04-27-93 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - APRIL 27. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing 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 make your comments, kindly 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, for the record, your name and
address. All comments will 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 from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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City Commission
Regular Meeting
4/27/93
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 does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes:
Regular Meeting of April 13, 1993
Special Meeting of April 20, 1993
6. Proclamations:
A. Arbor Day - April 21, 1993
B. Better Hearing and Speech Month - May 1993
C. National Preservation Week - May 9 through 15, 1993
D. Public Works Week - May 16 through 22, 1993
7. Presentations:
A. Charlotte Durante - Gift from Izumo, Japan
B. All America City - Allstate Foundation
C. David Levy, Smith Barney, Harris Upham and Company, Inc.
8. Consent Agenda: City Manager recommends approval.
A. REFUNDING OF BOND ISSUES: Authorize staff to proceed wi th
the refunding of the 1984 portion of the 1988 Water and Sewer
Revenue Bond Issue and the 1991 Water and Sewer Revenue Bond
Issue and appoint the bond counsel, underwriter and financial
advisor.
B. UNDERGROUND FACILITIES CONVERSION AGREEMENT: Approve an
agreement with Florida Power and Light for engineering services
to relocate an existing overhead utility line to an underground
facility along the seawall at Veteran's park.
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City Commission
Regular Meeting
4/27/93
C. RATIFICATION OF CONSENSUS REGARDING GOLF COURSE CLUBHOUSE
LEASE AGREEMENTS: Ratify the Commission consensus decision to
not to proceed with the golf course clubhouse project as proposed
by Gulf Building Corporation.
D. RATIFICATION OF CONSENSUS REGARDING HERITAGE ASSOCIATION
CONDITIONAL USE APPLICATION: Ratify the Commission consensus
decision to waive further application fees with respect to the
Heritage Association conditional use application.
E. ASSIGNMENT OF LEASE- PURCHASE AGREEMENT WITH EASTMAN KODAK
CREDIT CORPORATION: Approve the assignment of the agreement with
Eastman Kodak Credit Corporation to General Electric Capital
Corporation.
F. RESOLUTION NO. 35-93: A resolution assessing the costs for
abatement action necessary to remove nuisances from 31 properties
located within the City.
G. RESOLUTION NO. 36-93: A resolution assessing the costs for
abatement action necessary to remove nuisances from 18 properties
located within the City.
H. HOPE 3 COOPERATIVE AGREEMENT WITH THE PALM BEACH COUNTY
HOUSING PARTNERSHIP: Approve the Cooperative Agreement with Palm
Beach County which provides that the City will reimburse the
Housing Partnership for . reasonable costs associated with the
development of a new homeownership program in conjunction with
Hope 3 Program.
I. AWARD OF BIDS AND CONTRACTS:
1. Personal Computers ( 8 ) - Planning and Zoning - Dell
Marketing Corporation (via State contract) in the amount of
$15,792 with funding from Renewal and Replacement - Computer
Equipment (Account No. 334-6112-519-64.11).
2. Cabling - Fire Department - Teledata Concepts, Inc. in
the amount of $13,836.86 with funding from Bond Anticipation
Note - Central Fire Station (Account No.
227-2311-522-51.56).
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period April 12
through April 23, 1993.
B. UNIVERSITY DRIVE: Consider commenting on the proposed County
Plan Amendment which would delete University Drive from the
Thoroughfare Right-of-way Identification Map. Planning and Zoning
Board and City Manager recommend approval.
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City Commission
Regular Meeting
4/27/93
C. AGREEMENT WITH HIGHLAND BEACH: Consider an interlocal
service agreement between the City of Delray Beach and the Town
of Highland Beach providing for comprehensive fire and emergency
medical services by the City of Delray Beach within the municipal
boundaries of the Town of Highland Beach. City Manager
recommends approval.
D. PAYROLL CODES FOR POLICE AND FIREFIGHTER PENSION PLAN
PARTICIPANTS: Consider a request from the Police and Fire
Pension Board of Trustees to have pension contributions deducted
from additional payroll code categories.
E. CANCELLATION OF CONTRACT WITH FALKAV, INC. : Cancel the
contract with Falkav, Inc. for the construction of the tennis
center and authorize staff to notify the bonding company. City
Attorney recommends approval.
F. SETTLEMENT OFFER/GUARINE V. CITY OF DELRAY BEACH: Consider a
settlement offer in the Guarine v. City of Delray Beach matter.
City Attorney recommends approval.
G. CANCELLATION OF CONTRACT WITH DEES CO~TRACTING, INC. : Cancel
the contract with Dees Contracting, Inc. for the Rehabilitation
of the 1/2 Million Gallon Elevated Storage Tank and authorize
staff to notify the bonding company. City Attorney recommends
approval.
H. DISCUSSION REGARDING MOVEABLE FIXTURE ORDINANCE: Consider
proposed revisions to the ordinance regulating moveable fixtures.
I. APPOINTMENT TO THE POLICE AND FIRE PENSION BOARD OF TRUSTEES:
Appoint a member to the Police and Fire Pension Board of Trustees
to fill the expired term of John M. Duane.
J. CANVASS RETURNS AND DECLARE RESULTS OF DOWNTOWN DEVELOPMENT
AUTHORITY REFERENDUM ELECTION: Canvass returns and declare the
results of the DDA Referendum Election of April 27, 1993.
10. Public Hearings:
A. ORDINANCE NO. 33-93: An ordinance amending the Code of
Ordinances to provide that service authorizations under a
continuing contract which refer to a separate and distinct
project under $10,000 may be entered into by the City Manager
without City Commission review, acceptance, approval or separate
award.
B. ORDINANCE NO. 34-93: An ordinance amending the Code of
Ordinances to provide clarification that the City Manager or his
designee may execute certain contracts regarding the acquisition
of personal property, supplies, contractual services, change
orders, service authorizations and modifications thereof in
instances where by ordinance a public hearing or review, award,
selection or approval by the City Commission is not required.
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City Commission
Regular Meeting
4/27/93
C. ORDINANCE NO. 35-93: An ordinance amending the Land
Development Regulations to delete the reference to Stormwater
Management and amending the Code of Ordinances to provide for the
payment and collection of Stormwater Management Assessments under
the interim and uniform method of collection.
