09-19-95 Regular
DELRA \' BEACH
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~
AII·America City
SEPTEMBER 19. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. '1111'
COMMISSION CHAMBERS ~
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program or 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 less, (10 minutes for group presentations). The Mayor or
presiding officer qas 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.
Regular Commission Meeting
September 19, 1995
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 will
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. :Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes: 5/ '&"1 q,5
6. Proclamations:
A. Sickle Cell Awareness Month - September, 1995
7. Presentations:
A. Friends of Sandoway House - Carolyn Patton
B. Musicians Exchange - Chris Brown
8. Consent Agenda: City Manager recommends approval.
~'3.~. A. RATIFICATION OF APPROVAL/AFTER SCHOOL PROGRAM: Ratify the
JI }o September 12, 1995, consensus to implement fees and award
0'cYJ~pR-. scholarships to the After School Program.
q. B. INITIATION OF FUTURE LAND USE MAP AMENDMENT AND REZONING/DELRAY
(~) BEACH PUBLIC LIBRARY: Initiate a small scale land use map
amendment from Community Facilities to Commercial Core, and
rezoning from Community Facilities District to Central Business
District for the Delray Beach Public Library and adjacent
properties.
C. AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE NATURE
CONSERVANCY: Approve an amendment to the Memorandum of
Understanding between the City and The Nature Conservancy to
reschedule the burn at the Leon Weekes Environmental Preserve.
D. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/LAKE IDA ROAD
UTILITY RELOCATIONS Consider an interlocal agreement with Palm
Beach County for the relocation of utility mains in conjunction
wi th the County's widening of Lake Ida Road, between Congress
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Regular Commission Meeting
September 19, 1995
Avenue and N.E. 2nd Avenue, with the City's cost being
$180,197.60 from 442-5178-536-61.85.
E. CONTRACT WITH FLORIDA ENERGY EFFICIENT WATER PROGRAM/WATER
SYSTEM IMPROVEMENTS; Approve a contract with Florida Energy
Efficient Water Program (FEEWP) for construction of water
system improvements to increase energy efficiency of system
operations through a 50%/50% matching fund grant program.
F. RULES FOR THE BOARD OF CONSTRUCTION APPEALS: Approve rules of
procedure for the Board of Construction Appeals as adopted by
the board on September 6, 1995.
G. RULES FOR THE BOARD OF ADJUSTMENT; Approve rules of procedure
for the Board of Adjustment as adopted by the board on
September 7, 1995.
H. RESOLUTION NO. 65-95: Approve a resolution requesting a
pro-rata share of the County Emergency Medical Service
Surcharge Award Program funds and authorizing the Mayor to
execute all documents necessary to complete the request.
1. RESOLUTION NO. 66-95: Approve a resolution declaring that the
City of Delray Beach is self-insured and is subject to the
limitations of liability set forth in Florida Statutes Section
768.28.
J. RESOLUTION NO. 67-95; Approve a resolution authorizing the
Mayor and City Clerk to certify a survey of a portion of N.W.
7th Street, and directing that said survey be filed in the
Public Records of Palm Beach County.
K. SETTLEMENT/CITY V. PACOULOUTE (S.W. 10th STREET RIGHT-OF-WAY) :
Approve settlement in the amount of $10,000.00, including all
costs and attorney's fees, for the referenced eminent domain
case as recommended by the City Attorney.
L. SETTLEMENT/NATIONAL AMERICAN INSURANCE COMPANY: Approve a
settlement offer in the amount of $20,000.00 from National
American Insurance Company as recommended by the City Attorney.
M. APPOINTMENTS TO THE METROPOLITAN PLANNING ORGANIZATION'S
TECHNICAL ADVISORY COMMITTEE: Approve the appointment of Paul
Dorling as regular member and Diane Dominguez as alternate
member to the Metropolitan Planning Organization's Technical
Advisory Committee.
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period September 5 through September 15, 1995.
O. INVESTMENT POLICY AND PROCEDURES: Adopt a formal investment
policy for the investment of City operating, capital and debt
service funds.
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Regular Commission Meeting
September 19, 1995
P. AWARD OF BIDS AND CONTRACTS:
1. Contract renewal to Human Affairs International, the
City's Employee Assistance Program provider, in the amount
of $26,900, from 551-1576-591-31.90:
2. Contract award to Marine Engineering Contractors, Inc. for
construction of a catwalk addition at the Water Treatment
Plant, in the amount of $137,600 from 441-5161-536-63.42.
3. Bid award to Allied Universal Corp. for Hydrofluosilicic
Acid, at an estimated annual cost of $14,250 from FY 95/96
441-5122-536-52.21.
4 . Bid award to Photoline Supplies for various photographic
supplies via City of Boca Raton bid, at an estimated
annual cost of $19,159.30 from FY 95/96 Photo/Microfilm
Services (34.70 from various departmental operating
budgets) .
5. Bid award to Kevlex, Inc. d/b/a School Bus Service for bus
rental service for the After School, summer day camp, and
Rocks football programs, in the approximate amount of
$40,000 from 001-4106-572-44.90, 001-4105-572-44.90 and
001-4121-572-55.40.
6 . Bid award to various vendors for road construction
materials; a co-op bid, (9 firms, 7 governmental agencies)
at an estimated annual cost of $82,752.25 from FY 1995/96
various departments (Streets and Construction Divisions)
Operating Budgets.
9. Regular Agenda:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/KOKOMO
KEY: Consider an appeal of the Site Plan Review and Appearance
Board's approval of the site plan and building elevations for
Kokomo Key, a proposed 133 unit townhouse development to be
located on the east side of U.S. Highway No. 1, south of the
Swap Shop (former Marina Cay site) .
B. WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION: Consider a
request to execute a water service agreement in lieu of
annexation for an unincorporated parcel located on the west
side of Barwick Road in unincorporated Palm Beach County.
C. SPECIAL EVENT REOUEST/BACKROOM BLUES BAR: Consider a request
for special event approval to allow the Backroom Blues Bar at
16 East Atlantic Avenue to hold an outside Centennial Blues
Show on Sunday, October 8, 1995, from 6:00 p.m. to 9:00 p.m.
D. REQUEST FOR WAIVER/nHOOP IT upn: Consider the Joint Venture
and Streetball Partners International, Inc. request for waiver
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Regular Commission Meeting
September 19, 1995
of Section 4.6.7(C) (9) of the LDRs on the use of inflatables at
the "Hoop It Up" event scheduled for October 14-15, 1995.
E. SOCIAL SECURITY OFFSET/DISABILITY RETIREMENT: Consider a
request to repeal the Social Security offset for disability
retirees from the Police and Fire Pension Plan.
F. AMENDED AND RESTATED LEASE AGREEMENT WITH PALM BEACH COUNTY FOR
ANCHOR PARK: Consider an amended and restated lease agreement
with the County for Anchor Park which extends the original term
from July 31, 2008 until 38 years from the date of full
execution of the lease.
G. REJECTION OF BIDS/ATLANTIC AVENUE AND MIRAMAR DRIVE PUMP
STATION: Consider rejecting all bids received for the Atlantic
Avenue and Miramar Drive Stormwater Pump Station project and
authorize staff to readvertise with revised bid specifications.
H. BID AWARD/ENVIRODYNE. INC.: Consider bid award to Envirodyne,
Inc., second low bidder, for supplemental laboratory analysis
for water, wastewater, etc., at an estimated annual cost of
$18,000 from FY 1995/96 budget #441-5122-536-34.90 and
441-5142-536-34.90.
I. CONTRACT ADDITION (C.O. #14)/CHAZ EQUIPMENT COMPANY: Consider
a contract addition with Chaz Equipment Company for the
emergency removal and replacement of an existing deteriorated
8" sanitary main and adj acent service on S. W. 7th Avenue at
S.W. 1st Street, in the amount of $16,000.00 from
442-5178-536-46.90.
J. COUNTYWIDE IMPACT FEE REVIEW COMMITTEE: Consider a request
from the Municipal League for interest in serving as a League
representative on the Countywide Impact Fee Review Committee.
K. TREASURE COAST REGIONAL PLANNING COUNCIL: Consider a request
from the Municipal League for interest in serving as an
alternate on the Treasure Coast Regional Planning Council.
L. SPECIAL EVENT APPROVAL/1ST ANNUAL DELRAY BEACH BREW FESTIVAL:
Consider a request from Pineapple Grove Main Street, Inc. for
special event approval to hold the 1st Annual Delray Beach Brew
Festival on Saturday, October 28, 1995.
10. Public Hearings:
A. RESOLUTION NO. 68-95: A resolution levying a tax on all
properties within the City of Delray Beach for maintenance and
operation, and for paYment of principal and interest on bonded
indebtedness, for FY 1995/96.
B. RESOLUTION NO. 69-95: A resolution levying a tax on all
properties within the Downtown Development Authority Taxing
District of the City of Delray Beach.
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Regular Commission Meeting
September 19, 1995
C. RESOLUTION NO. 70-95: A resolution making appropriations of
sums of money for all necessary expenditures of the City for
the period October 1, 1995 to September 30, 1996.
D. ORDINANCE NO. 49-95: An ordinance amending Chapter 51,
II Garbage and Trash" , of the City Code to provide for an
increase in the rates charged for garbage, recycling and trash
services provided to residential and commercial customers.
E. ORDINANCE NO. 51-95: An ordinance establishing initial zoning
of PRD-5 (Planned Residential Development - 5 units per acre),
RM-8 (Medium Density Residential - 8 units per acre), OS (Open
Space) , and SAD (Special Activities District) for Blood's
Hammock Groves located on the south side of Linton Boulevard
and east of Military Trail.
F. ORDINANCE NO. 52-95: An ordinance amending Chapter 93, II Cable
Television II , of the City Code to provide for free cable service
to all public buildings within the City of Delray Beach.
G. ORDINANCE NO. 50-95: An ordinance amending the Police and
Firefighter Pension Plan.
H. ORDINANCE NO. 53-95: An ordinance to provide for
representation from the new Orchard View Elementary School on
the Kids and Cops Committee.
11. Comments and :Inquiries on Non-Agenda :Items from the Public-
:Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Comments and :Inquiries on Non-Agenda :Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 19. 1995 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
8.Q. Governmental Unit Agreement between the City Parks and
Recreation Department and the Children's Services Council of
Palm Beach County to provide structured recreational, leisure,
cultural, and educational after-school activities to 300
elementary age children who live in Delray Beach.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: G1t; CITY MANAGER
SUBJECT:~ ADDITIONAL MATERIAL FOR THE SEPTEMBER 19. 1995. REGULAR
MEETING
DATE: SEPTEMBER 18, 1995
Attached is additional material for the September 19th regular
meeting as follows:
Under Item 5. - Approval of Minutes:
Minutes of the Regular Meeting of August 8, 1995
For Reqular Aqenda Item 9.C. - Special Event Request/Backroom Blues
~
Letter dated September 18, 1995, and accompanying petition
from Virginia Snyder, 38 South Swinton Avenue
For Reqular Aqenda Item 9. L . - Special Event Approval/1st Annual
Delray Beach Brew Festival:
Backup material, staff report and recommendation.
AMH/m
Attachments
ref:agmemo
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WHEREAS, the Sickle Cell Disease Association of
America/Palm Beach County Chapter, Inc. takes great pride in
providing services to Sickle Cell patients and their families;
and
WHEREAS, the Sickle Cell Disease Association of
America/Palm Beach County Chapter Inc. is instrumental in
furthering the dissemination of knowledge about the disease
through education in the public schools, the community and
health care settings; and
WHEREAS , the Sickle Cell Disease Association of
America/Palm Beach County Chapter, Inc. offers counseling
relative to Sickle Cell Disease and the Sickle Cell Trait as
well as support group sessions; and
WHEREAS, the Sickle Cell Disease Association of
America/Palm Beach County Chapter, Inc. assists with screening
and testing of individuals and their families; and
WHEREAS, the Sickle Cell Disease Association of
America/Palm Beach County Chapter, Inc. and WPOM Radio Station
are hosting its annual Radio-Thon September 22-23, 1995, in
order to raise monies to support the activities of the local
Chapter; and
WHEREAS. the Sickle Cell Disease Association of
America/Palm Beach County Chapter, Inc. will sponsor a major
workshop/conference (a first in the South Central Region) for
the medical community to ensure Sickle Cell patients have the
best medical care.
NOW. THEREFORE . I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim September, 1995, as
SICKLE CELL AWARENESS MONTH
BREAK THE SICKLE CYCLE
EXTEND AND ENHANCE THE QUALITY OF LIFE
in Delray Beach, Florida, and urge all our citizens to learn
more about this serious disease and support the efforts of the
Sickle Cell Disease Association of America/Palm Beach County
Chapter, Inc. in finding a cure.
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 19th day of September, 1995.
MAYOR
THOMAS E. LYNCH
SEAL ~ A
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Proforma Budget Summary
The Friends of Sando way House Nature Center, Inc.
Startup Expenses
Note 1 Cost of refurbishing (house and elevator) $138,225
Note 2 Landscaping and pool $ 26,260
Note 3 Furnishings, equipment, support $ 79,463
Subtotal $243,948
Contingency reserve $ 50,000
Total $293,948
Startup Income
Note 4 Proceeds ftom historic grant $ 69,113
Note 5 Total to be fundraised by March 1996 $150,000
Note 5 Total to be fundraised
between March and December 1996 $ 74,835
Total $293,948
Note 1: This estimate is based on two contractors' comprehensive estimates and includes a
5% add on for architect's fee. This cost could increase upward to $200,000 based on the
quantity of renovations deemed necessary to preserve the historic authenticity of
Sandoway House.
- Note 2. Estimate based on information ftom two local landscaping concerns and one
professional pool contractor.
Note 3. Estimate was compiled by our board members, including three marine and
environmental science experts.
Note 4. Estimate based on a grant formula which is 1/2 of refurbishment ($138,225).
Note 5. Estimate includes the selling of sponsorships of rooms, gifts of cash and in-kind
contributions.
Center projected to open June 1, 1997
Prepared 9/15/95
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THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.
Preliminary
Statement of Operations
Prepared 9/15/95
Year 1 Year 2 Year 3 Year 4 Year 5
Income from Operations
Membership dues 16000 17600 19360 21296 23426
Annual event 10000 11000 12100 13310 14641
Admission fees 9500 10450 11495 12645 13909
Scheduled adivity fees 7500 8250 9075 9983 10981
Gift shop sales 25000 27500 30250 33275 36601
Additional fundraising 7500 8250 9075 9983 10981
Subtotal operations income 75500 83050 91355 100492 110539
Income from Grants
Foundation donations 15000 16500 18150 19965 21962
Govemment agency grants 25000 27500 30250 33275 36603
Subtotal grant income 40000 44000 48400 53240 58565
Income totals 115500 127050 139755 153732 169104
Operating Expenses
Salaries -
Director 30000 31800 33708 35730 37874
Part time maintenance 8000 8480 8989 9528 10100
Part time reception 8000 8480 8989 9528 10100
Part time store manager 5200 5512 5843 6193 6565
Payroll taxes and benefits 7936 9138 10522 12116 13952
Maintenance contracts 1000 1060 1124 1191 1262
Insurance 5100 5406 5730 6074 6438
Marketing 10000 10600 11240 1191 0 12620
Gift shop cost of sales 12500 13250 14045 14888 15781
Display equipment 15000 15900 16854 17865 18937
Supplies 10000 10600 11240 11910 12620
Overhead 7200 7632 8090 8575 9090
Total operating expenses 119936 127858 136374 145508 155339
Net income -4436 -808 3381 8224 13765
Beginning cash 50000 48380 50814 57928 70450
End cash, before major capital
expense and contingencies 45564 47572 54195 66152 84215
Note: Income increased by 10% a year
Expenses increased by 6% a year
Budget figures derived fÌ"om consultations with three other major nature
centers in Palm Beach County, as wen as the site's actual utility billing. Payron deduction
formula is 15. 15% per year.
The Friends of Sandoway House
Nature Center, Inc.
The Friends of Sandoway House Nature Center, Inc. is a not-for-profit
organization dedicated to supporting a nature center in a historic beachftont setting.
President
Carolyn H. R. Patton
Vice President
Diane Wold Jennings
Treasurer
Hank Steffens
Secretary
Pamela S. Findlay
Board of Directors
John C. Flint, Jr.
Jean M. Irwin
Edna-French Johnstone
Debra S. Kogelman
Hon. Thomas E. Lynch, Mayor of Delray Beach
Laura H. McCormick
Frank E. McKinney
Nilsa C. McKinney
Kathy OliveIIa
Rev. Bernard J. Pecaro
Alieda N. Riley
Rachel S. Speicher
William S. Weisman
For more information, please contact Carolyn Patton at (407) 276-0189.
RECEIVED
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CITY M~~" ~-"'C: nFFICI:
Friends of Sandoway House
August 10, 1995
To: The Palm Beach County Commission, the Delray Beach City Commission, and the Delray
Beach City Manager
From: Friends of Sandoway House
We would like to extend our sincere appreciation to the County and the City for acquiring the
Sandoway property for public use.
Friends of Sando way looks forward to working with city staff to bring a nature center to life
there. We have attached our planning report--developed over the past two months with a team of
top Palm Beach County educators.
We feel strongly that such a facility is needed here (experts in the field have asserted this to us).
Moreover, our local children can benefit immensely from added park space, with a nature center
that reinforces their school work in such an exciting way.
Implementing these plans depends only on funding! We are planning extensive fundraising
efforts as soon as we are formally granted our nonprofit status.
We look forward to a rewarding period of project development with city staff
........
Si~/u~
Carolyn Patton, President, Friends of Sandoway House
1020 Tamarind Road
Delray Beach, Florida 33483
407-276-0189
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CITY MM" "''''I')'~ nFFICE
Friends of Sa.ndowa.y House
August 10, 1995
To: The Palm Beach County Commission, the Delray Beach City Commission, and the Delray
Beach City Manager
From: Friends of Sandoway House
We would like to extend our sincere appreciation to the County and the City for acquiring the
Sandoway property for public use.
Friends of Sandoway looks forward to working with city staff to bring a nature center to life
there. We have attached our planning report--developed over the past two months with a team of
top Palm Beach County educators.
We feel strongly that such a facility is needed here (experts in the field have asserted this to us).
Moreover, our local children can benefit immensely from added park space, with a nature center
that reinforces their school work in such an exciting way.
Implementing these plans depends only on funding! We are planning extensive fundraising
efforts as soon· as we are formally granted our nonprofit status.
We look forward to a rewarding period of project development with city staff.
Si~þy¥~
Carolyn Patton, President, Friends of Sandoway House
1020 Tamarind Road
Delray Beach, Florida 33483
407-276-0189
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SANDOWAY HOUSE NATURE CENTER
The historic Sandoway House, at 142 South Ocean Boulevard in Delray
Beach, is an ideal location for a nature center. The property fronts the Atlantic
Ocean, a fragile beach-front environment that is home to myriad plant and marine
animal species, some of them endangered. Native vegetation and clusters of dune
plantings will be added to the front yard, offering a hands-on laboratory for
studying the wonders of nature. Touch tanks, displays and educational programs
inside the house will further demonstrate our native Florida ecosystems.
Transforming the former residence into the Sandoway House Nature
Center also will provide a living history lesson. Inside this 1936 home, children
and adults can literally feel the past. The open-air porch, the Dade County pine
floors, the French style doors, the fIreplace, the arched window on the
staircase--these are just some of the architectural details that teach a history lesson
of beach- front living before the advent of air conditioning.
Developing programs to educate the public on environmental and marine
subjects, as well as history, addresses goals outlined in the City's Local
Comprehensive Plan. Similar goals are now formal educational policy of both the
State of Florida and the School Board of Palm Beach County. SpecifIc educational
goals include environmental SCIence, Florida history and cross-discipline
curriculums. Moreover, housing a natural science center in an historic house gives
it a uniqueness that recalls the days when nature was a larger part of every child's
life.
Schoolchildren will be a focus of our programs, with a particular sub-focus
on middle school groups, as educators and parents have told us that middle school
children in the south Palm Beach County area have very few available fIeld trip
destinations. There are 59 public schools with over 48,0001 students in Lake
Worth, Lantana, Boynton Beach, Delray Beach and Boca Raton--our geographic
target area. Thousands more attend private and parochial schools. In total, 500,000
people live in central/south Palm Beach County--and for most of them, the
Sandoway House Nature Center will be closer than any existing marine facility.
In addition to school groups, the target audience includes adults, nature-related
groups in our community and visitors to the area. The Center will conform to all
the provi8ions of the Americans with Disabilities Act.
Situated between a city-owned park and two city parking lots, the addition of
this ocean front property with its Nature Center adds an invaluable resource for
residents throughout the region.
I Within this, there are 8 middle schools with a total of 11,547 students. Revised DRAFT 7/27/95
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PLANNING TEAM
Planning Team Coordinator:
· Carolyn Patton, Founder of Friends of Sandoway
Educational Consultants:
· Pam Findlay, M.A. Marine Education, Faculty Member, Science and Math
Departments, S1. Andrew's School, Boca Raton
· Debra Kogelman, M.A. Education, Chairman, Middle School Science
Department, Loggers Run Middle School, Boca Raton
· Diane Jennings, M.S., Ocean Engineering, Faculty Member, Science
Department, Marine Biology and Physics Instructor, S1. Andrew's
School
· Kathy Olivella, B.A. Education, Middle School Facility Member, Science
and Social Studies, Unity School, Delray Beach
Special Consultants:
· Steve Bass, Manager, Gumbo Limbo Environmental Complex, Boca Raton
· Jeff Fisher, Manager, Okeeheelee Nature Center, West Palm Beach
· Dr. Ray McAllister, Professor Emeritus, Ocean Engineering, Florida
Atlantic University.
Community Liaisons:
· Gayl Brown, Vice-President, Delray Beach Historical Society
· Rachel Speicher, Past President, Beach Property Owners Association
City Liaison:
· Doug Randolph, Training and Development Manager
Developerl Owner Liaison:
· Frank McKinney, President, Venture Concepts International, Delray Beach
Site Planning Consultants:
· John P. Johnson, Director, Historic Palm Beach County Preservation Board
· Jo-Anne Peck, Assistant, Historic Palm Beach County Preservation Board
Revised DRAFT 7/27/95
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EDUCATIONAL PROGRAM PLAN
/KEYED TO FLOOR PLAN
FIRST FLOOR
ACTIVITY ROOM (front porch)
The large, ceiling-fan cooled porch will serve as our Activity Room, and
Reception Area with touch tanks, turtle displays and rocking chairs ( the latter for
taking a break and gazing out at the beach). Journals will be provided for children
and adults to write down their thoughts as they look at the natural world around
them. The existing rustic pine floor will welcome sand and facilitate beach-related
craft activities.
SCIENCE EXHIBIT AND COMPUTER ROOM (living room)
This room of the Sandoway House Nature Center will have multiple
computer stations programmed with a variety of environmental and oceanographic
topics: turtles, sand dunes, barrier islands, tidal movement, waves, energy
conservation, seasonal changes in the beach and stars, and weather including
hurricanes.
Wall displays would tie in to computer programs with interactive maps, large-scale
photographs, sharks' jaws, hurricane tracking, etc.
The computers would allow for current on-line information from the National
Weather Service, NOAA, INCAR, and oceanographic institutes.
MICROSCOPE LAB (den)
This room will be set up with microscopes and slides of different specimens
from the habitats surrounding the Nature Center. The research topics are myriad,
and will include water quality and sea lice studies. Phase II of the Nature Center
will add an outdoor "Wet Lab" where specimens from the beach will be dried and
prepared for mounting on slides.
OLD FLORIDA ROOM (dining room)
This room will showcase local history. Visitors will experience the past
through such displays as architectural styles, legends of the beach, shipwrecks,
Delray's cartoonists colony and growth of the beach front community.
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GIFT SHOP (original porch)
This channing comer will feature wildlife and nature gifts that relate to the
Center. The Gift Shop will be developed into a major funding source for the
Center because wildlife-related gifts are highly marketable.
CLASSROOM/MEETING ROOM (garage)
This room provides space for about 50 people. In Phase II. expansion could
accommodate 75 people. State-of-the-art video equipment will be installed so we
can simulate a dive underwater to the Delray Wreck or a Trolley Car ride around
historic Delray. The Meeting Room will also provide a facility where city groups
can gather--the Beachwalkers Club, the Lifeguards' Ocean Awareness Classes,
Garden Clubs, etc.
KITCHEN (existing)
With the addition of new cabinets and a serving bar, the existing kitchen will
serve as a food distribution point during fund raising events.
CORAL REEF (swimming pool)
By viewing a simulated reef, with some natural fish, in the swimming pool,
visitors will develop an understanding of the beauty and complexity of these reefs,
and the importance of nurturing and protecting these fragile ecosystems.
SECOND FLOOR
OBSERVATION DECK (front deck)
From this vantage point, visitors can gaze at the ocean, the stars, the native
environment and birds. Views from this deck extend to the natural beach and the
horizon of the Atlantic Ocean.
PROFESSIONAL RESOURCE CENTER (bedroom # 1)
The Resource Center (located on the ocean side of the second floor) will be
available to educators with teaching materials on environmental education and
oceanographic studies, related to the surrounding habitats near the Nature Center.
The Resource Center would be open at convenient times for professional use and
there will be a "share board" where teachers can share thoughts, ideas and lesson
plans. CD-ROM, video and on-line computer link to a major university are planned
for this room. There also will be opportunities for professional workshops on
environmental and marine topics.
.
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OFFICE (bedroom #2)
This room will provide workspace for the staff.
STORAGE (bedroom #3)
Storage of supplies and exhibit materials.
Revised DRAFT 7/27/95
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OUTLINE OF EDUCATIONAL PROGRAMS
T: denotes programs for teachers and students
S: denotes programs for students
A: denotes programs for all ages
Nature Center staff and volunteers would administer several of the follovving programs
throughout the year.
T: TEACHER OUTREACH--Designed to provide readiness skills for teachers as well as
students. The center will provide basic lesson plans for teachers to discuss with students before
visiting the center. Lessons could be accessed through the inter-office PONY system. Teachers
will be able to assist with the presentations at the center. By completing the lessons and visiting
the center, teachers and students alike will have a better understanding of the Florida ecosystem.
Programs are adaptable for all students, but particularly focus on the fourth and eighth grade
curricula.
A: LIVING HISTORY--Using the Sandoway House as a base, a variety of history programs and
displays can involve participants of all ages in the study of such topics as shipwrecks (Delray has
an historic wreck just offshore), the legendary Barefoot Mailman, the art of story telling and
Sailor Jim's Cave.
A: TURTLE W ALKS--A focus of our center will be the endangered/threatened sea turtles
which nest on the nearby beach (Delray had 246 crawls last year). Regular walks will be
scheduled with local experts as guides. Education about the sea turtle and the importance of
"lights out" will be emphasized. The Center could begin an Adopt-A- Turtle program, an ongoing
source of fund raising.
S: OCEANOGRAPHY (Phvsicsl)-- Sieves, shovels, measuring tape and stopwatches are the
simple tools that can be used to learn the wonders of the ocean. Students can improve their
math, geometry, graphing and percentage skills by measuring profiles of the beach, wave
fonnations and coarseness of sand from the water's edge to the dunes
A: DUNE & NATIVE VEGETATION--Plant and animal life abound on the dunes. Students
and adults can learn the importance of dunes in hurricanes and the importance of their
preservation. The center's front yard will include native plal1t and dune environments. Trails
through this environment will provide access. Students can tr'l.nsplqnt appropriate species to the
natural dune across the street--helping to reinforce it.
A: MARINE BIOLOGY --The study of organisms that inhabit our ocean- collecting and
classifying them- will enhance students' and adults' respect for their marine environment. The
.
. .
program would encourage studying the needs and habitats of these organisms and how man can
nurture them.
S: SUB TROPICAL WEATHER -- Simple tools again can be utilized to measure water and air
temperatures and to discover minute, but significant, changes in the seasons (yes, we do have
natural seasons, even in South Florida!)
A: ENERGY EFFICIENCY -- Sandoway House, constructed before the use of air-conditioning,
provides a hands-on look at energy efficiency. Students will answer such questions as "what did
early pioneers use as insulation?"
A: CORAL REEFS--By viewing an artificial reef, created in the swimming pool, visitors will
understand the many species that derive life from the reef, and the importance of nurturing these
environments.
S: MICROSCOPE LAB--In Phase I of the center, the lab will be set up for the students to view
slides from the surrounding habitats. Phase II will add the skills of finding, cataloging, drying
and mounting the specimens in the Wet Lab.
A: ASTRONOMY--The observation deck of the center, surrounded by a city park, will be an
ideal viewing spot for the stars. Night launches from Cape Canaveral could also be seen from
here.
A: OCEAN AWARENESS AND SAFETY --This is an existing class offered by the City's
Ocean Rescue Division. Currently given at the Recreation Center, this program could be moved
to the Sandoway House Meeting Room, where examples are closer at hand. Also, Ocean Rescue,
an authorized Red Cross training group, would like to teach CPR and first aid at Sandoway
House.
S: CHll.DREN AT RISK-- The environment of a nature center provides a fun, exciting location
for an after-school program for children at risk. An on-going program, modeled after the
Odyssey of the Mind prototype, will afford these children long-range research and
problem-solving skills.
S: TEEN BOARD--The administration of a Nature Center can be a valuable learning tool for
teens as well as adults. Teen board members can participate as volunteers in many aspects of
administration and programming.
.
S: JUNIOR LIFEGUARDS-- The Ocean Rescue division needs a facility to house this
program. Sandoway House can provide this Wihl the meeting room. The Ocean Rescue division
plans to have a six-week summer session with follow-ups on Saturdays throughout the year. The
program would be open to 10 to 16 year olds.
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A: HISTORIC WALKING TOURS-- The historic walking tour can be used for adult
enrichment or adapted for students as an interdisciplinary tool. The tour would highlight both
history and different architectural styles in Delray Beach--currently celebrating its Centennial.
The tour would be given via slides, or taken on foot. It all begins at Sando way House, a living
history lesson.
NOTE: COMPUTER PROGRAMS WILL ENABLE ALL AGES TO LEARN MORE ABOUT
HISTOR Y AND SCIENCE AND WILL CHANGE CONST ANTL Y, TO KEEP VISITORS
COMING BACK. COMPUTER KNOWLEDGE AND USE WILL BE ENHANCED.
.
Revised DRAFT 7/27/95
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ft3'cITY MANAGER
fA·
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 19. 1995
RATIFICATION OF APPROVAL/AFTER SCHOOL PROGRAM
DATE: SEPTEMBER 15, 1995
This is before the Commission to ratify the September 12 workshop
consensus to implement fees and award scholarships to children
for the After School Program. The fee as agreed to will be $4.00
per child per week for those children who do not receive a
scholarship.
Staff is researching the eligibility criteria for Title 20 and
the Free School Lunch Program as a basis for use in determining
scholarship eligibility. We will present a recommendation for
selection as a separate item along with a recommendation
concerning a date to start the charges.
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elL I
CITY COMMISSION DOCUMENTATION
TO: ~ARDEN' CITY MANAGER
FROM: A~E DOM~~TOR
DEPARTMENT OF PlANN G AND ZONING
SUBJECT: MEETING OF SEPTEMBER 19,1995
INITIATION OF FUTURE LAND USE MAP AMENDMENT AND
REZONING FOR THE DELRAY BEACH PUBLIC LIBRARY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is initiation of a small-scale land
use map amendment and rezoning for the Delray Beach Public library and
associated properties. The requested change in land use is from Community
Facilities--Public Building to Commercial Core. The zoning change is from CF
(Community Facilities) to CBD (Central Business District). The properties are
located between S.E. 4th and S.E. 5th Avenues, approximately one-half block
south of Atlantic Avenue.
BACKGROUND:
Prior to 1990, the public library and the adjacent parking area were zoned CBD,
Central Business District. When the new Comprehensive Plan and City-wide
rezonings were adopted in 1989 and 1990, the Community Facilities land use
and zoning designations were affixed to the properties. The designations were
applied to all of lots 8, 9, 10, 15, 16, and 17 of Block 101, Town of Delray.
Included within the Jots are the library, the Chamber of Commerce building, and
the associated parking lot, all of which are owned by the City. The rezoning also
included a privately owned structure located immediately south of the library.
The CF zoning regulations call for a 10' perimeter buffer around buildings. The
library has an existing setback of close to 0' on the south end, and 7.5' on the
west side. An expansion is planned that would take the second floor to within a
few feet of the east property line as well. Under the CBD regulations, 0' front,
side and rear setbacks are permissible for properties located within the first
block north and south of Atlantic Avenue. The CBD zoning also provides more
~. f3.
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City Commission Documentation
Initiation of FLUM Change and Rezoning--Public Library
Page 2
flexible parking requirements than the CF district. In light of the less restrictive
requirements, Library Director Peter Daniels requested the change in zoning to
CBD.
Libraries are a permitted use in the CBD zoning district. The CBD zoning is also
more appropriate for the Chamber of Commerce offices, and the privately owned
building to the south of the library. In order to amend the zoning, the land use
designation must be changed as well. This can be accomplished through the
small scale amendment process, simultaneous with the rezoning.
PLANNING AND ZONING BOARD CONSIDERATION:
The P & Z Board has not acted on this item. Once initiated, this request will be
presented to the Board for a formal recommendation.
RECOMMENDED ACTION:
By motion, initiate the following actions for the Delray Beach Public Library and
adjacent properties:
0 A small-scale land use map amendment from Community Facilities
to Commercial Core; and
0 A change of zoning from Community Facilities to Central Business
District.
Attachments:
. Letter from Peter Daniels, Library Director
. Location Map
,,'
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DELRAY BEACH LIBRARY
29 SOUTHEAST FOURTH AVENUE
DELRA Y BEACH, FLORIDA 33483
276-6462 276-6482
August 30, 1995
Diane Dominguez, Director of Planning
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
-
Dear Mrs. Dominguez:
The Board of Directors of the Delray Beach Public Library Association, Inc. has
asked me to write you requesting the City of Del ray Beach initiate rezoning for the
property upon which the library is located. The property is presently zoned CF
and we would like for it to be zoned CBD.
?~~~
Peter Daniels, Library Director "'tf'~;~~~
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N SMALL SCALE AMENDMENT & REZONING
PLANNING DEPAR1\IENT DE LRA Y B EAC H PUB LI C LI B RARY
CITY or DELRAY BEACH. f'L
- - DIGITAL BASE MAP SYSTEM --
"
. , . .
[IT' DF DELRA' BEA[H
DELRAY BEACH RECEIVED
f lOR I [) ...
td.'td 100 N,W. 1st AVENUE· DELRAY BEACH, FLORJJiEß4Q45 J995.;3-7000
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MEMORANDUM
1993
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Amendment to Agreement with The Nature Conservancy
DATE: September 5, 1995
Attached is an amendment to the agreement between the City of Delray
Beach and The Nature Conservancy to reschedule the burn at Leon Weekes
Environmental Preserve. Again, we anticipate doing the burn between
December and February when winds are generally favorable. The City
Attorney's office has reviewed and approved the amendment.
Please place this on the September 19, 1995 agenda for City Commission
consideration.
Parks and Recreation
Attachment
cc: Sharon Morgan
Agenda Coordinator
JW:cp
Ref:dhncburn f· C, .
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
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AMENDMENT TO:
MEMORANDUM OF UNDERSTANDING
By and Between
C:ITY OF DELRAY BEACH
- And -
THE NATURE CONSERVANCY
TH:IS AMENDMENT made and entered into this ____ day of July,
1995 by and between the CITY OF DELRAY BEACH, a political
subdivision of the state of Florida (hereinafter the "city") with
an address c/o Department of Parks and Recreation, 50 NW 1st Ave.,
Delray Beach, FL 33444 and THE NATURE CONSERVANCY, a nonprofit
District of Columbia corporation exempt from Federal taxation under
Section 501(c) (3) of the Internal Revenue Code, with an address at
2699 Lee Road, suite 500, Winter Park, Florida 32789 (hereinafter
the "Conservancy").
WIT N E SSE T H:
WHEREAS, A Memorandum of Understanding (hereinafter the "MOU")
was entered into on the 31st day of August, 1994 by and between the
City and the conservancy; and
WHEREAS, the city and the' Conservancy have agreed to extend
the completion date of the original MOU.
NOW, THEREFORE, in consideration of the foregoing and of other
good and valuable consideration, the parties hereto agree to the
following:
TERMS AND CONDITIONS
1- Extend the completion date as set forth in Paragraph C(3)
of the MOU from August 31, 1995 to June 28, 1996.
2 . The original MOU in all other respects and as amended
herein is hereby ratified and confirmed as being in full force and
effect as of the date hereof and in the event of any conflict
between the terms of this Amendment and the MOU, then the terms of
this Amendment shall control.
"'
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IN WITNESS WHEREOF, the City and the Conservancy have made and
entered into this Agreement on the date hereinafter first written.
THE NATURE CONSERVANCY
WI~ By: ÇnA1f!!1:.~
pr int N e: ~<.?-r-;- R.:cL
~Lt~ð~EY Title: Actinq Reqional Director
Date: Q~ /~ /95<5-
/ .
CITY OF DELRAY BEACH
WITNESSES: :"'~T?,:
By:
Print Name: Printed Name:
,A.., .....
Title: :jjjj jj:: jj j! jj jj j:
Print Name:
Date:
Approved as to legal sufficiency and form:
[RI\Lega1\aich\D.1ray\W..k...~)
7/17/" 1bh
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Agenda Item No. : f(!,
AGENDA REQUEST
Date: September 5. 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: September 19. 1995
Description of agenda item (who, what, where, how much): Recommend approval
of amendment to the agreement between the City of Delray Beach and The Nature Conservancy
to reschedule the burn at Leon Weekes Environmental Preserve.
ORDINANCE/ RESOLUTION REQUIRED: YE Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency
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- '\..---: / -( (."~'--,,l-,
Cit .._~.... ecommendation (if applicable):
- /
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- t'- rid.
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Bud w (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: tlv 1
Approved for agenda: (iJ/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttft1
SUBJECT: AGENDA ITEM # ~. D - MEETING OF SEPTEMBER 19. 1995
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY /LAKE IDA
ROAD UTILITY RELOCATIONS
DATE: SEPTEMBER 15, 1995
This is before the Commission to consider an interlocal agreement
with Palm Beach County for a joint construction project for
relocation of utility mains in conjunction with the County's
project for the widening of Lake Ida Road between Congress and
N.E. 2nd Avenue.
This agreement is for required utility work, with the City's cost
being $180,197.60 based on the County's contract with their low
bidder, Smith and Company, Inc. A separate agreement for the
City's share of the roadway widening costs will be presented upon
receipt from the County.
Funding for this agreement is from Water and Sewer Renewal and
Replacement - Lake Ida Road Line Relocation (Account No.
442-5178-536-61.85) .
Recommend approval of the interlocal agreement with Palm Beach
County for the joint construction project in conjunction with the
Lake Ida Road widening project.
"
Agenda Item No. X' D
AGENDA REQUEST
Date: 9/11/95
Request to be placed on:
- Workshop Agenda When: 9/19/95
XX Regular Agenda
- Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of an
interlocal agreement with Palm Beach County for the relocation of utility mains in conjunction with
the County's project for the widening of Lake Ida Road, between Congress Avenue and N.E. 2nd
Avenue. This agreement is for required utility work only; with the City's cost being $180,197.60,
based on the County's contract with their low bidder, Smith and Company, Inc, A separate
agreement for the City's share of the roadway widening costs will be presented upon receipt from the
County. Funding for this agreement is from account #442-5178-536-61.85, R&R Lake Ida Road Line
Relocation.
ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the interlocal agreement with Palm Beach County
relative to the relocation of utility mains in conj ion wi the Lake Ida Road widening project.
DEPARTMENT HEAD SIGNATURE:
Detennination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding availa~YØ/NO
Funding alternatives ~//A- (if apPl~)
Account No. & De¡riPtion W~- 5'/71- 5'3~ - U WA-7t'Lf~. '£e'N~!È:ýJ LIr# ..rþ4 ~
Account Balance ::U'i( :7-';J..S;Ii:J I I ~.-4b ~~tyoI
f/2:;t:...v.e... C(b/~~-
City Manager Review: Approved for agendað}/No 1«(
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Deputy Director, Public Utilities~
SUBJECT: INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY - LAKE IDA ROAD
UTILITY RELOCATIONS (P.N. 91-003.2)
DATE: September 11, 1995
Attached is an agenda request and a copy of an Interlocal Agreement with Palm Beach County for a
joint participation project in conjunction with the widening of Lake Ida Road between Congress
Avenue and N.E. 2nd Avenue. This agreement addresses utility relocations work only; for which the
City's cost portion is $180,197.60, based on the County's contract with Smith and Company, Inc.,
the low bidder for this project. A separate agreement with the County for the City's share of the
roadway widening costs will be presented to the City Commission upon receipt from the County.
Funding for this portion of work is from account #442-5178-536-61.85, R&R, Lake Ida Road Line
Relocation.
I am requesting that you place this item on the September 19, 1995, regular Commission meeting agenda
for their consideration.
RCH:cl
cc: William H. Greenwood
Victor Majtenyi
File: 91-003.2(D)
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AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA
AND
II THE CITY OF DELRAY BEACH
FOR JOINT PROJECT PARTICIPATION IN CON&TRUCTION OF
II LAKE IDA ROAD FROM CONGRESS AVENUE TO SWINTON AVENUE
I' PALM BEACH COUNTY, FLORIDA
1
PALM BEACH COUNTY PROJECT NO. 90502
i
THIS AGREBHEH'l' , made and entered into this day I
of 19 -' by and between the PALM BEACH COUNTY, a
I
II political subdivision of the State of Florida, hereinafter
called and referred to as the "COUNTY" and the CITY OF DELRAY
! BEACH, a political subdivision of the State of Florida, I
!
hereinafter called and referred to as "CITY",
!
. IT. B S S B T B :
WHEREAS, CITY and the COUNTY are authorized to enter into
this agreement pursuant to section 163.01, Florida statutes, as
amended, which permits local governmental units to make the most
efficient use of their powers by enabling them to cooperate with
I other localities on a basis of mutual advantage; and I
I
I
¡
WHEREAS , the COUNTY has caused to be prepared roadway
II construction plans and specifications for improving Lake Ida
Road from Congress Avenue to Swinton Avenue, hereinafter, called ¡
! and referred to as the "Project;" and
I
WHEREAS, both CITY and the COUNTY declare that it is in the
public interest that the utility relocation, adjustments and
conflict structure construction, hereinafter, called and
referred to as the "Work", be included in the aforementioned
Project; and
, WHEREAS , CITY has budgeted funds for cooperation in the
construction of the Work along the authorized service section of
¡
the Project; and
WHEREAS , CITY is desirous of funding the costs for the
I
construction of the Work which benefits CITY; and !
1
.
I
AGREEMENT WITH THE CITY OF DELRAY BEACH
WHEREAS, CITY will perform all inspections, testing and
certifications required for the Work to insure compliance with
CITY'S specifications and permits; ¡
HOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, the Par~ies to this Agreement agree
as follows:
1. The recitals set forth above are hereby adopted and
incorporated in this agreement.
!
2. The COUNTY agrees to:
A. Advertise for bids, submit bids to CITY for
review, and award a contract for the Work which
is to be owned by CITY.
B. Administer the above contract and administer the
I funds in accordance with this Agreement.
C. Supply CITY with a contract audit in accordance
with standard accounting procedures which
reflects total, final costs of the Work upon
completion of the Project.
D. To the extent allowed by Florida Law, the County
is charged with design for the roadway
construction plans of the proj ect, the COUNTY
agrees to be responsible for any and all
liability with regard to its performance of the
requirements of this agreement, subject to the
requirements and limitations of Florida
Statutes, section 768.28.
2
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AGREEMENT WITH THE CITY OF DELRAY BEACH
3. CITY agrees to:
A. Provide or cause to be provided all inspection
services and final certification for the Work.
B. CITY agrees to be responsible for any and all
liability with regard to its performance of the
requirements of this agreement to the extent
allowed by Florida law and subject to the
.
requirements and limitations of Florida
statutes, section 768.28.
i
C. To contribute and to forward to the COUNTY the I
funding for the actual costs of the Work.
Contributions and funding for the cost of said
Work shall be paid by CITY as such costs accrue
within 30 days after a bill for same has been
sent by the COUNTY to CITY.
D. Said summation of costs is stated in the amount
of $180,197.60 in accordance with the attached
bid tabulation (Attachment "A") and summary
(Attachment "B") for the specified work.
E. Costs shall be adjusted upon actual contract
costs and completion of the project using
contract unit prices and actual constructed
quantities, said quantities being measured by
the Palm Beach County Engineering and Public I
I
Works Department. i
F. If CITY fails to agree to the low bidder's
contract prices, CITY will perform the work
without any delay or expense to the Project or
to the COUNTY.
3
.
,,'
I
AGREEMENT WITH THE CITY OF DELRAY BEACH
4. THE COUNTY shall obtain CITY approval for any change
orders which increase the cost attributable to the
Work to an amount greate~than the contract amount as
stated in Paragraph 3 (D) of this agreement. CITY
shall be responsible for any cost caused by CITY'S
delays including but not limited to change orders
attributable to the roadway improvements as it relates
to the CITY'S work.
5. In the event that additional work and funding is
.
required, the additional cost attributable to said
Work is the responsibility of CITY. In the event of an
under run attributable to said work, CITY will be
credited the excess amount.
6. Without waiver of limitation as provided for in
section 768.28 (5) , Florida Statutes, and to the I
I
extent permitted by law, COUNTY agrees to indemnify
and hold harmless CITY from any claims, losses, i
demands or cause of action of whatsoever kind or
nature that CITY, its agents or employees, may or
could sustain as a result of or emanating out of the
terms and conditions contained in this agreement that I
I
I
result from the COUNTY'S negligence or willful I
I
misconduct.
I
7. without waiver of limitation as provided for in I
I
I
Section 768.28 (5) , Florida Statutes, and to the i
extent permitted by law, CITY agrees to indemnify and I
I
I
hold harmless the COUNTY from and against any claims, I
losses, demands or cause of action whatsoever kind or
that the COUNTY, its agents or employees, mayor could
sustain as a result of or emanating out of the terms
and conditions contained in this agreement that result
I from CITY'S negligence or willful misconduct.
4
. '
I
!
I AGREEMENT WITH THE CITY OF DELRAY BEACH
I
I 8. Both the COUNTY and CITY agree to pay to the other
such funds as are indicated in th~ final audit set
forth in Paragraph 2 (C) above, which will balance
accounts between the parties.
9. This Agreement shall be executed in triplicate and
the COUNTY shall retain two (2) and CITY shall retain
! one (1) copy. All shall be considered an original.
I 10. Any and all notices required or permitted to be given
I
I hereunder shall be deemed r~ceived five (5) days after
same are deposited in U. S . Mail sent via certified
I mail, return receipt requested.
I
I All notices to CITY OF DELRAY BEACH shall be sent to:
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
! ATTN: Mr. Richard Hasko, P.E.
Deputy Director of Public utilities
All notices to the COUNTY shall be sent to:
George T. Webb, P.E., County Engineer
I Engineering and Public Works Department
P.O. Box 21229
I West Palm Beach, FL 33416
ATTN: Roadway Production I
ZN WZTNESS WHEREOF, the County of Palm Beach, Florida has I
caused this Agreement to be signed by the Chairman of the Board
I
of county Commissioners and the seal of said Board to be affixed
I
hereto and attested by the Clerk of said Board, pursuant to I
I
authority granted by said Board, i
and CITY OF DELRAY BEACH has I
caused this Agreement to be signed in its name by its President
and its seal to be affixed hereto, attested by its Secretary,
the date and year first above written.
5 I
. ' I
I "
AGREEMENT WITH THE CITY OF DELRAY BEACH
CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA,
I
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
DATE
i
ATTEST: ATTEST:
!
DOROTHY H. WILKEN, CLERK
BY: BY: ¡
Secretary DATE DATE
APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL
LEGAL SUFFICIENCY: SUFFICIENCY:
BY: BY:
CITY ATTORNEY COUNTY ATTORNEY
I
I
h:\R~~Y\AGRMT\90\90502.CD2
final 8/17/95
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Attachment -B-
PROJECT NAME: LAKE IDA ROADICONGRE8S AVENUE TO SWINTON AVENUE
PROJEC ( NUMBER: IlO602
CITY OF
DELRAY BEACH
ITEM QUANTlTYJUNIT UNIT PRICE AMOUNT
75 DOUBLE ROCK (14' (UTlUTlES) 220 SY 112.00 .,&40.00
78 MANHOLE (~7T) (CONFUC1) 18 EA 11.eoo.oo ..000,00
1U 20" DIP WATER MAIN (Cl.A8S 52) 145 LF 1171.00 _,810.00
2U 15' DIP WATER MAIN (ClASS 52) 215 LF .,00 121.2115.00
3U 20" BUTTERFLY VAlVE 4EA 13,420.00 I1S,880.00
4U 14' PWG VAVlE. 4EA 13,870.00 115,480,00
5U AIR RElEASE VAlVE 2EA tIIeD.OO 11,820.00
eu CANAl CROSSING (WATER MAIN) ILS 160.200.00 160,200.00
7U BRIDGE ATTACHMENT (FORCE MAIN) 1LS 112,8110.00 112,8110.00
au VAlVE ADJUSTMENT 12 EA 1145.00 11.740.00
gu MANHOLE ADJUSTMENTS 5EA ".00 11 ,475,00
IOU FIRE HYDRANT ADJUSTMENTS 2EA 16Q5.00 11.1110,00
IIU I·P.E.SERVlCEUNE I12LF IUO "'.80
12U 1· SERVICE TAP SEA 1375.00 11,125.00
13U UTlUTY ALLOWANCE ILS S6,OOO.OO S6.ooo.00
1171,532.80
40 CONFLICT MANHOLE (TYPE p) 2EA 11,540.00 13,080,00
38 MANHOlES (TYPE P-7T) 2EA 11.410,00 ..820.00
t280.00
41 CONFUCT MANHOLE (TYPE J) 1 EA .,530.00 .,530,00
37 MANHOlES (TYPE J-7T) 1 EA $2.225,00 $2,225.00
S306.00
42 CONFUCT MANHOLE (TYPE p) (>10') 2EA 11.1180,00 13,Q20.00
36 MANHOlES (TYPE P-1T) 2EA 11 ,410,00 $2,820.00
11,100,00
TOTAl "80,'07.80
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
-
SUBJECT: AGENDA ITEM i <;I. t:. - MEETING OF SEPTEMBER 19. 1995
CONTRACT WITH FLORIDA ENERGY EFFICIENT WATER PROGRAM (FEEWP)
DATE: SEPTEMBER 15, 1995
This is before the Commission to approve a contract with the Florida
Energy Efficient Water Program (FEEWP) for construction of water
system improvements to increase energy efficiency of system
operations.
This is a matching fund grant program, with FEEWP providing 50%
funding for recommended improvements in accordance with their
previously performed audit of our utility system. The initial
contract proposal is for installation of premium efficiency motors on
two decant recovery pumps at the Water Treatment Plant at a cost of
$4,623.00.
A condition of the contract is that the City is required to deposit
50% of the funded amount with FEEWP. Upon completion of the
improvements and post-construction energy auditing by FEEWP, the
municipality's contribution is channeled to a low income housing
improvement program. The funds are then used within the municipality
to perform repairs/upgrades to plumbing systems (e.g. plumbing
fixtures, applicances, etc. ) in qualified low income housing units.
If the Commission chooses not to contract with FEEWP, a payment of
$2,900.00 would be due to cover their expenses for performance of
system audits. This is available from 441-5111-536-31.30. If
participation is desired, funding for the recovery pumps at the Water
Treatment Plant is available from 442-5178-536-61.76.
I recommend approval of the contract.
ref:agmem06
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Agenda Item No. ¡oft'
AGENDA REQUEST
Date: 9/14/95
Request to be placed on:
- Workshop Agenda When: 9/19/95
XX Regular Agenda
- Special Agenda
Description of item (who, what, where, how much): Staff requests Commission consideration of
entering into a contract with the Florida Energy Efficient Water Program (FEEWP) for construction
of water system improvements to increase energy efficiency of system operations. This is a
matching fund grant program, with FEEWP providing 50% funding, for recommended improvements
per their previously performed utility system audit. City's contribution is used to fund
plumbing/appliance improvements in low income housing areas within the City.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends acceptance of FEEWP improvement recommendations.
DEPARTMENT HEAD SIGNATURE, ~(~ '1-/;-15
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
BUdgZ~~r ~i7 :ed 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: ~O tH ~~ 6l-1l
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
I) ." Approve'!IDisapprov~ , ~.....G?-. FG£tvP-~
~~vn~Þ- ~~. /~~. 'lIl-sIIIS3{' 31-3
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: (f~
Richard C. Hasko, P.E., Deputy Director, Public Utilities
SUBJECT: FLORIDA ENERGY EFFICIENT WATER PROGRAM (FEEWP) CONTRACT
PROPOSAL
DATE: September 14, 1995
Attached is an agenda request and a copy of a contract proposal ITom FEEWP for City Commission
consideration of same.
As you wil1 recall, FEEWP administers a State matching fund grant program through the Department
of Community Affairs. The program identifies and implements qualified improvements to municipal
water and wastewater systems with respect to increasing energy efficiency. Qualified improvements
are identified by FEEWP through an audit of utility systems. Recommended improvements, which
the municipality chooses to implement, are funding by FEEWP at the levels established in their
standard contract. As a condition of the contract, the municipality is required to deposit 50% of the
funded amount with FEEWP. Upon completion of the improvements and post construction energy
auditing by FEEWP, the municipality's contribution is channeled to a low income housing
improvement program. The funds are then used within the municipality to perform repairs/upgrades
to plumbing systems (e.g. plumbing fixtures, appliances, etc.) in qualified low income housing units.
An audit of our water system has been completed by FEEWP consulting personnel, with
recommendations and funding levels outlined in their contract proposal as follows:
1. Install premium efficiency motors on two (2) decant recovery pumps at the
Water Treatment Plant.
Annual savings: $ 761.00/year
Budget: $ 4,623.00
Funding Level: $ 4,623.00 (payback = 6.1 years)
2. Install Variable Frequency Drive (VFD) and premium efficiency motor on
high service pump "N-2" at the North Reservoir.
Annual savings: $ 2,448.00/year
Budget: $37,274.00
Funding Level: $24,480.00 (payback = 10 years)
3. Total contract proposal: $29,103,00
4. City's contribution: $14,551.50
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Subsequently, staff raised questions concerning FEEWP's recommendation regarding the VFD and
motor upgrade at the North Reservoir as the upgrading of this pump, from 125 HP to 300 HP VFD
motor, is included in our upcoming construction contract for improvements at the North Reservoir.
FEEWP has revisited their recommendation and has retracted its qualification for that project due to
the aforementioned upgrades proposed at the North Reservoir. The total contract proposal is
therefore $4,623.00.
Upon completion of the audit of our sewer system, additional recommendations may be made for
energy efficiency improvements which, if selected for implementation by the City, will be
administered through an addendum to this contract under the same tenns and conditions.
Based on value received for the cost of improvements and the potential for additional funds becoming
available subsequent to completion of the sewer system audit, we recommend participation in the
FEEWP program.
Should the City choose not to contract with FEEWP for implementation of any recommendations, a
payment of $2,900.00 to FEEWP would be due to cover their expenses for perfonnance of system
audits.
I am requesting that you place this item on the September 19, 1995, regular Commission meeting agenda
for their consideration.
RCH:cl
cc: William H. Greenwood
Lula C. Butler
File: FEEWP
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TRI-COUNTY COMMUNITY COUNCIL, INC.
301 North Oklahoma Street
Bonifay, Florida 32425
CONTRACT FOR SERVICES
THIS CONTRACT is made between Tri-County Community Council, Inc., hereinafter referred
to as the "Prime Contractor" and the City of Delray Beach, hereinafter referred to as the
"Subgrantee" .
WHEREAS, the Prime Contractor represents that it is professionally qualified, that it possesses
the requisite skills, knowledge, qualifications and experience to provide the services described
herein, and that it accepts the Subgrantee's offer to provide such cash match or in-kind services
or a combination thereof required by this Contract and,
WHEREAS, the Prime Contractor acknowledges that the Subgrantee has a need for such services
and does extend this offer to the Subgrantee upon the terms and conditions hereinafter set forth.
ARTICLE I. COVENANT FOR SERVICES
The Prime Contractor does hereby agree to provide to the Subgrantee the services as defined
herein, and the Subgrantee does hereby agree to provide such match and/or in-kind services
upon the terms and conditions set forth in this Contract.
ARTICLE II. CONDITIONS OF CONTRACT
This Contract is subject to all applicable conditions referenced in the Department of Community
Affairs' (Department) Contract #95-CS-IF-02-42-04-205 between the Department and the Prime
Contractor and those conditions listed below. Waiver of any of these conditions must be upon
the express written approval of the Prime Contractor, and such waiver shall be a part of this
Contract.
A. The Subgrantee shall not assign any interest in this Contract, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written
consent of the Prime Contractor. The subcontracting by the Subgrantee of any tasks
specified in Article IV, Scope of Work, shall be subject to the prior review and approval
of the Prime Contractor. The Subgrantee shall furnish the Prime Contractor copies of
any and all assignments, agreements or subcontracts connected with this Contract.
B. Copies of all reports, data, products and computer programs developed or obtained by
the Subgrantee under the terms of this Contract shall be provided to the Prime
Contractor upon completion of the services outlined in the Scope of Work, and
throughout this Contract period when such material is available, upon request of the
Prime Contractor. At the discretion of the Prime Contractor, all equipment and facilities
purchased or developed by the Subgrantee with Contract funds shall be turned over to
the Prime Contractor or its designee at the end or upon termination of the project or,
where appropriate, in accordance with the schedule designated by this Contract.
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PAGE TWO
C. The Subgrantee agrees to comply with Executive Order 11246 of September 24, 1965
entitled, "Equal Employment Opportunity", as amended by Executive Order 11375 of
October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Part
60). In accordance with the above laws and regulations, the Subgrantee agrees to assure,
to the extent of the coverage of this Contract, that no person in the United States shall,
on the grounds of race, color, national origin, sex, age, or handicap, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity in which the Agency receives federal assistance from the
Department of Energy.
D. The Subgrantee shall retain all Contract financial and programmatic records and accounts,
including property and personnel, as are deemed necessary by the Prime Contractor or
the Secretary of the United States Department of Energy to assure a proper accounting
for all project funds. Those records will be made available upon request for audit
purposes to the Prime Contractor, the Department of Energy or the Comptroller General
of the United States and will be retained for a period of not less than three (3) years from
the termination of agreement unless permission to destroy them is granted by both the
Prime Contractor and the Department of Energy. Bills for fees or other compensation
for services or expenses shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. If the Prime Contractor requests the examination of these records,
such audit shall be made by either an independent accounting firm or by Prime
Contractor accountants. The cost of the audit shall be the responsibility of the Prime
Contractor.
E. The Subgrantee agrees to assist the Prime Contractor in complying with all applicable
regulations concerning the use of oil overcharge recovery funds. No administrative
overhead is allowed on oil overcharge monies. Expenditure of proceeds from the
Contract shall be subject to OMB Circular No. A-ll0, "Grants and Agreements with
Institutions of Higher Education, Hospitals, and other Nonprofit Organizations", and
either OMB Circular No. A-87, "Cost Principles for State and Local Government", or
OMB Circular No. A-21, "Cost Principles for Educational Institutions."
F. The Subgrantee shall permit the Prime Contractor, or its duly authorized representative,
to monitor the project pertaining to the Contract as deemed necessary by the Prime
Contractor.
G. The Subgrantee warrants that no person, selling agency, or other organization has been
employed or retained to solicit or secure this Contract upon a contract or understanding
for a commission, percentage, brokerage, or contingent fee. For breach or violation of
the warrant, the Prime Contractor shall have the right to deduct from the compensation,
or otherwise to recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
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PAGE THREE
H. If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Contract, or in any way connected herewith, the
Subgrantee shall refer the discovery or invention to the Prime Contractor and determine
whether patent protection will be sought in the name of the State of Florida. In the event
that any books, manuals, films or other copyrightable material are produced, the
Subgrantee shall notify the Prime Contractor. Any and all copyrights accruing under or
in connection with the performance under this Contract are hereby reserved to the State
of Florida.
