05-03-94 Regular
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DElR;\Y, BE,~p~
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING AI~America City
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MAY 3. 1994 - 6:00 P.M./PUBLIC HEARING - 7:00 P.M.
COMMISSION CHAMBERS
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The Ci ty 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. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on iiems
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2 . SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
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City Commission
Regular Meeting
05/03/94
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 April 12, 1994
6. Proclamations:
A. National Preservation Week - May 8 through 14, 1994
B. U.S. Naval Sea Cadet Corps Month - May, 1994
7. Presentations:
A. Resolution No. 37-94: A resolution recognizing and commending
Fire Chief Kerry Koen.
B. South County Boys and Girls Club - Dwayne Hetherington
C. Waste Management, Inc. - Andy Plucinski
8. Consent Agenda: City Manager recommends approval.
A. DELRAY BEACH SOAP BOX DERBY: Approve a request from the South
Florida Soap Box Derby to close Linton Boulevard between U.S.
Highway #1 and AlA on Saturday, May 21, 1994, for the "All
American" Soap Box Derby Rally and Saturday, June 25, 1994 (or
rain date of June 26th) for the Delray Beach Soap Box Derby,
from approximately 5:00 a.m. until the conclusion of the races¡
together with related requests for use of City property and
overtime for Parks personnel.
B. GRANTING OF EASEMENT TO FLORIDA POWER & LIGHT: Grant an
easement along N.W. 1st Avenue to Florida Power & Light to
accommodate the relocation of the utility pole located on N.W.
1st Avenue adjacent to the tennis center.
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City Commission
Regular Meeting
05/03/94
C. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/FUNDING FOR
CONSTRUCTION OF S.W. 10TH STREET AND S.W. 10TH AVENUE: Approve
an Interlocal Agreement with Palm Beach County concerning the
County's participation in the construction of S.W. 10th Street
and S.W. 10th Avenue through funding in the amount of $278,000
(refund of Builder's Square traffic impact fees).
D. REMOVED
E. TEMPORARY USE PERMIT/CYSTIC FIB~OSIS FUND RAISER: Approve a
temporary use permit for the Cystic Fibrosis Foundation to hold
a charity softball game at Miller Park on Sunday, May 15, 1994,
from 6:30 p.m. to 8:30 p.m.
F. AUTHORIZATION TO SUBMIT CERTIFICATION OF ELIGIBILITY FOR GRANT
FUNDING/CHILDREN'S SERVICES COUNCIL: Authorize staff to submit
a certification of eligibility for grant funding in the amount
of $165,420.00 to the Children's Services Council for the
City's After School Program.
G. REJECTION OF GRANT AWARD: Reject grant award from the National
Recreation Trails Funding Program in the amount of $2,607.80
for the Leon Weekes Preserve trail project.
H. FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO. 5/ECKLER
ENGINEERING: Approve final payment in the amount of $868.28 to
Eckler Engineering for consulting services in conjunction with
the preparation of a Preliminary Study and Report for the
Rehabilitation of Lift Stations 3, 9, 10, 15, 50, 83 and 105 as
authorized under Service Authorization No. 5¡ with funding from
Renewal & Replacement/Lift Station Conversion to Submersible
(Account No. 442-5178-536-61.83).
I. FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO. 4/GEE & JENSON:
Approve final payment in the amount of $719.18 to Gee & Jenson
for preliminary work on the Pompey Park Pool and Bath House
Project as authorized under Service Authorization No. 4¡ with
funding from General Construction Fund - Pompey Park Pool
(Account No. 334-4170-572-63.45).
J. FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO. 5/GEE & JENSON:
Approve final payment in the amount of $814.93 to Gee & Jenson
for preliminary work on the East Atlantic Avenue Beautification
Project as authorized under Service Authorization No. 5¡ with
funding from Decade of Excellence Phase II - Beautification!
Atlantic Avenue to Ocean (Account No. 228-4141-572-61.73).
K. DEDUCT CHANGE ORDER 11 AND FINAL PAYMENT/B.K. MARINE
CONSTRUCTION. INC.: Approve Deduct Change Order # 1 in the
amount of $1,309.69 and final payment to the contract with B.K.
Marine Construction, Inc. for work at the Lake Shore Drive
Bulkhead Project. Final payment, including Change Order #1, is
in the amount of $10,292.31¡ with funding from Stormwater -
Lake Shore Retainage Wall (Account No. 448-5461-538-62.25).
L. AWARD OF BIDS AND CONTRACTS:
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City Commission
Regular Meeting
05/03/94
1. Bid Award - Landscape Maintenance for George Bush
Boulevard and West Atlantic Avenue - to low responsive
bidder Luis Cintron's Lawn Service Inc. , at estimated
annual cost of $24,444.00; with funding from
Beautification Trust Fund - Repair and Maintenance
(Account No. 119-4144-572-46.40).
2 . 'Bid Award - Annual Contract for Printing Services
(letterhead stationary, envelopes, business cards for
inventory) - to Business. Printing Services, at an
estimated annual cost of $20,136.00¡ with funding from
various departmental office supply accounts.
3. Bid Award - Alleyway Reconstruction Proj ect - Central
Business District Alley Reconstruction Project - Chaz
Equipment in the amount of $709,235.75¡ together with
deduct Change Order No. 1 in the amount of $110,720.50,
which reflects the deletion of a portion of the sewer
reconstruction scope that is included in the original
bid/contract¡ revised total contract amount $598,515.25;
with funding from Water/Sewer Renewal and Replacement
(Account No. 442-5178-536-61.47) and Decade of Excellence
(Account No. 228-3462-541-61.47).
4. Bid Award - July 4th Fireworks - to Grucci Fireworks in
the amount of $24,OOO.00¡ with funding of City's share
($8,000.00) from Special Events - Fireworks (Account No.
115-0000-234-83.00). The News of Delray will fund the
remaining $16,000.00.
5. Contract Amendment to Janitorial Services Contract with
Coastal Building Maintenance Corp. (Bid #92-75) to include
the Police Department facility at a cost of $2,400.00 per
month, or a total of $16,800.00 for the term of the
contract (November 30, 1994) . Funding will come from
salary savings/Custodian III position and will be
available from Janitorial Service (Account No. 001-2111-
521-34.10) pending budget transfer from Salaries.
6. Purchase Award - Engine Analyzer with Portable Scanner for
Fleet Maintenance Facility from Snap-On Tools Corporation
(sole source) at a total cost of $19,392.00¡ with funding
from Garage - Other Machinery/Equipment (Account No. 501-
3311-591-64.90).
7. Purchase Award - Vehicle Alignment Equipment for the Fleet
Maintenance Facility from Coastal Automotive Equipment
(sole source) at a cost of $17,286.00; with funding from
Garage - Other Machinery/Equipment (Account No. 501-
3311-591-64.90).
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by
the Planning and Zoning Board, Site Plan Review and Appearance
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City Commission
Regular Meeting
05/03/94
Board and the Historic Preservation Board during the period
April 18, 1994 to April 29, 1994.
B. STANDARD DEPARTMENT HEAD AGREEMENT: Consider the proposed form
for a standard Department Head Agreement outlining terms and
conditions of employment with the City of Delray Beach.
C. REOUEST FOR FUNDING/-DIRECTIONS '94-: Consider a request from
the Palm Beach County Municipal League to make a financial
contribution in the amount of $2~0.00 in support of "Directions
'94" strategic planning forum. Funding is available from Other
Grants & Aid (Account No. 001-6311-572-83.01), subject to
approval of related budget transfer.
D. GOLF COURSE CLUBHOUSE COST ESTIMATES: Consider revised cost
estimates and revised plans for the Golf Course Clubhouse
project.
E. REOUEST FOR DIRECTION/FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION DELEGATION OF LANDSCAPE PERMITTING AUTHORITY TO PALM
BEACH COUNTY: Consider whether or not to "opt in" to any
delegation of FDEP permitting authority to DERM, and provide
direction as to support of Palm Beach County requesting
delegation of permitting authority from FDEP.
F. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH IBF&O:
Consider ratification of a Collective Bargaining Agreement with
the International Brotherhood of Firemen & Oilers (IBF&O),
Local 1227, for the two year period October 1 , 1993, through
September 30, 1995.
G. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH
PROFESSIONAL FIRE FIGHTERS OF DELRAY BEACH: Consider
ratification of a Collective Bargaining Agreement with the
Professional Fire Fighters of Delray Beach (Local 1842, IAFF) ,
for the two year period October 1, 1993, through September 30,
1995.
H. FINAL PLAT I HANCOCK SUBDIVISION: Consider a request for
approval of the final plat for the Hancock Subdivision, a
proposed two lot subdivision located at 622 North Ocean
Boulevard.
1. REOUEST FOR REHEARING ON SIGN CODE WAIVER/BORROW BROTHERS:
Consider a request from Borrow Brothers to rehear a sign code
waiver to allow a 65 sq. ft. flat wall sign instead of the 54
sq. ft. sign allowed by the LDRs at Section 4.6.7(E)(7). Site
Plan Review and Appearance Board (3-2 vote) recommended
approval, subject to conditions¡ staff recommended denial.
City Commission, on February 8, 1994, denied the waiver.
J. REOUEST FOR RELEASE OF LIEN/BAKER PROPERTY AT 308 N.W. 1ST
STREET: Consider a request to release a demolition lien in the
amount of $2,409.00 assessed against property addressed as 308
N.W. 1st Street.
K. REMOVED
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City Commission
Regular Meeting
05/03/94
L. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint an al terna te member to the Public Employees Relations
Commission to a term ending April 11 , 1998.
M. CHANGE ORDER NO. 8/CHAZ EOUIPMENT CO.. INC. : Consider Change
Order· No. 8 in the amount of $128,068.30 and a time extension
of thirty (30) days to the contract with Chaz Equipment Co. ,
Inc. for Gleason Street paving and drainage improvements as
part of the Roadway Reconstruction Plan (Projects East of the
Intracoastal)¡ with funding from"Decade of Excellence Phase II
- Street Reconstruction (Account No. 228-3162-541-61.19) .
N. PURCHASE AWARD/CARS AND TRUCKS: Consider the purchase of three
cars and two trucks under State contract; with funding from
Garage - Vehicle Replacement - Automotive (Account No.
501-3312-591-64.20).
O.<f P. - S E..~ ADIJEnDA
10. Public Hearings:
A. ORDINANCE NO. 26-94: An ordinance changing the Future Land Use
Map designation (or affixing official land use designations)
from County MR-5 to the following City designations: Open
Space, Low Density Residential, Medium Density Residential and
Commercial Core, for Blood's Hammock Groves, located east of
Military Trail on the south side of Linton Boulevard. This is
FIRST Reading of the ordinance.
B. TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 94-1:
Authorize transmittal of Comprehensive P Ian Amendment 94-1 to
the Department of Community Affairs for State review.
C. ORDINANCE NO. 20-94: An ordinance which provides for
establishment of the Kids and Cops Committee as an Advisory
body to the City Commission. The ordinance would exempt Kids
and Cops Committee members from the current term limits of two,
two-year terms.
D. ORDINANCE NO. 22-94: An ordinance repealing Chapter 53,
"Industrial and Commercial Waste", and Chapter 54, "Sewers", of
the Code of Ordinances, and enacting a new Chapter 53,
"Residential, Industrial and Commercial Waste II , to bring the
City into compliance with Environmental Protection Agency
regulations.
E. ORDINANCE NO. 23-94: An ordinance amending the LDRs by
creating a "Special Use" process to provide for the replacement
of nonconforming uses with less intense uses.
F. ORDINANCE NO. 25-94: An ordinance amending Section 36.06,
"Competency in Bidding", to provide for the prequalification of
bidders for construction projects.
11. Comments and Inquiries on Non-Agenda Items from the Public -
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
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City Commission
Regular Meeting
05/03/94
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 27-94: An ordinance rezoning a 2.826 acre parcel
of land located south of Lake Ida Road, on the west side of the
CSX Railroad right-of-way (FP&L property) from PCC (Planned
Commerce Center) District to CF (Community Facilities)
District. If passed, public hearing will be held May 17, 1994.
B. ORDINANCE NO. 28-94: An ordinance amending Section 1. 3.6 of
the Land Development Regulations relating to the repair and
maintenance of nonconforming structures. If passed, public
hearing will be held May 17, 1994.
13. Comments and Inquiries on Non-Agenda Items.
A. City Commission
B. City Attorney
C. City Manager
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~II·America City
'1111/
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REqULAR MEETING - MAY 3. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
9.
O. RATIFICATION OF COLLECTION BARGAINING AGREEMENT WITH POLICE
BENEVOLENT ASSOCIATION: Consider ratification of a
Collective Bargaining Agreement with the Police Benevolent
Association (PBA) Police Officers/Sergeants for the three
year period October 1, 1993 through September 30, 1996.
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f)ELR\\ SEIlH
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 3. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
9.
P. GRANT AN EMERGENCY RELEASE WAIVER/EASTERN SURFING
ASSOCIATION: Grant an emergency release waiver to Eastern
Surfing Association to allow a regional qualifying surfing
contest on the municipal beach.
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[ITY DF DELHAY BEA[H ~
OHRA Y BEACH
~4iltI":~ 100 NW 1st A VENUE DELRAY BEACH, FLORIDA 33444 . 305¡243~ 7000
AI~AmericI City
" III! PROCLAMA TION
1993
WHEREAS, historic preservation enriches the lives
of all people by providing a greater understanding of
American heritage; and,
WHEREAS, historic preservation is relevant for
communities across the nation, from urban to rural areas,
main streets to waterfront towns; and,
WHEREAS, Preservation Week 1994 provides an
opportunity for citizens of all ages and from all walks of
life to recognize the important role that historic
preservation plays in individual lives and in communities;
and,
WHEREAS, -It's your memory. It's our history.
It's worth saving." is the theme for Preservation Week 1994,
cosponsored by the Delray Beach Historic Preservation Board,
, the Delray Beach Historical Society, the Historic Palm Beach
County Preservation Board and the National Trust for
Historic Preservation.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim May 8 through 14, 1994, as
NATIONAL PRESERVATION WEEK
and call upon the people of Delray Beach, Florida, to
recognize and participate in this special observance.
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 3rd day of May, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
Coli
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[ITY DF DELRAY BEA[H ~
DELRA Y BEACH
~*"':IÎ 100 N.W 15: AVENUE DELRAY BEACH, FLORIDA 33444 . 305/243· 7000
AI~America c;
'1111. PROCLAMA TION
1993
WHEREAS, the Navy League of the United States
through many of its local councils, sponsors and supports
the United States Naval Sea Cadet Corps; and,
WHEREAS, the Boca Delray Council, NLUS, sponsors
and supports the Sea Cadet Unit identified as the Boca
Delray Division, USNSCC; and,
WHEREAS, the Sea Cadet Corps is a youth program
for young Americans, male or female, ages 14 through 17,
whose objectives are to develop an interest and skill in
basic seamanship and its naval adaptations; and,
WHEREAS, the program trains Cadets in seagoing
skills, as well as teaching them patriotism, courage, self
reliance and kindred virtues; and,
. WHEREAS, the National President of the Navy League
of the United States has declared the month of May 1994 as
U.S. Naval Sea Cadet Corps Month.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim May 1994 as
U.S. NAVAL SEA CADET CORPS MONTH
in Delray Beach, Florida, and urge all its citizens to
acknowledge the many significant contributions made by the
Naval Sea Cadet Corps to the educational mission of the Navy
League of the United States.
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 3rd day of May, 1994.
MAYOR
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl1,A,1
\
SUBJECT: AGENDA ITEM * '8A - MEETING OF MAY 3. 1994
DELRAY BEACH SOAP BOX DERBY
DATE: APRIL 29, 1994
This is before the Commission to approve a request from South
Florida Soap Box Derby to close Linton Boulevard between U.S.
Highway #1 and AlA on Saturday, May 21, 1994, for the "All
American" Soap Box Derby Rally and Saturday, June 25, 1994 (or
rain date of June 26th) for the Delray Beach Soap Box Derby, from
approximately 5:00 a.m. until the conclusion of the races. These
events are sponsored by the Delray Beach Sunrise Kiwanis Club in
conjunction with the South Florida Soap Box Derby.
In addition, the use of 3 tables, 8 chairs and 4 garbage cans has
been requested. Overtime for Parks personnel will also be
necessary, requiring two men at 4 hours each for a projected
overtime cost of $104.00.
Recommend approval of the request from South Florida Soap Box
Derby to close Linton Boulevard on the specified dates, subject
to approval from Palm Beach County, together with related
requests for use of City property and overtime for Parks
personnel.
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Agenda Item No.:
AGENDA REQUEST
Date: April 26, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 3. 1994
the 1994
Delray
Linton
ersonnel
cans
Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency wit
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: ([iM NO []t-/(
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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Agenda I tern No. :
AGENDA REQUEST
Date: April 21 , 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 3. 1994
Approval of the
Description of agenda item (who, what, where, how much) : 1994 Delray Beach
Soap Box Derby RaIley on May 21, 1994 & 1994 Delray Beach Soap Box Derby on June 25.
1994. May 21 - 8 AM to mid-afternoon: June 25 - 7 AM to mid-afternoon. (Rain date -
6/26/94). Linton Blvd. between AlA & US 1 closed from 5 AM to end of rapP~ Ovprtimp
for Parks ersonnel 3 tables 8 chairs 4 arba e cans re uested.
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: NO . 1 ¡J~~lL-'i-:#' «,~
Approved for agenda: &/
t:rv JvL...~ WL--;\;' Cl'<'At·.
Hold Until: 'J' ~
" " ',]. . -' r ,..
Agenda Coordinator Review: {~.-;z ,.,&-eX Á' '. f''v,^ ):<L--,'<~ .
Received:
Action: Approved/Disapproved
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4/20/94 To: Joe Weldon. For your attention.
i> ,,..,.. Thanks. (sk)
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Mr. David Harden April 18, 1994
Delray Beach City Manager
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
The 1994 Delray Beach Soap Box Derby is scheduled for Saturday June 25, 1994.
This event is sponsored by the Delray Beach Sunrise Kiwanis Club. The derby will
start at approximately 7:00AM and last till mid-afternoon.
In conjunction with the Delray Beach Soap Box Derby, the organizing committee is
planning an "All American" Soap Box Derby Rally. The date is scheduled for
Saturday, May 21, 1994. This event is sponsored by both the Kiwanis and the South
Florida Soap Box Derby. The Derby Rally will begin at approximately 8:00AM and
last until mid-afternoon.
The 1993 Derby held last May and June was a great success, due largely to the
outstanding effort of the City of Delray Beach, numerous City employees, and civic
volunteers. As in past years, the race will be held on the Linton Boulevard Bridge.
This will require that the bridge be closed to vehicular traffic during the race. The
cars are run down westbound lanes towards U.S.1, freeing eastbound lanes for
emergency vehicles.
We request that permission be granted to close Linton Boulevard between US#l
and AlA on these race days from approximately 5:00AM until the conclusion of the
races. We will provide ample barricades with appropriate "road closed" signage at
Federal Highway (US#l) and AlA, similar to past years.
We have notified the county bridgetcnders department, and anticipate their
cooperation as in the past. Should the race be postponed due to weather, a rain date
of June 26th would be required. Please notify us of any further procedures necessary
to obtain authorization to follow through with the above.
3;JØ¡- Telephone: 495-2826
(Day) 347-1200
Doug Martin
Director - South Florida Soap Box Derby
cc: Robert Barcinski
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Mr. Joseph Weldon April 18, 1994
Delray Beach Parks & Recreation Department
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Weldon:
The 1994 Delray Beach Soap Box Derby is scheduled for Saturday, May 21st and
Saturday, JUDe 25, 1994. This event is sponsored by the Delray Beach Sunrise
Kiwanis Club. The derby will be held on the Linton Boulevard Bridge and will start
at approximately 7:00AM and last till mid-afternoon,
The 1993 Derby held last May and June was a great success, due largely to the
outstanding effort of the City of Delray Beach, numerous City employees, and dvic
volunteers.
As in past years, we would like to request the following items for our races:
3 tables
8 chairs
4 garbage cans
Please arrange for delivery (if possible) as close to 7:00AM as feasible to the JW
Charles parking lot on the south side of Linton Boulevard and Federal Highway.
Thanks in advance for your help in making the 1994 Soap Box Derby a success,
Sincerely. Telephone: 495-2826
~J(t1Á- (Day) ~47-1200
Doug Martin
Director - South Florida Soap Box Derby
RECEIVEO f\PR 1 9 '99',
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORlDA 33444
FACSIMILE 4(J7!278·4755 Wr~t_r·B D~rect L~ne
(407) 243-7090
MEMORANDUM
Date: April 25, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Granting Easement to FPL Relocation of Utility Pole
on N.W. 1st Avenue
The City requested that Florida Power & Light move the utility
pole located on N.W. 1st Avenue adjacent to the tennis center.
In order to move the pole, the City must grant FPL an easement
just west of the existing pole's location. Therefore, it is
recommended that the Commission, by motion, grant FPL the
attached easement along N.W. 1st Avenue.
Please call if you have any questions.
DNT: sh
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
José Aguila, Assistant Construction Manager
fpl-2.dnt
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_.___ ·0 . --.----....-...--
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Work Order No. 6265-4-454 EASEMENT
This Instrument Prepared By I
Sec.~, Twp~S, Rge~E Eric Hoffarth !
I
Parcel I.D. # 12434616010440070 FLORIDA POWER & LIGHT COMPANY I
(Maintained by County Appraiser) P,O. Address 141SQ Statp- Rd #7 I
I
Delray Beach. FL 33446 I
I Reserved for Circuit Court
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration. the adequacy and receipt
of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns,
an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities
(including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to
reconstruct, i~rove, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within
an easement --º- feet in width described as follows:
That part of Lots 12. 16 and the Alley Right-of-Way in Block 52. Map of the Town of
Linton (Now Delray Beach). according to the Plat thereof recorded in Plat Book 1. Page
3 of the Public Records of Palm Beach County. Florida. described as follows:
Begin at the Northeast corner of said Lot 16. Block 52; thence S 0° DO' 0011 E. along
the East line of said Lot 16. 94.62 feet to a point of curvature of a curve concave
Northwesterly with a radius of 25.00 feet and a central angle of 53° 07' 4811; thence
Southerly, along the arc of said curve. 23.18 feet; thence N 0° DO· 00", along a line
10.00 feet west of and parallel with the East line of said Lot 16. 111.62 feet; thence
N 90° DO' 0011 W. 11.00 feet; thence N 0° DO' 0011 E. 10.00 feet; thence N 90° DO' 0011 E,
11.00 feet; thence N 0° 00· 0011 E. 16.00 feet; thence N 90° 00· 00" E, 10.00 feet to the
East line of said Lot 12; thence S 0° DO' 0011 E. along said East line and the Southerly
extension thereof. 23.00 feet to the said Point of Beginning
Together with the right to pennit any other person, finn or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises
at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area;
to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants,
to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described,
over, along, under and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,19_.
Signed, sealed and delivered
in the presence of: By: (President's signature)
Print Name:
(Witness Signature) Print Address:
Print Name
(Witness)
Attest:
(Secretary's signature)
(Witness Signature) Print Name:
I Print Name ( WItness) Print Address:
(Corporate Seal)
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of ,19_, by , and
respectively the President and Secretary of
, a corporation, on behalf of said
corporation, who are personally known to me or have produced as identification, and who did (did not) take an oath.
My Commission Expires: (Type of Identification)
Notary Public. Signature
Print Name
Form 3722 (Stocked) Rev. 2/92
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AJ/é/V¿/E
(7/,1/¿ /?¿JAP ¡¿:Jt:Jø) Section 1Z-. Township ~S. Range 43 E
Palm Beach "County. Florida Scale:
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~/
SUBJECT: AGENDA ITEM # W C. - MEETING OF MAY 3, 1994
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/FUNDING FOR
CONSTRUCTION OF S.W. 10TH STREET AND S. W. 10TH AVENUE
(REFUND OF BUILDER'S SQUARE TRAFFIC IMPACT FEES)
DATE: APRIL 29, 1994
This item is before the Commission to approve an Interlocal
Agreement with Palm Beach County concerning the funding of
construction for S.W. 10th Street and S.W. 10th Avenue.
In December, 1992, when the Water ford DRI was amended to
incorporate the Builder's Square proposal, one of the provisions
included in the approval had to do with funding for the extension
of S.W. 10th Avenue from Linton to 10th Street or other traffic
mitigation program deemed appropriate by the City. The specifics
of the funding arrangement were set forth in conditions 29 through
31 of the amending ordinance, a copy of which is attached. The
Interlocal Agreement represents the results of the efforts to have
the road impact fees required by the County in conjunction with
Builder's Square given to the City for roadway construction. The
$278,000 received from the County will be deducted from the
developer's obligations.
The City agrees to design, bid and administer the contract for
construction of the project. We will obtain all necessary permits
and approvals required for construction, and agree to award the
contract prior to April 1, 1995, and diligently pursue completion
of the project by January 1, 1997. Palm Beach County agrees to
reimburse the City up to a maximum of $278,000, subject to receipt
of invoices documenting the cost of the project.
The Interlocal Agreement has been reviewed by Engineering staff as
well as the City Attorney's Office and approved as to form and
legal sufficiency.
Recommend approval of the Interlocal Agreement with Palm Beach
County concerning the funding of construction for S. W . 10th Street
and S.W. 10th Avenue.
ref:agrnemo13
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Mayor Lynch summarized the results of the last meeting
on December 8, 1992, noting that the applicant was to meet with
County staff and administration in an effort to come up with a
reasonable solution to the concerns raised about necessary traf-
fic mitiga~ion relating to this project.
Mr. Alan Ciklin, attorney representing the applicant,
who stated that since the last meeting, he and the developer have
been working on the impact fee credits of $278,000 for Builder's
Square, having met and spoken with several County Commissioners,
all of whom seem to be receptive to the City's request for impact
fee credits. It is his understanding that the County staff has
requested additional information before they would make a recom-
mendation, and is in the process of providing that information to
them. However, he believes that a program has now been worked
out that will guarantee the City's concerns over the impact fee
credits, as follows: The developer would continue to ask the
City to cooperate in pursuing the impact fee credits from the
County for Builder's Square¡ however, in the event that the
credits are not given, the developer will make up any shortfall
in those credi t·s . For example, if none of the $278,000 is al-
lowed as credits, the developer will pay the $278,000 as addi-
tional cash to the City. In addition, as previously committed,
the developer will pay $212,000 to the City for S.W. 10th Avenue,
so the $490,000 is guaranteed to the City.
Upon question from Mayor Lynch, Mr. Ciklin stated that
the funds would be provided upon the letting of the contract for
the road or prior to issuance of the certificate of occupancy,
whichever came first.
Mr. Ciklin further stated that included in the staff
reports, are a couple of extensions that the City may give admin-
istratively on some FDOT determinations which basically deal with
1-95 ramp studies. These have been supplied to FDOT, but, due to
the holiday season, they may not be forthcoming by December 31st
as required. Therefore, Mr. Ciklin asked that the City extend
the determination date to March 1, 1993. Lastly, Mr. Ciklin
acknowledged receipt of the supplemental conditions of approval
(12 conditions) and agreed to comply with same as they are
stated.
Mayor Lynch asked if the other property owners in the
area (Haggerty, Boos, Wallace, etc. ) had been contacted and if
agreement with them had been reached. Mr. Ciklin stated that
each of them had been contacted regarding the right-of-way and
they all indicated a willingness to cooperate fully with the City
in trying to make the plan happen. In response to Dr. Alperin,
Mr. Ciklin advised that they had one letter of commitment signed
from Mr. Haggerty¡ Mr. Wallace has indicated his willingness to
sign a letter, and Mr. Boos was unavailable to sign, but has
indicated that he will cooperate.
-2- 1l./16/92
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28. The City and the developer agree that at the time of passage of
this ordinance the retail use causes traffic impacts to Linton
Boulevard which need to be mitigated. As a part of the traffic
mitigation program the City and the developer concur that SW
lOth Avenue should be extended from Linton Boulevard to SW 10th
Street. This analysis is subject to further review and study
by the City and the ultimate mitigation plan shall be developed
as the City in its sole discretion may determine.
29. It is anticipated in conjuction with the retail use at the
Waterford DRI the developer shall be required to pay impact
fees in the amount of approximately $ 278,000. The developer
of the Waterford SAD and the City shall seek to have the Palm
Beach County Road Impact Fee required by the construction of
retail use given to the City for use in the extension of SW
lOth Avenue from Linton Boulevard to SW 10th Street or such
other traffic mitigation program the City may devise. Any
monies up to $ 278,000, received from these efforts shall be
deducted from the developer's obligations pursuant to Condition
#30.
30. The developer of the Waterford SAD shall contribute an amount
of $ 278,000 to the City of Delray Beach. Such monies shall be
used for the extension of SW 10th Avenue from Linton Boulevard
to SW 10th Street or such other traffic mitigation program as
the City may devise. In the event that all of this funding
cannot be used for said mitigation project, it may be used for
other roadway related construction. This amount of $ 278,000
shall be paid when the mitigation project is let for bid or at
the time of issuance of the Certificate of Occupancy for the
retail use, whichever is sooner.
31. As a separate obigation to the requirements of paragraph 30 and
payment of County traffic impact fees, the developer of the
Waterford SAD shall contribute an amount of $ 212,000 to the
City of Delray Beach for its traffic mitigation program. This
amount shall be used for the extension of SW 10th Avenue from
Linton Boulevard to SW 10th Street or such other traffic
mitigation program as the City may devise. In the event that
all of this funding cannot be used for said mitigation project,
it shall be used for other roadway related construction. This
amount of $ 212,000 shall be paid when the mitigation project
is let for bid or at the time of issuance of the Certificate of
Occupancy for retail use, whichever is sooner.
Section 5. TMát tMt6 ttll\t6 Ztll\ttátt«Sri «Sf tM.f1f á;;t«SiáZ
;øtlføárit t«S 8t6ttt«Sri 3ø~2Z(ll árid 3ø~22(ll «Sf tMt6 Z«Srilri' ~«Sd. _MáZZ
~t6 tMtt6t6 (31 tt6át_ ft«Sg\ tM. áfft6tttit6 dátt6 «Sf tMt6 IRX l.it6Z«s;m.rit
0trAt6tJ That for the purposes of a determination, pursuant to LDR
Section 2.4.4(D), Establishment of a Project, it is hereby
determined that the entirety of the Waterford SAD is "established".
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Board of County Commissioners 4/22/94 To: City Clerk for 5/3/ Agenda County Administrator
Mary McCarty, Chair To: City Attorney Robert Weisman
Ken L. Foster, Vice Chairman Engineering
Karen T. Marcus For review and comments for Agenda .
Carol A. Roberts backup. DTH Department of Engineering
Warren H. Newell and Public Works
Burt Aaronson
Maude Ford Lee
April 18, 1994 'T'-.~
.' "~) t:~ /",
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',. ..r¿<¡¡ ,
Davi d 1. Harden IjPI? .... VI::ì")
2 --'
City Manager C;j}' /I I I~
City of Delray Beach ,,'.1/1, '/
. ''''''/·<'r,
100 N.W. First Avenue L:¡):r-.
Delray Beach, FL 33444 " fJ.t: £'/...
. ,{ 'r
'...l"'.
RE: INTERLOCAL AGREEMENT WITH THE CITY OF DELRAY BEACH CONCERNING
THE FUNDING OF CONSTRUCTION FOR S.W. 10TH STREET AND S.W. 10TH AVENUE
.
Dear Mr. Harden:
We have enclosed three original agreements concerning the above subject. Please
review this agreement and if you find it satisfactory have it executed by your
City Commission. Upon execution by your Commission, please return all three
agreements to me for presentation to the Board of County Commissioners.
If you have any questions or concerns please feel free to contact me so that we
may expedite this agreement as soon as possible.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~/L-
Charles R. Walker, Jr., P.E.
Dir~- Traffic Division
CRW: J E
attachment - three (3) agreements
cc: George T. Webb, P.E., County Engineer
Edwin A. Jack, P.E., Deputy County Engineer
Ellie Halperin, Assistant County Attorney
Irwin Jacobowitz, Director, CDC
file: Municipality - City of Delray Beach
crw\harden
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
,
Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts Department of Engineering
Warren H. Newell and Public Works
Burt Aaronson
Maude Ford Lee
April 26, 1994
Dan Beatty
Assistant City Engineer
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Fl 33444
RE: INTERLOCAL AGREEMENT WITH THE CITY OF DELRAY BEACH CONCERNING
THE FUNDING OF CONSTRUCTION FOR S.W. 10TH STREET AND S.W. 10TH AVENUE
Dear Mr. Beatty:
We have enclosed three original agreements with the revision the City requested
in Section 2d.
If this meets with your approval please have it executed by your City Commission
and returned to me for presentation to the Board of County Commissioners.
If you have any further questions or concerns please feel free to contact me.
Sincerely,
OFFICE OF THE COUN~NEER
~f
Charles R. Walker, Jr., P.E.
Director - Traffic Division
CRW:TE
agreements
cc: George T. Webb, P.E., County Engineer
Edwin A. Jack, P.E., Deputy County Engineer
David T. Harden, City Manager, City of Delray Beach
file: Municipality - City of Delray Beach
crw\beatty
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
.
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY
AND THE CITY OF DELRAY BEACH CONCERNING THE
FUNDING OF CONSTRUCTION FOR S.W. 10TH STREET AND
S.W. 10TH AVENUE
THIS AGREEMENT, made and entered into this _____ day of _____ _' 1994
by and between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA.
a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY" and the City of Delray Beach, a municipal corporation existing under the
laws of the State of Florida, hereinafter referred to as the "CITY".
WIT N E SSE T H
WHEREAS, Florida Statutes, Section 163.3171, authorizes the joint exercise
of powers granted under Chapter 163 upon final adoption of an agreement by the
governing bodies involved; and
WHEREAS, Florida Statutes, Section 163.01 authorizes joint exercise of
power or authority which public agencies have in common and which each might
exercise separately; and
WHEREAS, CITY and COUNTY both have authority and are mandated to adopt
comprehensive plans in accordance with Chapter 163, F.S.; and
WHEREAS, the CITY has requested the Board of County Commissioners
participate in the construction of the four laning of S.W. 10th Street (Lawson
Boulevard) between S,W. 10th Avenue and Congress Avenue and the construction of
two lanes on S.W. 10th Avenue from Linton Boulevard to S,W. lOth Street
collectively hereinafter known as the "PROJECT"; and
WHEREAS, at its March 15, 1994 meeting, the Board of County Commissioners
approved this participation in the amount of $278,000 with funding to be from the
Sweep Reserve Account (360-361-9999-9901).
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained, the parties do agree as follows:
1. The CITY and COUNTY agree that the above recitations are true and
correct and are incorporated herein by reference.
2. The CITY agrees to:
a. Obtain all necessary services for the completion of the
PROJECT, including, but not limited to, design, bidding,
contract preparation and contract administration in
accordance with all applicable State and local laws and
regulations.
1
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b. Obtain or provide all labor and materials
necessary for the construction of the
PROJECT.
c. Obtain and comply with all necessary
permits, approvals and authorization
required for the construction of the
PROJECT, from any Federal, State, Regional,
County or City agency.
d. Award contracts for the completion of the
PROJECT prior to Apri 1 1, 1995 and
diligently pursue completion of the
construction by January 1, 1997.
3. The COUNTY agrees to:
a. Reimburse the CITY an amount not to exceed
the actual cost of the PROJECT, but in no
event an amount greater than $278,000. The
CITY shall furnish the COUNTY such invoices
or other documentation which is acceptable
in form and content to the COUNTY to
provide for verification of the cost of the
PROJECT. The COUNTY shall reimburse the
CITY for such invoices up to a maximum of
$278,000.
b. The COUNTY, upon written request, may
inspect all documents pertaining to the
PROJECT and the CITY shall permit
representatives of the COUNTY to be present
at any time during PROJECT construction.
c. Should the PROJECT cost exceed $278,000,
the COUNTY shall not be responsible for any
costs in excess of that amount. The CITY
agrees to fund any costs in excess of the
COUNTY's participation which is required to
complete the PROJECT.
4. The CITY and the COUNTY agree that no person shall, on the grounds
2
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of race, color, sex, national origin, handicap or religion be excluded from the
benefits of, or be subjected to any form of discrimination under any activity
carried out by the performance of this Agreement.
5. By entering into this Interlocal Agreement, CITY and COUNTY represent
that each has full right and 1 awful authority to enter into and perform this
Agreement. The val idity, interpretation, construction and effect of t his
Agreement shall be in accordance with and governed by the laws of the State of
Florida. In the event any provision hereof is determined to be unenforceable or
invalid, such unenforceabi 1 i ty or inval idity shall not affect the rema i n i ng
provisions of the Agreement, which shall remain in full force and effect to that
extent, this Agreement is deemed severable.
6. This Agreement, including attachments hereto, constitutes the entire
Agreement between the parties, and shall supersede and replace all prior
Agreements or understandings, written or oral, relating to the matter set forth
here at.
7. This Agreement may be amended or modified only by written addendum
or amendment signed by the parties and authorized by their respective elected
official.
8. This Agreement shall be effective on the date executed by the Palm
Beach County Board of County Commissioners and shall remain in force for three
years from such effective date.
9. Th is Agreement shall be recorded in the records of the Board of
County Commissioners and in the records of the CITY.
10. All notices required or allowed by this Agreement shall be del ivered
in person or ma i 1 ed by Certified Mail - Return Receipt Requested, postage
prepaid, to the party upon whom such notice noted:
CITY OF DELRAY BEACH: Mayor
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
With a Copy to: City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
COUNTY OF PALM BEACH: Director - Traffic Division
160 Australian Avenue - Suite 303
West Palm Beach, Florida 33406
With a Copy to: Assistant County Attorney
P.O. Box 21229
West Palm Beach, FL 33416
3
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IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on
the dates set forth below:
ATTEST: City of Delray Beach:
By: By:
City Clerk
Dated:
ATTEST: PALM BEACH COUNTY, FLORIDA BY
Dorothy H. Wilken, Clerk ITS BOARD OF COUNTY COMMISSIONERS
By: By:
Dated:
Approved as to form and
legal sufficiency:
By:
County Attorney
agreemntlw8terfor
4
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tl')
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF MAY 3, 1994
TEMPORARY USE PERMIT/CYSTIC FIBROSIS FUND RAISER
DATE: APRIL 29, 1994
This item is before the Commission to approve a request from the
Cystic Fibrosis Foundation to hold a charity softball game at
Miller Field on Sunday, May 15, 1994, at 6:30 p.m., and for the use
of a 20' x 20' tent off to the side of the field.
Arrangements have been made for the use of the Costco and Delray
Industrial Park parking facilities to accommodate overflow parking.
In addition, Cystic Fibrosis will provide eight (8) Police officers
for 4 hours during the game for parking and security purposes. The
City will be named as an additional insured.
Recommend approval of a temporary use permit for the Cystic
Fibrosis Foundation to hold a charity softball game at Miller Park
on Sunday, May 15, 1994.
ref:agrnemo4
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CITY DF DELAAY BEA£H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
tdtIII
AlI-Anø1caClty
" III!
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Cystic Fibrosis Fund Raiser at Miller Park on May 15, 1994
DATE: April 27, 1994
Attached please find some correspondence from Cystic Fibrosis
concerning the charity softball game they would like to hold with
Michael Bolton at Miller Park on Sunday, May IS, 1994 from 6: 30 PM to
8:30 PM. Please note that they have made arrangements for parking in
Costco's and Industrial Park's parking lots at a time when they will be
closed, and they will provide 8 police officers for 4 hours during the
game for parking and security purposes. There is a total of
approximately 625 - 650 parking spaces using the parking available at
Costco, the industrial park and Miller Park. Cystic Fibrosis
understands they are to sell no more than 2,500 tickets for this event,
which we feel we can handle. Also, they have a one million dollar
insurance policy in which they will name the City of Delray Beach as
additional insured. Since they have met all our requirements, I
recommend they be allowed to use Miller Park for their charitable
softball game.
~~
Parks and Recreation
Attachment
Ref:dhcysfib
THE EFFORT ALWAYS MATTERS
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07/23/1904 14:46 FROM TO 2433774 P.02
.
ii" Cystic
Fibrosis
Foundatton
-
April 26, 1994
Mr. Joe Dragon
ci~y of De1ray Beach Parks & Recreation
50 N.W. 1st Avenue
Delray Bea.ch, FL 33444
Dear Joe,
per your instructions, we are writing to request the use of Little
Fenway Þark for a charity softball game on Sunday, May 15, 1994 at
6:30 p.m.
I believe we have addressed all of the city's concerns as follows:
*Parking - Costco has agreed to allow us to use its parking lot.
The store oloses at 5 p.m. and ~he game doesn't begin until 6:30
p.nt., so there shouldn't Þe any problem. In addition, the Delray
Industrial Park (across the street from Costco) has agreed to also
let us use their parking facilities.
*We are making insurance arrangements and will 1 ist the oi ty as
additional insured. We will forward you a copy of the certificate
as soon as it's available.
*We have discussed security with Mike Wright and we will provide
eight officers for four hours each during the game.
*As we discussed Friday, there will be a 20' x 20' tent for VIPs
off the side of the field. We will provide special passes for the
people allowed in the tent. We would like to request the Pete Rose
Ballpark Cafe be allowed to bring in complimentary food for our
VIPs so they dontt have to travel to the concession stands.
I hope this answers all the issues and look forward to working with
you!
Special Events
Ft. lauØerdale Regional Office
3443 NW 55th Strøet, Building 7 Ft. Lal,lderdale, Florida 33309
Broward (305) 739-5006 Dade (305) 947-4243 Boca Raton (305) 426-3918
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER E/1Vl
SUBJECT: AGENDA ITEM it: ~F - MEETING OF MAY 3, 1994
AUTHORIZATION TO SUBMIT CERTIFICATION OF ELIGIBILITY
FOR GRANT FUNDING
DATE: APRIL 29, 1994
This is before Commission for authorization to submit a
certification of eligibility for grant funding to the Children's
Services Council. This is a standard form which notifies the
Children's Services Council of our intent to apply for a grant in
the amount $165,420.00 for our After School Program for Fiscal
Year 1993-94.
Recommend approval of authorization to submit a certification of
eligibility for grant funding from the Children's Services
Council.
.
·
Agenda Item No. :
AGENDA REQUEST
Date: April 27. 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 17. 1994
Description of agenda item (who, what, where, how much) : Request approval
to apply for a grant from Children's Services Council in the amount of $165.420 for
our After School Program.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO fi)v1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
.
.
1994-95 CSC Base Program Instrucllons & Forms
Page 10
PROGRAM FORM D· AGENCY CERTIFICATION
to CSC
Recreation De artment
1- The agency board of directors has approved this
application at a meeting on (date) . (If
approval is pending at the t1me of submission, please
check here ___.)¡
2. All agency decisions regarding recruitment, hiring,
promotions, release, and conditions of employment
will be made without regard to consideration of race,
creed, religion, gender, country of national origin,
age, physical or mental handicap, marital status or
ani other factor which cannot lawfully be used as a
basis for an employment decision;
3. The agency agrees to negotiate, if deemed necessary,
with CSC to refine service levels, procedures,
outcomes, budget, and any other relevant matter for
incorporation into a contract;
4. The applicant agency does not intend by this
application to replace existing funding resources with
CSC funds;
5. The budget included in this application is a
reasonable estimate of the anticipated revenues and
expenditures for the activities proposed;
6. In accordance with the 1993-94 CSC contract, the
applicant agency will submit, within 120 days of the
completion of the applicant's 1993-94 fiscal year, a
GAO Standard Financial and Compliance Audit;
7. The. applicant agency maintains governmental or
501(c)3, (4), (6), (7) or (10) tax exemption status;
~ . Any of the following documents are available and upon
request by csc will be produced by the applicant
agency within five (5) working days, but do not need
to be submitted with this proposal:
a. Articles of Incorporation
b. Agency By-Laws
c. Personnel Policies and Procedures
d. Job Descriptions
e. Certificates of Insurance and Bonding
f. Licenses to Operate Agency/Program
F:94BASINS Mar 28. 1994 9:47 am
"
. .
1994-95 CSC Base Program lnstl'\lctions & Forms
Page 11
9. NO litigation is threatened or pending which could
impair the applicant agency's ability to fulfill the
provisions of this application; and
10. NO adverse action is pending or threatened b¥ any
regulatory, licensing, or oversight agency Wh1Ch
could impair the applicant agency's ability to
fulfill the provisions of this application.
If any of the above documents are not available or any of
these statements cannot be made, please explain below:
OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO
APPLICATION:
Title:
S1gnature
.10'....
Date:
Pr1nt Name
F:94BASINS Mar 28. 1994 9:47 am
.
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 67þ1
SUBJECT: AGENDA ITEM # 'lG - MEETING OF MAY 3, 1994
REJECTION OF GRANT AWARD/NATIONAL RECREATION TRAILS
FUNDING PROGRAM
DATE: APRIL 27, 1994
On November 23, 1993, the City Commission authorized staff to apply
for a $25,000 grant from the Florida Department of Environmental
Protection under the National Recreation Trails Funding Program in
an effort to provide funding for the Leon Weekes Preserve trail
project. We did so, and on April 14, 1994, were notified that we
had been awarded a gr'ant in the amount of $2,607.80. In order to
accept the grant, it will be necessary to comply with certain
conditions imposed by the State, as well as requirements of the
Federal Highway Administration since the funding is derived from
federal sources. An outline of the conditions associated with this
grant award is provided in the accompanying backup material.
This grant is so small that it is not worth the work necessary to
prepare documentation required to receive and administer the grant.
Therefore, I recommend that Commission reject the grant award in
the amount of $2,607.80 from the National Recreation Trails Funding
Program.
ref:agmem06
"
Agenda I tem No. :
AGENDA REQUEST
Date: April 25, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 3, 1994
Description of agenda item (who, what, where, how much): Refusal of
grant from National Recreation Trails Funding Program in the amount of $2,607.80
for trail at Leon Weeks Preserve.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
from National Recreation Trails
;' '-Z:
/.u¿-(.(-~
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review! Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ NO ~/l··
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
[ITY DF DELIAY BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.......
Al-an.lcaClty
" III!
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: National Recreation Trails Funding Program
DATE: April 25, 1994
As you are aware, we applied for a $25,000 grant from the Florida
Department of Environmental Protection under the National Recreation
Trails Funding Program for the trail at Leon Weekes Preserve. We were
advised by letter dated April 14, 1994 that we had received $2,607.80
in funding. Attached is a data sheet requesting information for the
filing of environmental documentation to meet NEPA and FHWA
requirements in order to accept the grant. Basically, these are
requirements of the Federal Highway Administration that need to be
followed. Attached is a memorandum from Doug Randolph, Grants
Coordinator, outlining some of the other conditions and requirements.
Because of the number of requirements involved and the small amount of
funding received, I recommend that we do not accept the grant from the
National Recreation Trails Funding Program.
Please review and advise.
W
Parks and Recreation
Attachments
cc: Doug Randolph, Grants Coordinator
Ref:dhtrail$
® P"P'"'' nec'I,':-"/:;'c1 Paper THE EFFORT ALWAYS MATTERS
, ,!,_,J.,J
M E M 0 RAN DUM
TO: Joe Weldon, Director of Parks and Recreation
FROM: Doug Randolph, Training and Development Manager'SL:>~ .
THRU: Edward J. Gusty, Director of Human Resources:F ';~
?--
DATE: April 25, 1994
SUBJECT: CONDITIONS ASSOCIATED WITH GRANT AWARD FOR LEON WEEKES TRAIL
As per your request, I have contacted Alexandra Weiss in Tallahassee
relative to the conditions associated with the award of the $2607.80
for our Leon Weekes Trail Project.
By May 1, 1994 we need to inform in writing as to whether or not we will
accept the grant and associated conditions.
In that these funds are derived from federal sources the grant
conditions are more involved then if the funds came from the State. Due
to these increased demands whom ever will serve as the project manager
should now become involved in this process.
As part of the acceptance process, by June 1, 1994 the attached 16
question Project Development and Environment (PD & E) Data Sheet needs
to be completed and sent to Tallahassee. Some of these questions are
simple to answer while others will require additional research. One
question asks about the endangered species living in the area. Another
speaks to the permitting process. It would be wise to commence the
permitting process as soon as possible.
In mid to late July a one day implementation workshop will be held in
Tallahassee. Your project manager will need to attend. This workshop
will deal with the Federal Highway Administration requirements which
will need to be fully adhered to. These are highway funds and we will
need to follow many of the same processes as you would in building a new
road.
Prior to this July workshop your project manager should commence working
on the attached required Commencement Documentation List. This listing
includes a more detailed boundary map, site plan as well as the required
pre-construction certificates and permits. Problems with any of these
requirements will be discussed at the implementation workshop.
No construction costs may be incurred until approval of the above noted
stipulations and conditions.
--2--
We will also be asked to identify as the project element what section of
the trail we will be using the grant money for. This is a reimbursement
type grant with the last 10% of the funds being withheld un t il a
personal on-site inspection is conducted at the end of construction.
The grant conditions and approvals by the State and the Department of
Highways should be completed by October/November 1994. All funds need to
be expended by June 1996.
DGR/Accept
'.
, I Florida Department of
..
Environmental Protection
Marjory Stoneman Douglas Building
Luwton Chilt's 3900 Commonwealth Boulevard Vir~i"i" B \V.,II...I'l'¡¡
Cov~rnnf' Tallahassee, Florida :32399-.1000 ~1'I'rTI~I"V
April 14, 1994
Mr. Joe Weldon
Director of Parks and Recreation
City of Delray Beach
50 Northwest 1st Avenue
Delray Beach, Florida 33444
Re: Leon Weeks Trail
NRTFP T93015
Dear Mr. Weldon:
On March 31, 1994, the Secretary of the Department of
Environmental Protection, approved the Department's recommendation
to award a $2,607.80 grant to the City of Delray Beach for
development of the Leon Weeks Trail under the National Recreational
Trails Funding Program.
Please inform us in writing by May 1, 1994 as to whether or
not you will utilize the entire grant amount. If not, we will
allocate "the excess funds to other approved projects.
If the grant is accepted, then we will prepare the grant
contract and initiate the ~roject Development and Environment
(PD&E) process. In the acceptance letter, please identify any pre-
agreement costs for which you request reimbursement.
No construction costs may be incurred until: the completion
of the PD&E process and a Categorical Exclusion is given by the
Federal Highway Administration (FHWA); the environmental
documentation process is accepted by the Department and approved by
FHWA; and all grant administrative commencement documentation is
approved by the Department. Information on PD&E and the
Department's Commencement Documentation is enclosed. Please begin
immediately to complete the necessary requirements. More
information regarding this process and the upcoming Grant
Implementation Workshop will be forwarded to you in the coming
weeks.
REC EIV[O APR 1 8 1994
Pri"h·~t ttn ri·,·ydt·,1 pnpl'r.