D. ORDINANCE NO. 36-93: An ordinance rezoning and placing land
presently zoned CBD (Central Business District) in CF (Community
Facilities) district; said land being located at the southwest
corner of N.E. 4th Avenue and N.E. 3rd Street, in conjunction
with the In-Line Booster.Station project.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 38-93: An ordinance amending the City's Code
to provide for a one-time five percent (5%) increase for Police
and Fire retirees and beneficiaries of retirees who retired prior
to October 1, 1990. If passed public hearing May 11th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY DF DELAAY BEA[H
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PROC LA.l/A TlO\
WHEREAS, recognition should be given to the value of
trees in our community and the need for a continual citywide
forestry program for the benefit of all persons; and,
WKEREAS, the holiday to recognize the importance of
trees in our lives has been celebrated in the United States s~nce
April 22, 1987 and is now celebrated in all fifty states and
several countries throughout the world; and,
WHEREAS, the National Arbor Day Foundation in
cooperation with the U.S. Forest Service and the National
Association of State Foresters is sponsoring a community
improvement project known as "Tree City USA" in an effort to make
every community in America a better place in which to live; and,
WHEREAS, Delray Beach has been recognized as a Tree City
USA by the National Arbor Day Foundation and desires to cont~nue
its tree-planting ways; and,
WHEREAS, the protection and proliferation of trees
within the City of Delray Beach is governed by regulations for the
purpose of promoting the health, safety, welfare, and aesthetic
quality of the community by realizing the importance of trees for
oxygen production, carbon dioxide absorption, dust and air
pollution filtration, wind and noise reduction, soil eros~on
prevention, surface drainage improvement, energy conservat~on,
beautification and aesthetic enhancement of all lands in the City;
and,
WHEREAS, the optimum time of year for planting most
species of trees in Southeastern Florida is during the month of
April due to mild temperatures and the beginning of the wet
season,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the third Wednesday ~n
April as
"ARBOR DAY"
in Delray Beach, to be celebrated this year on Wednesday, Apnl
21, 1993, and urge all citizens, schools and organizations in the
community to join with me in realizing the value and need for
trees and to plant a ceremonial tree on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Delray Beach, Florida, to be
affixed this 27th day of April, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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CITY DF DELAAY BEA[H
PROCL.UI.-t Tfr)\
WHEREAS, Self Help for Hard of Hearing People, Inc.
(SHHH) is a volunteer international organization for hard of
hearing people, their relatives and friends; and,
WHEREAS, SHHH is a non-profit, non-sectarian,
educational organization devoted to the well being of those who
do not hear well but are committed to participating successfully
in society; and,
WHEREAS, SHHH played a vital role in establishing the
National Institute of Deafness and Other Communication Disorders
and participated in the development and passage of the Americans
With Disabilities Act of 1990; and,
WHEREAS, the 260 local affiliates in 48 states,
representing approximately 8,500 volunteers, work in and around
their communities to reflect the organization's priorities of
awareness, access, education and employment; and,
WHEREAS, May is Better Speech and Hearing Month
nationally.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the month of Mayas
"BETTER SPEECH AND HEARING MONTH"
in Delray Beach, and use this opportunity to spread awareness and
understanding of the "invisible condition" of hearing loss.
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 April, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELAAY BEA[H
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PROCL-UI.-t nr)\
WHEREAS, Historic preservation helps provide a deeper
understanding of the diversity of our uniquely American heritage;
and,
WHEREAS, Historic preservation enhances the livability
of communities, from large metropolitan cities to small, rural
farming towns across America; and,
WHEREAS, Preservation Week 1993 provides an opportunity
for citizens of all ages and all cultures to make the connection
between historic preservation and the aesthetic, environmental
and economic well-being of their communities; and,
WHEREAS, "Preservation and Livable Communities: Make
the Connection!" is the theme for Preservation Week 1993,
co-sponsored by the Historic Palm Beach County Preservation Board
and the National Trust for Historic Preservation.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim May 9 through May 15, 1993, as
"NATIONAL PRESERVATION WEEK"
and call upon the people of Delray Beach, Florida, to recognize
and participate in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 27th day of April, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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CITY DF DELAAY BEA[H
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PROCLA.l/A TfO\
WHEREAS, Public Works services provided in our
community are an integral part of our residents' everyday lives;
and,
WHEREAS, the health, safety, and comfort of our
citizenry greatly depend on these services; and,
WHEREAS, the support and understanding by an informed
citizenry is vital to the fiscal management of Public Works'
systems and programs; and,
WHEREAS, the quality and effectiveness of Public Works'
activities, as well as planning, design, and construction, is
vitally dependent upon the efforts and skills of employees
working for governmental entities and of businesses whose
livelihood is from the Public Works' industry; and,
WHEREAS, the efficiency and morale of the qualified
and dedicated personnel who work iR the Public Works' profession
is materially influenced by the publics' attitudes and
understanding of the importance of the work they perform.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim May 16 through May 22, 1993, as
"PUBLIC WORKS WEEK"
in Delray Beach, Florida and encourage all citizens to acquaint
themselves with the issues involved in providing Public Works'
activities and to recognize the contributions which public works
personnel make every day to our health, safety, comfort, and
quality of life.
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 April, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
C,D
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K. ANTHONY DURANTE
ROPIA 8 1-D
8-J~12-39
Fukagawa-shi, Hokkaido 074
JAPAN
Thomas E. Lynch, Mayor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
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Dear Mayor Lynch,
As you know, I have come to Japan as a servant of the Lord and His church
and as an English language teacher. Also, as set forth in your Proclamation
to me, I am to serve as a good will ambassador between the citizens of
Delray Beach and the citizens of Japan. My being here has in an insignificant
way, put our beloved City of Delray Beach on the map for at least a few
in Japan. I am always quick to tell the acquaintances I make here about
our sister city relationship to the Japanese city of Miyazu, and about
the Morikami museum and how it is the only museum in the United States
devoted entirely to Japanese culture.
Since my arrival here, I've had the opportunity to travel to the southwestern,
sea side area of Japan and visit friends in Shimane Prefecture's Izumo
city. A town of little more than 83,000 population. The city's name
itself is hardly known in Tokyo, nonetheless, its acclaimed Izumo-Taisha
Shrine is very well known. The shrine is the oldest shrine in Japan
and reqistered as a national treasure. Thousands climb the steps of
this shrine every year to make donations to its upkeep. Moreover, Japan's
former Prime Minister, Takeshita, is also from Shimane Prefecture and
is a local hero of Izumo and Shimane Prefecture area.
While in Izumo, I was the house guest of the Terado family for one week.
Naohiro Terado, formerly a student at Lynn University in Boca Raton,
was a guest at my house in Delray Beach for three weeks in October, 1991.
In December, 1991, Naohiro's father, Masahiro Terado, who is Vice-Chairman
of the Izumo City Council, travelled to Florida and among other place,
visited with us in Delray Beach. He was given a tour of Delray's City
Hall and met some City Officials, department heads and met both the Police
and Fire Chief at their headquaters. A similar courtesy was extended
to me in Izumo. Vice-Chairman Terado introduced me to the Mayor and
other City Officials and showed me Izumo's City Hall. As is Japanese
custom, naturally, gifts were given to me from the City of Izumo, one
of which to be given to the City of Delray Beach. It is a flower vase
and quite priceless. Since I won't be back to Delray for another two
years, I am shipping it to my mother to give to you. I hope it arrives
unbroken.
