05-17-94 Regular
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~1I·America City
. CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING , IIII '
MAY 17. 1994 6:00 P.M.: PUBLIC HEARING 7:00 P.M.
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COMMISSION CHAMBERS
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate. in and enjoy the benefits of a service, program, or
activity conducted by the City. Please contact Doug Randolph, (407)
243-7127 at least twenty-four (24) hours prior to the program or activity
in order for the City to reasonably accommodate your request.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows : City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
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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 Ccmmission 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 corne 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
5/17/94
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.
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5. Approval of Minutes:
Regular Meeting of April 19, 1994
Regular Meeting of May 3, 1994
6. Proclamations:
JA. Recognizing Fredda Weinberg
..lB. Recognizing Sharon Koskoff - Community Mural Project
vé. Code Enforcement Officers Appreciation Week - June 6 through
12, 1994
D. PostPolio Syndrome Awareness Week - June 1 through 7, 1994
7. Presentations:
/Á. RESOLUTION NO. 37-94: A resolution recognizing and commending
Fire Chief Kerry Koen.
JB. PEACE organization on their "HOTSPOT" program.
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 38-94: Adopt a resolution assessing costs for
action required to correct an unsafe condition (unsecured
swimming pool) at 3887 Angler Drive.
B. RESOLUTION NO. 39-94: Adopt a resolution assessing costs for
action required to correct an unsafe condition (unsecured
swimming pool) at 522 Fern Lane.
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City Commission
Regular Meeting
5/17/94
C. PRIVATE INDUSTRY COUNCIL / II POSITIVE CONNECTIONS" SUMMER PROGRAM:
Approve an agreement with the Palm Beach County Private
Industry Council for Summer Youth Employment and Training
Program, subject to review and acceptance by the City Attorney.
D. APPROVAL OF TRANSPORTATION ENGINEERING CONSULTANT FIRMS:
Approve selection of David Plummer and Associates and McMahon
and Associates as Transportation Engineering Consultant firms
for on-going "as needed" services.
E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION/I.B.F.O CONTRACT AGREEMENT: Ratify the
contract agreement between the SCRWTD Board and I.B.F.O. Local
1225.
F. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION/CHANGE ORDER TO J.J. KIRLIN. INC.
CONTRACT: Ratify SCRWTD Board action of April 21, 1994,
approving Change Order #1 in the add amount of $17,993.00 and
extension of completion date by 30 days to J.J. Kirlin, Inc.
contract for wastewater system improvements.
i' ®. o~ LICENSE/HOLD HARMLESS AGREEMENT - FLORIDA DRIVE-IN THEATRES.
~~~ ~\ç:.rj INC. : Approve a License and Hold Harmless Agreement betwåen
~~~the City and Florida Drive-In Theatres, Inc. for the right to
ø use the right-of-way along Dixie Highway for parking, from N.E.
~6~ 14th Street to the north City limit.
H. FINAL PAYMENT/McCOY IRRIGATION: Approve final payment in the
amount of $410.00 to McCoy Irrigation for work at the Tennis
Center Phase II project¡ with funding from General Construction
Fund - Tennis Center Phase II (Account No. 334-4145-572-63.42).
1. REOUEST FOR REIMBURSEMENT FROM COMMUNITY REDEVELOPMENT AGENCY/
BANKER'S ROW PROJECT: Approve reimbursement in the amount of
$34,753.00 to the Community Redevelopment Agency for cost of
water main upgrade on Banker's Row project¡ with budget
transfer from Renewal and Replacement Project Reserve (Account
No. 442-5178-536-99.01) to Water Distribution Improvements
(Account No. 441-5178-536-61.78).
J. APPLICATION FOR ISTEA GRANT/SEABOARD AIR LINE RAILWAY STATION
SITE: Authorize staff to make application to the Metropolitan
Planning Organization for Federal Intermodal Surface
Transportation Efficiency Act (ISTEA) Grant for development of
an Intermodal Center at the Seaboard Air Line Railway Station
Site.
K. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve Interlocal
Agreement with Palm Beach County for funding of utility
adjustments to be performed in conjunction with the
construction of improvements to West Atlantic Avenue between
Jog Road and Military Trail.
L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve Interlocal
Agreement with Palm Beach County for funding of City-designed
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City Commission
Regular Meeting
5/17/94
median and other improvements for Lake Ida Road between
Congress Avenue and Swinton Avenue.
M. AGREEMENT WITH DLW PRODUCTIONS. INC./"UNDER FIRE": Approve an
agreement with DLW Productions, Inc. to videotape activities of
the city's Fire Department to be used as part of the program
"Under Fire" which is scheduled for June 3, 1994. DLW
Productions, Inc. comes with approval from the Palm Beach
County Film Liaison Office.
ß· APPROVAL/AUTHORIZATION FOR EXPENDITURE OF COMMUNITY
REDEVELOPMENT AGENCY TAX INCREMENT RESERVES/HISTORIC HOMES:
Pursuant to Section 163.370(2) (a), Florida Statutes, approve
and authorize the expenditure of CRA increment reserves for the
Block 60 Redevelopment Plan contained on pages 4.28, 4.29 and
4.30 of the City of Delray Beach Community Redevelopment Plan
amended by City of Delray Beach Ordinance No. 5-94, February
22, 1994, for the relocation of historic homes to be used for
administrative offices for public bodies or for other purposes.
10. APPLICATION FOR URBAN EMPOWERMENT ZONE/ENTERPRISE ZONE
DESIGNATIONS: Authorize joint application with Palm Beach
County to Department of Housing and Urban Development (HUD) for
one of the Urban Empowerment/Enterprise Zone Designations. . -
P. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - Ready Mix Concrete - to Tarmac of Florida,
Inc. at an estimated annual cost of $10~·087.50, with
funding from Street Maintenance - Other Road Materials
(Account No. 001-3113-541-53.90).
2. Bid Award - Photographic Supplies - to Photoline Supplies,
Inc. at an estimated annual cost of $17,513.90, with
funding from department operating expense photo/microfilm
service accounts (34.70).
3. Contract Award - Homewood Boulevard Sewer Extension -
Sullivan Brothers, Inc. , in the amount of $154,923.50,
with funding by budget transfer from Capital Outlay Other
Improvements (Account No. 441-5161-536-63.90) to Capital
Outlay - Sewer Mains (Account No. 441-5161-536-63.51).
9. Regular Agenda:
A. J REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by
the Site Plan Review and Appearance Board and the Historic
Preservation Board during the period May 2 to May 13, 1994.
B. j SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH & ASSOCIATES:
Consider Service Authorization No. 2 in the amount of
$29,500.00 to the contract with Digby Bridges, Marsh &
Associates for additional services reflecting design changes to
comply with the established budget for the Golf Course
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City Commission
Regular Meeting
5/17/94
Clubhouse proj ect; with funding from Golf Course Clubhouse -
Engineering & Architectural (Account No. 445-4763-572-31.30).
1tŠ. \p RESOLUTION NO. 40-94: Consider Resolution No. 40-94 in support
*" of efforts to secure State grant money to save the Old 1916
Palm Beach County Courthouse.
¡D. SERVICE AUTHORIZATION NO. 11/GEE & JENSON: Consider approval
of items A, Band C of Service Authorization No. 11 in an
amount not to exceed $7,550.00 to the contract with Gee &
Jenson to provide further recommendations on hurricane
protection for City Hall; with funding from General
Construction Fund - Buildings (Account No. 334-6111-519-
62.10).
~. REOUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS. INC. :
Consider a request from South Florida Dynamics, Inc. for a
contribution in the amount of $1,000.00 to support their
participation in America's Youth on Parade, an international
level competition to be held at the University of Notre Dame in
July, 1994 j wi th funding through budget transfer from
Contingency (Account No. 001-6111-519-99.02) to Other Grants &
Aid (Account No. 001-6311-572-83.01). _
iF. ¡INITIATION OF COMPREHENSIVE PLAN AMENDMENT 94-2: Forma'lly
initiate Amendment 94-2 to the City's Comprehensive Plan.
JG. J WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT AT 929 FERN
DRIVE: Consider a request for waiver of LDR Section 7.9.11(A)
governing the boat lift at 929 Fern Drive, based upon findings
in accordance with LDR Section 2.4.7(B)(5).
~. J DIRECTION FOR BID SPECIFICATIONS /HURRICANE SHUTTERS FOR CITY
HALL NORTH WING: Provide direction on specifications for bid
for hurricane shutters for the north wing of City Hall.
j.. j RATIFICATION OF APPOINTMENTS TO KIDS AND COPS COMMITTEE:
Consider ratification of five (5) appointments to the Kids and
Cops Committee to terms ending April 22, 1996.
10. Public Hearings:
A. J' ORDINANCE NO. 19-94: An ordinance providing for annexation to
().o110n the City, small scale land use plan amendment to affix an
D ;5~? official designation of General Commercial, and establishment
of initial zoning as GC (General Commercial) for Drive-In
Theaters of Florida, Inc. (Delray Swap Shop property).
B. TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 94-1:
.t Authorize transmittal of Comprehensive Plan Amendment 94-1 to
s~~~ the Department of Community Affairs for State review.
1Í~\rf ßI 1. Future Land Use Map amendment from County MR-5 to the
u.J 0 following City designations: Open Space, Low Density
Residential, Medium Density Residential and Commercial
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City Commission
Regular Meeting
5/17/94
Core, for Blood's Hammock Groves located east of Military
Trail on the south side of Linton Boulevard.
C. vi 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.
V Conditional Use Approval - -FP&L Power Transfer Station:
Consider a request for conditional use approval to
establish a power transfer station for Florida Power &
Light.
D. / ORDINANCE NO. 28-94: An ordinance amending Section 1. 3.6 of
the Land Development Regulations relating to the maximum
expenditure for repair and maintenance of nonconforming
structures.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public. ,
12. First Readings:
A. ORDINANCE NO. 29-94: An ordinance repealing Ordinance No.
162-88 wherein the Koch House at 777 North Ocean Boulevard was
designated as an historic building, and enacting the subject
ordinance to provide a corrected legal description showing the
historic designation as Lot 21 only. If passed, public hearing
will be held June 7, 1994.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
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WHEREAS, Fredda Weinberg has been commended by the
Chief of Police for her efforts to bring the benefits of
computer technology to the children of Atlantic Gardens;
and.
WHEREAS, Ms. Weinberg's original project, the
Atlantic Gardens Computer Learning Center has been in
operation for over a year and neighborhood children have
demonstrated its benefits for education and social
stability; and,
I
WHEREAS, the Atlantic Gardens Computer Learning !
Center has been a symbol to the citizens of Delray Beach of
what can be accomplished if someone attempts to make a
change; and,
WHEREAS, the City Commission of the City of Delray
Beach encourages Ms. Weinberg to continue to strive to make
changes for the youth of the area in the educational field;
and,
WHEREAS, the City Commission of the City of Delray
Beach wishes to thank Ms. Weinberg for her personal effort
and sacrifice that she has put forth; and,
WHEREAS, Fredda Weinberg has been working on a new
project, "Delray Online" , to provide a community bulletin
board¡ and,
WHEREAS, the City Commission encourages and
supports Fredda Weinberg's efforts on this new project.
NOW, THEREFORE, I THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby commend Fredda Weinberg for the
extraordinary amount of time and effort that she has devoted
to the youth of the area, and wish Ms. Weinberg success on
the Delray Online Project.
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.
~
THO S E. LYNCH
or' r: ~ /\ M'TT=:O, (oP\
[ITY OF DELRAY BEA[H
DELRA Y BEACH
~'A~" . ~ -~- _,....J .::....:.. ....¡...:.
AI~America City
'IIII! PROCLAMA rIO.'.
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WHEREAS, Sharon Koskoff is a magna cum laude
graduate of Brooklyn College, where she majored in the Fine
Arts of Interior Design, and;
WHEREAS, she currently holds the position of
Instructor at the Armory Arts Center and is President of the
Art Deco Society of the Palm Beaches, and;
WHEREAS, Ms. Koskoff enjoys being a full time
artist and interior designer in addition to conducting tours
at Palm Beach County Art Deco Center, and; -
WHEREAS, she worked very diligently in her
endeavor to obtain a $3,000 grant from the Palm Beach County
Cultural Counsel, and, with the support of Dr. Fred Love,
was granted approval for a mural in Delray Beach, and;
WHEREAS, the design was traced, drawn and painted
in five and one-half weeks on the wall of the Love's Drug
building in the Pineapple Grove Historic Arts District, and;
WHEREAS, the completion of the Community Mural
Project and Garden was celebrated at a dedication and award
ceremony held on Tuesday, May 10, 1994, in downtown Delray
Beach.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission and the City of Delray Beach do hereby commend
and recognize Sharon Koskoff for her dedicated service and
contribution to the community.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 17th day of May, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELRAY BEA[H
DELRA Y BEACH
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AlI·America City
"III! PROCLAMA TION
199)
WHEREAS, Code Enforcement Officers provide for the
safety, health and welfare of the citizens in the community
through the enforcement of building, zoning, housing, animal
control, fire safety, environmental and other codes and
ordinances¡ and,
WHEREAS, every day, assisted by support and
program staff, they attempt to provide quality customer
servioe to the publio for the betterment of the community¡
and,
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WHEREAS, too many times, their success stories and
ability to achieve corrective action go unnoticed, even
though code compliance has been accomplished, due to their
efforts and expertise¡ and,
WHEREAS, Code Enforcement Officers are dedicated,
well-trained and highly responsible individuals who take
their jobs seriously and are proud of their departments and
the local government within which they serve¡ and,
WHEREAS, the Florida Association of Code
Enforcement, Inc. known as F.A.C.E has declared the second
week of June to be set aside by local governments to honor
and recognize their Code Enforcement Officers.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim June 6 through June 12, 1994
as
CODE ENFORCEMENT OFFICERS APPRECIATION WEEK
in the City of Delray Beach, Florida, in accordance with the
state-wide observance of the same and encourage all citizens
of the City of Delray Beach to join this Commission in
expressing appreciation for the dedication and outstanding
service provided by the individuals who serve as our Code
Enforcement Officers.
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 17th day of May, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
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,
. Agenda Item No.:
·J.GENDA REQUEST
Date: 5/11/94
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 5/17/~4
Uescription of agenda item (who, what, where, how much):
Proclamation for Code Enforcement A preciation Week
6 6 - 6/12/94
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approve
Department Head Signature:
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:
1\pproved for agenda: r~Í' NO (7L\
Hold Until:
Agenda Coordinator Review:
Received: ,
1\ction: 1\pproved/Disapproved
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MEMORANDUM
TO: DAVID T. HARDEN - CITY MANAGER
FROM, LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: PROCLAMATION FOR CODE ENFORCEMENT APPRECIATION WEEK
DATE: MAY 10, 1994
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PROCLAMATION
WHEREAS, Code Enforcement Officers provide for the safety,
health and welfare of the citizens in the community through the
enforcement of building, zonlng, housing, animal control, fire
safety, environmental and other codes and ordinances; and,
WHEREAS, Everyday, assisted by support and program staff,
they attempt to provide quality customer serVlce to the public
for the betterment of the community; and,
WHEREAS, too ma~ times, their success stories and ability
to achieve correct - action go unnoticed, even though code
compliance has been accomplished, due to their efforts and
expertise; and,
WHEREAS, Code Enforcement Officers are dedicated,
well-trained and high responsible individuals who take their jobs
seriously and are proud of their departments and the local
government within which they serve; and,
WHEREAS, the Florida Association of Code Enforcement, Inc.
known as F.A.C.E. has declared the second week of June to be set
aside by local governments to honor and recognlze their Code
Enforcement Officers;
NOW, THEREFORE, through the authority vested in me by the
Commissioners of the City of Delray Beach, Florida, I do hereby
proclaim the week of June 6-12, 1994 as:
CODE ENFORCEMENT OFFICERS APPRECIATION WEEK
In the City of Delray Beach, Florida In accordance with the
state-wide observance of the same and encourage all citizens of
the City of Delray Beach to ]Oln this Commission In expresslng
appreciation for the dedication and outstanding service provided
by the individuals who serve as our Code Enforcement Officers.
Duly proclaimed and adopted in regular session this 17th day of
May 1994.
LB:DQ
CodeWk.CC
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[ITY DF DELRAY BEA[H
DHRA \ BEACH
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r¡¡jp PROCLAJlA rlo
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WHEREAS. many Floridians have suffered from or
continue to suffer from the ravages of the disease of
pOliomyelitis¡ and,
WHEREAS, though new cases of that once dreaded
disease are rare since the discovery and nearly universal
use of the Salk vaccine, its victims remain with little or
no hope for improvement from their current handicaps¡ and,
WHEREAS, medical science has recently become aware
that the debilitating effects of poliomyelitis increase or
reoccur with advancing age¡ and,
WHEREAS, though there is no cure for these
symptoms, awareness of the existence of postpolio syndrome
will help the victims by identifying the cause of their
symptoms¡ and,
WHEREAS, postpolio support groups are attempting -
to educate and inform the medical community, the public in
general and the victims specifically.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim June 1 through 7, 1994 as
POSTPOLIO SYNDROME AWARENBSS WEBK
in Delray Beach, Florida, and urge all of its citizens to
support the efforts of the Post Polio Support Group of Palm
Beach County.
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 17th day of May, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
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RESOLUTION NO. 37-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIRE
CHIEF KERRY B. KOEN FOR HIS MANY ACCOMPLISHMENTS AND
SERVICE TO THE FIRE DEPARTMENT OF THE CITY OF DELRAY
BEACH, FLORIDA.
I
WHEREAS, Kerry B. Koen was hired by the City of Delray Beach as ¡
Fire Chief on December 16, 1985; and 1
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WHEREAS, Chief Koen has consistently performed any and all !
duties required of him in an exceptionally mature and professional \
manner, exhibiting competence and loyalty; and _ I
WHEREAS, during his tenure, Chief Koen made available and 1
improved educational opportunities for Fire Department personnel !
resulting in a higher level of performance and productivity; and
WHEREAS, Chief Koen was responsible for the replacement of two
older fire stations, the addition of Fire Station No. 5 to improve
response time in the Southwestern area of the City, and the addition of
up to date fire apparatus; and
WHEREAS, Chief Koen, through his efforts in making improvements
to the Fire Department and water distribution system, enabled the City
to receive a Class II insurance rating; and
WHEREAS, through Chief Koen' s leadership and vision a
partnership was developed between Gulf Stream and Highland Beach which
improved their service delivery at a reduced cost; and
I
WHEREAS, the service and knowledge provided by this dedicated
employee will be missed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby congratulates and expresses its sincere thanks
and appreciation to Chief Kerry Koen for over eight years of dedicated,
faithful, public service with the City of Delray Beach, Florida, and
further wishes him success in his new endeavor.
PASSED AND ADOPTED in regular session on this 3rd day of May,
1994. ~. I
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. . MAYOR 1Þ,
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. , THE PEACE ORGANIZATION "/(.'''1
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M.y9.1994
Mr. David Harden, City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach. FL 33444
Dear Mr. Harden:
The PEACE organization would like to reque$t to be placed on the city
commission m~eting $Cheduled for Tuesday, May 17, 1994.
We would like to address the commission on our "HOTSPOT" program.
Our staff will contact your office on Tuesday. May 10. to confirm our request and
for the approxlmat. time and allotted time for our presentation.
Thank you for your cooperation in this matter.
Sinoerely,
WiRJi.,. L~ 1¿~ fI7 ztµ
Rev. Willie R. Singleton (~n McClam
President lray Beach Chairman
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NOTE: We do not need your name. We only alk for Ipedflc Infonnallon which
will .sslst us In addressing Illegal drug or other rel.ted crimln.1 .ctlvlty
on your streets or nelghbomood.
REMEMBER - TOGETHER WE CAN MAKE A DIFFERENCEIII
D I ·SUSPECT o I KNOW WITH REASONABLE CERTAINlY
that Illegal drug and I or related Clime activity Is occurring In the followIng
locallon:
o Pari<:
o Stre!!t Comer or Location:
o House or Housing Complex
Location:
~.... ...... Na. ÞOfA.
Date(s) D8Y(5) 11me (5)
Suspect Vehicle:
Ua. PIM. . y.. Me" CoIOI
Name of Suspect: . Alias/Nickname:
OMal~ o Female o White t] Black o Hispanic o Other
Other Delalls or Information:
AFTER FILLING OUT THIS FORM AS COMPLETELY AS POSSIBLE
RETURN TO YOUR PASTOR' PRIEST , ~BBI
OR MAIL TO:
P.E.A.C.E., INC.
315 SAPODILLA AVENUE
WEST PALM BEACH, FL 33401
(407) 835-1515
.
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THE TAMPA TRIBUNE
4;Nation/World Monday, July 12. 1993
EDITORIALS
HOPE's . . action against .
CIVIC crIme
.
The !';trt'E"!,; arc owned hy the pu~hcr!';, the The "Jlot!';pot" campaign I!'; n step In that
pimps, the prostitutes, and law-abldlnR people direction. HOPE churches ore distributing -
wdnt them bock. Now. and then collecting - red and white cards to
. That was the message the other night when their congregations. Residents who suspect lite·
th~ Hlllsborough Organization for Progress and gal drug activity is occurring .in a particular
Equhllty Inc. (HOPE) sponsored a rally In a place cnn fl1l out the card, without Identifying
West Tampa Baptist church atlendM by about Ihemselves. and Ihal card will be passed along
200 people. to the pollee.
Tampa pollee and sheriff's officials also The besieged residents of many urban
were there. They left with more than 100 tips neighborhoods often are stigmatized unfairly
on drug "hot spots" and an Insistent demand hecause of the crime that surrounds them.
that they move against the criminals who aré Most of them are not Involved in crime and·
máklng life hell in many of Tampa's nelghbor- are, In fact. Its chief victims. They are Impris-
hòf1ds. oned In their own homes, fearful of walking
."We want something done about the crime the street. afraid of being robbed and killed.
and the drugs In our community," said the Rev. Locked behind burglar bars, the decent majorl-
Thomas Scott, of the 34th Street Church of ty Is terrorized nightly by gun battles. brawls
God. and other illicit activities of hooligans.
nOPE is the civic action arm of a coalition It takes great courage to call the police In
of 24 area churches. About 200 people from such a setting; people feel helpless, powerless,
those and other organizations partiCipated In and terrified of what will happen once the
the mlly. While the focus was on polke aclion, !';cuad eRr leoves. nOPE's r(ld nne\ while cards
Tampa Pollee Chief Eduardo Gonzalez cau- offer a valuable connection between law en-
tiohed that the police alone cannot clean up forcement and those held hostage by crime.
tliè streets. It tnkes the support of the local This small spark needs tending. Given the
community ns well, and that means a willing- right kind of support. It could grow Into a
ness to get Involved, to coli the pollee nnd tell flome "!ot will light a fire under the clty's
them wlmt Is going on. crime hot spots.
·
People Acting for Community Together
Pueblo Actuando para Comunidad entre Todos
Pèp k' ap AJI pou Kominote Tèt Ansanm
PACT FACTS DEC 03, 1993
ISSUES
PACT HOT SPOT CAMPAIGN:
On October 30th PACT held its first "Hot Spots" action against the Chiefs of Police from the cities of
Hialeah, North Miami, and Districts one and six from the Metro-Dade Police Departments.
During the action, the chiefs were presented with the Information gathered during the campaign done
throughout PACT churches. In this campaign over 5,000 "Hot Spots" cards were passed out with
Instructions to write down areas of high crime, such as drugs sales, prostitution, and gang activities that
take place In their communities. Over 1,000 cards were collected from St. John the Apostle Catholic
Church and Immaculate Conception Catholic Church In Hialeah; First Church North Miami Congregational
and Holy Family Catholic Church in North Miami; aswell as St. Vincent de Paul Catholic Church and Sierra
Norwood Calvary Baptist Church In unincorporated Dade County.
After all cards were collected, the Hot Spots Action Committee, composed of members from these
churches and from the PACT Youth Planning Committee developed the demands to ask the chiefs. These
were:
1. To investigate, develop, and report to PACT within 30 days of action with a short term plan on
how they are going to clean up the "Hot Spots".
2. To meet back with PACT within 60 days of action to review progress made.
3. To develop and report back with PACT within 90 days of action with long turn plans that finds
a permanent solution to the problem.
The day of the action over 120 people were present to meet the two chiefs and two districts commanders.
By the end of the meeting all the targets had agreed with PAcrs demands and encouraged all present
to continue working for a safer county. Plans are now been made for the first follow up meeting during the
weeks of December 6 and 13.
ICC COMMITTEB FOR A BETTER HIALEAH:
On September 17, the Immaculate Conception Committee for a Better Hialeah met for the first time since
February 1993. Its first agenda goal was to continue research In the Issue of code enforcement vIolations
and start gathering Information on developing a painting ordinance for the City of Hialeah.
During their Oct 29th and Nov 19th meeting, the Committee decided to concentrate on the passage of a
commercial ordinance. They agreed that the ordinance should include painting and upkeep of the
1883 N.W. 7th Street, #8. Miami. Florida 33125. (305) 643-1526/48
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Q) oW... oW en "CI ~ ë. "CI ~ ~ =.5 Q) =
where drugs are dealt. The ~ ui Q) ~ 0 ~ Q) 0.: 0 .¡;¡ 0:'= a.S! >. -5 >. ~.g
~~~~f"CI=~B8. en~&~~~]~Sg
infonnation will be turned over o ; "CI 0 ui'.t; ~ en Q) Q) 0 ...... Q) a .- Q) 'E! "CI
to police. ]Q)]~~. ~1J5-5 ~1ä-5G~~=-5Q)~
....~ ~:.= ;:,.. en "" &-5:: Q) ~ -5 :- .5 -¡;¡ .~ ..0 Q) <tJ
gt ~ U ~ & Q) 8 Q) ~ ~.~ e æ ~ .~ ~ Q).5 ~ -5 "8 B
By THOMAS J. BILLITTERI 'S 1" ~.~ ~ ] Jð 1ä -g Q) ·ã :: ~ S.~ ~ "" ~
Time. Religion Editor en .0 u 0 oW tz.. ~ -5 ::;¡~:.= a u 0. E ~
ST. PETERSBURG - Fed up with e: "CI "CI 0. ~ ·.!.1 >. Q) ..0 Q) en 0 t: cÌJ Q)';'..!. 0
drugs and related crime in area neigh- g~ªB =~. 'ã5-S'~'<;::~&'" :ã'êS';
borhoods, a coalition of St. Petersburg- Oenen Q)::I "CI = Q) .o~
"CI > þo'" > en Q ë <11 0 "CI <tJ Q) U ~ oW Q)
area religious groups has a plan to fight 1ä ~-g ~~ ÞOQ)oW=Q)"':'= oW::I_
back. g¡ 'ã : ···::11 a ~ 5 ~ .<tJ a ... & ¡i 8. : 1
'"' Q) . eO en "CI~O ~ Q)
:= Congregations United for Communi- ~ .S! ~ ::;¡ ~ = U Q) ~ Q Q) en .... Š S.o Q
e ~ ë rn is..8!3] ~ -¡;¡ ·-·ã 5 ~. U ~ ~ õ .-
ty Action is a group of 22 Protestant, Q) ÞO = ~ rn en._:.= 8. e = "CI !
Catholic and Jewish congregations. To- aQ)o.o ~ :soW ",Q)::;¡oW& 0=
...ow'¡:: o~ ......enQ)"CI ~ en "CI~~
gether with 11 other local congrega- ~ÞO>.~ owo ~~iSenenQ) ÞO ~>'Q)
(!") = - "'.0'- U
~ tions, the group will distribute carda a 81~ ~12'BoW ~~ Q.§ ~~~ g-šgß
asking members anonymously to identify o "!> a f-o "ii oW 0 ; ÞO oW
§ ... Q).,¡:: Q) "8 '" <tJ U 0. þo' ÞO
locations of suspected illegal activity, ~]~U~8¡~-S<tJ~e~]::I~~~~§~
names of suspects and the vehicles they ~ a ~ Q)'C~ ent: ~=!3 ÞOa ~~ ¡g~ ~'::.o...
e drive. Congregations United will turn <tJ Q) ~·2·8 Q) 6 Q) ]..8 Q) 15 Q) == ~ & ÞO ~ ~
over the cards to police and the city. ~ e 0 u 0. -5 'ü -¡;¡ ~ -5 u a.g.o en ¡;¡ Û ''¡::
The group plans to meet Thursday :6~Q).oQ)';'Q):: ~<tJ~"CI <1I0e:"CIQ)"CI 0
with Mayor David Fischer and police ~ ~ g ~ ~oS § oS::I ~ ; ~ 8 ª oS ª ~
Chief Darrel Stephens to explain the Q) .- rn == ow. ~'~!3 u =
>~"CIoS=<tJ.2'¡:: .... ÞO enQ)¡g .
"Hot Spots Campaign:' get acquainted ''¡:: .- ~ ::I ~ ~ "CI <tJ = Q) till
::I ~ ~.~.g "" ~ rn = ~ ?A oW Q) en ~ ~ ie·2 ui..§
~ with officials and ask them where they U .- :J 0 ~ 0.0 en .<;:: oS ~... oW Q)
see community "challenges and opportu- ~.~~j &.g~i B:i~~~:5~] 5 i !.~ ~
nities" concerning drugs and crime, said
Paul Cromwell, Congregations United's ~ 'C .9 ê ¡ ~ 15 ~] ~ 0. S ~ ~ ~ 0. § ~ i:'
~ paid organizer. ~ ~ tz.. 0. ~ 0 & Q) S'ê) i:: .$2 ~:a ~ 13 u·§ ë
....~Q):šQ)OS...· -goW rn .0_
The congregations will be passing - 0Q)~' -5 Q)~§ ow~=="5 .oê.o
out cards to people in pews or in meet- ~-Š=>: oW lit: ''¡::~~Q)..8.g ~Q) ~
~ .S! ~ . ~ ß 0: .g I II) 0 '"' <tJ..!! ¡g § ~ 8
ings after worship services. Most of the .0 "5:5:-, ~ ~ ~"CI:d:a' ~ t::: ~"CI ~.g ~~ ~ ~
religious organizations will distribute 0"" =~ow Q)t;"CI Q)~0Q) <tJ Q)oW
cards this weekend. But Cromwell said ~ßen<1lQ)g¡gu ~Q)~5UË"CIÞO~Q)~<
~ ~ :.=Q)-¡;¡ow....· ~Q)uoW
anyone can participate by calling Con- "" .~ "CI ~.!!!.g & -5i ''¡:: ~ ~ S .goo to2.5 ~
gregations United at 894-1694 and re-
questing a card. ...... "õ .5 'Ê é ~ Gso ~ 1& -! i ~ -Š t: :ø-
"One of the values I see in this is the 8, ... ~ <tJ Q) 0 Q) ~ Q) 8. > = !~
police force and the community working III £ u > e'g 6å Q) till ] ~ ui ~¿: !
a..
E en 0 -ð' ~ oW = 2 ~ Q) ~
..¡..J together," said the Rev. William Mason, 0 ¡g, "5 ~ § :=i'] 8'u 0 ~..:':: oS B ~ ~
pastor of St. Joseph's Catholic Church, C~ .0 Q) _ = j Q) 0 0 >':.= tj
2101 22nd Ave. S, and a Congregations "CIu......en~ 0"CI till "CI~O
United board member. "We don't want c:Þ ª !:I..8~£.~ ~ 1ä~ B~ ¡¡¡ ~p..~
.- .0 ..!! ::z "0 till' ÞO....·¡;¡ en 8 Q) ...
to thrust the entire responsibility on the !. .!:: u 1"11 'i '-\i ~ ~ II) ~ 1ä.t: ~ -5 0.
police. " ~...Q) Q) - e ~~¡;¡tIII i
'5Q)""=''¡:: ~en~'" Q)<tJB
"I think the Police Department is E ò ~ ~ p Æ ~ "0 ~ i B ~ "CI.!!! = ¡;¡
doing an excellent job, and I think they u f-o ~ j iŽ ª........:: = õ >..¡.<n.g ~:: .
would do a better job if they realize the "CI ~...¡' ~ _.0 a: .8 =] :a ~.o ~
community is backing them up," said the a .~ ~.~ ~ ~ 0 ~::;¡ ~ a oW e r d .~
=e..c::Q) ....o=~en~"CIo ~Q)Q)
Rev. Clarence Welch, a Congregations ::J p.. u ~ ~ u .g .g .2 ª ..t: ._ e:s!
Please see CAMPAIGN Page 4
, ~- ,,'·...~,'...f"\ ..~..,; .
.
.
HOTSPOT
Came!!,sn
This campaign gives citizens the opportunity to report criminal
activities anonymously (with the HOTSPOT CARD) and have police
to investigate and make arrest. Pastors, PULSE Board Members
and other concerned citizens will ride into these areas with
the City and County Police officers to make sure that these
reported "Hot Spots" are þeing neutralized of criminal activity,
Campaiqn Objectives:
l. To give residents ~he opportunity to anonymously report
suspected illegal and reJated crime activity in their
neighborhoods (such as ~omes and parks where drug are being
sold, etc. ) /
2. To alert police to suspicious activities. Even if the
police know about it, this campaign will alert them that the
community knows and wants something done about it.
3. To give PULSE and its member congregationð ~eðn& to
follow up with pOlice department regarding specific police
responses and actions taken. Our Pastors, members and citizens
will be riding with the ,officers in the "HOT" areas to make
sure each report is being followed up and resolved.
For more information about the PULSE Hot Spots Campaign,
contact:
People United To Lead The Struggle For Equali~y
180 N. E. 19th Street
Miami, Florida 33132
(305) 576-7590 or 95
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJ1" /1
SUBJECT: AGENDA ITEM it rA - MEETING OF MAY 17, 1994
RESOLUTION NO. 38-94
DATE: MAY 13, 1994
This is a resolution assessing costs for action required to
correct an unsafe condition (unsecured swimming pool) located at
3887 Angler Drive.
The resolution sets forth the actual costs incurred and provides
the mechanism to attach a lien on this property in the event the
assessment of $165.00 remains unpaid.
Recommend approval of Resolution No. 38-94 assessing costs for
correcting an unsafe condition on property located at 3887 Angler
Drive.
.
-- ,
f
-- ---- ~.- -- .--.--.- ---- -
RESOLUTION NO. 38-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun wi thin sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
.
....
-- _ _ __ u. - -
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and. parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6\)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 38-94
.
- ~._-- ~._---_.- --- --- ._--- ------------- -------------- - ---
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contal.ned
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1994.
MAY 0 R
ATTEST:
City Clerk
- 3 - Res. No. 38-94
.
NOTICE OF ASSESSMENT
Date
TO: Wisler Francois and Anne Evanie Sainrival
ADDRESS: 3887 Angler Drive, Delray Beach, Fl 33445
PROPERTY: 3887 Angler Drive, Delray Beach, Fl 33445
LEGAL DESCRIPTION: Lot 34, Block 12, Delray Shores First Addition according
to Plat Book 28 Page 2 of the official records of Palm beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $165.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1993, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 1-13-94
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 1-26-94
at a cost of $165.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
.
,
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF TilE CITY COHMISSION.
Cicy Clerk
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (/'jV ì
SUBJECT: AGENDA ITEM if'S - MEETING OF MAY 17. 1994
RESOLUTION NO. 39-94
DATE: MAY 13, 1994
This is a resolution assessing costs for action required to
correct an unsafe condition (unsecured swimming pool) on property
located at 522 Fern Lane.
The resolution sets forth the actual costs incurred and provides
the mechanism to attach a lien on this property in the event the
assessment of $500.50 remains unpaid.
Recommend approval of Resolution No. 39-94 assessing costs for
correcting an unsafe condition on property located at 522 Fern
Lane.
.
RESOLUTION NO. 39-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY I
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE I
CITY OF DEL RAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- I
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
! WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part I
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
" of Ordinances; and,
¡
:1 WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
'I designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
I forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
I
I did furnish the respective owner(s) of the land(s) described in the
I
! attached list with written notice of unsafe building and detailed report
,¡
i of conditions and notice to vacate as the Building Official determined
I that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
I Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
,I repaired or demolished; work must be begun wi thin sixty (60) days and
; all work must be completed within such time as the Building Official
:1 determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
:I failure to file an appeal or to make the repairs required that the
I Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
I
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
.
ï
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
I WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No.39-94
I
.
:1
il
í Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
¡ fee.
i PASSED AND ADOPTED in regular session on this the day
I
I of 1994.
I ,
I
II
1 MAY 0 R
'1
I ATTEST:
City Clerk
"
;
:
!
, - 3 - Res. No. 3 9 - 9 4
,
i
.
NOTICE OF ASSESSMENT
Date
TO: Addissa Youtte, Cerandieu and Lavilla Francois
ADDRESS: 522 Fern Lane, Delray Beach, Fl 33445
PROPERTY: 522 Fern Lane, Delray Beach, Fl 33445
LEGAL DESCRIPTION: Lot 3, Block 9, Delray Shores according to Plat Book 24
Page 24 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $500.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1993, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-17-94
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-1-94
at a cost of $500.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
.
,
Copy of all notices referred to in this notice are available in the
office of the Buildtng Official.
BY ORDER OF TilE CITY COMMISSION.
City Clerk
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: féITY MANAGER ~c, - MEETING OF MAY 17,
SUBJECT: AGENDA ITEM # 1994
AGREEMENT WITH PRIVATE INDUSTRY COUNCIL/"POSITIVE
CONNECTIONS" SUMMER PROGRAM
DATE: MAY 13, 1994
This is before the Commission to approve an agreement with the Palm
Beach County Private Industry Council for their "Positive
Connections" Summer Youth Employment and Training Program. An
overview of the program is described in the attached staff
memorandum. No funding is required by the City.
Recommend approval of the agreement with the Private Industry
Council for the Summer Youth Employment and Training Program,
subject to review and acceptance by the City Attorney.
ref:agmemo2
.
