03-08-94 Regular
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. AII.America City
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING. "111'
MARCH 8. 1994 6:00 P.M.: PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
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The City shall 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
activity conducted by the City. Please contact Doug Randolph, (407)
243-7127 at least twenty-four (24) hours prior to the program or activity
in order for the City to reasonably accommodate your request.
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. GenerallYI remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations) . The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commi.ssion, 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 publ~c hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you a.re 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 offieer from speaking further to the Commission unless
permission to eontinue or again address the Commission is granted my
majority vote of the Commission member present.
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City Commission
Regular Meeting
03/08/94
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
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City will neither provide nor
prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
/5. Approval of Minutes:
Regular Meeting of February 22, 1994
6. Proclamations:
/A. Save Your Vision Week - March 6 to March 12, 1994.
/B. Character Counts Coalition
7. Presentations:
/A. Mark Marsh of Digby Bridges, Marsh & Associates will present
final preliminary design of the Golf Course Clubhouse.
B. RESOLUTION NO. 24-94: A resolution recognizing and commending
David J. Kovacs (after 7:00 p.m.).
8. Consent Agenda: .City Manager recommends approval.
J A. ~ POSITION LETTER/PRESUMPTION OF JOB RELATED DISABILITY: The
~ Florida League of Cities requests that members oppose proposed
legislation wherein the F ire unions are seeking to add AIDS I
HIV, ARC, Hepatitis, Tuberculosis and Meningitis to the list of
conditions that would automatically be treated as job related.
JB.~ EASEMENT DEED/DECARIE SUBDIVISION: Accept an Easement Deed for
a parcel of land within the Decarie Subdivision, to install a
sanitary sewer line.
j C. RESOLUTION NO. 17-94: Adopt a resolution authorizing the
~ Community Redevelopment Agency. to acquire 4 lots in Block 60 I
along North Swinton Avenue.
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City Commission .
Regular Meeting
03/08/94
/0. RESOLUTION NO. 20-94: Adopt a resolution assessing costs for
:<< abatement action required to remove nuisances on 12
properties located within the City.
~. RESOLUTI..oN NO. 21-94: Adopt a resolution assessing costs for
'* abatement action required to remove nuisances on 13
properties located within the City.
~. RESOLUTION NO. 22-94: Adopt a resolution approving abandonment
* of a portion of Strickland Road, a portion of S.W. 8th Avenue,
and the entirety of S.W. 12th Street for The Groves of Oelray.
~. RESOLUTION NO. 23-94: Adopt a resolution approving abandonment
of 1 public utility easement and 2 Limited Access Easements
*' (LAE) within The Groves of Delray, pursuant to LDR Section
2.4.6(P), Abandonment of Public Easements.
y. FINAL PLAT/THE GROVES OF OELRAY: Approve final plat for The
Groves of Delray, located at the southeast corner of S.W. 11th
Street and S.W. 10th Avenue, extended between Linton Boulevard
and S.W. 10th Street.
/ BUDGET TRANSFER/POMPEY PARK LANDSCAPING: Approve budget
transfer in the amount of $13,000 from Pompey Ballfield
Lighting (Account No. 225-4172-572-61.66) to Pompey Park
Landscaping (Account No. 225-4172-572-61.76)
jJ. FINAL PAYMENT/DELRAY MARINE CONSTRUCTION COMPANY: Approve
final payment in the amount of $592.50 to Delray Marine Con-
struction Company for Lowson Boulevard headwall construction,
with funding from Stormwater Utility Fund - Lowson Boulevard
E-3 1/2 Canal (Account No. 448-5461-538-6221).
jK. FINAL PAYMENT/CH2M HILL: Approve final payment in the amount
of $1,853.89 to CH2M Hill for Wellfield Rehabilitation, and
Flowmeter and Monitor Well Installation, with funding from
Water and Sewer Renewal and Replacement Well Rehabilitation
Fund (Account No. 442-5178-536-6182).
jL. FINAL PAYMENT/T & P ENTERPRISES: Approve final payment in the
amount of $6,744.28 to T & P Enterprises for brick paver work
at the Tennis Center - Phase II site, with funding from Deeade
of Excellence, Phase I Atlantic Avenue 195 to Swinton (Account
No. 225-4141-572-6149) and General Construction Fund - TennlS
Stadium Phase II (Account No. 334-4145-572-63.42).
jM. FINAL PAYMENT/TROPIC AWNING: Approve final payment in the
amount of $6,200 to Tropical Awning for canopies erected at the
Tennis Center - Phase II, with funding from General Construc-
tion Fund, Tennis Center (Account No. 334-4145-572-63.42) .
/N. FINAL PAYMENT/DIGBY BRIDGES. MARSH & ASSOCIATES: Approve flnal
payment in the amount of $7,752 to Digby Bridges, Marsh & Asso-
ciates, for. construction administration services at the TennlS
Center - Phase II, with funding from the General Constructlon
Fund, Tennis Center (Account No. 334-4145-572-63.42).
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Ci ty Commission .
Regular Meeting
03/08/94
O. / CHANGE ORDER NO. 2 AND FINAL PAYMENT/BIG "0" PAVING COMPANY.
INC.: Approve Change Order No.2 in the amount of $3,205 and
final payment (which includes Change Order) in the amount of
$17,532 to Big "0" Paving Company, Inc., for work at the Tennis
Center Phase II. Funding source is from General Construction
Fund - Tennis Center Phase II (Account No. 334-4145-572-6342).
~. SERVICE AUTHORI ZATION NO. 8/CURRlE SCHNEIDER ASSOCIATES AlA:
Approve a service authorization an amount not to exceed $6,500
to the contract with Currie Schneider Associates, for consul-
ting services associated with Veterans Park Phase II.
~. APPOINTMENT OF OUTSIDE COUNSEL: Approve appointment of Jeffrey
Kurtz as outside counsel to represent the City in Ray Ellison
vs. Chris Ellison, Roy Badour, Auto Save, Inc., and the City of
Delray Beach.
~ GRANT APPLICATION/EMERGENCY MANAGEMENT PREPAREDNESS AND
ASSISTANCE TRUST FUND: Authorize application to the Florida
Department of Community Affairs under Chapter 9G-19, Florida
Administrative Code for a grant from the Emergency Management
Preparedness and Assistance Trust Fundi $50,000 non-matching
grant to purchase and install communications equipment in the
Emergency Operations Center located in the Fire Department
Headquarters facility.
fi. REOUEST FOR SPECIAL EVENT PERMIT: Approve a special event
permit for Atlantic High School's "Project Graduation" to hold
a carnival in the northeast corner of Builder's Square parking
lot at 1400 Waterford Place, from April 6-10, 1994.
vlT. LICENSE AGREEMENT/A.L. ROARK: Approve a License Agreement for
use of software for alarm retransmission.
~. AWARD OF BIDS AND CONTRACTS:
1. Cars and Trucks, Via Florida State Contract.
2. Bid Award - Annual Contract - Submersible Wastewater Pumps
- Hydro Pumps, Inc., in the low bid amount of $20,237.70.
Funding source Water & Sewer Liftstation Maintenance
(Account No. 441-5144-536-52.20).
9. Regular Agenda:
vi A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by
the Site Plan Review and Appearance Board and the Histor lC
Pr~servation Board during the period February 21, to March ~,
1994.
-I B. CONDITIONAL USE REOUEST /MORSE OPERATIONS. INC.: Consider a
conditional use request to establish a commercial parking lot
at the northwest, corner of South Federal Highway and Avenue F
(Fladell's Way), for Morse Operations, Inc.
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City Commission
Regular Meeting
03/08/94
C. AESOLUTION NO. 25-9...i..&.. Consider a resolution requesting the
Florida Department of Transportation to approve City's request
to place "No U Turn" signs at median cuts and intersections and
to prohibit parking in areas in front of vacant lots on West
Atlanti~-Avenue between 4th Avenue and 195.
D. ~CHANGE ORDER NO. 3/HARRY PEPPER & ASSOCIATES. INC.: Consider
Change Order No.3 in the net add amount of $7,310.88 and a ten
day time extension to Harry Pepper & Associates, Inc., for
Master Pump Station and Transmission System Improvements, with
funding from Capital Outlay Sewer Mains (Account No. 441-5161-
536-63.51.
E. ATTLEMENT OFFER/NIXON JACOUET AND JEAN GARCON vs. CITY OF
DELRAY BEACH: Consider settlement offer as mediated, in the
amount of $8,750.00 to each Plaintiff.
F. IRESOLUTION NO. 18-94/GRANT APPLICATION TO FLORIDA INLAND
jNAVIGATION DISTRICT: Consider Resolution No. 18-94 authorizing
staff to submit a grant application to the Florida Inland
Navigation District (FIND) for funding in the amount of
$204,450 or 50% of the total cost of $408,900, for a seawall
reconstruction project involving nine city owned seawalls.
10. Public Hearings:
~ RESOLUTION NO. 19-94: A resolution adopting the Affordable
Housing Incentive Plan as submitted by the Affordable Housing
Advisory Committee and as required under Ordinance No. 2-93,
pursuant to Florida Statute 420.9076 (6) governing the State
Housing Initiative (SHIP) Program.
11. ~omments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
/A. City Manager's response to prior public comments and inquiries.
IS. From the Public.
12. First Readings:
A. ORDINANCE NO. 7-94: An ordinance annexing to the City a parcel
of land located on the west side of North Federal Highway
approximately 240 feet north of N.E. 14th Street; affixing an
j~ official land use designation of GC (General Commercial); and
establishing initial zoning of GC (General Commerc ial)
District. If passed, public hearing April 12, 1994.
B. ORDINANCE NO. 8-94: An ordinance annexing to the City a parcel
U^~ of land located at 2300 North Federal Highway; affix~ng an
L~ official land use designation of GC (General Commercial); and
~.I 4-0&-, establishing initial zoning of GC (General Commercial)
&bJV1)'~(\~qfl'-l" District. If passed, public hearing April 12, 1994.
C. ORDINANCE NO. 9-94: An ordinance annexing to the City a pareel
of land located at 2300 North Old Dixie Highway; affixing an
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City Commission
Regular Meeting
03/08/94
official land use designation of GC (General Commercial) ; and
establishing initial zoning of GC (General Commercial)
District. If passed, public hearing April 12, 1994.
D. ORDINANCE NO. 10-94: An ordinance annexing to the City a
parcel of land located at 2512 North Federal Highway; affixing
an official land use designation of GC (General Commercial) ;
and establishing initial zoning of GC (General Commercial)
District. If passed, public hearing April 12, 1994.
E. ORDINANCE NO. 11-94: An ordinance annexing to the City a
parcel of land located at 2612 North Federal Highway; affixing
an official land use designation of GC (General Commercial) ;
and establishing initial zoning of AC (Automotive Commercial)
District. If passed, public hearing April 12, 1994.
F. ORDINANCE NO. 12-94: An ordinance annexing to the City a
parcel of land located at 2613 North Federal Highway; affixing
an official land use designation of GC (General Commercial);
and establishing initial zoning of GC (General Commerc ial)
District. If passed, public hearing April 12, 1994.
G. ORDINANCE NO. 13-94: An ordinance annexing to the City a
parcel of land located at 2605 North Federal Highway; affixing
an official land use designation of GC (General Commerc ia l) ;
and establishing initial zoning of GC (General Commercial)
District. If passed, public hearing April 12, 1994.
H. ORDINANCE NO. 14-94: An ordinance annexing to the City a
parcel of land located at 2601 North Federal Highway; affixing
an official land use designation of GC (General Commercial);
and establishing initial zoning of GC (General Commercial)
District. If passed, public hearing April 12, 1994.
1. ORDINANCE NO. 15-94: An ordinance annexing to the City a
parcel of land located at 2401 North Federal Highway; affixing
an official land use designation of GC (General Commercial) ;
and establishing initial zoning of GC (General Commercial)
District. If passed, public hearing April 12, 1994.
J. ORDINANCE NO. 16-94: An ordinance annexing to the City a
parcel of land located at 2399 North Federal Highway; affixing
an official land use designation of GC (General Commercial);
and establishing initial zoning of GC (General Commercial)
District. If passed, public hearing April 12, 1994.
K. ORDINANCE NO. 17-94: An ordinance annexing to the City a
parcel of land located at 2213 North Federal Highway; affixing
an official land use designation of GC (General Commercial);
and establishing initial zoning of GC (General Comm~rcial)
District. If passed, public hearing April 12, 1994.
L. ORDINANCE NO. 18-94: An ordinance annexing to the City a
parcel of land located at 2101 North Federal Highway; affixing
an official land use designation of GC (General Commercial) ;
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City Commission
Regular Meeting
03/08/94
and establishing initial zoning of GC (General Commercial)
District. If passed, public hearing April 12, 1994.
13. Comments and Inquiries on Non-Agenda Items.
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A. Commission
B. City Attorney
C. City Manager
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City Commission . i"iilP
Regular Meeting
03/08/94
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING
MARCH 8. 1994 - 6:00 P.M./PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
The City shall furnish appropriate auxiliary aids and serviees where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or
activity conducted by the City. Please contact Doug Randolph, (407)
243-7127 at least twenty-four ( 24) hours prior to the program or activity
in order for the City to reasonably accommodate your request.
CORRECTION TO FIRST READINGS:
Items 12A through L corrected to read "If passed, publie hearing
March 22, 1994".
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[ITY DF DElRAY BEA[H l
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DElRA Y BEACH
~(A~1i ~ 00 '. ':'1, : ,4 '.f::.,\)L.,E D,=,-~AY '3::';:"\.'>-1 ;:"~_J);::;I::)...\ 33444 305 :--t.J ':JOO
AI~America City
" II ,! PROCLAMA TIO/\'
1993
WHEREAS, the ability to see is a valuable and
precious sense that greatly contributes to the welfare of
the entire community at large; and,
WHEREAS, vision is an important part of health,
well-being and happiness of individual citizens; and,
WHEREAS, the people of Delray Beach are fortunate
to have access to quality eye care and accurate eye health
information.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the eity
Commission, do hereby join together with Bill Clinton, the
President of the United States of America, in proclaiming
the week of March 6th through March 12, 1994, as
SAVE YOUR VISION WEEK
in Delray Beach, and urge all its citizens to reflect on the
valuable role vision has played in their lives, and to give
special attention to their eye care needs this particular
week and throughout the month of March.
AND FURTHERMORE, I ask all doctors of optometry in
Delray Beach, other health care professionals, community
lea.ders, educators, and the news media to work together in a
common public service effort to help everyone in Delray
Beach understand and appreciate the importance of the proper
care of their eyes.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 8th day of March, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITV DF DELRAY BEA[H r ,,'
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DElRA Y BEACH
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AlI.America City
, , III,! PROCLAMATION
WHEREAS, the next generation will be the stewards
l'l'l) of our communities, nation, and planet in extraordinarily
critical times, and the present and future well-being of our
society requires an involved, caring citizenry with good
moral character; and,
WHEREAS, people do not automatically develop good
moral character; conscientious efforts must be made to help
young people develop the values and abilities necessary for
moral decision making and conduct; and,
WHEREAS, effective character education is based on
the core ethical values which comprise the "six pillars of
character" and form the foundation of democratic society:
Trustworthiness, Respect, Responsibility, Fairness, Caring,
and Citizenship; and,
WHEREAS, a national partnership of organizations
involved in the education, training, or care of over 25
million young people have joined in a collaborative effort
called the CHARACTER COUNTS COALITION, and adopted these
consensus core ethical values; and,
WHEREAS, the character and conduct of our youth
reflect the character and conduct of society; every adult
has the responsibility to teach and model the core ethical
values, and every social and governmental institution has
the responsibility to promote the development of good
character; and,
WHEREAS, character education is, first and
foremost, an obligation of families; it is also an important
obligation of governmental entities as well as schools,
businesses, faith communities, and youth and human service
organizations; and,
WHEREAS, businesses large or small, in the public
or private sector, will benefit from a work force that
manifests the six core ethical values.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the eity
eommission, do hereby endorse the "six pillars of
character" , commends the CHARACTER COUNTS COALITION on its
goal to strengthen the moral fiber of the next generation,
and urges all City employees to seek out opportunities to
incorporate these core ethical values into their work with
young people in park and recreation activities, child care
programs, community events, and intern and employee
training.
FURTHER, encourages all citizens, corporate and
individual, to model these traits of good character in an
ongoing commitment to promote character development and
ethical behavior in the youth of our community.
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 8th day of March, 1994.
MAY 0 R
THOMAS E. LYNCH
(pB
T,-,= E==-co, A'.iYC: MATTERS
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. BARDEN
CITY MANAGER
FROM: JOSE AGUIL~
ASSISTANT CONSTRUCTION MANAGER
DATE: MARCH 3, 1994
SUBJECT: DELRAY BEACH GOLFCOURSE CLUBHOUSE
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This is to request the opportunity for Digby Bridges, Marsh &
Associates, P.A. to make a brief presentation to the City
Commission on March 8, 1994. The item of discussion is to
present the final preliminary design of the golfcourse clubhouse
for review and approval by the Commission, before proceeding to
the construction document phase. Mark Marsh will present the
following:
- site Plan
- Floor Plan
- Elevations
- Project Schedule
- Cost Estimate
We request that this be placed at the presentation part of the
meeting.
JA:kt
cc: William H. Greenwood, Dir. Environmental Services
Ralph E. Hayden, P.E., City Engineer
Jose Aquila, Assistant Construction Manager
Digby Bridges, Marsh and Associates, PA
File: 93-18 (A)
JA9318D.KT
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CITY of DELRAY BEACH
MUNICIPAL GOLF COURSE
PROPOSED CLUB HOUSE
APPROXIMATE BUDGET ESTIMATE
DIG B Y B RID G E S, MAR S H & ASS 0 C I ATE S
ARCHITECTS and PLANNERS
MARCH, 1994
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EXCLUSIONS
The following items are excluded from this Estimate
1. Any asbestos abatement required in old buildings
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CITY o f DI':I.H.^Y B I~ ^ C II
M lJ N I (' I P ^ I. GOLF (~ (> lJ R S I':
P R (> p () S I ~ () CLUBHOUSE
BUDGET ESTIMATE $
CONSTRUCTION BUDGET ESTIMATE 1,850,000
PROFESSIONAL FEES:- $
ARCHITECfURAL 162,000
ASBESTOS SURVEY 1,500
SOIL TESTING ( in excess of 4 standard tests) 1,000
SURVEYING 6,000
MATERIALS TESTING 2,500 173,000
PROFESSIONAL REIMBURSABLE EXPENSES
REPRODUCTIONS and COPYING 15,000
ARCHITECTURAL RENDERING 2,000
17,000
FURNITURE
FURNITURE ALLOWANCE 225,000
TOTAL BUDGET ESTIMATE $2,265,000
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" CONSTRUCTION BUDGET ES'TIMATE
DEMOLITIONS $
Demolish existing facility 25,000
NEW CLUBHOUSE $
Administration 865 sf 65 56,225
Toilet and Lockers 1,993 sf 110 219,230
Multi - purpose Room 640 sf 75 48,000
Dining Rooms 2,548 sf 80 203,840
Grille 1,643 sf 85 139,655
Lounge 1,747 sf 85 148,495
Lobby and Formal Entry 1,230 sf 100 123,000
Kitchen and Ancillary Areas 1,686 sf 150 252,900
Circulation Areas 256 sf 70 17,920
Mechanical and Storage 512 sf 80 40,960
Internal Floor Space total 13,120 sf
PRO SHOP AND STORE
Pro Shop 920 sf 70 64,400
Bag Store 613 sf 50 30,650
Proshop Floor Space total 1,533 sf
EXTERNAL WORK
Patios and Breezeways 2,644 sf 50 132,200
Ramp and Front Entrance Deck 527 sf 50 26,350
Planter 160 sf 50 8,000
Porte Cochere 1,300 sf 40 52,000
External Floor Space total 4,631 sf
SITEWORKS
Paving, Drainage and Utilities Allowance 125,000
Landscaping and Irrigation Allowance 50,000
$1,763,825
Add Contingency Allowance +/- 5 % 86,175
CONSTRUCTION BUDGET ESTIMATE for 10 m. PERIOD $1,850,000
Qv<?_~a!l ~O~~!!u<;_!i~E ul3udg~LCostp~r Square Foot $95.93
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DELRA Y GOLF CLUB HOUSE
TENTATIVE SCHEDULE:
Contract Approval & A ward by City January 19, 1994
(Architect)
Agreements Signed by All Parties January 21, 1994
Concept Studies to City February 15,
Commission
Design Development and Preliminary March 8, 1994
Budgets to City Commissions
Bidding Documents for Advertising April 22, 1994
Advertise for Bid April 24, 1994
Demolition of Existing Clubhouse May 18, 1994
Bids Due May 24, 1994
A ward of Construction Contract June 7, 1994
City Commission (Special Meeting)
Commence Construction June 13, 1994
Substantial Completion April 16, 1995
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[ITY DF DELHAY BEA[H
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
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AI Allnaaly
March 10, 1994 ' ~ II I!
1993
Palm Beach County Legislative Delegation
301 N. Olive Avenue, 10th Floor
West Palm Beach, FL 33401
Re: HB 1167 (Lippman) and SB 682 (Wexler)/Presumption of
Job-Related Disability
Dear Members:
The City Commission has directed me to advise you of their position
concerning the referenced bills. The City of Delray Beach strongly
opposes SB 682 by Senator Wexler and HB 1167 by Representative
Lippman, which would essentially require that a firefighter or
paramedic automatically receive workers' compensation and disability
pension benefits after contracting AIDS, hepatitis or meningitis. A
statutory presumption that certain diseases are job related would be
a costly and onerous unfunded state mandate, is not needed, and will
have a deleterious effect on the recent reforms to the workers'
compensation system.
We ask that you do anything that you can to prevent this legislation
from becoming law. The presumption premise runs counter to the
intent of employer provided benefits such as workers' compensation
and disability pensions. Those employees who do experience job
related diseases should and are currently covered for these
benefits, but the facts reveal that diseases such as those in SB 682
are experienced more frequently in our general population than in
workers who are daily at risk from exposure.
Thank you in advance for your serious consideration and support of
Delray Beach's position.
S~nc~rely, \"
II (\ . ~I\
" " J~/..
fh...;J, I ; '-I('v'-<" .
bavid T. Harden "
City Manager
DTH/amh
cc: Palm Beach County Municipal League
Florida League of Cities
Kathleen Daley
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERVft1
SUBJECT: AGENDA ITEM it ?A - MEETING OF MARCH 8. 1994
POSITION LETTER/PRESUMPTION OF JOB RELATED DISABILITY
DATE: MARCH 41 1994
The Fire unions statewide are seeking to add AIDS, HIV, ARC,
Hepatitis, Tuberculosis and Meningitis to the list of conditions
that would automatically be treated as job related when contrac-
ted by Fire Department personnel.
The Florida League of Cities is strongly opposed to thisl in that
on-the-job exposures to these diseases are documented and already
covered under workers I compensation. A statutory presumption
that certain diseases are job related would be a costly, unfunded
state mandate. It is not needed and will have a deleterious
effect on the recent reforms to the Workers' Compensation system.
The League requests that members oppose the proposed legislation;
House Bill 1167 (Representative Fred Lippman) and Senate Bill 682
(Senator Robert Wexler).
Recommend that the accompanying position letter be sent to the
City/s legislative delegation expressing opposition to the
proposed bills.
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2/15/94 c: Commission. City Manager. Joe Safford. Ned Gusty RECEIVE~
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FLORIDA LEAGUE OF ~~~~ ~.
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Memorandum
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TO: Key Officials
FROM: Carol Marchner, Director of Labor Relations
DATE: February 2, 1994
RE: LEGISLATIVE ALERT: Personnel Unfunded Mandates
We are sending this to you because either your Senator is on the Senate Personnel,
Retirement and Collective Bargaining Committee or your Representative is on the House
Employee and Management Relations Committee.
During the first or second week of the upcoming session, we fully expect that several bills
proposing significant unfunded mandates in the personnel area will be heard. We expect
a strong push from the unions in an election year, and now, before the session gets too
hectic, we urge you to write or call your legislator on these specific issues. The one thing
all these issues have in common is that they disregard home rule and would be significant
unfunded mandates if passed.
"Don't let them give away your store while they are away in Tallahassee!" We have attached
position papers, and bill numbers where appropriate, on the key issues. Please copy me on
any related correspondence or responses which you receive. Thank you! ~.
.
PRESUMPTION OF JOB-RELATED DISABILITY
Fire unions are once again pushing during the 1994 legislative session to require that
sexually transmitted diseases such as AIDS, airborne diseases such as meningitis, and
diseases for which vaccines are available, such as hepatitis B (and D), be presumed to be
contracted on the job. They appear to be gathering support from around the state on HB
1167 (Lippman) SB 682 (Wexler) which would accomplish just that.
The Florida League of Cities strongly opposes these bills because they represent a costly
unfunded mandate to cities and local taxpayers, due to the automatic, unrebuttable nature
of statutory presumptions. Exposures to these diseases on-the-job are now more
documentable than ever, and workers' compensation and pension benefits are already
payable when there is some evidence to support the claim.
History
State law currently requires the payment of in-line-of-duty benefits under workers'
compensation and disability pensions for any condition of heart disease, hypertension or
tuberculosis claimed by a firefighter, in s. 175.231, Fl. Stat.
Cities have had many years of costly experience with this "heart and lung" presumption.
Under this presumption, no matter how much the firefighter smokes, drinks, eats or inherits,
if they experience heart problems, including hypertension, they are automatically covered
under workers' compensation and disability pension. There has never been a case
successfully rebutted because of Division of Retirement v. Caldwell, which requires an
employer to prove the employee contracted the disease ofT the job in order to rebut the
claim.
Several years ago a law was passed which requires a firefighter to sign an affidavit that they
have not used tobacco products in the year preceding first time employment. However,
there is virtually no legal ground for enforcement of this law if the firefighter smokes after
employment, nor are there any legal grounds for fighting the presumption even if the
firefighter who is claiming it has smoked all during their employment. ~-
Legislation has been introduced for the past five years which seeks to expand the "heart and
lung presumption" to cover other diseases, once again for just firefighters and emergency
service personnel.
What is Being Done Currently to Protect Employees?
Employers are taking steps now to prevent exposures to communicable diseases and limit
predisposed factors for heart attacks, Le. a preventive, not reactive approach. Immunizations
for hepatitis B /D are common practice. Exposures to bloodborne pathogens are minimized
.
'.
through OSHA standards, and can now be traced and documented through RNA testing.
BLoodbome Pathogens
All employers must comply with federal OSHA standards for all employees (including police
and health care employees) who could be exposed to HIV and hepatitis on the job.
Employers must ensure employees follow specific, detailed procedures, and provide standard
equipment and extensive training on proper use. Exposures must be documented when they
occur, testing and immunizations must be provided for the employee. Firefighters and
emergency service personnel in particular spend significant hours in on-the-job service
training, due to federal, state or local mandated requirements.
Hear! and Lung
Cities use comprehensive stress and risk management programs, exercise and fitness
incentives, and smoking cessation and nutrition classes for all our employees. We have also
instituted drug abuse education (later required for workers' compensation rate discounts)
accident and employee assistance programs as preventive and treatment measures.
Generally
The push for the AIDS presumption seems to contradict current medical consensus that it
is hard to contract HIV on the job when using proper protection. Also, the numbers of
cases claimed by health care workers for contracting AIDS on the job are low.
Business Week reported on May 17, 1993 that:
"of the estimated 1.5 million residents in the U.S. infected with HIV, only 36 are
health-care employees who were infected at work. And out of the 5.6 million health-
care workers in the country, just 8,000 have caught the virus. Insurers think the
statistics will get even better, because of new Occupational Safety and Health
Administration guidelines that require new safety precautions in health care...
Insurers are surprised and encouraged by the low claims level."
The fact is that occupational disease of any kind is fully compensable under the current
workers' compensation system, in s. 440.151, Fl. Stat., where the term is broadly defined.
Diseases which are ordinary diseases of life to which the general public is exposed are
excluded, unless the incidence of the disease is substantially higher in the particular job.
Further, there must be some related evidence to support a claim.
Fiscal Impact
With HIV / ARC/AIDS, we do not know what the exposure will be, but current estimates
on cost are $500,000 - $1 million per case. In more than one city, the heart and lung bill
has been $500,000 for every firefighter making the claim, and in more than one city over 80
percent of their fire department retirements have involved the payment of benefits based
on the presumption!
'.
In a 1993 study conducted by the University of South Florida, funded by the Florida
Institute of Government, a representative sample of 50 percent of the 390 cities in the state
were surveyed on personnel mandates over the last five years. Full disability using the
presumption clause was reported to occur in 23 percent of public safety disability cases. Of
those that experienced full or partial disability presumption claims, 87 percent estimated that
the cost of the heart and lung presumption was less than $50,000 annually, but the rest
reported costs ranging from over $50,000 to $15 million annually.
Conclusion
A statutory presumption that certain diseases are job related is not needed. The current
presumption for heart diseases and tuberculosis is a costly and onerous unfunded state
mandate. We anticipate that expansion of the current situation to other diseases would be
no different, and probably worse. For further information, contact Carol Marchner at the
Florida League of Cities, (904) 222-9684.
~ "
.
"
SAMPLE: Please contact Carol Marchner at the League for further information, (800) 342-
8112.
Date
Honorable
Representative /Senator
The Capitol
Tallahassee, FL
Dear Rep';Sen.
The City of strongly opposes SB 682 by Senator Wexler and HB 1167 by
Representative Lippman, which would essentially require that a firefighter or paramedic
automatically receive workers' compensation and disability pension benefits after contracting
AIDS, hepatitis or meningitis. A statutory presumption that certain diseases are job related
would be a costly and onerous unfunded state mandate, is not needed, and will have a
deleterious effect on the recent reforms to the workers' compensation system.
We ask that you do anything that you can to prevent this legislation from becoming law.
The presumption premise runs counter to the intent of employer provided benefits such as
workers' compensation and disability pensions. Those employees who do experience job
related diseases should and are currently covered for these benefits, but the facts reveal that
diseases such as those in SB 682 are experienced more frequently in our general population
than in workers who are daily at risk from exposure.
A background information paper is enclosed with this letter for your review, explaining our
position on the issue. If further information is needed, please contact ,. and we
will be most pleased to assist in any way we can. Thank you in advance for your
consideration.
Sincerely,
Mayor, Council/Commission Member/City Spokesperson
.
FLORIDA LEAGUE OF CITIES
February 7, 1994
H e pat i tis Facts
Source: Lore Lee, State Department of Health and Rehabilitative Services Epidemiology
Office, (904) 488-2905.
Type of Hepatitis
A contracted via feces
no immunization available
treatable, self immunizing (not contracted again)
B contracted via blood (called serum hepatitis also)
immunization available (98% effective)
most serious type, treatable but is chronic condition which increases chance of
liver cancer by 20 times, can cause serosis of liver
C contracted via blood or feces (called non AI non B also)
no immunization available
chronic condition, treatable
0 contracted only when person already has B (called Delta)
immunization available via hepatitis B immunization
E contracted via feces
no immunization available
treatable, self immunizing (not contracted again)
Notes: Hepatitis in any form is a viral infection, generally more easily contractdd than HIV,
through blood contact with eyes, mouth. It is spread through shared needles, sex
(usually anal) or blood. Exposures to hepatitis can be documented by "RNA
fingerprinting". There are several subtypes of the disease, but one subtype is responsible
for 80 percent of the strains of the virus. Blood serum tests can estimate whether the
exposure is recent or more dated through antibody analysis. (source: Dr. Hlady, HRS
Epidemiology Division 488-2905).
.
..
.
FLORIDA SENATE - 1994 sa 682
By Senator Wexler
.-, 28-342-94
L , A bill to be entitled
2 An act relating to governmental retirement or
[ 3 pension systems and plans: providing
4 legislative finding and intent; providing
5 definitions; providing that a disability caused
6 by specified diseases is presumed to have been
7 suffered in the line of duty under such a
8 system or plan in certain circumstances and if
9 certain conditions are met; authorizing certain
, 0 insurance contracts to include coverage for
11 disabilities caused by such diseases; requiring
12 records to be kept concerning exposure to such
, 3 diseases; requiring notification of such
14 exposure; providing for construction of laws;
-
, 5 providing for applicability; providing for a
, 6 contribution rate increase by employers of
17 members of the Special Risk Class of the
, 18 Florida Retirement System to fund the
19 provisions of the act with respect to those
20 members: providing an effective date.
2'
22 WHEREAS, firefighters, paramedics, and emergency
23 medical technicians are trained to place their 11 ves and
[ 24 bodies in jeopardy in order to protect the lives and property
.
25 of others, and
26 WHEREAS, by reason of their employment, firefighters,
27 paramedics, and emergency medical technicians are often
- 28 exposed to persons who have communicable diseases at the time
29 of rescue or emergency treatment, which diseases the
30 firefighters, paramedics, and emergency medical technicians
31 face a substant~al risk of contracting, and
1
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~~ 'f"?,OVOUQU4-- ,--, roles. A gre8.td~~ ~{~~~~us was ~hed~~-~~~y
~ ~ ~ '1"
.~ 'i9t";.<f issues. but some could not be resolved. Soon thereafter, the
~ ~ ~~owth Management Legislature began discussing a proposal to transfer state
~u.
p (.Q~ <f Since the passage of the 1993 "ELMS" ill ('lbird administration of the pension programs from the Depart-
ment of Insurance to the Department of Management
~9 If Environmental Land Man~gement Study Co~mi~) Services (DMS). Now that the transfer has taken effect, the
~ g;ov.'th management legislation, there h~8 been dl8CU8111on DMS is asking the Lq;'islature to diidfy itlVei'al issues that
regarding the need for a "glitch" bill Such a bill could it believes to be unclear and an impediment to writingroles.
potentially revisit a myriad of issues contained within the '!be League's position is that no clarification is needed;
180-page bill, enacted last year, including: annexation however, the unions are supporting legislative changes. If
reform; transportation concurrency exemptions for urban the Legislature addresses any issues, they should be lim-
revitalization; the 5-centlocal option gas tax; and new local ited to avoid a' wholesale re-opening of benefit and funding
comprehensive planning or procedural requirements among issues. which would be significant unfunded mandates.
other things. So far, no bills have been filed. Tbe League '!bese pension programs, by their nature, are contra-
will continue to monitor this issue and will provide further veraial because they are independent from the city for
information as it becomes available. (Salz) administration purposes, but not for funding purposes.
AIDS Presumption of Job-Related Urge your legislators to vote a resounding "no" on any
changes that could in any way lessen home rule authority
Disabili~y over the provision ofpension benefits or financially impact
the pension plan. (Marchner)
Fire unions are seeking once again to add AIDS, HIV Joint and Sev.eral Liability
and ARC, hepatitis, and meningitis to the list of conditions
that automatically will be treated as job related and they
appear to be gathering signatures from around the state for Historically. the doctrine of joint and several liability
a bill this session. The League is strongly opposed to this had a substantial impact on the liability ofmunicipalities
concept, in that the exposures to these diseases on-the-job because municipalities were typically viewed as "deep
can be and are documentable. and are. therefore, already pockets.- In an effort to inject a sense offairness into the
covered under workers' compensation when evidence ex- situation, the 1986 Legislature modified the doctrine. To-
ists. day, the doctrine of joint and several liability can no longer
We have had many years of costly experience with the be applied to a defendant if the total damages exceed
"heart and lung"presumption for firefighters, which essen- $25,000, and the defendant's "percentage of fault" is less
tially requires that workers' compensation and disability than the plaintiffs "percentage offault." The Legislature's
retirement benefits be paid automatically in every case to 1986 modification had a positive impact on the cost and
a firefighter who develops high blood pressure, heart availability of liability insurance for municipalities.
disease or tuberculosis, regardless of the evidence against The trial attorneys are seeking legislation this yesr
job relatedness. that would negate a portion oftbe gains made in 1986. The
Now is the time to tell your senators and representa- trial attorneys' proposal would prohibit a jury from assign-
tives that the city strongly opposes this legislation. We ing a "percentage offault" to a negligent person unless the
have position papers, sample letters and more technical person is actually named as a defendant in the lawsuit.
information on this issue if needed. (Marchner) The League is opposed to the trial lawyers' proposal. If
the trial lawyers are successful with their proposal, it will
Florida Retirement System decrease those instances in which a municipality can
Withdrawal demonstrate its "percentage of fault" was less than the
plaintiffs "percentage offault" and will, therefore. increase
The 106 cities who made a decision 20 years ago to join the instances in which the doctrine of joint and several
liability will be applied to municipalities. The proposal
the Florida Retirement System have experienced a 200 to undoubtedly will result in an increase in the cost of liability
700 percent increase in contribution rates required of them. insurance for municipalities. Additionally, if successful
One of the reasons was that soon after they joined. the fully with its proposal, there is no reason to believe the trial
funded system was combined with the teachers' andjudges' lawyers will not propose additional legislation in future
pension plans, which created a huge unfunded liability for sessions to further erode the gains mac{e in 1986. (Morrison)
all the participants, including cities. Another reason was
that the system was changed, after they joined, from a Terri torial Bill
employee contribution plan to 100 percent funding by the
employer. . Elements of the electric industry are again seeking a
Despite these changes, which cities had no control over,
the Legislature has not addressed the inequities or allowed "territorial bill." liB 405 (Mackey) and a Senate companion
an opportunity for those who are optional participants to be filed by Sen. Dudley, will vest with the Public Service
(cities) to withdraw, under Horne Rule authority, from the Commission the exclusive authority to unilaterally estab-
system in an actuarially sound manner. lish the territories of electric utilities.