Mr. Joe Weldon
Page Two
April 14, 1994
We look forward to working with you on this worthwhile outdoor
recreational trail project. Should you have any questions
regarding the grant administration process, please contact
Alexandra Weiss, Community Assistance Consultant, at 904-488-7896.
r¡¡
Don Gerteisen, Chief
Bureau of Local Recreation Services
Division of Recreation and Parks
Mail station #585
DG/aww
Enclosures
.,
·
NA TIONAL RECREATIONAL TRAILS FUNDING PROGRAM
GRANT PROJECT PD&E DATA SHEET
The following information is necessary for filing of the environmental documentation as
required by the FDOT PD&E Manual to meet NEPA and FHW A requirements.
Return the completed Data Sheet and requested supporting documentation to the Bureau of Loca]
Recreation Services by June 1, 1994. Attach additional sheets as necessary.
Project #:
Project Name:
Project Location:
(include park site/city/county)
1. Provide Project Location Map with the folJowing information:
(refer to example) Must be a USGS Quadrangle Map!
Project #
Project Name
Proje"ct Sponsor
City/County
Trail Termini and/or facilities locations
2. Describe the general land uses in the project area.
3. Are wetlands within 500' of the project area? Use the USFWS classification system as
the standard for identification.
4. Is the project in the base floodplain or involve a regulated flood way? If yes, identify the
category, Le. 1 thru 5.
,
;
NRTFP Grant Project PD&E Data Sheet
Page Two
5. Provide a copy of the plant, animal and wildlife habitat inventories for the project area.
Primary interest is identification of Federally Endangered and Threatened Species,
Species of State Concern and specific critical habitat. [this may be found in the site's unit
management plan, resource management plan or similar document]
6. Is an outstanding Florida Water, as identified in Chapter
17-3.041, Florida Administrative Code, in the project vicinity? If yes, identify.
7. Identify any Aquatic Preserves in the project vicinity.
8. Identify any known cultural resources within a 1/2 mile radius of the proposed project
boundaries. Include any sites listed on the National Register of Historic Places as well as
those eligible for the listing. In addition,
· submit a single copy of any cultural resource assessments, field surveys, Master Site
File (MSF) listings, or the like completed concerning the above mentioned area
· submit a copy of the cultural resource component of the agency's site unit
management plan
[this information may be found in agency unit management plans, or you may need to
coordinate with the State Historic Preservation Officer - Florida Department of State]
9. Does the project involve a navigable waterway? If yes, identify. [and you will need to
obtain a U.S. Coast Guard pennit]
10. Is the project located within the boundaries of a river listed in the Southeastern Rivers
Inventory? If yes, identify.
.
.
.'
NRTFP Grant Project PD&E Data Sheet
Page Three
11. Identify any known contamination sites within the vicinity of the project site. List
known generators by industry and commercial type.
12. Identify any potential project involvement with a principal or sole source aquifer.
13. Wi11 the project, or resulting increased user activity, cause noise levels to increase?
If yes (circle one): negligible noticeable greatly
. submit a copy of any noise surveys, include results of desk-top reviews or computer
modeling completed concerning the project area
14. Me, or will there be in the foreseeable future, any noise sensitive receivers in the project
vicinity? If yes, describe.
15. Does project have potential to cause direct or indirect effects on the air quality
environment? If yes, describe.
· submit a copy of any screening tests, desk-top reviews or computer analysis completed
regarding air quality impacts in the project area and vicinity.
16. List an potential permits required to proceed with the project.
.,
·
NA TIONAL RECREATIONAL TRAILS FUNDING PROGRAM
COMMENCEMENT DOCUMENT A TION
Development Projects
Boundary M({TJ
Submit a boundary survey of the project sÌte which includes a legal description of the property,
prepared by a Florida registered land surveyor. The survey must be updated to within one year
of March 28, 1994.
Site Plan
Submit a site plan (detailed specifications not required) for the project prepared, dated and
signed by an insured, registered architect, engineer or landscape architect responsible for
preparing the final project plans, and signed by the liaison agent. This requirement may be
waived by DEP if the grantee can document extreme hardship.
List Q[ Facilities to be Constructed
Submit a list identifying the quantity and type of primary and support facilities to be
constructed, and a cost estimate for each item, signed and dated by the liaison agent. (sample
attached)
Pre-Construction Certification
Submit a pr~-construction certification signed and dated by the liaison agent.
Certification Q/ Grantee Owned Equipment
If a grantee intends to use in-kind services as a local match, they shall submit a certification of
grantee owned equipment hourly rental rates and/or written or verbal quotes for grantee owned
equipment prior to commencement of construction.
Permits
Submit copies of all required local, state, federal or other environmental construction permits.
Appraisal
If land value will be used as match, send a complete appraisal supporting fair market value of
land utilized as project matching funds no earlier than one year prior to the closing date of the
submission period, that is November 30, 1993.
'.
.
; .
\
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NA TIONAL RECREATIONAL TRAILS FUNDING PROGRAM
REQUIRED COMMENCEMENT DOCUMENT A TION
Document Development Education
Appraisal X*
Boundary Map X
Site Plan X X
List of Facilities X
to be Constructed
Certification of Equipment Rates X
(if applicable)
Pre-Construction Certification X
Grant Project PD&E Data Sheet X X
Statement of Purpose X
Goals & Objectives X
Method of Evaluation X
List of Materials & Production Costs X
*Required only for development projects utilizing land value as match.
'.
.
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
BUREAU OF LOCAL RECREATION SERVICES
Equipment Usal:e Rate Schedule Certification
Equipment usage rate of grantee owned construction equipment charged to the grant
project referenced below must be established prior to commencement of project construction.
The attached schedule of DEP equipment usage rates, dated February, 1992, lists equipment
commonly utilized in such grant projects.
In instances where grantee owned construction equipment is not identified, the grantee
. must obtain three written or verbal quotes from private fIrms which sets forth the prevailing
rental rate for such equipment in the grantee's general geographic area. These quotes are then
compared to the grantee's established rate and the lowest rate of the four is utilized as the hourly
rental rate for that piece of equipment.
Before commencing construction of the grant project, the grantee must send the fol1owing
information to DEP:
1. Statement accepting the equipment usage rate set forth on the enclosed schedule.
Return this certifIcation signed by the grantee's project liaison agent and chief financial
officer.
2. If applicable, DEP Form 42-069 citing grantee equipment usage rates and three
quotes from private firms for grantee owned equipment not included on the schedule of
equipment usage rates, dated February, 1992. The chosen rate, the lowest, will be
indicated.
Should you have any questions on this matter, please contact us. Your cooperation is
appreciated. .
hereby accepts the attached Schedule of Equipment
(Grantee)
Usage Rates for its in-house equipment for the purpose of constructing
, Project Number
(Project Name)
Project Administrator (Liaison Agent) Date
Chief Financial Officer Date
Attachment
'.
·
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM (NRTFP)
Pre-Construction Certification
PROJECT NAME:
PROJECT SPONSOR: NRTFP NO.
The PROJECf SPONSOR certifies that all final plans and specifications (i.e., site architectural,
engineering) to be used in conjunction with the above referenced project were prepared and
certified by an insured, registered architect, engineer or landscape architect (as appropriate) and
meet all applicable federal, state and local codes and current engineering practices; that health,
safety, durability and economy were considered and incorporated in these plans consistent with
the scope and objectives of the project; that full, handicapped accessibility pursuant to the
requirements of Sections 553.45 thru 553.48, Florida Statutes, is incorporated in the design; that
the proposed development is compatible with its surrounding environment; that all required
local, state and federal environmental permits and approvals have been obtained; and that
provisions have been made to insure adequate supervision of construction by competent
personnel.
Project Liaison Agent Date
DEP 42-043
Revised 4/94
"
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [If/{
SUBJECT: AGENDA ITEM # ~H - MEETING OF MAY 3, 1994
REQUEST FOR FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO.
5/ECKLER ENGINEERING
DATE: APRIL 27, 1994
This item is before the Commission to approve a request for final
payment from Eckler Engineering in the amount of $868.28 for
services provided under Service Authorization No.5. The work
involved the preparation of a Preliminary Study and Report for the
Rehabilitation of Lift Stations 3, 9, 10, 15, 50, 83 and 105.
Total agreement amount is $15,709.20, of which $14,840.92 has
previously been paid, leaving a balance of $868.28 as final payment
for services rendered. All submittal materials have been received
and accepted by staff.
Recommend approval of final payment under Service Authorization No.
5 in the amount of $868.28 to Eckler Engineering; with funding from
Renewal and Replacement/Lift Station Conversion to Submersible
(Account No. 442-5178-536-61.83).
ref:agmemo15
~
Agenda Item No.
AGENDA REOUEST
Date: 04/25/94
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 05/03/94
Description of item (who, what, where, how much): Staff requests
Commission approval of final payment to Eckler Engineering for
professional consulting services in conjunction with the preparation of a
preliminary study and Report for the Rehabilitation of Lift stations 3,
9, 10, 15, 83 and 105, PN 93-064 Service Authorization No.5. This
expenditure is under P.O. :#523068, funded from account
:#442-5178-536-61.83, R&R Lift Station Conv. to Submersible. Final
payment amount is $868,28 and total agreement amount is $15,709.20. All
submittal materials have been received and accepted by staff.
ORDINANCE/RESOLUTION REQUIRED: 1'ß/NO DRAFT ATTACHED 1'ß/NO
Recommendation: Staff recommends approval of final payment to Eckler
Engineering for Service Authorization No.5.
DEPARTMENT HEAD SIGNATURE: tfJ¡I48.._*.~..~"j ý/z-r/1't( ~
Determination of consistency with comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds) : @
Funding available YES NO
Funding alternativ (if a~~icable)
Account No. 'DescriPtiO~7-1{;!1-~.hl-'23 .' Þe. L.fFT-£;fA·(})NV.TO "
Account BalanceJ?AL.Al..t.~ () f.o. . ~ËRSle:l-t'
city Manager Review:
Approved for agenda: /f. É~/NO /?.. f1
Hold until: \" . ~ .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden
City Manager P.E.~
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: ECKLER ENGINEERING SERVICE AUTHORIZATION No. 5
REHABILITATION OF LIFT STATION Nos. 3,9,10, 15,
83, & 105; PROJECT NUMBER 93-064
DATE: April 25, 1994
Attached is an agenda request with a copy of a final invoice
from Eckler Engineering for professional consulting services
provided for the subject project. Service Authorization No.
5 was approved by Commission in the amount of $15,709.20 for
preparation of a study and report for Rehabilitation of Lift
station Nos. 3, 9, 10, 15, 83 & 105. Final payment is in
the amount of $868.28 from P.O. #523068 funded from account
#442-5178-536-61.83, R&R Lift station Conv. to Submersible.
All submittal materials have been received and accepted by
staff.
RCH: jem
cc: William H. Greenwood, Director of Env. Svcs.
file: 93-004 (D)
.
.
E ECKLER ENGINEERING
CONSUL TING CIVIL ENGINEERS
INVOICE
City of Delrav Beach
Expense Code: 442-5178-536-61.83
Project Number: 93-64 Date: April 7, 1994
Purchase Order Number: 523068 Client Reference No.: 215.DO
Task Order Number: 5 Invoice Number: 94-044
Professional Engineering services relative to the Design Report for
the Rehabilitation of Lift Stations 3, 9, 10, 15, 50, 83 and 105.
Period Ending: MarCï:h 25, 1994
PERSONNEL HOURS RATE AMOUNT TOTAL
D. A. Eckler 1 $32.33 $ 32.33
D. K. Hammann II $19.00 $ 209.00
T. A. Schlueter 6 $19.00 $ 114.00
T. A. McKloski 8 $16.00 $ 128.00
L. C. Fracasso 2.7 $12.00 $ 32.40
Labor Subtotal $ 515.73
Labor X 3.0: $ 515.73 X 3.0 = $ 1,547.19
EXPENSES
Photocopying $ 43.80
Postage $ 2.35
Telephone $ 2.30
Color Copies $ 29.80
Expenses Subtotal $ 78.25 $ 78.25
TOTAL $ 1,645.44
Contract Amount $ QITJþ ói-
Amount Earned This Period
Amount Previously Earned
Total Amount Earned 15,709.20 ~~
Amount Remaining $ 0.00 _
ct(1.-y( t¡f
If cJ,.:#--· t-fo.f Z - 5/7ð' - f?3b - {, I. f3.
9381 WEST SAMPLE ROAD 305/755-1351
CORAL SPRINGS, FL 33065 Printed on Recycled Paper FAX 305/755-2741
.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtffi-)
SUBJECT: AGENDA ITEM # ~J: - MEETING OF MAY 3, 1994
FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO. 4/GEE &
JENSON
DATE: APRIL 29, 1994
This item is before the Commission to approve a request for final
payment from Gee & Jenson in the amount of $719.18 for their
preliminary work on the Pompey Park Pool and Bath House Project
pursuant to Service Authorization No.4.
The total funds authorized by Service Authorization No. 4 is
$8,000.00. The total expended by Gee & Jenson is $6,215.73. The
work detailed in the service authorization for this phase of the
project has been completed in accordance with City instructions.
Recommend approval of final payment under Service Authorization No.
4 in the amount of $719.18 to Gee & Jenson; with funding from the
General Construction Fund - Pompey Park Pool (Account No. 334-4170-
572-63.45) .
ref:agmemo14
,
.
Agenda Item No. 8';¡;
AGENDA REOUEST
Date: April 26, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: May 3, 1994
Description of item (who, what, where, how much): Staff reauests
Citv Commission aoorove Final Payment on Service Authorization #4
with Gee & Jenson for their preliminarv work on the Pomoev Park
Pool Bath House Proiect. The work detailed in this service
Authorization has been comoleted as oer citv instructions. Final
oavment is in the amount of $ 719.18. Total funds available on
Service Authorization #4 is $8.000.00. Total eXDended bv consultant
is $6.215.73. Fundina is available in the General Construction
Fund. pomoey Park Pool Account # 334-4170-572-63.45.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
of Final Payment to Gee
Department head signature:
Determination of Consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): @
Funding available: E /NO
Funding alternative {if apPlicablrb
Account No. & Descr ~~t10n~10-!572 . h~ A E:A¡ . COtJ5œ . -r~ f1\f!t
Account Balanceø .c~-W
City Manager Review: 1
Approved for agenda: &/NO f'l/
Hold Until: I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9356\agend503
.
ENVXRONKENTAL SERVXCES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: William H. Greenwood ~ø
Director of Environmental Services
Date: April 26, 1994
Subject: Agenda Request, Pompey Park Municipal Pool
Final Payment to Gee & Jenson
Project No. 93-56
. . . . . . . . . . . · · · · · · · · · · · · · · · · . . . . . .
Staff requests City commission approve the final payment on Service
Authorization number 4 with Gee & Jenson for their Services
associated with the Pompey Park Pool & Bath House Study. The work
for this phase of the project is complete, and the consultant has
been authorized to begin the preparation of design and construction
documents under a separate Service Authorization.
Cost associated with service Authorization No. 4 are as follows:
Original Contract Sum (not to exceed) · · · · $ 8,000.00
Previous Billing . · · · · · · · · · · · · · · · $ 5,496.55
Current Request · · · · · · · · · · · · · · · · $ 719.18
Total invoiced . · · · · · · · · · · · · · · · · $ 6,215.73
Total this Xnvoice (final) · · · · · · · · · · · $ 719.18
Staff recommends approval of final payment to Gee & Jenson in the
amount of $ 719.18. Funding is available in the General
Construction Fund, Pompey Park Pool Account number 334-4170-572-
63.45.
attachment
cc: José Aguila, Asst. Construction Manager
File: Project No. 93-56 (D)
\ESD\9356\CCMEM503
.
,
73 -5&, .J---
..~..
GEE & JENSON
Engineers-Architects-
Planners, Inc.
PLEASE REMIT TO P.O, Box 24600
West Palm Beach, FL 33416-4600
APRIL 22, 1994
INVOICE NO. 27399
rO~'='-''f'Ret~'"'Û4(}.,.lt)'
t~·oT...: "·IAi~'J <.;." ~'~- --~ -.., ~ , ..
CITY OF DELRAY BEACH t",..~J~' (j~~ iY'''Li-~¡^Y EEi\Cl~
.. ," ~ ¡"'..: ' ~ v-.;" ~ 't'Jj "-'I.' ., I
100 N.W. 1ST AVENUE '-;", '''1''i'' ',-.' ,...
t:.1';' It v ~ .;¡~;,; i AL S;::R\I¡G;-":~ D':PA 'iff !. C' T
DELRAY BEACH, FL 33444 - . ....~ ... , .i!..I~
ATTN: RALPH HAYDEN, P.E. CITY ENGINEER I P/~Y:V;ENT REVH:.v'J
~ì Jì -:~?I7}(-'1\:¡7D o PM1T AL PAYMENT
.- '. ¡ ''-''' ....
¡ I..J i~Or l\i~';';{KI;/ED o FINAL PAYMENT
I
¡
¡ P.G.t':_ S- ::( l ;¡.- :2 ~
FOR: POMPEY PARK MUNICIPAL POOL I ;"'D~'T <'\'"
PO#521728 I (;>1., \;;:;, ,',-,CT.I~~ 531'- '(/?O- 5:¡:Z-~$.~
By:
(SIGNA TUAE)
PROFESSIONAL SERVICES FOR THE PERIOD ENDIN -itPRI L 1, 1994
__________________________________________ ____________~ßIN~ f" ;;.. (p / f( f
DATE:
PROFESSIONAL PERSONNEL "--- ,
- --.J
HOURS AMOUNT
SR TECHNICAL SPECIALIST 7.0 212.03
SECRETARY 3.5 37.40
ADMINISTRATIVE/CLERICAL 0.6 6.l6
TOTALS 11.1 255.59
3.00 TIMES 255.59 766.77
REIMBURSABLE EXPENSES
POSTAGE 2.42
PRNTG & REPRODUCTION 60.00-
TELEPHONE 4.89
PRNTG & REPRO (INHOUSE) 5.l0
TOTAL REIMBURSABLES 47.59- 47.59-
------------
TOTAL THIS INVOICE $ 719.18 V
------------
------------
BUDGET SUMMARY
CURRENT PRIOR PDS TO-DATE
TOTAL BILLINGS 719.18 5,496.55 6,215.73
LIMIT 7,955.00
OUTSTANDING INVOICES
NO. 25824 DATE 01/20/94 1,279.04
TOTAL NOW DUE $ 1,998.22
WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR
LABOR STANDARDS ACT OF 1938, AS AMENDED.
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERlf¡¡v'1
SUBJECT: AGENDA ITEM # g"f - MEETING OF MAY 3, 1994
FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO. 5/GEE &
JENSON
DATE: APRIL 29, 1994
This item is before the Commission to approve a request for final
payment from Gee & Jenson in the amount of $814.93 for their
preliminary design services on the East Atlantic Avenue
Beautification Project pursuant to Service Authorization No. 5.
The work detailed in the service authorization has been completed
and is in compliance with the contract and City instructions.
Recommend approval of final payment under Service Authorization No.
5 in the amount of $814.93 to Gee & Jenson; with funding from
Decade of Excellence Phase II - Beautification/Atlantic Avenue to
Ocean (Account #228-4141-572-61.73).
ref:agmemo18
.
.
Agenda Item No. iT
AGENDA REQUEST
Date: April 26, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: May 3, 1994
Description of item (who, what, where, how much): Staff reauests
citv Commission aDDrove Final Payment on Service Authorization #5
with Gee & Jenson for their Dreliminary work on the East Atlantic
Avenue Beautification Proiect. The work detailed in this Service
Authorization has been comDleted and is in comDliance with the
contract and citv instructions. Final payment is in the amount of
$ 814.93. Fundina is available in the Decade of Excellence account
# 228-4141-572-61.73.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends a9proval of Final Payment to Gee
& Jenson in the amount of
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: YE /NO
Funding alternative (if applicable)
Account No. & Descri~tt~¿g'-4I1J-F5-rL (pi 7~ Ttf:~nFICATI~ ~
Account Balance~q) ~ . AVe. ~ ID
City Manager Review: ~/NO !lþl
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9368\agendS04
,
.
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: William H. Greenwood ~
Director of Environmental Services
Date: April 26, 1994
Subject: Agenda Request, East Atlantic Ave. Beautification
Final Payment to Gee & Jenson
Project No. 93-68
. . . . . . . . . . . · · · · · · · · · · · · · · · · . . . . . .
Staff requests City commission approve the final payment on Service
Authorization number 5 with Gee & Jenson for their Preliminary
Design Services on the East Atlantic Avenue Beautification project.
Cost associated with Service Authorization No. 5 are as follows:
Original Contract Sum · · · · · · · · · · · $ 15,500.00
Previous Billing · · · · · · · · · · · · · · · · $ 14,685.00
Current Request · · · · · · · · · · · · · · · · $ 814.93
Total this Invoice (final) · · · · · · · · · · · $ 814.93
Staff recommends approval of final payment to Gee & Jenson in the
amount of $ 814.93. Funding is available in the Decade of
Excellence Fund, Account number 228-4141-572-61.73.
attachment
cc: José Aguila, Asst. Construction Manager
File: Project No. 93-68 (D)
\ESD\9368\CCMEMS03
,
"---'"'I, 7.3- ~8 :r:
'~
GEE & JENSON
Engineers-Architects-
Planners, Inc.
PLEASE REMIT TO P,Q, Box 24600
West Palm Beach, FL 33416-4600
DECEMBER 16, 1993
~ INVOICE NO. 25235
. , 'r. Q! '19' ~~ ":'
Cll'i mzoPJet'~iF!t > ~"._~~~
CITY OF DELRAY BEACH ENVIRONMENTAL SEHVICCS DEP¡,Üffi!raH
100 N.W. 1ST AVENUE VISED 41Js.f~~~T REV:EW
DELRAY BEACH, FL 33444
ATTN: RALPH HAYDEN, P.E. CITY ENGINEER ~ o AP?ROVED o PA:1TIAL PP,y¡,AE:tòT
o NOT A?PRCVED o FINAL PAY¡¡¡¡;NT
P.O.II: .5":1..23 S?
FOR: EAST ATLANTIC STREETSCAPE f3UDGëT ACCT.lI· :J...:l.8 -1'/~/- 51-.2.- ~ I. 7d
PO#522389 By:
(SIGNATURE)
~~~~~:~~~~-~:~~:~:~_:~~_:~:_::~:~~_:~~:~:-t~~:~~:~-:~:_~~ if, I
DATE: 2..{ 99'
.
PROFESSIONAL PERSONNEL
HOURS AMOUNT
SR TECHNICAL SPECIALIST 4.5 136.30
. ENG/ARCH/PLANNER 6.0 124.48
TOTALS 10.5 260.78
3 TIMES 260.78 782.34
REIMBURSABLE EXPENSES
TELEPHONE 3.23
PRNTG & REPRO (INHOUSE) 38.34 41. 57
----------
TOTAL THIS INVOICE ~o~ S
~/1, ~ uJ!L
OUTSTANDING INVOICES
NO. 24660 DATE 11/11/93 %~~ (jJ
TOTAL NOW DUE $ '1'ß~-9-"':'9-8
l ç I '?DO .e" ~
WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPL.IED WITH THE FAIR
L.ABOR STANDARDS ACT OF 1938, AS AMENDED.
.
·
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[pvl
SUBJECT: AGENDA ITEM # ZA( - MEETING OF MAY 3, 1994
DEDUCT CHANGE ORDER #1 AND REQUEST FOR FINAL PAYMENT/B.K.
MARINE CONSTRUCTION, INC.
DATE: APRIL 29, 1994
This item is before the Commission to approve Deduct Change Order
#1 in the amount of $1,309.69 and final payment in the amount of
$10,292.31 to B.K. Marine Construction, Inc. for work at the Lake
Shore Drive Bulkhead Project.
The change order is to allow for contract adjustments based on unit
prices and is itemized on the change order form. The work has been
completed in compliance with the contract documents and City
requirements. Final payment in the amount of $10,292.31 includes
the change order deduction.
Recommend approval of Deduct Change Order #1 in the amount of
$1,309.69 and final payment in the amount of $10,292.31 to B.K.
Marine Construction, Inc. ; with funding from Stormwater - Lake
Shore Retainage Wall (Account No. 448-5461-538-62.25) .
ref:agmemo12
Agenda Item No. ¡ K
AGENDA REQUEST
Date: April 27, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: May 3, 1994
Description of item (who, what, where, how much): Staff reauests
City Commission aoorove Deduct Chanae Order No.1 and Final Payment
to the contract with B.K. Marine Construction Inc. for their work
at the Lake Shore Drive Bulkhead proiect. The work has been
completed in comoliance with the contract documents and city
requirements. Deduct Chanae Order #1 is to allow for contract
adiustments based on unit orices and is itemized on the attached
chanae order. The total Deduct on Chanae Order #1 is -$1.309.69.
Final oavment. includina Chanae Order #1 is in the amount of
$ 10.292.31. Fundina is available in account No. 448-5461-538-
62.25.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aoproval of Deduct Chanae Order
#1 and Final PaYment to B.K. Marine Construction. Inc. in the amount
of $10.292.31. ~
Department head Signatw::e~ ~ ~ ~.-~<ý y;S.VQý
Determination of consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): (13'
Funding available YES)NO
Funding alternati s ./ (if ~pJ>licable)
Account No. & Descr iPtion~ 1-6¡.~. tJ~- J.6 BroøY¡ WIfTe:12. -k(A7:i(Hc£t::
Account Balancej11-¿.. ON f.o, . Kf¿TIt/ v1JALL.J
City Manager Review:__
Approved. for agenda: é~/NO if __;
Hold Unt1l: _..-/ {iÏ'--
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved \esd\9333\agend503
'.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: William H. GreenWOod~~~
Director of Environmental Services
Date: April 27, 1994
Subject: Agenda Request
Change Order #1 & Final Payment to B.K.Marine, Inc.
Lake Shore Drive Bulkhead
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City Commission approval of Deduct Change Order #1
and final payment to the contract with B.K. Marine construction,
Inc. for work at Lake Shore Drive Bulkhead project. Deduct Change
Order #1 is for adjustments due to various unit prices and
allowance items which are further detailed on the attached change
order form. The work is complete and has been reviewed for
compliance with the contract documents.
Cost associated with this project are as follows:
Original Contract Sum . . . . . . . . . . . .. $32,023.00
Deduct Change Order #1 . . . . . . . . . . . .. $-1,309.69
Adjusted Contract Sum . . . . . . . . . . . .. $30,713.31
Previous Invoice. . . . . . . . . . . . . . .. $20,421.00
CUrrent Request (App.#2 & #3 Final) ...... $10,292.31
TOTAL THIS INVOICE - FINAL. . . . . . . . . .. $10,292.31
Staff recommends approval of Deduct Change Order #1 and Final
payment to B.K. Marine, Inc. in the amount of $10,292.31 which
includes the deduct adjustment for Change Order #1. Funding is
available under Account No. 448-5461-538-62.25.
cc: José Aguila
File: 93-33 (D)
\ESD\9333\colBKMAR
.
.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1- Final PROJECT NO. 93-33 DATE:April 27. 1994
PROJECT TITLE: Lake Shore Drive Bulkhead
TO CONTRACTOR: B.K. Marine Construction. 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: Contract Additions (see attached invoices) in the
amount of $349.11 and deletions in the amount of -$1.658.80. for a
total deduct of -$1.309.69.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $32.023.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $32.023.00
COST OF CONSTRUCTION CHANGES THIS ORDER $-1. 309.69
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $30.713.31
PER CENT DECREASE THIS CHANGE ORDER 4.08 %
TOTAL PER CENT DECREASE TO DATE - 4.08 - %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE -º-- CALENDAR DAYS TO _nfa
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost
data included is, in my considered opinion,
accurate; that the prices quoted are fair
and reasonable and in proper ratio to the
cost of the original work contracted for
under benefit competitive bidding.
B.K.Marine
(seal)
TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Servi.ces 448-5461-538-62.25
-------------------------------------------------------------------
DEPARTMENT FUNDS B~DGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City commission
.RECOMMEND: By:
CITY ENGINEER MAYOR
ATTEST:
APPROVED: By:
City Attorney city Clerk
\esd\9333\C01FBKMA
.
.
,
ß. K~ ('{) A (G\ µ E CckJ ~ ~<.r c-~ ...
L--....
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< 305- ) 4-'2- \ -2'32\
APPLICATION ANI:> CER.TIFICATE FOR. PAYMENT
P::rO:jE!!Ct.: L.4 \c.. t 'So Hix"2.. ~ 'Da.... rs üL \c.~-e ,
TOI CITY OF DELAAY BEACH, ENVR. BERV DPT Application NOI 2
Period TOI 4/14/94
Attn: Jose' Aquila Contract Date:
434 S.SWinton Avenue
Via I Delray Bea.ch, FL 33444 Architect'a Project No.: 93-33
CHANGE ORDERS APPROVED IN THIS PERIOD Application is made for payment aa shown below.
NO. DATE ADDITIONS DEDUCTIONS The preaent status of the account for this Contract is as follows:
$32,023.00
ORIGINAL CONTRACT SUM ...........................
SEE A'ITACHED CHANGE ORDER
-1 309.69
NET CHANGE BY CHANGE ORDERS ..r.................. -
CONTRACT SUM TO DATE ...... ~.q I I!-? t ;3.:1.. .. . . .... -
30,713.31
TO'l'AL COMPLETED , STORED TO DATE ................ -
RETAINAGE: 3,071.33
10' OF COMPLETED WORK ............... -
TO'l'AL RETAINAGE .......JJ.Q:U,.:D.............. -
27,641. 98
TO'l'AL EARNED LESS RETAINAGE ..................... -
20,421. 00
CURRENT: - TO'l'AL PREVIOUS AMOUNTS CERTIFIED ................ -
7,220.98
TO'l'AL FOR CURRENT PAYMENT DUE ............................. -
PREVIOUS 3,071.33
PERIODS I BALANCE TO FINISH PLUS RETAINAGE ................ -
. AMOUNT' CERTIFIED ..................~~~~~
TOTAL I -
CONTRACTOR'S APPLICATION FOR PAYMENT CERTIFIED BY
B.K. Marine Construction, Inc.
3500 S.N. 14th Street ~
Deerfie1d ~4 - Signed:
Signed:
By: John Zlse-- By: AS'" · 1<:...
Date: 4/l4/94 i Date:
.
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'CHANGE Distribution to:
ORDER OWNER 0
AlA DOCUMENT C701 . ARCHITECT 0
CONTRACTOR 0
- . FIELD 0
OTHER 0
PROJECT: Iakeshore Drive . \ CHANGE ORDER NUMBER: 1
(name, address)
TO(C~ (CMner) INITIATION DATE: 4/14/94
r City of De1ray Beach I ARCHITECT'S PROJECT NO: 93-33
Jose' Aquila CONTRACT FOR: Bulkhead Rep1acerœnt
434 S.Swinton Avenue LaJœshore Drive
L Delray Beach, FL 33444 --1. CONTRACT DATE:
.
,
You are directed to make th~ following changes in this Contract:
Addi tion to contract: Deduction to ContJ¡act
Landscape Allowance: $3,500.00 Video Allowance: $300.00
Boynton landscape R. Auger Invoice $286.20
$3,306.00 $ 13.80
Sewall Hardware Indemnification $ 10.00
Invoice 263965 $ 20.21
Invoice 287037 7.56 . Testing Allowance $1,200.00
. Invoice 272350 49.05 Gi10tti Inv 6632: 40.00
Invoice 262549 46.29 \
Labor 12 Hours ~eª3ª~ . 420.00 $1,160.00
$3,849.ll Sod Included in $ 475.00
Addi tion to Contract $' 349.11 Landsca'1?6
. Deduction of contract:.. $1,658.80
$ .
_ I "st.80
,
-+oj ~~q.\\ ,'.
, -
. _ 1> [' '3 ö c¡ . Co'it
Not valid until signed by both the Owner and ArchitecL .
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
Th'e-original (Contract Sum) (Guaranteed Maximum Cost) was.. . . . .. . .... .. .... ..... .... $ 32,023.00 ·
. Net change by previously authorized Change Orders ................................... $' .00 ·
, The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ 32,023.00 :.....-
Th~ (Contract Sum) (Guaranteèd Maximum Cost) will be (~) (decreased) ~ - I, 309 ~ 69
by this Change Order ........................................... -. .... .. .. .. .. .. .. .. . .. .. . .. .. .. .. .. .. . .. .. .. .. .. .. . .. .. .... $ ·
.. The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ..:" $ 30.~713.31 ·
The Contract Time will be (i~ (unchanged) by ( 0 ) Days.
The Date of Substantial Completion as of the date of this Change Order therefore is ·
" Authorized:
;1:
John Trezise
ARCHITECT C~~~~ne Construcitbn, Inc?WNER
Address Addj!ff)o S.T~. 14th St. . Address
BY BY c:;r- ~~3442 BY
DATE DATE Ý' - /"-/-9 'I' DATE
.
AlA DOCUMENT G701 · CHANGE ORDER ,. APRIL 1978 WITION . AlA- .; œ> 1978
. THE AMERICAN INSTITUTE OF ARCf!ITECTS, 1735 NEW YORK AVE., N.W;, WASHINGTON,D;C.20006 .', ..:. .,' G701":"1978
.
.
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'?~ 0 û 'S -w. \ \.(~ Ss-\,
'D.ee r ~-c.. \ ~ ßch. F( - ~ ~ ~~\.(.L
< ~oS ) 4-2. ~ - '232,1
APPLICATION AND CERTIFICATE FOR PAYMENT
P:ro :i e c: t = LA ~ Ç,."hC'\-L (::)...,.. ß"û L\L ~.
TOI CITY OF DELMY BEACH, ENVR. SERV DPT APPliCat1on~3
Period To: 4/14/94
Attn: Jose I Aquila Contract Date:
434 S.SWinton Avenue
Via I Delray Beach, FL 33444 Architect's project No.: 93-33
CHANGE ORDERS APPROVED IN THIS PERIOD Application is made for payment as shown below.
NO. DATE ADDITIONS DEDUCTIONS The present status of the account for this Contract is ss follows:
32,023.00
ORIGINAL CONTRACT SlIM ...........................
1,309.69
NET CHANGE BY CHANGE ORDERS ..................... -
30,713.31
CONTRACT SUM TO DATE ............................ -
TOTAL COMPLETED & STORED TO DATg39.'. ?"};~ ...~J...... -
RETAINAGE I
10' OF COMPLETED WORK .......:.qg.... -
TOTAL RETAINAGE ............~.:.q9............... -
TOTAL EARNED LESS RETAINAGE ....~9J.?J..4,;n..... -
CURRENT I - TOTAL PREVIOUS AMOUNTS CERTIF1E~7.1.Q4J..9.e..... -
TOTAL FOR CURRENT PAYMENT DUE ............ J .I.Q 7), . :n.. ... -
PREVIOUS
PERIODS I BALANCE TO FINISH PLUS RETAINAGE .......0 GO..... -
~ . . ~071.E)
TOTAL I - AMOUNT CERTIFIED ................ .. .....
CONTRACTOR'S APPLICATION FOR PAYMENT CERTIFIED BY
B.K. Marine Constroction, Inc. ~
3500 S.W. 14th street
Deerf~~
Signed: Signed:
By: Trezise By: ~ A5~ '-
Date: 4/14/94 I Date: '-", '1-'- '~4
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t}/Î
SUBJECT: AGENDA ITEM i gL - MEETING OF MAY 3. 1994
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 29, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid Award - Landscape Maintenance for George Bush Boulevard
and West Atlantic Avenue - to low responsive bidder Luis
Cintrons Lawn Service Inc. , at estimated annual cost of
$24,444.00¡ with funding from Beautification Trust Fund -
Repair and Maintenance (Account No. 119-4144-572-46.40).
2. Bid Award - Annual Contract for Printing Services
(letterhead stationary, envelopes, business cards for
inventory) - to Business Printing Services, at an estimated
annual cost of $20,136.00¡ with funding from various
departmental office supplies and stationary accounts.
3 . Bid Award and Deduct Change Order No. 1 to the original con-
tract - Central Business District Alley Reconstruction
Project - Chaz Equipment in the amount of $709,235.75¡
together with deduct Change Order No. 1 in the amount of
$110,720.50 which reflects the deletion of a portion of the
sewer reconstruction scope that is included in the original
bid/contract¡ revised total contract amount $598,515.25;
with funding from Water/Sewer Renewal and Replacement
(Account No. 442-5178-536-61.47) and Decade of Excellence
(Account No. 228-3462-541-61.47).
4. Bid Award - July 4th Fireworks - to Grucci Fireworks in the
amount of $24,000.00¡ with funding of City's share ($8,000)
from (Account No. 115-0000-234-83.00) Special Events
-Fireworks. The News of Delray will fund the remaining
$16,000.00.
5. Contract Amendment of Janitorial Services Contract with
Coastal Building Maintenance Corp. (Bid #92-75) to include
the Police Department facility at a cost of $2,400.00 per
month, or a total of $16,800.00 for the term of the contract
(November 30, 1994). Funding will come from salary
savings/Custodian III position and will be available from
Janitorial Service (Account No. 001-2111-521-34.10) pending
budget transfer from Salaries.
.
6. Purchase Award - Engine Analyzer with Portable Scanner for
Fleet Maintenance Facility from Snap-On Tools Corporation
(sole source) at a total cost of $19,392.00¡ with funding
from Garage - Other Machinery/Equipment (Account No.
501-3311-591-64.90)
7. Purchase Award - Vehicle Alignment Equipment for the Fleet
Maintenance Facility from Coastal Automotive Equipment (sole
source) at a cost of $17,286.00¡ with funding from garage -
Other Machinery/Equipment (Account No. 501-3311-591-64.90).
.
.
~
Agenda Item No. : 'd-- 1
AGENDA REQUEST
Date: April 18. 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 03. 1994
Description of agenda item (who, what, where, how much): Award of
Bid #94-40 - Landscape Maintenance - N.E. 8th Street and West Atlantic Avenue -
Annual Contract
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder - Luis Cintron's Lawn Service, Inc., at
estimated annual cost of $24.444.00
/ tt
tic !?-*/ ~./y 0~
Department H ad Slgnature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding al ternati ves. ( if apPlá/able)
Account No. & DeStttip.tion: 1_~-b72-46-40 f!:£.AU.TIr::({'AT/ Hit/AlT.
Account Balance: ~l~
I
City Manager Review: ~ NO t~1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
"
·
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
THROUGH: Ted Glas, Purchasing Officer (Jt
FROM: Jacklyn Rooney, Buyer ~
DATE: April 18, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 3, 1994 - BID AWARD - BID #94-40
LANDSCAPE MAINTENANCE (N.E. 8TH STREET AND
WEST ATLANTIC AVENUE) - TERM CONTRACT
Item Before C~Commission:
The City Commission 1.S requested to award the annual contract for
landscape maintenance on N.E. 8th Street and West Atlantic Avenue to low
responsive bidder, Luis Cintron's Lawn Service I nc. , at an estimated
annual cost of $24,444.00.
Background:
The Parks Department has a need for an annual contract for landscape
maintenance on N.E. 8th Street and West Atlantic Avenue, with funding from
their budgeted operating account.
Bids for this landscape maintenance were received on March 24, 1994, from
five (5) vendors, all in accordance with City Purchasing procedures. (Bid
#94-40. Documentation on file in the Purchasing Office.) A tabulation of
bids is attached for your review.
The Director of Parks and Recreation has reviewed the bids, and recommends
award to low bidder, Luis Cintron's Lawn Service, I nc. , per attached memo.
Recommendation:
Staff recommends award to low bidder, Luis Cintron's Lawn Service, Inc. ,
at an estimated annual cost of $24,444.00. Funding from the department's
operating budget.
Attachments:
Tabulation of Bids
Memo From Director of Parks and Recreation
cc Joe Weldon
Ray Eubank
~. L.\
,
.
. .
~
£ITY DF DELIAY BEA[H
100 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
....
AI blldr;aCItJ
, ~ III!
1993
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Bid 194-40
DATE: April 15, 1994
Attached please find a spreadsheet for Bid 194-40 for landscape
maintenance on N.E. 8th Street and Wes t Atlantic Avenue. Five bids
were received with the apparent low bidder for both areas being Luis
Cintrons in the amount of $24,444. Mr. Ray Eubank checked his
references and they came back satisfactory. This should be charged to
account 1119-4144-572-46.40. Please place this on the agenda for city
Commission consideration on May 3, 1994.
W
Parks and Recreation
Attachments
JW:cp
Refstgbd9440
(i) Pr:ntec! 0.'; Rec..,c/·~'(} Pa{)('r THE EFFORT ALWAYS MATTERS
.
. . .
,-
CITY OF DELRAV BEACH
TABUlATlC»I OF BIDS
BID . 94-410
~E I'IAINTEHAHCE
N.E. 8TH STREET AND WEST ATLATHIC AVEHlÆ (BETWEEN SWINTCtI PWE. & 1-95)
.
ITEM EST. Luis West Side Tare 'Custom Lawn
. QTV. DESCRIPTIC»I Cintron,s Lawn Landscape Care Maintenance
IAREA u- N . E. 8TH STREET
1.0 44 I'OIING & LINE 77 . 00 / 75.00 / 75.00 / 100.00 / 182.40 /
TRII'I1ING 3388.00 3300.00 3300.00 4400.00 8025.60
~.o 22 EDGING 60.00 / 75.00 / 50.00 / 35.00 / 65.88 /
1320.00 Hi,O.OO 1100.00 770.00 1449 16
3.0 22 WEED COITROL 25.00 / 80.00 / 25.00 / 60.00 / 98.82 /
550.no 1760.00 550.00 1320.00 2174.04
14·0 PRLtt IHG 30.00 / 75.00 / 25.00 / 49.00 / 65.88 /
a. 12 SHRUBS 360.00 900.00 300.00 588.00 790.56
b. 12 TREES & PAlMS 27.00 / 100.00 / 25.00 / 49.50 / 65.88 /
1?L. .00 1200.00 100.00 ,94.00 790 ,fi
c. 6 ACCENT TREES 61. 00 / 50.00 / 50.00 / 100.00 / 65.88 /
366.00 300.00 100 00 ~fIfI fIfI ':tar:;. ?R
5.0 44 LITTER COITROL 6.00 / 5.00 / 10.00 / 9.00 / 65.88 /
264.00 220.00 440.00 ':ta~ flO 2898.72
~.o 22 IRRIGATlC»I 13 . 00 / 10.00 / 10.00 / 56.40 / 39.53 /
(INSPECTIC»IS W/CITY) 286.00 220.00 210 . 00 1240.80 869.66
7.0 OiEMICAL APPLICATlC»IS 250.00 / 100.00 / 175.00 / 342.00 / 200.88 /
a. 2 TURF INSECTICIDE 500.00 200.00 350.00 684.00 401. 76
b. n/a SHRlB INSECTICIDE
c. n/a FIRE ANT CONTROL
d. nfa DIEASE CONTROL
e. 2 TURF FERT. -BAHIA 155.00 / 100.00 / 100. 00 / 86.00 / 200.88 /
310.00 200.00 ?OO fIfI 17? fIfI 401. 76
t. 1 ~F FERT -ST ALOJSTlNE 150.00 / 25.00 / 100.00 / 174.00 / 319.41 /
150.00 2'·00 100.00 17"- fIfI 319.41
9. 2 ST ALOJSTIHE WEED/FEED 155.00 / 25.00 / 100.00 / 174.00 / 454.41 /
310.00 ,0.00 200.00 1 L..S~ . fI fI 908.82
h. 2 ST ALOJSTlHE INSEPT fFERT 11 0 . 00 / 25.00 / 100.00 / 342.00 / 184.41 /
220.00 ,0,00 200.00 fi8.6..00 368.82
i. 2 SHADE TREE FERTILIZTIat 75.00 / 200.00 / 100.00 / 179.50 / 167.94 /
150.00 1.6.00 00 200.00 1,Q.00 ':1':1, RR
j. 4 PALM TREE FERTILIZATIC»I 40.00 / 100.00 / 100.00 / 130.25 / 167.94 /
160.00 l"-fIfI fIfI 400.00 ,?100 671. 76
k. 3 SHR1A3 FERTILIZATIat 60.00 / 100.00 / 100.00 / 52.00 / 251.91 /
180.00 100 00 100.00 1 r:;. f. fIfI 755.73
8.0 3 ""-«H 100.00 / 300.00 / 100. 00 / 225.00 / 301. 32 /
300.00 laflfl fIfI ':100 fIfI ~7r:;. fIfI 901.9fi
TOTAL BID PRICE
AREA .1 $9,138.00 $12,075.00 $8,750.00 $13,681.80 $22,461.68
.,
.
. . .
"-
TABULATICJoI OF BIOS can....
Page two
ITet ESTJ Luis West Side Tare Custom Lawn
. QTY. DESCRIPTICJoI Cintron's Lawn Landscape Care Maintenance
AREA ~ - W. ATLANTIC AVENUE
1.0 44 f'DIIHG AND LIHE 75.00 / 75.00 / 75.00 / 76.00 / 328.80 /
TRII11IHG 3300.00 3300.00 3300.00 3344.00 14467.20
2.0 22 EDGIHG 78.00 / 75.00 / 150.00 / 45.00 / 248.88 /
1716. 00 l¡;,\n nn 3300.00 990.00 5475 3fi
3.0 22 WEED CDlTROL 82.00 / 80.00 / 100.00 / 90.00 / 117.12 /
1804.00 1760.00 2200.00 1980.00 2576. 64
4.0 PRlJoIIHG 77.00 / 75.00 / 100.00 / 525.00 / 117.12 /
a. 12 SHRlBS 924.00 900.00 1200.00 6300.00 1405.44
b. 12 TREES & PAU1S 60.00 / 100.00 / 200.00 / 50.00 / 87.84 /
720.00 1200.00 2400.00 600.00 1054.08
c. 6 ACCEHT TREES 77 . 00 / 50.00 / 100.00 / 50.00 / 117.12 /
462.00 100,00 600.00 300.00 702.72
5.0 44 LITTER COITROL 7.00 / 5.00 / 20.00 / 9.00 / 87.84 /
308.00 220.00 880.00 196.00 ~R¡;l.. Qf\
6.0 22 IRRIGATICJoI 118.00 / 10.00 / ¡ 20.00 / 75.25 / 87.84 /
(IHSPECTICJoIS W/CITY) 396.00 220.00 I 440.00 1655.50 1932.48
7.0 OiEMICAL APPLICATICJoIS 228.00 / 100.00 / ¡ 100.00/ 456.00 / 207.84 /
a. 2 TURF IHSECTICIDE 456.00 200.00 i 200.00 912.00 415.68
i
. I
b. n/a SHRU3 IHSECTICIDE
c. n/a FIRE ~T CDlTROL
d. n/a DIEASE COITROL
e. 2 TURF FERT. ~IA 100.00 / 100.00 / ì 100.00 / 45.50 / 178.56 /
200.00 "Inn nn ?no.oo 91.00 1'17. l?
f. 1 TURF FERT -5T ALGJSTIHE 100.00 / 25.00 / I 100.00 / 182.00 / 327.84 /
100.00 25.00 ¡ 1 00. 00 182.00 327 R4
9. 2 ST ALGJSTIHE WEED/FEB> 100.00 / 25.00 / I 100. 00 / 91. 00 / 447.84 /
200..00 50.00 i 200.00 182.00 8(1).68
h. 2 ST ALGJSTIHE IHSECT /FERT 100.00 / 25.00 / I 100. 00 / 456.00 / 207.84 /
100.00 25.00 I 100.00 456.00 l..l'\ ¡;R
i. 2 SHADE TREE FERTILIZTIOI 200.00 / 200.00 / ¡ 200.00 / 124.00 / 178.56 /
!
400.00 400 00 ! 400.00 ?l..R.OO 357.12
j. 4 PALM TREE F~TILIZATIOI 155.00 / 100.00 / ! 400 . 00 / 44.00 / 178.56 /
620.00 l..OO nn 1600.00 176.00 714,24
k. 3 SHRU3 FERTILIZATICJoI 200.00 / 100.00 / 400.00 / 264.25 / 267.84 /
600.00 ~nn nn 1200.00 792.75 RO~ '\7
8.0 3 I'LllOi 1000.00 / 900.00 / 900.00 / 600.00 I 311.76 /
1000,00 2700 00 2700.00 lAnn nn 935.28
TOTAL BID PRICE
AREA ~ $15,306.00 $13,850.00 $21,120.00 $20,405.25 $36,701.04
GRAND TOTAL BID
PRICE Fæ $24,444.00 $25,925.00 $29,870.00 $34,087.05 $59,162.68
MEA'S 1 & 2
,
. , .
"-
TABUlATION OF BIDS COHT....... Page three
Luis ~West Side Tare Custom Lawn
ADDITlOHAL w:R< (IF HEEDED): Cintron's Lawn Landscape Care Maintenance
13.a SQ) REPUCeMEHT
(sq. ft. price) 5.00 7.00 2.00 .25 .26
b. PLANT & TREE IHSTALLATlC»I
(labor per hour/per 1IIiII"I) 35.00 100.00 100.00 18.50 * 20.00
c. FERTILIZING
(labor per hour/per man) 35.00 75.00 50.00 18.50 20.00
d. ADDITlOHAL PEST COHTROl
(per 50 gal applicat.ion) 128.00 200.00 150.00 75.00 200.00
ADDITIONAL PEST COHTROl
(per 50 lb. APplicat.ion) 128.00 100.00 100.00 55.00 200.00
e. FIRE PtlT COHl'ROL
(labor per hour/per nan) 35.00 25.00 20.00 18.50 ** 20.00
f. WATER TRlD< - water 86
shade t.rees and 9 1000.00 1250.00 950.00 350.00 400.00
Coconut PallllS
9. WATER TRlD< - water 77
Black Olive Trees 498.00 1250.00 950.00 350.00 350.00
TS/ÐO:EPTIONS * Equipment
not included
** Chemicals
not included
..
7L.· :L
Agenda I tern No.:
AGENDA REQUEST
Date: April 22, 1994
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: May 3, 1994
Description of agenda item (who, what, where, how much): Annual Contract-
Printing Services - Letterhead stationary, envelopes, and business cards tor
inventory per Bid #94-43 at an annual cost of $20,136.00.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Vendor: Business Printing Services at an estimated annual
cost of $20,136.00.
¡ /If~~ -;;z
Department Head Signature: ~/) &~4. . 4Þ.j9.f
Determination of Consistency with Comprehensive Plan:
,
......
~
J
City Attorney Review/ Recommendation (if applicable): '"
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: ~/ NO
. Funding alternative . (if applicable)
, Account No. & Desc~fiPtion: -' NV~N1O~ f'rU(:,tUn
Account Balance: k
/
City Manager Review:
Approved for agenda: &/ NO t?-/1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
M E M 0 RAN DUM
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: ROBERT BARCINSKI, ASSISTANT CITY MANAGER ~
THROUGH: TED GLAS, PURCHASING OFFICER ø
JANICE 5LAZYK, BUYER ~
FROM:
DATE: APRIL 20, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING-
MAY 3, 1994 - BID AWARD - BID # 94-43
PR I NT I NG SERV ICES _. ANNUAL CONTRACT
I t ~~L. ß.~:f. Qr.::g" ç,~. t y"., Ǻmm,~, ?:?,!. º[I I
The City Commission is requested to make awat-d to Business
Printing Services, for Printing Services at an estimated
annual cost of $20,136.1210.