MEMORANDUM
TO: Susan Ruby, City Attorney
FROM: Patsy Fox, Human Resources Assistant~~
Ned Gusty, 'y¡l1 ..-
THRU: Interim Human Resources Director ~
SUBJECT: REQUEST FOR APPROVAL OF THE PALM BEACH COUNTY
PRIVATE INDUSTRY COUNCIL'S "POSITIVE CONNECTIONS"
SUMMER PROGRAM
DATE: Ma y 11, 1993
The following recommendation is being made to approve the
Palm Beach County Private Industry Council's "Positive
Connections" Summer Program.
Program Objective: To provide job opportunities for youth
which familiarizes them with the job
market, provides skill in training and
job seeking skills, and to complete
needed City wide seasonal projects.
Program will provide meaningful
employment experiences with tangible
outcome which will be beneficial to the
City and to the participants.
Program Duration: 6 weeks during the summer months. (one
week training with the Private Industry
Council, five weeks on the job)
Participant Ages: Between the ages of 14 to 21
Work Week: Not to exceed 20 hours per week
Hourly Rate: $4.75 per hour to be paid by the Private
Industry Council.
Residency: Palm Beach County residents only
Other Eligibility
Requirements: - Current driver's license or picture
I.D.
- Proof of current address
- Birth Certificates or alien
registration cards for entire
household.
- Social Security cards for the entire
household
- Proof of family income or public
assistance during the past six months.
- Proof of wages
- Proof of AFDC
- Proof of Food Stamps
- Proof of SSI
.
- Proof of Social Security Assistance
- Proof of child support and/or alimony
- If disabled, proof of disability
status
- If in college, proof of any grants or
loans you have received
- If an offender, proof you were in
prison any time during the past six
months.
- If in school, report card or school
record
- If applicable: Proof of draft
registration
These are set requirements regarding eligibility criteria
for enrollment into the program. A youth may be eligible for
"Positive Connections" Summer Program as an AFDC recipient
or a member of a family receiving AFDC, a food stamp
recipient or a member of a family receiving food stamps, or
an individual or member of a family meeting the income
guidelines. These documents are checked by the Private
Industry Council.
Restrictions: 14 to 21 years of age. Safety shoes if
required
Pre-Screening &
Selection Pre-screening and selection will be
conducted by the Private Industry
Council.
Recommended
Funding: None
Positions: We anticipate utilizing the participants
in clerical, recreational, maintenance
and other related positions. Placement
within City departments will be based
upon departmental requests.
AGENPIC.DOC/pf
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Check one:
f9 positive Connections (IDœ~ ~ 1]
0 Fast Break
0 Alternative Program (PBMI, PBYC, Camp Shalom)
0 Youth Services ?
Agreement No.
EMPLOYER
WORKSITE AGREEMENT ,FOR WORK EXPERIENCE
SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
This agreement is made for Work Experience Project under Title lIB
of the Job Training Partnership Act (the "Act ") between the Palm
Beach County Private Industry Council, Inc. (the "Private Industry
Council"), of 600 S. Dixie Highway, West Palm' Be;ach, Florida 33401,
Phone#(407)6S9-S2l3, and
l. City of Delray Beach .
(the "Employer")
Acl.dress: 2. 100 Northwest 1st, Delr;:¡y R¡:>ach, Fl. 33444
IRS No.3. 596000308
D~cr~~ttpn of Organization: 4.
r un~c.¡ a ~ty
~._~-::--~
r. TERM: The term of this Agreement and the starting and ending
dates 7':f the work experience shall be from 5. 6/20/94 , through
~ 8 26/94 ; provided that the Private Industry Council may
earlier termina te this Agreement by so notifying the Employer in
writing.
II. EMPLOYER REPRESENTATIONS: The Employer represents that (1) it
l.S a private non-profit or public non-profit corporation, and (2)
is capable of providing Work Experience in accordance with the
terms of this Agreement.
III. SERVICES TO BE PROVIDED: The Employer shall provide Work
Experience in accordance with the terms and conditions of this
Agreement, in the numbers and for the occupations described in the
Work Experience Job Order (Attachment 1) and Addendum for changes,
and the Description of Worksites (AttachD1ent 2), and the synopsis
of Summer Youth Employment and Training Program (Attachment 3) ,
attached hereto and incorporated herein.
A.. Referral and Selection
L The Private Industry council shall rp-fer to the
Employer for each position, one . or more individuals, JTPA
certified as éligible for partic~pation, if available, throughout
the term of this Agreement, 1n order to assure to the greatest
orig. 2J4í94
1
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~xtent possible the filling of all positions.
2. The PIC shall only refer participants who are
certified as JTPA eligible, between the ages of 14 to 21, and who
meet the employer's referral criteria as specified in the Work
Experience Job Order (Attachment 1). The employer shall have the
right to interview and select the participant subject to
non-discrimination guidelines.
B. Employment
1. Each participant shall be provided a meaningful
employment experience, with a tangible outcome and benefits to the
employer, the community, and the participant, and as specified in
the Job Order.
2. Employment shall be conducted at worksites
designated on the attached Work Experience Job Order and
Description of Worksites.
3. Employers shall ensure that participants are
provided adequate equipment and supplies for their assigned work.
f
4. Youth participating in Youth Services shall be
scheduled to work a specific maximum number of hours per week in
accordance with the specific program restrictions and shall not be
permi tted to work in excess of the maximum number of hours
permitted per day to be scheduled, or a total of five-hundred (500)
hours during the term of this Agreement. Some participants may be
required to work less time due to their concurrent enrollment in
other PIC programs. (See Attachment 3 for specific program
requirements, maximum hours, and restrictions.) ,
5. All employment and training activities hereunder
shall be conducted in accordance with the conditions set forth ln
the attached Assurances and certifications and with applicable law,
including Child Labor laws as attached (Attachment ~) .
c. Training
1. The Employer shall provide each participant with
meaningful, well-supervised job training consistent with the duties
and responsibilities of the job position, and designed to ensure
successful attainment of entry level skills and work habits
required of such position or occupation as set forth in the Work
Experience Job Order. ~
2. Such training shall include an orientation to the
organization and work station, including but not limited to the
Employer's policies and procedures, work and schedules and break
schedules. Ð ~ ~ '\\
orig. 2/4/94 2 ~ ~ ~
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D. supervision
1. Employment and training hereunder shall be provided
through the Employer's qualified supervisors, who shall be: (1)
regular employees of the Employer, (2) experienced in the work to
be performed by each participant supervised, and (3) determi~ed by
the Employer to be appropriate to supervise such participants, and
4) successfully completed a PIC sponsored tfWorksi te supervisor's
Workshop" .
2. The Employer shall maintain a ratio of at least one
(1) supervisor to a maximum of eight (8) participants, including
provision of a back-up supervisor during the absence of any
supervisor.
3. The Private Industry Council shall make appropriate
arrangements for the orientation and instruction of supervisors,
employing Worksite supervisor's Manual to be provided by the
Private Industry council. Employers, the employer's supervisors
and participants shall be provided with a manual outlining the
policies and procedures to be followed during the program.
4. The PIC shall ass1gn a case manager to each
participant in a work experience employment position who shall be
the liaison person between the Employer, PIC and the participant to
handle any and all questions, arrangements, difficulties or
disciplinary actions regarding the pa~ticipant.
. 5. The Employer shall have the right to take
disciplinary action, suspend, or disengage any participant assigned
under the te~s of this Agreement 1n accordance with the regular
personnel policies and practices of the Employer. The Employer
must immediately notify the PIC Case Manager or Youth Counselor and
follow up 1n writing of any terminatio~ and the reason for such
termination.
IV. COMPENSATION
A. The Private Industry Council shall cOffipensate each
participant at a rate of $ 4.75 /hour for hours worked during each
two-week pay period, upon receipt of proper documentation from the
Employer as specified below. In no event shall JTPA funds be used
to compensate a participant for hours in excess of those
contractually agreed.
B. The Private Industry Council shall provide ~orkers
compensation coverage and make applicable FICA and fed~ral income
tax withholding payments for all participants engaged 1n Work
Experience under this Agreement.
orig. 2/4/94 3 ~ m ~ ~ '\\
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V. TIME AND ATTENDANCE RECORDKEEPING
A. The Employer shall keep accurate time and attendance
records for each participant, employing the Time and Attendance
Record provided by the Private Industry Council. At the end of
each two-week pay period, the Employer shall have the supervisor
and participant sign a~d attest to the accuracy of such Record and
shall promptly submit :.t to the Private Industry Council.
B. The Employer certifies that: (1) it will only record
actual hours worked by participants; (2) it will require each
participant to sign in and out, employing the Time and Attendance
Record; (3) it will not permit participants to simultaneously sign
in and sign out.
C. No Time and Attendance Records shall be submitted by the
Employer to the Private Industry council for any individual who has
not been referred and certified as eligible for participation
hereunder by the Private Industry Council and the Employer shall
bear full responsibili1:y for payment for any hours worked by any
such individual.
VI. EVALUATIONS AND MONITORING:
The Employer shali iully cooperate in the evaluation and
monitoring of activities under this Agreement by the Private
Industry Council, the state of Florida Department of Labor and
Employment Security, the U.S. Department of Labor, and any other
unit of local, state, (.r federal government.
VIto ASSURANCES AND CEITIFICATIONS
The Employer assures aile:! certifies that it shall comply with the
provisions of thE Job Training Partnership Act (P. L. 97-300) (the
"Act") and regulõtions dnd policies promulgated thereunder, as such
Act, regulations, and policies may be amended from time to time,
and with applicable l"ws with respect to political activities,
private-for-profit employment activities, nepotism, conflict of
interest, fund raising, political patronage, and lobbying
activities. The ErnploYI~r further assures and certif ies as follows:
1. Employment and tr~ining provided to participants hereunder
shall conform to the job description and the duties to be
performed as set forth in the Work Experience Job Order.
2. Conditions of employment and training hereunder shall be
appropriate and reasonable with respect to the type of work,
and the proficiency of the participant.
3. Health and safety standards established under state and
federal law, otherwise applicable to working conditions of
employees, shall be equally applicable to working conditions
of participants.
orig. 2/4/94 4 ~ m ~ ~ \\
4. Except as may otterwise be provided in this Agreement, all
participants shalJ be provided benefits and working conditions
at the same level and to the same extent as other employees
working a similar length of time and doing the same type of
work.
s. Participants' aC1:ivities under this Agreement shall be
conducted in comp] iance with the child labor provisions at the
state of Florida, the Fair Labor Standards Act and other
applicable laws.
6. Employment under this Agreement shall not result in the
displacement of enployed workers or impair existing contracts
for services or r~sult in the substitution of federal funds
for other funds ill connection with work that would otherwise
be performed.
7. No participant sh\ll. be employed or job opening filled when
any other indivilual is on layoff from the same or any
substantially equ~valent job, or when the Worksite Employer
has terminated tile employroent of any regular employee or
otherwise reduced its workforce with the intention of filling
the vacancy so c: "eated by hiring a participant under this
Agreement.
8. No position under this Agreement shall infringe in any way
upon the promoti mal opportunities of currently employed
individuals.
9. . None of the funds disbursed under this Agreement shall be used
~ to assist, promote, or deter union organizing.
10. No individual shall be excluded from participation in, denied
the benefits of, subjected to discrimination under, or denied
employment in connection with this Agreement because of race,
color, religion, sex, national orlgln, age, handicap, or
political affiliation or belief.
11. The Employer shall afford participants an opportunity to
present any grievances or complaints about its activities
under this Agreement, in accordance with the Act.
12. Participants shall not be employed in the construction,
operation, or mairtenance of any facility as is used or to be
used for sectaria 1 instruction or as a place for re 1 ig ious
worship.
13. Employers that em: -loy participants in Out-Of-Doors type work
shall provide the Private Industry council with an inclement
weather plan in Wl iting and include this provision as part of
this agreement. . 1he inclement weather plan shall be attached
to this agreement
orig. ~/4/94 5 ~ ~ ~ ~ \\
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14. The Employer shall submit such information as may be required
by the Private Industry Council and the Florida Department of
Employment and Training in assessing the extent to which the
services provided under this Agreement meet the special needs
of disadvantaged, chronically unemployed, and low income
persons for meaningful employment opportunities.
15. The Worksite Employer will provide the ,1 of
U.S. Department
Labor and the Comptroller General of the united states,
through any authorized representative, access to and the right
to examine all records, books, papers, or documents related to
this Agreement for a period of three years from the date of
termination of this Agreement.
.
orig. 2/4/94 ~~~~~
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The Employer shall comply with the attached Assurances and
Certifications, which are attached hereto and made a part hereof,
and will retain a copy of this Agreement at each worksite.
EMPLOYER PRIVATE INDUSTRY COUNCIL
Authorized signature Authorized signature
Type Name Type Name
Title Title
Date Date
~~ít~~
.
orig. 2/4/94
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Addendum For ChanQes f
Prooram Name:
Prooram Sites: .T
Program Contact Person:
Prooram Phone: ¡
Program Description:
Program WE Goal(s):
Date of WE Component:
Max. # Hrs.:
Days of Work Permitted:
Hours of Work Permitted:
Approved by:
PIC Representative Date
,
Approved by:
Employer Date
-
®œ ~~ U
orig. 2/4/94
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WORK EXPERIENCE
I JOB ORDER
Instructions: One job order is needed for each position or iob, for each site. To save time we suggest you CQmplcte al! items
that will remain constant, make as many copies as you need and then fInish those items that are variables on the copies.
Worker's Comp Code: This is a four digit number assigned by your Worker's Comp Carrier for that position or job within your
type of business. We need this number so that we pay the correct amount to our aerier for this coverage.
~ncral Information j
Company/Agency Name~ Type of Business:
Main Address: Main Phone:
Contact person: Name: Title:
Job Site
Address:
Phone: Contact:
Directions:
I
Job Specific
Job Title: Worker's Comp Code: _ _ _ _
No. of openings: Days of Work: Hours of Work:
Description of job duties:
--
Specific SkiIls needed to do job:
I
(If this joh requires work outdoors. plea~e J((3ch an inclemcnt weather plan.)
Any special requirements or exclusions? (for cxample: age, physical capahilities. mcntal capahilities, Cle.)
Complclcd by: Tille:.
(1'1c.uc rrint
Signaturc: 1):1(<:: ill) œ [ß ~ ~
"
I
I
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I
I
This chart summarizes (he child bbof laws oflbc: SuIc of FIori<b and (he FdN'",,1 F"ir Laloor SI4.NI.1rt/s AcT (Fl.S.'.J.
The \!ricter provisions ate dcnoccd by :11\ aslcrisSc·. Attachment 2
'.' ~fISORS ., It 17 MISORS I~ It 15- t:a6t< HI~oId MA\' :O;OTWORK
SCHOOL 'fIocicú: !oUy NOT WO<i durinc school houn unlcu . f1orid.t: COMPUL.SOftY 104"" -.., (ull......, unlc.. . hi¡h school rndu.<c
A1TEI\DANCE hirh school ,rad,,*". holds . GED_ 0< is ~nroIlcd in . 0< hold. ~ ucmp<_ (rom ochooI _~. M.y no< won. .s...¡", ",hooI
school ...øó: c<p<ricn« ~. houn.
FLSA.: MIl.Y ifni ""Nt JIII'M.( KA...."........,.,
PERMITS fIoc;'. &: FLS.~: No< '~quit<d. Prio< 10 hirinr. ~mplo)'C'f must obu;" .nd ~«p . <opy 01 prool '" ~ fn< >It) ~n'pIo)"« un.kr 18 yc>n old.
TO '...·ORK
HOVRS . Aorid.t: tob)"...<JÓ. lip 10)0 houn. "'uk ...'hen school . Aorid&: 104.)" ",.O(i. J houn 141) . hen .ct>OOI i. schedu\c1 ¡he (oIlo""n, 41y.
Of WORK is in snsion. No _ dun 8 IocIuß . day. Mar...att 15 houn. "'cd; ..i><1o ><t.o>oI is in stt.ion. /o4.>y won. 8 houn an.
Docs no< >¡>pI)' duri", hoIid&).. and """""" uc"ion. Gay noc pK«<f"'! & .ctoooI 41y_
FUA.: Nn /it,u'dIHtttU. FLSA: ","Mil srAtttJI isÙ. k'J~..J,¡,Ãl.'" IfI4.UMM'" IS J """1'1 U#f J<Ån(J M.H.
6lwwrl 1t#"'·Jrlw..J J.r:s: ..('('L~,- #ftoI.U",.... is 1& /wur,.
Ao<id. I< FLS.~: Durinr h<>IodJ)s"' ...mmcr ~>C",ion <l&il) RUAimum is 8
houn .nd .. cdl)' nut"""" is JO """'.
SPREAD . Aorid&: M.)·..'Oft !><tVoun 6:30 ..ft!. &nd II p.m. AoridJ: M&y wort !><t..'<'Cn 7 ..... .,. 7 p.m. Vo hen ",hool is schedu\c1 <he
Of HOCRS ...·hen school is ",hedulcd.he ncu d&y. Docs no< Wy (olloVo'in, d&y. o"rin{: hoIid.1)""' """'"'" ">C",ian nuy ..-oci: un.il9 p.m.
durinr su""",,r V>C1lions &nd hoIid.ays. · FLS.-4.: It-Or! ",au No 1"<'ifotU,W'¡/ """"·('04 7 D ,,,. and 7 p.M. FrrJm lUll.. 110
FLSA: No lit"¡td';ttIU. LAhfV' Dø.'" 1f4d.'. .....v(·",9I'.JIff.
DA YS PER WEEK eAoòc:b: No me« dun 6 cons«v(i~ days pel wort. ....·~d~. FLSA: Nn limÙøt;""'J.
BREAKS ·Aorid.a: Minors....... be ,¡\'COO. JO minute mClI brClk i( ¡he)' ..'Oft an<>K IIwI ~ C<,...cc"'"..,.......... FLS..~: No li".¡,."ion.s.
AGRICt"LTI'RE eAocicú: Minors pu1tc&p.a1in, ¡., fumWC'C"k. no( on melt p.vcnu· bon. muSl c'OC"pI~ .·uh chc' umc rntncttOn1. u in Other~.
Fl..S.A: No limi,,,,H,,,s. FLSA: Nto ,,.~',.O<'" ~,,,,""d d.r"'1 ~Å<>oIlwu'J, Ma.,· .",t a¡", ~1tOOI
ill O('l""ftcI,Ù'HU IfDI Mrløf"~¿ 1w:¥Á-" ¡II D~råf:ul'''r~. 5<.. Child LAir« 8"1/..';,,
10J. (/! &: IJ .'"~dr øJJSIftlJ.,· b.r ~~:~d 1M D !fl'''' ",,·h~r< It,;ftOI"s pat"Otl is
D/sO "If,pllI.w-d. H(tt Jllrilf KIuKt/ ""-'I'.
RESTRICTED . Aorid&: C1tV\OI Vo'Oft in piKe Vo~ 1kobolic be"<r'r~s 1« sold. sell or sc"'~ akobolic be,~, E'<epcions nud< only b)' Aorid.&
OCCCPA TlO~S Di,'i,ion 0( Akobolíc 1kv«'!'C' &nd Tobacco.
Aorkb: No mi_ omd<r<he I(~ 0118 nuy...'Oft in .he« <xcupal""'-' dccl1r~ 10 be Iu.zNdous:
· In Of .1round c&plos4vcs ..eOpcf~inr OC' .1uiS1in, to ~ ICKtOO O'C'( ~ PTO horsc~·Cf.
· Lo"in,: or .....millin, (ori;.li(ls. <~~·in, ('QU'~nc. U1~ h.J:l"c1Iin,. pbl\cjn~~ Of plo....,in'
· eln buikfin~ COfts[l'VC'tton m.»ehUw:1')· Of ~ fnO'o in, rIUo..-tainc'~
· eln Of' 1COUÑt tOI.ÍC' subsunccs. cOCTOSivcs ()( pc\.l.icióc'S -'On :an)" sc1rroklin~ roof, 0< l>Jd<n ....-..,.c 6 (<<:,
.eFif<fi~hfing .. Wrcd.:i~.. dcmotition Of (,~1"~.ion
, Sbu~tucnnr. me11 podÎrl( proccuinr oc m<dcrinr ~ Minin, oc~ÍOftS
"EIc",òcal ,,·att .. Op<n(ton of po"Aou-dri,C1'I b:1:t.C'1')". tT'<"C.1I.(()(TT1inf:. wood....·CK'line.
p.1pc-f pt"OdUCb Of hoC1tin!, m.:...:hiOC"1..
FloOd.1: J-I.Jnd 1.5 ~cJ.( old') nu~ ro..:'oe ...on. L'"\ 1h<;'\.C OCcup.Jtlons Of U~ Iht\
C'quipmcn':
Po...·cr-dri...cn m>.::hincry
· Otlinf Of ('k.1nins nucb&n:::S
Woó.; in (cccure; or mc.J.1 cookn
.. U11n(: mc'.3t Ot \('!='cubk 1,JICCf'\
_.. · Po"'-cc-dn\·C'n bunJry ex dr;r ck.1:"".Jnf rru.. h,,¡.c~
·"()oo(·to·door \.Jk. o( pcoducu k\ cmpto~-mcnl
· SPf3Y pJ,intin, .
· Op::(JCtn~.J. O'\O«)( vdt«:k
· Any m.J.nu(.x'u('n~
.- Allìf.J.t()( ""'f'C'-.tlln,
FLS.-4., X(, m;,,0'1 ulIJ..r 18 MD5 It< <mplo5uJ ;11· eMt>iOf 1'("111'-/(" ()(-ruf'O';""I. ,n.ýilt.( ð\', "{\cJlf""'~ ""J'<": { t"f"("J' ,f,.,n. h.,t(rry m.od,i"U"J
f"Or<r producfJ m.QCI,'III."S. D'('llilnJ o.rfolÎ1·~j. '""""1. In.(l"',(. JC" m,IIIn.(. ~ ("( ...o.Ki... €fo'(,....( .:~ ",("t..;1 lO","III,'\ m4Jrh"'C'J. h''J/UlI
0f'r...,Jru,uL Jlou,t:hll."rt".(. nr "f<"ot lJ<Jd:iftt oaw.p.Jlln"'J fC/Rrll[R u.'ur"'Tlo.\S "'I'I'LI'. ""'':-' fh< C oS D<{'I "f Lal><>, ~a,(r &< H"'"
011 HUIII/'" ",arl." ,n/nrnwIÙJIt
.---
EXCEPTIO'S FloruJJ' ~flnoo, v.ho !oI.orl (Of the'l( p.J.(cnts in OCCUp.Jlu.>n\ nol dC\'.HnJ h,Jl.1tdou~ Jrc C1.Cmpt (:.....-: rc:'lrl"':~....M'h on hour\ P .)fc~ in the f1..>n..1..1
«-00 f:.. C( kt·\I.Jlurr, Sc"" ~pJ,f'C'r dclt\·cry (10 yc.I.~ oldJ
2u(hor;lics ",\1H\4,"Ir\ In) J.~c m.)~ r<nonn incnlcnJ.fnmcnt prodU<lIQtl\ rCf:tqcrcd ....tln the CbJJ u~ ~I..:..-: Fl.x--':.z o.:-p.J:111ICnl o( lJh<."Ir JJ'\d
(or mor(' Emrl.!~ l"Cnf SC4.~urÙy (mociOC\ p...·tu{C\. TV J.nd r>dIO. moddtnf. phofo~r.lphy_ rc,,:\o{dtnt\. ff-.>:'~"" .)<f (.r~· \,,:'..(' \ I \"nOI"'\..... no J,rc cnrolled In
infl1rm:'lionl ,.,,,,,,,., .JIH C cJV( .I'lon Pfofnm'\. h",ld cllcmptlC\lfl'\ (rom ",,:h()\~ .lllcnJ.Jn,·< Of ... J,,\ cn. of h..>uf\ 'r .....~.~·I'vr:~ : :(~ .J ,..,:h....) ~uf'·lInt('nt.kr.1 oc
Ihe ChllJ LANr SCChOC"l. F1\JndJ. Dq'I.Jnmcnl of LtOOf ~nó f.mrlt'~l11cnl Se,,:uftI~
"_S~ \f,"I"" rn'/"/".,rJ h.'·'/'ru f"'J'l."ftU,It (II(' "('1""....'"#0( J("~ lu,('J /'.,}:."J,Of" tf,t'kH\ r",¡.i.,~,·,:<.J';_ '.01) .., ¡·(',/...,.,,.,,,n 1{',I..'",'".r"
r'I/,.,I,),,,,,,(',,, r"oduc lUll" .4.1'~""J t"",.JII,J,n ('0('('<'<.J(I\'(' ('J... oJfI"'1 PfClt:.', 4J,," Dr/II c·, \ .1 ,,-,.~ I.""v.......,:
_,·u _ - -- ----------- .--------.----- ..-- -._--- --. _..--~-
f'E.'> ,\ I.TI ES nvuJ.J (mp(u~ nh.·ne Q( nuOOt" en \,tObt,on of f\1)(d.l (1uld l..Jt..,. LJ...." na.;l~ f'oc' fU'I('"tJ up 10 \: _~:'I f'I:' ,,':~cn...(' JoJh', he IU,h} of J 'oC":onJ
d('"~'lcC' nll'4.krnc..II\oOf'
I L.I.' .~f."II7'UI'''' li,.n "r 1.' SJO,(){X). ~
----- - ---_._---- .---.,-----.--------.-- - -- -- -------
WORKERS' "floncJ.J If ...n IOJycC'd m",\C,( í~ ~p&o)'~d In ",~..hOO 0' :¡n} p...,..t\,on, o( lbe chll4l.rbcx I~..., 0( F"kwo.J..l
CO~PE:-;S\TIO:'i 10 dovhk the t,·(WT1pcrtUtKII(1 ~f'Wi:(.(' ~y;,abk unðcf FlorKJ;a WOlLc(\,' Comrc",.ftOllJlft U....
POSTI:-.'(; eAOf'<.1,a· All ('mp'o)c" uf minou mv'\t po'\I in I ("otnp..,:vou.. pt.K"C on lhe prHp:'n~ Of pU<"c of ..~) mocnt ... hoclC II
REQl'IRE\lE~TS P",uC'c nc)lfytn~ mll'KW~ of lhe (")wid L.:ahoc' l..1...,.
FOf .,,(orm.JIIOf'I on \1"'1(' I.;a.... \ conl,;,el ~ Rorida Department of Labor
non..!. Dc,..."mcnl of 1....1><" 1"" Em,..lo) men< Xc""')'. o..1d l.Jbo< Xcto<>n
PO 80. 16YK, T.II.h.",,,. fl.. ~~,\()!·16YS, Tclcr"onc 9O-I-CSS.J IJ 1
Ft"u '''!ffrnwtl(If'' '"' F ,d"f)1 If)'" J , (Wlld( I and Employment Security
US Drrurlmr,,',1 ÚJhor "d.C', & Hnu, D'-"IU'M
t. ".·.1 ,., ,/'r ,,·It'rh. ·u.· ,/" ,.. ,." I "11.1,,, (. «; r;... r"''',r", ~ '~K&nðS I.,... WO'''''f"oQ floc",,'
.==--. ----.---..-------
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Attachment 3
SYNOPBIB OF BUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
MARCH 9, 1994
PROGRAM SPECIFICS
.1
Positive Connections: (up to 20 hrsjwk, 4 hrsjday max.)
Positive Connections will basically be conducted as it was last
summer: half day in class and a half day on a worksite with
transportation and lunch provided. The program is projected to
serve 1250 youth at school sites throughout Palm Beach County. This
program features applied math and language arts classes, computer
remediation, enrichment and a high technology experience. The youth
will be place according to their objective assessment and interests.
Fast Break: (up to 40 hrsjwk, 8 hrsjday max.)
Designed to be conducted on PBCC Campuses in conjunction with PBCC.
This will be arranged via a financial agreement with PBCC.
Graduating Seniors who meet criteria will be selected to participate
(there are 441 graduating seniors on the free lunch list). The
program will be conducted for six weeks, the youth will work 40
hours per week and be paid $5.00 per hour. It is estimated at this
time that 135 youth will participate in this element. Those youth
who successfully complete the program and who will be remaining in
Palm' Beach County will be assessed for possible status change into
II~~ training activities.
Alternative Program: Palm Beach Marine. Institute (up to 20 hrsjwk,
8 hrs/day rnax.)
The Director, Jack Ross, indicates that there will be one team of 5
youth who will participate in Graffiti Busters, a project designed
to eliminate graffiti on property owned by public and non-profit
agencies. The youth will rotate through this program so that
approximately 25 youth will be participating altogether. Mr. Ross
:,-,,:,~:,;ç,st.s ~~.~t. We find some way to assist in paying for the gas for
the van that transports the youth to the site. PBMI will be
;:-:-':.'viding the transportation and the supervision. A few of the more
advanced youth will possibly have a regular SYETP job. The money
the youth earn will primarily be applied toward owed restitution.
This is an HRS commitment Drogram and is run by a non-profit agency.
orig. 2/4/94 ~~ík~~
~
· .
A1ternative Program: Pa1m Beach Youth Center (up to 25 hrs/wk, 8
hrB/day max.)
,
Mr. Dan Brown indicates that 12 youth will be participating. They
will work 25 hours per week for 10 weeks (6/13 to 8/19) for $4.50
per hour. These youth will be kept on site and Mr. Brown has a
number of things which they will be doing. He will provide all
materials and the supervision of the youth. This is an HRS
commitment program and is run by a non-profit agency. Thése youth
will be dual enrolled in II-C/II-B.
Alternative Program: Camp Shalom (up to 20 hrs/wk)
This project has 25 youth who will work 4 hours per day for 10 weeks
(6/13 to 8/19) and who will be paid $4.50 per hour. These youth
will probably work on site, but some might work off site under close
supervision. This is an HRS commitment program run by the School
Board and the Jewish community Center. These youth will be dual
enrolled in II-C/II-B.
Youth Services (up to 40 hrjwk)
There are several organizations locally which recruit this same
group of youth as participants in their summer programs. Examples
of these youth enrichment activities include: bank camp,
cheerleading camp, sports camp, church camp, arts/acting camps,
health occupations exploration, etc. to name a few. Some youth do
sign up for Positive Connections knowing that they will take off to
do these activities. They do this because they r.eed the money that
the job offers them. This year we propose to cooperate, instead of
compete. We recommend providing a work experience, the date of
which we will work around their planned activity. This activity
will be verified with the organization and the youth will only be
aalowed to wOLk the same number of hours that they would have worked
if they were in the positive Connections Program.
SYETP PROPOSED BODGET
Program Element Planned Enrollment Projected Budget
School Board:
positive Connections 1,250 $1,700,000
PIC:
SYETP Wages, FICA, WC NjA 1,059,000
PIC OPS NíA 640,157
Youth Services:
YS--PICjFast Track (P3CC) 135 64,125
PB Marine Insti~ute 25
PB Youth Center 12
Camp Shalom 25
Other lOG
------------------------------~~~~~---------------~;~~~;~;~--~ ~ ì1
'.
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- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER e,'jv'\
SUBJECT: AGENDA ITEM * ~~ - MEETING OF MAY 17. 1994
APPROVAL OF TRANSPORTATION ENGINEERING CONSULTANT FIRMS
DATE: MAY 13, 1994
This is before the Commission to approve the selection of David
Plummer and Associates and McMahon and Associates as Transporta-
tion Engineering Consultant firms. The firms will provide the
City with on-going "as needed" services.
Four firms responded to the Request for Qualification. Their
proposals were reviewed and ranked by the City Engineer, the
Assistant City Engineer, the Deputy Director of Public Utilities,
the Director of Planning and Zoning, and the Principal Planner,
and the top two firms were selected.
It is anticipated that approximately $15,000 will be expended in
the coming year for transportation related services; i.e.,
traffic studies, routing, parking, etc. Funds for the remainder
of this fiscal year will corne from the unexpended Traffic
Engineer salary in the Planning and Zoning budget. In the corning
fiscal year the funds will be included in the budget of the
Engineering Department.
Recommend approval of the firms of David Plummer and Associates
and McMahon and Associates to provide transportation consulting
services.
.
· ;l{
, ,
t:iv1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~
FROM: DIANE DOMINGUEZ, ~
DIRECTOR OF PLANNI G & ZING
SUBJECT: MEETING OF MAY 17, 1994 **CONSENT AGENDA**
SELECTION OF TRANSPORTATION ENGINEERING CONSULTING
SERVICES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of two firms to provide on-going transportation
engineering services on an as-needed basis.
B A C K G R 0 U N D:
On February 22, 1994, the City Commission authorized staff to
proceed with the selection of a Transportation Engineering
Consultant to provide on-going services, in lieu of maintaining
a Traffic Engineer on staff. Following that meeting, a Request
for Qualifications for transportation consulting services was
advertised.
Four firms responded to the RFQ. The proposals were reviewed by
the City Engineer, the Assistant City Engineer, the Deputy
Director of Public Utilities, the Director of Planning and
Zoning, and the Principal Planner. Based upon the results of
the review, the firms were ranked as follows:
1- David Plummer and Associates
2. McMahon and Associates
3. Kimley-Horn
4. Walter H. Keller, Inc.
It is recommended that the top two firms be retained to provide
services on an as-needed basis. It is anticipated that
approximately $15,000 will be expended in the coming year for
transportation related services, which will include the review
of traffic studies submitted with development requests,
preparation of traffic studies related to concurrency issues
such as an exemption for the downtown area, and advice on
specific transportation issues such as parking, traffic routing,
and the like. Having two firms on hand will provide greater
flexibility in addressing the various items, and will help to
avoid scheduling and other potential conflicts.
·
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City Commission Documentation
Transportation Consulting Services
Page 2
Funds for the services will come from the unexpended Traffic
Engineer salary in the Planning and Zoning budget. In the
coming fiscal year, the funds will be included in the budget of
the Engineering Department, which will administer the contract.
Pending Commission approval, staff will prepare a standard
Agreement for Services outlining the general duties and
responsibilities for execution by the two firms. Specific
duties related to the completion of actual studies and projects
will be detailed in Service Authorizations.
R E COM MEN D E D ACT ION:
By motion, approve the firms of David Plummer and Associates and
McMahon and Associates to provide transportation consulting
services on an on-going basis.
T:CCTRAF.DOC
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf1~ 1
SUBJECT: AGENDA ITEM i ffl3 - MEETING OF MAY 17. 1994
RATIFICATION OF SCRWTD BOARD ACTION/I.B.F.O CONTRACT
AGREEMENT
DATE: MAY 13, 1994
This is before the Commission to ratify the contract agreement
between the South Central Regional Wastewater Treatment and
Disposal Board and the International Brotherhood of Firemen &
Oilers (I.B.F.O.) Local 1225.
The Board approved and ratified the agreement, which will become
effective upon ratification by the City of Delray Beach and the
City of Boynton Beach in independent session.
Recommend approval of the agreement between the SCRWTD Board and
the I.B.F. & O.
.
. -,
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 21, 1994, by a vote of 7-0, approve ratification of agreement between South
Central Regional Wastewater Treatment and Disposal Board and International
Brotherhood of Firemen & Oilers, Local 1225, AFL-CIO, providing an effective date
and for other purposes.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in open session by the City of Boynton Beach this
_ day of , _, by a _ vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , _, by a _ vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
RESOLUTIOH 94-]
A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD APPROVING AND RATIFYING THAT
CERTAIN AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD AND INTERNATIONAL
BROTHERHOOD OF FIREMEN & OILERS, LOCAL 1225, AFL-CIO,
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS , the PUBLIC EMPLOYEE RELATIONS COMMISSION ( "PERC " )
created by Florida Statute 447, Part II, Chapter 74-100, as
certified by LOCAL #l225, the SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD (the "BOARD" ) has entered into
negotiations with INTERNATIONAL BROTHERHOOD OF FIREMEN Ii. OILERS
("IBFO")¡ and
WHEREAS, the parties have reached an agreement in the form of
Contract attached hereto as Exhibit "Ai" and
WHEREAS, the members of the IBFO of Local #1225 ratified the
Agreement between South Central Regional Wastewater Treatment and
Disposal Board and International Brotherhood of Firemen Ii. Oilers,
Local #1225 on April 20, 1994 by the requisite vote.
NOW, THEREFORE, BE IT RESOLVED THAT:
l. That certain Agreement between South Central
Regional Wastewater Treatment and Disposal Board and International
Brotherhood of Firemen Ii. Oilers, Local #1225, attached hereto as
Exhibit "A" is hereby approved and ratified by the South Central
Regional Wastewater Treatment and Disposal Board.
2. This Resolution shall become effective upon passage,
ratification by the City of Delray Beach and City of Boynton Beach
in independent session and upon full execution by both parties.
RESOLVED this 21st day of April, 1994.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
By: ;:~" i! ,/
ð/~-<¡<-,Id
I
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ'1/¡
SUBJECT: AGENDA ITEM # ~F - MEETING OF MAY 17. 1994
RATIFICATION OF SCRWTD BOARD ACTION/J.J. KIRLIN, INC.
CHANGE ORDER
DATE: MAY 13, 1994
This is before the Commission to approve increase Change Order
No. 1 in the amount of $17,993.00 and to extend completion date
30 days to the J.J. Kirlin, Inc. contract for wastewater system
improvements.
The original contract was for $1,088,900.00 and for 300 calendar
days Substantial Completion. Change Order No. 1 would increase
the contract to $1,106,893.00, and extend Substantial/Final
Completion to 330 days.
Consultant William Pulsford of Camp Dresser & McKee Inc. (CDM)
stated that the Change Order (Final/Reconciliation) is a fair and
equitable settlement for both parties.
Recommend ratification of South Central Regional Wastewater
Treatment and Disposal Board action approving Change Order No. 1
in the amount of $17,993.00 increasing J. J . Kirlin contract for
the Repair and Replacement Projects Sinking Fund to
$1,106,893.00. Final payment due $82,588.00 including retainage.
,
,
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 21, 1994, by a vote of 6-1, approve Change Order #1 in the amount of
$17,993.00 increasing J.J. Kirlin contract for the Repair and Replacement Projects
Sinking Fund to $1,106,893.00. Final Payment due $82,588.00 including retainage.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in open session by the City of Boynton Beach this
_ day of , _, by a _ vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , _, by a _ vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
- - ~ ..,. RECEIVED
CDM APR 26 1994 CAMP DRESSER & McKEE INC.