Rep. Littlefield and Sen. Beard are sponsoring bills in The League is opposed to the bill for two reasons: the
1994 that will allow cities an option to withdraw from the bill will substantially impair the ability of municipally
FRS for future employees. If25 cities were to exercise the owned electric utilities to expand their territorial bound-
option, the estimated cost to all employers in the system aries and will likewise substantially impair the ability of
would be .03 percent of payroll, or $5 million annually. municipalities to negotiate favorable electric franchise
With the total contributions in the system currently at $2.1 agreements. Florida's municipalities annually receive
billion, the cost of withdrawal is considered nominal. The roughly $250 million in franchise fees from electric utilities.
League strongly supports these bills and urges you to While the bill contains several provisions designed to
contact your legislators on this issue. {Marchner) protect fees derived from existing franchise agreements,
thf! bills fall short of DrotectiIu! the oermanent authority of
.
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[ t J DF DELRAY BEA[H
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A TTORNEY'S OFFICE ~ \\ ),\ A\T".:lT . DELRAY BEACH, FLORIDA 33444
Wr1ter'. D1rect L1ne
i \', \j\jil F 4li7 '~7k-4'755
(407) 243-7090
MEMORANDUM
Date: March 1, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Acceptance of Easement Deed -
Lot 17 Decarie Subdivision
The City Commission is requested to accept the attached
Easement Deed from Saul L. Ziner and Louis Moyroud. The City
will be installing a sanitary sewer line within the easement.
Please call if you have any questions.
! DNT: sh
Attachment
decarie.dnt
?B
'.
, . ~
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EASEMENT DEED
THIS BNDBNTURII, _d. thh 14J-.. day of F4, , 19~, bet_.n Saul L.
and L. Moyroud ~, partl.. of the flr.t part, and the CITY OF DB Y BBACH, . Florid.
municlp.l corpor.tion ln P.lm a..ch county, st.t. of Florid., p.rty of the ..cond p.rt.
WITNBSSBTB. Th.t the p.rtl.. of the flr.t p.rt, for .nd ln con.id.r.tlon of
the .\IID of T.n ($10.00) Doll.r. .nd oth.r good .nd v.luabl. con.id.r.tion. to lt in
hand p.ld by the .aid p.rty of the ..cond p.rt, the r.c.ipt of whlch i. h.r.by
acknowl.dg.d, do.. h.r.by gr.nt, b.rg.in, ..11 and r.l.... unto the party of the
..cond p.rt, It. .ucc...or. and a..lgn., a right of w.y and perpetu.l ..._nt for
the purpo.. of. in.tallatlon of a .anltary ..w.r lln. with full and fr.. rlght, lib.rty,
and authorlty to .nt.r upon and to In.tall, oper.t., and maintain .uch ..nitary ._.r
lln. under, acro.., through .nd upon, ov.r, und.r or wlthln the following d..crib.d
property located ln Palm B.ach County, Florida, to-wit,
DESCRIPTION
A parcel of land within the O.c.ri. Subdivi.ion, Plat Book 24, P.g. 102, Public R.cord.
of Palm Beach COunty, Florida.
Said parc.l of l.nd b.ing more p.rticularly d..crib.d a. follow..
Th. north 12' of the .outh 26' of Lot 17 of the the O.carie Subdivi.ion.
Said parc.l containing 0.0275 acr.. more or 1....
Concomitant and co.xt.n.iv. with thi. right i. th.,furth.r right in the p.rty of
the .econd part, it. .ucc...or. .nd a..ign., of ingr... and 89r... ov.r and on that
portion of land d..cribed abov., to .ff.ct the purpo... of the .a._nt.
That thh .a._.nt .hall b. .ubject onl/ to tho.. ...ament., r..triction., and
re..rvation., and r...rvation. of record. That the partl.. of the flr.t p.rt .gr..
to provide for the r.l.... of any and .11 mortg.ge. or li.n. .ncumb.ring thi. ..._nt.
The part i.. of the flr.t p.rt .1.0 .gr.. to .r.ct no buildlng or .ff.ct .ny oth.r kind
of con.truction or lmprovement. upon the .bov.-d..crib.d property. I
P.rti.. of the fir.t p.rt do h.r.by fully w.rrant the title to ..1d l.nd .nd
will d.fend the .... again.t the lawful claim. of all per.on. whom.oev.r cl.imed by,
through or und.r it, that it ha. good right and lawful authority to gr.nt the above
de.cribed .a._nt and that the .... ie unencumber.d. Where the cont.xt of thie
Ba....nt Deed allow. or permit., the ...e .hall includ. the .ucc...or. or ...ign. of
the p.rtie..
IN WITNBSS WHBREOF, the p.rtie. to thie Eae..ent Oe.d eet th.ir h.nd. and ...1.
the day and year firet above written.
WITNESSBS. P~~(~FMT PMT
~"'~. 0~_
EVIS€ CO~_
(n..e print.d or type writt.n) (name print.d or type writt.n)
, '1f;rP'~
/
00A'U...a 0 ~ ~d
L. Movroud r- -
D~,,<)IS€ OolP (Addr...)
(name printed or type writt.n)
STATB or MA
COUNTY or 10'1 'JJ])/~.!>It){
Th. for.going in.trument wa. acknowledged be for. _ thie L..d.y of ~c./J ,
19.iL-, by .s A v Ii.. 'Z.", tf,c. (name of per.on .cknowledg.d), who i.
pereonally known to _lor haa \ produced ;>"""4~ 21~//.;' (type of
identific.tion) aa id.ntification and whf did (did not) take an o.th.
',~.~
Notary Publlc
S gnature of
If/lee?? H {J'L~Ad. V
S.rial Number, if any Name of Acknowledger Typed, Prrnted or Stamped
'.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i gc - MEETING OF MARCH 8. 1994
RESOLUTION NO. 17-94
DATE: MARCH 4, 1994
This is a resolution authorizing the Community Redevelopment
Agency to acquire four lots in Block 60 along North Swinton
Avenue.
These lots are being purchased for additional parking and for the
permanent placement of two historic houses moved from West Palm
Beach in January.
Recommend approval of Resolution No. 17-94.
'.
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[ITY DF DElARY BER[H
CITY ATTORNEY'S OFFICE 2,,;1 ~~w [,( ,'\\ L'.'c,L . [)lCUZAY DE.:,CH. FLOR.IDA 33..44
F.\CSI.\lILE .;il7,:'~.~-5' W~~~.~'. D~~.a~ L~n.
(407) 243-7090
MEMORANDUM
Date: March 2, 1994
To: Sharon Morgan, Executive Assistant, City Clerk
From: David N. Tolces, Assistant City Attorn~
Subject: CRA Resolution - Acquisition of Property in Block 60
North Swinton Avenue
Attached is the documentation for the resolution to be adopted
by the City Commission to authorize the CRA to acquire four
lots in Block 60 along North Swinton.
Please call if you have any questions.
DNT:ci
Attachment
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w
CD Community .
Redevelopment
-a Agency
______,_.______n_. _.___'~...
- -- --~--~ -~..-'._-- --.
^-_._-- .. -- ~_.- -
p..------. -.-.--
Delray Beach
MEMO TO: David Tokes, Esq.
FROM: Diane HervJ/
DATE: February 28, 1994
RE: CRA Resolution 94-1
David:
Attached please find CRA Resolution 94-1 dated February 10, 1994 requesting City Commission
to authorize the acquisition in fee simple title by gift, purchase or eminent domain of property
in Block 60 (North Swinton Avenue). These lots are being purchased for additional parking and
the permanen~cement of two historic houses moved from West Palm Beach in January. We
would appreciate your putting this item on the next City Commission meeting agenda for
approval.
If you have any questions, please give me a call.
/d
attach.
207 E. Atianric Avenue, Delray Beach, FL 33444 . (407) 276-8640 / Fax (407) 276-8558
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.-.- .. '.'-"'~'----~---'- -- - -
. -" - ..- . --.-.-.-'. -.~
RESOLUTION NO. 17-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF
CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE
DEL RAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of
Delray Beach, the City Commission of the City of Delray Beach,
Florida, created the Delray Beach Community Redevelopment Agency; and
WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida
Statutes, the Delray Beach Community Redevelopment Agency possesses
the power to acquire by gift, purchase or eminent domain any real
property within the community redevelopment area; and
WHEREAS, the City Commission of the City of De1ray Beach, :
Florida, has been requested by Resolution No. 94-1 adopted by the
De1ray Beach Community Redevelopment Agency to authorize the
acquisition in fee simple by gift, purchase or eminent domain, of
certain property described therein; and
WHEREAS, Section 163.370(1) (e) (2), Florida Statutes, further
provides that a community redevelopment agency may not exercise any
power of eminent domain unless the exercise has been specifically
approved by the governing body of the municipality which established
the agency; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to approve or authorize the acquisition of the
property hereinafter described by the De1ray Beach Community
Redevelopment Agency by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Delray Beach Community Redevelopment Agency
is hereby authorized to acquire fee simple title by gift, purchase or
eminent domain that certain property more specifically legally
described as follows:
South 25.3' of Lot 4 and North 24.7' of Lot 5, Block
60, TOWN OF LINTON, as recorded in Plat Book 1, Page
3, of the Public Records of Palm Beach County,
Florida.
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,
I
South 50' of Lot 5, Block 60, TOWN OF LINTON, as
recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida.
Lot 6, Block 60, TOWN OF LINTON, as recorded in Plat
Book 1, Page 3, of the Public Records of Palm Beach
County, Florida.
South 50' of Lot 11 and Lot 12, Block 60, TOWN OF
LINTON, as recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, Florida.
Section 2. That this Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 8th day of
March, 1994.
~~
ATTEST:
f1t~'-/J)j? ill ~ Ihlir-
City C erk
- 2 - Res. No. 17-94
'.
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RBSOLUTIOB RO. 9";- /
A RESOLUTION Oll' THE BOARD Oll' COMMISSIONERS Oll' THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION Oll' THE
CITY Oll' DELRAY BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE
TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN Oll' CERTAIN PROPERTY
HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR
THE PUBLIC PURPOSE Oll' REDEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY
REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES.
WHEREAS, the Delray Beach community Redevelopment Agency has duly adopted
a Community Redavelopment Plan for the area within its jurisdiction; and
WHEREAS , as part of its Community Redevelopment Plan, (the "Plan"), the
Community Redevelopment Agency has established goals and objectives with respect
to the revitalization of the downtown business district and the encouragement of
new commercial activities within the community redevelopment area; and
WHEREAS, the City commission of the City of Delray Beach is in the process
of approving a modification to the Community Redevelopment Plan to provide for,
among other things, the expansion of the Block 60 Redevelopment Project to
encompass the real properties described as:
South 25.3' of Lot 4 and North 24.7' of Lot 5, Block 60,
TOWN Oll' LINTON, as recorded in Plat Book 1, page 3, of
the Public Records of Palm Beach County, Florida.
South 50' of Lot 5, Block 60, TOWN OF LINTON, as
recorded in plat Book 1, Page 3, of the Public Records
of Palm Beach County, 1I'1orida.
Lot 6, Block 60, TOWN OF LINTON, as recorded in Plat
Book 1, Page 3, of the Public Records of Palm Beach
County, Florida.
South 50' of Lot 11 and Lot 12, Block 60, TOWN Oll'
LINTON, as recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, 1I'1orida.
WHEREAS, a component of the above described project is the acquisition of
lands necessary to facilitate said project; and
WHEREAS, the Community Redevelopment Agency has determined that it is in
the public'S interest to proceed with the acquisition of the properties
hereinafter described by gift, purchase, or eminent domain and pursuant to
Section 163.370 and Section 163.375 Florida Statutes it is appropriate to request
the City of Delray Beach to authorize the Delray Beach Community Redevelopment
Agency to exercise the power of eminent domain subject to the Amendment to the
Plan as above referred to and to the extent it determines is necessary for the
said acquisition of the properties described above.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray
Beach Community Redevelopment Agency that:
Section One: The City Commission of the City of De1ray Beach is
hereby requested upon their final adoption of the modification of the Community
Redevelopment Plan as above described to authorize the acquisition of the
following parcels of real property legally described above, by gift, purchase,
or eminent domain as described in Sections 163.370 and 163.375 Florida Statutes
and Chapters 73 and 74 Florida Statutes. The Delray Beach Community
Redevelopment Agency shall acquire fee simple title to said properties following
'.
.
the deleqation of the above described po_r of eminent domain by gift, purchase,
or eminent domain.
Section Two: The Board of Commissioners of the Community Redevelopment
Agency hereby determines that it is necessary to acquire the property described
above pursuant to its community Redevelopment Plan and more particularly the
Block 60 Redevelopment Project as contained therein.
Section Three: This Resolution shall take effect immediately upon passage.
this ~ day of n&wlfl/!!,/ , 1994.
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER &1
SUBJECT: AGENDA ITEM :II: ~..]) - MEETING OF MARCH 8. 1994
RESOLUTION NO. 20-94
DATE: MARCH 4, 1994
This is a resolution assessing costs for abatement action
required to remove nuisances on 12 properties located within
the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on
these properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 20-94 assessing costs for
abating nuisances on 12 properties located within the City.
'.
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.-.,.- - ~.... --,. .-- ....-.. -. ,~--., - .~'. - .'- - ->. -..-...."_...... -- <---..-- _..~_... -.. ---,------. . ..- ..,- .._--~--
.. .~--- . ",-- ,--..-..- '.-.-..--...- I
RESOLUTION NO. 20-94 I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the ,
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed I
within ten (10 ) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating I
such nuisance, and that the cost thereof would be levied as an assess-
ment against said propertYi and,
WHEREAS, the property owner(s) named in the list attached !
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner (s ) failed and/or neglected to abate such nuisance (s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s)i and,
'.
-_. "'.-- - .---.-,.---.--.-, ',--
_~".____,.___...___."... ,._A_ _,___.._ - ',_ ".__._ _n -.-., --
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray i
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the I
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are I
I
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
- 2 - Res. No.20-94
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Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee. I
PASSED AND ADOPTED in regular session on this the day
of , 1994.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 2 0- 9 4
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E41' OF LOT 2, BLK D, MADELINE S SANTIAGO $ 40.00
RIDGEWOOD HEIGHTS, 1105 1/2 S.W. 7TH AVENUE 70.00 (ADM. COST)
DELRAY, PB 14, P 44, DELRAY BEACH, FL 33444 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(1105 1/2 SW 7TH AVE)
N100' OF E 131.6' OF ISIS CASTRO $ 50.75
BLK 63, TOWN OF DELRAY, 279 N.W. 36TH AVENUE 70.00 (ADM. COST)
PB 6, P 3, PUBLIC DEERFIELD BEACH, FL 33442 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(200 S. SWINTON AVE)
CORNICHE ALL OF PLAT, LA CORNICHE DEVELOPERS, INC. $ 73.00
PUBLIC RECORDS, PALM C/O HENRY WHITEHILL, 70.00 (ADM. COST)
BEACH COUNTY, FL REG. AGENT (RECORDING)
(SE 6TH AVENUE) 5910 N.W. 2ND AVENUE
BOCA RATON, FL 33487
LOT 21, BLK B TOURIST RUSSELL E. BROWN $125.00
NOOK, DELRAY, PB 11, C/O JUNE DIMON 70.00 (ADM. COST)
P 47, PUBLIC RECORDS, 9720 WILLOW ROAD (RECORDING)
PALM BEACH COUNTY, FL WILLIS, MI 48191-9727
(NW 8TH AVE)
LOTS 17 TO 20, INC. , ESTERVINA MOREDA $ 80.50
BLK 1, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST)
PB 13, P 38, PUBLIC DELRAY BEACH, FL 33447-1953 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(REIGLE AVE)
LOTS 14 TO 16 INC., ESTERVINA MOREDA $ 70.50
BLK 1, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST)
PB 13, P 38, PUBLIC DELRAY BEACH, FL E33447-1953 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(REIGLE AVE)
N69.5' OF LOT 9, BLK DOROTHY MAGER $ 60.00
78, TOWN OF DELRAY, C/O GARTH MAGER 70.00 (ADM. COST)
PB 1, P 3, PUBLIC 1704 HIGH RIDGE RD (RECORDING)
RECORDS, PALM BEACH LAKE WORTH, FL 33461
COUNTY, FL
(102 SE 2ND AVE)
-4- Res. No. 20-94
..
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S201.87' OF NE 1/4 OF RICHARD CRITCHFIELD TR $ 40.00
LOT 8 (LESS E25' RD 8150 GLADES ROAD 70.00 (ADM. COST)
RW}, SUB OF SEC. BOCA RATON, FL 33434 (RECORDING)
20-46-43, PB 28, P 68,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 4TH AVE)
LOT 267 (LESS IRREG BILCO ASSOC. INC. $ 60.00
SHAPED PAR IN OR 5755, 269 NYMARK STREET 70.00 (ADM. COST)
P 1027), TROPIC ISLE ST SAUVEUR QUE (RECORDING)
3RD SECTION, PB 25, CANADA JOR lR3
P 37, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(EVERGREEN DRIVE)
LOT 9, BLK 5, DELL JOHN & JANET L. THOMAS $ 60.00
PARK, PB 8, P 56, 250 N.E. 12TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(250 NE 12TH ST)
S20' OF LOT 11, LOT DALE L. MEDEIROS $ 67.50
12 & N91 OF LOT 13/ C/O NOWLIN & NOWLIN 70.00 (ADM. COST)
LESS W5 I RD R/W, BLK 50 S.E. 4TH AVENUE (RECORDING)
111, TOWN OF DELRAY, DELRAY BEACH, FL 33483-4514
PB 13, P 456, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(253 SE 5TH AVE)
LOT 27, BLK 1, ATLANTIC BENNIE THOMAS $125.00
PARK GARDENS, DELRAY, 1720 FIRST STREET NORTH 70.00 (ADM. COST)
PB 14, P 56, PUBLIC WINTER HAVEN, FL 33441-2124 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(NW 12TH AVE)
VIOLATION IS: SECTION 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE
-5- Res. No. 20-94
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ffv1
SUBJECT: AGENDA ITEM :II: g~ - MEETING OF MARCH 8. 1994
RESOLUTION NO. 21-94
DATE: MARCH 4, 1994
This is a resolution assessing costs for abatement action
required to remove nuisances on 13 properties located within
the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on
these properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 21-94 assessing costs for
abating nuisances on 13 properties located within the City.
'.
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-,"-- -- - . -- ,---...- .-.-- .-,---. - - -~..~-- - .-^
.""'-' -- -----------. -~---~.
RESOLUTION NO. 21-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENTj SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUl SANCES j PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTSj PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance ( s ) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
'.
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--_.,- -- .--- ..------.- _.-._--------_._._--_._._---------"--~~-----._--~---- ----- -- __ ___ n
----
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the noticej and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involvedj and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City/s cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of I
I
Delray Beach on the has levied an I
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
- 2 - Res. No . 2 1- 9 4
.
.
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~.-,-, ."--' ~.- -
--------_._~---_.._-, ---. _._-,._---.~_._----_. ._--,._---,.__._.,._-------~,--_._._--_.., .-.-..--------.---.---... ---.- _.~. --."-----
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notic~ of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of I 1994.
MAY 0 R
ATTEST:
City Clerk
- 3 - Res. No. 2 1 - 9 4
'.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 13, BLK 2, ATLANTIC DAISY M. RAY $ 50.00
PARK GARDENS, DELRAY, P.O. BOX 74 70.00 (ADM. COST)
PB 14, P 56, PUBLIC LENOX, GA 31637 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(17 SW 13TH AVE)
LOTS 1 & 2, BLK 2, L.D. TERRY $ 52.50
SILVER TERRACE, DELRAY, 6901 S. CONGRESS AVENUE 70.00 (ADM. COST)
PB 11, P 61, PUBLIC LAKE WORTH, FL 33460 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(1145 S nIXIE HWY)
LOT 3, BLK 2, SILVER L.D. TERRY $ 63.00
TERRACE, DELRAY, PB 11, 6901 S. CONGRESS AVENUE 70.00 (ADM. COST)
P 61, PUBLIC RECORDS, LAKE WORTH, FL 33460 (RECORDING)
PALM BEACH COUNTY, FL
(1107 S DIXIE HWY)
LOTS 4 & 5, BLK 2, L.D. TERRY $ 63.00
SILVER TERRACE, DELRAY, 6901 S. CONGRESS AVENUE 70.00 (ADM. COST)
PB 11, P 61, PUBLIC LAKE WORTH, FL 33460 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(1205 S DIXIE HWY)
LOT 28, BLK 1, ATLANTIC EARLENE MORGAN $ 15.00
PARK GARDENS, DELRAY, 46 N.W. 12TH AVENUE 70.00 (ADM. COST)
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(46 NW 12TH AVE)
LOT 6, BLK 4, ATLANTIC J. JR. & MARY M. SMITH $ 50.00
PARK GARDENS, DELRAY, 3616 AVENUE DEGIEN 70.00 (ADM. COST)
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33445 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(221 SW 13TH AVE)
LOTS 16 & 17, BELLE- LORES & LOUISE J. GAMBLE $ 60.00
VIEW COURT, PB 11, 4867 N.W. 6TH COURT 70.00 (ADM. COST)
P 45, PUBLIC RECORDS, DELRAY BEACH, FL 33445 (RECORDING)
PALM BEACH COUNTY, FL
(16 SW 9TH ST)
-4 - Res. No. 21-94
'.
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LOT 103, BLK 1, LAKE JULIE MIRON CO. $ 75.00
FOREST SOUTH, PB 43, 19400 W. DIXIE HWY. 70.00 (ADM. COST)
P 152, PUBLIC RECORDS, NORTH MIAMI BEACH, FL 33180 (RECORDING)
PALM BEACH COUNTY, FL
(4015 NW 7TH CT)
E125' OF LOT 11, BLK 5, ERNEST S. & CLAIRE R. COX $ 60.00
SHERWOOD PARK, PB 26, 3615 SHERWOOD BLVD. 70.00 (ADM. COST)
P 187, PUBLIC RECORDS, DELRAY BEACH, FL 33445-5628 (RECORDING)
PALM BEACH COUNTY, FL
(3615 SHERWOOD BLVD)
E125' OF LOT 11, BLK 5, ERNEST S. & CLAIRE R. COX $ 65.00
SHERWOOD PARK, PB 26, 3615 SHERWOOD BLVD. 70.00 (ADM. COST)
P 187, PUBLIC RECORDS, DELRAY BEACH, FL 33445-5628 (RECORDING)
PALM BEACH COUNTY, FL
(3615 SHERWOOD BLVD)
LOTS 2 & 3, BLK 4, ROGER M. COFFEY $ 50.00
ATLANTIC PARK GARDENS, 1502 N.W. 85TH STREET 70.00 (ADM. COST)
DELRAY, PB 14, P 56, MIAMI, FL 33147-4340 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 13TH AVE)
LOT 5, BLK 4, ATLANTIC ROGER M. COFFEY $ 60.00
PARK GARDENS, DELRAY, 1502 N.W. 85TH STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC MIAMI, FL 33147-4340 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(SW 13TH AVE)
LOT 15, BLK 3, DELRAY MARIE PUPKE $ 60.00
SHORES, PB 24, P 233, 8266 SAWPIRE ROAD 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING)
BEACH COUNTY, FL
(646 ANGLER DR)
VIOLATION IS: SECTION 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 21-94
'.
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl'-1
SUBJECT: AGENDA ITEM :II: ~F - MEETING OF MARCH 8. 1994
RESOLUTION NO. 22-94
DATE: MARCH 4, 1994
This is a resolution requesting approval of abandonment of a
portion of Strickland Road, a portion of S.W. 8th Avenue, and the
entirety of S.W. 12th Street for The Groves of Delray. The
subject rights-of-way are located between Bessie Street and S.W.
11 th Street, and between S. W. 10th Avenue extended and S.W. 7th
Avenue. The abandonment of these rights-of-way is being
processed pursuant to LDR Section 2.4.6(N).
On January 12, 1994, the Site Plan Review and Appearance Board
approved the final site plan, landscape plan, and elevations for
The Groves. On February 28, 1994, the Planning and Zoning Board
certified the final plat as being consistent with the preliminary
plat.
The three sections of right-of-way in question are proposed for
inclusion within The Groves development. The area for The
Groves covers land on each side of these streets. In order to
, create one unified parcel, the area must be abandoned. In order
to replace and maintain the circulation pattern that currently
exists, the applicant will be dedicating replacement right-of-way
with the plat for The Groves.
With the original plat and abandonment petitions, the applicant
agreed to improve Strickland Road from S.W. 11th Street,
Strickland Road extended to S.W. 8th Avenue, and a portion of
S.W. 8th Avenue. Construction plans have been submitted for
those improvements.
The rights-of-way in question have been properly reviewed by all
appropriate City staff and utility providers. There has been no
objection to the abandonment of the streets.
Recommend approval of Resolution No. 22-94 subject to the follow-
ing conditions:
a. That The Groves provide the full right-of-way improvements
for Strickland Road, Strickland Road extended, and the S.W.
8th Avenue "loop".
b. That this abandonment shall not become effective and shall
not be recorded until the plat for the Groves is recorded.
'.
. . ~I)
ttr1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~
THRU: DIANE DOMINGUEZ,~
PRINCIPAL ' R
FROM:
SUBJECT: MEETING OF MARCH 8, 1994
ABANDONMENT OF RIGHT-OF-WAY **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a portion of Strickland
Road, a portion of S. W. 8th Avenue, and the entirety of
S. W. 12th Street. The subject rights-of-way are located
between Bessie Street and S.W. 11th Street, and between
S.W. 10th Avenue extended and S.W. 7th Avenue.
The abandonment of these rights-of-way is being processed
pursuant to LDR Section 2.4.6(N), Abandonment of
Rights-of-Way.
B A C K G R 0 U N D:
On December 20, 1993 the Planning and Zoning Board approved the
preliminary plat for The Groves of Delray, a 158 unit
multi-family residential development. On January 12, 1994 the
Site Plan Review and Appearance Board approved the final site
plan, landscape plan, and elevations for The Groves. On
February 28 , 1994 the Planning and Zoning Board certified the
final plat for The Groves as being consistent with the
preliminary plat, and transmitted a recommendation of approval
to the City Commission.
During review of the above referenced petitions the need to
abandon a portion of S.W. 8th Avenue, a portion of Strickland
Road, and the entirety of S.W. 12th Street was identified. The
three sections of right-of-way in question are proposed for
inclusion within The Groves development. As the area for The
Groves covers land on each side of these streets, the area must
be abandoned in order to create one unified parcel. In order to
replace and maintain the circulation pattern that currently
exists, the applicant will be dedicating replacement
right-of-way with the plat for The Groves.
'.
city Commission Documentation
Abandonment of Rights-of-Way - The Groves
Page 2
With the original plat and abandonment petitions, the applicant
agreed to improve Strickland Road from S.W. 11th Street,
Strickland Road extended to S. W. 8th Avenue, and a portion of
S.W. 8th Avenue. Construction plans have been submitted for
those improvements.
The rights-of-way in question have been properly reviewed by all
appropriate City staff and utility providers. There has been
no objection to the abandonment of the streets.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally considered the
abandonment of these rights-of-way at its meeting of December
20, 1993. The Board approved the abandonment, subject to the
following conditions:
1- That sufficient replacement right-of-way be provided
with the plat of The Groves of Delray to serve the
surrounding area; and
2. That this abandonment shall not become effective and
shall not be recorded until the plat for The Groves i~
recorded.
Sufficient replacement right-of-way has been provided on the
final plat for The Groves. The condition concerning recordation
will also be made with this action.
Concurrent with the plat submission, the applicant requested a
waiver from improving the full section of Strickland Road,
Strickland Road extended, and a portion of S.W. 8th Avenue.
During its consideration of the final plat, the Planning and
zoning Board recommended denial of the applicant's request. On
March l, 1994 the applicant submitted a letter withdrawing this
request.
R E COM MEN D E D ACT ION:
By motion, approve the abandonment . of a portion of Strickland
Road, a portion of S.W. 8th Avenue, and the entirety of S.W.
12th Street through the enactment of Resolution -94, subject
to the following condition:
* That The Groves provide the full right-of-way
improvements for Strickland Road, Strickland Road
extended, and the S.W. 8th Avenue "loop."
* That this abandonment shall not become effective and
shall not be recorded until the plat for The Groves is
recorded.
Attachment:
* Location Map & Reduced Survey
TIQRRWCC.DOC
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RESOLUTION NO. 22-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
A PART OF THE RIGHT-OF-WAY FOR STRICKLAND ROAD,
AND S.W. 12TH STREET, AS SHOWN ON THE PLAT OF
STRICKLAND SUBDIVISION, AS RECORDED IN PLAT BOOK
23, PAGE 173 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; AND THAT PART OF THE
RIGHT-OF-WAY FOR S.W. 8TH AVENUE AND DOUGLASS
AVENUE AS SHOWN ON THE PLAT OF PLAT 2 OF 2,
SOUTHRIDGE, AS RECORDED IN PLAT BOOK 13, PAGE 39
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, The Groves of Delray Ltd. , a Florida Limited
Partnership, is the fee-simple owner of Lot 7 through 10,
inclusive, Block 1; Lots 1 through 10, inclusive, Block 2; Lots
1 through 5, inclusive, Block 3; Strickland Subdivision, as per
plat thereof on file in the Office of the Clerk of Circuit Cou~t
in Plat Book 23, Page 173 , of the Public Records of Palm Beach
County, Florida, and, ,- .
WHEREAS, The Groves of Delray L td. , a Florida Limited
Partnership, is the fee-simple owner of Lots 23, 24, 25, 26, 27,
and 28, Block 5, Plat 2 of 2, Southridge Subdivision, 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 13, Page 39; said lands situated lying and being in
Palm Beach County, Florida, and,
WHEREAS, Roger Boos, Agent, has made application for the
abandonment of a portion of Strickland Road, a portion of S.W.
8th Avenue, and all of S.W. 12th Street located within the Plats
of Strickland Subdivision and Southridge Subdivision, and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said
rights-of-way,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate
and abandon all right and interest it holds to the following
real property:
'.
.
A PORTION OF STRICKLAND ROAD, A PORTION OF S.W.
8TH AVENUE, AND ALL OF S. W . 12TH STREET
Begin at the southeast corner of Lot 5, Block 3,
Strickland Subdivision; thence N.oo14'53"E.,
along the east line of said Lot 5, 97.33 feet to
the northeast corner of said Lot 5; thence
S.88023'29"W. , along the north line of Lots 1
through 5, inclusive, Block 3, 310.78 feet to the
northwest corner of Lot 1, Block 3; thence
N.0007'26"E., 40.02 feet to the southwest corner
of Lot 9, Block 2; thence N.88023'29"E., along
the south line of Lots 9 and 10, Block 2, 120.35
feet to the southeast corner of said Lot 10;
thence N.0007'26"E., along the east line of Lots
7, 8, and 10, Block 2, 200.l6 feet to the
northeast corner of said Lot 7; thence
N.88023'29"E., 40.02 feet to the northwest corner
of Lot 7, Block 1; thence S.0007'26"W., along the
west line of Lots 7 and 10, Block 1, 200.16 feet
to the southwest corner of said Lot 10; thence
N.88023'29"E., along the south line of Lots 9 and
10, Block 1, 150.50 feet to the southeast corner
of said Lot 9; thence N.0014'53"E., along the
east line of Lots 8 and 9, Block 1, 200.17 feet
to the northeast corner of said Lot 8; thence
N.88023'29"E., along the easterly extension of
the north line of said Lot 8, 25.01 feet to the
north-south quarter section line of Section 20,
Township 46 South, Range 43 East; thence
S.0014'53"W. , along said quarter section line
25.52 feet to the intersection with the westerly
extension of the north line of Lot 25, Block 5,
Plat 2 of 2, Southridge; thence N89018'56"E.,
20.90 feet to the northwest corner of said Lot
25; thence S.0026'28"W. , along the west line of
Lots 25, 26, 27, and 28, Block 5, 210.75 feet to
a point of curvature of a curve concave
northeasterly with a radius of 25.00 feet and a
central angle of 136012'35"; thence southerly,
and easterly, along the arc of said curve, 59.43
feet; thence S.44013'53"W., 117.74 feet to the
intersection with the easterly extension of the
south line of Lot 5, Block 3, Strickland
Subdivision; thence S. 88007' 40"W. , along said
extension, 6.42 feet to the said point of
beginning.
- 2 - Res. No. 22-94
.
Section 2.a. That the Groves provide the full
right-of-way improvements for Strickland
Road, Strickland Road extended, and the S.W.
8th Avenue "Loop"; and
b. That this resolution shall not become
effective and shall not be recorded until
the plat for the Groves is recorded.
PASSED AND ADOPTED in regular session on this the 8th day
of March, 1994.
MAYOR
ATTEST:
CITY CLERK
- 3 - Res. No. 22-94
'.
.
u
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'1
SUBJECT: AGENDA ITEM :II: 8"G - MEETING OF MARCH 8. 1994
RESOLUTION 23-94
DATE: MARCH 4, 1994
This is a resolution requesting approval of the abandonment of
one ( 1 ) public utility easement and two ( 2 ) Limited Access
Easements (LAE) pursuant to LDR Section 2.4.6(P), Abandonment of
Public Easements. The easements are within the Groves of Delray
located at the southeast corner of S.W. 11th Street and S.W. 10th
Avenue I extended between Linton Boulevard and S.W. lOth Street.
The Groves of Delray is a 158 unit multi-family residential
development. At their meeting on January 12, 1994, the Site Plan
Review and Appearance Board approved the final site plan,
landscape plan, and elevations for The Groves. On February 28
the Planning and Zoning Board certified the final plat for the
Groves as being consistent with the preliminary plat.
The three easements in question were dedicated along with the
plat for Linton Forest. As the Linton Forest development was not
constructed, the easements have not been utilized. Due to the
redevelopment of the site, the easements need to be abandoned.
Replacement easements required to accommodate utilities contained
within The Groves are being dedicated on the plat for The Groves.
Recommended approval of Resolution No. 23-94 to abandon one
utility easement and two limited access easements at the Groves
of Delray.
'.
.
- 01(
tW)
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~
~ 'tIJ
THRU: D E DONI G EZ, ~ ~
PRINCIPAL ER
FROM:
SUBJECT: MEETING OF MARCH 8, 1994
ABANDONMENT OF PUBLIC EASEMENTS **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of one (1) public utility
easement and two (2) Limi ted Access Easements (LAE) . The
easements are within The Groves of .Delray located at the
southeast corner of S.W. 11th Street and S.W. 10th Avenue,
extended between Linton Boulevard and S.W. 10th Street.