I. The Sub grantee shall not publish results of its function and participation in Prime
Contractor programs before completion of the project without prior approval from the
Prime Contractor. Such publications shall acknowledge that the program is supported
by funds granted by the Prime Contractor.
J. None of the funds, materials, property, or services contributed by the Prime Contractor
or the Subgrantee under this Contract shall be used in the performance of this Contract
for any partisan political activity, or to further the election or defeat of any candidate for
political office.
K. There shall be no religious worship, instruction, or proselytization as part of, or in
connection with, the performance of the Contract.
L. The Subgrantee shall comply with all applicable laws, ordinances, and codes of state and
local governments.
ARTICLE III. A V AILABILITY OF FUNDS
Notwithstanding other provisions of this Contract, the Prime Contractor's performance and
obligation to pay under this Contract is contingent upon an annual appropriation by the
Legislature, pursuant to s. 216.311, Florida Statutes (1989), and the receipt of federal contract
funds under which this Contract is made.
ARTICLE IV. DEFINITION, SCOPE AND QUALITY OF SERVICE
This Contract is a part of the Florida Energy Efficient Water Project.
The purpose of this project is to improve the energy efficiency of rural water and wastewater
treatment, processing, and delivery systems through energy audits, line cleaning, leak detection,
and other energy conservation measures. An additional goal of the project is to improve or
extend water service to low-income households. The participating system will be expected to
provide matching resources for low-income households.
The Prime Contractor shall perform and render all the services described herein in a proper and
satisfactory manner as determined appropriate by the Advisory Panel of the Florida Energy
Efficient Water Project in its sole discretion.
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PAGE FOUR
A. Intent of Contract
It is the intent of this Contract to fund energy conservation measures identified during the energy
and water loss audits which have a simple payback of ten (10) years or less up to $29,103.00.
As part of this Contract, the Subgrantee will be required to provide matching funds or in-kind
services to low-income households equivalent to no less than 50% of program funds received.
The Sub grantee will be required to work in concert with a Non-Profit Agency to be designated
by the Prime Contractor. The Non-Profit Agency will certify the eligibility of low-income
households to be served with matching funds or in-kind services. Priority will be given by the
Non-Profit Agency to low-income households located within the service area of the
water/wastewater system named herein. When all efforts have been exhausted to locate these
households and documentation of these efforts have been provided to the Prime Contractor,
funds may then be spent within the County in which the system is located.
B. Scope of Work
The Prime Contractor shall provide the following services for the Subgrantee:
WATER
1: Install a premium efficiency motor on decant recovery pumps #1 and #2 at Water
Treatment Plant ($4,623.00).
NOTE (1): When motor replacement is recommended the premium efficiency motor will
have the same brake horsepower rating as the existing motor. The budget
for premium efficiency motor replacement includes: premium efficiency
motor, freight, installation, and start-up.
2: Install VFD ($30,000.00) and a premium efficiency motor ($7,274.00) on high service
pump #2 at North Water Treatment Plant -- MAXIMUM ALLOWED TOWARD
WORK: $24,480.00.
NOTE (1): Installation of a VFD (variable frequency drive) and a premium efficiency
motor on the 125 horsepower high service pump #2, at the North Water
Treatment Plant, will cost approximately $37,274.00. The City is now out to
bid for the VFD installation. The estimated energy savings is $2,448.00 /
year . It is recommended that the FEEWP offers the ten year payback
($24,480.00) toward this project, if a premium efficiency motor is included.
NOTE (2): When VFD and motor replacement is recommended the premium efficiency
motor will have the same brake horsepower rating as the existing motor. The
budget for VFD/premium efficiency motor replacement includes: VFD,
premium efficiency motor, freight, installation, and start-up.
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PAGE FIVE
Specifications will be provided to the utility by the TREEO Center in order for them to acquire
the correct equipment required by the grant.
The Subgrantee shall provide the following match:
$14.551.50 Cash
These matching funds will be used to improve or extend water or wastewater service to low-
income households which have been certified by a local Non-Profit Agency designated by the
Prime Contractor.
A Work Plan/Budget will be submitted to the Program Director by the Sub grantee within 30
days of Contract execution. The Work Plan/Budget will include the description and location of
work to be performed and the budget for each energy conservation measure. Changes to the
Work Plan/Budget must be made by mutual consent of the Program Director and the Contract
Management Officer of the Subgrantee.
ARTICLE V. CONSIDERATION FOR SERVICES
The Prime Contractor agrees to provide line cleaning and leak detection services and other
energy conservation measures to the Sub grantee for a sum not to exceed $29,103.00.
Reimbursement shall be provided to the Sub grantee by the Prime Contractor upon submission
of proper invoices for energy conservation measures other than line cleaning and leak detection
which are paid via subcontracts between the Prime Contractor and the vendor in accordance with
the requirements of s. 287.058, Florida Statutes (1989). All funds must be spent in accordance
with the Work Plan/Budget.
No proceeds from this Contract shall be used to pay indirect costs or administrative expenses.
ARTICLE VI. METHOD OF PAYMENT
The Sub grantee is entitled to submit proper invoices to the Program Director at the following
address: Nancy H. Gilleland, Program Director, Florida Energy Efficient Water Project, 1391
Timberlane Road, Suite 102, Tallahassee, Florida 32312. Invoices will be accompanied by
appropriate documentation. Final invoices shall be submitted within 30 days of Contract
termination.
ARTICLE VII. MATCHING FUNDS
The Subgrantee will submit 50 % of the matching funds to the Prime Contractor upon execution
of the Contract by both parties. The remaining 50 % of the match will be submitted by the
Subgrantee to the Prime Contractor 60 days after project start-up. These funds are not
refundable.
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PAGE SIX
ARTICLE VIII. REPORTING
The Subgrantee shall provide monthly progress reports to the Program Director, acting as the
Agent for the Prime Contractor. Each monthly progress report shall indicate:
(1) Work done during the reporting period including major assumptions and decisions made,
results achieved and difficulties encountered;
(2) Work planned for the next work period, targeted results and anticipated problems;
(3) Proposed modifications, if any, to the work scope or delivery dates.
Hulan Carter, or his designee, shall serve as the Contract Management Officer for the Prime
Contractor and Nancy H. Gilleland shall serve as the Program Director for the Prime
Contractor. shall serve as the
Contract Management Officer for the Sub grantee.
ARTICLE IX. PERIOD OF CONTRACT
This Contract shall begin upon execution by both parties, and end no later than March 15, 1996.
ARTICLE X. MODIFICATION OF CONTRACT
This Contract represents the entire agreement of the parties. The Prime Contractor may, from
time to time, request changes in the scope of the services to be performed by the Subgrantee
under this Contract. Any alterations, variations, changes, expanded scope, additional
compensation, modifications or waivers of provisions of this Contract, with the exception of the
termination of the Contract as delineated in Article X, shall be valid only when they have been
reduced to writing, duly signed by each of the parties hereto and attached to the original of this
Contract. Upon mutual agreement of the Prime Contractor and Subgrantee, the Contract period
may be extended.
The Contract may be expanded if, in the Prime Contractor's judgement, additional work within
the scope of the task area addressed by this Contract would be useful to the accomplishment of
the designated goals of this project. In reference to Article III, expansion of this Contract would
be contingent upon an annual appropriation by the Legislature.
ARTICLE XI. TERMINATION OF CONTRACT
A. This Contract may be unilaterally terminated by the Prime Contractor for refusal by the
Subgrantee to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes (1989), and made or received
by the Sub grantee in conjunction with the Contract, or for failure to meet any of the
terms or conditions of this Contract.
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PAGE SEVEN
B. This Contract may be terminated by either party for reason or no reason by giving thirty
(30) days written notice to the other party; said notice shall be sufficient if it is delivered
to the party personally or mailed by certified mail to the party's address as specified
herein.
C. In the event of termination of the Contract by either party, all property purchased with
funds under this Contract shall become the property of the Prime Contractor and be
disposed of in accordance with Amendment N of the Property Management Standards of
OMB Circular No. A-110 which sets forth the Uniform Administrative Requirements for
Grants-in-Aid to Educational Institutions. All finished or unfinished documents, data,
studies and reports prepared by the Subgrantee shall be relinquished to the Prime
Contractor. The Sub grantee shall be entitled to compensation for services actually
performed up to the date of termination, as determined by the Prime Contractor.
D. Notwithstanding the above, the Subgrantee shall not be relieved of the liability to the
Prime Contractor for damages sustained by the Prime Contractor by virtue of any breach
of the Contract by the Subgrantee until such time as the exact amount of damages due
to Prime Contractor from the Subgrantee is agreed upon or otherwise determined.
£. Termination shall be only by written notice.
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PAGE EIGHT IN WITNESS THEREOF, the parties have caused these presents to be duly executed as of the
day and year first above mentioned at Tallahassee, Florida.
TRI-COUNTY COMMUNITY COUNCIL, INC.
By: Date:
Hulan Carter
Chairman/Board of Directors
Tri-County Community Council, Inc.
("The Prime Contractor")
CITY OF DELRA Y BEACH, FLORIDA
By: Date:
("The Subgrantee")
c: \ wp60\feewp\consrvp4 .db
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rIp CM
[IT' DF DELRA' BEA[H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
taed
February 8, 1995 AlAnølcaClty
Ms. Nancy H. Gillelan~llIl!
Program Director/FEEWP
1391 Timberlane Road, sul~e 102
Tallahassee, FL 32312
RE: FLORIDA ENERGY EFFICIENT WATER PROJECT (FEEWP)
Dear Ms. Gilleland:
Please accept this letter as our expression of interest in
entering into the Florida Energy Efficient Water Project
(FEEWP) by requesting the pre-contractual Energy and Lost
Water Audits of our water and/or wastewater systems.
It is our understanding that these Audits will be conducted
by the Florida Rural Water Association (FRWA) and the Center
for Training, Research and Education for Environmental
Occupations (TREEO) at a time to be arranged with our staff.
After the Audits have been completed, TREEO and FRWA will
recommend to our staff what energy conservation measures the
system should take to improve energy efficiency and reduce
or eliminate water loss.
The recommendations regarding our system will be forwarded
to the Advisory Panel of the FEEWP and approved/disapproved
as appropriate under program guidelines. At this point, our
system will enter into a contract for the work agreed upon
by both parties. Our system is required to provide a 50
percent match, which may be forthcoming in cash or in-kind.
After the Audits have been completed, we may be offered a
Contract by the FEEWP. If we should decline the Contract
offer, the cost for the Audits is $2,900.00.
'incerelY,
~ ~."
......--:-'. I..'
t-k'CL'V\, / 1<--':: ILVL,~,
Davld T. Harden
CITY MANAGER
c: William H. Greenwood, Director of Env. Svcs.
Lula Butler, Director of Comm. Improvement
Richard C. Hasko, P. E. , Deputy Director of PU
Tt Ir- t:r-r-'-"r-I'-- ^, \^' ^ '/(" n.n ... ,...,--r-,-..."""
n. ,
,
~",^UNIT". ..
,4. (p ('Ol.-~ Trl-County Community Council, Inc.
~~ ~ 301 North Oklahoma Street, Bonifay, FL 32425
l" ~ Phone (904) 547-368@!:e,! F.:W:lS0411947-9806 . TDD (904) 547-9505
It: .
t- Chair~~ \=" Ç) \, PM 2: , ~ Treasurer
.. .-
Hulan ~ér"~' .., Billy C. Retherford
'1ö g Vice-Chair~ Member-at-Large
?' ~ -
-t,~ ~~ Charles C. H\.irk ,..!. Jerry Haviland
$. ~..qSHINÚ"tO~· Secretary Executive Director
Ronnie E. Bell
"HELPING PEOPLE HELP THEMSELVES"
September 8, 1995
Mr. Richard C. Hasko, P.E.
Deputy Director / Public Utilities
434 South Swinton Avenue
Delray Beach, Florida 33444
RE: FLORIDA ENERGY EFFICIENT WATER PROJECT (FEEWP)
Dear Mr. Hasko:
As a follow-up to our telephone conversation of September 7, 1995, I am extending the Draft
Contract offer for the City of Delray Beach to September 22, 1995.
If I can be of further assistance, please do not hesitate to call (904/668-2752).
Sincerely,
GU-J-- -VJJ)~cR
Nancy H. Gilleland 5
Program Director / FEEWP
1391 Timberlane Road, Suite 102
Tallahassee, Florida 32312
Phone: 904/668-2752
Fax: 904/668-1032
cc: Hulan Carter Curtis Taylor Larry Roberson
Roger Cimbora Gary Williams Jim Clifton
Janet Nudi Pepe Menendez Dan O'Lone
Angela Chelette
c: \ wp60\feewp\extend.db
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M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ø1
SUBJECT: AGENDA ITEM # &' F· - MEETING OF SEPTEMBER 19. 1995
RULES OF PROCEDURE FOR THE BOARD OF CONSTRUCTION APPEALS
DATE: SEPTEMBER 14, 1995
This is before the Commission for formal approval of the Rules of
Procedure for the City's Board of Construction Appeals. The Board
adopted the rules at its organizational meeting on September 6,
1995.
The rules will become effective following their approval by the
City Commission.
Recommend approval of the Rules of Procedure for the Board of
Construction Appeals.
ref:agmem04
"
,.
RULES OF THE CITY OF DELRA Y BEACH
BOARD OF CONSTRUCTION APPEALS
ARTICLE I: GENERAL GOVERNING RULES:
The Board of Construction Appeals (hereinafter referred to as the Board) shall be gov-
erned by Article 2.2 of the Land Development Regulations of the City of Delray Beach, as
amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by
the City Commission.
ARTICLE IT: SPECIAL GOVERNING RULES:
The Board shall also be governed by Article 2.4 of the Land Development Regulations of
the City of Delray Beach Code of Ordinances, as amended, and the Rules of Procedure set forth
herein, as adopted by the Board and approved by the City Commission.
ARTICLE m: OFFICERS: COMMITTEES:
1. The Board shall elect a Chairman and Vice Chairman annually in the month of
September, for a term of one (1) year pursuant to Section 2.2, 1 (D) of the Land Development
Regulations of the City of Del ray Beach Code of Ordinances, as amended.
2. The Chairman (or in his absence the Vice Chairman) shall preside at all meetings
and hearings of the Board and decide all points of order and procedure. The Chairman shall
appoint any committees which may be found necessary.
3. The recording secretary shall be designated by the City Manager. The recording
secretary shall take and transcribe the minutes of each meeting of the Board and assume all
ministerial duties.
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ARTICLE IV:
1. MEETINGS: The Board shall meet every first Wednesday of March, June,
September and December at 5:00 p.m. if there is business to be considered before the board,
unless there is cause to hold an interim meeting pursuant to the requirements as set forth in
Section 2.2.1(£) of the Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended,
2. SPECIAL MEETINGS: A special meeting may be cal1ed by the Chairman subject
to compliance with the statutory notice provisions.
3. OUORUM: A quorum shall consist of five (5) voting members of the Board for
all actions. No action of the Board shall be taken on any matter except upon the concurring vote
of not 1ess than five (5) voting members of the Board pursuant to Section 2.2.5(C) of the Land
Development Regulations of the City of Delray Beach Code of Ordinances, as amended.
4. REPRESENTATION: PERSONAL INTEREST: No member of the Board shall
appear before the Board or represent before the Board a person in any matter pending before the
Board. No member of the Board shall hear or vote upon an appeal or motion for re-hearing in
which he is directly or indirectly affected in any financial way, Whenever a member of the Board
has a personal, private or professional interest in any matter which comes before the Board, that
member shal1, within fifteen (15) days after the vote occurs, fi1e the proper form with the
recording secretary of the Board pursuant to the provisions of Chapter 112, Florida Statutes.
5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The
Chairman may administer oaths or require the attendance of witnesses, and shall administer oaths
when hearing appeals. The order of business at meetings shall be as follows:
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a.) Roll Call
b.) Approval of minutes of previous meetings
c.) Reports of committees
d.) Unfinished business
e.) Hearing of Appeals
f.) New Business
6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all
business cannot be disposed of on the day set, and no further public notice shall be necessary for
such a meeting if the time and place of its resumption are stated at the time of adjournment and
are not changed prior to its resumption.
ARTICLE V: ABSENCES:
A Board member's absence trom three (3) consecutivè meetings shall constitute an
automatic resignation trom the Board by such member, unless said absence is due to illness or
other extraordinary circumstances. Each Board member shall be responsible for notifying the
recording secretary as promptly as possible of any anticipated absence trom a Board meeting.
Except for automatic resignation from the Board, a Board member may resign by filing a written
statement of resignation with the recording secretary of the Board. Vacancies on the Board shall
be filled pursuant to Section 2.2. 1 (F) of the Land Development Regulations of the City of Del ray
Beach Code of Ordinances, as amended.
ARTICLE VI: RIGHTS: POWERS: PRIVILEGES AND DUTIES:
1. APPEALS: Shall be taken within a reasonable period of time, not to exceed ten
(10) days of the action being appealed pursuant to the terms of Sections 2.2.5(D) and 2.4.7(E) of
the Land Development Regulations of the City of Del ray Beach Code of Ordinances, as amended.
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2. HEARINGS: Shall be conducted in accordance with the terms of Section
2.4.2(B)(2) of the Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended.
3. STAY OF PROCEEDINGS: Shall conform to Section 2.4.7(£) of the Land
Development Regulations of the City of Del ray Beach Code of Ordinances, as amended.
4. DECISIONS: Shall be made pursuant to Section 2.2.5(D) of the Land
Development Regulations of the City of Del ray Beach Code of Ordinances, as amended.
5. PUBLIC NOTICE: Notice of the Public Hearing of the appeal shall be given in
accordance with Section 2.4.2(A) of the Land Development Regulations of the City of Delray
Beach Code of Ordinances and Florida Statutes.
6. AMENDMENT: An appeal may be amended at any time or from time to time
prior to or during the Public Hearing of the appeal, provided that the amendment does not
materially alter the appeal as published in the public notice so as to make the public notice of the
appeal misleading, or that the amendment does not request a greater variance from the terms
existing ordinances than that requested by the appeal. In the event the amendment makes an
appeal misleading or requests a greater variance, as determined by the Chairman of the Board; an
,:,;,~:c;1dcd public notice shall be given. The applicant shall pay any and all additional fees necessary
for the re-publication of the public notice.
7. DISMISSAL: An applicant may voluntarily dismiss his or her appeal at any time
prior to the commencement of a roll call vote to decide such appeal, and such dismissal shall be
without prejudice. A voluntary dismissal shall be in writing and filed with the recording secretary
of the Board, unless announced at the public hearing.
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ARTICLE Vll: HEARING AND RE-HEARING:
1. Appeals shall be heard in the order of their filing; amended appeals shall have
priority according to the date of the amendment and public notice.
2. At the public hearing, the applicant or any other interested parties, in accordance
with Section 2.4.2(B) of the Land Development Regulations of the City of Del ray Beach Code of
Ordinances, as amended, may appear on his own behalf or be represented by a designated agent or
attorney. If the applicant does not appear on his own behalf at the public hearing, he shall file
with the recording secretary of the Board, prior to the public hearing, a statement, made under
oath, authorizing such other person or persons to represent him at the public hearing.
3. The order of the hearing shall be:
a.) Statement of the appeal by the Chairman
b,) Supporting argument by applicant
c.) Supporting arguments by other interested parties
d.) Opposing arguments by City Officials
e.) Opposing arguments by other interested parties
f) Rebuttal by those supporting appeal
g.) Rebuttal by those opposed to the appeal
h.) Final rebuttal by applicant
Witnesses may be called and factual evidence and exhibits may be presented. The
procedures for an appeal lodged pursuant to Section 2.4.7(£) shall be governed by Section
2.4.2(B) of the Land Development Regulations of the City of Delray Beach Code of Ordinances,
as amended.
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The Chairman may establish appropriate time limits for arguments, but such time limits
shall be equal for both sides. The Roberts Rules of Order, latest edition, shall be the final
authority on all questions of parliamentary procedure.
4. RE-HEARING: An applicant may file a written motion for a re-hearing of any
decision rendered by the Board. The motion shall be filed with the Chief Building Official within
ten (10) days of the date the decision is rendered. The concurring vote of five (5) members of the
Board shall be necessary to grant a motion for re-hearing. The motion for re-hearing may be
based upon the following grounds:
a.) Newly discovered evidence which by due diligence could not have been discovered
in time to present at the public hearing.
b.) Fraud, misrepresentation or other misconduct of any person who submitted
evidence to the Board.
c,) Mistake, inadvertence, surprise or excusable neglect.
d.) The Board overlooked or misapprehended any material points of law or fact. If
the Board grants a motion for re-hearing, public notice of the hearing shall be given at the cost of
the applicant.
ARTICLE VIII: AMENDMENTS: EFFECTIVE DATE:
1. The Rules of Procedure may be amended by the affirmative vote of a majority of
five (5) members present at any meeting or special meeting at which a quorum is present. The
proposed amendment must be presented or submitted to the Board membership at least one (1)
week prior to such meeting.
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. 2. These Rules of Procedure shall be reviewed by the Board at least once a year at
any regular or special meeting, Recommendations for proposed amendments to these Rules of
Procedure shall be presented to the Board in writing.
3. . These Rules shall become effective following their approval by the City
Commission.
These Rules of Procedure were adopted by the Board of Construction Appeals on the
6JJ.. daYOf~
Chairman
Board of Construction Appeals
Approved by the City Commission on the _ day of . 1995.
Mayor
ATTEST:
City Clerk
construc.agt
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M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Jt1.
SUBJECT: AGENDA ITEM i ~.(1.- MEETING OF SEPTEMBER 19. 1995
RULES OF PROCEDURE FOR THE BOARD OF ADJUSTMENT
DATE: SEPTEMBER 14, 1995
This is before the Commission for formal approval of the Rules of
Procedure for the City's Board of Adjustment. The Board, adopted
the rules at its organizational meeting on September 7, 1995.
The rules will become effective following their approval by the
City Commission.
Recommend approval of the Rules of Procedure for the Board of
Adjustment.
ref:agmem05
'"
"
RULES OF THE CI1Y OF DELRA Y BEACH
BOARD OF ADJUSTMENT
ARTICLE I: GENERAL GOVERNING RULES:
The Board of Adjustment (hereinafter referred to as the Board) shall be governed by
Sections 2.2.1 and 2.2.4 of Article 2.2 and Section 2.4.7 of Article 2.4 of the Land Development
Regulations of the City of Del ray Beach, as amended, and the Rules of Procedure set forth herein,
as adopted by the Board and approved by the City Commission.
ARTICLE II: OFFICERS, COMMITTEES:
1. The Board shall elect a Chairperson, Vice Chairperson and Second Vice
Chairperson annually in the month of September.
2. The Chairperson (or in his absence the Vice Chairperson) shall preside at all
meetings and hearings of the Board, decide all points of order and procedure and sign any orders
or other official correspondence of the Board. The Chairperson shall appoint any committees
which may be found necessary.
3. The Second Vice Chairperson shall act as Chairperson when the Chairperson and
Vice-Chairperson are both absent.
4. A recording secretary (who need not be a member of the Board) shall be
designated by the Board. The recording secretary shall take and transcribe the minutes of each
meeting of the Board and carry out such other duties as may be assigned by the Board, including
but not limited to, preparing all correspondence and records of examinations and hearings and
other official actions of the Board; keep a minute book recording attendance, the vote of each
member upon each question, or if absent or failing to vote, indicating such fact.
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ARTICLE ill:
1. The Board shall meet every first and third Thursday of each month at 5:30 p.m., unless
there is no cause to hold such a meeting or it falls on a holiday as designated by the City of Delray
Beach. The Recording Secretary of the Board shall notify each Board member not less than one
(1) day prior to any regularly scheduled meeting of any meeting. If the Clerk's office cannot reach
a member or obtain confirmation and attendance by noon the day preceding the meeting, the
Secretary shall call on an alternate, who shall participate in the meeting in place of a designated
regular member.
2. SPECIAL MEETINGS: A special meeting may be called by the Chairperson
subject to compliance with statutory notice provisions.
3. QUORUM: A quorum of the Board consists of four (4) members. The
concurring vote of four (4) members shall be necessary to decide in favor of an applicant with
respect to reversing a decision of the Chief Building Official or the granting of a variance.
4. REPRESENTATION, PERSONAL INTEREST: No member of the Board shall
hear or vote upon an appeal or motion for re-hearing in which she or he is directly or indirectly
affected in a financial way or in any matter where the Board member may be appearing before the
board as a representative of an applicant or a witness. Whenever a member or alternate member
of the Board has a personal, private or professional interest in any matter which comes before the
Board, that member or alternate member shall disclose said conflict before discussion and vote
and shall, within fifteen (15) days after the vote occurs, file the proper form with the Board
Secretary pursuant to the provisions of Chapter 112, Florida Statutes. If a Board Member
determines there will be a conflict of interest on a scheduled item, and said member does not wish
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to participate, the member may request that an alternate be substituted for that particular agenda
item.
5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The
Chairperson, or in his absence the Vice-Chairperson, or Second Vice Chairperson shall administer
oaths and may upon the request of any Board Member require the attendance of witnesses. The
order of business at meetings shall be as follows: (a) roll call; (b) reading the minutes of
previous meetings; (c) reports of committees; (d) unfinished business; (e) swearing in of
witnesses (f) hearings of cases; (g) new business. The Chairperson may, in his or her discretion,
change the order of business at any meeting.
6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all business
cannot be disposed of on the day set, and no further public notice shall be necessary for such a
meeting if the time and place of its resumption are stated at the time of adjournment and are not
charged to its resumption.
ARTICLE IV: ABSENCES:
A Board member's absence at three (3) consecutive regular meetings or more than fifty-
percent of all regular Meetings within any six (6) month period shall constitute an automatic
resignation ftom the Board by such member, unless said absence is due to illness or other
extraordinary circumstances. Each Board member shall be responsible for notifying the City
Clerk's Office as promptly as possible of any anticipated absence fTom a Board meeting. Except
for automatic resignation fTom the Board, a Board Member may resign by filing a written
statement of resignation with the Clerk of the City of Delray Beach, Florida. Vacancies on the
Board shall be filled pursuant to Article 2.2. 1 (F) of the Land Development Regulations of the City
ofDelray Beach, as amended.
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ARTICLE V: APPEALS AND NOTICE:
1. ADMINISTRATIVE REVIEW (SECTION 2.2.4(D) OF THE LAND
DEVELOPMENT REGULATIONS CITY OF DELRA Y BEACH - Appeals to the Board of
Adjustment concerning interpretation or administration of existing ordinances may be taken by
any person aggrieved or by any officer or bureau of the governing body of the city affected by any
decision of the Chief Building Official, The appeal shall be filed with the Chief Building Official
on a form provided by the Board of Adjustment within ten (10) days after a written order,
requirement, decision, determination, or violation notice issued and signed by the Chief Building
Official, Fire Chief or designees is served upon the aggrieved person by regular or certified mail,
return receipt requested or upon hand-delivery. Service shall be deemed complete upon mailing
or upon hand-delivery.
2. VARIANCES (SECTIONS 2.2.4(D) AND 2.4.7(A) OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH- An appeal
requesting a variance ITom the terms of existing ordinances may be filed at any time. The appeal
shall be filed with the Chief Building Official on a form provided by the Board of Adjustment.
3. An appeal shall not be deemed filed unless and until payment of an appeal fee as
set forth in the Zoning Code of the City of Delray Beach, as amended, has been paid. Filing fees
may be paid by check or money order.
4. PUBLIC NOTICE - Notice of the public hearing of the appeal shall be given in
accordance with the City of Del ray Beach Code of Ordinances and Florida Statutes.
.
5. AMENDMENT - An appeal may be amended at any time or ITom time to time
prior to or during the public hearing of the appeal, provided that the amendment does not
materially alter the appeal as published in the public notice so as to make the public notice of the
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appeal misleading, or that the amendment does not request a greater variance fTom the terms of
existing ordinances than that requested by the appeal. In the event the amendment makes the
appeal misleading or requests a greater variance, as determined by the Chairperson of the Board
of Adjustment, an amended public notice shall be given. The applicant shall pay an additional fee
in a sum equal to the cost of publishing an amended public notice.
6. DISMISSAL - An applicant may voluntarily dismiss his or her appeal at any time
prior to the commencement of a roll call vote to decide such appeal, and such dismissal shall be
without prejudice except that a voluntary dismissal operates as an adjudication on the merits of
the appeal when served by an applicant who has once previously dismissed an appeal board on the
same facts or circumstances. A voluntary dismissal shall be in writing and filed with the City
Clerk, unless announced at a public hearing.
ARTICLE VI: HEARING AND RE-HEARING:
1. An appeal shall be heard within forty (40) days fTom the time of filing the appeal
with the Chief Building Official. Appeals shall be heard in order of their filing; amended appeals
shall have priority according to the date of the amendment if an amended public notice is required.
2. At the public hearing, the applicant or any other party may appear on his own
behalf or be represented by an agent or an attorney. If the applicant does not appear on his own
behalf at the public hearing, he shall file with the Secretary of the Board prior to the public
hearing a statement, made under oath, authorizing such other person to represent him at the
public hearing.
3. The order of the hearing shall be: '
a. Statement of case by Chairperson.
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b. Supporting argument by applicant or his agent or attorney.
c. Supporting arguments by others at the hearing.
d. Opposing arguments by persons at the hearing.
e. Rebuttal by those supporting appeal (other than applicant).
f Rebuttal by those opposed to appeal.
g. Final rebuttal by applicant.
Witnesses may be called and cross examined and factual evidence and exhibits may be
submitted.
The Chairperson may establish appropriate time limits for arguments, but such time limits
shall be equal for both sides. The Roberts Rules of Order, newly revised edition, shall be the final
authority on all questions of parliamentary procedure.
4. DECISIONS - A decision on any appeal shall be made at the public hearing. Voting
shall be a roll call vote. Roll call shall be in random order. All Board Members present shall vote.
The Chairperson shall vote last. The voting of each member shall be "yes" (in favor of the
motion) or "no" (opposed to the motion). A concurring vote of four (4) members of the Board
shall be necessary to reverse any decision, determination, order, or requirement of the Chief
Building Official or Fire Chief or designee, or to decide in favor of the applicant on any matter
upon which it is required to pass under existing ordinances, or to effect any variation in the
application of existing ordinances.
The decision of the Board, including any findings of fact and any conditions imposed, shall
be written on the original appeal form. The original appeal form shall be field with the Board of
Adjustment, and a copy of the appeal form shall be served upon the Chief Building Official and/or
Fire Chief and the applicant.
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5. A decision is not final until the time within which an applicant may file a motion for
rehearing expires, or, if a motion for rehearing is filed, when it is denied, or if it is granted, at the
time the decision by the Board is rendered at the rehearing.
6. REHEARING - The City or applicant may file a written motion for rehearing of
the decision rendered by the Board on the appeal. The motion shall be filed with the Chief
Building Official within ten (10) days of the date the decision is rendered. No filing fee shall be
required. The concurring vote of four (4) members of the Board shall be necessary to grant a
motion for rehearing. The motion for rehearing may be based upon the following grounds: (I)
newly discovered evidence which by due diligence could not have been discovered in time to
present at the public hearing; (2) rraud, misrepresentation or other misconduct of any person who
submitted evidence to the Board; (3) mistake, inadvertence, surprise or excusable neglect; or (4)
the Board has overlooked or misapprehended any material points of law or fact. If the Board
grants a motion for rehearing, public notice of rehearing shall be given at the cost of the applicant.
7. REFILING OF APPEAL AFTER FINAL DECISION RENDERED-
Notwithstanding, the rendering of a final decision by the Board with respect to an appeal
requesting a variance rrom the terms of existing ordinances, an applicant may refile such appeal at
any time if there has been a substantial change in facts, circumstances or conditions. The refiled
appeal shall proceed in the same manner as an initial appeal.
ARTICLE VII: AMENDMENTS; EFFECTIVE DATE:
1. These rules of procedure may be amended by a concurring vote of four (4)
members of the Board, provided that the proposed amendment has been presented to the Board at
least one week prior to its adoption.
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2. These rules of procedure shall be reviewed by the Board not less than every two
(2) years. Recommendations for proposed amendments shall be made in writing.
3. These rules shall become effective following their approval by City Commission.
These Rules of Procedure were adopted by th day
of Se-fJ1ë~ b 'tr
Approved by City Commission on the day of
.19
Mayor, City of Del ray Beach
Attest
boa.agt
rev. 3/16/95
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! £ITY DF DELIAY BEA£H
DELRAY BEACH
f l 0 . I 0 "
tdb:II 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AlI·America City
, III I! MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: Robert Rehr, Fire Chief
DATE: September 12, 1995
SUBJECT: REQUEST CITY COMMISSION APPROVAL AND RESOLUTION
TO ALLOW PARTICIPATION IN THE COUNTY PRO-RATA
GRANTS PROGRAM,
Each year the County E.M.S. Program makes Pro-Rata funds available to licensed E.M.S.
Providers. To utilize these non-matching funds we must submit an application requesting
the purchase of equipment which is not budgeted through the City and a supporting
resolution from the City Commission. The resolution is needed to demonstrate that the
Delray Beach Fire and Emergency Medical Services Department, in fact, represents the
Emergency Medical Services for the City and that the equipment purchased with these
funds expands and improves the level of care provided to our citizens.
For FY 95-96 we wish to purchase two (2) New Eagle Communication Headsets and
Adapters ($1010), one (1) Emergency Radio Antenna ($1995) and one (1) LSP Autovent
3000 unit ($2200) which will aid the EMT and Paramedics in provision of pre-hospital
services. The total cost is $5205 which will be paid for from the grant funds.
We request this item be placed on the September 19, 1995 consent agenda. A copy of the
proposed resolution is attached for review.
~~
Robert B. Rehr
Fire Chief
RBR/dgr/pro
attachments (5)
cc: D. Trawick, Div. Chief
D. Randolph, Train. @ Dev. Mgr.
(1} Printed on Recycled Pape, THE EFFORT ALWAYS MATTERS 9-H·
.
,,'
Agenda Item No.: r¡. ¡.f .
AGERDA RBQUEST
Date: September 12. 1995
Request to be placed on:
XXX Regular Agenda (Consent Item)
Special Agenda September 19, 1995
Workshop Agenda When:
(Example: ,Request from Atlantic High School for $2,000 to fund
project graduation).
ORD:IRAllCE/ RESOLtr.l'J:OB REQUIRED: @tNO Draft Attached:~NO
Recommendation:
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ~~
Department Head Signature: ---.......
City Attorney Review/ Recommendation (if applicable):
...
.
Budg.et Director Review (required on all i teas invol vinq expenditure
of funds):
I Funding available. YES/ NO
. unding alternatives: ' (if applicable)
N ~ccount No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~~ NO [ryv1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
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RESOLUTION NO. 65-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE
OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE
AWARD PROGRAM FUNDS.
WHEREAS, the City of Delray Fire and Emergency Medical Services
Department represents the Emergency Medical Service interest of the
City of Delray Beach; and
WHEREAS, the City of Delray Beach Fire Department is requesting
Pro-Rata grant funding for the purchase of two (2) New Eagle
Communication Headsets and Adapters, one (1) Emergency Radio Antenna
and one (1) LSP Autovent 3000 unit which will aid the EMT and
Paramedics in provision of pre-hospital services; and
WHEREAS, the City of Delray Beach Fire Department is eligible
to receive funds collected by the Emergency Medical Service
Surcharge, pursuant to Florida Statutes, Chapter 401.113; and
WHEREAS, these funds are to be used to expand and improve the
City's level of emergency medical care to the citizens of Delray
Beach and will enhance the emergency medical service operation; and
WHEREAS, these funds are to be spent on equipment not budgeted
through the City of Delray Beach and would be unavailable otherwise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor of the City of Delray Beach,
Florida, is hereby authorized to execute all documents which are
necessary to complete the request for a Pro-Rata share of the County
Emergency Medical Service Surcharge Award Program Funds.
PASSED AND ADOPTED in regular session on this 19th day of
September, 1995.
~~
ATTEST:
f}&4onfl:,f Jit~ 110*
C ty Cl k
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ITEM: LSP Autovent 3000 unit
"
\ 5. Executive Summary
Identify, in order of priority, how this request will
improve and expand EMS:
The addition of the LSptAutovent 3000 Automatic Venilator
will Improve and expand our delivery of quality EMS.
This device will assure reliable, time-cycled, constant flow
ventilation. This percise and reliable delivery system will
. be of great benifit to those critical patients and will help
lead to asuccessful outcome.
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ITEM: Emergency Radio Antenna
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\ Exec~tive Summary
5. how this request will
Identify, in order of priority,
improve and expand EMS:
t
The ability to communicate with the Palm Beach County
Department of Emergency Management is vital in a disaster
setting. ~he addition of a fold down antena mounted on
the ~oof of our Headquarters building, which also serves
as our cities emergency operating center (EOC), would improve
. and expand our ability to coordinate our activities with
the County EOC. This will directly affect the way we
respond to, and handle EMS related incidents.
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ITEM: Néw Eagle Communication Headsets and Adapters
"
:
5. \ Executive Summary
Identify, in order of priority, how this request will
improve and expand EMS:
l
The Special Weapons and Tactics Team in Delray Beach
has added two (2) paramedics to its response team.
Thi~ addition will improve and expand its EMS capabilities
within the scope of the team. The addition of hands free
. communication will allow them to more easily treat a
patient in an autere enviorment. The paramedics will be able
to communicate with both MedCom and other team menbers.
The State Division of Communications (DivCom) has been
informed of this project and they have no objection to
its use. A letter to DivCom is attached.
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M E M 0 RAN DUM -
TO: MAYOR AND CITY COMMISSIONERS -
, ,
FROM: WCITY MANAGER
.',
AGENDA ITEM i Sf .T· - MEETING OF SEPTEMBER 19. 1995 ..
SUBJECT: ' ,-
RESOLUTION NO. 66-95
-
..,-
DATE: SEPTEMBER 15, 1995
At the July 11th regular meeting, Commission approved Resolution
No. 51-95 which authorized -the City to enter into a Statewide
Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery with the State of Florida and other participating
entities. Before finalizing the agreement, the State Division of
Emergency Management has requested verification that the City of
Delray Beach is self-insured. Resolution No. 66-95 provides this
verification and will complete the necessary requirements for
participation in the Statewide Mutual Aid Agreement.
Recommend approval of Resolution No. 66-95.
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ref:agmem015
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RESOLUTION NO. 66-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING THAT THE CITY OF
DELRAY BEACH IS SELF-INSURED AND IS SUBJECT TO THE
LIMITATIONS OF LIABILITY SET FORTH IN FLORIDA STATUTES
SECTION 768.28.
WHEREAS, on July 11, 1995, the City Commission of the City of
Delray Beach approved Resolution No. 51-95 authorizing the execution of
the Statewide Mutual Aid Agreement for Catastrophic Disaster Response
and Recovery, and Modification #1 thereto; and
WHEREAS, pursuant to the Statewide Mutual Aid Agreement for
Catastrophic Disaster Response and Recovery, the State of Florida,
Division of Emergency Management, has requested verification from the
City of Delray Beach that it is a self-insured entity; and
WHEREAS, the City of Delray Beach, Florida, is self-insured.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach, Florida, is a
self-insured entity and is subject to the limitations of liability set
forth in Florida Statutes Section 768.28.
PASSED AND ADOPTED in regular session on this the 19th day of
September, 1995.
~~
ATTEST:
(kMn~Jú 4*
Ci ty C~
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[IT' DF DELIA' 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
.....
AJJ.America City MEMORAND~
" III!
DATE: September 9, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City Attome~
SUBJECT: Resolution Authorizing the City Clerk to File a Right-of-Way Survey of
N. W. 7th Street with the Public Records of Palm Beach County
This resolution which is before you for your approval addresses a right-of-way problem
which the City has on N. W. 7th Street between Swinton A venue and N. W. First Street.
At this time, there is a question as to the extent of the City's right-of-way. It is possible
that a portion of NoW. 7th Street is on property which was not dedicated to the City.
This resolution will enable the City to claim that N. W. 7th Street is vested with the City.
Pursuant to Section 95.361, Florida Statutes, the City is authorized to file in the Public
Records of Palm Beach County a survey map indicating the extent of N. W. 7th Street
which presently exists within the City. The only requirement is that the City has
maintained the road for a period of at least four years. In order to vest any title to lands
which the road is presently crossing, the City is authorized to file the resolution in the
Public Records of Palm Beach County. Your approval of this resolution will enable the
City to defeat any claims of any property owners who are alleging that the City has
improperly located a road on their property.
If you have any questions, please call.
DNT:smk
Attachment
cc: ,David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
nw7th2.dnt
@ Printed on Recycled Paper p.J.
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PI.
--,. ._, 1
( )
RESOLUTION NO. 67-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF
N.W. 7TH STREET, RECITING THE FACT THAT RIGHT TITLE
EASEMENT AND APPURTENANCES IN AND TO SUCH ROAD HAVE
VESTED IN THE CITY OF DELRAY BEACH, FLORIDA;
DIRECTING THE CITY CLERK TO FILE SUCH A SURVEY IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
PALM BEACH COUNTY.
WHEREAS, the City of Delray Beach, Florida, has constructed
N.W. 7th Street extending from Swinton Avenue west to Northwest 1st
Avenue; and
WHEREAS, such road is known as N. W. 7th Street and has been
maintained by the City in accordance with the City's standards and
practices for monitoring and maintaining its roads; and
WHEREAS, the road has been in existence, monitored, maintained
and used continuously and uninterruptedly as a City road for a
period well in excess of four years; and
WHEREAS, Florida Statute 95.361 provides that such roads shall
be deemed to be dedicated to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby
authorized to file a survey of N.W. 7th Street from Swinton Avenue
to Northwest 1st Avenue, reciting that such road has been maintained
in accordance with City standard procedures for maintaining City
roads, continuously and uninterruptedly for a period of at least
four years.
Section 2. That the City Clerk is hereby directed to
record the survey of N.W. 7th Street with a recitation stated above
and certified by the Mayor and City Clerk.
PASSED AND ADOPTED in regular session on this 19th day of
September, 1995. ~~
ATTEST M A . 0 R
(}¡Difm 'l(p1'.,f{¡ I r /Ir; lir
City Cler
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£IT' DF DELIA' IEA£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 . , D A
ItI:8d
AJl.America City MEMORANDUM
" III!
DATE: September 14, 1995
1993 TO: Alison MacGregor Harty, City Clerk
FROM: David N. To1ces, Assistant City Attom~
SUBJECT: Resolution and Ri~ht-of-W&y Survey of N.W. 7th Street
I am attaching the N. W. 7th Street survey which needs a certification done by the City
Clerk which states the following:
The portion of NoW. 7th Street between Swinton Avenue and Northwest
1st Avenue is hereby declared to have vested in the City of Delray
Beach, Florida, in accordance with Florida Statutes Section 95.316(1).
Certified by:
CITY OF DELRA Y BEACH, FLORIDA
MAYOR
ATTEST:
City Clerk
(SEAL)
Once this has been completed, the survey and the signed resolution should be recorded
with the Clerk of the Court. Should you have any questions, please call.
DNT:smk
Attachment
nw7thl.dnt
® Printed on Recycled Paper
. ,
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'"
£IT' OF DELAA' BEA£H
DELRA Y BEACH CITY CLERK
f L 0 I I D A 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.....
mj!
1993 C E R T I F I CAT ION
I, THOMAS E. LYNCH, Mayor of the City of Delray Beach,
Florida, do hereby certify that the attached document is a true
and correct copy of Resolution No. 67-95, as the same was passed
and adopted in regular session by the Delray Beach City
Commission on September 19, 1995, together with a right-of-way
survey for a portion of NoW. 7th Street. The portion of N.W. 7th
Street between Swinton Avenue and Northwest 1st Avenue is hereby
declared to have vested in the City of Delray Beach, Florida, in
accordance with Florida Statutes Section 95.316(1).
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
20th day of September, 1995.
Certified by:
CITY OF DELRAY BEACH, FLORIDA
MAYOR
ATTEST:
City Clerk
(SEAL)
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
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["ì'{(
[IT' DF DELRAY 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 D ¡\
.......
AII·America City MEMORANDUM
l' III!
DATE: September 12, 1995
1993
TO: City Commission
FROM: David N. To1ces, Assistant City Attorneþ
SUBJECT: City of Delray Beach v. Pacouloute - S.W. 10th Street Right-of-Way
The City Attorney's office has negotiated a sett1em~nt in the eminent domain case filed
against Mr. and Mrs. Pacouloute who own property bordering S. W. 10th Street. The
negotiated settlement price is $10,000.00, which includes all costs and attorney's fees.
Acquisition of this parcel will conclude all of the property transactions concerning the
improvements of S, W. 10th A venue and S. W, 10th Street. Acceptance of this settlement
price is recommended.
Please contact my office if you have any questions.
DNT:ci
cc: David Harden, City Manager
Dan Beatty, City Engineer
Sharon Morgan, Executive Assistant, City Clerk's Office
pacalout.dnt
¡.J(.
® Printed on Recycled Paper
.
~ o9i 13/95 WED 14:03 FAX 407 278 4755 DEL BCH CTY ATTY -t-t-t CITY HALL ~002
ALLEN WM. MARTINCAVAGE, SR. COLONIAL CENI'ER - sUl'l7i: l-20l
ATTORNEY AT LAW 12IJtJ saum n:DERAL HIGHWAY
JlO'YNTON B&4C1:( FLDJlJ:DA 3343S
.~......
L. DIANA HILEMAN, Eli- . ,. _.
-.........- .-.--.
~ GOLDMAN
NTA ROSlIN Telephone (4fJ7) 736-2888
NICOU! A MIALIY ISEP I 3,1995 Fax (407) 736-9612
.. . .-..
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September 8, 1995 .-
David N. Tolces, Esquire
Assistant City Attorney
OFFICE OF THE C:ITY ATTORNEY
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: city of Delray Beach v. Pacouloute, et al.
Dear Mr. Tolces:
This letter is to confirm our telephone conversation of September
8, 1995 wherein I conveyed to you my client's acceptance of the
City's offer of $10,000.00 as settlement of this matter. This
amount is to include all attorneys fees and costs. It is further
understood that this matter will be presented to the City
Commission at the September 19th, 1995 meeting.
If this is not your understanding, please let me know.
I am happy that we Were able to resolve this matter in such an
amicable manner. Thank you tor your cooperation and consideration.
very truly yours,
cf.,~\~ ..-.
L. Diana Hileman, Esquire
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.~ 2) BEARINGS SBOMlI JœRBOlf ARB ASSUMBD ABD BASBD 011 2IIB HOR'l'B LIHB
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fÞ1
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278A755
Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F lOR 0 A
.......
AII·America City MEMORANDUM
" III!
DATE: September 14, 1995
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Settlement of Claim Between City and National American Insurance
Company
The City awarded a contract to Dees contracting in 1991 for work on the City's elevated
storage tanle This work included painting the tanle The work was completed on June
7, 1993. However, on May 18, 1994, during the one year warranty inspection period,
defects in the coating of the tank were noted.
The City notified Dees Contracting of the defects. Dees Contracting failed to completely
correct the defects. Dees was notified again of the remaining defects, but failed to
respond. The City considered this failure to respond as an abandonment of the contract
and the surety, National American Insurance Company (National), was notified on July
25, 1994 of the default. Dees Contracting is no longer in business in Florida.
The City's bond with National is a statutory bond with a one year statute of limitations.
National initially claimed no liability due to the one year statute of limitations. Our
office argued that the one year statute does not begin to run until the work is deemed
corrected during the warranty period. Since the work was never corrected, it was our
office's position that the statute of limitations did not run. The ultimate resolution of
this issue however, is one that would require an interpretation of the contract by the
Court.
Since that time, in order to avoid the costs of litigation, National has presented an offer
to settle the case for $20,000.00. The City has obtained an estimate which indicated that
the cost of recoating the tank would cost $30,000.00, with inspection fees of
approximately $10,000.00, for a total of $40,000.00.
8.L.
® Printed on Recycled Paper
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City Commission
September 14, 1995
Page 2
Our office recommends settlement in the amount of $20,000.00. Our office has
consulted with City Staff regarding this settlement proposal. Staff, in recognition of the
uncertainty of the statute of limitations problem, supports this settlement.
If you have any questions, please call me.
By copy of this memorandum to David Harden, City Manager, our office requests this
settlement be placed on the City Commission agenda for approval.
~
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
William Greenwood, Director of Environmental Services
Dan Beatty, City Engineer
Howard Wight, Construction Manager
national. sar
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER W0
SUBJECT: AGENDA ITEM # f· M . - MEETING OF SEPTEMBER 19. 1995
APPOINTMENTS TO THE COUNTY METROPOLITAN PLANNING ORGAN-
IZATION
DATE: SEPTEMBER 15, 1995
This is before the Commission to consider two appointments to the
Palm Beach County Metropolitan Planning Organization's Technical
Advisory Committee.
With the departure of David Kovacs as Member, Paul Dorling
continued to represent the City as Alternate. It would be
appropriate to now appoint Mr. Dorling as Member, with Mrs. Diane
Dominguez as Alternate.
Recommend the appointments of Paul Dorling and Diane Dominguez as
Member and Alternate to the Palm Beach County Metropolitan
Planning Organization's Technical Advisory Committee.
.
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METROPOLITAN PLANNING ORGANIZATION
OF
PALM BEACH COUNTY
160 Australian Avenue, SUite 201, West Palm Beach, Florida 33406 Tel (407) 684-4170
RECEIVED
SfP 0 1 J99S
August 29, 1995 CITY M r'" '
" 0Cnn
Mr. David Harden
City Manager
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
RE: MPO's Technical Advisory Committee
Dear Mr. Harden:
Sometime ago, Mr. David Kovacs left your City to accept a job with the County's Planning
Division. With Mr. Kovacs' departure, it left the City without a member on the Metropolitan
Planning Organization's Technical Advisory Committee. While the City is currently represented
by Mr. Paul Dorling as an alternate, it would be appropriate for the City Council to appoint a
member and as well reappoint Mr. Dorling as the alternate. Along with the letter from the City
regarding the appointment, the member's resume should be attached. The T AC meetings are
scheduled for the first Wednesday of each month at 9:00a.m. The meetings are held in the Fifth
Floor Conference Room of the County's Engineering Building at 160 Australian Avenue, West
Palm Beach.
If you have any questions, please contact Patty Van Nest or myself.
Sincerely,
~;q lÙ~
Randy M. Whitfield, P.E.
Director
RMW:pvn
P.Q, Box 21229, West Palm Beach, Florida 33416-1229
.'
,.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Ð'fUl
SUBJECT: AGENDA ITEM # ¿(.~. - MEETING OF SEPTEMBER 19. 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 15, 1995
Attached is the Report of Appealable Land Use Items for the
period September 5 through September 15, 1995. It informs the
commission of the various land use actions taken by the designa-
ted boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
1'1
oK
tlÞ1
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~~
iM^ '~
THRU: D N ~NGUEZ, DI~TO
DEPARTMENT OF PLANNING ND ZONING
FROM: ¡:W'hA" rdflrl
~ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF SEPTEMBER 19,1995 * CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 5. 1995 THRU SEPTEMBER 15. 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 September 5,
1995, through September 15, 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 September 19, 1995
Page 2
PLANNING AND ZONING BOARD
No Regular Meeting of the Planning and Zoning Board was held during this
period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF
SEPTEMBER 6. 1995
A. Approved (6 to 0), a request for an elevation change for Delray Art
Center, located on the east side of N.E. 6th Avenue, north of N.E. 2nd
Street.
B. Approved (5 to 0), a request for an elevation change associated with the
expansion of the residential component which was approved in August
1992 for the Snowdon Residential Treatment Center, located on the
east side of Military Trail, south of Linton Boulevard.
C. Approved (6 to 0), a request for an elevation change associated with the
conversion of a 1,712 sq.ft. storage building to a residential use for
Benson's Carpet Warehouse, located at the southeast corner of S.E. 4th
Street and S.E. 1st Avenue. An attendant non-impacting modification will
be approved administratively.
D. Approved (4 to 0) with conditions, a minor site plan modification,
landscape plan and architectural elevations associated with the addition of
771 sq. ft. oil change facility and elevation changes to the existing facility
for Delray Auto Repair and Quick Lube, located at the southeast corner
of George Bush Boulevard and N.E. 6th Avenue.
E. Denied (4 to 2), the site plan associated with the addition of a 5,281 sq. ft.
structure to house Boston Market and a bagel restaurant at the Linton
International Plaza, located at the southeast corner of Linton Boulevard
and S.W. 10th Avenue.
"
'"
City Commission Documentation
Appealable Items Meeting of September 19, 1995
Page 3
HISTORIC PRESERVATION BOARD MEETING OF SEPTEMBER 6. 1995
1. Approved (6 to 0), a Certificate of Appropriateness associated with a
second floor addition to be constructed above an existing carport at 232
S.E. 7th Avenue.
2. Approved (5 to 0), the request for a Certificate of Appropriateness for a
free standing sign at the Monterey House, located on the west side of
Swinton Avenue, north of Atlantic Avenue.
3. Approved (6 to 0), the request for a Certificate of Appropriateness for
three free standing signs at Old School Square.
4. Approved (6 to 0). a request for a Certificate of Appropriateness for a free
standing sign at 201 N.E. 1st Avenue.
5. Approved (6 to 0), a request for a Certificate of Appropriateness for a free
standing sign at 134 N.E. 1st Avenue.
6. Approved (4 to 2), a request for a Certificate of Appropriateness
associated with the construction of a two car carport at 1010 Nassau
Street. The associated landscape plan was approved on a 6 to 0 vote.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
.
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF SEPTEMBER 19, 1995
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L-J8 CANAL C-15 CANAL
S.P.R.A.B. H.P.B.:
CITY LIMITS -----------
A. - DELRAY ART CENTER 1. - 232 S.E. 7TH AVENUE
B. - SNOWDON RESIDENTIAL TREATMENT CNTR. 2. - 20 N. SWINTON AVENUE
I MILE I C. - BENSON'S CARPET WAREHOUSE (HISTORIC MONTEREY HOUSE)
I D. - DELRAY AUTO REPAIR /Ie QUICK LUBE 3. - OLD SCHOOL SQUARE
SCALE E. - BOSTON MARKET RESTAURANT 4. - 201 N.E. 1ST AVENUE
5. - 134 N.E. 1 ST AVENUE
N 6. - 1010 NASSAU STREET
-
CITY OF DELRAY BEACH, FL
PlANNING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
'"
,
MEMORANDUM
TO:
FROM:
SUBJECT: Revision to City Policy and Procedure Number BF-2, "Investment Policy and
Procedures"
DATE: September 15, 1995
The State of Florida recently passed a law requiring local governments to adopt written
investment policies on or before October 1, 1995.
Therefore, attached is our proposed revision to City Policy and Procedure Number BF-2,
"Investment Policy and Procedures", in which we have incorporated guidelines for investing City
operating, capital and debt service funds. Included as an exhibit to that policy is a copy of the
Government Finance Officers Association's "Recommended Practice".
We would request that this item be placed on the City Commission's agenda for their meeting of
September 19, 1995 so that they may formally adopt this investment policy and procedure.
JMS/rso/sam
Attachment
cc: Rebecca O'Connor, Treasurer
8,0.
.
"'
,
Agenda Item No.:
AGENDA REQUEST
Date: 09-15-95
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 09-19-95
Description of agenda item (who, what, where, how much) :
Adoption of formal investment policy for the investment of, City operat1ng, capital and
debt service funds. (The State of Florida recently passed a law requiring local govern-
ments to adopt written investment policies on or before October 1, 1995.)
ORDINA1~CE/ HESOLUTION REQUIRED: YES/@ Draft Attached: YES€)
Recommendation: Director of Finance recommends approval and adoption of investment
policy.
Department Head
Determination of Consistenc
n/a
City Attorney Review/ Recommendation (if applicable) :
n/a
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 P1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
City of ADMINISTRATIVE SUBJECT: BUDGET & FINANCE
Defray POLICIES AND PROCEDURES Investment Policy and
MANUAL Procedures
Beach NUMBER REVISIONS EFFECTIVE DATE:
PAGE
BF-2 1 September 19, 1995 1 OF 30
~® SUPERSEDES APPROVED BY:
BF-2, Rev. 0 David T. Harden. City Manager
BF-2.0 Purpose:
A. The purpose of this policy is to set forth guidelines for the investment of
the City of < Del ray Beach's pooled cash, which includes cash and investment
balances of the following funds:
1. General Fund
2. Special revenue funds
3. Capital project funds
4. Enterprise funds
5. Expendable trust and agency funds
6. Debt service funds
7. Any new fund created by the City, unless specifically exempted by the
City Commission
B. The policies set forth do not apply to the the Employee Pension funds of
the City, ,depoEjitories for defeased debt, or assets under Bond Trust
Indenture Agreements, when held by third party custodians and/or money
Managers.
BF-2.1 Investment Objectives:
;
-
A. The primary objectives, in priority order, of investment activities shall
be:
1. Safety
Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall portfolio. The
objective will be to mitigate credit risk and interest rate risk.
a. Credit Risk
Credit Risk is the risk of loss due to the failure of the
security issuer or backer. Credit risk may be mitigated by:
i. Limit~ng investments to the safest types of securities¡
ii. Pre-qualifying the financial institutions, broker/dealers,
intermediaries, and advisors; and
iii. Diversifying the investment portfolio so that potential
losses on individual securities will be minimized.
.
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Two
b. Interest Rate Risk
Interest rate risk is the risk that the market value of
securities in the portfolio will fall due to changes in general
interest rates. Interest rate risk may be mitigated by:
i. Structuring the investment portfolio so that securities
mature to meet cash requirements for ongoing operations,
thereby avoiding the need to sell securities on the open
market prior to maturity, and
iL By investing operating funds primarily in shorter-term
securities.
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all
operating requirements that may be reasonably anticipated. This is
accomplished by structuring the portfolio so that securities mature
concurrent with cash needs to meet anticipated demands (static
liquidity) . Furthermore, since all possible cash demands cannot be
anticipated, the portfolio should consist largely of securities with
active secondary or resale markets (dynamic liquidity).
3. Yield
The investment portfolio shall be designed with the objective of
attaining a market rate of return through budgetary and economic
cycles, taking into account the investment risk constraints and
liquidity needs. Return on investment is of least importance compared
to the safety and liquidity objectives described above. The core of
investments are limited to relatively low risk securities in
anticipation of earning a fair return relative to the risk being
assumed. Securities shall not be sold prior to maturity with the
following exceptions:
a. A declining credit security could be sold early to minimize loss
of principal;
b. A security swap would improve the quality, yield, or target
duration the portfolio; or
c. Liquidity needs of the portfolio require that the security be
sold.
BF-2.2 Standards of Care:
A. Prudence
The standard of prudence to be used by investment officials shall be the
"prudent person" standard and shall be applied in the context of managing
an overall portfolio. Investment officers acting in accordance with
.
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Three
written procedures and this investment policy and exercising due diligence
shall be relieved of personal responsibility for an individual security's
credit risk or market price changes, provided deviations from expectations
are reported immediately and the liquidity and the sale of securities are
carried out in accordance with the terms of this policy.
Investments shall be made with judgement and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise
in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital as well as the
probable income to be derived.
B. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with the proper
execution and management of the investment program, or that could impair
their ability to make impartial decisions. Employees and investment
officials shall disclose any material interest in financial institutions
with which they conduct business. They shall further disclose any personal
financial investment positions that could be related to the performance of
the investment portfolio. Employees and officers shall refrain from
undertaking personal investment transactions with the same individual with
whom business is conducted on behalf of the City.