Ans'd............
environmental engineers. scientists, 1500 N W. 49th Street, Suite 300
planners, & management consultants Post Office Box 9626
Fort Lauderdale, Florida 33310
305776-1731, Fax: 305928-1649
April 25, 1994
,
Mr. Robert J. Hagel, P.E.
Executive Director
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Oelray Beach, Florida 33445
Subject: South Central Regional Wastewater
Treatment and Disposal Board
Repair and Replacement Project
JJK Project No. 4057
COM Project No. 6171-10
Change Order No.1 - Final Reconciliation
Dear Mr. Hagel:
Following the recent meeting of the Board, we are writing to provide further clarification
regarding Change Order No.1 - Final Reconciliation.
During the course of the project the Contractor, John J. Kirlin, Inc. of Florida OJK),
submitted claims for the following items:
· 36-inch yard piping conflicts
· Additional stucco repairs
· Excessive rain
· Annunciator panel
· Additional work in the clarifiers
At the closeout of the project COM met with JJK to discuss these claims and arrive at a
resolution. During the negotiations with JJK the validity of the claims was discussed
together with offsetting credits that arose during the construction process. These
offsetting credits included the deletion of additional grout within the clarifiers,
reductions in yard pipÍl1g, and reimbursement to the Owner for additional chemicals
used during the early operations of the dechlorÍl1ation system. The negotiated resolution
to all these items resulted in the reduction of all claims to $0.00, with the exception of
the 36-inch yard piping conflicts, for which an additional cost of $10,109.00 is included
within the Change Order. The resolution also Íl1cluded allowing JJK a non-compensable
time extension of thirty days, meaning that ù1e date for Substantial Completion
coincided with the date for Final Completion. In this way the overall contract time for
completion was maintained in accordance with the original contract.
Printed on recycled paper
,
· -
CAMP DRESSER & McKEE INC.
Mr. Robert J. Hagel, P.E.
April 25, 1994
Page 2
We believe that the final reconciliation represented by/this Change Order is a fair and
equitable settlement for both parties.
At the recent meeting of the Board we also discussed the dechlorination facility. CDM is
working with the equipment supplier, Hayward Inc., to resolve outstanding problems
with the sampling pumps. These problems have arisen because of excessive amounts of
air and stringy biological growth in the effluent pipeline.
One of the two centrifugal sampling pumps will be changed out for a positive
displacement pump; this pump will be provided and installed free of charge. Once this
positive displacement pump has been installed/ we are confident that the dechlorination
system will operate effectively.
CDM will keep you fully infonned as to when the sampling pump will be changed out.
If you require additional information or clarification, please do not hesitate to contact us.
Very truly yours,
WGP /bao
File No. 6171-10
cc:
bo0641
Printed on recycled paper
,
CHANGE ORDER AGENDA I T E M -(;,--)
(Instructions on reverse side) No. One (1)
.-_. Repair· and Replacement Project March 24, 1994
.- PROJECT: DATE OF ISSUANCE: ,
OWNER: South Central Regional Wastewater
Treatment and Disposal Board
(Name, 1801 North Congress Avenue
Address) Delray Beaéh, FL 33445
I
CONTRACTOR: OWNER's Project No.
John J. Kirlin, Inc. of F1.Q}:'ida
5430 NW 33 Avenue, Suite 106 ENGINEER: Camp Dresser & McKee Inc.
Fort Lauderdale, ~L 33309
CONTRACT FOR:
Wastewater System Improveme~ts 6l71-1()"
ENGINEER's Project No.
You are directed to make the following changes in the Contract Documents.
Description: Final and Reconciliation Change Order (see attachments) -
Purpose of Change Order: To provide for project closeout in accordance with the Contract
Documents. To provide for the formalization of previously issued Work Directives, if any
Attachments: (List documents supporting change) A-Item Descriptions; B-Change Order Cost Summary;
C-Supporting Documentation List ~
. --
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
SC-Substantial Completion
Original Contract Price Original Contract Time FC-Fina1 Complet ion
$ 1,088,900.00 SC=300 cal. days FC=330 cal. days
days or date
Previous Change Orders No. 0 toNo. 0 Net change from previous Change Orders
0
$
days
Contract Price prior to this Change Order .- Contract Time Prior to this Change Order
$ 1,088,900.00 5(:=300 FC=330
days or Qte
-
Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order
$ 17,993.00 SC +30
day.
-
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
I
$ 1,106,893.00 SC=330 FC=330 . . . .
day. or date
- -- -. ..
- -- .-.... ... ..
RECOMMENDED: APPROVED: APPROVED:
- bY~~~~\S)&'" ~
by by Own~
~/3Af/91f-' Robert J. age 1 Coni or ? _ '2..5"A4
ÐCDC No. 1910-8-8 (1983 So.Central Reg.Wastewater
Prepared by :I>e Engineers' Joint Contract C«uments Committee and endorsed by The Associated General Contractors of Amenca.
ac,nllllt. SIIS
,
Attachment "A"
Item Descriptions
South Central Regional Wastewater
Treatment and Disposal Board
Repair and Replacement Project
JJK Project No. 4057 /
CDM Project No~ 6171-10
Change. Order No.1 (Final/Reconciliation)
Item No.
1 Description: Addition of thirty (30) excusable days to the Substantial
Completion (SC) milestone.
Pw:pose: Excusable, non-compensable extension to SC that reflects the
actual date of SC achieved by the Contractor. This excusable extension
was agreed upon as part of the negotiated settlement between the parties
to the contract regarding all outstanding issues.
Cost: $0.00
~
"- -
- 2 Description: Increase to the Contractor for removing existing drywall -
and furnishing and installing new drywall in the laboratory.
Purpose: To reimburse the Contractor for providing enhanced wall
finishes in the laboratory.
Cost: $1,272.00
3 Description: Increase to the Contractor for furnishing and installing
revisions to the plumbing in the laboratory.
Pux:pose: To reimburse the Contractor for performing additional
plumbing work.
Cost: $424.00
boO$49
--.--. -
,
Page 2
4 Description: Increase to the Contractor for furnishing and installing
flushing lines for the clarifier drain lines.
Pux:pose: To reimbúrse the Contract9r for items beyond the scope of his
work.
,
Qlli: $3,208.00··
5 Description: Increase to the Contractor for furnishing and installing a
backflushing system for the piping to the sample pumps at the
dechlorination building.
Pux:pose: To reimburse the Contractor for items beyond the scope of his
work.
Cost: $363.00
6 Description: Increase to the Contractor for furnishing and installing two
air release valves on· the 36-inch effluent main.
Pux:pose: To reimburse the Contractor for items beyond the scope of his
work.
Cost: $1,334.00
7 Description: Increase to the Contractor for the difference in cost between
8-inch plug valves and 6-inch plug valves.
Pux:pose: To reimburse the Contractor for supplying three 8-inch plug
valves in lieu of the three 6-inch plug valves indicated on the contract
drawings.
Cost: $895.00
I
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~9 ,
,
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Page 3
8 Description: Increase to the Contractor for conduit and wiring for the
relocation of the flow recorder at the Plant.
,
Put:pose: To reimburse the Contractor for items beyond the scope of his
work.
~ $388.00
9 Description: Negotiated settlement between the parties to the Contract
representing mutual satisfaction of all claims and time related matters.
This negotiated settlement includes reimbursement to the Contractor for
additional work performed during the laying of the 36-inch
interconnecting pipe between Plant A and Plant B.
Purpose: To resolve all outstanding issues related to the Contract.
Cost: $10,109.00
,-
-
,
~9
,
South Central Regional Wastewater
Treatment and Disposal Board
Repair and Replacement Project
JJK Project No. 4057
COM Project No. 6171-10 I
Change Order No.1 (Final/Reconciliation)
~N2... Cost
1 $ 0.00
2 1,272.00
3 424.00
4 3,208.00
5 363.00
6 1r334.00
7 895.00
8 388.00
9 10.109.00
Total Cost of Change Order No.1 $17,993.00
This Ch~nge Order includes not only all direct costs of Contractor such as labor,
material, job overhead, and profit markup, but also includes any costs for modifications
or changes in sequence of work to be performed, delays, rescheduling, disI:Uptions,
extended direct overhead or general overhead, acceleration, material or other escalation
which includes wages, and other impact costs.
baOS49
,
.
~ FLORIDA EAST COAST RAILWAY COMPANY
ONE MALAGA 8TREET, P. O. BOX 1~8, 8T. AUGUSTINE, FLORIDA 82086-1048
May 17, 1994
File: 317-48
Mrs. Allison MacGregor Hardy
City Clerk
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Mrs. Hardy:
It has just come to my attention that a matter is scheduled for
consideration at the City Commission meeting tonight that may
infer the use of the Railway's right of way for customer parking
of the Delray Drive-In Theatre Swap Shop, Inc.
This is to advise that under no circumstances has the Railway
granted anyone the use of the right of way for such purposes and
that we will not permit any such use now or in the future.
Sincerely yours,
7?7. CJ· ß---t:¡:;
M. o. Bagley, Mana er
Industrial Development & Real Estate
MOB/ver
RECEIVED
6'1¡Q 19q
CITY CLERK
.
· ~~
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEAÇH, \H?RIDA 334¿4
Wr~t_r _ r_c~ ~n_
FACS\!\!ILE 407/2784755
(407) 243-7090
MEMORANDUM
Date: May 10, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: License/Hold Harmless Agreement for Parking Along
Dixie Hiqhway - Florida Drive-In Theatres
The License/Hold Harmless Agreement is to be entered into by
the City and Florida Drive-In Theatres. The agreement grants
the Licensee the right to use the right-of-way along Dixie
Highway from N.E. 14th Street to the north City limit. In
return for the license, the Licensee shall indemnify and hold
the City harmless for any damages occurring as a result of the
use of the right-of-way for parking. The Licensee is also
required to maintain the property free of litter and debris,
and to provide required insurance.
Please call if you have any questions.
DNT:smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
driveinl. dnt ¡(IP ~
;¿ .~?
~~cy . ~
~ ó Cøv~
+iÞ
<3G
,
·
LICENSE AND HOLD HARMLESS AGREEMENT
THIS LICENSE AGREEMENT is made this day of
, 1994 between the CITY OF DELRAY BEACH, a
Florida municipal corporation (hereinafter referred to as City)
and FLORIDA DRIVE-IN THEATRES, INC. , a Florida corporation,
(hereinafter referred to as Licensee).
WIT N E SSE T H:
WHEREAS, the City Commission of the City of Delray
Beach, Florida, desires to authorize the Licensee to use a
certain publicly dedicated right-of-way; and,
WHEREAS, the Licensee is desirous of constructing
certain improvements on a portion of said right-of-way.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS
SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES
HEREBY AGREE AS FOLLOWS:
1. Incorporation. The recitations set forth above
are incorporated herein.
2. License Agreement - Licensed Premises. The City
grants to Licensee permission to use the publicly dedicated
right-of-way of the City along Dixie Highway from N.E. 4th
Street to the north City limit (hereinafter referred to as the
licensed premises or the subject property) . The intention of
the parties is to create a license only.
3. Term of License. This Agreement shall extend
for a period of twenty-five (25) years from the date of this
,
·
Agreement and shall automatically renew for successive
additional one ( 1 ) year periods thereafter unless either party
gives notice of its intent not to renew sixty (60) days prior
to the expiration of the twenty-five (25) year term or one year
automatic renewal terms, unless the agreement is cancelled, or
terminated as provided herein.
4 . Use of Licensed Premises. The Licensee may use
the above described property for the following purposes:
Installation, maintenance, and use of improvements
associated with automobile parking installed within the
publicly dedicated right-of-way, including guardrails, parking
stops, sidewalks, and walkways.
5 . Conditions of Use. The City's permission to use
the licensed premises is subject to the following conditions:
(a) Any and all other purposes and uses consistent
with the foregoing purposes and uses as referenced in Paragraph
4 above, or ancillary to such purposes and uses may be permit-
ted only upon further written consent by the City.
(b) All improvements proposed by the Licensee and as
referred to in Paragraph 4 and any other improvements proposed
shall be constructed by the Licensee provided; however, that
the City also retains the right to make and construct improve-
ments to the licensed premises during the term of this license
agreement. The City shall use its best efforts to not disturb
improvements made by Licensee or interfere with the rights
granted to Licensee hereunder.
2
,
.
(c) The Licensee shall maintain and keep in good and
proper repair all improvements to the licensed premises made by
Licensee at its sole cost and expense, with no cost to the
City. The Licensee shall keep the entire licensed premises
free of litter and debris, and in a neat and orderly condition.
The Licensee understands that any improvements made by the City
to the public utilities, road surface or any other improvements
made by the City which cause improvements placed on the
premises by Licensee to be altered or damaged will result in no
liability or cost to the City for such alteration or damage,
and all costs of repair of the improvements originally made by
the Licensee will be at Licensee's sole cost and expense. The
City shall use its best efforts to not alter or damage any
improvements placed on the licensed premises by License and
shall attempt to minimize damage to the improvements. Should
the Licensee fail to initiate repairs or to maintain its
improvements thereon in a neat and orderly condition and in
proper repair, or fail to keep the entire licensed premises
free of litter and debris and maintained in a neat and orderly
condition, the City may provide Licensee with notice thereof
and should Licensee fail to initiate corrections within thirty
(30) days of such notice, the City may make the repairs or
corrections at the Licensee's sole expense. Further, if the
City provides the Licensee with notice of a deficiency and the
Licensee fails to initiate corrections within thirty (30) days
of such notice, the City may terminate the agreement. All
corrections must be made within a reasonable time.
3
.
.
6 . Subject to Easements and Other Rights. Permis-
sion for the Licensee to use the licensed premises is subject
to all other licenses, easements and rights of record and any
and all other rights asserted to the subject property.
7 . Indemnification. In consideration for the
payment of $10.00, receipt of which is hereby acknowledged, the
Licensee for himself, heirs, personal representatives,
successors, and assigns agrees that it shall release, defend,
indemnify and hold harmless the City, its officers, agents and
employees for any and all liability, judgments, costs, damages
and expenses which may accrue against, be charged to, or
recovered against the City or the Licensee by any person,
guest, invitee or any person or legal entity whatsoever as a
result of the Licensee's use of said property which shall
include, but not be limited to premises liability, property
damage and personal injury. Notwithstanding, anything contained
herein to the contrary, Licensee shall have no obligation to
defend, indemnify and hold harmless the City as to any
liability arising cut of or in connection with damages which
are caused solely by torts committed by City.
8 . Access to Licensed Premises. The City shall
have access to the property at all times, and the public shall
have the right of ingress and egress through the property. The
Licensee agrees that none of its activities on the licensed
premises will unnecessarily obstruct or otherwise disturb the
thru traffic along Dixie Highway, as long as this license is in
effect.
4
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.
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9 . Non-interference with Utilities and Florida East
Coast Railway. The Licensee shall not utilize the property in
such a manner as to interfere with the maintenance of any
public utilities or maintenance of the right-of-way, or any
interest of the Florida East Coast Railway.
10. Insurance. Licensee, and its tenant, shall
purchase and maintain insurance providing liability coverage on
the licensed premises on an occurrence basis during the term of
this agreement as outlined below:
(a) Comprehensive General Liability or Commercial
General Liability Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
General Liability Policy or Commercial General Liability Police
filed by the Insurance Services Office, and must include:
1. Minimum Limits of total coverage shall be
[$1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with
any excess coverage (and the carrier) to be accept-
able to the City.
2. Premises and/or Operations.
3 . Products and/or Completed Operations.
Licensee shall maintain in force until at least three
( 3 ) years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
5
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.
.
4. Broad Form Property Damage including
Completed Operations.
5. Broad Form Contractual Coverage applicable
to this specific agreement, including any hold
harmless and/or indemnification agreement.
11. Work Approved by City. All work on the licensed
premises shall be approved by the City's Engineering
Department.
12. Cancellation by City. The occurrence of any of
the following shall cause this Agreement to be automatically
terminated:
(a) Institution of proceedings in voluntary bank-
ruptcy by the Licensee.
(b) Institution of proceedings in involuntary
bankruptcy against the Licensee if such proceedings lead to
adjudication of bankruptcy and the Licensee fails within ninety
(90 ) days to have such adjudication reversed.
13. Title to Improvements. Title to all permanent
improvements made and constructed on the licensed premises
during the term of the License Agreement shall remain and shall
be the property of the City; however, the City reserves the
right to have Licensee remove any and all permanent improve-
ments upon the expiration, cancellation or termination of this
license, with no cost to the City.
14. Modifications in Writing. No modification to
the License Agreement shall be effective, unless in writing and
signed by both of the parties hereto.
6
,
.
15. Assignment. The Licensee may not sub-license any
portion of the property to any person or corporation or other
entity without the prior written approval of the City, and any
such sub-license or other arrangement shall be in writing and
expressly be subject to all the terms and conditions of this
License Agreement and shall conform to all applicable laws,
ordinances, and regulations.
16. Entire Agreement. This Agreement constitutes
the entire Agreement between the parties with respect to the
subject matter hereof and supersedes all prior, verbal or
written Agreements between the parties with respect thereto.
17. No Waiver. That no assent, express or implied,
by the either party to any breach of this Agreement shall be
deemed to be a waiver of any succeeding breach of the same or
other covenants.
18. Jurisdiction. Any disputes between the Licensee
and the City shall be governed by the laws of Florida with
venue in Palm Beach County Florida.
19. No Warranties. The City makes no warranties,
guarantees or assurances regarding the City's rights or
interest in the subject property.
IN WITNESS WHEREOF, the parties hereto have caused
this License Agreement to be executed as of the date first
above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
7
.
. .
Approved as to Form and Legal
Sufficiency:
City Attorney
LICENSEE:
FLORIDA DRIVE-IN THEATRES, INC. ,
a Florida corporation
By:
Witness
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this _ day of , 1994 by ,
as of , a Florida
corporation organized under the laws of the State of Florida,
on behalf of the corporation who is personally known to me or
who has produced as identi-
fication and did/did not take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
drivein.agt
05/05/94
8
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGER t,,,,,\
SUBJECT: AGENDA ITEM # <6 H - MEETING OF MAY 17. 1994
FINAL PAYMENT/ MCCOY IRRIGATION
DATE: MAY 13, 1994
This is before the Commission to approve final payment in the
amount of $410 to McCoy Irrigation for completion of their work
at the Tennis Center Phase II project.
Recommend approval of final payment to McCoy Irrigation, with
funding from Tennis Center (Account No. 334-4145-572-63.42) .
.
>
Agenda Item No. ?fH
AGENDA REQUEST
Date: May 10, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: May 17, 1994
Description of item (who, what, where, how much): Staff reauests
City commission aDDrove final Davment to the contract with Mc Coy
Irriaation for their work at the Tennis Center Phase II Droiect.
The work has been comDleted to the satisfaction of the contract and
city reauirements. The final Davment amount is for $ 410.00.
Fundina is available in the aeneral construction fund. tennis
center account # 334-4145-572-63042.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff requests aDDroval of final Davment to Mc COY
Irriaation in the amount of $410.00.
Department head signature: ~~ø ·~!(f,r
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ./"""-,
Funding available:~/NO
Funding alternative (if applicable)
AccountNo. &DeS~iPtion~-'tI4S:: -é?7c~' (;3-42/ 1£JI¡J/~-PJf 1L
Account Balance. } 70/4-. ~
City Manager Review: ~ {f7'- . \
Approved for agenda: YE ¡NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9342\agend517
.
,
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: William H. Greenwood ~~
Director of Environmental Services
Date: May 10, 1994
Subject: Agenda Request, Delray Beach Tennis Center - Phase II
Final Payment to Mc Coy Irrigation
Project No. 93-42
. . . . . . . . . . . . · · · · · · · · · · · · · · · . . . . . .
Staff requests City commission approve the final payment to the
contract with Mc Coy Irrigation for their work at the Delray Beach
Tennis Center, phase II. The work has been completed and reviewed
to the satisfaction of the contract documents and staff.
As indicated on the attached request for payment, the cost
associated with contract are as follows:
Original Contract Sum · · · · · · · · · · · $ 4,100.00
Previous Billing . · · · · · · · · · · · · · · · $ 3,690.00
Current Request . · · · · · · · · · · · · · · · $ 410.00
Total this Request (final) · · · · · · · · · · · $ 410.00
Staff recommends approval of final payment to Mc Coy Irrigation in
the amount of $ 410.00. Funding is available in the General
Construction Fund, Tennis Center Account number 334-4145-572-63.42.
attachment
cc: José Aguila
File: Project No. 93-42 (D)
\ESD\9342\CMM517Mc
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I- II
FROM: CITY MANAGER {}/
SUBJECT: AGENDA ITEM ~ ~ Jr - MEETING OF MAY 17. 1994
REOUEST FOR REIMBURSEMENT/COMMUNITY REDEVELOPMENT
AGENCY
DATE: MAY 13, 1994
This is before the Commission to authorize reimbursement of
$34,753 to the Community Redevelopment Agency for costs regarding
the water main upgrade in conjunction with reconstruction of
Banker's Row (N.E. 1st Avenue from 2nd Street to 3rd Street).
The original contract price was $34,345. The difference resulted
from field measured quantities of materials installed.
Funding is achieved with a budget transfer from Renewal and
Replacement Project Reserve (Account No. 442-5178- 536-99.01) to
Water Distribution Improvement (Account No. 441-5178-536-61.78).
Recommend approval of reimbursement to the Community Redevelop-
ment Agency in the amount of $34,753.
~ C5ìÎ ~
I
I
.
Agenda Item No. ~¿I
AGENDA REOUEST
Date: 05/03/94
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 05/17/94
Description of item (who, what, where, how much): Staff requests
Commission approval of payment to CRA in the amount of $34,753.00 for
reimbursement for cost of water main upgrade on Bankers Row (NE 1st Ave.
- 2nd st to 3rd st.) per tri-partite agreement between City, CRA &
Bankers Row Homeowners' Association. Contract amount was $34,345.00 with
difference resulting from final installed quantity measure. Funding is
from Account #442-5178-536-61.78, R&R Water Distribution Improvements
(Budget Transfer Attached) .
ORDINANCE/RESOLUTION REQUIRED: J~_/NO DRAFT ATTACHED J~_/NO
Recommendation: Staff recommends approval of reimbursement to CRA.
DEPARTMENT READ SIGlfATURE. tftJ~fiJa~ ví/f4 ()lf$
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds): fJ
Funding available E 1NO
Funding alt;ernat:i ve · . (i,.f, a'p l~.fal?~.e,) . fl ". ._
Account No. , De~'71Pqi0J1£t-4,A -b//Õ-P5_1V,.tl1-{)/ uaìJl (.T r-.,t:.,':ÆK.~VE
Account Balance " .' ,g). t
City Manager Review:
Approved for agenda: ¡fÉS/NO f ¡'
Hold until: l:. ' ,
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: CRA REIMBURSEMENT - BANKERS ROW
DATE: May 3, 1993
Attached is an agenda request and a copy of a request for
payment from the CRA for reimbursement of costs regarding
the water main upgrade construction in conjunction with the
reconstruction of Bankers Row (N.E. 1st Ave. - 2nd st. to
3rd st.). This request is in accordance with a tri-partite
agreement between the City, CRA & Bankers Row Home Owners
Association. The reimbursement is in the amount of
$34,753.00. The original contract price is $34,345.00 with
the difference resulting from field measured quantities of
materials installed.
Funding for this expenditure is from account
#442-5178-536-61.78, R&R Water Distribution Improvements
(budget transfer attached).
RCH: jem
cc: William H. Greenwood, Director of Env. svcs.
file: CRA - Bankers Row
,
.
-CD Community
Redevelopment
-a Agency
-,,'
Delray Beach ~')J
j
/
"'
",'.,<..,
\c:' . -.p.. í':;
,ÀÞrll 4i.; 99~¿
/ . '.¡)
- /
.
, )
,~~....~
-
Ralph Hayden, P.E., City Engineer .) /
\
City of Delray Beach -
..
~_....
434 S. Swinton Avenue , ..
-'
, . ?
Delray Beach, Florida 33444 .0
RE: Bankers Row Project
Dear Ralph:
Pursuant to the tri-partite agreement between the CRA, the City and the Bankers Row
Homeowners' Association, the City has agreed to pay for construction of the water system
improvements in the Bankers Row Project. The purpose of this letter is to request that the City
reimburse the CRA for these improvements which are now completed. The following table is a
breakdown of the water system elements with estimated and actual quanities and costs of the
improvements.
.. ..... .. Descriptiob Estimated AduaJ Unit Total
Quabtity Qoaatity Cost Cost
.... ...... ...
24. 8" DIP, Class 52 - Includes Fittings 700 L.F. 675 L.F. $26.00 $17,550.00
24a. Change (60 LF) of 8" DIP, Class 52 to 60 L.F. $5.20 $320.00
Gass 54 (additional)
25. 6" DIP, Class 52 - Includes Fittings 10 L.F. 10 $17.00 $170.00
26. F. Hydrant Assembly - Includes 6" valve 2 3 $1,935.00 $5,805.00
27. 16" x 8" Tapping Sleeve & Valve 1 1 $3,750.00 $3,750.00
28. 6" x 6" Tapping Sleeve & Valve 1 1 $1,385.00 $1,385.00
29. 8" Gate Valve 4 3 $465.00 $1,395.00
30. 6" Gate Valve 1 1 $340.00 $340.00
31. 1" Service Line Tap - Main to Meter Box 18 12 $265.00 $3,180,00
31a Change (6) service line taps to double 6 $143.00 $858.00
service taps (additional)
Water Maib Improvement Totals $34,753.00
207 E. Atlantic Avenue, Delray Beach. FL 33444 (407) 276-8640 / Fax (407) 276-8558
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Page 2
Ralph Hayden
April 4, 1994
Note that the two change items are per the City's request as was the additional fire
hydrant assembly which repaced an old hydrant on N.E,.2nd street. I believe that Dick Hasko
is aware of these changes.
Please remit the total of $34,753.00, made payable to Tbe Community Redevelopment
Agency of Delray Beach. If you have any questions, please call me as soon as possible.
Very Truly Yours,
~{L~
Ronald R. Hoggard, Jr., A.I.C.P.
Redevelopment Planner
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12/27/93 ~:08 tt407 243 3774 C I TV /DELRA V BCH. ...... D. B. ENCINEERINC IaJ 001
-ro·: DA N 2AiTý
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PROM: ß~qr;+o
/:;;.. /~ 7/93 TRI·PARTITE A(,RItEMENT FOR THE DEVELOPMENT
OF B.R.H.A., INC.
Tbi!; Tri-Partite Agreelnent for the Developmcl't of Bankcn' Row, hcn:ioa!ter referred to iü
the' Agreement," i:. made aDd entered ¡ntu lhi!; !jth day of July ,
1992, by and between the cn".,. OF DELRA Y BEACH, a InuDicipal corporatioø, bereinafter referred
tu II!; the "CITY; the COMMl'NITY RF..DRVELOPMENT AGENCY OF THE CITY OF DELR,AY
8EACH, 110 entity created pUIsuaDl lu Chaptcr lCd, t'lorida Statutes, bereinafter rderred to as the
"CRA,~ and B.R,H.A" INC" A NONPROFIT CORPORATION, hereioaher rderred to as "SRI'IA:
WIT N E SSE T H:
WHRREAS, the partie~ hereto ¡irC desirous of joining w&cther and participating in tbe mutual
redevelopment. and impruvcmc 01 of the :!.trect aoLl in rrit· slructurc fur Northeast ""irst A vc;nue bet ween
Northeast Secood Street and Nortbea,;t Third Strect; II.Dd
WHEREAS, such infra·Mruc.:lure is to include tbe upgrading and ifDprovement of tbe w.tcr
:-;yst.:m (b~rcinafter referrt:d 10 as "Water Sy~telu ImprovemeDt'), draiollge s)'stem, pa\'in¡, sidewalks,
and streclscal,e landscapiøg, !'olteel lighting and !'oignage (tbe "Street Improvements") íU wcJl as the
design, conlltruction, IIJ.Dd!lcaping and signlJ.gc wilhin the public purkiD8 lot on LoU I aDd 2, JobQ B,
Currie Subdivi!\ion, as recorded in Pial Book :B, Page 196. of the Public Recurds of Palm Beach
County, Floridli, hereinafter rdcrrcd tn as the '''<irking Lot Impruvc;meDIS¡" and
WHEREAS, each of 1ht" parties heretn are desirous u( identi fyiog the roles Ihat each will play
in !luch redevelopment project as well as their rc!;pcctive financial responsibility and contribution!i
therefor.
NOW, THB1tRFORE, in consideration of the mutual CUVcnanls and p'ulniloes hereio cOlltaìacJ
the parties bereby agree as follow,;;
1. ScoDe 0' Work. Tbe parlie!\ hereto «:uDtemplate tbal the Project shall consist
of tbree primary componcnts, i.e. tht: ~Street Impruvcmeots,' tbe "Parkiog Lut Improvcm\:Qls," and
the "Waler System ImprovemcDt!;. " Elich of said cornpODCal!i shall include two primary
C~/TRIP~.AQft/6-29-'2
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¡2/27/93 12:09 'ð'407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING IaJ 002
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subcomponents, i.e. (i)design, I,;ngincerin8 aDd planning, and (ii)coD~truc:tiuD, Subject to tbe ter..:.
of thili Agrecmènt, the parties hereto hereby agree tbat their lespecti ye ohligation fur participation
in the paymenl fur each such cornpODcnt iind t.ubC"ornponent uf the Work is itS Sl!t furth in Exhihit "A"
artachcd bereto aad made a part hereof. Notwithstanding the rctfuiremcnt. fir chi, A¡reCIUC'11
hcrciDatfter set furth fur eat;h uf the rl,.~spectiYè parties to pay for portiuDs of tbe work as such
expenses are inc.urred, at the conclusion of the Project, the partic!> !>hall recundle their rOipccti\'c
contributiOM and ob1igltioDr4 for payrnc:nt ill aç\:orduncc with lhc:ir rc!>pccli ye perccntitlc 0 f
participøtioø for tbe Pruject liS Sl~t furth iD tbe itbuye referred 10 ExhihÎl "A."
2. Pest.... En.alneeriDII lad PIIIIDIDI Pha,.
A. SUe plalllllb' . Tbe CITY, tbroulb ÌI! PIIP nial aad ZoniDg
Departmcnt, wiU prcpare II conceptual sile plan ¡st il~ I.:Xp~"t.C: for the rarkiDS Lot Improvemcols iiB\!
the Street Improvements within lS dayl'i from the date of thÎ!; Agreement. The subjcct sitc plaD shall
be subject to the review iind approval of all o( Ihe panics hereto.
B, Co.~ltl9DII Use ADDro"a" The CITY, at its expcase. shaD obtaio
conditional Us~~ "pproYli1 unuer tbe exisling OSSHAD /.onina fOf Ih,; pinking lot. Tbc eRA shall
obtain permissioD from the currcnl propCIIY owne" for tbis adiuD. All (ees fur the cundiliunal1Uic
shall be waived by the CITY.
C. ~I~e PI... A~pro'Y.I. The CITY wi1l prepare aad will prace" for
approval the l'iile plan for the parkilsg lot from the lIistoric Prel'icrvation Board ("HPB"), All fees Cor
site plu App,oval will be waind by the CITY.
D. Ea.tacerin., The BRHA shall cD._se aDd pay for tbe services of it
registered professional civil engineer C"EDginecr") to pwYide eDsineerinJ services for tbe Str.et
Improvements and Parkiog Lot Improvements. The CITY will reimburse tbe 8RHA for tbe portion
of the IiMid cngiDeering expensc/; wniçh have beea incurred wilh relipecl to lhe Water S)'5tcun
impruvcmcnts which the CITY shall be respon!iible for. The En&incer and tbe eD&ineerina contract
shall be subject to approval uf the BRHA. The EngiQcer shall provide any applicable sur\le~s
CRAfrR¡PAa.AGa/6-29-92
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12/27/93 12: 12 tr407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING IaI 007
rc:~ujred for tbe impruvements äDd !'Obõdl meet the minimum requiremenl¡ specified in tbe exbibit
auacbed heretu, titled ·Scope' uf Engincering DC!iign ScrviCCb." HRHA will be rClipoAsible lur
obtaini.ng appro",.l of anI! paying for aU cngîncerina and !,;unstruuioll plans. Procc5!iilll fees and
building permit fees will be waived by the CITY. The CITY will invcliti8ate CnunlY impact fees and
cndcil.vur to ubtøin the waiver of such fees, if itn)'. The BRHA will obtain at tbe 80% completiun
!itage engìnc:ering drawings il.nd shall !iuhmil same to the CITY. The CITY will at this point pruc;rcd
with landscare and irrisatiun planli.
In addition, the BRHA will, It such time, provide a cost eltimate to
thc CITY for the con5truction 1,,:05t uf the wlltcr main and to the CKA for alJ othcr Wurk. The (;[1'Y
and tbe CRA must appruve lhdr rCf.pective COfot!i.
B. L.....-=.llC life: b Itecture, Tbe CI'TY sbalJ provide, al hs npnse,
landscape architecture und irrigation dC!Ioign ~Cr ...il,,:e~ required fur tbe Project. Such laúdscape
urçhÌlcctural plao "hall be uel'ilrt:d io c,unsuhation with the CRA aDd the BRHA. The CITY slaaU
obtain all rèquired approvals of such lilnds~ilpL: plan and will waive all fees therefor.
3. P....IrJ.. Lot .\cqql.IJlqq. Tbe eRA lihall. at its CXPCD$C, acquire Lots 1 and
2, John B. Currie Subdivisiun for the con¡.tI'I,1l::liuD of tbe Parking Lot JlI1provcmcnt~. Upon the
comptelinn of tbe CODstruction of Itle said '"arking LotlmprovcmCUh., tbe eRA shall convey by (Jl1i!-
Claim Deed the 5ubject IHopeJ(y to the CITY and the CITY shall accept fuU responsibility for said
prupl.:Tt)' and the QUlintellëAnçc: in perpelu.ity thcrefur. The CRA !ihall be rcspon,ible for tbe paymrnt
of all expenses rc1atiøi to the ..cquisilion and construction of tbe said parking lot. The cOD\leya'H:c
10 the CITY shall contain the provÎliioQs fOI leversioD of title in the cycnllbe ¡ame ¡i dispuHd of by
the CITY or put to any otber use than that of iI public parking lot wilbotoll the express priDr wriUL:n
CCJn!ienL of tbe CRA.
4. ParlLl.. .Lot .maro\,elDeatl. 'Vatu Snle. 1..,rQ"eme.t.. aM. Street
ImDro\'e..eah COD8truc:~hU!. The CRA shall provide, and the BRHA sball p.rticipate in the bid<.1ial!lo.
rlcgotiötioD and cuntract adminì:ötratiuD. !iervices fur lhe Sueet ImprovcQ\cnts, Watçr Maio and the
CRAfTRI)AR.A~/O-29-92
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J2/27/93 12: 10 'ð'407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING IaI 003
Parking Lot Improvements. The conlract shall be entered into by ~bc CRA aDd the paymenl for ~uth
con:>tructîon shall be paid for by the CRA. The CITY sbaU reimburse the CRA for the (:ITY'!,> Water .
Syst~m ImprovemcDts conslruclion cost~ within .10 Jays dler lhe final c:oQ1pletion of the Work, The
award of tbe cOßF.lruc\inn contract $haU be approvcd by thc CRA and ßRHA, The CRA shaU furtbu
provide contracl administl"fttiotl ill \~unsultll.tîon Wilh lhe Engineer. the CITY and the BRHA. Tile
<..:RA lihait pU~lli lellcr of guarantee to tne CI'rV to i¡¡liure tbe comrletioa of tbe Work.
S. i'1nal-\c:ceataDce. lJpOD completion of tbe I~rujcct, BRHA shall submit to tbe
CITY and CRA certification b)' tbe Enginecr of fîn~1 completion jjnd filial emit" including tbe Water
Systcm ImprovemenlS fiMI actual costs. The CITY shall make final inspection II.t the request of (:RA,
6, Maiate.Ban. The CITY agrccti lo provide maiDteaaace in perpetuity for tbc
Strect Improvements "nd Parking Lot Improvement:\> UI)on ~omplcliun of the! cODstruction.
7. BRH;' ObU,.tiODS. The BRHA agrees to pay tbe CRA tbeir tweDty- five
pCT~l;nt (25%) participation of I he costs of lhe dCl'õign and C:ODstrU\:liuD of the Street Improvementli
(excluding the Water System ImprovelnJ:rlts anu the: Parkins Lot In1provcmcDtl), IC$5 such SUD1S i!>
BRHA shall have paid pursuanllo the e'lginccring c,uDtracI a!i provided for in SeClion 2(D) abovc, in
the following manDcr:
A. $1,700 UpOD the executioo of this Agreement;
B. The balance of the moaîe5 are to be paid to the CRA iD aiDe (9) cqu.1
installments, each installment due on the nrst day of January of each
year following the: çomplctioD (If the Wurk.
C. The maximum anlouat of coatribution by BRHA "ball be thirly lwu
thousand five bundred dollar¡ ($32,500,00).
8 n.c fir ComDactloD. 1\ i5 cODtemplated tblillbi5 Project will be commenced
within fifteen (15) daYti following tbe execulion of tbis Agrccmeat élnd the Prnje(:( c:oD:lpl¡:tcd wilhin
one hUDdred ci¡hly (180) dayr. thereafter.
CBA/TRIP~.AOR/6-29-92
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12/27/93 12: 10 'C'407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING iii 004
9, Arbltratlu. In tbe event an)' disputes ari!ic out of tbill Agreement, tbe parties
agree to submit sl,1cb disputcs to binding arhitratiulI in ¡he CilY (If Pc!ra)' Bcacb, f'1oridu, puuuant
[0 ¡he rules of the American Arhiträlion A§',ociälion,
CITY 0...· D":I.RA Y BEACH
æ' . é"
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B .,1 .~ . ~_ .....,?:.... .