The abandonment of these easements is being processed
pursuant to LDR Section 2.4.6(P), Abandonment of Public
Easements.
B A C K G R 0 U N D:
On December 20, 1993 the Planning and Zoning Board approved the
preliminary plat for The Groves of Delray, a 158 unit
multi-family residential development. On January 12, 1994 the
Site Plan Review and Appearance Board approved the final site
plan, landscape plan, and elevations for The Groves. On
February 28, 1994 the Planning and Zoning Board certified the
final plat for The Groves as being consistent with the
preliminary plat, and transmi t ted a recommendation of approval
to the City Commission.
During review of the above referenced petitions the need to
abandon one ( 1) 10' utility easement and two (2) 5' limited
access easements were identified. The three easements in
question were dedicated along with the plat for Linton Forest.
As the Linton Forest development was not constructed, the
easements have not been utilized. Due to the redevelopment of
the site, the subject utility and limited access easements need
to be abandoned. Replacement easements required to accommodate
utilities contained within The Groves development are being
dedicated on the plat for The Groves.
"
.
- .
City Commission Documentation
Abandonment of Public Easements - The Groves
Page 2
The easements in question have been properly reviewed by all
appropriate City staff and utility providers. There has been
no objection to the abandonment of the easements.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and zoning Board consideration is not required for the
abandonment of public easements.
R E COM MEN D E D ACT ION:
By motion, approve the abandonment of one ( 1) utility easement
and two (2) limited access easements through the enactment of
Resolution 23-94.
Attachment:
* Location Map & Reduced Survey
orIGREACC.DOC
.,
.
. -
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RESOLUTION NO. 23-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN
(10) FOOT WIDE UTILITY EASEMENT LYING WITHIN TRACT B,
AS SHOWN ON THE PLAT OF LINTON FOREST PLAT 1 ,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
44, PAGES 177 AND 178, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND TWO FIVE (5) FOOT WIDE
LIMITED ACCESS EASEMENTS LYING WITHIN TRACTS A, C AND
E AS SHOWN ON THE PLA T OF LINTON FOREST PLAT 1 ,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
44, PAGES 177 AND 178, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, The Groves of Delray Ltd. , a Florida Limited
Partnership, is the fee-simple owner of Lots 7, 8, 9, 10, 11, 12, 1~,
14, 15, 16, 17, 18, 19, 20, 21 and 22, and Tracts A, B, C and E,
Linton Forest Plat 1, LESS that portion of Tract A described as
follows: Commencing at the southeast corner of Tract D, then west
along the south line of Tract D and Lots 1 through 6, inclusive, to
the west line of Lot 6 to the north line of Lot 16, then east along
the north line of Lots 16 through 13, inclusive, and Tract B to the
east line of said plat, then north along the east line of Tract A to
the point of beginning; 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 44, Pages 177 and 178; said lands
situate lying and being in Palm Beach County, Florida; and
WHEREAS, Roger Boo s , as duly authorized Agent, has made
application for the abandonment of a ten (10) foot utility easement
and two five (5) foot limited access easements located within the Plat
of Linton Forest; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said
utility and limited access easements. i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
.
~
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_.~. .. ._.... - - -- .-- ,- ---~~ -----~---_._-- ----_.__._--_.".,--~-_._._~_._---_._---.-----_._-,-.
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property:
TEN FOOT WIDE UTILITY EASEMENT
All of the ten (10) foot wide utility easement lying
within Tract B, as shown on the Plat of Linton Forest
Plat 1, according to the Plat thereof recorded in
Plat Book 44, Pages 177 and 178, of the Public
Records of Palm Beach County, Florida.
FIVE FOOT WIDE LIMITED ACCESS EASEMENTS
All of the five (5 ) foot wide limited access
easements lying within Tracts A, C and E as shown on
the Plat of Linton Forest Plat 1, according to the -
Plat thereof recorded in Plat Book 44, Pages 177 and .
178, of the Public Records of Palm Beach County,
Florida.
PASSED AND ADOPTED in regular session on this the 8th day of
March, 1994.
~~
" MAY~
ATTEST:
(2#1 ;)lrn'-f2l/' , Ju'Z[J !/fI't
ity Cle k
- 2 - Re s. No. 23-94
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rr-?
SUBJECT: AGENDA ITEM :It ?H - MEETING OF MARCH 8. 1994
FINAL PLAT/THE GROVES OF DELRAY
DATE: MARCH 4, 1994
This is before the Commission to approve final plat for The
Groves of Delray, located at the southeast corner of S.W. 11th
Street and S.W. 10th Avenue, extended between Linton Boulevard
and S.W. 10th Street. This final plat is being processed
pursuant to LDR Section 2.4.5(J), Major Subdivisions.
On December 20, 1993 the Planning and Zoning Board approved the
preliminary plat for The Groves. On January 12, 1994, the Site
Plan Review and Appearance Board approved the final site plan,
landscape plan, and elevations for The Groves.
On March 1 , 1994 the applicant submitted a letter stating their
intention to withdraw all requests for waivers and City financial
participation of improvements.
The deed restriction has been reviewed by the City Attorney's
office, and has been approved for legal form and sufficiency.
The deed must now be executed by all parties, including the City,
and recorded concurrently with the plat.
The remaining conditions relate to the applicant providing
financial guarantees for public improvements. A separate
guarantee will be required for S.W. lOth Avenue, as the City is
constructing this right-of-way.
Recommend approval of the final plat for The Groves of Delray
subject to the following conditions:
a. That prior to releasing the plat for recording, or 30 days
from the City's request (whichever comes first), a cash
deposit for The Groves' portion of constructing S.W. 10th
Avenue be submitted;
b. That prior to releasing the plat for recording, a financial
guarantee for all public improvements be submitted; and
c. That concurrent with the recording of the plat the owner is
to record a deed restriction limiting The Groves to an
elderly housing development.
'.
.
, ~
. Nv1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~
PRINCIPAL PLANNER
FROM: ~~
PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
THE GROVES OF DELRAY FINAL PLAT APPROVAL
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for The Groves of Delray. The
project is located at the southeast corner of s.w. llth
Street and s.w. 10th Avenue, extended between Linton
Boulevard and S.W. 10th Street.
This final plat is being processed pursuant to LOR Section
2.4.5(J), Major Subdivisions.
B A C K G R 0 U N D:
'On November 4, 1990 the City Commission denied a site plan
request from The Groves to create a low income housing
development. In October, 1991, a new site plan was submitted to
conform with the recently approved Land Development Regulations.
This new site plan proposed multi-family units designed for
senior citizen housing.
On February 12, 1992 a rezoning request for six lots located
within the Woods of Southridge Subdivision from R-1A (Single
Family) to RM (Multiple Family Residential) was approved in
order to combine these lots with the original land area of The
Groves. A basic site plan for the development was approved by
SPRAB (Site Plan Review and Appearance Board) on February 19,
1992. On February 25, 1992 the City Commission appealed SPRAB's
approval of The Groves basic site plan. On March 24, 1992 the
City Commission ratified SPRAB's decision and approved the basic
site plan for The Groves.
On December 20, 1993 the Planning and Zoning Board approved the
preliminary plat for The Groves. On January 12, 1994 SPRAB
approved the final site plan, landscape plan, and elevations for
The Groves. This final site plan addressed the conditions that
were set forth with the approval of the basic site plan in
March, 1992.
.
City Commission Documentaion
Final Plat - The Groves of Delray .
Page 2
Pursuant to conditions set forth by the preliminary plat
approval and Chapter 177 of the Florida Statutes, the applicant
submitted a final plat. The final plat has been reviewed by all
appropriate staff and the applicant has addressed all staff
comments.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of February 28, 1994. The Board recommended approval of
the final plat subject to the following conditions:
a. That prior to the final plat being scheduled for City
Commission action, the final plat's dedication
statement be revised per staff's comments;
b. That prior to the final plat being scheduled for City
,'. . Commission action, documentation from FPL indicating
the abandonment of their private easements be
submitted;
c. That prior to releasing the plat for recordation or 30
days from the City's request (whichever comes first) ,
a cash deposit for The Groves portion of construction
of s.w. 10th Avenue be submitted;
d. That prior to releasing the plat for recordation, a
financial guarantee for all public improvements be
submitted.
In addition, a previous condition of the preliminary plat which
requires that a deed restriction be recorded concurrently with
the plat that limits The Groves to a senior housing development
remains applicable to the final plat.
During its consideration of the plat, the Board recommended
denial of numerous requests from the applicant for waiver of
financial obligations.
ADDITIONAL INFORMATION:
On February 25, 1994 the applicant submitted a revised final
plat and a letter from FPL notifying the City of the abandonment
of their private easements. Therefore, comments which relate to
the FPL.easements (condition) have been addressed. In addition,
on March, 1, 1994 the applicant submitted a letter stating their
intention to withdraw all requests for waivers and City
financial participation of improvements.
,
City Commission Documentaion
Final Plat - The Groves of Delray
Page 3
The deed restriction has been reviewed by the City Attorney's
Office, and has been approved for legal form and sufficiency.
The deed must now be executed by all parties, including the
City, and recorded concurrently with the plat.
The remaining conditions relate to the applicant providing
financial guarantees for public improvements. A separate
guarantee will be required for S.W. 10th Avenue, as the City is
constructing this right-of-way.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for The Groves of Delray,
subject to the following conditions:
a. That prior to releasing the plat for recordation or 30
days from the City's request (whichever comes first) ,
a cash deposit for The Groves portion of constructing
s.w. 10th Avenue be submitted;
c. That prior to releasing the plat for recordation, a
financial guarantee for all public improvements be
submitted; and
d. That concurrent with the recordation of the plat the
owner is to record a deed restriction limiting The
Groves to an elderly housing development.
Attachment:
* Location Map, Applicant's Letter & Reduced Plat
TIGROVESCC.DOC
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R.C. BOOS, INe./FELNER CONSTRUCTION, INC.
A JOINT VENTURE
625 Auburn Circle West
Delray Beach, Florida 33444
(407) 496-2000
March 1, 1994
City of Delray Beach
Planning and Zoning
100 N. W. 1st Ave.
Delray Beach, Fl. 33444
Attn: Dianne Dominquez
.
Dear Ms. Dominquez
Please proceed to process the plat for final approval including
all improvement obligations.
We do not wish to request waivers of any improvements at this
time.
We are in the process of researching the credits due us for the
improvement of the intersection of 10th Ave. and Linton, and will
advise you as to the outcome.
Very truly yours,
~.a
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MAR 1 1994
PLANNING & ZONING
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM:II: g 1 - MEETING OF MARCH 8. 1994
BUDGET TRANSFER/POMPEY PARK LANDSCAPING
DATE: MARCH 4, 1994
This is before the Commission to approve a budget transfer in the
amount of $13,000 from Pompey Park Ballfield Lighting (Account
No. 225-4172-572-61.66) to Pompey Park Parking Lot - Landscaping
(Account No. 225-4172-572-61.76) for the minimum landscape
requirements at Pompey Park.
This plan includes some landscaping for the western parking area,
providing a hedge along N. W. 13th Avenue, shade trees in the
existing cutouts and around the corners of the parking lot, sod
within the islands with ground covers.
If this transfer is approved, the landscaping plan will go out
for formal bid.
Recommend approval of budget transfer in the amount of $13,000
from Pompey Ballfield Lighting (Account No. 225-4172-572-61.66)
to Pompey Park Landscaping (Account No. 225-4172-572-61.76)
'Kem008J -kom ConsEnc/- by me. 1?t:rncxxPH-
Qu.t&i.-ion es ~()O; ()Cj SOLLe(!E.. fo~ Add '/. I iJh./lnq
fW Pomp{;'1 hnnis fr.>~f;) ,-f nECE5slJeq.
A,pf:OVW .)- 0
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. ~ /5 (/~-I,,~,
[ITY DF DElRAY BEA[H ~~
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,7000
.......
AI A..aClty
, III r!
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Pompey Park Parking Lot Landscaping
DATE: February 22, 1994
Per your memorandum of December 17, 1993, attached are the plans and
estimates to install internal landscaping within the parking lot on the
west side of the recreation center at Pompey Park. I would prefer
contracting this out. However, funds wera not budgeted for this item
in this year's budget. Please advise how you wish to proceed.
V' ,. '\ C) (;,
\, :\) .i(/..;J ~
/'
Joe 'Weldon
D~rebtor of Parks and Recreation
\
Attachments
JW:cp
Ref:dhpkltls
THF EFr:nRT A I \fIlA YS M ATTr:R<::
.
.
M E M 0 RAN DUM
TO: JOE WELDON, DIRECTOR, PARKS & RECREATION ~
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~~
RE: MINIMUM LANDSCAPE REQUIREMENTS FOR POMPEY PARK
DATE: FEBRUARY 16, 1994
Attached herewith is a plan that addresses the minimum landscape
requirements for Pompey Park which will become effective March 1, 1994.
This plan includes some landscaping for the western parking area (where you
had previously requested landscaping). Specifically it provides for a hedge
to screen it from N.W. 13th Avenue and includes shade trees to plant within
the existing cutouts in the parking lot and around the corners of the
parking lot. If you want any additional landscaping such as the replacement
of the sod within the islands with ground covers, let me know and I will
provide you with such a plan.
The cost estimate for the plant materials and mulch, based on the work being
done by your crews is estimated at $6,500.00. If this work were to be
contracted it is estimated at $13,000.00 which would require a formal bid
procedure.
If you need any additional information, or would like me to meet on site to
go over the requirements, please let me know.
RECEIVED FEB 1 6 1994
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(}6'~orJ.
- ?_,.~~,\!,O ....'. '.~~.,'./
" cb$Jh ','
M E M 0 RAN DUM
To: Nancy Davila, City Horticulturist/ Special Projects Coordinator
From: Robert A. Kussner, Landscape Inspector
Re: POMPEY PARK - Nonconforming Landscape Deficiencies
Date: August 6, 1993
The following deficiencies exist:
Parking Lot (NW 10th Ave & 3rd St)- Perimeter landscape buffer for back-out parking
is missing, (trees & hedge).
Pool Building (NW 3rd St)- Foundation planting along north side of building is required.
Parking Lot (NW 10th Ave & 2nd St)- Missing hedge along perimeter landscape buffer
on the south and east sides of the parking lot.
Baseball Building and Recreation Building- Two (2) unscreened dumpsters need to be
screened.
Parking Lot (NW 13th Ave)- Trees, irrigation and a hedge are missing from the per-
imeter landscape buffer, adjacent to 13th Avenue.
Rights-of-Way (lOth Ave, 13th Ave & 3rd St)- Sod and irrigation is required in the
right-of-way, between the property line and the paved road.
Baseball Building- A foundation planting is missing along all sides of the baseball
building. The ground-level air conditioning units are unscreened.
.
LANDSCAPE PLAN
GENERAL LA~DSCAPE NOTES
(NUHBERS CORRESPOND TO NUHBERED LOCATIONS ON SITE PLAN)
1. EXISTING Du}~STER NEEDS TO BE KEPT IN THE AREA DESIGNED
fOR TII IS PURPOSE. GATES NEED TO BE ADDED TO THE FRONT OF
THE ENCLOSURE TO OBSCURE THE DUMPSTER. SUGGEST EITHER
CHAIN LINK WITH SLATS OR A ~IORE AESTHETIC TREATMENTS
WOULD BE WOOD REINFORCED I.IITH HETAL CROSS BARS.
2. PLANT 56. 3 - GALLON SIHPSON STOPPER ALONG THE STREET
SIDE OF THE 3 FOOT HIGH CHAINLlNK fENCE. TWO SEAGRAPE
TREES, 10' - 12' IN HEIGHT ARE REQUIRED ALONG THE WEST
SIDE OF THE ACCESS\~A Y.
3. SCREEN DU~~STER BY PRESS BOX IHTH EITHER CHAINLINK FENCE
WITH SLATS OR WOOD FENCE. l.lUST BE GATED. ENCLOSURE IS
TYPICALLY 10 X 10'.
4. REMOVE EXISTING HEEDS. REGRADE AND PROVIDE IRRIGATION
AND SOD IHTHIN RIGHT-OF-I,'AY OF N.W.13TH AVENUE.
APPROXI~llirELY 6,250 SQUARE FElT OF ST. AUGUSTINE SOD IS
NEEDED.
5. PROVIDE PERUIETER LANDSCAPING TO SCREEN PARKING LOT
VISIBLE FORl-I N.W. 13TH AVENUE. INSTALL 73. 3-GALLON
I~ALTER ' S VIBURNU~I OR WAX HYRTLE ALONG INSIDE OF THE
EXISTING CHAINLINK FENCE. INSTALL 9 MAHOGANY TREES 10'
- 12' IN HEIGHT IHTHIN LANDSCAPE ISLANDS.
6. PROVIDE SOD AND IRRIGATION WITHIN THE SWALE AREA OF N.W.
3RD STREET. REQUIRES RDIOVAL OF I,lEEDS AND REGRADING OF
SHALE, APPROXIHATELY 13.800 SQUARE FEET OF ST.
AUGUSTINE FLORATMI SOD IS NEEDED.
7. NEAR THE TENNIS COURTS AT THE CORNER OF N.W. 10TH AVENUE
AND N.\,. 3RD STREET. LA.'mSCAPE ISLANDS NEED TO BE
PROVIDED ON BOTH SIDES OF THE BACKOUT PARKING. ON TilE
WEST SIDE, 10, ]-GALLON SHIPSON STOPPER AND A PIGEON
PLUM TREE 10' - 12' IN HEIGllT ARE REQUIRED.
8. NEAR TENNIS COURTS. ON EAST SIDE OF' PARKING REMOVE
PARKING SPACE FARTHEST EAST (OR AT LEAST ENOUGH ASPHALT
TO PROVIDE A 5 FOOT PLANTING AREA, THE LENGTH OF THE
PARKING SPACE) AND PLA:;T 10. SIHPSON STOPPER AND I
PIGEON PLUH TREE. 10' - 12' IN HEIGHT.
9. SCREEN LIFT STATION IHTlI JJ. 3-GALLON \,lALTER' S VIBURNUI1.
REPLACE SOD AROUND THE LIFT STATION \,lITH ROUGHLY 2.500
SQUARE FEET OF ST, AUGUSTI~E SOD.
la, PROVIDE SOD & IRRIGATION \HTHIN RIGlIT-Of-HAY OF N.H.IOTlI
AVENUE. APPROXI~~TELY 2,300 S.F. OF SOD IS NEEDED.
11. PROVIDE ADDITIONAL lIEDGIl\G BETh'EEN SCAEVOLA TO SCREEN
PARKING AREA. RDIOVE 3 FOOT STRIP OF SOD AND PLANT 116.
]-GM,I.ON RED-TIPPED COCOPLUH, miLCH PLANTJ NG BED Io/ITII
TllREE INClIES OF HULClI,
.
City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: J. Safford, Finance Director
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
225-4172-572-61.66 Pompey-Ballfield Lightin" 13,000
225-4172-572-61.76 Landscape-Pompey Pkg Lot 13,000
(10) TOTAL 13,000 13 ,000
JUSTIFICATION: To provide funding for internal landscaping at the Pompey Park
parking lot to meet the minmum code requirements.
/ '\ ~ (\
De~t Heaa /' rc; . ~ J.L.n.)( Asst City Manager
Budget Officer ( J - \ \ \ City Manager
\./
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~1
SUBJECT: AGENDA ITEM :II: ~ Jr -MEETING OF MARCH 8. 1994
FINAL PAYMENT/DELRAY MARINE CONSTRUCTION COMPANY
DATE: MARCH 4, 1994
This is before the Commission to approve final payment in the
amount of $592.50 to Delray Marine Construction Company for
Lowson Boulevard Headwall construction.
This payment constitutes the final 5% retainage and will closeout
the project. The work is complete to the satisfaction of City
staff.
Recommend approval of final payment in the amount of $592.50 to
Delray Marine Construction Company, with funding from Stormwater
Utility Fund - Lowson Boulevard E-3 1/2 Canal (Account No.
448-5461-538-6221).
.
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Agenda Item No.:
AGENDA REOUEST
Date: March 1. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8. 1994
Description of item (who, what, where, how much) : Staff reauests Citv
Commission approve final payment to Delrav Marine Construction Companv for their
work on the Lowson Blvd. Headwall. Citv staff has reviewed the work and find it
complies with the plans and specifications. The amount of this final reauest is
S592.50. Fundina is available from Account #448-5461-538-62.21.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends final payment to Delrav Marine Construction
Companv in the amount of S592.50 for work on Lowson Blvd. Headwall Construction.
Department Head Signature: ~~L ,Id'\i
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: E rNO
. Funding alternatives (if applicable)
~~'t Account No. & Description LfCf-flSW (:.:s'ir'2-2-I ~~ r.L~n>j)-
;le,l' Account Balance <I S9...<--r!J ~ &.().. sf q.,....,~
city Manager Review:
Approved for agenda: @NO f17tU}
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG341301.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
city Manager
FROM: Ralph E. Hayden, p.E.\t2)d
city Engineer
DATE: March 1, 1994
SUBJECT: Agenda Request - Final Payment Request
Lowson Blvd. Headwall - Project #93-41
Staff requests City commission approve final payment to the
contract with Delray Marine Construction Co. for their work
at the Lowson Boulevard Headwall Project. The final payment
requests for $592.50 representing the 5% retainage held on
this project. The work is complete to the satisfaction of
City staff. Funding is available under account
#448-5461-538-62.21.
RH:JA:mm
attachment
cc: Howard Wight, Construction Manager
File: Project No. 93-41 (D)
RH341301.MRM
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DELRAV BOAT LIFTS
MARINE SEAWALLS
CONSTRUCTION CO. DECKING
P.O. BOX 1730 DELRAY BEACH, FL33447-1730 LICENSED . INSURED
Delray (407) 276-0353 W.P.B. (407) 845-1549 Facsimile (407) 272-1736
INVOICE #101918-3
CONTRACTED TO: AMOUNT DUE:
NAME: City of Delray Beach TOTAL: $11,850.00
ADDRESS: 434 S Swinton Avenue -----------------------
Delray Beach, FL 33444
PHONE: (407) 243-7326
CONTACT: Kevin Becotte. ACCOUNT: 44854615386221
DESCRIPTION AND SUMMARY
-r ._-_.,-. -....,."
,...~ r; ~''':
1) Lowson Blvd. Headwall.r,P.,O., #523454.............. .$11,850.00
--------
TOTAL DUE $11,850.00
February 10, 1994 Lell 1"0; _C ~~
, 'b~51.>o-l
() \.) /2 ) ,
CITY OF DELRA Y BEACH ~~~
ENVIRONMENTAL SERVICES DEPARTMENT
,\ ~
PAYMENT REVI~W ~~ ~ \\\~..~
~OVED ~~,
~L P",YMENT ~\.~
o NOT APPROVED FINAL PAY;"1ENT \~\~""
~\~~
P.O.#: <:.5" ;23 '15 f? \.~
BUDGET ACCT ....1"8 .6";'~/- 538 - 6;<. -'- ~
Iff'~ f. !. K~. .
By' '1- t{ ~ if
(SIGNATU E)
.
DATE'
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(~ '
f~,
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~J
SUBJECT: AGENDA ITEM :II: ? K - MEETING OF MARCH 8. 1994
FINAL PAYMENT/CH2M HILL
DATE: MARCH 4, 1994
This is before the Commission to approve final payment in the
amount of $1,853.89 to CH2M Hill for Wellfield Rehabilitation,
Abandonment, Flowmeter and Monitor Well Installation on selected
City production wells.
All work has been completed and accepted by City staff.
Recommend approval of the final payment in the amount of
$1,853.89, with funding from Water and Sewer Renewal and
Replacement Well Rehabilitation Fund (Account No. 442-5178-
536-6182) .
.
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Agenda Item No.:
AGENDA REOUEST
Date: March 1, 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8, 1994
Description of item (who, what, where, how much) : Staff reauests Citv
Commission approve final payment to the contract with CH2M Hill for their work
related to Wellfield Rehabilitation. Flowmeter and Monitor Well Installation in
he amount of Sl. 853.89 the work has been completed to the acceptance of the
Citv. Fundina is available from the Renewal and Replacement Fund Account
#442-5178-536-61.82.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of final payment to CH2M Hill in the
amount of Sl,853.89.
Department Head Signature: ~ ~{~ 3/ J/., 0/
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: ~O
Funding alternatives (if applicable)
. Account No. & Description 'I ~ '\//8 S5t: ,I ~L wUy,I2.~-::JJ~
~~'f- Account Balance Ii I; a S3./r, ~ u
~ity Manager Review:
Approved for agenda: @/NO tl'71
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG056301.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E.~
City Engineer
DATE: March 1, 1994
SUBJECT: Agenda Request - Final Payment Request
Wellfield Rehabilitation, Abandonment, Flowmeter
and Monitor Well Installation
Project No. 90-56
Staff requests City commission approve final payment to the
contract with CH2M Hill for their work related to the
Wellfield Rehabilitation/Abandonment, Flowmeter and Monitor
Well Installation on selected City production wells. All
work has been completed and reviewed by staff prior to this
request. The amount of this final payment request is for
$1,853.89 and funding is available from the Renewal and
Replacement Well Rehabilitation, Replacement Fund Account
#442-5178-536-61.82.
cc: Howard Wight, Construction Manager
File: Project No. 90-56 (D)
RH056301.MRM
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<!!> Engineers Southeast Florida Office
Planners 800 Fairway Drive, Suite 350
I Deerfield Beach, FL 33447-7837
f: Economists
Scientists 305426-4008
FAX 305 698-6070
Date:
CITY OF DELRA Y BEACH Project No,: 10/1 2/93
434 S. SWINTON A VENUE Client Ref, No,: SEF30787.FO
DELRA Y BEACH, FLORIDA 33444 Invoice No.: 3174
10-459
ATTN: MR. WILLIAM H. GREENWOOD, P.E.
DIRECTOR OF ENVIRONMENTAL SERVICES
I NVOttE
CITY OF DELRA Y BEACH
PROJECT NO. FY90-56
PURCHASE ORDER NO. 504624
SERVICE AUTHORIZATION NO.8
PROFESSIONAL SERVICES RELATED TO WELL FIELD REDEVELOPMENT AND
REHABILITATION AND MONITOR WELL INSTALLATION.
Period Ending 9/24/93
LABOR
CLASS EMPLOYEE NAME RATE HOURS AMOUNT
HY04 T S Sharp $84.30 15.0 $1,264.50
TI04 M J Furdock 56.85 1.0 56.85
TE01 N T Nguyen 38.26 0.5 19.13
TA02 M A Schilling 33.60 3.2 107.52
MC54 L D Dacres 34.50 0.4 13.80
RD52 J L Taylor 34.50 1.0 34.50
WP56 S E Taylor 34.50 0.6 20.70
WP59 L S Bowers 34.50 0.3 10.35
Subtotal Labor $1,527.35
EXPENSES
DESCRIPTION AMOUNT
Fleet Vehicle $28.00
Business Meals 11.50
Computer 159.92
Document Processing 9.98
Health & Safety Program 30.58
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City of Delray Beach
Page 2
10/12/93
SEF30787.FO
10-459
EXPENSES (continued)
DESCRIPTION AMOUNT
Auto Mileage $35.56
Communication Charge 51.00
Subtotal Expenses $326.54
TOTAL AMOUNT DUE THIS INVOICE $1,853.89
BILLING SUMMARY
Previous Invoices $89,556.11
This Invoice $1.853.89
Total Amount Invoiced $91,410.00
Work Authorization Budget $91,410.00
Remaining Budget $0.00
'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM :II: gL - MEETING OF MARCH 8. 1994
FINAL PAYMENT/T & P ENTERPRISES
DATE: MARCH 4, 1994
This is before the Commission to approve final payment in the
amount of $6,744.28 to T & P Enterprises for brick paver work at
the Tennis Center - Phase II site.
There are two areas in this project, with separate funding
sources. Area one is 1,470 square feet along Atlantic Avenue in
the amount of $4,086.60 from the Decade of Excellence - Phase I
Atlantic Avenue I95 to Swinton (Account No. 225-4141-572-6149).
Area two is 956 square feet for the balance of the project in the
amount of $2,657.68 from the General Construction Fund - Tennis
Stadium Phase II (Account No. 334-4145-572-63.42)
The work has been completed to the satisfaction of the architect
and of the City staff.
Recommend approval of final payment in the amount of $6,744.28 to
T & P Enterprises.
.
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~
Agenda Item No.:
AGENDA REQUEST
Date: Februarv 28. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8. 1994
Description of item (who, what, where, how much) : Staff reauests Citv
Commission approve final payment to T & P Enterprises for brick paver work at
the Delrav Beach Tennis Center - Phase II site. Work is broken down into two
areas with separate fundina sources. Area one is 1, 470 sa. ft. alona Atlantic
Avenue for a cost of 54,086.60 and is funded from Decade of Excellence. West
Atlantic Avenue k~'-&L~r:,",CLLlvd Account #225-4141-572-61.49. Area two is the
balance of the site consistina of 956 sa. ft. for a cost of 52.657.68. Total
combined cost for this work is 56.744.28. Fundina is available as indicated
above.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of final payment to T & P Enterprises
in the amount of 56.744.289.
Department Head Signature, ~j;f'~A 3/' I t:t I.f
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternatives (if applicabl~)
( ~ Account No. & DescriPtion~'t;! $)2-(,./ y...q ])ce;!;tfI--.A..Tl./f7'ITIC ~ - .
~ Account Balance :/I 7 z.s. 'f-b .s -fl) .sw/~ rV
'" . . 3)\1. 'H Y.S- S?2 {.3 t{.2. C;e-J ~~ rv~ 0 --
c~ty Manager Rev~ew: 11 ~ PII-[t'
bZ 29/ T~J1Is. Iv""'"
Approved for agenda' ~/NO ~
Hold Until: i
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG342T&P.MRM
'.
.
J
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E.~ 7ZJJI
City Engineer
DATE: February 28, 1994
SUBJECT: Agenda Request
Delray Beach Tennis Center - Phase II
Final Payment - T & P Enterprises
Project No. 93-42
T & P Enterprises accomplished the installation of the brick
pavers along Atlantic Avenue, as well as through out the
site. The following is a breakdown of the areas of work and
their funding source.
a) 1,470 S.F. along Atlantic Avenue x 2.78/SF = $4,086.60,
funding source - Decade of Excellence, West Atlantic
Bcatl~ifiGa~ion Account #225-4141-572-61.49.
b) 956 SF for the balance of the project x 2.78/SF -
$2,657.68, funding source - General Construction Fund,
Tennis Center Account #334-4145-572-63.42.
This work totals $6,744.28 and is $755.72 below our original
budget of $7,500.00 based on a unit price of $2.78 per
square foot. The work has been completed to the
satisfaction of the architect and the City. staff requests
City commission approve final payment to T & P Enterprises,
Inc. in the amount of $6,744.28.
RH:JA:mm
attachment
cc: Jose Aguila, Asst. Construction Manager
File: Project No. 93-42 (D)
RH342T&P.MRM
'.
.
-
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To: 434 9CXJ'1'H SWIIf.Df AVE.
D!':LImY BE'AaI, PIA. 3S444
"
PO N\r1i)er Tems Project
Due on reopt city of delray
Quantity Description Rate I\moun.t
2,426 PAVING BRICK NALIGfAY AT Tl!MfIS a!Nl'IR 2.78 6,744.28
!
.
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'1'Ol'AL I 6,744.28
BAroAN<"!IP. tI'~! t:. '7AA ?A
'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM it 8"1'1 - MEETING OF MARCH 8. 1994
FINAL PAYMENT/TROPIC AWNING
DATE: MARCH 4, 1994
This is before the Commission to approve final payment in the
amount of $6,200 to Tropical Awning for canopies erected at the
Tennis Center - Phase II.
Tropical Awning provided and installed the canvas awning along
the new courts. The work has been completed and accepted by the
architect and by City staff.
Recommend approval of the final payment in the amount of $6,200
to Tropical Awning, with funding from General Construction Fund,
Tennis Center (Account No. 334-4145-572-63.42).
.
.
Agenda Item No.:
AGENDA REOUEST
Date: February 28. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8, 1994
Description of item (who, what, where, how much) : Staff reauests City
Commission approve final payment to Tropical Awnina for canopies at the Delray
Beach Tennis Center - Phase II in the amount of S6.200.00. Work is complete and
acceptable to the architect and City staff. Fundina is available from the
General Construction Fund. Tennis Center Account #334-4145-572-63.42.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends final payment to Tropical Awnina in the amount
of S6.200.00
Department Head signature:~ ~AA 3} II,~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternatives (if applicable)
~c.-,.ccount No. & Description a~jL 'l-1'f-S,S'7~ ,.3 '(-1 ~C'!!h... ~-
~iAccount Balance ~ IoZ-J 2 ~ I ,oS PH t:r
City Manager Review:
Approved for agenda: @/NO nv1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG342T&P.MRM
'.
.
. .
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E.~
City Engineer
DATE: February 28, 1994
SUBJECT: Agenda Request
Delray Beach Tennis Center - Phase II
Final Payment - Tropical Awning
project No. 93-42
Tropical Awning of Delray Beach provided and installed the
canvas awning along the new courts at the Tennis Center,
Phase II. The work has been completed and accepted by the
architect and City staff. Staff requests City commission
approve final payment to Tropical Awning for the canvas
canopies in the amount of $6,200.00. This was the budgeted
amount. Funding is available from the General Construction
Fund, Tennis Center Account #334-4145-572-63.42.
RH:JA:mm
attachment
cc: Jose Aguila, Asst. Construction Manager
File: Project No. 93-42 CD)
RH342TRO.MRM
.
.
__n____"___ ENGlNEEJUNG 'DEfiART:.~rrJT-
~ FEB 2 3 1994 /3 -/f;2. :J, r
221 ~.E". ~rc.t Avenue Delray Beach, FlorIda 33444
Tropical (407) 276.7132
Awning Anything In Canvas
~ Toke Downs. Storage. Repairs. CanoPies. Patio Awnings
Date Feb 22. 19~
Name ~iry or nelr~y ~~~~h / Rn,,; ronmental Services
.
Address 434 S. Swinton Ave.
Delray Beach, Fl
Phone PURCHASE ORDER #525l27
DESCRIPTION AMOUNT
Tennis Center Awnin s $6,200 00
--------
.r\ .,<t E~ ;::~:l\.('::
.,.-...., .~.~
~
TAX
(PR\N1)
OAiE:.. --" .-'
..---..
Estimates are for labor and material. We will not be responsible for loss. or damage caused by fire. theft. testing or any other
causes beyond our control.
TERM~ ARE NET CASH
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f'i'/1
SUBJECT: AGENDA ITEM :II: t:t/Y - MEETING OF MARCH 8. 1994
FINAL PAYMENT/DIGBY BRIDGES. MARSH & ASSOCIATES
DATE: MARCH 4, 1994
This is before the Commission to approve final payment in the
amount of $7,752 to Digby Bridges, Marsh & Associates, for
construction administration services at the Tennis Center -
Phase II.
Recommend approval of the final payment in the amount of $7,752,
with funding from the General Construction Fund, Tennis Center
Phase II (Account No. 334-4145-572-63.42).
'.
.
Agenda Item No.:
AGENDA REQUEST
Date: Februarv 28. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8. 1994
Description of item (who, what, where, how much) : Staff reauests Citv
Commission approve final payment to Diabv Bridaes, Marsh & Associates. P.A. for
construction administration services at the Delrav Beach Tennis Center - Phase
II in the amount of 57,752.00.
Fundina is available in the General Construction Fund. Tennis Center Account
#334-4145-572-63.42
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of final payment to D iabv Bridqes.
Marsh and Associates in the amount of 57.752.00.
Department Head Signature'~~ 3 J 11 ~L{
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: ES NO
Funding alternatives (if applicable)
~ r Account No. & DeSCriptionf?'I- 'i-I'fS 72. "'51-7- ~~C1]<I~_
~ '1 Account Balance If t;Z.,2 ~
City Manager Review:
Approved for agenda: €9/NO t1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
'.