ªªçJ:,m=,g'='~!J,9"t
The City has need of an annual contract fOt- Printing
Set-vi ces (City Letterhead Stationary, Envelopes and Business
Cards) which are inventoried 1n the Purchasing Warehouse for
the various departments.
Bids for these ser'vi ces were !"'ecei ved on April 6, 1994 from
sixteen (6) vendors, all in accordance with City purchasing
procedures. (Bid :It 94-43. Documentation on file 1n the
Purchasing Office.) A tabulation of bids is attached for
your review.
Low pt-ic:ing is as follows:
y'~[IºQr.:::: BUSINESS PRINTING SERVICES
bêtt~r.:::b~ªº_§tªtiºDªr.:::Y: $46ØØ.ØØiyear
~IJ Y.:ê. !..gp',?:?,,~1J?I: 4384.ØØiyear
slJy.~l ºP'~:?",WJ,[Iºº!f.:I: 4752.0Ø/yeat-
ß.µ:?iD~:?:?_Ǫr.:::º_JMª:?t~[
R,=,m""~~"..~~~...",(4,,,X,t.4!}:?t.yr.::· : 3ØØØ.Øø/year
ß.µ:?iD~:?:?_Ǫr.:::º_lmpr.:::iDt: 34ØØ.ØØ/year
..\ ªª :?ê.9. ....,g!J. '''' [,l.:!.!} ....,gf. "..~~,..~I?l~
.. 4. ..... r.:: Yf..!:?'!. y[:;< ------------
TOTAL $20,136.ØØ
Samples located at the Put-chasi ng Off ice.
<6".J...=~
.
Page 2. Printing Services continued....
Business Printing Services is currently supplying the City
with Continuous Forms fot- various depat-tments with an
acceptable 1 eve 1 of service. Examples are: Purchase
Orders'j Accounts Payable Checks, Payroll Checks~ and
Invoices.
6gç,QmmgQºªt:t QQ,:'"
Staff recommends awarding to Business Printing Services as
stated above, at an estimated annual cost of $20,136. 1lI1lI.
Bttªçhf.I.l~r.::r~~Œ
Tabulation of Bids
.
. .
....
S.... SO SO so S
00 SU ~U ~U S
.Q . . Q
-z It-O:: 000:: SO:: ISi 110 L¡J-
o 000 r--w ..oW ~W IIOS -::tOO (!)#
U D-III -CI.. r--CI.. \l')CI.. -::tom .N Q
~ It-<I: ~<I: *<1: ><.¥t ><0. WE
ïrl ¥t~ *CI.. ¥tCl.. IIIl. Nil 0..... ~~
Q 11<1: IIZ IIQ ZOO ONM OZ
o U " " -0 ""NS OM"" Zw
III ..0- SW ~<I: SlO .NS .~.. ~Q
- ..oLL II')~ m.J .CI.. O~. 0 co UQ
.... .lO ..J -E ""..0 0 N <1:<1:
~ _~ 1")<1: __ __ "" _ co ~
5i NO:: MW NQ ¥tlO ~ ¥t ~
I>. ¥tW ¥t ¥t
U
S S CD ISi S
It- ..0 00 & & II
CD~ ~~ S CD~ II S 0 ß-
<I: ..0% ~Z 00 -z -::tos -::to CO (!)#
lO ~.... ..0.... 1"'; ill- 0 ..0 . M Q
:J ~o r--o ..0 .0 ><.¥t ><0. WE
¥tCl.. tltCl.. tit <I: CI.. N 0 \0 .J:J
~ U II 0"11 O-::t\O ~Q
Z IIlO IIlO IICI.. UJ 00 ON 0\ 0%
.... m m ..om .N 19 .~.. Zw
0:: no so r-- 1":'0 CO~s 0 N ::'::Q
CI.. o:te: It-e: - ."..... 0 N UQ
ri-U ,..:U c:- ~u "" ~ \0 ~ <1:<1:
- N r~ "" ~.. ~
tit tit ..
r-- N
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Agenda Item No.: r·L.3
AGENDA REOUEST
Date: April 27, 1994
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: May 3, 1994
Description of item (who, what, where, how much): Staff requests city
Commission to award the contract to Chaz Equipment Co., Inc. for the Central
Business District Alley Reconstruction project - Phase II (93-02) in the amount
of $709,235.75. Additionally staff requests approval for deduct Change Order #1
for the deletion of a portion of the sewer reconstruction scope that is included
in the original bid/contract. Change Order #1 is for a net deduct of amount of
$110,720.50 resulting in adjusted Contract amount to date of $598,515.25. The
original bid tabulation is attached to this agenda request. Schedule "A"
attached to Change Order #1 reflects the revised quantity of sanitary sewer
to be installed under this Contract.
Funding Source tabulation based on the above is as follows:
Fundina Source Oria Contract +/- C.o. #1 = Revise Amt
W/S Ren & Rep 442-5178-536-61.47 $337,421. 50 - 115,843.00 = $221,578.50
Dec of Excell 228 J46! 541-61.47 5371. 817.25 + 5.119.50 = 5376.936.75
"8lb
Totals $709,235.75 - 110,720.50 = $598,515.25
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:Staff Recommends award of Contract and approval of Change Order
#1
Department Head IltJJ/J2 or;-.~;! Iµ~ld
Signature:
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 (i~PPliCable)
Account No. & Description!M-2.....SJ7g-G~.{p1-41 W $ Rife.-C./3DAU£fvV.AYS PH r
Account Balance 'Z:z.z.,(;()O
Zz.c¡- 3/hz.-51-1. {P1-4- 7 JV£lL - C.13D A L.u;;jV\JA'IS
City Manager Review: 8 3-¡~/q37 PGNÞ/NG¡ T~kr
Approved for agenda: E ~NO ý,1t/l
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9202.doc
,
ENVTIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
TO: DAVID T. HARDEN
FROM: WILLIAM H. GREENWOOD ø ø
DATE: 04/28/94
SUBJECT:CENTRAL BUSINESS DISTRICT ALLEY RECONSTRUCTION PROJECT
PROJECT No. 93-02
Attached for your review are the original bid tabulation, the revised bid tabulation, an agenda
request for award of the contract, and deduct change order No.1 to the contract.
The revised bid tabulation reflects the deduction of the scope of sewer reconstruction work, and
modifications of the paving quantities required as a result of the revised sewer scope. The paving
grading, and curbing of two alleys were redesigned to accommodate sewers that were not
reconstructed.
Change Order No. 1 represents the deduct in the contract amount for the reduction in scope of
sewer reconstruction. Chaz Equipment incorporated remains the lowest responsive, responsible
bidder with this Change Order. We recommend award to Chaz Equipment Co. Inc., in the
amount of$ 598,515.25. ($ 709,235.75 - $ 110,720.50 = Original Bid - C.O. #1)
WHG:JCR:jr
CC: Ralph E. Hayden
File: 93-02 (D)
c:\93-02\award.doc
,
.
-
~ CIty of DeIray Beech
Dep8.b....... Budg8I Transfer
,1) Dep&rtmentaI line Trllllfer (2) Date 29-Apr-94
(3) Intertundflnterdep8r1mental Transfer (4) Batch Number
Linda Turnage, Budget Administrator
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT 1(9) TRANSFER IN
228-2311-522,61-56 DOE PH II-Central Fire Sta. 'v35.000
228-2311-522,61-57 DOE PH 11- Fire Sta, NO.5 \'4.185
228-3162-541.13-10 DOE PH 11- Sts, Alleys. Sidewlks- PT \'3.950
228-3162-541,21-10 DOE PH 11- Sts. Alleys, Sidewlks- ICA \'-.1327
228-6111-581,99-01 DOE PH 11- Project Reserve 3,303
228-3162-541,61-47 DOE PH 11- CBD Alley Reconstru tion \., 46,765
(10) TOTAL 46,765 46.765
JUSTIFICATION: To fund the bid award for the Central Business District Alley Reconstruction
project, No. 93-02, Funding from the Fire Station projects is a result of the projects being completed under
budget. transfer from Parttime salaries is a correction and the coding will be moved to the DOE PH II
Engineering Division, Balance of bid award to be funded from Project Reserve,
Department H88d Aut City Manager
Judget Officer CityM
.
(11) BudgeI RevIIk)n Date (12) Control Number
(13) P.-tod (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT !? £....:3
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 93-02 DATE:
PROJECT TITLE: Central Business District Alley Reconstruction Project - Phase II
TO CONTRACTOR: Chaz Equipment Co., 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:
The scope of work is per attached "Revised Bid Tabulation - Revised Sewer Quanties"
reflecting reduction of sanitary sewer quantities identified as Schedule "A". Payment
will be made at the respective unit prices for actual field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 709,235.75
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 709,235.75
COST OF CONSTRUCTION CHANGES THIS ORDER $- 110,720.50
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 598,515.25
PER CENT DECREASE THIS CHANGE ORDER 15.7 %
TOTAL PER CENT DECREASE TO DATE 15.7 %
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.
for Chaz Equipment Co., Inc.
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Env Serv Dept: Water/Sewer Renewal and Replacement 442-5178-536-61.47 - $115,843.00
Decade of Excellence 228-3462-541-61.47 + $ 5,119.50
$110,720.50
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
.
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Agenda I tern No. : '? L.. . <..f
AGENDA REQUEST
Date: April 25. 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 3. 1994
Description of agenda item (who, what, where, how much): Award Fourth of
July fireworks bid #94-39 to Grucci Fireworks in the amount of $24.000 to be paid out
of account #115-0000-248-83.00.
ORDINANCE/ RESOLUTION REQUIRED: YES9 Draft Attached: YES/NO
Recommendation: Approval.
~ d~·
Department Head Signature, ~ - -
Determination of Consistency w~t Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative . . ~~~iCable)
Account No. & DeSCrip.ti0c2=: WI-f/II-S/I.L}Br-rU
Account Balance: '1,:t::j((). 1
City Manager Review:
Approved for agenda: ð/ NO ¿í¡J1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
- .
£IT' DF DELIA' BEAEN
100 N.W. 1st AVEr'JUE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000
....
mr
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: July 4th Fireworks Funding
DATE: April 25, 1994
Attached please find a spreadsheet for the July 4th fireworks proposal.
Although Zambelli and Pyrotechnico bid the greatest number of shells,
their increase over Grucci is in the small 3" diameter shell. Grucci
outbid or tied both Pyrotechnico and Zambelli from the 4" shell through
the 12" shell. I recommend the bid be awarded to Grucci Fireworks.
Just this morning Mr. Coover of the News of Delray called and indicated
that the News will fund the additional $16,000 needed to pay for the
July 4th fireworks. While the News will be responsible for the
$16,000, he hopes to be able to get co-sponsors to help finance this
project.
If possible, I would like this placed on the May 3, 1994 agenda for
City Commission consideration.
Parks and Recreation
Attachment
Ref:dh74fund
THE EFFORT ALWAYS MATTERS y.L..w.tf
@ er'nt2(} l)n Rer'I,/,.ln'" P'-ì'1)'
L. "_ ,..(, , (,.'
".
JULY 4, 1994 SPREAD SHEET
Shell Size Grucci Pyrotechnico Zambelli
3" 658 - 45% 838 - 54.3% 900 - 56.4%
4" 344 - 22% 306 - 19.8% 296 - 18.5%
5" 225 - 16% 172 - 11.1% 190 - 11. 9%
6" 180 - 13% 175 - 11.3% 164 - 10.3%
8" 44 - 3% 35 - 2.2% 32 - 2.0%
10" 8 - .5% 8 - 0.5% 8 - 0.5%
12" 8 - .5% 7 - 0.4% 6 - 0.4%
Total 1,467 - 100% 1,541 - 99.6% 1,556 - 100%
# of Shells
4" - 12" 809 703 656
<,
"
Agenda 5
I t em No.: ~.L.
AGENDA REQUEST
Date: April 21. 1994
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: May 3. 1994
Descript~on of agenda item (who, what, where, how much): Amendment
to Janitorial Se~vices Contract - Bid #92-75:
To add Polic~ n~partm~nt Fac.ility Rt R co~t of $7400 p~r month.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
.
Department Head Signature: í?~.-9 4~ 4þ.rA</
.
Determination of Consistency with Comprehensive Plan:
.
--"
J ~
City Attorney Review/ Recommendation (if applicable): A
.
-P Budget Director Review (required on all items involving expenditure
of funds):
~
Funding available: ESV NO
. Funding alternatives. (if applicable)
\ Account No. & Description kJß,-7J f{-5::iL--,.:W-- (n 'J7J)/ITœJA-L- .::œ.\lIce-
Account Balance: 1V 6r¿ ~ Æ£em PeoM SÆt...AfZle5
./
City Manager Review: q,/'i11 m A<-i - S€J'í
Œ9/ NO t/r]
Approved for agenda: 'fÍi .5 mo. :: I ::( . 000
Hold Until:
Agenda Coordinator Review: t14/Q'S' óc-r' tJ'tJt).. Jf, <¿' 0-0
---
Received: 1', '800
Action: Approved/Disapproved #Jeu...ffÞI1
'.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
FROM: Ted Glas, Purchasing Officer ~7
DATE: APRIL 21, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 3, 1994 - CONTRACT AMENDMENT
JANITORIAL SERVICES CONTRACT
ACTION
The City Commission is requested to amend the janitorial services contract
with Coastal Building Maintenance by adding the Police Department
Facility, at a cost of $2400. per month.
BACKGROUND
The city Commission awarded a contract for janitorial services to Coastal
Building Maintenance on November 17, 1992, all in accordance with Bid
'92-75. This contract will terminate on November 30, 1994, unless extended
for another term.
The Police Department has cleaned their facility with a City
employee, (Custodian III), but now recommends contracting out for this
service, per attached memo from Police Department.
In order to keep from having different janitorial contracts expiring on
different dates, it is recommended that the police facility be added to
the current contract with Coastal Building Maintenance at a cost of $2400.
per month.
The price of $2400. is believed to be fair and reasonable. The current
cost for cleaning City Hall with 39,300 sq. ft. is $2350. The police
facility has 37,850 sq. ft. and is used 24 hours a day, seven days a
week. In past years it cost $2900. to clean the police facility with an
outside service.
The Police Department has reviewed their cleaning service needs with
Coastal Building Maintenance, and recommend them. The Facility
Maintenance Superintendent and the Deputy Director of Public Works concur
with this recommendation.
RECOMMENDATION:
The Purchasing Officer concurs with the recommendation to arnrnend the
janitorial services contract with Coastal Building Maintenance to include
the Police Department Facility.
Attachments
Memo from Police Department
Letter from Coastal Building Maintenance
c: Chief Overman
Bill Cochrane
'f{ . 1-- b
'.
. .
DELRAY BEACH
, l 0 .. , (I ..
Delray Beaeh Poliee Department .....
All-AnBlcaClty
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , IUI!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Ted Glas, Purchasing Officer
FROM: William H. COChrane~strative Officer
DATE: April 18, 1994
SUBJECT: BUILDING MAINTENANCE
Based on the upcoming loss of our Custodian ill, Chief Richard Overman has directed me
to replace the position with a contractual service. The attached proposal from Coastal
Building Maintenance for $2,400.00 per month has been evaluated and found to be
extremely fair, considering it includes service seven (7) days per week. (Previous outside
vendor was charging $2,900 per month for five day service).
Coastal. Building Maintenance is the current contractor for all City buildings (based on
bid) and have an excellent reputation for service.
We recommend you approve this request and seek City Commission approval at your
earliest convenience. Funds will be transferred to 001 2111 521 34.10 upon approval.
Your consideration is appreciated.
WHC/ppt
'.
·
œ~
Coastal Building BUILDING MAINTENANCE CONTRACTORS
Maintenance Corp.
April 21, 1994
Ted Glass
Purchasing Officer
100 N.W. 1st Avenue
Delray, FL 33444
RE: Janitorial Services for Police Department
Dear Mr. Glass:
Thank you for giving Coastal Building Maintenance, a division of
Sullivan Service Company, Inc. , the opportunity of sUbmitting a
program for the janitorial maintenance for your police department.
The reason for this letter is to confirm that the Delray Police
Department will be an additional building added on to our existing
contract with the City of Delray. The price of this service will
be at a cost of $2,400.00 per month. I have talked with william
Cochrane of the Delray Police Department and we have tentatively
set a start up date for Monday, April 25, 1994.
Thank you again for this opportunity. Please do not hesitate to
call me if you have any questions.
Sincerely,
~~
Matthew R. Sullivan
Sales Executive
MRS:jja
659 N. Biscayne River Drive. Miami. Florida 33169 . Dade (305) 681-6100 Broward (305) 764-1433
'.
.
.
Agenda I tern No. : ? L.. ~
AGENDA REQUEST
Date: April ? '). lqq4
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: May 3. 1994
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Snap - On Tools Corporation at a total cost
of $19.192.
, 1~/ -;?~~0~,
4 /
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
~
......
J ~
City Attorney Review/ Recommendation (if applicable): ...
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~ NO
Funding alternativ . , 4~&~-ÒT¡fJl µÆCH-/
\ Account No. & oesc4f#¡on, t-'1;f-?5~fl-:5II.~
Account Balance: .to E-:a ¿,ll (7(l-téaJr
/'
City Manager-Review:
Approved for agenda: {i};/ NO ty(
Hold Until:
Agenda Coordinator Review:
Received:
" , Action: Approved/Disapproved
'.
.
MEMORANDUM
TO: David T. Harden, city Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer dJt
DATE: APRIL 26, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 3, 1994 - PURCHASE AWARD -
ENGINE ANALYZER WITH PORTABLE SCANNER
ACTION
The City Commission is requested to approve the purchase of an engine
analyzer from Snap-On Tools corporation at a total cost of $19,392.
BACKGROUND
The Fleet Maintenance Facility has need for an engine analyzer with a
portable scanner, per attached memo from Fleet Maintenance. Funds were
allocated in the FY 93-94 budget for this diagnostic equipment.
The Deputy Director of Public Works and the Fleet/Facility Maintenance
Supt. recommend purchasing a demonstrator unit ( Sun Interrogator
Electronic Model MCS 2500 ) on a sole-source basis, per attached memo.
The Snap-On Tools Corporation is offering a 20% discount from their list
price for the demo unit, or a cost of $17,592. The Fleet/Facility Supt.
is also recommending the purchase of a portable scanner attachment, at a
cost of $1800.
RECOMMENDATION:
The Purchasing Officer concurs with the recommendation to purchase the
engine analyzer from Snap-On Tools Corporation, at a total cost of $19,392.
Attachments
Memo from Public Works
Quotation from Snap-On Tools corporation
c: Richard Corwin
Richard Sandell
V
<6,L¥
.
.
.
MEMORANDUM
To: Ted Glas
Purchasing Officer
From: Richard V. Sandell
Fleet/Facility Mainl ~
Thru: Richard Corwin
Deputy Director of Publi ks
Date: April 26, 1994
Subject: Engine Analyzer
The 1994 FY budget includes funds for the replacement of our Sun Interrogator electronic
engine analyzer. We have the opportunity to purchase the new Sun model MCS 2500
analyzer demo unit from the Snap-On/Sun Training Center. The unit is new, having only
been used for light demonstrations. This is a Modular Computer ~ystem built around the
Intel 486 processor and incorporating a CD drive to allow easy, inexpensive upgrade to
new equipment specifications. The upgrades are provided on a quarterly basis for one year
at no additional cost. The List price of $21,990 is discounted to us to $17,592.00 as per
the attached quote. Attached also are the current price list and the pricing effective 5/1/94
indicating an increase of $1,105. The quote to us is valid for 60 days so the new price will
not affect our cost. This unit is in our shop for demonstration purposes and may be
inspected at any time in the next 2 weeks.
The. Sun· "Interrogator", currently owned by the City, has been upgraded as much as
possihle and it is our intention that it will continue in service for the functions it was
designed for. It can be used as a four gas analyzer and electronic diagnostic tool but it
cannot provide the statistical and analytical capabilities of the new machine. It has no real
trade-in value because of the upgrade limitations but allows our technicians greater
flexibility in performing many maintenance services. It will continue to be valuable
especially on older, non-computerized vehicles. As our fleet is modernized due to
attrition/replacement we will continue to evaluate the wisdom of disposing of this tool at
auction.
The purchase of this unit will leave adequate funds to purchase the companion Snap-On
"Scanner" for portable (on the road) diagnostic activities at a cost of $1,800.00. Training
on this equipment will be provided at our facility by Snap-On/Sun at no additional cost.
Our technicians are already familiar with the basic operation of this unit as it follows the
operation of the current Sun equipment we own. T raining will only need to be on the
additional features this state of the art unit allows. Please prepare a request for
Commission approval to purchase this equipment as soon as possible.
Cost: $19,392.00
Fund source: Account #501-3311-591-64-90
'.
.
"-
þnr-~·&n.e Snap-on T~mlon
!!::~~~ .
·SNAP·ON TOOLS CORPORATION ICH ~/ZD /ð~77 /U ¿..-tI
QUOTATION S'c,¿:J I t?v~ Cl- U B 1<...t:>,
¿.V, ¡;~ EcH" Pc--
Company C /r'r lJP þ8 íl4)-. 334.115""
Street Address y'3V S, :SÛ~hl/?ð-A/ /¡L/€ - ~ I2EP -41) ¡¿t: læJJI1.
City and State lJ 13 LIlA Y ð€-:AC'#,.- / ð¡:: / i/~/7v
Page No. Date
Attention -1'í C#,tt'1.R P .....<:'ANP;rç; tJ-
Your Ref. No.
SHIP TO: Valid for (.,() days
Company Terms: IV E'T 31')
Street Address EO.B. ~ 1+ , PPINl-
City and State Delivery "12 \ G t+
By:~ .JII' Snep-on Tools
Attention --r. :>
.P
Item Cat. ,
No. Stock No. Description Pg. Qty. Unit Price Amount
Ref.
1 JI1/J,..~ ..') c:/)~ .. <)I'.Þ^/- C --... ... I (; :J1Q90 ¿1ST
- . Ll" ,. 4... ,
.^-~
.<;: ""~I"IO
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g/l5/c- ~HIJjAJ~ A-f AlO Cð b7 rÐ ( Vr)P ðF' ~£)/A.J...
,
./f'D..Yih f ".r:i ) 7,7 ~.". ..IJ Av/¡/~"'.n .r- lfi-?"' Jt:krJ~- , ... . ,.."., t:: ~~
,<,..,., TV'
4 . ¡,;. ~q
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SA 44H ~T.M. Reg. U.S. Patent Office If additional lines are needed use Form BA-44H-1. Printed in U.S.A
FM See "Conditions" on reverse side. 1 2/90
.
.
MCS 2500 Modul~r Computer System
. o Get This... Order This... Price
MCS 2500 Basic MCS-250o-1-o '. 10.695.00
MCS 2500 Intermediate MCS-2500-2-o 14.395.00
MCS 2500 Advanced MCS-2500-3-o 17.995.00
MCS 2500 Fully-Loaded MCS-250o-7-o 21.990.00 ~
MCS TECH REP DEMO MODEL MCS-2500-4-0 18.995.00
Features 1-0 2-0 3-0
- 14· super VGA monitor STD STD STD STD STD
- 486SX25 processor STD STD STD STD STD
- 3-1/2· 1.44 megabyte floppy dñve STD STD STD STD STD
- 130 megabyte hard drive STD STD STD STD STD
- cabinet STD STD STD STD STD
- 4 megabytes RAM STD STD STD STD STD
- pod communication (PC) interface STD STD Sl.D STD STD
- power distribution STD STD s-f"D STD STD
- boom kit STD STD STD STD STD
- mouse & driver software STD STD STD STD STD
- MS-DOS 5.0 0552-0050 STD STD STD STD STD
. - VIP-1-10 VlP-1-10 STD STD STD STD STD
- 24-pin printer 1091-0314-1 OPT STD STD STD STD
- remote control 1091-0234-2 OPT STD STD STD STD
- 12 volt DC receptacle 1091-0266-1 OPT STD STD STD STD
- VIP-2-10 . VlP-2-10 OPT STD STD STD STD
- CD-ROM d.rive 1091-0247-1 OPT OPT STD STD STD
- Diagnostic Database ADDDB-1 OPT OPT STD STD OPT
- +gas bench 1091-0311-1 OPT OPT OPT STD
MCS 2500 Options
To Get This... Order This... Price
Four-gas bench / 1091-0311-1 3,995.00
24-pin printer 1091-0314-1 695.00
Remote control 1091-0234-2 465.00
CD-ROM kit 1091-0247-1 695.00
12 VDC receptacle for scan tool 1091-0266-1 60.00
0 VIP 2 w/10 foot leads VIP-2-10 2,950.00
-
PAGE 3
'.
.
. .
Agenda Item No.: 8)...·1
AGENDA REQUEST
Date: April 26, 1994
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: May 1. 1994
Descriptlon of agenda item (who, what, where, how much): Purchase Award -
Vehicle Alignment Equipment j9(!c.:t Ct>¿ 5'ð/- 3~'1 - S 9/ - t:.'¡. 9tJ
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Coastal Automotive Equipment at a cost
of $17,286.
L ~/
'/ J}í /
Department He~ Si~nature' p~A> A«---<-.....-¡t; 1/Z1),'¡
&-
Determination of Consistency with Comprehensive Plan:
~
.....
..
J
City Attorney Review/ Recommendation (if applicable): ...
'.
Budget Director Review (required on all items involving expenditure
of funds): "
Funding available, ~ NO
, Funding al ternati ve . rJjl ~,. t¡ , ú..4 MÁeÅG~icable)
Account No. & DeSC~ti0Q' /- 1/-"9 (. :t¡t). -Díf~
Account/ Balance: qq .ID rtA.CH{N~)?~()'/-P
City Manager Review:
Approved for agenda: @/ NO ~1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: April 27, 1994
SUBJECT: Proposal to Purchase Front-End Alignment Equipment
This item was approved for purchase in the FY '94-'95 budget. The
analysis presented by Mr. Sandell illustrates a savings in cost, at
the current level of 150 alignments per year, primarily in transport
costs and tire savings.
With 300 vehicles in the fleet we should be aligning vehicles more
frequently ( twice per year standard, more frequently for emergency
vehicles). The analysis for 600 vehicles shows a reduced savings,
however, I think we can experience a greater savings in tire costs and
be able to reduce our costs for other front-end work.
I concur with Mr. Sandell's recommendation.
RAB : kb
1s" .l...l
.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer ø~
DATE: APRIL 26, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 3, 1994 - PURCHASE AWARD
VEHICLE ALIGNMENT EQUIPMENT
ACTION
The City Commission is requested to approve the purchase of vehicle
alignment equipment from Coastal Automotive Equipment at a cost of
$17,286.
BACKGROUND
The Fleet Maintenance Facility has need for vehicle alignment
equipment, per attached memo from Fleet Maintenance. Funds were
allocated in the FY 93-94 budget for this equipment.
The Deputy Director of Public Works and the Fleet/Facility
Maintenance Supt. recommend purchasing a demonstrator unit ( Hunter
Computer 4-Wheel Aligner ) on a sole-source basis, per attached memo.
Coastal Automotive Equipment is offering a 24% discount from their
list price for the demo unit, or a cost of $17,286.
RECOMMENDATION:
It is recommended that the vehicle alignment equipment be purchased
from Coastal Automotive Equipment, at a total cost of $17,286.
Attachments
Memo from Public Works
Quotation from Coastal Automotive Equipment
c: Richard Corwin
Richard Sandell
.
.
,
MEMORANDUM
To: Ted Glas
Purchasing Officer
From: Richard V. Sandell
Fleet/Facility Main!. ~
Thru: Richard Corwin
Deputy Director of P Works
Date: April 25, 1994
Subject: Vehicle Alignment Equipment
The 1994 FY budget includes funds for the purchase of front end alignment equipment.
We have the opportunity to purchase a new "Demonstration" system from Coastal
Automotive Equipment as per the attached quotation.
Please prepare a request for Commission approval to purchase this equipment as soon as
possible.
Cost: $1 7,286.00
~ ~unt#501-3311-591-64-90
. ï.~
Richard V. San ell --
Fleet/Facility Maintenance Superintendent
cc: Robert Barcinski Assistant City Manager
end.: Hunter/Coastal Automotive Quotation
/rvs
'.
, ~~
MEMORANDUM
To: Robert Barcinski
Assistant City Ma~
From: Richard V. Sandell
Fleet/Facility Maint ~
Thru: Richard Corwin
Deputy Director of Pu i orks
Date: April 26, 1994
Subject: Vehicle Alignment Equipment
I have submitted a request for Commission approval to purchase alignment
equipment for the City Gårage. This purchase was approved by the budget process
for FY 1994 and the funds are specifically allocated for this equipment. This
document is to reinforce the arguments successfully made just one year ago for the
acquisition mentioned above.
The use of alignment equipment in major fleets is as common place and as
necessary as tire mounting equipment and a tire inflation gauge. The fact that this
responsibility has been abdicated by previous shop administrations is only an
indication of the lack of understanding of a professional fleet operation. We. have
no such misgivings and are prepared to accept this responsibility with the current
maintenance staff. Training, in addition to current experience, is provided with the
equipment so there is no excuse not to proceed with the implementation of this
long neglected service.
We operate 300 passenger cars and light trucks which will be covered by this
alignment program. Currently we are doing all the preliminary work, tire
replacement, balance and inspection, prior to sending our vehicles to an alignment
shop. The additional time required to check vehicle alignment is about fifteen
minutes. When adjustments are required the computer prompts the mechanic with
step by step instructions to correct any abnormalities. Typically problems will be
minor toe in/out or castor/camber adjustments. These adjustments take only ten to
fifteen minutes. If there are worn components requiring replacement, tie rod ends,
ball joints, stabilizer bars, shock absorbers, etc., they will be replaced as they are
now by our technicians, unless covered by the manufacturer's warranty.
Tire wear and vehicle alignment are the responsibility of the vehicle owner and are
not covered by any warranty available at this time. Vehicles aligned at outside
facilities are warranted for a period of six months. This is the expected life of an
alignment and should be rechecked in any case. The maintenance program in the
City Garage will provide a minimum of two alignments per year. High mileage
vehicles will be serviced accordingly. This inspection, on vehicles covered by
warranty, ensures that the City will get the maximum benefit from the extended
warranties we are specifying with the new vehicle purchases.
·
, HUN-rER . '''m_'''~
Engineering Company Equipment Proposal
I
Page No. 1 of 1 Pages
Date: 4/18/94
To: Richard Sandell Purchase Source: Coastal Automotive
Company Name: City of De1ray Reach Address: 1855 Wilbur Ave.
Address: 414 S. Swinton Ave.
City, State, Zip: De1ray Beach. Fl. 33444 City,State,Zip: Vera Rp.ach, FT.. 17.Qf¡0
Phone: 407-7.41-7114 Phone: 7.11 -7700 Contact: A 1 Samrna rt. i no
ALL PRICES QUOTED F.O.B. POINTS OF MANUFACTURER: BRIDGETON, MO/DURANT, MS
OTY. PRODUCT NUMBER DESCRIPTION UNIT PRICE TOTAL
1 K 211M Hunter Com uter 4-\fueel Aligner with 18 470 00 ______ _
DSP 200 Wheel Sensors, 176-58-1 prin ,__________ _
30-187-1 Remote Indicator, 20-551-1 __~__.. _________________
___ Allo Wheel Adapters~-823-1nDual .._ ___.._ __.___________
vJheel Adª-R-ters, PC/AT Keyboard,. Fron __________
Turn lates _ Steerinq ~lheel Hold~~ ______ ________~____
_ Brake Pedal_ Depressor, & cn ROM P _m_____ __________
S ecial Disconted Price ( Demo JJJli..tì __16,936.00
1 20-4 7-1 ear Slip Plate Kit_____n_____~_J._50.0º__
__n____ Ins al ation. &.... Tr-ª..iJJ.in0ncluded___
EQUIPMENT TOTAL
FREIGHT: FOB: ESTIWT. LBS./TERMS:
TERMS: Purchase Order Number Estimated Delivery Date: 30 Days
Cash: D C.O.D. 0 Conditional Sales Contract: Net 30 Days: Other:
Lease: D Lease Payment $ Number of Months: Down Payment $
Lease Company:
BY: Jim Harper This proposal does not include state or local taxes.
SALES REPRESENTATIVE . . . .
All prices quoted are Hunter Engmeerlng current dealer prices.
ADDRESS 4 Las Sendas unless otherwise noted.
CITY R t R h' STATE 1:' 1 ZIP 3147. f¡ NOTE: This proposal may be withdrawn if not accepted within
oyn .on eac, ~ d
ays.
PHONE NO. (407) 734 6819 Above proposal includes Hunter Technical Representative equip-
ment installation and on-sight equipment operation training.
TECHNICAL.TRAININGREP, Jerry Hopson ~
PHONE NO. (407) 871 9249 ____ ACCEPTED BY: _
PHYSICAL LAYOUT FOR EQUIPMENT: See Other Side POSITION: lJ.e/, {)i, ;J~ ~/_____
I
WHITE - CUSTOMER YELLOW - PURCHASE SOURCE PINK - SALES REPR"'SENTATlVE
'.
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Üí^'\
SUBJECT: AGENDA ITEM # CJA - MEETING OF MAY 3. 1994
REPORT OF APPEALABLE LAND USE ITEMS
DATE: APRIL 29, 1994
This item is before the Commission for acceptance of the report
of decisions made by the various development related boards
during the period April 11, 1994 through April 29, 1994. The
following actions were considered during this reporting period.
Planning and Zoning Board Regular Meeting of April 19, 1994:
1. Denied (6-0), a Determination of Similarity of Use for an
antique auction in the MIC district (Keisarian Antiques) and
recommended instead that the item come back to the Board as
an LDR text amendment. The site is located in Delray
Commerce Center, northeast corner of South Congress Avenue
and SW 10th Street.
2. Denied (7-0), an appeal of an administrative determination
classifying Video Stop Movies as a Conforming Conditional
Use. The site is located in Pelican Harbor Shops, northeast
corner of South Federal Highway and Tropic Isle Drive.
Site Plan Review and Appearance Board Meeting of April 20, 1994:
1. Approved (7-0), with conditions, elevations for the
addition of two rooftop satellite dishes at Scooter's
Restaurant at Dumar Plaza, located on the east side of
Federal Highway, between Lindell Boulevard and LaMat Avenue.
2. Approved (6-0), an elevation change and Landscape Plan
for Delray Beach Playhouse, located north of Lake Shore
Drive, west of NW 8th Avenue.
3. Approved (7-0), an amended Landscape Plan for Ralph
Buick, located on the east side of South Federal Highway,
south of Linton Boulevard.
4. Approved (6-0), with conditions, a Major Site Plan
Modification, Landscape Plan, and Elevations associated with
a new clubhouse for the Delray Beach Municipal Golf Course
Phase II, located at the east end of Highland Avenue, east
of Homewood Boulevard.
.
.
. (l,
('tv')
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~.~ ..~~
',~ ~
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
~pR'
FROM: FyY EKINS, ASSISTANT PLANNER
SUBJECT: MEETING OF MAY 3, 1994
REPORT OF APPEALABLE LAND USE ITEMS
APRIL 11, 1994 THRU APRIL 29, 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 April 11, 1994, through April 29, 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 provides
tha t the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item
on the next meeting of the Commission as an appealed
item.
.
.
.
City Commission Documentation
Appealable Items - Meeting of May 3, 1994
Page 2
PLANNING AND ZONING BOARD REGULAR MEETING OF APRIL 18, 1994:
1. Denied (6 to 0) a Determination of Similarity of Use
for an antique auction in the MIC district (Keisarian
Antiques) and recommended instead that the item come
back to the Board as an LDR text amendment. The site
is located in Delray Commerce Center, northeast corner
of S. Congress Avenue and SW 10th Street.
2. Denied (7 to 0) an appeal of an administrative
determination classifying Video Stop Movies as a
conforming conditional use. The site is located in
Pelican Harbor Shops, northeast corner of S. Federal
Highway and Tropic Isle Drive.
The Board also considered the following items which will be
forwarded to the City Commission for final action:
* Recommended (6 to 0) approval of the Final Subdivision
Plat for Estates Mango de Paris, located on the west
side of NW 4th Avenue, between NW 12th Street and NW
13th Street.
* Recommended (7 to 0) approval of a Rezoning from PCC
(Planned Commerce Center) to CF (Community Facilities)
and a Conditional Use, for the establishment of an
F.P.L. Substation located south of Lake Ida Road and
east of Congress Avenue, adjacent to the C.S.X.
Railroad right-of-way.
* Recommended (7 to 0) approval of a Conditional Use
request for the establishment of a day care center for
Little Lee Day Care Center, located on the west side
of SW 13th Avenue, south of SW 2nd Street.
* Recommended (5 to 2, FeIner and Golder dissenting)
approval of a Future Land Use Map Amendment changing
the FLUM designation from county MR-5 (Medium Density
Residential - 5 units per acre) to the following City
designations: Open Space (4 acres), Low Density
Residential 0-5 units per acre (63 acres), Medium
Density Residential 5- 12 units per acre (16 acres),
and Transitional (10 acres), for Blood's Groves,
located on the south side of Linton Boulevard, east of
Military Trail, and containing approximately 93 acres.
* Recommended (7 to 0) transmittal of Comprehensive Plan
Amendment 94-1 to the Department of Community Affairs.
* Recommended (7 to 0) approval of an LDR Text Amendment
modifying LDR Article 1.3 Nonconforminq Uses, Lots,
and Structures, establishing a Special Use Process and
a fee structure for that process with direction that
staff revise the proposed fee structure.
.
.
City Commission Documentation
Appealable Items - Meeting of May 3, 1994
Page 3
* Recommended (7 to 0) approval of LDR Text Amendments
creating the OSR (Open Space and Recreation) zoning
district, and modifying the CF (Community Facilities)
an OS (Open Space) districts.
* Recommended (7 to 0) approval of City Initiated
Rezonings from CF (Community Facilities) to OSR (Open
Space and Recreation), for various recreational
facilities located throughout the City.
* Forwarded to Palm Beach County a recommendation of
denial of a proposed Future Land Use Map Amendment
Petition #93-99 COM1, from MR-5 (Residential) to CH
(Commercial High Intensity) , for property located on
the east side of Military Trail, north of Lake Ida
Road (Delray Storage R.V. facility) .
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 20, 1994
A. Approved (7 to 0), with conditions, elevations for the
addition of two rooftop satellite dishes at Scooter's
Restaurant at Dumar Plaza, located on the east side of
Federal Highway, between Lindell Boulevard and LaMat
Avenue.
B. Approved (6 to 0) an elevation change and Landscape
Plan for Delray Beach Playhouse, located north of Lake
Shore Drive, west of NW 8th Avenue.
C. Approved (7 to 0) an amended Landscape Plan for Ralph
Buick, located on the east side of S. Federal Highway,
south of Linton Boulevard.
D. Approved (6 to 0), with conditions, a Major Site Plan
MOdification, Landscape Plan, and Elevations
associated with of a new clubhouse for the Delray
Beach Municipal Golf Course Phase II, located at the
east end of Highland Avenue, east of Homewood
Boulevard.
HISTORIC PRESERVATION BOARD MEETING OF APRIL 20, 1994
The Historic Preservation Board meeting scheduled for April 20,
1994 was canceled.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF APRIL 26, 1994
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Ot~l
SUBJECT: AGENDA ITEM # qð - MEETING OF MAY 3, 1994
STANDARD DEPARTMENT HEAD AGREEMENT
DATE: APRIL 27, 1994
At the February 15, 1994, workshop meeting, I presented to the
Commission a draft copy of an employment agreement for Department
Heads to outline the terms and conditions of their employment with
the City. Upon review, the Commission felt that certain changes
were necessary, especially with respect to clarification of the
automobile allowance, leave time, and termination provisions.
The agreement has now been revised to address those concerns and
comments. I am returning it to the Commission for further review
and, if acceptable, approval. Once finalized, the draft will be
put in final form for use as the standard Department Head
Agreement.
ref:agmemo9
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.
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~/?r /, ("
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 2DD NW Is! AVENUE' DELRAY BEACH, FLORIDA 33444
FACS¡1\1JLE 4lJ7/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: April 18, 1994
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Department Head Agreement
Attached please find the revised Department Head Agreement for
your use. The changes that you suggested in your April 12,
1994 memo have been incorporated.
?P1cIc;
SAR:ci
Attachment
'.
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. \
-DRAFT-
Dear .
.
I am pleased to define various conditions associated
with continued employment in your position as (Title)
for the City of Delray Beach. As you know, your position as a
department head with the City of Delray Beach is an at-will
position, reporting directly to the City Manager. The salary
and benefits of this position are as follows:
1. The annual salary for this position during FY 199_ - 9_
will be $ -'- . Upon the anniversary date of your
employment with the City, you may be considered for a
merit increase or other form of salary adjustment in
accordance with then-existing City policies. The salary
for this position will be reviewed annually and will be
recorded as an amendment to this agreement.
2. Like other department heads you will be eligible to
participate in the appropriate City pension plan and the
ICMA deferred compensation plan. If you elect to not
participate in one of the City's pension plan, the City
will deposit 9 1/2% of your base salary to the ICMA
deferred compensation plan.
3. The City will provide one of the following automobile
options as indicated below:
- ( 1 ) The fire and police department heads will
receive an unmarked automobile equipped with
appropriate mobile communications, and will
be allowed unlimited local personal use of
this automobile which shall be insured and
maintained by the City; or
- (2 ) your job as a department head is deemed to
require travel or field work and therefore
you will be provided an automobile allowance
in the amount of $ monthly; or
- (3 ) your job as a department head does not
require you to travel away from the office
more than periodically. Therefore, you will
not be entitled to a car allowance, but will
be reimbursed for mileage pursuant to the
City's policy.
4. The City will provide life insurance, health insurance,
Workman's Compensation coverage and disability insurance
under the same terms and conditions as provided for other
department heads.
.
.
5. The City will defend, save harmless and indemnify you from
any claim or demand or action arising out of the
performance of your duties as (Title) in accordance
with State Statutes and the City's ordinances. The City
shall bear the cost of any bonds required of your position
under any law or ordinance.
6. You will be entitled to sick and vacation and F.S.L.A.
leave benefits under the terms and conditions provided to
other department heads and general employees of the City
not covered by a collective bargaining agreement. You
will also be allowed reasonable unpaid management leave
each year for teaching, personnel assessment or consulting
purposes, as deemed appropriate by the City Manager.
7. It is recognized that you must devote a great deal of time
outside normal office hours to business of the City. You
will, therefore, be allowed to take reasonable time off as
shall be deemed appropriate by the City Manager during
normal office hours.
8. The City will pay for professional dues and subscriptions
necessary for your continued participation in national,
regional, state and local associations necessary for your
continued professional growth and advancement as it
relates to the good of the City. You are also authorized
to hold elected or appointed offices in state or national
professional organizations, however all travel and per
diem expenses related to elected offices shall be the
responsibility of the individual. Time away from the City
pertaining to duties of elected positions shall be charged
against personal leave time unless the meeting is of
general benefit to the City. Under these circumstances
leave will not be charged against personal leave. In
addition, if you choose to join a civic club, the City
will pay your dues for one club, if you are an active
member, as well as reasonable business expenses for
attendance at breakfast, luncheon and dinner meetings.
9. The City will also pay travel and subsistence expenses in
accordance with the standard travel policies, determined
by the City Manager as required for your attendance at
Conferences. These travel policies are subject to review
if proper justification is presented to the City Manager.
10. You will be eligible for an annual physical to be provided
by the City if you so desire.
11. You will be entitled to participate in the City's Tuition
Reimbursement Program if the classes/degree will benefit
your job and if approved by the City Manager.
.
.
.
12. In the event that you are dismissed for any reason other
than official misconduct you shall be given ninety (90)
days written notice, or payment equal to ninety (90) days
pay at the then prevailing rate of pay. In addition, you
will receive payment for all unused vacation pay up to
thirty-six (36) days and payment for 50% of all sick leave
accrued which payment shall not exceed thirty-five (35)
days at the time of dismissal. Payment will be based on
the prevailing rate of pay.
13. You may resign your position with the City at any time
thereby terminating this agreement, provided you furnish
the City thirty (30) days written notice prior to the
effective date of said resignation. Upon receipt of said
notice the City Manager, may, at his/her option, request
that you terminate at an earlier mutually agreeable date.
I am looking forward to having you continue with our management
team.
Sincerely,
David T. Harden
City Manager
r:\txt1\dephed.rbs
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # c¡ ð - MEETING OF MAY 3, 1994
REQUEST FOR FUNDING/" DIRECTIONS '94"
DATE: APRIL 27, 1994
This item is before the Commission to consider a request from the
Palm Beach County Municipal League to contribute $200.00 in support
of the "Directions '94" strategic planning forum to be held June
2-4, 1994. Participants will include representatives from private
and business sectors, the Palm Beach County Commission, municipal
governments and other special interest groups. The purpose of the
forum is to examine critical issues facing Palm Beach County and to
develop plans to help address them. Topics chosen to date include
the Economy and Jobs, Education, and Crime and Criminal Justice.
All participants are being requested to help fund this effort, with
municipalities being asked to consider a financial contribution of
$200.00. Funding is available from Other Grants & Aid (Account No.
001-6311-572-83.01) , subject to approval of the accompanying budget
transfer of funds from Contingency.
Recommend consideration of the request from the Palm Beach County
Municipal League for a financial contribution in the amount of
$200.00 in support of "Directions '94".
~ 6-0
ref:agrnemo8
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. TIJ " élTY; COLé¡jl2/CS!J (-C¡A!t&!~'-
04-14-94 14: t6 P. B. CO. MUNICIPAL LEAGU~ ø~ S;./C..- 216 P0V0S
:. /.1 L . ~ AlLÞk Post·lt'" bran fax transmittal memo 7871
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A l5Ð (!ßfrVl ~ ð.f~ ~t.
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Palm Beach County MUNICIPAL LEAGUE
P.O_ BOx 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484
n.Ii.~'vt:~ Í!i't:Ð
At-'t( , 4 1994
MBMORAJlDUM
C1ìY f'OM"S'-
. v ¡ ,.,.,ISS/Üf\l
TO: All Mayors, Man&gers and Associate Me~er8
FR: Bob McDonald, P:t::esident 0 r
Palm Beach County Municipal ~"
DT: April 13, 1994
RB: H DIRECTIONS ' 94 II FUNDING
..**************************************************
As I discussed at the March 23, 1994 General Membership meeting,
"Directions '94" is being organized and will be held on June 2-4,
1994 at the Indian River Plantation on Hutchinson Island. There
will be many participants in "Directions ' 94" including
representatives from private and business sectors, Palm Beach
County Comm.iseion, our municipal governments and other special
interest groups. All participants are being requested to help fund
this undertaking.
If we want to be an active participant and contributor to the
"Directions '94" process, we need to ma.ke a financial commitment
as well. Therefore, I am requesting that all municipalities and
associate members of our League consider making a financial
contribution to this effort. I am requesting that cities consider
contributing $200 and that associate membere consider contributing
- -~ $400. If these amounts place an undue burden on your co~unlty or
firm, a contribution of a lesser amount would still be appreciated.
It is expected that a minimum of $50,000 will be needed to fund
this program. Our League is trying to raise approximately 10% of
that amount, about $5,000. It is essential that ~e act
expeditiously to garner essential funds for thie effort. Please
take appropriate actions during April 1994 and mail your
contributions to the Municipal League office made payable to the
Palm Beach County Municipal League. The League in turn will then
make the collected contributions available to the "Directions ' 94 Ii
Program. Again, I request your participation so that we can be an
effective player in the process.
.
.
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04-14"':94 14:1'l P.B.CO. MUNICIPAL LEAGUE 215 P02/05
-,'-" -
Mayors, Managers, Associate Members
"Directions '94"
April 13, 1994
I have attached background information regarding "Directions '94"'.
If you have further questions about this program, please contact
Tom MoCarthy, First Vice President of the League at 683-3113 ext.
216 or Jack Horniman, Executive Direotor at the League Office.
Thank you.
'.
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1214-14-94 14:19 P.B.CO. MUNICIPAL LEAGUE 216 PI2JS/I2JS
P.04
APR-14-1994 13: 12 MOCK/RODS
..
INITIAL CORE TOPICS II!ENTllflED
'The steering committee for Directions '94 has adopted a procedure for identifying prilnary topics
for discussions at the conference in June.
Known in planning circles as the "evolving core, It the process allows for key issues to surface
through consensus building. As deliberations continue at steering committee meetings, other
issues will be discussed relative to those already identified. The newer topics may become
tstand alonet subjects or may œ better included with other existing core topics depending on
their connection with or their affect on them.
Topics chosen to date include: Economy and Jobs
Education
Crime and Criminal Justice
"In pre-conference workshops we plan to invite community groups already working on these
issues to the discussions, II according to Bill Jenn~r. "This is a different approach than used in
the development of previous conferences. It is our hope to build on any positive work
underway. ,/ Discussions are already taking place assessing the current efforts, looking for saps
that need to be filled and establishing a better countywide leadership to deal with basic problems.
.
- 04-14-94 14:18 P.8.CO. MUNICIPAL LEAGUE 216 P04/0S
.- .. . ~!f ..
-
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APR-14-1994 13:11 MOCK/ROOS
A OUICK LOOK AT DmECTIONS '94
IDIA T IS IT?
A strategic plaftning forum to examine critical iS$u~ facing Palm Beach County and develop
~on plans to belp address them.
WHO WIt.I. PARTICn-ATE?
A conference '''network'' of people from the public and private sectors ìs being identified.
Participants must meet the criteria developed by the steering committee to be cleigible for
DOmination. These persons are community leaders who. 1) can influence opinion and arc
con.idered leaders in their fields;2) they are r~source persons well-infQnned on community
i$$ues and bring skills J knowledge and influence to me discussion;3) they are persons who can
take action to implement conference decisions; and 4) collectively they must be representative
of the diversity of the county. From this large network approximately 150 people will be
selected as conference partic::ipants.
WHAT WJ¡,1, OCCUR?
Severa1 pre-conference workshops and education evcnts wiB bring "The Network" up to speed
on understanding the pros and cons of the core topics. The event itself will set an action agenda
designed to help solve tbe issues identified.
WHAT hJAKES THIS CONFFJŒNCE SPECIAL,,?
It is a true effort between the public and private sectors. Public officials have plcdßed to take
the outcome of the conference serio\.isly and more importantly have a.~ to turn conference
results into public polic)'.
}VIIO PAYS FOR. THE CONFERENCE?