C. Delegation of Authority
Authority to manage the investment program is granted to the Director of
Finance by the City Manager through powers given by the City Commission per
Article 4, Section 4.04 of the City Charter. Responsibility for the
operation of the investment program is hereby delegated to the Director of
Finance, who shall carry out established written procedures and internal
controls for the operation of the investment program consistent with this
investment policy. Procedures should include references to: safekeeping,
delivery versus payment, investment accounting, repurchase agreements, wire
transfer agreements, collateral/depository agreements and banking services
contracts. No person may engage in an investment transaction except as
provided under the terms of this policy and the procedures established by
the Director of Finance. The Director of Finance shall be responsible for
all transactions undertaken and shall establish a system of controls to
regulate the activities of subordinate officials.
BF-2.3 Safekeeping and Custody:
A. Authorized Financial Dealer and Institution
The City shall only purchase securities from financial institutions which
are qualified as public depositories by the Treasurer of the State of
Florida or from primary securities dealers (or their agents) as designated
by the Federal Reserve Bank of New York.
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SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Four
Repurchase agreements shall only be entered into with primary securities
dealers and financial institutions which are state qualified public
depositories.
All financial institutions and broker/dealers who desire to become
qualified bidders for investment transactions must supply the following as
appropriate and as requested:
1. Annual audited financial statements
2. Public depository certification
3. Proof of National Association of Securities Dealers (NASD)
certification
4. Certification of having read the City's investment policy
5. Credit rating provided by a nationally recognized monitoring agency
B. Internal Controls
The Director of Finance is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City
are protected from loss, theft or misuse. The internal control structure
shall be designed to provide reasonable assurance that these objectives are
met. The concept of reasonable assurance recognizes that the cost of a
control should not exceed the benefits likely to be derived and the
valuation of costs and benefits requires estimates and judgements by
management.
Accordingly, the Director of Finance shall establish a process for an
annual independent review by an external auditor to assure compliance with
policies and procedures. The internal controls shall address the following
points:
1- Control of collusion. Collusion is a situation where two or more
employees are working in conjunction to defraud their employer.
2. separation of transaction authority from account and record keeping.
By separating the person who authorizes or performs the transaction
from the people who record or otherwise account for the transaction, a
separation of duties is achieved.
3. Custodial safekeeping. Securities purchased from any bank or dealer
including appropriate collateral (as defined by State Law) shall be
placed with an independent third party for custodial safekeeping.
Certificates of Deposit issued by a local bank or savings and loan
association may be held in safekeeping at that institution. The
institution shall issue a copy of the Certificate of Deposit, a
safekeeping receipt, or some other confirmation of the purchase which
is satisfactory to the Director of Finance, to be kept on file in the
Finance Department, and which indicates the amount, interest rate,
issue date and maturity date of the Certificate of Deposit.
.
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Five
4. Avoidance of physically delivered securities. Book entry securities
are much easier to transfer and account for since actual delivery of a
document never takes place. Delivered securities must be properly
safeguarded against loss or destruction. The potential for fraud and
loss increases with physically delivered securities.
5. Clear delegation of authority to subordinate staff members.
Subordinate staff members must have a clear understanding of their
authority and responsibilities to avoid improper actions.
6. Written confirmation of telephone transactions for investments and
wire transfers. Due to the potential for error and improprieties
arising from telephone transactions, all telephone transactions should
be supported by written communications and approved by appropriate
personnel unless an agreement is executed with a financial institution
as discussed in paragraph B.7. (below) .
7. Development of a wire transfer agreement with a bank or third party
custodian. This agreement should outline the various controls,
security provisions, and delineate responsibilities of each party
making and receiving wire transfers. The agreement should specify the
person(s) authorized to process the telephonic wire. The agreement
should also specify that wires can be made only to a City of Delray
Beach account.
C. Delivery versus Payment
All trades where applicable will be executed by delivery versus payment
( DVP) . This ensures that the securities are deposited in the eligible
financial institution prior to the release of funds. Securities will be
held by a third party custodian as evidenced by safekeeping receipts.
The City will execute third party custodial agreements with its bank(s) and
depository institution(s) . Such agreements will include letters of
authority from the City that detail the responsibilities of each party,
notification of purchases, sales, delivery, repurchase agreements and wire
transfers, safekeeping and transaction costs, procedures in case of wire
failure or other unforeseen mishaps including liability of each party.
BF-2.4 Suitable and Authorized Investments:
Consistent with the GFOA Recommended Practice on State Statutes Concerning
Investment Practices, the following investments will be permitted by this policy
and are those defined by Florida State law where applicable:
A. Investment Types
1- Direct obligations of the U.S. Government;
2. Obligations guaranteed by the U.S. Government as to principal and
interest;
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SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Six
3. The Local Government Surplus Funds Trust Fund created by Section
218.405 Florida Statutes;
4. Repurchase Agreements and Reverse Repurchase Agreements of which the
the underlying collateral shall be any U.S. Government Security
authorized in paragraph 1 and 2 within this section.
5. Time deposits and savings accounts in banks and savings and loan
associations organized under the laws of Florida or the United States,
doing business and located within a fifty (50) mile radius of the
City, provided that such deposits are secured by collateral as
prescribed by Chapter 280, Florida Statutes;
6. Investment grade obligations of state, and local governments and
public authorities.
7. Fixed income mutual funds comprised of only those investment
instruments as authorized in paragraphs 1 and 2 within this section.
8. Without specific Commission approval the City will not invest any
funds in derivative investment products. This includes but is not
limited to collateralized mortgage obligations (CMOs), interest-only
(IOs) and principal-only (POs), forwards, futures, currency and
interest rate swaps, options, floaters/inverse floaters, and
caps/floors/collars. Derivatives, if approved, should be consistent
with the GFOA Practice on Use of Derivatives by State and Local
Governments. See GFOA Recommended Practices, Section BF-2.9, for
definition and policy.
B. Collateralization
In accordance with Florida State Law and the GFOA Recommended Practices on
the Collateralization of Public Deposits, collateralization will be
required as follows:
1. Repurchase Agreements
Use of repurchase agreements should be consistent with GFOA
Recommended Practices on Repurchase Agreements. Collateral
requirements for Repurchase Agreements will be contained in the Master
Repurchase Agreement, executed between the City and the broker/dealer
or bank. See GFOA Recommended Practices, Section BF-2.9.
2. Certificates of Deposits
Collateral for public deposits is controlled by the state of Florida
through Chapter 280 of the Florida statutes. See GFOA Recommended
Practices, Section BF-2.9.
BF-2.5 Investment Parameters:
A. Diversification
The investments will be diversified by security type and institution.
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SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Seven
B. Maximum Maturities
Maximum final stated maturities should be limited to five (5 ) years unless
specific authority is given to exceed that limit. To the extent possible,
the City will attempt to match its investments with anticipated cash flow
requirements. Unless matched with a specific cash flow, the City will not
directly invest in securities maturing more than five (5 ) years from the
date of purchase. The City should determine what the appropriate average
weighted maturity of the portfolio should be.
C. Reserve funds may be invested in securities exceeding five (5 ) years if the
maturity of such investments are made to coincide as nearly as practicable
with the expected use of funds. Any investment of reserve funds with
maturities greater than five ( 5) years must be approved by the City
Commission.
BF-2.6 Bid Requirement:
When purchasing or selling securities, the Director of Finance or his designee
shall select the investment which provides the highest rate of return within the
parameters of this policy and given the current objectives and needs of the
City's portfolio. The designee may only include the City Manager, Assistant
City Manager or the Assistant Director of Finance. These selections shall be
made utilizing one of the following methods:
A. competitive bids, wherein the City solicits proposals from a minimum of
three firms located within the fifty (50) mile radius of the City. The
City may also seek bids from the State Board of Administration located in
Tallahassee, Florida.
B. Comparison to the current market price as indicated by one of the market
pricing resources available to the City. These include, but are not
limited to:
l. Bloomberg Information Delivery System.
2. Wall Street Journal, or a comparable nationally recognized financial
publication providing daily market pricing.
3. Daily market pricing provided by the City's Custody Agent or their
correspondent institution.
In most situations, the City shall utilize the competitive bid process to
select the securities to be purchased or sold. Selection by comparison to
a current market price, as indicated above, shall be utilized when, in the
judgement of the Director of Finance, competitive bidding would inhibit the
selection process. Examples of when this might occur are:
l. When a dealer brings to the City an unsolicited swap or proposal.
2. When no active market exists for the issue being traded due to the age
or depth of the issue.
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SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Eight
3. When time constraints due to unusual circumstances preclude use of the
competitive bidding process.
4. When a security is unique to a single dealer, for example, a private
placement.
5. When the transaction involves new issues or issues in the "when
issued" market.
When using the competitive bid process, all bids shall become part of the
record of the specific security involved. When selection is made based on
comparison to current market price, the following information shall become
part of the record of the security involved:
1. Reason for use of this method.
2. Source of the current market value used.
3. Price and/or interest rate quoted by said source.
BF-2.7 Reporting:
A. Methods
The Treasurer shall prepare an investment report at least quarterly,
including a succinct management summary that provides a clear picture of
the status of the current investment portfolio and transactions made over
the last quarter. This management summary will be prepared in a manner
which will allow the City to ascertain whether investment activities during
the reporting period have conformed to the investment policy. The report
should be provided to the Director of Finance. The report will include
the following:
1. A listing of individual investments by fund and by institution and the
percentage of total portfolio which it represents.
2. A listing of individual securities held at the end of the reporting
period.
3. Average weighted yield to maturity of portfolio on City investments as
compared to applicable benchmarks.
4. Listing of investments by maturity date.
If any problem occurs affecting the principal or interest of any of the
investments, the Director of Finance must report this fact immediately to
the City Manager and the City Commission.
B. Performance Standards
The investment portfolio will be managed in accordance with the parameters
specified within this policy. The portfolio should obtain a market average
rate of return during a market/economic environment of stable interest
rates. Portfolio performance should be compared to appropriate benchmarks
on a regular basis.
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SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Nine
C. Marking to Market
A statement of the market value of the portfolio shall be issued at least
quarterly. This will ensure that the minimal amount of review has been
performed on the investment portfolio in terms of value and subsequent
price volatility. Review should be consistent with the GFOA Recommended
Practice on Mark-to-Market Practices for State and Local Government
Investment Portfolios and Investment Pools. See GFOA Recommended
Practices, Section BF-2.9.
BF-2.8 Policy:
A. Exemption
Any investment currently held that does not meet the guidelines of this
policy shall be exempted from the requirements of this policy. At maturity
or liquidation, such monies shall be reinvested only as provided by this
policy.
B. Amendment
This policy shall be reviewed on an annual basis. Any changes must be
approved the City Commission and the Director of Finance, as well as the
individual(s) charged with maintaining internal controls.
BF-2.9 GFOA Recommended Practices:
A. Governmental Relationships with Securities Dealers (1986)
B. Repurchase Agreements (1986)
C. Collateralization of Public Deposits (1987 and 1983)
D. Use of Various Types of Mutual Funds by Public Cash Managers (1987)
E. Federal Regulation of Investment Advisors (1992)
F. State Statutes Concerning Investment Practices (1992)
G. Use of Derivatives by State and Local Governments (1994)
H. Market Risk (Volatility) Ratings (1995)
I. Reverse Repurchase Agreements, Leveraging, Prudent Investment Practices for
Cash Management (1995)
J. Mark-to-Market Practices for State and Local Government Investment
Portfolios and Investment Pools (1995)
K. Master Trust and Custodial Bank Security Lending Programs (1995)
L. Use and Application of Voluntary Agreements and Guidelines (1995)
BF-2.10 Investment Procedures:
A. Review funds to determine amounts of funds available and the length of time
for which they can be invested.
B. Obtain interest rate quotes for the various permissible investments through
competitive bids from several financial institutions. The investments must
.
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SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Ten
be limited to those defined in Florida Statute 166.261 and Certificates of
Deposit will be invested through institutions listed as "Qualified Public
Depositories" under the "Florida Security for Public Deposits Act".
C. Rates quoted are reviewed by the Director of Finance, who selects the
investments to be made and initials the bid sheet (Exhibit B).
D. If funds are to be wired, a "Wire Transfer Request" (Exhibit C) is
completed and approval for the transfer is initialled by the Director of
Finance. Wire instructions are given by phone by personnel who have been
authorized by the Director of Finance with written notification given to
the financial institutions. Funds may only be wired to accounts which
include "City of Delray Beach" in their title. A letter of authorization
to confirm wiring instructions is sent to the institution wiring out the
funds.
E. If funds to be invested are in the form of a check, payment is delivered to
the financial institution along with a letter from the Director of Finance
authorizing the investment.
F. A journal entry is made to record the investment transaction. The journal
entry number is recorded on the "Wire Transfer Request" and letter of
authorization.
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EXHIBIT A
GOVERNMEi'4T FINA1'1CE OmCERS ASSOCIATION
Recommended Practice
.
Governmenml Relationships with Securities Dealers
.
. .
Govemment:U investors are expected to protect public funds from losses arising from
. default :md to ensure that securities are purchased :md sold at the best price available in
the competitive marketplace. Special care is therefore required in selecting depositories and
securities dealers for purposes of investment mmsactions.
The GFOA recommends that:
1. Depositories. ~ustodi:ms. and dealers be, selected or qualified through
~ompetitive proceåures.. including requests ior proposals for banking services.
~ Securities dealers conducting tr:msactions with governmental entities be
-
required to comply with the Federal Reserve Bank of New York's capital
adequacy guidelines as a condition of doing business. Before investing public
funds. governmental investors should obtain compliance cenifications from the
dealer and :m independent :luditor. .
3. Governmental investors secure :lcknowledgement from their depositories and
dealers th:lt they h:lve received written copies of their investment policies.
portfolio risk constr:lims. and investment tr:lding requirements.
~. Governmental investors be aware of rea.sonably foreseeable risks of market
price loss. iiliquiùitv. nonmarketabiliry. or default of investment instruments
before [hey purchase them. AdditionaHy. s~curlt1es ùeaLers have a
responsibility to disclose unre:x.sonable risks.
5. Governmental investment officials seek competitive pnces and yield
quotations on investment securities prior to executing tr:msactions.
Adopted: June 3. 1986
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GOVERNMENT FINANCE OFFICERS ASSOCIATION
Policy Statement and Recommended Practice .
Reourchase Agreements
,
Repurchase agreements (repos) are the sale by a bank or dealer of a government
security with the simultaneous agreement to repurchase the security on a later date. Repos
are commonly used by public entities to secure money market rates of imerest.
The Government Finance Officers Association (GFOA) affirms that repurchase
agreements are an integral pan of an investment program of state and local governments.
Furthermore. public finance officers are encouraged to develop policies and procedures to
insure the saiety ot such investments.
Governmental ~ntities and investment officers should exercise special caution in
selecting parties wi th whom they wi II conduct repurchase transactions. and be able to
identify the parties acting as principals to the transaction.
Proper collateralization practices are necessary to protect the public funds invested
in repurchase agreements. Risk is significantly reduced by deliver:y of underlying securities
through physical delivery or safekeeping with the purchaser's custodian. Over-
coJIateraJization. \:ommonly called "haircuts." or marking-to-market" practices should be
mandatory procedures.
To protect public Ïunds. the GFOA will work with securities dealers. banks. and their
respective associations. to promote improved repurchase agreement procedures through
master repurchase agreements that protect purchasers' interests. universal standards for
Llelivery procedures. and written risk disclosures.
.'
GFOA recommends general use of master repurchase agreements. subject to
appropriate legal and technical review. Governments using the prototype agreement
developed by the Public Securities Association should indude appropriate supplemental
provisions regarding delivery. substitution. margin maintenance. margin amounts. seller
representations and governing law.
.
Despite contractual agreements to the contrõlIY. receivers. bomkruptcy courts and
federal agencies have interfered with the liquidation of repurchase agreement collateral.
Thereiore. the GFOA encourages Congress to eliminate statutory and reguiatory obstacles
to perfected security interests and liquiàation of repurchase coUaterai in the. event of
default.
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Adopted June 3. 1986
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GOVERNMENT FINANCE OFFICERS ASSOCIATION
Policy Statement and Recommended Practice
.
Collateraiization of Public Oeoosits
.
.
,
The Financial Institutions Reform. Recovery, and Enforcement Act of 1989
(FIRREA) imposes cenain limitations on collateral agreementS between financial
insti~utions and public entities to provide adequate collateral for public entities to secure
sizeable public unit deposits. Recent judicial opinions indicate that, under cenain
circumstances. the Federal Deposit Insurance Corporation (FDIC) would thus be able to
avoid a perfected security interest and leave the public depositor with only the right to share
with other creditors in the pro rata distribution of the assets of a failed institution.
FIRREA provides that a depositor's security agreement which tenås to diIIÙIÚSh or
defeat the interest of the FDIC in an asset acquired by it as receiver of an insured
depository shall not be valid against the FDIC unless the agreement (1) is in writing. (2) was
executed by the depository institution and any person claiming adverse interest thereunder.
contempornneously with the acquisition of the asset by the depository institution. (3) was
approved by the board of directors of the depository or its loan committee and (4) has been.
continuousLy. from the time of its execution. an official record of the depository institution.
,In addition. FIRREA also appears to offer no othèr right to a public entity when a
security agreement is deemed unenforceabLe other than as a pro rata distributee of the
assets of the failed financi:ll institution.
The Government Finance Officers Association (GFOA) urges state and local
government depositors to take ail possible actions to compiy with thc FIRREA requirements
in order to ensure th:lt their security interests in collaterai pledged to secure deposits arc
enforceabLe a1!ainst the receiver of a failed fiaancial institution.
- .
GFOA strongly urges that federal statutory and regulatory limitations which restrict
the sovereign ability of public entities to protect collateralized funås be removed.
Adopted: !v1ay 4, 1993
.
.
GOVERNMENT FIN~\¡CE OFFICERS ASSOCIATION
Recommenàed Practice
.
Collateraiizatian of Public DeDosits
.
,
Safety of public funds should be the foremost objective in IImnnging public funds.
Collateraliz:nion of public deposits through pledging of appropriate securities is the o~yway
to fully guarantee, the safety of such deposits.
Additionally. public entities should implement programs of prudent risk control.
Such programs could include a formai depository risk policy. credit analysis and use of fully
secured investments.
Statewide coilateraiization programs have generaily proved to be cost etfective and
benetïcial for both the public sector anà its depositories. In the absence at an effective
statewide collateral program. local officials should establish and implement coUateralization
procedures.
.
Adopted: June 2. 1987
.#
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GOVER~MENT FINANCE OFFICERS ASSOCIATION
Policy Statement and Recommenåed Practice
.
Federal Re~jation of of [nvestment Advisers
,
Some state and local governments have augmented their investment programs by
retaining investment advisers to perform various ponfolio services ranging from advice-amy
consultation to fully discretionary management. In many cases. the results of these
engagements have been favorable~ but there have also been cases of reported investment
losses resulting from governmental units transacting business with certain investment
advisers. U mike the highly regulated bank trust and mutual fund sectors. federal regulatory
inspection of independent investment advisers is presently infrequent and relatively
superiicial.
The Government Finance Officers Association (GFOA) has consistently recom-
mended that state and local governments exercise caution in their selection of investment
advisers and implement an ongoing risk control management program. The Association
urges governmental t:ntities considering or retaiIÚng independent investment advisers to
carefully review the credentials. procedures_ and controls of firms offering investment
advisory services. Recommended precautionary measures include delivery versus payment.
third-parry custodv arrangements. prohibitions against self-dealin~ audits. timely
reconciliations. and other appropriate internal control measures.
GFOA supports federal legislation amending the Investment Advisers Act of 1940
to provide the additional resources and authoriry required by the Securities and E'(change
Commission to periorm more frequent inspections and more thorough oversight of advisers
who conduct transactions involving governmental funds. GFOA further recommends that
such lecisiation indude exoress suitabilitv and bondin{! reauirements tor investment advisers.
- . . - .
."
Adopted: June 23. 1992
.
.,
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GOVERNMENT FINANCE OffiCERS ASSOCIATION
Recommended Practice
.
Use of V:1rious Tvpes of \Jfutual Funds bv Public Cash Mana!;!eI"S
.
.
.
Government cash m::t.n:lgers can sometimes beneÌÌt from investing public funds
through regulated mutua! funds. Portfolio diversification. liquidity and professional
management are desirable features of these investment vehicles. Investors using mutual
funds should study the fund's prospectus and statement of additional information to
determine
· the integrity and experience of the investment company.
· sales ices and operating expenses.
· fundamental portfolio policies. and
· portfolio composition.
Government cash managers should use special care when investing in bond mutual
funds. :-'1utual funds investing exclusively in short- and imermedÌate-term instrumentS may
be appropriate investments in some jurisdictions. However. mutua! funds investing in long-
term securities should be avoided by investors of short-term funds. Market price risks could
impair the safety of assets. which is the foremost objective of public cash managers.
The Government Finance Officers Association has endorsed the use of money market
mutual funds by public cash managers through the association's model investment legislation
for state and local ~overnments. TIlis statement is intended to clariiy ami supplement the
Government Finance Officers Association's I1lDdellegisiation.
Adopted: June 2. 1987
.
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice .
Use of Derivatives hv State and Local Govemment~
.
,
A derivative is a financial instrUment created from or whose value depends on (is
derived from} the value of one or more underlying assets or indexes of asset values. The
term "derivative produCts" refers to ins~ents or feat1,1re~ such as collateralized mongage
obligations (CMOs), interest-only (10s) and principal-only (POs), fonvards. futures, currency
and interest rate swaps, options. floaters/inverse floaters. and caps/floors/collars. State and
local governments are potential users of derivatives in their roles as deb~ cash. and pension
fund managers.
The Government Finance Officers Association (GFOA) urges government finance
officers to exercise extreme caution in the use of derivative instrUments and to consider their
use only when they have developed a sufficient understanding of the products and the
expertise to manage them. Because new derivative products are incre:lSingly complex. state
and local governments considering derivatives should use these instrUments only if they can
evaluate the following factors. among others. to determine the appropriateness of derivative
use for their jurisdiction: .
1. Government entities must observe the objectives of sound asset and liability
management policies that ensure safety, liquidity, and yield. Because of the risks
involved. the use of derivatives by government entities should receive panicular
scrutiny. Certain derivative products may not be appropriate for all government
investors. Characteristics of such products can include:
· high price volatility:
illiquid markets: .'
·
· products that are not market-tested:
· highly leveraged prod~cts:
· products requiring a high degree of sophistication to manage; and
· productS that are difficult to value.
2. Government entities should understand that state and local laws may not specifically
address the use of derivatives. Therefore. analysis should include an examination of
considerations. such as:
· The constitutional and statutory authority of the governmental entity to
execute derivative contractS.
.
.
· The poter.tial for violating constitutional or statutory provisions IiIIÙting the
~ntity's authority to incur debt resulting irom the transaction.
· The application or" the government entity's procurement statutes tÐ derivative
transactions.
.
3. Government entities should b.e aware of the risks incurred as a result of use of
derivatives. These include. in addition to legal risk. counterpany credit risk. custodial
ris~ market risk. settlement risk and operating risk.
4. Government entities should establish intem:tl controls for each type of derivative in
use to ensure that these risks are adequately managed. E.umples include:
· The entity should provide a written statement of purpose and objectives for
tlerivative use.
· \Vrittcn procedures should be established that provide for periodic monitoring
of derivative instruments.
· Managers should have sufficient expertise and technical resources to oversee
derivative programs. Periodic traÌIúng should be provided.
· Recordkeeping systems should be sufficiently dètailed to allow governing
bodies. auditors. and examiners to determine if the program is functioning in
accordance with established objectlves.
· Managers should report regularly on the use of derivatives to their governing
hody. and appropriate disclosure should be made in official statements and
other disclosure documems.
· Reponing on derivative use sho.vld be in accordance with generally accepted
accouming principles. ßecause use of these instruments is a complex matter.
early discussion with public accountants is essential. Specialized reponing
may be required.
5. Government emities should be aware if the broker or dealer with whom they are
dealing is merely acting as an agent or intermediary in a derivative transaction or is
taking a proprietary position. Any possible com1ict of imerest should be taken into
consideration before emering into a transaction.
.
"
6. Government entities should be aware that there may be little or no pricing
information or standardiz:Ltion ior some derivatives. Competitive price comparisons
are recommended before entering into a transaction. -
7. Government entities should exercise caution in their selection of brokers. dealers or
investment manaszers and ensure that these ag:ents are knowiedszeable about.
-. - , -
understand. and provide disclosure regarding the use of derivatives. including benefits
and risks. The entity should secure written acknowledgement from the broker or
dealer that they have received. read. and understood the entity's debt and investment
·policies. including whether derivatives are currently autho'rized under the entity's
investment policy, and that the broker. dealer or investment m:u1é1ger has asccnained
that the recommended product is suitable for the government entity.
8. Government entities are responsible for ensuring this same level of safeguards when
derivative transactions are conducted by a third party acting on behalf of the
governmental entity.
Adopted: June 7. 1994
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GOVERNME~T FINANCE OFFICERS ASSOCIATION
Recommended Practice
State Statutes Concemini Investment Practices
,
Manv state and local governments have improved their c:lSh manaszement and
.investment practices in order to increase the fate of return on invested public funds. Some
state and local laws and practices inhibit the abilities of state and local governments to
benefit from safe and high-yielding investment instruments.
The Government Finance Officers Association encourages state legislatures to
remove artificial restrictions upon the eiücient investment of public funds bv:
1. Amendingst:ue statutes regulating local government investment authority to
permit prudent investment ot public funds in prime money market insuuments
and investment securities. such as: U.S. Government obligaúons. U.S.
Government agency obligations. U.S. Government instrumentality obligaúons.
Canadian government obligations (payable in local currency), repurchase
agreements. certificltes of deposit. savings and loan association deposits.
prime bankers acceptances. prime commercial paper. investment-grade
obligations of state. provincial and local governments and public authorities.
and money market mutual funds regulated by the Securities and Exchange
, Conunission and whose portfolios consist only of domestic securities.
2. Authorizing and encouraging the efficient. professional investment of public
funds In statewloe Investment pools to take advantal!e of portfolio
diversitïcation and liquidity. In addition to state-administered investment
pools. states should effectlvely promote investment poois through joint powers
statutes and other "intergovernmental agreement" legislation.
Adopted: June 23. 1992
.
GOVER!,\¡MENT FINANCE OFFICERS ASSOCIATION
Recommended Practice -
\farket Risk I Volatilitv) Ratin~s
'. I
Governments have long relied on credit ratings as an independent analytical source to gauge
the credit risk of an investment option. However. credit risk analysis alone is not sufficient to
safeguard against the assumption of other risk components. including market. interest rate. and
liquidity risks.
The Government Finance Officers Association (GFOA) encourages investors to auament
infonnation they receive from brokers. th:alers or advisors with independent research when
I.:onductinl.! due diliuence of potential investmcnts. lntonnation sources include historical tradinl.!
- - ~
ranges. trend and volume data.. brokerage tinn research. cash How and present value analysis. and
credit ratings and research.
ll1rough the securitization and structuring process. AAA rated securities and funds also may
carry extreme market and other risks that are wholly unaddressed by credit ratings. Rating agencies
now provide market risk ratings that evaluate the volatility of the seèurity under a wide range of
potential interest rate and mongage prepayment scenarios.
Risk components. such:lS interest rate. prepayment. credit. spread;md liquidity. and currency
risks are analyzed to assess how aggressively the tund uses derivativcs and Icveraging. and what
risks their use presents to fund managers and investors in the fund. Rcsuits indicate the degree or
potential variability in the prospccti\'C fund performance. Ilistoricai perronnancc and volatility or
fund returns rebtive to appropriatc benchmarks also are evaluated.
."
:'v1arket risk ratings when also applied to individual collateralizcd mongage obligations
(CMOs) provide a useful bend1mark to government entities as they establish guidelines tor prudent
management of derivative investments.
GFOA encourages investment in only those funds that seek market risk ratings from rating
agencies to provide comprehensive disclosure of risks to public investors. Although volatility
ratings currently are not mandatory. public investors may wish to consider limiting their investments
to CMOs and funds that have received favorable volatility ratings from a nationally recognized
rating agency.
Adopted: June 13. 1995
.
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GOVE&'\fMENT FINANCE OFFICERS ASSOCIATION
Recommended Prnctice
-
Reverse Renurchase Anreements. L~vern~in~.
:md PllIdent Inve~ment Practices tor Cash Mana[!ement
". .
Losses of public funds have occurred as the result of the inappropriate use of reverse
repurchase agreements (reverse repos.' in leveraging porttolios to incre:lSe investment returns and
as a result of other unsound investment prnctices.
In a reverse repo. an investor owns securities. such as a Treasury note. U.S. government
agency hond or other security. that a bank or dealer purchases under an agreement to sell back to the
investor on a specitied date. at an agreed-upon interest rnte. '
Reverse repos generally have two basic uses: 1irst. reverse repos mav be one wav to avoid
" .
liquidating a porttolio to meet unexpected or immediate cash tlow requirements. This
straighttorward use of the instruments is accepted by most public finance officers as a legitimate
cash management prnctice.
The second. potentially more controversial. use of the reversè repo is to enhance porttolio
returns through the purchase of securities tinanced through repurchase transactions. The cash
obtained can then be invested in another higher-yielding instrument. The conservative and prudent
approach to this use of reverse repos Involves short-term contrncts in which the term of the reverse
repo is matched with the maturity of the reinvestment.
R~\'erse repo proceeds gcneraHy should not be invested in securities whose maturity does
lIot match the term o¡' the n:verse rcpo. For example. borrowing short to Icnd long can produce
losses in adverse markets. Further. the posStbiliW exists that other tactors can go wrong, such as
J~tault by the dealer or ad\'erse market changes that erode the value of the underlying securities.
The use of reverse repos should be considered only by entities that have the expertise and
resources required to successfully engage in the technique. Additionally. state statutes may prohibit
or discourage the use of reverse repos. 1l1e Government Finance Officers Association (GFOA)
:ldvises government officials who engage in reverse repos to verify whether such uses of reverse
repos arc legaHy sanctioned.
Other concerns that have been raised about such investment practices include purchasing
securities on margin (by horrowing funds trom a counterparty), selling securities short (by borrowing
the security from a third p:lI1Y and selling in anticipation of higher interest rates). purchasing long-
term bonds with short-term funds. and trading futures contracts without an exact offsetting cash
market position. GFOA discourages public officials from engaging in such investment practices.
,-\dopred: June 13. 1995
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GOVERi.'lMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice .
\1ark-to-market Pr~ctices tor State and local Government Investment Porttolios
and Investment Pools I
As the investment ponfolios of state and local governments are subjected to increased
scrutiny, it is essential that reponing standards be enhanced so that investors. governing bodies and
the public remain infonned of the current market value of the ponfolio.
State and local government officials responsible tor investment pontolio reponing should
Jetenninc rhe market value of all sccurities in the pontolio on at least a quanerly basis. 1l1ese values
should be obtained from a reputable and independent source and disclosed to the governing body
I)r other oversight body at least quanerly in a written repon. I t is recommended that the repon
include the market value. book value and unrealized gain or loss of the securities in the pontolio.
Manv state and 10cal1!overnment officials are allowed to invest in various state nnd local
. -
government investment pools available in their state or region. Pool administrators should. on at
least a monthly basis. Jetennine the market value of aU securities 'in the pool and repon this
intormatÏon to ail pool panicipants on at least a quarterly basis. ll1ese values should be obtained
'rom a reputable and independent source. This intonnation should be included in the repon to the
governing body prepared on at least a quancrly basis.
\Joprcd: .Junc 1.3. 1')95
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GOVERNMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice -
\1astcr Trust and Custodial Bank Security r endin!! Pro~rams
.. ,
The lending of securities helps to maintain an orderly market while providing incremental
income to the panicipant. Broker/dealers borrow primarily to cover fails (the non-delivery of a
securitv expected to be delivered on a date certain) and shon sales (the sale of a security not
. .
presently owned by the seller in order to take advantage of an expected lower market price) and to
execute arbitrage transactions. TI1eir preterred panners in these transactions are the master trust and
custodial banks since their huge portrolios basically offer ··one-stop shopping:'
:\s pan of their trust and custody management services. banks. like other money managers.
nffer to lc:nd securities owned by institutional clients to brokers in exchange tor collateral. The
collateral. which is usually cash. is reinvested at a rate higher than the rebate rate paid to the broker.
The resulting proceeds are subsequently split between the lending agent and the client.
A security lending transaction is similar to a reverse repurchase transaction and subject to
many of the same risks. While the indemnitications offered may vary, the lending agreement may
provide that broker credit risk. broker det~ult risk. and collateral maintenance are risks undertaken
by the lc:nding agent. TIle degree of risk assumed by the lending agent generally is retlected in the
split of proceeds. Ll.:nding :.lgent credit risk. h:nding agent dct~u1t risk and collateral reinvestment
risks arc undert:!.ken by the institutional client.
Liquiditv requirements arc often accepted by and guaranteed by the lending :!.gent upon one
J:.lY·s notice. :.IS substitution or' the h.:nding client In large h:nding programs is c:.lsiiy accomplished
:.lnd essentially risklcss. Programs that require the:. client to undertake responsibility tor managing
the lil Uidity present gre:!.ter risks and require tfiat the client place limits on the amount of the
porttolio which may be put on loan. nle term of the securities on loans and the reinvestment of the
proceeds must be carefully established by the client and strictly managed.
Unsound collater:!.l reinvestment practïces can result in some master trust and custodial
banks incurring losses on beh:.llf of their institutional security lending program customers.
Additionaily. rapidly changing interest rates. knding short and investing long. investing in
speculative deriv:!.ti ves. ;md p:!.ying a tixed rebate rate \vhile investing in Hoating rebate rate
securities under adverse market conditions are examples of situations that can produce investment
losses.
.
'I
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\-faster frust anå Custodial Bank Security r ::!1din~ Pro!!r.:lms .
While investment strategies that include security lending programs are not inherently risky
when employed judiciously with appropri:ue precautions and' controls. the Government Finance
Officers Association IGFOA) urges government otficials to exercise extreme caution in their use of
security lending programs. Prior to participating in a security lending program. tinance officers
should carefully evaluate
· whether security h~nding is legally pennissible under state statute and the
jurisdiction's \\-TÌtten investment policy,
· the tenns of the lending agreements.
· the indemnuicauon provisions.
· the reinvestment gUlåclines and tcnns of the lending. including the maturity of loans
~ well as the securities purchased.
· the liquidity provisions and risks.
· the credit risks to be undertaken. and
· the resources required to monitor compliance with the agreement.
.
Adopted: June 13. 1 <)95
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GOVERL'JMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice .
Use and Application (}fVnluntary A~reements and Guidelines
,
The Government Finance Officers Association (GFOA). working with other state and local
public interest groups and the President's Working Group on Financial Markets. has committed to
( 1) promote the use of model investment guidelines: cn provide educational materials: (3) conduct
training programs: (4) share infonnation and relevant guidelines developed by federal regulators:
and (5) identify possible regulatory or oversight issues.
Representatives at" all sectors of the investment community are undenaking voluntary eiforts
to clarify the relationship ot" panics to investment transactions. Examples at such undertakings by
the broker/dealer industry are the Dcrivatives Policy (jroup Voluntary Oversight Framework and thc
Principles and Practices tor Wholesale Financial Market Transactions. Examples of such initiatives
on the investor side are the GFOA Sample BrokeriDealer Agreement and sample investment
policies and legislation.
Public investors should consider carefully the many agreementS and guidelines in use which
may affect a public entity's rights and responsibilities in a given transaction. Some of these
Jocuments contain legal assumptions that might affect the validity of a transaction. Others would
require cenain statements to be in writing in order to be effective. Although the t:ntorceability ot
such guidelincs is uncertain. state and local government investors should be aware of their existence
and the possibility that their counterpanies may be operating under these or similar guidelines.
(¡FOA recommends that:
"
I. Governmental investors be aware of the tcderal. sute and local laws that govern investment
contracts and agreements. as well as statutes and regulations aifecting suitability obligations
of brokefldealers. which require that a brokeridealer should only recommend a product ancr
that brokeridealer has taken steps to det~nnine that it is suitable for the customer:
"') Governmental investors use the GFOA-developed Broker/Dealer Request tor Infonnation.
-'
Sample Agreement tor Securities Service and (Optional) Statement of Work in dealing with
brokers and de:llers. modified as necessary. which have been tonnulated specifically by and
for state and local government investors:
3. Governmental investors use the GFOA-developed Sample Agreement for Investment
Advisory Services when contracting tor investment advisers: and
.
. .
-2-
Use and Applic:uion or-Voluntarv Aoreements and Guidelines -
4. Governmental investors protect their existing statutory and regulatory rights by ensuring that
such rights are not inadvenenily waived through the úse of "boiler-plate" language in
contracts with counterpanies.
Adopted: June 13. 1995
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EXHIBIT B
. .
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ~ ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ~ ! ! !
! !
! !
! ! ! ! !
!BARNETT BANK ! 1ST UNION ! SUN BANK ! NCNB !
! BARBAR.-\ !MARY ! SALLY GEBO ! !
!CASPER !LaVERGHETTA ! 278-4511 ! !
! 243-1914 ! 338-6043 ! !DOROTHY PAYNE!
! ! ! ! 393-5223 !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! !
. 30 DAYS ! ! ! ! !
! ! ! ! 1
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! !
60 DAYS ! ! ! ! !
! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! !
90 DAYS ! ! ! ! !
! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
I I ! ! ! !
r
! ! ! ! ! !
! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
!
! DATE: CD:
! FUND: INTEREST:
! CD#: JE:
! AMOUNT:
! INTEREST:
!
1'1 I I I I I I , I , I I , I I I , 1'1' , I I I I I I I I I , I I I I I , , I 1 I I , I I I I I I , , I , I I 1 1" I I I , , I I I I I , I r r , I r r r , I I ,
.
"
EXHIBIT C
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WIRE TRANSFER REC~:S;
DA TE: -------~-------------------------------------
SENDING BANK: -------------------------------------
MOUNT: -------------------------------------------
SOURCE OF rUNDS: ----------------------------------
--------------------------.----------------------
-------------------------------------------------
-------------------------------------------------
A/C CODE: -------------------------------------
WIRE INSTRUCTIONS:
.~
APPROVAL BY: -------------------------------------
LETTER or AUTHD~IIATIOH: -------------------------
J£: ----------------------------------------------
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttI1
SUBJECT: AGENDA ITEM # g. p. - MEETING OF SEPTEMBER 19. 1995
DATE: SEPTEMBER 15, 1995
This is before the Commission to approve the award of the
following bids and contracts:
1. Contract renewal to Human Affairs International, the City's
Employee Assistance Program provider, in the amount of
$26,900, from 551-1576-591-31.90.
2. Contract award to Marine Engineering Contractors, Inc. for
construction of a catwalk addition at the Water Treatment
Plant, in the amount of $137,600 from 441-5161-536-63.42.
3. Bid award to Allied Universal Corp. for Hydrofluosilicic
Acid, at an estimated annual cost of $14,250 from FY 95/96
441-5122-536-52.21.
4. Bid award to Photoline Supplies for various photographic
supplies via City of Boca Raton bid, at an estimated annual
cost of $19,159.30 from FY 95/96 Photo/Microfilm Services
(34.70 from various departmental operating budgets) .
5. Bid award to Kevlex, Inc. d/b/a School Bus Service for bus
rental service for the After School, summer day camp, and
Rocks football programs, in the approximate amount of
$40,000 from 001-4106-572-44.90, 001-4105-572-44.90 and
001-4121-572-55.40.
6 . Bid award to various vendors for road construction
materials; a co-op bid, (9 firms, 7 governmental agencies)
at an estimated annual cost of $82,752.25 from FY 1995/96
various departments (Streets and Construction Divisions)
Operating Budgets.
.
"
. f~c.~ i-ee.~
Agenda I tem No. : !lf1L
AGENDA REQUEST
Date: 09-07-95
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 09-19-95
Description of agenda item (who, what, where, how much) :
Renewal of contract between the City of Delray Beach and Human Affairs International
for the policy year October 1. 1995/96. Human Affairs International is the City's
Employee Assistance Program (EAP) provider. See attached memorandum from Lee Graham,
Risk Manager.
ORDI~Al~CE/ RESOLUTION REQUIRED: Y2.Sfi§) Draft Attached: YES@)
Recommendation: Approval is recommended by the Risk Manager and Director of
Finance.
Department Head Signature: -
,
Determination of Consistency
n/a
City Attorney Review/ Recommendation (if applicable):
n/a
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: ~/ NO
Funding alternatives: ~/- ¡~/b-sq/.~7j -6}o o~Pt1~~eM/ú '
Account No. - & Desc1.hption:
Account Balance: ¡(XX)
City Manager Review:
Approved for agenda: §J NO {11
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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" . .
[IT' OF DELIA' IEA[H
OElRA Y BEACH
F t 0 I In"
tIa.d 100 N.W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AlI·America City
, 'III! M E M 0 RAN DUM
1993
TO: David T. Har~~ Manager
THRU: Joseph M. Sa irecto~ance
FROM: Lee R. Graham, Risk t-1anagerr /-
DATE: August 31, 1995
SUBJECT: Employee Assistance Program Contract Renewal
Human Affairs International (HAl), the City's Employee Assistance Program
(EAP) provider, has presented a renewal contract for the coming policy year
beginning October 1, 1995.
The contract has a modest cost of living rate increase of 4 lí2% over last
year I s rates. The per person monthly rate last year was $3.18, while the new
proposed rate is $3.32.
The City pays on a per capita basis. A monthly rate is charged based on the
number of full-time employees on the City's payroll, regardless of the number
who use the program's professional services. Counseling is available for
employees, their dependents ,_ retirees, and retirees' dependents without
further charge for the contracted services.
Basically, the EAP offers counseling for as many as eight sessions per
problem for each participant. Typical problems which are often the subject
of counseling sessions involve: marital or other family-related problems,
drug or alcohol, financial, or a number of other stress-causing problems.
More complex difficulties beyond the scope of EAP counseling are referred to
other mental health professionals within the Anthem Health Plan for more
intensive therapy. Other ancillary training is available as needed for
special needs as ordered by the City Administration (such as mass counseling
for a group in a crisis situation).
utilization of the EAP is currently projected at 4.2% of the employees. Such
utilization seems to be stabilizing in the 4% to 5% range, a percentage
thought to be reflective of mature EAP's such as this one of the City's.
The total monetary impact of the 4 1/2% price raise will be less than an
additional $100.00 per month. The premiums for a full year's contract is
currently approximately $25,800.00, while the rate increase will produce a
new yearly total of approximately $26,900.00.
* Printed on Recycled Paper THE EFFORT ALWAYS MATTERS f.p·/.
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David T. Harden, City Manger
August 31, 1995
Page 2
Please sign the two identical originals and return them to me for forwarding
to the company. HAl's president will then sign both and return one to the
City for our files.
LRG/bjw
Enclosure
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Martha Ann Rabon. LCSW
HjM4N ~ Accoullt Executive
3500 Piedmont Road. Suite 775
FIi4IRS ~ Atlanta. Georgia 30305
(404) 814-4772
1~
part of the Aefna Health Plans family
,
July 27, 1995
Mr. Lee R. Graham, CIC
Rick Management Director
City of Dclray Beach
JOO N.W. 1st Avenue
Dc1ray Beach, FL 33444
Dear Lce:
Enclosed is the EAP rencwal agreement betwecn Human Affairs International, Inc., and the City
of Delray Bcach for 1995-96. The agreed upon renewal rate is $3.32 per employee/per month
effective October 1, 1995.
Please have both copies of the agreement signed and returned to me. In turn, I will have a fully
executed copy returned to you for your records.
HAl is pleased to be continuing its relationship with the City of Delray Beach and looks forward
to another successful year of providing EAP services to your employees and their family
membcrs.
Sincerely,
?Jé~~X~
Martha Ann Rabon, LCSW
Account Executive
MAR/nn
Enc.
RE.(;E.\\lE.O
JU\, :\ \ ,g9S
R\S~ W\GM1.
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Deputy Director, Public Utilities ~G~
SUBJECT: W A TER TREATMENT PLANT CA TW ALK ADDITION (P.N. 93-028)
DATE: September II, 1995
Attached is an agenda request and bid tabulation for the subject construction project at the Water
Treatment Plant. The lowest responsive bidder for the work is Marine Engineering Contractors, Inc.,
with a total proposal of $137,600.
The scope of construction includes the extension of an upper level catwalk between the Filter
Building and the west sludge thickener unit, and between the east sludge thickener unit and the
adjacent solids contact basin. Upon completion, plant operations will become significantly more
efficient as a result of improved access.
Funding for this work is from account #441-5161-536-63.42, New Capital, Sludge Handling System
Improvements (budget transfer attached).
I am requesting that you place this item on the September 19, 1995, regular Commission meeting agenda
for their consideration.
RCH:cl
cc: William H, Greenwood
Victor Majtenyi
File: 93-028(D)
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Agenda Item NO.~;¿
AGENDA REQUEST
Date: 9/11/95
Request to be placed on:
xx. Regular Agenda
- Special Agenda
- Workshop Agenda When: 9/19/95
Description of item (who, what, where, how much): Staff requests Commission award of a
construction contract to Marine Engineering Contractors, Inc., in the amount of $137,600, for the
construction of catwalk additions for the Filter Building and sludge thickeners at the City's Water
Treatment Plant. Marine Engineering Contractors is the lowest responsive bidder for the project
which, when completed, will increase plant operational efficiency by improving facility access.
Funding is from account #441-5161-536-63.42, New Capital, Sludge Handling System Improvements
(budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of contract to Marine Engineering Contractors, Inc. in the
amount of $137,600. W(}Q
DEPARTMENT HEAD SIGNATURE: ~-IL-'Í5
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl~O Nt{jJ api~ ~. ut0l/
~ Funding alternatives
~ Account No. & Des i tion
.Account Balance t\~/V\~( i ~ l vnprv V .
City Manager Review: Approved for agenda6~o trl
Hold Until: .
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
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Ii:. ECKLER ENGINEERIN,ß<"c '·."~'i~¡
t] '/ ,; j J:"..¡..
95 S(? - ì 3 ~. '-~ I", CONSUL TlNG CIVIL ENGINEERS
September 7. 1995 -D
215J3 R -- '". '. . ',; c:. .
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Mr. Richard Hasko
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Fl 33444
Dear Mr. Hasko:
Reference: Recommendation of Award
Water Treatment Plant Walkway
City Project Number 93-028
City Bid Number 9S-57
The City of Delray Beach received, opened and read aloud bids Cor the Water Treatment Plant
Walkway project at 2:00 P.M. on Wednesday. August 30, 1995. Four (4) bids were received Cor this
project. A certified bid tabulation is attached to this letter Cor your review, The lowest bid was
submitted by Marine Engineering Contractors, Ine. of Lake Worth, Florida. Their bid was in the
amount of $137,600.00. This bid is approximately 5% lower than the Engineer's estimate of
$144,900.00.
We have reviewed the bid information submitted by Marine Engineering Contractors. Ine. which ,i>
included the Bid Form, Non-Collusive Affidavit, Sworn Statement Cor Public Entity Crimes, Drug-
Free Workplace Certification, Bid Bond and Power of Attorney. and the Bidder's inCormation and
questionnaire. All of this information appears to be romplete and aœeptable as submitted with the
Bid. We, therefore, recommend award of this ronstruction project to Marine EngineeØng
Contractors, Inc. of Lake Worth, Florida in the amount of $137,600.00.
....,
We look forward to the opportunity of working with the City of Delray Beach and Marine
Engineering Contractors, Ine. throughout the ronstruction phase of this walkway modification
project.
If you have any questions or require additional information pertaining to this recommendation of
award or the project in general, please do not hesitate to rontact our office.
Sincerely.
~A.~
Donald A. Eckler. P.E.
Encl.
215J3.(JOl
1311 MST SAMPI.E ROAD ~''''
CORAl. SPRINGS. Fl 330Ø PmIed on Recyc:IId P.,. FAX~I
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WATER TREATMENT PLANT WALKWAY MODIFICATIONS
PROJECT No. 93-028
BID TABULATIONS
Description Labor Materials Labor Materials Total
Item Amount
1 MobillzatlonlDemobillzatlon $8,000 $22,982
and General R ulrements
2 Restoration and Cleanup $2,500 $500 $3,000 $827 $1,994 $2,821
Section 02500
3 $5,800 $1,500 $7,300 $1,788 $3,093 $4,881
.. $35,200 $50,000 $85,200 $22,940 $73,058 $95,998
5 $800 $1,000 $1,800 $1,254 $664 $1,918
6 $5,000 $24.000 $29,000 $1,987 $18,344 $20,331
Item Description Labor Materials Labor Materials
1 MobilizatlonlDemobillzation $29,250 $14,245
and General R uirements .
2 Restoration and Cleanup $7,800 $1,950 $9,750 $1,800 $1,151 $2,951
Section 02500
3 Concrete (Section 03300) $21,450 $32,175 $53,625 $2,000 $2,131 $4,131
4 Fabricated Metal Work and $10,725 $42,900 $53,625 $53,122 $120.000 $173,122
Castln s Section 05500
5 Protective Coatings $2.437.50 $2,437.50 $4,875 $1,500 $1.746 $3,246
Section 09900
6 Handrails and Railings $19,500 $19,500 $39,000 $4,000 $8,086 $12,086
Section 05520
7 Aluminum Doors and Frames $2,437.50 $2,437.50 $4.875 $500 $1,112 $1,612
Section 08120
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Agenda I tern No.: ¡·p.3·
AGENDA REQUEST
Date: September 11. 1995
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: September 19, 1995
Description of agenda item (who, what, where, how much) : Bid Award -
Annual Contract for Hydrofluosilicic Acid. Bid #95-65.
Award to Allied Universal Corp. at an estimated annual cost of $14,250.
NOTE: This is a FY 95-96 budget item. Funds are to come from next year's budget, not
FY 94-95.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Allied Universal Corp. at an estimated annual cost
of $14,250. Funding from account #441-5122-536-52.21
,
pepart,ment Head Signature:
Determination of Consistency wi Plan:
City Attorney Review/ Recommendation (if applicable):
..
Budget Director Review (required on all items involving expenditure
of funds):
~
Funding available: YES NO
Funding alternative' ~ (if ~i~ . ,
Account No. & Des-ä~ti41'& -5172 -53b. ~2- 2-1 -. ICA l,S
Acco~nt Balance: ~ ~(4;O'D ~lM ý~'s, Ch,u11ACJt/j
City Manager Review: .
Approved for agenda: §/ NO {ïc \
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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M E M 0 R ^ N n II M
TO: David T. He¡¡¡., Manager'
THROUGH: Joseph Saffo nce Directol~
FROM: Jacklyn Rooney, Senior Buyer ~
DATE:
September 11, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 1995- BID AWARD - HYDROFLUOSI LICIC ACID
ANNUAL CONTRACT - BID #95-56
Item Before Commission:
The City Commission is requested to approve the award of the above
referenced subj ect to low bi dder, Allied Universal Corp, a tan est i ma ted
annual cost of $14,250.
Background:
The Water Treatment Plant has a need f () Y' an annual contract for this
chemical. The City of Delray Beach i~ tllP lead entity for this joint bid
with the City of West Palm Beach. Bids For this contract were received on
August 17, 1995, from four (4) vendors all in accordance with City I S
purch~sing procedures. (Bid #95-56 on file in the Purchasing Office.) A
tabulation of bids is attached for your rAview.
The Manager of Water Treatment Plant has reviewed the bids and recommends
award to Allied Universal Corp. A lower' bid was offered to both Cities
based on the requirement of a 4000 gallon minimum split shipment between
both plants. Per attached memo from W<'\ter Treatment Pl ant Manager, the
City of Delray Beach is unable to receiv(.> minimlJm loads of 4,000 gallons.
Recommendation:
Staff recommends award to Allied Universal Corp. at an estimated annual
cost of $14,250. Funding from account #111-5122-536-52.21.
Attachments:
Memo From Manager Water Treatment Plant
Tabulation Of Bids
Fax From LCI, Ltd.
cc: Don Haley, Manager of Water Treatment Plant
Richard Hasko, Deputy Dir. of Pub'lie Utilities
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MEMORANDUM
To: Jackie Rooney, Senior Buyer
From: Don Haley, Manager of Water Treatment Plant ~ .
SUBJECT: HYDROFLUOSILICIC ACID
Date: August 29, 1995
Due to the amount of fluoride used by the City of Delray Beach and the storage tank size,
we will not be able to receive llÚnimum loads of 4,000 gallons.
I recommend we go with the second highest bid by Allied Universal Corp. @ .95 per gallon.
Please process the necessary paperwork. The funding source will be from the 1995/96
budget, Account #441-5122-536-52.21.
DHldk
cc: William H. Greenwood, Dir. of Env. Services
File: hydro.doc
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TABLUATION OF BIDS
BID 1195-56
HYDROFLUOSILICIC ACID
'August 17,1995 ANNUAL CONTRACT
Lucier Chemical Jones Chemicals Harcros
Vendor Allied Universal Industries dba Inc. Chemicals Inc.
Corp. LCI. Ltd.
Unit Price Per .0565 I gal. *
Gallon For .5555 / gal. *
Hydrof1uosi1icic .95<;: .995 I gal. **
Add .5833 / gal. *** $1. 21 * $1.415 / gal. *
Additional Charges * City of West *Minimum Delivery
If Applicable Palm price for of 1,000 Gallons
4000 gal. min.
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Delivery Delivery in 3 Delivery 2 - 3 Delivery in 3 - 5 Delivery in 5
work calendar calendar days C:a}..endër3iays ·afte calendar days
days after receipt after receipt of receipt of order. after receipt
of order order. of order
Comments/ Will not,extend * City of West Will extend ,. same * $238.00 /ton
Exceptions pricing to other Palm Beach price pricing to other Will not extend
members of the for 4000 gal. min. members of the pricing to other
City of Delray Palm Beach Cnty. release or 4400 Palm Beach Cnty. members of the
Estimated Annual Co-op gal. min. release. Co-op Palm Beach Cnty
Usage - 15,000 Acknowledged (Note: vendor made Acknowledged Co-op
Gallons receipt of error - which was receipt of Acknowledged
stated after bid
City of West Palm Addendum If 1 opeing per attach- Addendum 111 receipt of
Beach Estimated ed fax from vendor) Addendum 1f1
Annual Usage - ** Price to City
27,000 Gallons of Delray Beach
at 1000 gallon
min. releases.
*** price for
split shipment
between both
cities at a 4000
gallon minimum.
release each City.
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08¡lï¡95 16: 45 'Õ'904 241 122U .JACKSON\·ILLE-FL
,- . - l4J UUl
LCI I~TD ~~
. ' NACD
THE FLUORIOE SPECIALISTS " . ~ W)e';1.o1I; ....
.'~ J)~~lb~OoA j!j
~~ Pn>œ.. J'7 .
~ .,.
(.I¡¡tlary' ~pcrN~i:f" ~l"lhluf)
August 17 I 1995
VIA Fax: (407) 243-7166
Ms. Jacklyn Rooney
Senior Buyer
City of Delray Beach
City Hall
100 NW First A venue
Delray Beach, FL 33444
Re: Bid #96-56
Dear Ms. Rooney:
While reviewing the above referenced bid, I noted a typographical error.on the
Schedule of Prices bid sheet, page 15.
The correct bid should read:
City of West Palm Beach - 27,000 gallons:
$O.5656/Gallon, 23% Acidity Basis, 4000 Gallon Minimum Releases OR
$O.5555/Gallon, 23% Acidity Basis, 4400 Gallon Minimum Releases.
Please let me know if you have any questions. Thank you for your assistance in this
matter.
;;~ ci ~
Marline L. Stough .f
Vice President
Bids and Contracts
Ibkj
Lucier Chemioallnduatrles P.O. Bax 49000 Jacksonville Beach, r-L 32240-9000 904·241-1200 ·on
FAX 904 - 241-1220 \!-,.;y
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Agenda Item No.: fop. ¥
AGENDA REQUEST
Date: September 12, 1995
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: Septermber lQ, lQ95
Description of agenda item (who, what, where, how much): Bid Award-
Purchase of various Photographic Supplies. Award to Photoline Supplies at an
estimated annual cost of $19,159.30 via City of Boca Raton Bid #95-071.
Funds are to come from next year's budget, not FY 94-95.
THIS IS A FY 95-96 Budget Item
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Photoline Supplies, at an estimated annual cost of
$19,159.30. Funding from various department's operating budgets.
~epart,ment Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if appl icable) :
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: ~NO
Funding alternatives, . ~~ I~WlmP~Ca!¡le)
Account No. & Des~tìjn' ~ I . VVIUS
Account Balance: J '0. . v: 1'\-t> )
City Manager Review:
Approved for agenda: ÉY NO (~~l ""-
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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M E M 0 RAN n IJ M
TO: David T. H~~Manager
THROUGH: Joseph Saf F' ce Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE: September 11, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 19, 1995 - BID AWARD
PHOTOGRAPHIC SUPPLIES - CITY or ROCA RATON BID #95-071
Item Before Commission:
The City Commission is requested to approve the award for the purchase of
various photographic supplies to Photol i ne Supplies, at an estimated
annual cost of $19,159.30, via the City of Boca Raton Bid #95-071.
Background:
The City of Boca Raton is the lead agency for this joint Bid with the City
of Del ray Beach. Bi ds were received on June 26, 1995, from four (4)
vendors, based on estimated quantities of this joint bid. A tabulation of
bids is attached for your review.
Photoline Supplies is the current vendor we are using from the last bid
awarded in 1993.
.1, '
On August 22, 1995, the Boca Raton Ci ty Council awarded this contract to
Photoline Supplies, per attached copy of thier consent agenda.
Recommendation:
Staff recommends award to Photo 1 i ne Supp 1 i es at an estimated annaul cost
of $19,159.30 for the City of Oelrav Beach. Funding from various
department's operating budget.
Attachments:
City of Delray Beach Estimated Annual lIsaqf'
Tabulation of Bids
City Of Boca Raton Consent Agenda Dated Auqust 22, 1995
cc: Department Heads
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CITY OF DELRAY BEACH ESTIMATED ANNUAL USAGE
Description Est. Quantity Unit Price Total Price
Kodak 100 GA 135-12 210 Rolls $ 1. 99 Roll $ 417.90
Kodak 100 GA 135-24 400 Rolls 2.60 Roll 1040.00
Kodak 100 GA 135-36 10 Rolls 2.99 Roll 29.90
Kodak 200 GB 135-12 23 Rolls 2.45 Roll 56.35
Kodak 200 GB 135-24 280 Rolls 3.10 Roll 868.00
Kodak 400 GC 135-12 10 Rolls 2.65 Roll 26.50
Kodak 400 GC 125-24 100 Rolls 3.25 Roll 325.00
Ektachrome 200 ED 135-24 8 Rolls 5.45 Roll 43.60
Polaroid 600 Plus Twin Pack 469 Twin Packs 18.95 Twin Pack 8887.55
Polaroid 667 Plus Twin Pack 150 Twin Packs 16.75 Twin Pack 2512.50
Polaroid 669 Plus Twin Pack 100 Twin Packs 19.20 Twin Pack 1920.00
Spectra System Film 160 Twin Packs 18.95 Twin Pack 3032.00
TOTAL $19,159.30
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Agenda I tern No. : £(l5
AGENDA REQUEST
Date: September 12, 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: September 19, 1995
Description of agenda item (who, what, where, how much): Request awarding
bus rental service contract (Bid #95-61) to Kevlex, Inc. d/b/a School Bus Service in
the amount of approximately $40.000 (Option 1 and Option 3) to be funded out of the
after school program, Rocks football program and day camp program accounts.
ORDINANCE/ RESOLUTION REQUIRED: YEe Draft Attached: YES/NO
Recommendation: Award contract to Kevlex, Inc.
Department Head Signature: ~
Determination of Consistency Comprehensive Plan:
City Attorney Review! Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
, Funding alternatives: (iMKlljt2.lt...1;l.jL..RA
~. Account No. & Descriot4ffi: ~1Q0-87"'.4-4-qBO.tr <;,tG
ttitjiBalance: 3G¡ slÁ-mY\\~Y"
City Jinage R~~reW: OOI-L\-IOS-6î2.44-qO l\ -IN ~\ g,~IttV\1
t9 ~ (?fd;o
Approved for agenda: E! NO I (
Hold Until: t{;\-,M1!--S7~. fJ5-~ ~I
Agenda Coordinator Review: [1 r t 4;rro VYr:;~/íìYt\
Received:
Action: Approved/Disapproved
'.