O~PAnTM~NT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
city Manager
FROM: Ralph E. Hayden, P.E.~
city Engineer
DATE: February 28, 1994
SUBJECT: Agenda Request
Delray Beach Tennis Center - Phase II
Final Payment - Digby Bridges
Project No. 93-42
The construction of Phase II for the Tennis Center is
essentially complete. The architect, Digby Bridges has
worked diligently to ensure that all trades complete their
work in time for the tournament scheduled to begin on
February 28, 1994. This request is for final payment to the
architect for construction administration services in the
amount of $7,752.00. Staff recommends approval of final
payment. Funding is available in the General Construction
Fund, Tennis Center Account #334-4145-572-63.42.
RH:JA:mm
attachment
cc: Jose Aguila, Asst. Construction Manager
File: Project No. 93-42 (D)
RH342DIG.MRM
.
. .
DIGBY BRIDGES,
MARSH & ASSOCIATES, P.A.
CHARTERED ARCHITECTS . PLANNERS . INTERIOR DESIGNERS
February 15, 1994
Invoice Number 5
! F' p~roi~t??p~1'~O:, it ',.," r~:: :.; I
i::~.~/p~>".'~'~:~!,r.;.':!:'~:'-,'.."::.;: ..:. :~',~ . ,. ". . '.: :,,'. I
CITY OF DELRAY BEACH i 8""....",.,.,....",....:1.-0',,\,. ~,,\(.,./'..,i.,:~!d I
A1TN: VICTOR MANTENYI (JfiJ1. pr "''''rr "'Y'C"
100 NW 1ST A VENUE ,. ".,. .L ". ....
DELRAY BEACH FL 33444 . '~0:"i:':;.'. 'C ;-~!., .,:i."'. r.~.':I,F:;'rr
, Id t !...) I ,\, ',';!,-J ,'Eo.'
Project: DELRAY BEACH TENNIS CENTER - PHASE!IJ:.o.;\':__________._~d-~Z8B____
For: Phase II Construction BUi.;'~\Er^CC;fJ'; '33 ~- '{I'IS: 51:2 - ~3.~
-...-------
Project #93-42; Contract $39,800 l:'y=-_____________,_ --
(EjIGNATlJnn
Professional Services January 1, 1994 through January 31 1994- -_.
(pHlm)
FEE DATE:.- .. e9..
........---...'..._-_.._._---~_.__.._---
Phase Fee % Complete Fee Earned
Design Development 6,970.00 100.00 6,970.00
Constr. Docs. 17,920.00 100.00 17,920.00
Bid/Negotiation 1,990.00 100.00 1,990.00
Constr. Admin. 12,920.00 100.00 12,920.00
TOTAL FEES 39,800.00 TOTAL EARNED 39,800.00
PREVIOUS FEE BILLING 32.048.00
CURRENT FEE BILLING 7,752.00
TOTAL THIS INVOICE 7,752.00
BILLINGS TO DATE
CURRENT PRIOR TOTAL
Fee 6,460.00 32,048.00 38,508.00
Expenses 432.25 432.25
Totals 6,460.00 32,480.25 38,940.25
124 N,E. Fifth Avenue, Defray Beach, Florida 33483
407/278-1388 Palm Beach: 736.5866 Fax: 407/278-7841
DCB NAROOOB7.\R MM NAROOO'XI.\O DRMA NAAt:OOORIX,
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER &1
SUBJECT: AGENDA ITEM :II: ~ 0 - MEETING OF MARCH 8. 1994
CHANGE ORDER NO. 2 AND FINAL PAYMENT/BIG "D" PAVING
COMPANY. INC.
DATE: MARCH 4, 1994
This is before the Commission to consider approval of Change
Order No. 2 in the amount of $3,205 and final payment (which
includes Change Order) in the amount of $17,532 to Big "D" Paving
Company, Inc. , for work at the Tennis Center Phase II.
Change Order No. 2 is for additional paving and grading work
associated with the project. The contractor has completed all
work to the satisfaction of the contract requirements and of City
staff.
Funding source is from General Construction Fund - Tennis Center
Phase II (Account No. 334-4145-572-6342).
Recommend approval of Change Order No. 2 and Final Payment in the
amount of $17,532 to Big "D" Paving Company, Inc.
.
Agenda Item No.:
AGENDA REOUEST
Date: March 1. 1994
Request to be placed on:
--A-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8. 1991
Description of item (who, what, where, how much) : Staff reauests Citv
Commission aODroval for Chanae Order #2 - Final and Final Payment to Bia "0"
pavina ComDanv. Inc. for their work at the Delrav Beach Tennis Center. Phase II.
Chanae Order #2 is for additional Davina and aradina work associated with the
Droiect. The cost for Chanae Order #2 is S3,205.00 reDresentina an 11.32%
increase in the scope of services. Final payment is for S17.532.00. The
contractor has comDleted all of his work to the satisfaction of his contract
reauirements and Citv staff. Fundina is available under the General
Construction Fund. Tennis Center Account #334-4145-572-63.42.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aDProval of Chanae Order #2 for S3.20S.00 and
final payment for S17.532.00 to Bia "D" pavina Co.. Inc.
Department Head Signature'~ I~L 3/i/CJ1
.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~ed on all items involving expenditure of funds):
Funding available: ES 0
Funding alternatives (if applicable) ~
~ Account No. & DescriPtiOn?/"I-1..f.t "'-C;;. ~2.. ~5 'f'Z. ~~r!;:.C.~cN -
~ ~'tAccount Balance l' b~,2...: 'f\J IL
City Manager Review:
Approved for agenda: @NO trr1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
city Manager
FROM: Ralph R. Hayden, P.E~
City Engineer
DATE: February 28, 1994
SUBJECT: DELRAY BEACH TENNIS CENTER, PHASE II
ADDITION SERVICES - BID "0" PAVING CO., INC.
Attached is an agenda request for City commission approval
of Change Order #2 to the contract with Big "0" paving, Co.
Inc. in the amount of $3,205.00 and final payment in the
amount of $17,532.00.
At the request of the City, the sidewalk along N.W. 1st
Avenue was changed from a flush concrete walk to a raised
concrete walk. This was done to prevent cars from
tncroaching into the sidewalk area. This change required
additional sub-base preparation, fill, grading and
compaction. In addition, there was an area of proposed
landscape along the street, which currently has a power pole
and guy wire anchor, which eventually will allow for
additional parallel parking. The deletion of this landscape
area required additional base rock, compaction and paving
work.
The work has been completed to the satisfaction of the City
and thus we request approval of change order #2 and final
payment to Bid "D" Paving Co. in the amount of $17,532.00.
Funding is available from the General Construction Fund,
Tennis Center Account #334-4145-572-63.42.
RH:JA:mm
attachment
cc: Jose Aguila, Asst. Construction Manager
File: project No. 93-42 CD)
Memos to City Manager
RHBIGD.MRM
.
,
ADDITIONAL WORK AUTHORIZATION
BIG "D" PAVING COMPANY, INC.
6619 WALLIS ROAD
WEST PALM BEACH, FLORIDA 33413-1637
(407) 697-2443
OWNER'S City of Delray Beach PHONIll07 -243-7327 28, 1994
NAME
STR86 JOB N~E J't ~U~BER 3220
1 NW 1st Avenue elray Beach
CITY STREET
Delray Beach FL 33444 30 NW 1st Avenue
EXISTING CONTRACT NO. DA TE OF EXISTING CONTRACT CITY STATE
93-42 9302 12/01/93 Delray Beach FL
You are hereby authorized to perform the fOllowing ~eCifiCallY described additional work: O~ S I t:€W~ K.. - q ~O~
Al>btTIOkJA,L PAV/kJ(;. ;tl-ON & I ~T. f A.sfltA-L.\" etPr\Ii.. W\1e.I{ SUl?B~.sc i'~EP. poQ. S/t>€NI.LK A-LotJ6 1\.J~. g€Twt;e/J .sl"A~lu"", ~17t.T It NeW 00
fl?JJJJl's ~:r. t1-u>~('. ((it ~€>r~/Pe it"'!> O:>1Jc..eETE' I1-pp~oAu.t - Ilif~-
C eA D IIJC:, Df EXTR.A fiLL 'OIJ S (I>fCN~L. e AL~ N b I ~ AvE:.. 1.2. C.2tAt>b
(!..H-A: b bE t? ID b \' A-&ov6 EXISTltJG,- ,+.sfH4Li.
~ S'5' ~
I 5 LT=- A-DD I no IJA-l.. TYPE"" .D Cul21S K7 o~ 5 2 S 0"
~ .:2 05 o~
ADDITIONAL CHARGE FOR ABOVE WORK IS: $ 3:205.00
Upon completion of contracted work.
Payment will be made as follows:
Above additional work to be performed under same conditions as specified in original contract unless otherwise stipulated,
Date 19_ Authorizing Signature
(OWNER SIGNS HERE)
We hereby agree to u complete in accordance with the above specifications, at above stated price,
Authorized Signature (CONTRACTOR SIGNS HERE) Date 19
THIS IS CHANGE ORDER tlO. 2-
NOTE: This Revision becomes plrt ot. and In conformance with, the existing contract ~
.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 Final PROJECT NO. 93-42 DATE: Februarv 28. 1994
PROJECT TITLE: Delrav Beach Tennis Center - Phase II
TO CONTRACTOR: Bia "D" pavina Companv. 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:
Field changes due to the raising of the concrete walk along N.W 1st Avenue and other work
not in original scope of services as authorized by the City.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 28,315.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY OROERED $ 1,302.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 29,617.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 3,205.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 32,822.00
PER CENT INCREASE THIS CHANGE ORDER 11.32\
TOTAL PER CENT INCREASE TO DATE 15.91\
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 0 CALENDAR DAYS TO
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate, that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
B SIGNATURE OF CONSULTING ARCHITECT DIGBY BRIDGES
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-4145-572-63.42
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA by its City commission
RECOMMEND: By:
Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
.
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.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m1
SUBJECT: AGENDA ITEM :II: F::P - MEETING OF MARCH 8. 1994
SERVICE AUTHORIZATION NO. 8/CURRIE SCHNEIDER
ASSOCIATES. AIA
DATE: MARCH 4, 1994
This is before the Commission to consider approval of Service
Authorization No. 8 in the amount no to exceed $6,500 to the
contract with Currie Schneider Associates for consulting services
associated with the Veterans Park Phase II project.
For a fixed fee of $2,500 the consultant will review, update and
submit for permit the Phase II plans. Secondly , the consultant
will be available on an "as needed" basis for services during the
bidding and construction period. An additional fee not to exceed
$4,000 shall be allocated to cover the architect's availability
throughout the project. These fees shall be billed based on the
hourly rates specified in the project's original contract dated
March 1, 1991. The total request for this Service Authorization
is $6,500. Funding is available from the Decade of Excellence -
Phase II Fund - Redevelop Veterans Park (Account No.
228-4126-572-61.63).
Recommend approval of Service Authorization No. 8 with Currie
Schneider Associates for consulting services for Veterans Park
Phase II project in an amount not to exceed $6,500.00.
,
Agenda Item No.:
AGENDA REOUEST
Date: February 28. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8. 1994
Description of item (who, what, where, how much) : Staff reauests City
Commission approve Service Authorization #8 to Robert G. Currie and Associates.
Inc. for limited consultina services associated with Veteran's Park - Phase II,
proiect No. 94-57. The consultant's involvement is twofold: first for a fixed
fee of 52,500.00, the consultant will review. update, and submit for permit the
Phase II plans. Secondly, the consultant will be available on an as needed
basis for consultina services durina the biddina and construction period. At an
hourly fee not to exceed 54.000.00 the total reauest for this Service
Authorization is 56,500.00. Fundina is available from the Decade of Excellence
- Phase II Fund. Veterans' Park - Phase II Account #228-4126-572-61.69.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization #8 to Currie
and Associates for Phase II - Veteran's Park for 56,500.00
Department Head Signature: ~L ~1 / /0, tf
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~ired on all items involving expenditure of funds):
Funding available: E ~NO
~ Funding alternatives (if applicable) ~
~ Account No. & Descltion Z~ 'f/2b S'/Z-b/6.S' poe:-~ ~
-;) 'b)~ \l...- Account Balance '1-'1;.1. 9.~ 7./ ~
City Manager Review:
Approved for agenda: @/NO rl
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG457301.MRM
.
,
ROBERT G. CURRIE & ASSOCIATES, INC.
(formerly Currie Schneider Associates AlA PA)
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: March 1, 1994
SERVICE AUTHORIZATION NO. ~ FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 22i'- q./'Z.f. - S1 2.-t-J." '>
PROJECT NO. 94-57 (CITY) 90573.08 Robert G. Currie
& Associates, Inc.
TITLE: Architectural Services for Veteran's Park Phase II
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract, dated March
1, 1991, between the City of Delray Beach and Currie Schneider
Associates AlA PA (now recognized as Robert G. Currie &
Associates, Inc.) .
1. PROJECT DESCRIPTION
Preparation of drawing and specification revisions for the second
phase of Veteran's Park located off of Atlantic Avenue and the
Intracoastal Waterway in Delray Beach, Florida.
II. SCOPE OF SERVICES
Preparation of minor drawing and specification revisions for the
park and to provide the final signed and sealed documents for the
construction of Phase II. In addition, Robert G. Currie &
Associates shall remain available throughout the duration of the
project to field questions on an as needed basis.
III. BUDGET
Compensation for these basic services shall be a fixed fee of Two
Thousand Five Hundred Dollars ($2,500.00) . An additional fee not
to exceed Four Thousand Dollars ($4,000.00) shall be allocated to
cover the architect's availability throughout the project as
required to answer questions, etc.... These fees shall be billed
based on the hourly rates specified in the project's original
contract dated March 1, 1991.
IV. COMPLETION DATE
The basic services outlined within shall be accomplished not
later than March 22, 1994.
'.
.
,
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the
services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole
discretion is unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate
the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization
approved by the City to be included as part of the contract
without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: Robert G. Currie &
Associates, Inc.
DATE: . I
DATE~J lqq"'r
I.......
BY: ~
Thomas E. Lynch Rob rt G. currie: AlA
Mayor (Print or Type)
Title:
/'
Attest: The foregoing instrument was
acknowledged before me this
~ day O~994
by dMr
Approved as to Legal (name of officer or agent,
Sufficiency and Form title of offJge~gent),~~
, of ~, t. em
(nam of corporatic;m, '~
acknowledging), a ~
(state or place of
incorporation) corporation,
on behalf of the corporation.
He/She is (personally known
to me.) (or has produced
identification) ~N~
(type of identification) (as
identification) and (didfdid
n?t)_ ,~~_ke ~ a~oatp)! ~
~-y~~
Signature of erson Taking
ACknowle~am.e~.~;tE;Vl;.'I.1 ..Ne.l.lbo,. th
. N.l'>t~r~ SJA IT OF 1\ Ol:':/D/"
. . P":n;hc .~ly SOfllrn bp 7/19/84
Name of Acknowle yped,
Printed or Stamped
.
"- \
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E.~
City Engineer
DATE: March 1, 1994
SUBJECT: Veteran's Park - Phase II
Service Authorization #11
Attached is Service Authorization #8 to Robert G. Currie and
Associates, Inc. (Formerly currie, Schneider and
Associates, AlA, P.A.) for limited services associated with
Phase #11 of Veteran's Park. The consultant will make minor
revisions to the plans and specifications as requested by
the City and sign and seal for permit for a lump sum fee of
$2,500.00. Additionally, the consultant has agreed to be
available, on an as needed basis, for their contracted
hourly fee not to exceed $4,000.00. Total funds requested
for this service authorization is $6,500.00. The City will
coordinate the construction and dealings with the general
contractor, so it is anticipated that the consultant will be
called on a limited basis. Attached is our anticipated
schedule indicating the following dates:
March 8 - March 18 Revisions to plans
March 22, 1994 Advertise for bids
March/April, 1994 Permit review
April 12, 1994 Award of bid by Commission
May 15, 1994 Begin construction
It is anticipated that the duration of construction will be
three to four months. Funding for this service
authorization is available from the Decade of Excellence,
Phase II Fund, Veteran's Park - Phase II, Account
#228-4126-572-61.63.
RH:JA:mm
attachment
cc: Jose Aguila, Asst. Construction Manager
File: project No. 94-57 (D)
RH457301.MRM
'.
.
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i/(
~fJt'1
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 2, 1994
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ray Ellison vs. Chris Ellison, Roy Badour, Auto Save,
Inc., and the City of Delray Beach
Case No. CL 92-12533 AD
In May of 1993, you authorized Jeffrey Kurtz to handle the case
of Ellison and Auto Save vs. Bollen, Hightower and Myers, Case
No. CL 92-9787 AI. We have recently been served with a Summons
for the above-stated case (Case No. CL 92-12533 AD) which
contains in it, a count against the City for selective
enforcement of its Codes.
The original case, assigned to Jeff Kurtz, alleged due process
violations arising out of a forfeiture. All the allegations
concern the Auto Save property. This new case alleges abuse of
process against the City. The recent case also contains counts
alleging improper activities among the shareholders. This
information derived from the lawsuit could assist us in our
original case.
In order to prevent fragmentation of representation in this
matter, our office requests that Jeffrey Kurtz handle this
latest case which arises out of the same transaction and
occurrence.
By copy of this memorandum to David Harden, our office requests
that appointment of outside counsel be placed on the City
Commi on March 8, 1994 consent agenda.
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
<6 (Q
'.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERb~l
SUBJECT: AGENDA ITEM i frR - MEETING OF MARCH 8. 1994
GRANT APPLICATION/EMERGENCY MANAGEMENT PREPAREDNESS AND
ASSISTANCE TRUST FUND
DATE: MARCH 4, 1994
This item is before the commission to consider application to the
Florida Department of Community Affairs for a grant from the
Emergency Management Preparedness and Assistance Trust Fund.
This is a $50,000 non-matching, municipal competitive grant which
would be used to purchase and install communications equipment in
the Emergency Operations Center located in the Fire Department
Headquarters facility.
While no match is required, this is a reimbursement type grant.
Up front monies will be taken from the Special Projects Fund
(Account No. 115-0000-248-9600).
Recommend approval of application for the $50,000 grant.
.
.
[IT' DF DELRA' BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
.
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: FEBRUARY 25, 1994
SUBJECT: AGENDA REQUEST ITEM FOR MARCH 8TH COMMISSION
MEETING
The 1993 Florida legislature reaffirmed the necessity of
being prepared for, and ready to respond to natural, man-made
and technological disasters. They have established the
Emergency management, Preparedness and Assistance Trust Fund.
In this first year of funding we wish to make application for a
$50,000 non-matching grant to purchase and install
communications equipment in the Emergency Operations Center
located in the new Fire Department Headquarters facility.
If funding is approved we would be able to purchase and
install communications equipment including additional radio
systems, another CareNet line, a weather tracking station as
well as additional computers and FAX machines.
This project would also allow our EOC to serve as a
secondary site for the Palm Beach County Division of Emergency
Management. Mr. B.T. Kennedy, Director of Emergency Management,
has reviewed our application and has supplied a letter of
endorsement which we will submit with our application materials.
The deadline for submission is March 18, 1994. We would
like to request City Commission approval to submit this
application at their March 8, 1994 meeting.
t~ IS. 'Ir--- .:-
Kerry . Koen
Fire Chief
KBK/tw
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
407/243,7400 - FAX 407/ 265-4660
'.
.
Agenda Item No.:
AGERDA REQUEST
Date: February 28. 1994
Request to be placed on:
X Regular Agenda (Consent)
Special Agenda --
Workshop Agenda When: March 8. 1994
Description of item (who, what, where, how much): Request City Conunission
approval to submit an application to the Florida Department of Community Affairs
9G-19 Florida Administrative Code for a munici al com etitive rant
in the amount of $50.000. These funds will be used to purchase and insta conununications
equipment in the Emergencv Operations Center located in the new Fire Headquarters.
These funds require no match from the City.
(Example: ". Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Beach
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: y~'\S.\- --
City Attorney Review/ Recommendation (if applicable):
...
.
,"
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO 01
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
,
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ATTACHMENT 1 - TITLE PAGE
APPLICATION CATEGORY:
This is an application for a competitive grant or loan pursuant to Chapter 9G-18. Florida
Administrative Code. The application is submitted for consideration in the following
category (choose only one):
- A project that will promote public education on disaster preparedness and
recovery issues.
- A project that will enhance coordination of relief efforts of statewide private
sector organizations.
- A project that will improve the training and operations capabilities of agencies
assigned lead or support responsibilities in the state comprehensive emergency
management plan.
A project that will otherwise further state and local emergency management
objectives.
X This is an application for a municipal competitive grant pursuant to Chapter 9G-19. Florida
Administrative Code.
APPLICANT INFORMATION:
Name of Organization: City of Delray Beach
Address of Organization: 100 N.W. 1 Avenue
Delray Beach, FI. 33444
Name of Chief Elected Official: Thomas Lynch, Mayor
Name of Chief Administrative Officer: Davin Harnen, City Mana~er
Name of Applicant Contact: John Tomaszewski
Title of Applicant Contact: Assistant Fire Chief
Telephone Number of Applicant Contact: (407) 243-7400
AUTHORIZED SIGNATURE:
Signature:
Title:
Date:
.
Table of Contents Page
Organizational Profile i
Application Questions
A. Consistency with the Comprehensive State
Emergency Management Plan and applicable
county and municipal emergency management
plans. 1
B. Promotion of inter jurisdictional cooperation
and coordination. 3
C. Project feasibility and ability to proceed. 4
D. Project match. 5
E. Project similarity. 6
F. Project benefits. 7
G. Demonstrated state or local emergency
management need. S
H. Project budget. 9
1. Location within a jurisdiction included
within a presidential disaster declaration
within the 24 months prior to the notice
of fund availability. 10
J. Impacted by environmental clean-up
initiative. 11
Appendix A
Appendix B
.
A. Consistency with the Comprehensive state Emergency
Management Plan and applicable county and municipal
emergency management plans.
A.l. This proposed project is consistent with the
Comprehensive state Emergency Management Plan in the
Following areas:
Section 252.38 ( 6) (c) , Emergency Management Powers of
Political Subdivisions, of the Florida Statutes, states that
each political subdivision shall have the power and
authority to establish one or more emergency operating
centers to provide continuity of government and direction
and control of emergency operations.
According to the Basic Plan portion of the
Comprehensive State Emergency Management Plan, under Section
VI Responsibilities, (B) Local (Municipal and County), local
governments will be prepared to direct and control local
response to a majority of emergencies.
Additionally, Annex B-VI Search and Rescue, IV Tasks,
(A) Local Government, indicates that local governments will
designate primary and alternate operations centers from
which Search and Rescue activities will be conducted.
A.2. There is a county emergency management plan
applicable to the proposed project.
The Basic Plan portion of the Palm Beach County
Peacetime Emergency Plan, Section VII Responsibilities, (B)
Municipalities, urges the municipal governments within the
County to develop contingency plans for emergencies and
disasters. The Palm Beach County Division of Emergency
Management would disseminate important data and information
from the County Emergency Operations Center to our municipal
Emergency Operations Center. The pr imary goal of this
proposed project is to upgrade communications capabilities
between these two facilities. A secondary goal is to
improve our local capability of providing information to the
citizens of the City of Delray Beach.
1
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A. 3. The City of Delray Beach Emergency Operations
Guide provides for the activation of a municipal Emergency
Operations Center during a major emergency. The stated
purpose of the Emergency Operations Center is to provide a
location to control and coordinate the City's government
functions and resources.
The communications link between the Palm Beach County
Division of Emergency Management and the City of Delray
Beach is through the City's Emergency Operations Center.
The City of Delray Beach has recently relocated the
Emergency Operations Center and this proposed project would
upgrade the communications between the County and City
governments.
On February 2, 1994, a letter describing the proposed
project was sent to Mr. Bennett T. Kennedy, Jr. , Director,
Palm Beach County Division of Emergency Management. This
letter requested that a consistency determination be
provided by the Palm Beach County Division of Emergency
Management. The requested documentation was received on
February 10, 1994, and is included as Appendix A, of this
application.
2
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,
B. Promotion of inter jurisdictional cooperation and
coordination.
B.lo This proposed project will increase communication
capabilities between the city of Delray Beach and Palm Beach
County before, dur ing , and after an emergency incident.
Depending on the location of the incident, the
equipment obtained and installed from this grant would be
offered to the County Division of Emergency Management as a
secondary emergency operating center.
B.2. This project has the potential to affect more than
one jurisdiction. The communications equipment'identified
in the project will immediately be used to improve emergency
communications between the City of Delray Beach and Palm
Beach County. In the future, additional equipment that
would improve communications with other neighboring
municipalities could be funded and installed. The City of
Delray Beach currently has mutual aid agreements for
emergency services with the Cities of Boca Raton, Boynton
Beach, Deerfield Beach, and Lake Worth, as well as Palm
Beach County. The funding provided by this grant would
allow planned communication improvements with these
jurisdictions to proceed at an accelerated pace.
3
.
,
C. Project feasibility and ability to proceed.
C .1. This project would be started immediately upon
acceptance and receipt of the grant. Construction of the
Emergency Operations Center in the new Central Fire Station
has already been completed and a Certificate of Occupancy
was issued on January 24, 1994. The City of Delray Beach
Fire Department would manage and coordinate the purchasing
and installation of the equipment funded by the grant under
the direction of Assistant Fire Chief John Tomaszewski. A
copy of Chief Tomaszewski's resume is included as Appendix
B, of this application package. Preliminary cost estimates
for most of the equipment to be purchased have already been
solicited from possible vendors.
C.2. The Fire Department has been the lead agency for
emergency preparedness in the City of Delray Beach for over
ten years. As previously stated, the construction of the
Emergency Operations Center at the new Central Fire Station
has already been completed. This Emergency Operations
Center is a 1,250 square foot facility that is equipped with
emergency power supplied by a built in electrical generator.
Over forty (40) telephone lines have been installed and
terminate in this area. There are also twelve (12) cable
television and computer network outlet connections within
the facility. A separate area has been dedicated for a
R.A.C.E.S. radio operator within the center and two ham
radios, a packet radio/computer interface unit and a
computer are being installed.
4
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D. Project Match.
D.l. The City of Delray Beach has funded the
construction of the new Emergency Operations Center as a
part of the construction of a new Central Fire Station. The
approximate cost for the design and construction of the
Emergency Operations Center was $75,000.00, and the City
considers this amount as our match to the grant requested.
This figure was obtained by taking the entire cost ($1. 6
million) for the construction of the new Fire Station and
dividing that figure by the square footage (27,000 sq. ft.)
of the total facility. The result obtained ($60.00/sq. ft.)
was then multiplied by the square footage (1,250 sq. ft.) of
the Emergency Operations Center. There are also restroom
facilities, sleeping accommodations and a complete kitchen
available for the personnel assigned to work in the
Emergency Operations Center during an emergency incident.
D.2. No other funds have been applied for or received
for this proposed project at this point.
5
.
E. Project Similarity.
E .1. The City of Delray Beach is not currently aware of
any similar projects. The proposed project will provide
enhanced capabilities at the City's primary Emergency
Operations Center. This facility has also been offered to
the Palm Beach County Division of Emergency Management as a
secondary Emergency Operations Center for their Emergency
Management Program.
E.2. No other applications have been submitted for the
funding of this project at this point.
6
.
,
F. Project Benefits.
F .l. This project will provide enhanced communication
capabilities between the City of Delray Beach and Palm Beach
County during an emergency. It will also assist in the
provision of up to date information to the citizens of the
City.
As a result of the lessons learned in Dade County in
the aftermath of Hurricane Andrew, the City of Delray Beach
has come to realize that information management and
communications are critically important after an emergency
event.
The majority of the funding requested will be used to
install permanent back-up emergency radios, an antenna,
telephones, a NOAA Weather Wire (satellite) Service, and
additional computer equipment in the City's new Emergency
Operations Center. The installation of this equipment will
help to alleviate a lack of coordination between the City of
Delray Beach and Palm Beach County.
F.2. This proposed project is intended to provide
immediate benefits upon completion.
7
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,
G. Demonstrated state or local emergency management need.
G.1. This proposed project will enhance the capability
of the Local Emergency Operations Center to perform the
basic functions of coordination, policy making, operations
management, information gathering and record keeping, and
public information. All of the upgrades proposed are
dedicated to these functions.
The additional communications equipment will allow
better coordination between municipal and county government.
The weather station, computers and communications equipment
will increase operations management, information gathering
and record keeping capabilities. The telephone system
upgrade will provide a contact point for the citizens of the
Ci ty, where they can get accurate information before,
during, and after an emergency event.
S
.
.
H. Project Budget
H.l. The budget of this proposed project is entirely
dedicated to capital costs, with the exception of a
financial audit. All personnel costs and administrative
expenses associated with the project will be provided by the
City of Delray Beach.
The proposed equipment to be purchased with the project
budget includes:
Telephones (40 @ $30.00 each) $ 1,200.00
Headsets for phones (20 @ $40.00 each) 800.00
Radio/repeater station w/tone alert 28,500.00
Transmission line installation 1,000.00
Radio antenna base and tower 7,500.00
Weather station satellite 4,000.00
Computer equipment 5,500.00
Financial Audit +2,500.00
Total $50,000.00
The City of Delray Beach will assume all maintenance
costs for the long term benefit and upkeep for the equipment
funded by this grant. As previously stated, the City has
already invested over $75,000 in the design and construction
of the Emergency Operations Center.
H.2. Preliminary cost estimates for the proposed
equipment have already been obtained. Some adjustments may
be necessary, but the scope and potential effect of the
project will not change. Any cost overruns exceeding the
amount requested will be born by the City of Delray Beach.
9
.
I. Location within a jurisdiction included within a
presidential disaster declaration within the 24 months prior
to the notice of fund availability.
1.1. This proposed project does not benefit a
jurisdiction included within a presidential disaster
declaration within 24 months of the date of publication of
the notice of fund availability.
1. 2. Same as above.
10
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.
J. Impacted by environmental clean-up initiative.
J.1. The City of Delray Beach has been adversely
affected by an environmental clean-up initiative conducted
by the state Department of Environmental Protection.
The City of Delray Beach has spent more than $3 million
cleaning up the mess left by the Aero-Dri Corporation whose
workers dumped about 6,000 gallons of carcinogenic waste
over a seven-year period in the 1980s. The dumping resulted
in the pollution of six of the City's 30 drinking water
wells.
Courts have said Aero-Dri owes $8.7 million in damages,
but the City has yet to collect any part of the judgment.
11
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
PROM: CITY MANAGER rr1
SUBJECT: AGENDA ITEM It ~ S - MEETING OF MARCH 8. 1994
SPECIAL EVENTS PERMIT/ATLANTIC HIGH SCHOOL
DATE: MARCH 4, 1994
This is before the Commission to approve a request from the
Atlantic High School's "Project Graduation" committee to hold a
carnival in the northeast corner of Builder's Square parking lot
on Linton Boulevard (1400 Waterford Place), from April 6-10,
1994. This request is pursuant to LDR Section 2.4.6(H).
Off duty police will be hired for security, Porta-Johns and
dumpsters will be on site. Insurance will be provided for the
City, for Builder's Square, and for the School Board of Palm
Beach County by the carnival company, Great Southern Amusements.
The Committee is requesting that all City permit fees be waived
for this fundraising event; however, staff will document the
participation in the fundraiser and, if eligible, the 70 percent
waiver to permit fees will be granted.
Recommend approval of the request from Atlantic High School
"Project Graduation" committee to hold a carnival April 6-10,
1994, with the condition that off-duty police be hired to provide
security during the event.
.
,
. Agenda I tem No..
.
. AGENDA IlEQoes~
Date: 3/2/94
Request to be placed on:'
X . Regular Agenda Special Agenda Workshop Aqenda
When. 3/8/94
Description of agenda item (who, what, where, how much).
Request to Hold Carnival at Builder's Square Parking Lot
April 6-10, 1994 (1400 Waterford Place)
ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: A~provi'l]
,
,,1 .
{1~:--/ .~ "-~... .
Department Head Signature: ~
v .
Determination of Consistency with Comprehensive Planl
.
Ci ty Attorney Reviewl Recommenda tion (if applicable).
Budget Director Review (required on all itea, involving expenditure
of funds):
Funding available. YESI NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
-
City Manager Review:
Approved for agenda: C3' / NO tttjJ
Hold Until:
Agenda Coordinator Review:
Received: .
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: REQUEST TO HOLD CARNIVAL/BUILDERS SQUARE PARKING LOT
APRIL 6-10, 1994
DATE: MARCH 2, 1994
ITEM BEFORE THE COMMISSION:
Consideration of a request from the Atlantic High School's
PROJECT GRADUATION committee to hold a carnival in the northeast
corner of Builder's Square parking lot on Linton Blvd (1400
Waterford Place) from April 6th through the 10th, 1994. Great
Southern Amusements 1S the company providing the serV1ce. This
action is before the Commission pursuant to Section 2.4.6 (H) of
the LDR's.
BACKGROUND:
The PROJECT GRADUATION request is submitted by Ms. Susan Boylan,
the Chairman for the project. Written authorization from the
property owner of Builder's Square is attached along with a site
plan indicating the location of the carnival and associated
parking. Proposed hours of operation are:
Wednesday and Thursday: 5:00PM to 11:00PM
Friday: 4:00PM to 12:00AM
Saturday: 1:00PM to l2:00AM
Sunday: 1:00PM to 11:00PM
The organization has requested a waiver to any fees required,
since it 1S a fund-raising event for Atlantic High School. Staff
will document the participation 1n the fundraiser and if
eligible, the 70% waiver to permit fees will be granted, pursuant
to City Commission policy.
The required investigation of the applicants business reputation,
permits and approved inspections from the health department and
normal building requirements will be met. We would also requ1re
the hiring of off-duty police as mandated by the Police
Department for security.
RECOMMENDATION:
Staff is recommending positive consideration of PROJECT
GRADUATION'S request along with the requirement to hire off-duty
police for security as directed by staff.
LB:DQ
Attachments
Carnival.CC
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. ATL~NTIC HIGH SCHOOL TEL:1-407-243-1532 Feb 17,94 15:07 No.OOS P.02
February 1 (j, 1994
Cily of Delray Beach
.
.Ii
To Whom It Ma.y Conccm:
A carnival to benefit Atlanti t
April 6-10 on the Builderlll Square p
.~
The hours will be a~ fnllows:
Wednesday ami TImnday , - 1
Friday 4 P.M. - 12 A.M.
Saturday 1 P.M. - 12 A.M.
Sunday 1 P.M. -11 P.M.
1. orr-duty city police will be hired for !eel
2. Porta-Johns wlJl be on site
3. A dumpster will be on site
4. All rides will be npprovtd by state and '0(;
S. There will be no tents
6. All food concessions will he jllspel;l~d by me ije t
7. Clean-up will be continuolls ' ~.
8. Insurance will be provided for the City of Delra: s Square, lUll! the
Schoo) Board or PMlm Beach County by the y, which is Great
Southern Amusements. ,
9. The CArnival wm furnish all their own electriCIty.
We are Also asking tba.t aU city permit fees be waived for this fUJI(lntising event.
For further infonnation, contact Mr. Ron Bowen, Ft. Lallderdale Jaycees at (305) 791-0202.
R~!llpet-1fully submitted.
-h--. ~'"-' ~
Susan Boylan. Proj Graduation Cha,.;rmm
4093 Palo Verde
Boynton Benoh, FL 3)4.16
Phone: (407)734-5765
. -""'_' _f..-"-.:..._.,"",o .~'.'_
.
~
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE :i"i \ \\' '\ " '<' L. .. ~-."ELE_-\Y 13E.:\CH. E:LOP-IDA 33~~4
F.-\ C ~) I :\ 1 j L L .~ ,- : -" - --: - ,:;: :- wr~~_r'. D~r_c~ L~n_
(407) 243-7090
MEMORANDUM
Date: March 2, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: License Agreement for Use of Software for Alarm
Retransmission
As indicated in the attached memorandum, Commission approval is
requested for the attached Agreement for alarm monitoring
software. Please call if you have any questions.
DNT:ci
-----.
Attachment
cc David Harden, City Manager
Mike Cato, Delray Beach Fire Department .