The hospitality shown to me in Izumo was more gracious and friendly than
I can express enough thanks. Thought you'd like to know about the kindness
shown to me. Enclosed is Masahiro Terada's address so that you may let
him know that you received the gift and received word of the wonderful
hospitality which he and his city showed to a citizen of Delray Beach.
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It was truly a delight to represent Delray Beach in Izumo, I hope for
more opportunities to do so again during the next two years. Keep me
in your prayers as I also go about the business of performing my Christian
missionary duties here in Japan.
Servant,
((. 1 L(
K. Anthony Durante
. February, 1993
Postscript:
Address for Masahiro Terado, Vice Chairman
Izumo City Council
Izumo City Hall
109-1, Imaichi-cho
Izumo-City, Shimane-Prefecture 693
JAPAN
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VYM Tokyo Diary
by Tony Durante
I've visited Japan before; this is my fourth time.
On October 17th, we spent the day visiting various places as part
of the VYM "Discover Tokyo" orientation program. From windows on
the 45th floor at the Metropolitan Government Building, the
highest building in Tokyo, all I could see was a vast mass of
roofs. We also went a kissaten (coffee house) and I was amazed
to see the place was filled with people. We rode on the clean
Tokyo subway. In my opinion, Tokyo is cleaner than New York, and
you hardly see anyone suffering from poverty. But when I saw the
mass of housing from that 45th floor window, I thought some
unfortunate people must live under some of those roofs.
At the end of October, we went to Tenjo Sanso in Izu,
Shizuoka, for a VYM retreat. The mountains and river - even the
weather was wonderful. I saw a very high waterfall. Listening
the sound of water and wind, I thought I was hearing the voice of
God. When I climbed the mountain, many Japanese said hello to
me. This was so refreshing because in crowded city trains
Japanese do not say anything to strangers. I felt I had met
the real Japanese while I was at Tenjo.
My previous three visit to Japan were in summer. I've never
seen Japanese autumn foliage except in pictures, so this was the
first time I was seeing it for myself. In Tokyo, all I see are
buildings, but in the countryside I at last found the foliage.
Standing in the forest like that, quiet and cool, it was easy to
hear the voice of God in my heart. Climbing that mountain in
Japan I received the blessinq of God.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fiv1
SUBJECT: AGENDA ITEM :It gA - MEETING OF APRIL 27. 1993
REFUNDING OF BOND ISSUES
DATE: April 23, 1993
This item is before you to authorize staff to proceed with the
refunding of the 1984 portion of the 1988 Water and Sewer Revenue Bond
Issue and the 1991 Water and Sewer Revenue Bond Issue; and to appoint
the bond counsel, underwriter and financial advisor for the refunding.
Staff recommends that Mudge Rose Guthrie Alexander and Ferdon be
appointed as bond counsel; Smith Barney, Harris Upham and Company,
Inc. , as underwriter; and Public Financial Management, Inc. , as
financial advisor.
Recommend staff be authorized to proceed with the refunding of the
1984 portion of the 1988 Water and Sewer Revenue Bond Issue and 1991
Water and Sewer Revenue Bond Issue and the appointment of Mudge Rose
Guthrie Alexander and Ferdon as bond counsel; Smith Barney, Harris
Upham and Company, Inc. , as underwriter; and Public Financial
Management, Inc. , as financial advisor for the refunding.
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Agenda Item No. :
AGENDA REQUEST
Date: 04-23-93
Request to be placed on: '
X Regular Agenda Special Agenda Workshop Agenda
When: 04-27-93
Description of agenda 1tem (who, what, where, how much):
Smith Barney will be making a presentation to the City Commission by
cost savin
issue., A selection 0
the City Commission.
ORDINANCE/ RESOLUTION REQUIRED: YES (iQ) Draft Attached: YESQ;l~'
Recommendation: The Director of Finance recommends: (1) Proceed with the proposed
1993 Water/Sewer Refunding Bond issue. (2) Appoint Smith Barney as lead managing under-
writer~ Public Financial Management as financial advisor and Mudge Rose as bond counsel
as team members for this refundin .
Department Head Signature:
Determination of Consistency
n/a
City Attorney Review/ Recommendation (if.applicablel:
n/a
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
~, tff-~
Approved for agenda: &/ NO
Hold Untll:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph
Director
SUBJECT: Refunding of 988 Water/Sewer Bond Issue (1984 Portion) and
1991 Water/Sewer Bond Issue
DATE: April 23, 1993
Per the discussion at the City Commission Workshop of April 20, 1993, we
would respectfully request that the following team members be approved to
handle the refunding of the 1988 Water/Sewer Bond Issue (1984 portion) and
the possible refunding of the 1991 Water/Sewer Bond Issue:
Bond Counsel: Mudge Rose Guthrie Alexander and Ferdon
Suite 900, Northbridge Centre
515 North Flagler Drive
West Palm Beach, Florida 33401-4334
CONTACT: Mr. Stephen D. Sanford
Underwriter: Smith Barney, Harris Upham and Company, Inc.
Barnett Centre
625 North Flagler Drive, Eighth Floor
West Palm Beach, Florida 33401
CONTACT: Mr. David Levy
Financial Advisor: Public Financial Management, Inc.
Barnett Plaza
201 South Orange Avenue, Suite 720
Orlando, Florida 32801
CONTACT: Mr. Thomas F. Huestis
Mr. David Levy of Smith Barney will be making a presentation of the
preliminary cost savings analysis of these refunding Bonds at the City
Commission meeting of April 27, 1993.
JMS/sam
Attachment (Agenda Request)
cc: Rebecca S. O'Connor, Treasurer
"~ !lId,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (::.;~ 1
SUBJECT: AGENDA ITEM # 16 - MEETING OF APRIL 27. 1993
UNDERGROUND FACILITIES CONVERSION AGREEMENT
DATE: April 23, 1993
This item is before you to approve the Underground Facilities
Conversion Agreement with Florida Power and Light for engineering
services to relocate an existing overhead utility line to an
underground facility along the seawall at Veteran's Park. In this
revised agreement, the cost for engineering services is $40,774
($37,067 plus 10% contingency).
At the October 13, 1992 regular meeting the Commission approved the
relocation of the line and authorized Florida Power and Light to
provide engineering services in the estimated amount of $33,700.
Subsequently, staff was notified that the project had been
re-engineered; with a revised cost estimate of $58,858.
The City Attorney's Office has raised some concerns with regard to the
agreement; a copy of which is attached. The response to those
concerns is as follows:
-The cost which is approximately $18,084 less than the last
estimate.