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ATTEST: ,
By: o L'11fJr) 'frb~, ;11 ~n J-!rt¡/;¡ ,
City Cler '
Approved alii to Corm:
BY:~~~ ..
~~CitY Attorney
WITNESSBS: DELRAY ÐEACH COMMUNITY
REDHVELOPMEN.JAOENCY _ ,:
...".........", . ,#I--~'
K(((~ )
I T(r' ..r ..' -""- ~
\ j. .,) 1 \ ~ ~..' , By: ~c;..~~_. C~<..-,
~QttL ' ~'t .' ," " Kcvin F.8a~)'., ¡rman
, I..(J.L r .L..\~ !..L.I. ,,{!.,
B.R.M.A., INC. / ¿ / .
k~ (61 ~~ ') , I (/;' 'JI
u a... '1.,Jt ¡..."L. By: ..---{. . /¿. 'r' ¿.¡/ ,
PrCAÎdeDt :. -
",
r '7")) ~~ d,(
.
CaA/~IPAR.AGR/6-29-9Z
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·12/?7/93 12: 11 e407 243 3774 CITY/ÐELRAY BCH. --- Ð.B. ENGINEERING flJ Ø0S
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EXHIBIT 'A'
COST ITEM PARTICIPANT ,., PARTICIPATION
A. DESIGN ENGINEERING AND
PLANNING
1. Water MaiD CITY 100%
2. Slreet DesiJn eRA 75%
BRHA 25%
J. Parking Lnl De!ii¡n CRA 100%
-
4. Land5çape Arcbilecturc CITY 100%
5. Conceptual Site: rlan CI1'V 100%
8, CONSTRUCTION
1. Waler MaiD CITY 1009ó
.'
2, Curb, gutler, paving and CRA 75%
draina'f: in 51 reet BRHA 25%
3, Sidewalk CRA 75%
8RHA 25%
4. Landscaping. street ligbb. CRA 7~%
5ign8ge in street BRHA 2'%
5. Parkinllot pnin&, drainage, CRA 1000/0
landscaping. !ilrcc:l 1ighu and
sigaage
C~/~IPAR.~/b-29-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {Î"'!
SUBJECT: AGENDA ITEM it F' If - MEETING OF MAY 17. 1994
APPLICATION FOR ISTEA GRANT/SEABOARD AIR LINE RAILWAY
STATION SITE
DA TE : MAY 13, 1994
This item is before the Commission to approve completing the
application process to the Metropolitan Planning Organization for
the Intermodal Surface Transportation Efficiency Act of 1991
(ISTEA) Grant for a center at the Seaboard Air Line Railway
Station Site.
It is expected that this project will be in the $1 million to
$1,250,000.00 range. Funding ratios are 80 percent Federal and
20 percent other funds. The Florida Department of Transportation
will provide no more than one-half of the non-Federal share.
Local share will probably be 10 or 20 percent of the total
project cost.
Recommend submission of application to the Metropolitan Planning
Organization for the ISTEA grant.
.
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Agenda Item No. ~J""
AGENDA REQUEST
Date: May 11, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: May 17, 1994
Description of item (who, what, where, how much) : Staff reauests
city Commission authorize staff to make application to the
Metropolitan Plannina Oraanization for Federal ISTEA Enhancement
Funds for development of a Intermodal Center at the Seaboard Air
Line Railway station site.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reauest a positive motion bv the city
Commission to pursue Federal Grant Dollars for this proiect.
Department head signature: #/JáÝ 11Íf,~~
Determination of Consistency with Comprehensive Plan:
ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: (i'§l/NO tßj;'1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9474\agreq517
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: William H. Greenwood ~~
Director of Environmental Services
Date: May 10, 1994
Subject: Agenda request, Transportation Enhancement Project
Funding Applications - ISTEA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Metropolitan Planning Organization is soliciting applications
for projects to be funded by the Transportation Enhancement Program
established by the Intermodal Surface Transportation Efficiency Act
of 1991 (ISTEA). The Florida Department of Transportation has
authorized the disbursement of approximately $5,000,000.00 in
Federal ISTEA funds within the District (Broward, Palm Beach,
Martin, st. Lucie and Indian River Counties) that includes Delray
Beach.
Staff has identified the Seaboard Air Line Railway station project
for consideration this year. The project will include, among other
aspects, the following:
- Acquisition of three lots on West side of track
- Acquisition of Historic Building
- Development of Multi-modal center including vehicle
access, pedestrian access, and Co-tran stop
- Restoration of building and tracks in order to use as
passenger station as well as tri-rail station
- Overall plan for development of the site
It is expected that this project will be in the $1,000,000.00 to
$1,250,000.00 range and it should be noted that there is a local
share associated with this project, but it is only 10% or 20% of
the total project cost. Also, the funding will not be available
before the FDOT FY 1996-2000.
The availability of these funds and the city's ability to provide
the necessary applications in a timely manner (May 23, 1994) may
result in the City receiving some or all of the funding requested.
As you may recall, the City was awarded $900,000.00 for the East
Atlantic Beautification project, which will begin construction in
April 1995.
Staff feels that since this project is a resubmission, that we
stand a very good chance of award since we were #21 on last years
list (see attached list).
,
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Staff request City Commission authorize staff to make application
for the available ISTEA funds necessary to be used on this project.
Attachment
cc: José Aguila
Joe Safford
Ralph Hayden
File: 94-74 CD)
\ESD\9474\CCmem517
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PALM BEACH COUNTY ENHANCEMENT PROJECTS Stat.:
~':.';~:: .nl"."
I WPINU. PR~~JS6:'0' "'GENCY LOCAl. Ors'C~;;:;';ON IPROJ M.P. I EXl 1'110 :~. CONST; PE F~~~~ ~~~LE
... ~ PRJ MGR. N"'ME LEN FROM ~ WI~ LNS LNS COST IS
1'1 T LocI! Prolct Typo FocØIty "-to<l1 GTH ·TO 11000 1'0001 YR AHO ESTIM... TtD
~ II S No. .
-, 4118678 OelflY euch US 1 To SR ...·1·... 900.0 O..;gn 94/95 Construction 0''''8
Ellt Atlandc BlktIPtdestrlln/ 0.0 No L.... Fundo RlquI,od
8' Ø..utlflCltlon ~
'5
2 4128208 Llk, Worth Blk,way . Greenway SVI 228.0 Dulgn 94195 Construetlon 98187
28.5 , 8111.. Pith, Llndlclpfng.
~ Pedestrl." "'''''oed Cronlng
'4 7' 285.0
3 4128209 9_ Raton C.neI RJW Bikeway. M,edowa 188.0 Ooolgn 941!15 t;onotructJon 98/97
Pork t\AndSC:OpOl 0.0
'4 84 ~
3 .0
4 412SZ,0 Lont_ OCMn AVI StrMtKepe 380.0 DooIgn 94/95 ConolructJon 8519.
45.0
3 ·7 ~
450.0
5 "12SZ II Boco Ralon E-4 ConoI Blto Poth m.O 0001911 94191 ConoIruotlon ../9,
0.0 4 ConoInICt 8 Ft. lito Poth AaphoIt
8" .......-W1.
, 115.0
8 412U12 Juno 1_ ~""""'BI__ ',000.0 DooIgn 1419' "ono
Julptor C_ 121.0 ZA ConoInICt 8 Ft. P_
8° ~ ShoIAdora loth S_
12 ' 210.0
7 4"871 Boco Raton SR...'...II_oy 388.0 ~~~=-":on 91",.
41.1
" .. ~
4 .
. 4128213 ....01.. NoI~ lito. Pod 178.0 DIoign '4191 19
"'VI. G. NW 8 th S. 22.0 'O....IOF
8A NW 8th ., AVI D ~
, 20.0
. 4'2&2'4 Boca Raton E-~ ""'* Blto .. _oIk 2....0 ~=~ ~:'."::.-..""
~
. .. 8'. Path. AoIhoIt
" O.
10 4128211 Loko Wonh ~-;;..on;:.~ ¡:~- 132. Oeolgn .41118 C...cruoøon .....
18.1 .... ConoInICt 4 Ft.
~ _0<1 _ 8oth'_
, 72 , 1.0
1 Juno _ Moon WIIoon ..... Blto LN. 223.1
hiM
.1> 27.
1 7 .
12 Boca Raton FAU t;onoI RIW "'.. . 111.0
~
8n 3'.
10 91.
13 1_ Raton S.R.I. II_OY-\!. of F_ '.0.0
10.0
9 8' ~
0.0
14 PllIn 1_ MunIdpoI Potk -.., 14.4
GordoN 1.'
9 .0£ ---.H
18.
11 Boca Raton .aX RoIIrGOd RIW .I_oy 12'.0
0.0
8 71 ~
1 0.0
18 9...1IiI... .R... lI_oy·W. ot_oI 308.0
, -JU I
3 .
.. 8 .
) 17 Boco Raton -oy--.. 181.0
-.Hi
.. 4.
" _S_ ...... '220.0
---Jìi
08 2 .0
271.
19 pom_ '<JA Ilvd. Ildowolk 17. IConoInICt I Ft. _oIk
Gordono 2.2
'4 -.H
.0
20 10C8 Reton .W ITH S_Sldowolk 84.8
0.0
7' ~
10.7
'> 1 DoIIoy - llboeId RIA ltatlon _. &10.0
70.0
" 92 ~
700.0
22 Ptholtll Phose 2 Ildowolk Im_ont 80.7
~
8 ".
100 1 .3
23 :=,- C,..- "'.. llltoIPod 12.0
--J;!
1.
107 11.0
24 OI_ l- - - Londocopo 2'.0
3.1
84 -,H
31.
2 - 10TH "'VE 1"_ 9&.2
11.'
B-1 .. ----.i-H
-- iûVõiil _ ÎAï<óliiöiõDiiVo IÌlbW¡Y-'--' '.- .- -.--.- _...,--,-- ---- - - -- - -U4:0
~
. 48.
108 410.0
27 lOCI R8lon J::;;k,~ 104.0
0.0
3 70 --.M
17.0
21 P.1m I.uch Rlvorlldo Of. Pod. Plthwoy 7.2
Ga'_ 0.9
3 103 ~
9.0
29 RoV.1 PUn S""rrow Orlvl S_lIk 21.0
ellCh -.U
.1
3 101 31.
30 41"711 DOT SR 7 Browlrd Co. Line to 427 Conotruot . Foot I_Ilk
GOldoe Rold WOOl SIdo SR 7
---¡p ,
R WI'1 NO. PROJECT NO. "'GENCY LOCAl. PROJECT PRO M.P. EXIST PROP EXT PRO RIW CDNST. PH"'SE YEARS
... pRJ MGR. SEC·JOI. N...ME DESCRIPTION LEN FROM tM~ WI~ LNS LNS EST. COST FIS F...CILITY POSS'ILE
N !Typo Flclllty Rlqulsto<l1 GTH ·TO ( 10001 110001 YR AND EITIM... TEO
II . ¥
Olin 0111: F,d.rll: 1,833. ,
St.t.: 543.1
I I lOCII: ~W
Tn.."
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METROPOLITAN PLANNING ORGANIZATION
OF Pl \ I I' ~
PALM BEACH COUNTY \~;II· j~'r
160 Australian Avenue Suite 201, West Palm Beach, Florida 33406 Tel (407) 684.417~
ENGINHRING DEF'ARIMENT
MEMORANDUM
APR 1 2 m~4 /j)l::è\",
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TO: Cl. ty Managers ..' I; r,.11/o I /i. .
Palm Beach County Adml.nl.strator'//A;;'fl'> ~91
Interested Parties '~t
fÌ....
'/'.['
FROM: Randy M. Whitfield, P.EAI 11-1 ./ 'f~:::!
. }_ y\ ""V",,-, .
Dl.rector _ °A '/
I ~, IL~'I
DATE: April 7, 1994
RE: Transportation Enhancement project
Funding Applications
The Metropolitan Planning Organization is soliciting
applications for projects to be funded by the
Transportation Enhancement Program established by the
Interrnodal Surface Transportation Efficiency Act of 1991
(ISTEA) . Enhancement proj ects are those proj ects or
project features that go beyond the facilities and
features customarily provided. These funds are
administered through the Florida Department of
Transportation District Offices. Approximately $5
million has been allocated to District IV for Broward,
Palm Beach, Martin, st. Lucie and Indian River counties.
No allocations to specific counties are made. The
qualifying activities which can be funded with
enhancement funds follow.
(a) provision of facilities for pedestrians and
bicycles.
(b) Acquisition of sCénic easements and scenic or
historic sites.
(c) Scenic or historic highway programs.
(d) Landscaping and other scenic beautification.
(e) Historic preservation.
( f) Rehabilitation and operation of historic
transportation buildings, structures, or facilities
(including historic railroad facilities and
canals).
(g) Preservation of abandoned railway corridors
(including the conversion and use thereof for
pedestrian or bicycle trails).
(h) Control and removal of outdoor advertising.
_. ~ r"'I ,.., . ~ ~ . " ,...., "..., t"'-I' I "',..,...,.. -4 "'''''
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Transportation Enhancement Project
Funding Applications Memorandum
Page - 2 -
(i) Archeological planning and research.
(j) Mitigation of water pollution due to highway
runoff.
This is the second year of the Enhancement Program.
Those enhancement projects found to be eligible last year
but not funded in the FDOT Work Program will still be
considered eligible. These projects must be formally
resubmitted using the new application forms. All
projects require certification of a' project sponsor
(municipal, county, state or federal agency) willing to
meet the following conditions:
(l) provide the required funding match;
(2) enter into a maintenance agreement with the
Department; and/or
(3) support other actions to fully implement the
proposed project.
Enclosed is a list of the projects submitted last year
indicating eligibility and funding status. Funding
ratios for enhancement projects are 80% federal and 20%
other funds. FDOT will provide the full 20% match for
proj ects on federal or state lands. FDOT will provide no
more than l/2 of the non-federal share for projects not
located on federally or state-owned property. Neither
work performed prior to inclusion of the project in the
Work Program nor in-kind services may be used for any
portion of the matching share.
Enclosed in this package is the application form for
submission of projects to be considered for enhancement
funding. Also included is the criteria for eligibility
determinations. Five complete copies of the application
and supporting documentation must be submitted. The
completed applications must be submitted to the MPO by
Mondav. May 23. The MPO will submit the applications to
'FDOT for eligibility assessment by the Department. The
MPO will begin the process of ranking eligible projects
in priority order in July with the final order submitted
in September. The projects submitted this year would be
considered for the FDOT FY 1996-2000 Work Program.
Should you have any questions, the MPO has scheduled a
workshop for Monday, April 25 at 9:00 a.m. in the 5th
Floor Conference Room of the Engineering Building at the
Hilton Airport Center (160 Australian Avenue). Questions
may also be directed to Bil Phillips at the MPO at (407)
684-4170.
RMW:dw
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tl'1·/!
SUBJECT: AGENDA ITEM irK - MEETING OF MAY 17, 1994
INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DATE: MAY 13, 1994
This is before the Commission to approve Interlocal Agreement
with Palm Beach County for funding of utility relocations on
West Atlantic Avenue between Jog Road and Military Trail in
conjunction with County project No. 88540A.
The current budget estimate for the City's participation is
$61,000. Availability of supplemental funding from the High
Point Condominium Association for the portion of the construction
from which they will receive primary benefit is being researched.
Recommend approval of Interlocal Agreement with Palm Beach County
for improvements on West Atlantic Avenue.
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Agenda :Item No. 't ¡¿
AGENDA REOUEST
Date: 05/09/94
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 05/17/94
Description of item (who, what, where, how much): Staff requests
Commission approval of an Interlocal Agreement with Palm Beach County for
funding of utility adjustments to be performed in conjunction with the
construction of Improvements to West Atlantic Ave. from Jog Rd. to
Military Tr. under County project #88540A (City PN 91-028). The current
budget estimate for the City's participation in this project is
$61,000.00. Availability of Supplementary funding from the High Point
Section II Condominium Association is being researched for application to
that portion of the construction (WM extension) from which High Point
will receive primary benefit.
ORDINANCE/RESOLUTION REQUIRED: 1JJ/NO DRAFT ATTACHED 1JJ/NO
Recommendation: Staff recommends approval of an Interlocal Agreement
with Palm Beach County for participation in the construction of
improvements to West Atlantic~~~g ~. and Mi~tary Tr~
DEPARTMENT HEAD SIGNATURE: . 1ú'r l....)~ .5' Jflf'f'
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding available YES/NO
Funding alternatives t (if applicable)
Account No. 'Description 10/
Account Balance
city Manager Review:
Approved for agenda: ~ri/NO r-p'l \
Hold until: ~ ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden P.E.&I
City Manager
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: IMPROVEMENTS TO WEST ATLANTIC AVENUE
JOG ROAD TO MILITARY TRAIL; PN: 91-028
DATE: May 9, 1994
Attached is an agenda request with a copy of a proposed
Interlocal Agreement with Palm Beach County for funding of
utility relocations to be performed in conjunction with the
construction of Improvements to West Atlantic Avenue from
Jog Road to Military Trail by Palm Beach County under County
project #88540A. The current budget estimate for the city's
participation (copy attached) is $61,000.00. The
availability of supplemental funding from the High Point
Condominium Association for the portion of the construction
cost (12" WIn extension) from which they will receive primary
benefit is currently being researched.
RCH: jem
c: William H. Greenwood, Director of Env. svcs.
Susan Ruby, City Attorney
f: 91-028 (D)
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ttoll1.It·-.btóIfM~R 22 '94 08: 54 METRIC ENGINEERJ;N I
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BNOINEER·S COST ESTIMATE i
CITY OF DELRA Y BEACH UTILITIES :
WEST ATLANTIC AVENUE '
WATER & SEWER ADJUSTMENTS I
(MARKLAND ROAD TO MILITARY TRAIL) I
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OATH: MAY 26, 1m
DELRAY BEACH PR.OJECT NO. 91-028.1 I'
PALM BEACH COUNTY PROJECT NO. 88-S40A W
I ' TOTAL
DESCRIPTION !.l1iIT UNIT PRICE QUANT. \ AMOUNT
12" I>.!.P. WM (CLASS 52) LF $36.00 702' I $25,272.00
6" D.I.P. WM (CLASS 53) LP $27.00 26 $702.00
4" D.I.P. PM (CLASS S3 POLY-LINBD) LF . $32.00 320 ; $10.240.00
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12" BUTI'ERFLY VALVE & BOX SA $1,200.00 2 i $2.400.00
6" GATH VALVE &, BOX EA SSOO.oo 3 ¡ $J,590.00
6" CUT-IN VALVE &, BOX BA $3,000.00 1 I $3,000,00
12" D.I.P. PLUG EA $400,00 1 i S4OO.00
12" D..t.P. PLUG W/2" BLOW-OFP EA $700.00 1 \ $700.00
6" X 6" TAPPING TEE BA $2,000.00 1 $2,000.00
6" D.I.P. PLUG EA " $300.00 1 S3OO.00
SAMPLB POINTS EA $150.00 4 I SCiOO.OO
PIka HYDRANT ASSEMBLY BA $1,500.00 1 \ $l,SOO.OO
RELOCATE EXISTING PIkE HYDRANT SA $700.00 1 $700.00
12" PVC WM RBMOVAL '" DISPOSAL LF $6.00 720 I $4,320.00
6" pve PM RBMOV AL '" DISPOSAL L.F $5.00 4ð : $230.00
4" PVC PM REMOVAL&. DISPOSAL LP $5.00 310 $1,550.00
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SUBTOTAL i SS5.414.00
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. 10," CONTINGENCY I $.5,$41.40
TOTAL· r S60,955.40
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AGREEMENT BETWEEN THB CITY OP DELRAY BEACH
AND
PALM BEACH COUNTY, PLORIDA
POR JOINT PROJECT PARTICIPATION IN CONSTRUCTION
POR WEST ATLANTIC AVENUB
PROM JOG ROAD TO MILITARY TRAIL
PALM BEACH COUNTY, PLORIDA
PALM BEACH COUNTY PROJECT NO. 88540 A
THIS AGRBBKBBT, made and entered into this day
of 19_, by and between the COUNTY OP PALM BEACH, a
political subdivision of the State of Plorida, hereinafter
<, called and referred to as the "COUNTY" and the CITY OF DELRAY
BEACH, a municipality in the State of Plorida, hereinafter
called and referred to as the "CITY",
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'WBBRBU , the CITY and the COUNTY are authorized to enter
into this agreement pursuant to section 163.01, Florida
Statutes, as amended, which permits local governmental units to
make the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage;
and
'WBBRBU, the COUNTY has caused to be prepared roadway
construction plans and specifications for improving West
Atlantic Avenue from Jog Road to Military Trail; and
'WBBRBU , the CITY has caused to be prepared utility
construction plans and specifications for the removal,
replacement and adjustments of the water and sewer lines for the
aforementioned portion of West Atlantio Avenue from the LWDD E-3
Canal to Military Trail, which will serve portions of its
service area; and
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'WBBRBU, both CITY and the COUNTY declare that it is
in the public interest that the utility removal, replacement and
adjustments of the water and sewer lines be constructed with the
aforementioned west Atlantic Avenue from Jog Road to Military
Trail improvements; and
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CXft 0.. DBLRAY BHACK
WBBBBAS, the CITY has budgeted funds for the utility
removal, replacement and adjustments of the water and sewer
lines along the authorized service section of West Atlantic
Avenue from the LWDD B-3 Canal to Military Trail; and
WBBBBAS, the CITY is desirous of funding the costs for
the utility removal, replacement and adjustments of the water
. and sewer lines which would benefit the CITY; and
WBBBBAS , the CITY will perform all inspections,
testing and certifications required for the utility removal,
replacement and adjustments of the water and sewer lines to
insure compliance with their specifications and permits;
f
BOW, TJlBRBI'ORB, for and in consideration of the mutual
covenants contained herein, the Parties to this Agreement agree
as follows:
1. The recitals set forth above are hereby adopted and
incorporated in this agreement.
2. The COUNTY agrees to:
A. Advertise for bids, submit bids to the CITY for
review, and award a contract for the
improvements for West Atlantic Avenue from Jog
Road to Military for the utility removal,
replacement and adjustments of the water and
sewer lines which are to be owned by the CITY.
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B. Administer the above contract and administer the
funds in accordance with this Agreement.
C. supply the CITY with a contract audit in
accordance with standard accounting procedures
which reflects total, final costs of the utility
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cJ:n 01' DBLRAY BDCK
removal, replacement and adjustment of the water
and sewer lines, upon completion of this
project.
D. To the extent the County is charged with design
for the roadway construction plans of the
project, the COUNTY agrees to be responsible for
" any and all liability with regard to its
performance of the requirements of this
agreement.
3. The CJ:TY agrees to:
A. Use a profes~ional engineer selected by the CJ:TY
to prepare design plans for the utility removal,
replacement and adjustments of the water and
sewer lines and obtain all necessary permits for
the project.
B. Pay the costs of engineering services to
accomplish design plans for the utility removal,
replacement and adjustments of the water and
sewer lines for the project.
C. Provide or cause to be performed all inspection
services for the utility removal, replacement
and adjustments of the water and sewer lines
during construction and final certification for
the aforementioned utility removal, replacement
and adjustments of 'the water and sewer lines.
D. To the extent that the CITY is charged with
design for the utility removal, replacement and
adjustments of the water and sewer lines of the
project, the CJ:TY agrees to be responsible for
.any and all liability with regard to its
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CITY O~ DBLUY BDCK
performance of the requirements of this
agreement.
E. To contribute and to forward to the COUNTY the
funding for the actual costs of utility removal,
replacement and adjustment of the water and
sewer lines. contributions and fundinq for the
", cost of such removal, replacement and
adjustments shall be paid by the CITY as such
costs accrue with total payments not to exceed
95% of the actual costs prior to the City's
acceptance. The acceptance by the CITY and 5%
final payment can not exceed 30 days after a
bill for sam~ has been sent by the COUNTY to the
CITY.
4. Both the COUNTY and the CITY agree to pay to the other
such funds as are indicated in the final audit set
forth in Paragraph 2 (C) above, which will balance
accounts between the parties.
5. This Agreement shall be executed in triplicate and
the COUNTY shall retain two (2) and the CITY shall
retain one (1) copy. All shall be considered an
original.
6. Any and all notices required or permitted to be given
hereunder shall be deemed received five (5) days after
same are deposited in u.s. Mail sent via certified
mail, return receipt reqùested.
All notices to the CITY shall be sent to:
City of Delray Beach
434 South swinton Avenue
Delray Beach, FL 33444
ATTN: Mr. Richard Basko, P.E.
Director of Public utilities
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C:ITY OF DBLRAY BUCH
All notices to the COUNTY shall be sent to:
George T. Webb, P.B., County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416
ATTN: Roadway production
:I. W:ITBBSS WBBBBOF, the county of Palm Beach, Florida has
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caused this Agreement to be signed by the Chairman of the Board
of county commissioners and the seal of said Board to be affixed
I hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and the CZTY has caused this
Agreement to be signed in its name by its Chairman and its seal
to be affixed hereto, attested by its secretary, the date and
,
year first above written.
CZTY OF DELRAY BEACH PALK BEACH COUNTY, FLORZDA,
BY ZTS BOARD OF COUNTY
COMHZSSZONERS
By: By:
DATE
ATTEST: ATTEST:
DOROTHY H. WZLIœN, CLERK
BY: BY:
DATE DATE
APPROVED AS TO FORK AND APPROVED AS TO FORK AND LEGAL
LEGAL SUFFZCZENCY: SUFFZCZENCY:
BY: BY:
CZTY ATTORNEY COUNTY ATTORNEY
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h:\ROAD~Y\AGRMT\88\88540A.1DB
(final 4/29/94)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f~ /\
SUBJECT: AGENDA ITEM # 8'L - MEETING OF MAY 17. 1994
INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DATE: MAY 13, 1994
This is before the Commission to approve Interlocal Agreement
with Palm Beach County for City designed median and other
improvements for Lake Ida Road between Congress and Swinton
Avenues in conjunction with County Project No. 90502.
Bids are scheduled to be taken in the last quarter of 1994 by the
County. Execution by both parties is required prior to receipt
of bids.
Recommend approval of Interlocal Agreement with Palm Beach County
for improvements on Lake Ida Road.
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Agenda Item No. 'irL.
AGENDA REQUEST
Date: 05/09/94
Request to be placed on:
XX Regular Agenda
special Agenda
workshop Agenda When: 05/17/94
Description of item (who, what, where, how much): staff requests
Commission approval of an interlocal agreement with Palm Beach County
for funding of City designed median and other improvements for Lake Ida
Rd. between Congress Ave. and Swinton Ave. to be constructed in
conjunction with Palm Beach County Project #90502, Improvements to Lake
Ida Rd. from Congress Ave. to Swinton Ave. (City PN 91-003). Bids for
this project are scheduled to be taken by the County in the last quarter
of FY 94.
ORDINANCE/RESOLUTION REQUIRED: 1J_/NO DRAFT ATTACHED 1J_/NO
Recommendation: Staff recommends approval of an Interlocal Agreement
with Palm Beach County for construction of improvements to Lake Ida Rd.
from Congress AVe. to SWint~
DEPARTMENT HEAD SIGNATURE: ~ r. 'Ii1x. jZ.. "-'I\<; sf¡,jt¡f G»J
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding available YES/NO
Funding alternatives ~ (if applicable)
Account No. , DescriPtion~
Account Balance
city Manager Review:
Approved for agenda: ~NO tt1
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
city Manager ~Ç)Y
FROM: Richard C. Hasko,
P.E.
Deputy Director of Public utilities
SUBJECT: IMPROVEMENTS TO LAKE IDA ROAD
CONGRESS AVE. TO SWINTON AVE.
PN; 91-003
DATE: May 9, 1994
Attached is an agenda request and copy of a proposed
Interlocal Agreement with Palm Beach County for funding of
City designed median and other improvements for Lake Ida
Road between Congress Avenue and Swinton Avenue to be
constructed in conj unction wi th Palm Beach County project
#90502, Improvements to Lake Ida Road from Congress Avenue
to Swinton Avenue. Bids for this project are scheduled to
be taken in the last quarter of FY 94 by the County.
RCH: jem
c: William H. Greenwood, Director of Env. Svcs.
Susan Ruby, City Attorney
f: 9l-003 CD)
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Board oE"County Commissioners County Administrator
M"ry McCarty, Chair, Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus Department of Engineering
Carol A. Roberts
Warren H. Newell and Public Works
Burt Aaronson
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Maude Ford Lee
May 3, 1994 ,
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
ATTN: Mr. Richard Hasko, P.E.
Deputy city Engineer
RE: LAD XDA ROAD FROM CONGRESS AVENUB '1'0 S_XN'l'ON AVENUB
PALM BBACH COUNTY PROJBCT . 90502
Dear Mr. Hasko:
We are enclosing three original joint project participation
agreements for the above project. Bids are scheduled to be taken
in the Last Quarter of Fiscal Year 1994. Execution by both parties
is required prior to receipt of bids. Therefore, the City's prompt
action is necessary.
Please have all three (3) copies executed in the original and
return to this office as soon as possible. Your attention to this
matter is greatly appreciated.
Sincerely,
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L. vie opez, P.E. , Program Manager
Roadway Production Division
IJL: cs
Enc.
cc: Edwin Jack, P.E. , Deputy County Engineer
Marlene Everitt, Assistant County Attorney
Ronald L. Terrell, Sr. , P.E./Roadway Production
Jim Fandrey, P.E./Roadway Production
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
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AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND
PALM BEACH COUNTY, FLORIDA
FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF
LAKE IDA FROM CONGRESS AVENUE TO SWINTON AVENUE
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY PROJECT NO. 90502
THIS AGRBJDlBNT, made and entered into this
day of 1994, by and between the COUNTY OF
PALM BEACH, a political subdivision of the State of Florida,
.', hereinafter called and referred to as the "COUNTY" and the CITY
OF DELRAY BEACH, a municipality in the State of Florida,
hereinafter called and referred to as the "CITY",
. X T B B S S B T H :
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1IJIBREAS , the COUNTY has caused to be prepared roadway
construction plans and specifications for improving the
Lake Ida Road from Congress Avenue to Swinton Avenue; and
1IJIBRBAS, the CITY desires to construct certain median
and other improvements within the right-of-way of Lake Ida Road
from Congress Avenue to Swinton Avenue, in conjunction with the
COUNTY's roadway construction improvements of Lake Ida Road from
Congress Avenue to Swinton Avenue; and
1IJIEREAS, Florida statutes, Section 163.01, allows
governmental units to make the most efficient use of their powers
by enabling them to cooperate on a basis of mutual advantage; and
1IJIEREAS, the execution of this agreement is in the best
interest of both governmental units by promoting efficient J
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construction of road improvements along the Lake Ida right-of-way
referred to previously;
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CITY OF DELRAY BEACH
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, the Parties to this Agreement agree
as follows:
1. The CITY agrees to pay directly to the COUNTY all costs
attributable to those CITY designed median and other improvements
for Lake Ida Road from Congress Avenue to Swinton Avenue, as
outlined and shown in the Bid Documents for Palm Beach County
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project # 90502.
2. The CITY will be responsible for the difference in
construction costs between the COUNTY's current design and the
CITY's proposed design revisions. The costs would reflect the
actual bid unit prices. ,
3. The CITY agrees to pay those contributions as set forth
in Paragraphs 1 and 2 above within thirty (30) days of receiving
written notice from the COUNTY that payment is required.
4. The COUNTY is to be responsible for administering the
funds in accordance with the construction contract agreement.
5. The COUNTY will perform all inspections to the CITY's
design changes to certain median and other improvements within
the right-of-way of Lake Ida Road from Congress Avenue to Swinton
Avenue: and
6. The COUNTY shall. obtain CITY approval for any change
orders which increase the cost attributable to the roadway
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improvements designed by the CITY to an amount greater than the
contract amount as stated in Paragraph 1 of this agreement. The,
CITY shall be responsible for any cost caused by the CITY's
delays included but not limited to change orders attributable to
the roadway improvements as it relates to the CITY's work.
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CITY OF DELRAY BEACH
7. In the event that additional work and funding is
required, by the CITY, the additional cost attributable to said
construction of road improvements as outlined in the
specifications for this project is the responsibility of the
CITY. In the event of an under run attributable to said
construction of road improvements as outlined in the
specification, the CITY will be credited the excess amount.
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8. without waiver of limitation as provided for in Section
768.28 (5), Florida statutes, and to the extent permitted by law,
I COUNTY agrees to indemnify and hold harmless the CITY from and
against any claims, losses, demands or cause of action of
whatsoever kind or nature that the CITY, its agents or employees,
mayor could sustain as a res~lt of or emanating out of the terms
and conditions contained in this agreement that result from the
COUNTY's negligence or willful misconduct.
Without waiver of limitation as provided for in Section
768.28 (5), Florida statutes, and to the extent permitted by law,
CITY agrees to indemnify and hold harmless the COUNTY from and
against any claims, losses, demands or causes of action of
whatsoever kind or nature that the COUNTY, its agents or
employees, mayor could sustain as a result of or emanating out
of the terms and conditions contained in this agreement that
result from the CITY's negligence or willful misconduct.
9. All provisions of this Agreement calling for the
expenditure of ad valorem tax money by either COUNTY or the CITY
are subject to annual budgetary funding and should either Party
involuntarily fail to fund any of ~heir respective obligations
pursuant to this Agreement, this Agreement may be terminated.
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CITY OP DBLRAY BBACH
10. This Agreement shall be executed in triplicate and the
COUNTY shall retain two (2) and the CITY shall retain one ( 1)
copy. All shall be considered an original.
11. Any and all notices required or permitted to be given
hereunder shall be deemed received five (5) days after same are
deposited in u.s. Mail sent via certified mail, return receipt
requested.
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All notices to the CITY shall be sent to:
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
ATTN: Mr. Richard Hasko, P.E.
Deputy City Engineer
f
All notices to the COUNTY shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416
ATTN: Roadway Production
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CITY OF DBLRAY BBACH
XN WXTNB88 WHBRBOP, the County of Palm Beach, Florida has
caused this Agreement to be signed by the Chairman of the Board
of County Commissioners and the seal of said Board to be affixed
hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and the city of Delray Beach has
caused this Agreement to be signed in its name by its Chairman
and its seal to be affixed hereto, attested by its Secretary, the
date and year first above written.
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CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
I
By: By:
DATE DATE
ATTEST: f ATTEST:
DOROTHY H. WILKEN, CLERK
BY: BY:
DATE DATE
APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL
LEGAL SUFFICIENCY: SUFFICIENCY:
BY: BY:
CITY ATTORNEY COUNTY ATTORNEY
H:\roadway\agrmt\90\90502m.ldb
(final 5/02/94)
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
Wr~~ør·. D~røct L~nø
FACS¡1\IILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: May 9, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Agreement with DLW Productions, Inc.
"Under Fire"
The City has received a request from DLW Productions to allow
DLW to videotape the activities of the City's Fire Department.
The videotape will be used as part of the program "Under Fire",
which is scheduled for June 3, 1994.
The agreement provides for a complete release of any potential
liability. DLW also agrees to indemnify and hold the City
harmless from any suits which may arise as a result of the
videotaping. DLW is also providing the required insurance.
Approval of the agreement is required in order to allow DLW
Productions to film the Fire Department's activities. Please
call if you have any questions.
DNT:smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
John Tomaszewski, Interim Fire Chief
dlw.dnt
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.
,
. flNÞEe t:,eE
South Florida's 911
.
May 6, 1994
David N. Tolces, Esquire
Assistant City Attorney for the
City of Delray Beach
200 NW 1st Avenue
Delray Beach~ FL 33444-
RE: Under Fire: South Florida s 9.1.1
Dear Mr. Tolces:
Per your letter, dated February 24, 1994, I am faxing a copy of the Agreement
that has been executed by me.
r understand that this agreement will be placed on the agenda for the next City
Commission meeting for approval. It is my hope that the Delray Beach Fire
Department will be allowed to participate in Under Fire in an upcoming episode
slated for June 3. '94,
As you requested, I'm also including a copy of the certificate of insurance which
lists the City of Delray Beach as the additionally insured,
Also, for additional information, I'm incJuding a letter written by the film
commissioner which serves as a reference.
Thank you in advance for your assistance in this matter. I'm looking forward to
meeting you in the future. In the interim if anything further is required please
feel free to call me: (407) 433-4834.
Sincerely,
}W¡o l{j).lIJwæ
Debra L. Wescott
President
Page I of 5
DLW Productions, Inc. 754-4953
"
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AGREEMENT
THIS AGREEMENT, entered into on this day of
-
I 1994, by and between the CITY OF DELRAY BEACH,
(ItCity"), a Florida municipal corporation, and DLW.PRODUCTIONS,
INC. a Florida corporation.
WIT N E SSE T H:
1. DLW Productions, Inc. , voluntarily and knowingly
executes this release with the express intention of eliminating
any liabilities on behalf of the City of Delray Beach that may
arise during the production of the television series referred
to as "Under Fire: South Florida's 911".
2. DLW Productions, Inc. shall have authorization to
videotape the City of Delray Beach Fire Department.
,- DLW Productions, consideration of
3 . Further, Inc. , in
Ten Dollars ($10.00), receipt of which is hereby acknowledged,
agrees to release, defend, indemnify, and hold the City of
Delray Beach and its employees harmless for any suits or claims
arising from injuries, both mental and physical, including
death, that may be sustained by the production crew or anyone
employed by DLW Productions, Inc. , including its agents,
contractors, and subcontractors, during the videotaping of
"Under Fire: South Florida's 911". It is further understood
that this agreement applies to any heirs (including spouses),
legal representatives or successors.
4. In addition, the City of Delray Beach is hereby
released from any liable for any damage 8u8tained to any
equipment owned or leased by DLW Productions, Inc: , , its
employees or agents which is used in the production of "Under
Fire: South Florida's 911".
5. It is understood by all parties executing this
agreement that all videotaped material will be held by DLW
Productions, Inc. and will be used solely for the production of
the "Under Fire: South Florida's 911" television series.