Sharon Morgan, Executive Assistant, City Clerk
~T
.
.
[ITY DF DELRAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: DAVID TOLCES, ASSISTANT CITY ATTORNEY
I _
THRU: KERttY B. KOEN, FIRE CHIEF ~/
FROM: MICHAEL D. CATO, DIVISION CHIEF
DATE: FEBRUARY 2/1, 1994
SUBJECT: COMMISSION ACTION ON LICENSE AGREEMENTHlH ; ,~.;.
SOFTWARE FOR ALARM RETRANSMISSION
Attached are three copies of documents for Commis::-oion
action to execute an agreement for use of computer connection
between Security Systems, Inc. , an alarm monitoring company 1n
Boca Raton, to the Police/Fire Communication Center. The purpose
of the conn~ion is to retransmit alarms in place of the present
method whi~- is by two way telephone ring down circuit. If
approved by City Commission, a signature is required on all three
documents: on the third page of the "Receiving Terminal License
Agreement", on the "Memorandum to Municipal Resp~nse Managemen-t
Corp. (MRMC) ; and on the back of the "Terminal Installation
Confirmation Agreement".
The alarm monitoring company will cover any cost of the
installation and software.
;/}fl / l'~
. /. '/ / : - "
/7l!:?J r
ichael D. Cato
Division Chief
MDCjckc
c, ;> L ;c ,-'" ~ :'!T HE,."\DOl',u RTf: P ~. 101 V)!CST ,u,TLANT!C A VENUE.. nr:! R A,V r~ F= A(,H F [n R IDA ??44.,
.
rkvi~ed B()(j/"U ~:;J\tHA 1
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RECEIVING TERMINAL LICENSE AGREEMENT
(FOR POUCE, FIRE, PSAP OR oniCfl DISPATCH AGENCY)
UC(Jnse No:
Product: SA-NT A- (TM) AlARM RECEMNG TERMiNAl
A.. WHEREAS, tho SAN.T A Alarm Notification lk'{:<;iving T orrn;naJ (R<>ceMng T olTTlinaJ). including haJ<1waIe,
software and tiHl accompanying u~ documentation are the property oj tho Municipal Rcspons.e Managemerrt Corporalion, (MRMC) ,
an IlIinolo corporation and.. wholty-<:>Wn<>d subsidia.ry oj tilO c"nuaJ Station Alarm Association (CSA.A); located at 7101 Wisconsin
f\Venue, Suite 13'JO, 8ethes.da, Ma.ryland 20814; and,
Ll. WHEREAS, the wftwaIe Is pwtected by one or l11,Ae U.S. patents, intelloctuo.l property laws, and interrwtionul
troati"s, find its use is also govorned by tiHl tOlms of this Uconso f,gr.}."n..,,,t: and
C. WHEREAS, tho undor&lgncd Is a fwcoNiflg 1 (jrrnil\ul Agoncy (Uc<JnS<Xl), that dosllOS .. licons.) t,) uso CI')
SA.N.T A. Sy,;t"rn find MRMC dosiros io grarrt such a liconse to tile Licon~"o.
NOW lHEREFORE, the parties horeto agrO<) for thD nlul,,,d vJflsideralion conUlinod herein:
1. UCENSEE INfORMA nON
The Licensee is as follows'
Licensee r,arne: Cit\' 01 De 1 r a y_!3~';'L,-l; -- --~~---
t,d,jr O$S: 100 N.\\'. 1 A \' e n u c~
city [StatelZip: Delray Beach, FL 3 J '1"H
Terminal location Address: 300 W. Atlantic Avp, Dpl r::J;? Be6lch 33444
'-,
~~
Installation Due Date:
Contact Name &. TrtJe: Michael D. Cato, Division (;hipf I
Telephone Number: (407) 243-7420 I
Fax Number: 24:1-74(11
CAD System Vendor &. System Type: A. L. Roark
CAD System Vendor Contact Name &. Phone Number: Jim Bird (800) 766-5888
2. RIGHTS GRANTED TO UCENSEE
MRMC grants the Ucen~e the right to use the SAN.T.A Receiving Terminal software (Receiving Software) using a computer terminal.
printer and other hardware provided to Ucensee by MRMC the combination of which is hereafter referred to as Receiving Terminal
(Receiving TerminaQ. The Receiving Software is considered 'in use' when any portion of the Receiving Software is loade<i irrto the
memory or virtual memory of the Receiving T ermina!. Ucensee may not install the Receiving Software on a compute' networ\( or use
it on more than one computer or terminal at the same time. licensee may make one copy of the Receiving Soltware and user
documentation for a,chival or backup purposes. Ucensee may install the Receiving Software on the hard disk of a second computer
for backup use, provided that it is primarity used only on the Receiving Terminal, and never in use on two computers at anyone time.
Ucensee may copy portions 01 the user documentation in its own employee instruction, training, and operating manuals tor Licensee',;
use onty, provided that no such materials are distributed, released or disclosed to anyone outside Ucensee's organization. MGMC
reselVes all rights not expressly granted to Licensee under this Agrc",ment
F:\AOM\LOS"\Mf<MO.sAHTA 1 'OI7ISJ 22'"...; 1
.
Rcvi$cd U!~t;;:;:.l SJ\NT/\ 1
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3. OllUGA llem:. OF LICENSEE
Ucensee aglees 10 provide, 01 no cost to MRMC, the following: (6) computer printer paper, (b) printer ribbon or other printer f>upplios,
(c) a telephone line for each agreed upon modem at the Receiving Terminal, (d) electrical outlets to plovide uninterrupted el~u'ical
power in the evellt 01 an interruption in power, if desired, (e) space for the Receiving T orminal equipment. and (f) access to Ucons~'s
facility and the Receiving Terminal by MRMC's Installation and Mainlenance Organization ("IM01 at reasonable times and whenever
service for tho Receiving Terminal is to be provided, (f) best effort to influonce monitoring facilities with customers within licensccs
jurisdiction to utilize the Receiving Terminal.
4. RESTRICTIONS
The receiving hardware and software are owned by MRMC or it's suppliers and arc protected by copyright, patent and trade &eClet
laws and international troaty provisions. ~~ may not ront, lease, loan or transfer the Receiving Terminal or the Receiving
Software to anyone elso in any manner whatsoever. Uccnsee may not reverse enginccr, decompile, or disassemblo the Receiving
Software.
5. SAKT.A SOF1WARE IDENTIFICATION CODES
MRMC shall assign an Identification and an access code to Ucensee for the Receiving Software and, pursuant to the authorization
to be provided by the Ucensee. shall provide 6ak1 codes to participating Monitoring Facilities. ~see will receive event notifications
(alarm dispatches, updates, cancels, etc.) Irom any Monitoring Facility to whicl1 Ucensoo has granted acceGS authorization. MRMC
shall also 6Ssign an identification ("101 code to each Monitoring Fecility and provide such 10 codes for U~n~ 's ~iving Termine!.
MRMC will provide 10 code updates and modifications to the Receiving T erminaJ during the term of this Agreement
6. LIMITED WARRANTY
MRMC's sole wallenty under this Agreement is limited to maintaining the Receiving System in reasonable operational ordel, but only
on tho condition that: (6) Ucen~ notifies MRMC of any detected detoct or failuro, and/or (b) participating monitoring organizations
notify MRMC of any problems detected during a send event or a test message. MRMC has no means to regularly test the Receiving
Terminal and thus relies exclusively on notioe from Uceosee or third parties utilizing the Receiving TerminaL H Ucensec requcsts,
MRMC will provide Uconsee with the SAN.T.A Receiving System BridgoSpecifications 60 that Ucensee or Ucensco's automation
vendor may interlace the Receiving System with Ucensee's Computer Aided Dispatch (CAD) system via a standard RS232 port.
EXCEPT AS EXPRESSLY PROVIDED ABOVE. THE RECEN1NG TERMINAl. SOFlWARE AND ASSOCIATED USER DOCUMENT A TlON
ARE FURNISHED BY MRMC AND ACCEPTED BY UCENSEE 'AS IS,' WITHOlIT Am WARRANlY WHATSOEVER. ALL OTHER
WARRAN1lES, EXPRE~R..lMPUED, INCLUDiNG Am WARRANTIES OF MERCHANTABILITY OR FrTNESS FOR ANY PAR1lCULAR
PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISClAIMED. MRMC DOES NOT WARRANT THAT THE RECEIviNG SOFlWARE
OR THE ASSOCIATED USER DOCUMENTATION WILL MEET THE UCENSEE'S PAR1lCULAR REQl.j{REMENTS, THAT THE
OPERAllON OF THE RECEMNG SYSTEM WlLL BE UNINTERRUPTED OR ERROR FREE, OR THAT6ALl FAILURES OF THE
RECEIVING SYSTEM TO PERFORM IN ACCORDANCE WITH THE ACCOMPt,NYING USER DOCUMENTA TI N WilL BE CORRECTED'
7. LIMITATION OF LIABILITY
MRMC's liability under this Agreement shall be limited, and Licens,'c's exclusive remedies lor breach 01 the warranty contained in
Paragraph 6, above, shall be: (6) That MRMC will endeavor to correct, within {\ reasonable time, any reported failure of the Receiving
System to perlorm substantially in accordance with MRMC's accompanying user documentation and to correct errors in the user
documentation to be provided by MRMC, or (b) in the event that MRMC shall fail or be unable, lor any reason, to make such
correction or replacement. Ucense<3 may request MRMC to remove its Receiving Terminal from Ucensee's facility. EXCEPT AS
EXPRESSLY PROVIDED ABOVE. UCENSEE ASSUMES AlL RISK AS TO THE QUAUTY AND PERFORMANCE OF THE RECEMNG
SYSTEM. IN NO EVENT WILL MRMC BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS
INTERRUPllON, OR OTHER SPECIAl, INCIDENTAL OR CONSEQUENTIAl DAMAGES ARISING OUT OF OR RELAllNG TO THE
RECEMNG SYSTEM OR Am OTHER PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY MRMC OR THE USE OR
INABILITY TO USE THE SAME, EVEN IF MRMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
F :\ADM\LO<S\MRMC\SANT A. t '017/93 2:25 2
h
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Revised 8126193 SANTA 1
8. TERM
This agreement chall h~ a term of one year and automaticalty fOllOW ttwreo.tter for one year terms. MRMC or Ucensoe may
terminate this agrooment by giving ninety (90) days notice at any time.
9. SEVERABtUTY
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of
this Agreement co oonstrue<l is MId by a ooort of competent jurisdictiOfl to be Invalid, Illegal or otherwise unenforceable, liuch
provisiOfl shall be deemed severed from this AgrEHlment, and all other provisiOfls shall remain in full force and effect
10. GOVERNING LAW
, ~~e ~oq;id~.
ThIS Agreement chall be governed by the laws of the United States of America and the iO<<i enue Of the
enforcement of this Agreement ,hall bellii!1Xs:lP~~K&~~ai~~~iX.~~~M:
taciCjHqC.BiJI~~~~~..,~~~flj~~Qia\d(j~~~ In
Palm Beach Count~ Florida.
11. u.s. GOVERNMENT R STRICTED RIGHTS
The Receiving Software and accompanying user documentation are provided with Restricted Rights. Use, duplication or disclosure
by the Government Is 5ubJe<:t to r~ as ~ lorth in subparagraph (c) (1) (tQ in The Rights in T ecnnlcaJ Data and Computer
Software Clause at DFARS 2S2;LZl/T013, or cubparagrl4lhs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights
at 48 CFA 52,227.19, as applicable. Contractor/manufacturer Is Municipal Response Management Corporation (MRMC) ot the add reGS
indicated below.
----....
FOf Receiving Terminal Agency (Ucensee):
Accepted by: Title:
(Please print name)
Date: 199:1-
Signature
for MRMC:
Accepted by: Title:
(Please print name)
Date: 199 -
Signature
F:\ADMIl..O<SWAMC\SANT....t 10f1193 2Zl 3
Revised 8/26/93 SANTA 28
MEMOP.ANOUM
TO: MUNICIPAL RESPONSE MANAGEMENT CORPORATION (MRMq
c/o CENTRAL STATION ALARM ASSOCIATION (CSAA)
7101 Wisconsin Avenue, Suite 1390
Bethesda, MO 20814-W05
FROM: POUCE/FIREJPSAP AUTHORITY
SUBJECT: TERMINAL ACCESS AlfTHORIZATION
(pOUCE OR FIRE OEPT AUTHORIZATION TO CONNECT FORM)
Please accept this memorandum as your authorization to permit the following monitoring facility to access a Receiving T ermina! at
our lacility. We undarstand that the authority named below will be trained in the correct operation 01 the SAN.T.A. system before
using the system.
Alarm MonhorinQ r ociil~,': Security S \' ~ t ('lll:-: , I 1](' .
Streot!AJdrc$~ . 170() N.W. .') '\\'f-'IlUC
CityfStatelZip: Boca f{a.ton, FL :-;J432
Telephone: (:107 I 392-0012
POUCE/FIRE/PSAP AUTHORITY
Name: '---- City of Delray Beach
---
-
Street Address: 300 West Atlantic Avenue
City/StatelZip: Delrav Beach, FL 33444
.
Approved By:
(Please Print)
Title:
Signature:
Date: ,199 4
If agency contact person is other than the person above:
Contact name: Michael D. Cato
(Please Print)
Title: Division Chief, Fire Department
(Please Print)
This document is hereby incorporated into the Monitoring Organization Master Agreement #
Received for MRMC Date: 199
-
(Initials;.
;:-:\AOM\.LOtSj..4.RMC'St-1...-::-,t._"2~ ~{':','~:-;~ :'__:2"_
.
Rovisod 5/26/93 SANTA 38
TERMINAL INSTALLATION CONFIRMATION
(RECEIVING TERMINAL AGENCY COMPLETION CERTIFICATE)
THE UNDERSIGNED RECEIVING TERMINAL AGENCY HEREBY ACKNOWLEDGES THAT A RECEIVING TERMINAL HAS oee"
INSTALLED AT ITS FAC1UTY, AND CONFIRMS THAT THE SYSTEM IS OPERATIONAL HAS BEEN FUU.Y DEMONSTRATED, AND
RECEIVING TERMINAL AGENCY HAS RECEIVED COPIES OF THE TERMINAL OPERATIONS MANUAL THE RECEMr,C;
TERMINAL AGENCY UNDERST ANOS THAT IT WILL PROVIDE PRINTER RIBBONS, CARTRIDGES, AND PAPER FOR THE RECEIVlr,c;
TERMINH AT ns OWN EXPENSE IN ACCORDANCE WITH ITS RECEIVING TERMINAL LICENSE AGREEMENT.
1 he F\(lc("vmg 1 (lIminal Agency is providing ~ lelephone line(s) which aro dedicaled to the oporation of tho Receiving T elm;n,,1
1 !h: !,_::,--o.phf.)(h'? nunlbcr(s), including orca code, is/arc:
II ] . ( , .''; C 11 1 l'llla down circuit number 80-PLNC-3651
--_.~---- h
----_._.~_.
j 11'." 1-1C(:t:::VI:]( ;,-r ;:: C<'f'.:]('c:e.:J :": 1ht' t~,,:'cei\'ii,'__; ll?rrnllll1! Agency'~ CAD ~y~!en1, or other equipment as indic-oh.:d b(~k,'"",
.'
:1 ''t't':. (..:-!r',;'lc>_. f,\':,: c..:~,.:,~
Equipll~cr;: hh: c: .'. a1 e;~c.lil"_""Qr..:: hI and nilnie, o)odel. VCfS10I";. ctc: IBM - AS-400/A.L. Roark
Tho Receiving Terminal Agency 1$ providing conneclion to a UPS system. -L YES - NO
. .--~
The lo<:atlcn of tr,,=, e~!l.:'c-nt i5 (please be specific)
Feci]rr.,.. Num'~: City of Delray Beach Police/Fire Communications Center
~,tteet .c..ddros::;. 300 West Atlantic Avenue
Gldg/FloorlRoom 1/ second floor
CITy/State/Zip Delray Beach, Florida 33444
The Reccf\"rlV lerrnlnal !....Cjeflcy fcprcscnt.:.ltlvc to be contdcted regarding the S.A.t~ T.A. Tcrnlinal is'
f\.:amc and Trlle Michael D. Cato, Division Chief, Fire Department
T elephonc '..Jumbel & tc>1cnSlon (407) 243-7420
Thc Receiving Terminal Agency understands thai Ihe loll owing Installation and Maintenance Organization (IMO) Will bc providing
support and maIntenance service tor the Receiving T elmlnal and that it will contacl the IMO if it has any problems. The Fiecelvln9
Terminal Agency agrees to plovldc IMO representatives with access to its facility whenever service is required. and It)e ;:;."U"VIW;
Terminal Agency has advised 111.0 how to glJin access to its facility af1er hOLlrs. shcCJld the need arise .
i~:.. :"-ij.'; ~.' . ,~.. ,-:-..
.
Revised 8/26/93 SANTA 38
Confirmed by IMO
IMO Namo: Security Systems, IllC'.
IMO Telephono #:( 407 ) 392-0012
Primary Contact Namo &. Trt)e: Robert Leo!1E' , ['resident
l\Uthorized Signature: --~-~ ~.
-
(:lty/C;tnlo/Z Ip I)(j c a [{atO!1, F I (iI' i (,: : : : ~ I :) :~
------~-----
Confirmed 1,)( fiocciving Terminal Agency by:
Geceiving Terminal Agency Name: Cit\ () 1 l){ i t';t \ U Ie' a (: 11
..---- .---- ~. --~- .-
Address: 100 N.W. 1 Avenue
CityfStatelZip: Delray Beach, FL 33,144
Name and Title:
----....
Signature:
Date:
,
I
I
F:\ADNN...~S\J..I.RMO$ANT~.32 lC/7/"JJ 22~
2
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~U - MEETING OF MARCH 8. 1994
AWARD OF BIDS AND CONTRACTS
DATE: MARCH 4, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid Award - via Florida State Contract from The City
Garage/Vehicle Replacement Fund (Account No.
501-3312-591-64.20) in the amount of $359,363.88.
Contract No. 070-100-400, 16 Police Patrol Chevy
Caprices to Fred Davis Chevrolet/Geo, Inc. in the
amount of $269,180; Contract No, 070-444-210, 2 Police
Patrol Jeep Cherokees to Caruso Chrysler Plymouth in
the amount of $37,266; Contract No. 070-344-420, 2 Fire
EMS GMC Suburbans to Ed Morse, GMC in the amount of
$52,917.88
2 . Bid Award - Annual Contract - Submersible Wastewater
Pumps - Hydro Pump s , Inc. , in the low bid amount of
$20,237.70. Funding source Water & Sewer Liftstation
Maintenance (Account No. 441-5144-536-52.20).
.
,
Agenda I tern No. :
AGENDA REQUEST
Date: 02/24/94
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: March 08. 1994
Descript~on of agenda item (who, what, where, how much): Award Bid #94-27
Submersible Wastewater Pumps - Annual Contract
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low Bidder, Hydro Pumps, Inc. at an estimated
annual cost of $20,237.70
Department Head Signature: --;;?~A ~~e.c..,--K:.c -ztfrf!9t./
Determination of Consistency with Comprehensive Plan:
,
--
J ~
City Attorney Review/ Recommendation (if applicable): A
Budget Director Review (required on all items involving expenditure
of funds):
Q",
. \
Funding available: ES NO
Funding alternatives: ~if applicable)
\ Account No. & Des(k'iPtipn: 441-5144--0~.02-2D S elf/STATION Hit/NT.
Account Balance: u,UI.IO
./
City Manager Review:
Approved for agenda: r!fj/ NO ~
Hold Until: U/ (
Agenda Coordinator Review:
Received:
- . Action: Approved/Disapproved
"
,
[IT' DF DELRA' BEA[H
DELRA Y BEACH
F LOR IDA 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.......
AII.America City
, ~ III! MEMORANDUM
David T. Harden, City Manager
TO:
1993
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING, MARCH 8, 1994
APPROVAL PURCHASE REPLACEMENT VEHICLES
DATE: March 4, 1994
ACTION
City Commission is requested to approve the purchase of 16 Police pursuit
vehicles, two Jeep Cherokees for the Police Department, and two GMC
Suburbans for the Fire Department, from State contracts, in the amount of
$359,363.88. Funding is available in the City Garage/Vehicle Replacement
Fund account #501-3312-591-64.20.
BACKGROUND
The Fleet Supervisor has completed a review of emergency vehicles in the
Police and Fire Departments and recommends the replacement of sixteen (16)
patrol pursuit vehicles with Chevy Caprices, one pursuit vehicle with a
four wheel drive Jeep Cherokee, one Investigative Division vehicle with a
four wheel drive Jeep Cherokee, and two Fire Department command vehicles
with GMC Suburbans. Vehicles were recommended for replacement based on
age, mileage, condition, maintenance costs and mission needs. A detailed
listing of vehicles to be replaced is attached.
Two four wheel drive vehicles have been recommended for the Police
Department to provide them with the capability to patrol the beach and
other off-road areas, and to provide them with vehicles that could be used
in case of an emergency.
The Fleet Supervisor and Department Heads recommend the purchase of
replacement vehicles as follows:
'{E:!!-,~L [_~~ f'=-~c Et-1UiT_~l~~fo1~_R y
Unit
De~~-,-L__tt ~_ta te Con tr a~~ltiV~llJ:J.<J1" Y~_I~ircJ~_2YP2 ~'- Price Total
-"
Po Ii Ce/Pfltro I /2117 070-100-400 Chevy Caprice 12 $16,921 $203,052
Fred Davis Chev./Geo, Inc. Pursuit 5.7LV8 I~ $16,532 $ 66,128
Std. Engine
Po Ii ce/Patro I /2117 070-4411-210 .lee" Cher'ol,ee 1 $18,633 $ 18,633
Caruso Chrysler Plymouth II-Dr. (1IXI~ )
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
VEHICLE REPLACEMENT SUMMARY
Unit
Dept./Dlv./ # State Contract #/Vendor Vehicle Type ~ Price Total
POlice/lnv./2115 070-444-210 Jeep Cherokee 1 $18,633 $ 18,633
Caruso Chrysler Plymouth l~-Dr . (4X4)
Fire/EMS/2315 070-344-420 GMC Suburban 2 $26,458.94 $ 52,917 .88
Ed Morse, GMC
RECOMMENDATION
Approve purchase of replacement vehicles from State contracts for the
Police and Fire Departments as recommended.
RAB:kwg
Attachments
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M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney, Buyer ~
DATE: February 24, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 8, 1994 - BID AWARD - BID #94-27
SUBMERSIBLE WASTEWATER PUMPS - TERM CONTRACT
Item Before Commission:
The City Commission is requested to award the annual contract for
submersible wastewater pumps to low responsible bidder, Hydro Pumps,
I nc. , at an estimated annual cost of $20,237.70.
BackQround:
The Maintenance Group of the Public Utilities Division have need of a
term contract to quickly purchase submersible wastewater pumps for the
sanitary lift stations, with funding from their operations budget.
Bids for these pumps were received on February 10, 1994, from six (6)
vendors, all in accordance with City Purchasing procedures. (Bid
#94-27. Documentation on file in the Purchasing Office. ) A
tabulation of bids is attached for your review.
The Deputy Director of Public Utilites has reviewed the bids, and
recommends award to low bidder, Hydro Pumps, I nc. , per attached memo.
Recommendation:
Staff recommends award to low bidde r , Hydro Pumps, I nc. , at an
estimated annual cost of $20,237.70. Funding from the department's
operating expense budget.
Attachments:
Tabulation of Bids
Memo from Public Utilities
cc: Dick Hasko
Robert Bullard
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MEMORANDUM
TO: Jackie Rooney
Buyer P.E. ~
FROM: Richard Hasko,
Deputy Director of Public utilities
SUBJECT: ' SUBMERSIBLE WASTEWATER
PUMPS CONTRACT BID #94-27
DATE: February 17, 1994
We have reviewed the proposals submitted for the referenced
bid and recommend award of the term contract for submersible
wastewater pumps to Hydro Pumps, Inc. in the amount of
$20,237.70.
RCH/jem
cc: Robert Bullard, Superintendent of Maintenance
file: Memos to Purchasing
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CITY Of DElRA'r' BBlCH
TAElJLATIC>>I OF BIDS
SU3t1ERSIBLE WASTEWATER Pl.K'S - TERM CGITRPCT
BID 64-27
fEBRl.MV 10. 1994
TEM EST. Hydro Pumps, Inc. Service Industrial Southeastern Pump
NO. QTY. DESCRIPTIC>>I Supply Co., Inc. Corporation
1- 2 14.8 TO 18 HP 116VHI50M4-23-30 #F6671 up to 15.5BHP 116SE18034L 18HP
6" DISCHFR3E
230 WL T. 3 PHASE 2265.04 / 4530.08 2350.00 / 4700.00 4175.00 I 8350.00
1750 RA1 W/30' CABLE
2. 3 7.5 TO 15 HP 114VH75M4-23-30 #F6671 up to 15.5BHP 114SE7534L 7.5HP
4" DISCHARGE 1925.00 I 5775.00
230 VOLT. 3 PHASE 1906.24 I 5718.72 2268.00 I 6804.00 2b- 4SE11334L 11.3H!
1750 RA1 W/30' CABLE 2035.00/ 6105.00
2c- 4SE15034L 15HP
2290.00 I 6870.00
3. 2 3.7 HP TO 5 HP #4VSOM4-23-30 #F6650 up to S.SBHP 4SE734L 3.7 HP
4" DISCHARGE 1488.00 I 2976.00
230 VOLT. 3 PHASE 1485.34 I 2970.68 1962.00 I 3924.00 3b- 4SE4534L 4.5 HP
1750 RA1 W/30' CABLE 1835.00 I 3670.00
.
4. 1 29 TO 30 HP #6VC300M4-43-30 #G6683-6 up to 33BHP 6SE30044L 30 HP
6" DISCHARGE
460 VOLT, 3 PHASE 3965.66 I 3965.66 5300.00 I 5300.00 4730.00 / 4730.00
1750 RA1 W/30' CABLE
...
5. 1 11.3 HP 114VI00M4-23-30 #F6670 up 11.5BHP #4SE11334L 11.3 HP
4"' DISCHARGE
230 WL T. 3 PHASE 1737.88 / 1737.88 2100.00 I 2100.00 2035.00 I 2035.00
1750 RA1 W/30' CABLE
6. 1 2HP 113RH20-23-25 #F6640 up to 3.8BHP 3SE2092L 2 HP
3" DISCHARGE
230 VOLT, 3 PHASE 1314.68 / 1314.68 1900.00 I 1900.00 1278.00 I 1278.00
3450 RPH W/2S' CABLE
TOTAL BID PRICE $20,237.70 $24,728.00 $25,144.00 *
(ITEMS 1 - 6)
Brand: F.E. Myers Co Zoeller Engineered *supplying 2a and 3a
CCI11EHTS / Products .if supplying 2b&3b
Ashland, OH Delivery 35 calendar total is $26,168.00
EXCEPTIC>>IS Delivery 35 calendar
days after receipt ~if supplying 2c&3a
days after receipt of order total is $26,239.00
of order Additional pricing: Barnes Pump Inc. wi
- Warranty 1 yr after #6039-0016 4" rail 30' cable & standard
date of installation system $750.00 ea. size impellers.
not to exceed 18 116039-0018 6" rail One year warranty.
months from date of system $906.00 ea. Delivery on 4" pumps
manufacture is from out of stock
6" pumps 4-6 weeks
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Tabulation of Bids
Bid 1194-27
Page 2
I1TEI1 EST. D & S Industrial Barney's Pumps Inc. Sanders, Aspinwall
HO. .aTV. DESCRIPTICtt Plastics. Inc. & Associates, Inc.
1- 2 14.8 TO 16 HP #56L1500M3-4 15HP
6" DISCHARGE 2861.25 / 5722.50 5090.00 / 10180.00
230 VOLT. 3 PHASE 3980.00 / 7960.00
1750 RPt1 W/30' CABLE
2. 3 7.5 TO 15 HP 2814.00 / 8442.00 #S4M750M3-4 7.5HP
4" DISCHARGE 2340.00 / 7020.00 3872.00 / 11616.00
230 VOLT, 3 PHASE *S4M1500M3-4 15HP *
1750 RPt1 W/30' CABLE 2790.00/8370.00
3. 2 3.7 HP TO 5 HP 1704.15 / 3408.30 #S4N300M3-4 3HP
4" DISCHMGE 1810.00 / 3620.00 2900.00 / 5800.00
230 VOlT, 3 PHASE *S4N500M3-4 5HP *
1750 RPt1 W/30' CABLE 1930.00 / 3860.00
4. 1 29 TO 30 HP 5132.40 / 5132.40 #S6A3000M4-4 30HP
5272.00 / 5272.00
6" DISCHMGE 4722.00 / 4722.00
460 VOLT, 3 PHASE
1750 RPt1 W/30' CABLE
5. 1 11.3 HP 2685.90 / 2685.90 #S4M1000M3-4 10HP
4" DISCHARGE 2518.00 / 2518.00 3872.00 / 3872.00
230. VOLT, 3 PHASE
1750 RPt1 W/30' CABLE
6. 1 2HP 1613.85 / 1613.85 #S3HRC200M3-2 2HP
3" DISCHMGE 1337.00 / 1337.00 NO BID
230 VOLT, 3 PHASE
3450 RPt1 W/2S' CABLE
TOTAL BID PRICE
(ITEMS 1 - 6) $27,004.95 $ 2 7 , 177 . 00 Incomplete Bid '*
cat1EHTS / .' / Impel Pump, Impel * $28,767.00 No Bid on Item 5
EXCEPTICttS Manufacturing Co., (price for item #2- Brand: Fairbanks
Impel "1" Series lSHP & item #3-SHP) Morse 5430M
Sumbermsible Pump Delivery 46 calendar Delivery 60 calendar
Delivery 4-6 weeks days after recei~t 0 days after receipt
after receipt of oraer. Warranty yrs
pro rated. of order.
order. Bid includes Mfg. standard 5yr.
discharge connection Exceptions: motor
shaft 303 stainless limited warranty
elbows, adaptor steel,upper bearing,
prices for install- single row. Proposal
ation purposes does not include
rail sytem, install-
ation, hatch covers,
rails, floats,
control panel, or
lifting cable
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 9 A - MEETI NG OF MARCH 8. 1994
REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF
VARIOUS BOARDS
DATE: MARCH 4, 1994
This item is before the Commission for acceptance of the report
of decisions made by the various development related boards
during the period February 21 through March 4, 1994. The
following actions were considered during this reporting period:
Site Plan Review and Appearance Board Meeting of February 23,
1994:
A. Approved (5-0) a color change for Mac I s Excavating,
located on the southwest corner of N.W. 10th Avenue and
Lake Ida Road.
B. Approved (4-0), with conditions, a major site plan
modification, landscape plan, and elevations for the
Camino Real Holiday Inn, located at the northwest
corner of Atlantic Avenue and Ocean Boulevard.
C. Approved (5-0), with conditions, a minor site plan
modification, landscape plan, and elevations for the
Hamlet Country Club, located on the northwest side of
Hamlet Drive.
D. Approved (5-0), with conditions, a landscape plan,
associated with a parking lot modification for the City
Attorney I s block, located on the northwest corner of
N.W. 1st Avenue and N.W. 2nd Street.
Historic Preservation Board Meeting of February 16, 1994:
X. Denied (4-2) Certificate of Appropriateness (8-21) for
the All America City Mural, located at the southeast
corner of Swinton Avenue and Atlantic Avenue.
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C I T Y COM MIS S ION DOC U MEN TAT ION
" . .'
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~I~~NCI L PLANNER
DEPARTME T PLANNING D ZONING
/ .. pl, ~
,
FROM: NS, ASSISTANT PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 21, 1994 THRU MARCH 4, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is review of
appealable actions which were made by various Boards during
the period of February 21, 1994, through March 4, 1994.
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 pro v ides
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.
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City Commission Documentation
Appealable Items - Meeting of February 8, 1994
Page 2
PLANNING AND ZONING BOARD REGULAR MEETING OF FEBRUARY 21, 1994:
The Planning and Zoning Board did not consider any appealable
items at its meeting of February 21. The Board did, however,
consider the following items which will be forwarded to the City
Commission for final action:
* Recommended (6 to 0) approval, with conditions, of the
Final Subdivision Plat for the Groves of Delray,
located on the east side of SW 10th Avenue extended,
north of Linton Boulevard.
* Recommended (6 to 0) denial of waivers associated with
the Final Subdivision Plat for the Groves of Delray,
located on the east side of SW 10th Avenue extended,
north of Linton Boulevard.
* Recommended (7 to 0) approval, with conditions, of the
Final Subdivision Plat for Sabal Lakes, Phase III,
located on the east side of Barwick Road, north of
Lake Ida Road.
* Recommended (7 to 0) approval of waivers associated
with the Final Subdivision Plat for Sabal Lakes, Phase
III, located on the east side of Barwick Road, north
of Lake Ida Road.
* Recommended (7 to 0) approval of an Annexation, Small
Scale Land Use Plan Amendment, and Initial Zoning of
GC (General Commercial) for the Delray Swap Shop,
located on the east side of Federal Highway, south of
Gulfstream Boulevard.
* Recommended (6 to 1) approval of an Annexation, Small
Scale Land Use Plan Amendment, and Initial Zoning of
GC for 13 parcels and AC (Automotive Commercial) for 2
parcel along North Federal Highway, located on the
east and west sides of Federal Highway, south of
Gulfstream Boulevard.
* Recommended (7 to 0) denial of a Conditional Use
Application for the establishment of the A & M Day
Care Center, 207 SW 8th Court, located on the north
side of SW 8th Court, west of Swinton Avenue.
* Recommended (7 to 0) denial of a Conditional Use
Application and Rezoning from R-1-A (Single-family
Residential) to CF (Community Facilities) for the
establishment of an off-site parking lot associated
with the A & M Day Care Center, 302, SW 8th Court,
located on the south side of SW 8th Court, west of
Swinton Avenue.
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City Commission Documentation
Appealable Items - Meeting of February 8, 1994
Page 3
* Recommended (6 to 0) approval, with conditions, of a
Conditional Use Application for the establishment of a
commercial parking lot for Morse Operations, located
on the northwest corner of Avenue "F" and Federal
Highway.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 23,
1994
A. Approved (5 to 0) a color change for Mac's Excavating,
located on the southwest corner of NW 10th Avenue and
Lake Ida Road.
B. Approved (4 to 0), with conditions, a major site plan
modification, landscape plan, and elevations for the
Camino Real Holiday Inn, located at the northwest
corner of Atlantic Avenue and Ocean Boulevard.
C. Approved (5 to 0) , with conditions, a minor site plan
modification, landscape plan, and elevations for the
Hamlet Country Club, located on the northwest side of
Hamlet Drive.
D. Approved (5 to 0), with conditions, a landscape plan,
associated with a parking lot modification for the
City Attorney's Block, located on the northwest corner
of NW 1st Avenue and NW 2nd Street.
HISTORIC PRESERVATION BOARD MEETING OF MARCH 2, 1994
x. Denied (4 to 2) Certificate of Appropriateness (8-21)
for the All-America City Mural, located at the
southeast corner of Swinton Avenue and Atlantic
Avenue.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CIlY COMMISSION MEETING
OF MARCH 8, 1994
L->> CANAL
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I.AI([ IDA ROAD
MW2ST @
SW2ST
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~ ... a a
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i ~ X
I.OWSON BOULEVARD
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_______WI. __ _ ...______1._...__ II r.
L-H CANAL
CITY LIIiI/l'S --- S.P .RA8. : H.P .8. :
~ UILf 1 A. - MAC'S EVCAVATING X. - ALl-AMERICA CITY MURAL
I B. - CAMINO REAL HOUDAY INN
SCALf C. - HAMLET COUNTRY CLUB
0, - CITY AlTORNEV'S BLOCK
N
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CI1Y OF DELRAY BEACH, Fl
~ OEPNmENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 9B - MEETING OF MARCH 8. 1994
CONDITIONAL USE REOUEST/MORSE OPERATIONS. INC.