A!, we go to press, buda~ts are being developed to accommodate participantS at no coSt. Money
will be raised from the private sector as wen as the public sector. We are planning fOT 150
participants. However, that number is subject to adjustment accordinl the the funds we able to
generate.
'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER to I
SUBJECT: AGENDA ITEM # 9D - MEETING OF MAY 3. 1994
GOLF COURSE CLUBHOUSE COST ESTIMATES
DATE: APRIL 29, 1994
Attached for your review are the following:
1. Letter dated April 28, 1994, from Digby Bridges, concerning
a revised cost estimate for the revised clubhouse plan.
2 . Construction budget estimate.
3. Revised site plan, floor plan and elevations.
Also provided are copies of minutes from prior meetings
concerning specific comments raised regarding the budget for this
project.
City Manager recommends approval of the revised Golf Course
Clubhouse plan with authorization to the architect to complete
construction documents and to go to bid.
.
·
, DIGBY BRIDGES,
MARSH & ASSOCIATES, P.A.
" -"- ---------_.~----
28 April 1994 CHARTERfr1 AR( HIII( ]', . PlANNERS. INTFRIOR DESIGNERS
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Delray Beach Golf Clubhouse
Dear Mr. Harden,
We have pleasure in enclosing a revised cost estimate for the revised clubhouse plan.
The first plan was to accommodate 300 persons seated at a banquet, with a multipurpose room
for Bridge, smaller meetings to seat between 40 to 50 persons. The pro shop sales area was to
be approximately 200 sq feet larger than now exists. These were the major perameters for the
first scheme. After preparing the plans and arriving at the accurate cost it is clear that the budget
figure of $2,200,000 cannot accommodate this program, hence we have prepared a revised plan.
We would like to state that this revised plan we feel is better functioning, and that it allows for
easy expansion of the dining facilities.
The new clubhouse has a seating capacity of 250 for the Banquet, in the two main dining areas,
45 to 50 in the Multipurpose room, and a further 40 in the Bar. The areas where the reduction
was made are in the two main dining areas, and the bar.
First-Scheme Second-Scheme
A vera~e Seatin~ Deluxe(15 sqft A vera.:e Seatin~ Maximm ~
(12 sq.ft./person) per person) (12 sq.ft/person) (1O.5sqft/person)
Capacity Capacity Capacity Capaci~y
Main Dining Areas 300 210 250 300
Multipurpose Room 45 40 45 50
Bar 60 40 40 50
- - - -
405 290 335 400
124 N.E. Fifth Avenue, Delray Reach, Florida 33483
407/278-1388 Palm Beach: 736-S866 Fax: 407/27R-7R41
I)(]\ HROOmr'~ oI, ~M ."'tm\WK\~U nRM... H,n~\\\KOh
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The following reductions were made in square footage:
First Plan Present Plan Reduction
Main Clubhouse enclosed area 13,063 11 ,603 1,460
Pro Shop 1,749 1,599 150
Porches and Breezeway -1..18~ -L)54 --2J~
TOTALS: 16-.601 14,756 1,845
As you can see this is a considerable savings in these areas.
The following areas are the actual sales area with counter in the pro shop:
Existing Sales Area First Plan Sales Area Present Plan Sales
470 803 688
The first plan was an increase of 333 sq. ft. over the existing. The present plan is 218 sq. ft.
over the existing, and a reduction of 115 sq. ft. over the first plan.
Also enclosed is a list of the various savings we made at the meeting in your office. We were
unable to incorporate all the savings discussed at that meeting, due to the fact that they had
already taken out the $90.00 a square foot costing, shown in the Bill of Quantities. They are the
following; the allowance for ice, the $5,000.00 out of computer installations, and golf bag
storage unit cost.
However, you can see we are now below' the budget and·· have a $30~OOO.OO contingency in
place, which is important that we keep..
If you require any further information, please do not hesitate to contact.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
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DCB/tIf
'.
DELRAY BEACH GOLF CLUB I-IOUSE
CONSTRUCTION BUDGET ESTIMATE
DEMOLITIONS
Demolition and Asbestos Abatement $35,000
BUILDINGS
Clubhouse 11,644 sf $90.00 $1,047,960
Proshop and Store 1,599 sf $90.00 $143,910
Porte Cochere 1,613 sf $25.00 $40,325
Covered Porches 1,194 sf $25.00 $29,850
Breezeway 328 sf $15.00 $4,920 $1,266,965
16,378 sf
SITEWORKS
As per Bill of Quantities with reductions $276,609
FURNITURE, FIITINGS and EQUIPMENT
Furniture, Carpeting, Wall Covering (CCD items) $200,000
Kitchen and Bar Equipment $150,000
China, Glassware, Cutlery $20,000 $370,000
Add: $1,948,574
Contingency Allowance $30,000
$1,978,574
PROFESSIONAL FEES
Professional Fees $163,000
Professional Fees for Changes $34,000
Reimbursab les $15,000
Architectural Rendering $1,500 $213,500
CONSTRUCTION BUDGET ESTIMATE $2,192,074
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Synopsis of the Workshop Meetin9 held on November 2. 1993
Item No. 5. Golf Course Clubhouse.
Assistant City Manager Barcinski stated that back in
July of 1993, Commission directed staff to develop an RFQ to send
out to the private market to seek assistance from restaurant
management firms giving information that would assist in helping
the City in making some sort of determination on the type and
size of the facility to be built. That was done, the RFQ' s were
opened on October 8, which included three ( 3 ) negative responses
stating they would be interested in doing an RFQ for lease. In
other words, after the City builds the facility, they will
respond.
Shortly after that Mr. Barcinski stated he was
approached by Regional Research Associates, Inc. , indicating they
would be willing to do a minimal research project for the City at
practically no cost. (Basically printing & telephone costs) They
have completed their report, a copy of which has been distributed
to each Commissioner along with a summary of recommendations he
made.
A representative of Regional Research Associates, Inc. ,
gave a detailed presentation of their survey made of banquet
facilities (including both a banquet and banquet/restaurant
facility) and of the supply of banquet facilities in the area.
The conclusion was that there is an excess capacity in the market
for banquet facilities. The study suggested that, should the
City decide to go into the banquet business, a facility that
seats between 250 and 400 persons is needed. (This study
included an area between Yamato Road and Boynton Beach
Boulevard.)
Mr. Barcinski described the methods by which an
architect is selected and the followup conducted, including a
design-build method (which would require an amendment to the
ordinance) .
Mr. Barcinski's recommendations were as follows:
Construction of a one-story facility, including a pro shop, men's
an ladies' locker rooms, a lounge/bar area with a dining area to
accommodate 250 to 300 persons, a kitchen with adequate
equipment, adequate storage areas for supplies and adequate
office space. He proposed using the existing cart shed and the
existing pro shop building and bag storage, if it proves to be
economically feasible. The estimated square footage needs are in
the neighborhood of 15,000 to 17,000 square feet with a final
estimate to be made after a needs analysis was made with an
architect to determine the functional needs.
Mr. Barcinski recommended that the facility be sited in
such a manner to allow the existing facility to continue to
operate. He also recommended that the restaurant be managed by
.
the current management firm. It is his feeling, after much
discussion, that this type facility can be built for $110 to $120
per square foot, which would include architect fees and
furnishings. It would not include closing costs and a bond issue
or any parking lot or water and sewer adjustments. He feels the
facility can be built in the $2,000,000 range, plus or minus
$200,000. He recommended that the facility have a minimum of a
250 seating capacity.
In speaking with the Finance Department, we are looking
for a dead issue on the Tennis Center. He feels it would be wise
to combine this debt with that of the Tennis Center on one issue.
In looking at a $2,000,000 investment for a twenty year term at
6%, which is a little higher than we are now getting (we are
looking at a debt service of about $172,000 per year over a
twenty year period). Our current debt service to Goldstein this
fiscal year is $190,000 and in the next fiscal year, because of a
ten month payout, it is $158,000.
Mr. Barcinski stated, on the architect selection, he is
recommending the standard RFQ method be used to speed the
process. He also recommended that the furnishings be purchased
direct in order to save money.
He then requested direction from the Commission with
regard to moving forward in the preliminary design and costing-
out within the parameters that were presented, trying to get it
within a $2,000,000 amount, plus or minus a $200,000 budgeti not
to go under a certain seating level and with basic square footage
costi a one story facility with a cart shed us ing it as is and
trying to use the existing pro shop, locker and storage room.
Dr. Alperin stated this analysis, if correct, seems to
state that this is not a profit making concepti so, therefore,
either the taxpayers or the golfers are going to pay for this
facility.
Mr. Barcinski commented he feels the City is . not
currently making money due to the size and layout of the present
facility. With a debt service load of about $2,000,000, he feels
the square footage can be realized with a seating capacity of 300
persons and, as a result, the restaurant will break even.
Dr. Alperin stated, if a clubhouse is built to the size
requested by the golfers, the report says that that is the least
potential success size. Mr. Barcinski responded it is his
understanding from the report, that the least potential is
economically over 400. He commented that the golfers wanted
about 200 and he feels that is too small.
Dr. Alperin expressed the feeling that, according to
the report, it will be a loser. He questioned if the facility is
going to pay for itself, or is the City doing just what the
golfers want.
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.
The City Manager stated he does not feel it will
necessarily be a loser, but it will be in a very competitive
market. In a competitive market, if a good job of marketing and
servicing your market is done, you can break even or make money.
Mayor Lynch suggested at this stage the Commission
should discuss whether or not they want to build a clubhouse,
then the scenario of the issues brought forth by Mr. Barcinski
and finally get into the architectural selection, etc.
Mr. Ellingsworth agreed with Mr. Barcinski on every
item except one, which was that the existing cart and pro shop be
built on a separate site in order that the facility could
continue its full scale operation while building the new
clubhouse; 250 plus seats should be divided into at least three
separate sections; bonds should be used to finance this clubhouse
so, by the time this is complete there will be $150,000 owing to
Goldstein and the bonds should include that payment. He also
stated that the clubhouse should be built in a manner to allow
expansion in the future if it appears needed at a later date. He
also stated that he feels 6,000 square feet is a usable figure
for a restaurant that would accommodate 240 persons at 25 feet
per person, 20 feet would accommodate 300 people and 15 feet,
banquet style, would accommodate 400 people. He further stated
the other portion of the facility would be another 6,000 to
include ladies' and men's lockers - 600 square feet each, a pro
shop and office - 1200 square feet, kitchen - 1200 square feet,
storage - 400 square feet, area for utilities - 400 square feet,
hallways - 400 square feet, entryway - 200 square feet, dining
facility - 600 square feet, bar facility - 500 square feet and
additional restrooms - 500 square feet. He feels this could be
done for $120 per square foot or better, including architect fees
and furnishings making a total of $1,440,000. Twenty-five
thousand would be added to that for removal of existing
facilities; payoff $150,000 to Goldstein; we would need to pay
$20,000 to redo the cart house and pro shop; and some kind of
contingency, say $80,000 giving a total of $1,700,000.
The City Manager advised that water and sewer costs may
need to be added separately. It may be possible to arrange that
so that it would make sense to have Public Utilities pay for
that.
Mr. Randolph commented that from the onset he has
maintained that a seating capacity of approximately 400 persons
is needed but, since hearing that 400 may be outside the City's
range, he supports a 300 seat facility. If the numbers can be
kept so this will not be a taxpayer burden facility, then he is
all for it.
Dr. Alperin stated he does not have a particular size,
the seating capacity or costs in mind. He merely wants it to pay
for itself so it does not become a burden on the taxpayer and an
over-burden on the golfer. The important question, in his
-3-
.
opinion, is what size is going to pay for itself. He questioned
the concept of allowance for expansion¡ he has seen some
buildings that should never have been added onto. He asked if it
is more cost effective to build a shell that can be completed at
a later date. He asked if the figure $2,200,000 includes all
the kitchen equipment, the dishes for 250-300 seats, or for the
potential 400 persons. (Mr. Barcinski responded that all the
equipment is included for a 300 person capacity). He questioned
if the kitchen is designed to be expanded to accommodate 400
persons. He would like a cost analysis.
Mrs. Smith commented that she feels those numbers
questioned by Dr. Alperin must be provided. The entire cost is
not just for the banquet facility, but will include the clubhouse
and all the pro shop, etc. She pointed out that Temple Sinai has
a 300 seat facility for banquet purposes that is nice, so the
competition is there. She feels it should be something very
special to attract people to visit the facility. Basically, she
feels a 250 to 300 seat facility is adequate and what she would
support.
Mayor Lynch questioned if the Commission would like to
go for an economic analysis at this time. He feels that the
consensus seems to be a for a facility with a seating capacity of
between 250 and 300 somewhere in the $2,000,000 range, one story,
using the existing cart building and golf bag room.
Mr. Barcinski noted that he is looking for some idea
from a design perspective¡ can that many seats be placed into the
framework chosen and wi thin a range of furnishings wanted? He
also questioned if his numbers were good¡ can this be built from
a preliminary design with an architect - this is the seating and
these are what the costs will be. At that point we can take that
information and do an economic analysis.
The City Manager stated he feels the seating capacity
has been focused on more than the total square footage, which is
really what should be considered.
Braham Dubin, Director, stated that his recommendation
would be to hire an architect who would get the process going.
The Commission could then determine the seating capacity of 250
to 300 persons, but 250 seats can be fit into 15 square feet per
person, 20 or 30, depending on the ambiance. The architect can
lead you through the entire process. He feels it is being
attacked from the wrong end.
Mayor Lynch questioned what process the Commission
would like to use for the selection of an architect.
Mr. Randolph asked if there was a consensus if the
facility was truly wanted. The Commission concurred.
There was a consensus of the Commission to use the
standard approach.
-4-
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Mayor Lynch stated that some of the criteria is that
the facility be a one story building and that the architect be
allowed to decide whether or not the present location of the
building is the best site.
-5-
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1
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ZONING AND
PLACING LAND WHICH IS PRESENTLY ZONED GC
(GENERAL COMMERCIAL) DISTRICT, IN SAD (SPE-
CIAL ACTIVITIES) DISTRICT, BEING A 1. 75 ACRE
PARCEL OF LAND LOCATED SOUTH OF S.E. 4TH
STREET BETWEEN THE FEC RAILROAD AND S.E. 1ST
AVENUE AND AMENDING "ZONING MAP OF DEL RAY
BEACH, FLORIDA, 1993"; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mrs. Smith moved for the adoption of Ordinance No. 2-94
on First Reading, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yesj Mr.
Randolph - Yes j Mayor Lynch - Yesj Mrs. Smith - Yesj Dr. Alperin !
~ Yes. Said motion passed with a 5to 0 vote. nsider
~d of 0 amount of
$237,750 for architectural services associated with the Golf
Course Clubhouse project, with funding from 445-4763-572-31.30
Municipal Golf Course Clubhouse Architectural Services.
Assistant City Manager Barcinski stated staff has been
busy negotiating this contract. The original submittal came in
at $329,500 and the lower figure of $237,750 before you remains
somewhat higher than the amount for which staff felt it could be
obtained. Mr. Barcinski noted that part of the reason it remains
so high is due to the cost of out-of-town travel expense. This
travel estimate is based on the current airline but, should that
airline go out of business, he will no longer be able to control
that cost. This contract does not include the resident project
inspection fee but this can be done at a later date.
Mr. Barcinski continued his explanation of the cost per
square foot to construct the project, cost of the site plan work
and a reduction in the reimbursables.
Mr. Ellingsworth questioned the fact that there seemed
to be no information on the renovation of the cart storage. Mr.
Barcinski re8ponded that will come at the end of the development
stage and lupp08edly is included in the square foot cost.
Mr. Ellingsworth expressed concern in having a con-
struction company who is located at such a distance from Delray
and the extra costs involved because of that.
Mrs. Smith also expressed concern and indicated a local
company might allow the City better control of the project.
-16- 1/11/94
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.
-.. .....~~;;¡;:.:yi¥(~.-.';.:,.,,--.:.";'.,':,.:-,;"''1i<~:~ . -
_.- .;.;;JIÞO.;
.
Mr. Ellingsworth questioned the fact that there seemed
to be no information on the renovation of the cart storage. Mr.
Barcinski responded that will come at the end of the development
stage and supposedly is included in the square foot cost.
Mr. Ellingsworth expressed concern in having a con-
struction company who is located at such a distance from Delray
and the extra costs involved because of that.
Mrs. Smith also expressed concern and indicated a local
company might allow the City better control of the projéct.
Dr. Alperin stated he is concerned about bottom line
numbers and questioned if this proposal for construction at $2.15
million includes his contract. Mr. Barcinski responded that it
does not include the contract. Dr. Alperin commented that it was
his understanding that the City made it very clear that the total
amount was not to exceed $2.2 million and the contractor respond-
ed that that would be no problem, so he is extremely disappointed
with the outcome.
The City Manager also expressed disappointment that the
City was being charged for travel, unlike other firms the City
has contracted with that do not follow this procedure.
Mayor Lynch stated that he feels the resident project
inspector should come from in-house and questioned if it would be
possible to accomplish this. The City Manager advised it is
quite possible that Jose Aguila, Assistant Construction Manager,
could take over this responsibility.
Upon question by Mr. Randolph as to the status of ·the
present clubhouse, Mr. Barcinski stated there has been no dec i-
sion made about this to date. Dr. Alperin recalled asking each
applicant if this includes demolition and they all responded in
the affirmative.
Mayor Lynch suggested that a motion be made to either
turn down or accept the contract and, should it be turned down,
he would recommend that staff be directed to commence immediately
with the second bidder. If this warrants a Special Meeting, then
he feels it should be held promptly to avoid a time delay. If
the second bidder is not acceptable, then go to the third.
Mrs. Smith moved to direct staff to break off negotia-
tions and begin with the second-ranked firm, Digby Marsh and
Associates, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
~ SERVICE AUTHORIZATION NO. 17/HAZEN AND SAWYER:
Consider a service authorization in the amount of $18,910 to the
contract with Hazen and Sawyer for consulting engineering servic-
-17- 1/11/94
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~ JAN-06-'94 12:44 lD:CHAP COYLE CHAP AlA TEL NO:404-509-9864 1:*738 P02
AS "AN 0 6 1Qg4
CHAPMAN CoYLE OwMAN
ARCHITECTS
January 6, 1994
Mr. Robert A. Barclnski
Assistant City Manager
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Municipal Golf Course Clubhouse
City of Delray Beach, Florida
CCCA Project No. 93000.31
Dear Bob:
Please find enclosed a revised Schedule of Fees, Out of Town Site Visits/Meetings and Prolect
Reimbursables for the City's new clubhouse facility. This revised Information Is in response to
my conversation with you. Bill Greenwood and Brahm Dubin as well as subsequent individual
discussion with our team members. These fees are based on a proposed budgeted scope of
work as follows:
Clubhouse 15,000 sf @ $100/sf = $1,500,000
KItchen Equipment = $150,000
Interior FlxturØ$
Furnishings & Accessories (FF&A) = $250.000
Site Work = $250.000
Total = $2,150.000
A change In scope or increases In the budget would be subject to possible fee adjustments.
Please note also that any contingency will either have to come out of or be added to this budget
number. Five percent (5%) would be customary. The fees also assume the City will authorize
the additional expense of a Resident Project Representative for the duration Of the construction
phase of the project.
I hope this Information will meet with the City's approval. We are lookIng forward to the January
21 st design charrette.
Sincerely,
H~~~
PrIncipal
HBC:bs
Enclosures: Revised Schedules & Project Reimburs8bles
cc: File
.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~/Î
SUBJECT: AGENDA ITEM # c¡ £ - MEETING OF MAY 3, 1994
REQUEST FOR DIRECTION/FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION DELEGATION OF LANDSCAPE PERMITTING AUTHORITY
TO PALM BEACH COUNTY
DATE: APRIL 29, 1994
Palm Beach County Department of Environmental Resources (DERM) has
asked the Florida Department of Environmental Protection (FDEP) for
delegation of the State's authority to regulate seagrape trimming
and landscape activities seaward of the Coastal Construction
Control Line. FDEP has indicated a willingness to do so provided
the County Commission formally requests delegation. Delegation
within municipalities would be conditioned upon a municipality
formally "opting in" to the delegation.
For the reasons outlined in the attached report, staff is
recommending that the City not "opt in" to any delegation of FDEP
permitting authority to the County. As to the broader question of
whether the County should formally request delegation of permitting
authority, staff has concerns with respect to customer service,
staff cost, and quality of regulation.
The Palm Beach Countywide Beaches and Shores Council will be
considering a recommendation to the County Commission on this
matter. John Walker, as the City's representative on the Council,
has requested authority to express the City's position, as follows:
(1) The City will not "opt in" to any delegation of FDEP
permitting authority to DERM¡ and
(2 ) The City does not support a request by the County
for delegation of FDEP permitting authority.
If the Commission concurs with staff's position, I recommend that
Commission ratify same and authorize staff to express it as the
City's official position. If not, alternative direction is
requested.
ref:agmemo1
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/- ,/; <-:?-~ ',,&
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PLANNING AND ZONING BOARD MEMORANDUM
TO: David Harden, City Manager ~
FROM: John Walker, Project coordinato~
DATE:
April 12, 1994
SUBJECT: FDEP DELEGATION OF LANDSCAPE PERMITTING AUTHORITY TO
PALM BEACH COUNTY
Palm Beach County Department of Environmental Resources
Management (DERM) has asked Florida Department of Environmental
Protection (FDEP) for delegation of the State's authority to
regulate seagrape trimming and landscaping activities seaward of
the Coastal Construction Control Line (CCCL) . This request is
an outgrowth of a court decision in the Town of Palm Beach
(attached) whereby DERM is prohibited from enacting or
enforcing regulations seaward of the CCCL without delegation of
the FDEP's permitting authority.
FDEP, in their letter of March 22, 1994, expressed willingness
to delegate authority over regulation of landscaping activities
and maintenance of landscaping if the County Commission formally
requested delegation. The letter stated, however, that
delegation within municipalities would be conditioned upon the
municipality formally "opting in" to the delegation.
The City has its own Coastal Protection Ordinance, which
includes regulation of landscaping activities seaward of the
CCCL. In adopting our ordinance, the City "opted out" of the
County ordinance. If the County received delegation on a
county-wide basis (including municipalities), applicants in the
Ci ty would again be required to go through the County permit
process. The County process is significantly longer than either
the City or FDEP process, and appears to often include unduly
harsh permit conditions. Therefor, I recommend that the City
not "opt in" to any delegation of FDEP permitting authority to
the County.
Regarding the broader question of whether the County should
request delegation of permitting authority from FDEP, my concerns
are as follows:
* Customer Service. As stated earlier, the County permit
process appears to be longer, more complicated, and likely
to result in harsher permit conditions than the FDEP
process. Since most landscape projects in the area of
jurisdiction are voluntary and designed to enhance the
beach/dune ecosystem, a more difficult and expensive permit
process could scare away potential applicants, leaving the
ecosystem poorer as a result.
.
·fI
To: David T. Harden
Re: FEP Delegation of Landscape Permitting Authority to Palm
Beach County
Page 2
* Staff cost. Delegation by FDEP will not result in less
staff cost in that agency, while acceptance of delegation'
could result in an expansion of County staff costs. This
potential increase in cost comes with no discernible gain
in the quality of regulation.
* Quality of regulation. To my knowledge, there are no
problems with the quality of regulation by FDEP. It seems
pointless to add the County back into the permitting maze,
in a sense adding another layer of regulation, when the
existing level of regulation and environmental protection
is satisfactory.
In a related issue, the Palm Beach Countywide Beaches and Shores
Council is considering recommending to the County Commission
whether or not the Commission should request delegation of FDEP
landscape permitting authority to DERM. The item was discussed
at the April 11, 1994 meeting of the Beaches and Shores Council.
Back up documentation from the meeting is included. The item
was tabled at that meeting so that members could get the
official positions of their respective governments. The item
will be brought back to the Beaches and Shores Council for
action at the next meeting - May 9th. I would like your
authority to express, as the City's position, the following:
l. The City will not "opt in" to any delegation of FDEP
permitting authority to DERM¡ and,
2. The City does not support a request by the County for
delegation of FDEP permitting authority.
Please let me know if this position meets with your approval.
JW\leh
T:\advanced\DELEGATl
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, . .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t}Í1-(
SUBJECT: AGENDA ITEM # c¡ H - MEETING OF MAY 3, 1994
FINAL PLAT/HANCOCK SUBDIVISION
DATE: APRIL 29, 1994
This is before the Commission to consider a request for approval of
the final plat for the Hancock Subdivision, a proposed two lot
subdivision located at 622 North Ocean Boulevard.
At the special meeting of AprilS, 1994, the Commission conducted a
quasi-judicial hearing on this matter which was then continued to
the April 19th regular meeting. At the conclusion of the hearing
on April 19th, the Commission directed opposing counsel to each
prepare an Administrative Order and submit them to the City
Attorney for distribution. These Orders have been received and are
provided for your review and consideration. The City Attorney
requests that you contact her to discuss any questions you may
have.
In summary, the subject property currently exists as one parcel,
running from Andrews Avenue on its west boundary eastward to the
Erosion Control Line. It is intersected by State Road AlA and the
applicant is proposing to separate the east parcel into a separate
buildable lot. This proposed subdivision requires Commission
approval in that the beachside lot does not meet the minimum zoning
designation requirements for the R-1AAA district. Therefore, the
Commission must declare that it is necessary and appropriate to
create such a nonconforming lot if the subdivision is to be
approved.
There are also certain considerations from an ecological and
environmental standpoint. In addition, the applicant has submitted
a request to designate the existing single family structure on the
western parcel as an historic landmark. If the eastern lot is not
created, the applicant has indicated that the request for historic
designation will be withdrawn.
Recommend consideration of the request for final plat approval for
the Hancock Subdivision.
ref:agmemo20 1~ f!1o!/ ~(J-ú~
0Jy ~ tJ dALuu "I-I (i'l!fu¡o: ~~
¥~o~þ;~ ~)
{ß¿ 6/10/9(/ S.P~
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. , . . -
MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS A T LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
Broward County: (305) 462·4935
Telecopier: (407) 272·6831
OF COUNSEL:
PETER J. MURRAY
HAND DELIVERY
April 29, 1994
Susan Ruby, Esq.
City Attorney
City of Delray Beach
200 N.W. First Avenue
Delray Beach, FL 33444
Re: Hancock Subdivision
Our File No.: CUSP(186)002
Dear Susan:
Enclosed is a copy of the proposed Motion and Order on the above
captioned matter.
Very truly yours,
MSW/da
Enclosures
rn.~ ~~7~~ ~
q:4ð~
IfJ
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MOTION
Upon Motion duly made by, City
Commissioner and seconded by, City
Commissioner, this City Commission does hereby duly make and adopt
the following Motion:
I. Findinas of Fact
1. The Petitioners, WADDELL HANCOCK and CLAY HANCOCK,
have owned the subject property since 1978.
2. The Petitioners made no request for a replat of the
subject property until 1993.
3. The replat request allows for a lot which, among other
things, does not meet development standards under the Land
Development Regulations of the City of Delray Beach, Florida.
4. The replat would require that a lot East of AlA be
granted a nonconformity so that a residential structure could be
built upon such lot.
5. Such nonconformities may be granted by the City
Commission but only when the Petitioners demonstrate that the
nonconformity is necessary and appropriate.
6. This request is not for a rezoning but for the
creating of a nonconformity.
7. Petitioners have failed to demonstrate that the
nonconformity is either necessary or appropriate in as much as,
among other things:
(a) No public purpose is served and the only benefit was
Petitioners' possible economic gain; and
(b) Petitioners' application was (i) more than four (4)
years after the last similar petition on another property and (ii)
more than fourteen (14) years after their purchase of the subject
property; during this time the importance of the natural condition
of the beaches became recognized and became a matter for protection
under the laws and ordinances of the State of Florida and the City
of Delray Beach, Florida, including but not limited to, the newly
adopted Land Development Regulations of, and Comprehensive Plan
for, Delray Beach, Florida; and
(c) City Ordinance No. 34-90 establishes a coastal
protection zone to a line twenty-five feet (25) landward of the
crest of the dune (which all parties agree was at least within
thirty (30') feet of the boundary of the AlA right-of-way), the
purpose of this zone being to prevent the building of residential
- , . ' .
structures on such dune; and the intent of this ordinance would be
frustrated by the granting of a nonconformity; and
(d) Florida State Statues Section 161.56 (6) guarantees
public access to the Ocean and would likewise be frustrated by the
granting of a nonconformity; and
(e) These certain laws and ordinance were not served by
the granting of a nonconformity.
II. Motion
NOW, THEREFORE the City Commission does hereby deny
Petitioners request that a nonconformity be created.
ALL IN FAVOR
Yes No
Lynch
Smith
Alperin
Ellingsworth
Randolph
.
. -
LAW OFFICE OF
ROGJER Go SABJERSON~ PoAo
70 S.E. 4th Avenue Telephone: (407) 272-8616
Defray Beach, FL 33483
April 29. 1994
Ms. Susan Ruby
City Attorney
City of Del ray Beach
200 N.W. 1st Avenue
Delray Beach. Fl33444
Re: Hancock Subdivision
Dear Susan:
Please find enclosed the proposed form of Final Order in regard to the Hancock
Subdivision Application. As we discussed. if you would like the Order put on a computer disk for
your convenience please let me know and we will deliver it to you.
Weare also delivering copies of all the Petitioner's Exhibits except those that you may
already have. such as the LDR's or items which were not easily reproducible. such as. aerial
photographs. If in your review you would like to see the original of any of these exhibits
including the aerial photographs please let me know and we will also have these delivered to your
office.
Thank you for your cooperation in regard to this matter.
S1;=;'
Roger G. Saberson
RGS/dl
cc: Mr. Jim Friess
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CITY COMMISSION
CITY OF DELRA Y BEACH. FLORIDA
INRE: HANCOCK SUBDIVISION )
APPLICATION )
)
)
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FINAL ORDER
FINDINGS OF FACTS
The property owners, Waddell Hancock and Clay Hancock (formerly Clay Hancock
Schumacher)(the "Petitioners") through their duly appointed agents filed an application for
approval of a minor subdivision (proposing 2 lots) in the City of Del ray Beach for property
located on the west and east sides of A-I-A on September 2, 1993. The application consists of
the Final Plat Application, Traffic Concurrency Application, Title Certification, Plat Drawing,
Hancock Survey, and Hancock Topographic Survey (P 6, 7, 8, and 9) collectively the
"Application" (P 22). The Application is approved for the reasons hereinafter set forth.
On AprilS, 1994 and April 19, 1994 the City Commission held a quasi judicial hearing on
the Application. Pursuant to stipulation of the parties (P 62)1 Petitioner's exhibits 1 - 62 inclusive
and Cusson (referenced in stipulation as aggrieved party) exhibits 1- 8 inclusive were received
into evidence without objection.
The Petitioners were represented by Roger G. Saberson, Esq. The owners of two nearby
lots objected to that portion of the Application that would permit a single family lot on the east
side of A-I-A. The lot owners were Paul Cusson and Delores Cusson represented by Michael
Weiner, Esq. and the other lot owners were the Eichelbergers represented by Steven Daniels, Esq.
The location of the objectors' property is shown on aerial photographs (P 10a, 10d). The
Eichelberger property is the home with the blue roof located directly north of the vacant Hancock
Property shown on said aerial photographs and stipulated to in P 62, Par. 4.
Petitioner called the following expert witnesses (excluding city employees) some of whom
also testified as fact witnesses, (i) Mr. Ken Weigand, surveyor, (ii) Mr. Robert Barron, biologist
and dune revegetation and restoration expert, (iii) Mr. Stan Redick, planner, (iv) Dr. Peter
Merritt, biologist, (v) Mr. Robert Banting, SRA, MAl real estate appraiser, (vi) Ms. Rhonda
Harrell, Architect, and (vii) Mr, Charles Toth, Architect.
I All references with "P" refer to Petitioner's Exhibits and the number refers to the Exhibit number
as received into evidence. -
1
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".
· .
Cussons through their attorney, called the following witnesses: (i) Paul Cusson as a fact
witness, (ii) Mr. Michael Avirom, surveyor, expert witness and (Hi) Dr. Manley Boss, biologist,
expert witness. The foregoing experts also offered some factual testimony.
Eichelbergers did not call any witnesses or offer any exhibits.
The following City employees testified; (i) Mr. Jerry Sanzone, Chief Building Official, (ii)
Ms. Dianne Dominquez, Director of Planning and Zoning, (iii) Mr. John Walker, Project
Coordinator, and (iv) Ms. Pat Cayce, Historical Planner. The foregoing City employees testified
as fact witnesses and expert witnesses.
The Hancock Property 2is located in the Residential Land Use - Low Density 0 - 5
DU/Acre classification under the City's Comprehensive Plan (P I, P 16) and in the RlAAA
Zoning Classification under the Land Development Regulations (P 4, P 5, P 16, and P 57).
The Application has been processed in accordance with all procedural and substantive
requirements of City Ordinances including the City Comprehensive Plan, and the Delray Beach
Land Development Regulations (P 22, TR 30 Ln 18l The Application is consistent with the
Delray Beach Comprehensive Plan and Land Development Regulations (P 16, P 57 TR 32 Ln 13).
City staff reviewed the Application (P 16) and the Director of Planning and Zoning concurred that
if the Commission approved the Application pursuant to its authority under LDR 4.3.1 (D) by
determining that it was "necessary and appropriate" to do so, that such approval would be
consistent with the Delray Beach Comprehensive Plan and Land Development Regulations (TR
13 Ln. 12). The city staff also indicated that approval of the Application would pose no
concurrency (level of service) problems (P 16 pg 2) and the Petitioners planning expert agreed
(TR 35 Ln 18, P 57 pg 4).
As to Lot I of the Application (on the west side of A-I-A), none of the parties, including
the City, raised any objection in this proceeding concerning any deficiency of that lot, and in fact,
it is considerably larger than what is required in the RlAAA Zoning District (P 16 page 2). The
only objections raised by any party related to Lot 2 (on the east side of A-I-A the "Hancock
Oceanfront Lot"). If it were not for the fact that the Hancock Oceanfront Lot had been reduced
to its present size by the imposition of Erosion Control Line, there would be no question the
Application would have been summarily approved. The Hancock Property east of A-I-A as
originally platted (P 14), far exceeded the present day standards and requirements for RIAAA (P
5 pg. 4344). After the imposition of the Erosion Control Line which divested the owner of title to
2 References to the "Hancock Property" include the entire Hancock Property described in the
Application on the east and west sides of A-I-A.
3 TR references are to the court reporter (Mudrick, Witt, Et. AI.) transcript of the April 5,
1994 Hearing and the number following is the page number of the transcript. Ln refers to the line
on the page.
2
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. .
the land east of the line and vested it in the public, the owner's remaining land area, east of A-l-~
was reduced to that shown as Lot 2 of the Hancock Subdivision (P 7).
In the City north of Atlantic Avenue, east of A-I-A along the oceanfront, all lots have
single family homes constructed upon them (P lOb, P 109), except, for the Hancock Oceanfront
Lot which is included in the Application, Le. the Hancock Oceanfront Lot is the last vacant
oceanfront lot in the City of Del ray north of Atlantic Avenue.
- Petitioner's surveyor did an analysis of the effect of the Erosion Control Line on all lots
and properties effected by it in the City of Del ray Beach (P 22, Par. 13). There are only two lots
and/or properties in the City as to which the Erosion Control Line reduces the lot area or
dimensions below the current required minimums (P 22, Par. 13). These two lots and/or
properties are the portion of the original Hancock Property east of A-I-A (P 14) and Lot 1 of
Ocean Apple Estates· (P 13, P 22, Par. 13). Ocean Apple Estates abuts the Hancock Property
along the south line of the Hancock Property (P 22 par. 14, P 13). On Lot 1 of Ocean Apple
Estates there is presently a single family home under construction (P lOa, b, 10d, 1 Oe) which is
validly permitted under City regulations (TR 17, In 23).
The Lot 1 of Ocean Apple Estates is 22 percent smaller in square footage than the
Hancock Oceanfront Lot and 12 percent more nonconforming in terms oflot dimension (P 22).
The owner of Lot 1 of Ocean Apple Estates was also granted side yard setback variances for the
home which is under construction on the lot to permit construction 5 feet from the side lot line
instead of the required 12 foot side yard setback (P 22, P 41). Construction ofa single family
home on the Hancock Oceanfront Lot can be accomplished at least up to 5,000 square feet of air
conditioned space and in addition a two-car garage and areas for porches and other amenities and
comply with the 12 foot side yard setback as well as all other requirements in the R1AAA Zoning
District, (P 23 and testimony of Mr. Charles Toth 4/19/94l Oceanfront property is quite
valuable. The only testimony offered as to the value of oceanfront property was by Mr. Robert
Banting, SRA, MAl Mr. Banting concluded that the Hancock Oceanfront Lot has a fair market
value of $725,000.00, assuming a single family residence can be constructed thereon and that in
the event a single family residence could not be constructed on said lot that it would have only a
nominal value (P 24, bottom of page 1, TR 49). If the Hancock Oceanfront Lot is rendered a
nonbuildable lot by the denial of the Application, the owner will be denied all economically viable
use of the property (P 24 pg 3 last par., TR 49, Ln 17).
In connection with the Application the Hancocks have offered to have the home located
4 Also referred to as "Wilson Property" in surveyors affidavit (P 22).
5 References of this nature in this Final Order to a witness's testimony without reference to a
page in the recorded testimony is necessitated by the fact that the testimony at the continuation
hearing on April 19, 1994 has not been typed up by the court reporter and furnished to the City.
3
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on Lot 1 of the proposed Hancock Subdivision dedicated as a Historic Property under the LDR's6.
The City Commission has adopted the designation ordinance on the first reading (P 34, P 35).
In connection with, the processing of the plat for the Wilson Property known as Ocean
Apple Estates (P 13) the Wilsons offered to historically designate the home on their property,
west of A-I-A, (P 36, P 37, P 38) and the City adopted Ordinance 70-89 (P 39, P 45) historically
designating the Wilson Property. The home on the Hancock Property and the home on the
Wilson Property were designed by the same architect, John Volk, the homes were built
approximately 2 years apart, were both used by the same famous person, Fontaine Fox. They
were both of equal historical value and both would be qualified for registration on the National
Register (TR 24, P 26,27, 28, 29, 31, 32, 36, 37, and 38).
The City's Comprehensive Plan objective C-l, page III -F-23 (P 1) states:
"The retention, rehabilitation, and protection of historic resources as provided for in this City's
Historic Preservation Ordinance shall continue to be applied in the Coastal Zone". The Historic
Preservation Ordinance is contained in the LDR's (P 5, beginning at page 4501). The Historic
Designation of the Hancock property, west of A-I-A, would further the goals and policies related
to Historic Preservation contained in the Comprehensive Plan and the Land Development
Regulations.
Although the objectors argued that because the LDR's contain a provision permitting the
City to unilaterally designate historic structures, that the offer of the land owner in connection
with the Application was not something the City should consider find the argument unpersuasive
since the City is now in the position to accept a voluntary offer of Historic Designation instead of
imposing a Historic Designation with the consequent vagaries of litigation and expense. The
historic structure is located within the land that is the subject of the Application. The approval of
the Application and acceptance of the offer to designate go hand in hand, also, since there is no
evidence presented which persuaded us, even not considering the Historic Designation, that the
Application should be denied. Obtaining the Historic Designation is a benefit we are able to
achieve that furthers the goals and policies of the Comprehensive Plan in the context of an
application which we do not believe could be denied in any event. We think it is appropriate to
consider this historical value in connection with the Application even if it standing alone does not
compel our decision.
The topography of the Wilson Property east of A-I-A and the Hancock Oceantfont Lot
were similar prior to the construction being commenced on the Wilson Property east of A-I-A (P
22, PAR. 15, P 48, PAR. 3). The Cussons allege that the approval of the Application would
result in interfering with or cutting off a prescriptive public access over the Hancock Property to
the beach. However, there was no competent substantial evidence in support of this allegation.
Mr. Cusson, himself, made this allegation. It was made by no other witness nor was it supported
6 References to "LDR" or "LOR's" are to the City's Land Development Regulations (P 5).
4
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by the evidence.
An environmental assessment of the Hancock OceanfTont Lot has been performed (P 17,
TR 39, and testimony of Dr. Peter Merritt). The Hancock Oceanftont Lot is not important to any
plant or animal species that is endangered, threatened, or of official concern (testimony of Dr.
Peter Merritt). Implementation of the Dune Revegetation Plan prepared by Robert H. Barron (P
17, 18) will result in the ecological and biological condition of the project area being substantially
improved over its present condition (P 17, 48, testimony of Dr. Peter Merritt). The ecological
and biological benefits that would result £fom implementation of the plan include improved
shoreline stability, improved storm protection, plantings of endangered or threatened species in
the project area, an increase in plant species diversity, increase of vegetative coverage £fom
approximately 50% of project area to nearly 100%, will not adversely affect the natural exchange
of sand within the beach dune system, improve the stability of the dune by adding sand volume I
and vegetation to the face of the dune, and not cause any net loss of sand £fom the Sand
Preservation Zone, in fact, there will be a net gain of sand as a result of the proposed filling (P 17,
P 48, P 50, P 59, TR 44, TR 45, TR 47, testimony of Dr. Peter Merritt). The proposed Dune
Revegetation Plan is permitable under the City's Coastal Protection Ordinance (TR 46). Although
the Cussons attempted to prove that there was currently a crest of dune located on the Hancock
Oceanfront Lot the evidence did not support this conclusion (P 9, testimony of Ken Weigand, Dr.
Peter Merritt, and Robert H. Barron). Even assuming that there was a crest of dune on the
Hancock Oceanfront Lot this is only relevant to the extent that it would establish the City's
regulatory jurisdiction over the Hancock Oceanfront Lot under the Coastal Protection Ordinance
(P 19). Section 151.63 (A) of the ordinance states "...........This ordinance establishes two zones
of iurisdiction--the Coastal Protection Zone and the Sand Preservation Zone" (emphasis added). If
there were a crest of dune on the Hancock Oceanftont Lot then: (i) a portion of the Hancock
Oceanfront Lot would be within the Coastal Protection Zone (P 19, page 4, 151.63(B», (ii)
jurisdiction of the City would be established and (iii) a permit would be required for construction
related activities within this zone [P 19, 151.63(D)(I)]. Such activities would only require a
permit, the activities are not prohibited within the zone.
The Coastal Protection Ordinance, (i) strongly encourages repair and revegetation of
dunes (P 19) page 7 par.(4), and (ii) also encourages the removal of exotic vegetation page 7 par.
(6). Implementation of the Dune Revegetation Plan would accomplish both of these objectives (P
17). Native vegetation preserves beaches and dunes because the root systems of beach plants
retard the erosion of sand (P 19 attached Rules and Regulations, page 1). Much of the native
vegetation of Palm Beach County has already been lost (P 19, attached Rules and Guidelines page
1). The proposed Dune Revegetation Plan will use native vegetation in its plantings (P 17).
The Chief Building Official has initial regulatory authority over all alterations (as defined
in Section 151.62) to the beaches and dunes [P 19 Section 151.63(A)]. The City Commission has
appellate jurisdiction [P 19 Section l51.67(A)]. The Petitioner at the time of the hearing had not
5
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I
filed a permit application under the ordinance with the Chief Building Official nor was there an
appeal to the City Commission appealing a ruling of the Chief Building Official under the Coastal
Protection Ordinance. However, the evidence as to the environmental condition of the Hancock
Oceanfront Lot was relevant in this proceeding for the following reasons: (i) under Goal Area "A"
"Protection of Natural Coastal Environment" Page III - F - 18 of the City's Comprehensive Plan,
policy A-l.l requires that any land use request within the Coastal Zone which involves the beach
and dune system shall be subject to the requirement of having an environmental assessment
performed and presented as part of that land use request application, and (ii) in order to show that
if the City Commission approved the application it would not be engaging in a useless act i.e. that .~
a dune vegetation and restoration plan consistent with the Coastal Protection Ordinance could be
designed for the subject property. The Petitioners Dune Vegetation and Restoration Plan (P 17, P
18) we take as one example of the type of plan that could be devised for the subject property.
The Plan not only does no environmental harm but actually improves the ecological condition of
the project area over and above the present conditions and does so consistent with the applicable
City requirements.
CONCLUSIONS OF LAW
1. The City Commission has jurisdiction of the Application which is a minor subdivision
pursuant to the Land Development Regulations (P 5) Section 2.4.5(K) page 2446.
2. The review of a minor subdivision application is a Quasi-Judicial Proceeding and the City
held a Quasi-Judicial Hearing to review the Application.
3. The granting, denying, or granting with conditions of a minor subdivision application is a
"Development Order" as defined in Section 163.3164(7) F. S. 1993. All Development
Orders are required to be consistent with the Comprehensive Plan, Section
163.3194(1)(a). The City Subdivision Regulations also require that the subdivision ofland
be consistent with the City's Comprehensive Plan (P 5 Section 5.1.2(A), Page 5101)
4. The Application is consistent with the Delray Beach Comprehensive Plan, Land
Development Regulations and other requirements of the City of Del ray Beach. including
the Coastal Protection Ordinance which does not prohibit building of a single family
residence within the Coastal Protection Zone. The Coastal Protection Ordinance, even if
the subject property is within the Coastal Protection Zone only requires a permit prior to
construction activities taking place within the zone [P 19, pg 4, Section 151.63(D)(I)].
5. Despite the fact that the Hancock Oceanfront Lot as presently configured is less than
required for lot area and lot depth in the RlAAA Zoning District, we find that it qualifies
as a nonconforming lot of record under Section 4.1.4 "Use of Lots of Record" on page
4104 of the Land Development Regulations (P 5).
6. The Hancock Property included within the Application is divided by a state road referred
6
to as A-I-A or Ocean Boulevard (P 14) and for the reasons set forth in Reynolds v. Town
of Mana lap an 167 So. 2d 607 (2nd DCA 1964) we find that a denial of the Application
would be unconstitutional, arbitrary and an unreasonable exercise oflegislative power.
7. We also find that irrespective of Reynolds that it would be arbitrary and unreasonable and
therefore unconstitutional to deny the Application in view of the fact that all other
residential lots and/or properties north of Atlantic Avenue, east of A-I-A in Delray Beach
have been allowed to construct a single family residence on their property. Also, the
- alleged deficiency of the Hancock OceanfÌ"ont Lot relating to lot area and lot depth would
not change this conclusion since; (i) the deficiency was not in any way self-created by the
property owner, (ii) the deficiency was caused by the imposition of the Erosion Control
Line, (iii) there are only two lots and/or properties in the City of Delray Beach which were
similarly effected by the Erosion Control Line where the result was to reduce lot area and
lot depth below the current minimum requirement in RlAAA, (iv) the lot so effected
(other than the Hancock Oceanftont Lot) abuts the Hancock OceanfÌ"ont Lot to the south,
(v) there is already a home under construction on said abutting lot (Lot I Ocean Apple
Estates), (vi) such home was legally permitted under City regulations, (vii) because the
effect of the Erosion Control Line, by reducing lots below the minimum requirements, was
limited to only two lots in Delray Beach this is truly a unique situation and a denial of the
application would result in a unique and unnecessary hardship on the property owner of
the Hancock Oceanfront Lot, and (viii) to deny the Application would result in the denial
to the property owner of all economically viable use of the Hancock OceanfÌ"ont Lot.
8. The approval of the Application is "necessary and appropriate" as required by Section
4.3.1 (D) page 4301 of the Land Development Regulations for the reasons set forth
above. The terms "necessary and appropriate" must be construed in light of the facts and
law.
The denial of the Application would deny the property owner the right to construct a
single family home which is a right enjoyed by other properties in the RlAAA Zoning
District. In any event, for the reasons set forth above, the property would qualify for a
variance under applicable City regulations (P 57).
9. We find that under Board of County Commissioners of Brevard County. Florida v. Jack R.
Snyder the Petitioners have met their burden of proof by proving that the proposed
Application is consistent with the Comprehensive Plan and complies with the procedural
requirements of the zoning ordinance, i.e. Land Development Regulations. The objectors,
Cusson and Eichelberger, presented evidence, but such evidence failed to prove that the
approval of the Application would not be consistent with the Comprehensive Plan and the
procedural requirements of the zoning ordinance. Furthermore, the objectors evidence did
not prove that the denial of the Application would accomplish a legitimate public purpose.
Nor did the objectors evidence show that a denial would substantially advance any public
interest. NoHan v. California Coastal Commission 483 US 825 (1987).
7
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, , . .
10. A denial of the Application would result in a taking as to the Hancock Oceanfront Lot
Lucas v. South Carolina Coastal Council 112 S. CT. 2886 (1992).
II. We do not base our decision exclusively on anyone of the above referenced conclusions
although each independently could serve as a legally sufficient basis for the approval of the
Application. Looking at the totality of the facts, circumstances and law regarding this
situation we are of the opinion that not only is our action in approving the Application
justified but it could also be argued that it is compelled.
.-
DECISION
For the reasons set forth above, the Application is hereby approved subject to the
following conditions: 7
A. That any single family residence constructed on Lot 2 of the Hancock Subdivision shall
not exceed 5,000 square feet of air conditioned space and in addition may contain a two-
car garage with areas for porches and other amenities.
B. That the property owner submit to the building department, at the time an application for a
building permit is submitted for a single family residence on the Hancock Oceanfront Lot
an application for a permit under the Coastal Protection Ordinances. The Coastal
Protection permit must be issued prior to the issuance of a building permit for the
construction of a single family residence. The Plan that was received into evidence as
Petitioner's Exhibits 17 and 18 is one example of what the City Commission considers a
permissible plan in that it complies with the requirements of the ordinance and results in
the ecological and biological benefits set forth in this Order. We do not require the
7 Although the subdivision regulations in the LDR's refer to a minor subdivision not being
approved subject to conditions we construe this to mean specific conditions which are necessary
to the validity of the approval of the subdivision which are to be performed after the City
Commission approval of the subdivision application. In the instant case, the subdivision
application is complete and approved as submitted. The above conditions were either acquiesced
in by the Petitioner or are appropriate to further (not just be consistent with) the goals and
policies in the Comprehensive Plan
II Even though we have found there is no crest of dune on the Hancock OceanfTont Lot, the
Petitioner has proposed to do a plan such as the Dune Revegetation and Restoration Plan that was
submitted into evidence and therefore we find that the Petitioner has acquiesced in the submittal
of such a plan, although we do not require the specific plan that was received into evidence to be
the actual plan submitted. Any substitute plan shall achieve similar ecological and biological
benefits (except we do not require the filling of the Hancock Oceanfront Lot as set forth in
Petitioner's proposed plan). We also find that a plan of this nature furthers the environmental
goals and policies of the City Comprehensive Plan.