"
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6. As a courtesy to the City of Celray Beach, DLW
Productions, Inc. agrees to allow a representAtive of the
department to review the final production prior to Airing.
7. This Agreement constitutes the full and complete
understanding between the parties hereto, and no other oral
representations have been made. No modifications or change to
this Agreement shall be valid or binding upon the parties
unless in writing executed by the parties to be bound thereby.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement the day and year written above.
DLW Productions, Inc. City ot Delray aeach, Florida
~ 'rÄ~. Thomas Lynch, Mayor
ebra L. Wescott, President
State of Florida ATTEST:
County of Palm Beach
The foregoing instrument City Clerk
was ac~owledged beto~e me
this ~day of ~ , Approved as to Form:
1994 by EÆÞ, L· IN i1T
of
í)&..t,U pJ200 t.c ~ T 10 f.J~ ~ NC. David N. Tolces
a FI DR I 0/'1 corporation, Assistant City Attorney
on~alf of the corporation.
He is personally known to
me or has produced FDL. W~'Q -
17å) -5"') - 'ì ~·1 as identi-
ion ~
,.,.
','
Print, Type or Stamp Name
of Notary Public ec..../lfð'/dO
2
.,
P.02
CERTIFICATE 0' 1«1URAMC£
Th. cDIftJan)' indIcated b.1ow urt1fI'$ that tho Insurance .ffOI·oc4 by the po11Cy or poHc1ts nUIIÞercd and
described below " i~ force .~ of the_effect've date of thl, certIficate. Tn,S Cert1f1Cltt 0' Insurance
doe~ not .~nd. ..tand. or otherw1,. .Iter the T'~I and (ondit1on1.of Insurlnce covtr'~' contained in any
po,tCY numbered and descrIbed below. .
CE~TI'ICAT[ HOlOEa: IMSIJR£O&
CITY 0( OElRAY 6{ACH \ OlW PRODUCTIONS IHC
~OO MW 1ST AVE 2826 MIL" COURT '205
DELRAY eEAtH, fL 33444 l.AHTANA. f'L 13462
.
I I POlICV MUMlER I 'OlICY I POll CY I liMITS Of LIAlILlTY I
I TYPE or INSURANCE I . ISSUI~ CO. IEFf. OATE IEXP. DA1( I (-liMITS AT INCEPTIOM) I
I I
I l (AULI TY I 17-PR-170t99·0001 I 12~07-93 I 12~07-94 I
I (X) It,b111tf and I Ntttof\w1de I ~ I Any One Occurr.nc......... S 1.000.000 I
I ",cHe.1 €xDens. I Mutual ,trot I I I I
I eX) Person,1 tn4 I Insurance Co. I I I Any Ont 'erlon/Org ....... S 1.000.000 I
I Advertising Injury I I I I I
I rXl Hldlclt (XDlnSIS I I I I Anv on. ~'~S'ft ........... $ t,OOO I
I (X) ,Ire ltg,l r I I I An~ One F1r9 or Explosion $ 50,000 I
I Uabi Hey I I I I I
I I I I I Çenera' A9Vre9"'- ....... $ 1.000,000 I
I I I I I Prod/Comp Ops Aoo,eglt.- . $ 1.000,000 I
I r ] Oth.r L\abiJity I I I I I
I I
I AUTOMOBILE LIABILITY I I I I I
It] 8USINESS AUTO I I I I Bod I '>' Injury
I I I I I (Each Per,on) ,......... $ I
I r ) Owntd I I I I (ElcÞ Accident) .,....,. S I
I [ ) Hired I I I I Proptrty OImlOt
I [ ) Non.CMned I I I I (£ac~ ACCldtnt) ........ S I
I I I I I C~fn.d Stngle Lt.tt .... $ I
I I
I IXCIS$ liABILITY I I I I tech Gç,urrlnce .......... S I
I I I I I Prod/Coøp ap,/O'...'. I
I ( ] Umbrel1a Form I I I I Avvregate· ........,.... S I
I . . I
I I I I I STATUTORY L(H(T$ I
I ( ] Work.r, I I I I I aa4(t~ InJury/Acctdent ... S I
I Compenut ion I I I I aoëtly Injury by Of...,. I
I and I I t . I Elçh (MP1oyee ...,...,.. t I
I r ] Emp10ytrs' I I I i I Bodt1y Injury by Ots..se I
I Utbiltty I I I I Policy limit ........... S I
I -- I
Should In~ of the above d.&~~ib.d politte, bt clnc.lled before the OESCR(PTI0N 0' O'(RArI0Ns/~OCArIONS
.~plratton dltt. the tn$uranç. co.øany w11' tnQeavor to mil) 10 day. VEHICLES/RE$TAICTIONS/SPECIAl (TEMS
written notS~e to the .bove na..d certlftcate holder, bùt f.'lure to AOOING CITY or OCLRAY 8EACH
Matl such notice thai I imoose no ob1tgltion or liabIlity upon the AS AOOrT(OHAl INSURED
COMP.ny. 't. Igents. or repr"tntativ...
("fettve Oat, of Certiflclte: 12·01·lgg3 Authorl~.d Rtprt$tntat1v.: fIOAHAN P nULLO
O.te Certificate Issued: 03.17-1994 Countersigned at: 701 'HILLIHGWOAT" DR
su nf' 40
"
THE PAL'1 BEACH Cour-,rrv FlL\1 LwSON OFFICE, A DIVISION OF THE
T()UI{I~r OI;VEl.OPMENT COUNCIL OF PALM BEACH COUNTY (407) 471-3995
1555 PALM BEACH LAKES BLVD.. SUITE 204. WEST PALM BEACH, flORIDA 33401
April 5. 1994
To Whom It May Concern:
This letter introduces Debra Wescott, Producer of 911 SOUTH FLORIDA UNDER FIRE. Ms.
Wescott has been coordinating her program through the Film Liaison Office and our One-Stop
Pennitting policy. To date, Ms. Wescott has received pennission from Palm Beach County Fire
Rescue and the Palm Beach County Sherifrs Office and several other municipalities. This office
has received no complaints regarding her perfonnance or the conduct of her crew when
responding to emergency calls.
In addition, Ms. Wescott has conducted herself both professionally and courteously in her
production company's work on accident/crime scenes and her requests for pennission through
the various government agencies.
The Palm Beach County Film Liaison Office exists for the express purpose of assisting
producers to acquire pennission and cooperation when they have met all of the professional
guidelines. I assure you that Ms. Wescott has been exemplary in her efforts to provide this
office with the necessary requirements for her to fulfill her obligations.
As to the matter of insurance the Film Liaison Office requires that every cooperating
municipality and taxing district is covered as an additionally insured before a permit is issued.
This means if an accident should occur any legal action brought against the city will
automaticalty be covered by the production company·s insurance agency.
If you have any questions regarding One Stop Pennitting and Ms. Wescott. This office will be
glad to assist you.
Chuck Elderd, Director
Fi1m Liaison Office
CE:psh
cc: J. Charles Lehmann, Exec. Dir., IDC
Bill Metzger. Chair. FLAC
'!HE BEST OF EvERYTIllNG
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 4071278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 11, 1994
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: CRA - Historic Homes
The CRA is requesting approval and authorization for the
expenditure of CRA tax increment reserves for the relocation of
the historic homes in excess of the state grant monies.
Florida Statutes 163.370(2)(a) requires the approval of the
City to acquire real property, to demolish and remove any
structures on the property and to pay all costs and relocation
expenses.
Attached please find a letter from Chris Brown and a form
motion for your consideration.
of this memorandum to David Harden, please place this
the May 17, 1994 City Commission agenda.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Chris Brown, CRA
Robert Federspiel, Esq.
~ on ~
0'/ /7 /9t;
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® Printed on Recycled Paper
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'. CD Community
Redevelopment
-a Agency
u.... ....._._. - ... .._,.
Delray Beach
May 10, 1994
Board of commissioners
City of Delray Beaoh
100 NW let ~venue
Celray Beach, FL 33444
Commieeionerss
Ae you R~. AWAre, the City commi..ion ha. entered Lnto an tnterlooal A9reement
wi~h the Ooun~y of ~alm Beach and the Commun1ty ~e4evelopm.nt Agency of the
City ol ~el~ay Beaoh for the roloc~t~on of two hiDtoric homea from the
Hillcrest gubdivision in We8~ patm Beaoh to Block 60 in the Cit¥ of Delray
Beach.
The ralocation an4 land aoquieition for ~hø projeot to being paid ror by the
Community Redevelopment Agency and the City of Delray Beacn and the
restoration of the homes is being paid for by a State Historic Preservation
Grant.
It is expected that a portion of the relocation costs and potential
rQstoratlon ooets in excess of the State Grant may be requi=ed to be paid by
the Community Redevelopment Agency out of its tax increment financing. In
that the Community Redevelopment Agency initially intenðs to utilize one of
the histo~1c homes a8 its administrà~iv~ offices and to lease the othe~ home
p~røuant to an advertised Request ~or ~ropoeal from public agenc1.. and not-
fo~-profit entitiè8 p~r8~ant to ~be terms of the State Grant, the approval of
the City of Delray Beach önd ~alm Beach County are require~ pursuant to
Florida Statut&8 Chapter 163.370(2)(a). It should be noteà that the CRA has
reoeived interest from the Palm Beach County State Historic Preservation Board
regarðing their submitting a proposal for the lease of the eecond historic
home upon the request of the CRA for such proposal.
The City of Delray Beach has approved anð adopted the Community Reãevelopment
Plan providing for this project and the same was previously furnished to Palm
Beaoh county prior to its adoption, in aocordanoe with the notice requirements
set forth in Florida statutes Chapter 163.346.
Accordingly, the Community Redevelopment AgenOy of the City of Delray Beach
respectfully requésls your approval, in the form of the attached Motion, ~or
the implementation or ~hiø project.
Sincerely,
COMKUNIT~ RED~VELOPMENT AGENCY
OF DELRAY BEACH
Christopher J. Brown
~xecutive Director
1 S.E. 4th Avenue, Suite 204, Delray Beach. Florida 33483 (407) 276·8640
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"r rom ... I'\.uc;::l'. I w. r ~l..'I=r"..._¡¡ J. ~I- fl. n. ' ".....",_ "_I - -,_. -' - -- .-- . .-"w.'. -- ---
. . "
.... .. .
MO~ION
The CITY OF DELRAY BEACH, pursuant to S163.370(2)(a),
~
Florida Statutes, horoby approves ~ authorizes the expenditure
of CRA increment reservGS for the Block 60 Redevelopment Plon
contained on page 4.29, 4.29 and 4.30 of the City of Delray Beach
Community Redevelopment Plan amondad by City of Del~ay Beach
Ordinance No. 5-94, FGbruary 22, 1994, fo~ the ~elocation of
historic homes to be used for administrative offioes for public
bodies or for other purposes.
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[ITY DF DELRAY BEA£H
!-,\J '-:'.- \LE . ,.~~RA-(':3EACrl '=L-C,~Ic)A3J444 . "¡07'-:-4,~ '~'J
....
AI ~CIty
May 19, 1994 , III J!
1993
Mr. Christopher J. Brown
Executive Director
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, FL 33444
Re: Approval/Authorization for Expenditure of CRA Tax Increment
Reserves/Historic Homes
Dear Chris:
At the May 17, 1994, regular meeting, the City Commission of the
City of Delray Beach, Florida, approved the Community Redevelopment
Agency's request for approval and authorization for the expenditure
of CRA tax increment reserves for the relocation of the historic
homes in excess of the State grant monies.
The motion, as set forth and approved on the consent portion of the
agenda, was in the following form:
Pursuant to Section 163.370(2) (a), Florida Statutes,
approve and authorize the expenditure of CRA increment
reserves for the Block 60 Redevelopment Plan contained
on pages 4.28, 4.29 and 4.30 of the City of Delray
Beach Community Redevelopment Plan amended by City of
Delray Beach Ordinance No. 5-94, February 22, 1994, for
the relocation of historic homes to be used for
administrative offices for public bodies or for other
purposes.
If you have any questions or need additional information, please do
not hesitate to contact me at 243-7050.
Sincerely,
û&umtJl/;~ j¡h/ìFDl!~
Alison Ma~;~~rty
City Clerk
AMH/m
cc: Susan A. Ruby, City Attorney
Robert Federspiel, Esq.
THE EFFORT ALWAYS MATTERS
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Ð11
SUBJECT: AGENDA ITEM # 80 - MEETING OF MAY 17. 1994
APPLICATION/URBAN EMPOWERMENT/ENTERPRISE ZONE DESIGNA-
TIONS
DATE: MAY 13, 1994
This is before the Commission to authorize joint application with
Palm Beach County to Department of Housing and Urban Development
(HUD) for one of the Urban Empowerment/Enterprise Zone Designa-
tions.
At the Commission workshop meeting of March 15, 1994, approval
was given to submit the IINotice of Intent to Applyll for one of
the designations - either Urban Empowerment or Enterprise Zone.
The City was later informed that it has only one Census Tract
(68-02) which meets the poverty threshold established by the
Federal Government (bounded on the east by Swinton Avenue, on the
west by S.W. 8th Avenue, on the north by West Atlantic Avenue and
on the south by S.W. 10th Street), and that the City would be in
a better position to receive funds awarded if joined with the
County in their application.
The County will submit one application with three proposed
designations; Delray Beach, Riviera Beach/West Palm Beach
(contiguous boundary) and Belle Glade.
Should the designation be awarded, the City would be responsible
for development of the strategic plan for the proposed census
tract, which will include the identification of activities to be
funded.
Recommend authorization for city to jointly apply with Palm Beach
County for one of the Urban Empowerment/Enterprise Zone designa-
tions pursuant to the requirements of HUD.
,
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,
. Agenda I tem No.: 'if 0
AGENDA REQUES~
D t 5/11/94
a e:
Request to. be pJßced on:'
Æ' Cð)1.4eif/[
:/-- -Regu..-lar Agenda Spec 1a 1 Agenda Workshop Agenda
When: 5/17/94
Uescription of agenda item (who, what, where, how much):
Empowerment Zone/Enterprise Zone Designation Program
Requst to Apply for Participation Under Palm Beach
County's Urban Designation
ORDINANCE¡ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Approval
,/, /}.. ... .
Department Head Signature: ~. ~ ~__u_~
t./ I v
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:
.1
Approved for agenda: ¿&¡ NO {1Vi
Hold Until: -
Agenda Coordinator Review:
Received: '
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT ~
FROM: LULA BUTLER, DIRECTOR,
RE: EMPOWERMENT ZONE/ENTERPRISE ZONE DESIGNATION PROGRAM
REQUEST TO APPLY FOR PARTICIPATION UNDER PALM BEACH
COUNTY'S URBAN DESIGNATION
DATE: MAY 11, 1994
ITEM BEFORE THE COMMISSION:
Approval of staff's recommendation to submit a joint application
with Palm Beach County for one of the Urban
Empowerment/Enterprise Zone designations.
BACKGROUND:
Staff presented this new program from HUD to the Commission at
the workshop meeting of March 15th. Based on the information
presented and the program requirements, Commission gave approval
to staff to submit the "Notice of Intent to Apply" for one of the
designations of either a urban Empowerment or Enterprize Zone.
Since then, we have been informed by the State (DCA) that we have
only one Census Tract (68.02) within our City that actually meets
the proverty threshold established by the Federal Government. In
their op1n1on, the City would be 1n a better position of
participating in the funds awarded to the State if we joined with
the County 1n their application. There will be 60 Empowerment
Zones designated throughout the Country; we would stand a better
chance being a part of Palm Beach County's application. They
will submit one application with 3 proposed designations: Delray
Beach, Riviera Beach/West Palm Beach (contiguous boundary) and
Belle Glade.
The City is responsible for development of the strategic plan for
the proposed census tract which will include the identification
of activities to be funded should the designation be awarded.
Census Tract 68.02 is bounded on the East by Swinton Avenue, on
the West by Southwest 8th Avenue, on the North by West Atlantic
and on the South by 10th Street. We will be including proposed
services from the new Carver Social Service Center in our overall
plans.
RECOMMENDATION:
Staff 1S recommending that the City Commission authorized the
City to jointly apply with Palm Beach County for one of the Urban
Empowerment/Enterprise Zone Designations pursuant to the
requirments of the Department of Housing & Urban Development.
LB:DQ
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EZEC.PB
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 871
SUBJECT: AGENDA ITEM # 5? P - MEETING OF MAY 17, 1994
AWARD OF BIDS AND CONTRACTS
DATE: MAY 13, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid Award - Ready Mix Concrete - to Tarmac of Florida,
Inc. at an estimated annual cost of $10,087.50, with
funding from Street Maintenance - Other Road Materials
(Account No. 001-3113-541-53.90).
2. Contract award - Photographic Supplies - to Photoline
Supplies, Inc. - annual estimated cost of $17,513.90
with funding from department operating expense
photo/microfilm service accounts (34.70).
3. Contract Award - Homewood Boulevard sewer extension -
Sullivan Brothers, Inc. , in the amount of $154,923.50,
with funding by budget transfer from Capital Outlay
Other Improvements (Account No. 441-5161-536-63.90) to
Capital Outlay - Sewer Mains (Account No. 441-5161-
536-63.51).
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Agenda Item No.: f::P
AGENDA REQUEST
Date: May 05, 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): Ready Mix Concrete
Term Contract - Bid #94~38 - Estimated annual cost of $10,087.50
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Tarmac of Florida, Inc. at estimated annual cost of
$IQ,087.5Q ¿ ~~'
1 //t
Department Head Signature: 7~fl' ~"'7 ~-/!;./ 5ß/9#'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
~(] ~{ funds):
~~Q~ Funding available: YES/ NO
,,1 Funding alternatives: (if apPlicab~
Account No. & DeS~ion: OOl-?/t;- ~/. 53-4D ~ f?JJA[) µ. ÆLS
Account Balance: ./0
City Manager ~view:
Approved for agenda: @.; NO ftv';
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
THROUGH: Ted Glas, Purchasing Officer rJ//f
.;
FROM: Jacklyn Rooney, Buyer ct
DATE: May 05, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 17, 1994 - BID AWARD - BID #94-38
READY MIX CONCRETE - TERM CONTRACT
Item Before Commission:
The City Commission is requested to award the annual contract for Ready
Mix Concrete to Tarmac of Florida, Inc. , at an estimated annual cost of
$10,087.50.
Background:
Bid(s) for this contract was received on April 22, 1994, from one (1)
vendor, all in accordance with City purchasing procedures. (Bid #94-38 on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
Only one (1) bid was received for this contract. I therefore contacted
our current vendor (Rinker) to see why they had not submitted a bid. They
stated they had forgot the bid opening date. Rinker submitted a quote to
me for the items bid and their pricing was higher than the bid we received
from Tarmac.
I also checked with the Palm Beach County bid, and their current contract
(with Rinker) expires in October of 1994 and will be re-bid. The
difference in pricing from the County Contract and the bid received from
Tarmac is $112.50 for the contract year. We belive the bid that was
received from Tarmac to be fair and reasonable.
The Deputy Director of Public Works has reviewed the bid received, and
recommends award to low responsive bidder, Tarmac of Florida, Inc. , per
attached memo.
Recommendation:
Staff recommends award to low bidder, Tarmac of Florida, Inc. , at an
estimated annual cost of $10,087.50. Funding from the department's
operating expense budget.
Attachments:
Memo From Public Works
Tabulation of Bids
cc: Richard Corwin, Deputy Director of Public Works
Scott Solomon, Superintendent of streets
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MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Mark Kilbourne
Superintendent of Streets
THRU: Richard Corwin
Deputy Director of
SUBJECT: READY MIX CONTRACT - TERM CONTRACT
BID 1194-38
DATE: April 28, 1994
Per your memo of 4/25/94, I recommend award of contract to Tarmac
of Florida, Inc.
Please contact me at extension 7339 if you have any questions.
¡f~##Lo
Mark A. Kilbourne
MK/lm
REF: MKTGRMC.DOC
File: Memos to Purchasing
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RECE!\lED APR 2 6 1994
M E M 0 RAN DUM
TO: Mark Kilbourne, Supt. of Streets
FROM: Jacklyn Rooney, Buyer 'tit
DATE: April 25, 1994
SUBJECT: Bid #94-38
Ready Mix Concrete - Term Contract
Attached is "Tabulation of Bids .. and copies of the bides) submitted
,
by vendor(s) for the above referenced subject. "Invitations To Bid"
were mailed to eleven (11) vendors on 03/18/94. The bid was
advertised in the Palm Beach Post on 03/21/94. The bid package was
picked up by one (1) vendor(s) after mailing of invitations, and
posting of advertisement.
We received only one (1) bid for this contract. I therefore,
contacted our current vendor (Rinker) to see why they had not
submitted a bid. They stated they had forgot the bid opening date was
Friday, April 22. Rinker submitted a quote to me for the items bid
and their pricing was higher than the bid we received at opening.
Please review the tab sheet(s), and forward to Purchasing your award
recommendations. \.0
..-r"' .¡;- ~
If you have any questions, you may reach me at ext. 7163. - J-'¡JIo ...,;
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Thank You. c: I"...) .'
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Attachments: n', N '..:JJ'
.-..
-
Tabulation of Bids ç;
.- r"") -.
Copies of Original Bid(s) Received <...)
cc: Ted Glas, Purchasing Officer
file: Bid #94-38
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~IL 22. 1994 CIlY OF DELMV BE/£H
TAB.W... TIO! OF BIDS
BID. 94-38
RfÞCN MIX COtCRETE - TERI1 COITRACT
DELIVERED PRICES Tarmac
Florida Inc.
ITEI'! DESCRIPTIO!
1- 2.500 PSI
REaJl.AR 44.50 c.y. /
RSIÐV t1lX 7787.50
175 c.v.
2. 3.000 PSI
REWlAR 46.00 c.y. /
REJOV t1lX 2,300.00
SO c.v.
TOTAL BID
PRICE $10,087.50
DELIVERY 48 hours after
receipt of
order
, Any order less
cx:I'M:JoITS/Ð<CEPTI~ than 5 cyds,
add $100.00
delivery charge
Will not extend
same prices,
terms, and "-
conditions to
other Palm
Beach County
Govermental
Entities.
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Agenda Item No.: 8.P (
AGENDA REQUEST
Date: May 10. 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): Photographic
Supplies ~ Annual Contract - at estimated annual cost of $17,513.90.
One year renewal of current contract.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: One year renewal with current vendor - Photoline Supplies.
Inc. at estimated annnRl cost of $17,~11.qO
dj/Ý .
Department Head Signature: -:;P~A x::Pd,.,¿t!..c..L <"'Ï~ð~d
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available, ~ NO
Funding alternative' _, Aú T:34 (if applicable)
Account No. & Description: ,&./1 Y WIDe C -70
Account Balance:
City Manager ~view:
Approved for agenda: tfØ NO
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
"
I
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney, Buyer c(l
DATE: May 09, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 17, 1994 - BID AWARD - CO-OP BID #93-048
PHOTOGRAPHIC SUPPLIES - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to award the one year renewal of the
annual contract for Photographic Supplies to Photoline Supplies, Inc. , at
an estimated annual cost of $17,513.90.
Background:
The City of Boca Raton is the lead entity for this Co-op Bid. Bid(s) for
this contract was received on March 18, 1993, from seven (7) vendors.
The City of Delray Beach City Commission approved this contract on April
13, 1993. Per paragraph #10, page 2, of the General Conditions of this
Co-op Contract, "The Co-op reserves the right to renew the period of this
Contract for two (2) additional contract periods. Renewal of the contract
period shall be by mutual agreement in writing". Per attached, the vendor
has submitted a letter stating his desire to renew the contract for one
more year, and the City of Boca Raton Council approved the renewal of this
annual contract at their Council meeting of April 27, 1994.
Recommendation:
Staff recommends the one year renewal with Photoline Supplies, Inc. , at an
estimated annual cost of $17,513.90. Funding from the various
department's operating expense budget.
Attachments:
Renewal Letter to Vendor Dated 03/01/94
City of Boca Raton Council Approval Recommendation
City of Delray Beach Commission Memo Dated 03/24/93
({, p, {.
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CITY H-;"'~ . 201 WEST P^\"METTQ "M'I( "OJO-O · aOCA ""TON. "'~ORlgA 33"~·~70G . Pt10NG: (407) 1SO$-17~ .
<"'OR H....~NO IMP^IREO~ TOO; (.07) t47~70"e
SUNCOM: (407) gu·noo
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March 1, let4
Pho~lln. Supp11.~
400 C~rc. way; ste. 116
LOnQWood, PL 3t?SO
a.t:t..nt.ion: Dom1nlck Seainara
ket Con~rac~ Renewal - B14 .0. 93-0.8
·Co-Qþ PhotOgrapnic $up'pJl*s~
Dear Mr. S...inora:
OUr bid ref*rcnoe4 above wi11 A~pir8 April 28, 19~4. p.r th_ b~d
apeoif 1cationl5i, we have an o~1on to J:en." AJLi.atinV çQnto.1ó"a~ t'ôa.- an
actcU,t:.1on&1 on. .y.ar period. 1C 1t ill mutuallr Oc¡r..able to 8.11
parti... .
.1.... adv1.. 1f . one year .x~.~ló~ of th. nu~rant con~ract a~
price. q\101:.64 in yo\U," b1\\ d..:tw Maroh 10, .iV3 wou~ð. bé ð.oQcp~able.
... ple.... QOaplete and ret.urn thlA to~ t.o my att:antdJon .U~h.~ by nil
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or by ~ax no later than March 11, 1(¡J~..
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M E M 0 RAN DUM
TO: David T. Harden, city Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Adminstrative Services
THROUGH: Ted Glas, Purchasing Officer
FROM: Jacklyn Rooney, Buyer 1é
DATE: March 24, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 13, 1993 - CONTRACT AWARD -
PHOTOGRAPHIC SUPPLIES - CO-OP BID
Item Before City Commission:
The City Commission is requested to award annual contract for photographic
supplies to low responsive bidder, Photoline Supplies, I nc. , at an
estimated annual cost of $17,513.90. Per the Finance Depart~ent, funding
is from: (
) .
Background:
Various City Departments have need of an annual contract for photographic
supplies and the combined quantities are noted on attached form titled
"Bid Quotation Page ..
.
The City of Boca Raton Purchasing Division is the lead agency for this
Co-op contract. Bids were received on March 18, 1993, from seven (7)
vendors, based on estimated quantities of three (3) governmental entities.
(Documentation on file in Purchasing Office.) A tabulation of bids is
attached for your review.
Photoline Supplies is the current vendor we are using from the last co-op
bid in 1991. Pricing for several items remain the same as last bid. (As
noted on Bid ~uotation Page.)
On March 23, 1'993, the Palm Beach County Cooperative Purchasing Group met
and voted to recommend award to the low responsive bidder (Photoline) .
Recommendation:
Staff recommends that this annual contract be awarded to low responsive
bidder. Photoline Supplies, Inc. at an estimated annual cost of
$1 ?: ,513 . 90 . Funding as outline above.
Attachments:
Tabulation of Bids
City of Delray Beach Requirements
Memo from City of Boca Raton
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BID OUOTATlON PAGE
93-047
ESTIHATED ÃlRIAL USAGE· ARD cOsT F:JR ,EACH - - -
CITY PPSCI ITEM I DESCRIPTION EST'D ANNUAL U.O.M. UNIT TOTAL
USAGE For PRICE For Delrav
COLOR NEGA 11VE FILM Délray"Beåcb Low Bidder - Pbotoline
OK-282 1. KODACOLOR 100 OA 135-11 268 IlOLLS $ 2,30 '* $ 61';.40
OK-I&3 1. KODACOLOR 100 OA 135-24 160 IlOLLS $ 2.70 '* $ 432.00
OK-348 3. KODACOLOl. 100 OA 135-36 -. 5 IlOLLS $ :L50 .,* $ 17.50
OK-110 4. KODACOLOlt. 200 OB 135-12 - IlOLLS $ 2.65 $
OK-1I4 5. KODACOLOlt. 200 OB 135-24 12 IlOLLS $ 3.20 '* $ 38.40
OK-178 6. KODACOLOR 400 OC 135-12 200 IlOUS $ 2.95 '* $ 590.00
OK-349 7. KODACOLOR 400 GC 135-24 210 IlOLLS $ 3.45 '* $ 724.50
.
OK·179 S. KODACOLOIt. 400 GC 135-36 10 IlOUS $ 4.45 '* $ /,/. "0
OK-3S0 9. EXI'AR. lOOOCJ 135-24 IlOLLS $ 5.75 $
COLOR POSITIVE FILM
OK-322 10. EXI' ACHIlONE 100 EC 135-14 ." 25 IlOLLS $ 4.65 ,,$ 1 1 ç., ?"
OK·3S 1 II. EXl' ACHIlOMB 200 ED 135-14 IlOUS $ 5.65 S
OK-3S2 11. EXl'ACHIlOME400 EL 135-14 3 IlOLLS $ 6.45 * $ 19.35
BLACK" WHITE FILM
OK-34 I 13. KODAK T-MAX 100 TMX ~ ROLLS $ 2.65 s
,.OK-3S3 14. KODAK T-MAX 400 NY J3S.34 ROLLS S 2.75 '* $
OK-3S4 15. KODAK PX 401 PLUS X (100' 25 IlOLLS S 30.30 $ 757.50
IlOUS)
,
INSTANT COLOR PRINT FILM
OK-3SS 16. POLOllom 600 PLUS (I'W. fMS) . 495 TWIN PIC. s 16.95 s 8390.25
OF-227 17. POLORom 661 PLUS (tW. NCIQ 205 TWIN PIC. S 12.49 '* $ 2560.45
OK-1S4 19. POLORom 669 PLUS (tW. PMS) 50 TWIN PIC. $ 18.39 '* $ 919.50
OK-54 20. POLOllom SX-'70 PLUS (I'W- fACIO TWIN PI( $ 16.95 $
OK-3S6 21. SPEC'I1lA SYSTEM FDJ.c (I'W. 100 TWIN PIC. s 18.95 $1895.00
PACK)
/
MISCELLANEOUS /
OK·l0a n. MAOICUBES (4 FLASH) 3II'Då. 25 PACKS s 1.80 '* $ 45.00
OK-297 23. ~LYCON11lAST m IlC If PAI'EIl 10 BOXES $ 34.73 $ 347.30
lOOIBX, I- X 10·
-NOTE: VENDORS MUST BID ALL 2J ITEMS TO 118 CONSIDERED FOR AWARD
- EstbLated Rnnval cost for DeIray Beach GKAND TOTAL: $ 17.513.90
'* Pd.ting remainèd'sàme as last
Bid.
Authoriud Signature: Date:
". ,
BID #93-048/PR 7
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Agenda Xtem No. '? f. :<1
AGENDA REQUEST
Date: 05/09/94
Request to be placed on:
XX Regular Agenda
special Agenda
workshop Agenda When: 05/17/94
Description of item (who, what, where, how much) : Staff requests
Commission approve a contract award for Homewood Blvd. Sewer Extension PN
93-030, to Sullivan Brothers, Inc. , the lowest responsible responsive
bidder in the amount of $154,923.50 (Bid tab attached) . The project
includes construction of approximately 2739 feet of gravity sewer to
serve residents on the east side of Homewood Blvd. between Atlantic
Avenue and Highland Avenue. Funding For this project is from Account
#441-5161-536-63.51, Capital outlay.
ORDXNANCE/RESOLUTXON REQUXRED: J~J/NO DRAFT ATTACHED J~J/NO
Recommendation: Staff recommends award of Contract for Homewood Blvd.
Sewer Extension to SUlliva~ In~ f4, w~ 5//1 {f/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 Y NO
Funding alternatives -/tL-4ØV!ff1J5
Account No. , Descr'ption
Account Balance S-
City Manager Review:
Approved for agenda: §/NO f1~(
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
,
MEMORANDUM
TO: David T. Harden
City Manager ~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: HOMEWOOD BLVD. SEWER
EXTENSION; PN 93-030
DATE: May 9, 1994
Attached is an agenda request with copies of the bid
tabulation, consultant's recommendation and necessary budget
transfer for award of the construction contract for the
subject project to Sullivan Brothers, Inc. , the lowest
responsible responsive bidder, in the amount of $154,923.50.
The project includes the construction of approximately
2739 l.f. of gravity sewer along the east side of Homewood
Blvd. to provide sewer service to residents between Atlantic
Avenue and Highland Avenue.
Project funding is from account #441-5161-536-63.51, capital
outlay, sewer mains.
RCH: jem
c: William H. Greenwood, Director of Env. Svcs.
Victor Majtenyi, Construction Manager Tech.
f: 93-030 (D)
r-. p.~
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. HAzEN AND SAWYER Hazen and Sawyer, P. C,
2101 Corporate Blvd.
Environmental Engineers & Scientists Boca Raton, FL 33431
407997-8070
Fax 407 997-8159
May 3, 1994
Mr. Richard C. Hasko I
Deputy Director/Public Utilities
CITY OF DELRAY BEACH
434 South Swinton Avenue
Delray Beach, Florida 33444
City of Delray Beach
Homewood Park Sewerage Facilities
Dear Mr. Hasko:
On April 20, 1994, bids were received on the above referenced project. A total of five bids were
received with Sullivan Brothers, Inc., being the lowest responsive, responsible bidder. Enclosed
is a complete bid tabulation for the project.
Based upon review of bids, it is recommended that Sullivan Brothers, Inc., be awarded the above
referenced Contract. Also, the following references were contacted concerning Sullivan Brothers,
Inc.:
· Steve McGrew - Palm Beach County
· Chris Novack - Port Everglades Authority
· Keith Grant - Grant Engineering
All of these individuals gave favorable references and assured me that Sullivan Brothers, Inc., is
very capable of performing underground work. If you have any questions or need additional
information, please give me a call.
Very truly yours,
:U;,SAWYER. P.C. "
. / ;#lVV'(~
David L. Mathews
Project Manager
Enclosure
c: Saade M. Chibani
4158-4.0
4158LOO1.BCA
New York, NY . Armonk, NY . Upper Saddle River, NJ . Raleigh, NC . Charlone, NC . Richmond, VA . Hollywood, FL . Boca Raton, FL . Fort Pierce, FL . Jupiter, FL . Miami, FL . Bo<¡ota, D.E. Colombia
.
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City of Defray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date 05/09/94
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Richard c. Hasko, P.E.~
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
441-5161-536-63.90 Cap. Outlay - Other Impr. 61,200
441-5161-536-63.51 Cap. Outlay - Sewer Mains 61,200
(10) TOTAL 61,200 61,200
JUSTIFICATION: Transfer required to provide funding for Homewood Blvd. Sewer Extension Construction
PN: 93-030.
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Department Head ( ~ /C, JIJ4, ~ wlf7 5"/I(/~ Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 9 A - MEETING OF MAY 17. 1994
REPORT OF APPEALABLE LAND USE ITEMS
DATE : MAY 13, 1994
This item is before the Commission for acceptance of the report
of decisions made by the various development related boards
during the period May 2 through May 13, 1994. The following
actions were considered during this reporting period.
Site Plan Review and Appearance Board Meetin~ of May 4. 1994
A. Approved 6-0 elevations and signs for the addition of a
Golden Goat aluminum can recovery machine at Sherwood
Park Plaza, located at the southeast corner of SW 10th
Avenue and Congress Avenue.
B. Approved 4-2 elevations for the addition of hurricane
shutters for the Spanish River Resort, located at the
northeast corner of Atlantic Avenue and Seabreeze
Avenue.
C. Approved 5-0 elevations and a color change for Federal
Auto Plaza, located on the east side of NE 6th Avenue,
north of NE 4th Street.
D. Approved 6-0, with conditions, an elevation change for
the addition of an awning for the Gleason Street Cafe,
located on the west side of Gleason Street, south of
Atlantic Avenue.
E. Approved 6-0 a color change for Park Place Condominium,
located on the south side of SE 10th Street, west of
Federal Highway.
F. Approved 6-0 the site plan and associated landscape
plan, elevations and waiver request for establishment
of a child care facility for Little Lee Christian
Academy, located on the west side of SW 13th Avenue,
south of SW 2nd Street.
Historic Preservation Board Meeting of May 4, 1994
X. Approved 7-0 COA 8-221, identification signs for
Historic Swinton Avenue.
> f1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T"é HARDEN, ~MANAGER
THRU: g~~Í.ANNI~g~ ZO
þ~~ ,
FROM:
SUBJECT: MEETING OF MAY 17, 1994
REPORT OF APPEALABLE LAND USE ITEMS
MAY 2, 1994 THRU MAY 13, 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 May 2, 1994, through May 13, 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.
9A
,
City Commission Documentation
Appealable Items - Meeting of May 17, 1994
Page 2
PLANNING AND ZONING BOARD:
The Planning and Zoning Board did not meet between May 2 and May
13.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 4, 1994
A. Approved (6 to 0) , elevations and signs for the
addition of a Golden Goat aluminum can recovery
machine at Sherwood Park Plaza, located at the
southeast corner of SW 10th Avenue and Congress
Avenue.
B. Approved (4 to 2) elevations for the addition of
hurricane shutters for the Spanish River Resort,
located at the northeast corner of Atlantic Avenue and
Seabreeze Avenue.
C. Approved (5 to 0) elevations and a color change for
Federal Auto Plaza, located on the east side of NE 6th
Avenue, north of NE 4th Street.
D. Approved (6 to 0) , with conditions, an elevation
change for the addition of an awning for the Gleason
Street Cafe, located on the west side of Gleason
Street, south of Atlantic Avenue.
E. Approved (6 to 0), a color change for Park Place
Condominium, located on the south side of SE 10th
Street, west of Federal Highway.
F. Approved (6 to 0) the site plan and associated
landscape plan, elevations and waiver request for
establishment of a child care facility for Little Lee
Christian Academy, located on the west side of SW 13th
Avenue, south of SW 2nd Street.