DATE: MARCH 4, 1994
This item is before the Commission to consider Conditional Use
request to establish a commercial parking lot on a 2.37 acre
parcel located at the northwest corner of South Federal Highway
and Avenue F (Fladell/s Way), to Morse Operations, Inc.
This parcel is zoned AC (Automobile Commercial). The lot will
store vehicles from the various Ed Morse dealerships within the
vicinity of the property.
The proposal is a three-phase project. Phase I consists of a
temporary bullpen parking configuration which is to be limited to
a maximum of six months. After that time, improvements associ-
ated with the Phase II site plan are to be in place in order to
continue the commercial parking lot use. Implementation of the
Phase III full service auto dealership is to occur some time in
the future.
At its meeting of February 28, 1994, the Planning and Zoning
Board held a public hearing. There was no public testimony
objecting to the proposed use, and the Board voted 6-0 to
recommend that the Conditional Use request be approved.
Recommend approval for the conditional use of this parcel for a
commercial parking lot for Morse Operations, Inc.
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tfJ)
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~\~
PRINCIPAL PLANNER ",
-~~-
FROM: COSTELLO
SUBJECT: MEETING OF MARCH 8, 1994
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH A COMMERCIAL PARKING LOT (MORSE OPERATIONS
PARKING LOT), AT THE NORTHWEST CORNER OF SOUTH FEDERAL
HIGHWAY AND FLADELL'S WAY (AVENUE "F").
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a
commercial parking (Morse Operations Parking Lot) on a
parcel of land zoned AC (Automotive Commercial).
The subject property is located at the northwest corner of
South Federal Highway and Fladell's Way (Avenue "F") and
contains 2.37 acres.
BACKGROUND:
The development proposal is to establish a commercial parking
lot on a 2.37 acre parcel of land to accommodate the storage of
vehicles from the various Ed Morse dealerships within the
vicinity of the property. The proposal is a 3-phase project.
Phase I consists of a temporary bullpen parking configuration
which is to be limited to a maximum of 6 months ( September 6,
1994) . After that time, improvements associated with the Phase
II site plan are to be in place and accepted in order to
continue the commercial parking lot use. Implementation of the
Phase III full service auto dealership is to occur some time in
the future. An analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of February 28, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. There was no public testimony objecting to the
proposed use. After reviewing the staff report, the Board voted
6-0 (FeIner absent) to recommend that the Conditional Use
request be approved.
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City Commission Documentation
Meeting of March 8, 1994
Morse Operations parking Lot
Page 2
RECOMMENDED ACTION:
By motion, approve the Conditional Use request to establish a
commercial parking lot (Morse Operations Parking Lot) subject to
the findings and conditions as recommended by the Planning and
Zoning Board.
Attachment:
* P&Z Board Staff Report and Documentation of February 28, 1994
JC/Y:CCMORSE.DOC
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PLANNING ANL ZONING BOAR~
'. CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: February 28, 1994
AGENDA ITEM: IV.E.
ITEM: Conditional Use Request to Establish a Commercial Parking Lot for Morse Operations, Inc.
~WOlID
P'CIII1IAC
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GENERAL DATA:
Ow'ner.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Ed Morse
Morse Operations, Inc.
Applicant................Mark Marsh
Digby Bridges, Marsh and Associates
Location.................Northwest corner of S. Federal Highway
and Fladell's Way (Avenue "F").
Property Size............2.37 Acres
City Land Use Plan.......General Commercial
City Zoning..............AC (Automotive Commercial)
Adjacent Zoning...North: AC
East: AC
South: AC
West: AC
Existing Land Use........Vacant parcel which is partially paved.
Proposed Land Use........Establishment of a commercial parking
lot.
Water Service............Existing 8" water main along the west
side of S. Federal Highway.
Sewer Service............Existing 8" sanitary sewer main along
the west side of S. Federal Highway.
IV.E.
.
I T E M B E FOR E THE BOARD :
The action before the Board is that of making a
recommendation to the City Commission on a request for
Conditional Use and sketch plan approval for Morse
Operations Parking Lot, pursuant to Section 2.4.5(E).
The subject property is located at the northwest
corner of South Federal Highway and Fladell's Way
(Avenue "F").
BACKGROUND:
The subject property is the east 375' of the Plat of Aiden
consisting of 2.37 acres of land. It is the former location of
the Sherwood GMC Truck Sales (south half) and Total Care Car
Wash (north ha If) . The following background relates to the
entire east 375' of the Plat of Aiden.
On July 24, 1972, the subject property was annexed into the City
with a zoning designation of C-2 (General Commercial). In
June 1973, an automated car wash and gasoline facility was
constructed on the north half of the property. In November 1973,
an auto sales building was constructed on the south half of the
property. In November 1972, with the adoption of the zoning
code and zoning map, the property was rezoned from C-2 to SC
(Specialized Commercial).
With the Citywide rezoning of 1990, the property was rezoned
from SC to AC (Automotive Commercial). In October 1992, the
Total Care Car Wash and the Sherwood Truck Sales building were
demolished. In September 1993, the property was purchased by
Morse Operations, Inc.
On January 3, 1994, a conditional use request was submitted to
establish a commercial parking lot for the storage of vehicles
for Ed Morse auto operations.
PRO J E C T DES C RIP T ION :
The development proposal is to establish a commercial parking
lot on a 2.37 acre parcel of land to accommodate the storage of
vehicles from the various Ed Morse dealerships within the
vicinity of the property. The project consists of the following
three (3) phases:
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P & Z Board Staff Report
Morse Operations Parking Lot - Conditional Use
Page 2
Phase I (0.70 acres) incorporates the west end (125' X 243'
area) of the south half of the property, which is 'enclosed
by a chain linked fence. The proposal is to establish a
commercial parking lot with a temporary (6 months) bullpen
parking configuration. The site improvements associated
with the temporary bullpen parking lot are as follows:
* Installation of a rolling gate;
* Removal of the center and southernmost driveways which
provide access to Federal Highway;
* Installation of the required 20' landscape buffer
along Federal Highway. The buffer will include the
north half also; thus, extending the length of the
Aiden Plat frontage; and,
* Installation of required landscaping along the north
and south property lines.
Phase II (2.37 acres) incorporates the subject property
(east 375' of the Aiden Plat) in its entirety. The
proposal is to establish a commercial parking lot
containing approximately 120 standard spaces along with
required landscaping on the east end of the property. The
west end of the property will remain undeveloped and will
not be utilized for parking.
Phase III is to establish a full service automobile
dealership on the subject property with the following
modifications:
* Elimination of approximately 41 parking spaces;
* Construction of a 5,400 sq. ft. sales/service building
with 8 service bays and a car wash facility; and,
* Installation of loading and dumpster areas.
CON D I T ION A L USE A N A L Y S IS:
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development
Regulations, prior to approval of development applications,
certain findings must be made in a form which is part of
the official record. This may be achieved through
information 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 Board Staff Report
Morse Operations Parking Lot - Conditional Use
Page 3
IFUTURE LAND USE MAP I The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation).
The subject property has a General Commercial land use plan
designation and an AC (Automotive Commercial) zoning
designation. The AC zone district is consistent with the
General Commercial land use plan designation. Pursuant to
Section 4.4.10(0)(8), within the AC zone district, commercial
parking lots are allowed as a conditional use, so long as such
lots are secondary to an existing legal conforming use, and such
lots are developed and maintained in accordance with Section
4.6.9 of the City's Land Development Regulations.
The parking lot is considered to be secondary to the Morse
Toyota dealership southwest of the property across Fladell's
Way. However, pursuant to LOR Section 4.4.10(F)(2), the area
established for a dealership may not be comprised of lots which
are separated by a street. The intent of the Code is to
alleviate a situation where as dealerships along Federal Highway
were aggregating parcels across Federal Highway in order to
expand the dealership. The aggregation of land in this manner
was considered unsafe as Federal Highway is a state arterial
road with a large traffic volume, which could result in an
unsafe situation for customers crossing the highway. As the
proposed parking lot is located on the same side of Federal
Highway as the Toyota dealership and is separated by a secondary
City road, with a minimal number of trips per day, the intent of
the Code is being met. Also, the parking lot is primarily for
the storage of vehicles, thus customers will not be visiting the
site.
Based upon the above, it is appropriate to make a positive
finding with respect to consistency with the Future Land Use
Map.
I CONCURRENCY I Facilities which are provided by, or through, the
city shall be provided to new development
concurrent with issuance of a certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the comprehensive Plan.
The proposed parking lot will not have an impact on the level of
service standards. With the full site plan submittal for the
automobile dealership (Phase III), findings with respect to
concurrency will need to be made.
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P & Z Board Staff Report
Morse Operations Parking Lot - Conditional Use
Page 4
I CONSISTENCY I Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element Policy A-2.4 - Automobile uses are a
significant land use within the City and as such they have
presented unique concerns. In order to properly control these
uses and guide them to locations which best suit the
community's future development, the following shall be adhered
to:
* Auto related uses shall not be permitted in the caD Zone
District or within the geographic area along Federal
Highway which extends four blocks north and three blocks
south of Atlantic Avenue.
The development proposal is consistent with this statement
as the subject property is not located within the
geographical area referenced above.
* Automobile dealerships may locate and/or expand west of
Federal Highway, i.e., or between the one-way pair system
(except as restricted above). Automobile dealerships may
locate and/or expand east of Federal Highway, only north of
N.E. 6th Street, except within the area lying east of
Federal Highway north of N.E. 8th Street, or parcels
fronting on N.E. 8th Street, and south of the north border
of the Flea Market property. Wi thin which such excluded
area, automobile dealerships may not locate or expand. New
dealerships shall not locate nor shall existing dealerships
expand south of N.E. 6th Street provided however, that
automobile dealerships south of N.E. 6th Street may expand
onto adjacent property which is currently in an auto
related use and which is zoned to allow such use.
The proposal is consistent with this statement as the
expansion is occurring on the west side of Federal Highway
within a geographical area which does not prohibit or
restrict such expansions.
* Auto related uses which involve the servicing and repair of
vehicles, other than as a part of a full service
dealership, shall be directed to industrial/commerce areas.
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P & Z Board Staff Report
Morse Operations parking Lot - Conditional Use
Page 5
This statement is not applicable as the parking lot/storage
will not involve the servicing of vehicles. Phase III does
indicate service bays, however, the servicing of vehicles
will be part of a full service dealership.
Land Use Element Objective A-l - Vacant property shall be
developed in manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
A. physical Considerations - The property has previously
been disturbed for a truck dealership, and a car wash
and gasoline facility. There are no special physical
or environmental characteristics of the land that
would be negatively impacted by the proposed use.
B. Complimentary with Adjacent Uses - The proposal will
be complementary with the adjacent auto and commercial
uses.
C. Fulfills Remaininq Land Use Needs - The proposal will
allow the expansion of an existing dealership onto a
property that was previously in an auto related use
(dealership, car wash/gasoline facility) and has
remained vacant and neglected for quite some time.
The redevelopment of vacant and neglected properties,
such as this, is encouraged.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.S(E)(S) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
The subject property is surrounded by the AC (Automotive
Commercial) zone district. The existing land use to the north
and west is the Sherwood Pontiac dealership; east is Ralph
Buick; and, south is the Tour U.S.A. RV Sales and Rentals,
Executive Motors, Inc. auto leasing agency and the Morse Toyota
dealership.
Thus, the development proposal is generally compatible and
harmonious with adjacent properties and should not cause
depreciation of property values.
.
P & Z Board Staff Report
Morse Operations Parking Lot - Conditional Use
Page 6
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
If the Conditional Use is approved, a full site plan submittal
complying with the Land Development Regulations will be
required. Along with the Conditional Use request, a sketch plan
has been submitted. Upon staff review, several code
deficiencies were identified. These items must be addressed
with the full site plan submittal. The list of technical items
is attached for informational purposes.
REV I E W B Y o THE R S .
.
The development proposal is not located within a geographical
area requiring review by the Community Redevelopment Agency
(CRA) or the Downtown Development Authority (DDA).
Site Plan Review and Appearance Board:
If approval is granted for the Conditional Use, a full site plan
submittal will follow. Final action on the site plan submittal
res ts with SPRAB (Site Plan Review and Appearance Board) . The
site plan must accommodate concerns raised through the
conditional use analysis, and address the attached "Technical
Items" .
Courtesy Notice:
Courtesy notices were provided to the Tropic Isle, Tropic Bay
and Tropic Harbor Homeowner's Associations.
Public Notice:
Formal public notice has been provided to property owners within
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting.
ASS E SSM E N T AND CON C L U S ION S .
.
The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. The development proposal is a phased project. The
Phase I bullpen parking configuration is a temporary situation
which is to be limited to a maximum of 6 months (September 6,
1994). After that time, improvements associated with the Phase
II site plan are to be in place and accepted in order to
continue the commercial parking lot use. Implementation of the
Phase III full service auto dealership is to occur some time in
the future. The property has been vacant and somewhat neglected
for many years. The proposed landscaping and parking
improvements will greatly improve the appearance of the
property.
.
P & Z Board Staff Report
Morse Operations Parking Lot - Conditional Use
Page 7
If the conditional use is approved, a site plan application will
be submitted which addresses the attached technical items.
Positive findings with respect to the other level of service
standards i.e. concurrency are anticipated with review of the
Phase III proposal to establish a new auto dealership.
A L T ERN A T I V E ACT ION S .
.
l. Continue with direction.
2. Recommend approval of the request for Conditional Use and
sketch plan approval for Morse Operations Parking Lot 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
conditions.
3. Recommend denial of the Conditional Use and sketch plan
approval for Morse Operations Parking Lot based upon a
failure to make positive findings with respect to Section
2.4.5 (E) (5) (Compatibility) and Chapter 3, Section
3.l.1(C) (Consistency) of the proposed use with adjacent
land uses.
R E COM MEN 0 E 0 ACT ION :
Recommend approval of the request for Conditional Use
Modification and sketch plan approval for Morse Operations
Parking Lot 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 condition:
* That the bullpen parking configuration only be valid until
September 6, 1994. After that date, all improvements
associated with the Phase II site plan must be in place and
accepted in order to continue the use.
Staff Report prepared by: Jeff Costello, Planner
Reviewed by Diane Dominguez, Principal Planner on: 2/17/94
Attachments: List of Technical Items re: Sketch Plan
Phase I Sketch/Landscape Plan
Phase II Sketch Plan
Phase III Sketch Plan
JC/V:PZMORSE.DOC
.
P & Z Board Staff Report
Morse Operations Parking Lot - Conditional Use
Page 8
TEe H N I C A LIT EMS :
The following technical items must be addressed with the full
site plan submittal.
Phase I must address the following item (Item #1):
1. A permit from FOOT must be obtained in order to close the
middle and southernmost driveways.
Phase II site plan must address the following technical items
2-6:
2. Pursuant to LOR Section 4.3.4 (H) ( 6 ) (b) ( Special Landscape
Setbacks), within the special landscape setback area (along
Federal Highway) pavement shall not be allowed except for
driveways and sidewalks which lead to the site and are
generally perpendicular to the frontage. The proposed
,... display area at the southeast corner of the site encrciaches
into the special setback area.
3. Pursuant to LOR Section 4.6.16(H)(3)(i), landscape islands
shall be placed at intervals of no less than one island for
every 10 spaces. The display area at the southeast corner
of the site in conjunction with the parking tier exceeds
this requirement.
4. Pursuant to LOR Section 6.1.3(B)(1), a 5' wide sidewalk is
required along both Federal Highway and Fladell's Way
(Avenue "F"). SPRAB has authority to waive the requirement
provided it is supported by the City Engineer. In order
for this requirement to be waived, a written request must
be submitted.
5. Pursuant to LOR Section 4.6.16(E)(3) (Vehicular
Encroachment), all landscape areas must be protected from
vehicular use areas by nonmountable curbing. Landscape
islands are required to be a minimum of 5' wide, exclusive
of curbing.
6 . The accessways to the Sherwood Pontiac dealership to the
north must be eliminated, or cross access easements
provided.
Phase III: In addition to the above items, the Phase III site
plan must address the following:
7. Pursuant to LOR Section 4.4.10(G)(2)(a), landscape strips
and landscape islands internal to the bullpen parking area
are not required; however, the 10% interior landscaping
requirement shall be met by transferring the required
landscaping to the perimeter of the site and or bullpen
area.
.
P & Z Board Staff Report
Morse Operations Parking Lot - Conditional Use
Page 9
8. A 18' X 70' loading berth has been shown on the sketch
plan. Although the dimensions exceed the required 14' X
60' loading berth for a tractor trailer, 35' of additional
depth should be provided to address the unloading (ramp and
maneuvering area) of the vehicles from the trailer.
9. Pursuant to LOR Section 4. 6 . 9 (0) ( 4 ) (d) , a 24' aisle width
is required for normal traffic flow with perpendicular
parking. The maximum aisle width is 26' . With Phase III
(auto dealership), a 44' aisle is proposed on the west side
of the service bays.
10. The dumpster area should be angled in order to provide
better access for Waste Management vehicles.
I!. Provide site lighting notes and fixture details pursuant to
LOR Section 4.4.10(G)(6) (Lighting Restrictions).
.
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[ITY DF DELAAY BEAEH
DElRA Y BEACH
f LOR I D A 100 N iN 1st AVENUE . DELRAY BEACH. FLORiDA 33444 . 407 ]4] .
b:e:d
AII.America City
, 1111;
jl)'1 l MEMORANDUM
TO: David T. Harden, city Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item #9C City Commission Meeting March 8, 1994
Approval of Resolution #25-94
DATE: March 2, 1994
ACTION
City Commission is requested to approve Resolution #25-94, a
request to the Florida DOT to install "No U-Turn" signs at all
median cuts and intersections on Atlantic Avenue (SR 806) and to
prohibit parking on both the north and south sides of Atlantic
Avenue, in front of vacant lots, between N.W./S.W. 4th and
N.W./S.W. 12th Avenue.
BACKGROUND
This proposal has been made to improve pedestrian safety and to
assist in crime reduction strategies along Atlantic Avenue.
This proposal has been reviewed by staff and the DMA. DMA is in
favor of the proposal and supports the Resolution.
ACTION
Approve Resolution #25-94.
RAB : kwg
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
'.
- .
RESOLUTION NO. 25-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO APPROVE CITY REQUESTS TO PROHIBIT PARKING
IN AREAS IN FRONT OF VACANT LOTS ON THE NORTH AND SOUTH
SIDES OF ATLANTIC AVENUE (SR 806) BETWEEN N.W./S.w. 4TH
AVENUE AND N.w./S.w. 12TH AVENUE, AND TO PLACE II NO-U-TURN"
SIGNS AT ALL MEDIAN CUTS AND INTERSECTIONS ON ATLANTIC
AVENUE (SR 806) BETWEEN N.w./S.w. 4TH AVENUE AND N.W./S.w.
12TH AVENUE.
WHEREAS, the City of Delray Beach, Florida, has requested the
District Traffic Operations Engineer of the Department of Transportation
to approve City requests to prohibit parking in areas in front of vacant
lots on the north and south sides of Atlantic Avenue (SR 806) between
N.W./S.w. 4th Avenue and N.w./S.w. 12th Avenue, and to place "No-U-Turn"
signs at all median cuts and intersections on Atlantic Avenue (SR 806)
between N.w./s.w. 4th Avenue and N.w./S.w. 12th Avenue; and
WHEREAS, in support of the request, the City of Delray Beach has
made the following findings: that there is a need to restrict u-turns and
parking to provide for greater pedestrian safety and to assist in crime
control efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, formally requests the District Traffic Operations Engineer
of the Department of Transportation of the State of Florida tq provide
written approval of the City's request to prohibit parking in areas in
front of vacant lots on the north and south sides of Atlantic Avenue (SR
806) between N.W./S.w. 4th Avenue and N.W./S.w. 12th Avenue, and to place
"No-U-Turn" signs at all median cuts and intersections on Atlantic Avenue
! (SR 806) between N.W./S.w. 4th Avenue and N.W./S.w. 12th Avenue.
Section 2. That the City Clerk is hereby directed to furnish a
certified copy of this Resolution to the District Traffic Operations
Engineer of the Department of Transportation of the State of Florida.
PASSED AND ADOPTED in regular session on this the 8th day of
March, 1994. ~E~L-
ATTEST: " MAY O~
~'fiJ!r,){i~ )/o7iy
City C rk
'.
- ' . .
[ITY DF DElAAY BEA[H
$Y CLERK 100 ~'; ~'\;1,;' '':'\';:::\'--.lE . D"'_'"AY BEACH, FLORIDA 33444 . 407 243-7000
....
~CIly
March 11, 1994 ' III I!
1993
William A. Lewis, Jr., P.E.
District Traffic Operations Engineer
Florida Department of Transportation
3400 W. Commercial Boulevard
Fort Lauderdale, FL 33309
Re: Resolution No. 25-94/Traffic Controls on Atlantic Avenue (SR
806)
Dear Mr. Lewis:
Attached please find a certified copy of Resolution No. 25-94
requesting the Florida Department of Transportation to approve
the City of Delray Beach's request to prohibit parking in areas
in front of vacant lots on the north and south sides of Atlantic
Avenue (SR 806) between N.w./s.w. 4th Avenue and N.W./S.w. 12th
Avenue, and to place "No-U-Turn" signs at all median cuts and
intersections on Atlantic Avenue (SR 806) between N.w./s.w. 4th
Avenue and N.w./s.w. 12th Avenue.
Resolution No. 25-94 was passed and adopted by the City
Commission of the City of Delray Beach, Florida, in regular
session on March 8, 1994.
Your serious consideration of this request is appreciated.
Kindly respond to Robert A. Barcinski, Assistant City Manager,
100 N.W. 1st Avenue, Delray Beach, FL 33444.
Sincerely,
iH::::~}:~r~a~f!Y
City Clerk
AMH 1m
Attachment
cc: Robert A. Barcinski, Assistant City Manager
Mark Kilbourne, Superintendent of Streets
Earl Jacobs, P.E., FDOT
@ Pr:nted ,,--':1 Rec'y~"'led Paoer THE EFFORT ALWAYS MATTERS
.
.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {?U1
SUBJECT: AGENDA ITEM:If '1:p - MEETING OF MARCH 8. 1994
CHANGE ORDER NO. 3/HARRY PEPPER & ASSOCIATES. INC.
DATE: MARCH 4, 1994
This is before the Commission to consider Change Order No. 3 in
the net add amount of $7,310.88 and a ten day time extension to
Harry Pepper & Associates, Inc. , for the In-Line Master Pump
Station and Transmission System Improvements project.
Change Order No. 3 is for miscellaneous changes to the project.
The changes include piping modifications at the booster station,
deletion of air release valves and vaults, extension of 10" SDR
35 gravity sewer main at the master lift station, landscaping/
irrigation at booster station, relocation of air scrubbers at
lift station #11 and relocation of Ramblin' Rose ticket booth.
Recommend approval of Change Order No. 3 to Harry Pepper and
Associates, Inc. in the amount of $7,310.88, and a ten day time
extension, with funding from Capital Outlay Sewer Mains (Account
No. 441-5161-536-63.51).
.
.
Agenda Item No.:
AGENDA REQUEST
Date: February 28. 1994
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: March 8. 1994
Description of item (who, what, where, how much) : Staff reauests City
Commission approve Chanqe Order #3 to Harry Pepper and Associates. Inc. on
the In-Line Master Pump Station and Transmission System Improvements proiect
( 90-05) . Chanqe Order No. 3 is for miscellaneous chanqes to the proiect. The
chanqes include pipinq modifications at the booster station. deletion of air
release valves and vaults. extension of 10" SDR 35 qravity sewer at master lift
station. landscapinq/irriqation at booster station. relocate air scrubber at
lift station #11 and relocation of Ramblin' Rose ticket booth. All of the
chanqes are itemized per Schedule "A" attached to the chanqe order. Chanqe
Order #3 is for a net amount of $7.310.88. Fundinq source is Account
#441 Sl€1-5)~-~~~. Capital Outlay Sewer Mains.
Also included in the chanqe order is a ten (10) calendar dav extension to the
early completion and beneficial use dates for all work except lift station 18.
The chanqe order includes no time extension revision for the construction of
revised lift station 18.
Also provided is a "Cumulative Chanqe Order Summary" which summarizes all items
added by chanqe order to date and the oriqin of initiation (Exhibit B).
ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED YES@
Recommendation: staff recommends approval of Chanqe Order #3.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YES NO
Funding aiternatives (if ~PliCa~e) . .. ,
Account No. . DeSCriPtionk4tf!'t~-f}~~1 . :tfftV . ~~t~-mhrA '1!{b.!
Account Balance l,?J I n ~. y\( J nk ~ fl:tfYlI G . "qqg)
City Manager Review:
Approved for agenda: ~/NO 071
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGOO5302.MRM
.
,
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: David T. Harden
City Manager
FROM: Richard C. Hasko, P.E.
Director of Public utilities
DATE: March 2, 1994
SUBJECT: In-Line Master Pump station and Transmission
System Improvements (90-05)
Change Order #3
Attached is an agenda request for Change Order #3 to Harry
Pepper and Associates, Inc. for the above referenced
project. Change Order #3 is for a net add amount of
$7,310.88 utilizing contract allowances. It also includes a
ten day time extension for the early completion and
beneficial use dates.
Other changes included are piping modifications at the
booster station, deletion of air release valves and vaults,
extension of 10" SDR 35 gravity sewer main at master lift
station, landscaping/irrigation at booster station, relocate
air scrubbers at lift station #11 and relocation of Ramblin'
Rose ticket booth.
Also attached to the request is schedule "B", which.. is a
summary of all changes to date thru Change Order #3. This
schedule reflects the origin of the reason for the changes
and the total amount per origin.
Funding is 447 -Slt.;(?-'53&. w--3( Capital
source 4"tt-51:~-5-3-6-9 .-5-1 , Outlay Sewer
Mains.
RCH:JA:mm
attachment
cc: Howard Wight, Construction Manager
File: Agenda Requests
Project No. 90-05 (D)
RH005302.MRM
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 PROJECT NO. 90-05 DATE:
PROJECT TITLE: In-Line Booster Master Pump Station and Transmission System Improvements
TO CONTRACTOR: Harry Pepper and Associates, 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: Changes per Schedule "A" Attached
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 3,135,062.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 3,135,062.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 7,310.88
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 3,142,372.88
PER CENT INCREASE THIS CHANGE ORDER .23 %
TOTAL PER CENT INCREASE TO DATE .23 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ORDER IS TEN (10) CALENDAR DAYS FOR THE
ACTUAL WORK DESCRIBED IN SCHEDULE "An. EXTENSION OF TIME REFERS TO BENEFICIAL USE AND
EARLY COMPLETION DATES ONLY. REVISED COMPLETION DATES ARE AS FOLLOWS:
Early Completion Date: January 23, 1994
Beneficial Use Date: March 24, 1994
Substantial Completion Date: May 13, 1994
Final Completion Date: June 12, 1994
COMPLETION DATE FOR LIFT STATION 18 REMAINS UNCHANGED FROM REVISIONS MADE THRU CHANGE
ORDER #2. REVISED COMPLETION DATES FOR LIFT STATION 18 ARE AS FOLLOWS:
Early Completion Date: NOT APPLICABLE
Beneficial Use Date: NOT APPLICABLE
Substantial Completion Date: June 6, 1994
Final Completion Date: July 5, 1994
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
R. Kent Veech for Harry Pepper and Associates, Inc.
for Professional Engineering Consultants, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 441-5161-536-63.51 Capital Outlay Sewer Mains
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
.
ScheduLe A
Change Order #3
Project No. : 90-05
Project NIII1le: In-Line Master Pump Station and Transmission
System Inprovements
TotaL
Descdption #
--------------------------------------------.-----------------------------------------------------------------------------------------
Architect/Engineer changes
------------------------------
1 Modifications to piping/vaLve configuration at Booster Station
bypass vauLt RFP15 $5,399.95
2 Discharge force main modification Q Booster Station Lift station RFI40 $488.24
-------------------------------------------------------------------.---
City requested changes
--.----------------------
3 Delete air release valve and vault at LS #1, 100A, LS 5
and LS 18 . valves and vault materials to be furnished to
City F.O.B. jobsite . - ($1,742.56)
4 Electrical and associated work for relocation of RambLing Rose
ticket booth -- $1,523.33
5 Extension of 10" SDR 35 gravity sewer main Q Master Lift
Station tie-in RFP16 $4,207.02
6 Install landscape and irrigation at Booster Master Pump Station F09A $24,086.72
Contract alLowance credit (1.19c) 1.19c ($30,000.00)
7 Relocate scrubber, add access door, modify misc piping and
electrical at LS #11 RFP9A $3,348.18
____we_we_e.
Total net cumulative add thru Change Order #3 $7,310.88
------------
------------
.
Schedule B
Cumulative Change Order Summary
Project No. : 90-05
Project Name: In-Line Master Pump Station and Transmission
System Inprovements
CO Total Origin of initiationlExplanation
Description #
-..._~----------------------------------------------------------------------------------------------------------------------
ArchitectlEngineer changes
------------------------------
1 Replace steel fuel tank with concrete encased fuel tank
to comply with Fire Department requirements per City Ordinances 1 $9,252.33 AlE design change for Code compliance
2 Connect electrical power to solenoid valves for seal water sustems
at Lift Stations 1,4 and 11 1 $3,228.68 AlE change for additional costs required -
shown on mechanical drawings but not
on electrical
3 Monorail connection revisions at Lift Stations 1,4 and 11 1 $1,709.26 AlE change for additional costs required
for revised monorail connections
4 Lift Station #18 revision - rehab existing station in lieu
of new station 2 $3,107.75 AlE design change required due to transite
telephone duct conflict at original designed
location
5 Conflict tie-in of existing 21" sanitary main to new manhole
on NE 1st St. 2 $1,614.38 AlE design change at tie-in due to conflict
with existing 36" RCP
6 Addition of manholelvalve box risers at N.E. 7th Ave overlay 2 $3,603.49 AlE requested to raise existing structures
up to new asphalt overlay elevation
7 Electrical connection to heaters on pumps at Lift Station 1,4,
11 and booster station. 2 $3,425.10 AlE design change to provide electrical
service to pump heaters at Booster Station
8 Asbestos survey at existing master lift station 2 $1,493.80 AlE requested to comply with health
department requirements
9 Removal of existing transite exhaust duct at Lift Station 1 2 $1,673.01 AlE requested to comply with health
department requirements
10 Protective coating of roof undersides at Lift Station 100A and 5 2 $601. 64 AlE requirements to provide protective coating
to wet well roof
11 Relocate wet well vent locations at Lift Stations 100A and 5 2 $316.72 AlE design change - design location restricts
maintenance access to stations
12 Sealwater system modification Q LS " 4, and 11 2 $4,965.16 AlE design change for modificaiton to
sealwater systems at referenced stations
13 66-inch storm sewer conflict at S.E. 3rd St & S.E. 7th Ave 1 $5,023.67 Additional costs for labor and equipment
required for 20" force main installation
at existing 66" storm drain pipe.
14 Telephone ductlstrom drain conflict at S.E. 7th Ave and S.E. 1st St 1 $2,828.74 Additional costs for labor and equipment
required for 20" force main conflict with
existing utilities
15 10" force main conflict with 48-inch storm sewer at N.E. 3rd St. 1 $557.38 Additional costs for labor and equipment
and N.E. 3rd Ave required to install 10" force main
under 48" RCP
16 Modifications to pipinglvalve configuration at Booster Station
bypass vault 3 $5,399.95 Pipinglvalve configuration was revised to allow
for maintenance access
17 Discharge force main modification Q Booster Station lift station 3 $488.24 Configuration of force main piping was revised
for proper tie-in to Booster Station force main
piping
-_...----------
Subtotal for Architect/Engineer cumulative changes $49,289.30
,
----------------------------------------------------------------------------------------------------------------------------
Unforeseen Conditions
------------------------------
1 Remove deteriorated manhole and install 16" DIP gravity sanitary
sewer at existing main at N.E. 1st St 1 $1,791. 14 Additional costs due to deteriorated condition
of existing facilities encountered during
force main installation
2 Additional labor and expenses for 24-inch tie-in at N.E. 7th Ave 1 $13,926.08 Additional costs required at 24" tie-in
due to existing conditions encountered
during tie-in including backflow from
the Regional Treatment Plant
3 Additional labor and expenses for 16-inch tie-in at N.E. 1st Street 1 $3,502.18 Additional costs required at 16" tie-in
due to existing conditions encountered
during construction
4 Additional labor and expenses for 6-inch tie-in at N.E. 3rd Street 1 $1,401. 79 Additional costs required at 6" tie-in
due to existing conditions encountered
during construction
-----..-------
Subtotal for Unforeseen Condition Cumulative changes $20,621.19
..------........-..-----..-..------..-------..---..----......--....--..----------..-----..-..---------..-----..-------....----..------------------..---..----....--
City requested changes
....-..----_....----.........._----
1 Install gravity sanitary sewer on N.E. 1st Street from to new
lift Station #100A 1 $18,000.00 City (Env Svc) requested to complete
Veterans Park by-pass
2 Delete air scrubbers at lS #5 and lS #100A 1 ($25,543.08) City (Env Svc) requestediscrubbers not required
required at these two lift stations
3 Remove existing catch basin and install 12-inch storm sewer on N.E.
1st Street 1 $1,177.84 City (Env Svc) requested to replace
existing deteriorated pipe
4 Relocate air scrubber and other related modification to lift Station1 $9,152.95 City (Env Svc) requested to allow inside
equipment inside facilities
5 Relocate electrical equipment at lift Station 11 to accomadate new
scrubber equipment 1 $800.00 City (Env Svc) requested to allow inside
installation of scrubber equipment
6 Gravity sewer repair at S.E. 7th Avenue and S.E. 4th Street 1 $1,367.59 City (Env Svc) requested for repair of existing
deteriorated gravity sewer encountered during t
construction
7 Furnish and install 1 1/2" conduits from valve vault to
electrical panel at lS 5, 18 and 100A 2 $1,430.44 City (Env Svc) requested for future
use with telymmetry monitoring system
8 Electrical service - Booster Station FPl service 2 $1,260.00 City (Env Svc) for actual cost of service
9 Electrical service - lS 100A FPl service 2 $0.00 City (Env Svc) for actual cost of service
Extend electrical service form lS 100A to FPl handhole 2 $2,m.39 City (Env Svc) requested to extend service to
FPl handhole
10 Electrical service - lS 5 FPl service 2 $900.00 City (Env Svc) for actual cost of service
11 Electrical Service - lS 11 FPl service 2 $475.00 City (Env Svc) for actual cost of service
12 Delete air release valve and vault at lS #1, 100A, lS 5
and lS 18 - valves and vault materials to be furnished to
,
City F.O.B. Jobsite 3 ($1,742.56) City (Env Svc) requested - ARV's not necessary
13 Electrical and associated work for relocation of Rambling Rose.
ticket booth 3 $1,523.33 City (Env Svc) requested for Master Lift Station
demolition and Ph 11 of Veterans Park
14 Extension of 10" SDR 35 gravity sewer main iil Master Lift City (Env Svc) requested to extend new gravity
Station tie-In 3 $4,207.02
main to Master Lift Station
15 Install landscape and irrigation at Booster Master Pump Station 3 $24,086.72 Contract allowance Item
Contract allowance credit (1.19c) 3 ($30,000.00)
16 Relocate scrubber, add access door, modify mlsc piping and
electrical at LS #11 3 $3,348.18 City (Env Svc) requested to move scrubber
equipment inside facilities
......----..----
Subtotal for City requested cumulative changes $13,220.82
-----........-.----..-....--------..---....------..-------....------------..--------------------------....--------------....--..-------------------------
Contractor (Value Engineering) changes
-------------------------------...---------..
1 Replace jack and bore crossings at Federal Highway and Atlantic
Avenue with open cut crossings ($15,000.00) DOT approval obtained for method change
--...----------
Subtotal for Contractor (Value Engineering) changes ($15,000.00)
------..--.........
Subtotal for Cumulative changes per Schedule B above $68,131.31
Less reduction in Contract contingency allowances ($60,820.43)
------------
Total net cumulative add thru Change Order #3 $7,310.88
------------
------------
.