S
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I
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Property owner submit that specific plan, however, we do require that a plan in
compliance with ordinance requirements be permitted for the subject property prior to the
issuance of a building permit for a single family residence on the Hancock Oceanfront Lot
("Permitted Plan"). The Permitted Plan shall be completed prior to the issuance of a
certificate of occupancy for a single family residence on Lot 2 or in the alternative the
Petitioner may obtain a certificate of occupancy prior to completion if the Petitioner posts
an irrevocable letter of credit, bond or other surety in a form acceptable to the City
attorney in an amount that is equal to 110 percent of the remaining cost of completion of
the Permitted Plan. If the Petitioner has not completed the Permitted Plan within the later
to occur of: (i) the issuance of the certificate of occupancy or (ii) 90 days has expired trom
the date the Permitted Plan could have been completed under any conditions which may be
applicable to the Permitted Plan under the permit issued by the City or under any permit
issued by the State of Florida or other applicable governmental body, the City may utilize
the proceeds of the irrevocable letter of credit, bond, or other surety to complete the
Permitted Plan.
C. The City hereby accepts the offer of the Petitioner to designate the single family residence
on the west side of A-l- A as a historic structure in accordance with the City Land
Development Regulations. The acceptance of this offer will be effective, if and only if,
this Final Order approving the Hancock Subdivision Application including the Hancock
Oceanfront Lot as a separate permittable lot for the construction of a single family
residence with accessory uses has become final and nonappealable or if an appeal is filed
that the result of the appeal is to uphold this Final Order with the result that the Hancock
Subdivision Application is approved including the Hancock OceanfÌ"ont Lot as a separate
permittable lot for the construction of a single family residence (as referred to in paragraph
A, page 8 hereof) with accessory uses and such order on appeal has become final and
nonappealable.
DONE AND ORDERED, this 3rd day of May 1994.
Delray Beach City Commission
Thomas Lynch, Mayor
Attest:
City Clerk
9
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I
·
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ HARDEN, CITY MANAGER
THRU: IANE~ DOM~~
DIRECTOR OF N G AND ZONING
FROM:
SUBJECT: MEETING OF APRIL 5, 1994
HANCOCK SUBDIVISION FINAL PLAT **REGULAR AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the Hancock Subdivision.
The subject property is located at 622 N. Ocean Boulevard
(State Road AlA).
This final plat is being processed pursuant to LDR Section
2.4.5(K), Minor Subdivisions.
B A C K G R 0 U N D:
In September, 1993, the City received a request to replat
property located at 622 N. Ocean Boulevard. The plat proposes
to create 2 separate parcels from 1 parcel which currently
contains 1 single family structure. Currently, the subject
property runs from Andrews Avenue on its western boundary east
to the Erosion Control Line.
As a separate request, the applicant has also asked that the
single family structure on the western portion of the property
be designated as historic. On November 3, 1993 the Historic
Preservation Board approved the nomination of the western
property as historic. The first reading of Ordinance 82-93 for
historic designation on the western property was approved by the
City Commission on December 7, 1993. If the subdivision plat is
approved, the second reading of the ordinance will be scheduled
for Commission consideration.
City Commission Documentation
Hancock Subdivision
Page 2
The subdivision requires formal City Commission review prior to
approval. Pursuant to LDR Section 4.3.l(D), lots shall meet the
minimum requirements established unless the City Commission
declares at the time of approval of an associated development
application that it is necessary and appropriate to create such
a nonconformity. As Lot 2 will be nonconforming in certain
respects, the above section applies. The City Commission may
also impose mitigating conditions at the time such a plat is
approved. Please see the following analysis.
P L A T A N A L Y S I S:
The western parcel has an existing use of a single family
structure. The eastern parcel is currently vacant. Both
parcels have an existing land use designation of Low Density
Residential (0-5 DU/Acre) and an existing zoning of R-1AAA. The
land use designation and the zoning are consistent with the
City's Comprehensive Plan. Creation of an additional lot will not
have an impact on level of service standards ( concurrency) .
The following matrix indicates the requirements of the R-1AAA
zoning district and the dimensions that are being proposed with
the Hancock Subdivision.
Hancock Subdivision
R-1AAA Lot 1 Lot 2
Lot Size (sq. ft. ) 12,500 33,974 10,502
Lot Width (ft.) 100 100 100
Lot Depth (ft.) 110 339.74 105.02
Lot Frontage (ft.) 100 100 100
Pursuant to Florida Statutes 161.191, all lands eastward of the
Erosion Control Line (ECL) are vested in the State of Florida,
while all upland area is still considered private property.
In other words, the Eros ion Control Line serves as the site's
eastern property line. Based upon the above, Lot 2 will contain
10,502 sq. ft. whereas 12,500 sq. ft. is required, and has an
average depth of 105.02 ft. whereas 110 ft. is required. With
regard to the dimensioned lot area and depth, the applicant
argues that prior to creation of the Erosion Control Line there
was sufficient land area to meet codes.
In a similar situation, the subdivision to the south (Lot 1 of
Ocean Apple Estates) was created in 1989 with certain
nonconformities. Variances were obtained from the Historic
Preservation Board with respect to minimum lot size and side
yard setbacks. Also, the size of the structure to be built on
that lot was limited to 2,400 sq. ft. (Note: since that time,
the LDRs were changed to provide that a non-conforming lot may
be created by action of the City Commission.)
.
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City Commission Documentation
Hancock Subdivision
Page 3
While Lot 2 will not have any setback problems, the City
Commission may want to impose a condition concerning the
allowable floor area of any structure on Lot 2 of the Hancock
Subdivision prior to approval. Based on setback requirements,
a building envelope of 3,600 sq. ft. (ground area) can be
accommodated. It may be appropriate to limit the size of the
building envelope to provide for increased distance between this
home and the adjacent structures.
COMPLIANCE WITH COASTAL PROTECTION ORDINANCE
With respect to ecologic and environmental consideration,
pursuant to the Coastal Protection Ordinance when a dune exists,
a special permit must be received from the Chief Building
Official. To receive the special permit, the applicant must
demonstrate with adequate engineering data that the proposed
project will not adversely impact the stability of the dune.
A topographic survey of Lot 2 has been reviewed by the Chief
Building Official, City Horticulturist, and the Planning
Department's Project Coordinator. The applicant has also
notified the City that environmental mitigation will be done at
the time of permitting to improve the stability of the existing
beach dune area. As this mitigation is yet to occur, it is
appropriate to condition the plat approval on the provision of a
mitigation plan of Lot 2, at the time of permitting.
PLANNING AND ZONING BOARD CONSIDERATION:
The Hancock Subdivision is considered a minor subdivision, thus
Planning and Zoning review is not required.
HISTORIC PRESERVATION BOARD CONSIDERATION:
As previously stated, in conjunction with the subdivision
request, the applicant also requested that the single family
structure on Lot 1 be designated as historic. The Historic
Preservation Board formally held a public hearing on this item
on November 3, 1993 and by a vote of 6-0 recommended that the
City Commission approve the site as historic.
NOTIFICATIONS OF OBJECTION:
The Planning and Zoning Department has received a petition
containing approximately 50 signatures of objection to the
proposed Hancock Subdivision. The items cited in the petition
include: negative impacts upon light, ocean views, and property
values; opposition to granting a special privilege
(consideration); and ecologic and environmental consideration.
Also, a letter of objection was received from the attorney of
the property owner just north of the proposed plat. A copy of
the petition and letter is attached.
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City Commission Documentation
Hancock Subdivision
Page 4
ALTERNATIVE ACTIONS:
A. Make a finding that it is necessary and appropriate to
create a non-conforming lot ( Lot 2) based upon the original lot
area and previous approvals granted to similarly situated
property in the area; and
1. Approve the plat for the Hancock Subdivision as
submitted.
2. Approve the Hancock Subdivision, subject to the
following conditions:
a. That any structure built on Lot 2 not exceed
2,500 sq. ft. of gross floor area per floor, with
a maximum of two (2) stories.
b. Submission of a mitigation plan for Lot 2 at the
time of permitting, with a requirement that the
mitigation must be completed prior to the
issuance of a Certificate of Occupancy.
B. Deny the Hancock Subdivision based upon a determination
that a non-conforming lot would be created~and it has not
been demonstrated that it is necessary and appropriate to
accommodate the request.
R E COM MEN D E D ACT ION:
Commission's Discretion.
Attachment:
* Applicant's Request Letter, Reduced Plat, Floor Area
Exhibit, & Letters of Objection
TIHNCOCKCC.DOC
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,
407-276-5803 LAW OFFICES '352 P02 APR 01' '3""+ 12:00
LAW OFFICE OF
ROGER G. SABJEIRSOI~t Pu~.
70 S.E. 4th Avenue Telephone: \4071 272·8616
Delray Beach, FL 33483
April 1, 1994
Mayor Lynch and City Conunissioners
City ofDelray Beach
100 N,W. 1st Avenue
Delray Beach, FI33444
Re: Proposed Plat of Hancock Subdivision (two lots)
622 N. Ocean Boulevard - Request for approval
with nonconfonning lot east of A-I-A (as to lot depth and area)
Dear Mayor Lynch and Members of the City COlMÙssion:
This letter replaces my letter to you November 4, 1993. Please be advised that I represent
Nancy Clay Hancock and Waddell W. Hancock, the owners of the above referenced property.
Their property on its south line abuts the north line of the Wilson property which the City
Conunission has previously designated as containing a Jùstoric structure (a "Fontaine Fox" home).
Likewise, our property has located upon it a house designed by the same architect, John Volk.
Also, the house on our property was utilized as a home by Fontaine Fox. The staff has indicated
that they believe the home on our property qualifies for registration on the National Register,
Like the Wilson property, our lot area east of A-I- A does not meet the current milÚmum
lot depth and lot area requirements. In connection with the Wilson historic designation their
property east of A-I-A received variances and a home is being constructed on this property. The
lots east of A-I-A (including our lot) as originally platted had more than eoough land area to meet
the RIAAA requirements, however, because of the subsequent adoption of the Erosion Control
Line the lot sizes were reduced.
Therefore, we are requesting that the City Comnússion approve the Hancock Subdivision
plat with the lot east of A-I-A in the configuration shown on the plat so that it may be used as a
separate single family residential lot. In our opinion, the 10t east of A-I-A quaJities as an existing
nonconforming lot of record for which no approval is required in order to be used as a separate
single family residential lot. However, the Planning Staff feels that City Commission approval is
required and that the City Commission has the authority to grant such approval pursuant to the
provision in the Land Development Regulations which allows the Commission to approve a plat
with a nonconforming lot if the Commission determines that it is necessary and appropriate to do
so.
·
407-276-5803 LRW OFFICES '352 PD3 APP 01' '?...¡ 12:00
Mayor Lynch and City Commissioners
City of Delray Beach
April I, 1994
Page 2
East of A-l·A there are homes constructed on the lots abutting our property to the south
and to the north. The subject property is the only vacant lot remaining in this area.
On behalf of the property owners we would like to thank you for your consideration of
this matter and if! can provide you any further infonnation please do not hesítate to contact me.
Sincerely yours,
æ1/1ßÔA~
Roger G. Saberson
RGS/dl
cc: Mr. Jim Friess
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MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS AT LAW
The C\arl( House
102 Nor1h Swinton Avenu~_
Delray Beach. Florida 33444
MICHAEL S. WEINER South Palm Beach CounIy. (407) 265-2666
CAROLE ARONSON North Palm Beach CounIy. (407) 736-5888
Broward County: (305) 462-4935
OF COUNSEL: ~tŒgft~'
PETER J. MURRAY
OfC 1 'I 1993
December 17, 1993 PLANNING & ZONI~;~
... ..--
HAND DELIVERY
Mr. David Kovacs
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Nomination for Historical Site Designation; Request for Plat;
Request for Variance; 622 N. Ocean Blvd., Delray Beach, FL
Our File No.: CUSP(186)OO2
Dear David:
Enclosed are the original petitions signed by residents of Delray
Beach, Florida with respect to the above captioned matters. Please
be advised as follows.
On or about August 26, 1993, Clay Hancock and Wadell W. Hancock
made application for a plat and request for variances before the
Planning and Zoning Department for the City of Delray Beach,
Florida. In addition, on or about June 22, 1993, Roger Saberson,
Esquire, on behalf of the applicants requested a designation of
historic site before the Historic Preservation Board.
As has been pointed out by commissioner Jay Alperin, these requests
and applications have been linked. The enclosed petitions
demonstrate that, among other things, the difficulties caused by
these requests outweigh any benefit. In any event, the Historic
Preservation Board has its own power to nominate properties for
designation without the requirement of any "linking". Please see
Section 2.2.6 (D) (2) of the Land Development Regulations of the City
of De1ray Beach, Florida.
We request that the petitions and this letter be made a part of the
record with respect to all three requests and applications.
.
,.
~
Mr. David Kovacs
December 17, 1993
Page 2
Enclosed is a copy of this letter. Would you please sign it as a
receipt of the original petitions. Thank you in advance for your
cooperation.
'ì.
A/trulY; yours.
l\\ £J [ l :¿Vl'~\
M~àKael s. We er
MSW/dme
Enclosures
cc. Mr. esson .
Received: \ 1.ill~ ,7.{tQ{q3
no
7 If 3~
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
I .:l¡O ~~¿ /)-1,.
¿Jdr~ /LAd.. ,3;J¥¥3
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.YV/Vn c... C'"'-1t. (1_ 'V L..9Dj ~~ ~-e. \
.
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
state Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
ADDRESS:
/¿J~ IF!!. p-r4t2{,/-¿.
9.:7 ( ~~flJ:.ék~ 1JJz,. t:J¿Þ-
~ c--y b¿j-{ 3 '3<./-g _~
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~$ì1lLÌ~ £CUt~
.
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
1Jk!:¡ JJfft; JkáB ~
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'-1-/2. AJ· @rølj-r1_
>fCf Jv,Ó~-
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. ~a~ JJ7r1ÚJI. ~tlk~ Ä<£
~~ ~ {3~ /1J.-ó h~r3~ßt~,
.
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
\LoLr N.Q AJ~ (\ \ 1 ~ DÁ~,",,-
111- 41 "V.... .J3" ~~:¿_. ...-.
~:/
e /cro AI.~. ~·tl€. 1) R-I y,,-
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-1 'ì ð A-Ird~ t-l Ave::.. lh. ~
rA~~~ S>~ I (
,
.
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
~- vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
~.~~ ;"7(. .cu¡~-
fat: ¡;J~
r¡G;J c~~<")<-- ~.- .}}f.·9W5
¿dyAJ .,57ðlb ~8'š
,(j¿
JLf~
Lf3/d ~a/J- !fift I~ a ¿
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---~ .? I :l c.I f L, ',u O/I-? "ã. cI.
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Lfr~~ a~ ' :J.7f¿, - 4'014 -t~ / 1
tlbe¡ '¡~06'Dr.
~ 7.;1 - 05dl
.
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
~{4
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~GO ( Ct..c. fd~/;", ;Sf ,,~(
vJ Ct1rl~7 e(}(~ f)t' Ivoc7 ßc~ .33 vvs
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1/18/94 c: City Manager ~ e. /
Susan Ruby ~~ ç. ~ CW\/
SACHS & SAX, P.A. 'j:)1 t -
ROIIERT II. IIURR David Kovacs ATTORNEYS AT LAW ~~TE 4150 - NORTHERN TRUST PLAL,1a -
STEVEN L. DANIELS ~ 30t YA"'ATO ROAD
WILL'A" A. ,.RAGETTA ~~" t IIOCA RATON. "LORIOA 33431
"'I..SO AOWrrrr:o IN HeW JC"SC'f' ".\~
LARRY Z. GLICKMAN tr' ~ . .. -
RONALD ,J. KLEIN ~~ ~~ r£ "A'LINO "OOIllE..
.LSO .O"ITTEO IN 0"10 ~ .. 0 aox 810037
PETER 5. SACHS ~~ "Ç¡ ~~ATOYLOIltIOA 33481-0037
ALSO AOMITT£.D IN NEW YO"K ~ ,,0'-- -
SPENCER .... SAX ~'yo ~.... TELE."~ONE ¡'07) SlSI~--liÞSÞ
- -.\.(:, Tl!:LECOP'EIII ¡.O?) 9S1~-~98S
0" COU"SEL -.\.\'-'"
MICHELE .... CUMMINGS ~,~ . - RECEiVED
.~~CCMlnco .~. I
W....IT...L AND ,......'Ly L.AW ÇV y
"ARIA R. SACHS 4 .
.LSO...O..ITTEO'..CAL',.O....'... January 13, 199 / JAN 1 ß \994
RAB:mld
Hr. Thomas Lynch, Mayor C\1'( COMMISSION
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: 622 North Ocean Blvd./Petition to
Add Property to Local Register of Historic Places
Our File Number: 1070.05
Dear Mr. Lynch:
Our firm represents Mr. & Mrs. Jack Eichelberger, owners of
the property located directly north of the above-referenced
property. I have been asked to contact you in order to register my
clients' objection to the Petition, but only to the extent that the
Petition requires as a quid pro quo, that the property lying east
of AlA be given a variance of the lot size and lot depth
requirements to permit the property east of AlA to be a separate
buildable lot in its present configuration. Presently, the lot is
classified as too small to be a buildable lot.
My clients have no objection to the Fontaine Fox house being
designated as an historic property. The house is probably well
deserving of such designation, and would, hopefully, be an
attribute to the neighborhood. My clients' objections, with regard
to the property east of AlA, are several fold.
First, my client feels very strongly that the petitioner is
abusing the system by requesting the variance on the east side
property as an absolute condition to going forward with their
Petition on the west side of AlA. If you were to review the
Designation Report, you would find that unless the variance is
simultaneously approved by the City, the petitioner would withdraw
their Petition for the historic site designation of the Fontaine
Fox house. This is not the process by which property owners should
be seeking a variance on their oceanside property, nor is it the
method by which historically significant properties should be added
to the list of historic homes.
My clients second objection lies with the fact that the
configuration of the east side property has been designated by the
.
. .
MR. THOMAS LYNCH
January 13, 1994
Page 2
City as being too small for the construction of a residential
improvement. There are physical reasons for such designation and
to grant a variance to override those reasons, not only poses a
danger to the current and future property owners of the lot, but
would defeat the purposes and policies of the City Building and
Zoning Departments and other departments which have created these
lot requirements.
Finally, I would like to bring to your attention the situation
with regard to the property just south of the subject property
wherein a variance was given to build a residential property, and
then approximately one year later, a second variance request was
submitted to increase the size of the construction on the property.
That petition was defeated, and I would like to think it was
defeated because of my client's objection and other objections by
neighbors, and that without those objections, a larger house which
would have been in direct conflict of the original intent of the
City, would have been constructed. This is not necessarily to say
that the owners of the subject property would undergo the same
tactic, however, the possibility exists, and the best way to
prevent that abuse from taking place in the future, is to deny the
variance requests at its inception.
I hope you will take these objections into serious
consideration in making your decision regarding the request.
Very truly yours,
SACHS &
D
SLD:ch
cc: Mr. & Mrs. Jack Eichelberger
S"'CHS & SAX. P....
SUITE "'50.301 YAM....TO ROAO . P,O. BOx 810037. BOCA RATON. "L 33048'-0037. TeLEPHONE (.07. ¡tg.·...Sjþ8 . TEL£COPICR (4071 SiUiÞ""'49a~
.
{,{
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MEMORANDUM
TO: Mayor and City Commission
f1!,.' .'
FROM: Edward J. Gusty, Director of Human Resources { IX, £;
C
SUBJECT: REQUEST FOR APPROVAL OF EMPLOYEE LABOR AGREEMENTS
DATE: April 28, 1994
The attached labor agreements are offered for your review and approval.
The agreements with both the International Brotherhood of Firemen & Oilers,
AFL-CIO-Local 1227 and the International Association of Fire Fighters,
Local 1842 are for a two year period commencing on 10/1/93 and terminating
on 9/30/95.
Major changes in both agreements propose a 0-5% performance evaluation
increase, a reduction in the employees cost of dependent coverage of
approximately ten dollars per month for those electing dependent coverage,
and a limitation in the use of bereavement leave.
The IBF&O agreement also provides a topped out employee the opportunity to
receive a merit bonus of up to 3% with qualifications and the IAFF
agreement provides for a 2.5% salary range adjustment thoroughly
eliminating the need for any top out bonus.
Additionally the IAFF agreement provides for participation in the City's
long term disability benefit program, if elected, and paid for by the
employee.
The proposed two year agreement provides a period of employer relation
stability as well as assist in the budgetary process.
cc: David T. Harden, City Manager
Susan Ruby, City Attorney
9.F ::- ::r:. 8 FcrO 5-0
9.8-. =- IRFF .5-0
q.F AND q·G·
'.
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER bJvf
SUBJECT: AGENDA ITEM # 9:L - MEETING OF MAY 3, 1994
REQUEST FOR REHEARING ON SIGN CODE WAIVER/BORROW BROTHERS
DATE: APRIL 29, 1994
We have received a request from Borrow Brothers Rent-All, 320 North
Congress Avenue, asking that the Commission rehear their petition
for a sign code waiver to allow a 65 sq. ft. flat wall sign instead
of the 54 sq. ft. sign allowed by the LDRs at Section 4.6.7(E) (7).
The City Commission initially heard this request at public hearing
on February 8, 1994. The petition was denied on a 4 to 1 vote (Mr.
Randolph dissenting). A copy of the minutes of that meeting and
the staff report is provided for your review. As indicated in his
letter, Mr. Kleinman, President of Borrow Bros., believes that the
Commission was not aware of all of the facts concerning the sign
and is asking for the opportunity to present additional
information.
The action requested of the Commission at this time is only a
decision on whether or not to rehear the waiver request. If
approved, additional advertising will have to occur since waivers
to the sign code can only be considered at public hearing.
Recommend consideration of the request for rehearing on a sign code
waiver for Borrow Brothers.
ref:agmemo5
.
.
IWI-N BlN IF You CAN BORROW?"
DELRAV/BoCA (407) 278-2222 ~~"OW "(l 320 N. CONGRESS AVENUE
W. PALM BEACH (407) 364-8585 DELRAV BEACH, FLORIDA 33445
NATIONAL 1-800-741-8108
~ RENT -ALL éP
.
CONTRACTORS & HOMEOWNERS
TooLS & EQUIPMENT
4~
APRIL 13. 1 99{~ c;¡- ¡y I
,v,1h J
'~1/" ~~
"I (";c: ~
<:-',
I'
. "7;.c'."
DAVID HARDEN /'/Í".
v,.(
CITY MANAGER DELRAY BEACH '-
100 NW 1ST ST.
DELRAY BEACH. FL. 334.t~{~
DEAR MR HARDEN.
AS I AM SURE YOU ARE WELL AWARE. WE ARE IN A SITUATION NEEDING A WAIVER
OF THE CITY ORDINANCE CONCERNING THE PHISICAL SIZE OF SIGNAGE PERMITTED PER
FRONTAGE OF COMMERCIAL BUILDINGS IN DEL RAY BEACH.
AT OUR LAST ENCOUNTER AT A MEETING OF THE CITY COMMISSION. OUR REQUEST
FOR THE l-JAIVER. WITH SUB-COMMITTEE APPROVAL. WAS TURNED DOWN. I BELIEVE THAT
THE COMMISSION WAS NOT AWARE OF ALL OF THE FACTS CONCERNING THIS SIGN. I
RESPECTFULLY REQUEST A REHEARING OF THE QUESTION OF A WAIVER. I FEEL CONFIDENT
THAT THE CITY COMMISSION WILL REVERSE IT'S POSITION ONCE WE ARE ABLE TO
PRESENT ALL THE FACTS APPLICABLE TO THIS PARTICULAR CASE.
YOU~~FULLY'
d ~
SCOTT KLEINMAN. PRESIDENT
BORROl-J BROS. RENT-ALL
II..
.
.
WITH SIDEWALK CONSTRUCTION AND SEAWALL CON-
STRUCTION OR RECONSTRUCTION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 3-94 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
The City Attorney stated that the City Commission can
enact special assessments without a petition or vote by persons
being assessed. The only thing this ordinance does is to add a
few other amenities to the existing list, some of which are
included in the State Statute.
Dr. Alperin moved for the adoption of Ordinance No.
3-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon
.roll pcall the tommissionvoted as follows: Dr. Alperin - Ye~s j
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yesj
Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. . 1 '...
" .
*' 10.B. SIGN CODE WAIVER/BORROW BROTHERS: Conduct a public
hearing and consider a request for waiver of LDR Section
4.6. 7(E) (7) which provides that a flat wall sign may not exceed
fifteen percent (15%) of the building face. Applicant (Borrow
Brothers, 320 N. Congress Avenue) is seeking a waiver to allow a
65 sq. ft. sign (13/ x 5' ) instead of the 54 sq. ft. sign allowed
by code. Site Plan Review and Appearance Board (3-2 vote) recom-
mends approval, subject to conditions; staff recommends denial.
Prior to consideration of this request, a public hearing has been
scheduled to be held at this time.
Ms. Butler explained that the problem is that the sign
Borrow Brothers is requesting is larger than the Code allows for
their building size. They have a sign that was on a former
building in west Boca Raton that they would like to move to their
present business-location in Delray Beach.
. 'Scott Kleinman, owner of Borrow Brothers, stated the
Site Plan Review and Appearance Board agreed to allow the sign if
certain verbiage were removed, which he has agreed to do. This
sign has cost him a great deal of money and he feels the City is
causing a real hardship by not allowing him to use it.
The public hearing was closed.
Upon question by Mr. Ellingsworth, Ms. Butler responded
that the sign contractor indicated that the size of the sign
could be reduced, but it will cost the owner to have this done.
-13- 2/08/94
.
.
.
Dr. Alperin again expressed concern with regard to
setting a precedent.
Dr. Alperin moved denial of the request for waiver,
seconded by Mr. Lynch (passed the gavel to Vice-Mayor
Ellingsworth in order to second the motion). Upon roll call the
Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr.
Randolph - No; Mr. Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin -
Yes. Said motion passed with a 4 to 1 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearings.
l1.A. City Manager's response to prior public comments and
inquiries.
1LA.L The City Manager stated there was a suggestion at the
last meeting about some additional parks being created in the
Delray Shores area. The City has some dead end streets that run
to the canal that could be developed into some mini parks. Joe
Dragon, Assistant Director of Parks and Recreation, met with Mr.
Simmons and discussed location. Mr. Simmons was referring to bhe
vacant area behind the Winn-Dixie supermarket that was recent"ly
rezoned for apartments. This would be a great· idea· but, ..in
. addition to being rather expensive, it does not. happen ,to· be^ a.
part of the City's Comprehensive Plan. Further investigation can
be conducted regarding the possibility of some mini parks but the
large park that currently serves that area is Barwick Park.
Mayor Lynch, upon confirmation that Delray Shores has a
Neighborhood Association, suggested that they be allowed to
review this idea and submit recommendations to the City. The
Commission concurred.
11. B. From the Public.
l1.B.1. Lillian Feldman, resident, stated there are two houses
that are very unsightly at the corner of 10th Street and Swinton
Avenue. Some time ago she lodged a complaint with the Code
Enforcement Board and to date nothing has been done. The house
on the corner appears to grow plants, but there is vegetation in
front of,the- plants that is not cared for. The house next to it
has cement in front of the house that is neither swept nor washed
down. She would like someone to look into this condition.
Ms. Feldman commented that a left turn signal is needed
badly on Atlantic Avenue, west of Barwick Road, at the entrance
into the Barnett Bank Building. The City Manager advised that it
has been referred to the County and they did respond to the City,
but he does not recall the response. He will have an answer for
her at the next meeting.
Ms. Feldman questioned if the widening of Atlantic
Avenue from I-95 west is scheduled to begin on March 1st as
-14- 2/08/94
.
.
.~ .
MEMORARDUM
TO: DAVID HARDEN, CITY MANAGER [11J1
FROM: LULA. BUTLER, DIRECTDR, CDMMUNITY IMPROVEME~
RE: REQUEST FOR A SIGH WAIVER REGARDIHG THE SIZB
OF A FLAT WALL SIGH FOR BORROW BROTHBRS
DATE: JANUARY 14, 1994
ITBM BBFORE THB COMMISSIOH:
Public hearing and City Commission consideration on proposed waiver
to the City Land Development Regulations Section 4.6.7(E)(7)
governing sign size. The waiver request is submitted by the agent,
Kane Sign, pursuant to Section 2.4.7(B) of the LDR's.
BACKGROURD:
Section 4.6.7(E)(7) provides that a flat wall sign may not exceed
15% of the building face. The applicant for Borrow Brothers is
requesting a waiver to this code requirement to allow a 65 sq. ft.
sign (13' x 5') instead of the 54 sq. ft. sign allowed by the
LDR's. The flat wall sign will be illuminated with white copy on
a blue background. The telephone number will be red copy.
Staff reviewed the application and sign rendering submitted. Staff
recommended denial as they felt the sign size could conform to the
sign code if excessive verbiage were eliminated. The sign was,
~herefore, sent to the Site Plan Review and Approval Board (SPRAB)
on November 17, 1993 for consideration. The Board with a 3 to 2
vote recommended approval of the sign waiver with the condition
that the word "West" and the telephone number be deleted.
RBCOMMEHDATIOH:
Staff recommends denial. IÝ~
D:Borrow Jftd/
0 B
".
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtfJvI
SUBJECT: AGENDA ITEM # 9;) - MEETING OF MAY 3, 1994
REQUEST FOR RELEASE OF LIEN/BAKER PROPERTY AT 308 N.W.
1ST STREET
DATE: APRIL 29, 1994
This is before the Commission to consider a request to release a
demolition lien in the amount of $2,409.00 assessed against
property located at 308 N.W. 1st Street. The request is from Mrs.
Nadine Hart on behalf of the estate of Mr. Pasco Baker, who passed
away in March of this year.
The structure which existed on the property was determined to be
unsafe by the Chief Building Official on March 9, 1993. The house
was uninsured and the owner did not have the means to demolish or
replace it. The building was demolished by the City at a cost of
$2,190.00, plus a ten percent administrative fee of $219.00. This
fee was assessed by the Commission under Resolution No. 41-93 on
May 11, 1993. A title search conducted prior to demolition
revealed two IRS liens against the property in the amount of
$2,712.00 and a final judgment in the amount of $592.00.
The City Commission first considered this item on March 22, 1994,
at which time staff was directed to look into the matter further to
determine who would benefit from the proceeds, if any, of sale of
the property, and the feasibility of the City acquiring the
property for possible in-fill housing. This has been done, with
the results outlined in Ms. Butler's memorandum.
Recommend consideration of the request to release the demolition
lien in the amount of $2,409.00, plus accrued interest, against
property at 308 N.W. 1st Street.
~ 5'-0
ref:agmemo19
.
. .
. Agenda I tem No. : 9~
. AGENDA REQUEST
Date: 4/28/94
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 5/3/94
Uescription of agenda item (who, what, where, how much):
Demoltion lien for 308 NW 1st Street
Request for Release of Lien
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Commission Action
Department Head Signature: ~ ~~ I ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: b/ NO t'Jl I
Hold Until:
i
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
"
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
RE: DEMOLITION LIEN FOR 308 NW 1ST STREET/
REQUEST FOR RELEASE OF LIEN
DATE: APRIL 27, 1994
ITEM BEFORE THE COMMISSION:
Consideration of the request from Mrs. Nadine Hart on behalf of
the estate of Pasco Baker, to release a demolition lien assessed
against his property addressed as 308 NW 1st Street. The total
amount assessed is $2,409.00.
BACKGROUND:
This item was before the City Commission for the same request on
March 22, 1994. At the time, the request was made on behalf of
Mr. Baker to assist with his nursing home care expenses. Mr.
Baker passed away just three days pr10r to the City Commission
meeting. The concern then was, who would benefit if the lien was
released.
Staff has discussed this matter further with Mrs. Hart.
According to her, Mr. Baker's sister, Bertha Nelson, incurred
funeral expenses and continues to have outstanding medical bills
that need to be resolved. The C.D. Coordinator has met with Mrs.
Nelson several times and believes a severe hardship does exist.
There 1S a current sales contract for $6,000 with the Church of
God which 1S at the corner of NW 1st St and 3rd Avenue and 1S
adjacent to the vacant lot. The lot 1S substandard (50 x 50) and
would be best used by the church.
The City has expended $2,190 for the demolition of the structure
and a $219 administrative fee has been assessed. Mrs. Hart has
made a request of IRS to release additional liens 1n the amount
of $2712. She stated they are still considering the request and
it does appear promising.
RECOMMENDATION:
Staff 1S recommending City Commission consideration of the
hardship expressed by Mrs. Bertha Nelson, the deceased sister.
Mrs. Hart will be present to answer any further questions from
the Commission.
LB:DQ
DQ2 Baker2.DH
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER c71.
SUBJECT: AGENDA ITEM # c¡ L - MEETING OF MAY 3, 1994
APPOINTMENT OF AN ALTERNATE MEMBER TO THE PUBLIC EMPLOYEES
RELATIONS COMMISSION (PERC)
DATE: APRIL 26, 1994
The term of William Andrews as an alternate member on the Public
Employees Relations Commission expired on April 12, 1994. Mr. Andrews
does not wish to be considered for reappointment. Therefore, a
vacancy exists for an alternate member in the capacity of a neutral
person (a person who has neither a labor nor a management background) .
The term is for four (4) years, ending April 11, 1998. The appointee
need not be a resident of the City of Delray Beach.
Per Section 35.032(A) (a) of the City's code, the alternate member
shall be a person who on account of previous vocation, employment or
affiliation, is not or has not been classified as representative of
employers or of employees or employee organizations.
The following individuals have submitted applications for
consideration:
Harvey Brown, Sr.
David Cohen
Marta Dorfman
Herbert Freese
Murray Kalish
Leo Kierstein
Lorraine Kasper
Harold Kirschner
Rosalind Murray
Deri Joy Ronis
Milford Ross
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. None of the applicants has any
violations.
Based on the rotation schedule, the appointment will be made by
Commissioner Randolph (Seat #4).
Recommend appointment of an alternate member to the Public Employees
Relations Commission (PERC) to a term ending April 11, 1998.
ref:agmemo
.,
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\
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
"AIlE ~ L. ß~"'/IJ
. I· ~fr?~~ . .f)~k-~I'~
HOME ADDRESS (S t net. CIty. ZIp Code) C EGAL lES IDENCE) -
.L V~ .¿ 3 ~
PRINCIPAL BUSINESS ADDRESS (Street, Cit
HOME PHONE a-7fc - t/¥SJ BUSINESS PHONE ~")' - 4$6 9
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Pleas, include date.)
- 0-
EDUCATIONAL QUALIFICATIONS JJS.!JA kó-A4-1 VAl I V. tJ~ r~¿Y
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
, t.,.... L ~ . ~
GIVE YOUR PRESENT, OR KOST CENT EMPLOYER, AND POSITION ~9' L. J,,~~
...~ JAlt.. - f¡f¿~;A~6r 19~():n 14sLNr
DESCRIBE EXPEIIEIICU. SKILLS OJ. IQIOWLEDGE WHICH QUALIFY YOU ~EJ.VI ON THIS
ï=..?~r IJ~ D,~ At:Jj. ~,,~ IYI.. IN I&~ Jik
~1:~~.J ~/Ab:~
j'~ I - -- _ - -_ _ . -Á/$;' ~ - hll.l:J..'Ir)'UoJ
PLEASE ATTACH A BRIEr RESUHI.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS A1lI TRUE. AND I AGREE AND
UNDERSTAND THAT ANY KIS~TATEHENT or MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY AUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
I
¥é~~
.
,. ... .. . -. .- R!~gtl~
.
HA~~~. BROWN, PRESIDENT, HARVEY ~ BROWN AGENCY, INC.
A9~t}'PQIt, .. . .9-3-30
ag~" 104 Seabreeze Avenue. Delray Beach. Fla. 33483 276-4453-
Boi·;'l.Illinois. Resident ot Delray Beach, Fl a. since 1947
G~~~d from Delroy Beach High School 1947.
Grá4 }~ trom University ot Florida 1951, Bachelor ot Science in
. .':::,' . ,,'f. Business Administration/Marketing/Insurance
Ser~e'. Captain USAF, 5 years. Fighter pilot. 63 Combat Mi..ion. Korea
..... ."....tf:. ' with Distinguished Flying Cross and Air Medal with 3 Oak' Leats
:»~'. Separated trom service with Honorable Discharge 1955.
En;.i~.1D.urance business in Delray Beach in 1955 as agency general lines
agenj;,{(·:fþbtainedÞ Florida 2-20 license with additional licensing tor Lite,
Heal'th,;:'.nd Associated Products.
Grä4µâ~'':''··Aetna Casualty & Surety Co. agents course. ..
Cert!~1cates trom Florida Association of Insurance Agents for various ongoing
in,urance courses.
P,r·'.. t.dtwice) ot South Palm Beach Insurance Agents AssociatioD.
,P..z:~' . '¡;""~:ot· Plorida Association ot Insurance Agents for 1983. ~
.'~'~'''' ·.,,~er and president since 1960 in De'_ray Beach.
.~ y.:~>.xperience in all lines ot insurance. .
.IX.~M V.~· experience specializing in Aircr3ft and Aviation In.urance ,
'Ir. ··':tfí.cratt insurance agrnt aFfointed by American Mercury In.. Cft,in .1961 .
.H.~ . ~r.dall types ot a rcra ncluding Ford Tri Motor, Ho.ebu tt.up to
4!,"-.ñ¡ -ne\jet.. Most recently arranged full coverag'e tor 1944 A26C bo.ber. 6/8<:"
.M·art;·to·GaYl Laymon since June 1955.
T~Z;i' ',þj;ldren, girls a~e8 34 and 33 . one son Harvey, Jr. age 32
A~':~";,,,ìf,~;,,children graduates of Uni v. o.f Flor ida, all gaiRtullY elDp'"0Jed and
.aJ" :\1é:J:.~·:'
~qS~Ol or drug use or problems.
.Me~ .~~;,:.t1nity Church ot Delray Beach for 37 years. 6 years ~. .ember ot
:'·.!_9~'~;board ot directors and 2 terms as board president.
. Li~~_~.~·a. Commercial Pi'lo,t, Instrument rated with Multi Engine Land, Multi
.,.."Iþ.SJ1~~· Sea and Singl.. Engine Land ra t i ngs. 5000 hours total tlying hours.
O~~~~aq~Dqy ha. owned and operated its own aircratt, based at Lantana Airport
.' '1W~"1964.. ,
A~il~~~~er of Florida Aero Club, Experimental Aircraft Assn.(Lite Kember)
'. '~JO#~..~.,.~lrd.en and other aviation oriented groups such as AOPA. -
Acl~i~'(o.n.'l· aircratt experience with type rating tlying Grumman Albatros.
'.~Ai" a..cu. aircraft.' 5 years in Air Force Re.erve !lyinll SA-16.
,~.:. '. · . <Beech D-18 aircratt at Palm Beach International Airpo¡ot.
;~ ~~ariou. aviation history organizations since 1956 and regu~.r guest
,.,~':;~~'~g~e.J; .on aviation history at service clubs, educational group., etc.
j!.~~ topics covered inc~ude Aircraft Insurance, The Red Sa·roD, The
.};~! 'to :~~}"arhart mY8terY,~:G.neral Aviation and Its Impact on Local B~ono~ies,
- . .Ø'i"!" < . ..
. ;~.~~ '·..':.:Risk Manager and Insurance Supervi sor tor' the Ci ty ot Delray Beach.
. ;".~:.!".. ' .,1;. Rotary Club ot Delray Beach wi th 29 years pertect attendance.
.. 'C; ~. ""ident for 1993-19.94. .-
'fe.~b,~"'\i¡1,~,!";~elray Beach Library Board for 9 years- President 1 term.
,......'1' 0""""'.....
.' '.~~_.'..'~,ð '. ,.~~..'
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y.·.!~i;~t!~~',~ .':
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl"'"l
SUBJECT: AGENDA ITEM # '1M - MEETING OF MAY 3, 1994
CHANGE ORDER NO. 8/CHAZ EQUIPMENT CO., INC.
DATE: APRIL 29, 1994
This item is before the Commission to consider Change Order No. 8
in the amount of $128,068.30 and a time extension of thirty (30)
days to the contract with Chaz Equipment Co., Inc. for the Roadway
Reconstruction plan (Projects East of the Intracoastal). It is for
storm drainage revisions and asphalt overlay of Gleason Street,
from Miramar to Casuarina.
The work on Gleason Street from Miramar to Atlantic Avenue was
scheduled for this time, but the residents in that area have asked
that work not start until on or about June 1, 1994. By allowing
Chaz to start the scope of work proposed in this change order,
potential remobilization charges can be eliminated.
Recommend approval of Change Order No. 8 in the amount of
$128,068.30 and extension of the contract completion date by thirty
(30) days with Chaz Equipment Co. , Inc. ; with funding from Decade
of Excellence Phase II - Street Reconstruction (Account No. 228-
3162-541-61.19) .
ref:agmem021
.
.
Agenda Item No.:
AGENDA REQUEST
Date: April 27, 1994
Request to be placed on:
__X__ Regular Agenda
____ Special Agenda
____ Workshop Agenda When: May 3, 1994
Description of item (who, what, where, how much): Staff requests City
Commission to approve add Change Order #8 to Chaz Equipment Co., Inc. for the
Roadway Reconstruction Plan (Projects East of the Intracoastal (92-02) in the
amount of $128,068.30. Change Order #8 is for storm drainage revisions and
asphalt overlay of Gleason St from Miramar to Casuarina. Miramar to Atlantic
Avenue is already in the Contract scope. Schedule "A" attached to Change Order
#8 reflects the items to be constructed and the respective unit prices. Also
included in the Change Order is an increase in the Contract Time of thirty (30)
calendar days.
Funding Source is Decade of Excellence (Road Reconstruction) 228-3162-541-61.19
for $128,068.30.
ORDINANCE/RESOLUTION REQUIRED: YES/~RAFT ATTACHED YE~
Recommendation:staff Recommends approval of Change Order #8
D~partment Head 4t)~~ CJ-I..;~J Ø-r/rl ~
s~gnature: ~
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: YE ¥NO
Funding alternative (if applicable)
Account No. & DescriptionZ,zg-3102.-E4I. (gr.....¡q ~ rf- 5r~1 f2.£a>tJ5'r£Uc.TøJ
Account Balance,.JSJ ,1U. U
.
City Manager Review: ~NO Ift-/'!
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9202.doc
.
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWOOD ødØ
DIRECTOR OF ESD
DATE: April 29, 1994
SUBJECT: ROADWAY RECONSTRUCTION PLAN (EAST OF INTRACOASTAL)
(GLEASON STREET PAVING , DRAINAGE IMPROVEMENTS)
PROJECT No. 92-02
-------------------------------------------------------------------
Attached is an Agenda Request for the Regular Commission meeting on
May 3, 1994, requesting change order #8 for the referenced project
to Chaz Equipment Co., Inc. The change order amount is
$128,068.30. The budgeted amount for this work based on a
preliminary cost estimate was $150,000.00.
This change order is for construction of storm drainage and asphalt
overlay on Gleason .street from Miramar street to Casuarina Road.
Improvements are to be constructed per plans titled "Gleason
Street", sheets 1-4 Dated April '94 and in accordance with the
items and unit prices per attached schedule "A".
This Change Order is being presented at this time for the following
reasons:
(1) This is the only remaining underground utility work
remaining on this Project. The work from Miramar to Atlantic Ave
was scheduled for this time but the residents in that area have
requested that work not start until on or about June 1, 1994. By
allowing Chaz to start the scope of work proposed in this Change
Order, potential remobilization charges can be eliminated.
(2) The work is being constructed in conjunction with the new
storm pumping stations currently being designed by Hazen & Sawyer
for the beach area.
(3) This will complete the roadway requirements in this area
as specified in the Decade of Excellence Bond.
The funding source for change order #8 is Decade of Excellence
account no. 228-3162-541-61.19 for $128,068.30.
Please place this item on the agenda for commission approval.
WHG:kb
Attachments
File: Project No. 92-02 (D)
Memos to city Manager
AR9202.C08
.
. ~
CONTRACTOR PAY REIlEST
PROJÇCT NAÞE: CITY OF DElRAY BEACH
CONTRACTOR NAME: CHAl EQUIPfENT C1JIIANV, INC. ROADWAY RECOOTRUCTI ON PLAN
ADDRESS: 1855 DR. ANDRE'S WAY (PROJECTS EAST OF lNTRACOA&iA.. WATE~Y)
DElRAY BEACH, FLORIDA 33~~5 PROJECT NO. 92-02
CHAl EQUIPMENT JOB NO. 93-050
,
SCl£DlLE A.
CHANGE ORDER MJ. 8 FUTURE
FrUh TO:
ESTIMA TE NO: PAGE 1 OF 1
-'- -- -- - - -
ITEM ITEM UNIT PlAN
MJ DESCRIPTION UNIT PRICE QUANTITY TOTAL
= = - -- - ------- - - - - - ---
A. Gt..EASOO STREET - DRAINAGE MODIFlCATIIJE AND
OVERLAY MIIWIAR DR TO CASUARlNE RD
~ 1. MAINTENAtΠOF TRAFFIC lS 5,500.00 1 5,500.00
~. TYPE S- I I I LEVElING AND OVERLAY TN 39.00 500 19,500.00
15. SOD SY 2.&0 250 &50.00
16. STOP BAR EA 33.35 12 400.20
/17. ~"DOUBlE YElLOW LINE LF 1.30 3&0 ~&8.00
21.' TYPE "C" ltUT EA ï,~10.00 1O 1~, 100.00
29. 18" RCP LF 30.00 120 3,&00.00
37. ADJUST VA..UE BOX TO GRADE EA 3&&.30 7 2,5&4.10
/38. ADJUST MAtKlE TO GRADE EA &73.00 12 8,O7&.00
40. OPEN CUT PAVÐENT LF 18.50 &25 11,5&2. :50
~2. ClEAN/flUSH EXISTING DRÀlNAGE LF 5.00 200 , 1,009.00
~3. REMOVA.. OF EXISTING DRAINAGE STRUCTURES lS 3,592.00 1 . 3, 592. 00
, AND PIPE 0.00
(&1. . TESTING IUIJRΠ. lS 2,508.00 1 2,500.00
&2. VIDEO 1U(IIAtΠlS 1,000.00 1 . 1,000.00
87. 2" JlJllER ClH£CTION EA ðf,r:fJ)dØ 1 1.00
- TAP 16" WM FOR SERVICE EA 1,_.00 2 2,000.00
- UTILITY AlLOWANCE LS 25, 000. 00 1 25,000. 00
/- MODIFIFY EXISTING BOX REVISE RING ,& COVER, EA 2,000.00 1 2,000.00
CUT OUT EXTRA PIPE IN INTERIOR NW CORtER OF BOX
/ - ClJfÆCT TO EXISTING DRAINAGE PIPE OR STROCTUREEA 995.00 1" 9,950.00
/- 12" DIP FOR DRAINAGE LF 28.50 3~0 9,690.00
I - 20" DIP FOR DRAINAGE IF 50.50 40 2,82O.00
- CAP & PlLS EXISTING 2" WATER MAIN EA, ,1,000.00 2 2,000.00
MJTE: --
--
THERE WILL BE A 2.00 DEDUCT ON TI£ 12" WATER MAIN IF C-900 PVC IS USED TOTA..: $127, 173. 30
IN LIEU (f DIP.
"DlE TO THE CONDITION AND TYPE OF MATERIA.. OF TI£ EXISTING 1"· WATER MAIN TI£
CITY WILL NOT HOLD CHAl EQUIPMENT CO," INC. RESP(Jf.;IBlE FOR DAMAGES ItllLE
PERFORMING WORK USING tllRIIIL CfMSTROCTION PRACTICES."
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJv }
SUBJECT: AGENDA ITEM it q j{ - MEETING OF MAY 3. 1994
PURCHASE AWARD - CARS AND TRUCKS
DATE: APRIL 29, 1994
This is before the Commission to approve the purchase of Cars and
Trucks under State Contract as follows:
1. Don Reid Ford, (Ford F 250 Truck, $14,851.00)
2 . Gator Ford Trucks, (Ford F700G Truck, $22,210.00)
3. Fred Davis Buick (3 Buick Century Police Cars,
$36,936.00).
City Manager recommends the purchase award of the two (2 ) trucks,
however, I have asked the Garage to look into other options on
the Police Vehicles and will have a recommendation at the
meeting.
Funding is available from Garage - Vehicle Replacement -
Automotive (Account No. 501-3312-591-64.20)
.
Agenda Item No.:
AGENDA REQUEST
Date: April 26, 1994
Request to be placed on:
xx Regular Agenda Special Agenda Workshop Agenda
When: May 3, 1994
Description of agenda item (who, what, where, how much): Purchase Award -
Cars and Trucks for various departments and divisions.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards per attached memo. via Florida State
Contract.
d /j{~ --;?~ß ¿~~ .,a ~ t/
Department Head Signature: 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) :
Funding available: ~ NO
Funding alternatives, . _ (~licaJìj¡e)
, Account No. & Descri~io,n: !1[!l-~/'L-1511.t1--()fJ r¿-V leu; R£ft....
Account Balance: '1,.. Q?3. AiJ,;rt>MDnvE.
/
City Manager Review:
@
Approved for agenda: YR" NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
II.'
.
, .
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
FROM: Ted Glas, Purchasing Officer :7~
DATE: April 26, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
May 3, 1994 - PURCHASE AWARD
CARS AND TRUCKS
Action
The City Commission is requested to make multiple awards to firms as
listed below for cars and trucks, at a total cost of $73,997.
Background
Funds were placed in the FY 93-94 budget for vehicles for various
departments and divisions under the direction of the Fleet Maintenance
Division of the Public Works Department.
Cars and trucks are available via Florida State Contracts as listed on
attached work sheets.
The Fleet Maintenance Supt. and the Deputy Director of Public Works
have reviewed the contracts and recommend awards as stated below.
Recommendation:
Staff recommends multiple awards via Florida State Contracts to
dealers, as follows:
Vehicle Dealer Quantity Total Cost
Buick Century Fred Davis Buick 3 $ 36,936.
Ford F250 Don Reid Ford 1 14,851.
Ford F700G Gator Ford Trucks 1 22,210.
$ 73,997.
Attachments:
Memo from Public Works
Contract Work Sheets
pc: Richard Corwin
Richard Sandell
" .
·
Memorandum
To: Ted Glas
Purchasing o~
From: Richard V. San
Fleet/Facility aintenance Superintendent
Thru: Richard Corwin ~
Deputy Director Publ rks
Date: April 27, 1994
Subject: PURCHASE OF INVESTIGATIVE VEHICLES
Please initiate proceedings to purchase for the City three (3) 1994 Buick Century
automobiles under the State Contract # 070-200-310 at $12,312.00 each. The cutoff date
for ordering from Fred Davis Buick, on this vehicle, is May 5, 1994.
Vendor: Fred Davis Buick, Pontiac, GMC Truck, Inc.
PO Box 1048
Green Cove Springs, FL 32043
Contact: Dan Devries
Phone: (904) 284-3055
These vehicles will replace three (3) 1986 vehicles to be disposed of at auction. We have
discussed this replacement with Capt. Edward Morley, Delray Beach Police Department
and are in compliance with his needs in this request.