HISTORIC PRESERVATION BOARD MEETING OF MAY 4, 1994
x. Approved (7 to 0) COA 8-221, identification signs for
Historic Swinton Avenue.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
,
LOCATION MAP FOR
CITY COMMISSION MEETING
OF MAY 17, 1994
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CITY LIM/T'S --- S.P.RAS. : H.P.B. :
I aILE I A. - SHERWOOD PARK P\.AZA X. - HISTORIC SWINTON AVENUE
I B. - SPANISH RIVER RESORT (FROM S.W. 10TIi STREET TO
SCALE C. - FEDERAL AUTO PlA7A GEORGE BUSH BOlJ(.£VARD)
D. - GLEASON STREET CAFE
N E. - PARK PLACE CONDOMINIUM
F. - lJTTlE LEE
- CHRISTIAN ACADEt.IY
crrY OF DELRAY BEACH, Fl
PLANNINC DEPARTUENT
-- DIGITAL IMSF MAP SYST9I --
,
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 18 - MEETING OF MAY 17. 1994
SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH &
ASSOCIATES
DATE: MAY 13, 1994
This is before the Commission to consider Service Authorization
No. 2 in the amount of $29,500 to Digby Bridges, Marsh and
Associates for additional compensation due to plan changes to the
Golf Course Clubhouse project.
It had not been anticipated that site drainage was inadequate and
needed additional work, that separate toilet facilities would be
necessary for the golfers and banquet patrons, and that new china
and cutlery would be needed for 300 patrons. In addition, a new
pro shop was not within the original project scope.
The current cost estimate for the completed project is
$2,192,074. This figure includes Service Authorization No. 2 at
$34,000. The savings of $4,500 will be added to the contingency
allowance.
- Recommend approval of Service Authorization No. 2 to Digby
Bridges, Marsh and Associates.
¡loJ;&fL id 6/7/9¿¡ & ~
fÆ- ~~
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: ~ William H. Greenwood
Director of Environmental Services
Date: May 10, 1994
Subject: Agenda Request, Delray Beach Golf Course Clubhouse
Service Authorization #2, Digby Bridges, Marsh &
Associates
Project Number 93-18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff requests City commission consideration of Service
Authorization #2 (see attachment A) to the contract with Digby
Bridges, Marsh & Associates, in the amount of $29,500.00. This is
for additional compensation to cover plan revisions following
review of project and compliance with established budget.
The project Request for Qualifications (RFQ),(see attachment B),
indicated that the consultant was to provide a design which
provided approximately 15,000 square feet, including accommodations
for a banquet facility of approximately 300 people. Additionally,
Service Authorization #1 (see attachment C), directed the
consultant to provide the City with a plan for the new Golf Course
Clubhouse of ± 15,000 square feet, including banquet facility for
300 persons.
Beginning on January 25, 1994 City staff and the consultant have
met weekly to review the progress of the plan which was further
defined to meet the requirements of the City Commission and the
practical operational needs of the operator. At these meetings,
various issues were raised by the consultant which have had an
impact on the cost of the proj ect. Some of these were not
anticipated in the beginning, such as:
A. The consultant anticipated keeping the existing site
elevations as is, however after surveys were provided and
topographic data became available, it was evident that
the site drainage was inadequate and needed additional
work. This represented over $100,000.00 in additional
cost.
B. The pro-shop was to have remained at the current size,
however this was enlarged to meet the real needs of the
sales area.
C. Separate toilet facili ties became necessary for the
golfers vs. the banquet patrons, thus increasing the cost
of plumbing and finishes.
,
·
O. The cost of new china and cutlery for 300 patrons was not
indicated as part of the original budget, but is now
included.
These comments, and others, which in the opinion of City staff make
for a better product, clearly have had an impact on the overall
cost of the project. Detailed minutes of these weekly meetings
have been kept, and are available for review.
Following numerous reviews, and adjustments made to the plan, the
consultant was able to determine the cQst, and on April 20, 1994
the consultant presented his first detailed cost estimate in the
amount of $2,542,458.00. This was in excess of the established
budget of $2,200,000.00. The consultant met with City staff and
then with City commission and was directed to make whatever
revisions required to corne within the budget, while maintaining as
much as possible the required areas and seating capacity.
Following this meeting the consultant has met with staff and
changes were made to the plan which still provides the basic
requirements of the program, while reducing the cost of the project
to be wi thin the required budget. The current estimate is at
$2,192,074.00 (see attachment 0). This figure includes the
additional $29,500.00 for Service Authorization #2, but is
indicated at $34,000.00 since it was done prior to our final-
negotiated price and will be adjusted accordingly.
The city Attorney has made reference to section II, paragraph D
(see attachment E), as sufficient cause to require the consultant
to make necessary changes at no cost to the City, unless directed
by the city. In this case, the City participated in the final
space allocations which contributed to the final product affecting
the budget.
The consultant developed the additional cost for Service
Authorization #2 by requesting from his consulting engineers cost
to revise their work to comply with the revised plan. This
totalled over $55,000.00, however based on the percentage of
completion by the various firms, he was able to cut that figure
back to $34,000.00. Staff has reviewed the proposed amount for
this work and also reviewed the contract, section II, paragraph D,
and have been able to reach a new negotiated price of $29,500.00
for the additional work and finds that this request is justified.
Attachments
cc: José Aguila
File: 93-18 (0)
\ESD\9318\sa2mem
ATTACHMENT A
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
CONSULTING SERVICE AUTHORIZATION
DATE: January 20, 1994
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 445-4763-572-31.30
PROJECT NO. 93-18 (CITY) 90-24 Digby Bridges, Marsh
& Associates, P.A.
TITLE: CITY OF DELRAY BEACH PUBLIC GOLF COURSE CLUBHOUSE
This Service Authorization, when executed, shall be incorporated in
and shall become an integral part of the Agreements dated January
20, 1994, between the City of Delray Beach and Digby Bridges, Marsh
& Associates, P.A., as well as Service Authorization #1 dated
1/25/94.
I. PROJECT DESCRIPTION
Provide necessary revisions· to plans as discussed on 3 May
1994 at city commission meeting in order to comply with
established budget and building size, including a reduction of
seating capacity to a 250 seat banquet facility.
II. SCOPE OF SERVICES
Same as Service Authorization #1 dated 25 January 1994.
III. BUDGET
Compensation for services described above and in addition to
those listed in Service Authorization #1 shall be in the lump
sum of $ 29,500.00.
IV. COMPLETION DATE
A. It is the purpose and intent of the city to have the Golf
Course Club House complete and in operation by July 15,
1995. The completion date for the plans, contract
documents and permit applications is May 23rd, 1994. Time
is of the essence for the completion of architectural and
construction portions of the project.
.
,
.
- .
c
,
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion is
unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further notice to
proceed.
Approved by: DIGBY BRIDGES, MARSH & ASSOC.,
CITY OF DELRAY BEACH: P.A.
Date Date
Thomas E. Lynch
Mayor
Attest: BEFORE ME, the foregoing
instrument, this c¡ -J-"
da y 0 f ("('V; '-( ,
1994 was acknowledged by
Approved as to Legal ~ "~ ßt'~ ,.\~( ~
on b ~f of he corporation
Sufficiency and Form and said person executed the
same free and voluntarily for
the purpose there- in expressed.
,
Witness my hand and seal in the
county and state aforesaid this
q day of
mill.( , 1994. ~
Notary Public 1M. ~
state of Florida
My commission Expires:
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ATTACHMENT B
CITY OF DELRAY BEACH, FLORIDA
REQUEST FOR QUALIFICATIONS
RFQ #94-09
The City of Delray Beach, Florida, in compliance with Section
287.055, Florida statutes, and Chapter 36 of the City Code of
Ordinance hereby makes public announcement that the City desires
to engage the professional services of an architectural firm.
The tasks include furnishing plans and specifications as follows:
Golf Course Club House. The City desires to have designed
and built an approximately 15,000 square foot golf course
club house at it' s municipal golf course. Architectural
services are required for complete plans, specifications and
contract documents, to include club house building, Qanquet
and restaurant facilities, interior design, site, parking,
lighting, landscaping and associated facilities. Banquet
and restaurant facilities will be required to accommodate
approximately 300 people.
The project will include the phases of plan development, namely
preliminary design and cons v I tat ion , final design, contract
documents, permi ts, bidding, award and construction-
administration and inspection, subject to the city's specific
needs. Firms shall supply a certificate of existing insurance
for general and professional liability, and indicate the amounts
of coverage. The City shall require this insurance in the amount
of $1,000,000.00.
The time frame to complete contract documents, bidding, award and
construction is critical. It is the City's intent to have the
Golf Course Club House completed and operational no later than
December 1, 1994.
To be considered qualified for this project firms will have to
have previous experience in club house and/or resturant banquet
facilities and interior design. Drawings of previous work may be
required for presentation to the City commission. The firm must
also be able to meet the project design and construction
schedule. Selected firms will be required to enter into a fixed
price contract with the city, and must have a certified interior
designer as part of their design team.
The submittal package shall include SF 254 and 255 which shall
. include the names, and qualification of the individuals who will
be assigned to the project and their background in the design of
similar club house facilities, references, and a list of all
similar projects.
Interested firms shall submit four (4) copies of their
qualifications package plus one set of site plans (and
elevations) of a recently completed golf course club house and/or
; resturant/banquet facility if available. The qualifications
- should include credentials of the firms current personnel,
ability to perform, business stability and references.
Qualification packages should be submitted to the Purchasing
Division, City Hall, 100 N.W. First Avenue, Delray Beach,
Florida, 33444 on or before 5:00 p.m., November 23, 1993.
,
--ATTACHMENT C
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
_~ CONSULTING SERVICE AUTHORIZATION
DATE: January 20, 1994
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 445-4763-572-31.30
PROJECT NO. 93-18 (CITY) Digby Bridges, Marsh &
Associates, P.A.
TITLE: CITY OF DELRAY BEACH GOLF COURSE CLUB HOUSE
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Agreement
dated January 20, 1994, between the City of Delray Beach and
Digby Bridges, Marsh and Assoc., P.A.
I. PROJECT DESCRIPTION
Preparation of site plans, construction documents,
obtaining related approvals, assistance in bidding, and
construction administration services for the design and
construction of a +15,000 sq. ft. golf course clubhouse. -
The club house šhall include a 300 seat banquet
facility, pro shop, locker room and related facilities.
~ The club house will be located at the City's Municipal
Golf Course.
II. SCOPE OF SERVICES
A. The services the consultant shall provide, shall
include all planning, design, construction
administration and coordination services necessary
for the construction of the Delray Beach Golf Course
Club House.
B. Demolition plan of the existing clubhouse and
renovation of existing bag storage and proshop
building and related parking area.
C. The services to be provided shall include the
following phases as listed in the Agreement for
Architectural services:
Phase I - Master Plan/Schematic Design Phase
Phase II - Design Development Phase
Phase III - Construction Document Phase
Phase IV - Bidding/Negotiation Phase
Phase V - Construction Contract Administration
Phase
Phase VI - Resident Project Representative (RPR)
,-- Service Phase. Not included at this
time.
D. In addition to the work outlined in the phases the
following shall also apply:
1
- -
1. In addition to the components listed in Phases I
through V the architect shall be responsible for
preparation of landscaping plans (to include
xeriscaping) , irrigation plans, interior design,
civil engineering, structural engineering,
mechanical engineering, plumbing engineering, fire
protection plans, electrical engineering
(including provision for emergency electrical
service plugs) food service and laundry service
plans.
2. The design of the club house facility shall
accommodate the existing city utilities and golf
course facilities and provide concrete vaults,
submersible pumps and revised electrical service
and piping as required.
3. Design and construction schedule shall be
submitted to the city on Primavera computer
software and clearly display the critical path.
All approvals, meeting dates and major events
shall be identified. Schedule shall be submitted
to the city on January 31, 1994. -
4. Final construction documents shall be completed on
Auto Cadd Versio~ 12.
I
5. The consultant (and contractor when construction
begins) shall attend weekly progress meetings at
the City to monitor the status of design and/or
construction and coordinate activities. Meetings
shall be helè on Thursday at 2:00 p.m. The
meetings shall commence on February 4, 1994 and
shall continue each Thursday until project is
completed. This schedule shall be adhered to
unless altered by the city.
6. Consultant shall provide all services necessary to
obtain approvals required, which may include, but
not necessarily be limited to the following:
Florida Department of Health and Rehabilitative
Services
South Florida Water Management District
Palm Beach County Department of Environmental
Resource Management
Lake Worth Drainage District
City of Delray Beach site Plan Review and
Appearance Board
City of Delray Beach Department of Environmental
Services
City of Delray Beach Building Department
City of Delray Beach City Commission
The consultant shall furnish all materials and
make presentations to these governing bodies as
required to obtain all necessary approvals.
2
,
- 7. Consultant shall coordinate and provide for all
utility services and relocations as required.
utility coordination and services may include:
Electric power
Telephone
Cable TV/multi media
Water (Including raw water mains & wells)
Sewer
Gas
Landscape Irrigation
City shall pay costs to relocate utilities.
E. Soil testing shall be provided by the Consultant (up
to four standard penetration tests.) In the event of
poor soil conditions the City will pay for additional
soil testing, reports and recommendations when
authorized by the city Manager.
F. Architectural Renderings
III. BUDGET
Compensation for the services shall be as follows:
A. Method I - Lump Sum (See VII A.1 of Agreement)
- Phase I $ 15,900
Phase II 15,900 ,-
Phase III 86,~___. (\)('2.')0 -t 't. 'r',YÍ':...\)l)('¢
Phase IV 12,950 (
Phase V 31.800 c.+t.+1çc
/
Total not to exceed $163,000
B. Method II time charges/not to exceed budgeted
amount (see VII A.2 of Agreement).
1. All expenses associated with the preparation
and reproduction of drawings and specifications
for the development of plans and contract
documents shall be at the consultant's expense.
The City shall pay reimbursable expenses for
plan review, permitting application cost,
bidding and printing cost associated with plan
review sets, permi tting sets, bid sets, and
construction documents sets. Reimbursable
expenses shall not exceed $15,000.00 as per
paragraph VII. 2 . b of the standard agreement.
These reimbursab13 expenses include consultants
travel cost.
2. Architectural rendering $ 2,000,
- Consultant shall prepare and deliver to the
City a colored, three dimensional, framed
rendering no later than April 22, 1994.
3
., .
_ IV. COMPLETION DATE
A. It is the purpose and intent of the city to have the
Golf Course Club House complete and in operation by
December 15, 1994. The completion date for the
plans, contract documents and permit applications is
. April 22, 1994. Time is of the essence for the
completion of architectural and construction portions
of the project.
This service authorization is approved contingent upon the
city's acceptance of and satisfaction with the completion of
the services rendered in the previous phase or as
encompassed by the previous service authorization. If the
City in its sole discretion is unsatisfied with the services
provided in the previous phase or service authorization, the
City may terminate the contract without incurring any
further liability. The CONSULTANT may not commence work on
any service authorization approved by the City to be
included as part of the c0ntract without a further notice to
proceed.
Approved by: DIGBY BRIDGES, MARSH &
CITY OF DELRAY BEACH: ASSOC., P.A. -
- ~
j) I&/J~ ~I &£5
(P~t or Type)
Title: (XE,s I »eN í
Attest: ~
. . BEFORE ME, the foregoing
instrument, this ~ I ~
day of Jï~~ ' 1994
Approved as to Legal was acknowledg d bY~/&.Ø~ ~~/~é5
~Cj{ -&rm on beh~lf of the Co por Hon
~, , and sa1d person executed the
~~~ ~~ same free and voluntarily
for the purpose there-in
expressed.
witness my hand and seal in
the County and stat~
af]ðsaid this :2J ~ da~ ¡of
~v~ ' 199)~
Notary Public
State of Florid
My Q1.ss.o . .,..
CSA318-1. MRM · · tlt May 2. ,.
4 .' ,'I _1MU1NIffMI.........
.,
~_. .' .
DELRAY BEACH GOLF CLUB HOUSE
CONSTRUCTION BUDGET ESTIMATE
ATTACHMENT D
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 BiJl of Quantities with reductions $276,609
-
FURNITURE, FITTINGS 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
Reimbursables $15,000
Architectural Rendering $1,500 $213,500
CONSTRUCTION BUDGET ESTIMATE $2,192,074
:0
· .
-- ''-'"
ATTACHMENT E
~
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
L D. The City has established a budget for each project
~ ~ awarded to CONSULTANT. The CONSULTANT shall be -
responsible for providing, at no additional cost to
the city, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a result of a change in the scope of
services directed by the City.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services -
3
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ['7L 1
SUBJECT: AGENDA ITEM # q C - MEETING OF MAY 17. 1994
RESOLUTION NO. 40-94
DATE: MAY 13, 1994
This is a resolution in support of efforts of "Save The Old
Courthouse, Inc." to secure state grant money to save the 1916
Palm Beach County Courthouse.
The restoration of the old courthouse was recently selected from
59 competing projects to receive a State Historical Preservation
matching grant of $43,822. This money will pay for Phase I of
engineering, architectural and historic surveys and documenta-
tion.
A second grant application will be for the large speoial category
grants to conduct actual brick and mortar restoration work.
Recommend approval of Resolution No. 40-94 in support of "Save
The Old Courthouse, Inc."
-
,
~~
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~aUt ~t (f)[b ~ourtbou5t, Jhi~t- ~<".9 /~ð
1ßahn jitatþ ({ount!, ~~", ~
r
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April 26, 1994 ~
~
Honorable Thomas E. Lynch, Mayor
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mayor Lynch:
Attached please find a draft resolution regarding the restoration :
of the Old 1916 Palm Beach County Courthouse. I am requesting that
the City Commission consider this resolution supporting SAVE THE
OLD COURTHOUSE, Inc. ' s ~fforts to secure state grant money and
restore the building.
The restoration of the Old 1916 Courthouse was recently selected
from 59 competing projects from around the state to receive a State
Historical Preservation matching grant of $43,822. This money will
pay for the first phase of engineering/architectural and historic
surveys and documentation. The next grant application SAVE THE OLD
COURTHOUSE, Inc. will submit is for the large Special Cateqory
Grants to conduct actual brick and mortar restoration work. I
would like to include your resolution with this application which
is due June 15, 1994. Your support is vital to the success of
this project and will help bring historic grant money into Palm
Beach County.
If I can answer any questions, please contact me at 844-1399. Your
assistance is greatly appreciated.
Inc.
attachment
cc: David Barden, City Manager
/mbb.reso
Pose Office. Box 418· West Palm Beacn. Florida 33402. (407) 844-1399
.
RESOLUTION NO. 40-94
A RESOLUTION OF THE CITY COMMI~SION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING THE HISTORIC VALUE OF
THE 1916 OLD PALM BEACH COUNTY COURTHOUSE AND THE
COMMITMENT AS CUSTODIANS OF OUR HISTORIC STRUCTURES FOR
FUTURE GENERATIONS.
WHEREAS, historic public buildings are a rare and valuable
asset which contribute greatly to the character of our area and our
quality of life; and
WHEREAS, the 1916 Palm Beach County Courthouse has continuously
served the citizens of Palm Beach County for the last 78 years; and
WHEREAS, the Commission of the City of Delray Beach, Florida,
understands we are the custodians of our historic structures for fut~re
generations and is committed to historic preservation as demonstrated in
the City's Historic Preservation Ordinance No. 13-87; and
WHEREAS, the history represented by the 1916 Palm Beach County
Courthouse belongs to all the citizens of our County; and
WHEREAS, the restored 1916 Courthouse will serve the community
by creating space for public use; and
WHEREAS, the 1916 Palm Beach County Courthouse is under the
threat of complete destruction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby supports the efforts to secure state grant money
to save the Old 1916 Palm Beach County Courthouse for the enjoyment and
use of the citizens of Palm Beach County and future generations.
PASSED AND ADOPTED in regular session on this 17th day of May,
1994.
MAY 0 R
ATTEST:
City Clerk
.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!JJ1
SUBJECT: AGENDA ITEM i 9D - MEETING OF MAY 17. 1994
SERVICE AUTHORIZATION NO. 11/GEE & JENSON
DATE: MAY 13, 1994
This is before the Commission to approve items A, B and C of
Service Authorization No. 11, in the amount of $7,550, to Gee &
Jenson to provide further recommendation on protection of City
Hall from hurricane damage.
The work consists of detailed structural evaluation, destructive
testing and preparation of possible repair/remedial action plans
and storm hardening measures for specific areas of the original
City Hall and the 1982 addition.
Recommend approval of items A, Band C of Service Authorization
No. 11, with funding from General Construction-Building (Account
No. 334-6111-519- 62.10).
~~-O
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I
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-<;117 /i. f.-rr
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k Cq,,,,,;~ \ ê- ~ renda Item No. ~
'"t:: '-< '7;)~~'L'2' C'1
.<: 'H'1-A J), ( , ,j
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@< Date: May 11, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: May 17, 1994
Description of item (who, what, where, how much): Staff reauest
City Commission Approve Service Authorization #11 to the contract
with Gee & Jenson in the amount of not to exceed $11.800.00. The
work consists of a detailed structural evaluation. destructive
testing and preparation of possible repair/remedial action plans
and storm hardeninq measures for specific areas of the second story
of the city Hall Facility. Funding is available under the General
Construction Fund. Building Account No. 334-6111-519-62.10.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of items A. B. and C at
this time for a not to exceed sum of $7.550.00 and allow the
balance of the work indicated on item D to be performed at the
discretion of the cit Mana er for a sum of not to exceed
4 250.00 for a total of 11 800.0 .
Department head signature:
Determination of Consistency with comprehensive Plan:
ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): .
Funding available:~NO
Funding alternative' - (iæ; apPltfm¥ê/.{
AccountNo. & Descr~Ptiqn~Lf -~7111- Sf1-.(¡Z-fO "5!CAf. ç (,{Cl1tJJ FUN])
Account Balance 1 I ~;ilo.} , , , 'ß U I L D / tJGzs,
City Manager Review: 6: ¿f'1 4 ' ,
Approved. for agenda: ,~N ' , _~ L?j c/' '. _~-. <k,--<-~(~=th.'/:"K~ ~Y'~
Hold Untll: ('~' &Æ' -l
.~~'" /. " .' 7+-'- '¡5I~:;t, -. -IAa'
Agenda co,?rdinator Review: f A B ~ \. L ('-"<'5-' ',~ ~'. (,.-<~
Rece1ved: \. { " ,l.., vr
Placed on Agenda: _~--:cL- Gv..'v"v'-1~ f.... "},
Action:
Approved/Disapproved
\esd\9419\agreq517
,
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: ~"William H. Greenwood
Director of Environmental Services
Date: May 11, 1994
Subject: Agenda request, Service Authorization #11
City Hall Facility potential hurricane damage mitigation
Project No. 94-19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City commission approve Service Authorization #11 to
the contract with Gee & Jenson in the amount of not to exceed
$11,800.00. The work, as presented at the City commission Workshop
of May 10, 1994, consists of detailed structural evaluation,
destructive testing and preparation of possible repair/remedial
action plans and storm hardening measures for specific areas of the
second story of the City Hall Facility. Attached is a memo dated
April 7, 1994 which further details the work to be done.
Staff recommends approval of items A, Band C, as listed on the
Service Authorization, at this time for a not to exceed sum of
$7,550.00 and allow the balance of the work indicated in item D to
be performed at the discretion of the City Manager for a not to
exceed sum of $4,250.00, with a combined total of $11,800.00.
Funding is available under the General Construction Fund, Building
Account No. 334-6111-519-62.10.
Attachment
cc: José Aguila
File: 94-19 (D)
\ESD\9419\ccmemS17
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CONSULTING SERVICES AUTHORIZATION
Date: May 9, 1994
Service Authorization No. 11 for Consulting Services
City P.O. No. City Expense Code
Title: City Hall 1982 Addition - Storm HardeninQ Measures
This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract.
I. PROJECT DESCRIPTION
The services include detailed structural evaluation, destructive testing and preparation of possible
repairlremedial action plans, and storm hardening measures for specific areas of the second story (1982
addition) of the City Hall as discussed in Gee & Jenson memo of April 7, 1994, conceming service
authorization #11.
II. SCOPE OF SERVICES:
A. Wind Resistance Analysis
Perform a detailed structural analysis of existing facility's lateral wind resistance characteristics. Identify any
areas of apparent weakness in the structure and the building envelope. Classify the probable mode(s) and
location(s) of potential failures and resulting collateral damage.
This item requires a detailed study of all available design documents, specifications and shop drawing
records, as well as some destructive testing and other on-site activity.
8. City Clerk's Vault
1. Evaluation
This evaluation would occur after the results of Scope item A are available. Specific modes of
failure directly affecting the Clerk's Vault would be identified. Some additional field activity and
testing may be required.
2. Remedial Recommendation
Develop and present possible concepts to repair, reinforce or to minimize damage from the potential
risks identified in the evaluation exercise.
C. Computer Services (MIS) Support Area
1. Evaluation
This evaluation should be combined with similar activities being performed for the Clerk's Vault,
owing to their proximity to each other within the facility. Specific modes of failure, either structural
or envelope related would be identified in conjunction with the results from Scope Item "A". The
methods of this evaluation are the same as above.
2. Remedial Recommendation:
Develop and present possible concepts to repair, reinforce or to minimize damage from the potential
risks identified in the evaluation exercise.
D. Miscellaneous Services
1. Storm Category Rating of the 1982 Addition:
Evaluation:
This evaluation, again, is part of the overall analysis process, which will be performed in items "A",
"8" and "C" above. It is difficult to pin-point an exact limit state at which a building structure will fail,
since a building is a conglomerate of materials and assemblies, many of which cannot be readily
quantified after construction is completed. However, using some reasonable judgements about
building assemblies and local construction practices, a conservative estimate could be developed.
It should be known that, in the absence of exhaustive field verification and significant destructive
,
- .
Item D $ 4,250.
$11,800.
III. Completion Date:
Items A , Band C of the Scope of Services will be completed within 45 days of authorization:
Item D of the Scope of Services will be completed by December 1994.
(except for delays beyond the reasonable control of the Consultant).
IV. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the
completion of the services rendered in the previous phase or as encompassed by the previous service
authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase
or service authorization, the City may terminate the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization approved by the City to be included
as part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT: ( Gee & Jenson E-A-P, Inc.)
Date Date
By:
Thomas E. Lynch Russell C. Devick, P.E. - Senior Vice President
Mayor (Seal)
Witness
Witness
Attest: Attest:
Approved as to Legal Sufficiency and Form
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of May, 1994 by Russell C. Devick, P.E., Senior
Vice President of Gee & Jenson Engineers-Architects-Planners, Inc., a Florida corporation, on behalf of the
corporation. He is personally known to me and did not take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
m.lwrslauthcyha
"
testing, the end solution is at best an educated estimate.
2. Window Safety Laminate:
Evaluation:
A product search would be performed gathering available information as to existing available
products, performance histories and costs, for after market applied safety laminates for exterior
glazing.
Remedial Recommendation:
If such products can be evaluated to represent a suitable alternative to other window protection
methods, such materials could be qualified for use on municipal facilities. Cost estimates could then
be prepared for application to the City Hall facility.
3. Interior Hardened Space:
Evaluation:
The existing building plans would require a detailed study to determine the most likely interior area
to be isolated and "hardened" against storm damages within the 1982 addition. This, again,
involves a detailed structural analysis and investigative field work to identify and quantify the existing
facility's specific weaknesses and recommend remedial measures to improve the facility.
4. Roof Tile Projectile Risk:
Evaluation:
Once in place, roof tiles generally cannot be further secured by any discrete means. However,
roofing experts would be consulted in order to answer this question definitively.
E. Additional Services
Provide additional services as mutually agreed upon by both parties.
Items to be Furnished by Client
At No Expense to the EnQineer
Assist Engineer by furnishing, at no cost to the Engineer, all available pertinent information including previous reports,
existing drawings and specifications and any other data relative to performance of the above services for the project.
It is agreed and understood that the accuracy and veracity of said information and data may be relied upon by the
Engineer without independent verification of the same.
Designate in writing a person to act as the Client's representative with respect to the services to be performed under
this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and
define the Client's policies and decisions with respect to materials, equipment, elements and systems pertinent to the
Engineer's services.
Time of Performance
The Evaluation and recommendation Phases of both items "A" and "B" above will be completed within 45 calendar
days after receipt of Notice to Proceed, except for delays beyond the reasonable control of the Engineer.
The evaluation phase and recommendation phase for item C above will be completed by December 1994, except for
delays beyond the control of the Engineer.
Fees to be Paid
Basic Services:
For items "A" , "S", "C" and "0" above, comprising the total scope of services for Service Authorization No. 11, the
Engineer will be paid an hourly fee of (not to exceed) Eleven Thousand Eight Hundred Dollars ($11,800.00). For Item
E of the Scope of Services, hourly charges as mutually agreed upon.
Item A $ 3,400.
Item S $ 2,450.
Item C $ 1,700.
.,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ¡Ø'CITY MANAGER
SUBJECT: AGENDA ITEM i c¡r;- - MEETING OF MAY 17. 1994
REOUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS. INC.
DATE: MAY 13, 1994
This is before the Commission to consider a request from South
Florida Dynamics, Inc. for a contribution of $1,000 towards a
baton twirlers group trip to the America's Youth Parade, an
international level competition to be held at the University of
Notre Dame in July, 1994.
These twirlers participate in the baton program sponsored by the
Delray Beach Recreation Department, and practice at the City's
Community Center.
Funding will be provided through budget transfer from Contingency
(Account No. 001-6111-519-99.02) to Other Grants & Aid (Account
No. 001-6311-572-83.01).
Recommend consideration of $1,000 contribution to South Florida
Dynamics, Inc. to support their competition at the University of
Notre Dame.
~ 11-0
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Donna BuUerdick 0lj t,;- O~~
Vice-President South Florida Dynamics, Inc. ~~ // ~ ~<:)
RE: 65-047-3030 ~/.1 ~
'~, if
535 N. W. 4th Ave .r
/)/.
Dekay Beach, FL 33444 'l~
¡:
City Manager and
Dekay Beach City Council
Delray Beach Fl 33444
Dear Members,
I am writing you on beha1f of the South Rorida Dynamics, Inc. We are a non-profit organization whose main
pwpose is to provide monetary support for an exceptional group of baton twirlers. Our aim is to establish a
scholarship fund to assist twirlers and provide travel expenses for them. These twirlers participate in the baton
program sponsored by the Dekay Beach Recreation Department and practice at the Dekay Beach Community
Center. We also participate in your annual Christmas parade.
We have planned a trip for the America's Youth on Parade, an intemationallevel competition to be held at the
University of Notre Dame in July, 1994. Last year this competition drew 10,000 twirlers from an over the world.
Participants came from the Far East and Europe, as well as Canada and the fifty states. At that competition, the
South Rorida Dynamics were named Nationa1lWorld champions for their rendition of "All That Jazz." Imagine
our excitement when the announcer said, "...And in first place,...from Florida,.......the 1993 Junior
W orld/National danceJine champions,... The South Florida Dynamics!"
We heard our name announced many tUnes during that week and our twirlers captured many "Top Ten" awards
in both group and solo events. The thrill of victoty is certainly sweet It has provided incentive for the twirlers to
work even harder this year in anticipation of a return trip to the national competition.
A trip of this magnitude requires a great deal of preparation. It's nice to know that in today's world of drive-by
shootings, drug abuse, and other acts of violence, there are still some young people who are willing to devote
many hours each week to developing their skills. They know that working together is the means of achieving their
goal. These twirlers are working very hard to achieve a high standard of excellence in order to be good
representatives of the DeJray Beach community.
Weare asking for your help in raising money to purchase plane tickets, pay for hotel rooms, and pay entty fees
for the competition. It costs about $1000 per twirler to attend this week long competition. Our needs also include
a large banner to hang in the Notre Dame Arena, props for the routines and sweatsuits for the girls.
Your donations will help a group of local children who are working to develop skiDs, uphold sportsmanship, and
attain a goal. We certainly hope Dekay Beach, one of the top ten cities in the nation, is wiDing to support us in
this endeavor. We need your help as civic leaders and Roridians. We sincerely hope you are the type of
organization we are and that you could help an extraordinaty group of girls reach out for their goal of being
World Champions in 1994.
We will represent ourselves and Rorida by being the best in our sport, and the best in class in the world. This is
what we strive for in our organization. These are our goals and our aim, I hope you will make it yours.
I hope you could consider out request on your May 17 agenda meeting.
Sincerely,
~y~
Vice-President South Rorida Dynamics Inc.
I
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City of Dekay Beach
Departmental Budget Transfer
) Departmental Une Transfer (2) Date 12-May-94
(3) Interfundllnterdepartmental Transfer (4) Batch Number
UI1lJa Turnage. Budget Adrnlnl~lrator
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
001-6111-519.99-02 Contingency 1.000
001-6311-572.83-01 Othcr Grants & Aid 1.000
(10) TOTAL 1.000 1.000
JUSTIFICATION: P,ovide funding to sponsor the South Florida DynarJ1ics. Inc. baton twirlers
in an international competition to be held at the University of Notle Dame May 17 Agenda.
~ ~~-~ f"\
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Department Head / , /...-\ Asst City Manager
Jdget Officer (/ ) '" \ City Manager
, \ \. ~. \/
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(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [~!-?
SUBJECT: AGENDA ITEM i "F - MEETING OF MAY 17. 1994
INITIATION/COMPREHENSIVE PLAN AMENDMENT 94-2
DATE: MAY 13, 1994
This is before the Commission to formally initiate Amendment 94-2
of the City's Comprehensive Plan. This amendment focuses on land
use issues.
Pursuant to LDR Section 9.2. 1, "A Plan Amendment shall only be
initiated by formal action of the City Commission. II
Recommend initiation of Amendment 94-2 of the City's Comprehen-
sive Plan.
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CITY COMMISSION DOCUMENTATION
TO: David T. Harden, City Manager
.~~r
FROM: Diane Dominguez, Dir~ Planning and Zoning
SUBJECT: MEETING OF MAY 17, 1994
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 94-2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
initiatinq Amendment 94-2 to the City's Comprehensive Plan.
Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only
be initiated by formal action of the City Commission."
Thus, this item is before the Commission for formal action.
BACKGROUND:
-
The City is allowed to enact two amendments to its Comprehensive
Plan each year. The first amendment (94-1) will be transmitted
to the State for review after the Commission transmittal hearing
on May 17, 1994. The second amendment (94-2) focuses on land
use issues.
The Planning and zoning Board will formally review this item at
its meeting of May 16, 1994. After consideration, the Board's
recommendation will be forwarded to the City Commission.
RECOMMENDED ACTION:
By motion, initiate Comprehensive Plan Amendment 94-2 pursuant to
the recommendation of the Planning and Zoning Board.
Attachment:
* P&Z staff report of May 16, 1994
T:\advanced\CCINIT.DOC
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· ,
P & Z Board Staff Report
Recommendation to the City Commission Regarding the Initiation
Plan Amendment 94-2
Page 2
Medium Density Residential (City) as part of an annexation
request.
TEXT CHANGES:
1- Changes resulting from proposed LDR amendments related to
post disaster reconstruction.
2. Changes to the Land Use/Zoning Matrix and other areas to
accommodate the OSR zoning district.
3. Changes relative to the Silver Terrace Redevelopment Plan.
SCHEDULE FOR REVIEW:
The tentative schedule for processing Plan Amendment 94-2 is as
follows:
May 17: Initiation by City Commission
-
July 11: P&Z Board Worksession as necessary
July 18: P&Z Board Hearing
August 2: City Commission Transmittal Public Hearing
The City will request an ORC Report from DCA to shorten the
overall processing time.
Late October: Receipt of ORC Report
Late December: Adoption
RECOMMENDED ACTION:
By motion, recommend that the City Commission initiate
Comprehensive Plan Amendment 94-2, containing the material
stated in this staff report.
¡ /7, ._
Report prepared by: John Walker / / ./', / /
/~~
Reviewed By: Diane Dominguez
T:\advanced\PZINITX
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJt/
SUBJECT: AGENDA ITEM it c¡Q, - MEETING OF MAY 17. 1994
WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT 929
FERN DRIVE
DATE: MAY 13, 1994
This item is before the Commission to approve a waiver to LDR
Section 7.9.11(A) governing projection of a boat lift for 929
Fern Drive (Maguire residence).
Section 7.9.11(A) provides that a boat lift in the raised
position shall not extend more than 10 feet over the waterway
from the property line or seawall or bulkhead, whichever is
nearer to the waterway. This lift will require a total of 19
feet from the seawall (14 feet for the lift and 5 feet for the
dock) . The lift will require dock installation because of the
lack of available space on the seawall when side yard setbacks
are considered.
This waiver meets the following criteria set forth in Section
2.4.7(B)(5):
(a) It will not adversely affect the neighboring area as the
lift is well within the dolphin piling line.
(b) It will not significantly diminish the provision of public
facilities. The canal in this area is over 100 feet wide.
(c) It will not create an unsafe situation since it will not
diminish the clearance of the waterway or impair navigation.
(d) It does not result in the grant of a special privilege in
that the same waiver would be granted under similar
circumstances on other property for another applicant or
owner.
Recommend approval of a waiver to LDR Sections 7.9.11(A) based on
it meeting all the criteria of Section 2.4.7(B)(5).
~ i/-o
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. Agenda Item No.: C¡~
-"GENUA REQUEST
Date: May 3, 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 waiver to L.D.R. Section 7.9.11(A) governing boat lift at 929 Fern Drive for
the Maguire Residence. Boat lift needs to be installed on dock due to lack of
available space on seawall.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Staff is recommending City Commission approve this waiver request
to Section 7.9.11(A) based on it meeting all the criteria of Section 2.4.7(B)(5).
Department Head Signature: ~-~
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:
1\pproved for agenda: §/ NO t7~ )
Hold Until: í
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
I
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Lula C. Butler, Director of Community Improvement ~
REF: Request for Waiver of Section 7.9.11(A) of Dock Code
for Boat Lifts for Maguire Residence, 929 Fern Drive
DATE: May 3, 1994
ITEM BEFORE THE COMMISSION:
- -
City Commission consideration of waiver to the City Land
Development Regulations 7.9.11 (A) governing the boat lift at 929
Fern Drive.