- ,~.4 - -
MEMORANDUM
TO: Joseph Safford, Director of Finance
THRU: Joe Weldon, Director ~
Parks and Recreation D t.
FROM: J. Dragon, Assistant Director
Parks and Recreation Dept.
DATE: September 12, 1995
SUBJECT: Bus Rental Service Bids
After review of the recently submitted bids for bus rental service for the After-School,
summer day camp, and Rocks football programs, I recommend that Kevlex, Inc. School
Bus Service of Lake Worth, Florida, be awarded the contract to run ITom October 1, 1995
until September 30, 1996. As shown on the attached tab sheet, Kevlex was the low bidder
of two bids submitted. I recommend approval of Option 1 for bus service for the after-
school program and Rocks football program, and Option 3 for the summer day camp
program.
Funding for the bus service will come ITom the After-School Program account, the Rocks
football program account, and the Day Camp Program account. Approximately $40,000.
has been identified in these accounts for bus service.
This contract will provide 2-3 buses during the school year for the after-school program, 3
buses for the Rocks football program ITom September thru November, and up to 6 buses
with drivers for eight weeks for the summer day camp program.
I respectfully request that this item be placed on the agenda for the City Commission
meeting of September 19, 1995.
J.
P
cc: David T. Harden, City Manager
Jackie Rooney, Senior Buyer
File
purch2.doc Bus service
¡.p.b
.
City of Delray ßeach
Tabulation of Bids
. Bid 1195-61
Bus Rental Service
Parks And Recreational Dept.
ßptember 01, 1995
\
Kevlex, Inc. DBA Quality Transport
Vendor Name: School Bus Service Services Inc.
Option 1. Bus Rental Only (Per Bus - City Will rovide Drivers & Gas) ...
After School Program: 1.00 per mile 2.00 per mile
Fo~tball Program: 1.00 per mile 2.00 per mile
Summer Program: 1.00 per mile
Insurance Monthly 150.00
Per Unit: ¡
Option 2. Bus Rental With Driver (Per Bus - City Will Provide Gas)
After School Program: 4.25 per mile
.,
Football Program: 1. 75 per mile
Summer Program: 3.20 per mile
Insúrance Monthly 150.00
Per Unit:
Option 3. Bus Rental Fee Montly Per Bus
Includes Driver, Oil, Gas, Insurance and Repairs:
After School Program: 1,700.00 per month *
I
Football Program: 1,700.00 per month *
Summer Program: 2,950.00 per month * $250.00 p/bus p/day
Comments/Exceptions: After School Program *
Buses travel up to
250 miles per month,
additional mires will
be $1.35 per mile
Drivers work 2:00 PM
through 7:00 PM, addi-
tional time $10.00
pr hr.
Football Program - *
1,100 miles - addition
al at $1.35 per mile
Drivers work 2:00 PM
through 12:00 PM, addi
time $10.00 per hr.
Summer Program - *
Buses travel up to
750 miles per month, ¡
additional miles !
$1.35 per mile
Drivers 9:00 AM - 4:00
PM - Additional $10.00
pr hr.
ABOVE FOR OPTION #3
.
Agenda Item No.: g'P'b
AGENDA REQUEST
Date: September 12, 1995
Request to be placed on: '
X Regular Agenda Special Agenda Workshop Agenda
When: September 19, 1995
Description of agenda item (who, what, where, how much): Bid Award -
Bid #95-37 - Co-op Bid - Road Construction Materials - Annual Contract. Award to
various vendors åt an estimated annual cost of $82.752.25 for City of Delrav Beach.
THIS IS A FY 95-96 Budget Item. Funds are to come from next years budget.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to various vendors at an estimated annual cost of
$82,752.25. Funding from various departments (Streets Division, Construction Division)
Operating Budgets. ,
(
~epart,~ent Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if appl icable) :
..
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: ~/ NO
Funding alternative~: (if~
~Account No. & Description: S?:>- XX ~ALS U P t2f£(S
Account Balance: ~ ~O LL to be. ~t\A-ltt V)u P\ 'J\SICN)
City Manager Review:
~~N1~RÌ)1'¡J.~~
Approved for agenda: / N~'tRf1·ýLS. ·
Hold Until:
Agenda Coordinator RevieVl:
Received:
Action: Approved/Disapproved
.
M E M 0 R ^ N () U M
TO: Manager
THROUGH: Joseph Saf e Di rec hw
FROM: Jacklyn Rooney, enior Buyer c¡z
'-'-
DATE: September 12, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 19, 1995 - BID AWARD ,.. BID #95-37
CO-OP BID - ROAD CONSTRUCTION MATERIALS
ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to awat'd multiple annual contracts for
Road Construction Materials to firms lis \'en he low, at an estimated annual
cost of $82,752.25.
Backc¡round:
The City of Delray Beach is the lead organization for this Co-op Bid.
Nine (9) firms submitted bids on May 18, 1995, based on estimated annual
quantities from seven (7) governmental entities. (Bid #95-37 on file in
the Purchasing Office.) A tabulation of hids is attached for your review.
Pi ck-Up Pri ces:
To obtain a more accurate cost for picking up road construction materials
with City trucks, total cost concepts were placed in the Co-op
specifi cat ions (this cost includes f~qlti pment, labor, and gasoline).
Awards are to be made individually by each participating entity based on
an average cost of $1.67 per mile that each entity adds to the truck load
price. Each entity clocks the round trip di stance from their respective
facility to each vendor's pick-up site,
In addition to the unit price of the matprial. now the costs involved in
picking up the material are also considpred in determi n i ng the true low
cost to each entity.
Attached for your revi ew is a revised tabulation sheet showi ng Del ray IS
cost per truck load for each vendor', Recommendations are bei ng made to
vendors with the low truckload cost.
~'P'b
.
'.
The recommended vendors for the City of Delray Beach are as follows (see
attached breakdown for the the City of Oelray quantities):
Vendor: Est. Dollar Amount:
_.~_.._. .. .._-------
Ready Road Repair $ 4,225.00
East Cost Asphalt 15,770.00
Hardrives of Delray 12,800.00
Community Asphalt J5,325.00
Cabrera & Rego 1,900.00
Austin Tupler 5,166.25
Rinker Materials 2.600.00
L.B. Trucking n , 666. 00
---.--
TOTAL $ 82,752.25
The Deputy Director of Construction Division, and Superintendent Of
Streets Division have reviewed the bid" and recommend awards as stated
above.
Recommendations:
Staff recommends awards to vendor's as olltlined above. Funding from the
department's operating expense budgets.
Attachments:
Tabulation Of Bids (Co-op)
Tabul~tion Of Bids (Cost Analysis) For Delray Beach
Memo To Co-op Members Dated May 19, 1995
Breakdown Of Quantities For Delray Beach
Memo From Deputy Director Of Construction Oivision
cc: Richard Corwin, Deputy Director of Public Works
Robert Barcinski, Asst. City Manager
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[IT' DF DELIA' BEA[H
DELRAY BEACH
, l () . II AI
Þ.ed 100 N.W, 1 st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407(243-7000
All-America City
, III I! ~1rlV ] 9, 1995
1993
Members Of The Palm Beach
County Coopera t i ve Purchrl sing [nunc il
RE: Bid #95-37
Co-op Bid "Road Construct.inll Mrlterials"
Dear Members;
As the City of Del ray Beach is lead entity for this Co-op Bid, attached
you wi 11 find the "Tabulation of Bids" sheets and copies of all original
bids received in Purchasing M~y 18, 1995,
The schedule of pricing for Pick-up Py'ices wi 11 be awarded individually
per each participating entity based on the pick-up cost of $1.67 per mile
that each entity wi 11 add to unit price for round trip travel miles from
their respective garage to t.hr> vendor(s) site. ( No te : page 7, section I of
bid specifications.)
The schedule of pricing for Delivered Price wi 11 also be awarded
individually per each participating entity. Entities requesting Delivered
Prices were: City of Boynton Beach, City of Oelray Beach, Town of Palm
Beach, and Solid Waste Authority.
If you have any questions, you may reach me at (407) 243-7163.
Sincerely,
~~
Jack lyn Rooney
Senior Buyer
Attachments
cc: Town of Palm Beach
City of Boca Raton
City of Boynton Beach
City of Lake Worth
City of Riviera Beach
Solid Waste Authority of Prtlm Beach Cnty,
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
CITY OF DELRAY BEACH
REQUIREMENTS
I. PICK UP MATERIAL
GROUP A:
ITEM # Estimated Annual Low Bid Unit Cost Extended Cost
Usa2e Vendor
1. Type S-l Asphalt 250 tons East Coast $26.45 $6,612.50
2. Type II Asphalt 100 tons East Coast $25.45 $2,545.00
3. Type ill Asphalt 250 tons East Coast $26.45 $6,612.50
5. Cold Patch Asphalt 150 tons Hardrivcs $34.00 ton $5,100.00
6. RC #70 Tack Oil 500 gal. "No Bids Received ------
7. Permanent Cold 65 tons Ready Road $65.00 ton $4,225.00
Patch Repair*
GROUP B:
ITEM # Estimated Annual Low Bid Unit Cost Extended Cost
Usa2e Vendor
1. Crushed Course 650 tons Hardrives $10.00 ton $6,500.00
Limcrock
2. Pit Run Shell Rock 400 yards Cabrera & Rego $3.75 ton $1,500.00
4. Drainfield Rock 100 tons Hardrives $12.00 ton $1,200.00
5. Best Mason Sand 25 tons Rinker $12.00 ton $300.00
7. Precast Car Bumper 200 each Rinker $11.50 ea $2,300.00
With Pins
.
. .
n. DELIVERED MATERIALS
GROUP A:
ITEM # Estimated Annual Low Bid Unit Cost Extended Cost
Usa\?:c Vendor
1. Type S-1 Asphal t 250 tons Community $30.65 ton $7,662.50
Asphalt
3. Type III Asphalt 250 tons Community $30.65 ton $7,662.50
Asphalt
GROUP B:
1. Crushed Course 1350 tons L.B. Trucking $6.86 ton $9,261.00
Limerock
2. Pit Run Shellrock 600 cu yd Tupler $8.80 cu. yd $5,280.00
4. Drainfield Rock 400 tons Cabrera & Rego $8,50 ton $3,400.00
5. Best Mason Sand 25 tons Tupler $7.45 ton $186.25
8. Crushed Recycled 1500 cu yd L.B Trucking $8.27 cu. yd $12,405.00
Concrete
TOTAL ESTIMATED ANNUAL COST FOR CITY $82,752.25
.
·,
ENVIRONMENTAL SERVICES DEPARTMENT
:MEMORANDUM
TO: Jacldyn Rooney, Senior Buyer
FROM: Howard Wight, Deputy Director of Construction Di~
DATE: August 24, 1995
SUBJECT: CO-OP BID ROAD CONSTRUCTION MATERIALS BID #95-37
Attached for your review is the recommendation of award for the above referenced bid,
and total estimated annual cost for Delray as compiled by Scott Solomon and myself.
Recommendations for award are as follows:
Streets Division/Construction Division
Ready Road Repair $ 4,225.00
East Coast Asphalt $15,770.00
Hardrives of Del ray $12,800.00
Community Asphalt $15,325.00
Cabrera & Rego $ 4,900.00
Austin Tupler $ 5,466.25
Rinker Materials $ 2,600.00
L.B. Trucking $2 1.666.00
Total $82,752.25
If you agree wi h the recommendation please proceed with Commission agenda request.
Howard Wight, Deputy Director of Construction (Date) id7f
I
~~rfd~ - ~ ~k'-
sèott Solomon, Superintendent Streets/Tra lC (Date)
Attachments:
Cost Analysis For City Of Del ray Beach
City Of Del ray Beach Requirements
cc: Richard Corwin
Robert Barcinski
.
, " .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # g?f. - MEETING OF SEPTEMBER 19. 1995
GOVERNMENTAL UNIT AGREEMENT/CHILDREN'S SERVICES COUNCIL
OF PALM BEACH COUNTY
DATE: SEPTEMBER 15, 1995
This is before the Commission to approve an agreement between the
City Parks and Recreation Department and the Children's Services
Council of Palm Beach County, to provide structured recreational,
leisure, cultural, and educational after-school activities to
300 elementary age children who live in Delray Beach.
The program sites are The Community Center, Carver Community
Middle School, and Pompey Park. Under this agreement the City is
solely responsible for the operation and management of the
programs, and the Council is not involved in any way in its
management.
The Council will reimburse to the City sums up to $98,303 for
provision of City services. The City agrees to all audit and
record keeping requirements of the Council and of the General
Accounting Office.
Recommend approval of the agreement between the City Parks and
Recreation Department and the Children's Services Council of Palm
Beach County for the out-of-school youth recreation and enrich-
ment program.
moow +0 q . r+1+. bLf De., PlpE.ein -
C onC £p Juafl fe-o blfm w}fh£. Co n reAC.::r" . . .
CAnn6r 5uppo~'- on pe..t'ncl·plr¿ ~
/ YR, {!.orrr;eHør wI Rel7~1H.-- opT70ns
(3 4K. Commt"+m&JcI) 0/ .jI,é. /,,e0'1ß1}n1 -
If. no p,eoblE.rns {¡..J1#'et~ euH'/~on
tþ/o~- ~ ~ aSi LJ~ .Lux£
,&I Ci (!ft(fl (VlQ..f/J jJ,(V-n;s;r - /lor 8Jð':fh ./¡'m..£ ~
/10 ~ EL!O /Jt) ~
;:: -k GLCoflc/- u.Jlsllp. ~ ~ ~~£ I S /
1; d~~
VJv ðÝ1 ~
if
.
11.... " . _
. , .
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 1
t AGREEMENT
THIS AGREEMENT, entered into as of this 1st day of
October, 1995, by and between the Children's Services
Council of Palm Beach County, a political subdivision of
the state of Florida (hereinafter referred to as
"Council") and city of Delray Beach Parks , Recreation
Department (hereinafter referred to as "Provider"), for
the period from October 1, 1995, ("Effective Date"), to
September 30, 1996. The Council, at its option, may
extend the term of this Agreement for two additional
one-year periods without reviewing the program hereunder
funded as part of a competitive RFP process. The renewal
options set forth in this paragraph, however, does not
guarantee the Provider that the Council will exercise its
renewal options hereunder. Renewal will be determined by
the Council, in its sole discretion; this determination
will be based in part upon review of the program
evaluation and fiscal monitoring of the program.
WIT N E SSE T H . In consideration of the mutual
.
agreements hereafter contained, the parties, intending to
be legally bound, hereby agree as follows:
THIS AGREEMENT has been entered into pursuant to the
Council's 1995-96 Application/RFP process and Provider's
response thereto and any addendums accepted by the
Council. Those portions of Exhibits A, B, C and D
~ contained herein that differ from the original proposal or
application shall be deemed to be addendums thereto and
shall control over any inconsistent provision of the
original proposal.
1. The Council agrees to reimburse to the Provider sums
up to $98,303 for provision of services described in
the attached composite Exhibit "A" (consisting of the
Program Evaluation Model and the Program
Organizational Chart) attached hereto and made a part
hereof; composite Exhibit "B" (consisting of the CSC
Budget Forms A and B submitted by Provider) attached
hereto and made a part hereof; and Exhibit C
(consisting of the Program Data Form) attached hereto
and made a part hereof. It is expressly understood
and agreed, by and between the parties, that the
services to be rendered hereunder by the Provider
shall be provided in compliance with all terms and
conditions set forth in Exhibit "A", "B", and "c" and
with the Conditions of Award attached hereto and made
a part hereof as Exhibit "0", as well as the terms and
conditions of this document.
2. The Provider agrees to comply with all applicable
federal, state and local laws.
3 . The Provider agrees to comply with the following
requirements:
{ a. To maintain books, records and documents in
I 04GOVB2. DOC
Sep 12, 1995 12:12 pm
.
ì
- . . ,
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 2
( accordance with normally accepted accounting
procedures and practices, which sufficiently and
properly reflect all expenditures of funds
provided by the council under the Agreement.
b. To assure that these records shall be available,
upon reasonable notice, to inspection, review or
audit by the Council and personnel duly authorized
by the Council to make such inspection, review or
audit.
c. To submit, upon completion of the period of this
Agreement, a GAO Standard Financial and Compliance
Audit ("the AUdit"), complete with management
letter, within 120 days of the Provider's fiscal
year end. In the event that Provider's fiscal
year end occurs prior to the completion of the
term of this Agreement, Provider will supply the
audit and accompanying management letter for each
of the Provider's fiscal years occurring during
the term of this Agreement, each such audit and
management letter to be provided within 120 days
of the Provider's fiscal year end.
d. To maintain and file with the Council such
progress, fiscal, inventory, and other reports as
the Council may require during the terms of the
Agreement.
I To include these aforementioned audit and
e.
recordkeeping requirements in all approved
subcontracts and assignments.
f. ' To acknowledge, to the extent feasible and
appropriate, Council funding of the program
identified in Exhibit "A" in publications,
bulletins, public relations activity, and
stationery of Provider.
4. The Provider agrees:
a. To retain all financial records, supporting
documents, statistical records and any other
documents pertinent to this Agreement for a period
of five (5) years following termination of this
Agreement or, if an audit has been initiated and
audit findings have not been resolved at the end
of the five year period, the records shall be
retained until resolution of all audit findings.
Provider further agrees that all records, papers,
letters, or other documents made or received in
conjunction with this Agreement and the provision
of services hereunder shall be subject to public
access pursuant to the provisions of Chapter 119,
Florida statutes. The provisions of this
paragraph shall survive termination of this
( Agreement.
I04GOVB2.DOC
Sep 12, 1995 12:12 pm
. .' .. .
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 3
(b. Persons duly authorized by the Council shall have
_ full access to and the right to examine any of
said materials during said period.
c. To permit access by persons duly authorized by the
Council, upon reasonable notice, to the program(s)
funded by the Council hereunder for purposes of
monitoring said program(s).
d. To report to the Council during the term of this
Agreement any threatened or pending litigation
brought against the Provider, including a
description of the nature of the claims involved,
and, upon request, to furnish information
regarding the status of such litigation and copies
of pleading filed therein.
e. To accurately report to the Council, in a format
deemed acceptable by the Council, all revenues
received by or for the program funded pursuant to
this Agreement, regardless of source. Revenues
include, but are not limited to, Medicaid or
insurance reimbursement, donations, grants, and
program income; i.e., fees paid for services. In
the event the Provider fails to properly report
all program revenues and the Council subsequently
learns that such income was not properly
disclosed, the Council reserves the right to
reduce the amount to be paid to the Provider by
( the Council by the amount not disclosed (or, if
payment has already been made, to recover said
amount), or to terminate this Agreement.
f. That those capital items which are to be acquired
by the Provider and reimbursed by the -Council,
shall be subject to the requirements (i) that said
items may not be mortgaged, pledged, or
hypothecated without the prior written approval of
the Council; (ii) that upon termination or earlier
cancellation of this A9reement at the Council's
request, unless there 1S specific notification
that this requirement is waived by the Council,
the said item(s) shall be (a) returned (with title
being transferred) to the Councilor the Council's
designee, or (b) reimbursed to CSC at book value
(determined by CSC); (iii) that said item(s) shall
be maintained in operable condition; and (iv) that
said item(s) will be insured in case of loss or
theft.
5. Provider agrees that, as between the parties to this
Agreement, it is solely responsible for operation and
management of the program(s) funded hereunder and that
the Council has not and will not be involved in any
way in such operation and management. To the extent
permitted by law, the Provider agrees to indemnify and
(hold harmless the Council from liability on account of
any injuries, damages, omissions, commissions,
I04GOV82.DOC
Sep 12, 1995 12;12 pm
.
, . " ,
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 4
( actions, causes of actions, claims, suits, judgments
and damages accruing, including court costs and
attorneys' fees, as a result of services performed or
not performed, or any negligent act by the Provider or
arising from funding granted or not granted by the
Councilor any action arising out of the operation of
this Agreement.
6. This contract may not be assigned or subcontracted to
any other party by the Provider without the prior
written approval of the Council.
7. The Provider shall be responsible for providing
general liability insurance coverage at a level deemed
adequate by the council, and whatever other insurance
coverages are deemed reasonably necessar¥ by the
Council, which insurance shall be maintalned at all
times during the existence of the A~reernent and shall
name the Council as an "additional lnsured"
thereunder. Upon execution of this Agreement, the
Provider shall furnish the Council with written
verification of the existence of such insurance
coverage. In the event that the Provider transports
children in connection with the program (or any
portion thereof) funded by the Council, the Provider
shall have general automobile insurance.
( 8. The Provider shall not use or disclose any information
concerning a client under the Agreement for any
purpose not in conformity with federal and state laws
and regulations except on written consent of the
client, or his responsible parent or guardian when
authorized by law.
a. The Provider agrees to establish and maintain
procedures and controls acceptable to the Council
for safeguarding records, so that no information
contained in the Provider's records, or obtained
from others carrying out the terms of the
Agreement, shall be used by or disclosed by the
Provider, its agents, officers or employees
except as provided by law.
b. It shall be the responsibility of the Provider to
take all reasonable steps necessary to implement
promptly such procedures and controls in order to
protect the privacy of a client receiving
services hereunder and in order to assure the
maintenance of confidentiality of any medical or
other information pertaining to any such client.
9. The Provider shall submit to the Council management
and program data, including client identifiable data
as deemed essential by the Council.
( 10. The Provider shall furnish the Council with reports
of the effectiveness of the program and include
104GOVB2.DOC
Sep 12, 1995 12:12 pm
. , . .
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 5
( statistics and data on the number of persons served
and such other reports and information as the Council
may require. Said reports shall be made as requested
from the Effective Date of this Agreement and 1n a
format provided by the Council.
1l. The Provider is performin9 the services and duties
required hereunder as an 1ndependent contractor and
not as an employee, agent, partner of, or joint
venturer with the Council. The Provider shall assume
sole and exclusive responsibility for the payment of
wages to all employees for services performed by them
under this Agreement. The Provider shall, with
respect to said employees, be responsible for
withholding federal income taxes, paying federal
social security taxes, maintaining unemployment
insurance and maintaining worker's compensation
coverage in amounts required by applicable federal
and state law.
12. The services provided by the Provider hereunder are
provided on a non-exclusive basis, and the Council
specifically reserves the right to contract with
others for similar services. This Agreement shall
give no rights to any person or entity who is not a
party hereto.
13. Payments for services rendered pursuant to this
( Agreement shall be made to the Provider monthly on a
reimbursement basis. Provider shall submit an
invoice to the council by the loth day of each month
following the month in which the services were
provided. The invoice will include documentation
reflecting all expenditures made by the Provider
under this Agreement, in whatever form reasonably
required by Council. Subject to the availability of
funds, the Council will provide reimbursement to the
Provider within 45 days after receipt of the invoice.
Provider shall submit a final invoice to the Council
no later than October 31, 1996 (with appropriate
documentation). The Council will not reimburse
Provider for any expenditures made by Provider under
this Agreement that are submitted after October 31,
1996.
14. The Provider agrees to return to the Council any
overpayments made through inadvert¿nce or
miscalculation or because payment is disallowed as
not having been properly earned under this A9reement.
Such funds shall be refunded in full by Prov1der to
the Council as follows:
a. Within twenty (20) days from the date of written
notification by the Council to the Provider of
overpayment or disallowance; or
( b. Within thirty (30) days following the end of this
Agreement.
I04GOVB2.DOC
Sep 12, 1995 12:12 pm
.
. . . .'
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 6
( c. The Council shall have the right to deduct from
any subsequent payment request submitted by the
Provider, the amount of any overpayments or
disallowed funds.
15. The Council may, for reasonable cause, suspend the
payment of funds pending corrective action by the
Provider or pending a decision by the Council to
terminate this Agreement. The Council may, for
reasonable cause, prohibit the Provider from
incurring additional obligation of any funds received
from the Council, pending corrective action by the
Provider or a decision to terminate this A~reement.
Said suspension of payment of funds or ob11gation
thereof may apply to all or part of the Provider's
operations.
16. In the event funds to finance this Agreement become
unavailable to the council, the Council may terminate
this Agreement upon no less than five (5) days
written notice to the Provider. The Council shall be
the final authority as to the availability of funds.
17. The Council may terminate this Agreement for any
breach by the Provider. If the Council intends to
terminate this Agreement, notice shall be provided in
writing to the Provider no less than twenty-four (24)
( hours prior to the effective date of the termination.
The Council's failure to terminate or suspend a
Provider for past breaches of this Agreement shall
not be construed as a waiver of its right to demand
strict compliance with the terms of the Agreement or
to terminate for said breaches or similar breaches,
and shall not be construed to be a modification of
the terms of the Agreement. The Provider may
terminate this contract with or without cause
provided that Provider shall give sixty (60) days
notice in writing to Council. The Council shall
reimburse the Provider for all monies expended up to
and including the effective date of the termination.
18. Notices: All notices required hereunder shall be in
writing and shall be addressed to the following
representative of the part parties:
For the Council:
. Gaetana D. Ebbole, Executive Director
Children's Services Council of Palm Beach County
3111 South Dixie Highway, suite 243
West Palm Beach, FL 33405
(
I04GOVB2,DOC
Sep 12,1995 12:12 pm
. '
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
( Page 7
For the Provider:
Joseph Weldon, Director of Parks & Recreation
City of Delray Beach Parks & Recreation Department
Out-of-School Youth Recreation/Enrichment
50 NW 1st Avenue
Delray Beach, FL 33444
19. CSC may assess a penalty amounting to the lesser of
one percent of the current month's CSC request for
reimbursement or $100 for each month that a program
is out of compliance with the timely submission of
fiscal and programmatic data as required by sections
3c, 9, 10, and 13 of this Agreement. This penalty
may also apply if the program does not provide CSC
with current copies of the following documents:
A. certificates of Insurance
B. Licenses to Operate Agency/Program
C. Sales Tax Exemption certificate
D. other items identified in the Conditions of
Award
20. Notwithstanding anything herein to the contrary, the
parties agree that the dollar amount set forth in
paragraph 1 above may be reduced in the event that
the Council determines that the Provider will not
spend the entire amount allocated by September 30th
fiscal year end. The determination may be made (a)
during the course of reviewing a budget revision
submitted by the Provider pursuant to the Council's
procedures or (b) based upon the Council's monitoring
of Provider's program and its expenditure history.
Before any such reduction becomes final, the Provider
will be notified in writing of the proposed action
and shall have the opportunity to address the
Council's Board regarding the proposed reduction.
The decision of the Council's Board on this issue
shall be final.
21- This Agreement, which includes the attached Exhibits
A, B, C & D, contains all the terms and conditions
agreed upon by the parties. No other agreements,
oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind
any of the parties hereto. with the possible
exception of an adjustment pursuant to paragraph 19
above, this Agreement shall not be modified unless in
writing and signed by both parties hereto.
"
.~
104GOVB2,DOC
Sep 12, 1995 12:12 pm
.
I
, . ' .,
Contract No. 95-104
1995-96 GOVERNMENTAL UNIT AGREEMENT
Page 8
( IN WITNESS THEREOF, the parties have caused this
Agreement to be executed by their undersigned duly
authorized officers.
City of Delray Beach Parks , Recreation Department
Out-of-School Youth Recreation/Enrichment
By: Date:
Print Name
Print Title
Children's Services Council of Palm Beach County
By: Date:
i Gaetana D. Ebbole
1 Executive Director
'.
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas A. Sheehan, III
Attorney for Children's Services Council
of Palm Beach County
(
.~
1 04GOVB2 ,DOC
Sep 12, 1995 12:12 pm
"
.'
(
EXHIBIT A
1. Program Evaluation Model
2. Program Organizational Chart
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EXHIBIT B
1. CSC Budget Form A
2. CSC Budget Form B
t
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Agency: DELRAY BEACH PARKS AND RECREATION DEPT. Date Submitted: August 8, 1995
( Program: After-School Program Page 1 Of 2
CSC BUDGET FORM B: TOTAL PROGRAM BUDGET SUMMARY
Funding Period 10/01195 to 09/30/96
PART'.
W~~::::::~y,;
. i.~~" ....
~,:.I
Personnel
Salaries 161,972
Fringe Benefits 26.260
II. Travel 0
III. Building Space 0
IV. Communications!
Utilities 200 200
V. Printing/Supplies 2,725 4,725
VI. Food 0 0
VII. Indirect Costs 0 0
VIII. Other Costs 10,516 18,876
IX. E ul ment 0
t x. Revenues
A. CSC 98,303 98,303
B. Contributions
1. Cash
2. In-Kind
C. Program Fees 2,800 - 2,800
D. Palm Bch County
G. Other
TOTAL PROGRAM 10 103
REVENUES
.
(
.
Agency: Delray Beach Parks and Recreation Dept. Date Submitted: August 8. 1995
( Program: After-School Program Page 2 of 2
CSCBUDGETFORMB:TOTALPROG~BUDGETS~Y
Funding Period 10/01/95 to 09/30196
PART IT:
A. COST PER CLIENT
1. Total number of Primary Clients I 325 I
2. Total Program Expenses as shown in Part 1, Column 6 I $ 212.033 I
3. Cost per Primary Client(line 2 divided by line 1) 1$ 652.41 I
OR
1. Total Number of Outreach dients 1 1
2. Total Program Expenses as sdown in Part 1, Column 6 1$ I
3. Cost per Outreach dient(line 2 divided by line 1) 1$ I
PART m. No matching funds used.
MATCHING FUNDS -Indicate below the amount used from each local source as
matching funds, the grant amount and grant title.
- . . -
1. Children's Services Council
2. United Way
3. Jewish Federation
4. Other(e.g.. Community Foundation,
( Education Foundation, Archdiocese.
etc.
/5.
(
EXHIBIT C
1. Program Form C
I
,
.
I
1995-96 BASE PROGRAM APPLICATION DATA FORM
PROGRAM FORM C
( PROGRAM: After-School Program
AGENCY: Delra Beach Parks and Recreation De t
Primary outreach
HOW MANY CHILDREN WILL BE SERVED 10/1 /95 TO 9/30/96? 325 0
HOW MANY ADULTS WILL BE SERVED 1011/95 TO 9/30/96? 0 0
HOW MANY CLIENTS WILL BE SERVED 10/1/95 TO 9/30/96? 325 0
ADD NUMBER OF ADULTS + NUMBER OF CHILDREN
WHAT ARE THE AGES OF THE WHAT GEOGRAPHIC AREA(S) IN PALM
CLIENTS YOU WILL SERVE? BEACH COUNTY WILL YOU SERVE?
BIRTH-2 North
3-5 school-age Central
6-9 x South x
10-13 x West
14-18 East x
19+ All of the Above
All of the above
( HOW MANY EMPLOYEES WILL YOUR PROGRAM HA VB? For CSC Use Only:
Full time 1
Part time 21
HOW MANY EMPLOYEES WILL BE FUNDED BY CSC?
Full time 1
Part time 9
~----,.
PROGRAM
CSC FUNDS $159,505 $98,303
TOTAL PROGRAM BUDGET $251,630 $212,033
CSC % OF PROGRAM BUDGET 63.39% 46.36%
"¡?m/¡?HtmmmmWf:¡:/m?ff¡:¡¡¡'AøaWøw·.,·.::'¡:¡"'¡:¡·:'"::·¡¡'::::¡'¡¡':':':::·:':f¡/'¡:
TOTAL AGENCY BUDGET $5,400,000
PROGRAM % OF AGENCY BUDGE 3.93%
TOTAL CSC ~ OF AGENCY BUDGET
:?f¡{¡{¡/m:{{m:¡?;m:{m:¡¡@.$.1M~E~:øa~:ff:::m::ff:¡ ¡'¡m{:¡::¡:m::::¡::¡:{::,¡m:m:::{¡1t¡:¡'fff tttt::::::'::mI:1m::;::1:f11I{::m:m?1m:Mlf?IiPm:m:m':::l':l:m::fftmm:m':¡f::¡::::tm::ttm:::'¡::f':??:m:,,'
COST PER CLIENT PER YEAR
ased on total or total outreac $592.07 $652.41 $60.34 10.19%
( CSCFRMD
.
(
EXHIBIT D
1. Conditions of Award
(
(
.
CONTRACT 95-104
PROGRAM: Out-of-School Youth Recreation/Enrichment
( AGENCY: City of Delray Beach Parks , Recreation Dept.
CONDITIONS OF AWARD
I. PROGRAMMAT:IC
A. :Issues or information to be furnished or resolved within
sixty (60) days of execution of contract:
1- Completion of program evaluation forms/test instruments.
B. Conditions to be observed throughout contract:
1- Provider agrees to obtain CSC approval for any proposed
changes in the program prior to implementation.
2. Provider agrees to submit copies of all personnel or
service provision subcontracts, contracts and/or
agreements related to the operation of this program.
3. Provider agrees to maintain a current copy of the
following on file with CSC:
· Personnel policies and Procedures
( · Job descriptions of all CSC funded
staff positions
· Certificates of insurance (liability, and
theft and/or auto if capital equipment or
vehicle was purchased with CSC funds)
· License(s) to operate agency/program,
if applicable
· Sales Tax Exemption Certificate, if applicable
· Service site(s) Fire Inspection
Certificate(s), if applicable
· Service site(s) Health Inspection
Certificate(s) , if applicable
(
F:QA_DATA\95-96COA\NEW,I04 Aug 23.1995 10:148111
P8g~ I
.
CONTRACT 95-104
PROGRAM: Out-of-School Youth Recreation/Enrichment
( AGENCY: City of Delray Beach Parks , Recreation Dept.
4. cse dollars will be used to serve elementary school
students only.
II. FISCAL
A. Issues or information to be furnished or resolved within
sixty (60) days of execution of contract:
N/A
B. Conditions to be observed throuqhout contract:
1. Provider agrees to obtain written approval from cse for
any proposed changes in the cse program budget prior to
implementation.
2. The fiscal administration of this Agreement will be
pursuant to the ese Fiscal Guidelines.
3 . Provider agrees to implement a "zero based" (i.e., some
families may pay nothing) sliding fee scale in a format
approved by ese.
For governmental agency contracts only:
(, In executing this Agreement, Provider represents and
warrants that the Council funds to be expended hereunder
to support the budgeted job positions do not replace or
supplant funds previously supplied by Provider for such
positions.
(
F:QA_DATA\9S-96COA\NEW.104 Aug 23.1995 10:14 am
Pag~ 2
.
.
M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA I TEM it c¡. A . - MEETING OF SEPTEMBER 19. 1995
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION
FOR KOKOMO KEY
DATE: SEPTEMBER 14, 1995
At the September 5th meeting, the City Commission appealed the Site
Plan Revißw and Appearance Board's approval of the plans and
elevations, including several internal adjustments, for Kokomo Key,
a proposed 133 unit townhouse development to be located on the
former Marina Cay site on North Federal Highway.
SPRAB's action on August 23, 1995, included approval, with
conditions, of the site plan, landscape plan and architectural
elevations, together with the following internal adjustments:
** reducing the required 25' building setback along the internal
access road tract (5 to 0 vote);
** eliminating the required 4' offset for the buildings (4 to 1
vote) ;
** reducing the building separation requirements (5 to 0 vote);
* * allowing back-out parking onto the central portion of the
access road (5 to 0); and
* * allowing a total of 9 attached units instead of 8 units as
allowed by code (5 to 0).
After further review of this item and discussions with the
developer's representatives, I still have a concern with
eliminating the required 4 ft. front offset for the buildings. In
my opinion, SPRAB has erred in approving elimination of the
required offset. I think this separation in at least some of the
units is needed. I am concerned about how the project will look in
ten years. Although not ideal, I think the issue of backout
parking is a minor one and no longer feel that the nine (9) units
is an issue due to the overall mix.
Recommend consideration of the appeal of the Site Plan Review and
Appearance Board's decision concerning Kokomo Key.
vYI øb;m !d ú.p/J«d'.- cS fJb;ð
ref: agmemo17 -5 -0
.
'.
( /;/
(If)
C I TV COMMISSION DOCUMENTATION
TO: DA ID T. HARDEN, CITY MANAGER
THRU: TOR
G AND ZONING
FROM: A. COSTEllO
PLANNER
SUBJECT: MEETING OF SEPTEMBER 19,1995
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD'S APPROVAL OF A SITE PLAN AND ASSOCIATED
BUILDING ELEVATIONS FOR KOKOMO KEY (FORMER
MARINA CAY SITE).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of consideration of an
appeal of the site plan and building elevations approval granted by the
Site Plan Review and Appearance Board for Kokomo Key, a 133-unit
townhouse development. The subject property is located on the east side
of North Federal Highway, approximately 200 feet north of Allen Avenue
and adjacent to the Delray Swap Shop (former Marina Cay site).
SPRAB action was taken on August 23, 1995. The action was appealed
by the City Commission at its meeting of September 5, 1995. The focus
of the appeal relates to the number of internal adjustments that were
granted by the Board, especially adjustments which relate to the 4'
townhouse offset requirement, 9 townhouse units in a row and back-out
parking onto the primary access road.
BACKGROUND:
The proposal involves construction of a 133-unit fee simple townhouse
development to be known as Kokomo Key, containing 11.11 acres. The
development proposal incorporates the following:
.
City Commission Documentation
Appeal of SPRAB Action - Kokomo Key Site Plan and Building Elevations
Page 2
0 Construction of 18 two-story townhouse style buildings (containing 6, 7, 8
and 9 units), which will consist of a combination 4 different model units;
0 Construction of an interior access road with an access point on Federal
Highway, and associated surface parking areas;
0 Construction of 6' high c.b.s. wall along Federal Highway as well as an
arbor with swinging gates and a control box;
0 Installation of a 600 sq.ft. swimming pool with a deck and a cabana with
an arbor;
0 Construction of an 8' high panel wall on the west half of the north property
line and a 6' high shadow box fence along the south property line; and,
0 Installation of a beach as well as an "optional" boardwalk, wharf and
gazebo along the east side of the property.
The proposal involves requests for internal adjustments with respect to the City's
townhouse regulations [LOR Section 4.3.3(0)] and distance between building
regulations [LOR Section 4.6.2(B)] . A complete analysis of the proposal is found
in the attached Site Plan Review and Appearance Board Staff Report.
ITEMS OF CONSIDERATION:
The subject property is narrow and deep with a 50 foot wide FOOT drainage and
access easement along the north side of the property. During review of the
conceptual proposal, staff recommended the access road be of a curvilinear
design and that the drainage easement be utilized for vehicular purposes. The
applicant provided the curvilinear roadway, however was only able to obtain
permission to utilize a small portion of the easement for parking purposes. With
the curvilinear roadway and site limitations, there are certain adjustments that
are necessary in order to accommodate the proposed development.
With respect to the 4 foot offset, at its meeting of August 9, 1995, the Board
discussed the proposed elevations and the 4 foot building off-set with the
developer. At that time, the Board indicated that while additional design
elements should be provided on the sides of the structures, they did not object to
providing a 2 foot offset rather than the required 4 feet. While staff's
recommendation was to approve the 2 foot offset, it was noted in the staff report
that there is adequate area to accommodate the 4 foot offset. As the Board's
initial inclinations were to approve the reduction, staff did not oppose the
reduction, as similar requests have been granted in the past. Staff has worked
closely with the applicant to reach what appears to be a reasonable compromise,
given the site constraints of the property and its location adjacent to the Swap
Shop and other blighted properties along the North Federal Highway corridor.
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City Commission Documentation
Appeal of SPRAB Action - Kokomo Key Site Plan and Building Elevations
Page 3
In addition to the above, there appears to be some concern with respect to the
density of the development and the utilization of the Intracoastal Waterway,
which runs along the east side of the property. This proposal is to be developed
at 12 units per acre, which meets the density requirements of the RM zone
district. While the development may seem too dense for the property given the
site constraints, this area has been identified as a redevelopment area in which
medium density residential developments are encouraged. The proposal calls
for 14 units backing-up to the Waterway along with a pool area at the southeast
corner of the property and a boardwalk with a gazebo along the seawall. While
not all the units have a view of the waterway, there are amenities provided
adjacent to the waterway for all the residents to enjoy.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of August 23, 1995, the Site Plan Review and Appearance Board
reviewed the site plan for the Kokomo Key. The Board discussed with the
applicant the proposal as well as Staffs recommendations and technical
comments. There was public testimony primarily supportive of the proposal.
After lengthy discussion, SPRAB took the following actions regarding the site
plan for Kokomo Key:
Special Actions
1. Approved (5-0, Carter absent) an internal adjustment to Section
4.3.3(O)(3)(b), to reduce the required 25' building setback along the
access road/tract;
2. Approved (4-1, Mouw dissenting); an internal adjustment to Section
4.3.3(O)(4)(a), to not provide a 4' offset for the buildings;
3. Approved (5-0) an internal adjustment to Section 4.6.2(B), to reduce the
building separation requirements for this development;
4. Approved (5-0) the internal adjustment to Section 4.6.9(D)(4)(d), to allow
back-out parking onto the central portion of the access road; and,
5. Approved (5-0) an internal adjustment to Section 4.3.3(O)(4)(b), to allow
townhouse rows of 9 units.
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City Commission Documentation
Appeal of SPRAB Action - Kokomo Key Site Plan and Building Elevations
Page 4
Site Plan
Approved (5-0) the site plan based upon positive findings with respect to Chapter
3 (Performance Standards) of the Land Development Regulations and the
policies of the Comprehensive Plan subject to the following conditions:
1. That revised plans be submitted addressing Technical Items 1 - 10 of the
Staff Report with the changes to item #6 to read, benches should be
provided along the proposed boardwalk or in the gazebo;
2. That a tot lot as well as the type of playground equipment be indicated on
revised plans;
3. That additional light fixtures be provided throughout the site in compliance
with LOR Section 4.6.8;
4. Submit revised plans indicating the location of the trash collection areas
and a letter from Waste Management, Inc. stating that the manner of
collection and location of trash receptacles are acceptable;
5. Prior to issuance of any building permits, the subdivision plat must be
recorded; and,
6. That a boardwalk and gazebo with seating optional be part of the site plan
and also eliminating one 12' X 12' trellis pod (arbor) adjacent to the pool.
Landscape Plan
Approved (5-0) the landscape plan based upon positive findings with respect to
Section 4.6.16 subject to the following conditions:
1. That the hedge indicated on the south side of the FOOT easement be
located to the north property line/north side of easement adjacent to the
proposed wall;
2. That foundation plantings be provided on the sides of the structures;
3. That the ale units be indicated on the plans and screened by a hedge;
and,
4. That foundation plantings and Palms trees be provided along the east
side of the townhouses adjacent to the Intracoastal Waterway.
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City Commission Documentation
Appeal of SPRAB Action - Kokomo Key Site Plan and Building Elevations
Page 5
Building Elevations
Approved (5-0) the building elevations based upon positive findings with respect
to Section 4.6.18 with the following condition:
1. That the rear elevations of the Buildings 1, 9 and 10 be provided with
decorative stucco and shutters, and be presented to the Board for action.
AL TERNA TIVE ACTIONS:
A. Continue with direction and concurrence.
B. Uphold the Site Plan Review and Appearance Board's decision and
approve the site plan and building elevations for Kokomo Key based upon
positive findings with respect to Chapter 3 (Performance Standards),
Section 2.4.5(F)(5) (Compatibility) and Section 4.6.18 of the Land
Development Regulations and the policies of the Comprehensive Plan
subject to conditions.
C. Modify the Site Plan Review and Appearance Board's decision as
necessary, and approve the site plan and building elevations for Kokomo
Key based upon positive findings with respect to Chapter 3 (Performance
Standards), Section 2.4.5(F)(5) (Compatibility) and Section 4.6.18 of the
Land Development Regulations and the policies of the Comprehensive
Plan subject to conditions.
D. Reverse the Site Plan Review and Appearance Board's decision and deny
the site plan for the Kokomo Key based upon a failure to make a positive
findings with Section 2.4.3(F)(5) (Compatibility) of the Land development
Regulations, that the property will not be harmonious to surrounding
properties and may cause depreciation of property values.
RECOMMENDED ACTION:
Commission's discretion.
Attachments:
0 SPRAB Staff Report and Documentation of August 23, 1995
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SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: August 23, 1995
AGENDA ITEM: IV. A.
ITEM: Site Plan, Landscape Plans, and Building Elevations for Kokomo Key, a
133-unit townhouse development located on the east side of North Federal
Highway, approximately 200 feet north of Allen Avenue, immediately south
of the Delray Swap Shop.
\)
GENERAL DATA:
Owner......................,.. ....................... ......... EBJH Corporation ,-
Applicant... .... ...... ,...... .,..... ...... ..... .............. Pulte Home Corporation
Agent.... ....... .... .... ...... ........... ....................., Kevin C. Conner
Wescon Consulting, Inc..
Location..............................:.....,................. East side of North Federal Highway, approximately 200 feet north of
Allen Avenue, immediately south of the Defray Swap Shop.
Property Size...........................,................., 11.11 Acres
Future Land Use Map Designation.,.......... Medium Density Residential (5-12 du/ac)
Zoning Designation.................................... RM (Medium Density Residential)
Adjacent Zoning...............,...............North: GC (General Commercial) and RS (Single Family Residential- Town
of Gulfstream)
East: OR (Outdoor Recreation - Town of Gulfstream)
South: GC, RM, and R-1-A (Single Family Residential)
West: AC (Automotive Commercial)
Existing Land Use,..,.................................. Primarily vacant land with 3 vacant single family structures (Formerly
a mobile home/trailer park).
Proposed Land Use.,............,..............,..... Construction of a 133-unit townhouse development with associated
parking, landscaping and recreation areas,
Water Service................,.,.........,....,..,....... Available via main extensions from an existing 12" water main along
Federal Highway.
Sewer Service.......,.,.......,.....,.......,....,....... Available via main extensions and connection to an existing lift station
at the southeast corner of the site.
IV.A.
.
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The action before the Board is that of approval of the following
aspects of a development proposal for Kokomo Key, a 133-unit
townhouse development:
a site plan;
a landscape plan; and
a building elevations.
The subject property is located on the east side of North Federal
Highway, approximately 200 feet north of Allen Avenue, between
Sande's Restaurant and the Delray Swap Shop.
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The subject property consists of 11.11 acres and was the former location of a
trailer/mobile home park. Water service was provided via a well system and
sewage was accommodated via an on-site sewage treatment plant. The site is
primarily vacant with three vacant single family structures located on the east
side of the property adjacent to the Intracoastal Waterway.
The subject property has an extensive land use history, however the following
relevant land use actions related to the property are noted.
On December 13, 1988, the subject property was annexed into the City with the
GC (General Commercial), RM-10 (Multiple-Family Dwelling District) and R-1-A -
(Single-Family Dwelling District) zoning designations, pursuant to the City of
Delray Beach Enclave Act (Enclave 24) via Ordinance No. 145-88.
With the adoption of the City's Comprehensive Plan and Future Land Use Map
in 1989, the property was designated as Medium Density Residential 5-12 du/ac
with a Large Scale Mixed Use overlay designation. The mixed use overlay was
applied to the property to accommodate a development proposal was being
processed to construct a mixed use development known as Marina Cay.
On August 27, 1989, the City Commission approved a rezoning request to SAD
(Special Activities District), together with a conditional use and site plan to
accommodate a large scale mixed use development known as Marina Cay. The
development proposal consisted of 102 multiple family units, a 62 slip marina,
65,500 sq.ft. of retail/office/restaurant use, and private recreation facilities
including a health club.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 2
On October 8, 1991, the City Commission approved a corrective Land Use Map
amendment to apply the 2 acre commercial component to the property. The 2
acre commercial component was applied as a "floating" designation which had
no specific location.
In 1991 and 1992, the City Commission approved site plan extension requests,
however, the project was never constructed. On February 21, 1995, the City
Commission approved a request to rezone the overall 11.11 acre parcel from
SAD (Special Activities District) to RM (Medium Density Residential) in
conjunction with a request for a Future Land Use Map amendment to change the
2 acre General Commercial component of the property to Medium Density
Residential 5-12 du/ac. The rezoning to RM repealed the SAD ordinance for the
Marina Cay development. The existing Large Scale Mixed' Use Overlay
designation is to be removed in conjunction with the adoption of Comprehensive
Plan Amendment 95-1, which is scheduled for the City Commission's September
5th meeting,
On July 5, 1995, a full site plan application was submitted for a 133-unit
townhouse development to be known as Kokomo Key and is now before the
Board for action.
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The project involves construction of a 133-unit fee simple townhouse
development to be known as Kokomo Key. The development proposal
incorporates the following: ,-
0 Construction of 18 two-story townhouse style buildings (containing 6, 7, 8
and 9 I.Jnits), which will consist of a combination 4 different model units;
0 Construction of an interior access road with an access point on Federal
Highway, and associated surface parking areas;
0 Construction of 6' high c.b.s. wall along Federal Highway as well as an
arbor with swinging gates and a control box;
0 Installation of a 600 sq.ft. swimming pool with a deck and a cabana with
an arbor;
0 Construction of an 8' high panel wall on the west half of the north property
line and a 6' high shadow box fence along the south property line; and,
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 3
0 Installation of a beach as well as an "optional" boardwalk, wharf and
gazebo along the east side of the property.
The proposal involves requests for internal adjustments with respect to the City's
townhouse regulations [LOR Section 4.3.3(0)] and distance between building
regulations [LOR Section 4.6.2(B)] .
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COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the site and .development
application/request.
Internal BuildinQ Setbacks
Pursuant to Section 4,3,3(0)(3)(b), (Townhouse and Townhouse Type
Development), setbacks interior to the project shall be measured from the platted
street system (access road/tract), The structures adjacent to the primary access
tract must be set back a minimum 25 feet. The applicant has requested internal
adjustments along the central access road. The reductions on the central road
are for Buildings 2-6,8. and 14. Buildings 2.3. and 8 are located 10 feet from the
road and Buildings 5,6. and 14 are located 22 feet from the roadway.
The site is narrow and deep with a 50 foot wide FOOT drainage easement along
the north side of the property. During review of the conceptual proposal, staff -
recommended the access road be of a curvilinear design. With the curvilinear
roadway and site limitations, the townhouse structures must encroach upon this
setback area. While the site plan could be revised to mitigate this situation Le.
provide totally linear street system, the aesthetic value of the curvilinear road
system would be diminished. Therefore, it is recommended that this internal
adjustment be granted.
BuildinQ Separation
Pursuant to Section 4.3.3(0)(3)(c), setbacks interior to the project with respect to
side and rear lot lines shall not be observed, however, in-lieu thereof 2-story
structures (dwelling unit groups) shall not be located closer than 25 feet to each
other. The development proposal complies with this requirement. However,
LOR Section 4.6.2 (Distance Between Residential Buildings) is also applicable.
The purpose of the section is to provide for adequate distance between
structures to allow for light, air, and open space; and to provide for an
aesthetically pleasing design relationship among buildings which are
constructed within townhouse, apartment and condominium developments. The
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 4
distance between buildings is calculated based upon the length and height of
the abutting structures. Based upon this formula, many of the structures would
need to be approximately 30,47 and 63 feet apart,
Due to the constraints of the site and the proposed design it is difficult to provide
the required distances. As the proposal complies with the building separation of
the townhouse regulations, the intent of the code is met in that there is adequate
light air and open space provided with this development. Further, any reduction
will not violate any building or fire safety codes. Based upon the above, a
reduction of the building separation requirements is recommended.
Townhouse Desion
Townhouse Offset: Pursuant to Section 4.3.3(O)(4)(a), no more than two
townhouses may be constructed without providing a front setback of not less
than 4' offset front to rear. The proposed townhouses do not accommodate the 4'
offset. The applicant has requested an internal adjustment in lieu of this
requirement.
The basis for the above requirement is to prevent the construction of townhouse
developments that are totally linear in character. The proposed structures
incorporate a number of unique design elements that provide the relief that is
sought in the front of the structures. These elements include the combination of
gable roofs, overhangs and decorative columns and brackets. The rear also
provide relief as the 2nd floor of the structures will provide the required offset
and the first floor provides a storage area which gives the appearance of an
extension with an optional Lanai. Thus, as the intent of the code is being met, it ,-
is appropriate to grant an adjustment to this requirement. If the Board feels that
some additional relief should be provided, it can be accommodated by providing
more architectural relief on the facades and/or some additional building
staggering. There is enough distance between buildings to provide this
staggering.
Townhouse Length: Pursuant to LDR Section 4.3.3(O)(4)(b), no townhouse
row shall consist of more than 8 dwelling units or a length of 200 feet. The
proposed townhouse groups are 145' long with 9 units. The applicant has
requested an internal adjustment to this requirement to allow the 9 units.
The adjustment would apply to 6 of the 18 buildings provided with this
development. The proposed townhouse buildings are 145 feet long which is
considerably shorter than the 200 foot maximum length, and contain one unit
more than the maximum 8 units. It appears the intent is to prevent long unsightly
runs of townhouse buildings. The proposal meets that intent since the proposed
9 unit building is only 145 feet long.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 5
Back-out Parkinq
Pursuant to Section 4.6.9(D)(2)(c), back-out parking is permitted when the street
is private within a planned development and the street has less than 200 ADT.
In the center of the development back-out parking has been provided along the
access/private road
As stated previously, the site is narrow and is further restricted by a 50 foot
FDOT easement along the north side of the property. In an effort to provide a
better townhouse development, a curvilinear roadway has been provided.
However, the curvilinear design is not as space efficient as a linear roadway.
Due to the site constraints and the curvilinear roadway design', there is not
enough land area in the north-south direction to locate all of the parking within
pods. Therefore, a portion of the required guest parking (north side of road) and
resident parking (south side of road) must be located on the roadway. The plan
shows 19 guest spaces and 34 resident spaces along the roadway. The 34
resident spaces are 23 feet in length which is 5 feet longer than the standard
parking space (18') and provides for additional maneuvering area as well as
safety area for better reaction time while backing-out. Based upon the above, it
is appropriate to grant an internal adjustment to this requirement.
Site Liqhtinq
Site lighting locations and fixture details have been provided. The fixtures are
consistent with the colonial revival architectural style of the townhouses. While >-
site lighting has been indicated along the access road, it is not provided within
the parking areas. Therefore, additional light fixtures in compliance with Section .
4.6.8 must be provided within the parking areas.
Parkinq
Pursuant to Section 4.6.9(C)(2)(c), 333 parking spaces are required for this
development and 333 have been provided. Thus, the parking requirement has
been met.
Special Landscape Setbacks
Pursuant to Section 4.3.4(H)(6)(b), special landscape setback areas must be
provided along Federal Highway. Single frontage lots which are over 300 feet in
depth are required to provide a 25 foot wide landscape strip, which has been
provided, Thus, this requirement is met.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 6
Perimeter BuildinQ Setbacks
The development proposal meets the perimeter building setback requirements
for the RM zone districts [ref. LDR Section 4.3.4(K)].
BuildinQ HeiQht
Within the RM zone district, the maximum building height is 35 feet and the
proposed structures will have a height of 22.5 feet. Thus, this requirement has
been met [ref. LDR Section 4.3.4(K)].
Site Plan Technical Items:
The following are items that do not require specific action of the Board, however,
the items must be addressed with the submittal of revised plans.
1. As a 6-unit townhouse is proposed within the existing ingress/egress
easement on the west side of the property, the easement will need to be
abandoned and a replacement easement provided.
2. A permit must be obtained from FDOT for the driveway modifications, utility
connections, drainage and for that portion of the wall which encroaches upon
FDOT right-of-way/easement.
3. A surface water permit must be obtained from South Florida Water
Management District. -
4. Written verification must be obtained from FDOT stating that the
landscaping, wall and parking areas may encroach within the 50' FDOT
easement' along the north side of the property.
5. As the boardwalk and gazebo do not require a permit from the Army Corps of
Engineers, the word "optional" should not include these items and only apply
to the wharf.
6. Benches should be provided along the proposed boardwalk.
7. A sidewalk should be provided on the south side of Buildings 2 and 3
adjacent to the access road,
8. The sidewalk which terminates at the southwest corner of Building 8 should
be extended to the access road and a crosswalk provided.
9. Entry gate details must be provided.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 7
10. All plans must be consistent with each other.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives are noted.
Conservation Element Policv B-2.2 - Whenever and wherever significant or
sensitive flora and fauna communities are identified pursuant to Policy B-
2.1 (i.e. biological survey), they shall be preserved as if they were
environmentally sensitive areas as identified in Objective B-1.
At the northeast corner of the site, there are Mangrove trees scattered
throughout the FOOT drainage ditch/easement. The development proposal
does not disturb this area and thus fulfills this Policy.
Open Space and Recreation Element - Tot lots and recreational areas shall
be a feature of all new housing developments which utilize any of the City's
PRD zone districts or which have homeowner associations which must
care for retention areas, private streets or common areas.
As this development will consist of fee-simple townhouses with a homeowners
association a tot lot must be provided. This Policy is also a special regulation of
the RM zone district [ref. LOR Section 4.4.6(H)(3)]. There are areas throughout
the site where a tot lot can be easi!y accommodated. In order to fulfill this
Comprehensive Plan Policy as well as the LOR requirement, approval of the site
plan should be conditioned upon the provision of a tot lot. With revised plans ,-
the tot lot location as well as the type of playground equipment must be
provided.
Housinq Element Policv C-2.4 - Development of remaining vacant
properties which are zoned for residential purposes shall be developed in a
manner which is consistent with adjacent development regardless of
zoning designations.
The subject property will be developed in a manner consistent with the adjacent
residential and commercial developments. This item is further addressed later in
this report under "Site Plan Findings" on pages 9 and 10.
Land Use Element Obiective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use
needs.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 8
The property was previously disturbed in order to accommodate a mobile home
park. There are no special physical or environmental characteristics of the land
that would be negatively impacted by the proposed townhouse development
which will be complimentary with the residential neighborhood to the south. The
Housing Element of the Comprehensive Plan calls for development of property
to provide a variety of housing types. Further, within redevelopment areas
medium density residential concentrations shall be provided. Along the Federal
Highway corridor, there is an abundance of vacant and blighted commercial
properties. This residential development will fulfill the need for medium density
residential within redevelopment areas as well as provides the desired
improvements along this corridor.
Community Redevelopment AQency's Redevelopment Plan
The subject property incorporates a portion of the Community Redevelopment
Agency's (CRA) sub-area #5, identified in the CRA Plan. The North Federal
Highway Improvement Program calls for the following: improve the appearance
of the corridor; reduce and eliminate marginal inappropriate land uses; direct
smaller business operations to more concentrated areas; provide economic
stimulation and investment in the area; creation of jobs; and stabilization and
preservation of the residential neighborhoods through new development,
redevelopment and the elimination of blight.
The proposal will provide economic stimulation and investment in the area and
result in the development of property which has remained vacant and has not
been well maintained for many years. Development of the property as
residential should provide further stabilization of the existing neighborhood to -
the south and should be a inducement to redevelopment of the Federal Highway
corridor. Thus, the proposal is consistent with the objectives of the Community
Redevelopme·nt Agency's North Federal Highway Improvement Program and
was supported by the CRA at its meeting of August 10, 1995.
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Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings
relate to the following areas:
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 9
Section 3.1.1(A) - Future Land Use Map: The subject property has a Future
Land Use Map designation of Medium Density Residential 5-12 du/ac with a
Large Scale Mixed Use Overlay designation and is currently zoned RM (Medium
Density Residential). As previously stated, the City Commission will take action
on the removal of the Mixed Use Overlay designation at its meeting of
September 5, 1995. The proposed multiple family (townhouse) development is
allowed as a permitted use in the RM zone district [ref. LOR Section 4.4.6(B)(3)].
Based upon the above, it is appropriate to make a positive finding with respect to
consistency with the Future Land Use Map.