-The easements will be worked out and appropriate legal
descriptions provided to Florida Power and Light.
-The park was designed to accommodate underground facilities.
-Florida Power and Light will not indemnify the City.
-Florida Power and Light will not give a time certain for
completing the work. They have however, indicated that they will
move early to complete the project in a timely manner.
Recommend approval of the Underground Facilities Conversion Agreement
with Florida Power and Light in the amount of $40,774.
.
.
.
'"
~ "
r~TY DF DELAAY BERtH
-'.< '''',i:'O;INEV.S n~fj <y' ,"
;~Jrt u~ :H5t Wr.1.t_r'. D.1.r_at :E...1.n_
(407) 243-7090
MEMORANDUM
Date: April 21, 1993
To: ~ichard Hasko, Assistant City Engineer
. Howard Wight, Construction Manager
From: ~d N. Tolces, Assistant City AttorneJ)(
Subject: FPL Facilities Conversion Agreement
PN 91-049
I reviewed the above agreement and have the following comments.
It appears that the most the City would have to pay under
Paragraph 2 of the agreement is $40,774.00 ($37,067 + 10%). Is
that amount more or less than the previously quoted price?
There is no listing of easements necessary to accommodate the
facilities in Attachment B. We need FPL to inform the City as
to what easements they will require. (See Paragraph 3).
Is the park designed to accommodate the underground service as
proposed? (See Paragraph 5(a)).
While I do not think FPL will agree to indemnify the City, I
think they should be willing to reimburse the City for any
damage done by their work. See what they say about
indemnifying the City for losses or damages resulting from
their work.
Finally, Paragraph 9 should include a time certain by which FPL
will complete the work. Whether it is 60 or 90 days, FPL
should be able to pinpoint a target date.
If you have any questions, please let me know.
DNT: sh
fpl-2.dnt
.
.
. Box 2409, Delray Beach, FL 33447.2409
F=PL
April 16, 1993
Howard Wight
City Of De/ray Beach
100 NW 1 Ave. .
Delray Beach, FL 33444
Re: Veteran's Park Underground Facilities Conversion Agreement
Dear Mr. Wight:
Enclosed to the Underground Facilities Conversion Agreement for the FPL facilities in
Veteran's Park. Please submit this agreement for signing by the appropriate municipal
official as soon as possible. Upon receipt of the original copy of signed agreement and
completion of all required items by the City as outlined in the agreement, I will release this
project to our Construction Services Department
If you require any additional information, please call me at (407) 265-3104.
Sincerely,
/fr;~
A. G. Russillo, Jr.
FPL Account Manager
cc T. Robinson-FPL
(LtLfl J tf) v;J!J ('0
$ otLlIJ
4/1' ,JI~ {J~1I;J
U I LIOf&
an FPL Group company
.
FPL-Oelrey Beach
Conversion Agreement
Page 2
conversion construction schedule, then the Applicant shall pay FPl the costs associated with maintaining
service to said customer through an overhead service drop. The cost for maintaining an overhead service
drop shall be $789 per service drop.
6. The Applicant further agrees to the following:
.
(a) The Applicant shall be responsible for all restoration of, repair of, or
compensation for, property affected, damaged, or destroyed, to
accommodate the installation of underground distribution facUlties and the
removal of FPl's overhead distribution facUlties;
(b) the Applicant shall Indemnify FPl from any claim, suit, or other
proceeding, which seeks the restoration, or repair of, or compensation for,
property affected, damaged, or destroyed, to remove existing facilities or
to accommodate the installation of underground distribution facUlties
arising from or brought as a result of the Installation of underground
distribution facilities;
(c) the Applicant shall clear the easements provided to FPl of trees, tree
stumps and other obstructions that conflict with construction or Installation
of underground distribution facilities In a timely manner consistent with
FPl's construction schedule.
7. The Applicant shall be responsible for all trenching, conduit Installation, and backfilling for the entire
project In accordance with FPl standards, utilizing FPl supplied conduit. Applicant agrees to rectify any
deficiencies found by FPl prior to the InstaJlatlon of FPl electric cable. In the event the trenching, conduit
installation, and backfilling are not corrected to meet FPl standards this contract shall terminate and FPl
will retain the CIAC and maintain Its present overhead distribution system identified for conversion by
Attachment A.
8. An underground distribution system will be provided by FPl In accordance with FPl's current design and
construction standards. FPl will design, Install, own, and maintain the electric distribution facilities up to
the designated point of delivery, except as otherwise noted herein.
9. Upon payment of the CIAC specified in paragraph 1 above and the Applicant's compliance with the
requirements, terms, and conditions specified herein, FPl will proceed In a timely manner with the
conversion of the existing overhead distribution facilities to an underground configuration In accordance with
the construction drawings and specifications set forth in Attachment A hereof.
10. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this agreement
shall result In termination of this agreement. The Applicant may terminate this agreement at any time prior
to the start of construction and the CIAC paid by the Applicant will be refunded to the Applicant, provided
however, that the refund of the CIAC shall be offset by any costs incurred by FPl in performing under the
agreement up to the date of termination.
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~
FROM: CITY MANAGER(ftr
SUBJECT: AGENDA ITEM # &'(3 - MEETING OF APRIL 27, 1993
RATIFICATION OF CONSENSUS REGARDING GOLF COURSE CLUBHOUSE
PROPOSAL
DATE: April 23, 1993
At the April 13th regular meeting, John Collins, representing Gulf
Building Corporation, presented their offer for development of the
Golf Course Clubhouse. The proposed agreement calls for the City to
lease a piece of ground to Gulf Building Corporation for $10 a year on
which they would build a $3,083,000 facility from their own sources
of revenue. Gulf Building Corporation would, in turn, lease that
building to the City for a period of twenty (20) years, conditioned
upon the appropriation of funds. If the City should not appropriate
the approximate $275,000 a year payment each year in its budget, the
lease would be terminated and Gulf Building Corporation would operate
the facility itself.
Following a lengthy discussion, Mayor Lynch requested a consensus
from the Commisson on whether or not to pursue the proposal as
recommended with the results as follows: Dr. Alperin - Yes; Mr.
Ellingsworth - No; Mrs. Smith - No; Mr. Randolph - Yes; Mayor Lynch -
No (3 to 2 against continuation).
before . City
This item is you, at the request of the Attorney, to
ratify the consensus action taken at the April 13, 1993 regular
meeting.
Recommend ratification of the consensus action taken by motion and
vote at the April 13, 1993 regular meeting with regard to the Golf
Course Proposal and lease agreements.
