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09-27-94 Regular OUR.\,\ BE'\'(H " . ~ CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING SEPTEMBER 27. 1994 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. "II" COMMISSION CHAMBERS The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or acti- vity conducted by the City. Please contact Doug Randolph 243-7127 (voice) , or 243-7199 (TDD) , 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices available for meetings in the Commission Chamber. RULES FOR PUBLIC PARTICIPATION l. 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. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may wi thhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2 . SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. . , 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 A. Roll Call. /2. Invocation. 13. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. J 5. Approval of Minutes: Special Meeting of September 20, 1994 6. Proclamations: ~. Free Sons of Israel Week - October 31 to November 6, 1994 B. Alzheimer's Disease Awareness Month - November, 1994 C. National Arts and Humanities Month - November, 1994 .. Recognizing the October 1, 1994 Installation of the South Palm Beach County Chapter of Jack and Jill of America, Incorporated 7. Presentations: JA. RESOLUTION NO. 80-94: A resolution recognizing and commending Edward E. Foster for 25 years of dedicated service to the City of Delray Beach. /_. A Children's Charter - Maureen Hudson, Palm Beach County Community Action Council 8. Consent Agenda: City Manager recommends approval. A. TRAINING AGREEMENT WITH PALM BEACH COUNTY: Approve renewal of the training agreement between the School District of Palm Beach County and the City, for the period July 1, 1994 through June 30, 1995. B. INITIATION OF ANNEXATION AND FUTURE LAND USE MAP AMENDMENT: Initiate the annexation with initial zoning of R-1-AA (Single Family Residential) District and Future Land Use Map amendment from County MR-5 (Medium Residential/5 units per acre) to City -2- . . Low Density (0-5 units per acre) , for a 0.51 acre parcel of land located on the east side of Swinton Avenue, south of Tangerine Trail (extended) and just north of N.W. 22nd Street. C. REQUEST FOR FEE WAIVER/ST. PAUL'S A.M.E. CHURCH: Approve a request to waive the rezoning application fee for St. Paul's A.M.E. Church on N.W. 5th Avenue, pursuant to LDR Section 2.4.3(K) (7) (b). D. ACCEPTANCE OF EASEMENT DEED/LINTON OFFICE PARK: Accept an easement deed for a sanitary sewer extension associated with Linton Office Park, located on the south side of Linton Boulevard just east of the Linton Oaks Square commercial development (Boca Rey Plaza) . ~ CONTRACT EXTENSION/VULCAN PEROXIDATION SYSTEMS, INC.: Approve Ch\j~ . Modification No. 5 to the Agreement with Vulcan pe~ation (1 Systems, Inc. to extend the agreement until Decernbe 31 1994, (d'tJ,JR ~~~\ so that Vulcan can continue to supply odor abatement c emicals Ulf \~\ to the City while the service is being rebid. F. REQUEST FOR FINAL PAYMENT/MOCK. ROOS & ASSOCIATES. INC. : Approve final payment under Service Authorization No. 1 in the amount of $7,339.84 to Mock, Roos & Associates, Inc. for consulting services in the preparation of the Stormwater Master Plan; with funding from Stormwater Utility Fund - Master Plan (Account No. 448-5411-538-62.12) . G. J CHANGE ORDER NO.' 1 AND FINAL PAYMENT/JOHNSON-DAVIS. INC. : Approve deduct Change Order No. 1 in the amount of $1,750.10 and time extension of 71 calendar days, and a request for final payment (inclusive of the change order) in the amount of $11,741.39 to Johnson-Davis, Inc. for completion of their work , on the S.W. 7th Avenue Roadway & Utility Construction project; with funding from Water and Sewer Renewal & Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84) . H. RESOLUTION NO. 78-94: Approve a resolution assessing costs for abatement action required to remove nuisances on 23 properties throughout the City. 1. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to Chemical Lime Company for bulk quicklime, at an estimated annual cost of $225,659.77 via City of Boynton Beach Co-op Bid #041-134-94/CJD, with funding from Water Treatment and Storage (Account No. 441-5122-536- 52.21). 2. Bid Award - to Liquid Carbonic for CO2, Carbon Dioxide, at an estimated annual cost of $63,104.00 via City of West Palm Beach Bid #83/83-94, with funding from Water Treatment and Storage (Account No. 441-5122-536-52.21) . 3. Contract Award - to Kent Meters, Inc. for water meters, at an estimated annual cost of $51,430.00 via Broward -3- , , County's Bid #C-07-93-27-12, with funding from Water Meter Replacement Program (Account No. 442-5178-536-61.81) . 4. Contract Award - to various vendors for chamicals and fertilizers, at an estimated annual cost of $123,935.45 via Palm Beach County Co-op Bid #94-73. Funding in the amount of $90,679.25 is available from Golf Course - Gardening Supplies (Account No. 445-4714-572.52-26) ; and $33,256.20 from Parks - Gardening Supplies (Account No. 001-4131-572.52-26) . 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the. Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period September 12 through September 23, 1994. B. AMENDMENT NO. 2/RAMBLIN' ROSE RIVERBOAT. INC. LICENSE AGREEMENT: Consider Amendment No. 2 to the License Agreement with the Ramblin' Rose Riverboat. C. RELOCATION OF DELRAY DEPOT TO WORTHING PARK: Determine whether Worthing Park should be considered as a possible site to relocate the Delray FEC Depot building for use as a tourist information center. @ REQUEST FOR ASSISTANCE/ROOTS CULTURAL FESTIVAL, INC. : Consider a request to assist with funding a paid staff person to coordinate the 1995 Roots Cultural Festival. E. REQUEST FOR DIRECTION/CATHERINE STRONG CENTER: Provide direction on the sublease and/or conveyance of the Catherine Strong Center with respect to the Boys and Girls Club. F. CHANGE ORDER NO. 3/ALL-RITE PAVING CONTRACTORS, INC.: Consider Change Order No. 3 in the estimated amount of $61,792.50 and 14 additional calendar days, with All-Rite Paving Contractors, Inc. for stormwater drainage S.W. 10th Street from S.W. 4 Avenue to S.W. 2 Avenue, with funding from Storrnwater Utility - S.W. lOth Street Congress to Federal (Account No. 448-5411- 538-62.42) . G. APPOINTMENT OF AN ALTERNATE MEMBER TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint an alternate member (neutral) to the Public Employees Relations Commission ( PERC) to fill an unexpired term ending June 26, 1998. H. APPOINTMENT OF TWO MEMBERS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint two members (13 to 19 years of age) to the Pompey Park Advisory Committee. 1. RATIFICATION OF MEMBERS/KIDS AND COPS COMMITTEE: Consider ratifying the appointment of two new members to the Kids and Cops Committee. -4- . J. RATIFICATION OF NEW APPOINTEES TO THE OLD SCHOOL SOUARE BOARD OF DIRECTORS: Consider ratifying new appointees to the Old School Square Board of Directors to serve a provisional one year term for 1994/95. K. APPOINTMENTS TO THE OCCUPATIONAL LICENSE EOUITY STUDY COMMISSION: Consider appointment of one regular and two alternate members to the Occupational License Equity Study Commission. L. APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Consider the appointment of Brian Shutt as Assistant City Attorney I, to be effective October 10, 1994. M. EMPLOYMENT AGREEMENT/CITY ATTORNEY: Consider an Employment Agreement between the City of Delray Beach and Susan A. Ruby. N. SALARY REVIEW/CITY ATTORNEY: O. SALARY REVIEW/CITY MANAGER: 10. Public Hearings: A. RESOLUTION NO. 75-94: A resolution levying a tax on all properties within the City for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 1994/95. B. RESOLUTION NO. 76-94: A resolution levying a tax on all properties wi thin the Downtown Development Authority Taxing District for FY 1994/95. C. RESOLUTION NO. 77-94: A resolution making appropriations of sums of money for all necessary expenditures of the City for the period October 1, 1994, through September 30, 1995. l. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM: Approve the Five Year Capital Improvement Program for Fiscal Years 1994/95 through 1998/99. @ ORDINANCE NO. 73-94: An ordinance amending Chapter 51, "Garbage and Trash" , Section 51. 70, "Regular Charges Levied" , of the City's Code, to provide for changes to the rates charged for garbage, recycling and trash services, and for other purposes. @ ORDINANCE NO. 70-94: An ordinance amending Section 71.060, "Parking Meter Permits" , of the City's Code to provide that only City residents may obtain a parking permit, establishing an annual fee for the permit, and providing for the transfer of a permit and issuance of a substitute sticker to a permit holder for a substitute vehicle. -IF. ORDINANCE NO. 68-94: An ordinance designating the Milton-Myers Post No. 65, The American Legion of the United States, located at 263 N.E. 5th Avenue, as a Local Historic Site. -5- . . ~ ORDINANCE NO. 67-94: An ordinance rezoning Lake Ida Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. The subject property is located on the north side of Lake Ida Road, between Interstate-95 and Lake Ida, and contains 46.51 acres. ~ ORDINANCE NO. 69-94: An ordinance amending Chapter 70, "Traffic Regulations", of the City's Code by enacting Section 70.03, "Combat Automobile Theft Program", to provide for the administration of the program and an administrative fee. ..;i. ORDINANCE NO. 66 - 94: An ordinance rezoning eleven parcels located within The Hamlet development from R-1-A (Single Family Residential) District and RM (Medium Density Residential) District to OS (Open Space) District. The subject property is located west of Homewood Boulevard on the south side of Atlantic Avenue, and contains 22.11 acres. ~ 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: ~l~o ORDINANCE NO. 80 - 94: An ordinance amending Section 51.70, . ~. "Regular Charges Levied", of the City's Code to provide for an ~D0 \O~ increase in the rates charged for garbage, recycling and trash .~ services provided to residential and commercial customers. If passed, public hearing on October 4, 1994. ~ ORDINANCE NO. 64-94: An ordinance amending the City's Code by '\ enacting a new Chapter 57, "Telecommunication Right-of-Way {\60. Permits", to require companies who install communication \0\\"6 systems within City rights-of-way to obtain a permit and to pay an annual fee. If passed, public hearing on October 18, 1994. ~ ORDINANCE NO. 65-94: An ordinance amending the City's Code by LJ enacting a new Chapter 58, "Wireless Communications Systems", "3 to regulate the placement of cell sites throughout the City, 10\\ and establishing a permitting process, fees for the permits, and a fee collection process. If passed, public hearing on October 18, 1994. r;;") ORDINANCE NO. 74 - 94: An ordinance amending Section 4.4.26, o "Light Industrial (LI) District", of the Land Development Regulations by deleting certain requirements for properties lot\<Z which are zoned LI but which are not located within wellfield protection zones. If passed, public hearing on October 18, 1994. ~ ORDINANCE NO. 75-94: An ordinance amending Section 4.4.19, o "Mixed Industrial and Commercial (MIC) District", Subsection lO\tS (H), "Special Regulations", of the Land Development Regulations -6- . . . . to require that all principal and conditional uses must be conducted within an enclosed building. If passed, public ( hearing on October 18, 1994. ~ ORDINANCE NO. 76-94, An ordinance amending the Land ~0' '0 Development Regulations to allow the City Manager to grant \0\ administrative relief for temporary satellite dishes and outdoor retail display areas when associated with special events. If passed, public hearing on October 18, 1994. @ ORDINANCE NO. 77-94: An ordinance amending the Land ~ >f Development Regulations by adding height and size limitations 0\\~ for accessory structures in residential zoning districts; \0 deleting "guest cottages" as a permitted use in multiple family zoning districts. If passed, public hearing on October 18, 1994. ~ ORDINANCE NO. 78-94, An ordinance amending Section 4.1.4, "Use r\ of Lots of Record", of the Land Development Regulations to ~o~~ regulate the use of nonconforming lots of record in residential \ zoning districts other than R-1-A. If passed, public hearing on October 18, 1994. 1. ORDINANCE NO. 79-94: An ordinance amending the Land ~J~' Development Regulations to allow Educational Facilities as a conditional use and Home Tutorial Services as an accessory use \D \\ in residential zoning districts; enacting specific regulations for same. If passed, public hearing on October 18, 1994. J. ORDINANCE NO. 82-94: An ordinance amending the Land Development Regulations by repealing Article 7.8, "Unsafe ~v~ Buildings", in its entirety, and enacting a new Article 7.8, \o\t "Unsafe Buildings or Structures" , to provide rules and ~ regulations for the protection of citizens from unsafe buildings or structuresi establishing requirements and procedures. If passed, public hearing on October 18, 1994. 13. Comments and Inquiries on Non-Agenda Items. A. Commission B. City Attorney C. City Manager -7- . . . . [ITY DF DELRAY BEA[H DElRA \ BEACH ~.'::1i ~ - AII.Americ.a City "IIJ: PROCLA1"fA TIO.\' 1 'Ill 1 WHEREAS, the Free Sons of Israel is the oldest Jewish fraternal benefit order in the United States of America, having been established in 1849; and, WHEREAS, the Free Sons of Israel have always upheld the democratic principles on which the Constitution of the United States of America was founded; and, WHEREAS, the Free Sons of Israel have always fought anti-Semitism and worked on behalf of Soviet Jewry; and, WHEREAS, the Free Sons of Israel have always supported the state of Israel, the only democracy in the Middle East; and, WHEREAS, $100,000 was donated by the Free Sons of Israel to the Holocaust Memorial Museum in Washington, D.C. ; and, WHEREAS, the Free Sons of Israel raises money for old age homes and hospitals and many other organizations which help handicapped and underprivileged children; and, WHEREAS, during the holiday season, thousands of toys are donated by the Free Sons of Israel to children of all denominations; and, WHEREAS, scholarships are presented to worthy students by the Free Sons of Israel in order to encourage them to seek a college education. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 31, 1994 through November 6, 1994 as FREE SONS OF ISRAEL WEEK in Delray Beach, Florida, and urge all of its citizens to join together and commemorate this worthy organizations 145th Anniversary. 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 27th day of September, 1994. MAYOR THOMAS E. LYNCH SEAL THE EFFORT ALWAYS MATTERS 10, R, . I . [ITY DF DELRAY BEA[H DELRA Y BEACH ~..'A~. -. . ~- _~~-1.4 A1~America City " III! PROCLAMA TIO.\" WHEREAS, Four million Americans have Alzheimer's I"l); Disease; and, WHEREAS, Alzheimer's Disease is the fourth leading cause of death among adults, taking more than 100,000 lives each year; and, WHEREAS, Alzheimer's Disease, unless cured, will affect 14 million Americans by the middle of the next century; and, WHEREAS, Alzheimer's Disease affects more than 300,000 Florida Residents, 52,000 living in Palm Beach County; and, WHEREAS, Alzheimer's Disease is not a normal part of the aging process; and, WHEREAS, Alzheimer's Disease is presently incurable and irreversible; and, WHEREAS, an increase awareness of the problem of Alzheimer's Disease may stimulate interest and research among Palm Beach County residents to learn more about effective caregiving techniques. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City "of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim November 1994 as ALZHEIMER'S DISEASE AWARENESS MONTH in Delray Beach, Florida, and urge all of our citizens to support the Alzheimer's Association Greater Palm Beach Area Chapter Inc., in its commitment to increase the awareness of this disease. 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 27th day of September, 1994. MAYOR THOMAS E. LYNCH SEAL THE EFFORT ALWAYS MATTERS ~I (3- . . . [ITY DF DELRAY BEA[H DElRA Y BEACH ~'~~. . 'JO ~ ~~-....... AII.America City "111,' PROCLAi"fA TIO.V l<jq3 WHEREAS, the arts and humanities enhance and enrich the lives of all Americans; and, WHEREAS, the arts and humanities affect every aspect of life in America today including the economy, social problem solving, job creation, education, creativity, and community livability; and, WHEREAS, local arts agencies across America have joined with the National Assembly of Local Arts Agencies (NALAA) , National Assembly of State Art Agencies and coalition of over fifty national arts and humanities organizations representing over 23,000 cultural organizations to form the National Cultural Alliance to develop a multi-year public awareness campaign on the availability and importance of the humanities and arts to all Americans; and, WHEREAS, the campaign and its theme, "The Arts and Humanities: There is Something In It For You," was introduced to the public in the Fall of 1993 and will be ongoing for three years; and, WHEREAS, the nation's 23,000 cultural organizations, the National Endowment for the Arts, the National Endowment for the Humanities, the nation's 3,800 local arts agencies, the arts and humanities councils of the 56 states in U.S. jurisdictions, and the President of the United States will be encouraged to participate in this celebration and in the public awareness campaign. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October, 1994 as NATIONAL ARTS and HUMANITIES MONTH in the City of Delray Beach, Florida, and urge all of its citizens to recognize and participate in this celebration. 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 27th day of September, 1994. MAYOR THOMAS E. LYNCH SEAL THE EFFORT ALWAYS MATTERS ~), (' i '. [ITY DF DELRAY BEAEH DElRAY BEACH I.~'~'~~ --" ,:: , >= ....... AII.America City ~ , III: PROCLAJfA TIO.\" 1 'Ill; WHEREAS, the National Organization of Jack and Jill of America, Incorporated was founded in Philadelphia, Pennsylvania in 1948 and Incorporated in 1946 as a non-profit family organization dedicated to the interest of children; and, WHEREAS, the objectives of the organization are to create a medium of contact for children which will stimulate growth and development; provide for children a constructive educational, cultural, civic, recreational and social program; seek for all children the advantages which we desire for our own and to support legislation aimed at bettering conditions for all children; and, WHEREAS, Jack and Jill of America, Incorporated is proud of its 216 chapters, encompassing thirty-five states and the District of Columbia and whose membership include over 30,000 family members; and, WHEREAS, the South Palm Beach County Provisional Chapter was voted into membership at the National Convention held in Austin, Texas on July 19 through July 24, 1994, and will hold its Installation Ceremony on Saturday, October 1, 1994, at 5:00 P.M. in the Old School Square Museum; and, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize the Installation of the South Palm Beach County Chapter of Jack and Jill of America, Incorporated and urge all of our citizens to support this worthy organization. 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 27th day of September, 1994. MAYOR THOMAS E. LYNCH SEAL THE EFFORT ALWAYS MATTERS ~)" JJ~ '. . . . , . Aqenda Item No.. 10 b . , I 'AGENDA REQUEST Da te s 9/20/94 Request to be placed on:' X Reqular Aqenda Special Aqenda Workshop Aqenda When: 9/27/94 Uescription of aqenda item (who, what, where, how much). Proclamation - Jack and Jill of America, Inc, ORDINANCE! RESOLUTION Draft Attached: ~!NO Recommendation: . Department Head Signature: ~-~~-------___ ( Dete~ination of Consistency with Comprehensive Plana City Attorney Review! Recommendation (if applicable). . ~ Budget Director Review (required on all iteas involving expenditure of funds): Fundinq available. YES/ NO Fundinq alternatives: (if applicable) Account No. & Description: Account Balance: City Manaqer Review: . Approved for aqenda:@NO fY1/vl ~~ IJ_~~a~ ~.~.~~+- Hold Until: v' (~ <-1Jl-L-'\..-~U Agenda Coordinator Review: : wi.LL, ~ f^e~-:t R . d' . I -' ~ .1-R---C-R-'-.~ ~e~ ecelve : ~ . ~ Action: Approved/Disapproved /rv~ Lf?::> . . , , . . PROCLAMATION JACK AND JILL OF AMERICA, INC. Whereas, the National Organization of Jack and Jill of America, Incorporated was founded in Philadelphia in 1938 and Incorporated ln 1946 as a non profit family organization dedicated to the interest of children, Whereas, the objectives of the organization are to create a medium of contact for children which will stimulate growth and development; provide for children a constructive educational, cultural, C1V1C, recreational and social program; seek for all children the advantages which we desire for our own and to support legislation aimed at bettering conditions for all children, Whereas, Jack and Jill of America, Incorporated is proud of its 216 chapters, encompassing thirty five states and the District of Columbia and whose membership include over 30,000 family members, Whereas, the South Palm Beach County provisional Chapter was voted into membership at the National Convention held in Austin, Texas July 19-24, 1994, and will hold its Installation Ceremony on Saturday, October 1, 1994, 5:00PM at the Old School Square Museum, Now, Therefore, I Mayor Thomas E. Lynch, Mayor of the City of Delray Beach, FL do hereby proclaim recognition of the October 1, 1994 Installation of the South Palm Beach County Chapter of Jack and Jill of America, Incorporated, and declare the City support thereof. In Witness Thereof, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 27the day of September, 1994. MAYOR THOMAS E. LYNCH I -, -_.~.-. RESOLUTION NO. 80-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING EDWARD E. FOSTER FOR TWENTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Edward (Ed) Foster was hired by the City of Delray Beach, Florida, as the Tennis Pro on October 1, 1969; and, WHEREAS, Ed Foster will reach a milestone in his career on October 1, 1994; and, WHEREAS, this milestone is achieving twenty-five (25 ) years of full-time public service with the City of Delray Beach, Florida; and, WHEREAS, Ed Foster has consistently performed any and all duties required of him in a gentlemanly and exceptionally mature professional manner, exhibiting competency and loyalty; and, WHEREAS, Ed Foster will retire from emploYment with the City of Delray Beach effective October 7, 1994; and, WHEREAS, the services and knowledge provided by this dedicated employee will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . , Section That the City Commission of the City of i 1. Delray Beach, Florida, hereby congratulates and expresses its sincere thanks and appreciation to Ed Foster for twenty-five years of dedicated, faithful, public service with the City of Delray Beach, extending a LIFETIME Membership at the Tennis Center and further wishes him the best of health and happiness in his retirement. PASSED AND ADOPTED in regular session on this 27th day of September, 1994. MAYOR I ATTEST: I I I City Clerk I 7_A. , . ~ . ~ ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ft~( SUBJECT: AGENDA ITEM # 7L' MEETING OF SEPTEMBER 27, 1994 PRESENTATION OF "CHILDREN'S CHARTER" DATE: SEPTEMBER 23, 1994 This is before the Commission to allow a representative of Palm Beach County's Community Action Programs to make a presentation concerning A Children's Charter. The Charter was created in support of efforts by the Community Action Council and the Children's Services Council to help bring into focus the need to protect and advance the well-being, health and development of children. Included in the backup material is a list of organizations which have already adopted the Charter. Certainly, we all want the best available for our children. We want all children in our community to grow up to be healthy, productive and responsible adults. However, I have some concerns with this charter. 1. Neither the Charter nor the supporting documentation contain any steps of action for achieving the goals in the Charter. I am concerned that if the City were to adopt this Charter, we may later be represented as supporting actions intended by certain agencies to achieve Charter goals when we, in fact, would oppose such action. 2. Several of the points in the Charter are so vague that I have no idea what they mean. Other points include terms which have vastly different meanings to different people. I recommend that the City Commission not adopt this Charter, but that the Community Action Council and Children's Services Council be encouraged to bring back to the Commission defined programs of action for which our support or participation might be helpful. ~VXJ~ 5-0 . . ,~c- .r ~ ' . {;:{L<., L ;~''\.. Board of County Commissioners County' Administrator Mary Mcearty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Community Action Programs Warren H. Newell RECEIVED Burt Aaronson Maude Ford Lee SfP CITY MMI1"'T:q'l' n . , FFICE September 14, 1994 RECEIVED 9/"/?-f. Mr. David T. Harden CITY CLERK 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear City Manager: We request that Palm Beach County - Community Action Council (Maureen Hudson, Director) appear on the Agenda scheduled for September 27, 1994. Our purpose for attending would be out of concern for our community to know what lies ahead, but our main purpose would be to make a realization and to advocate a Children's Charter. We would like to be given the opportunity to address this subject and express the facts and opinions on how a Children's Charter is used and how effective it would be in our community. Please respond to our request on or before the 21st of September by contacting: by phone: Community. Action Program - Delray Beach Community Specialist IV - Peggy Hollis (407) 278-8090 by address: ATT: Peggy Hollis Community Action Program 600 S.W. 15th Avenue Delray Beach, FL 33444 YrrelY, I pegg; HIl "An Equal Opportunity - Affirmative Action Employer" @ printed on recycled paper 810 Datura Street West Palm Beachr Florida 33401 (407) 355-4726 15 . .. , . , ' Our children can't wait. t T here is no greater gap in the nation between a state's wealth and the health of its children than in Florida. While our state ranks 19th in per capita income, our kids rank 48th on key indic~tors of health and well-being. (Florida Kids Count, 1994) ,,"', \ ~~~I~~ lives In povelfi .' 0.'. """if'";""'~" . re;?ortsQf child abuse and . . ...:-....~.... ~.~:N...V.' _. ~1:""":-""...:~'N., ..... '."';"'1'.', .........:.~.~..:........;':. '; " ;:;~~'1;f:~j}'~~~~f~~~~;~~~re~1!t"j~~;Qi ;::J~Js,!.~S;;: ..... .... ....,..:It..,.........''''.'~L.'''it..~'...I..... ~...,,~ estlmatea~that three.tlmes ~;~i~;i~~i~~.~~t~:f!~~;~~;~;~;~:~no~~~~~e~, :.in the rlatlon.)~'::,:~;):,::~,..: ~'i::.~;~l!% .ofour..c~llaren ..under '." ...... .'. ......,.....'. ....., r...."the1 age of two ha e not . . ....."..,.,.,...<...y.....!<.~...,...~ ...~............ '" ..... . v . ,f yrj>vrl-=;:;;~;t;l~:;:=;~I~~n,,!m~grci~~~,~galhst ; ...Uistyear~27%.otHe:"<.....'")..<.", IS ase. .. ...... ," ........ . . '. . t ..'. . .. '., .... . ....v . u. . . tl ~ ~ ." . .'. . . prospec: vegr~ lJapsr-il-"e7;~'7-; ..,,'/ /' .,' /> iCe '.~, ....~~~class.:'..dJcf.hot..'rec "Jy :a~~....).,.,..:..::)Ati,'~:fThtr~:~:af~';..rfi..dr~...th'~'ri:'..'.~.""aoo :.3~~ e otal ;Mom.a:'~n*SI:;lvetf:t~.If.cnJ.ldtejj:ciiJ:wai tiff' Jists. for r';la~~~~crJ~~~ii7if:~~;~Ctj!'i:i~f... .<, g.~: - I -+- I -, ," Bo'ard of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken 1. Foster, Vice Chairman Karen T. Marcus Community Action Programs Carol A. Roberts Warren H. Newell Burt Aaronson Maude Ford Lee A CHILDREH'S CHARTER What is the purpose of the Charter? The purpose of the Charter is to present a vision of what should be, and what can be. All children should be assured of healthy minds and bodies. All children should be protected against disease. All children should be educated in accordance with their abilities. Unfortunately, too many of our children do not share in the American dream. Why do we need a charter? .... " Florida is the 19th wealthiest state in the nation; yet, our children rank 48th in the nation on a scale of ten key indicators of health and well-being. It's time to say ENOUGH! It's time to commit. In Palm Beach County: · one in six of our children lives in poverty; · one in six of our children under the age of 2 has not been " immunized against disease; · we have the second highest pediatric AIDS rate in the nation; · in 1990 there were 9,787 verified reports of child abuse and neglect - more than one every hour, around the clock. How can you helD? You can help our communities focus on the vision. By promoting adoption of the Charter through your networks, we, together, can gain the commitment of churches, synagogues, civic and social clubs, businesses, neig~borhoods and governments. In promoting the Charter you will also have the opportunity to educate your friends and acquaintances on the unacceptable condition of our children. Together, with vision and focus, we can make a difference - we can do the right thing for our children and our future. Please encourage your local organizations to adopt this charter; and then to join in to promote the charter. ~ adoPti~or should you have questions, please notify < 'J/l~h?uj.u;n at (407) ...:/,,7- -;f 7.J 7. You will be sent a copy of the Charter on parchment paper to present to the adopting organization. Thank you for your leadership! "An Equal Opportunity - Affirmative Action Employer" @ ~)II,.,ted on 'ecYC/~d oaoor 810 Datura Street West Palm Beach, Florida 33401 (407) 355-4726 I . FROM:DEPT COMMUNITY sues Bee TO: 407 243 3774 SEP 20, 1994 12:43PM 1:*696 P.02 FOR THE CHILDREN Au~ustt 1994' CHILDREN'S SERVICES CO\JNClL OF 11ALM UEACH COUNTY, Volume 6. No.4 1 ~ Children's Charter Drawing Community Together . In May, the Children's Services Council helped create CHILDREN'S CHARTER and adopted 8 Children's Charter as a reaffl1mat.lon of Preamble Its commitment to improVIng the conditions affecting Palm Beach County's chlldren and their families, l'hc We, Ute Children's Serulces Council of Palm charter was published in CSC's annual report which ran lJeach Counly, in order to protect lU1d ad"Mce In the Palm Beach Post June 26. the well-being, health EUld de"elopment o( all Since the publication, our children., do adopt this charter - adopted May 25, 1994. arnovementhasbegun to grow among govern- ...... mcnt agencies, social AllchlJdren should be assured of healthy minds service agencies, cosU- and bodies. lions and business groups seeking to adopt All children should be protected against abuse the charter. Within a and neglect and other harmful treatment. month of ese's adop- ~~~ All children who have special mental or phys- tion of the charter, three leal needs should be provided with appropriate additlonL~1 groups - the medical care. education and protection. Child Advocacy Board of Palm Beach County, . Ail children should be provided with adequate HIPPY AdVisOry Board nourishment, housing and clothing. and Palm Beach Coun- All children should have access to wholesome ty Uteracy Coalition heYe also adopted It. Four addl- re<:reatlonal and cultural resources. tlonal boards and agencies have put It on their agendas for adoption this month and In September. Another six All children should be protected against dls- have asked for copies of the chartcr to present to their ease and InJury. boards. All children should be educated In accordance Anyone Interested in recelvlng a copy of the charter can with their capacities. contact MaJ'lene Passell, Public Information Associate All children should be provided with a safe, at CSC, at 655-1010 or 1-800-331-1462. As each stimulating environment within their own com- group adopts the charter, a parchment copy containing munlty when they cannot be with their rami- the name oHhe agency and space for the adoption date lies. and signature Will be provided. Also, thanks to the Community Action Council, posters of the charter Will All children should be given a sense of family be given to any group adopting It. and community so that they can become pro- ductIve members of society. All children should be given due regard as members of our society. . A CHllDREN'S CHARTER Pr~aft1bl~ \Ale. tl1e CJ1ilbrel1.s SeTVfces C014l1cil of Palm Beacl1 C014l1t'i. il1 orber to protect aJ1b abval1ce tJ1e well- b~iJ1S. J1ealtJ1 aJ1b b~v~lopmeJ1t of all 014r cl1flbr~l1, bo abopt this cl1art~r - Mali 2;, 1994. All cl1ilbr~l1 sl10141b ~ ass14r~b of l1~a1tl1\i mil1bs al1t> bobi~s. All cl1i1br~l1 sl10141b ~ l'rot~ct~b asait1st ab14~ al1b t1~sl~ct al1b otl1~r 'l1armf141 tr~atm~t1t. All cl1i1br~t1 wl10 l1av~ sl'\!cial m~t1tal or l'h'isicall1~~bs sho1flb In provib~b with at1 ~b14catiot1 at1b approprfat~ m~bica1 car~. All chilbr~t1 sho141b In l'rovib~b with a~q14at\! t101frfshm~l1t. h014sit1S al1b dothit1S. All chnbr~l1 sho141b l1av~ acc~ss to whol~som~ r~cr~atiol1al al1b c1f1- t1fr a1 r~S01frc\!s. All chilbr~l1 sho141b In prot~ct~b agait1st bt~~ al1b tl1j14r\f. All chilbr~t1 sho141b ~ \!b14cat\!b tt1 accorbal1C~ with thdr cal'acftf\!s. Alll'r\!scho01 chilbr~l1 Sh0141b ~ provi~b with a saf~. stfm141atfl1S \!l1virot1m~l1t fl1 wl1ich th~'i cal1 acl1f\!v\! school r~abfl1~ss. All chi1br~l1sho141b ~ Sfv~l1 a S~t1S\!' of famtl'i at1b comm14l1ft'i so that th\!'i cal1 b~com~ l'rob14ctiV\! m~m~rs of socf~tlf. All chflbr\!l1 sho141b ~ Siv~l1 b14~ r~garb as m\!mlnrs of 01fT soci~tlf. . SEP 27 '94 14:131 FROM CHILDREN SERVICES WPB PAGE.002 . . CHI LOREN'S CHARTER AVOPTIONS 8 VATfS 1. Ch.U..dJte.n.'.6 SeJc.v.lc.u CouneU 06 Pt1bn 8e.ach Cou.nt:y -May 25, '994. 2. ch.U.d Advoc.acfJ Boa.Jtd 06 Palm 8e.a.eh Coun1:g - JunL 15, 1994. 3. HIPPY AdviJ,o/tlj 8oaJr.d 0' Pa..lm Beach Coun:ty - Jul.q 74, 1994. 4. Palm Beach County UtVULC.fJ Coal.W.on. - AugU.6-t, f 994 S. Hope.weU IM.tUuU.onal Bap.tUt ChWteh - AugU.6.t 20, 1994. 6. HLcspa.n.ic Hwna.n RuouJtC.U - Aug(U)1; 23, 1994 1. S..<<t.kl.e. Ce.U. V.uea.6t. M.60~n 06 AmVLic.a - Pabn BtlU!.h Coun.tq - Aug~.t 24, '994 , 8. c..it.1.u In School..6 - AugiUt 25, 1994 9. 8olj.6 Town 0' Sou:th FtQJvi.da., Inc.. - Augtz..6.t 15, 1994 10. La.-tin AmvUc.a.n ImmigJtan..t 8 Re.6uge.e. OlLgan.1..za:tion, Inc.. { LAIRO J. - AugU.6.t 25, 1994. ". /tfe.cUa'Reach Pubu.c. 'Re.laUoM, Inc.. - Augu.6t. 29, 1994. 1 'I.. The. ChUd CalLe T (Uk. foltCe. - Augu..6.t 29, 1994. 13. NOAH Yotah 'Oe.ve.lopme.n.t - Augu.6-t 29, 1994. 74. VelAay 8tU1C.h MVU!.1ta.rt.U M-6oe1.4t1.on - AuglL6.t 29, 1994. 15. Palm 8etu!h MaJUne. I rw.tita.tt. - se.p.tembvz. 6, 7994. f 6. Adopt A fam.Uy o~ & Palm Be.ac.hu, 1M. - AugU.6.t 30, J994. 17. fxc.e.pUonal s.tu.de.n;t. Educ.a.t.i.on CoatiUon - Se.p.umbVt 1, f 994. 18. We.e. CaJrL, Inc.. - Se.p.tvnbVt I, 1994. f 9. Gamma. ze..ta. Sigma Chap.tvL -AugU-6.t 30, 1994. 20. New ut. UonMlA.6.tonaJty Bap.ti6.t Cluvc.c.k - Sep.tvnbvc. 1, 7994. 27. chwt.c.h 06.the. Uvhtg God - Se.p..teJnbVt 7, 1994. ft. T~ Un.ite.d Method.i..6.t Chwr.eh - Se.p.te.mbvr. t, 1994. 23. Ba.Jr.ne.tt 8a.nfl. Boea Ra.ton - Se.ptvnbVt 9, 7994. 24.V.i.IWr.g BaJtbVlShop - Se.ptembVt 72, 1994. 25.S.te.ve.ttAS 8Jt.O:tkeJr..6 Fundu Home.- St.p.tembVt 12, 1994. 26 .Spi.JU.t 06 C~1:. M1..6.6.(.onaILg Sapfut ch.wtc.h.- Se.p.tembvr. '2, 7994. 21. Food Vatue. S-toJt.U- Se.p.te.mbvr. 72, 7994. 28. In-T1.me. Chwtc!.h C.O.O.l.C.- Se.p.te.mbeJt '2, 1994. 29. NeJAJ ChJLi..6:t M.i..6~-ionaJL!I 8apfu.t ChuJlch- Se.p.tvnbvr. 12, 1994. 30 . Mount GilJz..od 8apfu.t ChwLc.h- S~p.te.mbeJt. 12, 7994. . , SEF 27 '94 14:03 FROM CHILDREN SERVICES WP8 PAGE.004 . ~ 3' . SWtC.o~.t c.ta..6-6 06 191' - SeptembVr. 12, 1994. 32. Ve.e. '.4 Flolti.4.t Shop- Sl.pturbvr. 12, 1994. 33.A.t.toltnfUJ C~ B. AcJ.am.6- Se.p.te.mbvr. 12, 1994. 34. AU.oJur.fUJ MattheIA1 RfL6.4e.U - SepUmbvr. '2, 1994. 35. LaAlpha. SAA- JON- Se.p-te.mbVt 12, 1994. 36. V-i49no.6.ti..c. 6 C01(){.uUve. Math Ce.n.te.Jl- Se.p-tvnbvr. 12, f 994. 31. FHAlES o~ You- Se.ptembvr. 12, 1994. 38. FtoJUda ClWtopJtac.Uc. Ct.n.t:eM- Se.pte.mbvr. 12, 1994. 39. Mc.Into.61t Temple, Chwtch 06 God.llt CIvti..6.t- Se.pt.eJnbU 12, 1994. 40. G-i.~-N- TW6.t6- Se.p.te.mbvr. f 2, 1994. 41. [fJaJr.C.tc.vr.Jaku, 1.1(.. - Se.p.tt.mbvr. 12, 1994. 42. Blue. HeJc.on Che.Vlwn- Se.ptvnbVt 12, 1994. 43. S~mouJl GJWc.eJc.1..u- Se.p:tvnbvr. 12, 1994. 44. Stu'~ S Pu6~- Se.p.tvnbvr. 12, 1994. 45. Cunrm.in.g-6 Hea.tth 6 Buuty Sapplq- Se.p.tembvr. f 2, 1994. 46,.Utt1.on 1<<..6.6.tonaltg 8a.p.tU.t Chwr.c.h- Se.ptembvr. '2, 1994. 41. Hambwc.gvc. Hea.va- Se.p:teJnbeA 12, 1994. 48. 'Dav,u,Towi.ng- Se.p.tvnbvr. 12, 1994. 49. GoUCotL6l; PJLogJLU.6U F-iJc.e.A.6-6oc.1.aU.on- Se.pt.embu 12, 1994. 50. TMp-i.c.at Jama.i.c.an RutauJl4n.t- Se.p.te.mbvr. 12, 1994. 5 J. FJt.ivI,cU 06 AbLL6l.d clUtclJt.e.n. - SepttmbeJI. 13, J 994. 52. ChWteh 06 -the. Good She.phvul - Se.p-t. 1, 1994 53. J upUvt./ T e.q uuta J u.rUolt Wome.n ' -6 Club - Sl.p-t. 13, 1994 54. Scott' -6 T.iJtu - Se.p-t. '5, 1994 S 5. HaJWld'.6 Lawn SeJl.v..iee. - Se.pu.mbvr. '4, 1994. 56. GJtan.t. Clutpel. A. M. E. ChuJu!.h - Se.p.tembVt f 5, '994 51. Lake. WoJLth Au;to-t.ec.h- Sept. 15, 1994 58. Nw Hope. Bapfu-t chuA.c.h - S~p-t. '5, 1994 59. Ait:t 06 NoL6e. - se.pt. J 5, 1994 60. GJt.ime. t -6 COn,6.tJuLc.t,(.on - Se.pt:.. 15, 1994 61 .Ci.ti.zen.6 on. T Mk - St.p:t. 15, 1994 62. UnUe.d CeJLe.b1tal PaLsy - Sep.tembvr. 'S, '994 6'. Sun.eoa..6.t ChambVt. 0' COmmeJ(.ee. - se.p.t. '2, 1994 64. S.t.. MaJr.y'.6 Ho.6pital. - St.p-t. 20, 1994 65. 1)$1) TJwC.ft. 8 Ma.c.kinvr.g, Inc.. - Sf-pt. '9 f , SEP 27 '94 14:04 FROM CHILDREN SERVICES WPB PAGE.005 . .. 66. Mt:. 06 NoL6e. eM StLJr.e.o - Sept. 19 61. L.aJu.lJloJt.th AuJ:.o Tull. - Sep-t. 19 61. Gold CII..ln.g Road lUdtA M-6oc..-i.at-l.on - StZ.p.t. f 9 69. Odum' -6 Po.tt:htg Soll.. - S~p.t. 19 10. J ot.fJ Odum'.6 La.nd.6c.aphtg - Se.pt. 19 11. Jack.6on. Co~ - StZ.p.t. 19 7f .Su.n.6klne. GIW~vUu - Se.pt. 19 73. End rime /.f.iA-6ionoJuj ~Vty - Se.pt. 19 14. 1M. Pa.lm Be.ac.h CoUJt;ty Commu.n.li.y Ac.Ucn BoaJtd - StZ.pt. 20 15. CompMhw..6i..\1~ AlPS P1togJta.m - Sept. 21 . 16... Mt. Cal..vVUJ Sapwt Chwtc.h {8ell.e. G14deJ - Se.p.t. 16 11. Bible. ChuJr.eh On God (Pahofu.e.J -Se.p.t. '6 71. The GO.6pe.l PIUUJVt Band CkuJr.c.h 06 lULU ChJt.iA.t (South Bag) - Se.p.t. 15 19. Ou:t:M.aeh noJ(. Soul.6 M.i.nL6:br.y I Sout:h Bay} - Se.p.t. 12 80. Mc.CJuvr.y Vay Ca.Jt.t. (Belle Gtade.) - Sept. 12 81. GuJr..le.tj '-6 MaUe..t I Sou-th Bay I - Sept. 16 12. V.i..xU.. FJr1.~d Ch..ic.Il.e.n. {Be.Ue. Glade.} - Sept. 16 83. Alabama-GeoJtg1.a. GIWC!Vtg lBeU.e. GWe.J - Se.pt. 16 84. Be.UL Gta.de. J.i66Y ShJltfj - Sep.t. 16 85. U-Save. Supvr.maJrke.t '41 (BeUt. Glade) - Sept. J 6 86. Inbvuta.tiona.l M-6oc.i.aUon 06 Ma.c.hi.nL6u S AVUJ./Jpa.ee. WonVL Local. Lodge. '2 J 52 l South Bay} - Se.pt. 19 11. CU:y 06 Sou.th Bay Pol.1.c.e. 'Oe.paJttme.n.t - Sep.t. 19 88. KaJt K.ingdom 06 Belle. Glade. - Se.pt. 20 19. SVtv.ic.e fJepot - S~p.t. 20 90. 3-V fU,amond.6 Be.a.uty Shoppe lBe1h Glade) - Serd. 20. 91. A. v. lL6e.dCaM lBeth. Glade} - Se.p.t. 20 92.. The. IMP.i.lud..ional. chwteh 0' God {South Bag J - Se.pt. 19 93. BeUL Glade Pou.c.e VepaJLtme.n.t - Sept. 22 94. Ca.tho.uc. Ch.aJr..i;tiu - Se.p.t. 20 95. Cu.6.tom Cab..ine.u 06 Palm Bea.c.h, lne. - Sept. 20 96. Ho 6 timan '.6 Choc.ol4U Shoppu - Sep.t. 23 91. Fo~.tIlA CaJte. CU;lZUl Rev.i.JllAJ- Se.p.t. 22, 1994 9B. Chll.d CalLe RuouJtCe. 8 Re.4vuuzl, Inc.. - Se.pt.19, J994 99. Boy-6 g G-i.Jr.Ls ctub.c\ 06 Palm Beac.h Cou.ntq, Inc.. - Se.pt. B 100. UIlban. Luaue 0,( Pa.lm Beach Cou.n.t:ll. 1M. - Se.D.t. 23. 1994 t , . . ' , lot. HoLUl.ng a F-ina.nee. Au;thollUlJ 0' Pdm Burek Cowa.ty - Sept. 1.11 1 02. Gamma Sigma S.igma. NaZion.a.l. SVlv-ic:~ SolLOJt1..tg - S~p.t. 25 t 03. cen.tvt. Folt In~olUntLt:ion S CJL.i6-L6 SVlv.ic.U ;"" Se.p.t. 26, 1994 104. L.A.C.E.S. 06 Pabn Beac.h. Cou.n.ty, Inc. Tee.nAdv-UoJu,J BoaJtd. - 9/24 . f , . j I KEY FACTS ABOUT PALM BEACH'S CHilDREN AND FAMILIES a The tolal population in this county was 863,518/n 1990, an Increase of 286,655 (49.7%) from 1980. a The number of children under 18 years of age in Palm Beach County increased from 123,084 in 1960 to 170,743 In 1990. a In 1990,19.8% of Palm Beach's population was under 18 years of age; 24.2% of the population was over 64 years of age. . PALM BEACH a 67.6% of the children under 18 lived .11 a two-parent, married household; 21.9% lived in single parenl households; 10.6% CoUNTY lived in a household headed by neither parent. a There were 128,944 whne and 41,799 non-whne children under 18 years of age in 1990. The nUlMer of white children in- creased by 39.6% from 1980, while the number of non-white ONE MONTH IN THE lIFE OF children increased by 36.2%. PALM BEACH'S CHilDREN: . 1,077 babies were born . 118 babies were born (0 (een Palm Beach Population By Percent of Children Under 18 mothers Age In 1990 Years of Age living In Selected Famfly Structures . 82 /ow birth weight babies were born . 816 maltreatments to children were included in reports closed · 427 suspensions from school were reported t.larriIHI CcoJple 4H4 Faml)' leu 'r.' · 684 delinquency cases were '&4.~I~) r8C(Jived ,.... 31',31S(37'l1o) Number of Children By A!;.. Categories for 1980 and 1990 and Percent Change Over the Decade Thouwdt Thou.... \ 200 70 : OF PALM BrACH'S 170,743 ... 38.7% ... ; CHILDREN iN 1990: 160 ........... ... 50 .....~:o~............. .... ........... ........... · 55,051 were ages 0-4 48..% ... 17.7% · 47,997 were ages 5-9 120 .0' · 42,459 were ages 10-14 · 25,236 were ages 15-17 0 0 Under 1. V..,. 0.4 5-. 10.14 15-17 ::.tJ. I m 1180 . 1990 I . ~l~ ;.."'., ---:!\~ ~.~. , # - Palm Besch County KIds Count ~.- ...-----.. --- - ~ -----.-- .-. KEY FACTS ABOUT THE ECONOMIC STATUS OF PALM BfACH'S CHILDREN o There were 25.176 children under 18 years of age (15.1 % of all children) livfng below the pover1y level in 1990; this ranked Palm Beach 16th among alf of tho counties. o Of all tho children under the age of six. 10,367 (16.7%) lived below the poverty level. o 36.9% of African-American children under the age of 16, and 43.1% of African-American children under six years of age, were livfng below the poverty level. o 42.0% of related children residing In a female-headed household lived below the poverty level In 1990. 0 Palm Beach's 1989 per capita Income was $24.319 ranking 1 sf among an of the counties In Florida, - Percent of Persons Within Each Race and Age Group living . Below the Poverty level In Palm Beach County, 1990 Race <40 A 15.1 . . Tola! . . . . . White 1.7 . 32 ................................ . , . African American 3U J :: . . Am. Ind. Esk. 18.<4 . . . ;.. . . . . AsIan Pacific . . . . . . , . . Other 32.1 . . . Hispanic 2"1.1 0 0 10 20 30 -40 50 Under Under Mulls Percont Under Age 1. Af1& 6 h;]e 18 0nJy KEY FN:TS ABOUT PALM BEACH'S NEWBORNS o There were 12,921 babies born In Palm Beach County in 1990. The birth rate per 1,000 residents Increased from 12.3 in 1980 to 14.3 in 1990. , o 986 low birth weight infants (7.6% of a/l births) were born In 1990; this was a decrease from 7.9% 01 all births in 1980. o 71.6% of the birth mothers in Palm Beach County received early prenatal care in 1990. a The Infant mor1ality rate was 10.4 per 1.000 live births In 1990. an lmprovement from 17.310 1980. The mortarlty rate for white Infants decreased from 13.710 1980 to 8.6 In 1990; the rate for non-whfte infants decreased from 26.5 to 15.4 for these years. Profile of Palm Beach County Newborns By Race, 1990 Births low BIr1h Wel~t Early Prenatal Care Infant Infant Mor1a&ly Ral.e N(%) N(%) Deaths (Per 1,000 Births) WhIte 9,337 564 (6.0) 7,460 (80.7) 80 U Non.While s,m <421 (11.8) 1,671 (47.8) 6S 16.4 Total 12,921 986 (7.') 9,133 (71.4) 135 10.4 - , .. f , -- Palm Beach County Kids Count KEY F,ACTS ABOUT PALM BrACH'S STUDENTS 0 The total enrollment (pre-kindergarten through 12th grade) In the public school system was 110,599 students in the Fall of 1991. 0 Approximately 82,5% of the students graduated within four years of high school enrollment during the 1990191 school year. Q In 1990, 66% of the students In the public school system passed the SSAT-lIln Communications, while 83% of the students passed the Mathematics section. 0 There were 19,587 students enrolled in exceptional student programs during the 1991/92 tenn In Palm Beach County. Palm Beach County Student Enrollment By Race and the Rate of DIsciplinary Actions and Non-Promotions Per 1,000 Students, 1991/1992 Student Enrollment Discipfinal)' Aclions Non.Promolions (PreKindergarten'12) Race . N % N Ra1el1,O<X N Ra1el1,O<X White, Non'Hispanic 66,294 59.9 ",336 65." 178 2.7 Black. Non.Hispanic 30,019 27.1 3,970 132,2 159 5.3 Hispanic 12,094 10.9 1,157 95.7 74 6.1 Other 2.192 2.0 112 51.1 .. 1.8 Total 110,599 99.9 9,575 86.6 415 U Number of Non-PromotIons Number of DIsciplinary AcUons By Grade, 1991/92 for 1985/86 and 1991192 70 60 .... In.School Suspen$ions 50 ...... ............... "...... .............. 40 ....... .............. .......... ............. Out-of-School 30 Suspensions 20 10 Co~raJ Punlslvnent 0 . KG 1 2 a .. 5 . 7 . 0 10 tt 12 0 1,500 5,000 7,500 10,000 Grade m 1965J86 .,991192 KEY FACTS ABOUT PAlM BrACH'S YOUTH AND THE LAW 0 Of the 8,207 deRnquency cases received in 1991/92,4,311 were white and 3,n5 were African- American; the total increased by 55.0% from 19B2183. a The number cA admissions to interim detention was 1,927 in 1991192, an increase from 1,113 in 1982/83. a 917 delinquency cases resufted In a oommHment (residential and nonresidentiaQ in 1991/92, an . Increase from 422 In 1982183. a The number of definquency cases transferred to aduR court has increased from 85 In 1982/83 to 182 In 1991192. f , . " ," Numb..- 0' BlrthI to Young MOCbera By Age and Race, 1'. ,.,. d b/tth to 166M (IS 10 " d& t' t. t7 ,. tt TotII < 2Cl Percent 01 TMn pet 1,000 f8m8ItI popeJatlon 8Irtht 10 M 8HM 41.8forwhlesnd 143.0'or WhIle 7 S4 74 123 183 270 ., 7.4 e teens In 1990, Non-While S2 62 106 162 185 224 730 20.4 TolaI 39 86 179 275 348 494 1.421 11.0 Number of BIrths to Unwed Mothers and the Percent Change from 1980 to 1990 Births 10 Unwed Teens (<20) Births to Unwod Molhors ~) Oflhs total 4,085 births to unwed 1000 2000 mothers In Palm Beach County in 800 1600 1990, 1,110 wef8 to teens under 31.2% . age twenty and 2,968 were 10 600 1200 mothers age twenty and older. 400 800 . 200 400 0 0 White Non-White White Non-White I .1980 ~1990 1 KEY FN:TS ABOUT THE HEALTH AND WEll-BEING OF PALM BEACH'S CHILDREN Q There were 49 deaths of children 1 to 14 years of age in 1990, a de<:rease from 58 deaths in 1980. Q The rate of violent teen deaths was 8,3 per 10,000 teens in 1990, a decrease from a rate of 10.8 in 1980. Q 2,792 children in Palm Beach County were reported as runaways in 1991/92. Q There were 9,787 total \terifted and some indication- maJtreatments of child victims in reports closed in 1991. Of these maltreatments, 3,360 were abuse; 4,405 were neglect; and 2,022 were threatened hann Number and Percent of Abuse and Neglect Maltreatments By Category in Reports Closed in 1991 Other Abuse Other Negled Substance MISUS4l 8(0,3%) 482(105%) 556(165%) lack of HeaJh Care Menial "*'11 287(6,5%) 266(7.9%) lnadequale l< ~~ ~lYlsJon 1,890(56,3%) 1,943(<<.1%) EnvlronmenlBl Neglect 1.713(38.9'%) Abu. Neglect N = 3,360 N = 4,405 e Copyright 1993 Florida Kids Count 229 . . , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f7t'1 SUBJECT: AGENDA ITEM # ~A MEETING OF SEPTEMBER 27, 1994 TRAINING AGREEMENT WITH PALM BEACH COUNTY DATE: SEPTEMBER 23, 1994 This is before the Commission to approve renewal of the training agreement between the School District of Palm Beach County and the City, for the period July 1, 1994 through June 30, 1995. This agreement, which has been reviewed by the City Attorney, allows the City to continue providing training to the City employees at low cost. The cost for the two-hour wellness programs will increase to $2.00 per student hour. All other costs will remain at last year's levels. Recommend renewal of the training agreement wi th The School District of Palm Beach County, for the period July 1, 1994 through June 30, 1995. . , Agenda Item No.: U AGENDA REQUEST Date: September 8, 1994 Request to be placed on: X Regular Agenda (CONSENT) Special Agenda September 27, 1994 Workshop Agenda When: Description of item (who, what, where, how much): Request City Commission approval to renew the Trainin2 A2reement between the School District of Palm Beach COllnt:y and t:he Ci tv of Delray Beach for the period .In 1 y 1 r 1 gg4 thrn .TlInp 10 r 1 ggS (Example: ". Request from Atlantic High School for $2,000 to fund project graduation). ORDlHAHCE/ RESOLtr.l'IOH REQUIRED: YES/ii) Draft Attached: YES/NO Recommendation: Approval (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~~>~ City Attorney Review/ Recommendation (if applicab e): Citv Attornev has reviewed the material . Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: Various Denartment Budgets City Manager Review: Approved for agenda: ~/ NO z~/1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . MEMORANDUM TO: David T. Harden, City Manager FROM: Doug Randolph, Training and Development Manage~ ~ . TIffiU : Edward J. Gusty, Director of Human Resources (~ DATE: September 8, 1994 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO RENEW THE TRAINING AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH. Our annual agreement needs to be renewed for the period July 1, 1994 thru June 30, 1995. I have been asking for the agreement for some months and received it on September 1, 1994. As you are aware, this agreement allows the City to continue to provide high quality educational training including computer software training to our employees at an extremely low cost. For this year the only cost increase will be for the two hour wellness programs which will go from $1.00 to $2.00 per student hour. All other costs will remain at last years levels. Susan Ruby has reviewed the agreement. Comments are attached for review. Upon your approval, please place this item for Commission Approval on the September 27, 1994 Commission meeting agenda. attachments DGR/SCHOOL , . -r-- ;. i - ' AGREEMENT -. . BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND CITY OF DELRAY BEACH FOR VOCATIONAL EDUCATION PROGRAMS This agreement is entered into between the City of Delrav Beach hereinafter referred to as the "AGENCY" , and The School District of Palm Beach County hereinafter referred to as the "PROVIDER" which are the parties hereto. For and,in consideration of the mutual covenants contained herein, the ~ufficiency of which the parties acknowledge, the parties to this agreement agree as follows: I. Scope of Services The PROVIDER will provide vocational education programs for students of the AGENCY. II. The PROVIDER Agrees to: A. Provide a liaison for all vocational education activities between the PROVIDER and the AGENCY. B. Provide qualified and certified vocatIonal instructors for each course. Addendum B is hereby incorporated as part of the agreement. 1- Whenever possible provide a qualified substitute instructor in the case of absence of the regularly assigned vocational instructor. % 2. Require instructors to assume instructional responsibility for students in their classes. C. Share the achievement records of the assigned students in the _. courses with the AGENCY. . .. . . D. Provide and prepare an instructional schedule for teachers and students which will conform to the needs of both the PROVIDER and the AGENCY. E. Not discriminate against any atudents or employees because of race, color, religion, sex, national origin, marital status, age, ancestry, sexual orientation, or disability. F. Submit any vocational education reports as required by the Florida Department of Education. III. The AGENCY Agrees to: A. Provide a liaison to coordinate and supervise vocational education activities between the PROVIDER and the AGENCY. B. Provide the minimum number of eligible students, with input from the PROVIDER, to achieve and maintain the required membership for each course. I . , C. Review the continued eligibility of selected students for participation in the vocational education programs with input from the PROVIDER. D. Provide agency orientation for the P~OVIDER'S vocational instructional staff. E. Provide proper and adequatefa~ilities and standard utilities including water, lights, phones, heating, and air conditioning for all classes. F. Provide needed A/V equipment, copier services, student materials, consumables, laboratory materials, and textbooks as requested by the PROVIDER. G. Provide janitorial and maintenance services for all AGENCY based classroom and shop/lab facilities. H. Provide staff and support services for timely, appropriate and adequate screening, counseling, and follow-up services to students. I. When applicable, provide and maintain clerical support for the full-tLme vocational education program staff. J. Provide any vocational education reports needed by the PROVIDER and as required by law. IV. Both Parties Agree That: A. Responsibility for day-to-day coordination and supervision of the vocational education program shall be vested in the AGENCY'S liaison of education. B. The AGENCY'S liaison of education may participate with the PROVIDER in recommending instructional personnel. C. Through their designated representatives, both parties shall collaborate in the development of policies and operational procedures for the efficient management and operation of the vocational education programs, in accordance with the PROVIDER contracts for PROVIDER personnel. I D. The performance of obligations hereunder shall be in accordance with all applicable laws, rules, and regulations now or hereinafter in effect. E. This agreement will be goverqed and construed in accordance -- with the laws of the State of Florida. - F. No amendment to this agreement shall be valid or enforceable unless submitted in writing and executed by duly authorized representatives of both parties executing and entering into this agreement. G. If either party terminates for convenience herein, they shall not be liable for breach of contract, loss profits, or other such damages consequential or inconsequential. H. Both PROVIDER and AGENCY are subdivisions of the State. Notwithstanding anything to the contrary contained herein, the total liability of PROVIDER and AGENCY under this agreement for negligent acts or omissions of PROVIDER or AGENCY, their agents and employees shall be subject to the limitations and procedures set forth in Section 768.28, Florida Statutes. -2- . , , ; Doug Randolph / Frank Ryncarz(Fire) is designated AGENCY liaison of education and is responsible for enforcing performance of this agreement's terms and conditions and shall serve as a liaison with the specialist of the PROVIDER, and shall approve all invoices prior to payment. The AGENCY liaison of education will also be required to meet with the PROVIDER at least once during the agreement period to review the services rendered. This agreement shall be effectiye T1I1 Y ] r 1 9qll , and shall remain in effect through TlIn~ 10. 1 QQ'1 . -Should one party fail to conform to all material conditions provided herein, the other party may, at its option, cancel this agreem7nt upon 30 days written notice. I Dated this day of , 19 CITY OF DELRAY BEACH Agency The School District of Palm Beach County, Florida By By Agency Administrator Arthur Anderson, Chairman (SEAL) Attest Attest C. Monica Uhlhorn Superintendent J _. . ,. -3- , . . - ;. , I Addendum B SCHOOL DISTRICT SUPPLIED INSTRUCTION PART-TIME PROGRAMS AGENCIES -requiring a School District instructor to provide classroom training will agree to: 1- Provide matriculation fees to the / PROVIDER as set by the Florida Legislature. t -- . - , I - . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI TY MANAGER f'ltl SUBJECT: AGENDA ITEM i ~!3 - MEETING OF SEPTEMBER 27. 1994 INITIATION OF ANNEXATION AND FUTURE LAND USE MAP AMENDMENT DA TE : SEPTEMBER 22, 1994 This is before the Commission to initiate the annexation with initial zoning of R-l-AA (Single Family Residential) District and a Future Land Use Map (FLUM) amendment from County MR-5 (Medium Residential - 5 units per acre) to City Low Density ( 5 units per acre) for a 0.51 acre parcel of land located on the east side of Swinton Avenue, north of N.W. 22nd Street and south of Tangerine Trail ( extended) . The subject property should have been included with the Enclave Act annexations processed in 1988, specifically as a portion of Enclave No. 1 annexed by Ordinance No. 111-88 effective October 11, 1988. It was recently discovered, however, that the legal description for this parcel was inadvertently left out of the annexation ordinance. To correct this error, the Commission is now being asked to initiate the actions necessary to bring the property into the City with a conforming land use designation and appropriate zoning. Recommend that the City Commission initiate annexation, Future Land Use Map amendment from County MR-5 to City Low Density, and initial zoning of R-1-AA (Single Family) for the subject property. ref:agmemol1 . - . ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID To.. HARD~ITY~MANAGER THRU: D~6ii~rbd' Di~~c~Jb D~TMENT OF. ~LANNING D... NING FROM: PA~~RINCIPAL PLANNER SUBJECT: MEETING OF SEPTEMBER 27, 1994 - CONSENT AGENDA INITIATION OF AN ANNEXATION, FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 TO CITY LOW DENSITY AND INITIAL ZONING OF R-1-AA FOR A PARCEL OF LAND ( .51 ACRES) PREVIOUSLY IDENTIFIED AS A PORTION OF ENCLAVE NO. 1 IN THE ENCLAVE ACT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an Annexation, Future Land Use Map amendment from County MR-5 (Medium Density Residential-5 units per acre) to City LD (Low Density - 5 units per acre) , and initial zoning of R-1AA (Single Family Residential). The subject property is approximately .51 acres and currently vacant. The parcel is located on the east side of Swinton Avenue south of Tangerine Trail extended just north of N.W. 22nd Street. BACKGROUND: This item involves a parcel that was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act. The Delray Beach Enclave Act (H.B. 1061) was enacted by the 1986 Florida Legislature. It provided a mechanism for annexation of numerous enclaves within the City's Planning Area. The Act excluded all provisions of the standard annexation processes required by F.S. 170.0413 except for the requirement to develop an urban service plan. A local referendum required by the Enclave Act was approved by voters in November, 1986. An enclave report (urban services report) was subsequently prepared for all properties identified in the Act (Enclaves 1-70). The subject parcel was identified as part of an enclave that was eligible for annexation under the Act. It was to be annexed as part of Enclave #1. On August 22, 1988 the Planning and Zoning Board recommended approval of the annexation and initial zonings for parcels within Enclave No. lo On October 11, 1988 the City Commission approved the annexation and initial zoning of Enclave No. 1 via Ordinance 111-88. , . - city Commission Documentation Initiation Annexation, LUA, and initial zoning (Enclave 1) Page 2 Recently, it has been discovered that the subject parcel ( .51 acre) was inadvertently left out of the Enclave #1 annexation ordinance and was not annexed with the balance of enclave properties. To correct this error, the City Commission is being asked to initiate the Annexation, Future Land Use Map Amendment and initial zoning of the property. Once initiated, the item will be scheduled for a regular public hearing before the Planning and Zoning Board, and two readings by the City Commission. RECOMMENDED ACTION: Initiate an Annexation, Future Land Use Map Change from County MR-5 (Medium Density Residential - 5 units per acre) to City LD (Low Density Residential - 5 units per acre) and initial zoning designation of R-1-AA. y:enclave3 , , C'- .. :... ~ ~.~ i \.~\\ ~)~J~)~- 10[-.. \ : 'II ~.)> .71'...~, . \ /'0..'1 '@ , FH' t ~ NW 241h CT ()1 ;:j - - r-" ::. ..... \\ \ tT\::O """"'0: \ I'J8 F.;'" \' ~ ) UI; ~ cl I; ;:;. . ~ @/JJ o - ~ · r \J' ~~6~ ~ > - ~ .," ~ @f o~ rfJI. (") \f\ . ~ N \ ()1. ;..J 0) ~ :~' :Xl 'Z. UJ ~. ,~.. . 0 "T '. - ' V'; ~ 0" ,~ \ ,..\.. \ ()1 @ ...' '._ '.. _ I h 5T 0 RD t /r: NW 241 - l!"'-'- '.. // '8' r".' I" \, \>>-1 - UI . 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T _ t ~~~ ~ N ~(')rC)~ ~ ~ ~ o:I: )> (') o c z '. , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 19~1 SUBJECT: AGENDA ITEM # 1C MEETING OF SEPTEMBER 27, 1994 FEE WAIVER/ST. PAUL'S A.M.E. CHURCH DATE: SEPTEMBER 23, 1994 This is before the Commission to grant a waiver of the rezoning appli- cation fee for St. Paul's A.M.E. Church on N.W. 5th Avenue. The church is requesting the rezoning from GC (General Commercial) to CF (Community Facilities) in order to accommodate proposed building additions which are not allowed based on the current GC zoning. At the time of the Citywide rezonings and adoption of the LDRs in 1990, it would have been appropriate to place a CF zoning designation on the church property. Since the failure to change the GC zoning at the time of the Citywide rezonings is partly the fault of the City, there is a basis for granting a waiver in this case. Recommend that the rezoning application fee for St. Paul's A.M.E. Church be waived, pursuant to LDR Section 2.4.3(K) (7) (b). ~cm~ . f4 C I T Y COM MIS S ION DOC U MEN TAT ION TO: MANAGER THRU: ZONING FROM: SUBJECT: MEETING OF SEPTEMBER 27, 1994 .. CONSENT AGENDA .. CONSIDERATION OF A REQUEST TO WAIVE THE REZONING APPLICATION FEE FOR ST. PAUL'S A.M.E. CHURCH ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting of a waiver to the required fees associated with a request to rezone St. Paul's A. M. E . Church on N. W . 5th Avenue from GC (General Commercial) to CF (Community Facilities). Pursuant to LDR Section 2.4.3(K)(7)(b), a waiver of payment of the application and permit fees may be granted by the City Commission for good and substantial cause upon written application through the City Manager. BACKGROUND: The Planning Department has received a request to rezone St. Paul's A.M.E. Church from GC (General Commercial) to CF (Community Facilities). The Church is requesting the rezoning in order to accommodate proposed building additions, which are not allowed based upon the current GC zoning. Wi th the adoption of the City's Land Development Regulations (LDRS) in October of 1990, churches were eliminated as a condi tional use in the GC zoning district as well as other commercial districts. Thus, the church is presently a legally established nonconforming use. Although the church may continue to conduct services and other associated activities, the existing church cannot be expanded to occupy any additional land area. At the time of the Citywide rezonings and adoption of the LDRs in 1990, it would have been appropriate to place a CF zoning designation on the church. Typically, errors that have occurred with the Citywide rezonings have been corrected through the City initiated rezoning process. . city Commission Documentation Meeting of September 27, 1994 Waiver of the Rezoning Application Fee for St. Paul's A.M.E. Church Page 2 ANALYSIS: Pursuant to LDR Section 2.4.3(K)(1), the rezoning application fee is $900. The Church does not qualify for an administrative fee waiver, which may be granted for certain organizations and events. As the failure to change the GC zoning at the time of the Citywide rezonings is at least partly the fault of the City, there is a basis for granting a waiver in this case. RECOMMENDED ACTION: By motion, pursuant to Section 2.4.3(K)(7)(b), grant a waiver of the rezoning application fee for St. Paul's A.M.E. Church. Attachment: * Letter of Request Y. CCSTPAUL. DOC . t' \ , , . - I m9E'izabelh D_ebs . R a I p he a n Ii ~_ C Architects. Inc. August 23,1994 -- +_. -- --- Diane Dominguez Director Of Planning and Zoning 1.- City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Rezoning Application St. Paul A.M.E. Church 119 N.W. 5th Avenue Dear Diane, We are ready to file an application for the rezoning of St. Paul A.~1.E. Church from General Commercial to the appropriate Community Facility. At this point, I would like to request a waiver for the traffic study and a waiver for the $900 filing fce. The renovation plans for the Church are intended to make the existing congregation more comfortable rather than to expand the facility in anticipation of a larger group. The major work will be the addition of a new entry feature, the improvement of the Parish Hall and the addition of some classrooms to run Sundav School concuncrH with service. The preliminary plans which you saw in June show an incrca~l' of about 45 seats to accommodate overflow on special occasions (the Sanctuary currently seats around 280). I don't believe that the changes to the facility will significantly alter the traffic in the neighoorhood. Several years ago, the Church Board considered a renovation, TIley believe that the City was prepared to waive the filing fee for reroning at the time. Given the historic significance of the site and its continuos operation as a religious instilUliol1, such a waiver would make sense. 1 expect the application to be filed by Friday September 2. in time for your deadline. If you have any questions, please let me know. ~ ce. Sam McGhee ~~(f;m:HWIEIDJ Construction Chairman AUG 24 1994 PLANNING & ZONING 100 N.E, 5th A venue #B-l Delra} Beach. FL 33483 :.07 -278-3635 407-243-8184 (Fax) . I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # ~.D MEETING OF SEPTEMBER 27, 1994 ACCEPTANCE OF EASEMENT DEED/LINTON OFFICE PARK DATE: SEPTEMBER 23, 1994 This is before the Commission for acceptance of an easement deed for a sanitary sewer extension associated with Linton Office Park. This property is located on the south side of Linton Boulevard, just east of the Linton Oaks Square commercial development, Boca Rey Plaza. During the review of the proposed subdivision plat of the property, it was discovered that in order to provide sanitary sewer service to the site, a sewer main extension would need to be provided through Boca Rey Plaza. As the extension will be located on property outside the subject plat, a separate easement deed will need to be executed by the owners of Boca Rey Plaza and Linton Office Park. Recommend acceptance of the sanitary sewer easement deed for the extension of a sanitary sewer through Linton Oaks Square (Boca Rey Plaza) . . . oK t'J1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: EN~ CITY MANAGER \ \ THRU: -------- FROM: SUBJECT: MEETING OF SEPTEMBER 27, 1994 ACCEPTANCE OF EASEMENT DEED **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of an easement deed for a sanitary sewer extension associated with Linton Office Park. Linton Office Park is located on the south side of Linton Boulevard, just east of the Linton Oaks Square commercial development (Boca Rey Plaza). B A C K G R 0 U N D: In April, 1994, the Planning and Zoning Department received a proposed subdivision of the subject property into six lots to accommodate medical office facilities. During the review of the plat it was discovered that in order to provide sanitary sewer service to the site, a sewer main extension would need to be provided through Boca Rey Plaza. As the proposed sanitary sewer extension will be located on property outside of the subject plat, a separate easement deed executed by the owners of Boca Rey Plaza and Linton Office Park is required. The sanitary sewer easement deed has been properly prepared and is ready for City Commission acceptance. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for the acceptance of an easement deed. '. . City Commission Documentation Easement Deed Acceptance - Linton Office Park Page 2 R E COM MEN D E D ACT ION: By motion, accept the sanitary sewer easement deed for the extension of a sanitary sewer through Linton Oaks Square (Boca Rey Plaza). Attachment: * Location Map, Reduced Plat, Easement Deed T:L:rNESMT.DOC . ' . 2 II I I I It I r $H[AII'OOO - I I I I I I I I I L- AkI' ~. I I 11 / ~I - ~ f--Y =-- I I ~ - I I f--L/ I I-- WJIDD DllNI ...J I I W - I I 0( ~ I I- Lr /111 ~ I J I 11 -1 ~l I I I R< mw I LIJU i~i 11- _=-3 A1M ~r_ ~ ~$' ~~v~.f' I ~ -- 1 f7:1J~ '.L ~~~ ~ 1 a ~~ ~o~ I I II r )1 I LINTON BOULEVARD . CANAl L-36 ~~ ~ z;:>'~ 0.;) ~",1.t-') o9o-to c; ~~ \lot-'" ~, IL ~l'~'" ~rP' ~ ~ ( ~~ L ~ ~ >- SOUTH cou~--I------- I ~~*" ~ - ~ MENTAl HUlTH ~t-~"\ 0( I , l- I--- ~"'I SOUTH COUNTY I (BLOODS I I ! \\ ..J PRorESSIONAli::j I GROVES) 0" i I ~O i ::I (PHASE I) I I ?G~~ r 1\ ~ \:; q ! I ,-- ~ CIlQ.( L I I - (TAHERI I I . PROPERTY) I I '--- I I I JJ , I f I , N - LINTON OFFICE CENTER ~G llEPIlRTMElfl CI fY OF" DEUA' ICACIi, rL -- DIGITAL BASt IUJ' SYS7DI -- , , . LINTON OFFICE PARK A SlmIVISION Of' 11E ~noST 1/4 OF Tt€: f NORTHWEST 1/4 Of' ltE NORTHwEST 1/4 Of' SECTION 25 ' TOWNSHIP 46 SOUTH, RANGE 42 EAST, PAlM 8EAOi (;()lI.iTY, flORIDA I '-_._......M ~- j i_,,; LINTON BOUlEVARD ' . · I~ 18 avw VARIESI I ~ . ,"", f : I ! I 672.04' I I I ,.A ~~~ ;"'--~''l.l.P--~;~--------:-/- · r'~.' / . ., t_, ~r ! ~I . r ""'.,.r K \l . ,/ ~ t - r:::"::'-,!-r- ,-=:!RACT.~ I ~~. , I " I ( ?:.. '.l.. "1l8"41'06'( )')6.)6" . .~ ,." . It:. . ;.j', _'''': . t. lOU' , -- I · - .r:: ~ - W- - - :-;.- - - - - - - - [- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~~ ; 1,1: I ~ill'.u.a , .1 ---...... .. I .----------1..':"----- '-r..,--..... .~ ~' '~"--="'~, _ _ ~ .:...:- I T~l _ ~ _ _ _ _ 1 ". r'l .....,...0:-....., - - - - - I,. e. ~'I .n.. 'r J , ..,..-_ ~ , I .,... ____ _ _ ':-iJ ,1.1 - . I '~.;....i..;(..... . I I ~.I ..'" .r. .~ . II I.~ : ~, \..\..!.I .. 0) : " i I : ....IIV~ '~ t !~I USACIQ . ~-". I' ~1oCIlE1 ; J ~ : I 10 ~I: : !:.s. . : a: J ,$ 01.. . .!..3 . ! .....r.o-r 1~0C' _ S....r)r. JH'J" . ~UC - ..... ..' ~ I ! ; . \ ~ t!;. ; . ; J: I~I : !: J l"lt. ~ ~ I iE, 0 '" · !~, I: "".11. '-V - _ _. ,. USAOU lUIllQ. ", , I lIOAQID : -I ~ 10'''' , .."-i t (..~ ;,t: .:.as"""'., . :! . -"",,~'~'I" hi'''') " .~ \..:-M," 'fl... ,.....:-- ~'::L .' . '. ~~,.". -a:I~1 '~ ,a..:t' ~ _ . , \ -;.-, I ...~.~ . i' ""..1 -.,~ _ ,I! ",w,'':. _ _ .1:!'; .?'1l'" . II '::~______ l'---~'_:~::~~..~ ' " _J.u :.:.J..:.!8~~-~ __.__;;~_-...~ ic..........~.x ~- ------------------ -'& >>'.:----~ .I:, ;:r--:. -,--.., 1 ....:t;~,. _".. ~ "", ....;'V" -':-'.1" ,.-- ~.. ~ --:-..~.- .. "t:...... ~ ,'}:\a., . . T '. -.:... -- -.'-:;- ~ ,..~~.........:...rr,~...~. . .-- \w.;........ ., -. ~~' <...~~... _ ...:-:.!- I" ' ~ ..:.. ~...r--- '" . .,~ .: I. .. I . ': .. ;: ~ .~r I f. ':' ~ ~ ". , I~. ~ 'V ~ ~ I";' ! . .' "' . ~IQ". - '-V i . '. . , \JUaa lUtClO.n. ~ ~ WAT[Il~EASDOf.~ i: : . I -', i'" " ~ ~K" ; '~~'''\~'.: :.~: :- ,,,-1..~ . !~;. ~ :.;;~ ~ ~":~~.~ .. . .. .i. .. --, .". . '38- W . 612.2 =.~ '. -- --, -'- - . S.. 42 ~......- 1 1 '. . -", " , KASEl'IENT DEED ( ~HIS INDENTURe, made this If day of ~ ' 1994, by and betwQ$n BRP Properti.., a Florl~eral Partners p, parties of the tirst port, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, stato of Florida, party ot the second part. WITNESSETH: That the parties of the first part, for and in consideration at tho sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt ot which Is hereby acknowledged, does hereby qrant, barqaln, sell and release unto the party ot the seoond part, its successors and assignet a right of way and perpetut!.l easoment for the purpose of: Sewer Connectton with full and tree right, liberty, and authority to enter upon and to install, op.rate, and _inta!n suoh Utility Easement under, across, throuqh and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit; DESCRIPTION SEE BXHIBIT "A" ATTACHED lIERETO Concomitant and coextensive with this right is the further right in the party of the second part, its successors ana 8ssi9ns, ot inqress an~ eqresB over and on that portion or land described above, to effect the purposes or the easeJUent. That this eaSeMent shall be subjeot only to those easaments, reatrictions, and reservations ot record. The parties of the Cirst part also agree to erect no buildinCJ or effect any other kind of construction or improvements upon the above-described property. Parties of the Cirst part do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persona whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above described easement. Where the context of this Easement Deed allows or permits, the same shall includa the successors or a..i9Rs of the parties. IN WITNESS WHEREOF, the parties to this Easo~ent Deed set their bands and seals the day and year first above written. 50 S. University Drive, ste 0 Plantation, FL 33324 STATE OF ~ A. COUNTY OP ~'> The tore9oing instrument was ackno~ged before me this ~ day of _"'5~J't!; , 1994, by mM.vc':;> ~,.,..;)<>'tiiILIN, who i. personally know to lie/or has produced as identification and who did (did not) take an oath. Notary Public Title or Rank Serial Number, if any OFF1C!AL NOTARY SEAL JAMES W INKLEBARGER NOTi'.:U F'':!::L!C STATE OF FLORIDA C.:J.T,fESION NO. CC3435iJ.l MY CC:.::.u:srmJ C":P. FEn. 211998 '. . r '.' LAWSON, NOBLE & ASSOCIATES, INC. · CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA PHONE (407) 684-6686 . DESCRIPTION: '2 FOOT UTILITY EASEMENT A STRIP OF LAND LYING WITHIN THE PLAT OF LINTON OAKS SQUARE AS RECORDED IN PLAT BOOK 51, PAGE 118 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING AN EASEMENT 12 FEET WIDE, LYING 6 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, COMMENCE AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 46 SOUTH RANGE 42 EAST; THENCE NORTH 88041 '06- EAST, A DISTANCE OF 672.19 FEET; THENCE SOUTH 01023'48- EAST, A DISTANCE OF 501.50 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 76059' 46- WEST, A DISTANCE OF 5.10 FEET TO A LINE 5.0 FEET WEST OF AND PARALLEL TO THE EAST LINE OF LINTON OAKS SQUARE AND THE POINT OF TERMINATION OF THE CENTERLINE OF SAID 12 FOOT WIDE UTILITY EASEMENT. CONTAINING 60 SQUARE FEET MORE OR LESS. SAID LANDS SITUATE, LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. BEARINGS BASED ON THE BEARING OF SOUTH OP23'48- EAST ALONG THE EAST LINE OF SAID PLAT OF LINTON OAKS SQUARE. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THE SIDE LINES OF THE ABOVE DESCRIBED STRIP SHALL BE LENGTHENED OR SHORTENED AS NECESSARY TO MEET THE PARAMETERS AS DESCRIBED. REFERENCE ATTACHED SHEET FOR A GRAPHIC DEPICTION OF THIS DESCRIPTION. THIS SKETCH IS rIDT VALID ~~ UNLESS IT BEARS AN ORIGINAL StG.'4ATURE AND AN EM~ CBmFlCAT1ON: suRVEYORS SEAL I HBlBY CBnFY THAT 1ltE DElICNI'TION AHD ATTACIED IXETCH Of DDCIIPT10N WEIll PREPARED IN RalISTIJIB) D aURVFfOR NO. 274& ACCORDANCE WITH THE &UftVEVINQ aTANDARDa. CHAPTER '1017-41. RONDA ADMINISTRATIVE CODE. &E1' ITATEOF~ FORTH IY 1ltE FI..OAIDA aoNlD Of lAND auNn'OM. Pl.NUANT TO as::nON 472,07. RONDA aT ATUTEI. AND DATE: ///t9, 1& 11WE AND COf'IIIICT TO 1ltE auT OF MY KNOWlEDGE AND IBJIF. REVISIONS-UPDA TES DATE BY CK'D NOTE: no 1& NO{ A IXETCH OF aURVFf. auT ONLY A ClI'UU'NC DEPlCT10N OF THE DUCflI'11ON aHOWN t6\EICIN. 1lERE HAl a&IiI NO AELD WORK. VlEWlNO OF THE &I&I&::T PROPBrrY. OR MONUMENTa &E1' IN CONN&::T1ON WITH THE """MAllON Of' TKa 'Nf'O~T1ON _WN _N. NOTS: LANDa SHOWN fBIEl)N wu.E NOT AUTRACTiD FOR flIQHf-OF-WAY ANDIOR EAllMBn'a OF NICORD. JOB NO.: 94-126 BY: SlS I CHECKED: ADM F.B. - PG. - I SHEET 1 OF 2 ZRP\SRVy\SKETCH\941 26 , .h__ _ ., .,' , LAWSON, NOBLE & ASSOCIATES, INC. . . , CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA PHONE (407)684-6686 SKETCH TO ACCOMPANY DESCRIPTION NORTH LING SECT. 25, TWR 4G 0, RIVe. 42 e 2~ . '~72./eJ' - ~ N.8804/'CXO# E. PO/J.IT OF COMMENCEMENT NORTH WEST CORNER BECTOV 25 TOWNSHIP 4(2; fYJUT7-IJ RANGE 42. EAsT BeALE: ... ~ I" = 10' }~. -....: .. I ~ ~ , &k d.. k ~.~ J: Q ,..... , Q 0 .~.: .--- lJj Q ..:....., ~ ........... "811 ll~ f/ . tJA(l.e; :d o oE " ~~ . ~ '3~ N 0(>. pe. If>) I~{ %rft L.I rJJ?e>. !>, ) 'e ~ e1t-l t- I et .~. >-.h. eJl f{D a;6 h< . '01.\0' ~~ 6,pe-d \--. rj ~ o.of>{j.L1Ifl ::::> UJ .f ~\o ... (f) 0" ~~ to ~ ~ ~\ (\J l1J ~ SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION ~. ~-I'2G BY I 6LS CHECKED I ADM F .B.- PC.- DATE I fj-lfJ-B4 -- , , 0/< etJt1 [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line DELRA Y BEACH (407) 243-709l f l 0 If lOA ~ MEMORANDUM AII.America City , , II J(1ATE: September 2l, 1994 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Contract - Vulcan Peroxidation Systems, Inc. This Agreement extends the current Agreement with Peroxidation Systems, Inc. until December 3, 1994 in order that the current contractor can supply odor abatement chemicals to our lift stations, during the time we are going to rebid the service. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the City Commission agenda of September 27, 1994 for Commission f!?i SAR : c . . Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk William Greenwood, Director of Environmental Services Dick Hasko, Deputy Director of Public Utilities @ Printed on Recycled Paper 8E .. 1:[ r Agenda Item No.: AGENDA REOUESt' Date: September 21, 1994 Request to be placed on: --K-- Regular Agenda _____ Special Agenda _____ Workshop Agenda When: September 27, 1994 Description of item (who, what, where, how much): Staff request City Commission consider for approval final payment to Mock'Roos & Assoc.. Inc. for their con- sulting services as required in Service Authorization #1 in the preparation of the Storm Water Master Plan. This plan has now been completed and staff is in the process of having it adopted throu~h the Planning and Zoning Board and City Commission. Final payment is in the amount of $ 7.339.84. The total contract amount is $ 89.000.00 to be funded from the Storm Water Utility Account Number 448-5411-538-62.12. Purchase Order 503230. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO - - Recommendation: Staff recommends approval of final payment to Mock Roos and Associates for the Storm water Master Plan in the amount of $ 7,339.84. Department Head Signature~ 4?~D~ .,} rpt/qj Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all itema involving expenditure of funds): Funding available: YE ~NO Funding alternative ~ '. (if ~liCable) ^ ,I Account No. & Descri~on --~/-S~.f;1/-IJ- ORJ11.vtJATEJ2 tlA-S~PUtN Account Balance --;5 '. ' City Manager Review: Approved for agenda: ~/NO r'Y/ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt . , MODIFICATION NO. S TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND PEROXIDATION SYSTEMS INC., KNOWN AS VULCAN PEROXIDATION SYSTEMS, INC. This Agreement is made this day of , 1993, by and between the City of Delray Beach, Florida (the City), and Vulcan Peroxidation Systems Inc. (the Contractor). WHEREAS, the City and the Peroxidation Systems, Inc. entered into an Agreement, awarded on April 11, 1990, which was effective from October 1, 1990 through September 30, 1991; and, WHEREAS, the Agreement included the invitation to bid, the Purchase Order (No. 19662) and the terms, conditions, and specifications; and, WHEREAS, the Agreement was amended September 27, 1991 (Amendment No. 1) , October 29, 1992 (Modification No. 2) , September 28, 1993 (Modification No. 3) and, March 14, 1994 (Modification No. 4) ; and, WHEREAS, the Agreement provides that the initial contract period of twelve (12) months may be extended by mutual agreement for additional twelve (12) month periods up to a cumulative total of thirty-six (36) months; and, WHEREAS, by mutual agreement, the parties amended the Agreement with Modification No. 4 to provide a termination date of September 30, 1994. WHEREAS, the City declares an emergency and finds it is required to extend the contract for three months, until and including December 31, 1994 in order to provide the necessary services and chemicals provided by the contractor. 'I. ' NOW, THEREFORE, FOR AND IN CONSIDERATION THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: L The recitations set forth above are incorporated herein and made a part hereof. 2. The services provided under the Agreement as modified shall extend until and including December 3l, 1994. 3. Either party may cancel this contract, in whole or part, by giving thirty (30) days prior written notice in writing. 4. All terms and conditions contained within the the Agreement effective for fiscal year 1990/1991 between the City and the Contractor, and all modifications, thereto, except as may be in express conflict with this Modification No. S to the Agreement, shall remain unaffected by this modification and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered this Modification No. S to the original Agreement between the parties as of the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to Form: City Attorney 2 " ' CONTRACTOR Vulcan Peroxidation Systems, Inc. Witness: By: Title: name printed or typed (SEAL) name printed or typed STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corpora- tion, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any (Notary Seal) 3 " ' I M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJt'1 SUBJECT: AGENDA ITEM # ~ F MEETING OF SEPTEMBER 27, 1994 FINAL PAYMENT/MOCK ROOS AND ASSOCIATES, INC. DATE: SEPTEMBER 23, 1994 This is before the Commission to approve final paYment to Mock, Roos and Associates, Inc. for consulting services under Service Authoriza- tion No. 1 in the preparation of the Stormwater Master Plan. The plan has been completed and staff is working to have it adopted through the Planning and Zoning Board and City Commission. The final payment is for $7,339.84, with funding available in the Stormwater Utility Fund - Master Plan (Account No. 448-5411-538- 62.12) . Recommend approval of the final payment in the amount of $7,339.84 to Mock, Roos and Associates, Inc. , ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM: TO: David T. Harden City Manager . _Ill THRU: William H. Greenwood pJ~ Director of Environmental Services FROM: R~lph E. . Hayden, PE~ e3j} C1ty Eng1neer SUBJ: Agenda Request, Final Payment for Mock Roos and Assoc, Stormwater Master Plan, proj 91-63 DATE: September 21, 1994 Attached is an agenda request and back up materials for final payment to Mock Roos and Associates, Inc for the Storm water Master Plan, Service Authorization No 1. The plan has been completed and staff is working to have it adopted through the Planning and Zoning Board and City commission. The final payment is for $7,339.84 and the total contract amount is $89,000.000. Funding is available in the Stormwater utility account number 448-5411-538-62.12, Purchase Order 503230. Because of the extensive rework required this project cost the consultant $192,105.78 and was two years and three months late. Also attached is a consultant evaluation form. , . . - '1 /- ~ :3 '} MOCK,ROOS & ASSOCIATES, INC. ENGINEERS · SURVEYORS · PLANNERS 5720 CORPORATE WAY · WEST PALM BEACH, FLA. 33407 · TELEPHONE (407) 683-3113 May 10, 1993 Revised September 8,1994 Invoice No. 4062 Project No. 91167.00 City of Delray Beach Attention: Mr. Ralph E. Hayden, P.E. 434 South Swinton A venue Delray Beach, FL 33444 P.O. 503230 Revised Invoice to replace Invoice dated 05/05/93 For: City-Wide Stormwater Master Plan Professional Services for the Period December 4, 1992 through April 7, 1993 Professional Personnel Hours Rate Amount Field Re re-seiitatlve--- .------- 7.0 $39.53 $276.71 Off~ceS JTY OF DELRAY BEf\(~H 1.0 44.73 $44.73 Project a ~er ..' H 0.2 90.00 $18.00 Office S ~ f10NMENTALSERVICES DEPARfMP 2.0 37.20 $74.40 Surveyo PAYMENT REVIEW 49.3 63.95 $3,152.74 Drafter r~TIAL PAYMENT 4.0 44.95 $179.80 Office S fi FINAL PAYMENT 15.9 34.10 $542.19 Enginee 64.2 60.08 $3,857.14 CLJ '~ .2 C;? (\ 0.5 31.00 $15.50 Office S ff:O,:I:___._.,_._____~-~~-- Office S ff.'tLq ,,' '-,' I ,-. ',. ',') /;1 0.5 22.48 $11.24 'fUrcET 'r;"T 'I, '/' (.' f"> /1 - ~'_>(' (.,_r -. 48.00 $528.00 Office Sf) 1 - 1\ .'.. ,h.____._.._._____~____ 11.0 Office S f\,. _______~____ 1.2 38.75 $46.50 \ J ,--...."------ Drafter (SI\:1I-lATURE) 7,6 43.40 $329.84 Project anager .. Engineer - 0,5 80.60 $40.30 '-' ...- .-. _. -...---- --- '-- - '...,.~. 9.5 39.53 $375,54 Dra~ter (Pill/~} l ' Eng~neer 11)!"'JT:.._._.___._~~z.lL2r_---- 300.0 67.12 $20,136.00 DeSigner ____ ____,,_. 23.5 41.08 $965.38 Office Staff 2.0 27.13 $54.26 Drafter 197.0 41.08 $8,092.76 Field Representative 39.0 47.28 $1,843.92 Project Manager - Engineer 40.8 90.00 $3,672.00 Project Manager - Engineer 1.0 75.00 $75.00 .,..-- - Totals 777.7 $44,331.95 Total Labor $44,331.95 Reimbursable Expenses Photographs $33.18 Misc. Reimbursable Expenses 30.00 Continued. . , . . . City of Delray Beach May 5, 1993 Revised September 8, 1994 Page 2 Hours Rate Amount ~- Reimbursable Expenses (continued) Reproductions 565.37 Photographs 23.20 Long Distance Calls 4.72 Computer Usage 5,370.00 $6,026.47 $6,026.47 Above subtotal $50,358.42 Additional Labor and Expenses from April 8, 1993 to Date to revise per City Engineer's comments $60,087.20 Total Services from December 4, 1992 to date $110,445.62 Services Previously Invoiced and Paid $81,660.16 Engineer's Total Amount of Labor and Expenses for the Project $192,105.78 Amount to be paid this Invoice $7,339.84 Contract Amount: $ 89 ,000:l:l0 Amount this Period: $7,339.84 Amount Previously Billed: $81,660.16 Remaining Amount: $0.00 Submitted By: O~~:?' Dale Wm. Zimmerman, P.E. President , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fI1t1 SUBJECT: AGENDA ITEM # X>G MEETING OF SEPTEMBER 27, 1994 CHANGE ORDER NO. 1 AND FINAL PAYMENT/JOHNSON-DAVIS, INC. DATE: SEPTEMBER 23, 1994 This is before the Commission to approve deduct Change Order No. 1 in the amount of $1,750.10 and a time extension of 71 calendar days, along with request for final paYment (inclusive of the Change Order) in the amount of $11,741.49 to Johnson-Davis, Inc. for completion of their work on the S.W. 7th Avenue Roadway and Utility Project. The work is complete and has been reviewed by City staff for compli- ance with the contract documents. All related project closeout documents have been received and are acceptable. Recommend approval of deduct Change Order No. 1 and final payment to Johnson-Davisr Inc. in the amount of $11,741.39, with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84) . ~un~ , Agenda Item No. f( {..; AGENDA REQUEST Date: September 20, 1994 Request to be placed on: __X__ Regular Agenda Special Agenda Workshop Agenda When: September 27, 1994 Description of item (who, what, where, how much): Staff requests City Commission approve Deduct Change Order #1, and Final Payment to the contract with Johnson-Davis, rnc., for their work on the SW 7th. Ave. Roadway & Utility project. Also included is a seventy one (71) calendar day time extension for various changes and scheduling delays. The work has been completed as required by the contract documents, and City requirements. The final payment amount is for $ 11,741.39, which includes deduct chan?e order #1 of -$ 1,750.10. Funding is available under the .Gc.l"leJ::...l COI.!lM\:1Ctl.Ol'i Fund, Road ReCOh!ltn.ction hmd aecount ~ J34 3162 541 G3.10. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff requests approval of deduct chanqe order #l and final payment to Johnson-Davis, Inc. in the amount of $ 11,741.39. ~{~ Department head signatur~t)"4f ~ .Pa-<C.(.J.J~ If/7&> /t:jl/ I Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): 19 Funding available: YE YNO Funding alternative (~f a&Pli~ Account No. & Oeser i pti o~"'7-- -!O{7[,-S?(;,. bJ-,<fJ{- Wp It Q, ~ Account Balance /:::3/'44/. City Manager Review: 1 Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9234\agreq927 . ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager ~ From: William H. Greenwood tJt/4 Environmental Services Director Date: September 20, 1994 Subject: Agenda Request Change Order #1 & Final Payment to Johnson-Davis, Inc. SW 7th. Avenue Roadway & Utility Construction Project No. 92-34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff request City Commission approval of deduct Change Order #l and final payment to the contract with Johnson-Davis, I nc . , for work on the SW 7th. Avenue Roadway & Utility Construction Project, City Project No. 92-34. Change Order #1 represents final unit price reconciliations necessary as the project progressed, and as unknown conditions were encountered. Change Order #1 also includes an increase to Contract time of seventy one ( 71) calendar days for various project changes and other problems with this project, including: A. The contractor was performing this work in conjunction with the Southwest Street Improvement project by Asphalt Construction, Inc. , and was affected by their schedule. B. There was a "clerical" error in the transmission of the Health Department submittals, and the tests became invalid, therefore, it became necessary to have them re- done. C. Our consultant made an elevation error on the survey, which became transmitted into their design, and was not realized until the project was completed, and a drainage problem became evident, requiring corrective measures. D. The contractors survey mark, benchmark, was apparently disturbed by "locals", and the precision of the work was affected, requiring re-survey, and corrective measures. This project was to be completed prior to the two new Habitat for Humanity homes being constructed on SW 7th. Avenue, and it was. The above problems, while regrettable, did not affect the final outcome of the project, other than in schedule. , The attached contractor evaluation form rated the contractor at 2.64 out of a possible 4.00 points, which is marginal to satisfactory, reflecting the stated problems with this project. The work is complete and has been reviewed by City staff for compliance with the contract documents. All related project closeout documents have been received and are acceptable. Staff recommends approval of Final payment to Johnson-Davis, Inc. , in the amount of $l1,741.39 which includes -$ 1,750.10 for deduct Change Order #1. The original Contract price was $88,l14.00, the original engineers estimate was $61,629.15, and the original budget was $88,477.00. The difference between the consulting engineers estimate, and the actual cost reflects their omission of size of project, location, and lack of anticipated contingencies usually associated with this type of work. Funding is available under the General Construction Fund, Road Reconstruction Account No. 334-3162-541-63.10. cc: Jose Aguila 92-34 (D) \ESD\9234\colfinl , CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1- Final PROJECT NO. 92-34 DATE: September 20, 1994 PROJECT TITLE: SW 7th. Ave. Roadway & Utility construction TO CONTRACTOR: Johnson-Davis, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: This change order represents final unit price reconciliations necessary due to actual field adjustments and existing job conditions. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 88,114.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 88,114.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ (1,750.10) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $86,363.90 PER CENT DECREASE THIS CHANGE ORDER 1.98 % TOTAL PER CENT DECREASE TO DATE 1.98 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 71 CALENDAR DAYS TO 8/10/94 date Johnson-Davis, Inc. (sign & seal) TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 334-3162-541-63.10 DEPARTMENT FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA RECOMMEND: ~~A "- II*- __",f/ f/~/~o/'" By its City Commission By: DIRECTOR MAYOR ATTEST: APPROVED: By: City Attorney City Clerk \esd\9234\927agco1 , . . ( ) - APPLICATION AND CERrr IF ICA'1'E FOR PAYMENrr P::r::-c>:j~c:t.: TOI CITY OF DELRAY BEACH, ENVR. SERV OPT Application No: 6 Final Period To: 9/9/94 ,- ~ 1l0u iI-A, Attn: \.' 0 ;);: Contract Date: 2/3/94 Via I Architect's Project No.: 92-34 - CHANGE ORDERS APPROVED IN THIS PERIOD Application is made Cor payment as shown below. NO. DATE ADDITIONS DEDUCTIONS The present status oC the account Cor this Contract 1s so (ollows: .t " ORIGINAL CONTRACT BUM ........................... 88,114.00 1 9-12-94 (1,750.10) NET CHANGE BY CHANGE ORDERS ..................,.. - (1 , 750. 10) CONTRACT SUM TO DATE ............................ '86,363.90 TOTAL CCffi'LETED , STORED TO DATE ................ -86, 3 6 3 . 9 0 RETAINAGE: ~\ OF CCffi'LETED WORK ............... - -0- TOTAL RETAINAGE ................................. - -0- TOTAL EARNED LESS RETAINAOE ..................... -8 6 , 3 6 3 . 9 0 CURRENT: - (1,750.10) TOTAL PREVIOUS JlMOUNTS CERTIFIED .............,.. -74, 622 . 51 , CURRENT PAYMENT DUE ............................. -11, 741 . 39 TOTAL FOR PREVIOUS PERIODS: BALANCE TO FINISH PLUS RETAINAGE ................ - -0- TOrAL: - (1,750.10) PJoOUNT CERTIFIED ................................ CONTRACTOR · S APPLICATION FOR PAYMENT CERTIFIED BY Signed: a~~ III Signed: By: Robert E. President By: ) Date: ~ppt-pmhpr 1 ? lqqL1 Date: , '.' Johnson-Davis Inc. 604 Hi11brath Drive Lantana, Florida 33462 , I' I CERTIFICATE OF SUBSTANTIAL COMPLETION I S.W. 7TH AVENUE ROADWAY AND UTILITY CONSTRUCTION CITY OF DELRAY BEACH PROJECT NO. 92-34 CONTRACTOR: Johnson-Davis Inc. CONTRACT DATE: January 18, 1994 I Ii! .: I ;' t This certificate of Substantial Completion applies to all Work Ii'! under the Contract Documents or to the following specified ::1 ;1 ~ parts thereof: .' I: ~ .. [11 r)' !il ;:1 ~- ~ 1 TO: - city of Delray Beach, Florida i i AND TO: Johnson-Davis Inc. ~ (CONTRACTOR) I 1\ I The Work to which this certificate applies has been inspected I ~ I' by authorized representatives of the CITY, CONTRACTOR and " CONSULTANT, and that Work is hereby declared to be substantial- I ly complete in accordance with the Contract Documents on: August 10~ 1994 , (Date of sunstantial Completion) A tentative list of items to be completed or corrected is ~ attached hereto. This list may not be all-inclusive, and the I failure to include an item in it does not alter the responsi- bility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list .' shall be completed or corrected by CONTRACTOR within 10 days of Substantial Completion. The responsibilities between the CITY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be ~s follows: ~- i I I I I I CSC-1 , ~ RESPONSIBILITIES: CITY . City of De1ray Beach Purchasing Officer . j 100 N.W. 1st Avenue, Delray Beach, FL 33444 CONTRACTOR: Johnson-Dav:~;s Inc. 604 Hil1brath Drive, Lantana, FL 33462 ~ The following documents are attached to and made a part of this ! certificate: i This certificate does not constitute an acceptance of Work not in accordance with the Contract documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by CONSULTANT on , 19 . I u_ I By: Title: CONTRACTOR accepts this certificate of Substantial completion on: September 13 , 19 94 . Johnson~'~vis Inc. / /,(copja9tor)! /) . ( vi,. 1/1- {~ By: (1;0./ -i. --- -.. /'-../' f{6bert E. Splnk / Title: Vice President The CITY accepts this Certificate of Substantial Completion on: , <;;- I ( D , 19 q'-i . , , City of Delray Beach By: ,&n<.: AS1"'\ L-. Title: (\--;.. c;\ - ( \.~r c) , ~~-~)"\' CSC-2 ~. -- . , . SW 7TH A VENUE September 9, 1994 J-D 94-102 Estimate NO.6 Final UNIT COMPLETED ITEM # ITEM QUANTITY PRICE TO-DATE AMOUNT 1 Maint. of Traffic LS 5,000,00 1.0 5,000,00 2 Clearing & Grubbing LS 5,000,00 1.0 5,000.00 3 Grading LS 5,000,00 1 5000,00 4 12" Stablized Subgrade 900/SY 2.00 900 1,800,00 5 8" Limerock Base 866/SY 4.00 866 3,464,00 6 1 1/2 S-III 835/SY 4,00 825 3,300,00 7 6" Stablized Shoulder 505/SY 3,00 336 1,008,00 8 15" RCP 20/LF 10,00 10 100.00 9 C Inlet IlEA 1500.00 1 1,500,00 10 Inlet Apron 2IEA 300,00 2 600,00 11 Modify Existing IlEA 750,00 1 750,00 12 Core Exist. Storm Drain IlEA 700.00 1 700,00 13 Concrete Header Curb 110/LF 8,00 98 784.00 14 Sod 820/SY 2,00 891 1,782,00 ~. 15 Stop Sign IlEA 200.00 1 200.00 i6 24" Solid White Stop Bar IlEA 250,00 2 500,00 17 4" Solid Yellow 40/LF 3,00 80 240,00 18 Case II Reflector Barricades 3IEA 200.00 3 600,00 19 Concrete n.w. Apron 2IEA 600.00 4 2,400.00 20 Flush Exist. Storm Drainage Culvert LS 500,00 -0- -0- 21 8" PYC 0-6 80/LF 8,00 82 656.00 22 8" PYC 6-8 370/LF 9,00 293 2,637.00 23 8" Pye 8-10 265/LF 10.00 265 2,650.00 24 MH (0-6) 1 3500.00 1 3,500,00 25 MH (6-8) 1 5500.00 1 5,500,00 26 Single Sewer Service 6 500.00 6 3,000,00 27 Double Sewer Service 6 750.00 6 4,500,00 28 8" CL 52 DIP 740 10.00 651 6,510,00 29 6 x 6 TS/TY IlEA 3800.00 1 3,800.00 30 6" GY W/Box IlEA 450.00 1 450,00 31 8" GY WlBox lIEA 600.00 1 600,00 "'') FH W/GV & Box liE A 2000.00 1 2,000.00 .)~ 33 13lowotr Assembly IlEA 600.00 1 600.00 34 Sample Point 2/EA 225.00 2 450.00 ff, " . , , 35 Single Water Service 11 lEA 375,00 9 3)75,00 36 Double Water Service 3IEA 500,00 3 1,500.00 37 Fill & Flush l/EA 1500,00 1 1,500,00 38 Disposal Exist Sanitary LS "1500,00 1 1,500,00 39 Disposal Exist Water Dist. LS 100,00 1 100,00 40 Utility Allowance LS 5000,00 40 2,000,00 41 Testing Allowance LS 1200,00 lAB + 1,695.75 42 Video Allowance LS l~. 500,00 .333 approx, 166.95 , 43 Indemnification LS 10,00 1 10,00 e.O. Conc -Drive behind Row 168 SY 2.30 168 386.40 Connect to 2" LS 1065,00 1 1,065,00 Additional Key Points 2EA 172.50 2 345,00 I" Overlay 312 3,65 312 1,138,80 $86,363,90 TOT AL COMPLETED TO-DATE $86,363.90 . _.~. , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER flAv? SUBJECT: AGENDA ITEM # F II MEETING OF SEPTEMBER 27, 1994 RESOLUTION NO. 78-94 DATE: SEPTEMBER 23, 1994 This is a resolution assessing costs for abatement action required to remove nuisances on 23 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 78-94 assessing costs for abating nuisances on 23 properties located within the City. . , :1 I RESOLUTION NO. 78-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF I LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- i MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, . I WHEREAS, pursuant to Sect10n 100.20, 100.21 and 100.22 of the I Code of Ordinances of the City of Delray Beach, the City Manager or his I designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in I Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- . ing to seawalls) they must abate said nuisance, or file a written 'II request for a hearing to review the decision that a nuisance existed 1 within ten (10) days from the date of said notice, failing which the I City of Delray Beach would proceed to correct this condition by abating I such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or . , il I : if the property owner (s) did request and receive a hearing, said prop- ! erty owner(s) failed and/or neglected to abate such nuisance(s) within I the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, I I WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the :I subject nuisance(s) existing thereon as described in the notice; and, ,I !I WHEREAS, the City Manager of the City of Delray Beach has, , pursuant to Chapter 100 of the Code of Ordinances of the City of Delray ;1 Beach, submitted to the City Commission a report of the costs incurred ;1 in abating said nuisance (s) as aforesaid, said report indicating the I costs per parcel of land involved; and, i WHEREAS, the City Commission of the City of Delray Beach, ! pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE :1 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ! Section 1. That assessments in the individual amounts as shown 11 by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or ,i parcels of land described in said report, a copy of which is attached , hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. , Said assessments so levied shall, if not paid within thirty (30) days 'I after mailing of the notice described in Sec. 3, become a lien upon the ; respective lots and parcel(s) of land described in said report, of the ! same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said I I - 2 - Res. No. 78-94 I i i . - - - - I , . nuisance by the City, and that said assessment is due and payable within ! thirty (30) days after the mailing date of said notice of assessment, ! after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and i other costs of collecting said sums. A Notice of Lien shall be mailed, ! along with the Notice of Assessment and this resolution. I 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 I date of the notice of said assessment(s), after which a lien shall be I placed said property(s) , and interest shall at the rate of I on accrue eight (8 ) percent per annum plus, if collection proceedings are I I necessary, the costs of such proceedings including a reasonable I attorney's fee. I Section 5. That in the event that paYment has not been received by the City Clerk wi thin thirty (30 ) days after the mailing da t e 0 f the notice of assessment, the City Clerk is hereby directed to I record a certified copy of this resolution in the public records of Palm i Beach County, Florida, and upon the date and time of recording of the i certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1994. MAYOR ATTEST: I City Clerk I I I I - 3 - Res. No. 78-94 I I I , COST OF ABATING NUISANCES UNDER CHAPTER lOO OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT 850' OF N100' OF W135' OF BLOCK 20 ALFRED BOSTWICK $ 45.00 TOWN OF DELRAY, PLAT BOOK 1, PAGE 12 SW 6TH STREET 70.00 (ADM. COST) 3, PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL (RECORDING) COUNTY, FL 33444 (43 NW 6TH AVENUE) LOT 16, BLOCK 35, TOWN OF DELRAY, GRACE BARNETT $ 50.00 PLAT BOOK 1, PAGE 3, PUBLIC 1401 39TH STREET 70.00 (ADM. C08T) RECORDS OF PALM BEACH COUNTY, FL WEST PALM BEACH, FL (RECORDING) (309 NW 1ST STREET) 33407-3631 LOT 16, BLOCK 2, ROSEMONT GARDENS MELLANIE H. HULL $ 65.35 UNIT B, PLAT BOOK 29, PAGE 101, 516 SW 7TH AVENUE 15.00 (ADM. COST) PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL (RECORDING) COUNTY, FL 33444 (516 SW 7TH AVENUE) E37.3' OF W62.3' OF S93' OF BLOCK HENRY R. DAVIS $ 45.00 11, TOWN OF DELRAY, PLAT BOOK 1, 301 SW 8TH COURT 70.00 (ADM. COST) PAGE 3, PUBLIC RECORDS OF PALM DELRAY BEACH, FL (RECORDING) BEACH COUNTY, FL 33444 (621 NW 1ST STREET) LOT 29, BLOCK 1, SOUTHRIDGE, PLAT ROBERT ASSANTES & $ 45.00 BOOK 13, PAGE 38, PUBLIC RECORDS FRED WENISCH 70.00 (ADM. COST) OF PALM BEACH COUNTY, FL 1228 SW 4TH COURT (RECORDING) (321 STERLING AVENUE) BOCA RATON, FL 33432-7171 S50r OF N250' OF W135' OF BLOCK MARY C. DAVIS $ 45.00 20, TOWN OF DELRAY, PLAT BOOK 1, P. O. BOX 6 70.00 (ADM. COST) PAGE 3, PUBLIC RECORDS OF PALM DIXIE, GA (RECORDING) COUNTY, FL 31629-0006 (31 NW 6TH AVENUE) 8150' OF W135.5' OF BLOCK 26, MARY J. GREEN $ 70.00 TOWN OF DELRAY, PLAT BOOK 5, PAGE % AMERIFIRST 70.00 (ADM. COST) 64. PUBLIC RECORDS OF PALM BEACH 17500 NW 68TH AVE (RECORDING) COUNTY, FL # 210 (415 NW 2ND STREET) HIALEAH, FL 33015-4044 LOT 16, BLOCK 72, TOWN OF DELRAY, ANDRE F. FERDINAND $ 45.00 PLAT BOOK 10, PAGE 57, PUBLIC SUSIE LUCIEN & 70.00 (ADM. COST) RECORDS OF PALM BEACH COUNTY, FL JEAN R. ORELUS (RECORDING) (314 SE 1ST AVENUE) 314 SW 1ST AVENUE DELRAY BEACH, FL 33444-3507 RES. NO. 78 - 94 , LOT 13, BLOCK 2, ATLANTIC PARK DAISY M. RAY $ 45.00 GARDENS, PLAT BOOK 14, PAGE 56, P. O. BOX 74 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BEACH LENOX, GA 31637 (RECORDING) COUNTY, FL (17 SW 13TH AVENUE) LOTS 8 & 9r (LESS RD R/W) , BLOCK DOLORES A. LIDDY $ 72.50 2, SOPHIA FREY ADDITION, PLAT BOOK TRUSTEE, % ARNOLD 70.00 (ADM. COST) 23, PAGE 14, PUBLIC RECORDS OF KURZINGER, ESQ. (RECORDING) PALM BEACH COUNTY, FL 4426 GLENAGLES DR. (911 NORTH FEDERAL HIGHWAY) BOYNTON BEACH, FL 33436-4805 LOT 19, BLOCK 2, ATLANTIC PARK J.D. AND EARLINE $ 45.00 GARDENS, DELRAY, PLAT BOOK 14, MONROE 70.00 (ADM. COST) PAGE 56r PUBLIC RECORDS OF PALM 32 EARLE STREET (RECORDING) BEACH COUNTY, FL HARTFORD, CT (39 SW 13TH AVENUE) 06120-1714 CORNICHE ALL OF PLAT, PLAT BOOK CRAFT DEV I I , INC. $ 74.75 53, PAGE 28, PUBLIC RECORDS OF 18559 LONG LAKE DR. 70.00 (ADM. COST) PALM BEACH COUNTY, FL BOCA RATON, FL (RECORDING) (SE 6TH AVENUE) 33496-1936 LOT 16, BLOCK 1, ATLANTIC PARK BERTHA PALMER $ 45.00 GARDENS DELRAY, PLAT BOOK 14, 35 NW 13TH AVENUE 70.00 (ADM. COST) PAGE 56, PUBLIC RECORDS OF PALM DELRAY BEACH, FL (RECORDING) COUNTY, FL 33881-2124 (35 NW 13TH AVENUE) LOT 27, BLOCK 1, ATLANTIC PARK BENNIE THOMAS $ 45.00 GARDENS DELRAY, PLAT BOOK 14, 1720 1ST ST. N. 70.00 (ADM. COST) PAGE 56, PUBLIC RECORDS OF PALM WINTER HAVEN, FL (RECORDING) COUNTY, FL 3388-1244 (NW 12TH AVENUE) E15' OF LOT 2, BLOCK 5, OSCEOLA J. L . & MARGARET $ 27.50 PARK, PLAT BOOK 3, PAGE 2, PUBLIC PATTERSON 70.00 (ADM. COST) RECORDS OF PALM BEACH COUNTY, FL 4517 TENNELLA RD. (RECORDING) (SE 5TH STREET) NEW BERN, NC 28562-7643 N69.5' OF LOT 9, BLOCK 78, TOWN DOROTHY MAGER $ 50.00 OF DELRAY, PLAT BOOK 1, PAGE 3, % GARTH MAGER 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BEACH 1704 HIGH RIDGE RD. (RECORDING) COUNTY, FL LAKE WORTH, FL (102 SE 2ND AVENUE) 33461-6154 LOT 2, BLOCK A, CARVER MEMORIAL JULIA SIMMS $ 45.00 PARK SUB., PLAT BOOK 20, PAGE 56, 204 NW 13TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL (RECORDING) COUNTY, FL 33444-1653 (204 NW 13TH AVENUE) RES. NO. 78 - 94 , . . S50' OF E110' OF W135' OF Sl/2 ETHEL SCOTT ESTATE $ 45.00 OF N1/2 OF LOT 6, SUB. 17-46-43, P. O. BOX 245 70.00 (ADM. COST) PLAT BOOK 1, PAGE 3, PUBLIC RUSHVILLE, NY (RECORDING) RECORDS OF PALM BEACH COUNTY, FL 14544-0241 (1119 NW 1ST STREET) LOT 3r BLOCK 4, OSCEOLA PARK, NORMAN RADIN $ 50.00 PLAT BOOK 3, PAGE 2, PUBLIC ROUTE 1, BOX 192 70.00 (ADM. COST) RECORDS OF PALM BEACH COUNTY, FL TREDWAY, TN 37883 (RECORDING) (310 SE 4TH STREET) LOTS 14 TO 16 INC., BLOCK 1, ESTERVINA MOREDA $ 67.25 SOUTHRIDGE, PLAT BOOK 13, PAGE P. O. BOX 1953 70.00 (ADM. COST) 38r PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL (RECORDING) COUNTY, FL 33447-1953 (REIGLE AVENUE) E41' OF LOT 2, BLOCK D, RIDGEWOOD MADELINE S. $ 35.00 HEIGHTS, DELRAY, PLAT BOOK 14, SANTIAGO 70.00 (ADM. COST PAGE 44, PUBLIC RECORDS OF PALM 11051/2 SW 7TH ST. (RECORDING) BEACH COUNTY, FL 33444-2250 (11051/2 SW 7TH AVENUE) LOT 21, BLOCK B, TOURIST NOOK, RUSSELL E. BROWN $ 45.00 DELRAY PLAT BOOK 11, PAGE 47, % JUNE DIMON 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BEACH 9710 WILLOW ROAD (RECORDING) COUNTY, FL WILLIS, MI (NW 8TH AVENUE) 48191-9727 LOT 55, SUNSET PARK, DELRAY, TOMASA R. CRUZ $ 45.00 PLAT BOOK 12, PAGE 65, PUBLIC 409 NW 7TH COURT 70.00 (ADM. COST) RECORDS OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL (RECORDING) (MANGO DRIVE) 33426-3622 RES. NO, 78 - 94 , , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~( SUBJECT: AGENDA ITEM # ~~ MEETING OF SEPTEMBER 27, 1994 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 23, 1994 This is before the Commission to approve the award of the following bids and contracts: 1. Bid Award - to Chemical Lime Company for bulk quicklime, at an estimated annual cost of $225,659.77 via City of Boynton Beach Co-op Bid #041-134-94/CJD, with funding from Water Treatment and Storage (Account No. 441-5122-536-52.21) . 2 . Bid Award - to Liquid Carbonic for CO2, Carbon Dioxide, at an estimated annual cost of $63,104.00 via City of West Palm Beach Bid #83/83-94, with funding from Water Treatment and Storage (Account No. 441-5122-536-52.21) . 3 . Contract Award - to Kent Meters, Inc. for water meters, at an estimated annual cost of $51,430.00 via Broward County's Bid #C-07-93-27-12, with funding from Water Meter Replacement Program (Account No. 442-5178-536-61.81) . 4. Contract Award - to various vendors for chemicals and fertil- izers, at an estimated annual cost of $123,935.45 via Palm Beach County Co-op Bid #94-73. Funding in the amount of $90,679.25 is available from Golf Course - Gardening Supplies (Account No. 445-4714-572.52-26) ; and $33,256.20 from Parks - Gardening Supplies (Account No. 001-4131-572.52-26) . . , ~ Agenda Item No.: g r.. ./ AGENDA REQUEST Da te : September 19, 1994 Request to De placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 27, 1994 Descript~on of agenda ~tem (who, what, where, how much): Bulk Quicklime annual contract to Chemical Lime Company at estimated annual cost of $225,659.77 via City of Boynton Beach Co-op Bid #041-134-94/CJD ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda tion: Award to Chemical Lime Company at estimated annual cost of $225.659.77. Account No. 441-5122-536-52.21 Department Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): .. Funding available: ~I NO Funding alternativ~~. . (i/. a~iCable) Account No. & DeS;yiO. ll'O' ~J~t:-S*'6'l/Zd- If< OS ~1/('ALS Account Balance: '7 I ('!. ' City Manager R~~iew: I~ tr1 Approved for agenda: /YE$/ NO 1 Hold Until: ~ v Agenda Coordinator Review: Received: Action: Approved/Disapproved I MEMORANDUM TO: David ~ty Manager THROUGH: Joseph Sa 'nance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: September 19, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 27, 1994 - BID AWARD - CO-OP BID #041-143-94 BULK QUICKLIME Item Before Commission: The City Commission is requested to award a contract to Chemical Lime, at an estimated annual cost of $225,659.77. Background: The Water Treatment Plant has a need of an annual contract for Lime (calcium carbonate) to adjust the pH and stabilize the water before leaving the Water Treatment Plant. Bulk Quicklime is available via City of Boynton Beach Co-op Bid #041-134-94/CJD which was awarded on May 17, 1994 at their Commission Meeting. , per attached documentation. The last two years City of Delray Beach has piggy-backed Palm Beach County Bid. They re-bid this year also, and awarded to Chemical Lime at $84.66 per ton. Chemical Lime has agreed to extend the City of Boynton Beach Co-op contract to the City of Delray Beach at a delivered price of $84.17 per ton, per attached memo dated August 17, 1994. The Deputy Director of Public Utilities has reviewed this contract, and recommends award per attached memo. Recommendation: Staff recommends award to Chemical Lime Company, at an estimated annual cost of $225,659.77, via City of Boynton Beach Co-op Bid. Funding from department's operating budget. Attachments: Memo from Deputy Director of Public Utilities Memo From Chemlime dated August 17, 1994 Documentation from City of Boynton Beach cc: William Greenwood Richard Hasko Don Haley $'I../ . MEMORANDUM To: Jackie Rooney, Buyer ~ Thru: Richard Hasko, Deputy Director Public Utilities ~ From: Don Haley, Superintendent Water Treatment Plant SUBJECT: LIME CONTRACT AMOUNTS Date: September 9, 1994 The estimated lime usage (small pebble Hi-Cal.) for the 1994/95 budget is 2681 tons. It is understood the contractor will be the Chemical Lime Company. The term of contract will be October 1, 1994 thru September 30, 1995. The funding source is 441-5122-536-52.21. Please process the agenda request for approval. . CJ- ~J-" Don Haley l Superintendent DH/dk cc: File: a:limecont.doc . . CHEMICAL LIME August 17, 1994 Ms. Jackie Rooney City of Delray Beach Purchasing Department 100 N,W, 1st Avenue Delray Beach, FI33444 Subject: Pebble Quicklime - Water Treatment Plant Dear Ms. Rooney: Your request to become part of the Palm Beach County Governmental Co-operative Purchasing Group is accepted. The delivered price will be $84,17 per ton effective August 17, 1994, We look forward to working with you on your lime requirements, If you have any questions, please feel free to contact us. Yours very truly, ~ R. J. Russo District Manager RJR/pb Attachments cc:C. Cook C. Woodman Files: Montevallo/Mulberry DelrayBe.doc CHEMICAL LIME COMPANY 101 - 5TH STREET NW SUITE B P.O. Box 1137 MULBERRY, FLORIDA 33860-1137 (800) 695-5657 (813) 425-1544 FAX (813) 425-0686 , - _..1'1 WI. 1 ~ ..+.J "'. I I' 'H. nIl I 1.11/1'1 "UlI 1.1,,11 I G"'-' ~u I ,,~~ ~"'f4' if ' ). G E N :D ). M E M 0 RAN 0 U M I 't. I I , I TO: CITY MANAGER ~ S QFFIC! ! , I FROM: PURCHASING D*P~TMENT SUBJECT: CITY COMMIsStONi~GENDA FOR REGULAR MElTING OF MAY 17, 1994 Wkshp. of Re;. Date please put the !ol:1.ow1tW item on the City Commission Agenda for I above date* , · ! Br?* 141~134-94/CJD 1. Description CQ- PB K UICKLIME - To to provide at the most . economicAl . I 2. If Bid Item - Amount bu4' eted an4 Account N' r ! 401-335-5...36 -00 00 000.00 ! I , I 3. Reoonvnendations Purchasln Council of Palm I' ! Count. awarded the bid in art to: Chemical I from 050.00 bidders who meet all Th1 an increased cost f i 9% over last. years,p~ic 8. i i: I' : I... - i ~ i 'I' I I" ill DOC.uments, detaile4, OO.'lIt:e~lt1Jnated' maps" etc:J, supporting each .llitetlt should be attached and i~be reproduced in' .uffic1en~ number for the City Manager and each, c:~. ion member to reo ~ve a copy. i I . .' I :. ! / , I ' Ii' . I I a-t, I ;ua~ NG I I . .r . ! I I I ! 1_ *RETURN THIS FOIUI ~~~ I'., SQPPORTING OOCUMBN'rS: BY NOON WEDNESDAY' FOR REGUt.AR MEETING '! i i I i I WORKSHOP; ~GULAR Item Number I , ItemNu.mber I Agenda Date - . :1, I Agenda Date I Action ';i! I Action r - ,.,r-, I ; I u I , I ~ I " ': I "I 1 I; Ie' 11 ! I " I "'..", WI' , O-'''-l:I~ , """1"'11'1 i tloyntOn tlcn tax" 407 243 3774;# 3 cthe City of i I 'Boynton 'Beacli i ~ I r 11 Joo t:. ~""" ~ I .: I[.i : , ~O. I( 10 i . 