BACKGROUND:
Section 7.9.11 (A) requires boat lifts not to extend more than 10
feet into the waterway. This lift will require a total of 19'-0"
from the seawall (14'-0" for the lift and 5'-0" for the dock).
The boatlift will require installation on the dock because of
lack of available space on the seawall when side yard setbacks
are considered.
Pursuant with the provision of Section 2.4.7(B)(S) the literal
interpretation of the regulations would deprive the applicant of
rights commonly enjoyed by other properties subject to the same
zoning therefore, the City Commission waiver is the only avenue
for this applicant.
The findings of fact are in compliance with the following
criteria:
(a) This waiver will not adversely affect the neighboring
area as the boat lift is well within the dolphin piling
line;
(b) It shall not significantly diminish the provision of
public facilities. The canal in this area is over 100'
wide.
(c) It shall not create an unsafe situation or cause any
problems in the canal or adversely change navigational
conditions; or,
(d) The boat lift does not grant the applicant special
privilege in that the same waiver would be granted
under similar circumstances on other property for
another applicant or owner.
.
949 Fern Drive
May 17, 1994
Page 2
RECOMMENDATION:
Staff is recommending City Commission approve this waiver request
to Section 7.9.11(A) based on it meeting all the criteria of
Section 2.4.7(B) (5).
JS7/Maguire.CC
,
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DOCK'~'
mSEAWALL
~
March 30, 1994
City of Delray Beach
Mr. Jerome Sanzone
100 N.W. 1st Ave.
Delray Beach, FL 33444 0'
Re: Boatlift, Maguire Residence
929 Fern Drive-Delray Beach
Dear Mr, Sanzone:
I am requesting the city's permission to install a 6000 lb.
boatlift on an existing 5 ft. wide dock at the above
referenced address. The boatlift would extend +/- 3ft.
further into the canal than the allowed lO ft, but the
canal in this area is over 100 ft. wide and the böatlift
would be well within the dolphin piling line. We are
requesting that the boatlift be installe,çi on the' dock",
because of the lack of available space on~th~ seawall when
the setbacks are taken into consideratiort. "
Please advise our request and advise us of our course of
action.
Respectfully,
jot, ()~.
James E. pelloni
RECEIVED
APR U At 1~~4
COMMUNITY IMPA.
1 (,0 South Dixie Hwy, · Hoca Raton, FL 33432 · Palm Beach: (407) 750-4255 · Broward: UOS) 570-8572
,
- -.......... ... - -~_.. ,.....-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM # C¡H - MEETING OF MAY 17. 1994
DIRECTION FOR BID SPECIFICATIONS/HURRICANE SHUTTERS FOR
CITY HALL NORTH WING
DATE: MAY 13, 1994
This is before the commission for direction as to bid specifica-
tions for purchase and installation of hurricane shutters to City
Hall north wing.
Shutter installation was discussed at the May 10 Workshop Meet-
ing, at which time the Commission asked that additional informa-
tion be provided on manpower and storage requirements to install
and maintain both accordian and panel shutters.
Attached is a recommendation from Richard Corwin. Staff requests
Commission give direction so that bid specifications can be drawn
for the purchase and installation of shutters.
Recommend that staff be directed to complete specifications for
the accordian type shutters for bid.
-
f~ Cd 6/7
~ -
MEMORANDUM
TO: ~ Robert Barcinski
. Assistant City Manager
FROM: Richard Corwin
D~puty Director of Public Works
SUBJECT: HURRICANE SHUTTERS FOR CITY HALL NORTH WING
DATE: May 12, 1994
When Hurricane Andrew threatened the City in 1992, the Public
Works staff was mobilized to perform numerous pre-storm
activities among which was shuttering the Police Department.
During this even t , all streets and traffic personnel were
assigned to securing all loose debris and fixtures City wide,
fueling all vehicles, placing equipment and crews at designated
locations for post hurricane clean-up, securing equipment from
contractors, dispensing survival goods, moving office equipment -
to more secure areas, providing for their own needs, checking'
emergency generators and other equipment and generally assisting
other departments with emergency preparations.
Public Works is staffed with a total of 32 personnel and 5 are
Administrative. Facility Maintenance consists of 1 Crew Leader
and 3 Building Maintenance Workers. It is the task of these men
to prepare our buildings for emergencies and provide support
following emergencies to restore facilities to operational
status.
The Facility Maintenance crew were assigned to shutter the Police
Department. This task required 10 hours to complete because of
the type of shutters used by the Police Department. The
corrugated metal panels are slid into top and bottom rails which
are permanently fastened to the building. It was discovered that
several fasteners did not penetrate the foam and concrete far
enough to provide a solid fixture. The panels were un-numbered,
of varying sizes and did not have designated locations making
installation difficult.
The threads of most fittings were coated with paint, rusted or
missing wing nuts. Many had wing nuts rusted on fittings and
were generally in poor condition. Because of the overall
condition of the shutter fittings and panel rails, many windows
were at risk in high winds.
"
-
This type of shutter is not recommended for use City wide due to
manpower requirements to install and maintain them and the many
pieces of hardware necessary to secure them.
For the lower level; north wing; 20 windows, it would require
additional manpower we cannot spare during pre-hurricane
preparations. Because there is no storage facility large enough
for the number of shutter panels at City Hall, they would have to
be stored off site, making installation more time consuming.
If 2 men were assigned the task of shuttering the North wing, it
would require approximately four to six hours. If accordion type
shutters are installed, 1 man could easily shut and lock them
without tools or lengthy preparations and could be done by City
Hall personnel. These shutters are also more secure due to a
fixed frame railing around the entire window and would remain
installed year round. This would permit shuttering at anytime
using minimal manpower or time.
If you have any questions to where I can be of further
assistance, please call me at extension 7294.
~¿: -
,
.-X
Richard Corwin
RC/lm
REF: RCRBCHHS.DOC
File: Memos to Assistant City Manager
Hurricane Shutters/City Hall
.,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # q.::L. - MEETING OF MAY 17, 1994
RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE
DATE: MAY 13, 1994
As of April 22, 1994, the terms of the following representatives to
the Kids and Cops Committee expired:
Agartha Gragg (Pine Grove Elementary School)
Larry Kramer (S.D. Spady Elementary School) ( retired)
Barbara Brown (Banyan Creek Elementary School)
Yvonne Odom (Carver Middle School)
Curt Lavarello (Atlantic High School)
Ivan Retzignac (Atlantic High Student Council) (graduated)
Clyde Harris (Plumosa Elementary School)
Reverend Lenard Johnson (Ministerial Association)
Perry DonFrancisco (Citizen-At-Large)
Dan Burns (Citizen-At-Large) (unable to attend)
On May 3, 1994, the Commission adopted Ordinance No. 20-94 on second
and final reading which formally established the Kids and Cops
Committee as an advisory body. It also provided for the committee's
composition, length and number of terms, and extensions thereof in
view of the unique membership composition. Membership is to consist
of the following:
A representative from the Parks and Recreation Department as
designated by the Director of Parks and Recreation
(Joe Dragon to a term ending April 22, 1995)
A representative of the Delray Beach Police Department as
designated by the Chief of Police (Ross Licata to a term ending
April 22, 1995)
A representative of the recognized bargaining unit for certain
Police Department personnel, as designated by the President of
the recognized bargaining unit (Jeffrey Miller to a term ending
April 22, 1995)
A Clergy representative, as designated by the membership of the
Ministerial Association (currently vacant)
Vìl øtffn &~J ú.J/~ ~
~'. ~ adcf2. ilú;. ßdb¡
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.
A representative from each of the following schools, as
designated by the respective school principals:
(1) pine Grove Elementary (currently vacant)
(2 ) S.D. Spady Elementary (currently vacant)
(3 ) Plumosa Elementary (currently vacant)
(4 ) Banyan Creek Elementary (currently vacant)
(5) Carver Middle School (currently vacant)
(6 ) Atlantic High School (currently vacant)
A Youth representative, as designated by the Student Council of
Atlantic High School (currently vacant)
A Citizen-at-Iarge representative, as may be designated by a
community civic organization interested in the enhancement of the
program (currently vacant)
A representative of MAD DADS, as designated (currently vacant)
Staff has contacted all of the outside groups and schools regarding
their appointments to the committee. As of this date, the following
appointments have been submitted:
Agartha Gragg, representing Pine Grove Elementary School
Pansy Coleman, representing S.D. Spady Elementary School
Barbara Brown, representing Banyan Creek Elementary School
Yvonne Odom, representing Carver Middle School
Perry DonFrancisco, Citizen-at-large
All of the above are eligible for appointment and have confirmed their
willingness and ability to serve on the committee. The term is for
two years, ending April 22, 1996. Attendance records are attached.
A check for code violations and/or municipal liens has been conducted.
There are no outstanding violations.
t,Jpon ratification of appointment for the persons named above,
vacancies still remain for the Ministerial Association, Plumosa
Elementary, Atlantic High School, Atlantic High Student Council, and
MAD DADS. Staff is continuing to work with these groups in an effort
to obtain representation which will then be brought to the Commission
for ratification.
Recommend consideration of the ratification of five (5 ) appointments
to the Kids and Cops Committee to terms ending April 22, 1996.
ref:agmemo
,
KIDS AND COPS
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
, í ,
I " I
I , I :
,
¡ ! ,
Agartha Gragg p p A j P P
~
Larry Kramer ~ I ,
A A A ret red C/)
Barbara Brown A A A A A !
.--
.,...¡
Yvonne Odom A P P A P ~ 1
::>
Curt Lavarello A A A A A
In
Ivan Retzignac A A A grac uated ~
.,...¡
.¡..J
Clyde Harris A A A A A ~
~
Rev. L.C. Johnson A A A A A 0
z
Dan Burns A A A 1:'esi gne.i
Perry DonFrancisco P Ì' A P P
Joe Dragon P A P A A i
Jeffrey Miller P T
P A A A ¡
Ross Licata p P P P Ip
I ¡
Pansy Coleman P A I
I ,
atten.doc
Charles Ridley has been attending meetings (January, February, March)
as an unofficial member.
I
KIDS AND COPS COMMITTEE
Jan Feb Mar Apr May Jun Jul Aug Sep Oet Nov Dee
Agartha Gragg I
A P P P Ip
Larry Kramer A P P A A
Barbara Brown A A A P P
Yvonne adorn P P P P P
Curt Lavarello P A A A A
~ ~
Ivan Retzignae A Z Z A A A A
t-I t-I
~ ~
Clyde Harris A ~ ~ A A A A
,;: ,;:
0 0
Rev. L.C. Johnson A z z A A A A
: Dan Burns A A A A A
Perry DonFrancisco P A -t") P A
1 Joe Dragon A A P A P
I
I Jeffrey Miller A P A P A
J Ross Licata P P A P P
I
atten.doc
I
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Agartha Gragg
8054 Rosemarie Avenue, West; Delray Beach, FL 33444
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Pine Grove El~mentary School; 400 S.W. 10th Street; Delray
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 369-8300 BUSINESS PHONE 243-1554
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Kids n Cops; Education Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING. OR HAVE PREVIOUSLY
SERVED (Pleas, include dates)
Kids and Cops
EDUCATIONAL QUALIFICATIONS Master of Science in Counseling
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
State of Florids Educator's License
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Pine Grove Elementary School Guidance Counselor 1987 - Present
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
My involvement with children
.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL tHE ABOVE STATEMENTS ARE TRUE J AND I AGREE AND'
UNDERSTAND THAT ANY MIS&TATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.j
a(j~~!ðd <¿CMv-P- <¡--d/~C¡<j
DATE
l./qn
,
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Pansy Coleman
3337 Avenue Villandry
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
S.D. Spady
.
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
BUSINESS PHONE 243-1558
HOME PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Kids and Cop~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING. OR HAVE PREVIOUSLY
SERVED (Pleas, include dates)
EDUCATIONAL QUALIFICATIONS F.lpmpnr~ry Tp~rhpr
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Teachin2Certification
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
workin~ with children
.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND·
UNDERSTAND THAT ANY MIS~TATEKENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY RECEIVE.
.J
SIGNATURE DATE
t./Q()
I
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
.. - ·0
~5Sf
~
~y J
(Street.
-
BUSINESS PHONE clý?3 /J-7~
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING K. d.s O-.r. d. ¡.4) f-<;
LIST ALL CITY BOARDS ON walCH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS~:; .()~ ,I Ih~
_l~ b~ ?L /O~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER,
r.u./6 ~ br\
-
.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF KATEl.IAL FACTS CONTAINED IN THIS APPLICA-
TION KAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I KAY RECEIVE.
~~j~. ~i'Af¡/J1)
,. Ion
,
CITY OF DELRAY BEACH
80ARD ~~~ER APPLICATION
~A."tE v~ ~lv()nT1P T. I")rnm
1905 Lawson 31vd. Delrav ~each, :la. , 33445
HOME ADDRESS (Sereet, Ciey, Zip Code) (tEGAL RESIDENCE)
301 So',;. '4t1.. \venue !;elray 2eac..'ï. Fla.. 33444
PR¡~C¡PAt BüS¡~ESS ADDRESS (Streee,. Ciey, Zip Code)
HOME PHONE ( 407) ~38-le94 8USINESS PHONE (407) 243-15€5 (7)
ON WHAT 80ARDS ARE YOU INTERESTED IN SERVING KI~S AN'] CC PS CO!~·rr'I'TI:!:
tIST ALL CITY 80ARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
KTns A'~ rnps ~r~~T~F.
EDUCATIONAL QUALIFICATIONS A.A ljF'r-R~ PAPA q1:"A(",.J .Tt'!JTnR mT T 1:"~F
BA T",r:r,REE 1:"LORIDA ATIÞJmC UNIV. MS DEGREE NOVA l.J1IIVERSI"!'Y
tIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
CS?:r:FIED ADMrUSTFATOR LI'ITLE LEAG-Tt: 3ASEPALL INC.
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION BCAPI) OF ?'.'PLIC
INS'rPUCI'ION ?AIl1 BEACH cæm ----ClASS?DOM TT".:.AC!-ŒR CA VF:R !lIDDLE SæOCL
DESCRIBE EXPERIENCES. SEILLS oa KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON tHIS
80ARD
DESIRE TO SERVE I Resident- 'I\æntv-six years
T'..~-m~ ~j.RS ClASSROOM EXPER~:CE/ Darticipant- telray Bc.).¡ Citizens
?ol~ce Academy
"':,,'!:ITY-ONE YEARS INVOLVED DJ YOtm1 AcrIVITIES/ current President ~lray .A..V. :"i.-
PLEASE ATTACH A BIIEF RESUMI.(provided upon request)
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AAE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATDŒNT OF MATDIAl FACTS CONTAINED IN tHIS APPLICA-
~Y CAUSE FOIllEttuU: U1'OII !It PUT or AllY Al'POIII'tIWIT I KAY RECEIVE.
/ / .
. / V
I , ~ ~arch 31, ~992
:., Þ " DATE
4/90
.,
4z . (-3/-r¿
CITY, OF DELRAY BEACH
BOARD MEMBER APPLICATrON
,.
"
, NAME Perry DonFrancisco
-.-.
HmlE ADDRESS (Street, City, Zip Code) (LEGAL RESrDENCE)
40 S.Ocean Blvd. Delray Beach, FL 33483
PRINClPAL BUSINESS ADDRESS (Street,. City, Zip Code)
HOME PHONE 276-9657 BUSINESS PHONE 278-3364
ON WHAT BOARDS ARE yOU INTERESTED IN SERVING Board of Adiustments
t
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL Y
SERVED (Please include dates)
Code Enforcement 1986 - 1991, Kids-and Cops 1991 - Present -
EDUCATIONAL QUALIFICATIONS BA University of Massachusetts, Amherst, ~.
Masters Worcester State College, Worcester, MA.
Ed. S.Florida Atlantic University, Bo~a Raton, FL.
\ ,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida Real Estate Salesman Licence
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION Owner ¡Operator
Boston's on the Beach, Inc.
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Having experienced 6 years on the Delrav Beach Code Enforcement
,
Board "ve me tremendous insight into the cities expectations
'.'(,"
both R~edural~ and philosophically for the future. Owning
. and, ~èrating a local business for 10 years has also given me
PLEASE ATTAC A BRIEF RESUME. a vested interest in our city.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT.OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE. FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.
"
.
~'M~~ ~ 7Q, I'~ 1-
SlGNATURE DATE
,
. 4/90
.,
Perry DonFrancisco Age - 38
40 S. Ocean Blvd. Married
Delr~y Beach, Fl. 33483 Two Children
( 407) 276-9657 Excellent Health
Bus. ( 407) 278-3364
Educational Back&£~~~:
1991 - Post-Licensure;Gold Coast School of Real Estate,Boca Raton, Fl.
1989 - Real Estate Salesman License;Gold Coast School, Boca Raton, Fl.
1983 - Completion of Doctoral Courses and Qualifying Exams
Florida Atlantic University, Boca Raton, Fl.
1981 - Ed.S. - Florida Atlantic University, Boca Raton, Fl.
1980 - Masters Degree - Worcester State College, Worcester, Mass.
1975 - B.A. - University of Massachusetts, Amherst, Mass.
~rofe~~io~al Bac~S!.<2un<i:
.
1988 - 33% Owner Boston's Inc. - Restaurant, Lounge, and Hotel
Operations and Real Estate
1986 - Vice President, Boston's Inc.
1985 - Partner - Salina Realty, Delray Beach, Fl.
1985 - Corporate Director - Boston's Inc.~ Worcester, Mass.
1984 - General Manager (Shareholder) - Boston's Restaurant
Delray Beach, Fl.
1982 - Floor Manager - Boston's Restaurant - Delray Beach, Fl.
1980 - 1982 ~ Doctoral Student - Stipend
Florida Atlantic University, Boca Raton, Fl.
1979 - Head Teacher (Principal) Mass. Migrant Program, Worcester, Mass.
1975 - 1980 - Public School Teacher/Coach - Worcester Public Schools
1971 - 1978 - Journeyman Ironworker - Local Union 57 - Worcester, Mass.
Awards :,:"
1991 - Re~Sible Vendor of the Year Award - State of Florida
District 10
1990 - Responsible Vendor Certification Award - Governor Martinez
Tallahassee, Fl.
1989 - Outstanding Support Award - Delray Bch Police Dept.
Delray Bch. Fl.
1987 - Co-Founder Delray Citizens Delray Police - D~~~~y Beach, Fl.
1981 - Ernest O. Melby Doctoral Assistantship, Boca Raton, Fl.
1980 - Charles S. Mott Doctoral Fellowship, Flint, Michigan
.
,
.
"
State Certifications: Massachusetts and Florida
Classroom Teacher, Mass.
High School Principal, Florida
Responsible Vendor~ Florida
Real Estate Salesman, Florida
Boards/Committees:
Code Enforcement Board Member, City of Delray Bch. Delray Bch., FL
-.
Crime Advisory Council, City of Delray ~ch., Delray Bch., FL 1988
Kids and Cops, Chairman, City of Delray Bch., Delray Bch., FL 19~
Organizations:
Florida Restaurant Association
Florida Association of Community Education .
Delray Beach Chamber of Commerce
DEL-PAC
Fraternal Order of Police Associate Member 1989
Delray Beach Board. of Realtors
Delray Citizens for Delray Police, President- CoFounder
Delray Boxing Club, Vice President/Treasurer
Delray Beach Holiday Toy Drive Committee, Chairman-Founder
. A
..... ~,~'O
.
"
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{Ï" \
SUBJECT: AGENDA ITEM i lð A - MEETING OF MAY 17. 1994
ORDINANCE NO. 19-94/DELRAY SWAP SHOP PROPERTIES
DATE: MAY 13, 1994
This is public hearing on an ordinance for Annexation, Small
Scale Land Use Plan Amendment from County CH/5 (Commercial High
Intensity-Residential equivalent of five units per acre) to a
City Future Land Use Designation of GC (General Commercial), and
Initial Zoning of GC (General Commercial) for the Delray Swap
Shop.
First reading on this ordinance was AprilS, 1994, and passed by
unanimous vote (5-0) of the Commission. All advertising and
notifications providing for annexation, zoning, and small scale
amendment have been completed as required.
Recommend approval of Ordinance No. 19-94 on second and final
reading.
,
.
C~~ 3 -0
(/lJlk¡o£--- fh:J:='/7-h n W )
-
,
I
--- - - - - ~- --- - --
ORDINANCE NO. 19-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED AT 2001 NORTH FEDERAL
HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID
LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE -
DATE. ,
WHEREAS, Drive-In Theaters of Florida, Inc. is the fee-simple
owner of a parcel of land located at 2001 North Federal Highway, as the
¡ same is more particularly described herein; and
I WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the City,
and has heretofore been authorized to annex lands in accordance with
Sections l71.044 and 171.046(2) (a) of the Florida Statutes; and
I WHEREAS, the subject property hereinafter described is
I contiguous to the corporate limits of the City of Delray Beach, Florida;
I
and
I WHEREAS, the subject property hereinafter described is
I presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-S (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-S (Commercial High Intensity with a residential equivalent of 5
uni ts/ acre) for the property hereinafter described; and
I
I
.
e .
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----_.-_._-_.~
; WHEREAS, the City's FLUM designation as initially contained on ,
,i the City's Future Land Use Map adopted in November, 1989, and as ;
: subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of I
this proceeding, and provisions of Land Development Regulations Chapter
, Two have been followed in establishing the proposed zoning designation.
I
'i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
: CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
I Section 1. That the City Commission of the City of Delray I
,I Beach, Palm Beach County, Florida, hereby annexes to said City the
'I following described land located in Palm Beach County, Florida, which
: lies contiguous to said City to-wit:
See Legal Description attached as Exhibit "A". _
.
The subject property is located on the east side of
North Federal Highway, at 2001 North Federal Highway;
and containing a 6.45 acre parcel of land, more or
less.
Section 2. That the boundaries of the City of Delray Beach,
;\ Florida, are hereby redefined to include therein the above-described
! tract of land and said land is hereby declared to be within the
I corporate limits of the City of Delray Beach, Florida.
! Section 3. That the land hereinabove described shall
:,1 immediately become subject to all of the franchises, privileges,
I immunities, debts, obligations, liabilities, ordinances and laws to
:¡ which lands in the City of Delray Beach are now or may be subjected,
I including the Stormwater Management Assessment levied by the City i
! pursuant to its ordinances and as required by Florida Statutes Chapter '
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as GC (General
Commercial) .
- 2 - Ord. No. 19-94
..
.
i Section 6. That the City of Delray Beach elects to make this I
I
small scale amendment by having only an adoption hearing, pursuant to
I Florida Statutes Section 163.3l87(1) (c)4. I
I
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General I
I
Commercial) as defined by existing ordinances of the City of Delray I
I
Beach. I
I
! Section 8. That all ordinances or parts of ordinances in
! conflict herewith be, and the same are hereby repealed.
! section or provision of this
Section 9. That should any I
ordinance or any portion thereof, any paragraph, sentence or word be I
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as -a
whole or part thereof other than the part declared to be invalid. ,
Section 10. That this ordinance shall become effective I
as I
follows: As to the annexation and zoning, immediately upon passage on I
second and final reading; as to the small scale land use plan amendment, I
the date a final order is issued by the Department of Community Affairs
or Administration Commission finding the amendment in compliance in
accordance with Section 163.3184, Florida Statutes, whichever occurs I
I earlier. No development orders, development permits, or land uses I
dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a
copy of which resolution shall be sent to the Department of Community
Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee,
Florida 32399-2100. I
¡ PASSED AND ADOPTED in regular session on second and final
I
i reading on this the day 0 f 1994.
! ,
i
I
I I
I
I
MAYOR
I ATTEST:
I
i
I City Clerk
First Reading
I Second Reading
I
- 3 - Ord. No. 19-94
,
,
;
i EXHIBIT "A" TO ORDINANCE NO. 19-94
i
I LEGAL DESCRIPTION
.! ¡
i
The South 403.25 feet of the Easterly 497.35 feet of
the West One-Half (W 1/2) of the Southwest One-Quarter
I (SW 1/4) of the Southeast One-Quarter (SE 1/4) and that
part of the South 403.40 feet of the Southeast
I
.! One-Quarter (SE 1/4) of the Southwest One-Quarter (SW
1/4) being the Northerly 128.66 feet of the Southerly
272.66 feet lying east of State Road 5 as in OR 2311,
Page 701, all in Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida;
I I
TOGETHER WITH ,
¡
That part of the Westerly 155.89 feet of the South -
403.4 feet of the West One-Half (W 1/2) of the ;
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) and the East 44.11 feet of the
Northerly 171.24 feet of the South 403.4 feet of the
Southeast One-Quarter (SE 1/4) of the Southwest
One-Quarter (SW 1/4) lying east of State Road 5, all in !
I Section 4, Township 46 South, Range 43 East, Palm Beach I
I r
I
County, Florida; ¡
,
TOGETHER WITH I
!
That part of the Westerly 166.40 feet of the South !
403.4 feet of the West One-Half (W 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) and the Easterly 131.42 feet of
the Southerly 144 feet of the Southeast One-Quarter (SE
1/4) of the Southwest One-Quarter (SW 1/4) lying east
of State Road 5, all in Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida.
!
I
- 4 - Ord. No. 19-94
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U _ ï · , I I I . DELRAY SWAP SHOP
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,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN
CITY. MANAGER ~
FROM: DIANE DOMINGUEZ ~¡þ.. \\J..I~/
DIRECTOR OF PLANNING AND ZONING
SUBJECT: SPECIAL MEETING OF APRIL 5, 1994
ANNEXATION, SMALL SCALE LAND USE PLAN AMENDMENT FROM
COUNTY CHIS (COMMERCIAL HIGH INTENSITY-RESIDENTIAL
EQUIVALENT OF 5 UNITS PER ACRE) TO A CITY FUTURE LAND USE
DESIGNATION OF GC (GENERAL COMMERCIAL), AND INITIAL ZONING
OF GC (GENERAL COMMERCIAL) FOR THE DELRAY SWAP SHOP
ACTION REQUESTED OF THE COMMISSION:
-
The action requested of the City Commission is that of'
approval on first reading of an ordinance annexing the Delray
Swap Shop, changing th~ Future Land Use designation from County
CH/5 to City GC (General Commercial), and applying an initial
zoning designation of GC (General Commercial).
The petition involves the Delray Swap Shop property, located
on the east side of North Federal Highway, north of Allen
Avenue.
B A C K G R 0 U N D:
On March 22, 1994, the County Commission approved an Interlocal
Agreement with the City of Delray Beach which called for the
annexation of the North Federal Highway Enclaves, in accordance with
provisions of Florida Statute 171.046. That same evening, the City
Commission approved on second reading the individual ordinances
annexing those properties.
Nei ther the agreement nor the ordinances included the Delray Swap
Shop property. The reason for its exclusion from those actions was
tha t the owner, Preston Henn, had indicated a desire to come into
the City voluntarily, by a separate agreement. Based upon his
stated intentions, staff worked to produc. an agreement that spelled
out the terms and conditions of the voluntary annexation. Several
meetings were held between City staff and Swap Shop representatives
to ensure that the agreement would be satisfactory to all parties.
On several occasions, staff asked that a signed voluntary annexation
petition be submitted, however, that petition was not forthcoming.
--
. .
City Commission Documentation
Annexation, FLUM Amendment, and Initial Zoning--Delray Swap Shop
Page 2
The Planning and Zoning Board considered the annexation, small scale
amendment, and initial zoning for the Delray Swap Shop at its
meeting of February 28, 1994, and recommended approval. Absent a
signed annexation petition, the item was not scheduled for City
Commission consideration.
In recent weeks, staff has had numerous conversations with Swap Shop
representatives regarding their intent10n to proceed. At the
request of their attorney, Roger Saberson, changes were made to the
agreement that deleted requirements for future improvements to
parking areas. Every reasonable attempt has been made to
accommodate their wishes.
During this legislative session, a bill has been pending that would
eliminate the enclave annexation provision. We have recently been
informed by lobbyist Kathy Daley that the bill has made progress and
may be passed soon. In light of that possibility, it is necessary
to proceed with the annexation of the Swap Shop under the enclave
provision, rather than as a voluntary action.
The City Attorney's Office is preparing an amended Interlocal-
Agreement for consideration by the County Commission that would
include the Delray Swap Shop property. First reading of the
ordinance providing for the annexation, zoning, and small scale
amendment may occur immediately. However, there are several
notification requirements that must be met prior to the second
reading of the ordinance. Those requirements necessitate a delay of
approximately 30 days before the second reading. If approved, the
second reading of the ordinance will be scheduled for the City
Commission meeting of May 17, 1994.
PRO J E C T DES C RIP T ION:
The subject property consists of three parcels comprising
approximately six and a half acres of land. The property contains
the Delray Swap Shop, which consists of merchant booths on the west
half, and parking on the east half of the site.
The property will be brought into the City with a zoning designation
of Ge, General Commercial, which allows flea markets as a
conditional us.. Thus, the swap shop will b. considered a
conforming conditional use. A concurrent small scale land use plan
amendment changing the designation from County CH/5 to City General
Commercial is also being processed. This property meets the
requirements for processing as a small scale amendment. For a full
analysis of this petition, see the attached Planning and Zoning
Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on the
annexation, Small Scale Land Use amendment and initial zoning of the
Delray Swap Shop at the regular meeting of February 28, 1994. There
were no comments from the public on this item. The Board
recommended approval by a vote of 7-0.
,
..
. , .
City commission Documentation
Annexations and Initial Zoning of the North Federal Enclaves
Page 3
R E COM MEN D E D ACT ION:
By motion, approve the annexation, Small Scale Land U.e Plan
amendment (from County CHIS to City GC), and initial zoninq to GC
(General Commercial) for the Delray Swap Shop property, baaed on
po.itive findinqa with reapect to LDR Section. 3.1.1 and 3.3.2,
and policies of the Comprehen.ive Plan, And on the recommendation
of the Planning and Zoning Board, and ba.ed upon the following
additional finding.:
That the property i. contiguou., rea.onably compact, and doe.
not create an enclave.
That .ervice. will be provided to the property in a manner
similar to other .imilar properties within the City.
Attachment:
* P&Z Staff Report & Documentation of 2/28/94 -
* Ordinance by others .
TICCSWAP.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [7" 1
SUBJECT: AGENDA ITEM i /C) B - MEETING OF MAY 17. 1994
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT
94-1/BLOOD'S HAMMOCK GROVES
DATE: MAY 13, 1994
This is public hearing for transmittal of a Future Land Use Plan
Map amendment which includes a change from County MR-5 (Medium
Residential-5 units per acre) to City Land Use designations of LD
(Low Density 39 acres), MD (Medium Density 40 acres), CC
(Commercial Core 10 acres) and OS (Open Space 4 acres) for
Blood's Hammock Grove located on the south side of Linton
Boulevard, east of Military Trail.
The 93 acre property is being processed as a part of the
Comprehensive Plan Amendment 94-1, transmitted to the State
Department of Community Affairs (DCA) for review.
Recommend transmittal of Future Land U3e Plan Map Amendment for
Blood's Hammock Grove properties.
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SIEMON, LARSEN & MARSH
Mizner Park
433 Plaza Real, Suite 339
Boca Raton, Florida 33432
DearOOm Staaion Telephone (401) 368-3808 Suite 3$()
47 Wnt Polk StrMC FlI:limile (401) 361-4008 19800 MII:AIÜI... Boulevard
Chicago. llJiDoÎa 60605. Irvine, California 9'2715
(312) 939-7117 April 26, 1994 (714) 752-1531
-'9~
4A C¢ì~
Mr. David Harden : C''Í''f" ':9,;>.9 ~<)
City Manager ~4~ ~
100 NW 1st Avenue 4/'1~ ~
Delray Beach, Florida 33444 Or
/)~
RE: ComDrehensive Plan Amendment for Blood's Hammock Groves~
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 aski!"lg 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,
I'- ;f¿ J (':;>¿.5)t~t/~c-f
Lee D. Einsweiler, AICP
Senior Planner
Authorized Representative
Norman Blood/Levitt Homes, Inc.
vbs:LDE
cc: Susan Ruby
Alison Hardee
Diane Dominquez
,
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"I"
"
~'-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~
. ·;J.IJ
THRU: DIANE DOMINGUEZ, RE OR
~TMENT5ING AND ZONING
~' .
.. .
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)
I 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), MD
(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 a. a part of
Comprehenaive Plan Amendment 94-1. The property is located
on the south side of Linton Boulevard ea.t of Military
Trail.
BACKGROUND:
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'. Planning
Area. The 110 acre Bloods Grove site was given advisory
designations a. follows: 40 acres Medium Density Residential,
39 acres Low Density Residential, 17 acre. 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 Chas. 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 Grov..
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 COlllllercial Core. This would have the effect of
limiting the int.nsity of allowable non-re.id.ntial u....
Regarding the road connection, staff note. that it i. 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 ev.nt that it is de.med 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
Military Trail 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 different 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-faaily 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 f&aily 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 2l 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 ~hat 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 MD (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 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 roadway; or
3. Planninq and Zoning Board recommendation:
A change from County MR-5 to City designations of 63
acres of LD (Low Density), 16 acres MD (Medium
Density) , 10 acres Transitional in the center 0 f 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-S to City
designations 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 roadway.
Attachment: --
* Planning and Zoning Board report
of April 18, 1994
* P&Z recommendation Land Use Map
a:bloccdoc.doc
.
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LAND USE PLAN I
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AMENDMENT I
.
-
PLANNING AND ~ONING BOARD
~ITY OF DELRAY BEACH --- SlAFF REPORT ---
MEETING DATE: April 18, 1994
AGENDA ITEM: V.C.
ITEM: Future Land Use ~ap Amendment Changing the FLl~ Designation from Count v ~-5
to the Following City Designations: OS, LDR, MDR & CC; for Blood's Ha~ock Groves
--
GENERAL DATA:
Own.r....................No~.. .lood
A9.nt....................Lee 11nawel1.~. AIC.
Sl.-oa, Lar... . MAr. a
Loc.tlon.................Soa~ .1de of Old Ge~town
1Ioed. 8011~ of L1ntoa
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Medlaa oeaalty ...1"ntl.1,
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county LAnd U.. Pl.n.......-5 (a..14.ntl.1, up to 5
\&Alt. pc.r .cr.)
Propos" Land U.. P1.a...aecoaflfa1'.tloD of the
.al.tlnt Clty advl.ory PLUM
cS..ltuUOU .
county lonlft4............AA (Atrlc:ult~.l ....~)
.ropo." lonln9..........SAD (Specl.1 ActlYltl..
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...ld.atl.1 - 'IC)
!xlltlng Land U..........A ponloa of .a .al.tln9
orang. troy. and ,.ck1n,
f.cility. .
Propo." Land U..........10 acre oran,. ,.ckln,
f.cl11ty an4 ...oclat" r.t.l1
y.. vlta future n.lghborhood
c~rcl.1 u.... .pproal..tely
21 .cre. of eultl-faal1y (250
unlt'l, approal..t.ly 51 acr.. of
.1ngle f&al1y d.tached (175 unit.)
and attached (200 unlt.), with
a 4 acr. h...oc:k pre.erv. ar.a.
Veter S.rvlc.............lal.tlaq 12- wat.r ..In ln
Old Ge~town Road rlght-of-
way. blaU", 10- w.tal' M111
111 Ll11tOIl Ioula.ard. lal.Un,
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Sewer S.rvlc.............la1.t1Df I- .ewer ..18 .aC'Vift9 'ir.
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, V.C.
I T E M B ! r 0 R E T H ! 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 (t.ow Density Residential 0-5
units per acre), MD (Medium Density Residential 5-12
units per acre) , CC (Commercial Core) and OS (Open
Space) i
* text change to the Commercial Core definition in the
Future Land Use Element of the Comprehensive Plan.
* locational chang. of the future City coll.ctor stre.t
currently proposed along the west border of the Bloods
Grove property.
Th. subject property is approximately 93 acr.s and represents
the balance of the Bloods Grove property after the recen:t
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 us. 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 a. follows: 40 acres Medium Density Residential,
39 acres Low Den.ity Residential, 17 acre. Community Facilities,
10 acres Commercial Core, and 4 acre. Open Space. The 17 acres
of Community Facilities was intended to accommodate a future
elementary school site, neighborhood park, and fir. station in
the southw..t portion of the City. On MoveaÞer 26, 1991 the
City annexed 1.808 of the 110 acres, at the northeast corner of
the property via Ordinance 76-91. Th. 1.808 acres consisted of
an ace... .a....nt as well as a temporary and p.rmanent fire
station .ite. The temporary fire station was placed on the site
while the permanent fire station was constructed. Fire station
# 5 has since be.n 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 Rep~
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 April 5, 1994. On April 8, 1994
the sale of the school site to Palm Beach County School Board
and the park site to the City was consummated.
A Land Use Map change for 93 acres (balance ot Bloods Grove)
from the County Land Use Map designation of MR-5 to the City LD
(Low Density), MD (Mediua Density), OS (Open Space), and CC
(Commercial Core) is now betore the Board. A concurrent
annexation and initial zoning request are being processed and
will be before the Board at a later meeting.
...
PRO J I C T D I S C RIP T I 0 H:
The land under conside=ation is the balance ot the Bloods Grove
commercial orange orchard operation. It is approximately 93
acres in area and is located south ot 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 "Comaaercial Core"
designation fro. the center of the site to the northeast corner
ot the sit. to cover the existing Blo~ operation. The reason
for this relocation of the commercial us.s is that the Bloods
will be ..intainint ownership of the 10 acre. and d.. ire to
continue the existing commercial operation.
The 83 acre balance of the sit. 1s 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 H INS 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 I 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 Rep<'"
Future Land Use ....,¡p Amendment
Page 3
Requested Land Use Desiqnations: 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 U.. Map De.ignation. , Land U..:
FLUN De.ignation.:
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 N/A --
East Low Res (1-5 du) LR-l Rea
South Low Res (1-5 du) , OS N/A
West Tr"~nsitional MR-5 Res
Actual Land U..:
Subject property: Commercial orange grove
Adjacent properties:
North Shadywoods (residential)
East Foxe Chase (residential) Subdivision, fire
station 'S,school sit. S, and future park
site
South Del Air subdivision and Del Air. golf course
West South County Professional Office center,
South County Mental Health Facility, and La
Casa subdivision.