Section 3.1.1(8) - Concurrency: As described in Appendix A, a positive finding
of concurrency can be made as it relates to water, sewer, streèts and traffic,
drainage, parks and recreation, open space, and solid waste.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As
described in Appendix B, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
Section 3.1.1 (D) - Compliance With the Land Development ReQulations: As
described under the Site Plan Analysis of this report, a positive finding of
compliance with the LOR's can be made, provided the conditions of approval are
addressed.
Section 2.4.5(F)(5) (Site Plan FindinQs):
-
Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of
Chapter Three, the approving body must make a finding that the
development of the property pursuant to the site plan will be harmonious
with the adjàcent and nearby properties and the City as a whole, so as not
to cause substantial depreciation of property values.
The subject property is bordered by the following: to the north is zoned GC
(General Commercial) and Town of Gulfstream RS (Residential Single Family);
to the west is zoned AC (Automotive commercial); to the south is zoned GC, RM
and R-1-A (Single Family Residential); and, to the east, across the Intracoastal
Waterway, is zoned Town of Gulfstream OR (Outdoor Recreation). The
surrounding land uses are: to the north is the Delray Swap Shop and a spoil
area for dredging the Intracoastal Waterway [Florida Inland Navigational District
(FIND) property]; south is Sande's Restaurant, a mix of single family and duplex
structures, and an 8-unit multiple family structure; west is a vacant auto
dealership; and, east across the Intracoastal Waterway is the Gulfstream Golf
Course.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 10
Compatibility with the adjacent residences is not a major concern. The proposed
multi-family development provides for a good transition between the Swap Shop
to the north and residential neighborhood to the south. Along the south property
line adjacent to the existing residences, a 6' high shadow box fence with Live
Oaks every 30 feet is proposed. The proposal also provides a c.b.s. wall
adjacent to the commercial properties which will buffer this development from
any negative impacts of the surrounding commercial uses. Development of this
property will be an inducement to the area and may encourage development or
redevelopment of surrounding properties. This development proposal will be
harmonious with the adjacent properties and should enhance rather than
depreciate property values within this area.
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Main Entrance
The west side of the property serves as a focal point to the development.
Adjacent to Federal Highway, the landscaping has a scalloped design which
extends from the perimeter wall. This landscaping includes Hibiscus, Liriope,
Lantana, and Red Fountain grass with Red Oleander standards. At the main
entrance, the same design is continued with a different variety of landscape
material which includes Crinum Lily, Indian Hawthorne, Liriope and annuals.
Within the entrance median Queen Palms with Vibernum and Liriope
underplantings are proposed as well as annuals adjacent to Federal Highway.
Adjacent to the access road Queen Palms with Philodendron and Indian
Hawthorne are proposed while interior to the wall, Live Oaks are to be provided.
Perimeter Landscapina
Along the north and south sides of the property, Live Oaks with a Spanish
Stopper hedge are proposed. The hedge along the north side of the property
coincides with the south line of the FOOT easement. It is suggested that the
hedge be located to the north property line/north side of easement, in order to
encourage utilization of the open area and to provide a foundation planting for
the proposed 8' high wall adjacent to the Delray Swap Shop. While landscaping
is to be provided adjacent to the pool area, no landscaping has been provided
adjacent to the townhouses facing the Intracoastal Waterway (east property
line). It is recommended that foundations plantings and some mid-level plant
material be provided along the east sides of the structures.
.
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SPRAB Staff Report ,
Kokomo Key - Site Plan Approval
Page 11
Internal Landscapin~
Along the west end of the interior access road, the Queen Palms with
underplantings will be carried over from the entrance design and then Live Oaks
will be provided for the balance. At the front of each townhouse unit there will be
landscape area with each townhouse group having a different combination of
landscape material. Foundation plantings have not been provided on the sides
and rears of the buildings. As the sides of many of the townhouse units are
visible from the access road and parking lots, it is appropriate to provide
foundation plantings. It is noted that the alc units are to be located to the rear
of the structures and are not indicated on the plans. The alc units must be
screened by a hedge which provides adequate landscaping to address the need
for foundation plantings at the rear of the buildings.
¡¡¡¡~¡:::f;¡¡~¡¡i~~~~¡~~¡~1¡~~¡¡1~¡t¡¡i~¡¡r;¡~¡I¡¡B¡1¡J,¡~li~11¡1Ij~¡1\1¡11¡@¡\Îi¡III111¡11¡tl¡~I¡~ll;I[I~~~¡1~¡mI1¡1111~J.¡\I~*lji~~~~~~§~~~f~~
Townhouse Structures
The structure will be of the Colonial Revival style with beige textured stucco and
a gray fiberglass shingle roof with decorative gables. White aluminum windows
with decorative stucco detailing and shutters are to be provided along the front
elevation. The trim will be painted off-white and the shutters and doors will be
consistent with the color pallet which provides varying shades of grays, greens
and blues. At the SPRAB's August 9th meeting, the Board discussed the
proposed elevations with the applicant. The Board recommended that the -
stucco detailing and shutters be continued to the sides the buildings. Revised
elevations were submitted addressing the Board's comment. As many of the
rears of the buildings face each other and are visible from the access road, it is
appropriate tò also provide stucco detailing on the rear elevations. The detailing
would be provided on the second floor only as the first floor will be provided with
a patio or optional lanai.
Cabana and Arbors
The cabana elevations will be compatible with the architectural style of the
townhouses. The cabana will consist of an arbor with cedar rafters and stucco
columns, which will be the same style of arbor as provided at the entrance to the
development.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 12
I:,::::::::::::¡::::::::::::::::::::::::::¡::::::'::::::¡:::::I:::::::[:im:',:',::::,,:::::,:,:,:,::::,.:::':i::i::¡:::::I::;;,:::;::::::!:::::::::::~::i;r:::~:!:~:::R:::¡::,:î::!T;:'e::::M:~::':::,,:::::,,::::::::::'::::,',:1::::::::::,::::::::::::::::::,:¡:::::':':i:i¡::::f:::I::::::::::::::'::::::'::::::::::::::'1
.....................................................................................................................................................,..............................................................................
..................................h...............................................'.......h.........h............................................................................................................................................................
SwimminQ Pool Area
The originally submitted site plan included a pool with dimensions of 25' X 40'
(1,000 sq.ft.). The latest revised plans indicate a pool that is generally
rectangular in shape and only 600 sq.ft. in size. Prior to the revisions to the
plans addressing staff's comments, the pool dimensions were 25' X 40' (1,000
sq.ft.). The proposed pool size is more typical for a single family dwelling and
should be increased to allow for a community pool. Therefore, it is recommended
that the size of the pool be increased to that which was initially proposed (25' X
40').
Trash Receptacles
The manner in which trash will be accommodated has not been indicated on the
plans and the floor plans do not provide an area where the trash cans could be
stored. There is adequate area to accommodate dumpster enclosures on the
site. Also, accommodations must be made for recyclable materials. A condition
of approval is that revised plans be submitted indicating the location of the trash
collection areas and that a letter be obtained from Waste Management, Inc.
stating that the manner of collection and location of trash receptacles are
acceptable.
Subdivision Plat
As the proposal involves units that will be under fee simple ownership as well as
easement dedications, a subdivision plat must be processed pursuant to
Chapter 5 of ,the Land Development Regulations. The plat must be recorded
prior to issuance of any building permits, and that is attached as a condition of
approval.
(¡¡¡,@(¡~(~:¡~¡¡:¡,¡¡¡j¡¡¡j:~¡H~¡,¡:~~¡¡~¡!.¡¡,(¡~¡~(~¡~(:¡~¡¡¡:¡¡¡:¡::j¡¡~@~¡î~¡@~i~~~:.I¡:I~l¡¡ll.1~~¡j¡I¡~I(¡:¡:¡¡¡I¡¡¡I¡:¡B¡¡g¡:¡I¡:~:~:j¡m¡¡::j~¡¡~¡:¡j~¡:¡(¡,¡(¡j¡j¡:¡,:~fJ.:~jf.~I~~ll~~i~1¡,¡~M~~¡,¡~j
The development proposal is not within a geographical area requiring review by
the Downtown Development Authority (DDA).
Community Redevelopment AQency:
At its meeting of August 10, 1995, the CRA reviewed and recommended
approval of the development proposal.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 13
Special Courtesy Notice:
Courtesy notices were provided to the following homeowner's and neighborhood
associations:
0 La Hacienda Homeowners Association
0 North Federal Highway Task Team
0 Beach Property Owner's Association
0 Northeast Neighborhood
Letters of objection or support, if any, will be presented at the SPRAB meeting.
'ji~I~¡j!1~11~ji~1:~~lli¡~~¡~~~¡::j¡j~I~Ρ§:~§~:§~:§~J,Mj¡j:§j~ltlj~~~I~¡B~¡jï~¡~fJ,¡¡ljtl¡j:I~I¡~I~I\~§iljRtl¡j¡:~~:~¡j::¡::~I~i!lj¡j~:~i~~~~:lli¡::~~jjj¡¡I
The proposed development is consistent with the policies of the Comprehensive
Plan and Chapter 3 of the Land Development Regulations provided a tot lot is
accommodated on the site. With this development there are requests for relief
from code requirements. Granting the requests will allow for the construction of
a diversified development that will not be totally linear and will have a unique
character. The development proposal is compatible with the adjacent residential
properties and will be an enhancement to the North Federal Highway corridor.
-
j~jlliill~ll~i~~I~~¡~¡¡i1~f¡~¡~¡¡¡~¡~~;¡¡¡¡~¡~¡~¡~¡fJ~~¡¡:¡::I¡:lil~ï:::I~III¡~I~:I~~I~:I~¡:::~I~I~m:::I~:I¡¡¡I:¡¡¡I::~¡i::~~\~¡~¡:j~:~¡::¡¡~¡~~:¡1~~1:1::i::¡:~:::¡~~~¡¡~~íl~~:~:¡1:¡~¡~1:::::
A. Continue with direction and concurrence.
B. Approve the site plan, landscape plan and building elevations for
Kokomo Key based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(F) (Compatibility Findings) of
the Land Development Regulations, and the policies of the
Comprehensive Plan subject to conditions.
C. Deny the site plan, landscape plan and building elevations for Kokomo
Key based upon a failure to make a positive finding with respect to the
compliance with the policies of the Comprehensive Plan (re: providing Tot
Lots) and Land Development Regulations.
.
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 14
l:r:1':" r ,.., r r ....:':':r:r:..........'............'..' ...... ,..,..,.. ,.. r......'.. .....................,.. ,..,........ r ,.... .................... .......... .........,....,.. ,.... ......,............ ,...... :r:r:r:1
:::::::::::::::::::::::::::::::t::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::¡:::::::::::§:::I::I:::§::¡fil:::::::g:::¡§j::I:::I:::I:::I:::§:::N:::g::I:::I:::!:::¥I:::I!:::::::::::::::::::::::::::::::::::::::::::::::t::::::::::::::::::::::
A. Special Actions
1. Approve an internal adjustment to Section 4.3.3(0)(3)(b), to reduce
the required 25' building setback along the access road/tract;
2. Approve an internal adjustment to Section 4.3.3(0)(4)(a), to not
provide a 4' offset for the buildings.
3. Approve an internal adjustment to Section 4.6.2(B), ·to reduce the
building separation requirements for this development, and;
4. Approve the internal adjustment to Section 4.6.9(D)(4)(d), to allow
back-out parking onto the central portion of the access road.
5. Approve an internal adjustment to Section 4.3.3(0)(4)(b), to allow
townhouse rows of 9 units.
B. Site Plan
Approve the site plan for Kokomo Key based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land Development
Regulations and the policies of the Comprehensive Plan subject to the
following conditions:
1. That revised plans be submitted addressing Technical Items 1 - 10
òf the Staff Report;
2. That a tot lot as well as the type of playground equipment be
indicated on revised plans;
3. That additional light fixtures be provided throughout the site in
compliance with LOR Section 4.6.8;
4. That the size of the swimming pool be increased to 25' X 40' as
originally proposed;
5. Submit revised plans indicating the location of the trash collection
areas and a letter from Waste Management, Inc. stating that the
manner of collection and location of trash receptacles are
acceptable; and,
.
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SPRAB Staff Report
Kokomo Key - Site Plan Approval
Page 15
6. Prior to issuance of any building permits, the subdivision plat must
be recorded.
C. Landscape Plan
Approve the landscape plan for Kokomo Key based upon positive
findings with respect to Section 4.6.16 subject to the following conditions:
1. That the hedge indicated on the south side of the FOOT easement
be located to the north property line/north side of easement
adjacent to the proposed wall;
2. That foundation plantings be provided on the sides of the
structures;
3. That the a/c units be indicated on the plans and screened by a
hedge; and,
4. That foundation plantings and mid-level plant material be provided
along the east side of the townhouses adjacent to the Intracoastal
Waterway.
E. Building Elevations
Approve the building elevations for Kokomo Key based upon positive
findings with respect to Section 4.6.18 with the following condition:
-
1. That the rears of the buildings be provided with decorative stucco.
Attachments:
0 Appendix A
0 Appendix B
0 Site Plan
0 Landscape Plan
0 Building Elevations
Report prepared by : Jeff Costello. Senior Planner
.
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I . . . . .. . I
...................................................... .... ....................................................................................................................................................................
....................................................... .... ....................................................................................................................................................................
.::;:::::;:;:::;:::;:;:;:;:::;:;:::::;:;:;:;:;:;:::::;:::;:;:;:::;:;:;:;:;:;:;:;:::;:::::;:::;:/::::::;:::: :;:;:::: :;:;:::;:;:::::::::::;:;:;:;:;:;:::;:::;:/;::' ':::::: ';::', :::; ...:::: -: :;:;-. ":::; ::;.....:::::::::::::::. :::::::::::::::::::::::;::::::::::::::;:;::::::::;::::;::::::::;::;;:;:::::::;:::::::::::;:::;:::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::;;;::::::::::;;:;::
Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective
B-2 of the land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Water:
Water service will be provided via a service lateral connection to a proposed 8"
water main which will be located within the access road. The main will connect
to the 12" main along Federal Highway at the development's main entrance and
to an existing 8" main at the southeast corner of the site within Palm Trail, thus
looping the water system. Adequate fire suppression is to be provided via
proposed fire hydrants located along the access road. No off-site water main
extensions and/or upgrades are required with this development proposal.
Sewer:
Sewer service will be provided via installation of an 8" sewer main within the
access road which will discharge into an existing lift station (L.S. 109) at the
southeast corner of the site within Palm Trail. No off-site sewer main extensions
and/or upgrades are required with this development proposal.
Drainaae: -
Drainage is to be accommodated via installation of storm sewer drainage system
which will discharge into the Intracoastal Waterway to the east. The method of
water quality treatment has not been indicated. Revisions to the drainage
calculations and engineering plans which address water quality as well other
technical items will be necessary in order to comply with South Florida Water
Management Districts requirements. There are no problems anticipated in
complying with SFWMD requirements and thus, obtaining a surface water
permit.
.
SPRAB Staff Report ( (
Kokomo Key - Site Plan Approval
Page 17
Streets and Traffic:
A traffic study has been submitted indicating that the proposed 133-unit multiple
family development will generate 931 new vehicle trips on the surrounding
roadway network. There is adequate capacity on this link of Federal Highway to
accommodate the additional trips. The Palm Beach County Traffic Division
deemed the traffic study to be in compliance with the Palm Beach County Traffic
Performance Standards Ordinance. Based upon the above, a positive finding
can be made with respect to traffic concurrency.
Parks and Recreation Facilities:
The proposed units will not have a significant impact with respect to level of
service standards for parks and recreation facilities. However, pursuant to LDR
Section 5.3.2, whenever a development is proposed upon land which is not
designated for park purposes in the Comprehensive Plan, an in-lieu fee of
$500.00 per dwelling unit will be collected prior to issuance of building permits
for each structure. Thus, an in-lieu fee of $66,500.00 will be required of this
development.
Solid Waste:
Trash generated each year by this development will be approximately 1.99 tons
per townhouse unit (133 units) for a total of 264.5 tons/year. This increase can
be accommodated by existing facilities and thus, will not be significant with -
respect to this level of service stanáard.
.
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A. Building design, landscaping, and lighting (glare) shall be such that
they do not create unwarranted distractions or blockage of visibility
as it pertains to traffic circulation.
Not applicable
Meets intent of standard ~
Does not meet intent
B. Appropriate separation of travelways is made for vehicles, bicycles,
and pedestrians in a manner consistent with objective D-1 of the
Traffic Element.
Not applicable
Meets intent of standard ~
Does not meet intent
c. Open Space enhancements described in Open Space and Recreation
Objective B-1, are appropriately addressed.
Not applicable
Meets intent of standard ~
Does not meet intent
-
D. That any street widening associated with the development shall not
be detrimental upon desired character and cohesiveness of affected
residential areas.
,
Not applicable ~
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent
development regardless of zoning designations.
Not applicable _
Meets intent of standard X
Does not meet intent
.
,,'
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F. Vacant property shall be developed in a manner so that the future
use and intensity are appropriate in terms of soil, topographic, and
other applicable physical considerations; complementary to
adjacent land uses; and fulfills remaining land use needs.
Not applicable _
Meets intent of standard X
Does not meet intent
G. In order to provide for more balance demographic mix, the
development of "large scale adult oriented communities" on the
remaining vacant land is discouraged.
Not applicable
Meets intent of standard X
Does not meet intent -
-
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER 98·
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 19. 1995
WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION
DATE: SEPTEMBER 15, 1995
This is before the Commission to consider a request to execute a
water service agreement in lieu of annexation for a single family
residence located on the west side of Barwick Road in unincor-
porated Palm Beach County. The home is located at 13387 Barwick
Road immediately south of the new Barwick Ranch subdivision, and
currently utilizes an on-site septic tank and well.
The City provides water and service to unincorporated properties
via two mechanisms: a water service agreement with the City, and
by annexation. Properties contiguous with City boundaries must
annex into the City to receive water. As the subject property is
currently contiguous, annexation is the appropriate means to
provide utility service. There have been a few exceptions made
to this policy; however, those properties were in areas in which
the City was not at the time prepared to annex (i.e. properties
west of Military Trail) .
The applicant has requested the water service agreement in lieu
of annexation as the process is quicker and would not involve
expensive application fees and municipal millage.
I feel the charges set forth in the LDRs for a FLUM amendment
($2,000) and annexation and rezoning ($1,000) are exorbitant for
a small scale project. The LDRs as written do not provide for a
differentiation of rates based on size. The Bloods Grove project
would pay the same fee as this project.
Staff recommends affirmation of current policy and denial of the
request to execute a water service agreement¡ however, allow
annexation of the property without application of City zoning and
FLUM designation by waiving LDR Section 2.4.5(C) (2), and approve
a reduction in application fees to $880.00 to cover annexation
advertising fees.
oK
t1rl
CITY COMMISSION DOCUMENTATION
TO: ~RDEN' CITY MANAGER
THRU: - ~i§OR
D~TMENT OF PLA· I AND ZONING
~~'
FROM: PAUL DORLlNG, P NCIPAL PLANNER
SUBJECT: MEETING OF SEPTEMBER 19, 1995: CONSIDERATION OF A
REQUEST TO EXECUTE A WATER SERVICE AGREEMENT IN
LIEU OF ANNEXATION FOR UNINCORPORATED PROPERTY
LOCATED ON THE WEST SIDE OF BARWICK ROAD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
execution of a water service agreement for a single family residence located on
the west side of Barwick Road in unincorporated Palm Beach County.
BACKGROUND:
The single family home is located at 13387 Barwick Road immediately south of
the new Barwick Ranch subdivision. The property currently utilizes an on site
septic tank and well.
The City of Delray Beach provides water and sewer service to unincorporated
properties via two mechanisms: a water service agreement with the City, and by
annexation. Properties that are contiguous with City boundaries must annex into
the City to receive water. Properties which are not contiguous cannot by statute
be annexed in, therefore, they can only receive water by entering into a water
service agreement with the City.
The City's standard water service agreement contains a voluntary annexation
clause, which runs with the land. This clause authorizes the city to annex the
property, subject to the agreement when the property becomes contiguous to
municipal boundaries. As the subject property is currently contiguous,
annexation of the property is the appropriate means to provide utility service.
.
There have been a few exceptions made to this policy, however those
properties were in areas in which the City was not at the time prepared to annex
(i.e. properties west of Military Trail ).
As the applicant's request differs from the above policy the request has been
scheduled for City Commission consideration. The applicant has requested the
water service agreement in lieu of annexation as the process is quicker and
would not involve the expense of application fees ($3,000) and municipal
millage.
The $3,000 application fees include $2,000 for a FLUM amendment and $1,000
for annexation and initial zoning. These fees cover advertising costs, notice
mailing costs, and staff time. The specific advertising costs for both the
annexation and FLUM amendment actions are attached.
The requirement to apply City zoning and FLUM designations at the time of
annexation is required by LOR Section 2.4.5 (C)(2). Florida Statute 171.062
(2) allows annexation of territory without immediate application of City zoning
and FLUM designations. Under this scenario the County FLUM and zoning
designations would remain in force until a City Comprehensive Plan amendment
is processed.
Given the above the City Commission could waive the requirements of LOR
Section 2.4.5 (C)(2) and annex the property pursuant to F.S. 171.062 (2). This
would reduce the overall advertising cost associated with this application by
$450.00. The FLUM amendment could be advertised in the future along with
subsequent amendments.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not considered this item as it is a policy
decision of the City Commission.
AL TERNA TIVE ACTION:
1. Continue with direction
2. Approve the request to execute a water service agreement in lieu of
annexation and direct staff to process a standard water service
agreement for the property.
.
3. Deny the request to execute a water service agreement in lieu of
annexation, and direct staff to provide water to the property upon
annexation.
4. Deny the request to execute a water service agreement in lieu of
annexation, however approve a reduction in the annexation application
fees to $1,330.00 which will cover advertising costs.
5. Deny the request to execute a water service agreement, however allow
annexation of the property without application of City zoning and FLUM
designation by waiving LOR Section 2.4.5 (C)(2), and approve a
reduction in application fees to $880.00 to cover annexation advertising
fees.
RECOMMENDED ACTION:
By motion, reaffirm the current policy and deny the request to utilize a water
service agreement in lieu of annexation, however approve a reduction in the
annexation application fees to $1,330 or $880. which will cover advertising
costs. A fee reduction to $880.00 will also require waiving LDR Section
2.4.5. (C)(2) to assure recouping all required advertising costs.
Attachments:
Applicant request.
Location Map
Advertising costs
.
~-:--~ ~
,
',,,I
August 23, 1995
Ms. Diane Dominguez
Planning and Zoning Director
City of Del ray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Ms. Dominguez:
As requested by Paul Dorling of the Planning Department, I am writing to you regarding the
possibility of water service to our property located at 13387 Barwick Road, Delray Beach.
Currently, our property is considered to be in the County and water service is not available to the
property. However, the land to the immediate north and the land to the imm~diate east (on the
east side of Barwick Road) is in the City. Based on numerous conversations with Mike in Public
Utilities there is an existing 10 (ten) inch main that runs down the east side of Barwick Road. '
Mike and his supervisor visited our property in July 1995 and determined that water service could
be provided to our property by "boring" under Barwick Road.
Paul explained that our property could receive water service by signing a water service agreement
with the City of Delray Beach, Under the terms of this water service agreement we would be
required to pay a 25% surcharge on the connection fees and monthly water service. We would
like to pursue this water service agreement.
Additionally, Mr. Dorling said that a water service agreement could be obtained and service in
place in approximately 2 (two) weeks, Due to existing problems with our current water
purification system, we need to replace our system as soon as possible. The water service
agreement would enable us to remedy this situation quickly.
We would like to have our attorney review the water service agreement before we proceed.
Please forward a COry~' of t.h~~ ·.v~ter ~:~rvi(~~ :1,~eement ~"c'! tbp, a~hJ::tl C()st a~~r)(~i~t~.j '\,rith
, connection fees and monthly service to:
I
JohnF. a.'ld CynthiaN. Mason
~ 13387 Barwick Road
.' Delray Beach, FI 33445 ~';K~\~~~lEmJ'
Telephone: Home 407-495-0386 l.,;,H¡. ~.-
Work 407-624-0355 ;,\1,;.;.'
þ.\}G 24 \995
Your assistance regarding this matter is appreciated. & ZON\NG
Sincerely, pU\NN\NG
Jù4t l 1Ý/ O/J.,ð-1\
.
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.
. '
Advertising costs associated with Annexation
Times
Requirement Ad type Cost published
City Charter Ordinance in full $280.00 1
F.S. Chapter 171.044 Notice of annexation $300.00 2
Total $880.00
Note: Pursuant to LOR Section 2.4.5 (C)(2) all voluntary annexations are to
be accompanied by a zoning application. All zoning advertising requirements
are accommodated in conjunction with the annexation advertisements. All
zoning designations are to be consistent with the FLUM designation requiring
adoption of the City FLUM.
Advertising costs associated with Small Scale FLUM Amendments
Times
Requirement Ad type Cost published
F.A.C. Rule 9J-11 Notice of FLUM change $150.00 2 (P&Z)
F.S. 163.3187 $150.00 1 (CC)
Total $450.00
.
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # If .C? . - MEETING OF SEPTEMBER 19, 1995
SPECIAL EVENT REOUEST/BACK ROOM BLUES BAR
DATE: SEPTEMBER 15, 1995
The Back Room Blues Bar has submitted a request for City approval
of several items relating to a proposed outdoor Blues Show on
October 8, 1995. The request to temporarily close the alley
requires City Commission approval. The event would take place
from 6 p.m. until 9 p.m.
I recommend that the request to close the alley be approved
subject to the Backroom obtaining and placing all barricades.
The Backroom is to contact the Streets Division so qualified
personnel can ensure the barricades are properly placed.
Furthermore, determination as to the appropriate number of police
officers would be at the discretion of the Delray Beach Police
Department.
f)~ 3&;;;2
(~ 9- ~c¡iìt£h ~)
wi ~ td ~ !it .AU aJId/
&l1u &. ~ td ~ 9'Ú-
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'.
0'3/07/1995 14:53 4072551472 PIHEAPPLE PRODUCTIOH PAGE 02
.
PINEAPPLE PRODUCTIONS, INC.
P.o. BOX 6856
DELRAY BEACH, FLORIDA 33484
(407) 278-9158
FLORIDA TALENT LICENSE #TA0000370
S.ptea:øer 7, 1995
Mr. .oÞ.r~ aarcinski
A..iatant city Xanaqer
city of Delray Beaoh
100 .... 1st Avenue
Oelray Be.oh, rL 33444
Re: BACK ROOK SLUSS BAR
16 aAST ATLAØT%C AVBNUE,
DBLÐY BBACH, I'L
CBBTINMIAL BLOBS S80W
PDTtTRtNG NATIONAL RECORDING ARTtST "LITTLE MlLTON"
SUNDAY, OCT081R 8, 1995
n.ar Mr. Barcinski:
I aa aUbaittinq thi. letter on behalf of John Yurt of the Bac~room,
16 .. Atlantic Avenue, Delray Beach, Florida. :I have already
discus.ed this event with Marjor1e Ferrer, Downtown Coordinator.
It is the intention of the BAC~OOK BLUES BAR to hold an outside
show on Sunday; october 8, 1995 from ipm to 9pm. This event will
feature Natiol'1al Recording Arti.t "Little Milton" and will carry
an admi..ion oharge ot $10.00 per per.on. This sho. will feature
only one (1) p.r~ora.nce, however, we nee4 the extra time for set-
up and .~agin9 or thi. performanoe, along wi~b a~lowin9 us time to
clear the ar.. of patrons aftar the show.
In aooordan08 "i th the city or Delray Beach Orðinanc:u~8 we are
aøkinq tor permission to operata .aid outside show a9 follows:
1. There vill be an admission charge of $10.00, with all patrons
qaininq admission throuqh the front doors on Atlantic Avenue only.
2. The Baokroom will p~ovi4. por~abl. toilets.
3. Th. Baokroom will provide City ot Delray po1ice orficers for
..curity tor the entire length of the .how.
4.. The Baokroom will assume al~ re.ponsibility for obtaining an
out.ieSe staga, 411 .ound equipment, along with obtaining and
plao..ent of Þarrioades.
5. The Baokroom agr... ~o provide portable haloqen liqht1nq ot the
outside alley, beqinnihq at nightfall.
.
..
- 0~/07/1 995 14:53 4072551472 PIHEAPPLE PRODUCTIDt~
RAGE 03
.
"2-
CITY RBQUIRBKBHTS;
1. The B.a~OQm i. request.ing parmi..ion t.o olose t.he alley behind
16 B. ~tlaD 10 Avenue from the "oenter alley" to N.E. 1st. Avenue.
The alley will need to be clo..d to vehicular traffio at 6pm
in order t.o do staging - i. e. placement Of stage and sound
equipment. Testing of sound equipment will be around 6pm.
2. The 8aokroom hereby reque.ts a waiver ot the sound ordinance
tor aaplitieð musio from 6pm to 9pm.
3. The Backroom hereby requests permission for waiver of the open
container ordinance tor the length of the event as follows:
.a1ver of the open container ordinanoe for the front of
of the property on Atl.ntio between Swinton and BE l&t Avenue;
SE let. Avenue from Atlantio to the Alley; Alley from 8a 1st
Avenue to swinton (includes rear of the property) and swinton
to Atlantic.
Pl..se call either 30hn Yurt '243-9110 or my office a& listed above
if there are any further que.tions you may have ooncerning this
event. Thank you for all your assiatançe with this events neeða.
I would appreciat.e final permit letter ~. sent. to my offioe, with
oopi.. to John Yurt and Marjorie Ferrer.
w. would a180, appreoiate your aðvisinq u. at to when this will
appear on the co.-i.aioD dooket, so that we may be there to answer
any OODoerns reqar4inq this event.
Thank you again for all your help,
<Z?tþ7t¡
Y 0 APfBL
PRB8IDBMT
PIBBAPPLI PRODUCT:IOøS, :IHC.
CC: JOD YURT
IlARJORIB J'BUBR
.
.
, . o9i07/199S 14:53 4072551472 PHiEAPFLE PRODUCTIOt-.J PAGE 01
i
PINEAPPLE PRODUCTIONS. INC. fJl:P ..
()? 1!i!Jt)
P.O. BOX 6656
DELRAY BEACH, FLORIDA 33484
(407) 278·9158
fax
to: ROBERT BARCINSKI -~
ASSISTANT CITY MANAGER
DELRAY BEACH, FLORIDA
fax #: 11-40~-243-7166 I
from: I LILY APPEL ~ 1
date: I Se~tember 7, 1995 J
subject: BACK ROOM OUTSIDE SHOW
OCTOBER 8, 1995
REQUEST LETTER/WAIVER
HARD COPY MAILED TODAY
pages: 1:3 .L .. ~ l
.
.,
[ITY DF DELAAY BEA[H
DElRAY BEACH
I I 0 II: I 0 ...
~ 100 NW. 1s1 .AVENUE . DELRAY BEACH, FLORIDA 33444, 407(243-7000
;iiii!
1993
MEMORANDUM
S~A ~-Å.VI- I ç; ) '1 q S-
DATE: A\Jgyst 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Request for Temporary Alley Closure behind the Backroom
The Backroom has submitted a :rEst for City approval of several items relating to a
¡.. ., w oC;/(
(\ ,- prop?s~~lues FG~t~v~ on S8f1t8ø;J 8,1995. The request,to te~P?rarily close the alley
o ~ d(o&-¡ reqUires CIty CommIssIOn approval. 7i<-€ ..¿-z.u:.tl:( t..-!';;é' /._'- :,J CI"" 1ilt:c4 /;;,...Þ"",,~ ..,.. I-ê ..}L~
&¡o,m "é:J 9p,ýt') I (
e did r e so complain ~ ast e the Ba~~ced a ~~~is area.
lease, howeve th e agreemg to s o..Q.the-otífside musiclatHl:OO p.m.
I recommend that the request to close the alley be approved subject to the Backroom
obtaining and placing all barricades. The Backroom is to contact the Streets Division so
qualified personnel can insure the barricades are properly placed. Furthermore, the
determination as to the appropriate number of police officers would be at the discretion of
the Delray Beach Police Department.
DTH/mld
@ Printl>donAt>eycll>dPap8r THE EFFORT ALWAYS MATTERS 9· C .
jUcmò C/)13
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. ' . CITY OF DELRAY BEACH
/)11..1 t!H ¿; rY\-' ~'V DATE: q/~/'7S-
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SUBd! S ~~ i/ :5¿,-f b-?rlð-"YL
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PWIv fMU¡ ~YlL tfJ. ~ {L,éf-' 1993
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: G1t; CITY MANAGER
SUBJECT:~ ADDITIONAL MATERIAL FOR THE SEPTEMBER 19. 1995. REGULAR
MEETING
DATE: SEPTEMBER 18, 1995
Attached is additional material for the September 19th regular
meeting as follows:
Under Item 5. - Approval of Minutes:
Minutes of the Regular Meeting of August 8, 1995
For Reqular Aqenda Item 9.C. - Special Event Request/Backroom Blues
~
Letter dated September 18, 1995, and accompanying petition
from Virginia Snyder, 38 South Swinton Avenue
For Regular Agenda Item 9.L. - Special Event Approval/1st Annual
Delray Beach Brew Festival:
Backup material, staff report and recommendation.
AMH/m
Attachments
ref:agmemo
.
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~~/Å. S[p ,v 0 1995
PRIVATE INVESTIGATIVE AGENCY
38 SOUTH SWINTON AVENUE
DELRAY BEACH. FLORIDA 33444
~ September 18, 1995 (407) 278-9565
Virginia Snyder
~~ West Palm Beach (407) 734-3111
K, Wayne Campbell Fax (407) 243-2635
.d:c - ~
Ross S, Snyder
Mayor Tom Lynch &
Commissioners
Re: Back Room Blues Festival
Dear Mayor and Commissioners:
This is a request to be allowed to voice my objections to the
proposed blues festival that is on the agenda for Tuesday,
September 19, 1995.
I have a petition that my husband took around the neighbor-
hood on Sunday, September 3, 1995, within a two-block area
south of Atlantic Avenue. In just one try, he reached 17
people who were home and they unanimously objected to the
deafening music emanating from the alley behind the BacK Room.
The huge speakers face the back wall, then the music bounces off.
For example, within less than 500 feet there is a nursing
home. Also a couple ages 91 and 84. My husband and I are
74 years old. If St. Paul's Episcopal Church or the Sundy
House had had any activities, they would have been disturbed.
When the July 2 festival took place, there was nine hours of
torture. We called about everyone on the Commission and the
City Manager. Unfortunately, we did not reach very many of
you but we left messages on your answerphones.
The August one was held in front of the Back Room and the
music/noise was not objectionable. But in September, it was
back in the alley. There was one concession to the complaints.
The cutoff time was 10 p.m. instead of 11 p.m.!
I am sure the Back Room makes a lot more money when the event
is held in the alley as the patrons have to come through the
front door and pay $5.00. When it was held on Atlantic Avenue,
anyone could walk up and listen without paying the Back Room.
I do not think it is legal for the City to waive its noise
ordinance to benefit a business when it is detrimental to the
health and welfare of many of its citizens.
I am totally in accord with trying to bring business/life to
downtown Delray Beach but not when it is done this way.
Sinctzy" ~~~
SINCE 1976 I ~
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PETITION
To
MAYOR AND CITY COMMISSION OF ?- 5 ~ C¡:J
DEI.RAY BEACH
We, the undersigned, who live in the Old School Square
Historic District and adjoining neighborhoods, request that
you discontinuè the practice of giving permits/permission
for outdoor music at 'J'he Back Room, muœic that is so loud
that it flagrantly violates the City's own noise ordinance.
The city should not be a party to the violation of a City
ordinance/law.
Name Address
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Memorandum
To: David Harden, City Manager
From: Lula Carrigan Butler, Director, Community Improvement ø
Date: September 13, 1995
Subject: Special Event Hoop-lt-Up/Request for Use of Inflatables
ITEM BEFORE THE COMMISSION:
Consideration of the request from organizers of the Hoop It Up special event activity
to allow the use of inflatables within the boundaries of the activity. The use of
balloons (inflatables) are prohibited under Section 4.6.7{C)(9) of the Land
Development Regulations.
BACKGROUND:
The City Commission endorsed the Hoop It Up special event activity at the regular
meeting of November 9, 1994. The approval provided for specific City involvement
along with the subsequent approval of the formal agreement. The City Commission
approval provided for the use of banners, tents, sound system and other items. We
did not address the use of inflatables in the original approval. The organizers of the
event are asking permission to use four (4) inflatables supplied by their sponsors.
The balloons are rather large and will be located within the boundaries of the event.
This special event activity is of a much larger scale than our regular activities,
(except for the Delray Affair). The inflatables are a part of the event throughout the
country and is part of the promotion and visibility provided to the sponsors. We have
attached copies of photographs of the balloons for your reference.
RECOMMENDATION:
Staff is recommending City Commission consideration of the request to allow the use
of inflatables supplied by the sponsors of the Hoop-It-Up special event activity.
Approval of the request would be a waiver to Section 4.6.7(C)(9) of the Land
Development Regulations.
The City Commission has received many requests for the use of inflatables with other
special event activities.
LB:DQ
Attachments ~5-o D4Hoop,LB
q//c¡/c¿5 9.D.
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"
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,
. Ac¡enda I tem No..
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'AGENDA REQUEST
Date: 9/13/95
Request to be placed on:'
X Regular Agenda Special Ac¡enda Workshop Agenda
When: 9/19/95
. .
Uescription of aqenda item (who, what~ where, how much). .
Waiver Request for Inflatables - Hoop t Up Special Event
Uctober 14 & 1~, 1YY~
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Commission Action
Department Head Siqnature: ._~
Dete~!nat~on of Consistency Planl
C.i,ty ~tto,rn.ey .Rev.le\:ll ~Rec.omm~n~atlo.n. .( ft' ·.appl·lc~b'J.e) t.,.. è : . . . '
. o. . .
.".. . '. .... .0.. .:... "', .' .:'¡.' °0.. eo" 0° . ," " . ...", : . .. :
.. .. '.' . ,
. . . ,
: . . '. 0 ..
, . . . '.
'.
Budget Direc t:.or Revi~w (required on al~ ite.~.lnvolviDq expenditure
of, f\,lnds): . o. -, '.. . " ., ...... " . .
0° . ,-\.. ,'. , . . '. . . . .
. '.' ..':.."'.. ".0. .... .,', '0'·· "," . '. '.
. '.:'- F'un:d1~g 'a~a¡iaObiel. . .." .: ' .
YES/ N9 '.
Fundinq alternatives: (if applicable)
'Account No. & Description: .
Account Balance:
City Manager Review:
Approved Cor aqenda: rfS,s, NO (It- !
Hold Until:
Agenda Co~rdinator Review: . .
Received: ,
l\ction: l\pproved/oisapproved
"
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q£ - MEETING OF SEPTEMBER 19. 1995
SOCIAL SECURITY OFFSET/DISABILITY RETIREMENT
DATE: SEPTEMBER 14, 1995
We have received a request from Mr. Ray Gerner that the City repeal
the Social Security offset for disability retirees from the Police
and Fire Pension Plan. A copy of his request is attached. Also
attached are copies of the Pension Board minutes from January 15,
1992, where they endorsed the request, and the actuary's letter of
July 22, 1991, stating that the annual cost to the plan would be
$17,034. When this was taken to the Commission on April 28, 1992,
the matter was tabled. No further action was taken.
Mr. Gerner is correct that Chapter 175 does not provide for the
Social Security offset. However, under Chapter 175, Mr. Gerner
would only receive a pension of 42% of his salary. Under our plan,
he receives 75%. A pension of 75% with the Social Security offset
is more than 42% without the offset (see excerpt of Chapter 175
attached) . For this reason, as well as those in Mr. Safford's
IIconclusionll in his memo of July 24th, as well as the high cost of
this benefit change, I recommend that Mr. Gerner's request be
denied.
j)~ 3&;;)
( 1ì2cb¡0ì tic¡ /ìld; 0/--
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ref:agmem022
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MEMORANDUM
To: David T. Harden, City Manager
Susan Ruby, ~
From: Joseph M. Safford, F .' e irector
Date: July 24, 1995
Subject: Social Security Offset- Ray Gerner (Disability Retirement)
Mr. Raymond Gerner, a former Captain with the Fire Department who retired on a disability on
September 1, 1981, is seeking to have his social security offset to his disability retirement amount ceased,
A summary ofthe activity involving Mr, Gerner is as follows:
Final Average Monthly Earnings- $1,894,16 /'f.ð33o;:. ,.2,5~;::::- ~"7.t?83..z)4
Years of Credited Service- 14.8333
Date of Birth- August 27, 1933
Beneficiary- Betsy Gerner (D.O.B. July 4, 1945)
Disability Retirement Amount- $1,313.26 per month
Joint and Survivor Option
$1,313 .26 to beneficiary for life following death of retiree
Benefit Payable Inception Date- September 1, 1981
CONCLUSION
The purpose of this memorandum was to review the files, ordinances, and calculations for Mr. Ray
Gerner. The retiree, based upon this review, has been overpaid $27,744,93 which is primarily the
Barrigan Case retroactive reimbursement to the retiree back to 1981 for workers compensation offsets
taken in those years, The Supreme Court, subsequent to this action, held that the Barrigan Case is not
retroactive prior to its date. The City took the position that we would not attempt to recover these funds
from the retirees since the actions taken by the Board Members were in accordance with the law at the
time the action was taken,
The City and the actuary are at a disadvantage in calculating correct disability pensIOns on an annual
basis since the Police & Fire Pension Board has not been requiring the retirees to submit an annual
accounting of their income, Other income is one of the factors needed to calculate whether there will be
an increase or decrease in the benefit adjustment formula which is required to be calculated each year.
The present ordinance is unnecessarily complex when it comes to offsets and benefit adjustments and
should be simplified to everyone's benefit. The ordinances should be updated to take out references to
workers compensation offsets which are no longer allowed per the Barrigan Case,
The social security offset for Mr. Gerner is expressly allowed by the pension ordinances and the offset will
cease on his 65th birthday (August 27,1998) according to this same ordinance, We find no valid reason
why the City would cease this offset prior to this time,
This office would recommend that a meeting be set up to review this memorandum and its conclusions
prior to contact being made with Mr. Gerner.
cc: Pension file of Me. Gerner
.
"L F\REFiGHTERS' PENSiON TRUST FUNDS F.S.1993 ~'i~~/~lJ']I~","~'
,odilied montn\Y lc) II both the retired Iirelighter and the benetlciary "",oeo"y \<0'0 a cause olMI Ihan" ,pedl\ed ,n ,ubsec-
ring tM ¡oint me- (0< besel\ciari") de,'goaled by him die belo<o Ihe lull tiolì (3), 'd' d
lìt ¡oint pelìsioner paymenl h'" beeo e\lecled uodel any oplion p,o"ding (3) A I\,elighle' w'" nol be enu"e '0 I~ce"e any "
wilìg tM death 0\ '0' paymOOls '0' a pe,iod cel,.in and IIle Ihe,ealle, ""illlY ,e"<omeo' ,ncome " 1M d"ab'''ty " a ,e.,ull 01.
:ent. or SO percent made pu,,,..nl '0 the p",v,~on' 01 pe",g"'ph (1)(C), ,I\e (a) Exce"ive and h"""u~ use by 'M ,,,eMhle, 0'
t 1e survivor lor tne _d 01 ITU,tees may, io i" di",..IiOO. di"'C' Ihat 'M drugs, intoXicants, or narcOtiCS',. . '
commu,ed value 01 'he lemalning paymenl' be paid In (b) ,niuIY 0' di",,,,e ,u,,",ned by 'M I"el\ghlel
\ (II retiremelìt pay- a \ump sum alìd in accordalìce with s' 175.181, While w,lIlullY and illegallY p>rt,~peI,og ,n I,ghl" ,,0", O!
)1 \ he board 01 trust· ld) It a lirelighter continues beyond nis normal retire- ciYiI in,u"ecl\on' 01 while com~,\I'og a c"me; .
as ,)1 the retiring lire- meo' date pol,uanl 101M p,ov"ioo, 01 ,. 175.162(1) (c) Iniu'y 0' di,e",e ,u"a,oed by ,he I"el\ghle'
and die' pdO< 1o hi, aelu~ <o1i..menl aod "",ile ao while serving\D any armed 10rceS', or .'
Ig a ,,¡y optiOIì 01 tnis opliOO made pu"uanl 10 Ihe p,,,,,"ion' 01 Ih" ,ee"on (d) Ini"'y 0' di,ea,e ,u,,.ioed by Ihe I"el,ghle, aile'
\siotler or beneliciary i' io e\leel. mon'hlY .."..meol income paymenls will be his emplOyment haS terminated" '
aneti, il any, payable made. 0< a ..",emenl benelil will be paid, uodel Ihe (4) No IlIe"gh,e' ,nail be pe"","ed 10 'el~<O uode'
; dea'h, and will have oplion '0 a benellciaf'/ (01 benelieie'ie') de,ignaled by the p",v"iOn' 0' Ih" ,eeUon unl" M " exam,ned by a
ltion i 'om time to time, 1M Ii",,'gh'e' 'n Ihe amouol 0' amOOn" compuled O' iI dUlY qualilied phy,ie"n O! se<geO!" '0 be 'ë,ecled by
aemed a neW election 'M Ii<olighw had <o1\<ed uode< Ihe op"on 00 the date 1M bOard 01 \!U5,ees '0' lha' pUlPO"" and" loond '0
I the bJard 0\ trustees. on which nls deatn occurred. be disabled 'n 1M deglOe and io ,he "",nnel spec<I..d
¡nt pe\1SiOner or one or (3) No f\retì9nter may maKe any change in his retire- io Ib'S seetion AnY ",e"Ohle< lO"ong undel Ib" ",el'OO
:fe apP icable, II a fire- meol opl\On aile' Ihe da'e 01 c",hin9 O! deposlling hi' ",~I be e"mined pel,QdicallY bY a dU~ Qual"'"" phY"
'ith a ¡O nt pensioner or tírst retirement cMGK. eian O! ""geon 0' bOa<d 01 ,,"ysieian, aod ,U,geOo" 10
inCome benefits have t\istorY.-s, 1. c\). 63-249; s, 2, çh. 65-58'. s. 10, ch, 81-168; s. 12, ch, 86--41. "" ,e'ecled bY 1M "",,,d 01 \!u,lees \O! Ibat pu'pO'" ,
changE his designated '0 dele,m'ne II ,ueh d,,,,bil\l; has ceased 1o e,,,I. .
)ut OD\Y il the board ot 175.181 Beneficiaries. - (5) ,be benelil' payable loa li,ellgblO! whO IOI"e'
ge and if the joint pen- (t) Each firelighter may, on a form provided lor that \<om Ihe ,eNice 0' a mu",c<pal'ty 01 spe~'.al I"e coo"ol
by him s alive when he pu,po"', Signed aod \\led wllb lbe _d 01 ,o>"ees, dis'<icl due '0 lotal aod penoanenl dl..bll'\; as a d"ee'
; nis re =\uest lor such designate a benel\claf'/ (01 be""lid..ie') '0 IOcelVe 1M <o,ull 0' . d"ab'''ty eom"",ndng pOOl '0 h" QO!m"
beneli\' \I aoy, whicb may be payable in the ",enl 01 h" 1O",emenl dale '5 ,be _thly.income paya~'e '01 10
ter's ¡oint pensioner or dea'h; and eaeb de,'goalloO "",y be revoKed bY ,ueh yea" ee,ta'n and ,,'e 10' wh!Ch. " 1M ,,,elighle' 5 d"abll
shall not be required, lilOlighle' by sign,ng ""d l\liog wllb Ibe _,d 01 \<u,tees IIY QCGù«ed 'n Ihe "ne 01 dUty. b" _th~ ""nel" ,b~1
"lay reCl Jest such evi- a neW deSignation-OI-beneficiary form. "" 'he aCC,ued 1O",emeo' be""I,'. pu' ,nail 00' be teSS
¡oint pE.nsioner that is (2) If a deceased firelighter lails to name a beneli- ,han 42 pc,,,,nl 01 b" avelOge _th~ ",WY al Ihe "me
and the amount 01 the dar! 'n lbe "",nn'" plO",'ibed ,n ,ub_"oo (I ). O! \I Ihe 01 di",b\lIlY. 1\ atlel 10 yea" 01 ",<v,ce 'M d"",b''''Y "
tíretígh\ef upon desig- bOnefidar! (0' benellci..ies) named by a deeea",d filO- o'he' 'han 'n lhe "oe 01 dU\;, the ,,,el,gble<' moO'blY
,a\1 be a~tuariallY rede- figblel plOdeeesse Ibe li..ligblO!, 'he dea'b bOoefil, iI beoelll ,bail be lhe aee,ued oo<mal le"lOmeo' benel'\'
age and sex of the for· anY. wbieb may be payable unde' 1M plan wi'h lO,peel bul shall nol be leSS IhaO 25 pl"cenl 01 hi' a'elOge
)ensioll,~r, and the tire- '0 ,uch decea",d filOlighle' may be paId, In ,be diselO- mODthlY salary at t\ì8 time 01 disability, . '
\ be mac'e ill writing on tíon of the bOard 01 trustees. either to: (6) ,he monlhly le",emeol ,oeome ,0"",!Cb a I"e-
Jstees and on comp\e- la) The wife or dependent children 01 tM firelighter, lighlel" enl\lled in lbe evenl 01 h" d"ab'''ty 1O,,,emenl
trustee:,. In tne event or ,hatl be payable on the f,,,1 day 01 1M ,,,,1 moo'b atlel
Jrvives \ he tíretíghter, (b) 1M dependen' "vlog palOn'S 01 lhe I\<elighle<· the bOard 01 \<u"e'" delelmine' such enl,tlemenl. How-
he event 01 the death History.-s. 1, ch. 63-249; s. 11. ch. 81-168 eve<, 'M monlhlY 1O"lOmeo' 'neome ,h~1 be payable as
is retire·nent shall be
115.191 Disabi\ity retiren'lent.- 01 Ihe dale the _,d dele<mine' seeb enli\\emen\, aod
lents st all be made (1 ) A. tirehghter naving 10 or more continUOUS years aM pOI"on due '01 a p..lial_Ib snail be p~,d logel"e'
dance ",lith the provi- 01 credlled ",,,,Ice aod "",ing conl"bU'ed '0 the 1i(O- wllh Ibe 1i,,1 paymen\. ,be Ia" p~ymen' w,1I be, " Ib:
Jbject to t\18 lo\\owing I<gble'" pel"ion 'Iu" 'und 10' '0 yee<S 0< mOle ma, 1i(OlIgble< (Oeove" I<om tbe dl..b<I'ty pno< to b" nom<'
(O,\<e 'n,m ,be ,e",iee 0' 1M muoiclpality 01 ,pedal Ii" 'el\lemeot dale, lbe paymen' due oe" p(Oced'og "
"lis norfT al retirement con \101 d is\l,el undel I be pia" \I, prio< '0 hi' """"'" (01i1O' date 0\ ,ueh ,eeover! 0<, \I "'" li(Oligh,e< d'" w,'bo
hever first occurs, no meo' date. be become' ,0'ally and pe,,,,,,nenl~ d" (Ocov«,og 1<0'" b" di",b"ity. Ihe paymeOI due ne" p
under lhe option to abled O' detined in sub,eelion (2) by (Oa",n 01 aOY eed'ng Ii" dealh 0' 'be 1200b _'liIY peymeo\. wh"
'Í. will be determined ceu,e o'bel ,",," a ceuse se' ou, io ,ub_"on (3) "" 0' eve' I' ..W. MY montblY IOli(Omen' ,ncome payme
a'W ,be efleelive date 01 Ibe plan. Such (OlilOmen' shall due allel Ibe dea'h 01 . d,,,,bled \\(OI<gbW ,ball be ,
f (or ber eticiaríes) or he,ein be (Ole"ed 1o", "d,,,,billty ..lilOmenl: Tbe p!!>'l'- '0 '00 li(Olighlel" d"igna'ed "...,licla!'! (01 bene'
etighter'S retirement sion' 10' d,,,,billty 01001 ,,,"0 line-ol-duty di",bllity ,nail rie') '" plovided iO S'. 115,'61 and 115201.
viii be canceled auto- nol applY '0 a membe' who hO' reached early 0< no<mal (7) II ,be bOS,d 01 \lu,'e'" liod' Ihat a I"e"ghle'
01 the "Iormal lorm retirement age, i$ !!!Ce,ving a d"abilllY IOIi(Omenl,ncomo ", al an,
: lirefigh'er upon his (2) A Ii,efigh,e, will be con'ide(Od ,otally d,,,,bled \I, p"OI '0 h'. nOl"",1 leli(Omeol date, no longel d'"
t been rnade, unlesS iO llie oplni"" 01 ,be bOS,d 01 \lu"ees, he i' wbollY p"- O' ",,,,,lded he,e,n, 1M bOa<d 01 \lUSlee.' ,hall Me'
lnce wit" t\18 proVi- ven,ed I<om ..ndeling usetul aod eflie;enl ",<vice '" a 1M disabilllY ..Ii(Omeol income ""d<scoO"nue'
liciary is designated li(Olig,,'e<; and a Ii,elighlel will be ,,,,,"ide(Od pe"""- COVer! 110m d,..",IiIY" O' used hele,n meaos ,be
merit and within 90 nenlly d,,,,bled i'. in lbe opioion 01 ,be _,d 01 \lU,lee" 01 Ihe li(Onghw 1o (Onde' u",ful aod ell'cleo'se'
lary. he I' liKely 1o rema'n '" disabled coO"nuQU$~ and pel' a firefighter.
1246
, Š/2S/9S TO: Joe Safford -- Please send me a copy of the 1992 record he ~.} \
referenced. Thanks! DTH/mld L .
RECEIVED
AlAY 2 .J '995
May 18, 1995 CITY M~'" '-""C' f)¡:-FICF.
Dear Mr. Hardin,
I am writing to you about the social security offset in the
Police - Fire Pension Plan.
In April of 1992 the Pension Board recommended to the City
Commission that the social security offset be dropped from the
plan. At that time the City Attorney Jeff Kurtz, told the commis-
sion that "affected only retired Fire Chief M. T. Jackson and
Fire Captain R. E. Gerner. This was not correct information. The
other person involved was Fire Lt. T. Fort, who retired in 1976.
I retired August 1931. Mr. Kurtz said that the potential was so
great for more members to be affected. If the potential is so
great why is that only Lt. Fort and myself are the only two who
have been affected over the years.
Lt. Fort turned 65 last year and the deduction has ceased.
I still have 3 years before I turn 65 and my deduction will cease
also.
We are the only plan that still uses this social security
deduction, nowhere in chapters 175 or 185 or Florida Statute 112
Florida Retirement System is this deduction used. I have researched
this for years.
I was a lobbist for the Florida State Firemans Association
when I was on their Board of Directors, and lobbied for a lot of
the changes in chapters 175 and 185.
I feel that this should be addressed again. In April 1992
the commission tabled this request from the Pension Board and I
can't find anywhere that it came in front of the commission again.
Sincerely
'//\~¿AV~
Raym nd E. Gerner
Retired Fire Captain
City of Delray Fire Department
1234 S . Congress Avenue
Delray Beach, FL 33445
cc: City Commissioners
.
,-,--'-~ -. GI'TY OF DELRAY BEACH POT "E & FIRE FIGHTERS RETIREMENT S",' ""EM
JANUARY 15, 1992
PAGE 2
.
2. STEVE CYPEN - DISCUSSION OF BOARD COMPOSITION & CONFIDENTIALITY OF MEDICAL
RECORDS: cont'd.
He presented the Board wi th a form that would be signed by the person seeking
disability. This form would authorize a waiver of 'confidentiality -. of medical
records. Per Mr. Cypen's suggestion, the form will be added to the disability
application form presently used.
3. DISCUSSION OF MEMO FROM FINANCE DEP ARTMENT - RE: COMPENSATION INCLUDED IN
PENSION CALCULATION:
Lt. Adams stated that what he was hoping to receive from Finance was a breakdown
that would indicate how pension benefits would be determined. ,
He stated that the information received was not exactly what he requested.
Individual Benefit Statements: Mr. Cypen suggested tha.t generally, for a fee,
the actuary will prepare a benefit statement for members of the plan.
\
.
Mr. Weekes suggested that the Administrative Assistant contact Steve Palmquist
who then could determine the cost of preparing the statement.
4. BOARD APPROVAL - REQUEST OF ORDINANCE CHANGE ON THE 25% DISABILITY NON-
SERVICE & SOCIAL SECURITY OFF-SET:
Lt. Brown stated that the July minutes made reference to the proposed changes,
I
but that a motion and the vote were not verified.
The City Manager's office is requesting verification of the Boards approval for
the proposed changes to the ordinance.
Major Lincoln made the motion to approve the proposal as rendered. Chief
Wigderson seconded the motion, all in favor, none opposed.
Mr. Cypen stated that he did not recollect the specifics of the 2 ~% social
security off-set.
.-~
Officer Arena stated that Kruse, 0' Connor & Ling sent a letter to the Board on - - - .....
June 17, 1991, which indicated the cost to eliminate the off-set of social ' .' 0"
security benefits against the systems disability benefit. The cost would be
approximately $17,000.00
Mr. Cypen stated that a motion to request a change whereby the minimum benefit
for non-service disability will be 25% and that there would be no social
security, off-set, of any kind, against disability off-set.
Maj or Lincoln amended his original motion to reflect the language Mr. Cypen ..
stated. Chief Wigderson seconded the motion, all in favor, none opposed.
.
JANUARY IS, 1992
PAGE 3
~
4. BOARD APPROVAL - REQUEST OF ORDINANCE CHANGE ON THE 25% DISABILITY NON-
SERVICE & SOCIAL SECURITY OFF-SET: cont'd.
Mr. Cypen stated that the City should take into consideration that there may
be one or more persons currently suffering the off-set and the ordinance change
should be drawn in such a way as to apply only to retirees after the effective
date of the ordinance change.
Mr. Weekes stated his concerns on behalf of Mr. Ray Gerner.
He stated that for months Mr. Gerner has attented pension board meetings with
numerous problems related to his retirement and disability 'benefit. These
problems have caused Mr. Gerner both physical and mental harm; and he feels
something should be done to assist Mr. Gerner in rectifying his problems.
Lt. Brown stated that he shared Mr. Weekes concerns. He stated that the City
has to take immediate action on the ordinance change since the Board has voted
twice on this subject.
\,
Lt. Brown stated that, as required, an impact study has been obtained showing
that there would be a minimal cost impact.
Mr. Cypen again' stated that Mr. Gerner would have to contact the City concerning
his re-imbursement and the payment would be received from the City not the
pension fund.
Mr. Gerner stated that he contacted the City and was told that the City would
not act without the recommendation from the Board.
Mr. Cypen asked Mr. Gerner if he had been paid back to the period of time retro-
active to Barrigan in 1989?
Mr. Gerner stated that he had.
i
Mr. Cypen stated that Mr. Gerner was now relying on the Amsell case which states
that re-imbursements are retro-active to the date the off-sets began which would
be a period of time prior to Barrigan.
He suggested that Mr. Gerner obtain an attorney and force the City to pay him.
Mr. Gerner stated he was told by the City (Finance Department) that they would
be willing to re-imburse him the additional monies only upon the written request
of the Board.
Mr. Cypen stated for the record, his opinion is that this is an obligation of
the City and not the pension board.
Mr. Cypen stated with regard to Mr. Gerner's potential lump sum settlement, it
would be appropriate for the Board to request the actuary to determine Mr.
Gerner's life expectancy since the Board is required to make the adjustment based .
upon this information.
.---..--..----.-.--.-- -- ..--. . -'..-
.
..;ITY OF DELRAY BEACH POLICE & FIRE FIGHTERS R1c., : lŒMENT SYSTEM
\ JÂNUARY 15, 1992
PAGE 4
-
4. BOARD APPROVAL - REQUEST OF ORDINANCE CHANGE ON THE 25% DISABILITY NON-
SERVICE & SOCIAL SECURITY OFF-SET: cont'd.
Mr. Cypen stated that after Mr. Gerner were to agree to a lump sum settlement
he should return to the Board. At that time, the Board would use the standard
acturial tables to obtain his life expectancy and then determine the amount
of his monthly pension benefit.