2Ioynton~" , I J~425.0JIO Ci !1I4{L '. " '. lAllA ty, '., 1~ 1'.vc~ (~"'3. # 1"1' ,'! MAY 9, 1994 , I ilL; TO: ALL PARTICIPATI~Gr Nl'I'PIES OF THE COOPERATIVE P~g:~ ~IN ,'COUNCI,L~CH COUNTY FROM: LANA M - KOES~E -arl et. ~(. ,~ "~ .': ACTING CHAIRf' , i . SUBJ: MULTI AWARD pr" s . ~. Co-oP BULK QUICKLIME , '1,'1 i BID NO. #041-134-94/CJD :1 , ! Effective Dates: May 9, 1994 . ' I:'';' i 'to May 8, 1995 optio'4l to 1.) DRAVO LIME CO-i,! , ; , reneWI 1 Year Saginaw, AL I :':J"! i $ 77,20 Price Per" Ton ': : ,[ -0- Rail/Shipping Servicing the l'~.P,:,>d, entities along with tI'1,lck/ shipping prices - CITY OF BOCa'~TQN $83.53 price per, ton2- . ',.', I $ 6, 33 truck/shipping 2,) CHEMICAL LIME, 00;.1,.1\ , " ! Montevallo, At: ,::: ! $ 47.50 Price Per Ton '::' I $ 32, 61 Rail/Shipp~ng Servicing the t1lJ,~::I. d 'enfities along ~~:~ tt'1,1ck/ shipping prices : _ ACME IMP ROVE11J\ T[ _ _I' _.." $88. 77 pt:1ceper ton I . : i I $ 8.66 truck/shipping " - CITY OF BOYN'r€i;B H. . _ $81,25 price per ton ",!! $ 7 .14 truck! $:hipping -.TOWN OF .HIG~" D: B CH., $87,25 ptieeper ton .. i .. $ 7.14 truck/ shipping _ CITY OF LAJ,tE::' &TH ...... $87.79 price per ton : ..:; , $ 7, 78 truck/ shipping _ CITY/OF POMP,Al\h, 'BE CR .. .$86.19 price 'per ton : .::r ' $ 6.08 truck/shipping _ SOUTH CENT1lAL,:I~I' ZGI NAL .. $87 _ 25 price per ton I ';:1 " $ 7.14 truck/shipping _ CITY OF WES'I"~ALM EACH .$88.77 price per ton I .: Iii I $ 8.66 truck/shipping II ' lmk I '.,I! : c: Participatingl a~1v~ 1 sted entities I :1'1 : I I I ., ,~,J, .. . '6, GGuW41i to ,t~ GuHstre{Im . ....-i" ...(')+-i-i::O ~(')+-i-i" 1IJ-i+-i-i::O - -i-i::O CO>m+lll+ < + III tXllll (') . 0::10)> . ""+0;0> . 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RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda tion: Award to Liquid Carbonic at an estimated annual cost of $63.104.00. Account No. 441-5122-536-52.21 Department Head Signature: Determination of Consistency City Attorney Review! Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~) NO Fund i ng a 1 terna ti ves't/'. I if j"c!t]t a\1l. e) . Ac c oun t No. & DeSC~tiOn ~ -1!~ -Y)~. 5 /. ...:"~. IN ,(;cIVil c.A &S Account Balance: A (i0 C:;. I City Manager Re~iew: Approved for agenda: ~ NO t7~1 Hold Until: Agenda Coordinator Review: , Received: Action: Approved/Disapproved I MEMORANDUM TO: THROUGH: e Director FROM: enior Buyer f DATE: september 19, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 27, 1994 - BID AWARD C02 - CARBON DIOXIDE - TERM CONTRACT Item Before Commission: The City Commission is requested to renew the contract with Liquid Carbonic, at an estimated annual cost of $63/104. Background: The Water Treatment Plant has a need of an annual contract for carbon dioxide as the recarbonation chemical needed to adjust the pH and stabilize the water before leaving the Water Treatment Plant. Carbon Dioxide is available via City of West Beach Bid #82/83-94, per attached documentation. The Delray Beach Commission awarded a contract to Liquid Carbonic on November 17, 1992, at $116.00 per ton via the West Palm Beach Bid. The City of West Palm Beach has renewed this contract for another year per attached memo. Recommendation: Staff recommends a one (1 ) year renewal of contract to Liquid Carbonic, at an estimated annual cost of $63,104., via City of West Palm Beach Bid. Funding from department's operating budget. Attachments: Renewal Letters From Liquid Carbonic Memo from Deputy Director of Public utilities cc: William Greenwood Richard Hasko Don Haley ? T.:0 , MEMORANDUM To: Jackie Rooney, Buyer ~ Thru: Richard Hasko, Deputy Director Public Utilities From: Don Haley, Superintendent Water Treatment Plant SUBJECT: C02 CONTRACT AMOUNTS Date: September 9, 1994 The estimated Carbon Dioxide usage for the 1994/95 budget is 544 tons. It is understood the contractor will be Liquid Carbonics. The term of contract will be October 1, 1994 thru September 30, 1995. The funding source is 44l-5122-536-52.21. Please process the agenda request for approval. GJ- ~Jl Don Haley Superintendent DH/dk cc: File: a:co2cont.doc , , ~ . WOrlds Largest Supplier 01 CO, ~ > LIQUID CARBONIC ~~ 7 CARBON DIOXIDE "" ~ 404-996-6590 1691 PHOENIX BLVD.. SUITE 370 . A TLANT A, GEORGIA 30349 FAX # 404-991-6768 September 2~ 1994 Ms. Jackie Rooney Purchasing Manager - CITY OF DELRAY BEACH, FLORIDA 100 Northwest First Avenue Delray Beac~ FL 33444 Dear Ms. Rooney: As per our telephone conversation on Wednesday, September 1st, this letter confirms that Liquid Carbonic wishes to extend our current liquid carbon dioxide pricing of $116.00 per ton for an additional 12 (twelve) month period. Pricing will remain firm for 12 (twelve) months, beginning October 1, 1994 and ending September 30, 1995. Orders for carbon dioxide can be placed by calling our Lakeland Distribution Manager, Marcia Spare at (813) 688-8668. We look fOlWard to receiving your contract extension agreement. Sincerely, LIQUID CARBONIC INDUSTRIES CORPORATION QJc~ Paul E. Cash Regional Chemical Accmmt Manager . , . W~ I..t~:.r ~ afel), LIQUID CARBONIC lS CARBON Dk)XU)E 4l:.'-~ao Hl~1 PHOENIX 8lVO., $4.Jr'n; 370' AT'J,NTA, GEORGIA ~ FAX. .i(4-9S1 ~76e Aup 31, 1994, M.~ Nora Laudermilk Assistant Purch.a$ng CI'IY OF WEST PALM BEAm FLORIDA 104" ChIrloue A.vewt W. Pahn &acl1, FL 33401 I r Dear Ms. Laud=Wk: j , ! At pet our talepbo~ QOllfo'~n on TuClda}'j Augwa 30th, thi. Ieu<< . confirms that Liquid Carbonic wishes to ex:terul our cui:rent liqui4 catbo.." dkIxide prlcinS of S11~.OO pet ton for an additional 12 (twelve) moath I~"ld, . Pricing will remain firm liDt 12 (twelv~) ~ ~ October I, 19Q.4 1M ~ St9~ 30, 1995. I , Orders for carbon dioxicJe can be placed by calling our Lakeland DistnbutionManager, Marcia Span~ lit (813) 688-8668. I W.1ook forward to r60eiYing your contract exte:ni~1'l. ~t. I I , Sincerety . , I UQUID c...uutONIC lMlUil'"RIES CORPORATION ! ~ C. ~~{l I I Paul E. Clth I i R.egional Ch.mkal ACCOluU Manager , . I -, , I ~~ TCT;~ ~~G2.~D2 *~ . , . . CZ1z PURCHASING DIVISION e 1045 Charlotte Avenue C. t West Palm Beacl'1, Florida 33401 t Y Tel: 407/659.8036 ,~~ Fax:407/S35-Q028 West Palm CReach "The Orchid City" August 10. 1994 Liquid Carbonic Corp. 1691 Phoenix Blvd.) Suite 370 Atlant~ GA 30349 Dear Mr, Braithwaite, Please be advised that the contract for carbon dioxide will expire September 30) 1994. The price quoted was $116.00 per ton or $ .58 per pound in bulk tank truck. The City's Annual usage is approximately 1 )200 tons. These prices were also extended to the City of Delray Beach. We have been please with the quality and service and desire to exercise the option to renew providing all terms and pricing remain the same for the next year. The new contract will commence October 1. 1994 and expire September 30) 1995. Please advise us of your intentions by August 19, 1994. If you have any questions please do not hesitate to contact me. Sincerely, .. J dwu~ N ra W. Laudermilk, CPPB Assistant Purchasing Agent / cc: City of Delray Beach File , . . ~ Agenda Item No.: g:r.,3 AGENDA REQUEST Date: September 20, 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Septembet 27, 1994 Descript.lon of agenda item (who, what, where, how much): Water Meters Term Contract to Kent Meters, Inc. at an estimated annual cost of $51,430.00 via Broward County's Bid #C-07-93-27-12 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Kent Meters, Inc. at estimated annual cost of $51,430.00 with funding from 442-5178-536-61.81 Department Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (iM~abl?) :€fI'e}JT Account No. & Description: 442-5178-536-61.81 Account Balance: r:::sIvJ{/(() ~JAtEe. ~ LAC p(20ql2M-1 City Manager Review: Approved for agenda: 5i}) NO lift Hold Until: Agenda Coordinator Review: . Received: Action: Approved/Disapproved .. , M E M 0 RAN DUM TO: THROUGH: Joseph M. Sa Finance FROM: Jacklyn Rooney, Buyer ~ DATE: September 20, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 27, 1994 - BID AWARD WATER METERS-L-TEBl''LJ~:ONTRACT I tem Before Ci t_y~_Colmnj~~iOl:'L::__ The City Commission is requested to approve a contract for water IT!eters with Kent Meters, I nc. . at an estimated annual cost of $51,430. ~9~l<ground :__ Water meters are available via Broward County's Bid #C-07-93-27-12, which was awarded to Kent Meters, Inc. For the past three years, City of Delray Beach has been piggy-backing the City of Boca Raton Bid with Sunstate Meter. Attached is cost breakdown of pricing. By using the Broward County bid. the savings to the City of Delray Beach will be $2,847.50 for the year, The Public Utilities Department has reviewed the bid with Broward County and recommends award to Kent Meters, I nc . , per attached memc. The vendor has agreeded to extend pricing to the city of Delray Beach, per attached memo. Funding for this is available from the 94/95 Water & Sewer budget. Recommenda tion< Staff recommends award to Kent Meters, Inc. , at an estimated annual cost of $51,430. Attachments: Cost Savings Breakdown Recommendation Memo Memo From Kent Meters Award Memo from Sroward County pc Richard Hasko Mike Offie William Greenwood 1]:.3 I Sunstate Kent Meters SIZE ESTIMATED QTY. OLD PRICE (Extended) NEW PRICE (Extended) 5/8 x 3/4" 450 $24.25 = 10,912.50 $21. 50 = 9,675.00 1" 700 $61. 95 = 43,365.00 $59.65 = 41,755.00 $54,277.50 $51,430.00 Savings to City of Delray Beach $2,847.50 . MEMORANDUM TO: Jackie Rooney Buyer FROM: Michael S. Offie Supt., Water/Sewer Network SUBJECT: WATER METERS DATE: September 8, 1994 The following is an estimated quantity of 3/4" and 1" water meters that Water Distribution will install and change out during Fiscal Year 1994-1995. 5/8" X 3/4" 450 meters 1" 700 meters I recommend we piggyback Broward County's Bid #C-07-93-27-12 awarded to Kent Meters Inc. If further information is required, please call. ~ft' A'~ ~-;i cJd-. . c ael S. Of ~e Superintendent . MSO/gm cc: William H. Greenwood, Dir. of Environmental Services Dept. Richard C. Hasko, Dep. Dir. of Public utilities File: Memos to Purchasing File: a:meters.doc mikes1 , - -. All G079434.LTR ASEA BROWN BOVERI July 20 1994 Ms. Jackie Rooney city of Delray Beach Purchasing Department 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Ms. Rooney: As per your recent request, to our Regional Sales Manage r , Mr. Brian Richard, we are pleased to extend the contract prices off of the Broward County contract for water meters to the City of Delray Beach. Our contract with the County includes 5/8" x 3/4" and 1" new meters and 5/8" x 3/4" red bronze scrap meters. The price for the 5/8" x 3/4" meters is $ 21.50 and the 1 " meters is $ 59.65. Additionally, we will accept complete red bronze 5/8" x 3/4" scrap meters at $ 3.25 against the purchase of new meters. We will extend a $ 6.00 trade in price for your 1 .. complete red bronze scrap meters. Enclosed you will find a copy of our award letter from the County. You wi 11 note that this contract expires April 7 , 1995. Our cold water meters are manufactured up to 20"in size. Please contact Mr. Richard or the undersigned toll free at 800-356-6829 and we wi 11 be please to offer additional prices. - We look forward to doing business with the City of Delray Beach. GMW/dc Enclosure cc: Mr. Brian Richard Broward County coni(;actrJ; itl e I en e ers, nc. An AB8 Kent Meter Division Company Mailing Address Physical Address Telephone Facsimile P.O. Box 1852 953 N.E. Osceola Ave, (904)732-4670 (904 )368-1950 Ocala, Florida 34478 Ocala, Florida 34470 , . Agenda Item No.: 8T..1 AGENDA REQUEST Date: September 21, 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 27, 1994 Descriptlon of agenda item (who, what, where, how much): Chemicals and Fertilizers, Co-op Bid #94-73 - Annual Contract. Award to various vendors at estimated annual cost of $123,935.45. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: of '~5"b ,d-O) Department Head Signature: Determination of Consistenc City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~I NO Funding alternative, (if ~ble) Account No. & Description: COJ-41~/-s..72 .5>'2-].Jp ~ 11J.&$uPa-Ie5 Account Balance: ~OCO 6PlF couasE-GrAr<CEIJI~ I 445 -!f7'~t:=)r7 C-jZ-?47 City Manager Review: - v.- 3kPCtIe:; Approved for agenda: (!i) / NO l~l Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . '! M E M 0 RAN DUM TO: David T. Har' THROUGH: Jospeph of r-' rlnance FROM: Jacklyn Rooney, Buyer ct- DATE: Septembe. 21, 1994 L SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTERMBER 27, 1994 - BID AWARD - BID ~94-73 CO::-_9~"J;l~-=_ CHEMI<::;AL~-.flND, FERTILIZERS - ANNUAL_CONTRACT llem BefQc~__City Commission;.. The City Commission lS requested to make multiple awards to low responSlve bidders, as stated below, at an estimated annual cost of $123,935.45. ~AI:;!:i9I5LL!,pd ..;.. The Delray Beach Purchasing Office 1S the lead organization for this County co-operative contract. Bids were received on August 31, 1994, from sixteen (16) vendors all 1n accordance with city purchasing procedures (Bid #94-73. Documentation on file 1.n the Purchasing Office.) A tabulation of bids is attached for your re1vew. The Palm Beach County Cooperative Purchasing Group has reviewed the bids and recommend multiple awards to the low responsive bidder's: LiS highlighted on tab shE,ets. The City of Delray Beach Pa," ks ,3., Recreation Department and Golf Course staff ha\/e 31 so '-evie~<ojed the bids and conc'.J r with this recommenda ti, on. VendQr..;, E~.t.irrt~ ted Amou nt~ Terra Asgrow Florida $ 10,497.55 Van Waters & Rogers 7,820.00 Atlantic FEe 8,342.00 O.M, Scotts 4,080,00 Regal Chemical 5,760.00 Tropical Chemical 525.00 Vigor'o Industries Inc. 6,668.00 Helena Chemical Co. 16,258.60 UHS 2,648.05 Lesco, Inc. 25,815.50 Lykes- Agri Sales 2,257.00 Howard Fertilizer 30,041.25 Harrell's Inc. 3,222.50 Total Estimated Annual Cost $ 123,935.45 i:L.J.j , . ettachments: Memo to Co-op Members Award Recommendation Per- Item City of Dell~ay Beach Requirements Tabulation of Bids cc Joe Weldon Ray Eubank Brahm Dubin Tom Arendt Co-op Membel-s . . CHEMICALS: Item, Description Vendor Awarded Price Connnents 1. Award Terra Asgrow Florida $ 5.42 lb. Low Bidder 2. AMA+2-4-D Terra Asgrow Florida $ 10.35 gal. Low Bidder 3. Aqua-Gro L Harrell's Inc. $ 22.00 gal. Low Bidder (Lesco) bid an alternate 4. Barricade 65 WG Helena Chemical Co. $ 39. 15 lb. Low Bidder 5. Basagran Lesco Inc. $ 59.25 gal. Low Bidder 6. Blazon SP Lesco Inc. $ 22.00 gal. Low Bidder (or equiv.) 7. Bayleton Helena Chemical Co. $ 27.70 lb. Low Bidder 8. Chelate Iron *Lesco Inc. $ 4. 25 gal. Tie Bid Terra Asgrow Florida *Lesco local for Delray 9. Chipco 26019 Terra Asgrow Florida $ 86.00 gal. Low Bidder (V.J. Growers (gal. ) bid a dry powder) 10. Daconil 2787 UHS $ 34.10 gal. Low Bidder 11. Dithane 45WP Lesco Inc. $ 12.85 gal. Low Bidder (UHS & V.J. bid lb. cost - requested liquid) Lesco bid an equal 12. Di-Syston 15% UHS $ 1. 41 lb. Low Bidder 13. Dursban Plus Colonial Products $ 31. 65 gal. Low Bidder . 14. Dursban 2.32% Lesco Inc. $ .60 lb. Low Bidder granular 15. Dursban 2E UHS $ 37.38 gal. Low Bidder 16. Dursban 4E UHS $ 74. 00 gal. Low Bidder 17. Dursban Cricket Lesco Inc. $ .38 lb. Low Bidder, equal product Bait 18. Fire Ant Lesco Inc. $ 5. 15 lb. Low Bidder Ambro Baid 19. Garlon 4 Terra Asgrow $ 75.50 gal. Low Bidder Vegetation Mgmt. 20. Gro Safe Harrell's Inc. $ .55 lb. Low Bidder, equal product Activated Charcoal CHEMICALS Cont..... Item Description Vendor Awarded Price Comments 21. Image with Terra Asgrow $ 187.00 gal. Low Bidder Ammonium Salt Imacaguin 22. Kerb 50 W SP Van Waters & Rogers Inc. $ 19.30 lb. Low Bidder 23. Mocap 10G Terra Asgrow $ 1.29 lb. Low Bidder 24. Malathion 5% Terra Asgrow $ 14.50 gal. Low Bidder 25. Nemacur 10Q Van Waters & Rogers Inc. $ 1.95 lb. Low Bidder 26. Nemacur (3) Van Waters & Rogers Inc. $ 56.00 gal. Low Bidder Liquid 27. Oftanol Liquid Harrell's Inc. $ 56.00 gal. Low Bidder 28. Orthene TTO Terra Asgrow $ 9.12 lb. Low Bidder 29. Pagaent DF Helena Chemical Co. $ 11.44 lb. Low Bidder 30. Paraquat NO Bid Received 31. Pre M O.M. Scott's $ 8.00 lb. Low Bidder 32. Primo Van Waters & Rogers Inc. $ 315.00 gal. Low Bidder 33. Ronstar 2G Regal Chemical Co. $ .96 gal. Low Bidder 34. Roundup Terra Asgrow $ 42.94 gal. Low Bidder (Lykes Agri) minimum shipping size is 30 gal. - too large 35. Rubigan A.S. Colonial Products $ 151.95 gal. Low Bidder . 36. Sencor 75 T.H. Van Waters & Rogers $ 23.60 lb. Low Bidder 37. Seven 80% Dust Helena Chemical $ 4.10 lb. Low Bidder 38. Sevin 80 WSP Terra Asgrow $ 20.25 gal. Low Bidders (Lykes, UHS, and Harrell's bid by lbs. 39. Subdue Liquid Lykes Agri Sales Inc. $ 179.00 gal. Low Bidder 40. Subdue Harrell's Inc. $ 2.35 lb. Low Bidder 41. Surflan AS TIO UHS $ 63.50 gal. Low Bidder 42. Talstar WP V.J. Growers Supply Inc. $ 42.44 lb. Low Bidder (Lykes with- drew their bid - error in pricing) CHEMICALS Cont..... Item Description Vendor Awarded Price Comments 43.' Talstar .2G Terra Asgrow $ .64 lb. Low Bidder 44. Trimec Plus Harrell's Inc. $ 24.50 gal. Low Bidder 45. Triump 4E Helena Chemical $ 153.05 gal. Low Bidder 46. Wetting Agent Tropical Chemical $ 5.25 gal. Low Bidder 47. MSMA 6.6 Terra Asgrow $ 18.85 gal. Low Bidder - equal product 48. Bivert Sticking Lykes Agri Sales $ 23.35 gal. Low Bidder (Colonial bid Agent substitute item - not equal) 49. Crusade Van Waters & Rogers $ .75 lb. Low Bidder FERTILIZERS 1. 14-14-14 Plus Howard Fertilizer $ .20 lb. Low Bidder (Scott's bid an Minors alternate and Lykes bid a 4 ton minimum shipping requirement) 2. 24-5-11 FE + MN Lesco, Inc. $ .135 lb. Low Bidder 3. 22-5-7 + Atrazine Vigoro Industries Inc. $ .193 lb. Low Bidder 4. 22-0-22 Atlantic FEC Fert. $ . 177 lb. Low Bidder 5. 16-4-8 Preminum Howard Fertilizer $ .0955 lb. Low Bidder 6. 6-6-6 Harrell's Inc. $ .075 lb. Low Bidder 40% Organic . 7. 16-4-8 With Atlantic FEC $ .08 lb. Low Bidder Minor Elements 8. 21-0-0 Sulfate Lykes Agri Sales $ .0856 lb. Low Bidder of Ammonia Granular 9. 10-10-10 Howard Fertilizer $ .096 lb. Low Bidder 10. 15-15-15 Howard Fertilizer $ .1115 lb. Low Bidder 11. 32-0-0 UHS $ .09 gal. Low Bidder 12. 20-20-20 Terra Asgrow $ .46 lb. Low Bidder 13. Milorganite Colonial Products $ .1189 lb. Low Bidder (Terra Asgrow bid alternate item) 14. 30-10-7 Arbor- UHS $ .1979 lb. Low Bidder Green . - . ' FERTILIZERS Cont......... Item Description Vendor Awarded Price Comments 15. '17-1-10 Greens Howard Fertilizer $ .23 lb. Low Bidder (Lesco bid Grade Fert. alternate) 16. 29-3-5 w/Dursban *Lesco Inc. $ .33 lb. Tie Bid (Scotts bid an Vigoro Industries alternate - award to *Lesco local for Delray 17. 0-0-21 Sul-Po-Mag Atlantic FEC $ .0995 lb. Low Bidder Granular Stress Tolerance & Root Development 18. Manganese Sulfate Lykes Agri Sales $ .30 lb. Low Bidder 19. Magneseum Sulfate Atlantic FEC $ .169 lb. Low Bidder (Epson Salts) 20. 13-3-13 Palm Howard Fertilizer $ .1525 lb. Low Bidder Fertilizer 21. 17-4-6 Fert. + Vigoro Indust. Inc. $ .156 lb. Low Bidder Atrazine 0.76% 22. 24-2-8 Lesco Inc. $ . 12 lb. Low Bidder 23. 8-10-10 Howard Fertilizer $ .084 lb. Low Bidder 24. 29-3-5 Vigoro Indust. Inc. $ .199 lb. Low Bidder St. Augustine Weed Control + Fert. 25. 30-10-7 NO AWARD SAME AS Item II 14 26. 24-4-4 MCPP Howard Fertilizer $ .2725 lb. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS A FROM: CITY MANAGER f!1v( SUBJECT: AGENDA ITEM # 9A - MEETING OF SEPTEMBER 27, 1994 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 23, 1994 Attached is the Report of Appealable Land Use Items for the period September 12 through September 23, 1994. It informs the Commission of the various land use actions taken by the designated Boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. ~ct-~ '" -0 . '.'/ J . i.. . , t~~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ L~ _..~ 1'-1). THRU: DIANE DOM~~~;~CTOR DEPARTMENT OF ~~~G FROM: SUBJECT: MEETING OF SEPTEMBER 27, 1994 REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 12, 1994 THRU SEPTEMBER 23, 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 September 12, 1994, through September 23, 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 that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. PLANNING AND ZONING BOARD REGULAR MEETING OF SEPTEMBER 19, 1994: * Approved (7 to 0) a Determination of Similarity of Use to permit medical vocational schools in the GC (General Commercial), PC (Planned Commercial), and CBD (Central Business District) zoning districts. The Planning and Zoning also considered the following items which will be forwarded to the City Commission for final action: . - City Commission Documentation Appealable Items - Meeting of September 27, 1994 Page 2 * Recommended approval (7 to 0) of the final subdivision plat for The Enclave at the Hamlet, a 9 lot zero lot line single family residential subdivision located on the north side of Greensward Lane, east of Hamlet Drive. * Continued (7 to 0) to the meeting of October 17, 1994 consideration of a rezoning from GC to CF (Community Facilities) for Ebenezer Baptist Church, located on the east side Q.f N. Federal Highway, south of Gulfstream Boulevard. * Recommended approval (7 to 0) of an LOR Text Amendment to permit educational facilities as a conditional use, and home tutorial services (up to five students) as an accessory use in residential zoning districts. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF SEPTEMBER 21, 1994 A. Approved (6 to 0), with conditions, a Major Site Plan Modification, Landscape Plan, and Building Elevations, the construction of additional permanent seating at the Delray Beach Tennis Center, located at the northwest corner of w. Atlantic Avenue and NW 1st Avenue. B. Consideration of a minor site plan modification for the 700 Block Plaza was postponed until the October 5th meeting at the applicant's request. C. Approved (7 to 0) , a request for an elevation change for the addition of a service window for the drive through and new playground equipment at McDonald's, located on the southeast corner of Waterford Drive and Linton Boulevard. HISTORIC PRESERVATION BOARD MEETING OF SEPTEMBER 21, 1994 1. Approved (7 to 0) , with conditions, a Certificate of Appropriateness for a new single family residence located at 15 NW 2nd Street, on the north side of NW 2nd Street between N. Swinton Avenue and NW 1st Avenue. 2. Denied (6 to 1) a Certificate of Appropriateness for the Taylor Residence, a new single family residence located at the northeast corner of N. Swinton Avenue and NE 6th Street. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map . . LOCATION MAP FOR CITY COMMISSION MEETING OF SEPTEMBER 27 t 1994 L-JQ CANAl ----- .... g r'-'-- c . c ! i UI([ IDA ROAD "" u i ~ al "W 2 ST CD 1 ~ f .J i I w , ~ r---I , ., . c I ~ ~ . ~ , .... . ~ , 0 LOWSON 80Uu:YARD .. 8 ! ~ 8 ::I o U x ~ I >- ~ I ,c; ~ I I I i I i ~ L,j J ~ ~ -' ~ :z cr~ ~ 5 I '" i , I i W i i ___._l.I_...'.....l__I_I_. _..._..._ l-J8 CANAL CITY LIMITS _. ._.. S.P .RAS. : H.P .B.: A. - DELRAY BEACH TENNIS CENTER 1. - 15 N.W. 2ND STREET B. - 700 BLOCK PlAZA 2. - TAYLOR RESIDENCE J MI~ I C. - /.Ie DONALDS SCALE N - CITY OF OElRAY BEACH, Fl Pl.NlNINC DEPNmlENT - DIGITAL BASE VIIP SYSTE1.4 -- , . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t>Jt1 \ SUBJECT: AGENDA ITEM # '18 MEETING OF SEPTEMBER 27 , 1994 AMENDMENT NO. 2/RAMBLIN' ROSE RIVERBOAT, INC. LICENSE AGREEMENT DATE: SEPTEMBER 23, 1994 This is before the Commission to consider Amendment No. 2 to the License Agreement with Ramblin I Rose. It addresses the issue of service while docked, allowing the licensee to operate dockside during special events or due to unforeseen circumstances such as inclement weather, machinery breakdown, or failure of the bridge at Atlantic Avenue. However, this type of operation is restricted to a maximum of 13 days annually. In addition, onboard entertainment shall cease and all passengers will disembark by 10:30 p.m. except on New Year's Eve. The calliope is only to be played during St. Patrick's Day and the Delray Affair, for ten minute periods in any hour, and not after 6:00 p.m. This amendment also proposes to split the cost for installation of a six-inch sewer line permitting the Licensee to discharge waste while docked at the park. Section 10.01 (Indemnification) of the License Agreement is amended and indemnifies the City from liability for any and all loss, damage, liability, legal action or claim arising out of the removal of sewage from the boat. Paragraph 4 of Amendment No. 1 is corrected to reflect that during years 11 through 14, the annual payment shall be $13,800.00 based on a monthly payment of $1,150.00. Recommend consideration of Amendment No. 2 to the License Agreement with Ramblin' Rose Riverboat, Inc. ' ~ wd:L ()I(L ~ ~ ~ ~ ~ UfJDnWrJ~ ~ (aD.~ 4 &1M ;f~) $-0 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 9-B - MEETING OF SEPTEMBER 27, 1994 AMENDMENT NO. 2/RAMBLIN' ROSE RIVERBOAT, INC. LICENSE AGREEMENT DATE: SEPTEMBER 26, 1994 We have just received the attached updated information relating to Amendment No. 2 of the Ramblin' Rose License Agreement (agenda item No. 9B) . This supersedes the information provided in the agenda packet distributed on Friday, September 23, 1994. , [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 :\'W 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSI~,IILE ~U7.278.4755 Wr.1.ter'. D.1.rect L.1.ne DElRAY BEACH (407) 243-7090 F l () . I 0 " ..... AII.America City 1'111' MEMORANDUM Date: September 22, 1994 IWll To: City Commission Assistant City Attorne~ From: David N. Tolces, Subject: Amendment to Ramblin' Rose License Aqreement The attached amendment represents two months of continuous negotiations between the City, the Barr Terrace Condominium Association, and Captain Mark. The amendment provides for a one year trial period during which Captain Mark may operate dockside during special events and due to mechanical failure or adverse weather. The license limits Captain Mark to 13 days during the year. While operating dockside, all food and beverages must be consumed on board, and all customers must disembark no later than 10:30 p.m. Captain Mark also agrees to not play the caliope while docked. The amendment also insures that Captain Mark will abide by all rules and regulations regarding the sale of alcoholic beverages. The amendment also provides for the City and Captain Mark to share the costs for the installation of the sewer line to allow for the removal of sewage while docked at the park. Please call if you have any questions. DNT: smk Attachment cc: David T. Harden, City Manager ramblin6.dnt @ Prmted on Recycled Paper , AMENDMENT NO. 2 TO LICENSE AGREEMENT BETWEEN RAMBLIN' ROSE RIVERBOAT AND CITY OF DELRAY BEACH, FLORIDA THIS AMENDMENT, to the- License Agreement of November 21, 1991, and Amendment No. 1 dated December 20, 1993, is entered into by and between the CITY OF DELRAY BEACH ("City") and RAMBLIN' ROSE RIVERBOAT, INC. ("Licensee") on this day of , 1994. WIT N E SSE T H: WHEREAS, the City and Licensee mutually covenant and agree to amend and modify the License Agreement entered into on November 12, 1991, which was amended by Amendment No. 1 dated December 20, 1993; and WHEREAS, the parties desire to permit the Licensee to operate dockside during special events which occur in the City during the year as set forth in the agreement; and WHEREAS, the parties recognize that due the unforeseen circumstances such as inclement weather, machinery breakdown, or bridge breakdown, there may be instances where the boat will be left at the dock for a longer period than usual, which might necessitate dockside service; and WHEREAS, the parties recognize the need for the Licensee to have an on-site sewage connection in order to facilitate the operation of the excursion boat. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained the parties agree as follows: / BARR TERRACE A CONDOMINIUM FIFTY EAST ROAD DELRAY BEACH. FLORIDA JJ4~3 September 21 , 1994 David N. Tolces, Esq. , Asst. City Attorney Office of the City Attorney City of Delyay Beach, Florida 200 NW 1st Avenue Delray Beach, FL 33444 Subject: Amendment No. 2 to Ramb1in' Rose Licens(~ ,;greement Deal' Mr. Tolces: Thank you for your letter of September 16 addressed to Miss Poulain along with a CODY of the procosed Amendment No. 2 "Ihich is scheduled to be presented to the City Commission for their consideration on September 27. 1994. We ~ppraciate the opportunity to offer our comments. Following are our suggested additions or changes: Item 2 A - Line 2: Service of food and alcoholic beverages shall commence no earlier than thirty (30) minutes before the scheduled departure. Item 2 8 2 - Line 1 : All on board entertainment shall cease upon dockino and all passengers and customers shall have disembarked no later than 10:30 p.m., except on New Year's Eve. ( Chapter 99, City Noise Control, Loud and Unneccessary Noises) Item 3 - 3 Line 4: The calliope shall not be played. Item B - 4, Line 3: The City Manager shall present to the City Commissioners a six-month review of the Licensee's operation. The Barr Terrace Board of Directors has recently learned that the Florida State Law covering the serving of alcoholic beverages on cruise boats states under 61A-3.013 Transit License that "vendors may sell only for consumption on premises and only to their passengers while in transit." R E.CSj()~D R-I mccTlnq q/a7!9L{ '. I AMENDMENT NO. 2 TO LICENSE AGREEMENT BETWEEN RAMBLIN' ROSE RIVERBOAT AND CITY OF DELRAY BEACH, FLORIDA THIS AMENDMENT, to th~ License Agreement of November 21, 1991, and Amendment No. 1 dated December 20, 1993, is entered into by and between the CITY OF DELRAY BEACH ("City") and RAMBLIN' ROSE RIVERBOAT, INC. ("Licensee") on this day of , 1994. WIT N E SSE T H: WHEREAS, the City and Licensee mutually covenant and agree to amend and modify the License Agreement entered into on November 12, 1991, which was amended by Amendment No. 1 dated December 20, 1993; and WHEREAS, the parties desire to permit the Licensee to operate dockside during special events which occur in the City during the year as set forth in the agreement; and WHEREAS, the parties recognize that due the unforeseen circumstances such as inclement weather, machinery breakdown, or bridge breakdown, there may be instances where the boat will be left at the dock for a longer period than usual, which might necessitate dockside service; and WHEREAS, the parties recognize the need for the Licensee to have an on-site sewage connection in order to facilitate the operation of the excursion boat. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained the parties agree as follows: . 1. The recitations referred to above are hereby in- corporated herein. 2. That Section 5.05, "Service While Docked" , of the License Agreement is amended to read as follows: A. Service of food or alcoholic beverages shall commence no earlier than thirty (30) minutes before the departure of the boat. In no event, except as provided herein, shall full meal service begin until such time as the vessel has entered into the main channel of the Intracoastal Waterway. B. The Licensee shall be permitted to remain at the dock while food and beverages are being served in the event the boat is unable to leave the dock due to inclement weather, machinery breakdown, failure of the bridge at Atlantic Avenue, or in conjunction with special events such as the Delray Affair, Art and Jazz on the Avenue, and St. Patrick's Day for a maximum of 13 days annually. In all instances, the Licensee's dockside operation shall comply with the following: 1. All food and beverages must be sold and consumed on the boat. Licensee agrees to comply with all state and county alcoholic beverage rules and regulations. 2. All on board entertainment shall cease and all passengers and customers shall disembark no later than 10:30 p.m., except on New Year's Eve. 2 3 . All music and on board announcements must be within City noise limitations and comply with restrictions on the use of speakers and amplifiers at city parks. The calliope shall not be played while docked. 4 . When a written complaint is received, the City Manager shall provide a copy of the complaint to the Licensee. The Ci ty Manager shall present a six month review of the Licensee's operation. C. The Licensee agrees to limit the number of instances during which dockside operation occurs, as described in Paragraph 5.05(B), to no more than 13 days annually commencing October I, 1994 and ending on September 30, 1995. Licensee shall provide the City with advanced notice of those dates during which the Licensee will provide dock side service. If advanced notice cannot be provided, Licensee shall provide documentation within five ( 5 ) business days after the event during which dockside service occurred. 3. That Section 7.02, "Sewage Removal" , of the License Agreement is hereby amended to read as follows: A. The parties agree to each pay fifty percent (50%) of the total cost for the installation of a six inch (6") sewer line for the purpose of permitting the Licensee to discharge waste while docked at the park. The sewage pump shall be provided by the Licensee. 3 . B. The Licensee represents and warrants that the Licensee shall comply with the Federal Water Pollution Control Acts (33 U.S.C. Section 1231 - prohibiting dis- charge of oil or oily water, 33 U.S.C. Section 1322 - prohibiting discharge of untreated sewage) and all other applicable federal, state, county and municipal laws and regulations. 4. That Section 10.01, "Indemnification", of the License Agreement is amended to read as follows: Indemnification: Licensee for himself, heirs, personal representatives, successors, and assigns, as the case may be, releases, defends, holds harmless and indemnifies the City of Delray Beach, Florida, and its officers, agents, and employees from any and all liability for loss or damage to the boat, its Licensee, and Licensee's agents, employees, guests, passengers, or invitees whether or not such (loss or damage is based upon the negligence or conduct of City) and from any and all loss, damage, liability, legal action or claim of whatso- ever nature, arising out of the Licensee's use of the facilities of the Park known herein as the licensed premises including, but not limited to agents, employees, passengers, and invitees use of the licensed premises for ingress and egress or operation of the boat, and from any and all loss, damage, liability, legal action or claim arising out of the removal of sewage from the boat, 4 including but not limited to damage to the licensed premises and the Intracoastal Waterway. 5. That all other terms and conditions of the License Agreement dated November 21, 1991 and Amendment No. 1 dated December 21, 1993 not in conflict with this Amendment shall remain in full force and effect, and are incorporated herein. 6 . That Paragraph 4 of Amendment No. 1 dated December 20, 1993 shall be corrected to reflect that during years 11 through 14, the annual payment shall be $13,800.00, based on a monthly payment of $1,150.00. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year above first written. WITNESS: RAMBLIN' ROSE RIVERBOAT, INC. By: (Print or Type Name) (Print or Type Name) ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney ramblinl. agt 5 . Does this constitute a violation of the laws granting the Ramblin' Rose the privilege of serving alcoholic beverages while in dock with the exception of the 30 minutes prior to scheduled departure? (A clarification of this matter would be appreciated.) Also, does the Ramblin' Rose's restaurant license comply with the Florida Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco? It states.....A SPECIAL RESTAURANT LICENSE, SRX Se:ies is issued to permanent locations only.... ..The Licensee would not have the ability to operate at will at the dock as a restaurant then leave the dock and retain the status of being a licensed premises..... May we hear f:om you prior to the Commiss~oners' Meeting next Tuesday? P lea8(3 know that we want to help resolve this problem as sqon as possible. Thank you. Sincerely, 1 ~~.Y ,-:-/1/~~ C""\' . . ..: ~.:tA/ May L. Buchanan Acting President Board of Directors I . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER er] SUBJECT: AGENDA ITEM # '1C MEETING OF SEPTEMBER 27 , 1994 RELOCATION OF THE DELRAY BEACH TRAIN DEPOT BUILDING DATE: SEPTEMBER 23, 1994 This is before the Commission to consider the proposal by Mr. Robert E. Cullen to preserve the old Delray Beach Train Depot Building as an historic site, and to move it to a more mid-town location. The original site, and one preferred by Mr. Cullen, is at the Sun Bank location on Atlantic and Third Avenue. Sun Bank has not yet responded to Mr. Cullen's site request. An alternate location being suggested is at Worthing Park. The building would be purchased and costs of relocation would be bourne by the Delray Beach Historical Society, based on funds being received through contributions/donations, and receipts from the Antique Show scheduled for February 1995. The purchase price is $15,000.00, and relocation is estimated at $10,000.00. Mr. John Johnson of the Palm Beach County Preservation Board has assured Mr. Cullen that funds are available for restoration costs. The Chamber of Commerce has voiced interest in creating a tourist information center, and would consider providing support in the form of volunteers to operate the center when established. The action requested of the Commission is a determination on whether Worthing Park should be considered as a possible site to relocate the Delray FEC Depot building. . I I , ;/2..7 r..':7<-"".le^.... " [IT' DF DElRA' IEA[H DELRAY BEACH f ( 0 R I [) A ~ 100 N.W 1st AVENUE. DELRAY BEACH, FLORIDA 33444 ' 407,;'43-70')0 All-America City , III I! 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Robert Cullen's Response on Delray Depot DATE: September 19, 1994 Attached please find information from Robert Cullen that you requested concerning the relocation of the Delray Depot to Worthing Park. Please advise if you need any additional information. Parks and Recreation Attachment JW:cp Ref:depotans @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . ~ Robert E. Cullen 1877 S.Ocean Blvd. Unit D Delray Beach. FL 33483 Tel: 407-278-7601 September 18, 1994 Mr.Joe Weldon. Director Parks and Recreation City of DeJray Beach 100 NW First A venue DeJray Beach. Florida 33444 Greetings Joe: This letter is in response to your letter dated September 16, regarding the Delray Depot. Please first note that my letter of AUQust 26 to David Harden was simply to suggest the possibility of utilizing Worthing Parkas an alternative site for the Depot. The original site request was to Sun Bank; however. I have had no response Crom them to date. Therefore, in the interest of progress, I am seeking an alternate site should Sun Bank not mak.e their property available with acceptable terms. With these conditions noted, I will answer your questions as presented to me. Question #1 That the building will be relocated to Worthing Park: by an outside agency who will pay the costs ot that reLocation. Answer The building would be purchased and costs of relocation would be bourne by the Delray Beach Historical Society based upon suCficient funds being received from a wide appeal for contributions/ donations and rereipts trom the Antique Show scheduled for February of 1995 (purchase S15,OOOand relocation of approximately SlO.OOO) Question #2 That the Preservation Board "ill fund all needed repairs and renovations. Answer The Preservation Board (john john.c;on) has assured me several times that monies are available for restoration costs (no estimates of these costs have been made for this phase as of today). Question #3 The Chamber or Commerce will staft the site as a visitor I information bureau and wlll fund aU operating costs. Answer The Chamber of Commerce (Bill Wood) has voiced a definite interest in aeating a Tourist Information Center and have further stated that they would consider providing support in the form of volunteers to operate the Center when established. The Chamber has not oommitted to underwriting any operation oosts/expense at this time. . . R.E.Cul1en Page Two September 18, 1994 Question -4 Specify eIactJy what you are asking from the City of DeJray Beach in the way or land and foundation preparation. Answer I propose the aty consider Worthing Park as a possible sHe (the Chamber inslsts on a centraJlzed site on Atlantic A venue for practical reasons). City assistanQ! is needed in proposing a slte plan and in engineering assistance for locating and planning utility services. Foundation construction would be coordinated with Mike Adair Moving Engineers (Mike Adair w111 incorporate engineering and foundation work in his bid ) Like any olber "Great Idea", there wi1l be costs that are not anticipated. However, this project has so many attractive features that I urge we go forward To Make This Happen. It the aty were to start from the beglnnJng to site and construct a Tourism Center, I venture it would cost in eIeess of what this wiU eventuaJly cost----and it would totally lack the rewards of investing In our heritage by redaimlng this bit eX our Delray Beach history I'm fully aware that there are a multitude or small planning items that wlll need to be addressed, but I'm also satisfied that there are those entities within our com.munity who will volunteer to help. llntend to work closely with the Delray Beach Historical Society to soHcit sufficient funds for the purchase and relocation of the building. The Preservation Board is obviously interested In this becoming a reality. and in the building being placed, before they can prepare a plan for restoration. May [ suggest a meeting be set-up with the Chamber and the appropriate City representative to draft a plan for usage and on-golng operations. This will be needed regardless of the final site selected. Sincerely, ;JJ<<pk Qu.\lQ.~ Robert B. Cullen , . <- ~~~ -~-=._- ---' = - The GREATER DELRAY BEACH Chamber of Commerce ---.---- September 20, 1994 Joe Weldon, Director Parks & Recreation Department City of Delray Beach 50 N.W. 1st Avenue Delray Beach FL 33444 Dear Joe: There is some question about the Chamber's role (or possible role) in the restoration and utilization of the old Delray Depot. Bob Cullen has accurately described the Chamber's position; we think it's worth discussing. Delray Beach is unique for many reasons and this City's strides in historical preservation is one them. The Delray Depot might well be a welcome addition to those efforts and to the downtown while providing a unique stop and a valuable range of services to our increasing number of visitors. However, I have absolutely no idea what the cost of operating the Depot as a tourist info booth would be. I'm not even sure the proposed location at Worthing park is the most ideal for that type of operation, although it seems to make sense. Furthermore, the costs of purchasing, moving, site preparation, renovating, staffing and operating the Depot as a visitor/tourism information booth may be difficult to justify on the basis of cost vs. benefit. However, it may be possible to set the Depot up as a static display with historical & tourist information visible/available and then staff with volunteers on special occasions and/or weekends. I will be discussing the proposal with the Chamber's Tourism Committee, but it is much too early to propose much of anything except to suggest we continue to look into it. Sincerely, rzi~od President depot DElRAV 8E,\CH f ~ 0 riD "- Greater Delray Beach Chamber of Commerce, Inc. ~_Ai_lI M.an.taClly 64 S.E. Fifth Avenue, Delray Beach, Florida 33483 , , III: 407-278-0424 · Fax 407-278-0555 Chamber Accredited bll United States Chamber of Commerce . . ~ O-b I ......-----..-.----... . - ....-~.,----.--..---.-...-~ . '"-''''' .. ......---..---..----..----.-..--- -. -.- I I . -------...-.---..-- '--"-- .-. ----- ___._u_..___u._____._ ---"--- ._---- ...__u____._.__ . ___._ .._. ..... .. _'" . _n . -. ....--.... .---'-"" ...---..-..... -~""- 1--.----- ') , . . .. --.-.----.. -------.---.- ----T.' --s: ,.1..... .-"--'--'---" -- __.....,......_.._.._.u.. - ..-._-- ..- ...-..u._..._.__.............. -. i i I I '."'" I ,I ' I I t, J (I 1 \ / I, / I' I \ i . 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" . /' /' ,/ , ; I. ~ ';--~7~~.'~'" ~ '" ;' ,,/ I '" ."... , - .. ~ I"""" \, " , . ,"J, ',!'.' \ .,' \.' /' \ #" , . / / /.' , / I, / !, / .- . ' -' , / /,/ '/ ." . ,-/ I ' . " / ," , ' , / f' / ",' \-- < ,""' '. " " ~ .. A " ;' '.,. \ .......,. , " //, '-. ,,/' , /, b . , / / /" ' ... ..... / " / '-, " '" I "_ /' -" ' " " "', / h / [--.., / , .' ... --.".::' ,'/' '.. -... ' f. ,,_........ .. ~// '", . /' --"\ ----~ ::;, " , '. ' -~'~-~---~~\~:-~-~~--~.~ -.1',~. ' '. " ,." :': " . ,,,"\ :\ 'l t;'\ ,.: :') " 0 ' "E'O\... -..v{ -,.2J 'J..' ". \.:..J 1. , '" 'v ~ 'P -= orI", , , ..... , ~~',' \ .#oo~), 00:P ~;-~,/!. ~\0^:' :''*y'';;' ~0\0~~~"~/"-."0~~,:,',0. ," ;: ~, '^ ' . '1/"- .r , ' "\ "r :.>'/'...' .,"',,' '.. "''-.'''',' / / // '" 7" ~ "/ ' " \ / " I . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tl/tf SUBJECT: AGENDA ITEM # q f) MEETING OF SEPTEMBER 27, 1994 ROOTS CULTURAL FESTIVAL. INC. DATE: SEPTEMBER 23, 1994 This is before the Commission to consider a request from the Roots Cultural Festival, Inc. to assist with the funding of a paid staff person to coordinate the planning and annual event activities for the festival. The all-volunteer group, under the chairmanship of Tommy Stevens, feels that the growth and success of the Roots Festival is requiring the attention of a full-time staff person to coordinate the year-long planning needed to carry out the annual activity. No specific amount was requested. As the Commission is well aware, there are many activities and events held in the City which are organized and carried out by volunteers. Examples of a similar scale would be Delray Affair, Little League Baseball, and Youth Soccer. There are numerous other smaller events (Harvest Fest, Soap Box Derby, Holiday Parade, etc.) . I believe, based on my experience, that the Roots Festival can be handled successfully by volunteers. I am very concerned about the precedent which would be set if we started funding staff for such activities. It would be appropriate, I believe, for City staff to work with Roots Cultural Festival, Inc. to assist them and suggest ways in which more volunteers might be recruited, as well as possible changes in how festival support is organized, in order to place less of a burden on anyone person. The City Commission has tentatively approved $2,000 in the 1994/95 budget for the Roots Festival. I would recommend denial of the request for the paid staff person at this time. f)~ ~-O . . '-1' I?- 7 Cp,\r)'-ri___ ROOTS CULTURAL FESTIVAL, INC. P.O. BOX 2654 DELRAY BEACH, FL 33444 ~)l~~t l \994 (407) 276-2099 ; fV '(;OMMI~&~~ fY\ana4 VL- August 30, 1994 Dear Mr. Harden: Once again it is a pleasure to bring you pleasant g reeti ng s on behalf of the members and friends of the Roots Cultural Festival. We have corresponded and worked together with you in the past, so I am sure introductions are not necessary. This time, we are contacting you to give you an update on what's happening with us and to let you know that things are really going well. In fact, we are a victim of our own success. The Roots Cu Itu ral Festival is growing so much until it's almost overwhelming. That's why we would like to take this moment to thank you once again for your continued su ppo rt in helping us to make it all possible. Without you, perhaps there would be no us. Because of our success, we are at a crossroad and desperately need your assi stan ceo The festival staff is made up of volunteers, most of whom are every day working people who give u nse Ifish Iy of their time, money and efforts. When we first got started ten (10) to twenty (20) volunteers could easily handle coordinating an event to se rve fou r or five hundred people. However, the task becomes much more difficult when you are planning for eight to ten thousand. The planning process fo r next year's festival begins immediately with the end of each annual event. The need fo r a paid staff coo rdi nator to facilitate the planning process is greater now than ever. The City has been generous in its support, for which we are greatful. However, we find it necessary at this time to ask fo r additio n al support to assist with the funding of a paid staff person. We are very proud of our festival and are 100 ki ng to enhance the quality of activities offered. Please correspond with us and let us know if additional su ppo rt is possible along with the amount of funding that we might work towards. Your positive consideration of this request is appreciated. ~eSpectfUII~ed, ~~~~ ~ To evens Chairman Of The Board Roots Festival, Inc. , I Cf!;Z7~ [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line DELRA Y BEACH (407) 243-7091 f L 0 . I " A ........ MEMORANDUM AII.America City l' II tbATE: September 16, 1994 TO: City Commission Il)q~ FROM: Susan A. Ruby, City Attorney SUBJECT: Catherine Stronq Center Attached please find a letter from Arthur Kahlenberg, Real Estate Specialist for the County indicating the they would recommend to the Board of County Commissioners an approval of a sublease to the' Boys and Girls Club for a period of twenty-five (25) years. The City would continue to remain liable under the lease, and the club's use would be solely and exclusively for public recreation purposes and Boys and Girls Club activities. Mr. Kahlenberg also indicated he would recommend a removal of the ninety (90) day cancellation clause in the event the club completes any permanent installation, improvement or addition to the property of a value that exceeds twenty-five thousand dollars ($25,000.00). Mr. Kahlenberg is interested in knowing whether this proposal is acceptable. Previously, the Commission had approved a form sublease and directed our office to obtain consent for a sublease for the property, while at the same time directing us to obtain title to the land if possible. The Boys and Girls Club, I believe is not interested in a twenty-five year (25) assignment due to the fact they plan to spend probably a million dollars or more on the property. Please let me know your thoughts on whether you wish to proceed with a conveyance, and if you wish to proceed with a sublease under the terms outlined by Mr. Kahlenberg. By copy of this memorandum to David Harden, our office requests that matter be placed on a City Commission agenda for di e David Harden, City Manager Alison MacGregor Harty, City Clerk Robert Federspiel, Esq. Mary O'Connor, Boys and Girls Club of Palm Beach County, Inc. Joe Weldon, Director of Parks and Recreation @ PII,.;,~(1 on RAcyclArf Paper 9E I Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Facilities Planning, Design & Warren H. Newell Construction Department Burt Aaronson Maude Ford Lee September 13, 1994 Susan A. Ruby, Esquire city Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 Re: county-owned land (lOI acres) located at the corner of SW 6th street and SW 17th Avenue, Delray Beach Dear Ms. Ruby: This is to confirm our conversation of September 8, 1994 wherein I advised you that we would recommend that the Board of County Commissioners approve a subletting of the referenced property to the Boys and Girls Club for a period of twenty five (25) years. The County's consent to the proposed sublease between the City and the Club would require that said agreement be subject and subordinate at all times to all of the terms and conditions of the County's Lease Agreement with the city dated December 1, 1992 (Resolution No. R92-1810D) and the city would continue to be liable under the Lease. The Club's use of the referenced property would be solely and exclusively for public recreation purposes and Boys and Girls Club's activities. In consideration of the Club's anticipated improvements on the referenced property, we would recommend that the ninety (90) day cancellation clause in our Lease be eliminated in the event the Club, in conjunction with its use of the property, completes any permanent installation, alteration, improvement, addition or modification to the property, the value of which exceeds Twenty Five Thousand ($25,000) Dollars. .-----~;,.-.. , i , II'\'.! "An Equal Opportunity - Affirmative Action Employer" 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 @prlnledon".CYcled_ (407) 233-0200 FAX: (407) 233-0210 . . . Susan A. Ruby, Esquir(~ September 13, 1994 Page 2 Please let me know if this proposal is acceptable. If it is I will require a copy of the sublease agreement between the City and the Club as an exhibit to a "Consent Agreement" that I will prepare for the Board's consideration. Also please advise what documentation you require to allow for the County Headstart Program's continued use of the Catherine Strong Recreational Center until the old Carver Middle School is available for occupancy. SincerelYiir/Ju Arthur Kahlenberg Real Estate Specialist AK/mmr c: Audrey Wolf, Director, FPD&C Ross C. Hering, Director, PREM Ellie Halperin, Assistant County Attorney Ed Rich, Director, Community Services Lease File ruby. let @ printed on r<<ycfed paper I . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf/;Vl SUBJECT: AGENDA ITEM # 9F MEETING OF SEPTEMBER 27, 1994 CHANGE ORDER NO. 3/ALL-RITE PAVING CONTRACTORS. INC. DATE: SEPTEMBER 23, 1994 This is before the Commission to consider Change Order No. 3 in the estimated amount of $61,792.50 and 14 additional calendar days to the contract with All-Rite Paving Contractors, Inc. for additional storm drainage on S.W. lOth Street from S.W. 2nd Avenue to S.W. 4th Avenue. This will complete the stormwater trunkline along S.W. lOth Street as requested by the Commission at the September 20, 1994 workshop meeting. Recommend approval of Change Order No. 3 in the estimated amount of $61,792.50, with funding from Stormwater Utility - S.W. lOth Street Main Trunkline (Congress to Federal Highway) (Account No. 448-5411- 538-62.42) . ~~-O . . Agenda Item No.: tzL AGENDA HI!UU.tST Date: September 23, 1994 Request to be placed on: _X_Regular Agenda Special Agenda Workshop Agenda When: September 27, 1994 Description of item (who, what, where, how much): staff requests City Canmission to approve add Olange Order #3 to All-Rite Paving COntractors, Inc. for the S.W. 10th street Road Widening - Phase I (91-68). Olange Order #3 is for additional stonn drainage on SW 10th st fran SW 2m Ave to SW 4th Ave as requested by the city Canunission at the September 20, 1994 workshop meeting. '!he attached engineer's CX>St estilnate reflects the items to be constructed am the respective unit prices. '!he total estilnate is $61,792.50. Also included will be a an increase in the COntract Time of fourteen (14) calerrlar days for this work. F'urrling Source is SW 10th st Trlmkline (COngress to Federal) acct no. 448-5411-538-62.42 for $61,792.50. OlIDINANCE/RESOllJI'ION REQUIRED: YES9 DRAFT A'lTACHED YES€;) Rec::ommeI'xBtion: staff ReconInends approval of Olange Order #3 Deparbnent Head a.. , It. 1 J." ~ Signature: t!/) , I Detennination of COnsistency with Comprehensive Plan: City Attorney Review/Rec::ommeI'xBtion (if applicable) BWget Director Review F em all items involving expen:liture of fuMs): F'urrling available: NO F\mding alternativ (if applicable) Account No. & Description~-S4f1-S~. b2..:~2...- ~a<MAAT€12~N lotlMMN- Account Balance..:J 5J OC50 Cf)~~-FeDMf City Manager Review: @ ?1 Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9168.doc . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER ,,~J. FROM: WILLIAM B. GREENWOOD, P.E~~ DIRECTOR OF ENV. SVCS. DATE: September 23, 1994 SUBJECT: S.W. 10TH STREET ROAD WIDENING - PHASE I Project No. 91-68 ------------------------------------------------------------------ Attached is an Agenda Request and cost estimate for the regular Commission Meeting on September 27, 1994, requesting change order #3 for the referenced project to All-Rite paving contractors, Inc. Also included in this change order will be an increase in the contract time of fourteen (14) calendar days. Our inhouse cost estimate is $ 61,792.50. Final cost data will be available the night of the Commission meeting. This change order consists of installing additional drainage along SW 10th Street from SW 4th Avenue to SW 2nd Avenue. This additional drainage will complete the stormwater trunkline along SW 10th Street as requested by the City Commission at the September 20, 1994 workshop. The funding source for the Drainage is from the Stormwater utility, SW 10th Street Main Trunkline (Congress to Federal Hwy) account no. 448-5411-538-62.42., Please place this item on the agenda for commission approval. WHG: kb Attachment . File: Project No. 91-68(0) C03-9168.WPD . 9/23/94 SW 10TH STREET ROAD WIDENING - PHASE I PROJECT NO. 91-68 CHANGE ORDER #3 UNIT TOTAL PRICE PRICE 1 Maintenance of traffic LS 1 $3,000.00 $3,000.00 2 Concrete sidewalk SF 330 $1. 