7;t~JUd, p 7 7l:: /t~.~
~ 'j/lA- ~/J
~'TY DF DELAAY BERtH
fORNEY'S o~~r'.:~
'0'-' . < .. .("t Writer's Direct Line
(407) 243-7091
MEMORANDUM
F1~C~!VED
1993 .
DATE: April 20, APR 2 J f99J
TO: City Commission CITY MANAGEr:rS OFFICE
FROM: Susan A. Ruby, City Attorney
SUBJECT: Golf Course Proposal and Leases
On April 13, 1993 the City Commission consensus was not to
proceed with the Golf Course Proposal presented by Gulf and as
outlined in the proposed leases from Gulf. It is appropriate
that you ratify the consensus action taken by motion and vote
at this meeting.
By copy of this memorandum to David Harden, City Manager, our
office requests that this ratification of the consensus taken
at the Ap 13th meeting be placed on the consent agenda for
City Co i ion action.
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
,
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM :It ~D - MEETING OF APRIL 27. 1993
RATIFICATION OF CONSENSUS REGARDING HERITAGE ASSOCIATION
DATE: April 23, 1993
At the April 20th workshop meeting the Commission, by consensus,
agreed to waive additional application fees for the Heritage
Association in conjunction with the resubmittal of their conditional
use application. This item is before you to ratify that consensus.
Recommend ratification of the Commission consensus to waive additional
conditional use application fees for the Heritage Association.
,
.
, '1/ ., 7 (',/(-, ) C'-
.
[ITY DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSlt.1ILE 407/278.4755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: April 21, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Waiver of Fees - Heritaqe Association
The purpose of this agenda item is to ratify the consensus
direction of the City Commission to waive conditional use
application fees in this matter.
The City Commission at its workshop agenda discussed the
Heritage Association's proposal for further consideration of
its previous conditional use request. The applicant was
amenable to a resubmission of its application through the
process. The Commission in light of the unique circumstances
of this particular case, by consensus agreed to a waiver of
conditional use appreciation fees.
By copy of this memorandum to David Harden, our office is
that this matter be placed on the April 27, 1993
enda for approval.
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
David Kovacs, Director of Planning and Zoning
'. ,.h,'
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJ;vJ
SUBJECT: AGENDA ITEM * ge - MEETING OF APRIL 27, 1993
ASSIGNMENT OF LEASE PURCHASE AGREEMENT WITH EASTMAN KODAK
CREDIT CORPORATION
DATE: April 23, 1993
This item is before you to approve the assignment of the lease
purchase agreement with Eastman Kodak Credit Corporation (EKCC) to
General Electric Capital Corporation.
The lease purchase agreement is for the microfilm equipment, hardware
and software situated in the City Clerk's office. General Electric
Capital Corporation acquired EKCC effective as of January 1, 1993.
All other terms and conditions of the lease purchase agreement remain
in effect.
Recommend approval of the assignment of the lease purchase agreement
with Eastman Kodak Credit Corporation to General Electric Capital
Corporation.
"
.
'1/, -;' .
~'e-1/': . "'C/"~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: April 21, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Lease Purchase Agreement Between Eastman Kodak Credit
Corporation and the City of Delray Beach / EKCC
Reference Number G05388
The City entered into an Agreement from Eastman Kodak Credit
Corporation on October 31, 1991. Effective January 1993 GE
Capital Corporation acquired Eastman Kodak Credit Corporation.
The Agreement with Eastman Kodak Credit Corporation requires
City consent to assignments. Eastman Kodak Credit Corporation
wishes to assign the Agreement to GE Capital.
By copy of this memorandum, our office is requesting the lease
purchase agreement assignment be placed on the City Commission
consent agenda for April 27, 1993.
~
Attachment
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Director of Finance
Becky O'Connor, Treasurer
'. ..,.,
. - -
, - - -
~ =' .:=..: ~.':"
-
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-- - ..........,,"",..-_-.-......---,-"'-~...--........_..'"'>.-.,.----,........_~.. -,....- -.
April 7, 1993
City Of Delray Beach
100 Nw 1St Avenue
Delray Beach, FL 33444
Attn: Becky O'Conner City Treasurer
Re: Lease-Purchase Agreement between EKCC and City Of Delray Beach
EKCC Rcf,~r,~ncc Number G053R8
Dear Becky :
You have leased certain equipment from Eastman Kodak Credit Corporation pursuant to the above-referenced lease agreement (the
"Lease"). As you may be aware, General Electric Capital Corporation ("GE Capital") acquired EKCC effective as of January I, 1993.
The corporation's name has been changed to Imaging Financial Services, Inc. and it is currently operated as EKCC.
In connection with internal restructuring, EKCC desires to assign all of its interests in the Lease, its rights to receive payments under
the Lease and its rights in the Equipment subject to the Lease to GE Capital. All obligations of the lessor under the lease will
continue to be the responsibility ofEKCC. City Of Del ray Beach's consent to such assignment is hereby requested by EKCC.
Enclosed you will find a form of Assignment/Consent To Assignment. EKCC has agreed to make the assignment and GE Capital
has agreed to accept the assignment. You are requested to consent to the assignment by (1) duly executing the "Lessee's Consent"
portion of the form and returning it in the enclosed envelope not later than April 28, 1993, and (2) reflecting the assignment on the
registration records main~ by City OfDelray Beach in accordance with Section 149(a) of the Internal Revenue Code of 1986, as
amended.
For purposes of Internal Revenue Service reporting, the federal tax identification number of General Electric Capital Corporation is
13-1500700.
The assignment will be effective upon receipt by EKCC of an originally signed copy of the enclosed form. GE Capital has arranged
for EKCC to continue the administration and servicing of the Lease. Therefore, all payments due under the Lease should continue to
be made to:
EKCC
P.O. Box 22138
Rochester, New York 14673-0138
The consent of City Of Delray Beach shall constitute a modification of any term of the Lease limiting or otherwise prohibiting
assignments so as to permit the assignment to GE Capital.
If you have any questions regarding the assignment process, please feel free to call EKCC's Customer Service line at (800) 356-3251.
Thank you in advance to your prompt attention to this matter.
Sincerely,
~/~
Burgess L. Elliott, III
President
Enclosure
EKCC ' 100 Kings Higllway SOUlll . Suite 2000 . Rocllestel', New York 14617-5597 (71(;) 7 1 IQ'35
"
.
