committed the violation. which notice shall specify the section of the
Code of Ordinances which is bein¡ violated and the required correction date. In the event the violation
enumerated on the warnin¡ notice is not corrected as &pecified, a Code Enforcement Officer may issue a
County Court Citation pursuant to Chapter 37 of the Code of Ordinances. or proceed as set forth in this
ch!\pter.
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.
I Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby
repealed.
¡ Section 4. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 7thday of
March ,1995. ~9J?
MAY
I ATTEST:
I (Jt~<ff)?eßúv¡n /ki:Ir
I
I City Clerk .
First Reading February 21, 1995
Second Reading March 7, 1995
weeds.on!
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[IT' DF DELIA' BEA£H ,
I
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRA YBEACH
f l 0 I IDA
twa.d
AlJ.America n MEMORANDUM
" II t DATE:February 28, 1995
1993 TO: David T. Hard~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Sailboat Ordinance
Attached is a copy of the proposed sailboat ordinance reflecting the changes requested by
the City Commission. While amen_~g this ordin~ce I also made other changes to Section
101.35 changing dates that were no longer applicable. ,
(
If this proposed ordinance meets with your approval please schedule it for the City
Commission Agenda.
If you have any questions please call.
cc: Susan A. Ruby, City Attorney
Joe Weldon, Director of Parks & Recreation
sailmem.rbs
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ORDINANCE NO. 14-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FWRIDA, AMENDING CHAPTER 101,
"PARKS BEACHES, AND RECREATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 101.35, "STORING BOATS", TO PROVIDE
FOR AN INCREASE IN THE BOAT STORAGE AREA, CHANGES
IN THE TIME FOR SUBMISSION OF APPLICATIONS FOR
PERMITS, AND AN INCREASE IN THE PERMIT FEE FOR BOAT
STORAGE ON THE MUNICIPAL BEACH, AND BY REPEALING
SECTION 101.35(H) AND RELETfERING SUBSEQUENT
SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 101.35 of the City Code, permits for boat
storage on the municipal beach are issued by the City of Delray Beach; and
WHEREAS, a fee is required to be submitted with the application for a boat
storage permit; and
WHEREAS, the permit fee for boat storage on the municipal beach has not
been increased since 1989; and
WHEREAS, the City Commission deems it to be in the public interest to
increase the fee for a boat storage permit; and
WHEREAS, the City Commission deems it to be in the public interest to change
the time for submission of the applications for permits; and
WHEREAS, the City Commission deems it to be in the public interest to
increase the size of the boat storage area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLWWS:
Section 1. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(D), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(D) The area of the municipal beach in which boat storage under this section
will be permitted is as follows: Bounded on the north by the north right-of-way line of
Beach Drive designated by th~ Florida Department of Transportation as SLD MP
10.358; on the south by a line parallel to the north right-of-way line a distance of ~
500 feet at right angles south; on the west by the western edge of the sand portion of
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the municipal beach; and on the east by a line running north and south at right angles
to the north right-of-way line of Beach Drive that is ten feet west of the average mean
high tide line. This area shall be indicated on the municipal beach by appropriate
signs to be erected by the city administration.
Section 2. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(E), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(E) The owner of a boat who desires to store it in the area designated above
shall make application to the city admiBistratioo for a boat storage permit, on or after
the second week in September. Such permits shall be effective from October 1 of the
current year to September 30 of the next year. The permits shall be issued upon
receipt of the application. Applications may be picked up from the Parks and
Recreation Department at any time during the year for any remaining permits that have
not been issued. wftieh Aapplication! shall be in a form to be prescribed by the city
administratioB containing as a minimum the narneand address of the boat owner,
together with any identifying registration numbers of the boat issued by other
governmental agencies, and the type or model of boat for which application is being
made. The maximum number of boat storage permits which the eity administration
may have be outstanding at any time shall be determined by the City Manager but shall
not exceed the number permitted under the regulations, permission or permit of the
Department of Natural Resources.
Section 3. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 10 1. 35(F) , of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(F) The permit fee to be submitted with the application shall be $121.50
$200.00, plus applicable taxes.
Section 4. That Chapter 101, "Parks, Beach, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(H), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed.
Section 5. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(1), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(I)
iliì Boat evmers shall ha"fe 1iRtil Oetøber 16, 1987, te obtæB the Beœssary
boat storage permit from the city ar Fema'/e their 00at from the fB1iBieipal beach.
Aftef September 1, 1987, Tthe city admiBiSkatÎon shall affix a notice to any boat
r-emainiBg on the municipal beach without the proper permit.:,. which shall give the
owner thereof notice that by October 31, 1987, the owner fB1ist either obtain a boat
- 2 - ORD. NO. l4-95
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storage permit from tàß Ðity or remove die Ðœt frem the ffiüBiøipal beacl1. The notice
shall furtker advise the owner that in the event a current boat storage permit is not
obtained and the boat remains on the municipal beach after October aI, 1987, of the
current year, the boat owner will be subject to a fine of $10 per day for each day the
boat remains on the municipal beach.:, &:Bå that !if the boat remains on the municipal
beach for ten days in violation of this provision that it shall be subject to impoundment
by the city and that in addition to paying the $10 per day fine (which shall also be
applicable during the period of impoundment), the boat owner as a condition precedent
to obtaining the return of his boat shall be responsible for all expenses of the city in
impounding it and all storage costs thereof.