75 $577.50 3 Type 'C' Inlet (0'_8' cut) EA 1 $1,300.00 $1,300.00 4 Type 'f inlet wi type 'C' inlet top EA 1 $4,800.00 $4,800.00 5 18" RCP LF 85 $22.00 $1,870.00 6 18" SRCP wi Exfiltration Trench LF 350 $55.00 $19,250.00 7 48" RCP LF 8 $65.00 $520.00 8 48" SRCP wi Exfiltration Trench LF 103 $175.00 $18,025.00 9 60" SRCP wi Exfiltration Trench LF 48 $200.00 $9,600.00 10 Remove drainage plug EA 1 $500.00 $500.00 11 Core existing inlet EA 1 $1,650.00 $1,650.00 12 Plug drainage stub EA 2 $350.00 $700.00 ItmmNI,;:::~x;1'4~~~;;';~~~~:"}~~~~;" :~~"~r~:'~~~;';TI~=III~"'::~'?"iE):'~~'~;::':i~' .:::....~:'.:...~.::.~..~.'..:~.~;~::.;:;)~;;s~.3;+t:~;~t<<::' mMt~[~~[f,~;: t.1\.*i':<xJ~{@)1d"i0i'v IS'W ~ t'~.. ,@ ~ (<<....:. ....,.,..;.:.x... . ",,,,'.v.',,:;;,,,<,,<<.," _~II;:;; U",~..".:::,'~l~x~~.~~.'~~~~":>.<!"~~'[;~;i"~~;~~~~~:~:;....:'.~~~~:~~N~U'~'~"::~"'^~~~~:v..v....v.~v~;.:~'~"~ ~~.. .......::.:CL. ..~.:;~..~ ::~., :"~::::....~:.:".~~. . .: \~:.>~v.~<& .: %:~~W~~~ , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fI1t'( SUBJECT: AGENDA ITEM i 9G - MEETING OF SEPTEMBER 27. 1994 APPOINTMENT OF ALTERNATE MEMBER TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: SEPTEMBER 22, 1994 In May, 1994, Harvey L. Brown, Sr. was appointed to serve as the alternate member on the Public Employees Relations Commission. On July 19, 1994, Mr. Brown was appointed as a regular member on PERC, thereby creating a vacancy for the alternate member. The unexpired term runs to June 26, 1998. Per the City's Code at Section 35.032(A)(a), the alternate member shall be a person who on account of previous vocation, employment or affiliation, is not or has not been classified as representative of employers or of employees or employee organizations (neutral capacity) . The appointee need not be a resident of the City. Applications from the following are on file for consideration: Norma Bannoura (has applied for any board) David Cohen (has applied for any board) Marta Dorfman Herbert Freese Murray Kalish Lorraine Kasper Leo Kierstein Harold Kirschner Rosalind Murray (has applied for any board) Deri Joy Ronis Milford Ross A check for outstanding violations and/or municipal liens has been conducted. None were found. Based upon the rotation system, the appointment will be made by Commissioner Smith (Seat #1). Recommend appointment of an alternate member to the Public Employees Relations Commission to fill an unexpired term ending June 26, 1998. IOty::.H/IIG I:!ns pEK.-- ref:agmemo12 $-0 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER flv\ SUBJECT: AGENDA ITEM # 911 - MEETING OF SEPTEMBER 27. 1994 APPOINTMENTS TO POMPEY PARK ADVISORY COMMITTEE DATE: SEPTEMBER 231 1994 The Pompey Park Advisory Committee is planned to consist of seven (7 ) members 1 with at least two of them to be between 13 and 19 years of age. On September 13thl when the Commission made the initial appointments to the committeel we had not received any applications from the teenage group. Since then we have contacted Atlantic High Schooll Carver Middle Schooll as well as eligible participants from Visions 2005. Applications have been received from the following: Melissa Arnold (age 17) Amy Azam (age 14) Sam Brown (age 13) ;9..11 . ~ Jessie Gaskins (age 18) ~. fvntcM One of the appointments for this age group will serve an initial term of one yearl while the other will serve an initial two year term. Based on the rotation schedulel the appointments will be made as follows: Commissioner Smith - a regular member for an (Seat #1) initial one year term Commissioner Alperin - a regular member for an (Seat #2) initial two year term Recommend appointment of two members to the Pompey Park Advisory Committee (13 to 19 years age group) for initial terms of one and two yearSI respectively. ref:agmemo22 , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Melissa Arnold (17 years of a~e) 9388 Nickles Boulevard; Bovnton Beach. FL 33436 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 734-9370 BUSINESS PHONE Atlantic High 243-1510 (call between 10:30 am ON WHAT BOARDS ARE YOU INTERESTED IN SERVING and 11: 20 am Pompey Park Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Participant in Visions 2005 EDUCATIONAL QUALIFICATIONS Senior year at Atlantic High School LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD junior lifeguard GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Trade Secrets DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Leadership abili~ies; community oriented PLEASE ATTACH A BRIEF RESUME. r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AIlE nU!, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION KAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 9/21/94 SIGNATURE DATE 4/90 , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Amy Azam (14 years of age) 200 Ross Drive; Delray Beach, FL 33445 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 265-0517 BUSINESS PHONE 279-1710 (Carver Middle) ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Pompey Park Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS attending Carver Middle School LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD active in sports and community minded PLEASE ATTACH A BRIEF RESUME. 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. 9/23/94 SIGNATURE DATE 4/90 , . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Sam Brown (13 years of age) 2456 Angler Drive, Delray Beach, FL 33444 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 276-6524 BUSINESS PHONE 279-1710 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Pompey Park Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS attending middle school (Carver) LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD . Civic minded PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AIlE 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. 9/23/94 SIGNATURE DATE 4/90 , . . , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Jessie Gaskins (18 years of age) 4993 N.W. 6th Avenue; Delray B~::Irh. FT. HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 499-0484 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Pompey Park Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTL Y SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Senior year, Atlantic High School LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION full-time student; works with father when time permits DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD on football team, sportsminded; leadership abilities PLEASE ATTACH A BRIEF RESUME. 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. 9/20/94 SIGNATURE DATE 4/90 , . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttJv( SUBJECT: AGENDA ITEM # 't-:r:- - MEETING OF SEPTEMBER 27. 1994 RATIFICATION OF MEMBERS/KIDS AND COPS COMMITTEE DATE: SEPTEMBER 231 1994 Due to his recent promotionl Ross Licata is no longer serving on the Kids and Cops Committee. This creates a vacancy for a representative of the Police Department 1 as designated by the Chief of Police. To fill this positionl an application has been received from Edward Smithl Crime Analyst. His appointment would be to complete the unexpired term of Lt. Licata ending April 221 1995. In additionl an application has been received from Reverend Bernard J. Pecaro as the representative for the Ministerial Association. This would be an initial appointment for a two year term ending April 221 1996. With the ratification of these appointments 1 vacancies remain for a representative from Atlantic High School as well as from the Atlantic High School Student Council. Staff is continuing to work with these groups and hopes to obtain applications in the near future. Staff will also be bringing forward an ordinance amendment to allow expanded representation in the Citizen-at-Iarge categorYI at the discretion of the Commissionl at your next regular meeting. Recommend ratification of the appointment of Edward Smith to the Kids and Cops Committee as a representative of the Delray Beach Police Department 1 to fill an unexpired term ending April 221 1995; and ratification of the appointment of Reverend Bernard J. Pecaro as the representative for the Ministerial Associationl to a term ending April 221 1996. ref:agmemo26 . . . ,. ! DELRAY BEACH , , cl. lJ' Delray Beach Police Department tIaIdI AJl.AIlBica CIty 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , III J; (407) 243-7888 Fax (407) 243-7816 1993 July 8, 1994 Kids & Cops Committee Members: As a result of my recent promotion to the rank of Road Patrol Lieutenant, I will no ~onger be the Kids & Cops Coordinator for the Police Department. Officer Jeffrey Miller, who most of you know from the Committee, will be taking over this responsibility . My experience in the Kids & Cops Program has been by far one of the most rewarding of my 17 year law enforcement career. I truly feel that this program has had a positive influence on thousands of children in the City of Delray Beach, and has also proved to be very rewarding for myself and many other police officers. I would like to take this opportunity to personally thank each and every one of you for all of your assistance and contributions to the Kids & Cops Committee, as well as your personal commitment to the youth of Delray Beach. Without your help we could not have achieved such success. I hope to stay involved in future Kids & Cops adivities, as a participant, and hope to see you during these events. Officer Jeffrey Miller has also played a key role in many Kids & Cops events and special adivities over the years, and with his experience and dedication to our local youth I am confident that this program will continue to achieve a tremendous amount of success and benefit many children in our community. Thank you again for all of your assistance during the past three (3) years on the committee. Sincerely, ~. ~~fq ~ ROSS LICATA, SER NT vis , . CITY OF DELRAY SEACH BOAlD ~EMBER APPLICATION ~A.\{E E1JuJlf(L/) G. ~':'I-I /S~O NW 22- A viE. · 7J(!(fi/l i B~fYcH. t:(. J J y~S HOME ADDRESS (Stre.c, City, Zip Cod.) (LEGAL RESI6ENCE) 3'00 w' A7LAu-r;c.. -AVe.,. 7)~i..f<"'1. I3€fJC!J) n. ]J'I'IY PRINCIPAL BUSINESS ADDRESS (Ser..e, CiCy, Zip Cod.) HOKE PHONE (lfo7) ;;"~S'.172j- BUSINESS PHONE(YoV J'IJ- ifl/) ON WHAT BOARDS All! YOU INTERESTED IN SERVING /~'7J S IJN/j (111 S ~ ... LIST ALL CITY BOARDS ON WHICH YOU All CUaRINTLY SEB.VINGOa KAV! PREVIOUSLY SERVED (Pl.... includ. d.c..) ;J D I-> e.: . EDUCATIONAL QUALIFICATIONS . S-~t! ,<;r'f /I CHt!9" LIST ANY RELATED PROFESSIONAL CIITIFICATIONS AND LICINSIS walCH YOU HOLD Sf:! (:.I IJ li)1 C l..t.( 0. GIVE YO~ PBSUT. oa MOST UCDr _LOYEIl. AND POStTIOI Ct fy of P~ut."1 15 ~ II tH. &t.J ~t e jJ,.,JAL7S l' DESCIII! Dl'WDCU. SI!U.I 0& DOWLEDG! WHICH QUALI" YOU to SIlVIO. THIS BOAID. , Ji . A .4 1:: ACTliJe COIfUf /,.) 'IIUTJ/ (JIfS/((i!3AtLlI, 7JoM.€.) 1J1'JSj(~r/!;tlllL ~J(/(~.-t~-'1' . ~ ft'lI,t-ttUl f'1f~ ~.llAK!//~ ~"'CJ/ %u ril ~);JP'1'24d ,',v n,~J.J~riru r.' PLEASI ATTACH A Ballr DSUMI. I REUBt ClllTIn THAT ALl. TlI AlOft STATDWlTS All nUI..um I AGIII AIlD. UNDIlSTAHD THAT Aft KIS,TATtMDt or KATIIlIAL FACTS CORtAIIID I' THIS AI'LICA- TIO. KAY CAUSE rOIlElTUU U'O' KY 'AaT 0' A!IY AlPOllfl'MDt I KAt DClln. " . S:Lc-f.?l~ ~/] - <; y An~AroU D~I , ~/Qn - - --- --- . .. . . 1560 N.W: 22 Ave. RESUME Home (407) 265-1725 Delray Beach. FL 33445 Work (407) 683-8311 EDWARD G. SMITH OIIII!;CT I-~ rh",nenging aQJRiRiur:otti':e pssitie.ft 8.3 Data prQrpccing ~lIp~n'iioror Ofe."'l;ul&~ Manager. SUMMARY OF QUALIFICATIONS Resourceful, Experienced Supervisor. Managed technical and support personnel on wide range of data-based systems and accounting operations. Supervised numerous new systems development projects and user-training programs. Comprehensive Finance BackllI'ound. Actively involved in all vital aspects of corporate financial accounting, cost analysis, budgeting and tax reporting. . Solid Technical Expertise. Extensive hands-on experience with state-of-the-art micro- and mini-computers and telecommunications systems. Exceptional abilities in designing, imple- menting and troubleshooting complex programming systems. Plannin2' and Analyses. Adept in policy, procedure, work flow analyses and reports. Wide ranging experience in the analysis and collection of data for annual reports, marketing plans, cost reviews and budgets. Communications. Outstanding verbal and written communication skills. Skilled in preparing proposals, reports, training aids and technical user-documentation. EDUCATION B.S., Operations Management, UNIVERSITY OF NEW HAVEN, CT, 1977 Multi-disciplinary degree, with minors in Accounting, Economics and Computer Science. A.S., Electronic Engineering (Dean's List), ROGER WILLIAMS COLLEGE, R.I., 1971 Served U.S. Navy, Electronics Engineering, 1961-69 Attended sraduate programs in Applied Computer Science (UNIVERSITY OF NEW HAVEN, 1977), Advanced General Accounting (FLORIDA ATLANTIC UNIVERSIn 1985-86), and Corporate Employee Benefits Analysis (FLORIDA ATLANTIC UNIVERSIn 1989) PERSONAL Born February 23, 1943. Married. Excellent health. .. , . CITY OF DELRAY BEACH BOARD ~EMBER APPLICATION The Reverend Bernard J. Pecaro ~AME 329 N.W. 16 St. Delray Bch,., FL 33444 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) 188. S. Swinton Ave. Delray Bch., FL 33447 PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) HOME PHONE 407/274-8817 BUSINESS PHONE 407/276-4541 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING "KIDS AND KOPS" -~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Pleas, include date.) NONE EDUCATIONAL QUALIFICATIONS Master of Divinity. Currently enrolled in a Ph.D. program: Pastoral Theology. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Episcopal Priest/Navy Reserve Chaplain/CPR Certified GIVE YOUR PRESENT. OR MOST RlC!NT EMPLOYER. AND POSITION St. Paul's Episcopal Church: Assistant Priest/Curate DESCRIBE EXPER1!HCES, SIILLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON nns BOARD I have vast amounts of experience working with youth within . church and civic structures. PLEASE ATTACH A BRIEr RlSUKI. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AAI TRUE, AND I AGUE AND UNDElSTAND THAT ANY KISSTATEKIHT or MATERIAL FACTS CONTAINED III THIS APPLICA- , TION MAY CAUSE FORlEtTUIE UfOH MY PART OF ANY APPOINTMENT t KAY UCEtVE. / 09August1994 DATE t../Qn , I M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: - MEETING OF SEPTEMBER 27. 1994 AGENDA ITEM i ,J[ RATIFICATION OF APPOINTMENTS TO THE OLD SCHOOL SOUARE BOARD OF DIRECTORS DATE: SEPTEMBER 23, 1994 Attached is a list of recommended appointees to the Old School Square Board of Directors to serve a provisional one-year term for 1994/95. They are: Sam Betor Jeanne Dubin Michael Manning Claudette Paris John Shipley R. J. Sims Michael Weiner The action requested of the Commission is ratification of the recommended appointees listed above, or make an alternate recommendation. Recommend Commission discretion. ref:agmemo23 . . CcJ.~ ~ 9/15/94 c: City Commission City Manager '.. ...1 1 S 1994 if ,-; ,. ..... ::": i "I' Y (~(J il,'l f~': i ~; ~.; t Cx< C U L T U R A L September 13, 1994 ART S CENTER # Honorable Thomas E. Lynch City of Delray Beach 100 N. w. 1st Avenue Delray Beach, Florida 33444 ~- Dea:r ~Lynch: The next fiscal year is fast approaching and Old School Square is developing a list of new board members to serve a provisional one-year term for 1994-95. The enclosed is a list of recommended appointees. It is customary that the city be given the opportunity to make a recommendation whether it is an endorsement of a candidate from the current list or another person. Please advise the City Commission of our request and forward the recommendation at your earliest convenience. Thank you for your continued support. Sincerely, JG/bak cc: Mr. Alan Armour Mr. Bob Barcinski Old School Square,lnc. 51 North Swinton Ave, Delray Beach, Florida 33444 fA.........'.......... .................... . . ' ~ HEW KElfBERS FOR PROVISIOMAL YEAR 1994-1995 - - - l-JEANNE DUBIN - YOUNG MOTHER, CIVIC INVOLVEMENT WITH THE TENNIS CENTER AND DELRAY BEACH CULTURAL HISTORICAL SOCIETY. INTEREST IN ART S C E N T E R CHILDREN'S ACTIVITIES. HUSBAND: BRAHM (DELRAY BEACH GOLF COURSE) 2-MICHAEL MANNING-ATTORNEY, FATHER OF THREE ~OUNG CHILDREN. ATTENDED OR WORKED ON MOST OF OLD SCHOOL SQUARE'S EVENTS; ACTIVE IN PRESBYTERIAN CHURCH. WIFE: SHARON 3-SAM BETOR - SUN BANK TRUST - CONTINUES SUN BANK'S INTEREST IN OLD SCHOOL SQUARE. 4-JOHN SHIPLEY - ATTORNEY WITH FIRM WHOSE CIVIC INVOLVEMENT IS WELL KNOWN; RAISED IN DEL RAY BEACH. HAS SUPPORTED AND ATTENDED MOST OLD SCHOOL SQUARE EVENTS. WIFE: KARl - VERY ACTIVE IN DBHS. 5-MICHAEL WEINER- ATTORNEY: CIVIC LEADER. HAS HAD LEADERSHIP ROLE IN DEVELOPMENT OF PINEAPELE GROVE AS A MAIN STREET; LONG TIME SUPPORTER OF OLD SCHOOL SQUARE BOTH FINANCIALLY AND PHYSICALLY. 6-CLAUDETTE PARIS-COMMUNITY ACTIVIST INVOLVED WITH MANY DELRAY BEACH PROJECTS. MOVED HERE FROM TORONTO - FORMERLY WITH ROYAL BANK. 7-R.J. SIMS - LOCAL BUSINESS LEADER; OWNER OF SEAGULL SHOP ON E. ATLANTIC AVENUE; STRONG ACCOUNTING BACKGROUND. WIFE: SUSIE FFB:gja Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 (407) 243-7922 'I - M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Biv1 SUBJECT: AGENDA ITEM i q,!K - MEETING OF SEPTEMBER 27. 1994 APPOINTMENTS TO THE OCCUPATIONAL LICENSE EOUITY STUDY COMMISSION DATE: SEPTEMBER 23, 1994 This is before the Commission to appoint three ( 3 ) members to the Occupational License Equity Study Commission as outlined in the attached staff report. One will serve as a regular member, with two alternates. According to the rotation schedule, the appointments will be made by: Commissioner Smith (regular member) - OiA-nE- m A- reo t1-B- Commissioner Alperin (alternate member) - KOY 51'mon Commissioner Ellingsworth (alternate member) - U,'nC-S cPnnin:] ) :::Je . Recommend appointment of one regular member and two alternate members to the Occupational License Equity Study Commission. ref:agmemo24 , MEMORANDUM TO: DAVID T. HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEME~ SUBJECT: APPOINTMENTS - OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION DATE: SEPTEMBER 21, 1994 ITEM BEFORE THE COMMISSION: Commission action is requested for the appointment of one regular and two alternates members to the Occupational License Equity Study Commission. BACKGROUND: At the regular Commission meeting of August 24, 1993, five regular members were appointed to the Occupational License Study Commission. The Study Commission was established by Resolution No. 74-93 on August 10, 1993. Mr. Robert Hayes has resigned from the committee and the Chamber of Commerce has informed us that the following persons are interested in serving: Ms. Diane Marotta (regular member), Roy Simon (alternate) and Beth Dullagham (alternate). RECOMMENDATION: Staff recommends the appointment of Diane Marotta as a regular member of the Occupational License Equity Study Commission and Roy Simon and Beth Dullagham as alternate members. LB:DQ Appoint.OL , - . . , . Ag-enda I tem No. . 1 !{ ; .^GENDA REQUEST Date: 9/21/94 Request to be placed on:' X Reqular Aqenda Special Aqenda Workshop Aqenda When: 9/27/94 . Uescription of aqenda item (who, what, where, how much): Appointment of one regular member and two alternate members to the Occupational License Equity Study Commission ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~K; -., - . -r __.Jl Determination of Consistency with Co'prehensive Plana City Attorney Review/ Recommendation (if applicable). , . Budget Director Review (required 00 all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for aqenda: (;~/ NO ttr1 Hold Until: J Aqenda Coordinator Review: Recei.ved: , Action: Approved/Disapproved , . - '~~ t/ ~ f~ [IT' DF DELRA' BEA[H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line DELRAY BEACH (407) 243....7091 f lOR I D A bf.Ia.tI MEMORANDUM IJ/O AII.America City ~'1I'1<-1 " III!oate: September 22, 1994 1993 To: City Commission From: Susan A. Ruby, City Attorney Subject: Appointment of Assistant City Attorney Pursuant to the City Charter the City Commission appoints assistant city attorneys, as well as the city attorney and special counsel; therefore this item is being placed on your agenda for your meeting of September 27, 1994. During the budget sessions for the 1994-95 fiscal year, the City Commission authorized the retention of an assistant city attorney. It is my recommendation to the City Commission that you appoint Brian Shutt as an Assistant City Attorney I. Brian began working with our office in January of 1994 as a third year law student with the Civil Extern Program of Nova University. When the program was concluded in April, the Commission approved our hiring Brian as a part-time Law Clerk. Brian has done a terrific job since he has been with our office. The quality of his work has been outstanding. Brian graduated from Virginia Polytechnic Institute & State University with a Bachelor of Science in Civil Engineering degree. He graduated from Nova University, Shepard Broad Law Center in May of this year. Brian has passed the Florida Bar Exam and was sworn in today. A copy of his resume is attached for your information. I have offered Brian, contingent upon his appointment by the City Commission, a starting annual salary of $30,000.00. The other terms and conditions of Brian's appointment will be as follows: The salary of $30,000.00 would be on an annual basis with merit increases occurring on October 1 in conjunction with the start of every new fiscal year; vacation and sick days would be the same as with all non-represented general employees; insurance benefits on par with other non-represented general employees; and Brian would be eligible to participate in the ICMA Retirement Plan beginning one year after his date @ Printed on Recycled Paper 9L , ~ . Memo to City Commission September 22, 1994 Page 2 of hire as an Assistant City Attorney I with the City. Additionally, Brian would commence receiving the automobile allowance granted to assistant city attorneys. It is my intention to place this matter on your regular City Commission agenda of September 27, 1994 for your consideration. At such time, the appropriate motion would be to appoint Brian Shutt as Assistant City Attorney I at an annual salary of $30,00.00 to start under the terms and conditions as set forth in this memorandum, to be effective October 10, 1994. ~- Attachment cc: David Harden, City Manager Ned Gusty, Interim Human Resources Director Brian Shutt acal. sar " . . . ( ( R. BRIAN SHUTT 241 Royal Court . Delray Beach . Florida, 33444 . 407/243-9493 education NOVA UNIVERSITY, SHEPARD BROAD LAW CENTER, Fort Lauderdale, FL Candidate for Juris Doctor, May 1994 Honors & Activities: Goodwin Research Fellowship VIRGINIA POLYTECHNIC INSTITUTE & STATE UNIVERSITY, Blacksburg, VA Bachelor of Science in Civil Engineering, May 1987 related DELRAY BEACH CITY ATTORNEY'S OFFICE, Delray Beach, FL 1/94 - Present experience . Legal Intern Researched and drafted memoranda of law, pleadings and motions in all civil matters LAW OFFICES OF WOOD & STUART, P.A., Fort Lauderdale, FL 5/92 - 3/94 . Law Clerk Researched and drafted memoranda of law, pleadings and motions encompassing all aspects of ad valorem taxation PROFESSOR MIKE FLYNN, Fort Lauderdale, FL Summer 1992 . Research Assistant Researched recreational tort liability NORFOLK SOUTHERN CORPORATION . Track Supervisor, Valdosta, GA 9/89 - 8/91 Directed operations of track maintenance and construction in GA and managed all office activities such as inventory control, accounting assessment of on-site emergencies, coordination of daily work schedules, supervised 15-45 employees and expedited safety rules and procedures . Assistant Track Supervisor, Conneaut, OH 7/89 - 9/89 Supervised 25-30 employees in the Ohio and N.Y. regions . Management Trainee, Macon, GA 7/88 - 7/89 Supervised various maintenance and construction activities . Engineering Co-op Student, Roanoke, VA 1/86 - 6/86 Assisted supervisors of production department in track construction .TEXACO REFINING AND MARKETING INC., Fairfax, VA 11/87 - 7/88 . Field Maintenance Supervisor Supervised,maintenance and construction projects on Texaco stations in the Northern VA, Washington D.C., and Maryland areas, handled environmental problems which occurred in the territory VIRGINIA DEPARTMENT OF TRANSPORTATION, Christiansburg, VA 5/87 - 11/87 . Inspector Inspected highway, bridge, and retaining wall construction sites documented and processed information from various sites additional Compu'ters: IBM MS-DOS 6.2, Lexis, Westlaw, Microsoft Word skills 2.0, Wordperfect 5.1, Microsoft Windows 3.1. :1 I [ITY DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 4071278-4755 Writer's Direct Line DELRA Y BEACH (407) 243-7091 , t () It I I) ... t&e:d MEMORANDUM AII.America City " II t~ATE: September 15, 1994 1 \)q3 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Employment Aqreement Attached is an Employment Agreement for your consideration. Paragraph 13 addresses severance pay in the event of termination. I have left a blank as to the number of months of aggregate salary for severance pay. The City Manager's contract calls for six months severance pay and the form agreement that the Commission approved for department heads calls for essentially ninety days of severance pay. This Agreement does not alter the fact that the City Attorney is an at-will employee that can be terminated with or without cause. By copy of this memorandum to David Harden, City Manager, I request that the Agreement be placed on the September 27, 1994 agenda for City Commission consideration. you have any questions. Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk ~ s--o) 0/90 dfup ~ @ Ponted on RecYCled Paper 911 , EMPLOYMENT AGREEMENT THIS AGREEMENT by and between the City of Delray Beach, Florida (the City), and Susan A. Ruby ("Employee"}, is entered into this ____day of , 1994. WHEREAS, the City, through the City Commission desires to provide certain benefits and to establish certain conditions of employment; and, WHEREAS, the Employee has been employed by the City since October 8, 1986; as an Assistant City Attorney; and, WHEREAS, the Employee has been employed by the City as City Attorney since April 13, 1993; and, WHEREAS, the City and Employee agree that formalizing certain terms and conditions of employment are to their mutual benefit. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Duties The City hereby agrees to continue to employ said employee as City Attorney of the City of Delray Beach, Florida to perform the functions and duties specified in the City Charter and Code of Ordinances of the City of Delray Beach, Florida and to perform other such legally permissible and proper duties and functions consistent with the office of the City Attorney, as the City Commission of the City shall from time to time assign. , Section 2. Term. A. The term of this Agreement shall be from the effective date of the Agreement and until termination by either party in accordance with the provisions set forth herein. During the term of this Agreement, the Employee shall be a full-time City Attorney. B. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the City and the City Commission to terminate the services of the Employee at any time, with or without cause, subject only to the provisions set forth in this Agreement and those contained in the City Charter of the City of Delray Beach, Florida. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from Employee's position with the City, subject only to the requirements and provisions set in this Employment Agreement. Section 3. Salary. City agrees to pay Employee an annual salary, payable in installments at the same time as other general employees are paid. The City Commission shall engage in an annual performance evaluation and salary review of said Employee made not later than in August of each year being in advance of the final adoption of the annual operating budget of the City so that appropriate funding may be provided. Any salary increase awarded shall be effective October 1st of each year. 2 , , The Employee shall be entitled to all of cost-of-living/economy increases which the City may grant to its upper management level employees not covered by an collective agreement, if any, when such increases are authorized and commenced by the City Commission. Section 4. Deferred Compensation. The City agrees to pay an amount equal to 9.5 percent (9.5%) of the Employee's base salary into the International City Management Association -- Retirement Corporation (ICMA-RC) in equal proportionate amounts on a monthly basis. In the event such contributions to the ICMA-RC retirement plan exceed the maximum permitted by Federal law or Internal Revenue Service regulations to accrue to Employee's benefit on a tax deferred basis, said excess amount shall be paid as direct compensation to the Employee. Section 5. Vacation, Sick Leave, FLSA. The Employee shall be entitled to sick, vacation and Fair Labor Standards Act (F.L.S.A.) leave, as provided other management employees and general employees of the City, not covered by a collective bargaining agreement. Section 6. Disability, Health, Life and Worker's Compensation Insurance. The City agrees to provide life insurance, health insurance, disability insurance and worker's compensation 3 , insurance to the Employee under the same terms and conditions as other management employees and general employees, not otherwise covered by any collective bargaining agreement. Section 7. Automobile, The Employee's duties require that Employee have the use of an automobile during employment by the City. To that end, the City shall grant Employee a car allowance having an adjusted after tax benefit of four hundred dollars ($400.00) per month. Section 8. Outside Activities and Hours of Work. It is recognized that Employee must devote a great deal of time outside normal office hours to business of the City. Employee shall be allowed to take reasonable compensatory time off as shall be deemed appropriate during said normal office hours. Section 9. Civic Club Membership. Employee is authorized to become a member of one civic club for which the City will pay dues, as well as reasonable expenses for attendance at breakfast, luncheon or dinner meetings. Section 10. Professional Development. A. Employee is encouraged to enhance professional development. The City agrees to budget and pay for 4 '. , professional dues, subscriptions, continuing education, all as may be necessary for her continuation and full participation in national, regional, state and local associations and organizations, and as may be required to remain in good standing with the Florida Bar. B. The City hereby agrees to budget for and pay for reasonable and necessary travel and subsistence expenses of the Employee for professional and office travel, meetings and occasions adequate to continue the professional development of the Employee. Section 11, Annual Physical. The Employee, at Employee's option, shall be eligible for an annual physical to be provided by the City. Section 12, Indemnification. A. The City shall provide a legal defense and indemnification under the same terms and conditions as provided to other employees of the City in accordance with the requirements and provisions of the City Charter and Code of Ordinances of the City of Delray Beach, Florida. The City shall have the right to compromise and settle any such claim or suit and pay the amount of any such settlement or judgment rendered thereon, in its sole discretion, B. The City shall bear the full cost of any fidelity or other bonds which may in the future be required of the Employee by law or ordinance. S , - Section 13. Termination and Severance Pay. A. In the event the Employee is terminated by the city Commission, the City agrees to pay the Employee a lump sum cash payment equal to aggregate salary; provided, however, that this provision notwithstanding, in the event the Employee is terminated because of her being found guilty by a court of competent jurisdiction of an illegal act involving personal gain to her, or of any felony or misdemeanor involving moral turpitude, then, in that event, the City shall have no obligation to pay any aggregate severance pay designated in this section. B. In the event the Employee voluntarily resigns her position with the City, then the Employee shall give the City at least thirty (30) calendar days notice in advance, unless the parties otherwise agree, and in such case of voluntary resignation, the Employee shall not be eligible for payment of the aggregate severance pay set forth in this Section. Section 14. Other Terms and Conditions of Employment. A. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, . provided such terms and 6 , conditions are not inconsistent with or in direct conflict with the provisions of this Agreement, the City Charter, the Code of Ordinances, or any other applicable law. B. All other provisions of the City Charter, City Code of Ordinances, and rules and regulations of the City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter amended, shall also apply to the Employee as it would be to other general employees of the City, not covered by a collective bargaining agreement, in addition to benefits of the Employee provided for in this Agreement. C. The Employer shall not at any time during the term of this Agreement, reduce the salary, compensation or other financial benefits of the Employee, except to the degree of such a reduction across-the-board for all general employees of the City. Section 15. Notices. Notices shall be given by regular first class mail, addressed as follows: City: Mayor City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Employee: Susan A. Ruby, Esq. 200 N.W. 1st Avenue Delray Beach, FL 33444 7 , . . . Alternatively, notices may be hand-delivered. Notice shall be deemed given as of the date of personal service or as of the date of deposit in the course of transmission in the United States Postal Service. Section 16. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall. be binding upon and inure to the benefit of the heirs at law and executors of the Employee. C. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, a portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first written above. Attest: City Clerk Mayor Approved as to Form: City Attorney Susan A. Ruby 8 , , - - - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7t-1 SUBJECT: AGENDA ITEM i IDA - MEETING OF SEPTEMBER 27. 1994 RESOLUTION NO. 75-94 DATE: SEPTEMBER 2 1, 1994 Resolution No. 75-94 levies a tax on all properties in the City of Delray Beach for fiscal year 1994/95 as follows: 6.88 mills . for operation and maintenance of the General Fund 1.07 mills . . for the payment of principal and int~rest on bonded indebtedness 7.95 mills . . . Millag-e rate ---------- ---------- The operating millage rate of $6.88 per $1,000.00 exceeds the rolled-back rate of $6.82 per $1,000.00 by 0.9%. Pursuant to the City's Charter and TRIM requirements, the millage-levy resolution must be read in full and a public hearing must be held prior to adoption. Recommend approval of Resolution No. 75-94. ~ 5-0 ref:agmemo7 , . ,I I . RESOLUTION NO. 75-94 I , i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE i PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID , COLLECTIONS THEREUNDER. ! I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE , CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: , Section 1. That there shall be and hereby is appropriated , for the General Fund operations of the City revenue derived from the , tax of $6.88 per one thousand dollars ($1,000.00) of assessed valuation ! which is hereby levied on all taxable property within the City of Delray Beach for the fiscal year oommencing October 1, 1994, and ending September 30, 1995j the assessed valuation on all taxable property for operating purposes within the City of Delray Beach being $2,480,167,323j for operating and for maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The operating millage rate of $6.88 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.82 per one thousand dollars ($1,000.00) by 0.9%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,515,915 and that there is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $1.07 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1994, and ending September 30, 1995, upon the taxable property of the City of Delray Beach, the assessed valuation being $2,480,167,323. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065 (5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the roll to be extended. , - - Section 4. That public hearings were held on the proposed budget on September 13, 1994, and on September 27, 1994. PASSED AND ADOPTED in regular session on this the 27th day of September, 1994. i ~~ I ! ATTEST: o /lMn'i1JlL' kA13f J/o l:/;y ity Cl k : ~ -- , , , I - 2 - Res. No. 75-94 I , - . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS A FROM: CITY MANAGER t"'tt ( SUBJECT: AGENDA ITEM # JO B - MEETING OF SEPTEMBER 27. 1994 RESOLUTION NO. 76-94 DATE: SEPTEMBER 21, 1994 Resolution No. 76-94 levies a tax in the amount of 0.85 mills on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 1994/95 for operation and maintenance, and appropriates the collections thereunder to the DDA. Per TRIM requirements, tax levies for dependent special taxing districts such as the DDA must be separately discussed and adopted at the meeting. The millage-levy resoluti~n must be read in full and a public hearing conductedpri~r to~adoption. Recommend approval of Resolution No. 76-94. ~ ~-O ref:agmemo8 ~ - . RESOLUTION NO. 76-94 , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District, revenue derived from the tax of $0.85 per one thousand dollars ($1,000.00) of assessed valuation which is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 1994,' and- --ending September 30, 1995; the assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach being $99,272,514; for operating and for maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The operating millage rate of $0.85 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.83 per one thousand dollars ($1,000.00) by 2.4%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2) (e) (2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3% ) with the taxable value shown on the roll to be extended. Section 3. That public hearings were held on the proposed budget on September 13, 1994, and on September 27, 1994. PASSED AND ADOPTED in regular session on this the 27th day of September, 1994. ~~ ATTlPl;" ~ 'NmfljfV f.~~nJ 110* C ty C er I , . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {Iv ~ SUBJECT: AGENDA ITEM it /0 C, - MEETING OF SEPTEMBER 27. 1994 RESOLUTION NO. 77-94 DATE: SEPTEMBER 22, 1994 Resolution No. 77-94 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 1994/95, and prescribes the terms, conditions and provisions with respect to the items of appropriation and their payment. The appropriations are set forth in Exhibit "A" to the resolution. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. Recommend approval of Resolution No. 77:=94. ~ 5-0 ~kr w/~ c;n ref:agmemo9 , . RECEi\JC:L URBAN LEAGUE OF PALM BEACH COUNTY, I~ 231994 1700 North Australian Avenue West Palm Beach, Florida 33407 CITY MM'~('\F~'C: OF- (407) 833-1461 · Fax (407) 833-6050 . - Fie!: September 22, 1994 To: Thomas Lynch...... Mayor Jay Alperin ...... Vice-Mayor Ken Ellingsworth.. Depu~y Vice-Mayor David Randolph .... Commissioner Barbara Smith..... Commissioner Dear Commissioners, This letter is to request your approval of the Urban League of Palm Beach County total funding proposal for forty-three (43) thousand dollars. A meeting has been held with the City Manager, Mr. Harden last week to discuss funding of the Urban League programs. Along with myself were Larry Parker, Advisory Chairman for our OutReach Office, and Leroy Harrison, OutReach Coordinator for the De1ray Off ice. The r e co mm end a t ion was t 0 a p pea I tot he C i t Y Commissioners. Our proposal for forty-three 143} thous~nd dollars is to be used to staff the Delray B-each - OutReach Office. The County Communi ty Development department informed us that we wi 11 not receive funds for this position because the City of Delray receives Community Development Block Grant Entitlement Funds. The Urban League of Palm Beach County has been serving the citizens of Delray Beach for more than a decade. We have made a difference in the lives of hundreds of the citizens in Delray by assisting with electric bills, water bills, emergency food, rental assistance, mortgage assistance and money management. As you know, this kind of aid has a direct effect on the city's infrastructure and it's residents. There are other programs we have brought to Delray such as: Crime Prevention (Youth), Fall-fix and Weatherization. If details are required, my staff or I can discuss with you. The city of West Palm Beach provide funds for one full-time and part-time person to The Urban League. The need for funds are to provide services at the OutReach Office open in Delray. ,,",, Commissioners, We need your support. If you have any questions, please contact me. (Q~~~ Otelia DuBose, Ph.D. President/CEO xc: .....Mt}'~llri.. *' City Manager " Delray Beach '0 "BUILDING FOR EQUAL OPPORTUNITY" . Y Serving all of P<llrn Be<lch County Un_d w.v ..- "-"~.' 1,.' , RESOLUTION NO. 77-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1994, TO THE 30TH DAY OF SEPTEMBER, 1995; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby. appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in : this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1994, and ending the 30th day of September, 1995, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1994, and ending the 30th day of September, 1995. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1994, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1994, provided, however, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the I credit of the Water and Sewer Fund, Sanitation Fund or any Fund created : by the setting up of special revenue, but such balances shall be used 1 in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 1994. ; i , Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained; and if such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the. city shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That this resolution shall be effective on October 1, 1994. PASSED AND ADOPTED in regular session on this the 27th day of September, 1994. ~,~ , MAY~ ATTEST: ()L"nn'f{/!{,.Jij~ !/nfht ity Cl k - 2 - Res. No. 77-94 , . BUDGET SUMMARY EXHIBIT A DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 137,420 18.078 1.676.890 54,620 1.887,008 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 688 16,210.380 16.210.380 AD VALOREM TAXES 1.07 2,521,090 2,521.090 AD VALOREM-DELINQUENT 89.000 89.000 AD VALOREM - DDA 085 84.382 84.382 Sales & Use Taxes 1.428.040 1,428.040 Franchise Taxes 2.674,000 2.674.000 Utility Taxes 4.508,000 4.508.000 Licenses & Permits 1,605.910 1,605,910 Intergovernmental 4.231.940 58.000 1.847,514 6.137,454 Charges for Services 2,178,100 24,037,750 26,215.850 Fines & Forfeitures 249,000 0 249,000 Miscellaneous Revenues 2.775.910 1.500 445.300 13.000 3,235.710 Other Financmg Sources 2.338.360 516.340 739,010 3.593,710 TOTAL REVENUES AND OTHER FINANCING SOURCES 40.809.730 85.882 25,057,390 2.599.524 68,552.526 TOTAL ESTIMATED REVENUES AND BALANCES 40,947.150 103,960 26.734,280 2.654,144 70,439,534 EXPENDITURES/EXPENSES: General Government Services 4,797,860 4,797.860 Public Safety 22,411.060 0 22,411.060 Physical EnVIronment 271.510 16.863.800 17.135,310 Transportation 1.199,110 1.199,110 Economic Environment 456.900 73.319 2.041.224 2,571.443 Human Services 190.670 190,670 Culture & Recreation 5,531.100 1 .802,770 312.820 7.646.690 Intergovernmental Service 80.460 80.460 Debt Service 3.448,680 4,340,990 7.789,670 Other Financing Uses 2.517,670 3,390,180 300.100 6.207,950 TOT AL EXPENDITURES/EXPENSES 40,905,020 73,319 26.397.740 2,654.144 70.030,223 Reserves 42.130 30.641 336.540 0 409,311 TOTAL EXPENDITURES AND RESERVES 40,947,150 103,960 26.734.280 2,654.144 70,439.534 , . , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM i JOe./ - MEETING OF SEPTEMBER 2 7 . 1994 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM DATE: SEPTEMBER 23, 1994 This is before the Commission to approve the Five Year Capital Improvement Program for Fiscal Years 1994/95 through 1998/99. 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M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ f SUBJECT: AGENDA ITEM i /0 L) - MEETING OF SEPTEMBER 27. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCB NO. 73-94/GA.a~nE AND TRASH DATE: SEPTEMBER 23, 1994 Ordinance No. 73-94 amends Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the City's Code by increasing the rates charged for garbage, recycling and trash services for both residential and commercial customers. It also eliminates rear door/side door service and replaces them with curbside service for residential customers. On September 13th, this ordinance was passed on first reading by unanimous vote of the Commission. However, this action was qualified with the understanding that the matter would be workshopped on September 20th, followed by a public hearing on September 27th. The rate increases are required by our contract with Waste Management. However, as a result of the workshop discussion on September 20th, it was the consensus of the Commission not to change the types of collection service provided throughout the City. If a specific area or neighborhood association is interested in changing its service type, it should advise the City. We would then approach Waste Management as to the feasibility of the request. In view of the ".'-i 1:._, reoo_endiftCJ that Ordinance No. 73-94 be denied on lIeq~ ,~Q_J. readinq at the conclusion of the public hearing. An al~DCe <.'0-94) is on tonight's agenda, under First Readings, for consideration. It addresses only the required rate increases. ~ 6-0 ref:agmemo27 . . FAILED ON 2ND & FINAL READING - 9/27/94 ORDINANCE NO. 73-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51. 70, "REGULAR CHARGES LEVIED" , TO PROVIDE FOR RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL CUSTOMERSi TO PROVIDE FOR THE ELIMINATION OF REAR-DOORISIDE-DOOR PICKUP SERVICE AND REPLACING I T WI TH CURBSIDE SERVICEi TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICEi TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICEi TO PROVIDE FOR AN INCREASE IN THE FEE FOR " SEPARATE VEGETATION COLLECTION SERVICEi TO PROVIDE -, FOR INCREASED CHARGES FOR 90-GALLON CART SERVICEi :1 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, , II AND AN EFFECTIVE DATE. I I ! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I I Section 1. That Title V, "Public Works" , Chapter 51, :1 'I "Garbage and Trash" , Subheading "Rates and Charges", Section 51. 70, "Regular Charges Levied" , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless I service is discontinued in accordance with Sec. 51. 72: (1) For those customers receiving Type A, roll-out cart service, the service charge shall be $J."J~J 815.43 per month for garbage. recycling- and trash pickup. ~f$v'1't I I~~' 11.,1'1 Itf$t 1 '/1tf$~trt '_~~_I_~~/'_~~_/~t/~'~t_YY/l~~~~~/__11YP'I'JI_~.~~/~'1$J.J.J~~/p't/~~~~~ t~tlw_t~_w'/~~~/tt__~/p~~~~pJ The area of Tro~ic Palms and Palms of Delray. formerly receiving- Type F roll-out cart service. shall now be included in Type A service and shall be charg-ed the existing- rate for that service. FAILED ON 2ND & PINAL READING - 9/27/94\ , . FAILED ON 2ND & FINAL READING - 9/27/94 (2) For those customers receiving Type B, rear-doorl side-door service, effective October 1. 1994. the type of service shall be chang-ed to Type D. curbside in owner's container. ~~'/~,t1t~, ~~_t~, I_~_~~ I~' I$J.~J~~ Ip,t I~~~t~ It~t I~_t~_~, I_~~ Itt__~ Ipt~~~pJ tl~~,1,tl It~~ 1~'1Y It~t It~' I_t~_ I~~t~~t,~ I~t I)fJ'J I~~~~ I~tt,'t I~~ It~~ ~~tt~II~~~/~ttt'/tlt~~~_Y/~~/t~'I'__tll~_~'/~~_/~~_~/~~It~'I_~~t~II_~~ )fJ~J 1~1i~ 1/11'~~' I~~ It~' Iw,_t I l~~~~~ 1__ I1YP' 1~1 I_~_~~ I~' I$~,)J ~7 I~~t ~~~t~/t~t/~_t~_~'I_~~/tt__~/pt~~~pJ (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $,)J~~ 86.40 per month for garbage. recyclinq and household trash pickup. (4) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collection by the city or its contractor is t~~. p~t_}4_~t It~ It~' 11tp, I~I rear-doorlside-door service), the service charge shall be $~ J~~ 810.88 per month for garbage. recycling and trash pickup. /1~~/t~,/~'1Ylt~tlt~'I_t'_/~~t~'t'~/~t/~J'J/~~t~/~tt~'t ~~ It~' 1~~tt~1 IY'~'t_~ Itlt~~~_y I~~ It~' I,__tl I~t~t~~ I~~~~'"_t~ I~~ It~' I _~~t~1 I_~~ I~f~,) I~~ It~' I~'_t I l~~~~~ 1__ I1YP' IWl I_~_~~ I~' 1$J.~J~7 Ip,t I ~~~t~ It~t I~_t~_~, I_~~ Itt__~ Iptrt~~pJ For those customers formerly : receiving Type H service. the type of service shall be Type D. ! effective October 1. 1994. and they shall be charg-ed the existing- monthly rate for Type D service. JI~t~_1 l_1 I I I~'_t~'~tt_~ I 1~}4_t~~,t_ I I_~_~~ I I~' I I___'__~~ 11_ : $~JJ.~llp'tll~~ttll~~_t~'llt~tllt'~Y~~t~~II.'t1t~'lllt~~~}4~'~ ' t~/t_t'_I.'tlt~tt~/_~~1,IJ l~I/I~'_t~'~tt_~ 11~}4_t~~,t_ II_~_~~ II~' II___'__'~ II. $J~~ Ip,t 1}4~tt I~~_t~, It~t I_,p_t_t, 11,~,t_t,t~~ I~~~~'~tt~~ I _'t1t~'_llt~tll_~~II~~t~_t~'llt'_t~'~tt_~II~~'~~t~~II~~tt. I lt~~~}4~'~llt~llt_t'_II_'tllt~tt~II_~~1,IJII11~'II,tt,~tt1, ~_t'lt~tlt~t_I_'t1t~'lt_/~~t~~'tlJ.IIJ.~~~J , i ! i - 2 - Ord. No. 73-94 FAILED ON 2ND' FINAL READING - 9/27/94 . . FAILED ON 2ND & FINAL READING - 9/27/94 i I I (B) Mechanical containers and commercial refuse container ! service. i ( 1 ) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge I shall be based upon the following for such garbage and trash services: Commercial Residential Monthly Monthly Container Container Charge Charge (Collection Container Size Pickups (Collection and Disposal (Square Yard) Per Week Charge Only) Charge 2 1 $ rt 38.26 $ :i7 55.89 i 3 1 ~"J 53.27 7~ 79.42 4 1 :i7 66.49 ~"J 101.76 6 1 7~ 93.81 ~~~ 146.72 j 8 1 ~~ 117.59 ~7~ 187.36 : : 2 2 ~7 76.08 ~~~ 111.35 I I 3 2 ~:i 106.54 ~~~ 159.45 I i 4 2 ~~~ 134.58 ~~~ 205.12 6 2 ~~~ 187.62 7.7J. 293.44 8 2 J.~~ 234.73 "J~7 375.81 2 3 ~"J 114.34 ~:i~ 167.80 3 3 J.7~ 159.80 7.77 239.16 4 3 ~:i~ 199.97 7~"J 305.79 6 3 7J.~ 281.44 ~~7 440.17 8 3 7~~ 352.28 :i7~ 563.92 2 4 J.7~ 152.59 7~7 223.13 3 4 J.7J. 213.06 7~~ 318.88 4 4 7J.~ 266.50 "J77 407.59 6 4 7~7 375.26 :i~7 586.90 8 4 "J:i~ 469.87 ~~~ 752.05 2 5 J.:i:i 190.40 7:i~ 278.57 3 5 7~~ 266.34 ~7~ 398.62 4 5 7~"J 333.45 ~77 509.78 6 5 "J~:i 469.06 ~7~ 733.62 8 5 ~~~ 587.00 ~~7 939.73 2 6 ~~~ 228.67 "JJ.J. 334.49 3 6 7:i~ 319.60 ~~~ 480.53 4 6 "J~~ 399.93 :i~~ 611.57 I 6 6 ~~~ 562.88 ~~~ 880.35 I 8 6 :i"J~ 704.60 J./~~~ 1. 127.87 I I - 3 - Ord. No. 73-94 I FAILED ON 2ND & FlRAL READING - 9/27/94~ I 1 I . . FAILED ON SECOND & FINAL READING - 9/27/94 ( 2 ) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space for a mechanical container or other good reason. (3 ) Commercial customers shall use mechanical containers and commercial refuse container service (Type E) . Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, , ! public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. (b) Mechanical containers. (4 ) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5 ) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set forth in this chapteri however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or routine/regular maintenance of such containers that may be performed by the city's contractors. (6 ) Commercial customers needing less than six refuse containers, and those approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the city or its contractors and the customer. The charge shall be based the following for such , upon garbage and trash services: I I I - 4 - Ord. No. 73-94 FAiLED ON 2ND' FINAL READING - 9/27/94 . FAILED ON 2ND & FINAL READING - 9/27/94 90-Gallon Cart Service Pick-ups per Week Monthly Charge 1 $ ~7 38.00 2 77 73.94 3 1~SJ 111.94 , 4 111' 148.92 I 5 1~1 185.89 6 71~ 221.83 (C) The charges set forth above for mechanical containers and commercial refuse container service (Type E) shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the city or provided by the city's contractors shall be used. Where more than one ! user is serviced by one container, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of , customers using that containeri however, in no event shall the monthly service charge be less than $~J. 532.91 for residential dumpster service and $'7 566.48 for commercial dumpster service. The term , "CUSTOMER" as employed herein is any person using the service or to i i whom the service is available. Even if the customer is different from the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. (D) Commercial rates for recycling: Container Size Pick-ups Recycling Monthly (Square Yard) Per Week Billing- Rates 96 gal 1 $ 17JSJ~ 18.47 , 2 1 1I'/JJ'/J7 44.54 I i 3 1 '7J17 58.66 4 1 7~J77 80.38 6 1 1~'/JJ~~ 106.46 8 1 1~~J11 133.62 96 gal 2 77J'1 28.25 2 2 ~'J'~ 67.35 3 2 ~'J~~ 87.99 4 2 171J~' 124.93 6 2 17~J'/J~ 174.90 8 2 717JSJ1 223.79 - 5 - Ord. No. 73-94 FAILED ON 2ND & FINAL READING - 9/27/94 . FAILED ON 2ND & FINAL READING - 9/27/94 96 gal 3 1'J~iJ 36.93 2 3 ~iJJ7?- 89.08 3 3 1.1.1J1.~ 116.24 4 3 1.iJiJJrJ7 170.55 6 3 7.?-iJJ?-7 253.12 8 3 1rJiJJ77 315.05 96 gal 4 ?-'J?-~ 46.72 2 4 1.rJ~J~iJ 111.90 3 4 1.?-1.J7?- 145.57 4 4 7.rJ~J?-?- 215.09 6 4 1rJ7.J'?- 310.71 8 4 ~~?-J'7 405.22 96 gal 5 "JrJ1. 56.50 2 5 1.11.J1.iJ 134.70 I 3 5 1.iJ~J7.' 173.82 I 4 5 7.'1J~~ 260.73 6 5 ~iJ~J1.7. 378.00 8 5 ?-~7.J1iJ 495.38 96 gal 6 iJ?-J,7. 66.26 2 6 1.'1J1~ 157.52 3 6 Y.~"J7' 202.06 4 6 7.~~J~rJ 306.35 6 6 ?-'$1J71. 445.42 8 6 '7rJJ1.iJ 585.55 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $1.JiJ~ 81.74 per unit which shall be billed by the Contractor. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I Section 4. That this ordinance shall become effective immediately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after Oc tober 1, 1994. - 6 - Ord. No. 73-94 FAIL~D ON 2ND & FINAL READING - 9/27/94 \ I . FAILED ON 2ND & FINAL READING - 9/27/94 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAYOR ATTEST: City Clerk First Reading September 13, 1994 Second Reading r , i I , : I i - 7 - Ord. No. 73-94 FAILED ON 2ND & FINAL READING - 9/27/94 I . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM i /0 &" - MEETING OF SEPTEMBER 27. 