Allowabl. Land U..a: 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 Tour ism) I 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.
P , z staff Repe'
Future Land Use ..wp Amendment
Page 4
Service and Concurrency Implication.: 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
previously considered. Thus, the ac~ of officially adopting the
City's "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 under the current MR-5 FLUM
designation would be 465 single family units generating .,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,.96 daily trip.. The
difference is an additional 3,846 daily trips. :
A traffic study was submitted and Linton Boulevard meet. 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.
While Linton Boulevard passed traffic concurrency the portion
between Military Trail east to Waterford Place required analysis
under a more detailed test (alternative Te.t 1). One portion
of the roadway, the intersection of Linton Boulevard and 1-95,
did not pa.. the alternative test.
An additional analysis was undertaken for this intersection
which esti_ted a reduced impact based upon traffic diversion
with the opening of the Congress Avenue/l-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 ..~p Amendment
Page 5
.
Land U.. 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 east and Del Aire to the south. The majority of the MD
(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 through the provision of pedestrian and bicycle
access, and landscape buffers.
--
While the residential Land Use designations are compatible with
the adjacent and sllrrounding land use designations this H._,
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 exten.aiv. and address
compatibility issues. The SAD requires approval of a specific
list of uses, which can only be modified by amending the SAD
orcHnance. 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 Cor. Desianation:
Although the comm.rcial 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 Us. Element of
the Comprehensive Plan. The following underlined changes to the
Commercial Core definition in the Comprehensive Plan are
proposed:
·
P , Z Staff RepC'
Future Land Use ....¡p Amendment
Page 6
commercial Core: This designation is applied to the
communi ty f S downtown areas. It can also be apÞlied to a
commercial component of a planned residential develo~ent,
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 us. plan can
be accommodated, it may b. 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 seet an alternative
designation that will ensure that the commercial u... 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 us. designation to the 10 acre
parcel. An SAD zoning could then be applied which would
incorporate the Bloods operation, as well as office and
commercial use. that are le.s intense than those permitted with
a Commercial Cor. de.ignation.
Implementation and Direction of the CoaDrehenaive Plan:
Parka and Recreation.
There are a few polici.. contained within the City' a adopted
Comprehensive Plan which give direction with respect to
providing specific facilitie. within the .outhw..t ar.a of the
City. The ANALYSIS portion of the Open Space and Recreation
Element id.ntifi.. the need to locate a park in the .outhwest
quadrant of the City. It specifically stat.. that "the .iting
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 at the City through recent
acquisition of the southwest park and provision ot 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.
,
P & Z Staff Repe
Future Land Use ....1p 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 softbal1 field, 1 volleyball
court.
* Improvements to Atlantic High School (lighting) 2
baseball diamonds and playing field.
TRAFrIC CIRCULATIONI
City Collector Aliqnment: The proposed PLUM 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 syste.. The relocation ha. no negative
effects on surrounding propertie.. 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 Aliqnment: During the processing of the
FLUM amendment for the school and park sit. a realignment of
Germantown Road wa. proposed. The realignment extended
Germantown Road w..t. through the Blood. .i te and then north to
Linton Boulevard at. Pal. rore.t Way. A temporary acce.. for the
school and park wa. proposed fro. the western extension of
Germantown Road north to intersect Linton Boulevard at right
angle. where Germantown currently ..et. Linton Boulevard. The
temporary ace... was to be removed with development of the
permanent alignm.nt. The existing traffic light at the
temporary acce.. 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 exten.ion of Germantown Road to the proposed spine
road (permanent alignment) is not provided. The reason tor 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 acce.. to the school, park and
commercial area.
·
P & Z Staff Rep'
Future Land Use ..cip Amendment
Page 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 unt~l 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 the
signalized intersection at Linton and Pal. 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 tn.
development.
R I V I I W B Y 0 T H IRS:
The land use amenctment request is not in a geographic area
requiring review by either the HPS (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 (Fox. Chase)
* Saul Weinburger, (Del Aire )
* Ji. Goggin (Country Lake Association)
* Shadywooda Homeowners Association.
* Spanish Wells Condo Association
* Gretchen Bacon, Oakmont Residential Assoc.
ASS E SSM E N TAN D 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
the following paragraphs. These include:
,
p , Z Staff Repe
Future Land Use ....ap Amendment
Page 9
Commercial Corel
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 fro. 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.
Aliqnment of Germantown Road I
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 .
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 1.e.
Germantown Road alignment; and compatibility of site specific
plans with adjacent existing land use types are to be resolved
at these stage..
A L T ! R N A T I V ! s:
A. Continue with direction.
B. Recommend approval of the FLUM designation change from
County MR-5 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-5 to City LD (Low Density), MD (Medium Density), _c
Transitional, and OS (Open Space); recommend no cha~;e to
the text of Commercial Core; and relocation of the City' 5
collector roadway subject to conditions;
p , z staff Repe
Future Land Use ..~p 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).
S TAr r R ! COM M ! 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 Mast~
Site and Development Plan and the adoption of a
Special Activities District.
pcSa.a1.u.b1.oocS
,
-
UI Verd.. ~ DoIray Tt c._ IffirriJ~
Palm Court . Holland
Prof. Plaza Linton (10 ac.)
Oaka
Square CP
I fløw
/
I
S. County Mental Health t.Ы
Walmart S__.
S. Cou"", Vacant
Prof. 0ffiCDa FOM Chase
Country lak.. Taheri
(35 ac.)
-
-
Church
oe LÞ«
...... :58 ....
8e1-AI,.. t.I)C
ð....
Del-Þ.Jre
Medium Dusity ResideatbJ (MD-R) 40 acres
Blood's Hammock Groves Low Deasity Resideatial (LD-R) 39 acres
Future Land Use Map Amendment Commercial Con (CC) 10 acres
With Schematic Roadway Network OpeD SpICe (OS) 4 acres
--
TOTAL ~ ~ -=- ., ~9J.\C _
,'. . \. - .- .
a~ .,: ~- - '- . lJ
PROPOSED LAND USES ..,4r' ....:....., l
MAR 24 199~
PLANNING & ZONING
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- - - - - - - - - - - FUTURE PAV{t.lENT -
CITY of DELRAY BEACH I
ENVIRONYENTAL SERVICES DEPARTMENT ~'" SCHOOL SITE ..~ II
C3' $Om mNTOK .1'DftJI. DlI.&if lid. ft.OlIh SS444 ACCESS ROAD j
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t"Jt !
SUBJECT: AGENDA ITEM i /0 c. - MEETING OF MAY 17. 1994
ORDINANCE NO. 27-94 REZONING & CONDITIONAL USE/FLORIDA
POWER AND LIGHT FACILITY
DATE: MAY 13, 1994
This is public hearing on an ordinance rezoning from PCC (Planned
Commerce Center) to CF (Community Facilities) and Conditional Use
for Florida Power and Light to establish a power transfer station
on a 2.826 acre parcel located south of Lake Ida Road, on the
west side of the CSX Railroad right-of-way.
First reading on this ordinance was May 3, 1994, and passed by
unanimous vote (5-0) of the Commission.
Recommend approval of Ordinance No. 27-94 on second and final
reading.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D T. HARDEN, CITY MANAGER
THRU:
FROM: 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).
s
ACTION REQUESTED OF THE COMMISSION:
The action reque~ted 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 building8 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.
,
·.
FPL Rezoning
City Commission May 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
(Standard~ for Rezoning), 2.4.5 (D) (5) (Rezoning Findings) and
policies of the Comprehensive Plan.
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Attachment:
* Site map.
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y:fplccdoc
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i ORDINANCE NO. 27-94
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC ( PLANNED" COMMERCE CENTER)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
I SAID LAND BEING LOCATED SOUTH OF LAKE I DA ROAD,- ON
t THE WEST SIDE OF THE CSX RAILROAD RIGHT-OF-WAY; AND
I AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
I PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
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'I AND AN EFFECTIVE DATE.
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WHEREAS, the property hereinafter described is shown on the I
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I Zoning District Map of the City of Delray Beach, Florida, dated I
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April, 1994, as being zoned PCC (Planned Commerce Center) District;
and i
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I WHEREAS, at its meeting of April 18, 1994, the Planning a~d
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r Zoning Board for the City of Delray Beach, as Local Planning Agency, I
reviewed this item and voted unanimously to recommend approval of the I
rezoning, based upon positive findings; and :
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
!
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
i Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
i amended to reflect a zoning classification of CF (Community
Facili ties) District for the following described property: I
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t I
I A portion of Lot 20, Block 1, of DELRAY SHORES, I
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I according to the Plat thereof recorded in Plat Book
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24-, Page 232, of the Public Records of Palm Beach
I CoUA~Y, 'lorida, said portion being more particularly I
i described aa follows: I
Commence at the northeast
t corner of said Lot 20, I
ì
i Block 1, said northeast corner being the intersection
t of the northwesterly right-of-way line of
I the CSX I
i (formerly Seaboard Airline) Railroad, with the
I 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
point of beginning; thence continue in a
! southwesterly direction along said right-of-way of
I CSX Railroad, a distance of 500 feet, to a point in
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the north right-of-way line of Lake Worth Drainage I
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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
i 240.39 feet; thence in a northeasterly direction of I
,
parallel to said westerly right-of-way line of CSX i
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
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The subject property is located south of Lake Ida I
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¡ Road, on the west side of the CSX Railroad I
right-of-way.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of t~e
City of Delray Beach, Florida, to conform with the provisions of I,
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances In
conflict herewith be, and the same are hereby repealed. I
I 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
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I decision shall not affect the validity of the remainder hereof as a I
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whole or part thereof other than the part declared to be invalid. I
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Section 5. That this ordinance shall become effective ten I
(10) days after its passage on second and final reading. I
PASSED AND, ADOPTED in regular session on second and final
I reading on thi. the day of , 1994.
MAYOR
ATTEST:
City Clerk )
j
First Reading
Second Reading
- 2 - Ord. No. 27-94
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PLANNING AND ZONING BOARD
l",ITY OF DELRAY BEAC·H --- STAFF REPORT --
MEETING CATE: April 18, 1994
AGENCA ITEM: V. A.
ITeM: Change of Zoning from PCC to CF & a Conditional Use Approval for an FPL Transformer
Facility, on a 2.8 Acre Parcel
GENERAL DATA:
awn.r....................Florida pow.r .nd Light, Inc.
Appl1c.nt................Jo..ph ~.~
Loc.t1on.................South of Lak. Ida Road, on th. w..t
sld. of th. CSS Ra1lroad r1ght-of-w.y.
Property 81&.............2.826 Acr..
C1ty Land V.. .lan·......Co...rc.
City loaing..............PCC (Planned C~rc. C.nt.r)
Propo.ed lon1ng..........CF (Comaun1ty raciI1~~..)
Adjac.nt Zoning.. North: PCC
E..t: MIC (M1x.d Indu.tr1al .nd Comm.rci.l)
South: MIC
W..t: PCC
Existing Land U..........Vacant
Proposed Land Us.........R.zoning to cr and Conditional Use
approval accommodat. an F.P.L.
sub-station.
Wat.r S.rv1c.............M/A
Sewer S.rvic.............M/A V.A.
I T I Ie B I 'OR I T H I lOA R D:
The action before the Board is that of making a recommendation
on a Rezoning from PCC (Planned Commence Center) to CP
(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 Regulation..
The property is locateå 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 a. ExhiDit "A". A full .ite plan will be required it
the rezoning and conditional use request. are approved.
I A C K Q R 0 U . D:
The property was owned by the City of Delray Beach until 1974.
In 1974 the City sold the property to PPL along with an acce..
easement parallel to the CSX railroad acro.. city owned
property. In Augu.t, 1991 the parcel was included a. part of a
develop.ent propo.al involving property bordered by Congre.. tp
the w..t, the CSX railroad to the ea.t, Lake Ida Ro.d to the
north and the LWDD district on the south. The development
proposal involveå cr.~tion of a recr.ation co.plex und.r an SAD
zoning d..ignation. Th. proposal included a land .w.p which
would have reconf igured the FPL holding., tying th_ into a
recreation complex which was to include tenni. facilitie., an
outside race tract, .iniature gulf, batting cage. etc. The
develop..nt propo.al wa. discus.ed before the City Co..i.sion in
October of 1991 at which time an unfavorable reaction wa. given.
No further action wa. taken on the propo.al and no other land
use activity baa occurred on the aite.
'.OJICIf D I I C . % , If % 0 .:
Th. .ite i. 123,100 aq. ft. or 2.82' acre. in .ize, and i.
currently vacan~. The site i. located i-..diately adjacent to
the CSI railroad, .outh of the City utility yard on the south
side o~ Lake Ida load. Acce.. i. provided via. ". wide access
ease_at. which runs along the ea.t border of the City utility
yard. Wooden fencea and storage mat.rial. exi.t within the 56'
access ...._nt are. and will need to be re.oved or relocated
with this develop.ent propo..l.
The rezoning request is fro. PCC (Planned Comm.rce C.nter) to CF
(CoDIIDunity Facility) . Th. Condi tional U.. requ..t b.for. the
Board is to establish an FPL power transf.r station on the site.
The facility will contain electrical switching equipment in a
screened fenced compound. No Þuildings are proposed.
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P&Z Staff Report
FPL Rezoning and Conditional Use
Page 2
Z 0 If I N a A If A L Y 5 I 5:
The subject parcel is currently zoned PCC (Planned Co_ere.
Center) and the requested change is to cr (Community Facility).
The surrounding zoning is PCC to the we.t and north, MIC (Mixed
Industrial and Commercial) to the south, and the CSX railroad
and fIC to the ea.t.
:
REQUIRED FINDINGS: (Chapter 3)
pur.uant to section 3.1.1 (Required rindingl), prior to the
approval of development applicationl, certain finding. mu.t
be made in a fora which i. part of the official record.
Thi. may be achieved through information on t.he
application, the staff report, or ainut... rinding. .nall
b. mad. by the body which ha. the authority to approve or
d.ny the d.v.lopm.nt application. Th... finding. relata to
the following four .r....
Future Land UI. MaD I Th. 'I.. or structur.. .u.t be allowed in
the loning dietrict .nd the loning di.trict .u.t be conei.t.n~
with the land u.. d..ignation.
The Futur. Land Us. Map d..ign.tion for the property is
"CollUD.rc.... The allowable zoning d..ign.tion. which are deemed
consi.tent with the Coma.rc. Land U.. d..ignation ar.:
- pce Planned Commerce Cent.r
- M...... Mixed Indu.trial and Commercial (cur~.nt zoning)
.....
- CF Co.-unity Faciliti..
The reque.ted zoning chang. i. froa PeC anned Coma.rce
Center) to cr (Co-.unity Faciliti..). Purlua to the purpo..
state.ent for cr zoning [S.ction 4.4.21(A»), ~ er district is
..
deemed coapatibl. with all land u.. d..igrwt1on. shown on the
Futur. Land U.. Map. Th. purpo.e state..nt ..y. further that CF
zoning is a .pecial purpo.e zone di.trict pri.-rily intended for
facilities which .erve public and ..-1-public purpo....
Pursuan& to Section 4.4.21(C)(12), within th. cr zoning di.trict
"Utility raciliti.." are allowed .. a Conditional Use. Th.
Conditional U.. action for this ite. i. occurring concurrently.
eoncurrenff' racilitie. which are provided by, or through, the
City .h. be provided to new develo~nt concurrent with
i.auance of a Certificate of Occup.ncy. The.e facilitie. .hall
be provided pur.uant to level. of servic. eatabli.hed within the
Compr.hen.ive Plan.
Th. stated purpo.. of rezoning the p !rcel i. to accollUDoc1a te a
power transfer station. As the dev.lopment proposal 1s for an
unmanned facility the us. will not have an impact on services
with respect to water, sewer, solid waste, park. and open space.
Concurr.ncy with r..pect to drainage i. better addr....d durinq
the site dev.lopment proc....
P¡Z Staff Report
FPL Rezoning and Conditional U..
Page 3
Pursuant to Section 2.4.5 CD) with all rezoning reque.t.,
traffic information i. required which addr..... the develop..nt
of the property under rea.onable inten.ity pur.uant to the
existinq zoning and the propo.ed zoning. The r.zon1ng and
establi.hment of the utility facility will re.ult in a net
reduction of trip. over the curr.nt PCC zoning d..ignation.
The "power tran.fer stat1on" will generate four v.h1cle trip.
per week on Lak. Ida Road a.sociated with u1nt.nanc. visits
conducted twic. weekly. Wh1l. Lake Ida Road i. curr.ntly over
capacity, traffic concurrency i. met aa th1. portion ot the La~e
Ida Road is eligible up to an add1t10nal 685 tr1p. per the 5'
rule. Thi. addit10nal 5' capac1ty was allocated to the roadway
a. it wa. over capacity at the ti.. ot adoption ot the County
Traffic Performance Ordinanc..
Con.i.t.ncy: complianc. with the perfor.anc. .tandarda ..t
forth in Section 3.3.2 (Standard. for ...onin9 Actiona) along
with the requ1red finding. in S.ct.ion 2...5 (D)(5) (Ie.onlng
rlndlng.) .hall b. the ba.i. upon which a fincUn9 of ov.rall
con.1.tenc:y i. to be ud.. Oth.r obj.ctive. and ,olici.. found
in the adopt.ed Compr.hen.ive Plan may be u.ed in ..JEilUJ of a
flndlng of overall eon.i.t.ncy.
Comprehen.ive Plan policie..
A review of the obj.ctiv.. and polie1e. of the adopted
Comprehena1ve Plan wa. conducted and the tollow1nC) applicable
obj.ct1ve and polici.. are noted:
Land U.e Ileunt Object.ive A-I: Vacant property .hall be
developed in a ..nner .0 that the future us. and 1ntena1ty 1.
appropriate and coaplie. in tera ot .oil, topographic, and
other applicabl. phy.ical con.iderations, i. coçli_nury to
adjacent land us.., and fulfills re..inin9 land u.. need8.
Th. propo.ed power tran.fer .tation fulfill. r...in1ng land
u.. needa.and i. not detrim.ntal to adjacent indu.trial or
pot.ent.ial office u....
Land U.. Il_t. 'olicy A-l.., "C~rc:e· Land U.. which
involv~ a a1& of light indu.trial, co...rc:ial u.e., and
re..arch and developaent are the mo.t needed land u.e. during
the city'. final .tag. of build-out. Thu., chang.. to the Land
U.. Map which dia1nl.h this land u.. are di.couraged.
While change. to the Land U.e Map are not propo.ed the
d.velopment. propo.al r.pre.ent. degelo~nt of Comm.rce
land with a non comm.rce u.e. However, the prov1sion of
the public facilities are needed to .upport future
developm.nt and further tho.. goal. a. outlined 1n the
following Objective 8-1 b.low.
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P&Z Staff Report
FPL Rezoning and Conditional Use
. Page 4
Land u.e Ile.ent Objective 8-11 New development shall not occur
upon land which is needed for pUblic facilitie. which are
necessary to support development within the community.
The proposed development is a public facility referred to 1n
this objective.
Section 3.3.2 Standard. Action. I Th. applicable
per ormance etan arde 0 and ot er policle. which
apply are a. follow.:
A) That a rezoning to other than cr within .tabl. re.idential
area. .hall b. danied. (Hou.ing Ile.ant A-2.4)
The subject parcel i. not located within a neighborhood
classified a. "stable" within the hou.inq el...nt of the
Comprehens1ve Plan. Additionally, the raque.t i. for a
rezoning to cr.
B) That the re.oning .hall re.ult 1n allowing land u... whic~
are dee.eeI compatible with adjacent and nearby land u.e
both e.i.ting and propo.ed, or that if an inco8Patibility
uy occur, that cuff1ciant regulation. a.i.t to properly
mitigate adver.. i.pact. from the new u...
The cr zoning i. being sought to accommodat. a utility power
transfer station which is allowed a. . Conditional U.e.
Site specific compatibility of the utility facility with
the adjacent u.e. will be enhanced through the in.tallation
of tre.. 30' on center and hedge ..terial around the
perimeter of the .ita.
LDR COMPLIANCE:
Section 2.4.5{D}(5} (Rezoninq Flndinq.):
pur.uant to lection 2.4.5(D)(1) (rindin..), in addition to
provi.iou of Sect.ion 3.1.1, the City CClat..ioft ...t uke a
finding that. the r..oning fulfill. on. of the ~a.ou for which
the re.oainl change i. being .ought. The.. r...one include the
fol, lowiftfJ
a. That the loning had previou.ly been changed, or wa.
originally e.tabli.hed, in arror,
b. That there ha. been a change in c:ircwutance. which
make the current zoning inappropriate,
P&Z Statt Report
FPL Rezoning and Conditional Use
Page 5
c. That the requelted zoning il of limilar intenlity ae
allowed under the Future Land Ule Kap and that it i.
aaore appropriate for the property baled upon
circwutancel particular to the lite and/or
neighborhood.
The applicant submitted the following justification statement
citing reason. (c) above;
"Future Land Use is designated commerce. COllUDunity Facility
is compatible with this designation, there tore , an
electrical substation (power transter station) is
appropriate for this particular site and/or neighborhood",
The cr zoning designation i. of similar inten.ity a. PeC and is
allowed under the Commerce Land Use de.ignation. Thi. site is
more appropriate for this facility given the location of the
high power tran.ai..ion lin.. and the service need. of the
surrounding community,
CO. D 1 T 1 0 . A L U S I A I A L , S I I:
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The conditional ule requelt il to eltablilh a "power tranlfer
station" within the cr district. The surrounding land u.e. are
vacant to the we.t and ea.t, C1ty utility yard to the north, and
an indu.trial warehou.e to the louth.
UQUIRlD PII1DI1fGI: (Chapter 3)
Purluant to Section 3.1.1 (Required rinding.), prior to the
approval of developaent appl1cations, certain f1nd1ng. mUlt
be ..de in a fora wh1ch 11 part of the off1cial record.
This ..y be ach1eved through infoJ:IIAt10n on the
appl1cat10n, the Itaff report, or a1nute.. f1ndin,. Ihall
be ..de by the body which ha. the authority to approve or
deny the d...lo~nt app11cation. The.e findings relate to
the followiAf four areas, rutue Land U.e Map,
Co~ency, C~t1b1lity, and COIIpliance with Land
Dewel~ftt legulation.. rindin,. relating to ruture Land
U.. _ aDd Concurrency are dilCUI.ecI under the .onin,
aaa1,.i. lect10n of the report.
Con.i.tencya Coapliance with the perfoJ:IIAnce Itandardl .et
forth in Section 2.4.5(1)(5) (Condit10nal U.e r1ndin,.) Ihall be
the bali. upon which a finding of overall con.1ltency i. to be
made. Other objective. and policies found in the adopted
Comprehen.ive Plan may be u.ed in the makin, of a finding at
overall conliltency.
A revie" of objectives and policies of the adopted Comprehensive
Plan wal conducted and dilcussed under the zoning analysis
section ot the statf report.
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P&Z Staff Report
. FPL Rezoning and Conditional Use
Page 6 -
Section 2.4.5(1)(5) (Standard. for Conditional U.. Action.):
pur.uant toO Section 2.4.5(1)(5) (rinding.) in addition to
provi.ion. of Section 3.1.1, the City Co_i..ion mu.t uke
finding. that ..tabli.hing the Conditional U.e will not I
A. Have a significantly detrimentai effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby propertie..
This site is bordered by the CSX railroad and 1-95 to the east,
an industrial u.e to the south, vacant PCC zoned property to the
west, and a City utility storage yard to the north. The
establistuaent ot the power transfer station will not have a
significantly detrimental ettect upon the .ta1)ility of the
neighborhood nor will it hinder develos-ent of nearby
propertie.. The provi.ion of this tacility w111 prov1de a
needed ut1lity service tor future develop.ent 1n the area. s
Compliance with Land Develoøm.nt ReGUlations:
If the rezoning and conditional use request is approved a full
site plan submittal and approval by the Site 'lan and Appearance
Board w1ll be required. At that stage the following it... must
be addressed;
Intry Drivel
Th. .ntry drive is proposed acro.. a larg. ftale on the south
side of Lak. Ida Road. Engineering plans aust be s~tted and
th... plana .hould be coordinated with 'ala Beach County Lake
Ida widening plana for 94/95.
Sidewalaa
Pursuant to Section I.l.3(A) lidewalk1 are required .10ng Lake
Id. RoM for . portion of the 51' acee.. ......nt area.
However, a. .idewalk. are propo.ed with the widening of Lake Ida
Road in 94/95 the.. lidewalk segment. need not be provided by
this development.
R I V I I 1f 8 Y o '1' H I R II
This proposal is not located in a geographic area requiring
review by either the HPB (Hi.toric Pre.ervation Board) , DCA
(Downtown Development Authority) or the CRA (COmmunity
Redevelopment Agency).
.
P'Z Statt Report
FPL Rezoning and Conditional Use
Page 7
It the Rezoning and Conditional U.e request. are approved, a
site plan must be submitted for review by the Site Plan Review
and Appearance Board. The site i. to be generally con.i.tent
with the sketch plan and any condition. of Conditional U.e
approval.
NeiqhÞorhood Notice: .
Formal public notice has been provided to property owner. within
a 500' radius of the subject property. A courte.y notice has
been sent to Helen Coopersmith (PROD), Art Jackel (United
Property Owners) and Jean Miner (Delray Beach Coun.el of
COlDIDunitie.).
AS' I 8 S MI. T A. D CO. C L U I I 0 . .,
Thi. development proposal i. appropriate given the location of
the tran..i..ion line. and the service need. of the co-.unity.
Locating the power transfer station at this site a1ni~a..
expo.ure to Lake Ida Road and Congress Avenue and utilize. a
sit. which i. abutted by les. de.irable u.e. 1-", CSX railroad
and industrial u....
A L T I R . A T I V I C 0 U R I I I 0' ACT I 0 . S:
A. Continue with direction.
B. Reco..end approval of the Conditional U.e and Rezoning with
conditione.
C. Reco_end denial of the Rezoning and Conditional U.e
reque.ts baaed upon a failure to make poaitive finding..
. . T A " R I COM MI. D A T I 0 .,
Reco_end approval of:
· the Rezoning reque.t trom PCC to cr based upon positive
findings with re.pect 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 Comprehensive
Plan; and
.
P&Z Staff Report
FPL Rezoning and conditional Use
Page 8
* the Conditional Use request based upon positive finding.
with respect to Section 3.1.1 and Section 2.4.5(1)(5)
(conditional Us. Finding) and polici.. of the
comprehensive plan subject to the following conditions;
1- submittal of a site plan, landscap. plan and
Engineering plans in general conformity
with the accompanying sketch plan.
Report prepared by Paul Dorling, Senior planner
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARD~N, CITY MANAGER
~~ ~\N~
THRU: DIANE DOMINGUEZ, DIREC OR
DEPARTMENT OF PLANNING ZONING
~t1Mß ~
FROM: PAUL DORLING, P NCIPAL PLANNER
SUBJECT: MEETING OF MAY 17, 1994
APPROVAL OF A CONDITIONAL USE REQUEST TO ESTABLISH A
POWER TRANSFER STATION AT LAKE IDA ROAD AND CONGRESS
AVENUE.
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ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to establish an
FPL power transfer station on 2.86 acres.
The project is located on the south side of Lake Ida Road
east of Congress Avenue immediately west of the CSX
railroad.
BACKGROUND:
The Conditional Use request involves the construction of a power
transfer station. The site is 123,100 sq.ft. or 2.826 acres in
size, and currently vacant. 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'
wide access easement which runs south from Lake Ida Road along
the east border of the City Utility yard. Wooden fences and
storage material exist within the 56' access easement area and
will need to be removed or relocated with this development
proposal.
The power transfer station will contain electrical switching
equipment (maximum height of approximately 20') in a screened
and fenced compound. No buildings are proposed.
A rezoning from PCC (Planned Commerce Center) to CF (Community
Facilities) was considered at first reading by the City
Commission on May 3, 1994 and is being considered for second
reading concurrent with the conditional use request.
/o.C..I.
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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.
The Planning and Zoning Board recommended approval of the
Conditional Use request on a unanimous (7-0) vote.
RECOMMENDED ACTION:
By motion, approve of the the conditional use request based upon
positive findings with respect to Section 3.1.l and Section
2.4.5 (E) (5) (Conditional Use Findings) and policies of the
Comprehensive Plan subject to the following condition;
* Submittal of a site plan, landscape plan and engineering
plans in general conformity with the accompanying sketch
plan.
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Attachment:
* Location Map
y:/fmtdocs/cc-cond.doc
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FLORIDA POWER & LIGHT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (I"' \
SUBJECT: AGENDA ITEM i 10 J) - MEETING OF MAY 17. 1994
ORDINANCE NO. 28-94 AMENDING THE LDR'S REPAIR AND
MAINTENANCE PROVISIONS TO NONCONFORMING USES
DATE: MAY 13, 1994
This is public hearing on an ordinance amending the Land
Development Regulations to increase the maximum amount to be
expended on repairs to nonconforming structures.
On April 19, 1994 the City Commission considered Ordinance No.
24-94 which would have increased the amount that could be expen-
ded on repairs to nonconforming structures from 10 percent to 25
percent. 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 28-94 represents the revised amendment. It retains the
- existing 10 percent limit on the amount that can be expended on
normal maintenance and repairs, but allows for an additional
expenditure of up to 15 percent 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.
First reading on this revised ordinance was May 3, 1994, and
passed by unanimous vote (5-0) of the Commission.
Recommend approval of Ordinance No. 28-94 on second and final
reading.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER ~ ~
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FROM: DIANE DOMINGUEZ, . \, r
DIRECTOR OF PLANNING & ZONING 'k\..ÒJJ\Y-- N\\' J~
SUBJECT: MEETING OF MAY 3, 1994
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 la' 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 la' 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
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. 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
exceed 10\ of the current replacement cost of the structure in
any l2 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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¡ ORDINANCE NO. 28-94 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, AMENDING ARTICLE 1. 3,
"NONCONFORMING USES, LOT S , AND -STRUCTURES", SECTION
1.3.6, "REPAIRS AND MAINTENANCE" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE
RESTRICTIONS FOR THE REPAIR AND MAINTENANCE OF
NONCONFORMING STRUCTURES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE. !
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i Section 1.1. 6, the Planning
, WHEREAS, pursuant to LDR and
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I Zoning Board reviewed the subject matter at its meeting of April 18, ,
1994, and has forwarded the change with a recommendation of approval;
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WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the i
1 Planning and Zoning Board, sitting as the Local Planning Agency, has i
determined that the change is consistent with, and furthers the I
objectives and policies of, the Comprehensive Plan. :
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter One, "General Provisions", Article
1. 3, "Nonconforming Uses, Lots, and Structures", Section 1.3.6,
"Repairs and Maintenance", 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 1.3.6 Repairs and Maintenance: I
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(A) On any nonconforming structure or on a structure I
containinc¡ a nonconforming use, work may be done on ordinary
repairs, or on repair or replacement of fixtures, nonbearing ,
I
walls, plu.binq, or wiring, provided the repair work does not ,
exceed lOt 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 I
I nonconforminq structure or a structure containinq a nonconforming
use, provided the modifications do not exceed 15' of the current I
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 I
shall not be rebuilt, repaired, . or restored, except in I
conformance with the requirements for the zoning district in I
which it is located.
(C) Nothing herein shall prevent the strengthening or I
restoring to a safe condition, any building or part thereof
i declared to be unsafe by the Chief Building Official.
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I Section 2. That all ordinances or parts of ordinances in
, conflict herewith be, and the same are hereby repealed.
I
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Section 3. That should any section or provision of this
ordinance or any pOJ:tion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
I
,I whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
I immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
'I reading on this the day of , 1994.
i MAYOR
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:1 ATTEST:
I City Clerk
,/
! First Readinq
I Second Reading
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- 2 - Ord. No. 28-94
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[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW Is! AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 11, 1994
TO: David Harden, City Manager
Diane Dominguez, Director of Planning and Zoning
FROM: Susan A. Ruby, City Attorney
SUBJECT: Koch House - Historic Desiqnation
There was a scrivener's error in the legal description in the
original Ordinance No. l62-88 which designated the Koch house
as a historic building. Lot 22 should not have been included.
Pat Cayce, Historic Preservation Planner, has confirmed that a
scrivener's error was made.
Recently, our office was contacted by ~indy Van Buskirk, Legal
Assistant for Alan J. Werksman, Esq. who pointed out the error
which impacted the closing of the adjacent property (Lot 22).
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In order to correct the error, I have drafted the attached
ordinance which should be recorded to clear up any title
irregularities or confusion.
Please call if you have any questions. Please place this
ord' ance on the City Commission's agenda for consideration.
Attachment
cc: Pat Cayce, Historic Preservation Planner
koch2.sar
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ORDINANCE NO. 29-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ORDINANCE 162-88
WHICH DESIGNATED THE KOCH HOUS~ LOCATED AT 777 NORTH
OCEAN BOULEVARD, LOT 21 AND LOT 22 OF BLOCK D, PALM
BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE
38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS A HISTORIC BUILDING; AND ENACTING THIS
ORDINANCE TO PROVIDE A CORRECTED LEGAL DESCRIPTION
SHOWING THE DESIGNATION AS LOT 21 ONLY; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at a meeting held on
November 29, 1988, unanimously recommended the designation of the Koch
House as a historic building; and,
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WHEREAS, the City Commission of the City of Delray Beach
passed on second reading on January 10, 1989, Ordinance No. 162-88 which
accepted and designated the Koch House as a historic building; and,
WHEREAS, the legal description contained within Section 1 of
Ordinance 162-88 included Lot 22 and Lot 21 of Block D, Palm Beach Shore
Acres, as recorded in Plat Book 7, Page 38 of the Public Records of Palm
Beach County, Florida; and,
WHEREAS, the correct legal description for the Koch House is
Lot 21 of Block D, Palm Beach Shore Acres, as recorded in Plat Book 7,
Page 38 of the Public Records of Palm Beach County, Florida; and,
WHEREAS, the City Commission desires to correct the
scrivener's error by deleting all references to Lot 22.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Ordinance 162-88 is hereby repealed and
this ordinance is enacted to read as follows:
That the following described building in the City of Delray
Beach, Florida is hereby designated as a historic building:
The Koch House, 777 North Ocean Boulevard, located on Lot 21,
Block D, Palm Beach Shore Acres as recorded in Plat Book 7,
Page 38, of the Public Records of Palm Beach County, Florida.
Section 2. That the Planning Director of the City of the City
of Delray Beach, Florida, shall upon the effective date of this
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ordinance, amend the Zoning Map of Delray Beach, Florida, to show, in an
overlay manner, the above designation.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are he~eby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon
passage upon second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
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MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
1.1 ORD. NO.
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF MAY 17, 1994
11. B. Comments and Inquiries on Non-Agenda Items from
the Public- Immediately following Public Hearings.
l1.B.1. Carolyn Young. 15112 Tall Oak Avenue, stated that
a Police Officer had called her on Saturday morning at 6:45 A.M.
She felt that it was very inappropriate to call at such an early
hour since it was not considered as an emergency. She further
stated that the Officer informed her that the Police Department
had been trying to contact her in order to be able to enter one
of her rental units which is located at 110 S.W. 6th Avenue.
The Officer alleged that there may be illegal activities being
conducted on her property. Also, that Code Enforcement was
unsuccessful in contacting her regarding potential code
violations. Ms. Young pointed out that she is well known to
City personnel and emphasized the fact that she could have been
contacted at her place of business or via mail.
11.B.2. George English, 909 West Atlantic Avenue, stated
that he is a member of VISIONS West Atlantic Avenue committee
and reported that the committee feels that parking should remain
on West Atlantic Avenue. He pointed out that businesses which
are located on West Atlantic Avenue are suffering financially
since the new "No Parking" signs were installed. Also, that the
signs which are located within the 600 and 1000 blocks have
certain time limitations with special hours allocated for
individual businesses on these particular blocks. Mr. English
felt that the 900 block in particular was being penalized.
11.B.3. Andre Leroy Andrews. 618 S.W. 6th Avenue, voiced
his personal opinion regarding comments expressed previously by
Mr. English. He emphasized that he wants to see drug activity
and loitering along West Atlantic Avenue ceased; however, he
felt there should not be any interference from City officials or
City staff. He felt that innocent people were needlessly being
forced away from businesses in this particular section of the
City. He added that he personally was aware of individuals who
had received parking tickets and/or had their vehicles towed
along West Atlantic Avenue. He felt that the business owners in
this area of town should be treated the same as business owners
which are located east of Swinton Avenue. Mr. Andrews suggested
that the City Commission hold a special workshop with the owners
of businesses along West Atlantic Avenue in order to try to
resolve this issue.
11.B.4. Daniel Wright. 106 N.W. 12th Avenue, pointed out
that individuals in the audience who wished to address the
Commission on their personal topics should be gi~en more time to
voice their concerns. He compared the length of time which was
extended for the Blood's project to the public comments portion
of the agenda. Mr. Wright made reference to the fact that the
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Mayor was not present for this portion of the agenda since he
had left the meeting early. He commented that individuals in
the audience who wished to address the Commission felt slighted.
11.B.5. Jonathan Green, owner of a business located at
1005 South Congress Avenue, stated that he had been burglarized
twice during the past two weeks. He felt that the majority of
police security is being concentrated in the West Atlantic
.Avenue area leaving insufficient police coverage for the
remainder of the City.
1.h Comments and Inquiries on Non-Agenda Items.
13.A. Commission. There were no comments nor inquiries
made by Commission Members.
13.B. City Attorney.
The City Attorney reported that there may be an
ordinance passed in the near future by the Board of County
Commissioners which would levy certain fees which relate to
Wellfield Protection. A draft resolution has been forwarded to
the City Attorney's Office and will be placed on the
Commission's next regular meeting agenda.
13.C. City Manager - No comments.
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