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.
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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
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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
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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.
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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.
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~ 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-
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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
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[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,
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[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-
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[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
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'.
[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~
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. Aqenda Item No.. 10 b
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'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~
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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
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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:
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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
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City Clerk I
7_A.
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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
.
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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
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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
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SEP 27 '94 14:04 FROM CHILDREN SERVICES WPB PAGE.005
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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
,
.
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,
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
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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
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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
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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
,
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- ' 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
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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
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I
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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
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- . ~
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
,
,
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'.
,
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
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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
. '
.
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LINTON OFFICE PARK
A SlmIVISION Of' 11E ~noST 1/4 OF Tt€: f
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'.
.
-",
" , 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:
...
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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. . ,
.
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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~
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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
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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
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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
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( ) -
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
,
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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
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This certificate of Substantial Completion applies to all Work Ii'!
under the Contract Documents or to the following specified ::1
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parts thereof: .'
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[11
r)'
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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:
~-
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CSC-1
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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 ~.
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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,
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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
. _.~.
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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.
.
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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
.
,
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: 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
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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
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I - 3 - Res. No. 78-94
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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
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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
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~ + + + + + X + + 0 + + ... <D + + +15
+ ... + + + rn + + -l + ... + ". + + +
>1 + . .<.<. + . + + + W + % + % +(')
~ + .. .1'TI.m+n+ .tn. + + . + 0 + 0 +0
Ql + .<.<.n.<.n.O. .'"'O.z + < ... - + + +
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:l + .... .o.m+o+ ....... ... + + 0 + 0 +
Ql + .. .......(J).Z+ ."+ + ... IV + + +
~ + + .. . .Cl. +...... + ... W + + +
~ r:r + .... . .. . <. + m . + + + + +
:l I-' + ... + + + ..... + + 0 + + + + + +
'< ~ + + + + + m + + + + + + + +
0 + ... + + + € + + + + + + + +
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~ + + + + + . + + + ... + + + +
>1 --------------------------------- - - - - -
Ql + + + + + -i + + + + + + + +"'1
+ + + + + rn + + + + + + + ..tIl
+ + + + + Z + + + + + + + :~
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+ + + + + -I .. + + + + - + +
+ . .. <. .. ~ . + + + + .... + + +tIl
+ + ."'.Z.,". + ... ... + - ...-." +~Ol ..~
+ +<+(J)+O+~. + ..... + +<+VI ..."'.... +"'.... +
+ .m.,.,.r-. +Ol+Z · m + . + -. + ~. +(')
+ ...(J).%.Z+ .... + "" + 0 + <II + CD + . .... + . .... +0
... + +0+0+"+ + + + + ~ +0"" +0"" +
+ + + -i + + 0 + + + + "'<.11 + 0 + 0 +
+ + + + + . + + + + + . + .. +
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--------------------------------------
.
,
.
~
Agenda Item No.: ~~.;L
AGENDA REQUEST
Date: September 19, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: September 27, 1994
Description of agenda item (who, what, where, how much): C02, Carbon
ntract to Li uid Carbonic at estimated annual cost of
$ni,10a 00 via City of West Palm Beach Bid #83 83-94
ORDINANCE! 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. Low Bidder
-Dicamba
27. 18-4-8 Plus Howard Fertilizer $ .19 lb. Low Bidder
Broadleaf Weed
Control + Trimec
,
~ t:l
,.; '" ,.; ,.; ,.;
. .... ~
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- III '" ...... ;. ,.; .. III .... III III
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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
-----
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LOWSON 80Uu:YARD ..
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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
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-
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
.
.
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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
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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~~~
,
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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
,
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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
,
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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
,
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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
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! 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
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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
- - --- ---
. ..
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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.
..
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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.........'.......... ....................
.
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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
,
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,
. 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
,
.
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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
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( (
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.
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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
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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
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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
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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
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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
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.
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
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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
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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.
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ref:agmemo7
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,I I
. RESOLUTION NO. 75-94 I
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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.
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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.
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ATTEST:
o /lMn'i1JlL' kA13f J/o l:/;y
ity Cl k
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- 2 - Res. No. 75-94
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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.
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ref:agmemo8
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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
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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.
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ref:agmemo9
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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
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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.
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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
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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. It
replaces pages 298 through 321 of the Proposed Budget 1994/95 and
brings the budget into conformance with the Comprehensive Plan.
Recommend approval of the Five Year Capital Improvement Program (FY
1993/94 through 1998/99).
~ -.5-0
ref:agmemo29
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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$J.J.J~~/p't/~~~~~
t~tlw_t~_w'/~~~/tt__~/p~~~~pJ The area of Tro~ic Palms and Palms of
Delray. formerly receiving- Type F roll-out cart service. shall now be
included in Type A service and shall be charg-ed the existing- rate for
that service.
FAILED ON 2ND & PINAL READING - 9/27/94\
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FAILED ON 2ND & FINAL READING - 9/27/94
(2) For those customers receiving Type B, rear-doorl
side-door service, effective October 1. 1994. the type of service
shall be chang-ed to Type D. curbside in owner's container. ~~'/~,t1t~,
~~_t~, I_~_~~ I~' I$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
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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~
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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:
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- 4 - Ord. No. 73-94
FAiLED ON 2ND' FINAL READING - 9/27/94
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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
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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
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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
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- 7 - Ord. No. 73-94
FAILED ON 2ND & FINAL READING - 9/27/94
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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.
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ref:agmemo5
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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.
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(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
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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
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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
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ref:agmemo16
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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
.
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l : \;: \._ ::' "r ~
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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:
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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
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Second Reading t
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- 2 - Ord. No. 68-94 i
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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
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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
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'UMlUIG IlEl'MncwT LAKE IDA PARK
CITY or 1lI\.M' ~ n.
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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
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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.
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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).
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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.
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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.
,
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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
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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/~
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ref:agmemo15
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[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.
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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.
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(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
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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
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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;
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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
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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;
,
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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
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- 3 - Ord. No. 66-94 i
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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.
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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
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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 ---
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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.
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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.
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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
,
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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.
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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
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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.
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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
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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
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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:
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(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.
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( 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
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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
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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
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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.
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(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
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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
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(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
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- 6 - Ord. No. 80-94
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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.
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[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
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(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
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( 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
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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
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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
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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.
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ref:agmem04
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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
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,
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
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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'
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;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
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!Jf(
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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
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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
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,
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
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I Second Reading
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- 2 - Ord. No. 75-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, ~\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
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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
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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
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* ~
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
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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
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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
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'! 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.
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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
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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
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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
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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
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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:
.
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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
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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
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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.
~ .
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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
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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
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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.
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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
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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.
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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
.
.
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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
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- 2 - Ord. No. 79-94
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--"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
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-.-. -
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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.
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- 4 - Ord. No. 79-94 I
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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:
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- 5 - Ord. No. 79-94 !
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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
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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.
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MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 7 - Ord. No. 79-94
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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
,
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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
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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.
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.
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,
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
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( 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
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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
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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 -
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