Assignment/Consent To Assignment
Equipment Lease-Purchase Agreement 005388
Lessor: Imaging Financial Services, Inc. d/b/a EKCC
(formerly Eastman Kodak Credit Corporation)
Lessee: Name: City Of Delray Beach
Address: 100 Nw 1St Avenue
Delray Beach, FL 33444
Legal Entity:
(Give Type of Political Entity)
Fiscal Year Ends:
(MonthlDay)
Assignment
FOR V ALUERECEIVED, Lessor (hereafter called "Assignor") hereby sells, assigns and transfers GENERAL ELECTRIC CAPITAL
CORPORATION, a New York corporation with administrative offices at 260 Long Ridge Road. Stamford, Connecticut 06905, its successors and
assigns ("Assignee"), and Assignee accepts such sale, assignment and transfer of all Assignor's right, title and interest in and to the above-
referenced Lease-Purchase Agreement by and between Assignor and Lessee ("Lease"), together with the Equipment described therein, excluding,
however, any obligations of Assignor, which obligations, whether arising before or after the effective date of this Assignment, are expressly not
assigned or delegated. Assignor represents and agrees: that, subject to Lessee's consent to this Assignment, it has full power, authority and legal
right to enter into and perform its obligations under this Assignment, and to transfer all right, title and interest in and to the Lease, all stUDS due
thereunder and the Equipment; that the Lease, the rents and the Equipment are free and clear of all claims, liens, security interests, and
encumbrances of any kind and character (except the rights of the Lessee); and the Assignor shall assume full responsibility for veritying that this
Assignment is properly entered in the books of the Lessee. This Assignment shall be effective upon receipt by Assignee of a duplicate of this
document with the "Consent To Assignment" duly executed by Lessee.
Imaging Financial Services, Inc. d/b/a EKCC General Electric Capital Corporation
By: By:
(Si~re & Title) (Signature & Title)
----
Consent To Assignment
TO THE LESSEE:
Lessor/Assignor hereby requests that you consent, by execution of this Consent To Assignment, to the assignment by
Lessor/ Assignor of all of its right, title and interest in and to the Lease to Assignee. Any term of the Lease limiting or
prohibiting assignments by Lessor/Assignor is hereby modified to permit the assignment to Assignee. By execution of this
Consent To Assignment, Lessee represents and agrees: that it has duly authorized and executed this Consent To
Assignment; that it has reflected the transfer to Assignee on the registration records of Lessee maintained in accordance
with Section 149(a) of the Internal Revenue Code of 1986, as amended; and that it will make all payments due under the
Lease to the Assignee as follows:
ASSIGNEE: GENERAL ELECTRIC CAPITAL CORPORATION (E.I.N. 13-150(700)
PAYEE: EKCC (All checks are to be made payable to EKCC)
ADDRESS: P.O. Box 22138
Rochester, NY 14673-0138
Tel: (800) 356-3251
LESSEE: City Of Delray Beach
By:
(Signature & Title)
'.
.
" ~
l LEASE CONTROL G 05~88
.1 . EASTMAN KODAK CREDIT CORPORATION
.~TATE and LOCAL GOVERNMENT
EQUIPMENT LEASE-PURCHASE9AG~ ElifW!(j
LESSOR: Eastman Kodak Credit corporatloNQile/Efn ~Ied "Lessor")
ADDRESS: 343 State Street . I 10: 54
Rochester, New York 14650
LESS~E NAME (Full Legal N
(~ f-
ADDRESS EK SHIP TO CUSTOMER NO.
{}O
CITY ZIP CODE PURCH. ORDER NO.
<.( 3)LfiY-
PERSO AREA CODE PHONE NO. EXTENSION
407 2- - 7oY-O
ATTENTION
CITY COUNTY STATE ZIP CODE
EQUIPMENT LOCATION: ~RIMARY ADDRESS o BILLING ADDRESS
o OTHER (SPECIFY):
QUANTITY EQUIPMENT DESCRIPTION (or reference sale number(s))
1
LEASE TERM LEASE PAYMENT ADVANCE LEASE PAYMENT
<:;;0 payments of $ $.!::f ~ ~ 2. g each First lease payment of $
months (payable .Mmonthly 0 quarterly) shall be delivered to Lessor at time of signing this
A TT ACH TAX EXEMPT CERTIFICATE Agreement.
LEASE COMMENCEMENT DATE ATTACH ORIGINAL PURCHASE ORDER
ADDITIONAL DATA:
TERMS AND CONDITIONS
1,' LEASE. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, subject to the terms
and conditions of this Equipment Lease-Purchase Agreement (the .. Agreement"), the equipment described
above (the "Equipment").
2. TERM. This Agreement will become effective when executed by both Lessor and Lessee. The lease term
("Lease Term") will commence on the date the Equipment is delivered and installed ("Lease Commencement
Date") and. unless earlier terminated as expressly provided for in this Agreement, will continue thereafter for
the full number of calendar months set forth above. Lessee authorizes Lessor to insert the Lease Commence-
ment Date in the blank space provided above.
3. RENT.
(a) Lessee agrees to pay Lessor aggregate rent for the Lease Term equal to the sum of all rental"pay-
ments, including the interest portion, set forth in the attached Payment Schedule (" Rent"). Payments of Rent
shall commence on the Lease Commencement Date and shall continue on the same day of each consecutive
month or quarter thereafter, as set forth in the Payment Schedule. Any payment of Rent and any other sums
payable hereunder which remain overdue for more than ten days shall bear interest at the highest lawful rate
from the due date. All payments provided for herein shall be payable without notice or demand at the office of
Lessor at 343 State Street, Rochester, New York 14650, or at any other place designated by Lessor. Except as
k7dOO8
'.
., ) (~t- ,:. ," ..._
1 expressly provided in Section 5 below. all payments of Rent shall be absolute and unconditional in all
. ! events and will not be subject to any abatement, reduction, setoff, defense or counterclaim for any reason
whatsoever. .
(b) lessee reasonably believes that funds can be obtained in amounts sufficient to make all Rent payments
during the lease Term and hereby covenants that it will do all things lawfully within its power to obtain. maintain
and properly request and pursue funds from which Rent payments may be made, including making provisions
for such payments to the extent necessary in each budget submitted to its governing body for the purpose of
obtaining funding, using its best efforts to have such portion of the budget approved, and exhausting all avail-
able administrative reviews and appeals in the event such portion of the budget is not approved. Lessee
intends to make Rent payments for the full Lease Term if funds are legally available for that purpose. Lessee
represents that the use of the Equipment is essential to Lessee's proper, efficient and economic opera!ion.
4. DELIVERY AND INSTALLATION. Lessor will cause the Equipment to be delivered to Lessee at the location
specified above. Lessee will pay all transportation and other costs, if any, incurred in connection with the
delivery and installation of the Equipment.
5. NONAPPROPRIA TION OF FUNDS.
(a) In the event that no funds or insufficient funds are appropriated by Lessee's governing body or are
otherwise legally available by any means whatsoever in any fiscal period for the payment of Rent due under
this Agreement during such fiscal period, this Agreement shall terminate on the last day of the fiscal periOd for
which appropriations were received, without penalty or expense to Lessee of any kind whatsoever, except with
respect to portions of the Rent for which funds shall have been ap'propriated or are otherwise legally available.