('80 Code, Sec. 17-31) (Ord. No. 33-79, passed 5/29/79; Am. Ord. No. 51-79,
passed 8/13/79; Am. Ord. No. 120-85, passed 11/12/85; Am. Ord. No. 94-87,
passed 11/ 10/87; Am. Ord. No. 148-88, passed 11/22/88; Am. Ord. No. 60-89,
passed 9/26/89)
Penalty, see Sec. 101.99
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 8. That this ordinance shall become effective ten (10) days from its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the day of , 1995.
MAYOR
A TIEST:
City Clerk
First Reading
Second Reading
I8ilboat .ord
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 1~·t3· - MEETING OF MARCH 7. 1995
ORDINANCE NO. 17-95/POST-DISASTER RECONSTRUCTION
DATE: MARCH 3, 1995
This is first reading for Ordinance No. 17-95 which amends the
Land Development Regulations to provide for the post-disaster
reconstruction of nonconforming residential structures. A
first draft of this ordinance was considered by the Commission
on December 13, 1994. Certain concerns were raised as noted in
the Planning Director's memorandum, with the ordinance being
remanded to the Planning and Zoning Board for refinement.
The City Attorney drafted a revised ordinance to address the
requested changes. The Planning and Zoning Board formally
reviewed this ordinance on February 27, 1995, and voted
unanimously to recommend that it be approved.
Recommend approval of Ordinance No. 17-95 on first reading. If
passed, a public hearing will be held on March 21, 1995.
POJ~JJLC_C L{ -0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN CI:Y ~
FROM: DIANE DOMINGUEZ~.I'L ~
DIRECTOR OF PLAN ING & ZONING
SUBJECT: MEETING OF MARCH 7, 1995
LDR AMENDMENT (REVISED) ALLOWING A GRACE PERIOD FOR
THE POST-DISASTER RECONSTRUCTION OF RESIDENTIAL
STRUCTURES TO EXISTING DENSITIES AND HEIGHTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
of an amendment to the LDRs regarding the reconstruction of
nonconforming buildings. The affected regulations are in LDR
Section 1.3, Nonconforminq Uses, Lots, and Structures.
B A C K G R 0 U N D:
This amendment was initiated as a result of recommendations made
by the Planning and Zoning Board's Nonconforming Uses Committee.
It was first considered by the City Commission at the meeting of
December 13, 1994. While the Commission supported the objective
of the ordinance, there were concerns regarding the wording. It
was felt that clarification was needed regarding just what types
of events would constitute a catastrophe. Commission members
also wanted to ensure that an owner would not be precluded from
rebuilding if deliberate actions of others caused the
destruction of the structure. Additionally, it was felt that a
time limit of three years should be placed on the rebuilding of
nonconforming structures.
The City Attorney has drafted an ordinance which incorporates
the requested changes. It provides a better definition of the
destructive events that would be covered by the ordinance, and
clarifies under what circumstances an owner would be held
responsible for the damage, and would not be able to rebuild.
It also requires that all reconstruction be completed within
three years from the date of the destruction.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the revised
ordinance at its meeting of February 27, 1995, and unanimously
recommended that it be approved.
R E COM MEN D E D ACT ION:
By motion, approve the ordinance amending LDR Section 1. 3,
Nonconforminq Uses, Lots, and Structures, to allow for the
reconstruction of nonconforming residential structures destroyed
by catastrophe.
Attachment:
* Proposed Ordinance
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ORDINANCE NO. 17-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES,
LOTS, AND STRUCTURES", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION
1.3.4(B) AND SECTION 1.3.5(C), TO PROVIDE FOR AN EXCEPTION AS SET
FORTH IN SECTION 1.3.8; ENACTING A NEW SECTION 1.3.8 TO PROVIDE
FOR THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL
STRUCTURES DESTROYED BY ACTS OF GOD, PROVIDING DEFINITIONS
AND PROVIDING TIME LIMITS FOR RECONSTRUCTION; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
subject matter at its meeting of August 15, 1994, and has forwarded the change with a recommendation
of approval by unanimous vote; and,
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan; and
WHEREAS, the City Commission, after reviewing the subject matter at their meeting of
December 13, 1994, directed certain changes and clarifications to be made and incorporated in the
ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter One, "General Provisions", Article 1.3, "Nonconforming Uses, Lots,
and Structures", Section 1.3.4, "Nonconforming Structures", Subsection 1.3.4(B), of the Land
Development Regulations of the City of Delray Beach, Florida, be , and the same is hereby amended to
read as follows:
(B) EXCf4)t as provided in Section 1.3.8. S should the nonconforming structure be
destroyed by any means to an extent exceeding 50% of its replacement cost, ~ ~ structure shall
~ Bet be reconstructed eKeept in conformance with the requirements for the zoning district in which it
is located.