D/\
tj-LJ)
[ITY DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' OELRAY BEACH, FLORIDA 33444
FACSI~IILE 407i278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
Date: March 1, 1994
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Nixon Jacquet and Jean Garcon v. City of Delray Beach
This case stems from an incident which occurred on May 19, 1991
wherein a police officer blacked out at the wheel allegedly
injuring Mr. Jacquet and Mr. Garcon.
Previously the lawyer for Mr. Jacquet and Mr. Garcon presented
an offer of settlement in the amount of $15,000.00 for each
Plaintiff or $30,000.00 in total. This offer was put on your
agenda wherein our office recommended that you reject the
offer because we felt the amounts requested were too high.
Subsequently a mediation was conducted wherein an agreement was
reached, subject to City Commission approval, to settle the
case for $8,750.00 to each Plaintiff which includes all
attorneys fees and costs and is contingent upon the receipt of
appropriate releases. Total medical bills for Mr. Jacquet were
$6,141.80. Total medical bills for Mr. Garcon were $7,306.50
and lost wages were approximately $2,000.00. Our office
recommends that the City Commission approve the settlement
reached at mediation.
By copy of this memorandum to David Harden, City Manager, our
office requests that this settlement be placed on the City
's March 8, 1994 agenda for approval.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Lee Graham, Risk Manager
Chief Richard Overman, Delray Beach Police Department
jacque18.Bllr
CfE
. . .-. ...
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfM
SUBJECT: AGENDA ITEM # CJ F - MEETING OF MARCH 8. 1994
RESOLUTION NO. 18-94/GRANT APPLICATION TO FLORIDA
INLAND NAVIGATION DISTRICT
DATE: MARCH 4, 1994
Resolution No. 18-94 is before the Commission to consider author-
izing staff to submit a grant application to the Florida Inland
Navigation District (FIND) for funding in the amount of $204,450
or 50 percent of the total cost of $408,900, for a seawall recon-
struction project involving nine city owned seawalls.
This is a reimbursement type grant, with City funding being
requested in the 94/95 Capital Improvement Fund. The project is
noted in the Conservation Element of the City's Comprehensive
Plan (B-3.3)
Recommend approval of Resolution No. 18-94, submitting applica-
tion for a grant from the Florida Inland Navigation District.
.
. . .
Aqenda I tem No.:
AGEHDA RBQOEST
Date: February 28, 1994
Request to be placed on:
X Reqular Aqenda (Consent)
Special Agenda
Workshop Agenda When: March 8. 1994
Description of item (who, what, where, how much): ReQuest City Commission
aooroval to submit a 2rant application to the Florida Inland Navi2ation District
for fund 1n2 in the amount of $204.450 or 50% of the tot;} 1 CO!'lt" of $4nR. ()On for a
seawall reconstruction pro;ect involvinR 9 City owned seawalls. This is a reimbur-
!'Ipment tvne 2rant with City fundinw bein2 reauested in the 94/95 r.apit"al Tmprovpmpnt
"Wnnn = 'T'hp PTOj~C!'t is not:~d in t'hA ~nns:~rv;l'tion 1l.1~m~nt' nf nn.... ~nmp,.c:ahanC!;',.:a P1.:1n ('R-3.3)
(Example: . Request from Atlantic High School for $2,000 to fund
project graduation).
ORDIHABCE/ RESOLUTIOB REQUIRED: @O Draft Attached: YES/NO
Recommendation: Approval to submit application with accompanyinR Resolution
for assistance.
(Example: Recommend approval with fundinq from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: ~~f~L 2-/~.sJ~
City Attorney Review/ Recommendation (if applicable): Copy of Resolution
has been fOrQarded to the City Attorn~y for review.
,
Budget Director Review (required on all iteas involving expenditure
of funds):
Fundinq available: YES/ NO
Fundinq alternatives: (if applicable)
Account No. &: Description:
Account Balance:
City Manaqer Review:
Approved for aqenda: @ NO (lJt 1
Hold Until:
Aqenda Coordinator Review:
Received:
Placed on Aqenda:
Action: Approved/Disapproved
"
. ' . ,
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P. E.",Z2J#
City Engineer
DATE: February 25, 1994
SUBJECT: Agenda Request
Seawall Reconstruction
Grant Application
project No. 94-047
Attached is an agenda request for Commission to grant
approval to submit an application to the Florida Inland
Navigational District (F.I.N.D.) for funding of the
reconstruction of city seawalls (see attached sketch).
WG:DB:mm
File: Project No. 94-47 (D)
RH447225.MRM
"
. ' . -
RESOLUTION NO. 18-94
RESOLUTION FOR ASSISTANCE
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of Delrav Beach is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of De1ray Beach
and the State of Florida:
Project Title City of Delray Beach Seawall Rehabilitation Pro;ect
Total Estimated Cost S 408.900 (Prooosal to FIND for ~204.450 - 50% of total cost)
Brief Description of Project: '{'he City wishes to undertake a seawall rehabilitation
project which will provide shoreline stabilization for public roadways adjacent
to and terminating at the Intracoastal Waterway. This project benefits the
maintenance of FIND District Waterways by preventing shoreline erosion and the
further debilitation of older seawall structures. This project is noted under
the Conservation Element of the City's Comprehensive Plan (Policy B-3.3)
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the City Commission of the City of Delrav Beach
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said City Commission of the Citv of Delray Bear-h
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of 50 " of the
actual cost of the project in behalf of said City of Delrav Beach
AND, be it further resolved by the Citv Commission of the City of Delray Bear-h
(Name of Agency)
that it certifies to the following:
1. That it will aCcept the terms and conditions set forth in FIND Rule 16T-2 F.A.C. and
which will be a part of the Project Agreement for any assistance awarded under the attached
proposal.
Form No. 90-11
Rev. 10-14-92 (1)
'.
. .
2. That it is in complete accord with the attached proposal and that it will carry out the
Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
3. That it has the ability and intention to finance its share of the cost of the project and
that the project will be operated and maintained at the expense of said
City of Delrav Beach for public use.
(Name of Agency)
4. That it will not discriminate against any person on the basis of race, color or national
origin in the use of any property or facility acquired or developed pursuant to this proposal,
and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964,
P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by handicapped persons as well as other federal, state and local
laws, rules and requirements.
S. That it will maintain adequate financial records on the proposed project to substantiate
claims for reimbursement.
6. That it will make available to FIND if requested, a post-audit of expenses incurred on
the project prior to, or in conjunction with, request for the final 1095 of the funding agreed to
by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
City Commission of the at a legal meeting
legally adopted by the Citv of Delray B@S1C!h
beldon~rCh_ 19_2i. . I
(j ; /I\Lmo.o:c.( fI1:r J/(J11v- J '
S tore Thomas E. Lynch ignature Alison i Ma~Grego~ Harty
"
I
Title Mayor TItle City Clerk
Form No. 90-11
Rev. 10-14-92 (2)
"
FLORIDA INLAND NAVIGATION DISTRICT
W ATERW AYS ASSISTANCE PROGRAM
PROJECT APPUCATION
APPLICANT INFORMATION
Applicant: City of Delray Beach
Project Title: City of Delray Beach Seawall Rehabilitation Project
Legislative District in which Project Site is Located:
State Senate: -1L. State House: 87
Liaison Agent: Dan Beatty
Title: Assistant City EnRineer
Address: 345 South Swinton Avenue
Delray Beach. Florida Zip Code: 33444
Telephone: (407) 243-7341
I hereby certify that the information provided in this application is true and accurate.
Signature: Date:
FIND OFFICE USE
Date Received:
Local FIND Commissioner Approval:
All Required Supporting Documents:
Applicant Eligibility:
Project Eligibility:
Compliance with Rule 16T-2 F.A.C.:
Eligibility of Project Cost:
Fonn No. 90-22
New 10/14/92
".
, . -
PROJECT INFORMATION
Total Project Cost: $ 408.900
FIND Assistance Requested: $ 204,450 50 % of total cost $408,900
Amount and Source of Applicants Matching Funds: The $204.450 in matchin2 funds will be
provided out of the City's 9_4/95 Capital Improvement Funds.
Ownership of Project Site (check one):
Own xxx Leased Other
If leased, please describe lessor term and conditions: N/A
Project type (check one, or more of the following project elements that are part of your project).
Public Navigation Channel Dredging -
Public Navigation Channel Lights and Markers -
Waterway Signs and Buoys for Safety, Regulation or Information -
Public Spoil Disposal Site Development -
Public Shoreline Stabilization ..m.
Public Boat Ramps and Launching Facilities -
Public Boat Docking and Mooring Facilities -
Public Fishing and Viewing Piers -
Public Waterfront Boardwalks -
Waterways Boating Safety Programs and Equipment -
Wa~ys Related Environmental Education Programs and Facilities -
Inlet Management Projects Related to Waterway Navigation Improvement -
Beach Renourishment Projects Related to Waterway Navigation Improvement -
Other Waterway Related Projects -
Permits Required:
Aiency Yes No N/A Date AWlied For Date Received
Anticipate 120 days
DNR YES 2/22/94
DER YES 2/22/94
ACOE YF.~ ---1./22/94
COUNTY/CITY YES 2/22/Q4
Other N/A
Form No. 90-22
New 10-14-92
'.
. .
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FLORIDA INLAND NAVIGATION DISTRICT
W ATERW AYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
PROJECT TITLE: City of Delray Beach Seawall Rehabilitation Project
APPUCANT: City of Delray Beach
Project Elements Quantity Estimated Applicants FIND
(Number and/or Cost Cost Cost
Footage)
N.E. 1st. Court
Seawall ............ 50 L. F . $48,000 $24,000 $24,000
N.E. 2nd. Street
Seawall ............ 45 L. F . $38,000 $19,000 $19,000
N.E. 4th. Street
Seawall ............ 45 L. F . $34,000 $1:7 , 000 $17,000
N.E. 5th. Street
Seawall............ 35 L.F. $32,000 $16,000 $16,000
S.E. 7th. Street
Seawall ............ 35 L. F. $27,000 $13,500 $13,500
S.E. 10th. Street
Seawall............ 40 L.F. $34,000 $11 ,000 $17,000
Lowry Street
Seawall ............ 60 L. F . $48,500 $24,250 $24,250
Bucida Road
Seawall........... 160 L.F. $32,400 $16,200 $16,200
Casuarina Road
Seawall........... 160 L.F. $115,000 $57,500 $57,500
Total of nine (9) project
elements:
TOTALS 630 Linear feet $408,900 $204,450 $204,450
Form No. 90-25
New 10/14/92
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[IT' DF DELRRY HEREM
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000
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AI .....
February 17, 1994 " III!
1993
Florida Inland Navigational District
1314 Marcinski Road
Jupiter, FL 33477
Re: Seawalls under the ;urisdiction of the city of Delrav Beach
Gentlemen:
Please be advised that the city of Delray Beach has the authority
for maintenance and construction of the seawalls at the terminal
end of the following rights-of-way:
s. E. 10th street
S. E. 7th street
N. E. 1st street
N. E. 2nd street
N. E. 4th Street
N. E. 5th street
Lowry Street
Casuarina Road
Bucida Road
The above rights-of-way which include the subject seawalls are
dedicated to the public by plat.
If you have any questions or require any additional information,
please do not sitate to call.
S an Ruby
City Attorney
SR:kt
cc: Ralph E. Hayden, P.E., City Engineer
Dan Beatty, P.E., Assistant City Engineer
File: 94-47 (D)
DBDT217.KT
THE EFFORT ALWAYS MATTERS
.,
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Policy B-2.4 The City supports the maintenance of speed
limits on the Intracoastal Waterway in order to provide a
degree of protection for the Manatee.
Policy B-2. 5 Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally
sensitive area, or an area identified via Policy B-2.1, an
area equivalent to at least 10' of the total area of the
development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2. (b3) [LOR Section 3.3.4(B)]
Ob1ective B-3
To protect sensitive areas from erosion and deterioration
created by the impact of water flow.
Policy B-3.1 The City shall continue to implement its soil
erosion control ordinance.
Policy B-3.2 Through intergovernmental efforts with the
Lake Worth Drainage District and the South Florida Water
Management District, a program for the protection of the
shore line of Lake Ida shall be established. The City shall
provide the lead through its Community Services Group~ The
program shall be developed by during FY 92/93. It shall
address, among other items, the regulation of boat activity
in order to reduce wave impact on the shore line.
Policy B-3.3 A program which will accommodate necessary
repair, replacement, and maintenance of City-owned seawalls
along the Intracoastal Waterway shall be prepared by the
Environmental Services Department in FY 93/94.
Objective B-4
The City shall continue to implement its Beach Renourishment
Program as approved and permitted by the State of Florida.
(b4) ,
Policy B-4.1 As a part of the City's ongoing beach
renourishment and protection program, the existence of
pedestrian accesses to the beach shall be maintained and
enhanced through the continuation of the dune management
program. Where necessary to control erosion, accesses shall
be enhanced in accordance with the Beach Access Study. (b4)
Policy B-4.2 (Accomplished, Deleted by Amendment 90-1)
III-A-18
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: JOE SAFFORD
DIRECTOR OF FINANCE
FROM: DAN BEATTY, P.E. ~~
ASSISTANT CITY ENGI
DATE: February 7, 1994
SUBJECT: SEAWALL RECONSTRUCTION PROJECT
94-047
-------------------------------------------------------------------
I am in the process of sUbmitting an application to the Florida
Inland Navigational District (FIND) requesting funding assistance
for the reconstruction of City owned seawalls. One of the
conditions of the request is that the City provide 100% of the
funding up front and FIND will reimburse the City for 50% of the
construction cost after completion of the project. Please include
$ 450,000.00 in the 94/95 capital Improvement Plan which is the
estimated cost for this project.
DB:kt
cc: Ralph E. Hayden, P.E., City Engineer
William H. Greenwood, Dir. of Environmental Services
Doug Randolph, Grants/Training Coordinator
File: Memos to Finance
94-047 (A)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tr '1
SUBJECT: AGENDA ITEM i 10 A - MEETING OF MARCH 8. 1994
RESOLUTION NO. 19-94
DATE: MARCH 4, 1994
This is a resolution adopting the Affordable Housing Incentive
Plan as submitted by the Affordable Housing Advisory Committee
with recommendations on initiatives and incentives to encourage
or facilitate affordable housing as required under Ordinance No.
2-93.
Ordinance No. 2-93 provides for the appointment of the Affordable
Housing Advisory Committee, with specific responsibility to adopt
an Affordable Housing Incentive Plan pursuant to Florida State
Statute 420.9076(6) governing the State Housing Initiative (SHIP)
Program.
Recommend approval of Resolution No. 19-94 adopting the
Affordable Housing Incentive Plan as submitted by the appointed
Affordable Housing Advisory Committee and as required under
Ordinance No. 2-93.
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 3/3/94
x Regular Agenda
Special Agenda
Workshop Agenda
Consent Agenda When: 3/8/94
Description of item (who, what, where, how much): Public Hearin~
to adopt Affordable Housin~ Incentive Plan.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55). ~
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Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:~/NO rrv?
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: RESOLUTION NO. 19-94 ADOPTING THE LOCAL AFFORDABLE
HOUSING INCENTIVE PLAN
DATE: MARCH 2, 1994
ITEM BEFORE THE COMMISSION:
Consideration of Resolution No. 19-94 adopting the Affordable
Housing Incentive Plan as propo$ed by the appointed Affordable
Housing Commission, pursuant to Florida State Statute 420.9076(6)
governing the State Housing Initiative (SHIP) Program.
BACKGROUND:
The City Commission adopted Ordinance No. 2-93 on February 23,
1993, which provided for the appointment of the Affordable
Housing Advisory Committee with specific responsibilities to
provide recommendations for the Commission's consideration on a
local incentive plan and the commitment to adopt an Affordable
Housing Incentive plan pursuant to applicable sections of the
Florida State Statutes.
On February 15, 1994 (City Commission Workshop meeting), the
Affordable Housing Advisory Committee submitted to the City
Commission recommendations on initiatives and incentives to
encourage or facilitate affordable housing. The Commission
expressed no concerns or objections to the proposed
recommendations contained within the Plan.
Therefore, the proposed resolution adopting the Housing Incentive
Plan and the required certifications is submitted for City
Commission approval.
RECOMMENDATION:
Staff is recommending City Commission adoption of Resolution No.
19-94 adopting the Affordable Housing Incentive Plan as submitted
by the appointed Affordable Housing Advisory Committee and as
required under Ordinance No. 2-93.
LB:DQ
Attachments
LHIP.DH
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RESOLUTION NO. 19-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING AN AFFORDABLE HOUSING
INCENTIVE PLAN PURSUANT TO THE PROVISIONS OF THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM,
FLORIDA STATE STATUTES CHAPTER 420.9076; PROVIDING FOR
SPECIFIC INITIATIVES TO ENCOURAGE OR FACILITATE
AFFORDABLE HOUSING AND A SCHEDULE FOR IMPLEMENTATION;
AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR
AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE
HOUSING FINANCE AGENCY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the State of Florida, under specific authority of
Florida State Statutes, Section 420.9076, has established the State
Housing Initiatives Partnership (SHIP) Program, which requires the City
to adopt a Local Affordable Housing Incentive Plan; and
I
! WHEREAS, at the regular meeting of March 10, 1993, the City I
I Commission of the City of Delray Beach, Florida, adopted Resolution No.
I 17-93, which appointed members to the Affordable Housing Advisory
i Committee, pursuant to State Law; and
WHEREAS, the Affordable Housing Advisory Committee has held
public meetings in which it reviewed established policies and
procedures, ordinances, land development regulations, and the
Comprehensive Plan of the City of Delray Beach and recommended specific
changes to various policies to facilitate affordable housing and did
prepare an Affordable Housing Incentive Plan; and
WHEREAS, the Affordable Housing Advisory Committee has
approved the Local Affordable Housing Incentive Plan recommendations by
affirmative vote of the majority of its membership, and conducted the
required public hearing on the proposed recommendations on March 8,
1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby adopts pursuant to the provisions of the Florida
State Statutes, Section 420.9076(6), the document entitled "The
Affordable Housing Incentive Plan - Delray Beach, Florida", which is
incorporated herein by reference and made a part hereof.
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Section 2. That the City of Delray Beach is hereby authorized i
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to submit the Affordable Housing Incentive Plan to the State of Florida i
Housing Finance Agency for its approval. i
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Section 3. That the Mayor of the City of Delray Beach, i
Florida, is hereby authorized to execute the certification required as a I
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part of the transmittal of the Affordable Housing Incentive Plan on I
behalf of the City. I
Section 4. That this resolution shall become effective I
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immediately upon passage. I
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PASSED AND ADOPTED in regular session on this the 8th day of i
March, 1994. i
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~ MAY /J/R I
ATTEST: I
a f'Mn'IiJK k,~J!f(rJy
ity CI k I
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I - 2 - Res. No. 19-94
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AFFORDABLE HOUSIRG IRCERTIVE PLAIt
Pursuant to Section 420.9076, Florida Statutes, the City of
Delray Beach Affordable Housing Advisory Committee held meetings
to review existing policies, procedures, ordinances, land
development regulations and comprehensive plan in order to make
specific recommendations aimed at encouraging and facilitating
affordable housing while also protecting property values. The
following incentives resulted from of this review.
1. The affordable housing definition in the appointing
resolution.
" Affordable Housing" shall mean the development or
redevelopment of vacant parcels within the City of Delray
which can be purchased and monthly mortgage payments,
including principal, interest, taxes and insurance
(PITI), does not exceed thirty percent (30%) of the median
annual adjusted gross income for households in Palm Beach
County as defined by the United States Department of
Housing and Urban Development.
The development and redevelopment 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.
2. The expedited process of permits for affordable housing
projects.
The City has in place "One Stop Shop Permitting" providing
for a coordinated review and approval of all developmental
applications submitted through the Development Services
Group. Emphasis is placed on providing efficient, timely
review and approval of all application types from one point
of contact by the customer. The system features a fully
automated application tracking software package that
provides the opportunity to readily identify delays in
review time from various departments within the development
function.
The "One Stop Shop Permitting" incorporates an expedited
review and approval process of building permit applications
submitted under a subdivision development, using one set of
architectural plans for various lots. This process reduces
the average number of days for review from 15 days to 5
days. A second part of our program incorporates same day
inspections on construction projects. The combination of
expedited review and approvals and same day inspections
minimizes delays in construction activity and costs
associated with such delays. The expedited review process
shall be applied to the City's Affordable infill housing
program in cases where one set of architectural plans are
used for various infill lots throughout the target area.
The estimated cost reduction will average from $250-$500.
.
3. The modification of impact-fee requirements, including
reduction or waiver of fees and alternative methods of
fee payment. Land Development Regulations, Section 2.4.3(k)
The current impact and other fees associated with the
development of a typical affordable single family unit,
valued at $50,000 with between 800 and 1300 square feet
total approximately $5730. These fees include:
CITY OF DELRAY BEACH-IMPOSED IMPACT FEES
Deposit $ 75.00
Water System Connection Fee $ 788.00
Meter Installation (1") $ 525.00
Sewer System Connection $1084.00
Parks & Recreation impact tee $ 500.00
Total City Impact Fees $2,972.00
CITY OF DELRAY BEACH BUILDING PERMIT FEES
Building Permit $ 660.00
paving Permit fee $ 63.50
Irrigation permit fee $ 63.50
Total Permit Fees $ 787.00
PALM BEACH COUNTY-IMPOSED IMPACT FEES
Road Impact Fee $1,650.00
Parks Impact Fee 123.91
Law Enforcement 5.30
Public Bldgs. 51. 76
Schools 140.25
Total County Impact Fees $1,971.22
There is currently no provision for waiving impact fees
through either the City or the County. Therefore funding
will be made available through SHIP and/or other dollars for
the payment of these fees when it can be determined that the
resul t of this subsidy will be a more affordable unit for
the homebuyer.
Current policy (Commission action 1/21/92) provides
for a 70% reduction in building permit fees (excluding
impact fees and water connection fees) for non-profit
(501(C) ( 3 ) ) agencies. This represents a $550 reduction to
the overall fees imposed on new construction. This policy
2
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also provides for a 100% waiver of all fees assessed under
Section 2.4.3(K)(1) of the Land Development Regulations
(Development Applications, Le. Site Plan Review, Plats,
etc. ) .
The Palm Beach County Board of County Commission will be
formally petitioned for an exemption from the requirements
of impact fees for the entire CDBG target area. This
exemption would provide a $2000 reduction in the cost of
constructing one single family unit.
4. Allowance of Increased Density Levels. (Comprehensive Plan,
Housing Element, Policy C-3.1)
The Housing Element provides for increases to density when
it can be demonstrated that such increases will lead to an
affordable unit, provided that other policies of the
Comprehensive Plan are maintained.
5. Reservation of Infrastructure Capacity for housing for
very low and low income persons. (Comprehensive Plan,
Housing Element, Policy A-2.3)
Infrastructure facilities currently exist throughout the
target area. However, where there is visible signs of
deterioration, Comprehensive Plan policy provides for
prioritization in scheduling necessary improvements.
6. Transfer of Development Rights as a financing mechanism
for housing for very low-income and low-incoae persons.
(Land Development Regulations, Section 4.6.20)
Current policy provides for TDRs when the use of the
property advances the goals, objectives, and policies of the
Comprehensive Plan. Developers may be offered development
rights within areas designated on the Land Use Map as
"Redevelopment Areas" and within geographic areas where
height increases are allowed pursuant to LDRs Section 4.3.4
(3)(4) in exchange for development rights of the "regulated"
property. Thus TDR's may be used as a mechanism to achieve
affordable housing.
7. Reduction of parking and set back requirement.. ( Land
Development Regulations, Section 4.6.9(C)
Current regulations require 2 parking spaces per dwelling
unit in Single Family zoning districts. As an incentive to
affordable housing, one of the required parking spaces may
be located within the side set back within one foot of the
property line, provided the impervious area used for parking
is sloped to drain on the lot being developed. This
incentive will provide . a cost reduction of approximately
$500 per unit.
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8. The allowance of zero-lot-line configurations.
(Comprehensive Plan, Housing Element, B-2.3(f))
Current policy provides for a mix of housing types,
including zero lot-line, single family conventional, and
multiple family housing.
9. Modifications to street and sidewalk requirements.
Due to concerns for safety and aesthetics there shall be no
modifications to current regulations governing sidewalks and
streets. In order to address affordability, the City
currently considers on a case by case basis provisions for
funding street and sidewalk requirements.
10. Establish a process by which impact of proposed new
policies, procedures, ordinances, and regulations are
considered prior to approval.
It shall be the long-term function of the Affordable Housing
Advisory Committee along with appropriate staff to serve in
this capacity.
11. Preparation of a printed inventory of locally owned
public lands suitable for affordable housing.
An inventory of locally owned public lands suitable for
affordable housing shall be prepared on or before July 1994.
12. Other:
A. Establish list of properties scheduled for demolition.
The City shall make available to the public a list of
properties scheduled for demolition at least 30 days
prior to demolition. This listing should provide
owners' names and all lien-holders. A cost reduction
of approximately $3000 per unit can be realized in
impact and water connection fees.
B. Solicitation of Assistance to Effect Increases in
Appraisals through the Florida Energy Center.
The City shall request the Florida Energy Center to
take on as a project, tests of energy savings additions
to units which save homeowner dollars. This
effort is for the purpose of the Florida Energy Center
to influence the appraisal industry into recognizing
these measures as added property value.
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c. Reduction ot Landscape Requirements (LDRs Section
4.6.16(H)
Current requirements at Section 4.6.16(H) for Single
Family housing is that 20% of all pervious lot area be
planted in shrubs and ground cover and the remaining
%80 of the area be planted in turf.
In support of projects participating the City's
Affordable Housing Programs the requirements of the
landscape code are to be reduced to allow for only 10%
of the pervious single family lot area be planted in
shrubs and ground cover and that the requirements be
installed in front and sidestreet setbacks. It is
estimated that $1200 would be reduced from the cost of
producing one unit.
D. Waiver ot Requirements ot Final Engineering Plans
Current policy at Section 2.4.3(F) requires that
Engineering Plans be prepared and submitted as
specified by the various regulating agencies, i.e.
utility providers, City Engineer, South Florida Water
Management District and HRS. The requirements for
calculating water drainage and other off-site
improvements for infill lots, particularly where
improvements are in place, shall be waived. A cost
reduction of $1000 is estimated.
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CERTIFICATION TO
FLORIDA HOUSING FINANCE AGENCY
RE: Adoption of Incentive Plan for City of Delray Beach
~ All advisory committee meetings and records were open to the public.
lKJ Notice of the time, date, and place of the public hearing of the advisory committee to
adopt final affordable housing incentive recommendations was published in
THE NEWS , a newspaper of general paid circulation in the county.
IKl The notice contained a short and concise summary of the affordable housing initiative
recommendations to be considered by the advisory committee recommendations could
be obtained by interested persons.
KJ The advisory committee recommendations were approved by an affirmative vote of a
majority of the advisory committee membership taken at a public hearing,
Kl The advisory committee made recommendations on at least the following incentives:
(1) The affordable housing definition in the appointing resolution.
(2) The expedited processing of permits for affordable housing projects.
(3) The modification of impact-fee requirements, including reduction or waiver of
fees and alternative methods of fee payment.
(4) The allowance of increased density levels.
(5) The reservation of infrastructure capacity for housing for very low-income
persons and low-income persons.
(6) The transfer of development rights as a financing mechanism for housing for
very low-income persons and low-income persons.
(7) The reduction of parking and setback requirements.
(8) The allowance of zero-lot-line configurations.
(9) The modification of street requirements.
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Certification
Page 2
(10) The establishment of a process by which a local government considers, before
adoption, policies, procedures, ordinances, regulations, or plan provisions that
have a significant impact on the cost of housing.
(11) The preparation of a printed inventory of locally owned public lands suitable
for affordable housing.
~ The incentive plan was adopted by City of Delray Beach DIIIIl/City
within 90 days after receipt of the affordable housing incentive recommendations from
the advisory committee.
,
0 The incentive plan was adopted within 12 months from the date of adoption of the
SHIP ordinance.
Witness Chief Elected Official
Witness Type Name and Title
Date
OR
Attest:
(Seal)
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SIDP CITY/COUNTY AFFORDABLE HOUSING INCENTIVE PLAN
Transmittal Summary
(To N submittNi with AdoptNi Local Housing Ince1Jlive Plan)
NAME OF LOCAL GOVERNMENf~ ENTITY: City of Delray BeRch
LOCAL CONTACf PERSON: Regenia H. Scott
ADDRESS: 100 N.W. 1st Avenue TELEPHONE: (407) 243-7280
Delray Beach, FL 33444
FAX: (407) 243-7221
INSERT THE FOLLOWING DATES:
(1) INCENTIVE PLAN DUE: 2/23/94
(12 mo1Jl1u ojter adOption of Ordinance cmul"g SHIP Program)
(2) NOTICE OF PUBLIC HEARING PUBUSHED: 2/2~194
(Which hod a summary of 1M planinclud<<l)
(3) PUBLIC HEARING HELD: 3/8/94
(4) INCENTIVE PLAN ADOPTED: 3/8/94'
Section 420.9076 requires the Affordable Housing Advisory Committee appointed by
the governing body of each local governmental entity to review the established policies and
procedures, ordinances, and development regulations, and adopted local comprehensive plan
of the appointing local government and to recommend specific initiatives to encourage or
facilitate affordable housing while protecting the ability of the property to appreciate in
value. Each advisory committee unm make recommendations on a minimum number of
affordable housing incentives as listed below.
To the maximum extent feasible, please indicate the items included in the Affordable
Housing Incentive Plan on the following chart:
a. Whether or not an incentive is included in the Adopted Local Housing
Incentive Plan. If an incentive is currently in effeCt by the local entity t check
wNI A W and attach a copy of the ordinance or enabling document.
b. Thevaiue of the estimated affordable housing cost reduction anticipated from
implementing the specific recommendation.
c. The date by which the local incentive will be implemented, and
d. The page(s) in the plan where it may be located.
TS-l
(07193)
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Incentive Plan Checklist
Page Two
(a) IF YES, PROVIDE:
INCLUDED
y (b) (c) (d)
B N N EST. COST IMPLEMENTATION PAGE
S 0 A REDUCI10N SCHEDULE #(S)
1. The affordable housing x S NLA 1
definition in the appointing N/A
resolution;
*2. Expedited processing of x $ 250-$500' 1
permits for affordable housing Currently in
effect
projects;
3. The modification of impact x S 2,000.00 Currently in 2
fee requirements, including ~ effec t
reduction or waiver of fees and
alternative methods of fee
payment;
4. The allowance of increased x $ Currently in 2
density levels; effect
S. The reservation of x $ Currently in 3
infrastructure capacity for effect
housing for very low-income
persons and low-income persons;
6. The transfer of development x $ Currently in 3
rights as a financing mechanism effect
for housing for very low-income
persons and low-income persons;
7. The reduction of parking and x $ 500 .00 Upon passage 3
setback requirements; of resolution
8. The allowance of zero-Iot-line x $ Currently in 4
configurations; effect
9. The modification of street x $ Currently in 4
requirements; effect
TS-I
(07193)
2
'.
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Incentive Plan Checklist
Page Three
(a) IF YES, PROVIDE:
INCLUDED
Y (b) (c) (d)
E N N EST. COST IMPLEMENT AnON PAGE
s 0 A REDUCTION SCHEDULE #(S)
*10. The establishment of a x $ N/A Upon passage 4
process by which a local of resolution
government considers before
adoption, policies, procedures,
ordinances, regulations, or plan
provisions that have a significant
"- impact on the cost of housing;
and
11. The preparation of a printed x $ N/A Upon passage 4
inventory of locally owned public of resolution
lands suitable for affordable
housing.
are 10
List any other affordable housing incentives identified by the Advisory Committee and
adopted by the local governmental body:
Incentive(s) Estimated Cost Implementation Page
Reduction Schedule #(s)
Establish a list of properties Approximately Upon passage 4
scheduled for demolition $3000 per unit of resolution
(imRact~wftex;)
co nec ees
Solicit ion of assistance to effect unknown at Upon passage 4
inceases in appraisals through the this time
Florida Energy Center of resolution
Reduction of Landscape Requirements $ 1,200.00 Upon passage 5
of resolution
Waiver of Requirements of Final $1000.00 Upon passage 5
Engineering Plans of resolution
--
Anach add",oMl pagu tJS M<<I<<J}
TS-I
(07193)
3
"
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Incentive Plan Checklist
Page Four
Attach a copy of the notice of public hearing published in the local newspaper prior to
the public hearing of the Advisory Committee to adopt the final affordable housing incentive
recommendations. NOTE: The notice must state the time, date, and place of the public
hearing and must contain a short and concise summary of the affordable housing incentive
recommendations to be considered by the advisory committee. It must also state the public
place where a copy of the tentative advisory committee recommendation can be obtained by
interested persons.
............................................................................**
TRANS MITT AL:
Indicate the following items which are attached to this Transmittal Summary:
Summary: , ..~ . Notice of Public Hearing
0 Ordinance or Resolution adopting Local Affordable
Housing Incentive Plan
0 Local Housing Advisory Committee recommendation to local
governing body
lID Local Affordable Housing Incentive Plan
IKJ Certification to Florida Housing Finance Agency
Incentive Plans must be sent by Certified Mail to:
Florida Housing Finance Agency
2574 Seapte Drive
Suite 101
Tallahassee, Florida 32301-5026
...*.***.......*.......*.....*.....*..***********..***.******..*.***.*...*..**
Plans are du~ ~thin, one ,y~ from the date the ordinance creating the local SHIP Program is
adopted by the total govetmng body.
NOTE: Attached ~ ~h~bit A is a sample format for the Advisory Committee to use in
considering each of the local incentives when preparing the recommendation for a Local
Housing Incentive Plan.
TS-l
(07/93)
4
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /~A - I~ L - MEETING OF MARCH 8, 1994
FIRST READINGS/ORDINANCE NO. 7-94 THROUGH ORDINANCE NO.
18-94
DATE: MARCH 4, 1994
All of the twelve (12) ordinances under First Readings pertain to
the City-initiated annexation, small scale land use plan amendments
and establishment of initial zoning for the North Federal Highway
enclaves. They encompass several lots and parcels which are
located on the east and west sides of North Federal Highway, north
of the Delray Swap Shop.
Pursuant to Florida Statute 171.046 (ELMS III legislation passed in
1993) , municipalities are allowed to annex enclaves under ten acres
in size through inter local agreements with the County having
jurisdiction over them. On January 22, 1994, the City Commission
approved the inter local agreement with Palm Beach County. The
Board of County Commissioners will consider the agreement on March
15, 1994. Although the properties would become annexed via the
interlocal agreement, the formal annexation of the properties by
individual ordinance is also being undertaken. The City Commission
initiated this action at its meeting of February 8, 1994.
There is a separate ordinance for each property by ownership. With
one exception, an Annexation Agreement with the affected property
owners is being prepared and will be incorporated into the
ordinance. The one property which will not have an agreement is
vacant (Smith/Lots 1 & lA/Ordinance No. 7-94) . The ordinances and
the corresponding properties are referenced on the map legend. At
the time the agenda was completed, the draft agreements were still
being prepared. They will be provided to you prior to the meeting.
A detailed staff report is attached. The Planning and Zoning Board
formally reviewed these actions on February 28, 1994, and, after
hearing public comments, recommended approval on a 6 to 1 vote
(Carolyn Young dissenting) .
Recommend approval of Ordinance Nos. 7-94 through 18-94, inclusive,
on first reading. I f passed, public hearing ApriL12, 1994-. Clo,ee ECTEO
10 m;:;a!I-I OJ.;;1/ /99 ~
":ft:--; _ 9 Lf ~6-0 Q.6~ LNo ~r.)
ref:agmemo +t: 8 -Cf4 15+ e~ ~~
+heu. -#' 1'8 -94 ~
to ~~to' ~~ ~.
.