5. IMPACT OF NEW DISABILITY ACT:
Mr. Cypen stated that he did not know how this would impact the City's policy,
but he felt it would have an impact on the pension fund.
Major Lincoln stated that since cities are no longer able to use'the medical
exam as a pre-screening mechanism for determining if someone is fit for
hiring; does the Board have the same responsibility. Meaning does the Board
have to allow a person to enter the fund only to have to pay-off on a possible
disability request in a short period of time.
\. stated that there difference between the and the Board.
Mr. Cypen is a City
The Board does not hire.
He stated that the Board would have to make sure that the City's physical exam
is well done and if any pre-existing condition should exist it should be
detailed completely. Also, a copy of the physical exam, and the findings
should be given to the Board immediately.
6. OTHER BUSINESS:
-Officer Shinholt's Disability Request: The Administrative Assistant
informed the Board that each physican who administered care was contacted in
writing and requested to release a copy of their medical report to Dr. Bebout.
Once the reports are received/reviewed by Dr. Bebout an appointment will be
scheduled for Officer Shinholt to meet with Dr. Bebout. ,
-Re-imbursement from Mrs. Wickert: The Administrative Assistant informed
the Board that Officer Arena sent a letter to Mrs. Wickert requèsting the
$306.30 re-imbursement.
At the next meeting, the Board will be made aware of how Mrs. Wickert wishes
to re-pay the money.
, ' -Approval of Warrants 1142 & 43: Lt. Adams made the motion to approve
Warrant /142. Chief Wigderson seconded the motion, all in favor, none opposed.
Lt~ Adams made the motion to approve Warrant #43. Major Lincoln seconded
the motion, all in favor, none opposed.
..
Lt. Brown stated that he is working on locating a new site, possibly City
Hall, for the Board to hold their monthly meeting.
.
KRUSE. O'CONNOR AND LING IN"C. ¡:-ORT I, Al!DE:FiOAI.E OFFICI::
WE;s'r BROW"'Iõ!D PRö"I~$ION"L aJ..>n..DING
7~:tO ORII'''!N AQAC, ~U''I'!; 1100
. rOflt I..¡',UCE:RC.I.\..C. "LORIO'" ",331.
~, a~t-Gt.t~ (:¡O"» ,.s:lI-!iB6ð
NORTH /çe;N'fFlAL "'I_O~IO"" O"'I"ICE:
101 !50UTHE,.,:!iT SIrÇONO ÞLACE, SUI'!"" 201
G"I~;t:5vILLE, rcORID.. .3!eOI
(DC-I) :I"~':HIQf.)
I'IItP1.... TO n:)I~" ~"'UOi:"O"'L.1
July 22, 1991
Mr. Salvatore Arana, Secretary
Delray Beach Police & -
Firefighters Pension Board
300 West Atlantic Avenue
Delray Beach, Florida 33444~3666
Dear Sal:
At its July 17, 1991 meeting, the PensiQn Board asked us to determine the cost effect of aliminating
the offset of Social Security benefits against the System's disability benefit. This change would raise
the required City contribution by $17,034, or 0.22% of covered payroll, from $1,144,257 to
$1,161,291.
Also, as requested by the Board, we are enclosing a replacement for page 1 of our October 1, 1990
Actuarial Valuation Report. As you will recall, the headings of -Last Valuation" and ·Current Valuationll
ware transposed.
Please contact us If there are any questions regarding these matters.
Sincerely yours,
.k-:t¿~,·c!'~~ fjcL~i '---~-.Jb:
J, Stephen Palmquist i,
JSP/mm
Enclosure
.
¿ S Wt'I2'-1\1' e¡' ~~.d.Ma
cOd LICI ÐNIl S dONNOJ,O 3Snd~ 802~:J 15L SO E: I I : S I SO-LO-S551
.
.
MeMo CITY Of DElRAY BEACII~ t3
TO: Mr. Harden DATER ~t-~~VÈD
Sherry Muehlberg~
FROM:
i JUl - 5 1995
SUBJ: Ray Gerner - Social Security Offset
CITY M~··· - -:--.~ ('IF~ln,
I again verified with Anne Woods who told me that
none of the Police and Fire Pension Plan disability
retirees are submitting annual statements to the
Board showing the amount they received from Social
Security, Work Comp, etc. She also stated that
the Board has not requested these statements from
the retirees or made mention of same (to her
recollection).
I have requested a copy of the June 17, 1991 letter
(as referenced in the January 15, 1992 minutes--copy
attached) from Kruse, O'Connor and Ling as I do not
have a copy of this letter or any other type of formal
actuarial statement relative to this item.
Steve Palmquist and his assistant, Lisa Castronovo,
will both be out of the office until July 18, 1995.
If you have questions, Barbara Ochipinti may be able
to assist you, however, she only works until 12:15
every day. Kruse's number is 305-791-5888.
I
1993
.
K
--' '. -
KRUSE, O'CONNOR AND LING INC. F"ORT L"UOERO"LE OF"FïC.E:
W£5T BROWARC f"ROF'E5510N"L IIUILCINO
73i!0 GRIF'F'IN 1'10"0, Sl,/lTt aoo
"O"'T \.ÁUc>r.RCI"L.t, fL.O""PÁ J,33''''
~ tUrd' ~~ (30~) ,,,, eeee
NOATH ICENTRAL F"LOAltJA OF"F"lCE
10' SOVTHE"!)T 5ECONO "L"CI:, SUITt 201
. ~"' Ni~"ILL.£. F'LORIO... 3:tC\OI
(90"') :!7!S' 3800
April 27, 1992 "'tilL.... '1'0 "0"''' L"UOI: I OALE
Mr. Robert Brown, Chairman
Delray Beach Police &
Firefighters Pension Board
300 West Atlantic Avenue ~
Delrey Beach! Florida 33444-3666
Re: Disability Benefit for Ray Gerner
Dear Bob:
Based on a lump sum payment of $80.000.00 from Workers' Compensation, wo have completed the
calculation to determine whether an offset will apply ltgainst Mr. Gerner's disability benefit. Per
Section 33.62(C)(5)(e) of the City's Code and life expectancy figures set forth in IRS
Regulation 1.72-9, the lump sum translates into a monthly payment of:
$80,OOO.00{(12 x 25.0 yeare) = $266.67
When this amount Is added to the original disability benefit prior to offsets, the result is:
$1,313.26 + $266.67 ~ $1.579.93
Since this total is less than Mr. Gerner's average monthly earnings of $1,894.16, no offset for
Workers' Compensation should be taken.
Mr. Gerner's original disability benefit from Social Security was $567.50: and he started receiving a
cost of living adjustment of $159.78 in 1988. As a result, his new monthly benefit should be:
~
$1,313.26. $567.50 + $159.78 """ $905.54
The new amount should have begun on the first day of the month following the month in which he
received the lump sum settlement from Workers' Compensation. (\.t.)"-.. \- "n " ,;""" <.:~v\ \ \ '>I.,,->~:-r
c:k",A=~>~\. (""-'2. ~a -s-= '1 ':2-) .
Should you have any questions, please do not hesitate to contact us.
Sincerely yours,
i :t /') Q, ,~-
.l" ~,~{."" - tC\. ~·-7J~ .~' -
J. Stephen Palmquist'
JSP/mm .
GOd tOO ÐNli ~ ~ONNOJ,O 3sn~~ 80G8 18L S08 c,c,:pn (1Ç'-Q()_Ç'CCT
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # C¡H - MEETING OF SEPTEMBER 5. 1995
SOCIAL SECURITY OFFSET/DISABILITY RETIREMENT
DATE: SEPTEMBER 1 1 1995
We have received a request from Mr. Ray Gerner that the City repeal
the Social Security offset for disability retirees from the Police
and Fire Pension Plan. A copy of his request is attached. Also
attached are copies of the Pension Board minutes from January 15,
1992, where they endorsed the request, and the actuary's letter of
July 22, 19911 stating that the annual cost to the plan would be
$171034. When this was taken to the Commission on April 281 1992,
the matter was tabled. No further action was taken.
Mr. Gerner is correct that Chapter 175 does not provide for the
Social Security offset. However, under Chapter 175, Mr. Gerner
would only receive a pension of 42% of his salary. Under our plan,
he receives 75%. A pension of 75% with the Social Security offset
is more than 42% without the offset (see excerpt of Chapter 175
attached) . For this reason, as well as those in Mr. Safford's
"conclusion" in his memo of July 24th, as well as the high cost of
this benefit change, I recommend that Mr. Gerner's request be
denied.
On 91s19~ ø m~. ~tß.5 e.E8áéS~)
jJ OS-rpc; n€:éJ 10 9'/19/9S- wh6n /lJ/l(¡o¿Ú(nC!-h
ú.J // / bE- p~ESE/),
ref:agmem022
Aic~¡' CITy OF 0EI.R~r BE4cH
"'0: f1J::. ElaJ::dell
F ROfltf : 8he~~y '<"ehlbe~g~ OA1"~¡f¿ì:?¡WO
SU8J: l?ay GeJ::lleJ:: S
- Octal 8ec"~ity DEEse till _ 5 I99s
I agaill" . .
e~>E>ed ' CITy""." "'"
nOne °E the P , ">th <lnne "'0 d "C'''',
' ol>ce 0 s "ho t "
~et>~ees a~e s"b~' and Þi~e Pension old ~e that '
:oa~d Sho"ing the >tt>ng ann"-l Stat Plan disability
eC"~ity ~ k a~O"nt they e~ents to th
h , o~ C ~eCet e
t e lJoa~d h o~p, etc 8h ~ed ho~ 80 '
as nOt . e al c>al
the ~ett~ee. ~eq"ested the So Stated that
~ecolleCtion) o~ ~de ~ention OEse State~nts E~o~
' sa~e (to hec
I ha"e
( J::equested a
as ~eEe~enced' COpy OE the J
¡ttached) E~o~ l(~: the Jan"a~y 15 "~e9;:' 1991 lette~
a~e Se, O'C , ~i
a COPy °E th' onno~ and L' n"tes__Copy
act"a~tal >s lette~ >ng a. 1 d
State~nt ~el ,o~ any Othe~ t 0 nOt
8 at>~e to th' , YPe 0E Eo,," 1
te~e Pal , >s >te~. a
~ill b ~qU~St alld hi
IE Oth be o"t OE th s asstStant, Lisa C
t yO" ha~e q"eSt, e oEEice "nttl ast~ono~o
o aSstSt yO" h >ons, Ba~ba~a OCh' ,J"ly IS, 1995'
e~e~y day. l(;"s:~e~e~, she Only "O~k~nti ~y be abl~
n~be~ is 305 7 "nt>l 12:15
- 91-5888.
fl
1993
, '.. ¥' .
)4&1110 CITY OF OElRAY BEACH~ t3
TO: Mr. Harden DATER~t-gîVèD
Sherry Muehlberg~
FROM:
JUl - 5 1995
SUBJ: Ray Gerner - Social Security Offset
CITY M"" - -_.~ (\qÎ!~~.
I again verified with Anne Woods who told me that
none of the Police and Fire Pension Plan disability
retirees are submitting annual statements to the
Board showing the amount they received from Social
Security, Work Comp, etc. She also stated that
the Board has not requested these statements from
the retirees or made mention of same (to her
recollection).
I have requested a copy of the June 17, 1991 letter
(as referenced in the January 15, 1992 minutes--copy
attached) from Kruse, O'Connor and Ling as I do not
have a copy of this letter or any other type of formal
actuarial statement relative to this item.
Steve Palmquist and his assistant, Lisa Castronovo,
will both be out of the office until July 18, 1995.
If you have questions, Barbara Ochipinti may be able
to assist you, however, she only works until 12:15
every day. Kruse's number is 305-791-5888.
,
1993
.
" "- DK
RECE'VED rÞi
SEP 1 1 1995
£IT' DF DELRR' HEREM CIWMP" . ~ n¡:FICF.
CITY ATTORNEY'S OFFICE 2l1o t;\\i 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
........
AII·America City MEMORANDUM
" III!
DATE: September 7, 1995
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Anchor Park Amended and Restated Lease Agreement with Palm Beach
County
The amended and restated lease of Anchor Park extends the original term of the lease
from July 31, 2008 until 38 years from the date of full execution of the lease.
The lease provides that alterations of $25,000 or more require a review and approval of
the plans and specifications by the Director of Palm Beach County's Parks and
Recreation Department, which approval shall not be unreasonably withheld. The
Director indicated that this provision was necessary in order to ensure that adequate
parking remained after any alteration.
The City is to maintain the property and alterations during the lease term.
By copy of this memorandum to David Harden, City Manager, our office requests that
the Anchor Park Amended and Restated Lease be placed on the September 19, 1995
agend rC' Commission consideration.
cc: David Harden, City Manager 9ÆJ
Alison MacGregor Harty, City Clerk J
Joe Weldon, Director of Parks and Recreation C~\lqlq5
anchor. sar
C¡·F'
® P'inff:',"1 (:-'1 qe(~}/cfed Par'!er
.
'.
B'óard o{C:ounty Commissioners County Administrator
Ken L. Foster, Chairman Robert Weisman
Burt Aaronson, Vice Chairman
Karen T. Marcus Facilities Planning, Design &
Carol A. Roberts
Warren H. Newell Construction Deparbnent
Mary McCarty
Maude Ford Lee
August 30, 1995
Susan Ruby, Esquire
city Attorney
city of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Anchor Park/Amended and Restated Lease Agreement
with City of Delray Beach (Lessee>
Dear Ms. Ruby:
In response to the City's request to locate its lifeguard
headquarters at Anchor Park and to extend the term of its Lease
with the County, we are submitting the above-referenced Agreement
for your review.
This Agreement amends and restates the City's current Lease (R78-
941) in its entirety, thereby updating the terms and conditions for
the City's extended use of the Property to ,current County
standards.
If this Agreement is acceptable please arrange for the execution of
the three originals enclosed and the return of same to me. Upon
receipt I will schedule this matter for consideration by the Board
of County Commissioners.
Please do not hesitate to contact me if you require any additional
information.
SincerelY'Í!L ct:ÎiJJ
Arthur Kahlenberg
Real Estate Specialist - -- '"------.-----.----
AK/nmr
encl
c: Ross C. Hering, Director, PREM AUG 3 I 1995
Ellie B. Halperin. Assistant County Attorney U'L'----
Tim Granowitz, Parks & Recreation :¡1<_
Joe IJaldon -~
Project File
ruby. let "An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paptlf 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 (407) 233-0200
Adm. FAX: (407) 233-0206 Premo FAX: (407) 233-0210 cm FAX: (407) 233-0270
.
.
.
COpy
...............................................*.**....*...*.....
PALM BEACH COUNTY
AMENDED AND RESTATED LEASE AGREEMENT
between
PALM BEACH COUNTY
(Lessor)
and
THE CITY OF DELRAY BEACH, FLORIDA
(Lessee)
.*.......*.......................................................
..
.
TABLE OF CONTENTS
PAGE
ARTICLE I BASIC LEASE PROVISIONS
section 1. 01 Prem i ses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
section 1.02 Length of Term and Commencement Date.......... 1
ARTICLE II RENT
section 2.01 Annual Rent................................... 1
section 2.02 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE III CONSTRUCTION OF LEASED PREMISES
section 3.01 Acceptance of Premises by Lessee.............. 2
section 3.02
(a) Lessee's Work.....................·............ 2
(b) Al terations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES
BY LESSEE
section 4.01 Use of Premises............................... 2
section 4.02 Waste or Nu isance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
section 4.03 Governmental Regulations..... '. . . . . . . . . . . . . . . . . 2
section 4.04 Non-Discrimination............................ 3
section 4.05 Surrender of Premises......................... 3
ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES
section 5.01 Responsibility of Lessor and Lessee........... 3
section 5.02 Responsibility of Lessee Regarding Alterations
and Personal Property........................ 3
ARTICLE VI INSURANCE AND INDEMNITY
section 6.01 Liability Insurance........................... 3
section 6.02 Indemnification .............................. 3
ARTICLE VII DESTRUCTION OF LESSEE'S ALTERATIONS
section 7.01 Damage or Destruction by Fire, War
or Act of God... ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE VIII UTILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE IX ASSIGNMENT AND SUBLETTING
section 9.01 Consent Required.............................. 4
ARTICLE X DEFAULT OF LESSEE
section 10.01 Events of Default............................. 4
section 10.02 Waiver, Accord and satisfaction............... 4
ARTICLE XI QUIET ENJOYMENT
section 11.01 Lessor · s Covenant...........................:. 5
ARTICLE XII MISCELLANEOUS
section 12.01 Entire Agreement...........................:.. 5
section 12.02 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
section 12.03 Brokers Commission............................ 5
section 12.04 severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
section 12.05 captions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
section 12.06 Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 12.07 Liability of Lessor........................... 6
Section 12.08 Waiver of Jury Trial.......................... 6
section 12.09 Governing Law-................................. 6
section 12.10 Time of Essence................................6
section 12.11 Benefit and Binding Effect.................... 7
Exhibits
Exhibit "A" Legal Description of Lessor's Property........ 8
Exhibit "B" site Plan..................................... 9
.
AMENDED AND RESTATED LEASE AGREEMENT COpy
THIS AMENDED AND RESTATED LEASE AGREEKENT, made and entered
into this _ day of , 1995, by and between PALM BEACH
COUNTY, a political subdivision of the state ot Florida,
hereinatter referred to as "Lessor" and the CITY OF DELRAY BEACH,
a 'Florida municipal corporation, hereinafter referred to as
"Lessee".
WITNESSETH:
WHEREAS, Lessor is the owner of certain real property in Palm
Beach County, Florida, commonly referred to as Anchòr Park, as said
property is legally described in Exhibit "A" attached hereto and by
reference made a part hereof (the "Property"): and
WHEREAS, Lessor and Lessee entered. into a Lease Agreement
dated August 1, 1978 under Resolution No. R78-941 (the "Initial
Lease" ) for Lessee's use of the Property as a beach support
facility for the Delray Public Beach: and
WHEREAS, the parties desire to enter into this Amended and
Restated Lease Agreement to allow Lessee to locate its lifeguard
headquarters on the Property and to extend the term of the Initial
Lease.
NOW THEREFORE, for and in consideration of the premises and
the mutual covenants hereinafter set forth, the parties hereby
amend and restate the Initial Lease in its entirety upon the terms,
covenants and conditions hereinafter set forth.
ARTICLE I
BASIC LEASE PROVISIONS
section 1.01 Premises.
In consideration of the rents, covenants and agreements
hereinafter reserved and contained on the part of the Lessee to be
observed and performed, the Lessor demises and leases to the
Lessee, and Lessee rents from L,essor, the real property legally
described in Exhibit "A" attached hereto, together with all
improvements located thereon, as depicted on the site Plan attached
hereto as Exhibit "B" (the "Premises").
section 1.02 Length of Term and Commencement Date.
The term of the Initial Lease commenced on the first day of
August, 1978 and was to expire on July 31, 2008. The term of this
Amended and Restated Lease Agreement shall commence upon the full
execution of this Lease (the "Commencement Date") and shall extend
for a period of thirty-eight (38) years thereafter, unless earlier
terminated pursuant to the terms hereof (the "Term").
ARTICLE II
RENT
..
section 2.01 Annual Rent.
Lessee shall pay Lessor for the use and occupancy of the
Premises an annual Rent of One Dollar ($1. 00) , payable on the
Commencement Date and each subsequent anniversary thereof. Rent
shall be made payable to the Palm Beach County Board of County
commissioners and shall be delivered annually in advance to Palm
Beach County Finance Department Revenue Section, P.O. Box 4036,
West Palm Beach, Florida 33402.
section 2.02 Assessments.
During the Term of this Lease, Lessee shall pay before
delinquency all assessments which may be levied by any governmental
authority against the Premises or Lessee's Alterations constructed
on the Premises.
1
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ARTICU III
COKSTRUCTIOø OF LIASBD PRBMISBS
See~ioD 3.01 ~ec.ptaDee of ,pre.i.es ~y LeBsee.
LesseG certifies that Lessee hae been ln possesslon of the
Premiees since August 1, 1978 and acoepts same "As Is", ln its
existing oondition as of the Commencement Date of this Léase. No
repair work, alterations, ot remodelinq of the premi..e is required
to ~. done by Lessor as a condition of this Leaee.
Section 3.02 (a) Lessee's Work.
Lessee agrees, to perform at its own cost and expense all work
which 1s necessary to fully equip and maintain the Pre.ises for the
lawful use of the Premises as specified in Section 4.01 of this
Lea.e.· .
(~) AlteratioDs. Any installation, alteration, improvement,
addition, or modification to the Premises by the Lessee
(hereinafter collectively referx-ed to as "Alt.eratrons"), the value
of which exceeds Twenty Five Thousand Dollars ($25,000), shall
require the prior written consent of Lessor in each instance.
Lessee shall submit de~ailed plans and speclfications for all such
Al terations to the Director of Palm Beach County'" Parks and
Recreation Department for Lessor' s written approval prior to Lessee
com~encing work on sa~e, which approval shall not be unreasonably
withheld. The Director shall' use due diligence in reviewing the
plans. Lessee agrees and .!acknowledges that all Alterations,
whether pursuant to this Section or otherwise, are performed and
accomplished solely for the benefit and convenience of Lessee, and
not for the benefit of Lessor, such Alterations being nevertheless
subject to each and every provision of this Lease. All work done
by Lessee in connection with any Alterations~ repa~rs and'
maintenance on the Premises shall be done in a gObd and workmanlike
manner and shall be diligently prosecuted to completion strictly in
accordance with the plans and specifications therefor.
AIlTICLB :n
CONDUCT OF BUStN£S8 ARD VSB OF paENIISS BY LBSSIE
Seotion 4.01 Use of Premises.
Lessee shall use the Pre1l)1ses solely' and exelusively to
provide for the continued availability of additional beach parking
and as a beach support facilit.y for public use. In addition,
Lessee shall have ~he right to locate thè City of Delray Beach's
lifeguard headquarters on the Premises. Lessee ehall not use,
permit or suffer the use of the Premises for any other purposes
whatsoever without the prior written consent of Lessor.
seotion 4.02 Waste or øuisance.
Lessee shall not commit or suffer to be committed any waste
upon the Premises or any nuisance or other act or thing ~hich may
result in damage or depreciation of value of the Pre.ises or which
may affect Lessor's fee interest in the Premises. Lesse. shall not
use, maintain, store or dispose of any contaminants including, but
not limited to, hazax-dous or toxic substances, chemicals or other
agents used or produced in Lessee's operations on the Premises in
any manner not permitted by law. All refuse is tø be removed from
the Premises at Lessee's sole cost and expense and Lessee will keep
such refuse in proper fireproof containers on the interior of the
Premises until removed. Lessee will keep the access to the
Premises, the parking areas and other contlquous areas to the
Premises free and clear of obstruotion. Lessee, at its sole cost
and e:xpense, will keep the Premises free of rodents, vermin and
other pests. .
section 4.03 Governmental Regulations.
Lessee shall, at Lessee's sole cost and expense, comply with
all ordinances, laws, statutes 'and regulations promulgated
thereunder of all county, munieipal, state," federal and other
"
2
"
,
applicable governmental authorities, now in force, or which may
hereafter be in force, pertaining to 1>essee, its use of the
Premises, or the Premises generally.
Section 4.04 Non-Discrimination.
.- Lessee shall assure and certify that it will comply with Title
IV of the civil Rights Act of 1964 (PL 88-352) and, in accordance
with that Act, shall not discriminate against any individual's
race, color, creed, sex, national origin, age, handicap, or martial
status with respect to any activity occurring on the Premises.
Lessee further agrees that all facilities located on the Premises
shall be open to the general public and shall be available for use
by the general public on the same basis as residents of the city of
Delray Beach.
section 4.05 Surrender of Premises.
Upon termination or expiration of this Lease, Lessee shall
remove Lessee's personal property and removable fixtures and
equipment from the Premises and shall surrender the Premises to the
Lessor in the same condition the Premises were in as of the
Commencement Date of this Lease, reasonable wear and tear excepted.
Upon surrender of the Premises , title to any and all remaining
Alterations shall revert to Lessor.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
section 5.01 Responsibility of Lessor and Lessee.
Lessor shall not be obligated or required to make or conduct
any maintenance or repairs whatsoever to the Premises. All
portions of the Premises, and all Alterations constructed on the
Premises, shall be maintained and kept in good repair and condition
by Lessee at Lessee's sole cost and expense.
section 5.02 Responsibility of Lessee Regarding Alterations and
Personal Property.
All Alterations and personal property of Lessee shall remain
the property of the Lessee at Lessee's sole risk for the Term 'of
this Lease.
ARTICLE VI
INSURANCE AND INDEMNITY
section 6.01 Liability Insurance.
Lessee shall, during the entire Term hereof, provide Lessor
with a certificate evidencing self-insurance coverage for
comprehensive general liability in the amount of $100,000 per
person and $200,000 per incident or occurrence. In the event the
Legislature should change the Lessee's exposure by statute ab~ve or
below the sums insured against, the Lessee shall provide insurance
to the extent of that exposure.
section 6.02 Indemnification. .
Lessee shall, to the extent permitted by law, indemnify and
save harmless the Lessor from and against any and all claims,
suits, actions, damages and/or causes of action arising during the
Term of this Lease for any personal injury, loss of life and/or
damage to property sustained in or about the Premises by reason or
as a result of the use and occupancy of the Premises by the general
pUblic and by the Lessee, its agents, employees, licensees and
invi tees, and from and against any orders, judgements, and/or
decrees which may be entered thereon, and from and against, all
costs, attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. Nothing herein shall
constitute a waiver of the sovereign immunity of either party,
3
section 12 .11 Benefit and Bindinq Effect.
This Lease shall be binding upon and inure to the benefit of
the legal representatives, successors and permitted assigns of the
parties hereto.
. XN WXTNESS WHEREOF, the parties hereto have duly executed this
Lease as of the day and year first above written.
PALM BEACH COUNTY, FLORI DA, A
ATTEST: POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
Dorothy H. Wilken, Clerk
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM COP'I
AND LEGAL SUFFICIENCY
County Attorney
ATTEST: LESSEE,: CITY OF DE~Y BEACH, FLORIDA
By: By:
city Clerk Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
city Attorney
H:mmr\agreemnt\ønchor.del .,
08/22/95
7
.
.
EXHIBIT nAn
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
Parcell:
The South Seventy-nine and four tenths feet (S 79.4') of Ocean Beach Lot
Thirty-one (31), frontine¡ on Ocean Boulevard, city of De1ray Beach,
Florida, lyine¡ and beine¡ in the fractional East one-half of Section 16,
Township 46 South, Rane¡e 43 East, accordinq to the Plat thereof on file
in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 1, pae¡e 25.
PCN: 12-43-46-16-22-031-0010
Parcel 2:
The North 80 feet of Beach Lot 31 and the South 1 foot of Beach Lot 30,
in the city of Delray Beach (formerly Linton), Florida, according to
Plat thereof on file in the office of the Clerk of the Circuit Court of
Palm Beach County, Florida, recorded in Plat Book 1, page 25.
PCN: 12-43-46-16-22-030-0020
Parcel 3:
The North 100 feet of Beach Lot 32, Plat of Fractional East Half of
section 16, Township 46 South, Range 43 East, according to the plat
thereof on file in the office of the Clerk of the Circuit Court in and
for Palm Beach county, Florida, recorded in Plat Book 1, page 25.
PCN: 12-43-46-16-22-032-0010/0020
~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~y MANAGER
SUBJECT: AGENDA ITEM # Cf·c;.- MEETING OF SEPTEMBER 19. 1995
REJECTION OF BIDS/ATLANTIC AVENUE AND MIRAMAR DRIVE
STORMWATER PUMP STATION
DATE: SEPTEMBER 15, 1995
This is before the Commission to consider rejecting all bids
received for the Atlantic Avenue and Miramar Drive Stormwater
Pump Station and authorize staff to advertise and re-bid the
project. The low bid of $786,260 was well above in-house and
consultant estimates for the project.
Following receipt of the bids, a review of the plans and specifi-
cations was conducted by City Staff and reviewed by Hazen and
Sawyer. Based on their findings, the consultant is recommending
that the City reject all bids and readvertise the project with
the revised bid documents, making the prices more commensurate
with the Engineer's original estimate.
Recommend rejection of all bids, and authorize readvertising the
project with revised bid specifications.
(lppJ~ 6--Q
.
"
Agenda Item No. 9· G . ..
AGENDA REQUEST
Date: September 15, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: September 19, 1995
Description of item (who, what, where, how much) : Bids for Atlantic
Avenue and Miramar Drive Stormwater Pump station Project were
received and opened on August 29, 1995. Douglas N. Higgins, Inc. was
the apparent low bidder with a price of $786,260.00. A complete bid
tabulation is attached for the review. The engineers estimate for
the Project is $623,164.00; or $163,106.00 lower than the actual low
bid received.
Following receipt of the bids a review of the Plans and
Specifications was conducted by City staff and reviewed by Hazen and
Sawyer. Value engineering revisions and clarifications were made in
order to induce lower bid prices. The number of bid items in the
proposal has been expanded to clarify the scope of the individual
work items.
Based on the above, the consultant is recommending that the City
reject all bids and readvertise the project with the revised bid
documents (see attached correspondence). By doing so the City should
realize a substantial reduction in bid prices which are more
commensurate with the Engineers original estimate.
ORDINANCE/RESOLUTION REQUIRED:
Department head
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 tJ/Æ
Funding alternatives (if applicable)
Account No. & Description #0 F1A1'I/) íN &- I III V~¿ vt:i
Account Balance c/51~-t~
e.,1'~(9r
city Manager Review: @NO 87í1
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
,.
Memorandum
TO: David T. Harden, City Manager
FROM: Dan Beatty, City Engine~
DATE: September 15, 1995
RE: Rejection of Bids
Atlantic Ave / Miramar Drive Pump Station (Project No.
95-30)
-----------------------------------------------------------------
Attached is an agenda request for the September 19, 1995
Commission Meeting. Also attached is supporting information
reflecting the Atlantic Ave / Miramar Dr Stormwater Pump Station
Project.
Bids for the subject Project were received and opened on August
29, 1995. Douglas N. Higgins, Inc. was the apparent low bidder
with a price of $786,260.00. A complete bid tabulation is
attached for your review. The engineers estimate for the Project
is $623,164.00; or $163,106.00 lower than the actual low bid
received.
Following receipt of the bids a review of the Plans and
Specifications was conducted by City staff and reviewed by Hazen
and Sawyer. Value engineering revisions and clarifications were
made in order to induce lower bid prices. The number of bid
items in the proposal has also been expanded to clarify the scope
of the individual work items.
Based on the above, the consultant is recommending that the City
reject all bids and readvertise the project with the revised bid
documents (see attached correspondence) . By doing so the City
should realize a substantial reduction in bid prices which are
more commensurate with the Engineers original estimate.
Please place this item on the September 19 Commission for action
to reject all bids and readvertise the project.
CC : William H. Greenwood, Director of Environmental Services
Howard Wight, Dep Dir Construction Division
Agendas/9530.doc
5E? 15 '95 '10:5Ø FROM H/5 FT.PIERCE PAGE.001
HAzEN AND SAWYER Hmn and Sawyer. POC.
MardI ExecutM Cenler
Environmental Engineers & Scientists '905 SouIf12B1h stræt
Fort Pierœ. Fl34947
407489-OOS1
Fax:: 407 4I5-«l9Ø
September 15. 199~
Dan Beatty, P,E.
City Engineer
CITY OF DELRAY BEACH
434 S. Swinton Avenue
Delray Beach, Florida 33444
A.tI.nd&! A~...... ~ Pu..... ~
Dear Mr. Beatty:
.
On August 29, 1995 the City opened bids for the above ref~ project. A total of six (6) bids
were received, with the low bid beiDg $786,260 ~ DouøIas }f'~> Inc. 'Ibis bid was COIIIiderably
higher than 1be City's budget for 1his a>ntI'IÇt .. ~ as the ori¡iDa1 estimate. Subsequent to the bid
opening. Hazen and Sawyer and City ItIItf have met to discuss elements of work that can be
e1imi~ aDd desip. ~ which can be made. Both ofth.e may help to reduce COØItrucíion
costs.
Based on this infonnaIioD. Hum amd SaW)'a' rec:omweads that all bids be rejected, and that the job
be rebid incorporating the identifiod modifications.
If you have any questions or comments please give me a call.
Yery truly yours,
HAZEN AND SAWYER., P,C,
--;iY2J Þ Ý
Raben B. Taylor. Ir, P.E.
c: Bill Greenwood
Gary Bors
Tom MoLean
FtP.4916LOOl:09-15-95
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CITY of DELRAY BEACH ATLANTIC AVE. PUMP I Sketch
~ ENVIRONMENTAL SERVICES DEPARTMENT ~ STATION LOCATION MAP #1
434 SOUTH SWINTON AVENUE, DEWY BEACH, FLORIDA 33444
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'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q . !-/. - MEETING OF SEPTEMBER 19. 1995
BID AWARD/ENVIRODYNE. INC.
DATE: SEPTEMBER 15, 1995
This is before the Commission to consider a bid award to
Envirodyne, Inc., second low bidder for outside chemical analysis
of various water samples for the City's Laboratory.
Bids were received from ten vendors in accordance with City
purchasing procedures. The Environmental Analyst and Manager of
the City Laboratory recommend award to the second low bidder.
Because of past performance with the low bidder, Harbor Branch
Oceanographic Institute, they are not being recommended.
Recommend approval of the bid award to Envirodyne, Inc. at an
estimated annual cost of $18,000 from FY 1995/96 budget Water
Treatment Plant - Other Contractual Services (Account No.
441-5122-536-34.90) , and Sewage Treatment -Other Contractual
Services (Account No. 441-5142-536-34.90) .
.
'.
Agenda I tem No.: ql/.
AGENDA REQUEST
Date: September 11. 1995
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: September 19. 1995
"
Description of agenda item (who, what, where, how much): Bid Award -
Annual Contract for Supplemental Laboratory Analysis for Water, Wastewater, Etc. to
Envirod ne, Inc., 'at an estimated annual cost of $18,000. Bid 1195-64
NOTE: This is a FY 95-96 budget item. Funds are to come rom next year s u get, not
FY 94-95.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO ..
Recom!t\endation: Award to Envirodyne, Inc. at an estimated annual cost of
$18,000. Funding from accounts 441-5122-536-34.90 and 441-5142-536-34.90
,
,-
pepart.~ent Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
,.
Budget Director Review (required on all items involving expenditure
of funds):
Funding
Funding lic~e) S
Account iy; (</
Account 0
" 1~5142--tJ3' 'q¡ . ~ í-oU~
Ci ty Manager Review: ~. 34-- V g~£ Ti IV. .
c!!!l" lAbíi<Æ/'Ij 4ßOiJ GtJ«,-/Y. sýl-·
Approved, for agenda: E NO ). )
Hold Unt~l: /'f'-'~ ¡C.. -.\.
~\ ¡" '-- ¿ I
Agenda Coordinator Review: !/~
Received:
Action: Approved/Disapproved
.
M E M 0 RAN fl U M
TO: David T. Har~Manager
THROUGH: Joseph Safford, nce Di recto I'
FROM: Jacklyn Rooney, Senior Buyer ~
DATE:
September 11, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 19, 1995 - BID AWARD
SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER,
WASTEWATER, ETC. - BID #95-64
Item Before Commission:
The City Commission is requested to approve the award of the above
referenced subject to the low responsible bidder, Envirodyne, Inc. , at a
total estimated annual cost of $18,000,
Background:
The Water Treatment Pl ant has a need for an annual contract for outside
1 aboratory testing to conduct chemi ca 1 analysis of various water samples
for the Ci ty Laboratory. Bids were received on September 01, 1995, from
ten (10) vendors all in accordance with City I S purchasing procedures.
(Bid ~95-64 on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The Environmental Analyst and Manager of the City Laboratory recommend
award to the second low bidder Envirodyne, Inc. , per attached memo.
Because of past performance with the low hidder, who was awarded contract
last year, they are not being recommended
Recommendation:
Staff recommends award to Envirodyne, Inc., at an estimated annual cost of
$18,000. Funding from account numbers #441-5122-536-34.90, and
#441-5142-536-34.90.
Attachments:
Memo From Manager Of Laboratory
Memo From Environmental Analyst
Tabulation of Bids
cc: Don Haley, Manager of Water Treatment Plant
Richard Hasko, Deputy Dir. of Public Utilities
n'Detenga nlGurumo, Manager of Laboratory
Harvey Vick, Environmental Analyst
.
"
MEMORANDUM
To: Jackie Rooney, Senior Buyer
From: n'Detenga n'Gurumo, Manager of Laboratory 1tJ. H'~ .
SUBJECT: HARBOR BRANCH (OUTSIDE LAB TESTING BID)
Date: September 8, 1995
We do not recommend that Harbor Branch receive the outside laboratory testing bid award,
and suggest that we move to the second lowest bidder for our contract for the fiscal year
1995/96 for the following reasons:
. The Laboratory and IPP program have not been satisfied with the performance by
Harbor Branch. They failed to meet last year's contract agreement. The turn around
time was excessively long, and often did not fall within contractual agreement. Several
instances occurred in reporting data in which they identified the wrong compound or the
wrong concentration and corrected copies had to be distributed to our laboratory to
replace their mistakes.
n'Dn'G/dk
c: William H, Greenwood, Dir. of En v, Services
Richard Hasko, P.E., Dep. Dir, Public Utilities
Don Haley, Manager of Water Treatment Plant
Harvey Vick, Envirorunental Analyst
.
·
/ MEMORANDUM
TO: n' Detenga n' Gurumo, Lab Manager
FROM: Harvey O. Vick III, P.G., Environmental AnalystllPP JlJt,¡/f
SUBJECT: RECOMMENDATION TO CHANGE CONTRACT LAB
DATE: December 28, 1994
Since July 1994, the City has had a contract with Harbor Branch Oceanographic Institute of Ft.
Pierce to conduct chemical analysis of various water samples for IPP and the City Laboratory.
The contract explicitly states that the contract lab's turnaround time on analytical results be no
longer than two weeks (from the time the lab receives the samples to the time the City receives
the results). To date, IPP has submitted four sets of samples to Harbor Branch for analysis. As
shown on the chart below, the turnaround times have been much more than two weeks.
TURNAROUND TIMES FOR SAMPLE ANALYSIS
DATE DATE TURNAROUND IN
SAMPLES RESULTS DAYS
RECEIVED BY RECEIVED
HARBOR BY CITY
BRANCH
8/25/94 9/26/94 32
9/8/94 9129/94 21
1 0/13/94 12/1194 50
10/27/94 12/22/94 56
39.75 Days
Average
In September I brought these unacceptable turnaround times to the attention of both Mr. Jay
Apitz, Technical Services and Ms. Carla Rollins, Project Manager with Harbor Branch. They
assured me that this problem would be corrected, however as evidenced by the last two sample
reports submitted to the City, this has not been the case. I recommend that we consider canceling
our contract with Harbor Branch and select the next Lab from our short list.
Ittv
cc: William H. Greenwood, Dir. Environmental Services
Juan Manzano, Senior Chemist
IPP Document File
File: CHNGLABS.DOC C Drive
,
TABULATION OF BIDS
BID #95-64
SUPPLEMENTAL LABORATORY ANALYSIS
FOR WATER, WASTEWATER, ETC.
September 01, 1995
Harbor Branch Envirodyne Inc. Broward Toxikon V.O.C.Analytical
Vendor Oceanographic Testing Corporation Laboratories
In!':T' It'-t nT1 Laboratory Inc.
Total - 1 To
5 Samples $ 2511.50 $ 2729.50 $ 2768.50 $ 2894.95 $ 3168.00
For Water
:I; 2ql1 ')0 *
Total - 1 To
5 Samples $ 2511.50 $ 2729.50 $ 3660.50 $ 2894.95 $ 3168.00
For Waste
$ 2911.50 *
Total-
> 5 Samples $ 2393.00 $ 2729.50 $ 2768.50 $ 2894.95 $ 2851. 20
For Water
$ 2793.00 *
Total -
> 5 Samples $ 2393.00 $ 2729.50 $ 3660.50 $ 2894.95 $ 2851. 20
For Waste $ 2793.00 *
Normal Hourly
Sampling Rate $35.00 p/hr. $ 35.00 p/hr. $ 45.00 p/hr. $ 40.00 p/hr. $ 45.00 p/hr.
Per Hour
Weekend Hourly
Sampling Rate $ 65.00 p/hr. $ 52.50 p/hr. $ 85.00 p/hr. $ 60.00 p/hr. $ 70.00 p/hr.
Per Hour
Holiday Hourly
Sampling Rate $ 65.00 p/hr. $ 70.00 p/hr. $ 85.00 p/hr. $ 80.00 p/hr. $ 70.00 p/hr.
Per Hour
Comments / * Price include Will not extend ¡Page 21, Sectior ¡Will ex:-e~d Will extend same
Exceptions the analysis of Ii' E, VQC'S & SOC' pricing, terms
same pr clng, same prlclng.
Dioxin by 1613 terms to other S Line Pesticid terms to other to other Palm
Will extend the Palm Beach Cnty es and PCB'S Palm Beach Beach County
Government does not includ~ County Government
same pricing, Entities. 2,3,7,8 TCDD Government Entities.
terms to other Dioxin by Method Entities.
Palm Beach 1613. If this
County Govern- Parameter is
ment entities. required, the
additional cost
would be $365. "
for this
parameter only.
I ¡ I ,
.
TABULATION OF BIDS
BID 1195-64
SUPPLEMENTAL LABORATORY ANALYSIS
FOR WATER, WASTEWATER, ETC.
September 01, 1995
Precision Spectrum Tri-Tech Columbia All State
Vendor Environmental Laboratories, Laboratories Analytical Engineering &
Laboratory, rnc Inc. Inc. Services, Inc, Testing Consult.
Total - 1 To
5 Samples $ 3600.00 $ 3942.60 $ 3679.00 $ 4388.00 $ 5696.00
For Water
Total - 1 To
5 Samples $ 3650.00 $ 4365.49 $ 3679.00 $ 4388.00 $ 5696.00
For Waste
Total-
> 5 Samples $ 3600.00 $ 3276.58 $ 3215.00 $ 4388.00 $ 5026.00
For Water
Total -
> 5 Samples $ 3650.00 $ 3682.50 $ 3215.00 $ 4388.00 $ 5016.00
For Waste
Normal Hourly
Sampling Rate $ 35.00 p/hr. $ 40.00 p/hr. $ 10.00 p/hr. $ 39.00 p/hr. $ 30.00 p/hr.
Per Hour
Weekend Hourly
Sampling Rate $ 50.00 p/hr. $ 60.00 p/hr. $ 15.00 p/hr. $ 60.00 p/hr. $ 45.00 p/hr.
Per Hour
Holiday Hourly
Sampling Rate $ 50.00 p/hr. $ 70.00 p/hr. $ 15.00 p/hr. $ 60.00 p.hr. $ 45.00 p/hr.
Per Hour
Conunents / Will extend same Will extend same ¡ Will extend I Will extend Will extend same
Exceptions pricing, terms : pricing, terms ' same pricing, ¡same pricing, pricing, terms,
to other Palm to other Palm terms to other terms to other to other Palm
Beach County Beach County Palm Beach Palm Beach Beach County
Government Government County Govern- County Govern- Government
Entities Entities ment Entities. ment Entities. Entities.
"
.
=Ic.r - 1. :::'- ..l .:1-:::t::~ lo:j4 HARBCIF: E:F'AtK::H Eril). LHB 407 467 15:34 P.01
- 'l/¡Cf/tl::; C: It!ob1.ú A, &U}ofl )ÎLl'
Harbor Branch Oceanographic Institution, Inc.
Harbor Branch Environmental Laboratory
5600 U.s. 1, North
Fort Pierce, Florida 34946
aMRONIIENTAL
LABORATORY
FACSIMILE ~tP 1 9 1995
CITY COM\\~tSSIOf\:i
DATE: September 19, 1995
TO: Mary
FACSIMIL.E: 407-243-7166
FROM: N. Myron Gunsalus, Jr.
FACSIMILE: (407) 467-1584 TEL.EPHONE: (407) 465-2400, ext. 448
PAGES TRANSMIITED (INCLUDING COVER SHEET): 1 of 2
COMMENTS:
Please see attached letter regarding the City Commissioners' meeting tonight.
We would appreciate your help to distribute thIs to the appropriate people.
Thank you.
-~ - --~----_._--
- ':';~P-1 9-1 935 16~37 HAF'BDF: BF'At'-lCH EHI.) , LAB dO? 4E,? 15:::::4 F'.OE.
HARBOR BRANCH
ENVIRONMENTAL LABORA TORY ()~y~~
1/// " \9
- (tfc~ ~-~ ~1,.
5600 US, ) NORTH ~\:- )~
CCEAiiõGR-¡p...,\~
FORT PIERCE;, FLORIDA 34946 Septemœr 19. 1995 IIrSTfTUT1C~
(407) 465-2400, fxl. 285 Of 448
FAX (407) 467·/584
TO THE BOARD OF TIIE CITY COMMISSIONERS OF DELRA Y BEACH:
The putp05C of this brief letter is to offer clarification on the performance of lIarbor Branch Environmental
Labocatory under the Supplemental Labcratory Service Contract with the City of Delray Beach fOC"
1994195 and our offec of services for 1995196.
It is my ~. due to some problems encountered mostly in the first part of our relationship with
the city. that the laboratocy personnel have requested this year's contract be awarded t{) the next lûghest
bidder over 115. I would like to address the cooœms of the staff at the City ofDe1ray and discuss the actual
performance of Harbor Branch over the last portion of the contract
,
I will readily admit when I first took over tbe laboratory in July, 1994, some perfonnauce problems did
bt':tömé èvidént Our tum~around time over the first four (4) months oftbe, cont:ract averaged about one
week beyond the required 15 business days. My staff and I took action and completely changed this trend
for the reroaining eight (8) months of the contract.
The other conœro was wiÙl re-Lo;sued repcns and inooITect1y reported compounds. My research revealed a.
single reort where compound ìndentìficatioa was a problem and we made every effort to correct this as soon
as possible. Other issues were me.thod number modifiCátions. 'These issues are often common with new
WQ(kíng relationships.
I and my staffbave worlœd hard to correct any deficiencies we may have exbibited in the early part of oW'
relationship. Our actions have included, but are not limited to, staff changes, new computer tracking
systems, a new Project Manager a11d a focus 011 clietlt services.
I would like to ask tlliU. you consider tills infonnation as you wake the imponant decisio11 about how best to
serve your community. Please CO{l."-Ìder Harix;(' Branch as a qualified candidate to continue providing
service$ to your city employee.<;;_ I would also like to offer a suggestion that you request. quarterly
performance reviews of our services and improvements. We would be happy to provide these to you and
the staff of your in-house laboratory to prevent any future misunderstandings.
I look focward to meeting you tonight at your comm.is.sioner's meeting where I might respond to any
questions you might have or assist in your decision. Thank you for YoW' consideration and time.
Respectfully submitted,
,%~~
N. Myro unsalus, Jr. / '.
/
Division Director /
A DIVIS!(;,'\¡ 01' >;AA6QA aAANCH QCEEANOGF1APH/C iNSTITUTION, INC.
-r .-, -r .,-, , .-.. ,-,,-
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # c¡:r- - MEETING OF SEPTEMBER 19. 1995
CONTRACT ADDITION (C.O. #14)/CHAZ EOUIPMENT COMPANY,
INC.
DATE: SEPTEMBER 15, 1995
This is before the Commission to consider a contract addition
with Chaz Equipment Company, Inc. for the emergency removal and
replacement of an existing sanitary main and adjacent service on
S.W. 7th Avenue at S.W. 1st Street. A deteriorated eight-inch
main and the resulting infiltration of fill material into the
pipe caused the surrounding pavement to undermine and collapse.
The $16,000 charge includes labor and equipment and materials to
replace the piping, dewatering, by-pass pumping, traffic
maintenance, and surface restoration.
Recommend approval of the contract addition (CoO. #14) with Chaz
Equipment Company in the amount of $16,000, with funding from
Water and Sewer - Renewal and Replacement - Other Repair (Account
No. 442-5178-536-46.90) .
~ Lj-o
,
Agenda Item No. 9..r.
AGENDA REQUEST
Date: September 13, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: September 19, 1995
Description of item (who, what, where, how much): Staff request city
Commission to approve Contract Addition (C.O. #14) to Chaz
Equipment Company, Inc. for the emergency removal/replacement of an
existing deteriorated 8" vitrified clay sanitary main and adjacent
service on S. W. 7th Avenue at S.W. 1st Street (see attached plan).
The resulting infiltration of fill material into the pipe has caused
the surrounding pavement to undermine and collapse.
The price from Chaz included all labor, equipment and materials to
replace the piping, dewatering, by-pass pumping, traffic maintenance
and surface restoration to a like or better condition. The amount of
Contract Addition (C. O. #14) is $16,000.00.
'-I-6.ft()
Funding for Contract Addition (C.O. #14) is from 442-5178-536----61. 844-
R&R W3nhelc Refl3silitation for $16,000.00.
~ ~~~~ ~
ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED YE ¡NO
Recommendation: Staff s a oval of Contract A i tion (C.O.
#14) . I ~~~
Department head signature:
Determination of consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/NO
Funding alternatives ~A (if applicable)
Account No. & Description '+'1)-517/- Çj~~l/,,.9D(W1$. lè+,. I t:J7lÞc--t ~~~)
Account Balance t 9tö,~'ð. 07 ' .
~~ e¡/tç'('(t
City Manager Review: ~/NO ~
Approved for agenda:
Hold Until:
\
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
,.
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir of Construction DiVi~~
Date: September 15,
1995
Re: Roadway Reconstruction (Projects East of the Intracoastal
Waterway) --Project No. 92-02
-----------------------------------------------------------------
Attached is an agenda request for Commission approval of Contract
Addition (C. O. #14) , to Chaz Equipment Co. , Inc. on the above
referenced Project. It is for the emergency removal/replacement
of an existing deteriorated 8" vitrified clay sanitary main and
adjacent service(see attached plan). The resulting infiltration
of fill material into the pipe has caused the surrounding
pavement to undermine and collapse.
The price from Chaz includes all labor, equipment and materials
to replace the piping, dewatering, by-pass pumping, traffic
maintenance and surface restoration to a like or better
condition. The amount of this Contract Addition is $16,000.00
is available 442-5178-536-ëf:\~ cm/t;Yl
Funding from R&R Manhole
Rehabilitation for $16,000.00.
h--PJ'l-tl!-
CC: Dick Hasko, P.E., Deputy Director of Public utilities
William H. Greenwood, Director of Environmental Services
Mike Offie, Supt. Water/Sewer Network
A:MEM09202.DOC
.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CONTRACT ADDITION
CHANGE ORDER #14 PROJECT NO. 92-02 DATE:
PROJECT TITLE: Roadway Reconstruction Plan (Projects East of the Intracoastal
Waterway) (92-02)
TO CONTRACTOR: Chaz Equipment Company, Inc.
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:
Existing deteriorated 8" vitrified clay sanitary main and adjacent service on
SoW. 7th Avenue and just south of S.W. 1st Street(see attached plan).
The price includes all labor, equipment and materials to replace the piping,
dewatering, by-pass pumping, traffic maintenance and surface restoration to a
like or better condition. The amount of Contract Addition (C.O. #14) is
$16,000.00.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,349,381.45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 677,448.94
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,026,830.39
COST OF CONSTRUCTION CHANGES THIS ORDER $ 16,000.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,280,540.39
PER CENT INCREASE THIS CHANGE ORDER 1.2%
TOTAL PER CENT INCREASE TO DATE 51. 4%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
CHAZ EQUIPMENT COMPANY, INCORPORATED
(Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
i..H,.<1ò þ(~~-e
Environmental Service Department 442-5178-536 ~1.ß~ R&R
RQR4Bilitation~~
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
.
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,
. .
[IT' DF DELIA' BEA[H '
DELRA Y BEACH CITY CLERK
F l 0 . I D A 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,7000
b*:d
mr
1993
September 21, 1995
Mr. Jack L. Horniman
Executive Director
Palm Beach County Municipal League
P.O. Box 1989
West Palm Beach, FL 33402
Re: Countywide Impact Fee Review Committee Appointment
Dear Mr. Horniman:
The Delray Beach City Commission considered your memorandum
concerning the vacancy for Municipal League representation on the
Countywide Impact Fee Review Committee on September 19, 1995.
The City of Delray Beach is unable to submit a letter of interest
on anyone's behalf at this time.
Thank you for your consideration.
Sincerely,
/!!:::2fr~!~
City Clerk
AMH/m
cc: Mayor Thomas E. Lynch
David T. Harden, City Manager
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
'.
. '. ~ '.
, . . 642 P0V06 1/10, ~
09-14-95 09:28 P.8.CO. MUNICIPAL LEAGUE
Palm Beuch County MUNICIPAL LEAGUE
P.O, BOX 1.. GOVERNMENTAL CENTER, WEST PALM BEACH. FLORIDA 33402 (407)355·4484
IIBtlORARDUII
ms Mayors .od Managers (for app-ropriate distribution)
I'ROK I Jack x.. BornJ..an, Bxecu~tor
DAft =
September 13, 1995
RBI Countywide Impact Pe. aeview Committee Appointment
********************************************.*******
A vacancy has occurred for Municipal League representation on the
Countywide Impact Pee Review Committee.
Anyone interested in serving as a League repreøentative on this
oommittee is requested to submit II. letter of interest to the
Municipal League Office by September 29, 1995.
Thanks.
Vlo ~
drh
Attachment
'"
C¡.J.
.
'.
1219-14-95 1219:28 P.B.CO. MUNICIPAL LEAGUE 642 PI2I2/1216
. .
.
Ani. 4: DEClSIONMAKlNG, ADMINlS'IRATIVE
AND ENFQRCRMENT BODIES ~. 4.8 Impact Fu R~view Committee
SEC.4.1 IMPÂCI' FEE REVIEW ÇOMMlTTEE.
Å. ~I"hm.. nero is betoby ereated aø Impact Poe Review Committee.
.. PaWWI and "uti... no lø:tpaet Foe: Review Committee an have the foUowiD¡ powen and
duti. UDder cbe provJliou of &his Code:
1. To submit Reports to the Board of Couat)' ColDIQÎSIÌooers by Febnaaty IS and Aupat
15 of..cb )WI' reIatID. to: .
.. 1bo implcmeatatioa of Art. 10. Impact Fees;
h. ~ lovel. of service for the impact fees exacted in Art. 10. bDpact FeN;
c. The oollectioa. encumbrance. and cxpeaditure of all impact fees çoUected
¡1umuaDt to Art. 10. Impact Poes;
d. The validity of the usumptÌoos In the technical memoranda used to support the
ÙDl*t fee ldIedules in Art 10. Impact Fees; aad
. e. Aay I1IC:OII1IMQded amendment to Art. 10. Impact Poes.
2- To review amendmentl to Art. 10. Impact Fees. prior to their CODiideratioD by the Board
of County Coaamiuiooers.
3. To perform such other dutiea as the Board of County Commissioners deeIns appropriate.
C. Board Membenqip.
1. OuaUftœtions. Members of the Impact Foe Review CoUUlÙttee shall be qualified
"ecto... of Palm Beach County (or two (2) years prior to appoiDtmcot. No member of
tile Board of County Commissioners or a Couaty employoo. includiJ1a. Board of County
Commission aide. except the Impact Foe Coordiøator, 1ba1l1elVe on the Impact Fee
Review Committee. The Impact Fee Review Committee shall be composed of twelve
(11) members. ne membership of the Impact Pee Review Committee shall iDclude four
(4) representatives from municipalities within the County. three (3) representatives from
the buliness community. one (1) member of the Zonine Coauuis.sion. three (3)
repreaentatives aelec:tcd at la'1e, aad the I~ Fee Coordinator.
2. Appolnbnent. Members of the Impact Fee Review Committee shan be appointed by the
Board of County CollUDÌssioners.
LAND DEVELOPMENT CODE PALM BEACH COUNTY, FLORIDA
ADOP170N JUNE 16, 1992 4~30
.
k:3::I-lq-~!::J 1::1~:ê~ ~.~.~U. 'MUN1~1~HL L~H~U~ t::1'tc:: 1""10..::1/ 100
- .
AI'llde 4: DECISIONMAKlNG, ADM1NISTRA7'1V£ ..
AND BNFORCEMEN;( BODIES 8«. 4.81mpøCf Fee RcMf!W Çomml"~
3. ,.~ or oftiœ.
L All la1p11Ç1 Pee Review Coaunittee tnembers shall serve a term of three (3)
JOIII. All members øervinS on the IlÞp&Ct Fee Review Committee on tho
.n.ctiv. date or thi. Codtt _U complete their lenDS acçordiu, to their prior
çpomtlDlatl.
b. TMre sbaJl be DO lindt an the Dumber' of terms a pet'8Oß may servo 011 the
l...-ct Pee Review Committee.
e, The maximum Dumber of boards and commissions that. penon appointed by
the Board of County CommI.lonen may serve oa at one (1) time abaU be three
(3). M.ubeø aft'ected by thi. provision shan be govemed by ResolutåoD No. 91-
1003.
d. Members of the Impaçt Pee. Review Committee shall not be prohibited froDl
qualifyinS as a candidate ror elected office.
4- Removal from office.
.. In dlo event that any Impact Fee Review Comrøinee .pabet is CODvÎçtcd of.
feloo)' or ID offense iovolvinS moral turpiNde white in office, the Board of
County Commissionerl lhal1 termiDate the appointmeat of such perIOD as a
IPeII1ber of the Impact Pee Review Conunittee.
b. Any member who fail. to .ttend three (3) consecutive regular meetinss without
an excused .bsence or one-balf ('h) of the moetin¡S within. eatendar year shall
automatically forfeit tho appointment, and the Board of County CoPllbissioncrs
shall promptly fin such vacuoy. Participation for len tbu thteo-rourtbJ (3/4)
of . meetiøllbatl constitute lack of attcadance.
c. ExCUMd abseacc coMtitutes absence due to illness, absence from Palm Beach
Couoty. or penonal hardship, if approved by . majority vote of the øembership
of the Impact Pee Review Conunittee. Exr;used absence shan be eGtered into the
minutes .t the next reaultrly scheduled mcetiDS of the Impact Pee Review
Committee.
d. Members removed from offiçe shall be temÜoated hnmediately and OQt continue
to let'Ye until . pew appoiDtment is uade by the Board of County
COmmissione....
,LAND DEVELOPMENT CODE PALM BEACH COUNTY. FLORIDA
AD0P770N JUNE 16,1992 4-31
.
"
..- . .
09-14-95 09:30 P. 8. CO. MUNICIPAL LEAGUE 642 P04/06
Atfl. 4: DEClSIONMAKlNG, ÃDMINISTRATIVE
-""'- AND ENFORCEMENT BQD1HS Sec. 4.81ntlHJef FM Bcwi(W Cømmlnø~
I. Vaea~.
.. Wbea an Impact Pee Review Committee member Rlips or is removed. the
loud of County Commillioaen tball rtO the vaclDcy within thirty (30) day..
b. Any appoÎDtmcÐt 10 flU an)' \'ICIIDÇ)' Iha1I be for the remainder of the unexpired
WIn of omo..
¡. Cmtnid or Inlenst.
.. General. No Impact Fee Review Committee member IbaII bave aD)' ÎDtcrest.
fiDaDclal or otherwise. di1eCt or iDdùect. or eo",e in any business transactioa
or profeaionat activities. Of iacur 10)' obUpUoo of 18)' aature which is in
-btraatiaJ coøflict with the proper dlscbarp of duties .. . member of tho
Impact Pee Review Committee.
.
b. ImDlllllentation. To implemeat this policy and stren8lbeo the faith and
coDfldeace of the citizeu of Palm Beach CouDty. aøembers of tho Impact Fee
Review CoauniUee are directed:
(1) To be aovemed by the çpUcable provisioas of the Palm Beach CoWlty
Ethica OrdiDaace. upoø adoption of such ordÌDIDcc.