Funds for this purchase are available in account # 50133125916420
CC: Richard Corwin Deputy Director Public Works
Robert Barcinski Assistant City Manager
Capt. Ed Morley Delray Beach Police Department
TG94PD02.ocx.:
,,'
·
Detailed Replacement List
Dept. Vehicle # Vehicle MakeIModel Purchase Replacement Est Current Maint. Cost
Year Year Life Mileage Last 12
- (yrs ) Mos.
Utlity Maint/5 \44 452 GMC 3500 SERIES \982 \992 \0 8 \ , \ 97 2,663
Code Enfint/274 \ 630 FORD/F-250 ANIMAL 1983 1993 10 80,204 1,928
CARRIER
Fleet/Pool/33 1 1 1608 PLYMOUTH/GRAN FURY 1986 1993 7 55,413 1,500
PD/lnv.l2115 1611 PL YMOUTWGRAN FURY 1986 1993 7 55,000 1,257
PD/lnv.l2115 1612 PLYMOUTWGRAN FURY 1986 1993 7 46,000 1,735
The Fleet Superintendent and the above referenced departments are recommending that
these vehicles be replaced.
Unit #452 will be replaced with increased capacity to service lift station and well
equipment. This request is for the cab/chassis only. We are soliciting proposals for the
crane/utility body to complete this unit. Anticipated cost for the cranelbody will be from
$30,000 to $35,000 The cab/chassis will be drop shipped to the winning bidder for
completion of the unit.
The "animal carrier" box currently on unit #630 will be refurbished and installed on the
new cab/chassis locally.
Unit #1004 will replace #1608 as a pool vehicle and #1608 will go to auction, replaced by
a Buick Century for Police Investigation. Unit #s 1611 & 1612 will also be replaced by
Buick Centuries.
The overall condition of all these vehicles is below the perfonnance and appearance
standards currently maintained by the City Garage and beyond economical recovery. The
safety features, technological and environmental advancements provided with the new
equipment justify replacement at this time. All these vehicles have been extended beyond
their original life expectancy according to goals and standards adopted by the City
Garage.
TG94PD03.DOC
'"
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REQULAR MEETING - MAY 3. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
9.
O. RATIFICATION OF COLLECTION BARGAINING AGREEMENT WITH POLICE
BENEVOLENT ASSOCIATION: Consider ratification of a
Collective Bargaining Agreement with the Police Benevolent
Association (PBA) Police Officers/Sergeants for the three
year period October 1, 1993 through September 30, 1996.
(þpc&vd 5--0
.
.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Edward J. Gusty, Interim Human Resources Director ~~).).
SUBJECT: ADDENDUM TO 4/28/94
REQUEST FOR APPROVAL OF EMPLOYEE LABOR AGREEMENTS
DATE: May 3, 1994
An additional labor agreement has been reached and ratified with the
Florida Police Benevolent Association affecting Police Officers and
Sergeants, and is being offered for your review and approval.
The agreement is for a three (3) year period commencing 10/1/93 and
terminating 9/30/96. Major changes provide for a 0 - 5% Performance
Evaluation Increase for eligible employees on their review date in
each year of the agreement. Additionally, although the range for
fiscal year 93/94 is frozen at the current range, a 3% salary range
adjustment is proposed in the last two years of the agreement.
Other major changes include the reduction in the employee cost of
dependent coverage of approximately ten dollars ($10.00) per month for
those electing dependent coverage, as well as, the development of a
supervisory review process for allegations of improper behavior.
The proposed three year agreement provides a period of employee
relations stability, as well as, assists in the budgetary process.
cc: City Manager
City Attorney
Police Chief
.
·
iJELR \\ RE \(. H
be:d
;rfj'p
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 3. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
.
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
9.
P. GRANT AN EMERGENCY RELEASE WAIVER/EASTERN SURFING
ASSOCIATION: Grant an emergency release waiver to Eastern
Surfing Association to allow a regional qualifying surfing
contest on the municipal beach.
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~/ITY MANAGER
SUBJECT: AGENDA ITEM # '7P - MEETING OF MAY 3 , 1994
RELEASE WAIVER/EASTERN SURFING ASSOCIATION
DATE: APRIL 29, 1994
This is before the Commission to grant an emergency release waiver to
allow the Eastern Surfing Association to conduct a regional
qualifying surfing contest on the municipal beach.
The Association has requested permission to conduct the contest
Saturday, May 7 , 1994, from 8 a.m. to 2 p. m. , pending surf condi-
tions. Saturday, May 14 has been established as a back-up date.
The required insurance naming the City as additional insured will be
provided, and each of approximately 30 contestants will also be
required to sign a release waiver form.
WCW;6l aw-~ 5-0
LÙ/(A~~
.
·
- .'
MEMORANDUM
TO: David T. Harde~ City Manager
FROM: Joe Weldo~ Director
DATE: May 3, 1994
SUBJECT: Surfing Contest
The Eastern Surfing Association thru Mr. Tom Warnke, District Director, and Mr. Greg
Dooley has requested pennission to conduct a regional qualifying surfing contest on the
municipal beach. The contest would be held on Saturday, May 7, 1994, ftom SAM to
2PM, pending appropriate surf conditions. The following Saturday, May 14, has been
established as a back-up date.
Mr. Warnke indicated that the Assiciation would provide the required insurance coverage
naming the City ofDelray Beach as additional-insured and that each contestant would also
be required to sign a release waiver form. Thirty contestants are expected to compete.
Our beach patrol staff has indicated the contest would not additionally impact their
workload as they typically setup a surfing area when surfing conditions exist. All
personnel required to judge and supervise the contest will be provided by the Association.
There does not appear a need to provide additional security.
.,
.
j
( adull)
PARTICIPANT MUST BE YEARS OF AGE
Participant Name: Age
Address:
City/State: Zip
Emergency Contact:
Name/Relation Phone#
Parent/Guardian
Name:
WAIVER
IN CONSIDERATION GRANTED BY THE CITY OF LAKJ;~_ WORTH
RECREA nON Department. I the undersigned, wish to participate in the EASTERN
SURFING ASSOCL'\TION :v"fEET at Lake Worth Beach, and VOiUl,¡ia¡;¡J àS$:i,me aU
risks related to tbe abLIVe program including negligent acts, personal injury or property
damage.
I also understand that tbe City of Lake Worth retains the right to dismiss or bar me
from the event for any reason.
I have read and understand all of these terms, and execute this WAIVER voluntarily
with fuIl knowledge of its significance.
Signature of Participant:
Date Signed: Witness:
OOalwaiver.lia
risk mgml
.
, . ,
.
.
9
Eas-eern Sur'~nll Assoclla~lIon
PALM BEACH COUNTY DISTRICT NEWSLETTER
VOLUME 16, NUMBER 4 3-17-94
* 24 HR. INFO-LINE: 734-1180 *
THE STOKE IS STILL GOING STRONG! WE'VE BEEN AVERAGING 80 CONTEST-
ANTS PER CONTEST AND OUR MEMBERSHIPS HAVE DOUBLED TO NEARLY 150
CURRENT MEMBERS. THE WAY WE'RE GOING WE'RE HOPING TO SEE THAT GO
OVER 200! WITH A LARGE MEMBERSHIP POPULATION, THIS WILL NOT ONLY
GIVE US MORE SLOTS TO THE REGIONALS, ftDT I~ ALSO ALLOWS US TO
COMPETE WITH THE LARGER DISTRICTS IN FILLING THOSE ALTERNATE I
OPEN SLOTS OF THE REGIONALS AND EAST COAST CHAMPIONSHIPS WITH
PALM BEACH COUNTY DISTRICT MEMBERS. ALL MEMBERSHIPS COLLECTED BE-
FORE 3-30-94 WILL COUNT IN DETERMINING OUR FINAL SIZE FOR THE
YEAR AND HOW MANY SLOTS WE WILL RECIEVE. SO YOU SEE HOW IMPORTANT
IT IS IN MAKING SURE YOUR MEMBERSHIP IS CURRENT. ANY QUES-
TIONS CONCERNING YOUR MEMBERSHIP PLEASE CALL THE INFO LINE AND
LEAVE YOUR NAME AND PHONE# AND WE'LL GET BACK WITH YOU PROMPTLY.
* COMPETITION NEWS *
CONTEST #4 WAS A GREAT SUCCESS THANKS TO WAVES AND ALL WHO HELPED
(CHEERFÜLLY). A SPECIAL THANKS TO BOB AND MEG: THE OWNERS OF
I.W.S. IN LAKEWORTH. BECAUSE OF THIER GENEROUS SUPPORT THERE ARE
ALOT OF PEOPLE SPORTING NEW HATS, SHOES, SANDALS ETC... LIKE LYN
MEYERS(3A MEN) WITH HIS NEW ARNET SHADES WON FOR HAVING THE WAVE
OF THE DAY(he's stoked). THATS JUST ANOTHER EXAMPLE OF ONE OF OUR
LOCAL SUPER SHOPS GIVING BACK(hoot,hoot). ALONG WITH THE FINAN-
CIAL SUPPORT OF THE LAKE WORTH POLICE DEPARTMENT, OFFICERS STU
AND SANDY DID A GREAT JOB IN MAKING SURE WE DID'NT END UP WITH
THE NATIONAL DEBT IN PARKING TICKETS, AND THIER DOWN RIGHT FRIEND-
LY PUBLIC RELATIONS ON THE BEACH WAS/IS GREATLY APPRECIATED!!!!!
*4-2-94*
CONTEST #5 TO BE HELD IN JUPITER (location t.b.a.) SPONSORED BY
OCEAN MAGIC SURF SHOP IS WAITING ANXIOUSLY IN THE WINGS. WE'VE
ALREADY BEEN PROMISEDPRIZES,TO BE GIVEN AWAY, FROM REEF, BOLLE,
AND RUSTY WITH MORE TO COME WE'RE SURE. TROPHIES FOR 1-6 PLACE
WINNERS WILL BE AWARDED ALONG WITH T's. MARCH IS OUR WINDY MONTH
AND WE'RE STILL IN THE RUNNING FOR A NORTH SWELL, SO PRAY FOR
SURF AND DO YOUR SHARE OF RANDOM ACTS OF KINDNESS. ENTRY DEAD-
LINE IS 3-31-94 6:00 P.M. THERE WILL BE NO BEACH ENTRIES!!!!!!!!
FOR FURTHER INFO CALL THE INFO LINE 734-1180 OR OCEAN MAGIC AT
744-8925.
* SPECIAL THANKS*
LARRY BERTLEMAN, WHAT CAN WE SAY... THANKS JUST DOES'NT SEEM TO
CUT IT. YOU'VE BEEN THERE, FROM BUILDING THE HEATS TO SHOWING UP
EARLY ON THE BEACH THE LAST THREE CONTESTS, SITTING ALL DAY IN
THE HEAT, AND RAIN, AND WIND, SUPPLYING US WITH YOUR WEALTH OF
SURFING KNOWLEGE AND JUDGING EXPERIENCE, LET ALONE BEING AN ALL
AROUND GREAT GUY, JUST GOES TO SHOW "ANYTHING IS POSSIBLE". ALOHA!
.
r.,..þJII, ... ... - ... .... ,.. ...... .. ...... .... ... ... ... ~ ... - - - - - - - - - ~ _ ~. __ ,.. _ _ ~ ~..". -
I NO BEACH ENTBI~S I E t S f· A·· ·
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I CONTEST #5 ENTRY DEADLINE THUR. 3-31,6 P.M. ·
: PhLf'1 BEACH COUNTY DISTRICT - CONTEST ENTRY fORM :
I $15.00 entry*$25.00 late/alternate* $5,.O,Öi;lddt .
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I ^ddress: .
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'þJII,--~----~~~~-----~~---------~------~-~
OFFICIALS ON THE BEACH:
DISTRICT DIRECTORS****TOM WARNKE & DOROTHY BALBIER
CONTEST DIRECTCIU'it'~:It**BILL BARTLEMAN
HEAD JUDGE************GREG DOOLEY
JUDGES***********JEFF SURGENER
***********LARRY BERTLEMAN
BEACH COORDINATORS****RALPH SAMIS
****SCOTT ANTOINE
****JIM TOLIVER
TABULATORS************KATY BLACK
************~AREN MAYHEW
************CHERI KARPE
~ ~ FLAGS & TIMER*********DAVID BLACK
r9ø9976SURf *********MARRIO MAZZA
HELPERS***************KELLIE BALBIER
***************JESSICA HARTNETT
***************ALEX CALIENDO
STANDINGS*************SUE FRENCH
-.-.-----.---- ~
MEMBERSHIP HAS ITS PRIVILEGES
THE LIST BELOW IS A LIST OF WHO WE CALL OUR SUPER SHOPS,
THESE GREGARIOUS SHOP OWNERS HAVE AGREED TO GIVE A 15%
DISCOUNT, WHICH IS 5% OVER THE STANDARD 10% TO ANY CURRENT
PALM BEACH COUNTY DISTRICT E.S.A. CARD HOLDER(except boards
and sale items). SO REMEMBER TO SHOW YOUR CARD AND SUPPORT
THESE SUPER SHOPS:
NATURAL ART --- DELRAY BEACH
NOMAD --------- BRINY BREEZES
NATURAL ART---- LANTANA
I.W.S.--------- LAKEWORTH
P.S. WHEN YOU RECIEVE YOUR CARD IT~ A GOOD IDEA TO LAMINATE ~O\
IT SO IT WILL HOLD UP BETTER OVER THE COURSE OF A BUSY
SHOPPING YEAR. "
P.S.S. ANY OTHER SHOPS OR BUSINESSES THAT WOULD LIKE TO GET
INVOLVED ARE CORDIALLY INVITED. GIVE US A CALL!
NEW STUFF: Contest 1/4
--- . Sponsored By: I.W.S. Lake Worth
WE' '1"' GOT ALOT OF STUFF COOKING BUT WE Conditions: Head High Wind Chop
NE2D I:'PUT FROM YOU, OUR MEMBERS... A
DISTRICT IS ONLY AS GOOD AS ITS MEMBERS.
(1) NEWSLETTER: WE FEEL THIS NEWSLETTER MENE 3A JR MEN (Con.) Sr. MEN
COULD BE MUCH MORE INTERESTING. WE'VE -
SPOKEN TO ATLANTIC HIGH'S GRAPHIC ARTS 1) ERIC STRAND 4) BILLY BOTTINO 1) JAMES HELM
TEACHER AND THEY".REWILLING TO HELP, SO 2) CHEYNE BALBIER 5) RUSSELL MATTHEWS 2) JOAL JONES
WHAT WE NEED FROM YOU ARE PHOTOS WITH 3) BARRY CHAN 6) JOSH DURANCE 3) DANNY LINGAFELTER
NAME/S,PLACE, AND DATE. LETTERS OROPIN- 4) CAM BROOKS
IONS, DRAWINGS, ANYTHING YOUR LITTLE 5) JOHN SHIPLEY 1A MEN Gr. MASTERS
CREATIVE HEART DESIRES. YOU CAN SUB- 6) WILL COOK 1) JEFF POTTZ 1) TOM WARNKE
MIT THESE BY MAIL OR GET THEM TO US ON I) JASON CHAN](A.V. to 3A)2) ED RICH
THE BEACH. BOYS 3) JIM GUCKERT
(2) LOGO: WE THINK ITS TIME WE HAVE OUR 1) SHAWN BALBIER 3A MEN
OWN PALM BEACH COUNTY DISTRICT LOGO TO BE 2) TYLER HOOVER BODY BOARD
USED ON T'S, OUR LETTERHEAD AND NEWS- 3) DARRELL BARNETT 1) TOM CARNAHAN
LETTERS, TAKE A LOOK AT WHAT WE ARE US- 4) PAUL LEGRIS 2) KYLE COHN 1) JASON LAMBERT
ING NOW, GO AHEAD TURN TO THE FIRST PAGE 5) JONATHAN WOLF 3) JASON APPARECIO 2) BEN ASHBY
AND LOOK; WEAK,HUH? SO GET YOUR CREATIVE 6) MARIO MAZZA 4) STEPHEN BOLENDER 3) DUSTIN DAVIS
JUCIES FLOWING AND SUBMIT TO US YOUR IDEAS. 5) L YN MEYERS 4) CHRIS FINST
YOU NEVER KNOW; THERE JUST MAY BE A PRIZE 1A JR MEN 6) PAT DEANE 5) SCOTT ANTOINE
IN IT FOR THE BEST ONE. 6) LIZ VERGARA
(3) END OF THE SEASON BLOW-OUT PICNIC BY 1) MIKE DOYLE (ADVANCES) MASTERS
THE BEACH: HELD MID TO LATE MAY IN JUPITER 2) FRANK GALLUCCI (to 3A) 1) JEFF SURGENER LONG BOARD
(location t.b.a.) DIVISIONAL TROPHIES WILL 3) ARRON PROWLEY 2) CHRIS BIE 1) SHAWN BALBIER
BE AWARDED ALONG WITH THE ANNOUNCEMENT OF 4) JOHANNES CSONKA 3) JIM TOLIVER 2) RUSSELL MATTHEWS
OUR REGIONAL TEAM (names will also be taken 5) PAT McCARROLL 4) MIKE BLOOM 3) DANNY LINGAFELTER
for alternate slots). LOTS OF EATS,DRINKS, 6) LYNDON CHAN 5) NICK SWAIN 4) CHEYNE BALBIER
A LIVE BAND FOR YOUR LISTENING AND MOSHING 6) JOHN KOSTER
PLEASURE, GAMES,AND PRIZES(Ozzie and Harriet 3A JR MEN
eat your heart out). MORE INFO TO COME.... 1) TOBY HARTNETT
(4) INFO BOARD AT THE CONTESTS: 2) JONATHAN GOSMAN
MEMBERS, THIS IS YOUR BOARD. ON IT YOU WILL 3) MASI SARI dÞ
FIND POINTS AND STANDINGS, ANY INFO FROM
CENTRAL HEADQUARTERS ETC... ALSO, IF YOU
HAVE A BUSSINESS CARD OR YOU WANT TO SELL
SOMETHING, BUY SOMETHING , WHATEVER.
BRING IT TO THE BEACH AND WE'LL GET YOU
UP THERE.
POINTS & STANDINGS (AFTER 4 CONTESTS)
MENEHUNES 3A JR.MEN 3A MEN
SENIOR MEN
1) CHEYNE BALBIER**3900 ')TOBY HARTNETT----2990.98 l)KYLE COHN-------2800
2) ERIC STRAND*****3700 2)JON GOSMAN-------2710 2)LYN MEYERS------2507.04 JAMES HELM 2900
3) WILL COOK*******2210 3)JAMES HELM-------2700 3)RONNIE GIESING--1900 JON JONES 2800
4) JOHN SHIPLEY****1385.10 4)EMMIT NOTHNAGLE--2167.07 4)SCOTT PRITCHET--1810 PHILLIP HARTNETT 810
5) CAM BROOKS******1260.45 5) RUSSELL MATTHEWS-1816.09 5)JASON GRIFFIS---1557.67 BILL BOLENDER 810
6) ALAN BOYD*******810 6)MASI SARI--------1810 6)MARC MILLIDN----1556.10 DANNY LINGAFELTER 810
6) BARRY CHAN******810 7)BILLY BOTINO-----1726.33 7)TOM CARNAHAN----1504.88 SCOTT TIERNAN 780
8) JIM GLASS*******729 8)JOSH DURRANCE----1327.92 8)BRIAN LOCKLAR---1338.22
8) ADAM MURRAY*****729 9)JACOB WHITE------1160.98 9)CHRIS POTTZ-----1209.48 GRAND MASTERS
10) DAVID PIERCE***656.10 10)SANDER BANTA----l0ll.53 10)PAT DEANE------1180.98
11) RYAN HEAVYSIDE*623.30 11) MIKE LEE-------1000 11)CHARLIE BROWN--1009.76 ED RICH 1900
11) ADAM HASTINGS**623.30 12)SHAUN BREZANIN--861.56 12)STEPHEN BAKKER-810 TOM WARNKE 1900
13)CHRIS ESQUILIN--748.41 12)DONNIE McCRAE--810 JIM GUCKERT 1810
BOYS 14)GEORGE DISBURY--729 12)JASON APPARECIO-810
14)ADRIAN VanVOAST-729 15)STEVE BOLENDER--729 LEGENDS
1) SHAWN BALBIER----4000 16)BRANDON GARRETT-590.49 15)CLAUDIO PALLAVICINO-729
2) PAUL LEGRIS-----3339 17)BRIAN WOEBER----531.45 15)8ILL IIARTLEMAN--729 CHUM MC CRANELS 2000
3) DAVID DODDS----2775.06 18)JEFF KENNEDY----480.08 18 SIMON DALE 721.16
4) MARIO MAZZA----2048.49 19 ROBERT FOGLEMAN-478.31 19 RICK TOMASELLI 656.10 BODY BOARD
5) JONATHAN WOLF--1817.08 20)JEFF McCARTHY---228.79 20 ARTHUR MICHELTREE 610.92
6)TYLER HOOVER----1703.10 21 TOM PENNA 478.31 JASON LAMBERT 3000
7) MATT TERUSA----1474.02 1A MEN 22 MARC WATKINS 430.78 BEN ASHBY 2529
8) BILLY TIERNAN--1394.81 ADV.TRAVIS ALLEN 23 TRAVIS ALLEN 408.96 DUSTIN DAVIS 2520
9) WALKER JONES---810 ADV.JEFF POTTZ 24 BRANDON DEPICCIOTTO 370.12 SCOTT ANTOINE 2385.10
9) DARREN BARNETT-810 ADV.JASON CHAN 24 MARCO PALLOVICINO 370.12 CHRIS FINST 1629
11) MARIO RIVERA--774.88 1 )BILL KERNER 26 TOM DAVIS 368.07 J. TROYER 1068.80
12) JASON SHERMETA-729 2)JEFF TOME-------810 26 RYAN MENDES 368.07 KEVIN WILLIAMS 810
13) JIM MARTIN-----590.49 3)FRANK BAUER-----729 26 JULIAN NIEDERHOUSE 368.07 CHRIS GORNEY 810
13) RON HEAVYSIDE--590.49 4)MIKE MACALUSO---656.10 29 SCOTT ADAMS 298.14 M. MANDEL 656.10
15) DANNY WERTZ----531.45 29 DAVE POWELL 298.14 BEN T.\RBLE 590.49
t6) MIKE BULL------504.88 31 JASON RICE 242.85
1A JR. l"oEM WOMEN'S BODYBOARD
ADV.MIKE DOYLE MASTERS LIZ VERGARA 2950
ADV.CHRIS BAIRD----2442.99 LILLY FERZ 1850
1) EDDIE BUERK-----1947.36 1 MIKE BLOOM 3349
2) BRANDEN ASHENBAUGH-1686.99 2 CHRIS 8IE 2529 JUNIOR LONG BOARD
3)FRANK GALLUCCI---1629 3 JUt TOLIVER 2520
4) JASON NEERING---1525.85 4 JEFF SURGENER 2027.14 CHEYNE BALBIER 2710
5) ~ ~I~------1510.97 5 TOM LEGGETT 2000 SHAWN BALBIER 1900
6) PATRICK McCARROLL--1160.98 6 KEEGAN WHITLOCK 1639.29 TOBY HARTNET 1000
7) CHAD BRADFORD---940.41 7 MIKE ROGERS 1601.95
8) JASON SOLOMON---900 8 NICK SWAIN 1024.17 SENIOR LONG BOARD
8) JACOB WHITE-----900 9 JOHN MIESKAY 954.24
~08HAWN BREZAMIN---810 10 KEVIN TOBIN 900 JOHN METSKEL 1000
10)LUKE BRYANT-----810 11 JOHN KOSTER 844.70 TOM LEGGETT 900
10)AARON PROWERY---810 12 N. KNOWLTON 656.10 MIKE MACALUSO 900
13) ROBERT FOGLEMAN-729 13 RALPH SAMMIS 590.49 DANNY LINGAFELTER 900 .
13)JOHANNES CZONKA--729 13 FRANK CIFFARELLI 590.49 SCOTT TIERNAN 810
lS)WESTLEY GALL-----656.10 15 ERIC RUMANER 531.45
16)LYNDON CHAN------590.49 16 S. SEMPLE 430.48
17)BRANDON PALAZZO--504.88
18)VINNIE DeGREZIA--408.96
19)RYAN ZBOUNIK-----349.99
.
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NAME BIRTHDATE
STREET TOWN STATE ZIP
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o COMPETITION MEMBERSHIP ($20) FOR FIRST DIVISION CHECKED ~ $3 FOR EACH ADDITIONAL DIVISION
CHECKED BElOW:
o FAMILY MEMBERSHIP ($28) ~ $3 FOR EACH DIVISION CHECKED BELOW FOR EACH FAMILY MEMBER:
(fOR FAMl Y MEMBERSHIPS. PlEASE ENClOSE AN ADOmoNAl SHEET USTlNG EACH FAMILY MEMBER. AGE AND DMSlONS ENTERED)
COMPETITION DIVISIONS (CHECK ALL IN WHICH YOU WILL COMPETE) RANKING
o tÆNEHUI'oES(12&.UM>ER) o SENIOR MEN (3.>44) (AU NEW MEMBEICSAAE 1A)
o BOYS(I~14) o GRANDMASTEICS(45-S4) o SENIOR WOMEN (30 &. OVER) o KNEEBOAAD (AU. AGES)
o .AJNORMEN(15-17) o LEGENDS (SS &. OVER) o .MUONG80AAD (17 &. UNDER) 0 , l BODYBOARO (17 &. UNDER)
o MEN (18-24) o GIRlS (17 &. lX'IDER) o MASTEICS LC oNGBOARD (18-39) 0 SI? BODYBOAAD (18 &. OVER)
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t/7t )
SUBJECT: AGENDA ITEM # J 0 A - MEETING OF MAY 3, 1994
FUTURE LAND USE AMENDMENT FROM COUNTY MR-S TO CITY FUTURE
LAND USE DESIGNATIONS OF LD (LOW DENSITY), MD (MEDIUM
DENSITY), CC (COMMERCIAL CORE) , AND OS (OPEN SPACE) FOR
BLOOD'S HAMMOCK GROVE S
DATE: APRIL 29, 1994
We have received a request from the applicant for a continuance of
this item to the May 17, 1994, meeting. Because it had already
been advertised per statutory requirement, the Amendment must
appear on the Commission's agenda. If the continuance is approved,
it should be publicly stated at the May 3rd meeting that the matter
will be continued to the date certain of May 17, 1994.
Attached for your review is the staff report concerning the
referenced item.
Recommend consideration of the request for continuance.
CurJ;;~ ~ ~117 /9L{
$-0
ref:agmem023
.
SIEMON, LARSEN & MARSH
Mizner Park
433 Plaza Real, Suite 339
Boca Raton, Florida 33432
Deubom Station Telephone (407) 368-3808 Suite 3'0
47 West Polk. Street Facsimile (407) 368·4008 19800 MacArthur Boulevud
Chicago, lliinoil 6060' Irvine, California 9271'
(312) 939-7117 April 26, 1994 (7]4) 7'2-1'38
~~
.fA C~~
Mr. David Harden Cll';- ':9" ~<)
City Manager ~.1, .9 A
100 NW 1st Avenue ~(>~ ~1f
Delray Beach, Florida 33444~Í"
I)~
RE: ComDrehensive Plan Amendment for Blood's Hammock Groves~f
Dear Mr. Harden:
Over the past week, we have worked to respond to the issues
raised by the public and the Planning & Zoning Board at the public
hearing held April 18th. We believe that we can more fully respond
to the concerns of the Planning & Zoning Board and staff.
We understand that notice of the public hearing has already
been provided, and that we will therefore be obligated to appear on
May 3, 1994. We are aSking for a continuance until May 17th, but
the Commission will not decide whether to continue the hearing
until May 3.
We will be prepared to move forward on May 3, 1994, if the
Commission does not agree to have a continuance, but most of the
additional material would not be available for staff and Commission
review in advance.
We appreciate your assistance with this matter. If you have
any additional questions or comments, please do not hesitate to
contact me.
Very truly yours,
/.
A- ;f¿ j (,\ ¡>¿SJt 't/ &<- f-
Lee D. Einsweiler, AICP
Senior Planner
Authorized Representative
Norman Blood/Levitt Homes, Inc.
vbs:LDE
cc: Susan Ruby
Alison Hardee
Diane Dominguez
.
?~~
t-.
f~1
C I T Y ~ 0 M MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
. ~ ~P.b
THRU: DIANE DOMINGUEZ, RE OR
~TME~ING AND ZDNING
~ '
FROM: PAUL DORLING, P. NCIPAL PLANNER
* NOTE: APPLICANT HAS REQUESTED A CONTINUANCE OF THIS ITEM TO
THE MAY 17 MEETING.
SUBJECT: MEETING OF MAY 3, 1994
FUTURE LAND USE AMENDMENT FROM COUNTY MR-5 TO CITY
LAND USE DESIGNATIONS OF LD (LOW DENSITY), MD (MEDIUM
DENSITY) , CC (COMMERCIAL CORE) , AND OS (OPEN SPACE)
FOR THE BLOODS GROVE PROPERTY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
transmittal of a Future Land Use Plan Map amendment and
Comprehensive Plan text amendment which includes the. -..
following components:
* A Future Land Use Map change from County MR-5 (Medium
Residential-5 units per acre) to City Land Use
designations of LD (Low Density - 39 acres), ~~
(Medium Density - 40 acres), CC (Commercial Core - 10
acres) and OS (Open Space - 4 acres) for Bloods Grove.
* Text change to the commercial core definition in the
Future Land Use Map element of the Comprehensive Plan
* Locational change of the future city collector street
currently proposed along the west border of the Bloods
Grove property.
The 93 acre property is being processed as a part of
Comprehensive Plan Amendment 94-1. The property is located
on the south side of Linton Boulevard east of Military
Trail.
BACKGROUND:
With the ador )n of the Compreh ive Plan in November, 1"89,
"advisory" l¿.; use designations ! applied to all areas ~. Lch
were outside '::.he City limits b\. within the City's Planning
Area. The 110 acre Bloods Grc,e site was given advisory
designations as follows: 40 acres Medium Density Residential,
39 acres Low Density Residential, 17 acres Community Facilities,
10 acres Commercial Core, and 4 acres Open Space. The 17 acres
of Community Facilities have· been annexed for a municipal fire
station, park and School Site S. The 93 acre balance is the
subject of this request.
----
Bloods Land Use Amendment
City Commission May 3, 1994
Page 2
Separate petitions have been submitted and are currently being
processed for the annexation of the property into the City
limits and for initial zoning designations of PRD-Planned
Residential Development (83 acres) and SAD-Special Activities
District (10 acres). The PRD and SAD zoning districts require
submittal of a master development plan and site plan,
respectively. Once those plans have been submitted the requests
will be reviewed and scheduled for Planning and Zoning Board and
City Commission action.
ANALYSIS:
The proposed amendment will adopt the City's existing advisory
designations with the exception of the location of the 10 acres
of Commercial Core. This 10 acres is to be relocated from the
center of the site to the area occupied by the existing Bloods
commercial operation (northeast corner of the site along Linton
Boulevard) . The Bloods will be maintaining ownership of the 10
acres and desire to continue and expand on the existing fruit
packing and retail operation. The amendment also proposes text
changes to the Commercial Core definition which would limit the
type of commercial uses allowed within Commercial Core.
The Low Density (0-5 units per acre) is proposed along the east
and south borders adjacent to the Foxe Chase and Del Aire
subdivisions; the Medium Density (5-12 units per acre) is
proposed adjacent to the commercial and office uses to the west
as well as along Military Trail; and the Open Space accommodates
an existing Hammock area. The amendment also includes the
relocation of the proposed city collector road currently cited
along the west property line of Bloods Grove.
Concerns were noted regarding two aspects of the applicant's
proposal. These involve impacts created by moving the
commercial component closer to Linton, which would attract more
outside traffic, and the proposal to eliminate a connecting road
between Germantown Road and the new collector road.
To mitigate the impacts of the relocation of the commercial
component, staff recommended a designation of Transitional, as
opposed to Commercial Core. This would have the effect of
limiting the intensity of allowable non-residential uses.
Regarding the road connection, staff notes that it is a concern
which requires additional analysis. It may be necessary to
require an alternative site plan for the Bloods property which
would provide the road in the event that it is deemed to be
necessary. The attached Planning and Zoning staff report
describes the issues in greater detail.
,
Bloods Land Use Amendment
City Commission May 3, 1994
Page 3
A traffic study has been submitted and its conclusions accepted
by the Palm Beach Traffic Division. The study emphasizes that
Mi I i tary Trai I which currently fails level of service D, will
require widening from 4 to 6 lanes under the current, as well as
the proposed Land Use designations. The study further notes
that at 4ifferent phases of development improvements to the
intersection of Military Trail and Clint Moore Road and the
widening of Military Trail (4 lanes to 6 lanes) from Atlantic
Avenue south to Clint Moore Road will be required. With these
improvements traffic concurrency will be met.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the Future land Use
Amendment at the April 18, 1994 regular meeting. Eleven people
spoke in opposition at the public hearing. They included
representatives from adjacent homeowner associations ( Foxe
Chase, Del Ida, Bel Aire) who opposed the amendment citing
increase density (lack of compatibility) and increased traffic'.
Several Board members expressed concern with the increase in
density, increased traffic, and the relocation of the commercial
core component.
After a lengthy public discussion the Board recommended the
Commercial Core designation be changed to Transitional, and that
it remain in the current location (central to the site) . The
Board also included a restriction that the interior commercial
component not be allowed to develop until Blood's packing and
retail operation is discontinued.
The Board further recommended that the amount of acreage
allocated to MD (Medium Density) be reduced so that the land use
designations are as follows (see attached exhibit):
* 63 acres of Low Density
* 16 acres Medium Density
* 10 acres Transitional
* 4 acres Open Space
The applicants request would have allowed a maximum of 480
multi-family and single family attached units and 195 single
family detached units for a total of (675 units). The applicant
intention is to construct 250 multi-family units, 175 attached
single family units, and 200 single family detached units for a
total of 625 units. Under the Planning and Zoning Board's
recommendation a total of 507 units (192 multi-family units and
315 single family units) could be built. It is noted that a
minimum of 21 acres of Medium Density residential would be
required to build the proposed 250 unit multi-family development
indicated in the conceptual master plan.
The Planning and Zoning Board recommendation regarding the
Commercial Core leaves the Bloods operation in an uncertain
status. It would only be allowed to continue until the interior
commercial component is developed. This differs significantly
from the Blood's proposal, which is to augment the existing
operation with compatible retail and office uses in a
market-like setting.
",~-",..,"-_.
Bloods Land Use Amendment
City Commission May 3, 1994
Page 4
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. By motion, based upon a finding that the proposed land use
classifications are consistent with those that were
previously approved with the adoption of the City's
advisory land use classifications for unincorporated areas;
and that the intensity of the commercial uses and
compatibility with adjacent properties can be further
addressed through the processing of a Master Site and
Development Plan and the adoption of a Special Activities
District, transmit the proposed amendment as part of Plan
Amendment 94-1 (select one option):
1. Applicants proposal:
A change from County MR-5 to City designations of 39
acres LD (Low Density) , 40 acres of Me (Medium
Density) , 10 acres CC (Commercial Core) along Linton
Boulevard, 4 acres of OS (Open Space) ; language
changes to the Commercial Core; and relocation of the
City's collector roadway; or
2. Staff recommendation to P&Z:
A change from County MR-5 to City designations of 39
acres LD (Low Density), 40 acres Me (Medium Density),
10 acres of Transitional along Linton Boulevard, and 4
acres OS (Open Space) ; recommend no change to the
text of Commercial Core; and relocation of the City's
collector roadway; or
3. Planning and Zoning Board recommendation:
A change from County MR-5 to City designations of 63
acres of LD (Low Density) , 16 acres Me (Medium
Density) , 10 acres Transitional in the center of the
site and 4 acres of OS (Open Space) ; recommend no
changes to the text of Commercial Core; and relocation
of the City's collector roadway;
C. Deny the FLUM designation changes based upon a failure to
make positive findings with respect to compatibility .
.
Bloods Land Use Amendment
City Commission May 3, 1994
Page 5
RECOMMENDED ACTION:
By motion, based upon a finding that the proposed land use
classifications are consistent with those that were
previously approved with the adoption of the City's
advisory land use classifications for unincorporated areas;
and that the intensity of the commercial uses and
compatibility with adjacent properties can be further
addressed through the processing of a Master Site and
Development Plan and the adoption of a Special Activities
District, transmit the proposed amendment as part of Plan
Amendment 94-1 for a change from County MR-5 to City
deslgnations of 39 acres LD (Low Density) , 40 acres MD
(Medium Density) , 10 acres of Transitional along Linton
Boulevard, and 4 acres OS (Open Space) ; recommend no
change to the text of Commercial Core; and relocation of
the City's collector road~ .y.
Attachment:
* Planning and Zoning Board report
of April 18, 1994
* P&Z recommendation Land Use Map
a:bloccdoc.doc
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,
PLANNING AND ~ONING BOARD
CITY OF DELRAY BEACH --- SlAFF REPORT ---
MEETING DATE: April 18, 1994
AGENDA ITEM: V.C.
ITEM: Future Land U~e Ma~ Amend~ent Changing the FLUM Designation from County MR-S
to the Fol1ow1ng C1ty Des1gnations: OS, LDR, MDR & CC; for Blood's Hammock Groves
GENERAL DATA:
Own.r................... .Noraen W. Blood
A;.nt....................Lee lineweil.r, AIC.
SI.-m, Lars.ft , Mar.b
Loc.tlon.................Soatb alde of Old Ge~town
Itoed, aoutb of Llftton
1JcMal..,.Ñ.
Property Slz.............13 acrea~.
Clty Land Ua. .lan.......Low Deneity ".ldenttal,
Nedlaa Deneity Re.idential,
co...rc:1.1 Core, Open Spece
County Land U.e pI.n.....NR-5 (Re.idential, ap to 5
unlU per acr.)
Propo..d Land U.e Pl.n.. .IleCOftUguraUon of the ~
.xiatlng City advi.ory PLUM
eS..lgnatione .
County zonlng............Aa (A;ricaltaral ....rv.) ffEEEEffiEffi
Propo.ed zoning..........SAD (special Actlvltl..
Diatrict) and ~
'ID (.lanned "ddenUal .
DeveloPMftt) c
..
Adjac.nt lofting.. .lIortJ" A (A;ricaltural), CP, RL
(..ltiple r-.1ly '..identi.l
- Low Ðaalt.y), and OS Open
Space
Ia.t: 1ft' (l..idenU.I TranaiUonal
- fIC), A, and CP
SOuth: 01 and a-l-M (Iingl. r-.11y
...ideatia1 )
".at: A, CF, toe (.lanned Offic.
c.nt.r), and
1S/l1 (Slngl. F..Uy
...idential - 'Be)
Existing Land U..........A portion of an .xi.ting
orang. grove and pacUng
f.cUlty.
Proposed Land U..........10 acr. or.ng. packing
f.ci1ity and a.aoclated r.tall
u.. vith future nelghborhood
co..ercl.l u.e., approxl..tely
21 acr.. of 8Ultl-faally (250
unit.), .pproxl..t.ly 58 acr.. of
.ing1. f..lly d.t.ched (115 unlt.)
and attached (200 unlt.), vlth
. 4 acre h..-ock pre.erve are..
Water S.rvlc.............Exl.ting 12- water ..In In
Old Geraantown Road right-of-
vey. Ixlatlng 10- vat.r ..in
1n Linton Boul.vard. IxlaUng
12- vat.r ..In In Military Trail.
Sewer S.rvic.............I.l.tiDg .. aew.r ..in ..rving rlr.
ItaUoa . 5.
V.C.
.....- p-----~~
I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation on
a privately initiated Future Land Use Map Amendment and
Comprehensive Plan text amendment which includes the following
components:
* changing the land use designation from County MR-5
(Medium Density Residential- 5 units per acre) to a
combination of City LD (Low Density Residential 0-5
units per acre), MD (Medium Density Residential 5-12
units per acre) , CC (Commercial Core) and OS (Open
Space) ;
* text change to the Commercial Core definition in the
Future Land Use Element of the Comprehensive Plan.
* locational change of the future City collector street
currently proposed along the west border of the Bloods
Grove property.
The subject property is approximately 93 acres and represents
the balance of the Bloods Grove property after the recent
annexation of the 17 acres of the municipal fire station, park
and School Site S.
B A C K G R 0 U N D:
With the adoption of the Comprehensive Plan in November, 1989,
"advisory" land use designations were applied to all areas which
were outside the City limits but within the City's Planning
Area. The 110 acre Bloods Grove site was given advisory
designations as follows: 40 acres Medium Density Residential,
39 acres Low Density Residential, 17 acres Community Facilities,
10 acres Commercial Core, and 4 acres Open Space. The 17 acres
of Community Facilities was intended to accommodate a future
elementary school site, neighborhood park, and fire station in
the southwest portion of the City. On November 26, 1991 the
City annexed 1.808 of the 110 acres, at the northeast corner of
the property via Ordinance 76-91. The 1.808 acres consisted of
an access easement as well as a temporary and permanent fire
station site. The temporary fire station was placed on the site
while the permanent fire station was constructed. Fire station
I 5 has since been completed and the temporary station removed.
In April, 1993, an annexation petition, land use plan amendment
and initial zoning request to accommodate a 10 acre elementary
school site on the Taheri property adjacent to Bloods Grove was
submitted. Before those actions were formally processed, the
School Board reconsidered that location and instead chose a 10
acre site in the northeast portion of Bloods Grove. As a part
of the School District's purchase contract the City is to locate
a municipal park contiguous to the school site.
.
P & Z Staff Repe'
Future Land Use __...p Amendment
Page 2
In April, 1993 the owners of Bloods Grove granted agency to the
City for the processing of an annexation petition and all land
development applications necessary to accommodate a 10 acre
elementary school (School Site S) and 6 acre municipal park. The
change in land use from MD (Medium Density Residential) to CF
(Community Facilities) was processed with Land Use Plan
Amendment 93-2. The related annexation and initial zoning were
approved by City Commission on March 22, 1994. The Conditional
Use request to establish the school was approved by City
Commission at its meeting of Apri. 5, 1994. On April 8, 1994
the sale of the school site to P&~m Beach County School Board
and the park site to the City was:onsummated.
A Land Use Map change for 93 aCe c '3 (balance of Bloods Grove)
from the County Land Use Map desi ltion of MR-5 to the City LD
(Low Density) , MD (Medium Densi , OS ( Open Space), and CC
(Commercial Core) is now befor,£¡ the Board. A concurrent
annexation and initial zoning request are being processed and
will be before the Board at a later meeting.
PROJECT DES C RIP T ION:
The land under consideration is the balance of the Bloods Grove
commercial orange orchard operation. It is approximately 93
acres in area and is located south of Linton Boulevard, east of
Military, west of the Foxe Chase (residential) Subdivision, and
north of Del Aire Subdivision. The majority of the 93 acre site
is an active orange grove with a packing and shipping operation.
The development proposal represents the redistribution of
existing advisory City land use designations. The proposed
redistribution will move the 10 acre "Commercial Core"
designation from the center of the site to the northeast corner
of the site to cover the existing Bloods operation. The reason
for this relocation of the commercial uses is that the Bloods
will be maintaining ownership of the 10 acres and desire to
continue the existing commercial operation.
The 83 acre balance of the site is proposed for development
under the current City Land Use designations. The development
proposal includes 250 apartments, 175 attached units, 200 single
family homes and a 4 acre open space (Hammock area) by the
Levitt Corporation.
COM PRE HEN S I V E P LAN A N A L Y S I S:
Current Land Use Designations: The current County Land Use
designation for the site is MR-5 (Medium Residential-5 units per
acre) . The City's current advisory land use designations for
the site are as follows: 40 acres of MD (Medium Density), 39
acres of LD (Low Density), 4 acres of os (Open Space), and 10
acres of CC (Commercial Core).
~._-
.
P & Z Staff Repe
Future Land Use ....&p Amendment
Page 3
Requested Land Use Designations: The requested Land Use changes
are the same as the City Advisory Land Use designations in total
acreage per category. However, a change in the location of the
10 acre commercial core component from its current position
internal . to the site to one which has frontage along Linton
Boulevard is proposed. .
Adjacent Land Use Map Designations , Land U..:
FLUM Designations:
City County
Subject property: Low Res (1-5 du) MR-5 Res
Med Density (5-12 du)
Commercial Core
Open Space
Adjacent properties:
North Low Density & CF NIA
East Low Res (1-5 du) LR-l Res
South Low Res (1-5 du) , OS NIA
West Transitional MR-5 Res
Actual Land Use:
Subject property: Commercial orange grove
Adjacent properties:
North Shadywoods (residential)
East Foxe Chase (residential) Subdivision, fire
station f5,school site 5, and future park
site
South Del Air subdivision and Del Aire golf course
West South County Professional Office center,
South County Mental Health Facility, and La
Casa subdivision.
Allowable Land Uses: Under the proposed residential FLUM
designations (Low Density and Medium Density) residential zoning
districts which accommodate single family to multi- family units
are allowed. Under the Open Space FLUM designations the OS and
CF zoning designations allow open spaces and facilities which
serve public and semi public uses. The proposed Commercial
Core FLUM is consistent with RM (Residential Medium) , CBD
(Central Business District), RT (Resort Tourism) , RO
(Residential Office), CF (Community Facilities), OS (Open
Space), and SAD (Special Activities District) . The applicant
has requested initial zoning designations of PRD (Planned
Residential Development) and SAD (Special Activity District) .
These zoning designations are consistent with the proposed land
uses.
I
P & Z Staff Rep(
Future Land Use ..~p Amendment
Pale 4
Service and Concurrency Implications: In the preparation of the
Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered
in the overall land use pattern, assessment of level of service,
the provision of services, and meeting remaining land use needs.
The proposed land use designations are the same as those
prev;Qusly considered. Thus, the act of officially adopting the
City '3 "Advisory" Land Use designations has no impact with
respect to general notions of service delivery and concurrency.
However, as the FLUM change is technically from MR-5 (County) to
the City Advisory designations of LD,MD,OS,and CC the difference
in intensity with respect to traffic impact must be assessed.
The maximum development potential un .~r the current MR- 5 FLUM
designation would be 465 single fam! ! units generating 4,650
daily trips. The maximum development potential under the City's
advisory land use designations of LD, MD OP, and CC will be 200
single family, 468 multi-family, and 108,900 sq. ft. of
commercial use generating a total of 8,496 daily trips. The
difference is an additional 3,846 daily trips.
A traffic study was submitted and Linton Boulevard meets traffic
concurrency. Military Trail is noted as currently failing
traffic concurrency from Atlantic Avenue south to Clint Moore
Road. Military Trail will require 6 laning prior to development
under the existing Land Use Designation. The proposed FLUM
amendment will not increase the traffic volumes to a level which
would require additional improvements over and above the 6
laning already required.
Whi Linton Boul<9vard pas" traffic concurrency the portion
between Military 'n ::ail east Waterford Place required analysis
under a more detailed test .llternative Test 1). One portion
of the roadway, the intersection of Linton Boulevard and 1-95,
did not pass the alternative test.
An additional analysis was undertaken for this intersection
which estimated a reduced impact based upon traffic diversion
with the opening of the Congress Avenue/I-95 interchange. When
the resulting reduced traffic volumes were utilized the Linton
Boulevard and 1-95 intersection also passed the alternative
test. The Palm Beach County Traffic Division has reviewed the
traffic study and has tentatively accepted the conclusions
within that report. Prior to the approval of any development on
the site, improvements to the traffic system which accommodates
that development must be in place or programmed.
--.----.....
·
P & z staff Repe
Future Land Use h""'P Amendment
Page 5
Land Use Compatibility: The proposed distribution of the
residential land use designations maximizes compatibility with
adjacent . land use designations. The LD (Low Density
residential) is proposed along the south and west borders
adjacent the Low Density land use designations of Foxe Chase to
the eas t and Del Aire to the south. The majority of the NO
(Medium Density Residential) Land Use designation is proposed
along Linton Boulevard and adjacent to the "Transitional" land
use designations which border the site to the west. The
"Commercial Core" component which is noted internal to the site
in the existing City advisory designations is proposed for
relocation to Linton Boulevard. The applicant has indicated the
relocation of the commercial component is to accommodate the
existing Bloods packing house and to establish up to an
additional 50,000 sq. ft. of commercial uses. The additional
uses are primarily intended to serve the neighborhood and local
residents. Compatibility with the surrounding neighborhood can
be enhanced t.hrough the provision of pedestrian and bicycle
access, and landscape buffers.
While the residential Land Use designations are compatible with
the adjacent and surrounding land use designations this
compatibility does not relate to any specific development
proposals. The proposed zoning classification of PRD and SAD
require the concurrent processing of site development plans.
The findings related to the PRD are extensive and address
compatibility issues. The SAD requires approval of a specific
list of uses, which can only be modified by amending the SAD
ordinance. With the processing of the PRD and SAD plans,
compatibility with respect to the intensity of the commercial
uses, the size of lots and residential structures, landscape
buffers, etc will be addressed in detail.
Commercial Core Designation:
Although the commercial is no longer completely interior to the
site, the applicant has proposed to retain the Commercial Core
designation and its original intent through the modification of
the Commercial Core text within the Future Land Use Element of
the Comprehensive Plan. The following underlined changes to the
Commercial Core definition in the Comprehensive Plan are
proposed:
,
P & Z Staff Repe-
Future Land Use ....&p Amendment
Page 6
Commercial Core: This designation is applied to the
Community's downtown areas. It can also be applied to a
commercial component of a planned residential development,
when that component is internally oriented, with no direct
access to an arterial roadway. The Commercial Core
designation includes the "Village Center" development
scenario described in the Future Land Use Element and
graphically shown in Figure L-8. It accommodates a variety
of uses including commercial and office development;
residential land use upper story apartments; older homes
renovated to accommodate office use; and uses such as " bed
and breakfast" establish; and industrial/commerce uses as
proposed in the "Village Center" development scenario, and
in the Blood's Grove commercial component.
While this modification to the language in the land use plan can
be accommodated, it may be best to change the proposed land use
designation itself. With the relocation of the co_rcial
component to the perimeter of the site and the inclusion of the
Bloods operation, it might be best to seek an alternative
designation that will ensure that the commercial uses are
neighborhood oriented.
An alternative to changing the language in the plan and placing
the Commercial Core designation on the current Bloods operation -,
is to apply a "Transitional" land use designation to the IO'acre
parcel. An SAD zoning could then be applied which would
incorporate the Bloods operation, as well as office and
commercial uses that are less intense than those permitted with
a Commercial Core designation.