1994 S&COIID READING AND PUBLIC HEARING FOR ORDINANCE NO. 7C)-tot/PAUING PBRMITS; DATE: SEPTEMBER 20, 1994 Ordinance No. 70-94 amends Section 71.060, "Parking Meter Permits", of the City's Code to provide that only City residents may obtain a parking permit, establishing an annual fee of $25.00 for the permit, and providing for the transfer of a permit and issuance of a substitute sticker to a permit holder for a substitute vehicle. At first reading on September 13th, the Commission modified Ordinance No. 70-94 to the effect that non-residents will no longer be able to purchase a parking permit, but instead must use metered parking. Permits will be issued to City residents only, at a cost of $25.00 plus applicable taxes. The ordinance as modified was passed on first reading by unanimous vote. The modified ordinance has been advertised and a public hearing is scheduled at this time. Recommend approval of Ordinance No. 70-94 on second and final reading. tQJJ/J1/L 1-0 ref:agmemo5 . ORDINANCE NO. 70-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING I REGULATIONS II , SECTION 71.060, II PARKING METER PERMITS" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ESTABLISH THAT CITY RESIDENTS MAY OBTAIN A PARKING PERMIT, ESTABLISHING A FEE FOR THE PARKING PERMITi TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS AND THE ISSUANCE OF SUBSTITUTE STICKERS FOR A SUBSTITUTE VEHICLE ACQUIRED BY THE SAME PERMIT HOLDER SUBSEQUENT TO THE ISSUANCE OF THE ORIGINAL PARKING PERMITi PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, wishes to make available parking permits and establish a fee therefor, for residents of the City of Delray Beachi and WHEREAS, the City Commission does not wish to restrict non-resident access to the municipal beachi however, the City will require non-residents to use metered parkingi and WHEREAS, the City Commission desires to raise revenues for the continued upkeep and maintenance of the beach parking areas located at Anchor Park, Sandoway Park, the Holiday Inn, and Ingraham Avenue to provide for access to the municipal beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: , Section 1. That Title VII, IITraffic Code" , Chapter 71, ! II Parking Regulations", Subheading II Parking Meters", Section 71.060, "Parking Meter Permi ts " , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new Section 71.060, "Parking Meter Permits", is hereby I enacted to read as follows: I Section 71.060 PARKING METER PERMITS. (A) Individuals who reside within the municipal limits of the City of Delray Beach may purchase from the city a IIresidents-only parking permit" for their vehicles. The permit authorizes the resident to park the vehicle for which the permit was issued in a parking meter space, unless otherwise restricted, located within Anchor Park, Sandoway Park, Holiday Inn North, or Ingraham Avenue parking lots without depositing money into the space's parking meter. I I I , (B) The cost of a parking permit shall be twenty-five dollars ($25.00) per year, plus applicable taxes. (C) Each permit shall cover the period from October 1st through September 30th. There shall be no proration of the permit fee. The application procedure and the form of the permit shall be determined by the city administration. It shall be illegal to deface a parking permit or to transfer a parking permit from the vehicle for which it was acquired to any other vehicle. However, if the parking permit sticker and other sufficient proof is submitted to the city, and when approved in advance by the City Manager or his designee, the parking permit sticker may be exchanged for a new sticker and the parking permit transferred to a substitute vehicle acquired by the permit holder subsequent to the issuance of the original parking :1 permi t. I Section 2. That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. :1 I Section 3. That should any section or provision of this I ordinance or any portion thereof, any paragraph, sentence, or word be I declared by a court of competent jurisdiction to be invalid, such I decision shall not affect the validity of the remainder hereof as a ! whole or part thereof other than the part declared to be invalid. I I Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of September , 1994. ~~ ' / MAY i i ATTEST: ! (h4flnY0.L'jIAIr::llru~ I City C erk I First Reading September 13, 1994 Second Reading September 27, 1994 - 2 - Ord. No. 70-94 :1 '\ I 'I I . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t11 SUBJECT: AGENDA ITEM i /0 F - MEETING OF SEPTEMBER 27. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 68-94/MILTON-MYERS POST NO. 65 DATE: SEPTEMBER 22, 1994 This is second reading and public hearing for Ordinance No. 68-94 which designates the Milton-Myers Post No. 65 of the American Legion of the United States as a Local Historic Site. The property is located at 263 N.E. 5th Avenue. Please note that we have received a request from George H. Moran, Commander of the Post, for a continuance to the regular meeting of October 18, 1994, to allow sufficient time for notification of all the Post's members. The ordinance is on tonight's agenda since the required advertising had already taken place. The Historic Preservation Board conducted a public hearing on this matter on August 17, 1994, at which time the Board voted 6 to 0 to recommend the designation of Post No. 65 as a Local Historic Site. At first reading on September 13, 1994, the Commission passed the ordinance by unanimous vote. a.c....~.that second reading and public hearing for Ordinance No. 68-94 be acm~t~-..,~.... cer..1a of Ofn:0b'8r 1'~ lM4. Ii c~ tn /o/;FS/9Lj -5-0 ref:agmemo16 . .:r A/ 1 9/23/94 c: City Clerk 5ept..embelt 21, 1994 RECEIVEi:' Mlt. Dav-i.d T. Haltden SfP 2 .J 1994 C-i.t..y Managelt CITY MM'A"cq'c;: nFFIC~ 100 N.W. 1.6t.. Ave. De.tltay Beach, F.t. 33444 RE: Oltd-i.nance No. 68-94 Dealt Mlt. Haltden: In lte6eltence t..o t..he above pltopo.6ed Oltd-i.nance, at.. t..he Amelt-i.can Leg-i.on PO.6t.. 65 ltegu.talt meet..-i.ng he.td Tue.6day 5ept..embelt 20t..h, 1994, a mot..-i.on wa.6 made, .6econd, d-i..6cu.6.6-i.on he.td, vot..ed upon and pa.6.6ed by t..he membelt.6 plte.6ent.. uTo lteque.6t.. t..hat.. t..he C-i.t..y Counc-i..t pO.6t..pone t..he healt-i.ng t..o con.6-i.delt t..he-i.lt adopt..-i.on 06 Oltd-i.nance No. 68-94, de.6-i.gnat..-i.ng PO.6t.. 65 a.6 a H-i.~t..olt-i.c 5-i.t..e unt..-i..t a .tat..elt dat..eu. The majolt-i.t..y 06 t..he membelt.6 06 PO.6t.. 65 have not.. been not..-i.6-i.ed t..hat.. .the Po~t.. pltopeltt..y had been nom-i.nat..ed a.6 a .toca.t H-i..6t..olt-i.c 5-i.t..e. Th-i..6 -i..6 ma-i.n.ty due t..o t..he 6act.. .that.. .the PO.6t..'.6 mont..h.ty Bu.t.te.t-i.n/New.6.tet..t..elt ha.6 not.. been pub.t-i..6hed 60lt .6evelta.t mont..h.6, a.t.6o many membelt.6 have been on vacat..-i.on. I had been on vacat..-i.on and upon my ltet..Ultn .tealtned 06 t..he pltopo.6ed oltd-i.nance t..hltough t..he Lega.t Not..-i.ce -i.n t..he .toca.t papelt. We alte not.. a.6~-i.ng t..hat.. t..he Oltd-i.nance be lteject..ed, but.. lte.6eltved unt..-i..t t..he PO.6t.. Bu.t.tet..-i.n/New.6.tet..t..elt -i..6 pub.t-i..6hed and a.t.t membelt.6 -i.n60ltmed, .60 t..hey may have a vo-i.ce and vot..e -i.n t..h-i..6 mat..t..elt. Th-i..6 -i..6 -i.mpoltt..ant.. becau.6e t..he PO.6t.. be.tong.6 t..o a.t.t membelt.6. I am .60ltlty t..hat.. I can not.. at..t..end t..he meet..-i.ng and healt-i.ng on 5ept..embelt 27t..h a~ I have a pltev-i.ou.6 comm-i.t..ment.. wh-i.ch cou.td not.. be cance.t.ted. We t..ltU~t.. and pltay you .6ee t..he -i.mpoltt..ance t..hat.. a.t.t menbelt~ have a vo-i.ce -i.n t..h-i.~ comm-i.t..ment.. and gltant.. OUlt lte.6eltve lteque.6t... Than~ You. ~,,~y. ~~J/d~ V-i.ce Commandelt - A.6.6-i..6t..ant.. Adjut..ant.. Thoma.6 F. ltltO.6 (Pa.6t.. 5lt. 1310 N. 5w-i.nt..on Av. A.6.6-i..6t..ant.. F-i.nance 066-i.celt) De.tltay Beach, F.t. 33444 Cop-i.e.6: Tom Lynch, Mayolt Jay A.tpelt-i.n, V-i.ce Mayolt Ken E.t.t-i.ng.6woltt..h, Deput..y Mayolt Baltbalta 5m-i.t..h, Comm-i..6.6-i.onelt Dav-i.d Rando.tph, Comm-i..6.6-i.onelt John Geoltge, Adjut..ant.. PO.6t.. 65 Judge Advocat..e D-i..6t..lt-i.ct.. 1 1 . ----..- ,.-~ .- '--- l : \;: \._ ::' "r ~ I q I:;, ~ /'14 ( I 1 <.= ~;r\' t~'. - ~~' ~< ~._. .. ...~- ------.... ~M A~ J.ujiIJn 1lti1t.o", -?7UttJl4, 7 oa 65 P.O. Box 1365 263 Northeast Fifth Avenue Delray Beach, Florida 3344 7 -1365 September 22, 1994 Alison MacGreger Harty City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 ~ Re: Request for continuance of the 2nd and final reading of Ordinance NO. 68-94, designating American Legion Post NO.65 to the Local Register of Historic Places. Dear Madam, As Commander of the .Milton Myers Post No. 65 of the American Legion of the Un! ted States, I am requesting a continuance of the final order of adoption of Ordinance NO 68-94. The purpose of the request is to allow sufficient time for a notification of the final reading to be mailed to all members of the Post. I request that the final adoption of the ordinance be heard at the City Commission meeting of October 18, 1994. Thank you for your consideration in this matter. Sincerel~ju "/ f 1/". "1 "Y"L ' ~ I" -........ / J / _~ -- ( __ - , George H. Moran, Commander Milton Myers Post NO. 65 of the American Legion , ,/ ORDINANCE NO. 68-94 I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MILTON-MYERS POST NO. 65 OF THE AMERICAN LEGION OF THE UNITED STATES, LOCA~ED AT 263 N.E. 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the i designation and protection of historic sites; and I WHEREAS, George H. Moran, Commander, and the officers and . members of Mil ton-Myers Post No. 65 of The American Legion have I nominated the property described herein to be designated as a local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 263 N. E. 5th Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and J WHEREAS, on August 17, 1994, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and I WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: I i I I I Milton-Myers Post No. 65 of The American Legion of the United States, located at 263 N.E. 5th Avenue, Delray Beach, Florida; more particularly described as follows: Lot 5 and Lots 14 and 15, Block 106, TOWN OF DELRAY (formerly Town of Linton), as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this j ordinance or any portion thereof, any paragraph, sentence, or word be I declared by a court of competent jurisdiction to be invalid, such I 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAY 0 R ATTEST: City Clerk First Reading i Second Reading t I I I - 2 - Ord. No. 68-94 i I \ , I , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fit 1 SUBJECT: AGENDA ITEM i 10 G; - MEETING OF SEPTEMBER 27. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 67-94/LAKE IDA PARK REZONING, DATE: SEPTEMBER 22, 1994 This is second reading and public hearing for Ordinance No. 67-94 which rezones Lake Ida Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. The subject property is located on the north side of Lake Ida Road, between Interstate-95 and Lake Ida. It contains 46.51 acres. On June 2 1, 1994, the Commission considered rezoning Lake Ida Park from CF to OS (Open Space) District. At the request of Palm Beach County, the zoning change to OS wa s denied based on the County's stated intent to provide active recreation facilities at this site which would not be allowed under OS zoning. Concurrently, the Commission initiated rezoning of Lake Ida Park to the newly created OSR (Open Space and Recreation) District which does accommodate more active uses. The Planning and Zoning Board considered this item on August 15, 1994, and recommended approval by a vote of 5 to O. At first reading on September 13, 1994, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 67-94 on second and final reading. p~ 5-0 ref:agmemo14 , J ORDINANCE NO. 67-94 I i I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND , KNOWN AS LAKE IDA PARK, AS MORE PARTICULARLY I I DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD, BETWEEN INTERSTATE-95 AND LAKE IDA; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned CF (Community Facilities) District; and WHEREAS, at its meeting of August 15, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 5 to 0 to recommend approval of the 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: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: That part of Section 8, Township 46 South, Range 43 East, lying east of Interstate-95 right-of-way, north of Lake Ida Road, west of Lake Ida and the E-4 Canal, and south of Lateral 30, LWDD Canal (extended) ; known as Lake Ida Park. The subject property is located on the north side of Lake Ida Road, between Interstate-95 and Lake Ida; containing 46.51 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. , Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of September , 1994. 'I ~~ " / MAY p;:- ATTEST: o fl MnYTJl!: M~ !1n.1-fv City erk First Reading September 13, 1994 Second Reading September 27, 1994 - 2 - Ord. No. 67-94 I r Ii I~ ~ I r- \. a r t i--- I i--- .10.. A - A'I i ~ C ! , ( '/ L '" K E ~J \)~ ..... 1 I , J. I I i -~~- t~ ~ , L I :: J/JY I ., - j I ~ ).... I I /f', \ II 1T' 0) , , ~ ----: ~ ~L __ ~ I ' ' ~ i ~ ..... - I I jr- ~ I ,) / ~ ---+-i i---+--- i~ R= --- ..-..I .J-.J , V -.JbJ J~ I ' I, /,-7 '~~ ~ I 1 I , J 1-...vv ~.v f',: ,\ I I I 71 t'l. IZ7J ~ 'l .... '" / ~-, I " !1f9.kIY ~1/;"' lOA r I... ...... Q::' '" rrn t::: "- ~ I nT~ ~ -- r/ 1-.. ~ .... t/ - ~\1 <' ~ 1111 1T I ..... I ~ ~ ~ i I Fl ~ '" I ~...- ~ ~ J ~ ~, ~ L ~ - lot "L -~ ~ ~II 11 I . I r ~......J IlL.. lot .............. J~ J :::,;:..0'" ] ~ I I I I I- l--,-- .... ~' - ~ J T - I~~ - ~ - , - I ... J I I - l - J.. .... ,.. ~ ., ~ II;; ~ I- ot lot ~l I T 77 J ....I ...J... ~ == Ir .,., L \,,000 / ~I 11 If\.. ;-J.~ / All I A .Cl AD -.l T ~~ - == T ~ ieT T I, I I I ... I' r/h ~ - I I IT -y / t== r! 1= -'- ~l I II T >-~ 1-....... == N 'UMlUIG IlEl'MncwT LAKE IDA PARK CITY or 1lI\.M' ~ n. -- lJICITAI. .. ~ srs7DI -- . . if{ {f\-\ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER '\ ---- - THRU: D~li{;~~tl-~ DIRECTOR OF PLANN~ & ZONING i1Jid ~L~. FROM: . NET MEE S, SE R PLANNER SUBJECT: MEETING OF SEPTEMBER 13, 1994 FIRST READING OF AN ORDINANCE REZONING A 46.51 ACRE PARCEL LOCATED EAST OF 1-95 NORTH OF LAKE IDA ROAD FROM CF (COMMUNITY FACILITIES) TO OSR (OPEN SPACE AND RECREATION) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of a rezoning ordinance affecting approximately 46.51 acres on the east side of I-95 north of Lake Ida Road fr'om CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park at I-95. B A C K G R 0 U N D: The City Commission at its meeting of June 21, 1994 considered the rezoning of certain County-owned parks and facilities. The rezonings from CF (Community Facilities) to OSR (Open Space and Recreation) were approved for the Catherine Strong Center and Miller Park. Lake Ida Park (at Lake Drive) was rezoned to OS (Open Space). At the request of the County, the City Commission denied the zoning change to OS for Lake Ida Park at I-95 and concurrently initiated a rezoning petition to the OSR District. This request was based on the County's intention to provide active recreation facilities which would not be allowed under the OS zone district. The attached Planning and Zoning staff report contains additional information on the background of this property as well as a full analysis of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 15, 1994. The Board unanimously approved the rezoning from CF (Community Facilities) to OSR (Open Space and Recreation) for Lak~ Ida park at I-95 on a 5-0 vote. City Commission Documentation Rezoning from CF to OSR for Lake Ida Park Page 2 R E COM MEN D E D ACT ION: By motion, approve on the first reading of a rezoning ordinance affecting approximately 46.51 acres on the east side of I-95 north of Lake Ida Road from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park at I-95. Attachment: * P&Z Staff Report & Documentation of August 15, 1994 . , . PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 15, 1994 AGENDA ITEM: V.A. ITEM: Rezoning from CF (Community Facilities) to OSR (Open Space & Recreation) for Lake Ida Park. GENERAL DATA: Owner....................Palm Beach County Agent....................David C. Harden City Manager Location.................North side of Lake Ida Road, between 1-95 and Lake Ida. Property Size............46.51 Acres City Land Use Plan.......Open Space and Recreation City Zoning..............CF (Community Facilities) Proposed Zoning..........OSR (Open Space and Recreation) Adjacent Zoning...North: AR East: SAD (Special Activities District) R-I-A (Single Family Residential) OS (Open Space) South: OS West: PCC (Planned Commerce Center) Existing Land Use........Existing County park. Proposed Land Use........Exist1ng County park. Water Service............S1te 1s 8erved by a well. No City water service is proposed. Sewer Service............Site i8 served by a septic tank. No City 8ewer service is prop'osed. , V.A. . . I T E M B E FOR E THE BOA R D The item before the Board is that of a City initiated rezoning from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park. The subject property is located east of 1-95 on the north side of Lake Ida Road, and contains approximately 46.51 acres. B A C K G R 0 U N D In February of 1993, the City Commission considered a recommendation by the Planning and Zoning Board to make certain changes to the CF zoning district. During its discussion on the proposed amendment, the Commission noted that the CF zoning did not seem to be appropriate for many of the uses permitted in the district, such as ballfields, parks, and golf courses. The Commission gave direction to create two districts: one that would primarily accommodate services and institutions, and another that would be more suited to outdoor recreational uses. The resulting zoning district is the OSR, Open Space and Recreation District. The OSR was intended to be applied to outdoor recreational uses such as parks and gol f courses, and similar recreational facilities. At its meeting of June 21, 1994, the City Commission approved the newly created OSR District via Ordinance 31-94, and approved text amendments to the CF (Community Facilities District) and OS (Open Space District) . At that same meeting, the City Commission considered the rezoning of certain County-owned parks and facilities. The rezonings from CF to OSR were approved for the Catherine Strong Center and Miller Park. Lake Ida Park (at Lake Drive) was rezoned to OS. At the request of the County, the City Commission denied the zoning change to OS for Lake Ida Park at 1-95 and concurrently initiated a rezoning petition to the OSR District. This request was based on the County's intention to provide active recreation facilities which would not be allowed under the OS zone district. The rezoning from CF to OSR for Lake Ida Park is the matter now before the Board. -- PRO J E C T DES C RIP T ION The rezoning affects a County owned park of approximately 46 acres. Facilities located within Lake Ida Park include two boat ramps, parking, play equipment, restrooms, picnic tables, and grills. In the future, the County wishes to provide active recreational fields along with bicycle and boat rentals. Lake Ida Park is currently zoned CF and the proposed zoning is OSR (Open Space and Recreation). , , P&Z Staff Report Rezoning from CF to OSR for Lake Ida Park page 2 Z 0 N I N G A N A L Y S I S REQUIRED FINDINGS (Chapter 3): Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested change is from CF to OSR. As stated in the Purpose and Intent statement of the OSR District Regulations, OSR zoning is deemed to be compatible with all land use designations shown on the Future Land Use Map. All of the uses which currently exist or are proposed on the subject property will be permitted uses in the OSR District. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to level of service standards established within the Comprehensive Plan. The change of zoning to OSR will reflect existing uses, and will allow for some intensification. Concurrency will be addressed in greater detail when a specific development proposal is submitted. Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF within stable residential areas shall be denied (Housing Element A-2.4). The subject property is located adjacent to stable residential areas, and is currently zoned CF. The OSR zoning was created from the CF and OS districts, and includes uses that were previously allowed in those districts. The park is a permitted use and is appropriate in stable residential neighborhoods. D. That the rezoning Ihall result in allowing land ulel which are deemed compatible with adjacent and nearby land uses -- both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As noted above, the proposed OSR zoning includes uses that were previously permitted in either the CF or OS districts, and will reflect existing and proposed uses. These uses are compatible adjacent to I-95 and are an appropriate buffer between the interstate and the residential area to the east. Thus, a finding of compatibility can be made. , . P&Z staff Report Rezoning from CF to OSR for Lake Ida Park Page 3 LOR COMPLIANCE: Section 2.4.5(0)(5) Rezoning Findings: Pursuant to Section 2.4.5(0)(1), Findings, in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established in error; b. That there has been a change in circumltances which make the current zoning inappropriate; c. That the requested zoning is of a limilar intensity al allowed under the Future Land Use Map and that it il more appropriate for the property based upon circumstances particular to the lite and/or neighborhood. The applicable reasons are "b" and "c" above. The recently amended CF zoning district deleted parks as a permitted use. Unless the property is rezoned to 05R, the park will become nonconforming. The OSR zoning is of a similar intensity as the CF zoning district, and will be as appropriate for the property as the CF designation. Development Standards As currently provided in the CF zoning district, development standards for properties zoned OSR shall be established pursuant to the site and development plan. There ar"e no specific limitations as to setbacks, height, minimum open space requirements, etc. , thus, the rezoning will not create nonconformities with respect to those standards. All new uses must be established through the site plan review process. REV I E W B Y o THE R 5 Notification of the rezoning has been provided to Palm Beach County Parks & Recreation Department, Facilities Planning -- Department, and Land Development Division; ASS E 5 S MEN T AND CON C L U S ION The 05R zoning district was created to specifically apply to the types of recreational and outdoor uses that are proposed and currently in place on the subject property. With the creation of the 05R, parks with active recreational facilities are being deleted from the CF"and OS zoning districts. It is appropriate that the subject property be rezoned accordingly in order to reflect the desired changes. , . P&Z staff Report Rezoning from CF to OSR for Lake Ida Park Page 4 A L T ERN A T I V E ACT ION S A. Continue with direction. B. Recommend denial of the rezoning request for Lake Ida Park based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(0) (5) the rezoning fails to fulfill at least one of the reasons listed. C. Recommend approval of the rezoning request for Lake Ida Park based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). S T A F F R E COM MEN 0 A T ION Recommend approval of the rezoning request from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park at I-95, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(0)(5). Attachments: * Location Map Report prepared by: Report reviewed by: YIPARKS.DOC -. , I M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS ,1 FROM: CITY MANAGER rft ( SUBJECT: AGENDA ITEM i loH - MEETING OF SEPTEMBER 27. 1994 SECOND READING AND PUBLIC HBARING FOR ORDINANCE NO. 69-94/COMBAT AUTOMOBILE THEFT PROGRAM DATE: SEPTEMBER 22, 1994 This is second reading and public hearing for Ordinance No. 69-94 which amends Chapter 70, "Traffic Regulations", of the City's Code by enacting Section 70.03, "Combat Automobile Theft Program". Pursuant to Florida Statute Section 316.008(6), the State legislature has authorized municipalities to establish such programs to assist in the reduction of automobile theft. Vehicle owners desiring to enroll in the program will be issued a decal to affix to the bottom left corner of the back window. The presence of this decal authorizes a law enforcement officer to stop the vehicle when it is being driven between the hours of 1:00 a.m. and 5:00 a.m. The ordinance provides for administration of the program and for an administrative fee of $1.00. At first reading on September 13, 1994, the Commission passed this ordinance by unanimous vote. Recommend approval of Ordinance No. 69-94 on second and final reading. Onu(J~JUL $-0 ) w/~ ~rr .3 /m~ ref:agmemo15 . , LF (i'-- ! [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 300 W ATLANTIC AVENUE' DELRA Y BEACH, FLORIDA 33444 TELEPHONE 407/243-7823. FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR HBMORARDOM TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: August 3, 1994 SUBJECT: Combat Automobile Theft Program Ordinance ======================================================================== Attached for your consideration is a copy of a proposed ordinance establishing a Combat Automobile Theft Program. The City Attorney's Office has reviewed the ordinance and finds it legally sufficient. This ordinance will set up a program which will allow citizens to purchase a decal to affix to their vehicle. This will allow our officers to stop that vehicle between 1:00 a.m. - 5:00 a.m. to check to see if the vehicle has been stolen. This program has been authorized by F.S. 316.008(6) which allow municipalities to establish such a program. The ordinance will authorize a $1.00 administrative fee to cover all costs. Also, per F.S. 316.008(6) no additional civil liability will be incurred by the City or our officers when an automobile is stopped in accordance with the requirements of the program. Feel free to contact me or Officer Jeffrey Miller if you have further questions regarding the program. If this ordinance meets with your approval, please place the ordinance on the Commission agenda at your earliest convenience. Thank you for your time and patience in ths matter. EDH:lbg f;11< c: Chief Richard OVerman Susan Ruby, City Attorney Barbara Garito, Deputy City Clerk enc 1. . . ORDINANCE NO. 69-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 70, "TRAFFIC REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 70.03, "COMBAT AUTOMOBILE THEFT PROGRAM" , PURSUANT TO SECTION 316.008(6), FLORIDA STATUTES, PROVIDING FOR ADMINISTRATION OF THE PROGRAM; PROVIDING FOR AN ADMINISTRATIVE FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the high rate of automobile theft is a detriment to the health, safety and welfare of the citizens of Delray Beach; and WHEREAS, pursuant to Section 316.008(6), Florida Statutes, i the State legislature has authorized municipalities to establish , "Combat Automobile Theft" programs whereby motor vehicle owners may enroll their vehicles in the program in order to assist in the 'I reduction of automobile theft; and I , WHEREAS, the City Commission of the City of Delray Beach has I determined that such a program is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Chapter 70, "Traffic Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 70.03, "Combat Automobile Theft Program", to read as follows: Section 70.03 COMBAT AUTOMOBILE THEFT PROGRAM. (A) The Delray Beach Police Department shall implement an . automobile theft prevention program to operate as follows: I (1) Motor vehicle owners who desire to enroll their : vehicles in the automobile theft prevention program shall execute consent forms which will authorize the owners involvement in the program. A consent form signed by a motor vehicle owner provides authorization for a law enforcement officer to stop the vehicle when it is being driven between the hours of 1 a.m. and 5 a.m., provided that a decal is conspicuously affixed to the bottom left corner of the back window of the vehicle to provide notice of its enrollment in the "combat automobile theft" program. , , ----- (2 ) The "Combat Automobile Theft" Program decals shall conform to the specifications established by the Florida Department of Law Enforcement. The decals shall be yellow in color and will be issued to owners who enroll in the program. The decal shall be placed on the bottom left corner of the back window of the automobile. ( 3 ) An administrative fee of $1. 00 shall be established to cover costs of the program. The Police Department shall collect the fees from all program participants. (B) The vehicle owner shall be responsible for removing the decal when terminating participation in the program, or when selling or otherwise transferring ownership of the vehicle. (C) No civil liability will arise from the actions of a law enforcement officer when stopping a vehicle with a yellow decal, evidencing enrollment in the program, when the driver is not enrolled in the program provided that the stop is made in accordance with the requirement of the "Combat Automobile Theft" Program. (D) This program shall be implemented upon issuance of written program materials and procedures by the Police Department. Section 2 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 . That this ordinance shall become effective ten (10 ) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of September , 1994. ATTEST: ~("~ o /;nIm'fY)q clit L1'f:./if) l~ City Cl rk First Reading September 13, 1994 Second Reading September 27, 1994 - 2 - ORO. NO. 69-94 , , 0- o. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS ) FROM: CITY MANAGER ~/ I SUBJECT: AGENDA ITEM i I 0 .I - MEETING OF SEPTEMBER 27. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 66-94/CORRECTIVE REZONINGS AT THE HAMLBT DATE: SEPTEMBER 22, 1994 This is second reading and public hearing for Ordinance No. 66-94 which rezones eleven ( 11 ) parcels within The Hamlet from R-1-A (Single Family Residential) District and RM (Medium Density Residential) District to OS (Open Space) District. They consist of water retention and open space areas associated with several subdivisions in the development. When the Comprehensive Plan was adopted in 1989, these parcels were designated for Recreation and Open Space on the Future Land Use Map. The zoning, however, was never changed to bring them into compliance with the land use designation. This rezoning is a corrective action to achieve consistency between zoning and land use. The Planning and Zoning Board considered this item on August 15, 1994, and recommended approval by a vote of 5 to o. At first reading on September 13, 1994, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 66-94 on second and final reading. fCl~ ,5-0 ref:agmemo13 . ~ .. ORDINANCE NO. 66-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT AND RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE OS (OPEN SPACE) DISTRICT; SAID LAND BEING LOCATED WEST OF HOMEWOOD BOULEVARD ON THE SOUTH SIDE OF ATLANTIC AVENUE WITHIN THE HAMLET DEVELOPMENT; AND AMENDING IIZ0NING MAP OF DELRAY BEACH, FLORIDA, 199411; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-l-A (Single Family Residential) District, in part, and RM (Medium Density Residential) District, in part; and WHEREAS, at its meeting of August 15, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 5 to 0 to recommend approval of the 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: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of OS (Open Space) District for the following described property: Eleven ( 11 ) parcels of land located in Section 13, Township 46 South, Range 42 East, and in Section 24, Township 46 South, Range 42 East, more particularly described as follows: Tract liLli, The Plat of THE ESTATES, as recorded in Plat Book 38, Page 61, of the Public Records of Palm Beach County, Florida; TOGETHER WITH Tract IIAII , The Plat of THE ESTATES II, as recorded in Plat Book 39, Page 97, of the Public Records of Palm Beach County, Florida; TOGETHER WITH-Tract ~B", The Plat of THE ESTATES II, as recorded in Plat Book 39, Page 97, of the Public Records of Palm Beach County, Florida; . .. - TOGETHER WITH Tract "Y", The Plat of THE ESTATES III, as recorded in Plat Book 40, Page 64, of the Public Records of Palm Beach County, Florida; TOGETHER WITH Tract "Z", The Plat of THE ESTATES III, as recorded in Plat Book 40, Page 64, of the Public Records of Palm Beach County, Florida; I I I TOGETHER WITH Tract "Y" , The Plat of THE ESTATES IV, as recorded in Plat Book 47, Page 76, of the Public Records of Palm Beach County, Florida; TOGETHER WITH Tract "A", The Plat of LAKEWOODE - SECTION I, as recorded in Plat Book 33, Page 103, of the Public Records of Palm Beach County, Florida; TOGETHER WITH Tract "C" , The Plat of LAKEWOODE - SECTION I, as recorded in Plat Book 33, Page 103, of the Public Records of Palm Beach County, Florida; , I TOGETHER WITH Tract "A" , The Plat of LAKEWOODE - , SECTION II, as- recorded in Plat Book 33, Page 105, of the Public Records of Palm Beach County, Florida; I TOGETHER WITH Tract "C", The Plat of LAKEWOODE - SECTION II, as recorded in Plat Book 33, Page 105, of the Public Records of Palm Beach County, Florida; TOGETHER WITH Tract "C" , The Plat of EVERGREENE, as recorded in Plat Book 33, Page 150, of the Public Records of Palm Beach County, Florida. The subject property is located west of Homewood Boulevard on the south side of Atlantic Avenue within The Hamlet development; containing 22.11 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 2 - Ord. No. 66-94 . 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of September , 1994. ATTEST: ~f?P- o /1 Nm'-f!)},~kf&.l!() LIy City C rk First Reading September 13, 1994 Second Reading September 27, 1994 , I ! I I I ! - 3 - Ord. No. 66-94 i , ~I'\ 0..'V\"'-"'-"-:'t. 'I ~~ ~~ :s: t\:~ A ~~ ~ 1. 1. _v ~~ "'~ '\ ~ ~ ~~'\~'\",'\ ~"'l~" ~ :r..:: ~~ ~0--~ I I I ~ ~~".. ~ ~ "",,- '\ 'T1" - .... ~ l.J- .. '- _ ~ ~ " o&"'~ :.IH-i PA.. JIh-- ~ _ ~~ ~/ /'l- ~, 1111 MT-r- ~~ '1 i N - p$poc ~~~",,~~r[ ~Pm~ ~ ~ ~ - I'UILDC 1\ c p ~ ~""- '\': ~ rT tI:rr:3l= 0 ~ \ i g ~ -; - ~~.. I Ne (IC .aT J ~d' AT III GC) ~~u mo~/ t: 11- .p' "" ." ~ ~ r '" I- ~~" "" PC C _ "'" ~ t ,...-GC ~ I~ E ~ I ;- J':::: II t: ~~II ~ ,'\.~ IIII1 ';I n= ~-J 'L~)ii1i t ~ ~ '" ' ~ ~ 08A = r;,r t t': ~ "<: ".-!J!! ~ Ir - ~ r-.. :: fGl'"' ~ - ~"N.. ts;;:: - -. I - ~ ~" N1-. N f'., ~ "-" ;::: - /1 ~~ ~ m J.L m:r I I ? )~( I. ~JI~~ ': ~t\. - I v: Tl I III ~ V;?r- ''''~ ~Ul ~t-\ ~ ~ ~ ( ~ :: '...1..L t\. I- ~ ,:-- .... ~ ~ t--i- ~ 0 ... ~ ~ t- i- 08R II l'\. ., - ~ t-- ~t\...... ~ ---"...- .... I--- ~ I-- - ~f\ ~rI' ~ - ~ ~ ... 08R ~ V ~,~ ~ " ~ I ~~...... - J9 ~ ~ ~ ~?J ^ &'.1 ~ ~ ~ ~ ~ ~ ~ C/ AM <<~~ ~ ~ ~ '( -~ "- I I I lilt I I I 1 I I I T T , .... EffEEE - I I I I I I I I I .1 I I I I I I I I I II I I I I I I I I I I I I I I I II I I L/ I ~ I _ I I I I I (l ~ I I I I I I I I I I I I I I ;! f' " r l- N CORRECTIVE REZONINGS fIUNIIN: llII'M1lIEIIT AT THE HAMLET QT't (11 llEUtA Y IKACH, I'l. -- aGtrAL ~ 11M' S\'S'JDI -- c ~' 1'-1" 1 " , - C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~I \\ '1_\,1'-) I \ _ f ,)) I v~v' 0"' ---.... THRU: DI v ~INGUE , DI ECTOR DEPARTMENT OF LA~NG AND ZONING C?~~ //- /~ FROM: ~;;ZZ, PLANNER SUBJECT: MEETING OF SEPTEMBER 13, 1994 CORRECTIVE REZONINGS FROM R-1-A AND RM TO OS FOR ELEVEN DRAINAGE OR RECREATION TRACTS LOCATED IN THE HAMLET GOLF AND COUNTRY CLUB WITH A TOTAL AREA OF 22.11 ACRES. ACTION REQUESTED OF THE COMMISSION: The action requested of the commission is the approval on first reading of the rezoning request for several parcels located in the group of subdivisions known as the Hamlet from R-1-A to OS and one parcel from RM to OS. BACKGROUND: Prior to 1989, the subject parcels were assigned the residential zoning districts and Future Land Use Map designations applied to the surrounding residential developments. With the adoption of the Comprehensive Plan in 1989, these parcels were designated as Recreation and Open Space on the FLUM to prevent the conversio~ of these areas into buildable lots. However, the zoning on the subject parcels has not been changed to bring the zoning into compliance with the FLUM designation. These inconsistencies were identified during review of the recent rezonings of golf courses to OSR. The proposed rezoning is a corrective action to achieve consistency between the zoning and FLUM designations. The following parcels are affected: Parcel Acreage The Estates III, Tract "Y" 0.95 Evergreene, Tract "c" 3.56 Lakewoode, Sec, II, Tract "c" 1.09 Lakewoode, Sec. I, Tract "c" 1.45 The Estates, Tract "L" 4.21 The Estates II, Tract "A" 2.10 The Estates II, Tract "B" 2.12 The Estates III, Tract "z" 1.74 Lakewoode, Sec, I, Tract "A" 3.20 Lakewoode, Sec, II, Tract "A" 0.99 The Estates IV, Tract "Y" 0.70 22.11 . . City Commission Documentation Hamlet Rezonings to OS Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of August 15, 1994 and unanimously recommended approval. There was no public comment regarding this item. RECOMMENDED ACTION: Approve on first reading the rezoning requests for the following parcels from R-I-A to OS: * The Estates III, Tract "y" * Evergreene, Tract "C" * Lakewoode, Sec, II, Tract "c" * Lakewoode, Sec. I, Tract "c" * The Estates, Tract "L" * The Estates II, Tract "A" * The Estates II, Tract "B" * The Estates III, Tract "z" * Lakewoode, Sec, I, Tract "A" * Lakewoode, Sec, II, Tract "A" and for the following parcel from RM to OS: * The Estates IV, Tract "Y." Attachment: * P&Z Staff Report j pLANNING & ZONING BOARD . CITY OF DELRA Y BEACH ST AFF REPORT --- --- MEETING DATE: August 15, 1994 AGENDA ITEM: V.B. ITEM: Rezoning from R-I-A (Single Family Residential) & Rtl (Nediur.! Density Residential) to OS (Open Space) for Several Parcels Within the Hamlet Development. 1IDT aT~all"O .. . >EJ J :~ " . ..c a ~: I I . .....-,;- -' .. . .. ., N . . . u \, YD. l l GENERAL DATA: Owner....................Hamlet Golf and Tennis Club, Inc. Agent....................David Harden, city Manager City of Delray Beach Location.................On the south aide of Atlantic Avenue, between Barwick Road and Homewood Boulevard. Property Size............22.11 Acres City Land Use Plan.......Open Space and Recreation City Zoning..............R-IA (Single Family Residential), and RM (Multiple Family Residential - Medium Density) Proposed Zonlng..........OS (Open Space) Adjacent Zoning..........R-IA (Single Family Residential), OS, and RM Existing Land Use........Water retention and open space parcels associated with several subdivisions within the Haalet residential development. Proposed Improvem~nts....None. Corrective rezoning from R-I-A for 11 parcels. Water Service............N/A Sewer Service............N/A V.B. , I T E M BEFORE THE BOA R 0: The action before the Board is making a recommendation on corrective rezonings from R-l-A and RM to OS for eleven drainage or recreation tracts located in the group of subdivisions that make up the Hamlet Golf and Country Club. The subject properties were dedicated to the Hamlet Golf and Tennis Club, Inc. via the various plats in the development. The parcels have a total area of 22.11 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. B A C K G R 0 UNO: Prior to 1989, the subject parcels were included in the residential zoning districts and Future Land Use Map designations which were applied to the surrounding residential developments. With the adoption of the Comprehensive Plan in 1989, these parcels were designated as Recreation and Open Space on the FLUM to prevent any possible conversion of these areas into additional buildable lots. However, the zoning on the subject parcels has not been changed to bring the zoning into compliance with the FLUM designation. These inconsistencies were identified during review of the recent rezonings of golf courses to OSR. The proposed rezoning is a corrective action to achieve consistency between the zoning and FLUM designations. The following parcels are affected: Parcel Acreaqe The Estates III, Tract "y" 0.95 Evergreene, Tract "c" 3.56 Lakewoode, Sec, II, Tract "C" 1.09 Lakewoode, Sec. I, Tract "c" 1.45 The Estates, Tract "L" 4.21 The Estates II, Tract "A" 2.10 The Estates II, Tract "s" 2.12 The Estates III, Tract "Z" 1. 74 Lakewoode, See, I, Tract "A" 3.20 Lakewoode, See, II, Tract "A" 0.99 The Estates IV, Tract "Y" 0.70 22.11 Z 0 N I N G A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Finding.), prior to the approval of development application., certain finding. must be made in a form which i. part of the official record. This may be. achieved through information on the application, the staff report, or minutes. Findings shall , . P&Z Staff Report . . Corrective Rezoning from R-l-A and RM to OS for the Hamlet Page 2 be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject properties is Recreation and Open Space. The proposed zoning changes are from R-l-A (Single Family Residential) and RM (Multiple Family Residential - Medium Density) to OS. The proposed zoning designation of OS would bring the zoning of the parcels into compliance with the current Future Land Use designation. The existing uses of the parcels (drainage retention and passive recreation) are permitted uses in the proposed OS zoning district. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As the sites are vacant and no development is proposed, no demand for services or facilities will be generated by this action. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5 (D) (5) (Rezoning Findings) shall be the basis upon which a finding ot overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Open Space Policy B-2.3: The Open Space (OS) Zone District of the Land Development Regulations shall be applied to "Open Space" and "Cons.rvation" parcels. The subject parcels are dedicated as open space areas via the related subdivision plats. Thus, OS is the appropriate zoning district for these parcels. Section 3.3.2 (Standards for Rezonino Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within a stable residential area shall be denied. , . P&Z Staff Report Corrective Rezoning from R-1-A and RM to OS for the Hamlet Page 3 The subject parcels are located in a stable residential area and the proposed rezoning is not to CF. However, the proposed rezoning is corrective in nature and achieves required consistency with the FLUM designation. The OS zone district is more restrictive than either the current residential districts or the CF district. Thus, the intent of this standard is met. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The proposed zoning of OS reflects the current uses of the subject properties as drainage retention areas and open space. The OS zoning will help to preserve these areas which are compatible with the surrounding residential areas. Section 2.4.5(0)(5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(0)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstance. particular to the site and/or neighborhood. The applicable reason is "a," pursuant to the following: The subject parcels were assigned a FLUM designation of Recreation and Open Space in 1989 to prevent any potential development. The parcels should have been zoned to the consistent zoning designation of OS with the Citywide rezoning that followed the adoption of the LORs. The current action will correct the oversight. LOR Compliance: There are no existing or proposed structures on the parcels. Pursuant to LOR Section 4.4.22(F), the standards for development and permitted uses in the OS district will be established I '. . P&Z staff Report , Corrective Rezoning from R-I-A and RM to OS for the Hamlet page 4 through the site and development plan. As there is no proposed Site and Development Plan for the subject parcels LOR compliance is not applicable to the subject parcels. REV I E W B Y 0 THE R S: The rezonings are not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency) . Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to the property owner of record. Addi tionally courtesy notices have been sent to the following people and groups: * George Roland, Greensward Village; * Helen Coopersmith, PROD; * Rudolph Lidsky, Hamlet Residents Association; * Albert Haeberle, Sherwood Forest HOA; * Paul Shaffer, Sherwood Park; and * Richard Eckerle, Woodlake. The above people have requested to be notified of petitions near their developments. Letters of objection, if any, will be presented at the P & Z Board meeting. ASS E SSM E N TAN D CON C L U S ION: The subject parcels are currently in open space use. The intent of the 1989 designation of the parcels as Open Space on the FLUM was that they remain in that use. The proposed rezoning will further that intent. The parcels retained their residential zoning designation error with the adoption of the LDRs in 1990. The parcels should have been rezoned to os at that time to achieve required consistency between FLUM and zoning designations. This rezoning will bring about the required consistency. The proposed rezoning will not diminish the compatibility of the site with surrounding properties. All required positive findings can be made. Therefore, a corrective rezoning of these parcels is appropriate. A L T ERN A T I V E ACT ION S: A. Continue with direction. , P&Z Staff Report . Corrective Rezoning from R-I-A and RM to OS for the Hamlet Page 5 B. Recommend rezoning of the subject parcels from R-1-A and RM to OS, based on positive findings. c. Deny rezonings of the subject parcels from R-1-A and RM to OS, based on a failure to make positive findings. S T A F F R E COM MEN 0 A T ION: Recommend approval of the rezoning requests for the following parcels from R-1-A to OS: * The Estates III, Tract "y" * Evergreene, Tract "c" * Lakewoode, Sec, II, Tract "c" * Lakewoode, Sec. I, Tract "c" * The Estates, Tract "L" * The Estates II, Tract "A" * The Estates II, Tract "B" * The Estates III, Tract "Z" * Lakewoode, Sec, I, Tract "A" * Lakewoode, Sec, II, Tract "A" and for the following parcel from RM to OS: * The Estates IV, Tract "Y" based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.2.2 (Performance Standards), Section 2.4.5(0)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachment: * Location Map Report prepared by: Jeff Perkins, Planner Reviewed by DO on: 8~fA1 , . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [?'vf SUBJECT: AGENDA ITEM i /:{ A - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 80-94/GARBAGE AND TRASH DATE: SEPTEMBER 23, 1994 Ordinance No. 80-94 amends Chapter 51, "Garbage and Trash", Section 51. 70, IIRegular Charges Levied II , of the City's Code by increasing the rates charged for garbage, recycling and trash services for both residential and commercial customers. The increase is in accordance with our contract with Waste Management which requires the rates to be updated by the Consumer Price Index on an annual basis. Recommend approval of Ordinance No. 80-94 on first reading. If passed, a public hearing has been advertised for October 4, 1994. The increased rates will be applicable to all bills rendered on or after October 1, 1994. p~ S-O ref:agmem028 , ~ . . ,- ORDINANCE NO. 80-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH II , OF THE CODE OF ORDINANCES OF THE CITY OF ~ ! DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51. 70, I IIREGULAR CHARGES LEVIEDII, TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL AND COMMERCIAL ! CUSTOMERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, IIPublic Works II , Chapter 51, i II Garbage and Trash II , Subheading IIRates and Charges II , Section 51.70, II Regular Charges Levied II , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: !I Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage II and trash service: , (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.72: ( 1 ) For those customers receiving Type A, roll-out cart service, the service charge shall be SJ."J~J 815.43 per month for garbage and trash pickup. However, the levy for II Tropic Palms and Palms of Delray II (known as Type F) shall be SJ.)J"~ 812.47 per month for garbage and trash pickup. (2 ) For those customers receiving Type B, rear-door/ side-door service, the service charge shall be $17/7' 813.26 per month for garbage and trash pickup. However, the levy for the area bordered by N.W. 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south and N.E. 2nd Avenue on the west (known as Type G) shall be St'JJ.7 816.23 per month for garbage and trash pickup. I , . ! ( 3 ) For those customers receiving Type C, curbside, garbage ! and household trash in disposable containers service, the service charge shall be $'J~~ 86.40 per month for garbage and household trash I ~ pickup. (4 ) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collection by the city or its contractor is thus pursuant to the Type B, rear-door/side-door service), the service charge shall be $~J~~ 810.88 per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the north, Federal Highway on the east, Linton Boulevard on the south, and I-95 on the west (known as Type H) shall be $J.~JJ7 513.86 per month for garbage and trash pickup. Notes: I (a) Residential customers shall be assessed a $~J.1(3 82.16 per unit charge for recycling service (included in rates set forth above). (b) Residential customers shall be assessed a $/~~ ~ per unit charge for separate vegetation collection I services for all curbside residential dwelling units (included in rates set forth above). The effective date for this service is October 1, 1992. I (B) Mechanical containers and commercial refuse container service. (1) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upon the following for such garbage and trash services: Commercial , Residential Monthly I Monthly Container 1 Container Charge Charge (Collection i Container Size Pickups (Collection and Disposal ! i (Square Yard) Per Week Charge Only) Charge 2 1 $ '$~ 38.26 $ ,~ 55.89 3 1 _'$ 53.27 7_ 79.42 4 1 ,~ 66.49 ~'$ 101.76 6 1 7~ 93.81 ~~~ 146.72 - 2 - Ord. No. 80-94 I I ! . . ~ 8 1 ~~ 117.59 J.7~ 187.36 2 2 ~~ 76.08 J.~~ 111.35 3 2 ~, 106.54 J.~~ 159.45 4 2 .l~~ 134.58 .r~~ 205.12 6 2 .l~~ 187.62 ~7J. 293.44 t 8 2 .r~~ 234.73 'J~7 375.81 ! 2 3 ~'J 114.34 .r,~ 167.80 3 3 J.~~ 159.80 ~~~ 239.16 4 3 J.'~ 199.97 ~~'J 305.79 6 3 ~.r~ 281.44 ~~7 440.17 8 3 ~~~ 352.28 '~lJ 563.92 2 4 J.~~ 152.59 ~~7 223.13 3 4 J.7J. 213.06 ~~~ 318.88 4 4 ~J.lJ 266.50 'J77 407.59 6 4 ~~~ 375.26 ,~~ 586.90 8 4 'J'~ 469.87 ~~~ 752.05 2 5 .l" 190.40 ~,~ 278.57 3 5 ~J.'J 266.34 'J7~ 398.62 4 5 ~~'J 333.45 ~7~ 509.78 6 5 'J~' 469.06 ~7~ 733.62 8 5 ~~~ 587.00 ~~7 939.73 I 2 6 J.~~ 228.67 'JJ.J. 334.49 I 3 6 ~,~ 319.60 ~111I 480.53 I 4 6 'JJ.~ 399.93 ,~~ 611.57 I 6 6 1I'J~ 562.88 ~J.1I 880.35 8 6 ''J~ 704.60 J.llJ1I~ 1.127.87 if Ii 11 (2 ) Multiple-family dwelling units containing five iI units or more shall use containers emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space for a mechanical container or other good reason. ( 3 ) Commercial customers shall use mechanical containers and commercial refuse container service (Type E) . Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. (b) Mechanical containers. - 3 - Ord. No. 80-94 I \ ., , "' . (4 ) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5 ) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set forth in this chapter; however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or routine/regular maintenance of such containers that I may be performed by the city's contractors. I (6 ) Commercial customers needing less than six refuse I containers, and those approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the city or its contractors and the customer. The charge shall be based upon the following for such garbage and trash services: 90-Gallon Cart Service Pick-ups per Week Monthly Charge 1 $ '/17 38.00 2 77- 73.94 3 t~1 111.94 4 t_, 148.92 5 J.~t 185.89 6 7-HI 221.83 I (C) The charges set forth above for mechanical containers and commercial refuse container service (Type E) shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the city or provided by the city's contractors shall be used. Where more than one I user is serviced by one container, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container; however, in no event shall the monthly service charge be less than $~J. 838.26 for residential dumpster service and $,7- 855.89 for commercial dumpster service. The term "CUSTOMER" as employed herein is any person using the service or to - 4 - Ord. No. 80-94 .. 'r _ , 1 whom the service is available. Even if the customer is different from i the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. (D) Commercial rates for recycling: Container Size Pick-ups Recycling Monthly (Square Yard) Per Week Billing Rates 96 gal 1 $ 1719J 18.47 2 1 {''J1'J7 44.54 3 1 '7J17. 58.66 4 1 7JJ7.7 80.38 6 1 1~'J/~~ 106.46 8 1 1'J()111. 133.62 96 gal 2 7.71'1. 28.25 2 2 ~'I'J 67.35 3 2 J'/~J 87.99 4 2 17.1./~' 124.93 6 2 1.7~/'J~ 174.90 I 8 2 7.1.7J91. 223.79 96 gal 3 'J'19~ 36.93 , 2 3 J~/7{' 89.08 I 3 3 1.1'JJ1.J 116.24 I 4 3 1.~~/f)17 170.55 I 6 3 7.{'~/{'7 253. 12 8 3 ~()~J77 315.05 i 96 gal 4 ,,'/{.fJ 46.72 I i 2 4 J.()JJfJ~ 111.90 j 3 4 "{'1./7{' 145.57 I 4 4 '/.()fJl{.{. 215.09 I 6 4 ~()'/./,,, 310.71 i 8 4 19{.J'7 405.22 i 96 gal 5 ,,/~.r 56.50 I I, 2 5 1.11./"~ 134.70 3 5 1~fJJ'/.' 173.82 I 4 5 7.''J/JJ 260.73 6 5 ~~J/1.7. 378.00 1 8 5 "J'/.J'J~ 495.38 96 gal 6 ~{'J'7. 66.26 2 6 1'1J1J 157.52 3 6 1fJ~/7' 202.06 4 6 '/.fJJJ1() 306.35 6 6 {''J1J71. 445.42 8 6 '7()/1~ 585.55 - 5 - Ord. No. 80-94 , . . . - Ii , (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $:r/~lJ S 1.74 per unit which shall be billed by the Contractor. Section 2 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be I declared by a court of competent jurisdiction to be invalid, such I I decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4 . That this ordinance shall become effective immediately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after October 1, 1994. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. II MAY 0 R ATTEST: il II City Clerk " II First Reading :1 !I Second Reading I I j I I - 6 - Ord. No. 80-94 \ , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~l SUBJECT: AGENDA ITEM i J;{ B - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 64-94/TELECOMMUNICATION RIGHT-OF-WAY PERMITS DATE: SEPTEMBER 22, 1994 Ordinance No. 64-94 is one of two proposed telecommunication ordinances proposed for consideration on first reading. It enacts a new Chapter 57, "Telecommunication Right-of-Way Permits" , which provides the authority to require companies which install communication systems within City rights-of-way to obtain a permit and to pay an annual fee. It excludes municipally franchised telephone or cable companies. This ordinance will allow the City to regulate and generate revenue from the use of the City's rights-of-way. This will be especially significant in the event franchise fees are no longer permitted due to proposed changes in federal and state law. Recommend approval of Ordinance No. 64-94 on first reading. If passed, public hearing on October 18, 1994. ~/O f~ ref:agmem03 , - , /~) I '~? \ ~ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE ~iJU :\w lsr AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 4U7i:78.4755 Wr~t_r'. D~r_ct L~n_ DELRAY BEACH (407) 243-7090 f lOll I 0 ., ......... AI~America City MEMORANDUM 1 , II J! Date: September 16, 1994 JLJY3 To: David T. Harden, City Manager From: David N. Tolces, Assistant City Attorn~ Subject: Proposed Telecommunication Ordinances Attached are the two proposed ordinances regulating the City's rights of way and establishing a permit process for use of the right-of-way and installation of cell sites. One ordinance creates Chapter 57, "Permits for Use of Right-of- Way for Private Telecommunication Services." This ordinance will require companies who install communication systems within the right-of-way to obtain a permit and to pay an annual fee. Chapter 57 will not apply to municipally franchised telephone or cable companies. Proposed Chapter 58, "Wireless Communication Systems", provides for regulations and permitting of wireless communi- cation system cell sites throughout the City. It is anticipated that networks of pi co and micro cell sites will be placed within municipalities in order to facilitate the growth and use of personal wireless communication networks. This ordinance regulates the placement of the cell sites, establishes a permitting process, establishes fees for the permits, and a fee collection process. Both ordinances provide. an alternative source of revenue which may be necessary in the event franchise fees are no longer permitted due to proposed changes in federal and state law. I would like to present these ordinances for first reading as soon as possible. Please call if you have any questions. DNT:smk Attachments cc: Susan A. Ruby, City Attorney Joseph Safford, Finance Director Lula Butler Director of Community Improvement Jerry Sanzone, Chief Building Official ~ tele-l.dnt Printed on Recycled Paper . ORDINANCE NO. 64-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", BY ENACTING A NEW CHAPTER 57, "TELECOMMUNI- CATION RIGHT-OF-WAY PERMITS", TO PROVIDE FOR THE ENACTMENT OF A NEW ARTICLE TO REQUIRE A PERMIT TO ASSESS FEES FOR TELEPHONE, TELEMETRY, VIDEO, INTERCOM, DATA AND TELECOMMUNICATIONS LINES, CABLES AND CONDUITS WITHIN THE RIGHTS-OF-WAY WHICH PROVIDE TOLL AND PRIVATE TELEPHONE AND TELECOMMUNICATIONS SERVICES AND EXCLUDING FROM THESE FEES ALL UTILITIES AND ALL OTHER FRANCHISE SERVICE PROVIDERS USING THE RIGHT-OF-WAY AND TO SET FORTH THE TERMS AND CONDITIONS FOR SUCH PERMITS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works" of the Code 0.1.. Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Chapter 57, "Telecommunication Services", to read as follows: CHAPTER 57: PERMITS FOR USE OF RIGHT-OF-WAY FOR PRIVATE TELECOMMUNICATION SERVICES. (A) No person or firm, whether public, private, nonprofit or not for profit shall construct, operate or continue to operate a private communication system which occupies the streets, public ways and public places within the City without having been issued a telecommunication permit by the Chief Building Official, or a franchise for telephone, telecommunication service, video distri- bution system, or cable communication system by the City. (B) Except as hereinafter provided, it shall be a term and condition of any telecommunication permit issued in accordance herewith that as a part of the consideration supporting the issuance of such telecommunication permit and the City's permission thereby to occupy and use the streets of the City, that the permitee shall pay each year to the City compensation and license fees as follows: (1) All applicants ~hall pay a permit request fee of $300.00 , . ( 2 ) For providers of long distance access or long distance service, other than the franchised local exchange carrier, a minimum fee of $500.00 per year per cable or $500.00 per year per cable per linear mile or any portion there of per mile whichever is greater or the maximum allowed by law. ( 3 ) For private communications systems owned by a non- franchised entity, a minimum of $500.00 per year or $500.00 per linear mile, whichever is greater, or any part thereof, per year for systems extending over 1 mile. In no case shall the annual fee be less than $500.00. ( 4 ) Lines, cables or fiber optics of a Private Communication System placed in a conduit or duct-bank owned by another Permittee or franchisee shall require a separate tele- communication application and permit, subject to the same requirements as other installations, except the fee for the additional telecommunications permit shall be one half the maximum allowed by law or one-half of the otherwise applicable per linear mile fee for the portion of the pathway so utilized. ( 5 ) Lines, cables or fiber optics of a private communication system which are placed in a conduit or duct-bank owned by an entity not exempt by law or statute from the provisions of this Article shall require a telecom- munication permit, unless the franchise, or other authorization by which the exempt entity has the right to place the conduit or duct-bank within the City property, prohibits the application of the permit and fee require- ments contained in this article to the lessee of space within the conduit or duct-bank. (C) The annual compensation and license fee provided for in Section (B) shall be pay~ble annually on or before October 1 of each calendar year for the portion of the private communications systems within the City right-of-way on January 1 of that year and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the appli- cation for a telecommunication permit for all new portions of the system. Quarterly revenue fees are due January 1, April 1, July 1, September 1. (D) Fees not paid wi thin ten days after the due date shall bear interest at the rate of (1%) on percent per month from the date due until paid. 2 ORO. NO. 6 4 - 9 4 , (E) The acceptance of any payment required hereunder by the City shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable. ( 1 ) All fee payments shall be subject to audit by the City and assessment or refund if the payment is found to be in error. ( 2 ) In the event that such audit results in an assess- ment by and an additional payment to the City, such additional payment shall, at the City's option, be subject to interest at the rate of one percent (1%) per month retroactive to the date such payment originally should have been paid, which shall be due and payable immediately. (F) Nothing in this Article shall be construed to limit the liability of the Permittee for all applicable federal, state and local taxes. (G) Any holder of a telecommunication permit must be a memb( of "Call Candy" Utility Notification Center (1-800-282-8881) or an} subsequent alert and warning system to protect and locate their underground. SECTION 57.02 DEFINITIONS. (A) For purposes of this article and any permit in accordance herewith, the following terms, phrases, words and their derivations, shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the City Commission. ( 1 ) "Building Official" means the Chief Building Official of the City of Delray Beach. ( 2 ) "Cable Communications System" means a non-broadcast facility consisting of a set of transmission paths with associated signal generation, reception and control equipment, under common ownership and control, which distributes or is designed to distribute to owners, users or subscribers, the signals of one or more television broadcast stations and other subscriber services with an existing franchise issued by the City of Delray Beach. ( 3 ) "FCC" means the Federal Communications Commission or i'l legally appointed successor. 3 ORD. NO. 64-94 - ( 4 ) Local Access Transport Area (LATA) means that geographic area and communications system in which the City of Delray Beach is located and in which Southern Bell or any subsequent telephone company is authorized by the Public Service Commission of Florida to provide local exchange access telecommunications services. ( 5 ) "Local Telephone Service" means: (a) The access to a local telephone system, and the privilege of telephonic-quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system: or (b) Any facility or service provided in connection with a service described in paragraph (a) . The term "local telephone service" does not include any service which is a toll telephone service; private communi- cation service; cellular mobile telephone or telecommunication service; specialized mobile telephone or telecommunication service; specialized mobile radio, or pagers and paging, service, including but not limited to "beepers" and any other form of mobile and portable one-way or two-way communication; or telephone typewriter or computer exchange service. ( 6 ) "Telecommunication Permit" means the privilege granted by the City by which the City authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain repair, rebuild and replace a private communications system that occupies the streets, public ways or public places within the City. Any Telecommunication Permit issued in accordance herewith shall be a nonexclusive permit. ( 7 ) "Permittee" means the person, organization, firm, non profit, not for profit, corporation or its legal successor in interest who is issued a Telecommunication Permit or Permits in accordance with the provisions of this Article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private communi~ations system in the City. ( 8 ) "Private Communications System" means any system of communications lines, cables, equipment or facilities, which are used to provide a telephone, video, data, telemetry, intercom or telecommunications service, that 4 ORD. NO. 64-94 , in any manner pccupies easements, the streets, public ways or public places within the corporate limits of the city, as now or in the future may exist. Private communications system does not include any part of a state or municipally franchised Local Exchange Telephone Company or part of a cable television system or telephone system franchised by the City or any part of a federal, state, county or local government owned communications system. ( 9 ) "Street" means any area established for vehicular or public access use of the entire width between the property liens of every way publicly maintained when any part thereof is open for public purposes. "Street" includes, but is not limited to, highway, avenue, road, alley, right-of-way, lane, boulevard, concourse, bridge, tunnel, parks, parkways and waterways. (10) "Easements" mean any strip of land created by a subdivider for public or private utilities, sanitation, or other specified uses having limitations, the title tC' which shall remain in the name of the property owner subject to the right-of-way use designated in the reservation of the servitude. No private facility may be constructed within the easement without written permit from the City. ( 11) "Toll Telephone Service" means: (a) A telephonic-quality communication for which there is a toll . charge which varies in amount with the distance and elapsed transmission time of each individual communication; or (b) A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located. SECTION 57.03 LENGTH OF PERMIT. (A) Any Telecommunication Permit issued by the City L. accordance herewith shall be a nonexclusive permit for the use of 5 ORO. NO. 64-94 - the easements, streets, public ways or public places within the City as specified in the Telecommunication Permit for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a Private Communications System. (B) Any Telecommunication Permit issued by the City shall continue in full force and effect so long as the Permittee is in compliance with this Article, all applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose. (C) In the event any Telecommunication Permit shall be revoked, the applicable Private Communications System shall, at the option of the City, be removed from the streets, public ways and public places at the sole expense of the Permittee. SECTION 57.04 PERMIT LOCATIONS. ( A) Any Telecommunication Permit issued for a Private Communications System in accordance herewith shall apply only to the location or locations stated on the Telecommunication Permit or Permits. Each Permit shall clearly state the location of each end and leg of the Private Communications System and specifies the length certified by a registered survey company. (B) Nothing in this Article shall be construed as a represen- tation, promise or guarantee by the City that any other permit or other authorization required under any City ordinance for the construction or installation of a Private Communications System shall be issued. The requirements for any and all other permits as may be required by any City ordinance, including the Right-of-Way Utilization Permit, shall still apply and all other applicable permit fees shall still be due. SECTION 57.05 USE OF STREETS AND POLE ATTACHMENTS. (A) Before commencing construction of its Private Communica- tions System in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the City, the Permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate City agencies, including, but not limited to, the Planning and Zoning Department, and the Department of Environmental Services. Applications for such approval shall be made in the form prescribed by the Building Department. (B) Upon obtaining such written approval, the Permittee shall give the Building Department and the appropriate agency written notice within a reasonable time of proposed construction, but in no 6 ORD. NO. 6 4 - 9 4 , event shall such notice be given less than ten (10) days before such commencement, except for emergency repairs of existing lines or cables. (C) Any person who submits a request for a Permit in accordance herewith shall include therein proposed agreements for the sue of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the propo.sed Private Communications System, which agreements shall become effective on the date of execution of the Permit issued in accordance herewith in the event that such person is issued a Permit. In the event that permission to use existing poles or conduits cannot be obtained, the Permittee shall submit documentation to support the unavailability of existing poles and a detailed plan for construction insuring protection for existing facilities. (D) It shall be unlawful for the Permittee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for anv purpose whatsoever without obtaining approval to do so aftl proceeding in the manner prescribed in subsections (a) and (b J hereof. (E) The Permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the City's standard specifications for Streets and Sidewalks, and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner or shall make such other repairs or restorations as outlined in the approved permit. (F) The Permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its. property when required to do so by the City because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, City owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the Permit. (G) Nothing in this Article or any Permit issued ~- accordance herewith, shall be construed as authorizing the 7 ORO. NO. 64-94 , . Permittee to erect and maintain new poles in areas serviced by existing poles, if the poles are available for Permittee's cable. The Permittee shall obtain written approval from the Building Department and Department of Environmental Services before erecting any new poles or underground conduits where none exist. ( H) The Permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. The Permittee shall provide indemnity insurance and performance bonds or demonstrate financial responsi- bility as shall comply with all rules and regulations issued by the Department of Environmental Services governing the construction and installation of Private Communications Systems. ( I) The Permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish as soon as they are available two (2 ) complete copies of such maps and records, including as-built drawings, to the Depart- ment of Environmental Services. (J) The Permittee shall comply with all rules and regulations issued by the City of Delray Beach governing the construction and installation of Private Communications Systems. SECTION 57.05 VIOLATION PENALTY. Any person who shall carryon or conduct any business or occupation or profession for which a license tax is required by this chapter without first obtaining a license tax shall be considered to be in violation of this chapter, and, upon conviction, be punished as provided in Chapter 130 of this Code. SECTION 57.06 TRANSFER ASSIGNMENTS. The Permittee shall not transfer or assign its interest in any Permit issued in accordance herewith, other than a general assign- ment of the Permittee's entire assets or a pledge of the assets as collateral on a loan, without the prior written authorization of the City Manager. For purposes of this section, a merger or consolidation of the Permittee with another company shall not be deemed a transfer or assignment. The assignment of the right to a nonaffiliated company to place a line, cable or fiber optic within a permitted conduit or duct bank of a Permittee is subject to the requirement of an additional Telecommunication Permit and the applicable fees. 8 ORD. NO. 64-94 , . . . SECTION 57.07 EXISTING PRIVATE COMMUNICATIONS SYSTEM. (A) Lines or cables of Private Communication Systems which had been constructed or placed within the City's streets, public ways or public places prior to the date of enactment of this Ordinance were permitted to be there only by virtue of a revocable license. Such lines and cables may remain within the City 's streets, public ways or public places provided the private communi- cations systems comply with the provisions of this Article as they relate to the existing lines and cables. (B) Except as hereinafter provided, the provisions of this Article shall become effective as to pre-existing private communi- cations systems on November 1, 1994. The private communications systems companies which have facilities within the City streets on the date of enactment of this Ordinance shall have until January 31, 1995 to obtain permits for their existing system, to pay the applicable fee for 1993, October 1, 1993 prorated as of October 1, 1994, and to fully comply with the provisions of this Article. (C) The applicable fee for lines, cables, and fiber optic~ which were existing within the City streets, public ways and publi places on October 1, 1994, shall be prorated over a two year transitional period. The fee for the first calendar year appli- cable to the existing lines and cables shall be (50%) fifty percent of what otherwise would be due in accordance with the terms of this Article. The fee for the second year shall be 75% of the actual amount and 100% beginning in year 3. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAYOR ATTEST: City Clerk First Reading Second Reading tele.ord 9 ORD. NO. 64-94 , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/?W1 SUBJECT: AGENDA ITEM i I;" e - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 65-94/WIRELESS COMMUNICATIONS SYSTEMS DATE: SEPTEMBER 22, 1994 Ordinance No. 65-94 is one of two proposed telecommunication ordinances proposed for consideration on first reading. It enacts a new Chapter 58, "Wireless Communications Systems: Permits for the Use of Right-of-Way", which provides the authority to regulate and require permitting of wireless communication system cell sites throughout the City. It regulates the placement of the cell sites, establishes a permitting process, establishes fees for the permits, and a fee collection process. As with Ordinance No. 64-94, this ordinance will allow the City to regulate and generate revenue from the use of the City's rights-of-way. Recommend approval of Ordinance No. 65-94 on first reading. If passed, public hearing on October 18, 1994. p~ 6~o ref:agmem04 , -.., , ORDINANCE NO. 65-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", BY ENACTING A NEW CHAPTER 58, "WIRELESS COMMUNICATIONS SYSTEMS" , TO PROVIDE FOR THE ENACT- MENT OF A NEW CHAPTER TO REQUIRE A PERMIT FOR AND TO ASSESS FEES FOR THE PLACEMENT OF MICRO CELLS, PICO CELLS OR OTHER FORMS OF TRANSMITTERS AND RECEIVERS FOR THE PURPOSE OF P~OVIDING TELEPHONIC, TELEPHONE, TELEPOINT, PAGING OR OTHER SIMILAR WIRELESS COMMUNI- CATION SERVICES ON OR WITHIN THE RIGHTS OF WAY AND ESTABLISHING A PERMITTING PROCESS TO PROVIDE FOR THESE DEVICES IN COMMERCIAL OR RESIDENTIAL BUILDINGS NOT ZONED FOR THIS ACTIVITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That Title V, "Public Works" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Chapter 58, "Wireless Communications Systems", to read as follows: CHAPTER 58: WIRELESS COMMUNICATION SYSTEMS: PERMITS FOR THE USE OF RIGHT-OF-WAY. SECTION 58.01 LICENSE REQUIREMENT. (A) No person or firm whether public, private, non profit or not for profit shall construct, operate or continue to operate a Wireless Communications System which occupies any part of the streets, public ways and public places within the City without having been issued a Wireless Telecommunication Permit by the City. (B) Except as hereinafter provided, it shall be a term and condition of any Wireless Telecommunication Permit issued in accordance herewith that is a part of the consideration supporting the issuance of such Wireless Communication Permit and the City's permission thereby to occupy and use the streets and rights of way of the City, that the Permittees shall pay to the City compensation and license fees as set out below: ( 1 ) All applicants shall pay a permit request fee of $50.00 per cell site. , ( 2 ) The wireless provider shall pay to the City an annual permit fee of $100.00 per cell site. ( 3 ) Privately owned lines or cables placed by the Wireless Communications System operator to support the backhaul portion of the network are subject to Chapter 57 unless the operator is a franchised telephone company or franchised Cable Television. ( 4 ) The City may adjust these permit fees each year to the extent allowed by law. The minimum adjustment shall be set by the cumulative increase in the Consumer Price Index published by the United States Department of Labor for Urban Wage Earners (1967 = 100%), since the initial establishment of this permit fee, or since the most recent increase in the permit fee for any and all subsequent increases after the first increase, and only after a public hearing and at least twenty (20) days notice to all Permittees, except as herein- after provided (C) The annual compensation and permit fee provided for in Section (B) shall be payable annually on or before October 1 ( each calendar year for the portion of the Wireless Cornmunication_ Systems within the City right of way on January 1 of that year and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the applica- tion for a Wireless Telecommunication Permit for all new portions of the system. The quarterly revenue fees are due January 1, April 1, July 1, and September 1. (D) Fees not paid within ten days after the due date shall bear interest at the rate of one percent (1%) per month from the date due until paid. (E) The acceptance of any payment required hereunder by the City shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable. ( 1 ) All fee payments shall be subject to audit by the City and assessment or refund if the payment is found to be in error. ( 2 ) In the event that such audit results in an assess- ment by and an additional payment to the City, such additional payment may be subject to interest at the rate of one percer (1%) per month retroactive to the date such payment original_ 2 ORD. NO. 65-94 should have been paid, which shall be due and payable immediately. (F) Nothing in this Chapter shall be construed to limit the liabili ty of the Permittee for all applicable Federal, State and local taxes. (G) Any holder of a Wireless Telecommunication Permit must be a member of "Call Candy" Utility Notification Center (1-800-282-8881) or any subsequent alert and warning system to protect and locate their underground and pole mount structures. Section 2. That Section 58.02, City of Delray Beach Code is added to read as follows: SECTION 58.02 DEFINITIONS. (A) For the purposes of this Chapter and any Permit in accordance herewith, the following terms, phrases, words and their deri vations shall have the meaning given herein unless otherwise specifically provided in this Chapter or unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the City Commission. (1) "Engineering Department" means the Engineering Department of City of Delray Beach. (2) "Wireless Communications System" means any system which uses a form of cellular telephony which allows business and residential subscribers to access and/or make telephone calls to each other through the Wireless Telecommunications System or over the Public Switched Telephone Network (PSTN) network using small cordless telephone devices which communi- cate with limited range cells (transmitter/receive sites) connected to a backhaul network. (3) "Backhaul Network" means the physical network that connects micro cells and pico cells to a central switching point or the Public Switch Telephone Network (PSTN). (4) "Micro Cell" means a transmitter/receiver system used to communicate to the subscriber's handset. Typically with a range 600 - 1,000 meters. (5) "Pico Cell" means a transmitter/receiver system used to communicate to the subscriber's hand set. Typically with a range of 200 - 600 meters. 3 ORD. NO. 65-94 . (6) "FCC" means the Federal Communications Commission or its legally appointed successor. (7) "Cell Site" means the location of a transmitter/- receiver and backhaul network interface which provides telephonic or telecommunications type service to subscribers. The locations include single pole mounted receiver/transmitter units, receiver/transmitter units located on new or existing antennas structures, receiver/transmitter units located in buildings and on roof tops. (8) "Local Access Transport Area" (LATA) means that geographic area and communication system in which the City of Delray Beach is located and in which Southern Bell or any subsequent telephone company is authorized by the Public Service Commission of Florida to provide local exchange access telecommunications services. (9) "Local Telephone Service" means: (a) The access to a local franchised telephone system, and the privilege of telephonic-qualit communication with substantially all person~ having telephone or radio telephone stations consti tuting a part of such local telephone system; or (b) Any facility or service provided in connection with a service described in paragraph (a). The term "Local Telephone Service" does not include any service which is a toll telephone service; personal communications service; private communication service; cellular mobile telephone or telecommunication service; regularized mobile telephone or telecommunication service; regularized mobile radio, or pagers and paging service, including but not limited to "beepers" and any other form of .mobile and portable one-way or two-way communication; or telephone typewriter or computer exchange service. (10) "Wireless Communications Permit" means the privilege granted by the City by which it authorizes a person, firm or corporation to erect, construct, reconstruct, operate, dismantle, test, use, maintain, repair, rebuild or replace a wireless communications system that occupies any portion of the streets, public ways or public places wi thin the City Any permit issued in accordance herewith shall be a non exclusive permit. 4 ORD. NO. 65-94 , (11) "Permittee" means the person, organization, firm, profit or not for profit corporation, or its legal successor in interest who is issued a Wireless Communication Permit or Permits in accordance with the provisions of this Chapter for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a Wireless Communications System in the City. ( 12 ) "Private Communications System" means any system of communications lines, cables, equipment or facilities which are used to provide a telephone, video, data, telemetry, intercom or telecommunications service that in any manner occupies easements, street,s public ways or public places within the corporate limits of the City, as now or in the future may exist. Private Communications System does not include any part of a state or municipality franchised Local Exchange Telephone Company or part of a cable television system or telephone system franchised by the City or any part of a federal, state, county or local government owned tele- communications system. ( 13) "Street" means any area established for vehicular or public access use of the entire width between the property lines of every way publicly maintained when any part thereof is open for public purposes. "Street" includes, but is not limited to, highway, avenue, road, alley, right of way, lane, boulevard, concourse, bridge, tunnel, parks, parkways and waterways. (14) "Easements" means any strip of land created by a subdivider for public or private utilities, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of way use designated in the reservation of the servitude. No private facility may be constructed within the easement without written permit from the City. (15) "Toll Telephone Service" means: (a) A telephonic-quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or (b) A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of 5 ORD. NO. 65-94 , telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the Local Telephone System Area (LATA) in which the station provided with this service is located. Section 3. That Section 58.03, City of Delray Beach Code is added to read as follows: SECTION 58.03 LENGTH OF PERMIT. ( A) Any Wireless Communication Permit issued by the City in accordance herewith shall be a non-exclusive permit for the use of the easements, streets, public ways or public places within the City as specified in the Wireless Communication Permit for the erection, construction, "reconstruction, operation, maintenance, dismantling, testing and use of a Wireless Communications System. (B) Any Wireless Communication Permit issued by the City shall continue in full force and effect so long as the Permittee is in compliance with this Chapter, all applicable Federal, State an local ordinances and regulations and the space occupied is not needed for a public purpose. (C) In the event any Wireless Communication Permit shall be revoked, the applicable Wireless Communications System shall, at the option of the City, be removed from the streets, public ways and public places at the sole expense of the Permittee. Section 4. That Section 58.04, City of Oelray Beach Code is added to read as follows: SECTION 58.04 PERMIT LOCATIONS. (A) Any Wireless Communication Permit issued for a Wireless Communications Systems in accordance herewith shall apply only to the location or locations stated on the Wireless Communication Permit. Each Permit shall clearly state the location of each cell site system and specify the height and cell configuration. (B) Nothing in this Chapter shall be construed as a representation, promise or guarantee by the City that any other permit or other authorization required under any City ordinance for the construction or installation of a Wireless Communications System shall be issued. The requirements for any and all other permits as may be required by any City ordinance, including th Right-of-Way Utilization Permit, shall still apply and all othe. applicable permit fees shall still be due. 6 ORO. NO. 65-94 Section 5. That Section 58.05, City of Delray Beach Code, is added to read as follows: SECTION 58.05 USE OF STREETS AND POLE ATTACHMENTS. ( A) Before commencing construction of its Wireless Communications System in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the City, the Permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate City agencies, including, but not limited to, the Planning and Zoning Department, and Engineering Department. Applications for such approval shall be made in the form prescribed by the Building Department. (B) Upon obtaining such written approval, the Permittee shall give the Building Department and the appropriate agency written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten ( 10) days before such commencement, except for emergency repairs of existing lines or cables. (C) Any person who submits a request for a Permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed Wireless Communications System, which agreements shall become effective on the date of execution of the Permit issued in accordance herewith in the event that such person is issued a Permit. In the event that permission to use existing poles or conduits cannot be obtained, the Permittee shall submit documentation to support the unavailability of existing poles and a detailed plan for construction insuring protection for existing facilities. Such plans shall include det.ailed drawings of the location and manufacturers specifications for the cell site equipment. (D) It shall be unlawful for the Permittee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections ( A) and ( B) . Violation of this section shall subject the Permittee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the City. (E) The Permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the City's standard 7 ORD. NO. 65-94 , specifications for Streets and Sidewalks, and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner or shall make such other repairs or restorations as outlined in the approved permit. (F) The Permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the City because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installations of sewers, drains, water pipes, City owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the Permit. (G) Nothing in this Chapter or any Permit issued i accordance herewith, shall be construed as authorizing the Permittee to erect and maintain new poles in areas serviced by existing poles, if the poles are available for Permittee's use. The Permittee shall obtain written approval from the Building Department and other appropriate City agencies before erecting any new poles or cell site support structures. ( H) The Permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. The Permittee shall provide indemnity insurance and performance bonds or demonstrate financial responsi- bility as shall comply with all rules and regulations issued by the Engineering Department governing the construction and installation of Wireless Communications Systems. ( I ) The Permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish as soon as they are available two ( 2 ) complete copies of such maps and records, including as-built drawings, to the Engineering Department. ( J) The Permittee shall comply with all rules and regulations issued by the Engineering Department governing the construction and installation of Wireless Communications Systems. 8 ORD. NO. 65-94 ------" , Section 6. That Section 58.06, City of Delray Beach Code is added to read as follows: SECTION 58.06 VIOLATION PENALTY. Any person who shall carry on or conduct any business or occupation or profession for which a permit is required by this Chapter without first obtaining a permit shall be considered to be in violation of this chapter and, upon conviction, subject to a fine not to exceed $500.00. Each day any violation shall continue to exists shall constitute a separate offense. Section 7 . That Section 58.07, City of Delray Beach Code is added to read as follows: SECTION 58.07 RESTRICTIONS ON ASSIGNMENT, TRANSFER, SALE, AND SUBLEASING. ( A) The rights and privileges hereby granted are considered personal, and if Permittee sells, assigns, transfers, leases or pledges such rights or privileges, or both, in whole or in part, either directly or by operation of the law, then the City shall have the right to terminate any and all permits issued hereunder for no other cause. The City shall terminate such permits in writing, certified mail, return receipt requested, to Permittee, and such termination shall be effective sixty (60) days from said date of mailing. The rights and privileges hereby granted shall not be mortgaged or encumbered without the prior consent and approval of the City given by written resolution. (B) In addition to the provisions for termination provided for in sub-section (A) , City shall have the right to terminate any and all permits issued hereunder upon any actual or pending change in, or transfer of, or acquisition by any other party or control of Permittee. The word "control" as used in this context is not limited to major stockholders but includes actual working control in whatever manner exercised. Permittee shall annually submit to the City a list of all shareholders and a list of all officers and directors. By acceptance of the permit the Permittee specifically agrees that any violation of this section shall, at the City's option, cause any and all permits granted the Permittee under this ordinance to be revoked. Section 8. That Section 58.08, City of Delray Beach Code is added to read as follows: ( A) Micro Cell and Pico Cell Sites are allowed on Commercial property. Each cell site will require a permit as indicated in Section 58.01- This permit for a cell site on commercial property 9 ORD. NO. 65-94 , must include a detailed design drawing of the proposed cell site, a statement of permission by the owner and must be signed by the property owner and notarized. All fees and requirements of this ordinance shall apply. (B) Residential Property - No Micro Cell, Pico Cell, repeater or translator sites are allowed on residential property. Placement of cells on residential property is a violation of this ordinance and subject to a fine of not less than $5,000.00 and $500.00 per day for each day the cell is active. Section 9. That Section 58.09, City of Delray Beach Code is added to read as follows: SECTION 58.09 REPORTS. ( A) Firms or individuals requesting permits for new cell sites or cell site systems may be required by the City to submit evidence of financial capability to construct and operate such cell sites or systems as may be included in the permit request. Such evidence may include, but not be limited, to previous years audited financial statements for the requesting firm, individual financia statements for principals or investors or other such financial information as the City Manager may desire. (B) The Permittee shall provide the City with a written statement from an independent certified public accountant within 120 days after the close of the calendar year that such certified public accountant has reviewed the books and records of the Permittee as they relate to any permits issued under this ordinance and based upon such review, the certified public accountant believes the payment received by the City properly reflects the fee due to the City with respect to this ordinance. The City shall have the right to reasonable inspection of the Permittee's books and records during normal business hours. (C) Local office - The Permittee must maintain a local business office open to the public during normal business hours for the purpose of handling customer service. All books and records must be maintained in this local office. Section 10. That Section 58.10, City of Delray Beach Code is added to read as follows: SECTION 58.10 CELL SITE REMOVAL. Upon cancellation, revocation or denial of the permit requirer by this ordinance, the requestor or Permittee shall remove suc. designated cell site and any support structure as requested by the 10 ORO. NO. 65-94 ..,.- , City. Such removal to be completed within thirty (30) days. At the end of thirty (30) days the City may at its option have the cell site removed, with such costs being the responsibility of the Permittee. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAY 0 R ATTEST: City Clerk First Reading Second Reading micro.ord 11 ORO. NO. 65-94 , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [Ifv( SUBJECT: AGENDA ITEM i 1:1. D - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 74-94 DATE: SEPTEMBER 22, 1994 This is first reading for Ordinance No. 74-94 which amends Section 4.4.26, "Light Industrial (LI) District" , of the Land Development Regulations by deleting certain requirements for properties which are zoned LI but which are not located within wellfield protection zones. Please refer to the staff documentation for an analysis of the proposed amendment. The Planning and Zoning Board formally reviewed this amendment on August 15, 1994, and voted 5 to 0 to recommend that it be adopted. Recommend approval of Ordinance No. 74-94 on first reading. If passed, a public hearing will be held on October 18, 1994. PCV~ S--O ref:agmemo17 , ,." " , I ORDINANCE NO. 74-94 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, j "LIGHT INDUSTRIAL (LI) DISTRICT" , SUBSECTION 4.4.26(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO LIMIT THE APPLICABILITY OF i CERTAIN ZONE RESTRICTIONS TO PROPERTIES WHICH ARE 'I LOCATED WITHIN WELLFIELD PROTECTION ZONES 1, 2 AND 3; i! PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, ,I AND AN EFFECTIVE DATE. I I I II WHEREAS, pursuant to LDR Section 1.1.6, the Planning and ,I Zoning Board reviewed the subject matter at its meeting of August 15, :1 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to 0; and , WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the I objectives and policies of, the Comprehensive Plan. 'i ,I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE :1 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District II , Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(B), "Principal Uses and Structures Permi tted" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Oses and Structures perai tted: The following ,I types of uses are allowed within the Light Industrial (LI) Zone District as a permitted use: i :1 ;1 (1) Research and Development: Research and :1 Development (R&D) uses involve either some degree of product creation, II testing, evaluation, and development or the providing of testing and i I evaluation services for products produced by others. However, this I use does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises. Further, when located within Wellfield Protection Zone 1. 2. or 3 . materials used in such testing and evaluation shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land I area for any material which is listed on the Regulated Substance list I as maintained per Section 4.5.5(B) (Wellfield Protection). ! IiI I 1 , . i I ( 2 ) Wholesaling, Storaqe, and Distribution: The 1 wholesaling, storage, and distribution of any product. However. when I located within Wellfield Protection Zone 1. 2. or 3. the products may not include those which ~~__/~~~/t~y~~y_/~~,/~_~~~t~i/~t/.~y/~.t_tt.~ ~~t~~/t_ ~ listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (3 ) Industrial (Manufacturing, Assembly) : Only manufacturing and assembly operations are allowed~ ~~~/~~'~/f$~~Y/~f$/~~~ 1 ,~~,~~/~~_~ When located within Wellfield Protection Zone 1. 2. or 3. , any materials used in such operations shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). i Office: business offices (4 ) General and business services are allowed. However, professional offices dealing with medical activities and medicine are not permitted. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this i ordinance or any portion thereof, any paragraph, sentence, or word be ;j 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 II whole or part thereof other than the part declared to be invalid. I 1/ Section 4. That this ordinance shall become effective I I immediately upon passage on second and final reading. i :/ PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1994. ! I' ,\ ;1 I il MAYOR :1 ATTEST: :j ! I City Clerk I , I i First Reading I I Second Reading - 2 - Ord. No. 74-94 I . !Jf( ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN MANAGER FROM: DIANE DOMINGUEZ DIRECTOR OF PLANNIN SUBJECT: MEETING OF SEPTEMBER 27, 199 LOR AMENDMENT REVISING CERT IN REQUIREMENTS RELATED TO WELLFIELD PROTECTION IN THE LI (LIGHT INDUSTRIAL) ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to LOR Section 4.4.26, Light Industrial (Ll) District. The proposed amendment would delete certain requirements for properties not located within wellfield protection zones. B A C K G R 0 U N D: This amendment was initiated by the Planning and Zoning Board during its consideration of the rezoning of properties along Congress Avenue from MlC to LI. The LI District was created primarily to apply to property located in wellfield protection zones. There are certain restrictions and limitations built into the district which provide extra protection against groundwater contamination. However, the zoning district has certain characteristics that make it 8uitable for areas other than wellfield zones. In those cases, the restrictions represent an unnecessary limitation on the use of the property. PROPOSED LOR AMENDMENT The amendment adds language that will retain the existing restrictions on the types and quantities of materials used on LI zoned property, when that property is located in Wellfield Zones 1, 2, or 3. If the property is not located within those zones, it is no longer subject to those restrictions. , . . City Commission Documentation LDR Amendment Revising Certain Requirements Related to Wellfield Protection in the LI Zoning District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 15, 1994. The Board voted 5-0 to recommend that the amendment be adopted. R E COM MEN D E D ACT ION: By motion, approve the amendment to LOR Section 4.4.26, Light Industrial (LI) District, as provided in the attached Planning and Zoning Board staff report. Attachment: * P&Z Staff Report & Documentation of August 15, 1994 T.CCLILDR.DOC I PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 15, 1994 AGENDA ITEM: V.E. LOR AMENDMENT REGARDING WELLFIELD PROTECTION REGULATIONS IN THE LI ZONE ITEM BEFORE THE BOARD: The item before the Board is that of recommending approval of an amendment to Section 4.4.26 of the Land Development Regulations, LI (Light Industrial) District. The amendment modifies provisions in the district regarding wellfield protection measures. BACKGROUND: This amendment came about during consideration by the Planning and Zoning Board of the rezoning from MIC (Mixed Industrial and Commercial) to LI (Light Industrial) of several parcels located along Congress Avenue, north of Atlantic Avenue. At its meeting of May 16, 1994, the Board recommended denial of the rezoning, based in part upon restrictions built into the LI district that were considered to be inappropriate for the Congress Avenue properties. Those restrictions involve limitations on the types and quanti ties of materials that can be handled on properties zoned LI. The LI district was created primarily to apply to properties which, while suitable for industrial uses, require special regulations because of their proximity to potable water supply wells. The LI district allows industrial type uses such as manufacturing, assembly, and wholesale/distribution, but restricts the materials that can be handled. The restrictions involve substances listed in Palm Beach County's Wellfield Protection Ordinance, and apply to all properties zoned LI, regardless of whether or not the property is located near a well or within a Wellfield Protection Zone. During its consideration of the rezoning, the Board noted that the Congress Avenue properties were not located within a Wellfield Protection Zone, and that the provisions in the LI zoning district were unnecessarily restrictive. While there were a number of other reasons for the Board's recommendation of denial, this issue was identified as one that needed to be addressed. At the May 16th meeting, the Board initiated an amendment to the LI district that would incorporate the desired changes. A draft of that amendment is attached. V.E. , , P & Z Staff Report LDR Amendment Re: LI Zoning District , Page 2 ANALYSIS: The Palm Beach County Wellfield Protection Ordinance contains provisions which regulate the use, handling, production, and storage of certain substances which could adversely affect potable water supply wells and wellfields. The ordinance provides a list of the regulated substances, and describes the types of preventive measures that must be taken in each of the four wellfield zones. The regulations are most restrictive within Zone 1, and least restrictive within Zone 4. For instance, uses involving regulated substances must use special containment equipment and provide monitoring wells in order to operate in Zones I and 2. Uses in Zone 4 are not required to have any special equipment, however, they must perform daily inspections and report spills as outlined in the ordinance. In addition to the provisions of the wellfield ordinance, properties zoned LI are currently subject to g.dditional restrictions on substances handled, whether or not the property is located within a wellfield zone, or regardless of which zone it is in. The attached amendment would limit the applicability of those restrictions to properties which are located within Wellfield Protection Zones 1, 2, and 3. These are the zones which are in closest proximity to the actual wells (Zone 1 being the closest), and for which the Wellfield Protection Ordinance provides the strictest measures. It should be noted that any nonresidential use within a wellfield zone is subject to the provisions of the Wellfield Protection Ordinance, regardless of the zoning district. RECOMMENDED ACTION: By motion, recommend approval of the attached amendment to LDR Section 4.4.26, Light Industrial District. Attachment: * proposed amendment Report prepared by: Diane Dominguez ( Section 4.4.26 Liqht Industrial (LI) District (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the Light Industrial (LI) Zone District as a permitted use: (1) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the providing of testing and evaluation services for products produced by others. However, this use does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises. Further, when located within Wellfield Protection Zone 1, 2, or 1L materials used in such testing and evaluation shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (2) Wholesalinq, Storage, and Distribution: The wholesaling, storage, and distribution of any product, however, when located within Wellfield Protection Zone 1, 2, or 3, the products may not include those which ~0e~ n0t Ini0lie tKe Kari~llrid 0t ariY matetlal wKltK l~ are listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (3) Industrial (Manufacturing, Assembly): Only manufacturing and assembly operations are allowed an~ tKeri 0nlt to tKe etterit tKat. When located within Wellfield Protection Zone 1, 2, or 3, any materials used in such operations shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). orILJ:AMD.DOC , ~ , . - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER etr1 SUBJECT: AGENDA ITEM i I:J.E - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 75-94 DATE: SEPTEMBER 22, 1994 This is first reading for Ordinance No. 75-94 which amends Section 4.4.19, IIMixed Industrial and Commercial (MIC) Districtll, Subsection (H) , IISpecial Regulationsll, of the Land Development Regulations to require that all principal and conditional uses must be conducted within an enclosed building, except for outside storage when approved by the Site Plan Review and Appearance Board. Please refer to the staff documentation for an analysis of the proposed amendment. The Planning and Zoning Board formally reviewed this amendment on August 15, 1994, and voted 5 to 0 to recommend that it be adopted. Recommend approval of Ordinance No. 75-94 on first reading. If passed, a public hearing will be held on October 18, 1994. p~ S-O ref:agmemo18 . . , ORDINANCE NO. 75-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT" , SUBSECTION 4.4.26(H), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT ALL PRINCIPAL AND CONDITIONAL USES SHALL BE CONDUCTED WITHIN AN ENCLOSED BUILDING, EXCEPT FOR OUTSIDE STORAGE I OTHERWISE APPROVED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. / WHEREAS, pursuant to LDR Section 1.1.6, the Planning and I Zoning Board reviewed the subject matter at its meeting of August 15, I I 1994, and has forwarded the change with a recommendation of approval I by a vote of 5 to 0; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the I Planning and Zoning Board, sitting as the Local Planning Agency, has I I determined that the change is consistent with, and furthers the I :1 objectives and policies of, the Comprehensive Plan. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I ! I Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District" , Section 4.4.19, "Mixed Industrial and I I ~ Commercial (MIC) District", Subsection 4.4.19(H), "Special ! Regulations II, of the Land Development Regulations of the City of , Delray Beach, Florida, be, and the same is hereby amended by adding I the following: I I :1 ill Except for outside storaqe ap'9roved I pursuant to Section 4.4.6CClC2l. all principal and 'I conditional uses shall be conducted within an enclosed building. il Section 2. That all ordinances or parts of ordinances in ;1 conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this 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 4. That this ordinance shall become effective " immediately upon passage on second and final reading. I I !I PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. I !I MAY 0 R ATTEST: I City Clerk I I First Reading , I Second Reading I , I I ,I , ! I , I :1 I , ) - 2 - Ord. No. 75-94 . , ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, ~\J-L'W\.'J) DIRECTOR OF PLANNING & ZONING . SUBJECT: MEETING OF SEPTEMBER 27, 1994 LDR AMENDMENT REQUIRING ALL USES IN THE MIC ZONING DISTRICT TO BE CONDUCTED WITHIN AN ENCLOSED STRUCTURE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to LOR Section 4.4.19, Mixed Industrial and Commercial (MIC) District, part (H), Special Regulations. B A C K G R 0 U N D: This amendment is the result of the consideration of numerous proposals to address the intensity of uses permitted in the MIC zoning district. Currently, all principal uses permitted in the district (i.e. manufacturing, fabrication, assembly) are required to be conducted indoors. However, several conditional uses which may be considered to be outdoor oriented (Le. lumberyards, resource recovery, stone cutting) are also permitted in the MIC zoning district. In the past, residents have objected to the siting of these uses at various MIC-zoned locations, particularly those along and around Congress Avenue between Lake Ida Road and Atlantic Avenue. Both the Planning and Zoning Board and the City Commission considered deleting the conditional uses from the district altogether, however, both boards ultimately rejected that idea. An alternative proposal involved the rezoning of several parcels along Congress Avenue from MIC to LI (Light Industrial), which also failed to gain support. As most of the impacts from the uses result from the fact that they are in some cases allowed to be conducted outdoors, the Planning and Zoning Board recommended that a provision be added to the MIC district regulations which would require that all uses be conducted within an enclosed building. The City Commission supported that approach, and this amendment is the result. , city Commission Documentation LDR Amendment Requiring all Uses in the MIC Zoning District to be Conducted within an Enclosed Structure Page 2 PROPOSED LDR AMENDMENT The proposed amendment adds the following provision, 4.4.19(H)(5), to the Special Regulations section of the MIC District: Except for outside storage approved pursuant to Section 4.4.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. Thus, the conditional uses that under current regulations may be permitted to operate outside, will have to be conducted indoors. Outside storage will continue to be permitted, pursuant to approval by SPRAB. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 15, 1994. The Board voted 5-0 to recommend approval of the amendment. R E COM MEN D E D ACT ION: By motion, approve the following amendment to LDR Section 4.4.19 (H) : Except for outside storage approved pursuant to Section 4.4.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. Attachment: * P&Z Staff Report & Documentation of August 15, 1994 oraCCM:I:CLDR..DOC . . - PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 15, 1994 AGENDA ITEM: V.G. LDR AMENDMENT REQUIRING USES TO BE CONDUCTED WITHIN A COMPLETELY ENCLOSED BUILDING WITHIN THE MIC DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on an amendment to Section 4.4.19 of the Land Development Regulations, MIC (Mixed Industrial and Commercial) District. BACKGROUND: This amendment was initiated by the Planning and Zoning Board during its consideration of the rezoning of several parcels along Congress Avenue north of Atlantic Avenue from MIC to LI (Light Industrial). The rezoning had been initiated by the City Commission in response to concerns expressed by area residents over the nature and intensity of uses allowed in the MIC zone, particularly along the Congress Avenue corridor. Those concerns primarily dealt with the conditional uses allowed in the MIC, which include resource recovery, stone cutting, lumberyards, and s imi lar uses. I twas felt that some of those uses may be too intense along Congress Avenue, especially if they' involve outside activity. The rezoning to LI was initiated because it does not permit those conditional uses, and all uses in that district must be conducted within an enclosed building. At its workshop meeting of May 9, 1994, the P & Z Board discussed alternatives to rezoning the subject properties to LI. The Board expressed support for the idea of adopting an amendment to the MIC district which would require that all principal and conditional uses be conducted within an enclosed building. Outside storage should continue to be permitted, provided that it is appropriately screened. The Board recommended that the restrictions apply to MIC property that is located along an arterial road, or wherever MIC is adjacent to residential zoning. At the regular meeting of the P & Z Board on May 16, 1994, the Board recommended denial of the rezoning to LI, and gave direction to initiate an amendment to the MIC regarding the conducting of uses within an enclosed building. On June 7, 1994, the City Commission agreed not to proceed with the rezoning to LI, and expressed support for the proposed amendment to the MIC district. The Commission felt, however, that the restrictions should apply to all MIC-zoned property, regardless of the location. V.G. , P & Z Board Staff Report -< . . LDR Amendment Re: Uses to be Enclosed in MIC District Page 2 ANALYSIS: The proposed ordinance is to be included in the Special Requlations section of the MIC district regulations, and reads as follows: (5 ) Except for outside storage approved pursuant_ to Section 4.4.6 (C)(2), all principal and conditional uses shall be conducted within an enclosed building. Thus, the same principal and conditional uses that are currently permitted in the district would continue to be allowed; however, except for outside storage, the uses would have to be enclosed. Pursuant to Section 4.4.6 (C) ( 2 ) , outside storage may not be located within any setback area, and must be screened in a manner approved by SPRAB. Staff has not identified any existing conforming uses that would become nonconforming as a result of the passage of this ordinance. A lumberyard (Causeway) was recently approved as a conditional use in the MIC zone; however, its principal operations are conducted indoors, with lumber stored in a screened outside area. It is important to note that if an outdoor use did exist, the use itself would not become nonconforming, only the outdoor aspect. RECOMMENDED ACTION: By motion, recommend approval of the following amendment to LDR Section 4.4.19, Mixed Industrial and Commercial (MIC) District, part (H), Special Regulations: (5) Except for outside storaqe approved pursuant to Section 4.4.6 (C}(2), all principal and conditional uses shall be conducted within an enclosed building. Report prepared by: Diane Dominguez TIPZMXCAMD.DOC , - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM i /~ F - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 76-94 DATE: SEPTEMBER 22, 1994 This is first reading for Ordinance No. 76-94 which amends the three applicable sections of the Land Development Regulations to allow the City Manager to grant administrative relief for temporary satellite dishes and outdoor retail display areas when associated with special events. Please refer to the staff documentation for an analysis of the proposed amendment. The Planning and Zoning Board formally reviewed this amendment on August 15, 1994, and voted 5 to 0 to recommend that it be adopted. Recommend approval of Ordinance No. 76-94 on first reading. If passed, a public hearing will be held on October 18, 1994. p~ 5-0 ref:agmemo19 , . . . * ~ ORDINANCE NO. 76-94 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.7(0), ! "ADMINISTRATIVE RELIEF", SECTION 4.3.3(P), "SATELLITE I DISH - SATELLITE TELEVISION ANTENNA II , AND SECTION I 4.6.6(C), "RESTRICTIONS ON OUTSIDE USAGE" , OF THE i LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY i BEACH, FLORIDA, TO PROVIDE THAT THE CITY MANAGER MAY GRANT ADMINISTRATIVE RELIEF FOR TEMPORARY SATELLITE DISHES AND RETAIL DISPLAY AREAS WHEN ASSOCIATED WITH I I SPECIAL EVENTS; PROVIDING A GENERAL REPEALER CLAUSE, I I A SAVING CLAUSE, AND AN EFFECTIVE DATE. I WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of August 15, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to 0; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions" , Article 2.4, "General Procedures", Section 2 . 