(2) Not to Icc::ept an)' lift. favor or lCfYicc that mipt reuooably tcad 10
improperly inf1ueace the diselw¡e of official duties,
(3) To mike knowu b)' written or oral disclosure, OD the record It lID
Impact Fee Review Committee meetin¡. any interest whicb the melDber
bas ia ao)' peødina mattcr before the Impact Fee Review Committee.
befo... aoy deliberatioa oa dlat matter.
(4) To abstain from usia. ~bershil' OD the Impact Fee Review
Committee to eecure special privUeaC& or 61cmptiool.
(5) To refrain from coPIÎDI i.ò any busiae&s or professional activity which
'miahl reuoaably be e1pected to require disclOJùN of information
açquired by membel'lbåp Oá the Impact Pee keview CoIDIDÎttec Dot
availablo to melD'*' of the IcoeJal public. aod to refrain from UJÏna
IUCb iafonaation for penon.J pin or benefit.
(6) To refrain from accepting employment which might impair iodependcat
jud¡ment in the peñormancc of responsibilities as a member of the
Impact Fee Review Committee.
LAND DEVELOPMENT CODE PAlM BEACH COUNTY, FLORIDA
ADOPTION JUNE Id. 199Z 4·32
.
. ,
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139-14-95 139:313 P.B.CO. MUNICIPAL LEAGUE 642 Pø5/ø6
Nlldll": DEClSIONMAKlNG, ADMINIS77lA77VE
AND ENFORCEMENT BOD1~S S«. 4..'tyøt:1 f.. Rnlt/W Commi".. .
(7) To refrain frvm acceptLo¡ or receiviòC an)' additioual compeosatiOQ
from aD)' IIOW'Ce other tbaa Palm Beach County for duties perfonacd
.. . member of tile Impact Pee Review Committoc.
(I) To refrain from uauacti.a, any busLaell La an official capacity IS a
member of tbe Impact Pee Review Commlttoc with an)' busiDca eotit)'
of which tho member baa offtcec, director. a¡cot or 1DDIDbet. or ba
whida die IIIOIIIber OWIII . coatrollia¡ iDterat.
(9) To ..rraiD froØl patticipatioø ID aD)' matter in which the member has
a pcnow mvestmeat whicb wiD create a substantial coamcc berweec
private ad public ÏDtonItI.
Co ..01 IcjlQn. Willful violatioa of tbl. subsectioa which .trccts . vote of an
Impact Fee Review Committoc member IhaIt Rader that actioa voidable by &be
Board of Count)' Commiuiooert.
D. OInmn.
I. Chainnaan aand \'k~halnnlD. At aD annual OfIanizatiOOlt mcctinc, the members of
the Imp'c:t F~ Review Committee ...1 elect one (1) of their ømbers as CbainDIn and
one (1) as Vice-Chainnlll. In the abIeace oflbe Chairmaa, the Vice-Chairman shatlact
IS OIairman and ...all have aU powers of the Cbatrmaø. The Clait1DlD IbaIlserve a
term of onllt (1) Y"'. No member ....n·1ieI'Ve .. Cbainnaø for more tbaD two (2)
eouecutiv-= tenns. The Qairman ....11 be in cbar,. of.U procecdiDas befon the Impact
P.. Review CommlttM. and sball tlke IUCh actiOD .. lball be ~I')' 10 p......-vl the .
order and tb~ Intearit)' of all proCeediDp before the Impact Pee Review Collllldttee.
2. ~r.y. Th. Impact Fee Coordinator shttU ...rv4!l .. Secretary of the Impact Pee
Review ConuniUee. Tho Secretal')' lIIall keep minutes of atl proceediòp of the Impact
f. Review Conunittee, which minutes lIball be a .mmary or all proceediø.. before the
CommJtto.t. anested to b)' the Secfewy, ad whicb .ball iDclude the vote of .oh member
upoø every question. Tho minutes shatl be approved by . majority of the mclDbers of
tho Impact FCII: Review Committee vocina when . quorum ¡a preseat. Ja addition, the
Secretary wll maintain all records of the Impaet Pee Review Committee mectin8., aad
proccecIina:s and the correspondence of the Impact Fee Review Committee. The records
orlbe Impact F- Review Conunittee lball be stored with the .¡ency servin, as Secretary
herein, and shaU be available for iospcction b)' the public, upon reasooable rcqueat.
durin. normal busineaa bours.
3. S!a!I. Th" starr of tbe Imract Fee Review Coaunittee shall be the profcssioøal staff or
the 1mpaç1 F~ CoordiDatot.
4. County attqnwJ'. The County "ttomey'. Office shall provide counsel aad ÎDterpretation
011 le.al illKUG.
LAND DEVELOPMENT CODE PALM BEACH COUN'11'. FLORIDA
AD0P770N JUNE 16. 1992 4-JJ
.
1219-14-95 1219:31 t-'. t:I. L..U. . I"UN J. L. J. ~ML. L.t:Ml.:1uJ:: -.- . --- --
- I . ~
. . .
. .
Anldil 4: DEa810NMAX/NG. ADMINlS77UTIVE
.. piQßNFORCIlMENT BOD11!S ~.~811ff1H1t:t F_lfr.rIøv CømmlnH
5. Ounrum and .ol'œ. No meetin. of the Imp~ Foe Review Committee IbaU be ça¡lcd
CO order. lIor may aD)' buslnea be trauacted by tbe IIIIpICt Feo Jtaylew Committee.
. . wilhout a ~ CODIisem, or . majority 0' appoÏlltecl.1DCIDben 0' the Impact Peo
RevIew ColDIIÙttee beiø. praeal A majority ot tho quorum ".....t abIU be aecall.r)'
. for the IIIIpICt P.. Review Committee to lalce doa. III .... eveat of . tie vote the
pIVpOIed motioa IhaU be coDlidered to bave failed. No...........1 abItÑa ;roID
¥OtIII¡. unrOll there i. . conftict of iacer.t putSUllAt 10 tbit Article. or s.c. 112.01.1S-
.., PIa. Stat.
.. R.... or DI"OrI!dure. All meetiq. IbaU be .overøecf by Robert', Rut. of Order. 'Ibe
~ Pee Revtew Commiuee may. by a majority vote of daa ..u..IDIIÞbcnb.ip. adopt
Iddlhonal rut. of prucedure for the tnDIIctÎOD of buIi.Dea and IbaII keep . record ot
~. of IlleetÜap. RIIOlutiODl. tiDdinplDd determinations. ne Impact Feo Review Committee
IDI)' provide for traDIcrlption of IUCb proceedinp. or portioaa of procaediDa" u ma)'
be ..... necessary.
.
B. Meed...
.
I. General Or lamal meedn!!!. Oeaera1 meetiqs of the Impact Fee Review Committee
...11 be held DO less frequently tbu ouce every three (3) moatba. Special meetiDa' IDI)'
be called b)' the Cba1rman or the Impact Pee Review CoøuDittee. or In writiDl by a
~orlt)' of appointed memben of the Jmpad. fee Review Committee. TWCllt)' four (24)
bour written notice _II be 1Î\'eII to each Impact Pee Review Commiuee member for a
IpeCw meetia..
2- Loaatlon. Tbe locadoa of meetinp abaU be in Palm Belch Count)'. florida.
3. Continuanœ. If. matter i. postponed due to lack of . quorum. the ChaIrman IbaII
ooaUnue th. meetin. 10 die next re¡ularly lCbeduled Impact Pee Review Committee
IDIIÜDI. Tbe Seçretlfy sball aotity all memben of the date of the CODtÌIIued meetÎDl'
4. MfII!tltws ODell to ,ublle. AU meedap of the Impact Peo Review Committee lI1an be
opeø to the pubU~.
5- Annual R~rt. The Impaçt Fee Review Committee sbaU IUbmit an ADøual Report to
the Board of Couoty Commissioners. The form. substaace, ad IUbmlttal dates for the
Aaaual Report IbaU be 8$tablisbed b)' . PoUc)' aad PI'Oœdure Momonadum (PPM).
F. Comoematlon. ne members of the ImpIct Pee Review Committee ...... receive DO
eompensatioa for their services. Travel reimbunement¡ are limited to upcGIeI iDcurTed oal)' for
travel ouUide Palm Beach County Decessary to fulfill responsibilities of membenhip on the laapac;t
Pee Review Committee. Travel reimbursement shall be made ooIy whoa _meimt funds bave
been budleted and are available. and upon the prior approval of the Board of County
Comm1l11onCf$. No other expcDses are reimbursable except doçumcoted 1001 distaDce telepbone
calli to the ItafTto fulfill tbe responsibilitielofancmbersbip on the Impact Pee Review Committee.
.
UN/) DEVELOPMENT CODE PALM BEACH COUNrY. FLORIDA
. 4-14
,..ø ,
EITY DF DELRRY HEREM
DELRA Y BEACH CITY CLERK
f L 0 . , 0 A 100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
bad
AJI.America City
" III!
1993
September 21, 1995
Mr. Jack L. Horniman
Executive Director
Palm Beach County Municipal League
P.O. Box 1989
West Palm Beach, FL 33402
Re: Treasure Coast Regional Planning Council
Dear Mr. Horniman:
The Delray Beach City Commission considered your memorandum
concerning the alternate position on the Treasure Coast Regional
Planning Council on September 19, 1995.
The City of Delray Beach is unable to submit a letter of interest
on an elected official's behalf at this time.
Thank you for your consideration.
Sincerely,
t2b0n~1!á
~
Alison MacGregor Harty
City Clerk
AMH/m
cc: Mayor Thomas E. Lynch
David T. Harden, City Manager
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
.
. . Ø9-14-95 13:12 P.B.CO. MUNICIPAL LEAGUE 645 PØVØ4 9//1 ~.
"IOE\VED
.. . ,_-
"I
CITY MAN ';Cf"I'C' nçflCf,
Palm Beach County MUNICIPAL LEAGUE
P.O, BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA ~2 (407)355......84
81112BAI»UII
'10, Mayors .nd~ (fo~:iste distribution)
PaOlI : Jack L. Borniman, Bxecut ctor
DAft I September 14, 1995
RB: Treasure Coast Regional Planning Council
*********...**********.**..............************.
.
Th. Municipal League iø seeking an individual to serve as
an Alternate on the Treasure Coast Regional Planning Council.
Attached i. information pertinent to TCRPC.
Any elected official interested in being considered for this
appointment is requested to .ubmit a letter of interest to tho
Municipal Leaque Office no later than September 29, 1995.
Thank you.
ilo ~
drh
Attachment
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. P. 8. CO. MUNICIPAL LEAGUE 645 P02/04
09-14-95 13:12
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THE ROLE AND RESPONSIBILITIES OF
TREAStTRE COAST REGIONAL PLANNING COVNCIL
TreuUle Coast Re¡ional p1."";11¡ Council iDçludcs 49 Ioca1 ,ovemmcnt
·ctionJ within Indian River, St. Lucie, Martin. uel Palm Beac:h counties. 1'he board
up of 23 Î11dividuals, two-thirds of which are elected. repm¡cntiD¡ member
des and cities, and one-third of which lie appointed by the Govemor. The Councü
ts moDth1y in Stuart, Florida.
It i important to recognize that Regional Pllnning Councils are very cliffermt 1iom any
S c qene)' or special purpose district. They perform a series of unique and vital roles
tba no other level of ¡ovemment CAD perform, By way of example. consideration should
be 'VCJ1 to the fonowing &tI1eral functions ofRe¡ional PllU'Illia& CouncUa.
.
- clop I Strategic 1leaîonal Policy Plan
- . ew Developments of Regional Impact
.. rform l'llpOnsibilities in review of Local Government CompreheDlive Plans
- ovide ulliatance to the Department of Community Affairs in the Resource Plannin¡
Mana¡ement and Area. of Critical State Concern propams
. vide uailtance to the Department of Community Affairs in review of studies and
rts or interim and functional plans necessary or useful in the preparation Or
ion ot State plans
. rovide assistance to the Department of Community Affairs upon request in the
. w of applicable lo-year site plans and site certification requeatl submitted by
ectrical utilities within or havin¡ a significant impact on the area
.. out hazardous material and waste manasement functions throush the h¡ion's
a1 Emergency Plannil1i Committee
~ onn reviOW$ and PrQvic:lc comment¡ on local Peacetime Emerpncy Plans or
v.clclC Civil Protection Plans
- arty out functions of a reøiona1 clearinghouse for Florida' 5 Intersovemmental
rdiDation and Review Procns
- replD'e and submit findings on variances to permit for siting of hazardous waste
ties
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09-14-95 13:13 P.B.CO. MUNICIPAL LEAGUE 645 P03/04
I f ~J LJ " -
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- ·ew of U.S. Army Corps ot En¡ineer and Department of EavilODD1Cntal
at:1on permit app1iœtiona
- rovide technical auiltance to local IOvcmments (e-i., JeVÍtA1i~tion and
lopment. etc.)
- n request be avaiJable as a mediator to assist local IOvemments in conflict or
. spute resolution
. . It in re¡ional traI1sportation p1êUlIÙni
- assistance to the general public
- cal assistance to school boards
· mricau evacuation coordinaûon and tecbnica1 assistance
· ping ofwet.1ands and native uplands in the Treasure Coast Re¡ion
- y of pro¡ram efforts which influence development on barrier islands
- ¡ional energy plan setting forth strategies to minimize eneriY consumption
· dentification and analysis of near·te:rm and lon¡-tenn ¡rowth: impacts on
ltion, economy ~ housÌDS, employment. business. transportation. public services
aaricu1ture
· y of Region'. inv,ntory on economic.. hydroJolY. climatoJo¡y. public facility
OcatiODS and lovemment revenue and expenditure pattcms
· lel"ftlftAtion of ~ information
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # C¡.L· - MEETING OF SEPTEMBER 19, 1995
SPECIAL EVENT APPROVAL/1ST ANNUAL DEL RAY BEACH BREW
FESTIVAL
DATE: SEPTEMBER 15, 1995
This is a request from Pineapple Grove Main Street, Inc. for
special event approval to hold the 1st Annual Delray Beach Brew
Festival on Saturday, October 28, 1995.
We received the request on Friday, September 15th I and staff is
working to formulate a recommendation which will be provided either
prior to or at Tuesday night I s meeting. We have scheduled the
request for consideration on September 19th since the next regular
City Commission meeting is not until October 10th and the target
date for this event is October 28, 1995.
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MEMORANDUM
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: ROBERT A. BARCINSKI, ASST. CITY MANAGER
SUBJECT: AGENDA ITEM # q.¿. - MEETING OF SEPTEMBER 19, 1995
SPECIAL EVENT APPROVAL/1ST ANNUAL DELRAY BEACH BREW
FESTIVAL
DATE: SEPTEMBER 18, 1995
City Commission is requested to approve a special event request
from Pineapple Grove Main Street, Inc. for the 1st Annual Craft
Brew Festival to be held on October 28, 1995. The request
includes the following:
· the closure of N.E. 2nd Avenue from Atlantic Avenue to N.E.
1st Street, from 10 a.m. to midnight on Saturday, October
28, 1995;
· utilization of outdoor amplified public address and sound
systems (provided by others) during the hours of the event,
specifically 4:00 to 10:00 p.m.;
· at least one uniformed police officer (on- or off-duty at
the City's discretion) to work with PGMs , ACBF, and ACBF's
security personnel during the afternoon and evening;
· barricades, signage (e. g. , "road closed" , "event parking" ,
etc. ) and traffic control as deemed appropriate by the City;
· parking in public lots proximate to the event location;
· use of the City's large covered stage;
· waiver of overtime personnel costs; and
· such other coordination and assistance as is typical in
connection with this type of outdoor event.
Staff has reviewed this request and recommends approval with the
following changes:
· Change the date to October 29 due to other special events
already approved for October 28; i. e. , Halloween Parade, RAP
Concert in the Tennis Center, etc.
· Utilize two versus one police officer.
· Do not waive overtime charges.
The estimated overtime cost for this event is $1,300 if the
stage can be set up on Friday and taken down on Monday.
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Fr()I11'~Thú~_<ls F. Fleming, III To: David Harden Date: 9/2/95 Time: 13:53:18 Page 1 of 2
AS SfP 1.'1 1995 Allr-
PINF:.AJPPl£ GRoVE MlAIN STRUT, lNC. RECFI'lr~
24 North Swinton Avenue' Delray Beach' Florida 33444
Phone (407) 279-9952 . Fax (407) 276-8558 SEP U 5 1995
Memorandum CITY M~"
DATE: September 2, 1995
TO: David Hardin, City Manager, City of Delray Beach
FROM: Tom Fleming, Program Manager, Pineapple Grove Main Street, Inc,
SUBJECT: proposed 1st Annual Craft Brew Festival
cc: Bob Barcinski, Asst. City Manager
Marjorie Ferrer, Downtown Coordinator
David, ,... ¡.'
;
This memorandum constitutes our application for any applicable approvals, permits, facilitation
and support the City of Delray Beach might provide in connection with the proposed event, co-
sponsored by Pineapple Grove Main Street, Inc., itsfmore fully set forth below:
1st Annual Delray Bdaeh Brew Festival
Saturday · October 28th
4:00 p.m.-10 p.m.
NE 2nd Avenue between Atiarttic Avenue and NE 1st Street
(also utilized, subject to prior approval of¡lt,e respective parties, ,\ill be certain privately
o\vned properties along the block)
( (
General Overview and Description of Event:
The growth of microbreweries and specialty crafted beers - expected to reach nearly l,OOO
in the D,S. be the end 1995 - has created the classic marketing dilemma: how to reach the
consumer public absent expensive advertising campaigns (which the craft brewers can ill
afford). the primary means of building a customer base, therefor, is by direct hand-selling,
or tastings. This is what a craft brew event is all about.
Recognizing this newly emerging marketing niche, American Craft Brew Festivals, Inc.
(ACBF), formed in January, 1995, to focus on promotion and increasing the distribution of
microbrews and specialty beers through festival events. Thus far, three such events have
been staged in Philadelphia including a one-day event at the Philadelphia Civic Center on
April 30, 1995.
[Please note: Because this is a relatively young organization, we requested tì'om founders
George Polgar and David Cohen, both of Philadelphia, a list of references attached hereto.
Presumably, you will want your staff to call those who are listed so that your assurance of
their track record is maximized, Should you wish me to make the calls, I will gladly do so.]
The tirst annual Delray Beach Brew Festival would be conducted as an outdoor "block
party" event. Some 30 - 50 breweries will provide up to 100 different beers for sampling
(emphasis here is on the word "sampling", as opposed to "guzzling"). Also included will
be family-oriented entertainment, special activities and features, including: live music
(lnnasense, a South Beach, Miami, reggae band) and a root beer garden with clowns, tace-
painting, balloons, etc., for the kids.
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, Frcwr: Th~¡µas F, Fleming, III To: David Harden Date: 9/2/95 Time: 13:54:37 Page 2 of2
Pineapple Grove Main Street, Inc. (PGMS), will assist with local arrangements and
coordination in connection with the event. In addition, PGMS will participate on the day of
the event by arranging for food vendor sales, soft drink sales, exhibitor merchandise sales
(hats, T-shirts, etc.), and other, related ancillary revenue generators. Proceeds from such
generators will be paid directly to PGMS, together with a contribution from ACBF in the
minimum, guaranteed amount of $7,000,
ACBF will arrange and pay for promotions, tents (subject to applicable permit), tables,
drapes, chairs, public address systems, beer tubs, ice, tapping equipment, signage (subject
to applicable regulations), portable restrooms, trash service, first aid, insurance (induding
free-standing event insurance, liquor liability insurance and/or riders on existing policies as
appropriate), all applicable filings, permits and licensing.
City of Delray Beach involvement.
We seek, as applicable, the following ap~rovals, permits and assistance from the City:
"
· the closure of Northeast 2nd Avenue, from Athtflti.c. Avenue to Northeast 1st Street,
from 10 a.m. to midnight on Saturday, October 28,1995;" _,
-.-"'---- .....
· utilization of outdoor, amplitied public address and sound systems (provided by others)
during the hours of the event, specitically, 4:00 p.m. to 10:00 p.m.;
· at least one uniformed (on- or off-duty at the City's discretion) police officer to work
with PGMS, ACBF and ACBF's security personnel during the afternoon and evening;
· barricades, signage (e.g., "road closed", "event parking", etc.) and traffic control as
deemed appropriate by the City;
· parking in public lots proximate to the event location;
· use of the City's large, covered stage; and
· such other coordination and assistance as is typical in connection with this type of
outdoor event.
As always, PGMS volunteers will do everything practicable to assist the City's efforts in
connection with the event. We understand that Marjorie Ferre wishes to tie this event in
with the City's annual Heritage Month.
Should you require clarification and/or additional information, please call me (279-9952) at
your convemence.
Any and all SUPPÐft the City might provide will be most appreciated.
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P.01
Attention: Tom Fleming
PINEAPPLE GROVE MAIN STREET
DELRAY BEACH, FL.
References Regarding
AMERICAN CRAFT BREW FESTIVALS ACBF:
Robert McClintock
Diréctor
ATLANTIC CITY CONVENTION CENTER
(609)348~7918
Aaron Howard
PHtLADELPHIA CONVENTION CENTER
(215)592-6640
Bruce Waugh --.... ..~,.-
Genera~ Manager
KATMANDU Entertainment Complex - . -- --~ - ....
(215)629-7400
Chuck Fee
VP & General Manager
WMMR FM 93.3 (ACBF Media partner)
(215)238-8000
Cheryl Squadrito
PHILADELPHIA INQUIRER
(610)701-7610
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11: 25 FAX 215 592 6626
~ .09/14/95
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,,)iJ~~ÇlJilÇ,ÇENTER j:,~¡()1¡j1!~~.:i;' 'f;;:, '/1:1 I.' I::,J, i'.:'~(I<o!: ~~.'(~"~'" ~..~\I¿"~~,~j"¡{~~i
:'j " ~...' , ".", I.:'.I·~'\:·' I~' . r :'1,' ':oJ..,. \ i,;,.~i'¡~¡lllhrN -~1¿.'t~;J.~}f/ (~..'¡Y1..r1. (-,
September 14, 1995
Mr. Tom Fleming
Executive Director
Pineapple Grove
Main St. --.,.. ~~ -
Del Ray Beach, FL
..... -.-- ""---- ...
Dear Mr. Fleming:
This letter serves to give my unqualified endorsement of the
PHILADELPHIA MICRO BREW FESTIVAL, held April 3D, 1995 at the
Philadelphia Civic Center.
The entire Civ~c Center staff was greatly impressed with the
organizational skills and attention to detail provided by George
polga.r I David Cohen and their staff. It was a well-run event and
one that we would certainly welcome back to our facility.
If I can be of further assistance, call me at (215) 592-6640.
Sincerely,
Þ $dwi
Aaron R. Howard
Facility Director
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To: RAB
From: Scott
Subject: Delray Beach Brew Festival
Date: Sept. IS, 1995
The delray Beach Brew Festival will not create any problems for the streets or traffic
division. The city crew will be able to set up and remove city barricades for this event
at a cost of $1OO:e&to cover the overtime.
If you should have any further questions please feel ftee to contact me at 7339
14+Y~-
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DELRAY BEACH
F lOR I 0 ...
Delray Beach Police Department ta!b:II
AlI·America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , III I!
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM 1993
TO: Robert A. Barcinski, Assistant City Manager
FROM: Richard M. Lincoln, Major ~¡/
Field Operations Bureau
DATE: September 18, 1995
SUBJECT: PROPOSED FIRST ANNUAL BREW FESTIVAL
Per your reques~ the Police Department has examined the proposal for the First Annual
Delray Brew Festival on Saturday, October 28th from 4:00 p.m. to 10:00 p.m. It would
be extremely difficult for the Police Department to adequately address and staff this event
as two other significant events with respect to manpower commitments have already been
approved, the concert at the Delray Tennis Center as well as the Halloween parade. The
problem becomes that of having adequate police resources who would be willing to
volunteer their time to staff these events at the off-duty detail rate of pay. The parade,
which takes place at 1 :30 p.m., will require a minimum. of 12 police officers/community
service specialists while the concert, which takes place at 8:00 p.m., will require in the
vicinity of 20 police officers/community service specialists. The normal Patrol Division
staffing must still be addressed with consideration to these other special events. In
addition, the concert will draw somewhere around 7,000 spectators and our plan for
events of this nature places a vast majority of those attending in downtown parking areas.
Blocking off N .E. Second A venue for this other event will additionally create confusion
on the part of those seeking parking who are not familiar with Delray Beach.
It would be my recommendation that the Brew Festival be rescheduled so as not to
conflict with these other events that are already calendared. It is my feeling that this
event could be staffed bY.!lY2-police officers during the hours projected. I would also
request clarification on whether or not the officers would be compensated by the event
sponsors at the $17.00 per hour detail rate or at the overtime rate if this is a City-
sponsored event. The Police Department will, of course, find a way to staff this event if
so directed.
RML/ppt
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AS SEP 1 p ì9'}¡
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[IT' DF DELIA' IEA[H
DELRA Y BEACH
f lOR I I) A
tzed 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243,7000
;'iifi!
MEMORANDUM
1993
TO: Robert Barcinski
Assistant City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: First Annual Craft Brew Festival
DATE: September 18, 1995
Per your request, overtime involved for putting up the large stage and
canopy and taking them down would be $1,131.97. This is for 15 men
erecting the stage at 2 1/2 hours apiece, and 15 men removing the stage
at about 2 hours apiece. Please be advised that I would not recommend
approval of the Craft Brew Festival on October 28, 1995. ' As you know, we
have already scheduled a concert in the Tennis Stadium featuring Brandy,
Coolio and Skee-lo which are mainstream, middle of the road, rhythm and
blues, and rap, and will attract an audience from about age 15 to 25.
This will require all the parking in the downtown area. Additionally,
there is a Halloween parade scheduled for the afternoon of October 28th.
Although I think the Craft Brew Festival is a very worthwhile event, I
think it would be inadvisable to schedule it in conflict with the two
prior events.
Parks and Recreation
JW:cp
Ref:craftbrw
@ Pdnted on Recycled Paper THE EFFORT ALWAYS MATTERS
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
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SUBJECT: AGENDA ITEM i 10 . A·- MEETING OF SEPTEMBER 19, 1995
RESOLUTION NO. 68-95
DATE: SEPTEMBER 15, 1995
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Resolution No. 68-95 levies a tax on all properties in the City
of Delray Beach for fiscal year 1995/96 as follows:
6.87 mills . · · for operation and maintenance
of the General Fund
1.03 mills. · · for the payment of principal and
interest on bonded indebtedness
7.90 mills . · · Millage rate
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The millage rate of 7.90 mills is 0.05 mills less than last
year's rate of 7.95 mills. The roll back rate calculated under
the TRIM law for operating purposes is 6.79 mills. The millage
rate is 1.18% above the roll back rate.
Pursuant to the City's Charter and TRIM requirements, the
millage-levy resolution must be read in full and a public hearing
must be held prior to adoption.
Recommend approval of Resolution No. 68-95.
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RESOLUTION NO. 68-95 ,-
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RESOLUTION COMMISSION CITY OF ' -
A OF THE CITY OF THE -
DELRAY BEACH, FLORIDA~ TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE
PAYMENT OF PRINCIPAL AND INTEREST ON BONDED
INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated
for the General Fund operations of the City revenue derived from the
tax of $6.87 per one thousand dollars ($1,000.00) of assessed valuation
which is hereby levied on all taxable property within the City of
Delray Beach for the fiscal year commencing October 1, 1995, and ending
September 30, 1996; the assessed valuation on all taxable property for
-operating purposes within the City of Delray Beach being
$2,548,988,739; for operating and for maintenance expenses of the
General Fund, and also in addition, all revenues derived by said City
during said fiscal year from all other sources other than the tax levy
for current bond service and that part of collection of delinquent
taxes levied for bond service. The operating millage rate of $6.87 per
one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.79
per one thousand dollars ($1,000.00) by 1.18%.
Section 2. That the amount of money necessary to be raised
for interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of the City of Delray Beach is
$2,486,166 and that there is hereby appropriated for the payment
thereof, all revenues derived from the tax levy of $1. 03 per one
thousand dollars ($1,000.00) of assessed valuation, which is hereby
levied for that purpose for the fiscal year commencing October 1, 1995,
and ending September 30, 1996, upon the taxable property of the City of
Delray Beach, the assessed valuation being $2,548,988,739.
Section 3. That the above millage rates are adopted subject
to adjustment in accordance with Section 200.065(5) of the Florida
Statutes which provides that a municipality may adjust its adopted
millage rate if the taxable value within the jurisdiction of the taxing
authority as certified pursuant to Section 200.065(1) is at variance by
more than one percent (1% ) with the taxable value shown on the roll to
be extended.
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Section 4. That public hearings were held on the proposed
budget on September 5, 1995, and September 19, 1995.
PASSED AND ADOPTED in regular session on this the 19th day of
September, 1995.
~~
ATTEST:
(h ÌJrm'(l,)'MJV.f r /!miV
C~ty Clerk
- 2 - Res. No. 68-95
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M E M 0 RAN DUM .;..
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TO: MAYOR AND CITY COMMISSIONERS ...
~CITY MANAGER . ,
FROM: "
SUBJECT: AGENDA ITEM i 10 . 8.... MEETING OF SEPTEMBER 19. 1995
RESOLUTION NO. 69-95
DATE: SEPTEMBER 15, 1995
Resolution No. 69-95 levies a tax in the amount of 0.85 mills on
all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for fiscal year 1995/96 for
operation and maintenance, and appropriates the collections
thereunder to the DDA. This millage exceeds the 0.84 roll back
rate calculated under the TRIM law by 1.19%.
Per TRIM requirements, tax levies for dependent special taxing
districts such as the DDA must be separately discussed and
adopted at the public hearing.
Recommend approval of Resolution No. 69-95.
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RESOLUTION NO. 69-95 - ..".
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF .-
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DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID
COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
. Section 1. That there shall be and hereby is appropriated ....
for the purpose of financing the operation of the Downtown Development
Authority Taxing District, revenue derived from the tax of $0.85 per
one thousand dollars ($1,000.00) of assessed valuation which is hereby
levied on all taxable property within the Downtown Development
Authority Taxing District of the City of Delray Beach for the fiscal
year commencing October 1, 1995, and ending September 30, 1996; the
assessed valuation on all taxable property for operating purposes
within the Downtown Development Authority Taxing District of the City
of Delray Beach being $97,731,023; for operating and for maintenance
expenses of the Downtown Development Authority Taxing District, and
also in addition, all revenues derived by said Taxing District during
said fiscal year from all other sources other than the tax levy for
current bond service and that part of collection of delinquent taxes
levied for bond service. The operating millage rate of $0.85 per one
thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.84 per
one thousand dollars ($1,000.00) by 1.19%.
Section 2. That the above millage rate is adopted pursuant
to Florida Statutes Section 200.065(2)(e)(2), and subject to
adjustment in accordance with Section 200.065(5) of the Florida
Statutes which provides that each affected taxing authority, other than
municipalities, counties, school boards, and water management
districts, may adjust its adopted millage rate if the taxable value
within the jurisdiction of the taxing authority as certified pursuant
to Section 200.065(1) is at variance by more than three percent (3%)
with the taxable value shown on the roll to be extended.
Section 3 . That public hearings were held on the proposed
budget on September 5, 1995, and September 19, 1995.
PASSED AND ADOPTED in regular session on this the 19th day of , ,
September, 1995. ~~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM lID· C - MEETING OF SEPTEMBER 19. 1995 ~
RESOLUTION NO. 70-95/ADOPTION OF FY 95/96 BUDGET i':
DATE: SEPTEMBER 15, 1995 "
This is before the Commission to adopt the budget resolution for FY
1995/96 (October 1, 1995 through September 30, 1996).
At the September 5th meeting, Commission approved Resolution No.
64-95 which adopted the tentative budget. Staff continued to make
adjustments and when it was time to advertise the final notice for
adoption, the budget summary required to be published showed a
General Fund Reserve of $159,940. The ad was prepared for the
newspaper on September 12th and ran on September 15th in accordance
with TRIM requirements.
At the September 12th workshop during discussion concerning the
Christmas Tree, I raised the concern that additional manpower would
be necessary if the City were to continue providing support for the
various special events. It was the Commission's consensus to leave
it to my discretion as to whether we should hire an additional
staff person for Public Works or look into the possibility' of using
temporary labor. Attached is a memorandum from Mr. Barcinski
outlining his concerns with casual labor and requesting the full
time position. I agree with his recommendation. In order to fund
this position, I am requesting that the budget be amended to
reflect an adjustment from the General Fund Reserve in the amount
of $23,300 to the Transportation line item under
Expenditures/Expenses. Therefore, the General Fund Reserve will be
$136,640, with Transportation increased to $1,203,020.
Recommend approval of Resolution No. 70-95, as amended.
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£IT' IF DELIRY IERCH
DELRAY BEACH
f l 0 . I D A
tr.f&d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AlI·Amerlca City
" III! MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: CASUAL LABOR· SPECIAL EVENTS· PUBLIC WORKS
DATE: September 14, 1995
The primary functions performed by Public Works' staff for special events are as follows: setting
up and removing barricades, flag and banner hanging, sign making, sign installation, street
cleaning, electrical work and construction and assembly. Most of these tasks require specialized
training, certifications, and/or ability to use special equipment. Le., bucket truck, street sweeper,
MAD VAC, and sign making computer. 'use a very select crew with at 'east one employee who
has a state certification for proper barricade installation. This select trained crew is used to
minimize our liability exposure. My ability to utilize casual labor is very limited. I, therefore,
request that an additional position, Traffic Maintenance Worker " be added to the Traffic
Operations Division. This Division has supplied about 70% of the special events assistance.
RAB:kwg
File:u:grahamlasmemos
Doc.:CasLabr.PW
* Printed on Recyc/&d Paper THE EFFORT ALWAYS MATTERS
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RESOLUTION NO. 70-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY
OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST
DAY OF OCTOBER, 1995, TO THE 30TH DAY OF SEPTEMBER,
1996; TO PRESCRIBE THE TERMS, CONDITIONS AND
PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS
AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND
ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto
and marked Exhibit 'I A II , are hereby appropriated upon the terms and
conditions herein set forth.
Section 2. That, subject to the qualifications contained in
this resolution, all appropriations made out of the General Fund are
declared to be maximum, conditional and proportionate appropriations,
the purpose being. to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1995, and ending the 30th day
of September, 1996, for which the appropriations are made, are
sufficient to pay all the appropriations in full. Otherwise, said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total
amount of revenues estimated by the City Commission to be available in
the period commencing the 1st day of October, 1995, and ending the 30th
day of September, 1996.
Section 3. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September, 1995, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be
made in any appropriation for the fiscal year commencing the 1st day
of October, 1995, provided, however, nothing in this section shall be
construed to be applicable to unencumbered balances remaining to the
credit of the Water and Sewer Fund, Sanitation Fund or any Fund created
by the setting up of special revenue, but such balances shall be used
in financing the proposed 'expenditures of these Funds for the fiscal
year commencing the 1st day of October, 1995.
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Section 4. That no department, bureau, agency or individual ..-
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receiving appropriations under the provisions of this resolution shall ' ..
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such .-,
department, bureau, agency or individual shall exceed the amount of "
its appropriation without such consent and approval of the City "
Commission, the administrative officer or individual, in the ~,
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discretion of the City Commission, may be deemed guilty of neglect of --
official duty and may be subject to removal therefor.
Section 5. That nothing in this resolution shall be
construed as authorizing any reduction to be made in the amounts
appropriated in this resolution for the payment of interest on, or
retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund, ' -
Sanitation Fund or any other Fund of the city shall be expended for
any purposes other than those for which they are appropriated, and it
shall be the duty of the Budget Administrator and/or Finance Director
to report known violations of this section to the City Manager.
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Section 7. That all monies collected by any department,
bureau, individual of the City government shall be paid .,
agency or
promptly into the City treasury.
Section 8. That the foregoing budget is hereby adopted as
the official budget of the City of Delray Beach, Florida, for the
aforesaid period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to
the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 9. That this resolution shall be effective on ...
Oc tober 1, 1995.
PASSED AND ADOPTED in regular session on this the 19th day of
September, 1995.
ATTEST: ~cfi!?-
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City Cl rk
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EXHIBIT !lA"
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA - FISCAL YEAR 1996
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 10,000 93,330 388,380 118,180 609,890
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6,87 16,635,985 16,635,985
AD VALOREM TAXES 1.03 2,494,185 2.494,185
AD VALOREM DELINQUENT 82,500 82,500
AD VALORE.M - DDA 0,85 78,920 78.920
Sales & Use Taxes 1,512,580 1,512.580
franchi~ Taxes 2,596,000 2.596.000
Utility Taxes 4,773,000 4,773,000
licenses & Permits 1,702,960 1,702,960
Intel governmental 4,448,520 49,000 1,897,800 6,395,320
Charges for Services 2,973,600 25.436,810 28,410.410
r ines & r orfeitures 461,900 461,900
Miscellaneous Revenues 2,911,090 700 628,250 25,500 3,565.540
Other fInancIng Sources 2,243,680 534.480 721,530 3.499,690
TOT Al REVENUES AND OTHER
FINANCING SOURCES 42,836,000 79,620 26,648.540 2,644,830 72,208.990
TOTAL ESTIMATED REVENUES
AND BALANCES 42,846,000 172,950 27,036,920 2.763,010 72,818.880
EXPENDITURES/EXPENSES:
Genelal Government Services 4,917,970 4,917,970
Public Safety 23,511,040 23,511,040
Physicallnvllonment 278,630 14,671,240 14,949,870
Transp0l1ation 1,203,020 1.203,020
Economic Environment 542,070 49,090 2,073.530 2.664,690
Human ServIces 192,500 192,500
Culture & Recreation 5,758,870 2,691,180 377,600 8,827,650
Debt Service 3,170,690 5.403,870 8,574,560
Other Financing Uses 3,134,570 3.409,170 297.740 6,841,480
TOT AL EXPENDITURES/EXPENSES 42,709,360 49,090 26,175,460 2,748,870 71,682,780
Reserves 136,640 123,860 861,460 14,140 1.136.100
TOTAL EXPENDITURES AND RESERVES 42,846,000 172,950 27,036,920 2.763,010 72.818,880
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM i 10 D· - MEETING OF SEPTEMBER 19, 1995
ORDINANCE NO. 49-95 (GARBAGE RATES)
DATE: SEPTEMBER 15, 1995
Ordinance No. 49-95 reflects the proposed increases in the rates
charged for garbage, recycling and trash services for residential
and commercial customers, based on a 2.7% increase to reflect the
Consumer Price Index.
At the September 5th regular meeting, I recommended that you pass
the ordinance on first reading, with the understanding that Waste
Management wished to make a presentation on various alternatives at
the September 12th workshop. The ordinance was passed 4 to 0 and
was subsequently advertised for public hearing on September 19th.
Hence, it appears on the agenda.
At the workshop, however, Mr. Cherry from Waste Management
presented three proposals for garbage collection. The consensus of
the Commission was that while they might be receptive to some
change in service and rates, they wanted the opportunity to hear
from the public and scheduled a public hearing on October 10, 1995,
for this purpose. Waste Management has agreed to keep the current
rates in effect until November 1, 1995.
Therefore, staff recommends that Ordinance No. 49-95 be continued
to the date certain of October 10, 1995, for appropriate
disposition after hearing from our citizens.
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ORDINANCE NO. 49-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE
FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE,
RECYCLING AND TRASH SERVICES PROVIDED TO
RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash",
Subheading "Rates and Charges", Section 51. 70, "Regular Charges Levied", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED,
The following service charges or fees are levied for garbage and trash service:
(A) Charges for the below-described garbage and trash pickup service shall be as
follows and shall commence when a certificate of occupancy is issued for any residential or commercial
units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.72:
(I) For those customers receiving Type A, roll-out cart service, the service charge
shall be ~ $15,82 per month for garbage and trash pickup. However the levy for "Tropic Palms and
Palms of Delray" (known as Type F) shall be $H41 $12.78 per month for garbage and trash pickup.
(2) For those customers receiving Type B, rear-doorlside-door service, the service
charge shall be $13.26 $13.64 per month for garbage and trash pickup. However, the levy for the area
bordered by N.W. 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south
and N.E, 2nd Avenue on the west (known as Type G) shall be ~ $16.64 per month for garbage and
trash pickup,
(3) For those customer receiving Type C, curbside, garbage and household trash in
disposable containers service, the service charge shall be ~ $6.55 per month for garbage and household
trash pickup.
1 Ord. No. 49-95
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(4) For those customers receiving Type D, curbside in owner's container (or for those
customers who, by reason of disability, as certified by a doctor and previously approved by the city, are
unable to place refuse containers on the street, and whose collection by the city or its contractor is thus
pursuant to the Type B, rear-doorlside-door service), the service charge shall be ~ $11.16 per month
for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the north, Federal
Highway on the east, Linton Boulevard on the south. and 1·95 on the west (known as Type H) shall be
$13,86 $14.21 per month for garbage and trash pickup with the exception of the Silver Terrace Subdivision
which shall be Type D at $11,16 per month.
Notes:
(a) Residential customers shall be assessed a ~ $2.22 per unit charge for
recycling service (included in rates set forth above).
(b) Residential customers shall be assessed a ~ $.93 per unit charge for
separate vegetation collection services for all curbside residential dwelling units (included
in rates set forth above). The effective date for this service is October 1, 1992.
(B) Mechanical containers and commercial refuse container service.
(1) For customers receiving Type E, mechanical containers and commercial
refuse container service, the service charge shall be based upon the following for such garbage and trash i
seTV1ces: I
Container Size Pickups Residential Monthly Container Commercial Monthly Container
(Square Yard) Per Week Charge (Collection Charge Only) Charge (Collection and Disposal
Charge)
2 I ~ $39,05 ~ $58.57
3 I ~ 54.34 .:w;n 83.63
4 I ~ 67.80 ~ 106.85
6 1 ~ 95.62 ~ 154.19
8 1 ~ 119.79 ~ 197.88
2 2 ~ 77.65 ~ 116.70
3 2 196,54 108.69 #9M 167.26
4 2 ~ 137.24 205.12 215.34
6 2 ~ 191.23 ~ 308.37
8 2 ~ 239.12 ~ 395.31
2 3 ~ 116.70 ~ 175.27
3 3 ~ 163.02 ~ 250,88
4 3 +99:-9+ 203.91 ~ 321.05
6 3 ~ 286.85 44{}...1..7 462.57
8 3 ~ 358.88 ~ 593.17
2 4 ~ 155.73 ~ 233.83
2 Ord, No. 49·95
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3 4 m.:% 217.36 ~ 334.49
4 4 ~ 271.75 ~07 .59 427.94
6 4 ~ 382,47 ~ 616.76
8 4 ~ 478.67 752.05 791.06
2 5 mAG 194.33 278.57 291.94
3 5 ~ 271.71 ~98.(;2 418.14
4 5 ~ 340.02 509. 78 535.26
6 5 ~ 478.07 733,(;2 770.94 :
8 5 w.:oo 597,99 ~ 988.47
2 6 ~ 233.38 334.49 350.52
3 6 ~ 326.04 ~ 501.75
4 6 ~ 407,81 (;11.57 642.11 ,
6 6 ~ 573.70 ~ 925.13
8 6 ~ 717.79 1,127.87 1.186.37
(2) Multiple-family dwelling units containing five units or more shall use containers
emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space
for a mechanical container or other good reason,
(3) Commercial customers shalI use mechanical containers and commercial refuse
container service (Type E). Commercial customers shall include, but not be limited to, all office buildings, ¡
stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, ¡
laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may
use any of the folIowing containers for accumulation of refuse:
(a) Commercial refuse containers. The city shall require any commercial
customer needing more than six refuse containers to use mechanical containers, if feasible. I
(b) Mechanical containers,
(4) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutualIy agreed upon by the owner/operator and
the city or its contractors, and which are convenient for colIection by the city or its contractors.
(5) Containers emptied by mechanical means shall be provided by the city or its
contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and
the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of
that container shall be as set forth in this chapter; however, the city's contractors shall not impose any
separate or additional charges to customers or to the city for the rental or routine/regular maintenance of
such containers that may be performed by the city's contractors.
(6) Commercial customers needing less than six refuse containers, and those approved
for this type of service by the city in advance because they lack a suitable location for a mechanical
container shall also be serviced at least once per week. All garbage and commercial trash shalI be collected
3 Ord. No. 49-95
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trom such refuse containers at locations agreed to between the city or its contractors and the customer. The
charge shall be based upon the following for such garbage and trash services:
90-Gallon Cart Service
Pick-ups per Week Monthly Charge
1 m:oo $39.03
2 ~ 75.94
3 ~ 114.96
4 ~ 152.94
5 ~ 190.91
6 ~ 227.82
(C) The charges set forth above for mechanical containers and commercial refuse ¡
container service (Type E) shall accrue and be payable on the total capacity of the container whether or not
it is full. Containers of the type and size designated by the city or provided by the city's contractors shall
be used. Where more than one user is serviced by one contractor, the monthly charges shall be levied to ,
each customer by dividing the total monthly cost by the number of customers using that container;
however, in no event shall the monthly service charge be less 'than ~ $39,05 for residential dumpster
service and ~ $57.36 for commercial dumpster service. The term "CUSTOMER" as employed herein
is any person using the service or to whom the service is available. Even if the customer is different from
the person who is actually billed for or pays for the service, the minimum monthly charge referred to above
shall be calculated as to each customer.
(0) Commercial rates for recycling:
Container Size Pick-ups Per Week Recycling Monthly Billing Rates
(Square Yard)
96 gal 1 S+34+ $18.96
2 I 44M 45.74
3 1 ~ 60.25
4 1 ~ 82,55
6 1 -l%:4é 109.33
8 1 ~ 137.23
96 gal 2 ~ 29.02
2 2 ~ 69.17
3 2 3+:-99 90.37
4 2 ~ 128.31
6 2 ++4:9G 179.62
4 Ord. No. 49-95
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8 2 ~ '229.84
96 gal 3 ~ 37.93
2 3 ~ 91.49
3 3 116.24 119.37
4 3 mM 175.16
6 3 253.12 259.96
8 3 315.05 323.56
96 gal 4 ~ 47,98
2 4 H+:9Q 114.92
3 4 ~ 149.50
4 4 ~ 220,90
6 4 ~ 319.10
8 4 ~ 416.16
96 gal 5 ~ 58.02
2 5 H4:-1G 138.34
3 5 ~ 178.51
4 5 ~ 267.77
6 5 378.00 388.27
8 5 ~ 508.76
96 gal 6 ~ 68,05
2 6 ~ 161.77
3 6 ~ 207.52
4 6 ~ 314.63
6 6 ~ 457.45
8 6 ~ 601.36
(E) Multi-Family Rates for Recycling:
Multi-family units which do not receive curbside recycling service shall be I
assessed a monthly charge of $-84 $1,79 per unit which shall be billed by the Contractor.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4, That this ordinance shall become effective immediately upon passage on
second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after
October 1, 1995.
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PASSED AND ADOPTED in regular session on second and final reading on this the !
day of . 1995.
MAYOR
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City Clerk
First Reading
Second Reading
6 Ord. No. 49-95
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 10 £ - MEETING OF SEPTEMBER 19, 1995
..DRD I NANCE NO. 51-95
DATE: SEPTEMBER 15, 1995
This is second reading and public hearing for Ordinance No. 51-95
which establishes the initial zoning classifications for the
Bloods Hammock Groves property. The zoning categories include
51.71 acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open
Space, and 10.27 acres of SAD. The subject property is located
south of Linton Boulevard and east of Military Trail. Please
refer to the attached staff documentation for analysis of this
proposal.
Planning and Zoning Board approved the initial zoning designa-
tions subject to positive findings with ,respect to Section
2.4.5(D) (1), Section 3.1.1., Section 3.3.2 and policies of the
Comprehensive Plan.
Recommend approval of Ordinance 51-95 on second and final
reading.
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ORDINANCE NO. 51-95 -
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ...
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DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING - ,
CLASSIFICATIONS FOR A PARCEL OF LAND KNOWN AS BLOOD'S
GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND
EAST OF MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; SAID LAND HAVING BEEN ANNEXED TO
THE CITY OF DELRAY BEACH BY ORDINANCE NO. 42-95;
PROVIDING FOR THE ZONING THEREOF TO PRD- 5 ' (PLANNED
RESIDENTIAL DEVELOPMENT) DISTRICT - 5 UNITS/ACRE) FOR
A 51.71 ACRE PORTION OF THE LAND, TO RM-8 (MEDIUM
DENSITY RESIDENTIAL - 8 UNITS/ACRE) DISTRICT FOR A
28.29 ACRE PORTION OF THE LAND, TO OS (OPEN SPACE)
DISTRICT FOR A 3.81 ACRE PORTION OF THE LAND, AND TO
SAD (SPECIAL ACTIVITIES DISTRICT) FOR A 10.27 ACRE
PORTION OF THE LANDi GRANTING SITE PLAN AND
CONDITIONAL USE APPROVAL FOR THAT PORTION OF THE LAND
TO BE ZONED SPECIAL ACTIVITIES DISTRICT; PROVIDING
FOR REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE
PLAN MODIFICATIONS BY THE SITE PLAN REVIEW AND
APPEARANCE BOARD; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn J.
Blood are the fee-simple owners of the parcels of land as more
particularly described herein; and
WHEREAS, by voluntary petition of the fee-simple owners,
said land was annexed to the City of Delray Beach, Florida, by
Ordinance No. 42-95, passed and adopted on second and final reading by
the City Commission, on September 5, 1995; and
WHEREAS, the designation of a zoning classification is part ..
of the annexation proceeding, and provisions of Land Development :
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Regulations Chapter Two have been followed in establishing the
proposed zoning designations; and
WHEREAS, the establishment of initial zoning was excluded
from the annexation ordinance pending receipt of legal descriptions
for each of the initial zoning classifications; and
WHEREAS, said legal descriptions have now been provided; and
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WHEREAS, thè Planning and Zoning Board reviewed the subject -.,
matter at public hearing on July 17, 1995, and voted 6 to 0 to
recommend that the request be approved, based on positive findings
with respect to Section 2.4.5(D)(1), Section 3.1.1 and Section 3.3.2
of the Land Development Regulations, and policies of the Comprehensive
Plan.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE "-.r
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: -
i:.:
Section 1. That Chapter Two of the Land Development .-
Regulations has been followed in the establishment of the zoning - .~
classifications in this ordinance and the tract of land hereinafter ';'..'
described as Parcel 1 is hereby declared to be in Zoning District :.:1..
C"'"
PRD-5 (Planned Residential Development - 5 units/acre)as defined by "-
existing ordinances of the City of Delray Beach, to-wit:
PARCEL 1:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as follows:
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Commence at the West Quarter Section corner of said ' ,
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Section 25; thence North 89 degrees 09'5711 East, along f
the East-West Quarter Section Line of said Section 25, :.1.
40.00 feet to the Point of Beginning; thence North 0 ~
degrees 59'57" West, along a line 40.00 feet East of
and parallel with the West line of said Section 25,
336.'22 feet; thence North 89 degrees 09'13" East, along -
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the North Line of the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW ~~
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1/4) of the Northwest Quarter (NW 1/4) of Section 25, ,-
632.92 feet; thence South 1 degree 01' 1311 East, along u.
the East Line of the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4) of Section 25,
336.36 feet; thence North 89 degrees 09'57" East, along
the East-West Quarter Section Line of Section 25,
673.04 feet; thence North 1 degree 02'2911 West, along
the West Line of the East Half (E 1/2) of the Northwest
Quarter (NW 1/4) of Section 25, 346.75 feet; thence .:....
North 87 degrees 22'41" East, 300.11 feet¡ thence North ¡
80 degrees 18' 4 P East, 121.93 feet; thence North 88
degrees 35'07" East, 114.70 feet to a point of
curvature of a curve concave Northwesterly with a
radius of 98.38 feet and a central angle of 86 degrees ..
50'54"; thence Northeasterly, along the arc of said : ~~
curve, 149.13 feet; thence North 1 degree 44'13" East, ~ 'c/
108.07 feet; thence North 87 degrees 31'4711 West, ;':.
366.51 feet; thence North 6 degrees 13'3711 West, 66.33
feet; thence North 84 degrees 26'55" West, 268.05 feet
to the said West Line of the East Half (E 1/2) of the "-.
,
Northwest Quarter (NW 1/4) of Section 25¡ thence North ,
,
- 2 - Ord. No. 51-95
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1 degree 02'29" West, along said West Line, 318.45 ",-.
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feet; then6e North 88 degrees 52'27" East, 1508.39 feet
to the West Line of Plat of Foxe Chase, as recorded in
Plat Book 38, Pages 1 and 2 of the Public Records of -.
Palm Beach County, Florida; thence South 1 degree ....
:.....
07/33" East, along said West Line, 1021.08 feet to the -'.~
,-
East-West Quarter Section Line of Section 25; thence -.
South 89 degrees 09'57" West, along said East-West --,-
Quarter Section Line, 837.00 feet to the Northwest g;
::¡,,~
Corner of the Northeast Quarter (NE 1/4) of the i.¿
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW ~
1/4) of Section 25; thence South 1 degree 03'45" East, ;'';'
,"'-
along the West Line of the Northeast Quarter (NE 1/4) ~._.
of the Northeast Quarter (NE 1/4) of the Southwest h
Quarter (SW 1/4) of Section 25, 89.33 feet to the .,...¿
Northeast Corner of the Plat of Del-Aire Golf Club
Second Addition, as recorded in Plat Book 39, Pages 66
and 67 of the Public Records of Palm Beach County, ~1
Florida; thence Southwesterly and Westerly along the ~
arc of a curve concave Northerly with a radius of ';t~
685.00 feet, a central angle of 78 degrees 21'26" and a ,:¡,
~.~
line to the radius point of said curve bearing North 62 ~.
~ P'¡;
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degrees 11'42" West, 936.80 feet; thence North 73
,,_
degrees 50' 1611 West, 223.46 feet to a point of
curvature of a curve concave Southerly with a radius of t~~
685.00 feet and a central angle of 6 de.grees 43'38";
thence Westerly, along the arc of said curve, 80.43 -
feet; thence North 80 degrees 33'54" West, 268.51 feet ..'1
~
to a point of curvature of a curve concave Southerly
with a radius of 685.00 feet and a central angle of 20
-
degrees 22' 20 I' ; thence Westerly, along the arc of said .'
curve, 243.56 feet; thence South 79 degrees 03'46"
West, 384.56 feet to a line 40.00 feet East of and
parallel with the West line of Section 25; thence North
o degrees 59'57" West, along said parallel line, 351.07
feet to the said Point of Beginning. Containing 51.71 - ,
acres, more or less.
Section 2. That Chapter Two of the Land Development
Regulations has been followed in the establishment of the zoning
classifications in this ordinance and the tract of land hereinafter .-
described as Parcel 2 is hereby declared to be in Zoning District RM-8
(Medium Density Residential - 8 units/acre) as defined by existing
ordinances of the City of Delray Beach, to-wit:
- 3 - Ord. No. 51-95
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PARCEL 2: ..
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That part of Section 25, Township 46 South, Range 42 ..-
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East, Palm Beach County, Florida, described as follows: ~~
....
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Commence at the West Quarter Section Corner of said ";").
"
Section 25; thence North 89 degrees 09'57" East, along '.1'
the East-West Quarter Section Line of said Section 25, i~~
1346.08 feet to the West line of the East Half (E 1/2)
of the Northwest Quarter (NW 1/4) of Section 25; thence ,-
?1
North 1 degree 02'29" West, along the said West line,
1013.40 feet to the Point of Beginning; thence North 88 -L--:
degrees 52'2711 East, 908.39 feet to a line 600.00 feet ~~
West of and parallel with the West line of the Plat of ~
Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2 ~
of the Public Records of Palm Beach County, Florida; ~.f
thence North 1 degree,07'33" West, along said parallel '¡'.
.~
line, 651. 60 feet; thence South 88 degrees 52'2711 West, -F1t{
;:.~
22.30 feet to a point of curvature of '.'i
a curve concave :.t
Southerly with a radius of 150.00 feet and a central ,:;.;:~
angle of 36 degrees 51'35"; thence Westerly, along the ':.."It:
arc of said curve, 96.50 feet; thence South 52 degrees ;:"r:
00'53" West, 32.98 feet; thence North 37 degrees 59'07" ~;
West, 165.99 feet to a point of curvature of . .
a curve ,.
concave Easterly with a radius of 370.00 feet and a .,
central angle of 37 degrees 03'10"; thence Northerly, :'~.
along the arc of said curve, 239.28 feet; thence North i~·
0 degrees 55'57" West, 248.80 feet to point of
curvature of a curve concave Easterly with a radius of --
220.00 feet and a central angle of 12 degrees 52'11";
thence Northerly, along the arc of said curve, 49.42
feet; thence North 11 degrees 56'1411 East, 206.78 feet
to a point of curvature of a curve concave Westerly
with a radius of 300.00 feet and a central angle of 12 ' "
degrees 52'11"; thence Northerly, along the arc of said
curve, 67.39 feet; thence North 0 degrees 55'57" West, "-:
.. ..
152.08 feet to the North Line of said Section 25 ;
thence South 89 degrees 04'03" West, along said North
Line, 655.27 feet to the West Line of the East Half (E
1/2) of the Northwest Quarter (NW 1/4) of said Section
25; thence South 1 degree 02'29" East, along said West ..
"
Line, 1678.85 feet to the said Point of Beginning.
Containing 28.29 acres, more or less. "
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Section 3. That Chapter Two of the Land Development ~
Regulations has been followed in the establishment of the zoning .. .-
classifications in this ordinance and the tract of land hereinafter - .
described as Parcel 3 is hereby declared to be in Zoning District OS ~~;~
-~
(Open Space) as defined by existing ordinances of the City of Delray ...
-
Beach, to-wit: ":~
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PARCEL 3: ~
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Tha t part of Section 25, Township 46 South, Range 42 l~
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East, Palm Beach County, Florida, described as follows:
Commence at the West Quarter Section Corner of said .'.....
~.,:
Section 25¡ thence North 89 degrees 09'57" East, along :~i
:;:..~
the East-West Quarter Section Line of said Section 25, ~'f:
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1346.08 feet to the West line of the East Half (E 1/2) :f
of the Northwest Quarter (NW 1/4) of Section 25¡ thence 'iL
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North 1 degree 02'29" West, along the said West line, i'l
346.75 feet to the Point of Beginning; thence North 87 :..-r
degrees 22'41" East, 300.11 feet¡ thence North 80 ~
~~
degrees 18'41" East, 121.93 feet; thence North 88 ~:¡
;....."
degrees 35'07" East, 114.70 feet to a point of ':1
.;.,.þ'
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curvature of a curve concave Northwesterly with a :!:
radius of 98.38 feet and a central angle of 86 degrees ~
50'54"¡ thence Northeasterly, along the arc of said ;f
...:~
curve, 149.13 feet; thence North 1 degree 44'13" East, . _.~
108.07 feet¡ thence North 87 degrees 31'47" West, ..
366.51 feet; thence North 6 degrees 13'37" West, 66.33
feet; thence North 84 degrees 26'55" West, 268.05 feet
to the said West line of the East Half (E 1/2) of the
Northwest Quarter (NW 1/4) of Section 25; thence South '.
1 degree 02'29" East, along said West Line, 348.20 feet
to the said Point of Beginning. Containing 3.81 acres, ,,~
more or less. 7f.
Section 4. That Chapter Two of the Land Development i";~
Regulations has been followed in the establishment of the zoning ;.,}:
classifications in this ordinance and the tract of land hereinafter
described as Parcel 4 is hereby declared to be in Zoning District SAD -
":0
(Special Activities District) as defined by existing ordinances of the
City of Delray Beach, to-wit:
PARCEL 4:
Tha t part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as follows:
- 5 - Ord. No. 51-95
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Commence at the West Quarter Section Corner of said _~ iii
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Section 25; thence North 89 degrees 09'57" East, along .
the East-West Quarter Section Line of said Section 25, ..