Lessee shall notify Lessor of nonappropriation within ten days of its occurrence. In the event of termination for
nonappropriation, Lessee shall, at its expense, immediately return the Equipment to Lessor at the nearest
Kodak Regional Distribution Center.
(b) Notwithstanding the foregoing, Lessee shall not cancel this Agreement pursuant to this Section 5 if any
funds are appropriated to it. or by it, for the acquisition, retention, or operation of the Equipment or other
equipment performing functions similar to the Equipment for the fiscal period in which the termination occurs
or the next succeeding fiscal period thereafter. Furthermore, Lessee will not during the Lease Term give
priority in the application of funds to any other functionally similar equipment. This Section 5 will not be con-
strued to permit Lessee to terminate this Agreement for the purpose, directly or indirectly. of replacing the
Equipment with any other equipment, services or contractual arrangements which will perform substantially the
same function as performed by the Equipment.
6. DISCLAIMER OF WARRANTIES. Lessee acknowledges that Eastman Kodak Company ("Kodak") and Les-
sor are separate entities and that neither Lessor nor Kodak acts or has acted as an agent for the other. No
representation or promise made by Kodak will be deemed made by or binding upon Lessor. LESSOR HAS
NOT MADE AND DOES NOT NOW MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EX-
PRESS OR I~D, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO
THE DESIGN, 0 RATION OR CONDITION OF THE EQUIPMENT OR THE MERCHANTABILITY OR FITNESS
OF THE EQUIPMENT FOR A PARTICULAR PURPOSE. LESSOR WILL HAVE NO LIABILITY TO LESSEE OR
THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR
NATURE ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE EQUIPMENT. Lessor assigns
to Lessee, for the Lease Term, all of Kodak's standard warranties with respect to the Equipment and author-
izes Lessee to obtain, at Lessee's expense. the customary services furnished in connection with those warran-
ties.
7. LESSEE'S REPRESENTATIONS. Lessee represents, covenants and warrants that: (a) Lessee is a state or
fully constituted political subdivision or agency thereof; (b) the execution. delivery and performance by Lessee
of this Agreement have been duly authorized by all necessary acts on the part of Lessee; (c) this Agreement
constitutes a legal. valid and binding obligation of Lessee enforceable in accordance with its terms; (d) Lessee
will do or cause to be done all things necessary to preserve and keep the Agreement in full force and effect;
(e) Lessee has complied with all bidding requirements where necessary and by due notification presented this
Agreement for approval and adoption as a valid obligation on its part; (f) Lessee has sufficient appropriations
or other funds available to pay all amounts due hereunder for the current fiscal period; (g) Lessee will comply
with the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as the
~me may be amended from time to time (the "Code"), such compliance to include but not be limited to the
execution of information statements requested by Lessor; (h) Lessee will not do, cause to be done or fail to do
any act which will cause the Agreement to be an arbitrage bond within the meaning of Section 148(a) of the
Code; (i) Lessee will not do, cause to be done or fail to do any act which will cause this Agreement to be a
private activity bond within the meaning of Section 141 (a) of the Code; (j) Lessee will not do, cause to be
done or fail to do any act which will cause any interest derived under this Agreement to be or become subject
to federal income taxation under the Code; and (k) Lessee will be the only entity to own, use and operate the
Equipment during the Lease Term.
8. TITLE. On the Lease Commencement Date, and subject to the terms and conditions of this Agreement,
title to the Equipment will vest in Lessee. Upon the occurrence of any of the following events, title to the
Equipment will automatically revert to Lessor without any action by Lessee: (a) the termination of this Agree-
ment prior to the end of the full Lease Term as a result of the nonappropriation of funds or for any other r.eason
whatsoever; (b) the occurrence of an Event of Default as defined in Section 20; or (c) Lessee's failure to
exercise its purchase option on or prior to the end of the Lease Term.
9. SECURITY INTEREST. Lessee grants to Lessor a first and prior security interest in any and all right, title
and interest of Lessee in the Equipment and in all additions, attachments, accessions and substitutions
thereto, and in any proceeds therefrom. Lessee agrees that this Agreement may be filed as a financing
.,
1 statement evidencing lessor's security interest and agrees to execute and deliver all financing statements,
certificates of title, and other instruments necessary or appropriate to evidence or perfect lessor's security
lnterest.
10. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be
affixed to or a part of the real estate on which it may be located. If requested by lessor, lessee shall, at
lessee's expense, furnish a landlord or mortgagee waiver with respect to the Equipment.
11. USE AND REPAIRS. lessee will operate and maintain the Equipment as specified by the manufacturer, in
accordance with all applicable laws, ordinances, insurance policies, and regulations, and for governmental
purposes only. All operating and maintenance costs with respect to the Equipment will be borne by lessee.
lessee, at its own cost and expense, will keep the Equipment in good repair, condition and working order and
will furnish all required parts and servicing.
12. Al TERA TIONS. lessee will not, without Lessor's prior written consent, affix or install any accessery,
equipment or device on any Equipment unless it may be readily removed without damage to the Equipment.
13. lOCATION AND INSPECTION. Lessee will not permit the Equipment to be removed from the location
specified above without Lessor's prior written consent, not to be unreasonably withheld. Lessor will have the
right from time to time during normal business hours to enter upon Lessee's premises or elsewhere for the
purpose of confirming the existence, condition or proper maintenance of the Equipment.
14. RISK OF lOSS. Lessee will bear all risk of loss, damage to or destruction of the Equipment. If any item of
Equipment is lost, stolen, destroyed or damaged beyond repair for any reason, Lessee will promptly notify
Lessor and, at Lessor's option, either: (a) replace the Equipment with like equipment in good repair; or (b)
pay to Lessor, on the next Rent payment date, all amounts then owed by Lessee to lessor under this Agree-
ment, including the Rent payment due on such date, plus an amount equal to the applicable Concluding
Payment set forth in the Payment Schedule. In the event that Lessee is obligated to make such payment with
respect to less than all of the Equipment, lessor will provide Lessee with the pro rata amount of the Rent
payment and the Concluding Payment allocable to the Equipment which has suffered the event of loss. Lessor
will also provide a revised Payment Schedule setting forth the Rent payments and Concluding Payments for the
remainder of the Lease Term.