4 . 7 , "Procedures for Obtaining Relief from Compliance with Portions of the Land Development Regulations", Subsection 2.4.7(0), "Administrative Relief", subparagraph 2.4.7(0)(1), "Rule", of the Land Development Regulations of the City of Oelray Beach, Florida, be, and the same is hereby amended to read as follows: (1) Rule: Administrative relief can be granted only for instances in which it is specifically allowed. The Director~ City Manaqer when specifically desiqnated under applicable LOR sections. t_ An the only administrative official... who t. i an 1 empowered to grant administrative relief. , Section 2. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4 . 3 . 3 , "Special Requirements for Specific Usesll, Subsection 4.3.3(P), I "Satellite Dish - Satellite Television Antenna" , of the Land I Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following: . . III The city Manaqer shall have authority to qrant administrative relief from LOR Section 4.3.3(P) to allow temporary. portable satellite dishes provided that: I .Lal The satellite facilities are part of an I approved special event. I .ilU The administrative relief shall not exceed ten (to) calendar days in duration. ! Section 3. That Chapter Four, "Zoning Regulations", Article I 4.6, "Supplemental District Regulations", Section 4.6.6, "Commercial I and Industrial Uses to Operate Within a Building" , Subsection 4.6.6(C), "Restrictions on Outside Usage" , of the Land Development I Regulations of the City of Delray Beach, Florida, be, and the same is I hereby amended by adding the following: j I .lll The City Manaqer shall have authority to qrant I 11 administrative relief from LOR Section 4.6.6(C)(3) provided that: I I I i .La.l. The outside display areas are part of an approved special event. .ilU The administrative relief shall not exceed , ten (10) calendar days in duration. i ! Section 4 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be 'I declared by a court of competent jurisdiction to be invalid, such ii decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 76-94 . - ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: r\I~ T. ~EN' CITY"MANAGER ~ " ~'" '-k ( '. I . ')' 1'- v THRU: D ANE ~riO~iN uiz,v DI~C~.oR DEPARTME~OF PLANNING/AND ZONING ~ -~ - / FROM: PAUL DORLING, ~CIPAL PLANNER SUBJECT: MEETING OF SEPTEMBER 27, 1994 LDR TEXT AMENDMENT ALLOWING THE CITY MANAGER TO GRANT RELIEF TO REGULATIONS FOR TEMPORARY SATELLITE AND OUTDOOR DISPLAY AREAS AT SPECIAL EVENTS. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance amending LDR Sections 4.6.6(C), 4.3.3 (P) and 2.4.7 (D)(l) which will allow the granting of administrative relief by the City Manager for temporary satellite dishes and retai 1 display areas when associated with special events. BACKGROUND: These LDR amendments were initiated by the Planning and Zoning Board at its meeting of July 18, 1994, in response to a request from the City Manager. The amendments would allow for the granting of temporary relief to allow the installation of temporary satellite facilities and retail display area associated with special events. Currently, for events such as the Virginia Slims Tennis Tournament, the granting of waivers by City Commission is required for the temporary installation of TV satellite communications and outdoor display areas. This requires advertising costs as well as staff time to provide relief on an annual basis. Existing ordinances allow the City Manager to grant temporary exemptions from the signage regulations of the LDRs [Section 4.6.7 (B)(6) ] and noise restrictions of the Code of Ordinances [Section 99.30 (F) ] for special events. There are limitations on the length of time and frequency that the relief actions can be granted under these two sections. It would appear appropriate to have similar limitations if relief is to be allowed for satellite dishes and retail display areas. , . PROPOSED AMENDMENTS: The proposed amendments affect the following LDR sections: Sections 4.6.6 (C)(4) (Outdoor Retail Displays), Section 4.3.3. (P) (Satellite Dishes), and Section 2.4.7.(D)(1) (Administrative Relief) . Under LDR Section 4.3.3. (P) (Satellite Dishes) relief is requested to allow temporary portable satellites (currently not permitted under Section 4.3.3. (P) ( 1) , relief from required screening requirements associated with permanent facilities [Section 4.3.3. (P) ( 1) (b) and Section 4.3.3 (P) ( 4) ] and relief from Conditional Use approval process [Section 4.3.3. (P) (4) (c)]). Under LDR Section 4.6.6 (C) (3) (Outdoor Display Area) relief would include temporary exemption from 10cationa1 criteria (adjacent the building associated with the main use) required under Section 4.6.6. (C) (3) (a) and maximum square footage requirements (10% of main business) of Section 4.6.6 (C) (3) (b) . LDR Section 2.4.7 (D) (1) (Administrative Relief) is also to be amended to add the City Manager as an official who could grant administrative relief to the above LDR sections that are specifically referenced. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed the LDR text amendments at a public hearing on August 15, 1994. No one from the public spoke on the item. The Board recommended approval of the amendments on a unanimous 5-0 vote. RECOMMENDED ACTION: Approve on first reading an Ordinance changing the following LDR Sections: Section 4.6.6 (C) Restriction on Outside Usage: ill The City Manaqer shall have authority to qrant administrative relief from LDR Section 4.6.6 (C) (3) provided that: 1& The outside display areas are part of an approved special event. ill The administrative relief shall not exceed ten (10) calendar days in duration. . . , . Section 4.3.3.(P) Satellite Dishes: ill The City Manaqer shall have authority to qrant administrative relief from LDR Section 4.3.3. (P) to allow temporary portable satellite dishes provided that: ffi The satellite facilities are part of an approved special event. ill The administrative relief shall not exceed ten (10) calendar days in duration. Section 2.4.7 (D)(!) Administrative Relief: (1) Rule: Administrative relief can be granted only in instances in which it is specifically allowed. The Director, or City Manager when specifically designated under applicable LDR sections, l~ are the only administrative officials who l~ are empowered to grant administrative relief. y:satelite . - ~ M E M 0 RAN 0 U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttJv1 SUBJECT: AGENDA ITEM i I;' G - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 77-94 DATE: SEPTEMBER 22, 1994 This is first reading for Ordinance No. 77-94 which amends various sections of the Land Development Regulations by adding height and size limitations for accessory structures in residential zoning districts. It also deletes "guest cottages" as a permitted use in multiple family zoning districts. Please refer to the staff documentation for an analysis of the proposed amendment. The Planning and Zoning Board considered this amendment on several occasions. On June 20, 1994, the Board voted 5 to 1 (Golder dissenting) to recommend that the amendment be approved. Recommend approval of Ordinance No. 77-94 on first reading. If passed, a public hearing will be held on October 18, 1994. 6-0 ref:agmem020 , . . '! ORDINANCE NO. 77-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF il THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R- 1 ) " DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL I (RL) DISTRICT" , SECTION 4.4.6, "MEDIUM DENSITY I RESIDENTIAL (RM) DISTRICT" , AND SECTION 4.4.7, 1 ! "PLANNED RESIDENTIAL DEVELOPMENT (PRO) DISTRICT" , BY ENACTING HEIGHT AND SIZE LIMITATIONS FOR ACCESSORY STRUCTURES; AMENDING SECTION 4.4.5, "LOW DENSITY ! RESIDENTIAL (RL) DISTRICT" , AND SECTION 4.4.6, I "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" , BY ! DELETING GUEST COTTAGES AS PERMITTED ACCESSORY USES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 'I WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of June 20, II 1994, and has forwarded-the change with a recommendation of approval i by a vote of 5 to 1; and 1 , WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the i il Planning and Zoning Board, sitting as the Local Planning Agency, has Ii determined that the change is consistent with, and furthers the II objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4 . 4 , "Base Zoning District", Section 4.4.3, "Single Family Residential i (R-1 ) Districts, of the Land Development Regulations of the City of i Delray Beach, Florida, be, and the same is hereby amended by adding subsection 4.4.3(H), "Special RegulationsN, to read as follows: il 1lll Special Requlations: I' ill The heiqht of accessory structures shall not I exceed the heiqht of the associated principal structure. Screen i , enclosures without a solid roof are excluded from this limit. I 1.ll The floor area of an accessory structure shall not , exceed forty percent (40') of the floor area of the principal ! structure. . .. I I Section 2. That Chapter Four, "Zoning Regulations", Article I 4 . 4 , "Base Zoning District" , Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.5(C), "Accessory Uses and Structures permi tted" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Accessory Uses and Structures peraitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, iJA__t /~s6tt.i__1 /playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children) ( 3 ) Home Occupations (4 ) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private I golf courses. I i I (5 ) The rental or lease of a boat dock when the dock I is assigned to, or on the same lot as, each residential use on a I I one-to-one basis. I I III Guest cottaqes. only when accessory to a sinqle I family detached structure. I I Section 3. That Chapter Four, "Zoning Regulations", Article I 4 . 4 , "Base Zoning District", Section 4.4.5, "Low Dens i ty Residential (RL) Oistrictll, Subsection 4.4.5(H), "Special Regulations", of the i Land Development Regulations of the City of Oelray Beach, Florida, be, I , i and the sa.. is hereby amended by adding the following: I I l..ll The heiqht of accessory structures shall not exceed the heiqht of the associated principal structure. Screen I enclosures without a solid roof are excluded from this limit. I .lll The floor area of an accessory structure shall not exceed forty percent (40') of the floor area of the principal structure. - 2 - Ord. No. 77-94 , I . - Section 4. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District" , Subsection 4.4.6(C), "Accessory Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Peril! ttecl: The following uses are allowed when a part of, or accessory to, the principal use: ( 1 ) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, S14,jt /~~tt.S,jl /playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2 ) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children) ( 3 ) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (4 ) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a 1 one-to-one basis. I I I ]1 l.ll Guest cottages. only when accessory to a single I, family detached structure. ,I Section 5. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density I Residential (RM) District II , Subsection 4.4.6(H), "Special 1 Regulations., of the Land Development Regulations of the City of I Delray Beach, Florida, be, and the same is hereby amended by adding I the following: I .Lll The heiqht of accessory structures shall not I I exceed the heiqht of the associated principal structure. Screen I enclosures without a solid roof are excluded from this limit. l..ll The floor area of an accessory structure shall not exceed forty percent (40%) of the floor area of the principal structure. - 3 - Ord. No. 77-94 I . I Section 6. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.7, "Planned Residential Development (PRO) District" , Subsection 4.4.7(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following: ill The heiqht of accessory structures shall not exceed the heiCJht of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. I .lll The floor area of an accessory structure shall not exceed forty percent (40%) of the floor area of the ~rincipal I structure. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective immediately upon passage on second and final reading. i PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1994. 1 MAY 0 R 1 ATTEST: I City Clerk First Reading Second Reading - 4 - Ord. No. 77-94 I . . - ~ tn-1 , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID ITY MANA~ .r FROM: DIANE DOMINGUEZ, DIRECTOR OF PLANNING & ONI G ~~ SUBJECT: MEETING OF SEPTEMBER 27, 1994 LOR AMENDMENT PROVIDING LIMITATIONS ON THE SIZE OF ACCESSORY STRUCTURES IN RESIDENTIAL ZONING DISTRICTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to various sections of the LDRs, adding height and size limitations for accessory structures in residential zoning districts; and deleting "guest cottage" as a permitted use in multi-family zoning districts. The specific LDR sections that are to be amended are as follows: 4.4.3(H) Sinqle Family Residential (R-l) District, 4.4.5(C) and (H) Low Density Residential (RL) District, 4.4.6(C) and (H) Medium Density Residential (RM) District, and 4.4.7(H) Planned Residential Development (PRD) District. B A C K G R 0 U N D: This amendment was initiated in response to concerns that were raised following the construction of a 35' tall tower structure as accessory to a 15' high single family home in the Lake Ida neighborhood. Current LDR requirements provide no limitations on the size and height of accessory structures. It was felt that it would be appropriate to adopt some regulations on the size of accessory structures located in residential neighborhoods. The second aspect of the amendment, regarding guest cottages in multi-family zone districts, was identified by staff as an item that had caused so~e problems in the past. Changes to those regulations were included in this amendment as well. Additional background information is included in the attached Planning and Zoning Board staff report. : . City Commission Documentation LDR Amendment Providing Limitations on the Size of Accessory Structures in Residential Zoning Districts Page 2 PROPOSED LDR AMENDMENT The proposed language would limit the height of accessory structures in the R-1, RL, RM, and PRD zoning districts to the height of the principal building, and would limit the structures' square footage to no more than 40% of the floor area of the main building. These limitations will provide some relationship between the sizes of the principal and accessory structures, and will help to ensure that the scale of accessory structures is appropriate. Regarding guest cottages, the amendment is intended to prevent the construction of guest cottages as an accessory use to multi-family structures, which could easily lead to their use as additional rental units. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board first reviewed this item at its meeting of May 16, 1994. During the discussion at the May meeting, several Board members expressed concerns over the proposed size limitations. They felt that the tower was an isolated situation, and that amending the code was an over-reaction. During the public hearing, the president of the Lake Ida Homeowners Association spoke in favor of having some means of regulating these types of structures. The Board voted to continue the item in order to allow for consideration of alternative ideas. The proposed amendment was discussed further at the Planning and Zoning Board workshop meeting of June 13, 1994, with no consensus on revised language. At the meeting of June 20, 1994, the Board voted 5-1 (Golder dissenting) to recommend that the amendment be approved as written. R E COM MEN D E D ACT ION: By motion, approve the ordinance adopting amendments to Sections 4.4.3(H)i 4.4.5(C) and (H) ; 4.4.6(C) and (H) ; and 4.4.7(H), as provided in the attached Planning and Zoning Board Memorandum Staff Report of May 16, 1994. Attachment: * P&Z Staff Report & Documentation of May 16, 1994 T'CCACCSTR.DOC ---- . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 16, 1994 AGENDA ITEM: IILD. LOR AMENDMENT TO SECTIONS 4.4.3(H), 4.4.5(H), 4.4.5(C), 4.4.6(C), 4.4.6(H), 4.4.7(C), and 4.4.7(H) MODIFYING REQUIREMENTS FOR ACCESSORY STRUCTURES. ITEM BEFORE THE BOARD: The action requested of the Board is making a recommendation on proposed text amendments to the following Sections of the LDRs: 4.4.3(H), 4.4.5(C) and (H) , 4.4.6(C) and (H) , and 4.4.7(C) and (H) , adding height and size limits for accessory structures in residential zoning districts and deleting guest cottages as permitted accessory uses in multiple family zoning districts. BACKGROUND: Per current LDR requirements, accessory structures in residential zoning districts can be built to a maximum of 35 feet in height, with no size limit. Pursuant to these requirements a resident applied for and received building permits for the construction of a 35' tall, 356 square foot tower as an accessory structure for an approximately 15' tall, 2,660 square foot house. The tower is approaching completion. The structure is to contain a pool house and workshop, both of which are permitted accessory uses in single family districts. The construction of the tower raised concerns regarding the compatibility of this or similar structures with adjacent properties. Residents of the Lake Ida neighborhood have asked the City to consider possible restrictions to the size and height of accessory structures to ensure compatibility. In response to those concerns, the City Commission and City Manager have directed planning staff and the Board to review the possibility of LDR restrictions for accessory structures. In response to that direction, planning staff surveyed nearby communities about their methods for regulating accessory structures. Based on a review of various methods used by other municipalities, there are several types of regulation which can be used to address accessory structures: 1. Status quo - Adopt no regulations specifically addressing accessory structures. Accessory structures are only required to meet the same district requirements as principal structures. 2. Make existing regulations stricter - Do not adopt specific regulations for accessory structures, but reduce the height limit and/or increase setbacks. . P & Z Memorandum Staff Report LDR Text Amendment - Accessory Structures Page 2 3. Accessory structure Regulations - Adopt specific limits restricting the height and/or size of accessory structures, e.g. a 15' height limit, a maximum floor area of 700 square feet, or similar restrictions. 4. Tie Accessory Structures to principal Structures - Adopt regulations restricting accessory structures to the height and/or a percentage of the floor area of the associated principal structure. PROPOSED TEXT AMENDMENT: As the intent of the proposed text amendment is to insure the compatibility of accessory structures with the surrounding area, the most appropriate method of regulation is to restrict accessory structures by relating them to the principal structure. The proposed regulation would limit the height of accessory structures to the height of the existing structure. Additionally, accessory structures would be limited to a maximum of 40% of the floor area of the main structure. Screen enclosures may be excluded from this regulation, as they will often exceed the height of the main structure without visually impacting adjacent properties. These regulations would help to ensure that accessory structures will be in scale with the principal structure, and that the compatibility of accessory structures with the neighborhood will be maintained. During the review of these text amendments, staff discovered a related code provision for which a text amendment would be appropriate. This provision deals with guest cottages. A guest cottage is most appropriate as an accessory structure to a single family residence. However, guest cottages are also permitted accessory structures in multi-family districts. In the past, this requirement has permitted the addition of guest cottages to multi-family structures which are not accessory to any one particular unit. These cottages can in effect be used as additional rental units. For that reason guest cottages should be deleted from the multiple family zoning districts, except where accessory to a single family residence. RECOMMENDED ACTION: Recommend approval of a text amendments to the following LDR Sections as follows: Section 4.4.3 Single Family Residential (R-l) Districts: (H) Special Regulations: . . . " P & Z Memorandum Staff Report LDR Text Amendment - Accessory Structures Page 3 ( 1 ) The heiqht of accessory structures shall not exceed the heiqht of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. ( 2) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. ******************* 4.4.5 Low Density Residential (RL) District: (e) Accessory Uses and Structures Permitted: ( 1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, ftfe~t t0ttafe~/playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (6) Guest cottages, only when accessory to a single family detached structure. (H) Special Regulations: (3) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. ( 4) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. ******************* 4.4.6 Medium Density Residential (RN) District: (C) Accessory Uses and Structures Permitted: ( 1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, ~tfe~t t0tta~e~/playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. ( 5) Guest cottages, only when accessory to a single family detached structure. (H) Special Regulations: ( 4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. . . P & Z Memorandum Staff Report LDR Text Amendment - Accessory Structures Page 4 (S) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. ......*............ 4.4.7 Planned Residential Development (PRO) District: (H) Special Regulations: (3) The heiqht of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. ( 4) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. Prepared by: Jeff Perkins, Assistant Planner Reviewed by DD on: I .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS I, FROM: CITY MANAGER [J/t'( SUBJECT: AGENDA ITEM i I~ 1/ - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 78-94 DATE: SEPTEMBER 22, 1994 This is first reading for Ordinance No. 78-94 which amends Section 4.1.4, "Use of Lots of Record", of the Land Development Regulations to require that when adjacent substandard lots are in common ownership, and the combining of the lots would result in a parcel which meets minimum standards regarding area and frontage, the lots must be developed in accordance with those standards. OWnership is determined from the Property Appraiser's tax rolls as of the date of passage of this ordinance. Please refer to the staff documentation for an analysis of the proposed amendment. The Planning and Zoning Board formally reviewed this amendment on May 16, 1994, and voted 6 to 1 (Currie dissenting) to recommend that it be adopted. Recommend approval of Ordinance No. 78-94 on first reading. If passed, a public hearing will be held on October 18, 1994. p~ 5-0 ref:agmem021 . - . . - il ORDINANCE NO. 78-94 I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i OELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE I I OF LOTS OF RECORD II , OF THE LAND DEVELOPMENT I REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO I PROVIDE THAT WHEN ADJACENT SUBSTANDARD LOTS ARE IN COMMON OWNERSHIP AND, WHEN COMBINED, MEET MINIMUM STANDARDS FOR AREA AND FRONTAGE, THE LOTS MUST BE I DEVELOPED IN ACCORDANCE WITH THOSE STANDARDS IN RESIDENTIAL ZONING DISTRICTS OTHER THAN R-1-A (SINGLE FAMILY) DISTRICT; PROVIDING A GENERAL REPEALER 1 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. i WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of May 16, 1994, and has forwarded the change with a recommendation of approval by a vote of 6 to 1; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the ch-ange is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4. 1, "Establishment of Districts and Official Zoning Map" , Section 4.1.4, "Use of Lots of Record", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of record i 1 which qualifies as a lot of record as set forth in these Regulations, but which doe. not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements t~t 2f that zoning district, ~tt~/t~;/t~XX~~t.i/;~~;;tt~._1 subject to the following limitations: (A) Duplex and multiple family structures may not be constructed on a lot which has an area ~t less than that provided for as the minimum lot area within the zoning district. ~ . I , 1 (B) A residential structure shall not be constructed on any lot, within a residential zoning district., which has - frontage of less than fifty feet ( 50 I ) . However, neither this provision, nor any other provision of these regulations, shall prevent construction of a residential structure on a Single Family Lot (or Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a - single family re s idenc e and similar uses by means of a nonpublic (private) access easement. I ~ In residential zoning districts other than R-1-A. if I two (2) or more adjoininq lots (or combination of lots and portions of lots) of record are under the same ownership at the time of passage or amendment of this ordinance. and if the total frontaqe and the total area is equal to or qreater than that which is req~ired by the zoninq district requlations. said property shall not be developed except in accordance with the minimum frontaqe and lot area requirements of the district. OWnership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of this ordinance. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such I decision shall not affect the validity of the remainder hereof as a I whole or part thereof other than the part declared to be invalid. I i Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 78-94 --- 01( 8M C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID , FROM: DIANE DOMINGUEZ, J~ DIRECTOR OF PLANNING & ZONING SUBJECT: MEETING OF SEPTEMBER 27, 1994 AMENDMENT TO LDR SECTION 4.1.4 REGARDING THE USE OF NONCONFORMING LOTS OF RECORD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to LDR Section 4.1.4, Uses of Lots of Record. B A C K G R 0 U N D: This amendment was initiated at the request of residents of the Lake Ida area, in response to the construction of homes in that neighborhood on lots which do not meet current minimum standards. Under existing ordinances, a single family home can be constructed on a substandard lot, provided that the parcel is a lot of record, and has at least SO feet of frontage. Even if the same person owns adjacent substandard lots, and could meet the minimum standards by developing the parcels as one, there is no requirement that the lots be combined. This resulted in the approval of three homes adjacent to each other on substandard lots. PROPOSED LDR AMENDMENT The proposed ordinance would require that when adjacent substandard lots are in common ownership, and the combining of the lots would result in a parcel which meets minimum standards regarding area and frontage, the lots must be developed in accordance with those standards. Ownership is determined as of the date of the passage of this ordinance. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of May 16, 1994. The Board voted 6-1 (Currie dissenting) to recommend that the ordinance be adopted. Pursuant to the Board's discussion on the item, the language in the amendment was modified slightly to clarify that it is to apply specifically to residential zoning districts. , city Commission Documentation Amendment to LDR Section 4.1.4 Regarding the Use of Nonconforming Lots of Record Page 2 R E COM MEN D E D ACT ION: By motion, approve the proposed amendment to LOR Section 4.1.4, Uses of Lots of Record. Attachment: * Proposed amendment * P&Z Staff Report & Documentation of May 16, 1994 T:CCLOTREC.OOC Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of record which qualifies as a lot of record as set forth in these regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements t()t of that zoning district, witH tHe t()ll()wlri~ etterStl()ri~' subject to the followinq limitations: (A) Duplex and multiple family structures may not be constructed on a lot which has an area ()t less than that provided for as the minimum lot area within the zoning district. (B) A residential structure shall not be constructed on any lot, within a residential zoning district~, which has a frontage of less than fifty feet (SO'). However, neither this provision, nor any other provision of these regulations, shall prevent construction of a residential structure on a Single Family Lot (or Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a single family residence and similar uses by means of a nonpublic (private) access easement. ( C) In residential zoninq districts other than R-1-A, if two ( 2 ) or more ad10ininq lots (or combination of lots and portions of lots) of record are under the same ownership at the time of passaqe or amendment of this ordinance, and if the total frontaqe and the total area is equal to or qreater than that which is required by the zoninq district regulations, said property shall not be developed except in accordance with the mininum frontaqe and lot area requirements of the district. OWnership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of this ordinance. TINCLOTS.DOC , . . ",..."- . 1\ PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 16, 1994 AGENDA ITEM: V.D. LDR AMENDMENT TO SECTION 4.1.4, USES OF LOTS OF RECORD ITEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission approval of an amendment to the LDRs concerning the use of nonconforming lots of record. BACKGROUND: This LDR amendment was initiated by the Board at its meeting of March 16, 1994, in response to concerns raised by residents of the Lake Ida neighborhood. Building permits were issued for the construction of three homes on platted lots which do not meet current minimum standards for frontage and lot area. As a result, the homes are not consistent with the general character of the neighborhood. LDR Section 4.1.4, Use of Lots of Record, allows for the use.of lots of record which do not meet current minimums, subject to certain criteria. A home may be constructed on a substandard platted lot, prOVided that it has at least SO feet of frontage. There is no requirement that adjacent lots that are in common ownership be combined in order to meet the minimum standards. The lots in the Lake Ida neighborhood are owned by the same person. If the City had regulations which required that the lots be developed in a manner which complies with current codes, only one house could have been built on the combined properties. Alternatively, the owner could have applied for a replat of the property to create two lots, one of which would not meet minimum frontage requirements for a corner lot (creation of the nonconforming lot would have required special permission by the City Commission). Instead, three homes are being constructed. Regulations which require the combining of commonly owned substandard lots are not uncommon. The cities of Boynton Beach, Stuart, and Highland Beach have such provisions in their codes. Staff reviewed those ordinances prior to drafting one -which would fit within our existing regulations. ANALYSIS: The proposed amendment (copy attached) would continue to allow for the use of substandard lots of record as currently permitted, provided, that the lots are in single ownership. r.D. - Planning and Zoning Board Staff Report LOR Amendment Re: Nonconforming Lots of Record I , . Page 2 However, when substandard adjacent lots are under common ownership, and the combining of the lots results in a parcel which meets minimum frontage and minimum area requirements, then those lots must be developed in accordance with those minimums. Ownership would be that which is on record at the date that the ordinance is passed. The R-I-A zoning district has been specifically excluded from this ordinance. The 60' minimum frontage required in the R-I-A district is not significantly greater than the SO' minimum required for development on substandard platted lots. Also, if the restriction were to apply to R-1-A zoning, infill housing opportunities would be reduced. RECOMMENDED ACTION: - By motion, recommend to the City Commission approval of the attached amendment to LDR Section 4.1.4, Use of Lots of Record. Attachments: * Proposed ordinance Report prepared by Diane Dominguez TIPZNCLOT.DOC , . , . M E M 0 RAN 0 U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfiiv1 SUBJECT: AGENDA ITEM # J~ ;; - MEETING OF SEPTEMBER 27. 1994 FIRST READING FOR ORDINANCE NO. 79-94 DATE: SEPTEMBER 22, 1994 This is first reading for Ordinance No. 79-94 which amends the Land Development Regulations to allow Educational Facilities as a conditional use, and Home Tutorial Services as an accessory use in the R-1 (Single Family Residential) Districts, RL (Low Density Residential) District, and RM (Medium Density Residential) District. It also enacts specific regulations for these uses in the residential zoning districts. The proposed amendment was requested by the City's Education Board in order to accommodate certain types of educational facilities that are currently not permitted in the residential zones. Please refer to the staff documentation for an analysis of the amendment. The Planning and Zoning Board formally reviewed this amendment on September 19, 1994, and voted unanimously (7 - 0) to recommend that it be adopted. Recommend approval of Ordinance No. 79-94 on first reading. If passed, a public hearing will be held on October 18, 1994. 5-0 ref:agmem025 . . . . . ORDINANCE NO. 79-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING I REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF I I THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING I I SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1 ) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT" , AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" , TO PROVIDE FOR EDUCATIONAL FACILITIES AS A CONDITIONAL USE AND HOME I TUTORIAL SERVICES AS AN ACCESSORY USE WITHIN THE DISTRICTS; AMENDING SECTION 4 . 3 . 3 , "SPECIAL REQUIREMENTS FOR SPECIFIC USES" , BY ENACTING SUBSECTION (HH) TO PROVIDE SPECIAL REQUIREMENTS FOR EDUCATIONAL FACILITIES, AND SUBSECTION (RR) TO PROVIDE SPECIAL REQUIREMENTS FOR HOME TUTORIAL SERVICES; PROVIDING A GENERAL REPEALER CLAUSE, A I SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of September I 19, 1994, and has forwarded the change with a recommendation of approval by unanimous vote; and I , WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has i determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 1 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: j I Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.3, "Single Family Residential ! (R-1) Districtsll, Subsection 4.4.3(C), "Accessory Uses and Structures 1 I Permittedll, and Subsection 4.4.3(D), "Conditional Uses and Structures Allowed It , of the Land Development Regulations of the City of Oelray I Beach, Florida, be, and the same are hereby amended to read as follows: I ! ee) Accessory Uses and Structures Peraitted: The following I I uses are allowed when a part of, or accessory to, the principal use: i ! (1) Uses and structures normally associated with I residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. i I . . i i (2 ) Home occupations but only within the R-1-A, I R-1-AA, and R-1-AAB Districts. I ( 3 ) Family Day Care pursuant to restrictions set forth I I, in Section 4.3.3(T) (Child care, up to five children) I .lll Home Tutorial Services. subject to the I I I restrictions set forth in Section 4.3.3(KKl ( ~~) Recreational facilities attendant to a subdivision I which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf ! courses. ('~) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. CD) Conditional Uses and structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. ( 1 ) Child Care and Adult Day Care I (2 ) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and I columbarium facilities. The foregoing does not allow establishment of I educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional i use application for child care or rezoning to C.F., as appropriate. , I ill Educational Facilities. subiect to the restrictions set forth in Section 4.3.3(HH) (~~) The use of common recreational facilities such as I swimming pools and tennis courts, associated with a subdivision, for I club or comaercial purposes. I ! : (_~) Single Family Detached Residences in zero lot developments but only in the R-l-A and R-l-AA Districts. ('~) Level I Group Homes. I 1 1 - 2 - Ord. No. 79-94 , 1 I I . --"1 I il Section 2. That Chapter Four, "Zoning Regulations", Article 11 4.4, "Base Zoning District", Section 4.4.5, "Low Oensity Residential (RL) District" , Subsection 4.4.5(C), IIAccessory Uses and Structures II Permi tted" , and Subsection 4.4.5(0), "Conditional Uses and Structures I Allowed" , of the Land Development Regulations of the City of Delray I I Beach, Florida, be, and the same are hereby amended to read as I follows: I (C) Accessory Uses and Structures Peraitted: The following ! i uses are allowed when a part of, or accessory to, the principal use: I ( 1 ) Uses and structures normally associated with ! residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses i I and covers, pump houses, slat houses, storage sheds, tennis court s , workshops, and home occupations. I (2 ) Family Day Care pursuant to restrictions set forth I in Section 4.3.3(T) (Child care, up to five children) .Lll Home Tutorial Services. subject to the restrictions set forth in Section 4.3.3(KKl ($.!) Home Occupations ( ~~) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. OJ,2) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RL District. (1) Child Care and Adult Day Care (2 ) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and i columbarium facilities. The foregoing does not allow establishment of I 1 I educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F., as appropriate. , - 3 - Ord. No. 79-94 . -.-. - , I ill Educational Facilities. subject to the restrictions set forth in Section 4.3.3(HH) (~JJ The use of common recreational facilities such as 11 swimming pools, tennis courts, and golf courses (associated with a i/ subdivision) for club or commercial purposes. r: i ( ~~) Single Family Detached Residences in zero lot i developments. i I ('~) Group Homes, Level II I , Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District" , Section 4.4.6, "Medium Density Residential (RM) District II , Subsection 4.4.6(C), "Accessory Uses and I Structures Permitted", and Subsection 4.4.6(0), "Conditional Uses and I Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby amended to read as follows: I (C) Accessory Uses and Structures Peraitted: The following I uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with I residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2 ) Family Day Care pursuant to restrictions set forth I in Section 4.3.3(T) (Child care, up to five children) I ill Home Tutorial Services. subject to the restrictions set forth in Section 4.3.3(KKl I I (~JJ Recreational facilities attendant to a subdivision I which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. i ( ~~) The rental lease of a boat dock when the dock I or is assigned to, or on the same lot as, each residential use on a one-to-one basis. I - 4 - Ord. No. 79-94 I . . I (D) Conditional Uses and Structures Allowed: The following I I uses are allowed as conditional uses within the RM District. (1) Adult Congregate Living Facilities and Continuing Care Facilities (2 ) Alcohol and Drug Abuse Treatment Facilities (3 ) Child Care and Adult Day Care I Educational Facilities. Bubiect i .lll to the I restrictions set forth in Section 4.3.3(HH) I I I (~~) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. ('~) Convalescent Homes, Homes for the Aged, Nursing Homes, and Rest Homes (~2) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. 1 I C7.a) Single Family Detached Residences in zero lot I developments 1 I i ('~) Group Homes, Level III i ..wu. 19 Y Yacht Club with facilities I 1 I (11'1) Dock master facilities when associated with a 1 mUlti-family development which has a marina I I Section 4. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4 . 3 . 3 , "Special Requirements for Specific Uses", of the Land Development I Regulations of the City of Oelray Beach, Florida, be, and the same is hereby amended by enacting a new Subsection 4.3.3(HH), "Educational Facilities", to read as follows: ! I - 5 - Ord. No. 79-94 ! I 1 . II , section. iHHl Educational F~~ilities: :~r i~: ~~r~~~~ of this educational facilities shall be of a limited nature serving I children ages 2-18. Exa~ples of such programs may include those which I meet special education needs. or programs that are directed toward providinq intensive instruction to a limited number of students: but does not include vocational or training schools which may be located in various commercial or Community Facilities districts. 1 ill Lot Area: The minimum lot shall be 7.500 I area square feet. I .Lll Floor Area: Facilities shall contain a minimum floor area of 35 square feet per child. exclusive of space devoted to bathrooms. halls. kitchen. offices. and storaqe. .Lll. Loadinq Area: A pickup and drop-off area for children shall be provided in a convenient area adjacent to the buildinq and shall provide clear inqress and eqress to the building. .lll Outdoor Area: There shall be a minimum area of 75 square feet of outdoor play area per student. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback. The play area shall be surrounded by a six foot fence. .Lll Other Re9Ulations: All Educational Facilities shall comply with the American Disability Act (ADA). Standard Building Code. Fire Codes. and any other regulations as may be required. Section 5. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4 . 3 . 3 , "Special Requirements for Specific Uses", of the Land Development \ Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Subsection 4.3.3(KK), IIHome Tutorial I Servicesll, to read as follows: 1IIl Hoae Tutorial Services: ill Shall only be as an accessory use in a private residence. , .Lll Is limited to no more than five (5 ) students at 1 anyone time. I - 6 - Ord. No. 79-94 . l ----- ill Traffic qenerated by such Home Tutorial Services I shall not exceed traffic volumes than would normally be expected in a I residential neiqhborhood. Any need for parkinq qenerated by the I I operation of such Home Tutorial Service shall be met off the street 1 i and other than in the required front setback. j i .lll Home Tutorial Services shall not occupy more than I I twenty percent (20\) of the first floor area of the residence. II excluding the area of any open '9orch. attached garage. or similar space which is not suited or intended for occupancy as living I quarters. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1994. ! MAY 0 R ATTEST: City Clerk First Reading Second Reading - 7 - Ord. No. 79-94 . ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING & ZONING FROM: ~,~ER SUBJECT: MEETING OF SEPTEMBER 27, 1994 LDR AMENDMENT TO ALLOW EDUCATIONAL FACILITIES AS A CONDITIONAL USE, AND HOME TUTORIAL SERVICES AS AN ACCESSORY USE, IN THE R-l, RL, AND RM RESIDENTIAL ZONING DISTRICTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an Ordinance amending the LDRs to allow Educational Facilities as a conditional use, and Home Tutorial Services as an accessory use in the R-1 (Single Family Residential), RL (Low Density Residential), and RM (Medium Density Residential) zone districts, and also add related provisions to Section 4.3.3 Special Requirements for Specific Uses. B A C K G R 0 U N D: This amendment was requested by the City's Education Board in order to accommodate certain types of educational facilities that are currently not permitted in residential zoning districts. At the Educational Board's request, the Planning and zoning Board initiated the amendment. PROPOSED LDR AMENDMENT This amendment will allow home tutoring of up to five ( 5 ) students at a time as an accessory use in residential zoning districts. It would also permit limited types of educational facili ties as a conditional use in those same districts. Both types of programs would be subject to certain restrictions that are intended to limit their potential impact on a neighborhood. The full amendment, along with additional background and analysis, is described in the attached Planning and Zoning Staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of September 19, 1994. The Board unanimously approved the amendment to allow Educational Facilities as a conditional use, and Home Tutorial Services as an accessory use in the R-1, RL, and RM residential zoning districts with related provisions to be added to Section 4.3.3 Special Requirements for Specific Uses on a 7-0 vote. R E COM MEN D E D ACT ION: By motion, approve on the first reading of an ordinance amending the LDRs to allow Educational Facilities as a conditional use, and Home Tutorial Services as an accessory use in the R-1, RL, and RM residential zone districts, and the addition of related Sections 4.3.3(HH), and 4.3.3(KK). Attachment: * P&Z Staff Report & Documentation of September 19, 1994 * Proposed Text Amendments , PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 19, 1994 AGENDA ITEM: VI.B. LOR AMENDMENT TO ALLOW EDUCATIONAL FACILITIES AS A CONDITIONAL USE, AND HOME TUTORIAL SERVICES (UP TO FIVE STUDENTS) AS AN ACCESSORY USE IN THE R-1, RL AND RM RESIDENTIAL ZONING DISTRICTS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the LDRs that would allow educational facilities as a conditional use, and home tutorial services ( up to five students) as an accessory use in the R-1, RL and RM residential zoning districts, and also add related provisions to Section 4.3.3(HH), and 4.3.3(KK). BACKGROUND: This amendment has been requested by the City's Education Board. Schools are currently not listed as a permitted or conditional use in any of the City's residential zoning districts. A t the time that the request was made, there were at least two educational facilities in the City that were located in residential zoning districts, without having been legally established. One facility involves home tutorial services, and the other facility which has since relocated, involved children with special or alternative educational needs. Both are relatively small operations involving small properties or portions of a building, and appear to have had little impact on the surrounding neighborhoods. The Education Board supports these types of facilities in residential areas, and is seeking a means of bringing these uses into compliance with the LDRs. At its meeting of July 18, 1994, the Planning and Zoning Board initiated an amendment to the LDRs to allow limited educational facilities as a conditional use in residential zoning districts. ANALYSIS: Child Care, Family Day Care and Churches with attendant Educational, Nursery and Sunday Schools are currently allowed as conditional uses in the R-1, RL, and RM zoning districts pursuant to requirements set forth in LOR Section 4.3.3. However, more formal educational facilities having similar intensities are allowed only as conditional uses within the CF (Community Facilities) zoning district. In some instances it would not be practical or desirable to rezone a property to CF to accommodate an educational program. P&Z Staff Report Text Amendment to Residential Zone Districts Page 2 This amendment would allow educational facilities of a limited nature as a Conditional Use in residential zoning districts. The types of educational facilities this amendment is intended to address are those that are relatively small privately run operations. They may be geared toward providing more intensive instruction to children with special needs, or those who desire additional instruction. Larger private and public facilities are and would continue to be established through rezonings to CF, and a Conditional Use approval. Private schools are not regulated by the State or HRS, as are Public Schools, Child Care and Adult Day care. Thus, some limitations on the intensity of the use should be provided through provisions found in LDR Section 4.3.3 Special Requirements for Specific Uses. These requirements would provide for a minimum lot area, floor area, outdoor area, loading area and other regulations as may be required by the American Disabilities Act ( ADA) , Standard Building Codes, and Fire Codes. Another type of educational facility to be accommodated by this amendment involves home tutorial services with more than one student at a time. Under existing ordinances, instruction of up to one student at a time is permitted as a Home Occupation. There are no special provisions relating to group instruction. Currently, Child Care and Family Day Care (up to five children) are allowed as an accessory use to a private residence with some restrictions set forth in Section 4.3.3. As home tutorial services are similar to the intensity of these uses, it would appear appropriate to also allow home tutorial services with a limit of 5 students at one time as an accessory use in the home, subject to certain restrictions. Home tutorial services with more than 5 children would be considered an educational facility, which would then require conditional use approval. The attached LDR pages include language additions which include home tutorial as an accessory use in a private residence, limited to five students at one time provided that no traffic be generated in greater volumes than would normally be expected in a residential neighborhood, and that the use will not occupy more than 20% of first floor area of the residence. RECOMMENDED ACTION: By motion, recommend adoption of the attached amendments to Section 4.4.3 R-1, Section 4.4.5 RL, Section 4.4.6 RM residential zoning districts, and the addition of Section 4.3.3(HH) Educational Facilities, and Section 4.3.3(KK) Home Tutorial. Attachments: * Proposed LDR Amendments Report prepared by: Janet Meeks, Senior Planner Report reviewed by: Diane Dominquez, Director of Planninq , . P&Z Staff Report Text Amendment to Residential Zone Districts Page 3 LIMITED EDUCATIONAL FACILITIES IN RESIDENTIAL ZONING DISTRICTS Amendments to the following provisions: Section 4.4.3 Single Family Residential (R-l) Districts: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: ( 1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. (2) Home occupations but only within the R-l-A, R-1-AA, and R-1-AAB Districts. ( 3 ) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children) ( 4) Home Tutorial Services subject to the restrictions set forth in Section 4.3.3(KK) ('IID Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (SlID The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. ( 1) Child Care and Adult Day Care (2 ) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F., as appropriate. (3) Educational Facilities subject to the restrictions set forth in Section 4.3.3(HH). (Jlill The use of common recreational facilities such P&Z Staff Report Text Amendment to Residential Zone Districts Page 4 as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. ('lID Single Family Detached Residences in zero lot developments but only in the R-1-A and R-1-AA Districts. (SlID Level I Group Homes. Section 4.4.5 Low Density Residential (RL) District: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: ( 1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children) (3) Home Tutorial Services subiect to the restrictions set forth in Section 4.3.3(KK) (311!l Home Occupations. ('lID Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (Slill The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RL District. (1) Child Care and Adult Day Care (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F. as appropriate. ( 3) Educational Facilities subiect to the restrictions set forth in Section 4.3.3(HH). , . P&Z Staff Report Text Amendment to Residential Zone Districts Page 5 (31ill The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. ("ill Single Family Detached Residences in zero lot developments. ( ! till. Group Homes, Level II. Section 4.4.6 Medium Oensity Residential (RN) Oistrict: ( C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: ( 1 ) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children) (3) Home Tutorial Services subject to the restrictions set forth in Section 4.3.3(KK) (31ill Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. ("ill The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1 ) Adult Congregate Living Facilities and Continuing Care Facilities (2) Alcohol and Drug Abuse Treatment Facilities (3) Child Care and Adult Day Care (4) Educational Facilities subject to the restrictions set forth in Section 4.3.3(HH). ("ill Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and . P&Z Staff Report Text Amendment to Residential Zone Districts Page 6 columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (!I1il Convalescent Homes, Homes for the Aged, Nursing Homes, and Rest Homes (61111 The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (11~ Single Family Detached Residences in zero lot developments. (81121 Group Homes, Level III. (91ilQl Yacht Club with facilities. (ZSli!!l Dock master facilities when associated with a multi-family development which has a marina. ADDITION OF NEW SECTIONS: LDR Section 4.3.3(88) (HH) Educational Facilities: For the purpose of this section, educational facilities shall be of a limited nature servinq children ages 2-18. Examples of such proqrams may include those which meet special education needs, or proqrams that are directed toward providinq intensive instruction to a limited number of students; but does not include vocational or traininq schools which may be located in various commercial or Community Facilities districts. ( 1) Lot Area: The minimum lot area shall be 7,500 square feet. (2) Floor Area: Facilities shall contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storaqe. ( 3) Loading Area: A pickup and drop-off area for children shall be provided in a convenient area ad1acent to the buildinq and shall provide clear ingress and eqress to the buildinq. (4) Outdoor Area: there shall be a minimum area of 75 square feet of outdoor play area per student. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback. The play area shall be surrounded by a six foot fence. , P&Z Staff Report Text Amendment to Residential Zone Districts Page 7 (4) Other Regulations: All Educational Facilities shall comply with the American Disability Act ( ADA) , Standard Building Code, Fire Codes, and any other regulations as may be required. LOR Section 4.3.3(KK) (KK) Home Tutorial Services: ( 1) Shall only be as an accessory use in a private residence. (2) Is limited to no more than five students at anyone time. (3) Traffic qenerated by such Home Tutorial Services shall not exceed traffic volumes than would normally be expected in a residential neighborhood. Any need for parkinq generated by the operation of such Home Tutorial Services shall be met off the street and other than in the required front setback. (4) Home Tutorial Services shall not occupy more than 20% of the first floor area of the residence, excluding the area of any open porch, attached garage, or similar space which is not suited or intended for occupancy as living quarters. I . . MBHORANDOM TO: DAVID HARDEN, CITY MANAGER COMMUNITY IMPROVEMENT~ FROM: LULA BUTLER, DIRECTOR, RE: FIRST READING/UNSAFE BUILDING ORDINANCE DATE: SEPTEMBER 20, 1994 ITEM BEFORE THE COKHISSION: Consideration of approval of new ordinance on first reading, enacting a new Article 7.8 "Unsafe Building Or Structures" providing for Rules and Regulations concerning the protection of citizens from unsafe building and structures, establishing requirements and procedures, providing for an effective date. BACKGROUND: The City Commission adopted the Land Development Regulations 1n September, 1990 which repealed Chapter 165 of the Code of Ordinance and enacted Article 7.8. Current language within this article references Chapter 165 needing revisions. This new ordinance, therefore, repeals Article 7.8 as it exists, 1n its entirety and establishes a new revised Article 7.8. RECOMMENDATION: Staff 1S recommending approval of this new ordinance on first reading and the required Public Hearing for the regular City Commission meeting of October 18, 1994. LB:DQ ~--O DQ3 Unsafe.LB /ZJ . . . , ORDINANCE NO. 82-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", IN ITS ENTIRETY, AND ENACTING A NEW ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", TO PROVIDE FOR RULES AND REGULATIONS CONCERNING THE PROTECTION OF CITIZENS FROM UNSAFE BUILDINGS OR STRUCTURES; ESTABLISHING REQUIREMENTS AND PROCEDURES; PROVIDING A SAVINGS CLAUSE, GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach enacted the Land Development Regulations on September 25, 1990; and WHEREAS, as part of the adoption of the Land Development Regulations, Chapter 165 was repealed and Article 7.8 was enacted; and WHEREAS, the current Article 7.8 contains references to Chapter 165 which need to be revised; and WHEREAS, certain procedures and notice requirements regarding unsafe buildings are required to be adopted. NOW, THEREFORE, be it ordained by the City Commission of the City of Delray Beach as follows: Section 1- That Article 7.8, "Unsafe Buildings or Structures", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby repealed in its entirety, and a new Article 7.8, "Unsafe Buildings or Structures", is hereby enacted to read as follows: 7.8.1 APPLICATION. (A) Except as inconsistent with the provisions of this chapter, all building codes and building requirements adopted by this title as well as those codes adopted in Section 96.16, are hereby adopted and incorporated as fully as if set out at length herein and the provisions therein shall be controlling in the use, maintenance, and occupancy of all buildings and structures within the jurisdiction of the city. Amendments to any of the above codes or code sections which are adopted by the city shall be considered amendments hereto. (B) This chapter shall apply to all unsafe buildings and structures, as defined in Section 7.8.2 of this chapter and shall apply equally to new and existing conditions. To the extent that the provisions of this chapter are inconsistent with any codes . adopted herein and any ordinances pertaining to the elimination or repair of unsafe buildings, this chapter shall supersede those codes and ordinances. 7.8.2 DEFINITIONS ( A) For the purpose of this chapter, the following defini- tions shall apply unless the context clearly indicates or requires a different meaning. (B) Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code, Standard Fire Codes (as adopted in 96.16), as those codes have been adopted and/or amended by the city or other applicable codes duly adopted and/or amended by the city. "APPLICABLE GOVERNING BODY." The City of Delray Beach. "APPROVED." Approved by the Chief Building Official or his designee. "BUILDING." Any structure built for the support, shelter, 0 enclosure of persons, animals, chattels, or property of any kinL which has enclosing walls for 50% or more of its perimeter. The term "BUILDING" shall be construed as if followed by the words "or parts thereof." For the purpose of this chapter, each portion of a "BUILDING" separated from other portions by a fire wall shall be considered as a separate "BUILDING." "BUILDING" shall also include a structure which was partially constructed in a manner such that it would have qualified as a "BUILDING" if completed but which has been damaged or left incomplete so that it no longer has enclosing walls for 50% of its perimeter. "BUILDING OFFICIAL." The Chief Building Official who is charged with the administration and enforcement of this chapter, or the duly authorized designee of the Chief Building Official. "CODES." Wherever reference is made in this chapter to any code, the meaning will be that conveyed by that particular code as amended by the city or if not specifically named, to the codes mentioned in section 7.8.2(B) above. "COST OF ALTERATIONS OR REPAIRS." The estimated cost of repairs or alterations if done by a professional contractor, duly licensed and hired to effect those repairs or alterations, as determined by the Chief Building Official or his designee using generally accepted practices for estimating cost. 2 Ord. No. 82-94 I "DEPARTMENT." The Community Improvement Department charged with the enforcement of this chapter. "DILAPIDATED." In a state of de~y or disrepair due to a lack of maintenance and upkeep; deteriorated due to lack of adherence to standard codes. "FIRE OFFICIAL OR INSPECTOR." Building Inspectors, Fire Inspectors, Code Enforcement Officers, Engineers, etc. employed by the City and whose regular job functions include inspecting buildings, structures, properties, etc. "LEGALLY COGNIZABLE INTEREST." The interest of an owner, tenant, person or entity having a recorded lien on the subject real property as shown by a title search conducted within 30 days prior to the date of Notice of Unsafe Building/Structure. "OFFICE OF THE RECORDER." The Recorder of deeds of a county. "OWNER." Any person, agent, firm, or corporation having a fee simple legal or equitable interest in the property. "STRUCTURE." Anything which is built, erected or constructed. This definition includes, among other things, docks, dolphins, piers, boat lifts, fences, posts, buildings (see above) , walls, pilings, signs, canopies, tents, stairs, stoops, awnings, slabs, asphalt or concrete driveways, poles, septic tanks, and other items as determined by the Chief Building Official. "UNSAFE BUILDING OR STRUCTURE." Any building or structure that has any of the following conditions, such that the life, health, property, or safety of the general public, building or structure occupants, or any others are endangered: ( 1 ) Whenever any means of egress or required egress or portion thereof is blocked, partially blocked, not of adequate size or not arranged or provided to provide a safe and unobstructed path of travel to the outside in case of fire or panic. ( 2 ) Whenever required fire doors, fire protection equipment, means of egress, closing devices, or fire resistance rating materials are in disrepair, in a dilapidated or nonworking condition or installed incorrectly or are inadequate. ( 3 ) Whenever the stress in any member of a building or structure or portion thereof, due to all imposed loads, including dead load, exceeds the working stress allowed in the Standard Building Code for new buildings. 3 Ord. No. 82-94 . ( 4 ) Whenever a building, structure, or portion thereof has been damaged by fire, flood, earthquake, wind, or any other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings. ( 5 ) Whenever any exterior appendage or portion of a building or structure is not securely fastened, attached, or anchored such that it is capable of resisting wind, seismic, or similar loads as required by the Standard Building Code for new buildings. ( 6) Whenever, for any reason, a building, structure, or portion thereof is in a dilapidated condition due to lack of maintenance or is manifestly unsafe or unsanitary for the purpose for which it is actually being used or for the purpose for which it was designed to be used. ( 7 ) Whenever any building, structure, or portion thereof, as a result of decay, deterioration, dilapidation or any other reason is likely to fully or partially collapse. ( 8) Whenever any building, structure, or portion thereo~ has been constructed or maintained in violation of a specific requirement of the standard codes of the city. ( 9 ) Whenever any building, structure, or portion thereof is in a condition as to constitute a public nuisance such as, but not limited to, being left open and unattended, or being abandoned by its owners, or lacks security to prevent entry, or is without operational, electrical, water or sewer service, or lacks security to prevent entry or is left partially complete, but not guarded or not adequately guarded against unauthorized entry. (10) Whenever any building, structure, or portion thereof is unsafe, unsanitary, not provided with adequate egress, or which constitutes a fire or health hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. (11) Whenever a requirement is lacking and which is necessary for the strength or stability of an existing or proposed building or st -"'cture, or for the safety or health of the occupants thereof, such but not limited to, hot and cold water supply and electricity, even if not specifically covered by this chapter or other cod!, ~s determined by the Chief Building Official, ifl accord with the standards set forth herein. 4 Ord. No. 82-94 . 7.8.3 MAINTENANCE OF BUILDINGS OR STRUCTURES REQUIRED; RESPONSIBILITY. All buildings or structures, both existing and new, and all parts thereof, including all materials, fixtures or appliances installed therein shall be maintained in a safe, secure and sanitary condition. All policies, procedures, requirements and safeguards which are required by the Standard Building Code, Life Safety Code, Fire Prevention Code or Standard Housing Code and/or any other applicable codes adopted by the City, or as may be amended from time to time, in a building when erected, altered, repaired, moved or occupied, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. 7.8.4 REQUIREMENTS FOR ALTERATIONS, ADDITIONS, OR REPAIRS. ( A) Subject to the provisions of Paragraph (C) of this subsection, alteration, repair, or rehabilitation work may be made to an existing building or structure without requiring the entire building or structure to comply with all the requirements of this code, provided that the alteration, repair, or rehabilitation work conforms to the requirements of the code for new construction. However, if an existing building or structure is damaged by fire or otherwise requires repairs in excess of SO% of its replacement cost as proven by independent appraisal, the entire building or structure shall be made to conform to all current codes and Land Development Regulations for new buildings and current land use regulations. Additionally, any buildings or structure containing a nonconforming use must comply with current Land Development Regulations if required repairs exceed 10% of the replacement cost of the structure or building as determined as noted above. (B) Additions to existing buildings must be made in con- formity with current codes. However, existing buildings or structures need not be modified to comply with current codes except where the addition involves replacement or reconstruction of materials in the original 'structure or otherwise affects the safety or materials in the original structure. Any reconstruction or replacement materials or related repairs shall conform with current codes. (C) Whenever more than 25% of a roof covering is replaced within a 12 month period, the entire roof covering shall be made to conform with the requirements of the code for new buildings. (D) Repairs, alterations, and additions may not be made so as to extend or increase an existing nonconformity or hazard. S Ord. No.82-94 . 7.8.5 CHAPTER REMEDIAL. This chapter is declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof which are public safety, health, and general welfare through structural strength, stability, security, maintenance, sanitation, adequate light and ventilation, electrical power, hot and cold water supplies and safety to life and property from fire, health and other hazards incident to the construction, security, moving, alteration, repair, removal, demolition, use, and occupancy of bui- ldings or structures. 7.8.6 ENFORCEMENT OFFICER DESIGNATED. The provisions of this chapter shall be enforced by the Chief Building Official and/or his designee. The Chief Building Official or his designee may utilize the Fire Department, Code Enforcement Division, Environmental Services, etc. to aid in the enforcement of the provisions of this chapter. 7.8.7 LIABILITY OF ENFORCEMENT PERSONNEL. Any officer or employee, or member of a board, charged witl the enforcement of this chapter acting for the city in th~ discharge of their duties, shall not thereby render themselves personally liable, and are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act requir-ed or permitted in the discharge of their duties. Any suit brought against any officer or employee because of an act performed in the enforcement of any provision of this chapter shall be defended by the City Attorney or Special Counsel retained by the City Commission, until the final termination of the proceedings, providing the individual acted within the scope of his authority. 7.8.8 AUTHORITY TO MAKE INSPECTIONS; INITIATING ABATEMENT. (A) The Chief Building Official or his designee, Building Inspectors, Code Enforcement Officers, Fire Department Officials, etc. are authorized to make any inspections and recommend any actions to the Chief Building Official or his designee as may be required to enforce the provisions of this chapter. (B) After the Chief Building Official or his designee has determined that a building, structure, or portion thereof is unsafe, he may initiate proceedings to abate the unsafe conditions. 6 Ord. No. 82-94 . , 7.8.9 INVESTIGATION; NOTICE. (A) The Chief Building Official or his designee shall cause a title search to be made of the affected property to determine the names of all persons having an interest in the property. The Chief Building Official or his designee shall then prepare and issue a Notice of Unsafe Building/Structure directed to the owner of record and all persons having a legal interest in the property, including all known tenants. The notice shall contain, but not be limited to, the following information: ( l) The street address and legal description of the building, structure, or premise, as disclosed by the title search and/or County or City records. (2 ) A statement indicating that the building or structure has been declared unsafe by the Chief Building Official or his designee and a detailed report documenting the conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter. (3) The action required to be taken as determined by the Chief Building Official or his designee. (a) The notice shall require that all necessary permits be secured and the repair work be commenced within 60 days from the date of service of the Notice of Unsafe Building/ Structure, and continued to completion within 6 months from the date the permits are available for issuance. The notice shall also set forth the provisions of Section 7.8.4 of this chapter. (b) If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. (c) If emergency action was taken by the Chief Building Official or his designee pursuant to 7.8.12(C), the notice shall state the emergency action taken and any costs incurred. (4 ) The notice shall state what action shall be taken by the city in the event that repairs are not made in accordance with the directions in the Notice of Unsafe Building/Structure. The Chief Building Official or his designee may in that case bring the matter before the Code Enforcement Board or order the building to be vacated and demolished or boarded up in accordance with the standards set forth in Section 7.8.12 of this chapter. ( 5) A statement advising that any person having a legal interest in the property may appeal the finding of the Chief Building Official or his designee to the Board of Construction Appeals and that the appeal shall be in writing in the form 7 Ord. No. 82-94 , specified in Sections 7.8.14 and 7.8.16 of this chapter, and must be received by the Chief Building Official or his designee no later than thirty (30) days from the date of service of the Notice of Unsafe Building/Structure and that failure to deliver an appeal in the correct form in the time specified will constitute a waiver of all rights to an administrative hearing. (B) The Notice of Unsafe Building/Structure and all attach- ments thereto shall be served upon the owners of record and posted on the property in conspicuous locations. A copy of the Notice and all attachments thereto shall also be served on any person deter- mined from a title search to have a legal interest in the property. (C) The Notice of Unsafe Building/Structure shall be served either personally or by dual service of certified or registered mail, return receipt requested, and postage paid first class mail to each person required to receive notice at the address as it appears in official public records as disclosed by a title search and a review of County tax roll records or any other address as is known by the Chief Building Official or his designee to be the address of those required to receive service or address of those authorized to receive service. If addresses are not available for any persons, firms, companies, corporations, etc. required to bE' served, except owners of record, after reasonable efforts are made to determine such address(es), the notice to those persons, firms, companies, corporations, etc. shall be mailed by first class mail to the address of the building or structure involved in the proceedings. Notice to tenants shall be by posting the premises and shall be effective on the date of such posting. The failure of any person to receive notice, other than the owner(s) of record, shall not invalidate any proceedings under this chapter. Service by certified or registered mail, return receipt, as herein described shall be effective on the date the notice was received as indicated on the return receipt. Where notice is not received by certified or registered mail or personally, the notice shall be effective the date of first class mailing as above. In those cases where the address of the actual owner(s) of record can not be determined after reasona,ble efforts are made to locate such addressees), notice to such owner(s) of record may be given by one advertisement of a "Notice of Unsafe Building/Structure" in a newspaper of general circulation in the county where the affected building or structure is located. In the case of advertisement of a Notice of Unsafe Building/Structure, the service date shall be the publication date. 7.8.10 POSTING OF PREMISES FOR VACATING OR DEMOLISHING. ( A) In addition to the above notice requirements, Unsafe Building/Structure notices shall be posted at or near each exit 8 Ord. No. 82-94 I and/or entrance to the effected building or structure and shall contain: UNSAFE BUILDING/STRUCTURE DO NOT ENTER OR OCCUPY It is a violation of Land Development Regulations of the City of Delray Beach to enter or occupy this building/structure or to remove or deface this notice without written permission from the Chief Building Official. The notice shall be signed and dated by the Chief Building Official or his designee. (B) This notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm, or corporation or their agents to remove the notice or to enter or occupy this building/structure without prior written permission of the Chief Building Official or his designee. 7.8.11 RECORDING OF AFFIDAVIT I, AFFIDAVIT III. If the remedial action required under Section 7.8.12 of this chapter is not commenced within 60 days from the date of service of the Notice of Unsafe Building/Structure on the owner of record, the Chief Building Official or his designee shall file in the public records of the county Affidavit I describing the property and certifying that the building or structure is unsafe and that the owner of record has been served. This affidavit shall remain on file until the conditions rendering the building or structure unsafe have been abated or corrected and inspected by the Chief Building Official or his designee. When the unsafe conditions are abated or corrected and inspected, the Chief Building Official or his designee shall file Affidavit III in the public records indicating that the building or structure is no longer unsafe as a result of those conditions specified in the subject notice pursuant to Section 7.8.12 of this chapter. 7.8.12 STANDARDS FOR DETERMINING ACTION TO BE TAKEN BY BUILDING OFFICIAL. The following actions shall be taken by the Chief Building Official or his designee when ordering the repair, vacation, demolition or boarding up of an unsafe building or structure or portion thereof: (A) If the building or structure poses an immediate hazard to the life or to the safety of the occupant or user the reo f , or to the neighborhood, or to the public, or to the property of others, it shall be ordered immediately vacated. Additionally, where the building is not repaired in the time permitted, it will be ordered 9 Ord. No. 82-94 . vacated and demolished, in accordance with the general guidelines in this section. (B) The building or structure will be ordered demolished when the condition of the building structure or portion thereof is sufficiently unsanitary, unsafe, unsecure, unguarded or detrimental to neighboring properties due to lack of completion, upkeep or exterior maintenance and where the required repairs are not performed within the time prescribed in the Notice of Unsafe Building/Structure or by order of the Board of Construction Appeals, and where the continued existence of the structure poses a hazard to the health or safety of the public or the occupants or users of the effected building or to the property of others. This applies even if the building is secured against entry and where the building is sufficiently damaged, unsound, unsafe, unsanitary or detrimental to property values in the vicinity due to incomplete condition or lack of maintenance and upkeep. (C) In certain cases where the Chief Building Official or his designee, based upon his own experience and knowledge, or upon the advice of fire officials, determines that an immediate peril exists and that certain preventative action must be taken immediately without notice or title search to prevent injury to occupants neighbors or the public or destruction of the property of neighbors or the public, the Chief Building Official or his designee may order immediate preventative actions which may include, but shall not be limited to, vacating the property, demolition, erecting fences or other barricades, boarding up, ordering the disconnection of power and water supplies and the City may assess the costs of such action as a lien upon the property in accordance with this chapter. In the aforementioned cases, a Notice of Unsafe Building/Structure shall be served after preventative action is taken in the same manner as when action is taken after service. An appeal to the Board of Construction Appeals based upon an emergency action is proper only as it relates to costs incurred by the City, providing such appeal is received in the form prescribed by Sections 7.8.9, 7.8.14, and 7.8.16, and is received by the Chief Building Official no later than 30 days after service of the Notice of Unsafe Building/Structure. ( D) The Chief Building Official or his designee shall have the authority to approve one extension of time to complete repairs to make a building or structure safe or to complete demolition. Such extension shall not exceed 60 days from the original expiration date for repair or demolition. The extension shall only be granted where the Chief Building Official or his designee determines that a good faith effort is being made to correct the unsafe condition, and that the extension will not unreasonably end- anger the public. The building official may require that premise~ 10 Ord. No. 82-94 . be guarded by fencing, barricading or other means until all repairs are made or demolition is completed. 7.8.13 PROCEDURAL MATTERS, BOARD OF CONSTRUCTION APPEALS. (A) COMPOSITION. The Board of Construction Appeals shall consist of nine members appointed by the City Commission. The membership shall be comprised of two general contractors, one master plumber, one architect, one master electrician, one air conditioning contractor, one sign contractor, one real estate broker or insurance agent, and one professional engineer. (B) QUALIFICATIONS. All members shall reside in or have their principal place of business in the city. All members shall have actual previous experience in their respective trade or profession deemed sufficient by the City Commission. (C) TERMS OF OFFICE; REMOVAL; VACANCIES. The members of the initial Board of Construction Appeals shall serve for the following terms: Three members for one year, three members for two years, and three members for three years. As the terms of the initial board members expires, the City Commission shall appoint a member to fill each vacancy for a term of two years. Any member of the Board of Construction Appeals may be removed from office by a majority vote of the Commission. Any vacancy occurring during the unexpired term of office of any Board j member ,sn;:\ l~ be filled by the City Commission for the unexpired I ~ithin 60 days after the vacancy occurs; provided further, '11 that no member may serve more than two successive terms on this Jf Board. (D) ORGANIZATION, RECORDS. (1) The Board -of Construction Appeals shall elect a Chairperson and Vice-Chairperson and other officers as may be necessary from among its members. Terms of all officers shall be for one year. (2) The Chief Building Official shall serve as secretary to the Board but shall have no vote. The secretary shall make a record of all proceedings of the Board. The Chief Building Official shall be permitted to designate a staff member to serve in his stead. 11 Ord. No. 82-94 . ( 3 ) If a person or persons decide(s) to appeal to a court of competent jurisdiction any decision made by the Board of Construction Appeals, with respect to any matter considered before the Board, such person ( s ) will need a record of the proceedings, and for such purpose, such person(s) may need to ensure that a verbatim record or transcription of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Ci ty does not provide such a verbatim record or transcription. (E) MEETINGS; QUORUM, VOTE REQUIRED. ( 1 ) The Board of Construction Appeals shall hold not less than four regular meetings each fiscal year. ( 2 ) MeetingE' shall be called by the Chairperson of the Board and in his absence by the Vice-Chairperson of the Board. The secretary of the Board may also call meetings of his own volition. ( 3 ) All minutes of Board meetings shall be public records except those portions which are of a confidential nature. All minutes and records of the Board shall be kept in the office of the Chief Building Official, or in another location as the Chie Building Official may designate. ( 4 ) Five voting members of the Board shall constitute a quorum at any meeting. No action of the Board shall be taken on any matter except upon the concurring vote of not less than five members of the Board. (F) COMPENSATION. Members of the Board of Construction Appeals shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of their official duties upon approval by the Commission. (G) PROMULGATING RULES, EXAMINING WITNESSES. The Board of Construction Appeals may make rules and regulations consistent with the general policies of this subchapter, as it may deem necessary to carry out the provisions of this subchapter, these rules and regulations to be subject to the approval of the Commission. The Board shall have the power to subpoena witnesses and administer oaths in accordance with established law pertaining to the actions. (H) CONFLICT OF INTEREST. A member of the Board of Construction Appeals shall not act in a case in which he has a personal interest. 12 Ord. No. 82-94 . 7.8.14 APPEALS, GENERALLY; BOARD OF CONSTRUCTION APPEALS. (A) Appeals to the Board of Construction Appeals may be taken by any person aggrieved, or by any officer or bureau of the governing body of the city, affected by any decision of the Chief Building Official concerning interpretation, administration, or enforcement of the following provisions of the Land Development Regulations: ( 1 ) Building Regulations: Article 7.1 except Sections 7.1.5 through 7.1.7 ( 2 ) Gas Code: Article 7.3 ( 3 ) Mechanical Code: Article 7.5 ( 4 ) Plumbing Code: Article 7.6 ( 5) Electrical Code: Article 7.2 ( 6 ) Housing Code: Article 7.4 ( 7 ) Unsafe Building/Structure: Article 7.8 ( 8 ) Moving Buildings: Article 7.10 (B) It is the intent of this subchapter that all questions of interpretation, administration, and enforcement shall first be presented to the Chief Building Official. Questions shall be presented to the Board of Construction Appeals only as an appeal of the Chief Building Official's determination. Appeals shall be filed in writing via certified U.S. Mail return receipt requested, and received by the Chief Building Official no later than 30 days after receipt of a written decision from the Chief Building Official except as specified in 7.8.9. The form of the appeal is as specified in 7.8.16. The Chief Building Official shall forth- with transmit to the Board all papers constituting the record on which the appeal is based. 7.8.15 DECISIONS, GENERALLY. In exercising its powers, the Board of Construction Appeals, so long as the action is in conformity with the terms of existing ordinances, may reverse or affirm, wholly or partly, or may modi fy the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as should be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. 13 Ord. No. 82-94 . 7.8.16 APPEALS, AUTHORIZED FORM. ( A) For all authorized matters other than Unsafe Building/Structure, any person or persons who have an interest adversely impacted by the Chief Building Official's decision may file an appeal. (B) For Unsafe Building/Structures, any person entitled to service in accordance with the provisions of Section 7.8.9 may appeal any action of the Chief Building Official or his designee. (C) Appeals must be in the form described below: ( 1 ) Identification of the land, and building or structure by street address and/or legal description, as appropriate. ( 2 ) A statement identifying the legal interest of the appellant or the interest of the appellant adversely impacted by the Chief Building Official's decision. ( 3 ) A statement identifying specific portions or sections of the Noti.ce of Unsafe Building/Structure or wri ttel decision of the Chief Building Official which are being appealed. ( 4 ) A statement detailing the issues on which the appellant desires to be heard in relation to ( 3 ) above. ( 5) The legal signature of the appellant(s) and his official mailing addressees). (D) Upon receipt of an appeal, the Board of Construction Appeals shall fix a date, time, and location for the hearing of the appeal. The hearing date shall not be more than 30 days from the date the appeal was received by the Chief Building Official unless the appellant agrees to a later date or the City demonstrates good cause. (E) Waiver of appeal. All appeals must be received by the Chief Building Official rto later than 30 days from the date of service the Notice of Unsafe Building/Structure or 30 days after receipt of the Chief Building Official's written decision which is appealed. Failure to appeal within the time period specified shall constitute a waiver and shall make the decision of the Building Official a final decision or order. 7.8.17 HEARING; FAILURE TO APPEAR AT HEARING, BOARD OF CONSTRUCTION APPEALS. ( A) Scope of. hearing. 14 Ord. No. 82-94 I ( 1 ) The hearing shall offer the appellant(s) reasonable opportunity to be heard on only those specific matters or issues raised in his written appeal. Other persons having a legally cognizable interest in the property but who did not register a written appeal may be heard at the Board of Construction Appeals' discretion on only those matters or issues raised by the appellant on his appeal and only to the extent that they affect the legally cognizable right of the person seeking to intervene in the appeal. ( 2 ) The Chief Building Official or his designee shall offer relevant testimony to the Board and/or the Chief Building Official may call others to testify who may offer relevant testimony. ( 3 ) The appellant or other person with a legally cognizable interest may appear at the hearing in person or through his attorney or other designated representative. ( 4 ) The Board, in hearing appeals under this chapter, shall determine whether the decision of the Chief Building Official or his designee as to the unsafe condition of the structure or the remedial action required or his interpretation, administration or enforcement of relevant matters, as related to those matters raised by the appellant, is appropriate under the guidelines of this chapter. With regard to emergency actions, the Board's sole determination shall be to determine whether the costs incurred were reasonably related to the action undertaken. (B) The failure of any person to appear at the hearing set by the Board of Construction .Appeals without permission from the Board shall constitute a waiver of his right to an administrative hearing on the Notice of Unsafe Building/Structure or other matter appealed. The Board of Construction Appeals may, for good cause shown, excuse the failure to appear and set a new hearing date. 7.8.18 RULES OF PROCEDURE FOR HEARING APPEALS, BOARD OF CONSTRUC- TION APPEALS. (A) Reasonable dispatch. The Board of Construction Appeals shall proceed with reasonable dispatch to conclude any matter before it. (B) Form of Hearing Notice to Appellant(s): ( 1 ) The Hearing Notice shall include, but not be limited to, the following information: (a) The date, time, and place of the hearing; 15 Ord. No. 82-94 (b) The legal description and/or address of the subject property, as applicable; (c) A statement that persons may be represented by counsel; and (d) A statement that appellants may present all relevant testimony on those issues which they intend to raise in accordance with their appeal request as addressed to the Chief Building Official. (C) Procedures for hearing. (1) The Hearing Notice shall be served personally or by certified mail, return receipt requested, at least 7 days prior to the hearing date unless the appellant waives such requirement. (2) The Board of Construction Appeals may grant a continuance for good cause. (3) When the hearing is scheduled, the Board of Construction Appeals shall: (a) Hear from the Chief Building Of f icial or his designees or others who may offer relevant testimony as to and as applicable to: 1. The Notice of Unsafe Building/Structure and all attachments thereto or other matters being appealed. 2. Proof of service of the Notice of Unsafe Building/Structure on the owner of record and on any person deter- mined from official public records to have a legal interest in the property or proof of service or receipt by the appellant(s) of any other written decision which is being appealed. 3. The time of posting the Notice of Unsafe Building/Structure, including time to vacate, if any, and the location of the notices on the building or structure. 4. The particulars of the defects and conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter, with photographs as necessary. 5. The recommended corrective actions to be taken and the reasons for the recommendations. 6. Corrective actions, if any, already undertaken. 16 Ord. No. 82-94 . 7 . The reasons and bases supporting the written decision made by the Chief Building Official which is being appealed. (b) Hear from other interested parties present in accordance with requirements of this chapter. ( 4 ) Evidence: (a) The Hearing before the Board of Construction Appeals shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony. (b) In any proceedings under this chapter any member of the Board shall have the power to administer oaths and affirmations and to certify official acts. (c) Oral evidence shall be taken only on oath or affirmation. (d) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court. (e) Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of evidence over objection in civil courts. (5 ) The Board of Construction Appeals may inspect any building, structure or portion thereof involved in the appeal during the course of the hearing, provided the following are complied with: (a) Notice of an inspection is given to the appellant prior to the inspection; (b) The al?pel1ant is allowed to be present during the inspection; and (c) The Board members conducting the inspection state for the record, upon completion of their inspection, the conditions observed and any conclusions drawn therefrom. ( 6 ) When an appeal is heard before the Board itself, any member who does not hear the evidence presented shall not vote or take part in the decision. 17 Ord. No. 82-94 , ( 7 ) The Board of Construction Appeals may be provided independent counsel, including counsel from the City Attorney's office, to advise it during the course of an appeal hearing. (D) Decision of the Board. ( 1 ) The Board, if requested, shall determine whether the finding of the Chief Building Official or his designee that the building or structure is unsafe is proper under the guidelines of this chapter, and whether the mandated corrective action is necessary to render the building safe under the guidelines of this chapter. In cases where demolition has been ordered if repairs are not made, the Board shall, if requested, determine that demolition is proper. The Board may uphold the determination of the Chief Building Official or his designee, may send the matter back for further investigation and review by the Chief Building Official or his designee, or may make a finding that the condition complained of by the Chief Building Official or his designee does not render the building unsafe within the guidelines of this chapter, or that the corrective action required by the Chief Building Official or his designee is beyond what is required under this chapter to render the building safe. As to any other matter or appeal, the Board may affirm, deny or modify the written decision of the Chief Building Official in accordance with codes and ordinances adopted by the City. ( 2 ) The Board shall issue its written decision within 15 working days of the conclusion of the hearing. The decision shall be in writing and shall set forth the evidence presented and the findings of the Board. The effective date of the Board's final decision shall be the date of the written decision. The Board may grant one and only one extension of the time specified for making repairs and that extension may not exceed 60 days from the date of the Board's written decision to grant an extension. The Board may require the appellant to take actions to ensure the safety of the public or occupants during the extension period. (E) Recourse. If the appellant or the city is aggrieved by the decision of the Board, nothing in this chapter shall be construed to deprive him or the city of seeking redress in a court of competent jurisdiction. The appeal must be filed within 30 days from the effective date of the Board's final written decision and shall constitute a stay of any enforcement by the Chief Building Official or his designee except an order to vacate which was unappealed or upheld by the Board. 18 Ord. No. 82-94 7.8.19 STAYING OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION APPEAL. (A) As to an order to vacate issued in accordance with Section 7.8.9 ( 3)( a) or 7.8.12 (C) of this chapter, enforcement of any notice issued by the Chief Building Official or his designee under the provisions of this chapter shall be held in abeyance during the course of an appeal. In the event that an order to vacate was issued pursuant to the aforementioned sections of this chapter, the Chief Building Official shall certify in writing as soon as practicable after the notice of appeal has been filed that, in his opinion, a stay of enforcement of an order to vacate would cause imminent peril to the life or safety of natural persons, or the property of persons other than the appellant. The certifi- cation shall set forth in detail those conditions causing the peril. An appellant desiring to challenge the order to vacate may request an emergency hearing of the Board of Construction Appeals. The hearing shall be held within 72 hours of the appellant's request. (B) As to other matters under appeal, an appeal stays all proceedings in furtherance of the action appealed from, unless the Chief Building Official from whom the appeal is taken certifies to the Board of Construction Appeals after the Notice of Appeal is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Construction Appeals at an emergency hearing of the Board as requested by the appellant, as noted above, or by a court of competent jurisdiction. 7.8.20 FAILURE TO COMPLY WITH FINAL ORDER OR DECISION. (A) Any person who, after the order or decision of the Chief Building Official or his designee or the decision of the Board of Construction Appeals becomes final, fails or refuses to act in accord with the direction of that order shall be in violation of this chapter and may be prosecuted in accordance with Chapter 37 of the Code of Ordinances of the City or the City may seek relief through a court of competent jurisdiction. (B) Alternatively, where persons fail to comply with the final order of the Chief Building Official or his designee or the Board of Construction Appeals, the Chief Building Official will require the building to be immediately vacated and demolished or boarded up as provided in Section 7.8.12. Except in emergency situations, the Chief Building Official or his designee shall mail a Final Notice by certified and first class mail 15 days prior to 19 Qrd. No. 82-94 , demolition or boarding up to all persons who were required to receive Notice of Unsafe Building/Structure and shall post the Final Notice on the effected building/structure. The Final Notice shall state: ( 1 ) That the building or structure has been determined to be unsafe by a final order of the Chief Building Official or Board of Construction Appeals. (2 ) That repairs were not effected as required. ( 3) That all persons having a legally cognizable interest were served with notice that the failure to make the required repairs would result in an order to vacate and/or to demolish or to board-up the building. ( 4 ) That the building must be vacated immediately, if it has not already been vacated. ( 5 ) Advising that the building shall be demolished or boarded up, and stating an approximate date of demolition or boarding up. ( 6 ) The approximate costs of boarding up or demolition and that such costs, if not paid, shall be charged as a lien against the property and that other costs incurred will be added to the total cost along with a 10% administrative fee. (C) The Chief Building Official shall also execute an Affidavit II to be included with the above Final Notice which shall state that the continued existence of the structure creates a danger to the health, safety, or welfare of the public, or is a danger or detriment to the property of the publ ic , along with the reasons therefor, and the factual support for those reasons. (D) No person shall obstruct or interfere with the implemen- tation of any action required by the Final Notice of the Chief Building Official, his designee or the Board of Construction Appeals. Any person found interfering with or obstructing such actions shall be in violation of this chapter and shall be pro- secuted as provided in Section 7.8.22. (E) Performance of work. The demolition or board-up of an unsafe building as required in the Final Notice of the Chief Building Official or the final decision by the Board of Construc- tion Appeals shall be performed in an expeditious and workmanlike manner. 20 Ord. No. 82-94 . 7.8.21 RECOVERY OF COST OF DEMOLITION; LIENS. ( A) Whenever the Chief Building Official or his designee is required to take emergency action as described in Section 7.8.l2(C) or where compliance with a Final Notice is effected by the City, the City administration is authorized and directed to keep an accurate account of all expenses incurred, including but not limited to photographs, recording notices and affidavits, demolition, vacation, barricading, boarding-up, title searches, mailings, asbestos inspections, septic tank emptying, fencing, asbestos removal, utility disconnections, legal notice advertising or any other expenses necessitated by the demolition or board-up of the building/structure, and based upon same certify the cost involved for that work with respect to each parcel of property. The City shall also add to the total of such costs a 10% adminis- trative charge to cover the expense of administering and inspecting the work performed, overhead, and other contingent expenses. The cost of advertising shall be added to the total costs as a separate expense. (B) If the City has the condition abated and payment is not received within 30 days after the mailing of an invoice for the appropriate expenses incurred together with administrative costs, an invoice requesting payment of the total costs and administrative charges shall be sent to the last known address of the record owner. In the event the invoice remains fully or partially unpaid 30 days after the date of mailing the invoice, the cost shall be reported by the City Manager to the City Commission. Thereupon the City Commission shall, by resolution, assess that cost against the parcel. The resolution shall describe the land and show the cost of effecting compliance, whether by demolition and removal or otherwise, actually incur'red by the City and the additional 10% administrative expenses. The assessment shall also include costs of collection and reasonable attorney fees, and shall be be legal, valid, and binding obligations against the subject property. The resolution shall become effective 30 days from the date of adoption, and the assessment contained therein shall become due and payable no later than 30 days after the mailing date of the Notice of Assessment, after which interest shall accrue at the rate of 8% per annum on any unpaid portion. (C) The City shall send an invoice for the total amount due, a copy of the Notice of Assessment along with a copy of the Commission resolution, to the last known address of the record owner. Service shall be by personal delivery or by certified mail, postage prepaid, return receipt requested. In the event that the assessment remains fully or partially unpaid after 30 days of the mailing date or personal delivery of the Notice of Assessment, the City shall cause to be recorded in the official records of the 21 Ord. No. 82-94 , County, against those properties for which payment in full has not been received, an affidavit certifying: that a resolution assessing those costs against the subject property was passed by the City Commission; the amount remaining unpaid including recording costs and any additional administrative costs authorized by City policies; the date the resolution was passed and the number of the resolution; that the assessment remains unpaid as of the date of the affidavit; that interest in the amount of 8% per annum of the unpaid balance shall accrue; and that the affidavit is recorded by the City pursuant to this chapter. In the event payment in full with interest accrued is received, the City shall cause a satisfaction for such assessment to be recorded. The Notice of Assessment resolution shall be in substantially the following form: CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT Date TO: ADDRESS: PROPERTY: You, as the record owner of, or holder of an interest in, the above described property are hereby advised that a cost of by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19 , has - been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building Official had determined that a building/structure 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 initiated by the City if you failed to act. - You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. - You appealed the decision of the Building Official to th~ Board of Construction Appeals. You were given writte. 22 Ord. No. 82-94 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 at a cost of which includes a ten percent (10%) administrative fee. If you fail to pay this cost wi thin thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above- described property. THE CITY MAY ENFORCE THE ASSESSMENTS BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk (0 ) The City may enforce the assessments by either an action at law or foreclosure of the lien, which shall be foreclosed in the same manner as mortgages are foreclosed under state law. In either type of action, the City shall be entitled to interest at the rate of 8% from the date of assessment, collection costs, and reasonable attorney's fees. Such liens shall be on a parity with general City taxes and shall have priority over all other liens and encumbrances, including mortgages. 7.8.22 VIOLATIONS; PROVIDING FOR INDEPENDENT JUDICIAL PROCEEDING. (A) Any person or his agent, who shall violate a provision of this chapter or fail to comply therewith, including orders and 23 Ord. No. 82-94 , findings of the Board of Construction Appeals, may be prosecuted and punished in accordanc.e with Chapter 37 of the City's Code of Ordinances. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed or continued. The administration may alternatively seek enforcement in a court of competent jurisdic- tion. (B) Any person, firm or corporation who violates any provision of this chapter for which another penalty is not specifi- cally provided shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 30 days or both. Each day any violation shall continue to exist shall consti- tute a separate offense. (C) All remedies and procedures in this chapter are not exclusive and shall not prevent the city from instigating an independent legal action in a court of competent jurisdiction. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as ; whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4 . That this ordinance shall become effective ten ( 10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 1994. MAY 0 R ATTEST: City Clerk First Reading Second Reading unsafe.ord 24 Ord. No. 82-94 I - . COMMENTS FROM CITY COMMISSION REGULAR MEETING OF SEPTEMBER 27, 1994 11. B. Comments and Inauiries on Non-Aqenda Items from the Public - Immediatelv followinq Public Hearinqs. 11.B.1. Lillian Feldman commented that the Monday/Thursday edition of the DELRAY NEWS had mistakenly published her position as Chairman of the Delray Breakfast Club and the United Property Owners. She pointed out that the two organizations had recently merged and that she was recently installed as President, not Chairman, of the new organization. 11. B. 2. Marie Nofsinqer stated that she is a relatively new resident of the city and was not aware of the various permits and/or stickers (such as beach parking or the new automobile theft program) which are available. Ms. Nofsinger suggested this type of information be better publicized or made available to the residents. 11.B.3. Kenneth Graham, 42 N.W. 9th Avenue, stated that he lives in the area of The Paradise Club. He complained about the use of bullhorns by Police officers to clear loiterers from the area between the hours of 11:00 p.m. and 1:00 a.m. and sometimes later, without any regard for the neighborhood's residents who are trying to sleep. He emphasized that not everyone in this particular area of town is involved in criminal activities, and suggested that the Police Department be more sensitive to the working class in this community. Mr. Graham also expressed concern about jagged metal edges protruding from the railroad ties which had been placed by the City on N. W. 9th Avenue. He feels this presents a very dangerous situation, particularly for young children who might be playing in the area. FROM THE COMMISSION 13. Comments and Inauiries on Non-Aqenda Items. 13.A.1. Mr. Ellingsworth reported that the Metropolitan Planning Organization recently approved the beautification grant for West Atlantic Avenue and that the grant will be forwarded to F.D.O.T.. He further reported that the grant for the Railroad Station did not look very promising, as it was placed last on the MPO's priority list of 26 projects. Mr. Ellingsworth expressed his appreciation to the other members of the Commission for attending the recent SCRWTD Board meeting. I - . 13.A.2. With respect to the SCRWTD Board meeting, Dr. Alperin asked that the City Manager check with Boynton Beach to find out when they intend to schedule approval of the SCRWTD Board budget to make sure that Delray Beach isn't placed in any type of legal jeopardy situation. 13.A.3. Mrs. Smith inquired as to the date set for a workshop with the various charitable and non-profit organizations? The City Manager advised that the meeting is set for October 11, 1994. 13 .A.4. Mayor Lynch asked the City Manager for his comments regarding a letter which he had recently received from the Andover Subdivision so that he could respond to their request. With respect to the City Manager's and City Attorney's annual review, Mayor Lynch stated that he has found it very helpful to establish a definite time frame within which to receive a response from either the City Manager or the City Attorney to inquiries and/or direction. Also, he feels that the Commission should be very specific as to what their requests and needs are. Mayor Lynch stated that during the past weekend the Rod and Gun Club Restaurant on West Atlantic Avenue held a large party with a band and had apparently been issued a permit by the City. He reported that he had received a telephone call from The Hamlet complaining of loud music being played into the late evening. Allegedly, The Hamlet asked the restaurant to lower the noise. The restaurant didn't do it, so The Hamlet called the Police. The Police came out and were shown a letter from the Chief Building Official granting them approval for the event. Apparently, alot of cars were parked along West Atlantic Avenue which was complicated more by the road construction. Mayor Lynch asked the City Manager to check into the matter as he though something might have inadvertently gone wrong or perhaps was not handled properly. Mayor Lynch advised that the City of Boca Raton had recently conducted a study on privatization of services and had provided him with copies of the report. He had copies available for those interested in reviewing it and left the remaining copies with the City Manager for distribution to interested parties. 13.B. The City Attorney thanked the members of the Commission for their support and for approving the hiring of Brian Shutt as Assistant City Attorney I. 13.C. The City Manager stated that he is very appreciative of the Commission's confidence and support during the past year. - 2 - .