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N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
LEGEND
PARCEL ...Q!!QL
A. 7-94
B. 8-94
C. 9-94
D. 10-94
E. 11 -94
F, 12-94
G. 13-94
H. 14-94
I. 15-94
J. 16-94
K. 17-94
L. 18-94
I - ADDRDS NUWSUt
N
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I I lM)O F'[ET
, - SCALf -
crrY OIF DlUtAV KACH. F1...OM)A
JIUNNIC DlPMNE)(T
MoUICH - ... o.M
.
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,
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I' -
I ORDINANCE NO. 7-94
!
!
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF
NORTH FEDERAL HIGHWAY APPROXIMATELY 240 FEET NORTH OF
N.E. 14TH STREET, AND BEING MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID
LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC i
( GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
: REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, R.I. and Darleen M. Smith are the fee-simple owners
of a parcel of land located on the west side of North Federal Highway
approximately 240 feet north of N.E. 14th Street, as the same is more
particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the city,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described 1S
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-S (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation I
i
for the subject property in the City of Delray Beach, Florida, is GC ,
i
(General Commercial); and i
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-S (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
"
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I ... --1
WHEREAS, the City's FLUM designations as initially contained ~
I on the City's Future Land Use Map adopted in November, 1989, and as i
!
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
Lots 1 and lA, DELRAY BEACH ESTATES, as recorded in
Plat Book 21, Page 13, of the Public Records of Palm
Beach County, Florida. --
The subject property being generally located on the
i west side of North Federal Highway, approximately 240
I
feet north of N.E. 14th Street; and containing a 0.528
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shal ~
immediately become subject to :dl of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws t '~,
which lands in the City of Delray Beach are now or may be subject'. ~,
including the Stormwater Management Assessment levied by the C. ~,
pursuant to its ordinances and as required by Florida Statutes Chapt' :-
197, and persons residing thereon shall be deemed citizens of the C' ...
~ ,
of Delray Beach, Florida.
i Section 4. That this annexation of the subject prope r t ': ,
including adjacent roads, alleys, or the like, if any, shall not :
deemed acceptance by the City of any maintenance responsibility for se; ':-,
I roads, alleys, or the like, unless otherwise specifically initiated ' '
i
the City pursuant to current requirements and conditions.
- 2 - Ord. No. 7-94
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Section 5. That the Future Land Use Map designation of
subject property is hereby officially affixed as GC (General
Commercial) .
i Section 6. That the City of Delray Beach elects to make this i
small scale amendment by having only an adoption hearing, pursuant to I
Florida Statutes Section 163.3187(1) (c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach.
I Section 8. That all ordinances or parts of ordinances in
I
conflict herewith be, and the same are hereby repealed.
Section 9. 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 10. That this ordinance shall become effective as
follows: As to the annexation, immediately upon passage on second and
final reading; as to the small scale land use plan amendment and zoning,
upon the issuance of a notice of intent to find the plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the day 0: , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 7-94
,
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. ~N' CITY MANAGER
THRU: D ~ 11M I E~~~ PLANNER
FROM: PAUL DORL~ENIOR PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
ANNEXATIONS, SMALL SCALE LAND USE PLAN AMENDMENTS FROM
COUNTY . CHIS ( COMMERCIAL HIGH INTENSITY-RESIDENTIAL
EQUIVALENT OF S UNITS PER ACRE) AND C\S
(COMMERCIAL-RESIDENTIAL EQUIVALENT OF S UNITS PER ACRE) TO
A CITY FUTURE LAND USE DESIGNATION OF GC (GENERAL
COMMERCIAL) AND INITIAL ZONINGS OF GC (GENERAL COMMERCIAL)
IN PART AND AC (AUTOMOBILE COMMERCIAL) IN PART FOR
ENCLAVES LOCATED ON NORTH FEDERAL HIGHWAY
. .... ..... ....-
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of -
approval on first reading of an ordinance annexing the north
Federal Highway Enclaves, changing the Future Land Use
designations ( County CHIS and CIS to City GC (General
Commercial) and applying initial zoning designations of GC
(General Commercial) in part and AC (Automotive Commercial) in
part.
The petition involves several lots and parcels which are
located on the east and west sides of North Federal Highway
north of the Delray Swap Shop.
B A C K G R 0 U N D:
In 1993, the Florida State Legislature recognized that enclaves can
create significant problems in planning, growth management, and
service delivery, and declared that it is the policy of the State to
eliminate enclaves. To this end, the passage of ELMS III
legislation in 1993 allowed municipalities to annex enclaves under
10 acres in size through interlocal agreements with the County
having juri~diction of the enclave (Florida Statue 171.046). At its
meeting of January 22, 1994, the City Commission considered and
approved the interlocal agreement for annexation of the enclaves.
The Board of County Commissioners will consider the interlocal
agreement at its March 15, 1994 meeting. Although the properties
would become annexed via the interlocal agreement the formal
annexation of the properties by individual ordinance is also being
undertaken.
.
City Commission Documentation
Annexations and Initial Zoning of the Nbrth Federal Enclaves
Page 2
The City Commission initiated the Small Scale Comprehensive Plan
Amendments and initial zonings for the North Federal Highway enclave
area at its meeting of February 8th, 1994.
P_R OJ E C T DES C RIP T ION:
The subject properties include Lots 1, 5, 5.1, 13, 14.2, 16, 30, 31,
32, 37.1, 37, 38, 40, and parcels 504 and 504.1 as indicated on the
Palm Beach County Property Appraisers map. The 15 different lots
and parcels comprise 10 different businesses, 3 residences with
homestead exemptions, 7 other residences, 2 vacant properties, and 6
boarded up structures.
The County's Land Use Designation for Lots 1, 5, 5.1, 40 and parcel
504, & 504.1 is CHIS (Commercial High Intensity - Residential
equivalent of 5 units per acre). The County's land use designation
for the balance of the lots is CIS (Commercial - Residential
equivalent of 5 units per acre). The existing County zoning
designation for all properties is CG (Commercial General).
The proposed Small Scale Land Use amendments will be from the
current County designations of CH\5 and C\5 to the City land Use
designations of GC. The proposed initial City zoning designation is
(GC) General Commercial for all lots and parcels except Lots 14.2
and 16. The proposed initial zoning designation for Lots 14.2 and
16 is AC (Automobile Commercial). See attached maps for specific
identification of the parcels.
The City's current advisory Future Land Use Map (FLUM) designation
for all properties is "General Commercial". This designation is
consistent with CIS (Commercial) and CHIS (Commercial High
Intensity). The City's FLUM designations as initially contained on
the City's Future Land Use Map adopted in November, 1989 (and as
formally subsequently amended) are deemed to be advisory only until
official Land Use Amendments replacing the County Land Use
designations with City Land Use designations are processed.
The Land Use Plan amendments are being processed as Small Scale
Developments pursuant to Florida Statutes 163.3187 (l)(c)(l). This
Statute allows Future Land Use Map amendments that are directly
related to proposed small scale development activities, to be
approved without regard to statutory limits on the frequency of
consideration of amendments (twice a year), subject to the following
conditions:
* The amendment does not exceed either 10 acres of
nonresidential land, or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
owner's property within 200' of property granted a change
within a period of 12 months.
.
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City Commission Documentation
Annexations and Initial Zoning of the North Federal Enclaves
Page 3
The individual enclaves do not exceed the maximum 10 acre limit.
The parcels range in size from .307 to 3.115 acres with a combined
total acreage of 12.155 acres. These parcels combined with other
small scale amenaments processed this year will not exceed 60 acres.
The property has not previously been considered for a land use
amendment, nor has the same property owners been granted a land use
change within 200 feet or within the last year. Thus, these
properties meet the conditions for processing a small scale
amendment.
Individual annexation agreements which specify allowable uses and
required improvements for each of the affected properties have been
negotiated with property owners. These agreements will be adopted
along with the annexation ordinances.
For a full analysis please of the annexation, rezoning, and land use
changes, see the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the annexations,
Small Scale Land Use amendments and initial zoning requests at the
regular meeting of February 28, 1994. Three of the affected
property owners spoke during the public hearing on the item. The
owner of Lots 37 and 38, asked for clarification of required
landscaping and other improvements. Ms. Catapane, owner of Lot 30,
is opposed to the annexation because of the increased costs. She
feels the action should be postponed pending the outcome of State
Legislation to change the enclave provisions. Thomas Schwerin,
(Lots 14.2 & 16) stated that he has had unsatisfactory experience
with City services in the past. After taking public comments the
Planning and Zoning Board recommended approval on a 6-1 vote
(Carolyn Young dissenting).
RECOMMEND E D ACT ION:
By motion, approve the annexation ,Small Scale Land Use Plan
amendments (from County CHIS and CIS to City GC) , and initial
zonings (GC and AC in part) on first reading for each of the North
Federal Highway enclaves.
Attachment:
* P&Z Staff Report & Documentation of 2/28/94
* Maps
* Ordinances by others
t:ccdocfed.doc
, PLANNING AND ZONING BOARt?~___, \ ".~
CllY OF DELRAY BEnCH · I -- ~ .i\FF REPORT -- ---
MEETING DATE: FEBRUARY 28, 1994 ....
AGENDA ITEM: IV. B. r ::
'\
ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENTS, A..'m ZONING FOR
ENCLAVES ALONG NORTH FEDERAL HIGHWAY
GENERAL DATA:
Owners...................14 individual property
owners.
Applicant................David Harden,
City Manager
City of eelray Beach
Location.................South of Gulfstreaa
Boulevard, on the east
and west sides of Federal
Highway.
Property Size............12.16 Acres
City Land Use Plan.......General Commercial
County Land Use Plan.....CH-5 (Commercial High
Intensity with a
residential equivalent
of 5 units/acre) and
C-5 (Commercial with a
residential equivalent
of 5 units/acre)
Current County Zoning....CG (Commercial General)
Proposed City Zoning.....GC - 13 parcels and
AC (Automotive Commercial)
- 2 parcels
Adjacent Zoning...Morth: C-3 (General Commercial
- Boynton Beach) and GC
(Oelray Beach)
East: RS (Singl. Family
Residential - Town of
Gulfstream), GC, and AC
South: GC and AC
West: MIC (Mixed Industrial ~ cm'1M1S
and CommerCial),
CF (Community Facilities),
and RM (Multiple Family
ReSidential - Medium Density)
Existing Land Use........Various commercial and
residential uses, and
vacant land.
Water Service............Existing 12" water main
along the east side of
Federal Highway.
Sewer Servic.....:.......Existing 8" sewer main
along east side of
Federal Highway.
IV.B.
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I T E M 8 E FOR E THE BOA R 0:
-.
The item before the Board is that of making a recommendation on
City initiated annexations [pursuant to Florida Statute 171.046
(2)(a)], Small Scale Land Use Plan amendments from County C\5
(Commercial\residential equivalent 5 units per acre) and CH\5
(Commercial High Intensity \residential equivalent 5 units per
acre) to City GC (General Commercial) and initial zonings of GC
(General Commercial) and AC (Automobile Commercial).
LOR Sections 2.4.5 (A),(C) and (D) provide rules and procedures
for the processing of this petition.
The subject properties are located on the east and west sides of
North Federal Highway north of N.E. 21st Street (extended) and
hereafter referred to as the North Federal Highway corridor.
8 A C K G R 0 UNO:
The North Federal Highway corridor contains a group of County
enclaves which are surrounded by three municipalities, Boynton
Beach on the north, Gulfstream on the east, and Delray Beach on
the south and west. The area has been a subject of concern to
the City for many years. Problems with abandoned buildings,
undesirable uses, drug sales and prostitution have plagued the
area.
The City attempted to annex three areas by referendum in 1985.
Two of those annexations were defeated, one of those being the
North Federal Highway area (from s.w. 8th Avenue north to
approximately Gulfstream Boulevard) . The Ci ty and a group of
concerned citizens (both residents and nonresidents)
subsequently proposed adoption of the Delray Beach Enclave Act
by the Florida State Legislature. During adoption of the act
in 1986, a few areas were specifically excluded. The North
Federal Highway corridor, from Delray Drive-in north, in which
these annexations are proposed is one of those areas; the other
is the Hardrives property on South Congress Avenue. The
unincorporated area south of the Drive-in was subject to the
Enclave Act and was annexed into the City in December 1988.
In early 1989 the City desired to annex the remaining properties
in the North Federal Highway corridor to square off the City
boundary, eliminate unincorporated properties, and affect
positive socioeconomic change in the area through increased code
and law enforcement activities. An annexation strategy was
devised to facilitate voluntary annexation of the 31
unincorporated lots within the North Federal Highway corridor,
On February 28, 1989 the City Commission provided direction to
the administration to proceed with the voluntary annexations.
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P&Z Staff Repod
North Federal Highway Annexations
Page 2
In March, 1989 the unincorporated property owners were asked to
join in on a voluntary annexation of their properties which
included a waiver of annexation fees. Sixteen lots were
included in the ensuing annexation (7 lots via water service
agreement, 8_ lots via voluntary annexations, and 1 city owned
lot - bookstore)~ The Planning and Zoning Board considered and
recommended approval of the annexations on July 17, 1989. The
City Commission approved the annexations on first reading on
July 25, 1989 and on second reading on August 22, 1989 via
Ordinance 43-89 and 49-89 (Bookstore).
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
State to eliminate enclaves. To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex enclaves
under 10 acres in size through interlocal agreements with the
county having jurisdiction of the enclave (Florida Statue
171.046) .
An interlocal agreement for the North Federal enclaves was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with the
owner of the Delray Swap Shop property. These discussions have
been pursued and annexation of the Delray Swap Shop is being
handled by separate annexation agreement. At its meeting of
January 11, 1994, the City Commission considered and approved
the interlocal agreement for the enclaves. The Board of County
Commissioners will consider the inter local agreement at its
March IS, 1994 meeting.
Although the properties would become annexed via the interlocal
agreement the formal annexation of the properties is being
undertaken. The City Commission initiated associated Small
Scale Comprehensive Plan Amendments and initial zonings at the
meeting of February 8, 1994. The annexations, small scale
amendments and initial zonings for the enclaves on North Federal
Highway are now before the Board.
PROJECT DES C RIP T ION:
The subject properties includes lots 1, 5, 5.1, 13, 14.2, 16,
30, 31, 32, 37.1, 37, 38, 40 and parcels 504 & 504.1 as
indicated on the Palm Beach County property appraisers maps.
The 15 different lots and parcels comprise 10 different
businesses, 3 residences with homestead exemptions, 4 other
residences, 2 vacant properties and 6 boarded up structures.
See the attached map for the specific identification of the
parcels. See the attached maps for the specific identification
of the parcels.
The proposed Future Land Use designations for all 15 lots and
parcels is General Commercial. The proposed initial zoning
designation is GC (General Commercial) for all lots and parcels
except Lots 14.2 and Lot 16. The proposed initial zoning
designation for Lots 14.2 and 16 is AC (Auto Commercial).
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P&Z Staff Report
North Federal Highway Annexations
Page 3
The area being annexed will include the adjacent 1/2 of Federal
Highway right-of way and the adjacent full right-of-way of the
adjacent Dixie Highway.
-A N-N E X A T ION A N A L Y S I S:
Florida Statutes Governinq Annexations:
Pursuant to Florida Statute 171.046 "Annexation of Enclaves"
( 1) The Legislature recognizes that enclaves can create
significant problems in planning, growth management, and
service delivery, and therefore declares that it is the
policy of the state to eliminate enclaves.
(2 ) In order to expedite the annexation of enclaves of 10
acres or less into the most appropriate incorporated
jurisdiction, based upon existing or proposed service
provision arrangements, a municipality may:
(a) Annex an enclave by interlocal agreement with the
county having jurisdiction of the enclave; or
(b) Annex an enclave with fewer than 25 registered voters
by municipal ordinance when the annexation is approved
by a referendum by at least 60 percent of the
registered voters who reside in the enclave.
The subject enclaves are in the City's utility service area and
the City has chosen option 2 (a) to annex the properties. The
City Commission approved an interlocal agreement between the
City and Palm Beach County at the January 11, 1994 meeting. The
Board of County Commission will hear the inter local agreement
request at it's March 15,1994 meeting. Although pursuant to
Florida Statute 171.046 the properties under the interlocal
agreement would appear to be annexed upon approval of the
inter local government, the formal annexation of the lots and
parcels is being undertaken.
Pursuant to F.S. 171.043 a municipal governing body may propose
to annex an area only if it meets the general standards of F.S.
171.043 (1)&(2);
( 1) The total area to be annexed must be contiguous to
the municipality's boundaries at the time the
annexation proceeding is begun and reasonably compact,
and no part of the area shall be included within the
boundary of another municipality.
(2 ) Part or all of the area is to be developed for urban
purposes. An area developed for urban purposes is
defined as any area which meets the following
standards;
It is so developed that at least 60 percent of
the total number of lots and tracts in the area
P&Z Staff Report
North Federal Highway Annexations
Page 4
at the time of annexation are used for urban
purposes, and it is subdivided into lots and
tracts so that at least 60 percent of the total
- acreage, not counting the acreage used at the
time of annexation for nonresidential urban purposes
consists of lots of 5 acres or less in size.
The total area is contiguous to the City boundaries, reasonable
compact, and is not in the boundaries of another municipality
and meets the definition of developed for urban purposes.
Land Oevelopment Requlations governing annexations:
Pursuant to Land Development Regulation Section 2.4.5 (C)(1)
"the City can initiate an annexation of private property
pursuant to Florida Statutes".
COM PRE HEN S I V E P LAN A N A L Y S I S:
Consistency between the city and County Land Us. Map
Designations:
The City's current Future Land Use Map designation for all
properties is "General Commercial". The County's Land Use
Designation for Lots 1, 5, 40 and parcel 504, & 504. 1 is
CHIS (Commercial High Intensity - Residential equivalent of
5 units per acre). The County' s land use designation for
the balance of the lots is CIS Commercial - Residential
equivalent of 5 units per acre.
The City's "General Commercial" Land Use Designation is
consistent with CIS (Commercial) and CHIS Commercial High
Intensity ) . The City's FLUX designations as initially
contained on the City's Future Land Use Map adopted in
November, 1989 ( and as formally subsequently amended) are
deemed to be advisory only until an official Land Use
Amendment is processed.
Adjacent Land Use Map designations and Land uses:
The surrounding Land Use Map designations to the west are
Commerce, Community Facilities, and Medium Density
Residential (City) and to the east is Low Density
Residential (Town of Gulfstream) . The land use
designations to the south are General Commercial and
General Commercial with a Large Scale Mixed Use overlay
(City) and Commercial to the north (Palm Beach County).
.
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P&Z Staff Report
North Federal Highway Annexations
Page 5
The existing Land Uses are "Residential" (Place Au Soleil)
to the east, commercial uses (Delray Swap Shop and Kentucky
Fried Chicken restaurant) to the south, commercial uses
(Mahady office building and a vacant garage operation) to
the north, and industrial, community facility and
residential (warehouse, Atlantic High School and
multiple-family residential) uses to the west.
Consistency with the City's Comprehensive Plan:
Designated Annexation Area: The territory to be annexed is
located wi thin "designated annexation area No. 1" on the east
and west sides of North Federal Highway north of N.E. 21st
Street ( extended) . Annexation of the territory is consistent
with Policy B-3. 4 of the Future Land Use Element, which calls
for annexation of eligible properties.
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.l). The following is a
discussion of required services and the manner in which they
will be provided.
Police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue 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 more manpower
to respond in this area; as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently pass the
property while patrolling areas of the City to the south, east,
and west of the enclaves.
Fire and Emergency Services: The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No. 1 (West Atlantic Avenue).
With annexation, the property will receive an improvement in
response time from the current 8 1/2 minutes of the County Fire
Department (Indiansprings Station / Military Trail & Gulf Road)
to approximately 4 minutes for the City's Fire Department (Fire
Station No .1 West Atlantic Avenue).
-
-
0
P&Z Staff Report
North Federal Highway Annexations
Page 6
Water: A 12" water main exists along the east side of Federal
Highway and extends north to Gulfstream Boulevard. As part of
scheduled Enclave Phase 2 improvements, which are scheduled to
commence coqstruction on March 1, 1994, an 8" water main is to
be extended west- along Gulfstream Boulevard past Dixie Highway.
At Dixie Highway an 8" main will be installed south along the
east side of Dixie Highway connecting with an existing 8" main
located at the Kentucky Fried Chicken Restaurant.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants which where installed with the
water main. While the maximum 300' commercial spacing is
not met in certain areas, the required spacing will be achieved
as a condition of new development and redevelopment. A maximum
fire hydrant spacing of 300' will be provided along Dixie
Highway as a part of water main improvements associated with the
Enclave Phase II improvements.
Sewer: A 10" gravity sewer main runs along the east side of
Federal Highway from Gulfstream Boulevard south to the Swap
Shop. At that point the main extends under Federal Highway and
into Lift station lOA located north of the Kentucky Fried
Chicken Restaurant. The sewage is then transported via a 6"
force main north and west into a manhole at the northeast corner
of the Seacrest Park subdivision. The Enclave Phase II
construction will include installation of an 8" sewer main along
Dixie Highway from Gulfstream Blvd. south to the Kentucky Fried
Chicken Restaurant. With the installation of this improvement
sewer service will be available to all enclaves.
In reviewing the sewer mains within the North Federal Annexation
area, it is noted that a portion of the existing 8" sewer main
extends across Lots 1-4 for which no easement is in place. With
future development on these parcels easements should be
obtained.
streets: Enclaves within the North Federal Highway Annexation
Area have direct access from two roadways, Federal Highway and
Dixie Highway.- Federal Highway is under the jurisdiction of the
FDOT (Florida Department of Transportation) and Dixie Highway is
under the jurisdiction of the City of Delray Beach. The
jurisdictional responsibility and the associated maintenance
responsibility will not change for either street upon
annexation.
Parks and Open Space: The annexation of the commercial
properties will not create additional impacts on park and
recreational facilities. It is noted that the enclaves contain
a few residential uses which will have little significance on
park demands. No park deficiencies are noted for this area in
the plan.
0
P&Z Staff Report -
North Federal Hignway Annexations .
Page 7
Financial Impacts,
Effect Upon Annexed Property:
For the 1!f93 tax year the Federal Highway Enclaves had a
combined assessed value of $2,770,721.00. There are three
properties (lot 5.1, 14.2, & 37.1) which qualify for a homestead
exemption representing a reduction in taxable assessed value of
$75,000 leaving a net taxable value of $2,695,721.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire IRescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
---------
4.9884 Difference.
. Total tax millage in the County is 20.0772 mills while in
the City the total millage rate is 25.0656 mills.
The tax increase for the individual enclave property owners will
range from $252.97 (Lot 5.1) to $2,038.49 a year (Lot 38).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $ 2,577.76 based upon the combined impervious area
of the buildings parking areas etc. Properties within the North
Federal Highway area do not qualify for the 25' discount for
private streets or 25' discount for being within the L.W.D.D.
The yearly storm water assessment fee for the enclave properties
will range from approximately from $17.11 (Lot 1) to $327.15
(Lot 38).
Solid Waate Authority - The North Federal Highway area is
currently serviced by South Florida 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 an exclusive franchise 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". The annexation will be
consummated prior to the minimum six month period so the waste
service provider will change with the annexation.
P&Z Staff Report
North Federal Hignway Annexations .
Page 8
The flat rates for commercial properties will remain the same at
.064 per sq. ft. of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary deRending on dumpster size and frequency of pick up.
Residential. rates will increase from the current $129.00 to
$161.64 (a difference of $34.64 a year).
Water/Sewer Rate Reductions - Two properties (Lot 40 & Lot 30)
have municipal water and sewer. These properties are charged
out-of-city water and sewer rates which contain a 25' surcharge.
Upon annexation, both the properties receive an average
reduction of $7.55 a month or $ 90.60 annually in their combined
utility bills (based on their unit average of 2,000 gallons per
month) .
Occupational License Fees - Upon annexation the businesses will
require City of Delray Beach Occupational licenses. These
licenses will be in addition to the current County licenses.
The City licence fees will range from $80.00 for antique and
retail stores, $100.00 for business offices, $150.00 for auto
sales, to $150.00 (clothing only) and $375.00 (furniture) for
second hand sales.
Resulting Impacts to Property Owners:
TABLE A
IMPACT ON PROPERTIES IN FEDERAL HIGHWAY CORRIDOR
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(1993/94 county rate 20.0772 mills/ City 93/94 rate
of 25.0656 mills. Difference of 4.9884 mills.
Property Ass.value County City Difference
Lot 1 $93,632 $1,879.86 $2,346.94 $ 467.08
Lot 5 $75,050 $1,506.79 $1,881.17 $ 374.38
Lot 5.1 $75,710* $1,018.11 $1,271.08 $ 252.97
Lot 13 $161,344 $3,239.34 $4,044.18 $ 804.84
Lot 14.2 $200,000* $3,513.51 $4,386.48 $ 872.97
Lot 16 $352,500 $7,077.21 $8,835.62 $1758.41
Lot 30 $145,929 $2,929.84 $3,657.80 $ 727.96
Lot 31 $137,410 $2,758.81 $3,444.26 $ 685.45
Lot 32 $194,466 $3,904.33 $4,874.40 $ 970.07
Lot 37 $118,350 $2,376.14 $2,966.51 $ 590.37
Lot 37~1 $174,273* $2,996.98 $3,741.62 $ 744.64
*homestead exemotion
.
P&Z Staff Report
North Federal Hignway Annexations
Page 9
TABLE A
IMPACT ON PROPERTIES IN FEDERAL HIGHWAY CORRIDOR (CONT)
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES -
(1993/94 county rate 20.0772 mills/ City 93/94 rate
of 25.0656 mills. Difference of 4.9884 mills.
Property Ass.value County City Difference
Lot 38 $408,647 $8,204.49 $10,242.98 $2038.49
Lot 40 $327,558 $6,576.45 $8,210.44 $1633.99
Parcel 504 $173,955 $3,492.53 $4,360.29 $ 867.76
Parcel 5041 $131,897 $2,648.12 $3,306.08 $ 657.96
NON AD VALOREM
Yearly Yearly
Property Stormwater Assessment Sewer & Water saving
Lot 1 (0%> $17.11 NA
Lot 5 (100%> $144.99 NA
Lot 5.1 (50%> $72.22 NA
Lot 13 (70%> $295.07 NA
Lot 14.2 (65%> $319.24 NA
Lot 16 (5%> $48.72 NA
Lot 30 (70%> $175.86 $90.60
Lot 31 (70%> $201. 87 NA
Lot 32 (70%> $227.56 NA
Lot 37 (0%> $18.14 NA
Lot 37.1 (35%> $85.79 NA
Lot 38 (60%> $327.15 NA
Lot 40 (35%> $216.36 $90.60
parcel 504 (50%> $150.66 NA
Parcel 5041 (75%> $277.02 NA
( > approximate percent impervious
.
.
P&Z Staff Report
North Federal Hignway Annexations -
Page 10
SERVICE CONSIDERATIONS:
-
FIRE RESPONSE + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
EMS + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active verses reactive
opportunity to work with
property
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the properties
will generate approximately $21,565.77 in ad valorem taxes per
year. These properties are wi thin the Community Redevelopment
Area and as such the City will receive taxes on the value of the
property in the base year 1985 in which the CRA was established.
Ninety five percent of all subsequent increases in property
vaules would be paid to the CRA as Tax Increment Financing.
While the 1985 property values are not yet available they are
anticipated to be fairly close to the current values.
The enclave properties contain some residential units ( Lot 5.1,
Lot 14.2, Lot 30, Lot 37.1 Lot 40) . Lots 5.1, 14.2 and 37.1
qualify for homestead exemptions. The annexation of the area
will add approximately 6 full time residents to the City. This
population is calculated using the 2.17 (City average persons
per household) multiplied by the number of homestead exempted
properties). The increase of 6 persons will resul t in a per
capita revenue gain of approximately $541.68 ($90.28 per
person) . The major sources of per capita reimbursements are
from cigarette tax, sales tax, and state revenue sharing funds.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($ 2,577.76
annually) as well as occupational license fees (approximately
$1,180 annually) , utility taxes (9.5% electric, 7% telephone)
and franchise fees on electric, telephone and cable.
TheCi ty Utility Fund will realize a revenue loss of $181. 20
with the elimination of the City water and sewer 25% surcharge
assessed on ~ut-of-city utility users.
.
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P&Z Staff Report
North Federal Hignway Annexations
Page 11
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
.-
GENERAL FUND
AD VALOREM TAXES $21,565.77
PER CAP REIMBURSEMENTS: $541. 68
UTILITY TAXES:
Electric (1): NA
Natural gas (2): .00
Phone (3): +$276.70
FRANCHISE FEES:
Electric (4): NA
Phone (5): +$39.53
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE .
.
+$1,180.00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS:
Stormwater Assessment +$2,577.76
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water&Sewer Utilities (8) -$181.20
ANNUAL TOTAL: +$26,000.24
NA - Data not available
(1) Electric Utility Tax based on 9.5% conunercial
(2) Natural Gas Utility Taxes are based on 8.5 % of Gas bill
(3) Phone Utility Taxes are based on 7% of phone bills -
business accounts are a minimum of $36.60 I residential
acc. minimum $25.00
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P&Z Staff Report
North Federal Hi~.lway Annexations
Page 12
(4) Electric Franchise fees based on 6% of FPL bills
(5) Phone Franchise fee based on l' of phone bill
(6) Natural Gas Franchise fees are based on 5 , of gas bill
(7) Cable Franchise Fees are based on 3' of cable bill
(8) Represents loss of 25% surcharge assessed out of City
utility users
Z 0 N I N G A N A L Y S I S:
The proposed initial City zoning of the all enclaves with the
exception of Lots 14.2 & Lot 16 is GC (General Commercial). The
proposed initial zoning for Lots 14.2 and 16 is AC (Auto
Commercial). The current County zoning designations for all of
the enclaves is CG (Commercial General).
The surrounding zoning designations are MIC (Mixed Industrial
Commercial), CF (Community Facilities) and RM (Residential
Medium Density) to the west, GC (General Commercial) and AC
(Auto Commercail) to the south, CG (Commercial General-County)
to the north and RS (Residential Single Family- Gulfstream) to
the east.
The City zoning designation of General Commercial and Auto
Commercial are similar to the existing County designations and
represents the prevailing use of the properties. Upon
annexation only the City zoning designation is applicable.
R E QUI RED FIN DIN G S: (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. Thi. may
be achieved through information on the application, the Staff
Report or Minute.. Findings shall be made by the body which has
the authority to approve or deny the development application.
The.e findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land us. designation.
The proposed GC and AC zoning designations are consistent with
the underlying "General Commercial" Land Use Designation.
.
P&Z Staff Report
North Federal Hi~alway Annexations
Page 13
To determine if the uses are allowed in the proposed zoning
districts, on-site visits of the enclave area were undertaken
and the following existing uses were identified;
-
Parcel 504 - Antique shop, and weekend parking lot for
swap shoPI A.a44.J&-lz.J WI.d-.
Parcel 504.1 Warehouse
Lot 40 Antique shop , 1 single family residential
unit.
Lot 38 4 buildings all of which appear to be
commercial ( f lea market) ~ "UoHh....flA..P ~ .
Lot 37.1 Store (Bushley religious supplies) and
attached residential unit.
Lot 37 vacant
Lot 32 2 office units (O'Brien Suiter and O'Brien) 1
storage building and a boarded-up residential
unit.
Lot 31 3 buildings boarded-up
Lot 30 2 buildings - commercial stores and a
residential unit
Lot 14.2 1 commercial building with sale of used cars
on front half. On the west one half of lot
14.2 residential uses consisting of 1 mobile
home, three campers, 4 houses.
Lot 16 1 commercial building, sale of used
cars and trucks (passenger) , RVs, campers,
mobile homes, on approximately the front 1/3
and storage of inventory on west 1/4
Lot 13 Vacant residential unit and vacant motel
building containing 6 units.
Lot 5 Used car sales
Lot 5.1 1 residential unit.
Lot 1 Vacant
Under the GC zoning designation some of the existing uses will
be nonconforming. These will include the auto sales use on lot
5.1, warehouse use on lot 504.1, and single family detached
units which are not accessory to commercial uses (Le for
residence by either the business owner, employees or
proprietors). Residential uses exist on lots 5.1, 14.2, 30,
37.1, and lot 40. However, at least two of the residential
units are considered conforming as the owner of the business on
Lot 37.1 (Edgar Bushley) and Parcel 504 ( Marilyn Carr) resides
on site.
Under the AC zoning designation proposed for Lots 14.2 and Lot
16, the existing mobile home sales and the residential uses will
become non-conforming.
Upon annexation, these nonconforming uses and will be allowed to
continue pursuant to the non-conforming regulations (LDR Section
1.3.5) . In summary, Section 1.3.5 allows a nonconforming use to
continue as long as it is not discontinued or abandoned for a
continuous period of 180 days.
.
. -1
P&Z Staff Report
North Federal Hi~alway Annexations
Page 14
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of existing
development. There will be no changes in the manner that
drainage and solid waste services will be provided.
Changes in water and sewer services will result from the
proposed installation of municipal mains. Fire, Police,
and EMS will shift to a different provider; however, all
these services will be enhanced (see annexation analysis
for details).
Compliance with Land Development Regulations:
Upon annexation the existing buildings will come under the
development regulations of the City. Compliance with the
perimeter landscape requirements adjacent all rights-of way ie
Federal Highway and Dixie Highway and the City sign code will be
required upon annexation. Any future modifications to the
sites must comply with the all regulations of the City's Land
Development Regulations.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply are as
follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The area is not a designated residential area, thus
this standard does not apply.
B) Performance Standard 3.3.2(D) states: That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed, or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
.
.
P&Z Staff Report
North Federal Hi~a1way Annexations
Page 15
The initial zoning designations represent the existing
commercial land uses or the most appropriate future
development direction. The commercial zoning
designations are compatible with adjacent commercial
uses.
Pursuant to Section 2.4.5(D)(1), a justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The Code further
identifies certain valid reasons for approving the change
being sought.
As this zoning petition involves initial zoning
designations to be assigned to properties being
annexed, the above section does not apply.
REV I E W B Y o THE R S:
COMMUNITY REDEVELOPMENT AGENCY:
The proposed annexation is in the Community Redevelopment Area.
The Community Redevelopment Agency considered the request at
its meeting of February 10, 1994 and had no comments.
COUNTY NOTICE:
On February 9, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date,
a response has not been received. The County will consider a
related interloca1 agreement to annex the properties at the
Board of County Commissioners meeting of March 15, 1994.
PUBLIC NOTICE:
Certified letters of the public hear ing were sent to property
owners of all enclaves proposed for annexation. In addition
notice to all properties within 500 feet was given. Courtesy
notices were also sent to Deborah Dowd (Northeast Neighborhood),
and Robert Dittman, Stanley Milosky, Loren Shaffer of the North
Federal Highway Task Team.
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of these properties and affixing
initial City zoning designations of GC and AC is consistent with
the City's program for annexation of territory within its
Planning and Service Area. In addition, the annexations will
eliminate enclaves, which is the policy of the State under the
new Elms III legislation.
The annexed areas will experience an increase in taxes and
stormwater assessment fees. However, with the increased taxes
and fees will come better Police, Fire, EMS and Code Enforcement
services.
P&Z Staff Report ~
North Federal Hi',:,dwolay Annexations
Page 16
The City will receive revenue from additional property taxes,
stOrJDWater assessment fees, per capita reimbursements and
associated utility taxes and franchise fees.
There will De a slight decrease in revenue of $ 181.20 in sewer
and water utility fees, however the increase in revenues will
result in a net increase to the city of approximately $26,000.24
a year.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation, small scale land use
amendment from CH\5 and C\5 to GC and initial zoning
of GC (General Commercial), and AC (Automobile Commercial).
C. Recommend denial of the Annexation andlor initial zonings
with the basis stated.
S '1' A F F R E COM MEN D A '1' ION:
Recommend approval of this annexation, small scale land use
amendment from CHIS and CIS to GC and initial zoning of GC
(General Commercial) and AC (Auto Commercial) for lots 14.2 & 16
upon positive findings with respect to Section 3.1.1, Section
3.3.2 and policies of the Comprehensive Plan and the following:
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.
po/reel.ooc
.
,
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PROPOSED FOR ANNEXATION
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