Implementation and Direction of the Comprehensive Plan:
Parks and Recreationa
There are a few policies contained within the City's adopted
Comprehensive Plan which give direction with respect to
providing specific facilities within the southwest area of the
City. The ANALYSIS portion of the Open Space and Recreation
Element identifies the need to locate a park in the southwest
quadrant of the City. It specifically states that "the siting
of a neighborhood park, similar to Barwick Park but with a
softball field and all purpose field is needed for adequate
service" .
Concurrency with respect to the park and recreation element is
met in the southwest portion of the City through recent
acquisition of the southwest park and provision of a ball field
and two (2) all-purpose fields with development of the southwest
park and elementary school. Citywide concurrency is being met
through conversion of existing facilities to all-purpose fields,
and provision of recreational facilities in new parks and
schools.
."~_,.,__.._, - "0
·
P & Z Staff Repe
Future Land Use .....ap Amendment
Page 7
The following improvements have occurred since the last update
of the Parks and Recreation Element:
* Construction of Barwick Middle School with 4 tennis
-courts, 4 basketball courts, softball, 1 baseball, and
one soccer field.
* Construction of Banyon Creek Elementary School with 2
basketball courts, 1 softball field, 1 volleyball
court.
* Improvements to Atlantic High School (lighting) 2
baseball diamonds and playing field.
TRAFFIC CIRCULATION:
City Collector Alignment: The proposed FLUM change includes a
change in the location of a proposed City Collector. The
current street. is shown on the Future Land Use Map along the
west property line and through the middle of the adjacent
Holland property. The proposed location is the central spine
road aligned with Palm Forest Way (Shadywoods), proceeds south
to about the center of the site, and then west through the
Taheri property. The portion of the spine road which is
continued south through the Bloods site and west to Military
Trail is proposed as a private gated roadway and is not part of
the City collector system. The relocation has no negative
effects on surrounding properties. The relocation substantially
improves the ability to develop the Holland property northwest
of the site, as the current proposed roadway location dissects
the parcel.
Germantown Roadway Alignment: During the processing of the
FLUM amendment for the school and park site a realignment of
Germantown Road was proposed. The realignment extended
Germantown Road west through the Bloods site and then north to
Linton Boulevard at Palm Forest Way. A temporary access for the
school and park was proposed from the western extension of
Germantown Road north to intersect Linton Boulevard at right
angles where Germantown currently meets Linton Boulevard. The
temporary access was to be removed with development of the
permanent alignment. The existing traffic light at the
temporary access was then to be moved to the permanent alignment
(Palm Forest way and Linton Boulevard).
With the relocation of the commercial operation to Linton
Boulevard the extension of Germantown Road to the proposed spine
road (permanent alignment) is not provided. The reason for the
elimination of the connection is to preserve the vegetation and
ambience at the entrance to Blood's Grove operation. Under the
current proposal the temporary access would become permanent and
serve the school, park, and commercial core property. The
projected spine road at Linton Boulevard and Palm Forest Way
will provide access to future residential development within
Bloods Grove and alternative access to the school, park and
commercial area.
,
P & Z Staff Rep'
t:'uture Land Use ud.p Amendment
'age 8
Information with respect to how the two intersections (temporary
and permanent) would affect signalization along Linton Boulevard
was requested and has not been provided. Staff members of the
County Traffic Division have stated that the minimum spacing
between signals is 1000 feet. The two proposed intersections
will be approximately 550 feet apart. The Traffic Division
indicated the existing traffic light would stay at the
Germantown / Linton intersection until the traffic volume at the
spine road (Palm Forest / Linton intersection) warrant
signalization. At that point the existing light would most
likely be relocated. The signal relocation would leave traffic
from Germantown Road, the school site, park and Bloods
commercial operation intersecting Linton Boulevard at a non
signalized intersection. The original proposal and alignment
would have all traffic intersecting Linton Boulevard at t.r-e
signalized intersection at Linton and Palm Forest. It is
possible that the school/park intersection can be installed at a
location that is east of the current proposal. The additional
distance may provide adequate spacing to allow both
intersections' to be signalized. The location of the
intersections and the prospects for signalization must be
addressed with submission of the master site plan for the
development.
REV I B W B Y o THE R S:
The land use amendment request is not in a geographic area
requiring review by either the HPB (Historic Preservation
Board) , DDA (Downtown Development Authority) , or the CRA
(Community Redevelopment Agency).
Courtesy notices were sent to:
* Palm Beach County Planning
* City of Boca Raton
* Helen Coopersmith (PROD)
* Erminio P. Guiliano (Foxe Chase)
* Saul Weinburger, (Del Aire )
* Jim Goggin (Country Lake Association)
* Shadywoods Homeowners Association.
* Spanish Wells Condo Association
* Gretchen Bacon, Oakmont Residential Assoc.
ASS E SSM E N T AND CON C L U S ION S:
The proposed FLUM amendment generates several concerns relating
to the relocation of the commercial uses which are summarized in
t" , following paragraphs. These include:
-~---...._-_." -
·
P & Z Staff Repe'
Future Land Use ..4P Amendment
Page 9
Commercial Core:
The original intent of the Commercial Core designation was to
primarily serve the commercial needs of the surrounding
subdivision. The proposed relocation and accommodation of the
existing Bloods operation differs in some respects from the
intent of the Commercial Core.
An alternative to applying a "Commercial Core" designation is to
apply a Transitional land use. The current and proposed uses
are consistent with uses allowed under those zoning designations
allowed under the Transitional land use designation. This
alternative would provide some limitations on the level and
intensity of future uses.
Alignment of Germantown Road:
With the negotiations of the school site and park site the
extension of Germantown Road was proposed. The applicant agreed
to this alignment at that time. With the relocation of the ¡
commercial component the applicant has proposed elimination of-a
portion of the alignment to maintain the ambience of the
existing entry. The elimination of the extension may negatively
effect signalization of related intersections with Linton
Boulevard. This issue must be resolved with the processing of
the master site plan and development activity of the school
site.
The next steps in the development process will be annexation and
initial zoning of the property. Each of the proposed zoning
designations, PRD and SAD, also require concurrent submittal of
master plans. Some of the issues identified in this report i.e.
Germantown Road alignment; and compatibility of site specific
plans with adjacent existing land use types are to be resolved
at these stages.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the FLUM designation change from
County MR-S to City LD (Low Density), CC (Commercial Core),
OS (Open Space); language changes to the Commercial Core;
and relocation of the City's collector roadway subject to
conditions;
C. Recommend approval of the FLUM designation change from
County MR-S to City LD (Low Density), MD (Medium Density),
Transitional, and OS (Open Space); recommend no change to
the text of Commercial Core; and relocation of the City's
collector roadway subject to conditions;
,
P & Z Staff Repe
Future Land Use ....tp Amendment
Page 10
D. Recommend denial of the FLUM designation changes based upon
a failure to make positive findings with respect to
compatibility (location of commercial component).
STAFF R I COM M I N D A T ION:
By motion:
Recommend approval of the FLUM designation change from
County MR-S to City LD (Low Density) , MD (Medium
Density) , Transitional, and OS (Open Space) ;
recommend no change to the text of Commercial Core;
and relocation of the City's collector roadway, based
upon a finding that the proposed land use
classifications are consistent with those that were
previously approved with the adoption of the City's
advisory land use classifications for unincorporated
areas; and that the intensity of the commercial uses
and compatibility with adjacent properties can be
further addressed through the processing of a Master
Site and Development Plan and the adoption of a
Special Activities District.
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- -
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t't, I
SUBJECT: AGENDA ITEM # IDE> - MEETING OF MAY 3 , 1994
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 94-1
DATE: APRIL 29, 1994
This item is before the Conunission to authorize transmittal of
proposed Comprehensive Plan Amendment 94-1 to the Department of
Conununity Affairs ( DCA) for review. The staff report, together
with a copy of Plan Amendment 94-1, is attached for your review.
Please note that the Land Use Plan Amendment for Blood's Groves is
part of Plan Amendment 94-1. In view of the applicant's request
for continuance to May 17, 1994, it is appropriate that the
transmittal hearing likewise be continued to that date.
CC5~ & ¿ //7 /9lf
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ref:agmemo24
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. - - -<{
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: David T. Harden, City Manager
iJ? It/d--/-- t!2.- f!2~7
FROM: . Diane Dominguez, Director of Planning and Zoning
SUBJECT: MEETING OF MAY 3, 1994
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 94-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
authorizinq transmittal of proposed Plan Amendment 94-1 to
the Department of Community Affairs (DCA) for State review.
B A C K G R 0 U N D:
The Planning and Zoning Board formally considered the proposed
amendment at a public hearing April 18, 1994. During the public
hearing for the overall Plan Amendment, no public testimony was
received. The Board recommended that the Commission approve
transmittal of the proposed Plan Amendment, containing the
material in the staff report and its attachments, with changes
related to Blood's Grove. Changes are detailed in Support
Document #5 ( Blood's Grove).
On April 26, 1994, representatives of Blood's Grove met with
staff to request a continuance of the land use plan amendment.
For Blood's Grove to remain a part of Plan Amendment 94-1,
granting of such a request also necessitates a continuance of
the transmittal hearing for the Plan Amendment.
The attachment, Proposed Comprehensive Plan Amendment 94-1,
includes Table IV-3, the Five Year Schedule of Improvements and
Support Document 15 (Blood's Grove).
R E COM MEN D E D ACT ION:
By motion, authorize transmittal of proposed Comprehensive Plan
Amendment 94-1, containing the material in the staff report and
attachments, to the Department of Community Affairs for the
required State review.
Attachments:
* P&Z staff report of April 18, 1994
* Proposed Comprehensive Plan Amendment 94-1
T:\advanced\CC94-1
,
v ~ .
PLANNING AND ZONIJ"G BOARD MEMORANDUM STAFF REPC ~
,
MEETING OF: April 18, 1994
AGENDA ITEM: V D. RECOMMENDATION TO THE CITY COMMISSION
REGARDING TRANSMITTAL OF PLAN AMENDMENT 94-1
ITEM BEFORE THE BOARD:
.
The item before the Board is that of recommending to the
City Commission those items that should be transmitted to
the Florida Department of Community Affairs as part of
Comprehensive Plan Amendment 94-1.
BACKGROUND:
The City Commission initiated Com~ hensive Plan Amendment 94-1
on February 22, 1994. In the i1: ~iation motion, all of the
Planning and Zoning Board's recommendations were approved.
- During the processing of the Plan Amendment, the following items
were deleted from the initiated document:
· Addition of Public Facilities Policy B-2.6 calling for the
City to explore Reverse Osmosis treatment of water from the
Floridan Aquifer as a supplement to the water supply. The
Director of Environmental Services determined that the City
is still several years away from addressing this option.
· Land Use Plan amendment for the Spence Property was
withdrawn.
The current draft of the Capital Improvement Plan (CIP) is
included as an attachment, Table IV-3, the Five Year Schedule
of Improvements, will be l.Jéised on the CIP with the followin(~
differences:
· Table IV-3 will include only the expenditure side of funds;
· Table IV-3 will include only projects over $100,000.
RECOMMENDED ACTION:
By motion, recommend that the City Commission transmit to the
Florida Department of Community Affairs, Proposed Comprehensive
Plan Amendment 94-1, containing the material in the staff report
and attachment.
Attachment: Proposed Plan Amendment 94-1
Draft CIP
1/ 'J L/
Report Prepared by: John walker,4·_(¿ê-
Review.., by: Diane Dominguez ~ ~ u.~
T:\advanced\94-1PZ.DOC ' V.D.
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8Jv(
SUBJECT: AGENDA ITEM 4# /0 C - MEETING OF MAY 3, 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 20-94
/KIDS AND COPS COMMITTEE
DATE: APRIL 29, 1994
The purpose of this ordinance is to provide for more than two (2 )
two-year terms for members of the Kids and Cops Committee due to
the unique composition of the membership. Unless otherwise
provided for by statute or City ordinance, our code limits terms
for advisory board members to two successive 2-year terms.
Ordinance No. 20-94 was passed on first reading by the City
Commission on April 12, 1994 (5-0 vote) . Since that time, members
of the committee have been contacted in an effort to verify their
continued interest in serving on the committee. New and/or
reappointments to Kids and Cops will be scheduled for Commission
ratification at a later date.
Recommend approval of Ordinance No. 20-94 on second and final
reading.
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ref:agmem022
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[ITY DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 2,11 ,,\\ 1,[ ,\\ 1.\1 E . ì}d.R..\Y BE/,CH, FLORIDA 3J~44
F.\C"';¡~.llLE .~\.17 :...') ..¡...~.;, Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 14, 1994
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Kids and Cops Committee - Terms
Commissioner Alperin is desirous of providing for more than two
(2 ) two (2) year terms for the members of the Kids and Cops
Committee due to the unique composition of the membership, many
of which are appointed by outside groups and schools. These
appointments are ratified by the Commission.
Section 32.08 of the City Codes limits terms to two (2) two (2)
year terms unless set forth otherwise by Special Act, State
Statutes or the City's ordinances.
The Kids and Cops Committee was established by Resolution 18-91
and modi f ied by Resolutions 30-93 and 96-93. To provide for
extended terms for members of the Kids and Cops Committee, it
would be necessary to amend the resolutions with an ordinance.
Enclosed please find a draft of such ordinance for further
processing. Please call if you would like further revisions.
~
Ô/
S ":' if
cc Commissioner Jay Alperin
Alison MacGregor Harty, City Clerk
Anita Barba, Executive Assistant, City Clerk
/;LA
.
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_.
ORDINANCE NO. 20-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING RESOLUTIONS 18-91,
30-93, AND 96-93 AND ENACTING THIS ORDINANCE WHICH
PROVIDES FOR THE ESTABLISHMENT OF THE KIDS AND COPS
COMMITTEE AS AN ADVISORY BODY TO THE CITY
COMMISSION; PROVIDING FOR THE COMMITTEES COMPOSI-
TION, TERMS, AND EXTENSIONS THEREOF, THE FILLING OF
VACANCIES, RATIFICATION OF SELECTIONS BY THE CITY
COMMISSION, DIRECT REAPPOINTMENTS, AND MEETING
CRITERIA; PROVIDING FOR THE DUTIES AND RESPONSIBILI-
TIES OF THE COMMITTEE; PROVIDING FOR STAFFING FOR
PROGRAM ACTIVITIES; PROVIDING FOR THE RECRUITMENT OF
PARTICIPANTS; PROVIDING FOR THE AUTHORITY OF SAID
COMMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
Florida recognizes the need to strengthen the relationship between the_
local youth of our community and members of the Delray Beach Polic'
Department; and,
WHEREAS, the City Commission wishes to assist in giving the
local youth of our community the opportunity to take part in construc-
tive and enjoyable activities; and,
WHEREAS, the City Commission has heretofore demonstrated its
commitment providing and encouraging an alternative for the local youth
of our community from engaging in criminal behavior (street crime, drug
use, etc.) through the establishment of a "Kids and Cops" program as an
ad hock committee in May, 1989; and,
WHEREAS, Section 32.08 of the Code of Ordinances of the City
of Delray Beach limits terms to two (2) consecutive two (2) year terms,
unless otherwise specified in the ordinances of the City; and,
WHEREAS, the City Commission desires to repeal Resolutions
18-91, 30-93, and 96-93, and enact this ordinance to provide for terms
longer than two (2) years due to the unique composition of the commit-
tee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS.
Section 1. That Resolutions 18-91, 30-93 and 96-93 are hereb-
repealed and there is hereby re-established the Kids and Cops Committe
as an advisory body to the City Commission pursuant to this ordinance.
- -
Section 2. That said Kids and Cops Committee shall consist of
a membership to be selected as follows:
(A) A representative from the Parks and Recreation Department
as designated by the Director of Parks and Recreation;
(B) A representative of the Delray Beach Police Department,
as designated by the Chief of Police;
(C) A representative of the recognized bargaining unit for
certain Police Department personnel, as designated by the
President of the recognized bargaining unit.
(D) A Clergy representative, as designated by the membership
of the Ministerial Association;
(E) A representative from each of the following schools, as
designed by the respective school principles:
( l) Pine Grove Elementary
(2 ) S.D. Spady Elementary
(3) Plumosa Elementary
(4) Banyan Creek Elementary
(5) Carver Middle School
(6) Atlantic High School;
(F) A Youth representative, as designated by the Student
Council of Atlantic High School;
(G) A Citizen-at-large representative, as may be designated
by a community civic organization interested in the
enhancement of the program.
(H) A representative of MAD DADS, as designated.
Section 3. That the members of the said Kids and Cops
Committee shall serve two (2), two (2) year terms. The current members
of the committee shall continue to serve out their terms as previously
set forth and ratified by the City Commission. However, members of the
Kids and Cops Committee shall be limited to two (2), two (2) year terms,
unless additional two (2) year terms are authorized by a majority vote
of the City Commission.
Section 4. Tha t if a vacancy should occur on said Kids and
Cops Committee, said vacancy shall be filled by selection by the person
who selects members for each group, and the said selection shall serve
for the unexpired term of the member position which was vacant.
Section 5. That the City Commission of the City of Delray
Beach, Florida, shall have the authority to approve and ratify all
selections to membership on the Kids and Cops Committee, and the City
Commission shall have the authority to remove any member of the Kids and
Cops Committee from said position whenever a majority of the City
Commission votes for such a removal.
2 Ord. No.
t
. .
Section 6. That the Kids and Cops Committee shall hold
meetings on a regular basis at least once monthly, which meetings shall
be open to the public, minutes shall be kept of all such meetings, and
any special meetings, with copies of said minutes, and any other
reports, to be transmitted to the City Commission and the City Manager
of the City of Delray Beach, Florida.
Section 7. That the duties and responsibilities of the Kids
and Cops Committee shall be as follows:
(A) The Kids and Cops Committee shall be responsible for
program development. The progra~ will be implemented by
. , Delray Beach Pol~ce Departme under the guidance of
Kids and Cops Committee.
(B) Program activities will include educational activities,
field trips, counseling, special events, and athletic
activities.
(C) Through selected program activities, the Committee's
duties will be to strengthen the relationship between the
local youth of our community and members of the Delray
Beach Police Department.
(D) The emphasis of the program will be to instill upon the
local youth of our community methods of improving their
quality of life by discussing such topics as education,
personal responsibility, building self-esteem,
consequences and alternatives to crime and drugs.
Section 8. That staffing for program activities will consist
of volunteer Police Officers numbering no more than ten (10) officers
during any one time. Assignments will be made in conjunction with
individual interests and endorsed by the Kids and Cops Committee. These
officers will serve as role models, instructors and counselors to the
youth representative involved in the program.
Officers will be selected through a process established by the
Chief of Police or his designee. Compensation will be in the form of
compensatory time at the rate of 1 1/2 hours for each hour worked with a
maximum of five (5) hours per week for any officer. Hours worked in a
shift will be considered work related time.
Section 9. That recruitment of participants for the program
will be done by the Kids and Cops Committee in conjunction with
recoll1D1nndations from the Police Department. Possible resources will
incluc;.~ referral from churches, schools, the Parks and Recreation
Department, and citizens.
3 Ord. No.
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Section 10. That the Kids and Cops Committee is authorized
and encouraged to review matters which are of County-wide concern,
including but not limited to the relationship between the local youth of
our community and the Delray Beach Police Department to identify any
concerns and problems of a City-wide basis, to suggest to the City
Commission certain specific programs, guidelines and outlines to address
these identifiable problems, which programs would serve to promote
harmony and communications between the youth of Delray Beach and members
of the Delray Beach Police Department, and to sponsor activities within
the community which shall also serve to promote such harmony and
communication.
Section II. 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 12. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 13. That this ordinance shall become effective ten
(10) days from its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
city Clerk
First Reading
Second Reading
4 Ord. No.
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KIDS AND COPS
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
I i I ,
i ,
, , I !
Agartha Gragg P P A ¡
,
Larry Kramer , I
A A A i
I
Barbara Brown : I
A A A :
I I
Yvonne Odom A P P ¡
I
Curt Lavarello A A A
Ivan Retzignac A A A
Clyde Harris A A A
Rev. L.C. Johnson A A A
Dan Burns A A A
Perry DonFrancisco P P A
Joe Dragon P A P
Jeffrey Miller P A P
Ross Licata P P P I I
I ¡
!
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atten.doc
Charles Ridley has been attending meetings (January, February, March)
as an unofficial member.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Cft?
SUBJECT: AGENDA ITEM # IOD - MEETING OF MAY 3, 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 22-94/
REGULATION OF RESIDENTIAL, INDUSTRIAL AND COMMERCIAL
WASTE
DATE: APRIL 28, 1994
This is second reading and public hearing for Ordinance No. 22-94
which repeals Chapter 53, "Industrial and Commercial Waste", and
Chapter 54, "Sewers", of the Code of Ordinances, and enacts a new
Chapter 53, "Residential, Industrial and Commercial Waste".
The purpose of this ordinance is to prescribe procedures for safe
and sanitary collection of sanitary sewage and other liquid wastes,
to regulate industrial waste pretreatment facilities and discharge
of industrial waste into the Publicly Operated Treatment Works
( POTW) operated by the South Central Regional Wastewater Treatment
and Disposal Board, and to provide for pollutant limitations, data
collection, monitoring and sampling, and to provide penalties for
violation of the chapter. Adoption of the ordinance will bring the
City into compliance with Federal (Environmental Protection Agency)
regulations regarding industrial pretreatment.
At first reading on April 12, 1994, the Commission passed Ordinance
No. 22-94 by unanimous vote.
Recommend approval of Ordinance No. 22-94 on second and final
reading.
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of<
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MEMORANDUM
TO: David T. Harden, City Manager ~
FROM: William H. Greenwood, Environmental Services Director
SUBJECT: FIRST READING OF PROPOSED ORDINANCE NO. 22-94
DATE: April 7, 1994
Ordinance No. 22-94 revises Chapter 53 of the Code of Ordinances
to bring the City into compliance with Federal (Environmental
Protection Agency) regulations regarding Industrial Pretreatment;
repeals Chapter 54 of the Code of Ordinances in its entirety;
and, incorporates surcharges for the following parameters:
0 Ammonia 0 Oil and Grease
0 Biochemical Oxygen Demand
0 Total suspended solids
0 Chemical Oxygen Demand
We estimate that the surcharge will generate $70,000.00 per year
in revenues and keep most restaurants in compliance with
Environmental Protection Agency (EPA) requirements.
On March II, 1994, the EPA performed their annual inspection of
the South Central Regional Wastewater Treatment and Disposal
(SCRWTD) Plant to check for compliance with EPA requirements.
This inspection also included Boynton Beach's and Delray Beach's
Industrial Pretreatment programs.
Five areas of concern were found:
0 The proposed Ordinance to revise Chapter 53 of the Code
of Ordinances had not adopted, as previously
recommended by the EPA.
0 A slug control plan needs to be added on the existing
inspecti.on check lists for industrial users.
(Completed)
0 An Enforcement Response Plan needs to be developed and
implemented. (Completed)
0 Provide average total water use and process flow (GPD)
for each industrial user operating under permit.
(Completed)
0 Publish a list of permitted facilities which have
significantly violated their industrial user permit
requirements between July and December 1993. Typical
violations include discharge of effluent exceeding
permit limits or late submittal of monitoring results.
(Completed; will be published in the Palm Beach Post on
April 8, 1994. )
I
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The list of violators are as follows:
0 Delray Community Hospital - Failure to comply with
reporting requirements of Title V, Chapter 53.085(A).
They were forty five (45) days late submitting their
report and analyses.
0 Elite Platinq - Polishing, Inc. - Failure to comply
with reporting requirements of Title V, Chapter
53.085(A) . They failed to turn in reports and analyses
for 1993.
0 Silver Plating of Delray Beach - Failure to comply with
reporting requirements of Title V, Chapter 53.085(A) .
They were thirty four (34) days late submitting their
report and analyses.
Once we receive certification that this permittee has removed all
chemicals from this location and has ceased all plating
operations using cyanide compounds, their permit will be deleted.
0 Solid Waste Authority of Palm Beach County - Discharges
to sewer in violation of the standards of Title V,
Chapter 53.085 (A) . They exceeded the total iron
discharge requirement.
Solid Waste uses raw well water to clean floors and equipment.
The total iron content in this water ranges from 1.5 to 4.7 parts
per million (p.p.m.). They are in the process of correcting this
situation by placing an iron removal system on their well water
supply. Additionally, the existing standard of three ( 3 ) p.p.m.
for iron is entirely too low. If adopted, the proposed
Ordinance, provides for an increase in the allowable amount of
iron to 10 p.p.m. parts per million.
Messrs. Harvey Vick, Environmental Analyst for Delray Beach and
Willie Williams, Industrial-Commercial Wastewater Co-ordinator
for SCRWTD Board negotiated a thirty (30) day grace period to
correct the five deficiencies; therefore, a "Notice of Violation"
was not issued by EPA. Our deadline, set by EPA, to correct
deficiencies is April 15, 1994.
As indicated, four of the five (5) deficiencies have been
corrected. The only remaining item is the implementation of
Ordinance No. 22-94.
Recommend City Commission approval of Ordinance No. 22-94, on
first reading.
WHG/cl
Attachment
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PUBLIC NOTICE
PUBLIC NOTICE OF SIGNIFICANT VIOLATIONS OF
SECTION 307 OF THE FEDERAL CLEAN WATER ACT
Listed below are industrial or commercial users in significant
noncompliance with the requirements for industrial or commercial users
who discharge to the South Central Regional Wastewater Treatment
Facility. These violations occured during the six month reporting period of
July 1993 through December 1993. Publication of this notice complies
with the requirements of 40 CFR 403.8(f)(2)(vii).
Delrav Community Hospital, 5352 Linton Blvd., Delray Beach, FL,
VIOLATION: Failure to comply with reporting requirements of Title V,
Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter
53. 060(A) , proposed City Ordinance of Delray Beach] and 40CFR403.12
Federal Regulations. Discharges to sewer in violation of the standards of
Title V, Chapter 53.085(A), current City Ordinance of Delray Beach
[Chapter 53. 060(A) , proposed City Ordinance of Delray Beach] and
40CFR403.5(d) Federal Regulations.
Elite Platina-Polishina. Inc., 2858 Georgia St., Delray Beach, FL,
VIOLATION: Failure to comply with reporting requirements of Title V,
Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter
53.060(A), proposed City Ordinance of Delray Beach] and 40CFR403.12
Federal Regulations.
Silver Platina of Delrav, 784 N. Federal Highway, Delray Beach, FL,
VIOLATION: Failure to comply with reporting requirements of Title V,
Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter
53.060(A), proposed City Ordinance of Delray Beach] and 40CFR403.12
Federal Regulations.
Solid Waste Authority of Palm Beach Co., 1901 SW 4th Ave., Delray
Beach, FL, VIOLATION: Discharges to sewer in violation of the standards
of Title V, Chapter 53.085(A), current City Ordinance of Delray Beach
[Chapter 53.060(A), proposed City Ordinance of Delray Beach] and
40CFR403.5(d) Federal Regulations.
,
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ORDINANCE NO. 22-94
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 53,
"INDUSTRIAL AND COMMERCIAL WASTE", REPEALING CHAPTER
54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, AND ENACTING A NEW CHAPTER 53,
"RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE", TO
PROVIDE FOR: PURPOSE; SCOPE; GENERAL PROVISIONS;
DEFINITIONS; COMPLIANCE; DISPOSAL OTHER THAN THROUGH
REGIONAL FACILITIES; PERMIT REQUIRED FOR BUILDING
SEWERS AND CONNECTIONS; ESTABLISHING CRITERIA FOR
WASTES DISCHARGED TO PUBLIC SEWERS; ESTABLISHING
i CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND
COMMERCIAL WASTE; REQUIRING PERMITS AND SETTING
TERMS FOR INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE;
DISCHARGE PERMIT APPLICATIONS; RIGHT TO REFUSE j
I' SERVICE; COMPLIANCE WITH NATIONAL CATEGORICAL i
I
PRETREATMENT STANDARDS; PROTECTION FROM DAMAGE; I
POWER AND AUTHORITY OF INSPECTORS; APPLICABILITY TO
ALL USERS, INCLUDING OTHER LOCAL GOVERNMENTS;
ENFORCEMENT; REPORTING, INSPECTION, AND MONITORING
REQUIREMENTS; PRETREATMENT REQUIREMERTS; INFORMATION
AVAILABILITY¡ ADOPTION OF SIMILAR STARDARDS REQUIRED
OF OTHER "7 AL GOVERNMENT USERS; REQUIRING USE OF
PUBLIC SE~ . . REGULATING PRIVATE SEWAGE DISPOSAL;
.~ ,
REGULATING ILDING AND SEWER CONNECTIONS; PROVIDING
FOR USER '!RGE, CONNECTION CHARGE AND INDUSTRIAL
COST RECO' £tY SYSTEM; PROVIDING FOR APPLICATION OF
THIS CHAP'l"~R; PROVIDING A GENERAL REPEALER, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, ,the City of Delray Beach, as a member of the South
Central Regional Wastewater Treatment and Disposal Board (Board) , is
responsible for the regulation of industrial and commercial waste which
is discharged into the wastewater system which connects to this
SCRWTDB's treatment facility; and !
;
WHEREAS, it is a requirement of the Board to comply with alII
applicable state and federal laws required by the Clean Water Act of!
1977 and the General Pretreatment Regulations 40 CFR, Part 403; and !
I
WHEREAS, ....",e regulations adopted herein will apply to alII
Users of the wast \ter system whether inside or outside the CitYI
limits;
WHEREAS, all local government Users shall be required, withinl
sixty (60) days after enactment of this chapter and notice thereof, tOi
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
)
FROM: CITY MANAGER tJt-/
SUBJECT: AGENDA ITEM 4/: 10E - MEETING OF MAY 3, 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 23-94
AMENDING THE LDR'S BY ESTABLISHING "SPECIAL USE" PROCESS
DATE: APRIL 28, 1994
This is second reading and public hearing for Ordinance No. 23-94
which amends the Land Development Regulations by creating a
"Special Use" process to provide for the replacement of
nonconforming uses with less intense use s . The attached staff
report provides additional background and description regarding the
changes.
The Planning and Zoning Board formally reviewed this item on April
18, 1994, and forwarded it to the Commission with a recommendation
of approval. The Commission considered it on first reading at the
April 19th regular meeting. After discussion, it was the consensus
of the Commission to amend the text of the ordinance by moving the
last sentence of subparagraph (6) , "Transfer of Special Use
Approval", to be the first sentence of subparagraph (7) ,
"Abandonment". Ordinance No. 23-94 was passed, as amended, on
first reading by a 3 to 2 vote (Mr. Randolph and Dr. Alperin
dissenting) . The change noted above has been incorporated into the
ordinance before the Commission on second and final reading.
Recommend consideration of Ordinance No. 23-94 on second and final
reading.
'4o.deÆ
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ORDINANCE NO. 23-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.5,
"PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW SUBSECTION (M), "ESTABLISHMENT OF A
SPECIAL USE"; AMENDING SECTION 2.4.2(B) (1) (e) TO
PROVIDE NOTICE REQUIREMENTS FOR SPECIAL USES;
AMENDING SECTION 2.4.3(K) (1) (i) TO PROVIDE FEES FOR
SPECIAL USE APPLICATIONS; AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION
1.3.1, "PURPOSE", TO PROVIDE FOR EXCEPTIONS
ESTABLISHED BY THE ENACTMENT OF SECTION 2.4.5(M);
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and has forwarded the change with a recommendation of approval;
and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.5, "Procedures for
Obtaining Development Approvals", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended by enacting a new subsection (M),
"Establishment: of a Special Use", to read as follows:
(M) Establishment of a Special Use:
l!l Rule: Pursuant to the requirements of this section, a
new nonconforming use of a lesser intensity may be established
within: (a) a structure which is' currently occupied by a
nonconforming use, or (b) a structure which was previously
occupied by a nonconforming use that has not been discontinued or
abandoned for a continuous period of 180 days.
,
,
Uses established pursuant to this section are considered "special
uses". Once a special use approval has been granted, future uses
of the property shall be of no greater intensity than the special
use.
JÆl Required Information: The applicant shall provide
standard application items pursuant to Section 2.4.3(A). In
addition, if establishment of the special use requires
improvements to a site or substantial changes to existing
improvements, the applicant shall provide a sketch plan showing
the extent of those improvements. At its discretion, the
Planning and Zoning Board may require submission of a site plan
prepared pursuant to Section 2.4.3(B). At the applicant's
discretion, a simultaneous site plan application and special use
application may be filed.
III Procedure: A special use request shall be processed
through the follo~ing sequence:
(a) Receipt and certification as complete. -
(b) Consideration at a public hearing before the
Planning and Zoning Board.
l£l Action by motion of the Planning and Zoning Board
to either approve, approve subject to conditions,
or deny. A concurring vote of five (5) members
shall be necessary to decide in favor of an
applicant with respect to a special use approval.
(d) Issuance of a final written order specifying the
Board's action and conditions, if any.
The authority to permit the establishment of a special use rests
with the Planning and Zoning Board. Appeals of the Planning and
Zoning Board's decision shall be by writ of certiorari to the
Circuit Court filed no later than thirty (30) days after the
issuance of the Board's written final order.
l!l Conditions: Conditions may be imposed pursuant to
Section 2.4.4(C). In addition, the Board may impose additional
conditions on the operation of the use which the Board deems
necessary to mitigate potential adverse impacts on adjacent
properties and uses, and to bring the site into compliance with
the City's Land Development Regulations, fire and safety codes,
and environmental ordinances.
- 2 - Ord. No. 23-94
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'I (5) -Findings: In addition to the provisions of Chapter
! Three, the Planning and Zoning Board shall make the following
I findings prior to approving the special use:
I
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,. (a) That the use is appropriate for the subject site
--- based upon the particular location, design, and/or
orientation of the building that is to be
occupied¡
(b) That the special use is less intense than the most
--- recent use which occupied the premises. In
determining whether or not a use is less intense,
the following factors shall be considered:
traffic, noise, odor, hours of operations, parking
requirements, and drainage¡
l£l That the use will not have a significantly
detrimental effect upon the stability of the
I ne~ghborhood within which it is located, and¡
(d) That the use will not hinder development or
redevelopment of nearby properties.
lit Transfer of Special Use Approval: Approval of a
special use is not transferable. When a business which possesses
a special use permit vacates the premises, future occupants shall
apply for a special use permit, even if the use is the same as
indicated on the previous occupant's special use permit.
11l Abandonment: A special use must be established within
180 days of the date of discontinuance by the previous occupant.
When a special use is discontinued or abandoned for a continuous
I period of 180 days, every subsequent use shall be in conformity
with the requirements for the zoning district in which it is
located.
J!l Modification: Modifications to an approved special use
must be approved by the Planning and Zoning Board. If the Board
finds that the requested modification is significant, then the
modification must be heard as a new special use application. Any
request for a modification may be denied.
- 3 - Ord. No. 23-94
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Section 2. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures" , Section 2.4.2, "Notice
Requirements", Subsection 2.4.2(B) (1) (e), of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(e) Conditional Uses and Special Uses: Notice shall be provided
in the same manner as in Section 2.4.2(B) (1) (b). In
addition, a public notice shall be published in the legal
section of a newspaper and shall appear at least ten (10)
days prior to the hearing before the Planning and Zoning
Board.
Section 3. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.3, "Submission
Requirements", Subsection 2.4.3(K), "Fees", Sub-subsection
2.4.3(K) (1) (i), of the Land Development Regulations of the Code of
Ordinances of the City.of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(i) ~UMK
Special Uses, New application $ 500
Special Uses, Modification $ 200
Section 4. That Chapter One, "General Provisions", Article
1.3, "Nonconforming Uses, Lots, and Structures", Section 1.3.1,
"Purpose", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 1.3.1 Purpose:
(A) Within the zoning districts established by Chapter
Four, there exist lots, structures, uses of land and structures,
and characteristics of use, which were lawful before the passage
of said Chapter Four but are now prohibited, regulated, or
restricted. It is the intent to allow such nonconformities to
continue until they are removed, but not to encourage their
continuation. Nonconformities shall not be enlarged upon,
expanded, extended, or used as grounds for adding other
structures or uses prohibited elsewhere in the same zoning
districtt, except as provided in Section 2.4.5(M).
- 4 - Ord. No. 23-94
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(B) Nonconforming uses are declared to be incompatible with
uses allowed in the zoning districts involved. A nonconforming
use of a structure, land, or structure and land in combination,
shall not be extended or enlarged, either by erecting additional
signs, adding additional square footage to a structure, or adding
other uses of a nature which would be prohibited in the zoning
district involved', except as provided in Section 2.4.5(M).
(C) To avoid undue hardship, nothing herein shall require a
change in the plans, construction, or designated use of any
building on which actual construction has been carried on
diligently. Actual construction shall include the placing of
construction materials in permanent position and fastened in a
permanent manner. Where demolition, excavation, or removal of an
existing building has been substantially started preparatory to
rebuilding, such demolition, excavation, or removal shall be
considered actual construction, provided the work is carried on
diligently, and the development becomes established pursuant to
2.4.4(C) .
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day 0 f , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 5 - Ord. No. 23-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CI~AG~
' .e
FROM: DIANE DOMINGUEZ, 'u..
'DIRECTOR OF PLANNING NING \~ ~
SUBJECT: MEETING OF APRIL 19, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of text amendments related to nonconforming uses.
B A C K G R 0 U N D:
These amendments are a result of work done by the Planning and
Zoning Board subcommittee on nonconforming uses. The amendments
provide for the establishment of a special use process, which !
will allow nonconforming uses to be replaced by those that are
less intense, after review and approval by the Planning and
zoning Board. A draft ordinance was presented to the City
Commission at its workshop meeting of March 15, 1994. The
Commission suggested the addition of restrictions which would
prevent the automatic transfer of a special use approval from
one business to another. That language has been added to the
revised ordinance. The attached Planning and Zoning Board staff
report provides additional background and description regarding
the changes.
PLANNING AND ZONING BOARD :ONSIDERATION:
The subcommittee presented its report and the draft ordinance to
the full Planning and Zoning Board at its workshop meeting of
February 14, 1994. The Board recommended minor changes to the
ordinance, which were made prior to its presentation at the City
Commission workshop in March. The P & Z Board will formally
review the amendments at the meeting of April 18, 1994. The
Board's recommendation will be forwarded to the City Commission
during its consideration of the amendments.
R E COM MEN D E D ACT ION:
By motion, approve the attached amendments creating LDR Section
2.4.5(M): Establishment of a Special Use; modifying Section
2.4.3(K)(1)(i) to provide a fee for a special use application;
modifying Section 2.4.2(B)(1)(e) to establish notification
requirements for special uses; modifying Section 1.3.1(A) and
(B) to provide a reference to the special use process; and
modifying Section 1.3.6 to increase the maximum amount that
can be expe-ded on repairs to nonconforming structures/uses from --
10% to 25%.
Attachments:
* P&Z Staff Report & Documentation of April 18, 1994
* Ordinance by others
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 18, 1994
AGENDA ITEM: V. E. LDR AMENDMENT RE: NONCONFORMING USES
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a proposed
amendment to the Land Development Regulations regarding
nonconforming uses. The amendment creates a "Special Use"
process which allows for the replacement of nonconforming
uses with less intense uses.
BACKGROUND:
Several months ago, the City Commission directed the Planning
and Zoning Board to study the City's policies regarding
nonconforming uses and structures. There were two aspects of
the issue that the Commission wanted the Board to address: 1)
the continuation and/or replacement of nonconforming commercial
uses, and 2) the rebuilding of nonconforming structures
(especially high density residential buildings) in a
post-disaster situation.
The Planning and Zoning Board established a subcommittee to look
into these issues in detail. Staff prepared inventories of
nonconforming uses and structures throughout the City (including
nonresidential uses citywide, and residential uses east of
Federal Highway) , in order to assess the extent of the
properties that are affected by the existing limitations on
nonconforming uses and structures.
After studying the issue for several months, the subcommittee
prepared a report and recommendations for review by the full
Planning and Zoning Board at its meeting of February 14, 1994.
The Board endorsed the committee's recommendations with minor
changes, and presented the item to the City Commission at the
workshop meeting of March 15, 1994. The consensus of the
Commission was that the recommendations regarding the
continuation and replacement of nonconforming uses should be
brought back as a text amendment, with certain restrictions
added to the language. The Commission also supported the
Board's recommendations regarding the reconstruction of
nonconforming residential structures in a post-disaster
situation, but recommended additional study as to the
application of that policy to commercial structures and uses.
I
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P & Z Memorandum Staff Report
LDR Amendment Re: Nonconforming Uses
Page 2
ANALY;.S:
The attached ordinance relates to the first issue only: the
replacement of nonconforming uses through the "special use"
process. . It implements the following changes:
1) Adds a new section, 2.4.5(M) to the LDRs, which
establishes the special use process;
2) Amends section 2.4.3 (K) (1) (i) to provide a fee for
a special use application;
3) Amends section 2.4.2(B)(1)(e) to establish
notification requirements for special uses;
4) Amends Article 1.3 , Nonconforming Uses, Lots, and
Structures to provide language which refers to the
special use process; and
5) Amends section 1.3.6, Repairs and Maintenance, to
increase the maximum amount to be expended on repairs
to nonconforming structures from 10% to 25%.
The amendment establishes a process that will allow for the
replacement of an existing nonconforming use with another less
intense nonconforming use. Uses permitted in this manner are
called "special uses," to be allowed only under limited
circumstances.
A special use request would be reviewed through a process that
is similar to rtat of a conditional use request, with
notification of diacent property owners and a public hearing
before the Planni¡ :J and Zoning Board. A concurring vote of at
least five (5) Board members would be necessary to approve the
use. The Board's action on special use applications would be
final; any appeals would be made to the Circuit Court.
The ordinance provides that in order for a special use to be
approved, the Board would have to make a specific finding that
it is le.. intense than the use which currently occupies the
premises, in term. of traffic, noise, hours of operation, etc.
Specific findings are also required as to the appropriateness of
the use at the proposed location, and its potential impacts on
adjacent uses. The Board could impose conditions on the
approval, and could require that the site be upgraded to present
standi? is.
As re :sted by the City Commission, language has been added to
the or~ginal draft of the ordjance to place certain limits on
the continuation of special u~, 'as. Special uses approvals are
not transferable from one business to another, even if the uses
are the same. A special use which is discontinued by one
operator may not be reestablished by another without first going
through the special use application process again.
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P & Z Memorandum Staff Report
LDR Amendment Re: Nonconforming Uses
Page 3
RECOMMENDED ACTION:
By motion, recommend to the City Commission approval of the
attached amendments to the following LDR sections:
1) Section 2.4.5(M), addition to the LDRs which
establishes the special use process;
2) Section 2.4.3 (K)(l)(i) to provide a fee for a special
use application;
3) Section 2.4.2(B)(1)(e) to establish notification
requirements for special uses;
4) Section 1.3.1(A) and (B) to provide language which
refers to the special use process; and
5) Section 1.3.6, to increase the maximum amount to be
expended on repairs to nonconforming structures from
10% to 25%.
Attachments:
* Proposed text amendments as listed above
DD'T&PZNCRPT.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tiJ1-1
SUBJECT: AGENDA ITEM # 10 F - MEETING OF MAY 3, 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
25-94/PREQUALIFICATION OF BIDDERS
DATE: APRIL 28, 1994
This is second reading and public hearing for Ordinance No. 25-94
which amends Section 36.06, "Competency in Bidding", of the Code of
Ordinances to allow for the pre qualification of bidders on City
construction projects.
The Commission passed this ordinance on first reading by unanimous
vote at the regular meeting of April 19, 1994. At that time there
was some discussion on the prequalification guidelines and
criteria. The City Attorney advised that the method used for
prequalification must be unobjectionable and must not promote
favoritism among the bidders, nor can the prequalification
guidelines be arbitrary or capricious. For each construction job
that the City wants to prequalify bidders on, the guidelines will
have to be examined closely to ensure that contractors are not
unfairly excluded from the bidding process.
Ordinance No. 25-94 puts in place the ordinance by which the City
will have the authority to prequalify bidders. The guidelines for
pre qualification of a contractor will be reviewed on a case by case
basis, and revised as necessary to accommodate a particular
project.
Recommend approval of Ordinance No. 25-94 on second and final
reading.
p~6/0
ref:agmem017
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elf
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£1" DF DELIAY BEAEH \
DELRAY BEACH DELRAY BEACH, FLORIDA 33444 407/243-7000
f l 0 . I 0 4- 100 NW. 1st AVENUE . .
...... 6/0
AI~America city
, III I! MEMORANDUM P~llq IC¡~
1993
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM' ~CITY COMMISSIOl,f ,M!i.aAJ?RJ:L 14, 1994
APPROVAL FIIUW READING ORDIRABea"f';:' 2.."" , .
PREQUALIFICATIONS OF BIDDERS/CONSTRUCTION PROJECTS
DATE: April 15, 1994
ACTION
City Commission is requested to approve on first reading
Ordinance # ~S -94 which would allow the City to prequa1ify
bidders for construction projects. If approved, second reading
and public hearing would be held on May 3, 1994.
BACKGROUND
City Commission had requested staff and the City Attorney to
research the possibility of prequalifying bidders for the Golf
Course Clubhouse project. The City Attorney has completed her
research and has determined that we can prequalify bidders,
provided we have an ordinance in place, and that we set forth
nondiscriminatory criteria for prequalification. Attached are
copies of suggested prequalification criteria, as well as
submittal forms. Staff still needs to review the criteria and
forms with Mr. Bridges. Some adjustments may need to be made.
If this ordinance is approved we would advertise the
prequalification, receive input and review, then make a decision
as to those that are prequalified. Bids would not be
advertised. Specifications would be sent only to those
prequalified.
This ordinance is proposed at this time in order to meet our
project schedule.
RECOMMENDATION
Recommend approval of ordinance on first reading, to be
effective immediately upon passage on second and final reading.
RAB : kwg
Attachments
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS /;., ~
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To: ,.~t:~...¡¡;:;;.;;;~1II"-
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. Yerí J>vt.(I-fJt¡""J /j-f-- ~ APR 14 19Q,1
[IT, DF DELAAY BEA[H r
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CITY ATTORNEY'S OFFICE 200 NW IsI AVENUE' DEL RAY DEACH. FLORIDA 33444
FACSIMII.E 4011278-4755
MEMORANDUM
DATE: April 13, 1994
TO: City Commission
David HardF , City Manage~
FROM: Susan A. Ruby, City Attorn
SUBJECT: Prequalification of bidders
You asked the following question of whether the City could
require prequalification of contractors before they bid on the
new golfcourse clubhouse. It is my opinion that the City can
require prequalification of bidders, with an amendment to our
ordinances.
The prequalification guidelines and techniques must be
rationally related to the requirements of the particular job
that is being bid on. The method used for prequalification
must be unobjectionable and it must not promote favoritism
among the bidders. City of Opa-Locka v. ~rustees of Plumbing
Industry Promotion Fund, 193 So.2d 29 (Fla. 3d DCA 1966). The
prequalification guidelines must not be arbitrary or
capricious. If the guidelines are shown to be arbitrary or
capricious, then they could be struck down as being
unconstitutional. For each construction job that the City
wants to prequalify bidders on, it will have to examine closely
the prequalification guidelines to make sure that contractors
are not being unfairly excluded from the bidding process.
Our office has prepared a proposed ordinance (attached), which
woulc allow for the prequalification of bidders on City
const uction projects. Also, attached are ~ome proposed
guidelines for prequalification of a contra t.or for the
golfcourse clubhouse as well as a proposed bidder
prequalification form.
SAR:ci
cc: William GreerNcod, Director of Environœntal Services
Jose Aguila, Asslsqmt Construction Manager!ARC:I
Ted Glas. Directar of Purchas1ng
ORDINANCE NO. 25-94
, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE;
CITY PROPERTY TRANSACTIONS", SECTION 36.06,
"COMPETENCY IN BIDDING", OF THE CODE OF ORDINANCES OF
THE CITY OF DEL RAY BEACH, FLORIDA, BY AMENDING THE
HEADING OF 36.06 AND BY ENACTING 36.06(B) TO PROVIDE
FOR THE PREQUALIFICATION OF BIDDERS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to insure that only competent and qualified
contractors will bid on City projects.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property
Transactions", Section 36.06, "Competency in Bidding", of the Code of
., Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by amending the heading of Section 36.06 and by adding
subsection (B) to read as follows:
Section 36.06 Competency in Bidding; Prequalification of Bidders
(A) Competency in bidding is defined as being able properly
to demonstrate trade or industry proficiency, standing, and
I qualifications, and the financial ability to deliver the goods or
to complete the contract as executed, together with the
submission of a bid which, in every respect, fully meets and
complies with the terms, conditions, and specifications, or
stated alternatives thereto, which were made a part of, or which
are inherent in, the invitation to bid.
(B) The City of Delray Beach may require prequalification
of bidders on City construction projects.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
!
I PASSED AND ADOPTED in regular session on second and final
j
, reading on this the day of , 1994.
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MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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- 2 - Ord. No. 25-94
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MINIMUM CRITERIA TO BE USED IN PRE-QUALIFYING CONTRACTORS FOR
THE DELRAY BEACH GOLFCOURSE CLUBHOUSE
I. CONTRACTORS BUSINESS INFORMATION
No Minimum Criteria as to type of business.
II. SURETY COMPANY
Contractor must have adequate bonding capacity to provide
for 100' Performance and Public Construction Bonds for
this project. A letter from the Surety Company is
requested as evidence of the above with a minimum of 1
million dollars for a single project.
Surety Company must carry an industry rating (per Best's
Key Rating Guide) of "A-IX" or higher. The Surety Company
shall have a resident agent, licensed and having an office
in Palm Beach, Dade, Broward or Martin Counties, Florida,
to execute and issue the bonds.
III. EXPERIENCE
Minimum experience requirements as a prime contractor
responsible for the complete construction of a new
building:
A. The firm(s) must have successfully completed at least
one recreational type building (ie, clubhouse, hotel,
or similar use building) project, with a total
construction cost of at least $1,000,000; and
B. The firm(s) must have successfully completed at least
one governmental or commercial building construction
project with a total construction cost of at least
$1,000,000.
C. Thefirm(s) must demonstrate experience of the key
personnel assigned on-site, as individuals or in
combination, with the following minimum experience:
1. Recreational type building over $1,000,000; and,
2. Construction experience on at least one
governmental or commercial construction project
over $1,000,000.
IV. LITIGATION
A. Not be involved in current or pending litigation
which, in the opinion of the City, is likely to have
a material negative impact on their ability to
execute this project.
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B. Not, in the opinion of the City, display an
undesi~able pattern of litigation with Owners over
construction matters.
V. SAFET-Y RECORD
The firm(s) must, in the o~inion of the City, have an
adequate safety record. Adequacy will by judged through
the review of OSHA citations and insurance experience
modification factor.
VI. FLORIDA LICENSE
The firm(s) must have a valid Florida General Contractor's
License.