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Section 2. That Chapter One, "General Provisions", Article 1.3, "Nonconforming Uses, Lots,
and Structures", Section 1.3.5, "Nonconforming Uses of Structures and Land", Section 1.3.5(C), of the
Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(C) Excq>t as provided in Section 1.3.8. S ~hould the structure involving a
nonconforming use be destroyed by any means to an extent exceeding 50 % of its replacement cost, ~
sueB structure shall ~ Bet be reconstructed eJEeept in conformance with both the development and use
requirements for the zoning district in which it is located.
Section 3. That Chapter One, "General Provisions", Article 1.3, "Nonconforming Uses, Lots,
and Structures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended by enacting a new Section 1.3.8, "Reconstruction Necessitated by an Act of
God" to read as follows:
Section 1.3.8. Reconstruction Necessitated by An Act of God
(A) If a lawful nonconforming residential structure is dam~ged or destro.yed by an Act
of God (the evenQ. the owner shall be permitted to rebuild the structure in accordance with the use and
number of units permitted by the certificate of occQpanc.y. in existence prior to the· occurrence of the
event. Where necessaty. in order to accommodate the same number of units. such structures m~ be
reconstructed to heights previously establisqed on buildi~ permit plans approved prior to the occurrence
of the event. All rebuilding shall comply with fire and building codes in effect at the time of
reconstruction. and shall cOntply to the greatest extent possible with applicable provisio~ of the I.and
DevelQpment Re~lations.
(J3) In order to receive &pproval for rebuilding pursuant to this section. applications for
buiJding permits must be submitted within one year of the date on which the event occurred and all
reconstruction must be contpleted within three years from the date of the event.
(C) The following defintions apply for the pw:poses of this section:
1. Residential Structure: A Residential Structure is a stnIcuture that includes
permanent dewelling unit.1¡ such as homes. townhouses, condominiums. and apartments. as well as
temporaty dwellings such as hotel/motel rooms and resort dwelling units.
2. Act of God (the evenQ: An Act of God (the event) is an unusual.
extI'3ordinaQ'. sudden and unexpected manifestation of the forces of nature which man cannot resist
which m~ include. but not be limited to. floods. storms. fire and other catastrophes. An event shall not
be considered an Act of God if it results from or is contributed to by the intentional or deliberate act or
negligence of the owner that m~ have been prevented by the exercise of reasonable diligence or
2 ORD NO. 17-95
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ordinary care. When an Act of God combines or occurs with the intentional or deliberate act or
neKliience of the owner and the damaa:e necessitatin¡ the reconstruction would not have resulted but for
the owner's intentional or deliberate act or n~KliKence or omission the event shall not be considered an
Act of God.
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 portions thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second and
fInal reading.
PASSED AND ADOPTED in regular session on second and fmal reading on this the
day of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
lOO-94.ord
Post Disaster Ord.
3 ORD NO. 17-95
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[ITY DF DELAAY BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
f l 0 . I D A
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AI~America City MEMORANDUM
, III r!
DATE: February 27, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City Attom~
SUBJECT: Amendment to Board of Construction Appeals Ordinance
When the City Commission adopted a revised unsafe building ordinance in 1994, the
requirements for Board of Construction Appeals membership was inadvertently revised.
The ordinance added a residency/business location requirement which conflicts with the
existing provision as stated in Section 2.2.1(A) of the LDR's. In order to correct the
conflict, this ordinance will remove the residency/business location requirement.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Sharon Morgan, Executive Assistant
Lula Butler, Director of Community Improvement
Jerry Sanzone, Chief Building Official ~~~
BCA.dnt
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¡ ORDINANCE NO. 16-95
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.8, · UNSAFE
BUILDINGS OR STRUCTURES·, SECTION 7.8.13(B),
·QUALIFICATIONS·, TO REMOVE THE REQUIREMENT THAT
MEMBERS OF THE BOARD OF CONSTRUCTION APPEALS BE
_ RESIDENTS OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS
IN THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the current Article 7.8 of the City of Delray
Beach's Land Development Regulations contains a requirement that
members of the Board of Construction Appeals be residents of the City
or have the principal place of business within the City; and
WHEREAS, the City Commission of the City of Delray Beach
desires to remove this requirement, as it was previously not required
prior to the adoption of Ordinance No. 82-94.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Seven, ·Building Regulations II,
Article 7.8, "Unsafe Buildings or Structures", Section 7.8.13,
·Procedural Matters, Board of Construction Appeals·, of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to ~ead as
follows:
(B) QUALIFICATIONS.
~¡¡//_¢~¢tØ//Ø~_¡¡//t¢øt~¢//t~//øt//~_ý¢//t~¢tt
~tt~¢t;_¡/;¡_¢¢/øt/~~øt~¢__/t~/t~¢/¢ttýl All members
shall have actual previous experience in their
respective trade or profession deemed sufficient by
the City Commission.
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.
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Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day· of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 16-95