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1346.08 feet to the West line of the East Half (E 1/2) -..
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of the Northwest Quarter (NW 1/4) of Section 25; thence ;~
North 1 degree 02'2911 West, along the said West line, it
1013.40 feet; thence North 88 degrees 52'27" East, [::
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908.39 feet to a line 600.00 feet West of and parallel "'-'
f~
with the West line of the Plat of Foxe Chase, as :-;
recorded in Plat Book 38, Pages 1 and 2 of the Public '.
.;.....
Records of Palm Beach County, Florida; thence North 1 "
degree 07'33" West, along said parallel line, 651.60 ;.,.'.
::i
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feet to the point of beginning; thence South 88 degrees :~;:
TI:
52'27" West, 22.30 feet to a point of curvature of a :;:1.
curve concave southerly with a radius of 150.00 feet
and a central angle of 36 degrees 51'34"; thence .......
.".
Westerly, along the arc of said curve, 96.50 feet; ~11
thence South 52 degrees 00'53" West, 32.98 feet; thence ?;
~:
North 37 degrees 59'07" West, 165.99 feet to a point of ;..¡;,
~.
curvature of a curve concave Easterly with a radius of :¿
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370.00 feet and a central angle of 37 degrees 03' 10 II ; 1.-
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thence Northerly, along the arc of said curve, 239.28 '_.J
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feet; thence North 0 degrees 55'57" West, 248.80 feet ;t
~
to point of curvature of a curve concave Easterly with ,:![
a radius of 220.00 feet and a central angle of 12 ~
degrees 52'11"; thence Northerly, along the arc of said ..
,',
curve, 49.42 feet; thence North 11 degrees 56'14" East, ;
206.78 feet to a point of curvature of a curve concave
Westerly with a radius of 300.00 feet and a central
angle of 12 degrees 52'11"; thence Northerly, along the "
......
arc of said curve, 67.39 feet; thence North 0 degrees ''-
55'57" West, 152.08 feet to the North line of said - -
Section 25; thence North 89 degrees 04'03" East, along
said North line, 237.17 feet to the South right-of-way Ff
line of Germantown Road; thence South 69 degrees 35'37" -...
East, along said South right-of-way line, 264.75 feet ~.~
to a point on a curve concave Easterly with a radius of "
~'JP.
400.00 feet, a central angle of 18 degrees 16'32" and a '.
chord bearing South 13 degrees 33'49" East; thence -
'"
Southerly, along the arc of said curve 127.59 feet to a
point of reverse curvature of a curve concave westerly
with a radius of 320.00 feet and a central angle of 3
degrees 57'27"; thence Southerly, along the arc of said
curve 22. 10 feet; thence South 88 degrees 52'27" West, , -
17.57 feet; thence South 1 degree 07'33" East, 197.79 ' -
feet; thence South 43 degrees 52'27" West, 212.13 feet; -
..".
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- 6 - Ord. No. 51-95 . ,
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thence South 1 degree 07'33" East, 360.00 feet; thence -~
South 88 degrees 52'27" West, 100.00 feet; thence South -
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1 degree 07' 3311 East, 74.40 feet to the said Point of :::
Beginning. Containing 10.27 acres, more or less. ..~
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Section 5. That the uses allowed for the subject property .,..
described in Section 4, above, pursuant to Section 4.4.25(B) of the .:.;;
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Land Development Regulations of the City of Delray Beach, Florida, ::~
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shall be as follows: :;,
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** Thirty-three thousand and five hundred (33,500) sq. ft. g
:",i
of Citrus Packing House and related office and retail ,~
uses (floral, fruit sales, gifts, and juice bar) fi
subject to a maximum retail component of 10,700 sq. ft. +''f
~
** Additional retail sales such as convenience foods; ~
household supplies; garden and lawn supplies; drugs and It
medicine; small appliance sales and repairs; baked j
..
goods; delicatessen goods, subject to a maximum of ~' .
5,000 sq. ft. of floor area allocated to a single retail ::.
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use, or groups of retail uses not to exceed 20,000
sq. ft. maximum. 11
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** Provision of services such as: barber and beauty shops; ='
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dry cleaning limited to on-site processing for customer ~
-.
pick-up only; dry cleaning and laundry pick-up
stations; financing e.g. banks and similar institutions ;;,
excluding drive-through facilities; laundromats limited "
to self service facilities; equipment rental; -"""
..
newsstands; subject to the maximum area devoted to a
single tenant for service uses not to exceed 2,000
sq. ft. in floor area and the floor area allocated to
groups of service uses not to exceed 10,000 sq. ft.
maximum.
** Up to 7,500 sq. ft. of restaurant use, excluding
drive-in, drive-through facilities.
** Professional, medical, and general business office
uses.
** Residential uses as allowed within the RM zoning
district. ' ~
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** A maximum floor area for the combined uses is not to >
exceed 65,000 sq. ft. ,-
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Ord. -'-
- 7 - No. 51-95 ~-."
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the property described ......
Section 6. That the development of .....
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in Section 4, above, shall generally be in accordance with Blood's ::;;-
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Commercial Project Master Plan, prepared by Slattery & Root, ~;¡
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Architects, dated July 13, 1995, subject to review and approval of ~-
a
specific site plan by the Site Plan Review and Appearance Board.
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Section 7. That any future modifications to the Blood's ~i'-
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Commercial Project Master Plan, referred to in Section 6, above, which .:.~
~
are not substantial and which do not deal with intensity or type of :'!
uses shall be reviewed by the Site Plan Review and Appearance Board ~ .
and processed as site plan modifications. '5'.
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Section 8. That all ordinances or parts of ordinances in Ei"
conflict herewith be, and the same are hereby repealed. ~
provision of this ~
Section 9. That should any section or 'i:~
::s.
ordinance or any portion thereof, any paragraph, sentence or word be ·:4
~~
::f
declared by a court of competent jurisdiction to be invalid, such il
decision shall not affect the validity of the remainder hereof as a :;"t(.
whole or part thereof other than the part declared to be invalid. i
Section 10. That this ordinance shall become effective Ii
:-,1
immediately upon the effective date of Ordinance No. 44-95, under '.:~,
r$.
which official land use designations of Low Density, Medium Density, ,;,Sj
~
Open Space and Transitional are affixed to the subject parcels ,",
;'"¡t¡i.
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hereinabove described. --'-
.....
PASSED AND ADOPTED in regular session on second and final - ~~
reading on this the 19th day of September , 1995.
M~~ ~......
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ATTEST: "'"
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City Cl rk -_.
First Reading September 5, 1995 ~
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Second Reading September 19, 1995 -"
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- 8 - Ord. No. 51-95 "
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Desi .
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P11
CITY COMMISSION DOCUMENTATION
TO: ~ I"I~HD~ MANAGEH
,~ vJVf~
THRU: DIANE DOMINGU· ,DIRECTO -----
JHTMENT OF :LANNING ÞI. D zojG
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FROM: PAUL DORLI' RINCIPAL PLANNER
SUBJECT: MEETING OF AUGUST 1, 1995
APPLICATION OF INITIAL ZONING DESIGNATIONS OF PRD-5 (51.71
ACRES), RM-8 (28.29 ACRES), OPEN SPACE (3.81 ACRES) AND
SAD (10.27 ACRES) FOR PROPERTY KNOWN AS BLOODS
GROVE ORCHARD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an initial zoning request for
94.08 acres known as the Bloods Grove Orchard. The zoning categories include 51.71
acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open Space and 10.27 acres of
SAD. The subject property is located south of Linton Boulevard and east of Military
Trail.
BACKGROUND:
On April 18, 1994 the Planning and Zoning Board considered a Future Land Use Map
Amendment (94-1) for 94 acres (balance of Bloods Grove) from County MR-5 to City
designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres
CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations
would have allowed a maximum of 680 units. The accompanying development plan
proposed 250 apartments and 375 attached single family units (total of 625 units). The
Planning and Zoning Board had concerns over the proposed intensity. The Board
recommended the proposal be modified to 64 acres of Low Density, 16 acres Medium
Density, 10 acres Transitional, and 4 acres of Open Space. Under this scenario a
maximum unit count of 519 units would have been allowed. The City Commission
heard the request on May 17, 1994 and voted not to transmit the amendment, citing
concerns over the overall density of the proposal .
On April 17, 1995 the Planning and Zoning Board considered a Future Land Use Map
change for the same 94 acres from the County Land Use Map designation of MR-5 to
City designations of approximately 51 acres of Low Density, 29 acres of - Medium
Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations
.
.
City Commission Documentation
Initial Zoning request Bloods Grove
Page 2
accompanying the FLUM amendment allow a maximum of 488 units and low intensity
commercial uses. The FLUM amendment which was part of 95-1 was recommended
for approval. On May 2, 1995 the City Commission approved transmittal of the request
to DCA. This associated Future Land Use Map change and annexation request was
before the City Commission on August 15, 1995 ( first reading). The second and final
reading of the Future Land Use Map changes and annexation are before the
Commission on this same agenda.
The initial zoning request was separated from the annexation and land use changes
pending preparation of legal descriptions for each of the four zoning districts. The legal
descriptions have been prepared· and the associated zoning portion of the Bloods
Grove request is now before the Commission for approval.
ANALYSIS:
The proposed residential zoning categories (PRD-5 and RM-8 ) will allow residential
development at maximum densities of 5 and 8 units per acre respectively. The Open
Space designation will accommodate an existing hammock environment which is to be
preserved. Under the SAD zoning designation the following specific uses are
requested ;
· Thirty-three thousand and five-hundred (33,500) sq.ft. of Citrus Packing House and
related office and retail uses (floral, fruit sales, gifts, and juice bar) subject to a
maximum retail component of 10,700 sq.ft.
· Additional retail sales such as convenience foods; household supplies; garden and
lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods;
delicatessen goods, subject to a maximum of 5,000 sq.ft. of floor area allocated to a
single retail use, or groups of retail uses not to exceed 20,000 sq.ft. maximum.
· Provision of services such as: barber and beauty shops; dry cleaning limited to on-
site processing for customers pick-up only; dry cleaning and laundry pick-up
stations; financing e.g. banks and similar institutions excluding drive-through
facilities; Laundromats limited to self service facilities; equipment rental; newsstands
subject to the maximum area devoted to a single tenant for service uses not to
exceed 2,000 sq.ft. in floor area and the floor area allocated to groups of service
uses not to exceed 10,000 sq.ft. maximum.
· Up to 7,500 sq.ft. of restaurant use excluding drive-in, drive-through facilities.
· Professional, medical, and general business office uses.
· Residential uses as allowed within the RM zoning district.
.
,
City Commission Documentation
Initial Zoning request Bloods Grove
Page 3
. A maximum floor area for the combined uses is not to exceed 65,000 sq.ft.
as noted on the accompanying sketch Plan.
A master plan showing the intensity, and general location of buildings,
circulation, parking and perimeter landscape buffers has been provided (see
attached).
SAD AL TERNA TIVE PROCESSING:
Normally, concurrent with the processing of the SAD rezoning application, a complete
site and development plan must be processed. Further, any future modifications i.e.
addition of parking spaces etc. must be processed as a rezoning of the SAD requiring
review by the Planning and Zoning Board and approval by City Commission. This
process was implemented when both rezonings and site plan reviews were conducted
by the Planning and Zoning Board.
Since 1990 the Planning and Zoning Board has not reviewed site plans, landscape
plans, or elevations except in the case of master plans. The master plan shows the
intensity, and general location of buildings, circulation, parking and perimeter
landscape buffers.
Substantial changes to an SAD including changes in intensity, change of uses etc.
should continue to be reviewed by both the Planning and Zoning Board and City
Commission. However, minor changes to SAD site plans should not. To that end the
SAD ordinance includes language that remands the specific site plan, landscape plan,
and elevations for the SAD portion of this development to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition, language is included in the
ordinance that future modifications which are not substantial and do not deal with
intensification or types of uses can be reviewed by SPRAB and processed as site plan
modifications.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of July 17, 1995.
At the public hearing one resident from the Bel Aire subdivision spoke (Steve
Freedman) inquiring as to the location of the future access on Military Trail. The Del
Aire community indicated by way of a letter from their attorney that they support the
request. The Board unanimously recommended approval of the annexation and zoning
on a 6-0 vote (Carolyn Young absent).
.
.
City Commission Documentation
Initial Zoning request Bloods Grove
Page 4
RECOMMENDED ACTION:
By motion, approve the initial zoning designations of 51.71 acres of PRD-5, 28.29 acres
of RM-8, 3.81 acres of Open Space and 10.27 acres of SAD subject to positive
findings with respect to Section 2.4.5 (0)(1), Section 3.1.1. Section 3.3.2 and policies
of the Comprehensive Plan .
Attachments:
* Planning and Zoning staff report
S:\PLANNI\DOCUME\BLOOD5.DOC
.
.
PLANNINGAN[' "ZONING BOARD
CITY OF DELRAY BEACH --- S fAFF REPORT ---
MEETING DATE: July 17, 1995
AGENDA ITEM: V.B.
ITEM: Annexation & Initial Zoning of PRD-5, RN-8, OS, & SAD Districts
for Bloods Hammock Groves.
GENERAL DATA:
Owner,...,................................,.............. Nonnan W. Blood and
Estate of Carolyn J, Blood
Appiicant................................................ Donaldson E. Hearing
Cotleur Hearing
Location................................................. South side of Linton Boulevard,
east of Military Trail,
Property Size......................................... 94.14 acres
Land Use Map Designation..................., Transitional
County Zoning Designation.................... AR (Agricultural Residential)
Proposed Zoning Designations.............. PRD-5 (Planned Residential Development)
SAD (Special Activities District), OS
(Open Space) and RM-S (Multiple Family
Residential)
Adjacent Zoning............................North: CF (Community Facilities), RM-10 (Multiple
Family Residential), OS (Open Space) and
RL (Multiple Family Residential)
East: RS (Single Family Residential - PBC), OSR
(Open Space and Recreation), A (Agricultural),
and CF
Sc;>uth: R-1-AA (Single Family Residential) and OSR
West: POC (Planned Office Center), RM-10, CF, RS/SE
(Single Family Residential - PBC),
Existing Land Uses.............................,.. Existing commercial orange grove,
Proposed Land Uses..............................Annexation and initial zoning for a 94.14 parcel
proposed for 51.25 acres of PRD, 29.09 acres of
RM, 9.S4 acres of SAD, and 3,,96. acres'of OS.
Water Service........................................ Existing 12" water main in Gennantown Road
right-of-way. Existing 10" water main in Linton
Boulevard, Existing 12" sewer main serving the
Blood's Grove Elementary School
Sewer Service,............,.......................... Existing S" sewer main serving the Blood's Grove
Elementary School tied into an existing lift station
on site,
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The action before the Board is that of making a recommendation on an
annexation and initial zoning request to PRD-5, RM-8, SAD, and OS for 94.14
acres known as the Bloods Grove Orchard.
The subject property is located south of Linton Boulevard and east of Military
Trail.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to annexation and
zoning of property within the City's Planning Area.
With the adoption of the Comprehensive Plan in November, 1989, "advisory"
land use designations were applied to all areas which were outside the City limits
but within the City's Planning Area. The 111 acre Bloods Grove site was given
advisory designations as follows: 40 acres Medium Density Residential, 40
acres Low Density Residential, 17 acres Community Facilities, 10 acres
Commercial Core, and 4 acres Open Space. The 17 acres of Community
Facilities was intended to accommodate a future elementary school site,
neighborhood park, and fire station in the southwest portion of the City. On
November 26, 1991 the City annexed 1.808 of the 111 acres, at the northeast
corner of the property via Ordinance 76-91. The 1.808 acres consisted of an
access easement as well as a temporary and permanent fire station site. The
temporary fire station was placed on the site while the permanent fire station was
constructed. Fire station # 5 has since been completed and the temporary
station removed.
In April, 1993, an annexation petition, Future Land Use Map amendment and
initial zoning request to accommodate a 10 acre elementary school site on the
Taheri property adjacent to Bloods Grove was submitted. Before those actions
were formally processed, the School Board reconsidered that location and
instead chose a 10 acre site in the northeast portion of Bloods Grove. As a part
of the School District's purchase contract the City is to locate a municipal park
contiguous to the school site.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 2
In April, 1993 the owners of Bloods Grove granted agency to the City for the
processing of an annexation petition and all land development applications
necessary to accommodate a 10 acre elementary school (School Site S) and 6
acre municipal park. The change in land use from MD (Medium Density
Residential) to CF (Community Facilities) was processed with Land Use Plan
Amendment 93-2. The related annexation and initial zoning were approved by
City Commission on March 22, 1994. The Conditional Use request to establish
the school was approved by City Commission at its meeting of April 5, 1994. On
April 8, 1994 the sale of the school site to Palm Beach County School Board
and the park site to the City was consummated. The school site is now under
construction and the park site is slated for future development.
On April 18, 1994 the Planning and Zoning Board considered a Future Land Use
Map Amendment for 94 (balance of Bloods Grove )acres from County MR-5 to
City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density),
10 acres CC (Commercial Core), and 4 acres OS (Open Space). These
proposed designations would have allowed a maximum of 680 units. The
accompanying development plan proposed 250 apartments and 375 attached
single family units (total of 625 units). The Planning and Zoning Board had
concerns over the proposed intensity. In addition several members were
concerned with the relocation of the Commercial Core designation from the
center of the site to Linton Boulevard. The Board recommended the proposal be
modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres
Transitional, and 4 acres of Open Space. Under this scenario a maximum unit
count of 519 units would have been allowed. The City Commission heard the
request on May 17,1,994 and voted not to transmit the amendment, citing
concerns over the overall density of the proposal .
On April 17, 1995 the Planning and Zoning Board considered a Future Land
Use Map change for the same 94 acres (balance of Bloods Grove) from the
County Land Use Map designation of MR-5 to City designations of 51 acres of
Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres
of Transitional. This amendment which was part of 95-1 was recommended for
approval. On May 2, 1995 the City Commission approved transmittal of the
request to DCA. This associated Future Land Use Map change will be before
the Planning and Zoning Board and City Commission for final adoption
simultaneously with this annexation and initial zoning request. The related
annexation and initial zoning for the 94 acre site is now before the Board for
action.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 3
The request is for voluntary annexation of 94.14 acres and the application of the
following four initial zoning districts:
* PRD-5 ( Planned Residential Development -5 units per acre) -51.25 acres
- Maximum 258 sq.ft. units
* RM-8 (Residential Medium Density - 8 units per acre) - 29.09 acres-
Maximum of 234 multi-family units
* OS (Open Space) - 3.92 acres
* SAD (Special Activities District) - 9.84 acres
The Open Space district will accommodate an existing hammock environment
which is to be preserved. Under the SAD zoning designation the following
specific uses are requested;
· Thirty-three thousand and five-hundred (33,500) sq.ft. of Citrus Packing
House and related office and retail uses (floral, fruit sales, gifts, and juice bar)
subject to a maximum retail component of 10,700 sq.ft.
· Additional retail sales such as convenience foods; household supplies;
garden and lawn supplies; drugs and medicine; small appliance sales and
repairs; baked goods; delicatessen goods, subject to a maximum of 5,000
sq.ft. of floor area allocated to a single retail use, or groups of retail uses not
to exceed 20,000 sq.ft. maximum.
· Provision of services such as: barber and beauty shops; dry cleaning limited
to on-site processing for customers pick-up only; dry cleaning and laundry
pick-up stations; financing e.g. banks and similar institutions excluding drive-
through facilities; laundromats limited to self service facilities; equipment
rental; newsstands subject to the maximum area devoted to a single tenant
for service uses not to exceed 2,000 sq.ft. in floor area and the floor area
allocated to groups of service uses not to exceed 10,000 sq.ft. maximum.
. · Up to 7,500 sq.ft. of restaurant use excluding drive-in, drive-through facilities.
· Professional, medical, and general business office uses.
· Residential uses as allowed within the RM zoning district.
· A maximum floor area for the combined uses is not to exceed 65.000 sq.ft.
as noted on the accompanying sketch Plan.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 4
A master plan showing the intensity, and general location of buildings,
circulation, parking and perimeter landscape buffers has been provided. An
alternative approval scenario (Le. SPRAB versus P&Z) is requested for the
specific site plan, landscape plan, and elevations approval (see discussion later
in this report).
Florida Statutes Governing Annexations:
Pursuant to Florida Statute 171.044" the owner or owners of real property in an
incorporated area of the County which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves".
* The owner of the subject property has petitioned for a voluntary annexation.
* The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. The parcel is contiguous via the
Shadywood subdivision to the north, Del Aire subdivision to the south, and
the Linton Office Center, South County Mental Health Facility and the
proposed Citation Club rental community to the west.
An "Enclave" is defined by Florida Statute 171.031 as:
"Any unincorporated improved or developed area that is enclosed within
and bounded by single municipality and a natural or manmade obstacle
that allows the passage of vehicular traffic to that unincorporated area
only through the municipality."
* The annexation of this property will not create an enclave of the Foxe Chase
subdivision to the east as this subdivision by the above definition is already
an existing enclave. Currently the subdivision's access is re~tricted to
Germantown Road in which all vehicular traffic must first enter the City before
accessing the development.
.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 5
Consistency with the City's Comprehensive Plan:
The City's current Advisory Future Land Use Map designation for the property is
a combination of Open Space, Commercial Core, Low Density Residential and
Medium Density Residential. This designation is being modified via the Land
Use Amendment request 95-1 to Low Density, Medium Density, Open Space,
and Transitional. The County Land Use Map designation for the property is MR-
5 (Medium Density Residential). The City's FLUM designations will become
effective upon annexation and completion of the City's Plan Amendment 95-1
scheduled for City Commission action at the same meeting as this annexation
and initial zoning proposal.
Designated Annexation Area: This requested annexation is consistent with
Policy B-3.4, of the City's Future Land Use Element which calls for annexation of
eligible properties. The property is shown within the "designated annexation
area" # 2, east of Military Trail and south of Linton Boulevard.
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
Police:
This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress , which serves the South County Area. The
property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on
the west, Delray Beach City limits on the east, Atlantic Avenue to the north, and
Clint Moore Road to the south. One officer is assigned to a particular zone
during a shift (three shifts per day). Additional response can be mustered from
"Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as
police currently pass the property while patrolling areas of the City to the north,
south, and west of the property.
Fire and Emergency Services:
The annexation of this property will not require additional manpower. The
municipal area is served by Fire Station #5 located immediately east of the
property on Germantown Road.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 6
With annexation the property will receive an improvement in response time from
the current 6 minutes for the County Fire Department (Fire Station #42/ Hagen
Ranch Road near the Turnpike) to approximately 1 minute for the City's Fire
Department ( Fire Station #5/ Germantown Road and Linton Boulevard).
Water:
Water is available to the site from the north (Germantown Road and Linton
Boulevard ) and from the east within the elementary school site. On site
extensions of a 12" water main will be required through the site to tie into water
mains proposed within the Citation Club development (Taheri property) as well
as across the L-37 canal to connect with existing 8" water mains within the Del
Aire subdivision. Along the new mains, fire hydrants must be installed with a
maximum of 300' spacing.
Sewer:
Sewer service is available from a new 8" main which has been extended from
Linton Boulevard south to the elementary school. With the school development
a new lift station has also been constructed which has been sized to
accommodate future development of this site. Gravity main extensions (8") will
be required with further development of the site.
Streets :
The property has access from both Military Trail to the west and Linton
Boulevard to the north. Access to the existing Bloods Orchard commercial
operation is gained from a new entry built with the newly aligned intersection of
Germantown and Linton Boulevard. Military Trail and Linton Boulevard are
under the jurisdiction of Palm Beach County and the jurisdictional and
maintenance responsibility will not change with annexation.
Parks and Open Space:
As the Planning Area was considered in the development of the Comprehensive
Plan, the act of annexation and applying initial zoning designations consistent
with the advisory land use designations will have no effect on parks and open
space levels of service. It is noted that the zoning designations being sought are
less intense than those considered with the development of the Comprehensive
Plan. Further, as part of this development proposal 4 acres of the site is to be
dedicated as open space to preserve an existing Hammock area.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 7
Solid Waste:
As there is no actual change in land use there will be no change in the existing
solid waste generation at this time. The service provider for the developed
portion (Bloods Orchard commercial operation ) would remain the same (South
County Sanitation) while future site development will have a different provider
as described later in this report.
Financial Impacts:
Impact Upon Annexed Property:
For the 1994 tax year the subject property had an assessed value of $2,662, 205
with an agricultural exemption of $2,185,250 for a total taxable value of
$476,955. With the change from County to City jurisdiction, the following taxes
and rates are affected:
Ad Valorem Taxes Mileage With annexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City of Delray Beach 6.8800 Added (City)
City of Delray Beach 1.0700 Added (City)
----------
4.9524 difference
* Total tax mileage in the County is 20.1501 mills while in the City the total
millage rate is 25.1020 mills
The current yearly ad valorem taxes are $ 9,610.69 . With annexation the yearly
ad va10rem taxes will be $11,972.52; a tax difference of $2,361.83. In addition
to property taxes the following non ad valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc. A 25%
discount from the assessment is available as the site is within the Lake Worth
Drainage District and an additional 25% discount is available for the on site
retention system. The estimated annual Storm water Assessment fee for the
existing commercial operation is $919.00 a year. With future development of the
commercial and residential portion of the site the assessment will increase
accordingly.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 8
Solid Waste Authority: - This site is currently serviced by South County
Sanitation, which is under a five year contract that runs from October 1, 1993
through September 30, 1998. The City's contract is currently through Waste
Management Inc. Pursuant to Florida Statute 171.062(4)(a) "if a party has a
contract which is in effect for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services to the
annexed area for five years or the remainder of the franchise term, whichever is
shorter. As the annexation was not initiated within the six month period, the
waste provider for the commercial operation will not change with annexation.
When this current contact expires, the waste provider for this property will be the
current City provider. The out-of-City I in-City rates are anticipated to be
competitive.
With future development of the balance of the site (residential portion) the
service provider will be the current City provider.
Occupational Licenses: With annexation the existing commercial operation will
be required to obtain City Occupational Licenses in addition to the required
County Licenses. It is anticipated that the juice bar, gift shop and garden shop
will generate $240.00 (current fees), 375.00 (proposed fees) in annual City
license fees.
Resulting impact to property owner:
-
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 94/95 County $2,361.83
20.1503 to City 94/95 rate
25.1020 mills. (4.9524)
NON AD VALOREM
Stormwater Assessment $ 919.00
Solid Waste Collection $ .00
OCCUPA TIONAL LICENSE FEES $ 240.00
TOTAL $ 3,520.83
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P &Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 9
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from 6.0 minutes
(estimated time) (County) to 1.0 minutes (City).
EMS + Faster response time from 6.0 minutes
(estimated time) (County) to 1.0 minutes (City).
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pro-active versus reactive opportunity to
work with property owners.
Fiscal Impacts to the City:
At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills,
the property will generate approximately $3,791.79 in new ad valorum taxes
per year. This total increases to $21,164.53 with the removal of the agricultural
exemption. With future residential and commercial development, additional
revenue will be realized through increased assessment value, building permit
and license fees, the annual collection of the Stormwater assessment fees as
well as utility taxes (9.5% electric, 7% telephone) and franchise fees (5.536%
electric, 1 % telephone and 3% cable).
With future development of the residential portions of the property additional
revenues will be generated from per capita reimbursements. The major sources
of per capita revenue are sales tax, cigarette tax, and State Revenue sharing.
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REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings mu~t be made in a
form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate
to the following four areas.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 10
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The proposed City Future Land Use designation in the related Future Land Use
Map amendment (95-1) is a combination of Low Density, Medium Density, Open
Space and Transitional. The proposed zoning designations of PRD-5, RM-8,
Open Space, and the SAD as described are consistent with these Future Land
Use Map designations.
The list of uses includes those that were specifically requested by the applicant
as well as others that are consistent with zoning districts allowed under the
Transitional Land Use designation (i.e. RM, P~C, POD and NC). No square
footage restrictions (other than overall SAD maximums) are placed on the
office or residential uses as these uses are allowed without restrictions under
the POD, P~C and RM zoning designations.
The proposed 33,500 sq.ft.of Citrus packing house use includes the
existing 20,000 sq.ft. of manufacturing, office and commercial components and
an additional 5,000 sq.ft. of related retail, 3,000 sq.ft. of manufacturing and
5,500 sq.ft. of office use.
The proposed restrictions to the service and retail components are generally
consistent with the restrictions outlined under the NC zoning district.The
following differences are noted;
* The Neighborhood Commercial zoning district (NC) restricts retail uses to
a 10,000 sq. ft. total versus 20,000 sq. ft. as requested. This is
appropriate as the overall size of the SAD (10 acres) is larger than the
maximum allowable NC site (2 acres). The applicant has agreed to limit
the maximum square footage per tenant to 5,000 sq.ft. verses the
maximum of 10,000 as allowed under the NC district. This will help
ensure that the resulting retail is a mix of specialty shops, rather than a
larger retail outlet.
* The Neighborhood Commercial District further restricts restaurants to a
maximum of 2,000 sq.ft. per tenant while no such restriction is placed on
the requested 7,500 sq.ft. restaurant use. Again, given the larger size of
the property, and the fact that restuarants are also permitted in the P~C
zoning district (with restrictions), the 7,500 sq.ft. is not unreasonable.
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.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 11
The proposal involves the annexation of an existing commercial operation and
orchard. At the time of annexation there will be no change in the manner in
which water, sewer, drainage, solid waste and streets/traffic services are
provided. Fire, Police and EMS will shift to a different provider; all these services
will be equal to or enhanced (see annexation analysis for details).
A traffic study was submitted based upon a development potential of 350 Multi-
family units, 200 single family units and 108,900 square feet of commercial
development. The project is anticipated to generate approximately 7,347 new
daily trips. The traffic study indicates that the residential components of the
project will be built first (through 1996). The retail component will be built after
1996 with a projected build out of 1999. The traffic study shows the need to
phase the timing of the project in accordance with three roadway improvements.
These include:
. No building permits for more than 20 single family units or 28 multifamily units
may be issued until improvements to the intersection of Military Trail and Clint
Moore are under construction. The improvement consists of dual left turn
lanes on the north and south approaches. Palm Beach County has the
improvement programmed for this year. This improvement to the intersection
of Military Trail and Clint Moore Road allows the project to be built through
1996. After 1996, Military Trail does not meet Traffic Performance Standards
due to background growth.
. No building permits beyond 1996, or for the retail component may be issued
until the widening of Military Trail between Linton Boulevard' and Clint Moore
Road is under construction. This improvement is scheduled for fiscal year
96/97.
The traffic study further shows a need for a left turn lane and right turn at the
project entrance at Linton Boulevard. Additional turn lane improvements may be
required at Military Trail. Further, as the project generates more than 7,000 net
daily trips it is classified as a major project. Major projects require an additional
test (Test 2) to be run by the Metropolitan Planning Organization and final
approval from the Palm Beach County Traffic division can not be issued until the
model run is completed.
With future development of the site a central access roadway is proposed
through the property from Linton Boulevard south to Military Trail. The majority
of this roadway is proposed as a private gated roadway, however, access to the
elementary school site and Linton Boulevard is to be provided for the Citation
Club rental community proposed on the Taheri property. This required access is
indicated as a City collector on the Future Land Use Map and in the
Comprehensive Plan.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 12
As no development proposal is eminent for Bloods the ability to provide this
connection must be maintained and required of future development. It is
recommended that prior to removing the reference to this connection as a City
Collector from the Future land Use Map a developers agreement be executed
and recorded between Bloods and the City requiring the desired connection.
This agreement should be submitted and executed during the platting process at
which time right-of-way dedications and access tracts will be established.
In addition, a collector roadway is proposed extending south from Linton
Boulevard between the City park site and the proposed SAD portion of this
proposal. This collector roadway will provide access to the new elementary
school for both bus and parent traffic. Both of these internal roadways are to be
constructed concurrently with development of the site at the developer's
expense.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5 (D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it . Where existing strip
commercial areas or zoning exists along an arterial street ,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
The proposed SAD portion of the initial zoning application is not a strip
commercial zone district. The parcel has a depth of over 1,000 feet and
will have the uses internally orientated. The commercial aspects will
complement the existing Citrus packing house, creating a unique
shopping designation.
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 13
The application of specific zoning designations throughout the parcel have
been selected to maximize compatibility with adjacent development. The
Low Density zoning (PRD-5) is proposed along the south and east
portions of the site adjacent to the low density Foxe Chase and Del Aire
communities. The Medium Density designation of RM-8 is proposed
between the Linton Office Center, South County Mental Health facility and
Citation Club Rental Community to the west and the proposed SAD parcel
to the east. The SAD parcel is between the proposed RM-8 to the west
and the new elementary school and municipal park site to the east.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate; and,
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
As this petition is an initial zoning designation to be applied to property being
annexed the above section does not apply.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Conservation Element Policy 8-2.1: - Submission of a biological survey
and a habitat analysis shall accompany land use requests for...rezonings...
However this requirement shall not apply... where it is that there are not
such resources.
An Environmental Assessment of the site was conducted by Grant
Thornborough & Associates and submitted in March, 1994. The
conclusions of the study includes a recommendation to preserve the only
environmentally significant parcel (oak hammock site). This is being
accomplished through the application of the Open Space zoning category.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 14
Housing Element Objective C-2: - Redevelopment and the development of
new land shall result in the provision of a variety of housing types which
shall continue to accommodate the diverse makeup of the City's
demographic profile. Policies which will assure this objective include:
Housing Element Policy C-2.2: Vacant land areas west of 1-95, shown on
the Future land Use map as low density residential and rural residential,
shall be retained for single family detached housing or low density planned
unit residential development.
The development proposal provides a mix of housing types which
includes a low density planned unit development on the low density
portion of the site.
Compliance with land Development Regulations: The proposed use is to
be in compliance with the land Development Regulations.
Items identified in the land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
The applicant has submitted a master plan for the SAD component of the
request. Normally, concurrent with the processing of the SAD rezoning
application, a complete site and development plan must be processed. Further,
any future modifications i.e. addition of parking spaces etc. must be processed
as a rezoning of the SAD requiring review by the Planning and Zoning Board and
approval by City Commission. This process was implemented when both
rezonings and site plan reviews were conducted by the Planning and Zoning
Board.
Since 1990 the Planning and Zoning Board has not reviewed site plans,
landscape plans, or elevations except in the case of master plans. The master
plan shows the intensity, and general location of buildings, circulation, parking
and perimeter landscape buffers.
Substantial changes to an SAD including changes in intensity, change of uses
etc. should continue to be reviewed by both the Planning and Zoning Board and
City Commission. However, minor changes to SAD site plans should not. It is
recommended that the Board remand the specific site plan, landscape plan, and
elevations for the SAD portion of this development to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition , language should be
added to the SAD ordinance specifying that future modifications which are not
substantial and do not deal with intensification or types of uses can be reviewed
by SPRAB and processed as site plan modifications.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 15
In reviewing the SAD sketch plan the following Land Development issues are
noted and must be addressed with the future submittals of the specific site plan,
landscape plan, and elevations:
* A 3D' landscape buffer is required along Linton Boulevard pursuant to Section
4.3.4 (H)(6). This buffer is to be in addition to the 80' LWDD canal right of
way currently shown as the landscape buffer.
* After provision of the 30' landscape buffer the location of the northernmost
building along with the provision of parking north of the building should be
revisited.
* A total of 54 of 226 parking spaces are provided in close proximity to the
shops. If the development is successful conveniently located parking
would be limited. Revisiting the location of the parking spaces may be
appropriate.
* The location of the pedestrian circulation system should be shown.
Presently, there are no sidewalk connections or crosswalk locations shown
between groups of stores, and parking areas. In addition, the sidewalk!
pedestrian connection along the spine road (new access road) should be
noted.
* The future elevations of buildings which have their sides or rears facing
Linton Boulevard should be provided with additional detail and facade
features to minimize the aesthetic impact.
Parking spaces are not to exceed 10 spaces in a row without being separated
by a landscape island, conflicts are noted east of the packing house. In
addition, all handicap spaces are to be provided with 5' ramp areas. Per ADA
standards parking lots between 201 and 300 parking spaces are required to
have a minimum of 7 handicap spaces, 6 have been provided.
The PRD zoned portion of the property will require submittal of a master plan
{Section 4.4.7(E)} which must be reviewed and approved by the Planning and
Zoning Board. The SAD and RM-8 components will require site plan approval
by the Site Plan Review and Appearance Board. In addition, a preliminary plat
must be provided for the entire site identifying the location of the access
roadway, new collector road, main utilities, lift station location, etc. Final plats
will be required for each section of the development i.e. PRO, RM-8 and SAD.
.
.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 16
The initial zoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Notification of Adjacent Local Governments:
Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of
Delray Beach Comprehensive Plan notification must be provided to an adjacent
unit of government of any development proposal which involves a private land
use petition requiring Local Planning Agency review and located within one-
quarter mile of the boundary of that unit of government. Notice of this application
has been sent to City of Boca Raton and Palm Beach County Planning Division.
No objections have been received for either government agency.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. A special certified notice has been sent to each of the
property owners of record.
Courtesy notices have been sent to:
* Helen Coopersmith (PROD)
* Erminio P. Guiliano (Foxe Chase)
* Saul Weinburger, (Del Aire )
* Jim Goggin (Country Lake Association)
* Shadywoods Homeowners Association.
* Spanish Wells Condo Association
* Gretchen Bacon, Oakmont Residential Assoc.
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~~~~fu~~¡~¡¡:i¡i:I~¡¡¡I¡¡:li:ii¡¡ililiii¡¡¡¡:i¡ii¡i¡il¡:;:::i:::¡I:ili:il\I:::lillllllllll:IIII'I¡iillllllllll11I1;::::::::iii:i:::::::;:':::i:::::::::::i::::¡:,:::¡::¡'i:¡ii¡::::i::I:::¡:':':,:¡'::I:i:i,,:¡:"
The annexation of this property is consistent with the Comprehensive Plan
policies which call for annexation of eligible properties (Future Land Use
Element, Policy B-3.4).
The proposed initial zoning designations of PRD-5, RM-8, OS, and SAD are
consistent with the proposed Future Land Use designations of Low Density,
Medium Density, Open Space, and Transitional being processed as part of 95-1.
.
.
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P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 17
The proposed development intensities allowed under the proposed initial zoning
request are significantly less than the maximums allowed under the advisory
designation established in 1989 and the initial annexation request of April, 1994.
Given the above the proposal is consistent, compatible, and harmonious with
adjacent properties and the City as a whole.
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A. Continue with direction.
B. Recommend approval of the annexation request and initial zoning
based on positive findings with respect to Section 2.4.5(0)(1)
(Rezoning Findings), Section 3.1.1, and the Performance
Standards of Section 3.3.2, policies of the Comprehensive Plan.
C. Recommend denial of a annexation and initial zoning based on a
failure to make positive findings.
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Recommend approval of the Annexation request with an initial zoning of PRO-5
(51.25 acres), RM-8 (29.09 acres), OS (3.92 acres), and SAD (9.84 acres) based
upon positive findings with respect to Section 3.1.1, Section 3.3..2, Section
2.4.5(0)(1) and policies of the Comprehensive Plan and upon the following
findings:
. That the property is contiguous, reasonably compact and does not create an
enclave;
. That services will be provided to the property in a manner similar to other
similar properties within the City.
.
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M E M 0 RAN DUM
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TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER Wv( - ..
FROM:
SUBJECT: AGENDA ITEM. 10· F· - MEETING OF SEPTEMBER 19., 1995 ,"
,.
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 52-95 .
~CABLE TELEVISION) , .
DATE: SEPTEMBER 14, 1995
This is second reading and public hearing for Ordinance No. 52-95
which amends Chapter 93, "Cable Television", of the City Code to
provide for free cable service to all public buildings within the
city.
As currently written, Section 93.27, "Service to Schools, Public
Buildings", provides that companies holding franchises which
allow them to provide cable service to the residents of the city
are required to provide basic cable service, free of charge, to
public schools, fire stations, police stations and city
administration buildings located within the city limits. The
proposed amendment will clarify the intent of the ordinance to
provide basic cable service to All buildings owned by the City
free of charge, which would include, but not be limited to,
schools, fire stations, police stations, administration
buildings, community centers and clubhouses for golf courses or
tennis courts.
On September 5, 1995, Commission approved a resolution
authorizing the transfer of Leadership's cable television
franchise to Leadership Acquisition Limited Partnership, an
affiliate of Adelphia Communications. In view of this action,
staff feels it is appropriate to clarify the intent of our
ordinance as it relates to the provision of cable service to
public facilities.
At first reading on September 5, 1995, the Commission passed the
ordinance by a vote of 4 to O.
Recommend approval of Ordinance No. 52-95 on second and final
reading.
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ORDINANCE NO. 52-95
.',.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 93, "CABLE ~_..
-,
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TELEVISION", OF THE CODE OF ORDINANCES OF THE CITY OF ..
DELRAY BEACH, BY AMENDING SECTION 93.27, IISERVICE TO
. SCHOOLS, PUBLIC BUILDINGS", TO PROVIDE FOR FREE CABLE
SERVICE TO ALL PUBLIC BUILDINGS WITHIN THE CITY OF
DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 93.27 of the City Code, ..
companies holding franchises allowing them to provide cable service to
the residents of the City are required to provide basic cable service,
free of charge, to public schools, fire stations, police stations and
city administration buildings located within the City limits; and
WHEREAS, the City desires that this section be clarified to
express the clear intent of the ordinance to provide basic cable
service to all buildings owned by the City of Delray Beach free of
charge, which would include, but not be limited to, schools, fire
stations, police stations, administration buildings, community centers
and clubhouses for golf courses or tennis courts; and
WHEREAS, the City Commission deems it to be in the public
interest to be able to provide programming for an educational or
governmental purpose to the residents of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 93, "Cable Television", Section
93.27, "Service to Schools, Public Buildings", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
The grantee shall install and provide basic service through
one basic standard drop to each public school, fire station, police p'
station~ ~~~ city administration building. community center. clubhouse
for any city owned c¡olf course or tennis stadium or any other city
owned building within the City located within the grantee's territory
for educational or governmental purposes upon request by the City and
at no cost to the City or to the public school system. Any internal
distribution system within the buildings to which the free service is
provided shall be at the expense of the party receiving the service
and will be installed by the grantee at cost upon request. However,
in each fire station included in the grantee's area, the grantee, at
the City's request, shall provide one additional service drop at no
cost to the City and, if any one or more of the City Commission
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chambers, City civic center, City adult center, and the Public Works
building are included in the grantee's area, the grantee, at the
City's request, shall install two standard service drops at reasonably :
accessible locations in each such building within its area at no cost ..
to the City. The grantee may, at its election, provide similar
services without cost to private schools, including parochial or other
religious schools. ,
-
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 part s of ordinances in
conflict herewith be, and the same are hereby repealed.
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 19th day of September , 1995. .
ATTEST: ~~
(kNm<flÞ.I'.k (~I/ðihy -
City Cl rk ~
First Reading September 5, 1995
Second Reading September 19, 1995
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ)'t1.
SUBJECT: AGENDA ITEM I /0. G - MEETING OF SEPTEMBER 19. 1995
'~COND READING/PUBLIC HEARING FOR ORDINANCE NO. 50-95
(POLICE AND FIREFIGHTER PENSION PLAN)
DATE: SEPTEMBER 14, 1995
This is second reading and public hearing for Ordinance No. 50-95
which amends the Police and Firefighter Pension Plan as follows:
,
( 1) The definition of "continuous service" is revised to reflect
the Federal Uniformed Services Employment and Reemployment
Rights Act of 1994.
(2) Section 33.62(D)(1)(c) is added to conform with recent changes
in state law. It provides that when a police officer or
firefighter is killed in the line of duty, death benefits
payable to the spouse under Chapter 175/185 Pension Plans do
not terminate upon the spouse's remarriage.
(3) The effective date of Section 2 of the ordinance is July 1,
1994, and it reinstates such death benefits as of July 1,
1994, according to law.
At first reading on September 5, 1995, the Commission passed the
ordinance by a vote of 4 to O.
Recommend approval of Ordinance No. 50-95 on second and final
reading.
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ORDINANCE NO. 50-95 ' u
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF --
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE ~
AND FIRE DEPARTMENTS", SUBHEADING ·PENSIONS" , OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 33.60, "DEFINITIONS", TO REVISE THE
DEFINITION OF "CONTINUOUS SERVICE" TO REFLECT THE :
FEDERAL UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT OF 1994; AMENDING SECTION
33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE
BENEFITS TO THE SURVIVING SPOUSE OF A MEMBER WHO IS
KILLED IN THE LINE OF DUTY, NOTWITHSTANDING THE
SPOUSE'S REMARRIAGE; PROVIDING A SAVING CLAUSE AND AN .-'-
EFFECTIVE DATE.
:,"
WHEREAS, the Florida Legislature has enacted and the ..
Governor has allowed to become law Ch. 94-171, Laws of Florida,
requiring certain benefits be paid to the surviving spouse of a police
officer or firefighter who is killed in the line of duty; and
WHEREAS, the City of Delray Beach Pension Ordinance for
police officers and firefighters must be amended to comply with Ch.
94-171, Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: · -
Section 1. That Title III, 'IAdministration" , Chapter 33,
"Police and Fire Departments II , Section 33.60, "Definitions", of the
Code of Ordinances of the City of Delray Beach, be, and the same is
hereby amended to read as follows:
-CONTINUOUS SERVICE.- "
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( 1) Uninterrupted service by a member (expressed as -~
years and completed months) from the date he last entered employment
as an employee until the date his employment is terminated by death,
disability, retirement, resignation or discharge. -,.
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(2) the continuous ,
However, service of any member ·
shall not be deemed to be interrupted by:
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(a) Any authorized leave of absence or vacation,
provided all members similarly situated in similar circumstances shall _.
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be treated alike pursuant to uniform, nondiscriminatory rules. No ,
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credit for benefit eligibility for computation purposes under the .J...:'
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system shall be allowed for any such period of leave of absence. +-
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(b) Any service, whether voluntary or ..
involuntary, in the armed forces of the United States, provided -
the member is legally entitled to reemployment under the
provisions of the Uniformed Services Employment and Reemployment ...
Riqhts Act of 1994 ø~týøt~~~ /1t~t~t~@ /~~~ /~øtýt¢ø /J¢t and any
amendments thereto, or any law applicable to such reemployment, and ,.
provided that a member shall apply for reemployment within three
months following termination of such service. or as otherwise allowed
by the Uniformed Services Employment and Reemployment Riqhts Act of ,.
1994. and any amendments thereto. Nothing aforementioned shall serve ¡:;
to reduce the accrued accredited services of the members on the F~
effective date of the plan. ,.
(3) Continuous service shall also include, for .
reemployed members, those years and completed months for which
the reemployed member had withdrawn his contributions to the
Trust Fund, where the reemployed member into the Fund the --
repays
contributions he had withdrawn, with interest based upon the .'
plan's annual total rate of return for the pension funds, as
computed by the actuaries or the City, for those years and
completed months, within 90 days after his reemployment date. A
reemployed member may also repay only a portion of the withdrawn :
funds with interest and receive a like credit for continuous
service; however, repayments, whether partial or total, shall
.~
only be permitted once within the 90-day limit. .-
Section 2 . That Title III, "Administration", Chapter 33, ..
"Police and Fire Departments", Section 33.62, "Benefit Amounts and .-
Eligibility" , Subsection (D) , ,. Preretirement Death" I paragraph (1) ,
"Service incurred I. , of the Code of Ordinances of the City of Delray
Beach, be, and the same is hereby amended to read as follows:
(D) Preretirement death.
(1) Service incurred. A death benefit shall be --.-
payable on behalf of any member who dies as a direct result of an
occurrence arising in the performance of service. These benefits
are not to be limiting to other benefits available under state ..
law. The benefits shall be payable as follows:
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(a) To the spouse, until the earlier of death or -.
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remarriage, a monthly benefit equal to fifty percent (50%) of the -
member's average monthly earnings; or to a designated beneficiary :".~
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or beneficiaries other than the spouse, until death, a monthly :-
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benefit equal to the actuarial equivalent of a lifetime benefit t.1
payable to the member if the amount of fifty percent (50%) of the
member's average monthly earnings at date of death, plus
!'
(b) 1. For each unmarried child until he or she f.:
shall have reached the age of eighteen (18) years, and for each
unmarried child from age 18 until age 22 who is a full-time
student in a fully accredited high school, college or university, ~"
there shall be paid in equal monthly installments, an amount
equal to 'five percent (5%) of the average monthly earnings
subject to an overall limitation of a total of sixty percent L:
(60%) of average monthly earnings for the spouse and children ~;
combined. The nonstudent child's pension shall terminate on the
earlier of death, marriage the attainment of 18. The '-
or age
pension of a child who is a student shall terminate on the ~7.:.._
earlier of death, marriage or the attainment of age 22. Legally , ,.-
adopted children shall be eligible the same as natural children. -
:.~.
2. Upon remarriage or death of the spouse,
the five percent (5%) child allowance shall be increased to ten . -
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percent (10%) for each child, not to exceed a combined total of ;
thirty-five percent (35%) of the member's average monthly ..
earnings;. The trusteeship and disbursements of the pension to
any child shall be determined by the Board of Trustees.
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Cc) Notwithstanding any provision of this
subsection to the contrary. the surviving spouse of any member killed
in the line of duty shall not lose death benefits upon remarriage.
Section 3. That should section provision of this -h.
any or
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. ,
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Section 4. That Section 1 of this ordinance shall take
effect upon final adoption. Section 2 shall take effect July 1, 1994, ,
and the death benefits payable to the spouse of a member who was ..
killed in the line of duty which were terminated by reason of the
spouse's remarriage prior to that date shall be reinstated as of July
1, 1994, at an amount that would have been payable had such benefit
not been terminated.
PASSED AND ADOPTED in regular session on second and final ,.
reading on this the 19th day of September , 1995.
~~ ....
ATTEST:
() /1 ivm'-ff)J!./{¡J -r lio* 0,
City Cl rk
First Reading September 5, 1995 ,
"0
Second Reading September 19, 1995
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS - -
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~ITY MANAGER .,.,.
FROM:
""¡O
AGENDA ITEM i JO' J./. - MEETING OF· SEPTEMBER 19. o~
SUBJECT: 1995' ..;...
'-SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 53-95 -~
{RIDS AND COPS COMMITTEE)
DATE: SEPTEMBER 14, 1995 · .
"1"';";
This is second reading and public hearing for Ordinance No. 53-95
which provides for representation from the new Orchard View
Elementary School on the Kids and Cops Committee.
Part of the committee's membership is made up of representatives
from each of the public schools within the City. Since Orchard
View Elementary has now opened its doors to the community, it is
appropriate that the City Code be amended to include representation
from this new school.
- -
At first reading on September 5, 1995, the Commission passed the "
.,
ordinance by a vote of 4 to O. -
,,-",
Recommend approval of Ordinance ,No. 53-95 on second and final
reading.
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ORDINANCE NO. 53-95 ....".
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CITY COMMISSION OF THE CITY OF --
AN ORDINANCE OF THE ,,,.
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, ,.-
"
"DEPARTMENTS, BOARDS AND COMMISSIONS II , SUBHEADING --
"KIDS AND COPS COMMITTEE II , OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION
32.41, II COMPOSITION; TERMS; APPOINTMENT II , TO PROVI DE _.
FOR REPRESENTATION FROM ORCHARD VIEW ELEMENTARY
SCHOOL ON THE KIDS AND COPS COMMITTEE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN . '
EFFECTIVE DATE. "
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WHEREAS, pursuant to Section 32.40 of the City Code, the
Kids and Cops Committee is established as an advisory body to the City .'
Commission; and
WHEREAS, Section 32.41 of the City Code provides that the
membership of the Kids and Cops Committee shall consist of
representatives from certain groups and organizations, including a "
representative from each of the public schools within the community;
and
WHEREAS, Orchard View Elementary School is the newest public
school in the City, having opened its doors for the 1995/96 School - '
Year; and
WHEREAS, the City desires to have representation from
Orchard View Elementary School on the Kids and Cops Committee.
.........
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32, II Departments , Boards and
Commi s s ions II , Subheading II Kids and Cops Committee II , Section 32.41, .. '
'..
"Composition; Terms; Appointment", Subsection 32.41(A)(5), of the Code
~ ~
of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows: ..
(5 ) A representative from each of the following schools, as
designated by the respective school principals: . ,
(a) Pine Grove Elementary
(b) S.D. Spady Elementary
(c) Plumosa Elementary ~ ;-."
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(d) Banyan Creek Elementary
(e) Orchard View Elementary
(L~) Carver Middle School
19l Atlantic High School
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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. '-
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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 ~r
immediately upon passage on second and final reading. '.,
: ..
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of September I 1995.
~~~~ ;""',,
ATTEST: ;.~:..
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() /l/J~'/rjL(',M~ III}'JIy ..
City Cl k
First Reading September 5, 1995 .~
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Second Reading September 19, 1995 °
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- 2 - Ord. No. 53-95
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COMMENTS FROM CITY COMMISSION
REGULAR MEET:ING OF SEPTEMBER 19, 1995
11. B. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately followinq Public Hearinqs.
11.B. From the Public.
11.B.1. Lillian Feldman, President of the United Property
Owners, expressed concern about the condition of Linton Boulevard
between Congress Avenue and I-95. She stated that she pointed
this out some time ago and it still has not been repaired.
Mr. Barcinski explained that the road belongs to the
County and the request for repairing the road has been made to
the County several times.
Mayor Lynch suggested that a letter be sent to Palm
Beach County Commissioner Mary McCarty, with a copy to Lillian
Feldman, requesting that the road repair be expedited.
ll.B.2. John Freenev, 125 N.E. 10th Street, speaking on behalf
of Debra Dowd and representing the Seacrest Homeowners
Association, stated that he and neighbors walk around the
neighborhood continually cleaning up various forms of litter. He
feels this is problematic and that the neighborhood is not
receiving adequate service.
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13. Comments and Inauiries on Non-Aqenda Items.
13.A. In response to Vice Mayor Ellingsworth's inquiry
regarding the present balance of the City's general fund
unappropriated fund balance, Robert Barcinski, Assistant City
Manager, stated as of September 30, 1994, that balance was
$3,754,853. As of August 31, 1995, of the current year, the
Finance Department is projecting that the City's ending balance
for September 30, 1995, will be somewhere in the neighborhood of
$4.1 million which represents slightly under 10% of the City's
general fund budget.
In addition, the Assistant City Manager noted that he
received a memo from the Golf Course inviting the Commission to
attend the opening of the new clubhouse.
Thirdly, the Assistant City Manager stated that he
distributed two informational memos updating the Commission on
the clubhouse storage and the Head Start Program.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Mr. Ellinqsworth
Mr. Ellingsworth congratulated Mrs. Smith on her new
granddaughter.
Secondly, Mr. Ellingsworth expressed concern over the
bus rental service for the After School, summer day camp, and
Rocks football programs (Item 8.P.5.). He questioned the $40,000
bus rental and inquired as to whether the City has ever
considered the possibility of purchasing a bus as opposed to
leasing. In response, Mr. Barcinski stated he does not have the
answer; however, will research and discuss at a later date with
the Commission.
l3.C.2. Mr. Randolph
Mr. Randolph had no comments or inquiries.
13.C.3. Mrs. Smith
Mrs. Smith complimented Mr. Ellingsworth on the Pioneer
Luncheon.
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13.C.4. Mavor Lvnch
Mayor Lynch feels the golf course storage is premature
and it would be reactionary for the City to build a structure at
this stage. He hopes the Commission will approve a temporary
structure and allow the center to run for six months to a year.
After a year of operation, the City can then consider what might
need to done.
Mayor Lynch complimented Mr. Barcinski for doing a good
job on the Boys and Girls Club and the Head Start Program. Mr.
Barcinski gave credit to Skip Robinson (new member of the Boys
and Girls Club) who ran a similar program in Milwaukee where
there was a shared joint facility.
-3-
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[IT' OF DELIA' BEA[H
DHRA Y BEACH
f lOR D .It.
tI.e.d 100 NW, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AlI·America City
, III I! MEMORANDUM
1993
TO: Mayor and City Commissioners
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: UPDATE COUNTY HEADST ART MOVE/CA THERINE STRONG CENTER
DATE: September 18, 1995
About a month ago Susan Ruby and I met with Mr. Skip Robinson (Boys and Girls Clubs) and Mr,
Ed Rich (P.B. County Department of Community Services). Mr. Rich had indicated that the
Headstart Policy Board had voted not to move the County Headstart program to the Full Service
Center. He also stated that he had no luck in locating an alternate site.
Mr. Robinson suggested moving the Headstart program into modular units on the Catherine Strong
site and allow Headstart some limited use of the permanent facility. Mr. Robinson noted some
benefits in the Boys and Girls Club being able to serve as role models and in moving children to
the Boys and Girls Club program.
The Boys and Girls Club Executive Committee and the Headstart Policy Board have endorsed this
idea. Mr. Rich has also received verbal okay from HRS, as long as the modulars meet Fire and
Building Codes. Mr. Rich is in the process of obtaining specifications for modulars and is trying to
get approval and funding from the County Commissioners next month. Ms. Ruby has indicated
that we may need to change the lease agreement to accommodate this suggestion and my staff
has identified a location at the north end of the property where water, sewer, and electric hookups
would be readily available. If you have any questions, please call me.
RAB:kwg
File:u:grahamlasmemos
Doc.:Modulars,HS
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
·
[IT' DF DELRA' IEA[H
DElRAY BEACH
f l 0 It I D "
bed 100 N,W, 1 5t AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
, 'III! MEMORANDUM
1993
TO: Mayor and City Commissioners
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: ADDITIONAL STORAGE NEEDS· MUNICIPAL GOLF COURSE CLUBHOUSE
DATE: September 18, 1995
The original plans for the Muncipal Golf Course Clubhouse included approximately 160 square feet
of storage for items such as chairs, tables, dance floor and other accessories. Storage capabilities
other than food storage were based on the assumption that the three rooms, Le., multi-purpose
room, grill room, and banquet room, would be set up and left in a certain configuration. Last spring
as walls were going up and needs were realized by the course manager and staff, it was brought
to our attention by Mr, Dubin that he did not feel we had enough storage room to accommodate
the furniture speced, and have the flexibility to set up and take down rooms based on operational
needs. We reviewed different options last spring and decided to make adjustments in the type of
furniture purchased to try to alleviate this problem.
However, after about 45 days of operation, it is evident that additional storage is needed to afford
the greatest amount of flexibility for scheduling events. Mr. Harden and I have reviewed the
situation and concur with Mr. Dubin that more storage is needed. Right now one of the rooms is
utilized for storage, depending on the event, and does not allow the use of all three rooms at the
same time. Mr. Dubin estimates his minimum needs to be approximately 200 square feet of
additional storage space.
The original site plan had made allowances for expansion of the dining area and additional
permanent storage, approximately 380 square feet (see attached).
It is the City Manager's recommendation that we authorize Digby Bridges to proceed with design
work for the permanent storage and obtain pricing through contract change with the original
contractor. The estimated architect fee is $3850 plus $300 for reimbursibles and approximately
$35,000 - $45,000 construction cost. The approximate balance left in the bond fund is $48,000.
@ Print9d on R9cycfad Pap9f THE EFFORT ALWAYS MATTERS
.
It is the intent of the City Manager to direct Digby to proceed with the design work and obtain
pricing from the contractor, unless City Commission objects.
In the interim we have authorized Mr. Dubin to acquire and install a 12' x 16' air conditioned shed,
to be placed just east of the dining room, in the grass area, as an interim measure. Total cost for
the shed and set up is approximately $2,500,
If you have any questions, please call me.
RAB:kwg
cc: David T. Harden
Digby Bridges
Jose Aguilla
Brahm Dubin
Joe Safford
File:u:graham/golf
Doc.: Storage.Add
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DEPARTMENT OF ENVIRONMENTAL SERVICES SHEET NO, l OF \
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434 South Swinton
DELRAY BEACH, FLORIDA 33444 CHECKED BY DATE
(407) 243·7322 FAX (407) 243·7314 .
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