VII. FINANCIAL CRITERIA
The firm(s) must, in the opinion of the City, have a
financial record that will enable the firm(s) to complete
the project.
r:\txtl\guidbid.rbs
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BIDDER PREQUALIFICATION FORM
JOB OR PROJECT ON WHICH THIS BID IS BEING SUBMITTED:
Submitted To:
Location:
Date Submitted:
Submitted By:
Name and address of organization or firm:
Definitions:
All references to "you","organization" or firm appearing in
this document refer to the person, organization or entity
submitting this bid.
.
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1. How long have you been in your current business?
2. Have you ever used any other names for your organization
than the one you have listed at this time? If so please
list the names and the time period that you used them.
3. Depending on the type of organization you have please
answer the appropriate questions.
Corporation:
Date of incorporation -
State of incorporation -
President's name -
Secretary's name -
Treasurer's name -
List names of your directors -
,
Partnership:
Date organization formed -
Type of partnership (ie. general, limited or other) -
Name of partners -
Other orqanization, sole proprietorship, etc.:
Date organization was formed -
Name of owner(s) or principal(s) -
4. Is your organization legally qualified to do business in
the State of Florida and the County of Palm Beach? Please
attach any applicable license or registration.
5. List the projects or jobs that you have worked on in the
past that most closely relate to the project that you are
bidding on now. Provide the names and addresses of the
projects, and the dates you performed work on these
projects.
~
6. If you have ever failed to complete a project or job
please list it along with any applicable reason for such
failure.
7 . List all of the pending or outstanding lawsuits,
judgments, or any other action in which a claim has
arisen against the organization or any of its officers,
partners or owners.
I
8. List all lawsuits or claims filed on behalf of your
organization in regards to construction or vendor
contracts within the past five years.
9. List the major construction projects that your
organization is currently working on and the expected
completion date.
/
10. Provide a financial statement, audited, for the
organization submitting the bid, and include in the
financial statement a list of the following: all assets,
all liabilities, name and address of the person or firm
preparing the financial statement.
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11. Attach Schedule G listing any OSHA citations and any fin&_
that may hav~ been imposed on your company or organization
in the past five years. If bidder is a joint-venture or
partnership, list citations for both firms.
12. State your current Insurance Experience Modification
factor.
13. List at least five (5) business references:
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14. List at least two (2) bank references:
15. List the name of the bonding company that you intend to
use.
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Dated, this day of , 199 -' by
as representative of
.
being duly sworn deposes
and says that the information provided herein is true an
sufficiently complete so as not to be misleading.
Subscribed and sworn before me this day of
, 199 - .
Notary Public:
My Commission Expires:
R:\txt1\bidder.rbs
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ERIES ..
. .... CITY OF OPA-LOOXA T. TRUSTEES OF-PLUMBING IND. PRO. F. Fla. 29
"',ï
\1
Cite ... J'IL. 1113 80.24 :!II
the bank' and committed him financial transactions between the hus- 29 So.2d 18; and the annotations app~ar-
imprisonment in the county band and wife and in finandal trans- ing in 136 A.LR. 715.
ereupon sued out writ of ha- ,4" actions between the husband and wi fe
¡rectly in the Supreme Court, ~ on the one part and the Bank on the other In the ca~e sI/b jltáict!, the respondenf
1t such payments tl) the bank, part. Judge had alrc:1dy cited petitioner for con-
ided for in the final decree- tempt of Court and had set a hearing for
case, was not a proper sub- The decree in this reg:1rd constitutcd the purpo~e of determining the merits of
r the contempt order and that no more than thc adjudication of a ci\'il the proceedin~ which, under the foregoing
tion was void. There was liability to a party who was not a parly :mthoritic!', he was without power or juris-
presented to the Supreme to the suit and, therefore, was not bound dicticn to adjudicate.
lestion now here invoh·ed. b)' it. Or"inaril~', therefore, issuance of the ah-
IC added feature, common to- We ha,·e consillerell thc cases cited in slllnte rule in prohihition would auto-
1 case and the instant case, brief for the respontlcnt JUllge but tlu not lI1atically follow, but in this case we arc
I decree, providing for the find them in point. slife .hul¡:e Phillips will follow thi!! opinion
It to the third party creditor, and the formal issuance of the absolute writ
:rms of a propert)" settlement Tire decrt'e l>dll!l (lilt! ""q"iri,,!! fI,,· will aecunlingly be withhc:ld.
\Veen the parties). pa"/IIe"t of /J debt tlrel' ¡{lit! I,) II Il,inl
þartJ' is "ot a dt'cree fllllt fila." be CII- lt is so onll·red.
~ the issue involved. the Su-
IJ Calm held as follows (text forcrcl by f'rClCC'el/i"!ls ill clI,,'rlll/,I.'· ..\ I./.E:\, C. J.. anti Ut.ES, J.. concur.
(Emphasis su('plied).
~ U!ØS flol /J tarty to tl.~ slIit [4,5] "ProhitJitioll" is that pmcr!\s Ioy
Balik /J þ/Jrty to tllc agret!- .. which a !\UI)("finf Ctlurt prc\'cnts an inft'rior
(U t/¡~ r~cord sl.ott's. That ::": COL; rt or tribunal from exceeding its j 11-
~
lecree requiring the p~ment .. risdiction or usurping jurisdiction with
of $50. with accrued interest ·t which it has not been vested hy I",v. State
5 therein referred to to be ~ Co'!: rei. Flori<L"\ Real Estate Commission
:i CITY OF OPA-LOCI(A. a munlclpat
15th day of each and every " v. Anderson, Fla.App.I964, 164 So.2d 26:;;
after was simply a decree State e:oc rel. O'Donl1ell v. Hall, Fla.App. corporation, Appellant.
bert B. Calm to pay a debt 19C5~, 175 So.2d i92. It is an extraordinary v.
lS already obligated to pay. writ because it ollly issues when the parly TRUSTEES OF the PLUMBtNG tNDUSTRY
ali,nony, nor was it suit seeking it is without other alkqllllt.: means PROMOTION FUND, a trust fund, A. M.
: position of the Bank has of redress for the wrong aùout to be in- A. Engineering and Construction. Inc., a
Florida corporation. and Harry Pepper "
anged either by the agr~e- flieted by the act of the infcrior tribul1:¡1. Associates, I nc., a Florida corporation, Ap-
1 the parties thereto, nor State e:oc rei. Ferre v. Kehoe, Fla.Apl'. pellee.. .
: the Court in regard to :.;~ 1965, li9 S02d 403. .
No.~52.
the money to the Bank.
the obligation of Cahn to [6] In cases cited in Scusscl v. Kelly. District Conrt of Appelll of Florida.
"
edified or changed by the ., Fla.App.1963, 152 So.2d i67. it was held 'l'hird DIslrlct.
. by the decree. Section 16 that prohibition is an :1ppropriate reined)" Dec. 20, 1000.
ration of Rights, Constitu- to prevent judicial action when the judge i!
idã, provides: without jurisdiction to act in a cause, and
shall be imprisoned (or debt, may be sPecifically invoked ~g:1inst a judge Proceeding on appeal (rom a (inal de-
es of fraud.' when a part)· is about to be cited for con- cree of the Circuit Court, Dade Count)",
.... tempt on tbe: basis of acts which could Hal. P. Dekle. J., enjoining dt), (rom rec-
in regard to the parment of Dot constitute contempt o( court. See State ognizing bid of contractor on contract to
) the Bank was not based ex reI. McGregor '.. Peacock, 1934. 113 install cemetery sewer house: services. The
..
Idtal duty of the husband Fla. 816, 152 So. 616; State ex rei. Hill District Court of Appeal, Hendry, C. J..
~. was based upon civil (, v. Hearn, FIa.195i, 99 50.2d 231; State ex held that county code pro\'ision requiring
'"j
'u. :1 it is true that the lin- .i rei. Gary v. Dnvi~, 1922, 83 FIn. 4:?:? 91 So. that bidder be certified as competent prior
to have had it dgin in 267· Giblin v. State. 1S14i, 158 Fla. 49(1, to bidding on public works project was not
,
.
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~~:¡:".:: :"
'-i ¡. f'tp.
~~~ ~ :'~l' ,. ,.193 SOU~.Iltàf.lf. REPORTER;. ~ :SERIES
~r1 30 Fla. ,
,~~,1',:
';-·i~d .,
I:: ,.:";.; invalid as unreasonable restriction on corn- S. Municipal Corporations *="237
,"
petition or as violation of public policy. County code provisiol' requirinft that
Decree affirmed. bidder be certified as competent prior to
bidding on public works project wns not
im'alid as unreasonable restriction on com-
I. Statutes <iÞ200, 203 petition or as violation of rllblic polic~'.
Where te"t of act reflects clear Ic¡;is- F.S.A. §§ 180.01 ct seq., 10024.
I;ltive intent. sllch intent may be effcctllatcd 9. Municipal Corporations e=330(3)
Io~· supplying word inadvertently omittcd
aliI.! correcting clerical errors. Cit}" cOllld /lot wai,'c necc$..;ity of pllhlic
works project bil.!dcr having certificate
2. MunIcIpal Corporations e::>330(1) of competency prior to bidding, as reqnired
Cit}· cJlarter provisions that expcntli- hy provision of eOllnty coo(", as immateri¡¡1
tnres for materials and suprlies shall he violation in ~pec:ifications for competitive
made on basis of scaled competitÏ\·e bids bidding. F.S.A. §§ 180.01 et scq., 180.24.
are designed to secure fair competition on
<'IllIal tcrms for aU bidders, to a"oid fa"or- .
itism anti to sccure public impro\'cmcnts at Albert 1. \Veintraub, Mi;lIni, {or appel-
lowest }Iossihle cost to ta....q);1)"ers. lant.
3. MunIcIpal Corporations C¡;:::0330(1) JuSellh J 1. Kalllan, Frcù PalrO)~. Miami.
All (lenolls or corporMions h:\\"ill~ fur a(lpellees.
ahility to furnish supplies or l11ateriais
needcd or to perform \York to be done for Defore HENDRY, C. J., :lnd PEARSON
municip.-tlity should be allowed to COni pete and CARROLL, JJ.
f reel)' without unreasonable restrictions.
4. MunIcipal Corporations e:>235 HENDRY, 01ief Judgc.
Where competitive bidding is required. Dy its final decree, the lower court en-
ordinancc which unduly limits number of joined the City of Opa-L.oeka from rccog-
'-- bidl.!ers thus tending to increase cost 0 f nizing the bid of Harry Pepper & Asso-
work is ,·oid. and in addition, such ordi- ciates, Inc., on a contract to install cer-
nances arc: "oitl on constitutional ground tain sanitary sewer house: services, known
of discrimination. as Project No. 1002.
. .
.5. MunIcIpal Corporation. e:>231 On March 11, 1966, the city of Opa-Locka
Attempts to qualify bidders for mu- advertised {or bids on Project No. 1002.
nicip.-tI contracts prior to receipt of bids The bids were {orm.-lIly opened and it W:lS
,are sllst.-1in:lble as long as method of pre- found that Harry Pepper & Associates.
< u;¡lification is unohjectionable. Inc., had made a substantially lower bid
than any other bidder. It was further
6. MunIcipal Corporation. (;;::>237 noted that Pepper did not possess a "Cer-
rrocedure of prequalif)"ing bidders for tificate of Competency" from Metropolitan
municipal contracts must not be scheme: to Dade County.
promote favoritism ¡¡moog bidders but must The city permitted Pepper to obtain a
treat all alike. ccrtificate and then passed on first reading
7. Evidence *="32 an ordinance accepting the bid of Pepper.
A meeting of the city commission was
District Court o{ Appeal cannot take scheduled for June 3, 1966 {or the purpQ~e
judicial notice of municipal ordinances. of final reading of said ordinance.
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CITY OF OPA-LOCXA T. TRUSTEES OF PLUMBING IND. PRO. F. Fla. 31
, ate ... J'Ja.. 1113 80.24 . ..
S· ..";. ~:...,
Immediately preceding the meeting issued by the appropriate e."tamining
ttlo.. ~237 A. M. A. Engineering and Construction, board, qualifying said person, firm, cor-
rovisiol1 requiring that Inc., - the second lowest bidder, and the poration or joint-venture to perform
as competent prior to trustees of the Plumbing Industry Pro- the work proposed by the bid and con-
motion Fund, a non-profit trust established tract documents." [Emphasis added.]
¡vorles project was not in' Dade County for the purpose of im- iI :
lble restriction on com- f· I
,proving the plumbing industry, filed thcir [1] The chancellor substituted the word t' ~
ation of public policy. fl '
complaint for emergency injunction. "on" for "or" as it appears in the phrase " !
seq.; 180.24. "proffer a bid or any public works project". ¡HI'
The chancellor found that § 10-3(b), ~. I
:md the word "of" between the words '., .
I.
ItlO.' 4S=>330(3) Code of :.Ietropolitan Dô1dc COllnty makes "time" and "such" in the phrase "at the T
! I
'aÍ\"e necessity of public it unlawful for an)' person, firm. corpo- time such bid". 'Ve believe that the intent :'1
ier having certificate ration or joint-venture to bitl or proffcr of the section is clear, i. c.. 10 require as :¡!I
to bidding, as required a bid on any public works project. IInless a condition precedent to bidding on any '; ;)
oty code, as immaterial such bidder holds an appropriate eertifi- public works project that the bidder hold
:ations for competitive cate of cOD1~tency 1 lIalii)'in¡: him to per- a \'alid certificate of competency. '''here, ,;!I
180.01 et seq., 18024. form the work proposed by lhe bid. The .:¡
as here, the tc."tt of the act reflects the L~
chancellor also found that this section is a clear legislative intent, then this intent may 'II
" vô1lid legislative enactment which lhe cit)· ¡¡
. .. he effectuated by supplying the wortls in- ,.
could not lawfully wah·e. Since it was ad- 1
aub, Miami, for appel- ~ :lth'ertently omitted and correcting clerical 1
mitted that Pepper did not JlOs~e!ls such a errors.1
certific:\te at the lime it submilted a bid. ~
11
t, Fred Patrox, - Miami, the chancellor found that Pepper was not "
[2,3] Section 2-19(a), Charter of the )
qualified to bid on Project No. 1002. Cit~· of Opa-Locka provides that, "All
., C. J., and PEARSON The city contends that § 10-3(tJ), supra, expenditures for supplies, materials. equip-
as written contains missing words or granl- ment for contractural services, e."Cce lt for
matieal errors which renders it meaningless. professional services, amounting to more :1
I The city also contends that the lower than One Thousand Dollars shall be made
: Judge. court's construction of § 10-3(b) renders on the basis of sealed competitive bids."
this section unconstitutional as :\ restraint Provisions such as this are designed to
~, the lower court en- of competition in bidding on public works secure fair competition on equal terms for
)pa-Locka from recog- and violates the public policy of the State all tJidders, to avoid favoritism and to se-
Iarry Pepper & Asso- ~f Florida. It further contends that § 10-3 cure public improvements at the lowest
~ontract to install cer- (b) is void insofar as it contra'\"enes chapter possible cost to the taxpayers.:: "All per-
house services, known 180, Fla.Stat., F.S.A. and that § 10-3(b) sons or corporations having the ability to
may be waived by the cit)·. furnish the supplies or materials needed,
i, the city of Opa-Locka or to perform the' work to be done should'
See. 10-3(b) Code of Metropolitan Dade be: allowed to compete freely without un-
on Project No. 1002. County (Ord. No. 64-59. § 3, 11-24-(4), rea~onable restrictions.'IJ
tally opened and it was as written, is as follows: "
Pepper & Associates, The city argues that if a certificate of ~~
substantially lower bid "Any person, firm, corporation, or competency is a condition precedent to
ider. It was further joint venture who shall bid or proffer bidding then it is an unreasonatJle restric-
lid not possess a "Cer- a bid or any public works project shall, tion on competitive bidding because its
ICY" from Metropolitan at the time such bid or proffer of bid. effect is to limit competition for public
hold a valid certificate of competency works projects within Dade County to
.
!d Pepper to obtain a I. Anutroac ,.. Clt1 of ~w:lter. Fla. (1D30) ; lo{a;re. PriDt1nC COmpllD1 Y.
passed on first reading 1003. lu. S~¡J 422; 00 Am.Jur. St:ltutes FloW'en, Fla..App.1D63. 1M So~d 85D.
ing the bid of Pepper. S 284. 3. 10 McQulUla. 10lunicipaJ Corporlltioaa I
city commission was 2. Robert G. LnlSiter «. Co. T. Tnylor. 00 :ro.44 (3n1 ed. 1000).
i, 1966 for the purpose I'1a. 819. 128 So. 14. GO A.L.R. OS!)
, said ordinance.
,."~."._..,
.
.
32 Fla. 193 SO~ REPORTER. 2d SERIES
business firms regularly doing business in Chap. lBO, FIa.Stat., F.S.A. is the bas
this area. of the authority for a municipality to rt
quire its citizens to connect to its sanitar
[4,5] Where competitive bidding is re- system. § lB024 Fla.Stat., F.S.A. require
quired. any ordinance which unduly limits competitive bidding for contracts for COI
the nantber of bidders thus tending to in- struction of any of the utilities mentiom'
crease the cost of the work is void; in in chapter 180. \Ve have previously d,
addition, such ordinances are void on the terntined that on its face, § 10-3(b) supr.
constitutional ground of discrimÎl¡;¡tion.4 docs not cont fa vene a statute rC111l1 rI 11
However, attempts to qualify bidders prior compctitÎ\'e hidding.
to the receipt of the bids ha"e heen sus- Fiuall~', the city :ugues that it m~
tained as long as the method of prcqualifi-
cation is unobjectionable.1I By statute, waÌ\'e the necessity of a bidder h:\\'in~
cities in New York having a )'IOPlllation certific:lte of competency prior to biddil1
of one million or more may restrict ùidding as :In immaterial "iolation in specificatiol
to those who shall have qualified prior to for compctitÌ\'e bidding. The city )'lOin
the receipt of bids according to stand:lrds Ollt that the low bidder on Project N.
fixed by the board of education.' 1002 was able to secure sllch a certific:l;
a Cler submitting its bid.
[~] The objective of § 10-3(b) Code [9] To allow the city to permit bidd<:
of Metropolitan Dade County is reasonable to <Jualif~' after their bids are accept,
insofar as it limits bidders to tbose who arc
responsible and competent. On its race. wonld circlln1\'cnt the intent of § 10-3(1·
§ l0-3(b) does no more than require that It wOIII,1 also be an unfair advantage 0\"
a bidder be certified as competent prior those who I11l1st prequalify. If the cit}· m:
to bidding on a public works project. The in its discretion waive this section it WOI1
procedure of prcqualifying bidders must be conducÏ\'e to favoritism by allowing son
, not be a scheme to promote favoritism bidders to qualify :1Íter their bids arc ;¡
among bidders, but must treat aU alike. cepted while refusing to consider bids '
The record before us does not reflect the others on the ground that they did n
proœdure whereby Dade County pre- prequalify.·
qualifies bidders. We can not take ju- Having determined lh3t the decree '
! dicia1 notice of municipal ordinances.T We the chancellor is without error. it is a
haft, therefore determined that the chan- . firmed.
eeJ10r was correct in finding that § 10-3(b), .
supra, is a valid legislative enactment. Affirmed.
: .,
4. ADderson T. Fuller, 51 FlA. 380. 41 ~f). 000. 70 A.:M 621 (1!)OO); nnrri~ Y. City
084. 0 L.R.A..N.S.. 1026 (1900); 10 A1I.," of I'hitacJclt,hin. 200 l'a. 473, 140 A. 'j:!~
QaiDiD, op.cit. supra note 3 S 2O.4S. (1030).
S. WilUnm A. Carey & Co. 1". DorouCh of 6. N.Y.Educntioa rAW, McKiaacy's Con~ol.
Fair Lawn. 37 N..r.supcr. 150. 117 A.2t1 LnWII. c. 10, I 21)00, subeI. 12; Apt1licn·
140 (1055); AppticntioD of Carilto Con- tiOD of Cuilto Construction COrll., IU(lr:1
8tmCtiOD Corp.. 30 Miac.2cJ 1~. 221 N.Y. Dote G.
, ."." 8.2cI OM (1001) modified OD othor
I', pounds CuÍ8C!O CoDllt. Corp. v. RllbiD. 7. State ex reI. Kay v. City of Miami. 1:;S
I", 11 A.D.2d 561. 222 N.Y.S.2d DDS aff'd 10 FlA. 26, 2j So.:!d 413 (1046).
. .
. ¡." N.Y.2d 538. 225 N.Y.S.2d 002, 180 N.E.
211 794; ApplicntioD of Pipe & EDrinecr. 8. :r. Turco Pu\;nc CODtr.. lac. \". Cit:o-
. l' .~ fq Co.. Sup.. 220 N.y.s.2d 175 (1001); Council o( Cit~· of Oran!:c. S9 N..1$u(",r.
1-':.
Coreor11D Y. CitT of PhUacJelphia. 303 I'lL 93. :!13 A.:!cJ 805. 870 (1005).
,
.
..'
,.", , ...~_,.. ""1' '""~ .·..:"'fŒ JLB O. P..", :...·.....·r·..f·~. . . FIa. 33
...~1: :"I.~:~:- :·.'cuè~~J'Ià.. ÌA80.2Uj,~/;J ,~. 1,·-
(
-
['".SA is the basis Judge :oncurring' spe- child within purview of dependent child
Duniclpality to re- statute. F.SA § 39.01(10).
1ect to its sanitary I concur in this decÌSion only because, as
,t., F.s.A. requires .
pointed out in the majority opinion, this
contracts for con- record is insufficient to show the procedure Henry Coleman, Key West, for appellant.
utilities mentioned whereby Dade County qualifies bidders. Earl Faircloth, Atty. Gen., and Arden
ve previously de- ., If the record were sufficient to show that
:;;t M. Siegendorf, Asst. Atty. Gen., {or ap-
§ l0-3(b) supra, ~.~ the qualification procedure is such that it pellee.
statute requiring .. tends to increase the cost of the work to
..
the public or violates other established Defore HENDRY, C. J., SWANN, J.,
ucs that it may principles of law, I would hold the section and KANNER, A. 0., Associate Judge.
, bidder having a- of the Code void.
'I prior to bidding PER CURIAM.
n in specifications A petition was filed under § 39.05, Florida
The city points Statutes, F.S.A., by the maternal grand-
~ on Project No. mother of a minor child, tbe objective being
such a certi ficatc " to have the juvenile court declare the
~j n1inor child to be a dependent child ami
to permit bidders ~~ award to the grandmother temporary cnsto-
:~. dr· The juvenile court, after hearing.
,ids arc accepted ~ In Ih. Interest of C. P., a Depeadenl Child. found there were reasons to believe the
tent of § 10-3(b). No. 66-941. then existing conditions and environment
ir advantage over ., were such as to endanger the welfare and
.. District Conrt of Appel\1 of FloridA.
.,. If the city may ¥ the happiness of the minor child, and en-
is section it would ., Third District. tered its order finding that the child was
'"\
1 by allowing some .~ Dec. 20. 100G. a dependent child and awarding temporary
their bids arc ac· '* custody to the grandmother for a period
consider bids of ~~ of three months, pending rehearing.
.~ Proceeding on petition by maternal
bat they did not .. Appealing for that order, the appellant
:f grandmother of minor child to have child
J (natural mother] controverts sufficiency
~ dec~ dependent child and to obtain of the evidence to establish that the child
at the decree of .~ temporary custody of child. The Juvenile
~ was a dependent within the purview of
terror, . is af- Court, Monroe County, Eva Warner Gib- § 39.01(10), Florida Statutes, F.S.A.
son, J., entered order finding that child . .
was dependent child and awarding tempo- We agree that the record fails to dis- .
rary custody to grandmother, and child's close such substantiaJ, competent evidence
natural mother appealed. The District to demonstrate the dependency of the minor
. Barris .,. CltJ .,~ Court of Appeal held that eYidence was child within the definition of the dependent
'(73. 149 A. 'l22 .... insufficient to support finding that minor child statute. Accordingly, the order of
~~; the jüvenile court is reversed and the court
,;ï child was dependent child within purview
lDaae,'. CouoL .'''J:- of dependent child statute. directed to enter an order that the maternal
Jd: 12; Appllc:a- .
'''õ . grandmother forthwith relinquish custody
lou Corp.. .upra ..
Reversed and remanded. ' of the minor child to the natural mother,
without prejudice to the appellee-grand-
1 of Mil1llll. 1M mother to have the cause set down for
)46). I,'uta c=tf8.1 further hearing where the parties may offer
'., IDe. T. Clt1 Evidence was insufficient to support testimony and be fully heard.
0.. 89 N.J.Super. finding that minor child was dependent Re~trsed and remanded.
Jœ).
19) s..2d-J
......"".....-...-...'.'..-.'""'."...'" .~,~",..,,'"
~
May 3, 1994
Del.ray City Cnrmi ssion
Qxxi evening,
I'm Arthur Jackel, cþRinpAn of the United Property CMners of Delray
Beach.
'1hree years ago our m::m~..rs discussed the futuD3 of Delray Beach and.
bJw we could help h1ild a prosperous and criJœ-free city.
'!be Cœmissioners were I:emi.rrled of our efforts when we :recently engaged
in a public petition drive to strengthen our Cr.bninal Justice Law. It was
directed to our State Iegislatm:e and personally harrl3d to our local State
delegation. At the end of the recent legislative session, ItDSt of our
objectives weœ reached. '!his was one of our early efforts with a
productive goal.
For three years or m:n:e, we have been trying to stI:engthen our Police
Departnent, by inc:œasing its effective fo:rce. It has been partly successful
rot will need additional funding to be canpletely successful.
About a year ago we brought up the subject of lap-top cauputers which WJlÙd
create the equivalent of six ncre patrol officers at no additional cost in
personnel, year after year. '!be caoputers cost about $300,000 and the cost
could be spread out over 5 years, caning largely £ran the Trust Fund. In
addition, the Police Department will need 12 ncre patrol officers
i~i Rtely for camnmity policing_ 'rhe cost is approximately $500,000
a year_ We suggest that the City Manager eliminate non-productive euployees
£ran his staff ôi·~ the tax rate. This is the price we 1IUJSt pay for
a cr.ilne-free citY_ ~'s bite the bullet!
.Anothér step we have taken has been in giving strong support to the
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city administration in its effort to build a better school system and to
I create effective ccmmmity programs for after-school bJurs. 'lms is a
vision which wa share with our City Ccmni RSianers. When youngsters grew up
wa want them to lead useful and successful lives rather than cb:x>se drugs or
the walfare route.
'1hese are our goals and goals of DDSt Delray citizens. Thank you,
I
I Mr. Mayor, for the time.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: .D T. HARDEN, CITY MANAGER
THRU: DI DO INGUE , DIRECT
DEPARTMENT OF PLANNING
FROM: P*RL~NCIPAL PLANNER
SUBJECT: MEETING OF MAY 3, 1994
FIRST READING OF AN ORDINANCE REZONING A 2.826 ACRE
PARCEL LOCATED SOUTH OF LAKE IDA ROAD EAST OF CONGRESS
AVENUE FROM PCC (PLANNED COMMERCE CENTER) TO CF
(COMMUNITY FACILITIES).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a rezoning ordinance affecting
approximately 2.826 acres on the south side of Lake Ida
Road immediately west of the CSX Railroad.
BACKGROUND:
The rezoning request is from PCC (Planned Commerce Center) to CF
(Community Facility). The site is located immediately adjacent
to the CSX railroad, south of the City utility yard on the
south side of Lake Ida Road. Access is provided via a 56'
access easement which runs along the east border of the City
Utility yard.
The related Conditional Use request is to establish an FPL power
transfer station on the site. The facility will contain
electrical switching equipment in a screened fenced compound.
No buildings are proposed. The Conditional Use will be
scheduled for City Commission consideration concurrent with
second reading of the rezoning ordinance.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on April 18, 1994. No one from the public spoke
regarding the request. The Board recommended approval of the
Rezoning and Conditional Use request on a unanimous 7-0 vote.
I
·
FPL Rezoning
City Commission ~ay 3, 1994
Page 2
RECOMMENDED ACTION:
By motion, approve on first reading a rezoning from PCC (Planned
Commerce Center) to CF (Community Facilities) based upon
positive findings with respect to Section 3.1.1, Section 3. 3 . 2
(Standards for Rezoning), 2.4.5 (D)(5) (Rezoning Findings) and
policies of the Comprehensive Plan.
Attachment:
* Site map.
y:fplccdoc
·
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I ORDINANCE NO. 27-94
! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
I
I PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER)
I DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED SOUTH OF LAKE IDA ROAD, ON
THE WEST SIDE OF THE CSX RAILROAD RIGHT-OF-WAY; AND
AMENDING "ZONING MAP OF DEL RAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
ì WHEREAS, the property hereinafter described is shown on the
I Zoning District Map of the City of Delray Beach, Florida, dated
I April, 1994, as being zoned PCC (Planned Commerce Center) District;
and
I WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
¡ reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
I WHEREAS, it is appropriate that the Zoning District Map of
I the City of Delray Beach, Florida, dated April, 1994, be amended to
I reflect the revised zoning classification.
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
I
I Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect. a zoning classification of CF (Community
Facilities) District for the following described property:
A port.ion of Lot 20, Block 1, of DELRAY SHORES,
according to the Plat thereof recorded in Plat. Book
24, Page 232, of the Public Records of Palm Beach
Count.y, Florida; said portion being more particularly
described as follows:
Commence at the northeast corner of said Lot 20,
Block 1, said northeast corner being t.he intersection
of the northwesterly right-of-way line of the CSX
(formerly Seaboard Airline) Railroad, with the
southwesterly right-of-way line of Lake Ida Road;
thence run southwesterly along said right.-of-way line
of CSX Railroad, a distance of 361. 01 feet. to the I
I point of beginning; thence continue in a I
I southwest.erly direct.ion along said right.-of-way of
CSX Railroad, a dist.ance of 500 feet, t.o a point in I
I
,
the north right-of-way line of Lake Worth Drainage
District Lateral No. 32; thence run in a westerly
direction along said north right-of-way line of Lake
¡ Worth Drainage District Lateral No. 32, a distance of
¡
240.39 feet; thence in a northeasterly direction of
I parallel to said westerly right-of-way line of CSX
¡ Railroad, a distance of 569.65 feet; thence in a
southeasterly direction at right angles to the
preceding course, a distance of 230.18 feet more or
less, to the point of beginning; said tract
containing 2.826 acres, more or less.
I The subject property is located south of Lake Ida
I Road, on the west side of the CSX Railroad
I right-of-way.
I
I Section 2. That the Planning Director of said City shall,
I upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
I Section 1 hereof.
I -
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph,> sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND: ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
!
City Clerk
First Reading
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Second Reading
I - 2 - Ord. No. 27-94 I
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FLORIDA POWER & LICHT
- r SUBSTATION
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. PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT --
.-.»
MEETING DATE: April 18, 1994
AGENDA ITEM: V. A.
ITEM: Change of Zoning from FCC to CF & a Conditional Use Approval for an FPL Transformer
Facility, on a 2.8 Acre Parcel
GENERAL DATA:
OWner....................Florid. Power and Light, Inc.
Applicè ,t.. .... . ... ... . . . Joseph Lammert
Location.................South of Lake Ida Road, on the west
side of the CSX Railro.d right-of-way.
Property Size.......... 2.826 Acres
City L \d U.. Plan...... .Commerce
City lonlng..............PCC (Planned Commerce Cent.r)
Proposed loning..........CF (Community Facilitie.)
Adjacent zoning...North: PCC
East: MIC (Mixed Industrial and Commercial)
South: MIC
West: PCC
Existing Land Us . ......Vacant
Proposed Land Use........Rezoning to CF and Conditional Use --
approval accommodate an F.P.L.
sub-station.
Wat.r Servic.............N/A
Sewer Servic.............N/A V.A,
I T I K B I r 0 R I T H I BOA R D:
The action before the Board is that of making a recommendation
on a Rezoning from PCC (Planned Commence Center) to CF
(Community Facility) and an associated Conditional Use request
to establish a "power transfer station", pursuant to Section
2.4.5 (D) , (E) of the Land Development Regulations.
The property is located on the south side of Lake Ida Road
immediately west of the CSX Railroad.
A sketch plan is accompanying the Conditional Use request and is
attached as Exhibit "A". A full site plan will be required if
the rezoning and conditional use requests are approved.
B A C It Q R 0 U If D:
The property was owned by the City of Delray Beach until 1974.
In 1974 the City sold the property to FPL along with an access
easement parallel to the CSX railroad across city owned
property. In August, 1991 the parcel was included as part of a
development proposal involving property bordered by Congre.s to
the 'west, the CSX railroad to the east, Lake Ida Road to the
north and the LWDD district on the south. The development
proposal involved creation of a recreation complex under an SAD
zoning designation. The proposal included a land swap which
would have reconfigured the FPL holding., tying the. into a
recreation complex which was to include tennis facilities, an
outside race track, miniature gulf, batting cage. etc. The
development proposal was discussed before the City C~ission in
October of 1991 at which time an unfavorable reaction wa. given.
No further action was taken on the proposal and no other land
use activity has occurred on the site.
PRO J I C T D I S C RIP T I 0 If:
The site i. 123,100 sq. ft. or 2.826 acr.. in size, and is
currently vacant. The site is located immediately adjacent to
the CSI railroad, .outh of the City utility yard on the south
side of Lake Ida Road. Access is provided via a 56' wide access
easement which run. along the east border of the City utility
yard. Wooden fences and storage materials exist within the 56'
access easement area and will need to be removed or relocated
with this development proposal.
The rezoning request is from PCC (Planned Commerce Center) to CF
(Community Facility). The Conditional Use request before the
Board is to establish an FPL power transfer station on the site.
The facility will contain electrical switching equipment in a
screened fenced compound. No buildings are proposed.
.
P&Z Staff Report
FPL Rezoning and Conditional Use
Page 2
Z 0 . I N GA. A L Y I I I:
The subject parcel is currently zoned PCC (Planned Comaerce
Center) and the requested change is to CF (Community Facility).
The surrounding zoning is PCC to the west and north, MIC (Mixed
Industrial and Commercial) to the south, and the CSX railroad
and MIC to the east.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required rinding.), prior to the
approval of d.v.lopment applications, certain findings must
b. made in a form which i. part of the official r.cord.
Thi. may be achi.ved through information on the
application, the .taff report, or a1nute.. rinding. .hall
be made by the body which h.. the .uthority to .pprove or
deny the dev.lopm.nt applic.tion. Th.s. finding. relate to
the following four ar....
Futur. L.nd U.. Map I The us. or .tructur.s au.t be .llowed in
the zoning district .nd the zoning di.trict must be con.ist.nt
with.th. land us. d.signation.
The Future Land Use Map design.tion for the property is
"Commerce" . The allowable zoning designation. which are deemed -
consistent with the Commerce Land Use de.ignation are:
- PCC Planned Commerce Center
- MIC Mixed Industrial and Commercial (current zoning)
- CF Community Facilities
The requested zoning change is fro. PeC (Planned Commerce
Center) to CF (Community Facilitie.). Pur.uant to the purpose
st.tement for CF zoning [Section 4.4.21(A»), the CF district is
deemed compatibl. with all land use de.ignation. shown on the
Future Land U.. Map. The purpose statement .ay. further that CF
zoning i. a special purpose zone district primarily intended for
facilities which ..rv. public and .eai-public purpo....
Pursuan~ to Section 4.4.2l(C)(12), within the CF zoning district
"Utility F.cilitie." are allowed a. a Conditional U... The
Conditional U.e action for this item i. occurring concurrently.
concurrencfl Facilitie. which are provided by, or through, the
City .hal be provided to new develo~nt concurrent with
i..uance of a Certificate of occupancy. The.e facilitie. .hall
be provided pur.u.nt to level. of .ervice e.tabli.hed within the
Comprehen.ive Plan.
The stated purpose of rezoning the parcel is to accommodate a
power transfer station. As the development proposal is for an
unmanned facility the use will not have an impact on services
with respect to water, sewer, solid waste, parks and open space.
Concurrency with respect to drainage is better addressed during
the site development process.
P&Z Staff Report
FPL Rezoning and Conditional Use
Page 3
Pursuant to Section 2.4.5 CD) with all rezoning requests,
traffic information is required which addresses the developaent
of the property under reasonable intensity pursuant to the
existing zoning and the proposed zoning. The rezoning and
establishment of the utility facility will result in a net
reduction of trips over the current PeC zoning designation.
The "power transfer station" will generate four vehicle trips
per week on Lake Ida Road associated with maintenance visits
conducted twice weekly. While Lake Ida Road is currently over
capacity, traffic concurrency is met as this portion of the Lake
Ida Road is eligible up to an additional 685 trips per the 5'
rule. This additional 5' capacity was allocated to the roadway
as it was over capacity at the time of adoption of the County
Traffic Performance Ordinance.
Conaiatency: Compliance with the performance .tandarda aet
forth in Section 3.3.2 (Standard. for Re.oninc¡ Act.loM) along
with the required finding. in Section 2.4.5 (D)(5) (".oning
Finding a) ahall be t.he baaia upon whlch a findlnc¡ of overall
conaiatency ia to be made. Other object.lve. and pollcie. found
in the adopted Comprehenaive Plan may be u.ed ln ..klng of a
finding of overall conaiatency.
Comprehenaive Plan policie..
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objective and policies are noted:
Land Uae Ilement Objective A-1: Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terma of soil, topographic, and
other applicable physical consideration., i. cOllpll_ntary to
adjacent land usea, and fulfills remaining land u.e need8.
The propoaed power transfer station fulfills r...ining land
use needs. and i. not detrimental to adjacent lnduatrial or
potential 'office uses.
Land u.. Il_nt. Policy A-1. 4 . "Co_erce" Land u.. which
invol vea.- a .ix of light industrial, co_ercial u.e., and
research and development are the most needed land u.ea during
the city'. final stage of build-out. Thus, changea to the Land
Use Map which diminlsh this land use are discouraged.
While changes to the Land Use Map are not propoaed the
development proposal represents development of Commerce
land with a non commerce use. However, the provision of
the public facilities are needed to support future
development and further those goals a. outlined in the
following Objective 8-1 below.
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P&Z Staff Report
FPL Rezoning and Conditional Use
Page 4
L&nd Use Ilement Objective B-1. New development shall not occur
upon land which is needed for public facilities which are
necessary to support development within the community.
The proposed development is a public facility referred to in
this objective.
Section 3.3.2 ( Standards for Rezonina Actions). Th. applicable
performance standards of Section 3.3.2 and other policies which
apply are a. follow..
A) That a rezoning to other than CF within stable re.idential
area. .hall be denied. (Hou.ing Ilement A-2.4)
The subject parcel is not located within a neighborhood
classified as "stable" within the housing element of the
Comprehensive Plan. Additionally, the request i. for a
rezoning to CF.
B) That the rezoning .hall re.ult in allowing land u... which
are deemed compatible with adjacent and n.arby land u.e
both exi.ting and propo.ed, or that if an incompatibility
may occur, that .ufficient regulation. .xi.t to prop.rly
mitigate adver.e impact. from the new u...
The CF zoning is being sought to accommodate a utility power
transfer station which is allowed as a Conditional Use.
Site specific compatibility of the utility facility with
the adjacent uses will be enhanced through the installation
of trees 30' on center and hedge material around the
perimeter of the site.
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Sec:~ion 2.4.5(D)(1) (Finding.), in addition to
provi.iona of Sec~ion 3.1.1, the Ci ty Co_i..ion mu.t make a
finding that the re.oning fulfill. one of the r...ona for which
the re.oning change i. being .ought. The.. re..on. include the
following.
a. Tha t the zoning had previou.ly been changed, or was
originally e.tabli.hed, in error,
b. That there has been a change in circumatance. which
make the current zoning inappropriate,
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P&Z Staff Report
FPL Rezoning and Conditional Use
Page 5
c. That the reque.ted zoning i. ot .imilar inten.ity a.
allowed under the Future Land U.e Map and that it i.
IDOre appropriate for the property ba.ed upon
circumatance. particular to the .ite and/or
. neighborhood.
The applicant submitted the following justification statement
citing reasons (c) above;
"Future Land Use is designated commerce. COlDIDunity Facility
is compatible with this designation, therefore , an
electrical substation (power transfer station) is
appropriate for this particular site and/or neighborhood".
The CF zoning designation is of similar intensity as PCC and is
allowed under the COlllllerce Land Use designation. This site is
more appropriate for th1s facility given the location ot the
high power transllJ.ssion lines and the service needs of the
surrounding community.
COR D I T lOR A L U S 1 A. A L Y S I S:
.
The conditional use request is to establish a "power transfer
station" within the cr district. The surrounding land uses are
vacant to the west and east, City utility yard to the north, and
an industrial warehouse to the south.
RlQUIRlD FIRDIRGS: (Chapter 3)
Pur.uant to Sect10n 3.1.1 (Requ1red Find1ng.), prior to the
approval ot development application., certain tinding. mu.t
be ade in a tora which i. part of the otticia1 record.
Thi. MY be achieved through intonaation on the
application, the .taft report, or IDinute.. Finding. .hall
be ade by the body which ba. the authority to approve or
deny the de..lo~nt application. The.e finding. relate to
the tollo.1ng tour area., Future Land U.e Nap,
Concurrency, Coapatibility, and Compliance with Land
o..elo,..n~ Regulations. Finding. relating to Future Land
U"- Map aDd Concurrency are di.cu..eeI under the aoninq
analyais section of the report.
Consi.tency: Compliance with the pertormance standards set
forth in Section 2.4.5(1)(5) (Conditional Use Findings) shall be
the ba.1. upon which a f1nding of overall con.istency 1. to be
made. Other objective. and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of
overall consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and discussed under the zoning analysis
section of the staff report.
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P&Z Staff Report
FPL Rezoning and Conditional Use
Page 6
Section 2.4.5(B)(5) (Standard. for Conditional U.. Actiona):
Pursuant to Section 2.4.5(1)(5) (Finding.) in addit.ion to
provision. of Section 3.1.1, the City Commi..lon mu.t. uke
findings that establi.hing the Conditional U.e will not..
A. Have a significant.ly detrimental effect upon t.he st.ability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by the CSX railroad and 1-95 to the east,
an industrial use to the south, vacant PeC zoned property to the
west, and a City utility storage yard to the north. The
establishlaent of the power transfer st.at.ion will not have a
significantly detriment.al effect. upon the at.ability of t.he
neighborhood nor will it hinder developaent of nearby
properties. The provision of this facilit.y will provide a
needed utility service for future development in the area.
Compliance with Land Development Requlatlon.:
If the rezoning and conditional use request is approved a full
site plan submittal and approval by the Site Plan and Appearance
Board will be required. At that stage the following items must
be addressed;
Intry Drive.
The entry drlve 1. proposed across a large swale on the sout.
side of Lake Ida Road. Engineering plans auat. be a~tted and
thea. plana should be coordinated wit.h Pal. Beach county Lake
Ida widening plana for 94/95.
Sidewalk..
Pursuan' to Sect.lon 6.1.3(A) sidewalks are required along Lake
Ida RC*I for a portion of the 56' aece.. ea._nt area.
However, as sidewalks are proposed with the widening of Lake Ida
Road in 94/95 these sidewalk segments need not be provided by
this development.
a 1 v I 1 W B Y o T H IRS:
This proposal is not lo«:::-''\ted in a geographic area requiring
review by either the H'f' :) (Historic Preservation Board) , DDA
(Downtown Develo,¡:.ment Authority) or the CRA (Community
Redevelopment Agency).
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P&Z Staff Report
FPL Rezoning and Conditional Use
Page 7
If the Rezoning and Conditional Use requests are approved, a
site plan must be submitted for review by the Site Plan Review
and Appearance Board. The site is to be gen.rally consist.nt
with the- sketch plan and any conditions of Conditional Use
approval.
Neighborhood Notice:
Formal public notice has been provided to property own.rs within
a 500' radius of the subject property. A courtesy notic. has
been sent to Helen Coop.rsmith (PROD) , Art Jackel (United
Property OWners) and Jean Miner (Delray Beach Counsel of
Communities).
ASS . S S X I R T A.I) CO. C L U 1 I 0 . I:
This dev.lopment proposal is appropriate given the location of
the trans.ission lines and the service n.eds of the co..unity.
Locating the pow.r transfer station at this .ite ainiaia..
exposure to Lak. Ida Road and Congress Av.nue and utilize. a
site which is abutted by l..s desirable u.e. 1-95, CSX railroad
and industrial u....
ALTIRRATIVI COURSIS o P A C II' I 0 . s:
A. Continue with dir.ction.
B. Recommend approval of the Conditional U.. and Rezoning with
conditions.
C. Reco_end d.nial of the Rezoning and Conditional Use
reque.t. baaed upon a failure to make po.itiv. finding..
· ,
· . STAPP R I C 0 K K I R D A T I 0 .1
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Recommend approval of:
. the Rezoning request from pce to CF based upon positive
findings with respect to Section 3.1.1, Section 3.3.2
(Standards for Rezoning) and Section 2.4.5 (D)(5)
(Rezoning Findings) and policies of the Compreh.nsive
Plan; and
I
.
P&Z Staff Report
FPL Rezoning and Conditional Use
Page 8
-,
. the Conditional Use request based upon positive findings
with respect to Section 3.1.1 and Section 2.4.5(£)(5)
(Conditional Use Finding) and policies of the
Comprehensive Plan subject to the following conditions;
1. Submittal of a site plan, landscape plan and
Engineering plans in general conformity
with the accompanying sketch plan.
Report Prepared by Paul Dorling, Senior Planner
a:fplrep
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
i
FROM: CITY MANAGER{7t(
SUBJECT: AGENDA ITEM # 1;Z ß - MEETING OF MAY 3, 1994
FIRST READING OF ORDINANCE NO. 28-94/REPAIR AND
MAINTENANCE OF NONCONFORMING STRUCTURES
DATE: APRIL 29, 1994
On April 19, 1994, the City Commission considered Ordinance No.
24-94 which would have increased the amount that could be expended
on repairs to nonconforming structures from 10% to 25%. During
discussion, concerns were raised that such an increase would allow
for a greater investment in a nonconforming structure or use
without necessarily improving the appearance of the building. The
ordinance failed on first reading by unanimous vote, with direction
to staff to redraft the amendment along the lines discussed.
Ordinance No. 28-94 represents the revised amendment. It retains
the existing 10% limit on the amount that can be expended on normal
maintenance and repairs, but allows for an additional expenditure
of up to 15% of the current replacement cost of the structure for
exterior improvements, subject to approval by the Site Plan Review
and Appearance Board. It also specifies that the total amount
expended for improvements cannot exceed the stated limits within
any given 12 month period.
The Planning and Zoning Board reviewed the original amendment on
April 18, 1994, and recommended approval. The Board has not
reviewed this change since the revision does not increase the total
overall percentage.
Recommend approval of Ordinance No. 28-94 on first reading. If
passed, public hearing will be held on May 17, 1994.
pQ)ø 6_0
ref:agmem07
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[/t/l
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER~~ _
FROM: .DIANE DOMINGUEZ, \ ~
DIRECTOR OF PLANNING & ZONING Û J
SUBJECT: MEETING OF MAY 3, 1994 i
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a text amendment relating to
the repair and maintenance of nonconforming structures.
B A C K G R 0 U N D:
This amendment was presented to the City Commission at its
meeting of April 19, 1994, along with another ordinance related
to nonconforming uses. As originally presented, the amendment
would have increased the amount that could be expended on the
repair and maintenance of nonconforming structures (and
structures containing nonconforming uses) from 10' to 25' of the
replacement value of the structure. During the discussion of
the amendment, Commission members expressed concern that the
increase would allow for a greater investment in a nonconforming
structure or use without necessarily improving the appearance of
the building. It was suggested that the language be changed to
allow for additional exterior improvements only.
The revised amendment retains the existing 10' limit on the
amount that can be expended on normal maintenance and repairs.
However, it allows for an additional expenditure equal to 15' of
the replacement value for exterior improvements that are
approved by SPRAB. It also specifies that the total for
improvements can't exceed the stated limits within any given 12
month period. These changes will have the effect of allowing
for additional exterior improvements that will benefit the
surrounding area as well as the individual businesses.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the original amendment at
its meeting of April 18, 1994, and recommended approval. As the
revisions do not increase the total overall percentage, the
Board does not have to review the change.
R E COM MEN D E D ACT ION:
By motion, approve the revised amendment as attached.
Attachment:
* Ordinance by others
TICCNCU2.DOC
,
.3.6 Repairs and Maintenance
(A) On any nonconforming structure or on a structure
containing a nonconforming use, work may be done on ordinary
repairs, or on repair or replacement of fixtures, nonbearing
walls, plumbing, or wiring, provided the repair work does not
exceed 10' of the current replacement cost of the structure in
any 12 month period. In addition, the Site Plan Review and
Appearance Board may approve exterior modifications to a
nonconforminq structure or a structure containinq a
nonconforminq use, provided the modifications do not exceed 15'
of the current replacement cost of the structure in any 12-month
period.
~,_. ,.. ..
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¡
:1 ORDINANCE NO. 28-94
I OF THE CITY OF
AN ORDINANCE OF THE CITY COMMISSION
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1. 3,
I "NONCONFORMING USES, LOT S , AND STRUCTURES", SECTION
1.3.6, "REPAIRS AND MAINTENANCE", OF THE . LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
i THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE
! RESTRICTIONS FOR THE REPAIR AND MAINTENANCE OF
! I
I NONCONFORMING STRUCTURES; PROVIDING A GENERAL
I
'I REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
:1 WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
,
Zoning Board reviewed the subject matter at its meeting of April 18,
: 1994, and has forwarded the change with a recommendation of approval;
and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as thé Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
í CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
i Section 1. That Chapter One, "General Provisions", Article
! 1. 3, "Nonconforming Uses, Lots, and Structures", Section 1.3.6, I
"Repairs and Maintenance", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
I same is hereby amended to read as follows:
!
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure
containing a nonconforming use, work may be done on ordinary
! repairs, or on repair or replacement of fixtures, nonbearing
walls, plumbing, or wiring, provided the repair work does not
I
í exceed 10' of the current replacement cost of the structure in
I any 12 month period. In addition, the Site Plan Review and
¡ Appearance Board may approve exterior modifications to a
I
I nonconforming structure or a structure containing a nonconforming
I use, provided the modifications do not exceed 15' of the current
I replacement cost of the structure in any 12 month period.
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(B) .- If the Chief Building Official declares a nonconforming
structure or structure containing a nonconforming use to be
unsafe or unlawful due to its physical condition, such structure
shall not be rebuilt, repaired, or restored, except in
conformance with the requirements for the zoning district in
which it is located. :
I
I (C) Nothing herein shall prevent the strengthening
I or
I restoring to a safe condition, any building or part thereof
declared to be 3afe by the Chief Building Official.
Section 2. That all ordinances or parts of ordinances in
! conflict herewith be, and the same are hereby repealed.
, Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
! Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day 0 f , 1994.
,
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MAYOR
1
¡ ATTEST:
Ci1:y Clerk
!
First Readinq
Second Reading
- 2 - Ord. No. 28-94
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