15. INSURANCE. Lessee shall, at its expense, maintain at all times during the Lease Term, public liability and
property damage insurance with respect to the Equipment in such amounts, covering such risks, and with
such insurers as shall be satisfactory to Lessor. Alternatively, with Lessor's prior written consent, Lessee may
self-insure against any such risks. In no event will the insurance limits be less than the amount of the then
applicable Concluding Payment with respect to the Equipment. Each insurance policy shall name lessor as an
additional insured or loss payee and shall provide that lessor shall be notified of any.proposed cancellation of
such policy thirty days prior to the date set for cancellation. The proceeds of the policies shall be payable to
lessee and lessor as their interests may appear under the terms and conditions of this Agreement. Upon
request, Lessee will furnish to Lessor a certificate of insurance or other evidence satisfactory to lessor that
adequate insurance coverage on the Equipment is in effect. If Lessee has been permitted to self-insure,
: lessee shall, upon request, furnish Lessor with a letter or certificate to that effect. In the event of any loss,
damage, inju~accident involving the Equipment, Lessee will promptly provide lessor with written notice
thereof and make available to Lessor all relevant information and documentation.
16. LIENS AND TAXES. lessee shall keep the Equipment free and clear of all liens and encumbrances except
those created under this Agreement. lessee shall comply with all laws, regulations and orders relating to, and
shall pay promptly to Lessor upon demand, all taxes (including personal property taxes), license and registra-
tion fees, and all other governmental charges imposed on the ownership, leasing, sale, possession or use of
the Equipment or the Rent paid by lessee (other than taxes based on Lessor's net income), together with any
fines, penalties or interest thereon. If Lessee fails to pay any fees, taxes or other lawful charges when due,
Lessor shall have the right but not the obligation to pay such charges and to declare the same immediately due
and payable from lessee to lessor. Notwithstanding the foregoing, any fines, penalties or interest imposed on
late payments when payment was timely made by Lessee to Lessor shall be borne by Lessor.
17. INDEMNIFICATION. lessee agrees, to the extent permitted by law, to indemnify and hold lessor harmless
from and against any and all claims, liabilities, damages. and expenses, including reasonable legal fees,
relating to the use, operation, ownership, or possession of the Equipment, including claims for property dam-
age, personal injury, or wrongful death.
18. PURCHASE OPTION. Provided that no Event of Default has occurred and is continuing, Lessee will have
the option, exercisable upon thirty days prior written notice from Lessee to Lessor, to purchase the Equipment
on any Rent payment date by paying to Lessor. on such date, the Rent payment then due together with the
applicable Concluding Payment set forth in the Payment Schedule. Upon payment of such amounts, lessor will
transfer any and all of its right, title and interest in the Equipment to Lessee on an "as is," "where is" basis.
without any warranty, express or implied, except that the Equipment shall be free and clear of any liens
created by or through lessor.
19. PROHIBITION AGAINST ASSIGNMENTS. Without Lessor's prior written consent, lessee shall not assign,
transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of or encumber its interest in
this Agreement or the Equipment. or sublet the Equipment or permit it to be used by anyone other than Lessee
or Lessee's employees. Lessor shall not assign, transfer, pledge, hypothecate. grant any security interest in
or otherwise dispose of or encumber any or all of its right, title and interest in and to this Agreement or the
Equipment. Any assignment of Lessor's right, title and interest in and to this Agreement or the Equipment'shall
be null and void and of no force or effect. Lessee shall maintain a registration record in accordance with
Section 149(a) of the Code.
20. EVENTS OF DEFAULT. Any of the following events shall constitute an event of default (" Event of Default")
hereunder: (a) Lessee's failure to pay any installment of Rent or any other payment required hereunder within
ten days after the due date; (b) Lessee's failure to perform or observe any other covenant, condition or
,
1. obligation to b. perform.d or obsOovod h....und.r. or broach of any r.pres.ntation sot fanh heroin or in any
other document furnished to Lessor in connection herewith, and such failure or breach continues unremedied,
for a period of thirty days after written notice thereof from Lessor: (c) Lessor's discovery that any statement,
representation, or warranty made by Lessee in this Agreement or in any other document by Lessee in connec-
tion herewith is false. misleading or erroneous in any material respect; or (d) the institution of proceedings
under any bankruptcy, insolvency. reorganization or similar legislation. by or against lessee, or the appoint-
ment of a receiver or similar officer for lessee or any of its property. and such proceedings or appointments
are not vacated or fully stayed within twenty days after the institution or occurrence thereof.
21. REMEDIES. Upon the occurrence of an Event of Default, Lessor may, at its option, exercise anyone or
more of the following remedies: (a) upon written notice to Lessee. terminate this Agreement; (b) upon written
notice to Lessee, declare all sums due and to become due under this Agreement for the fiscal year in which
the Event of Default occurs to be immediately due and payable; (c) demand that Lessee return the Equipment
to Lessor in accordance with Section 5 hereof; (d) upon notice to lessee, enter upon the premises where the
Equipment is located and take immediate possession of and remove the same; (e) sell, lease or otherwise
dispose of any or all of the Equipment. all free and clear of any rights of Lessee; (f) proceed by appropriate
court action to enforce the terms hereof or to recover damages for the breach hereof or to rescind this
Agreement with respect to any or all Equipment; or (g) exercise any other available and lawful right or remedy.
Lessee will be liable for all legal fees and other costs and expenses incurred by Lessor in connection with an
Event of Default or the exercise of Lessor's remedies hereunder. In the event Lessor sells, leases or otherwise
disposes of Equipment pursuant to this section, the proceeds of such sale, leas.e or other disposition. net of all
legal fees and other costs and expenses incurred in connection therewith, shall be applied toward the reduc-
tion of Lessor's damages.
22. NOTICES. All notices to be given under this Agreement shall be made in writing and delivered in person or
mailed by certified or registered United States mail, return receipt requested, to the other party at the address
set forth above or to such other addresses that the parties may specify in writing from time to time. Any such
notice shall be deemed to have been received when delivered. if delivered in person. or five days subsequent
to mailing.
23. FURTHER ASSURANCES. Lessee will promptly execute and deliver to Lessor, upon Lessor's request, any
further documents which are reasonably necessary to carry out the intent and purpose of this Agreement.
24. EFFECT OF WAIVER. Lessor's failure to exercise or delay in exercising any right, power or privilege will
not operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude
any other or further exercise thereof or the exercise of any other right, power or privilege. Any waiver, permit,
consent, or approval of any kind or character on the part of Lessor must be in writing specifically set forth and
signed by Lessor.
25. GOVERNING LAW. This Agreement shall be construed in accordance with and governed 'by the laws of
the state in which the Equipment is located.
26, MISCELLANEOUS. This Agreement constitutes the entire agreement between Lessor and Lessee with
respect to the I~ of the Equipment and may not be amended except with the written consent of lessor and
Lessee. Any proviSIon of this Agreement which is found to be prohibited by law shall be ineffective to the
extent of such prohibition without invalidating the remaining provisions. The captions contained in this Agree-
ment are for convenience only and do not define or limit any of the terms and conditions.
IN WITNESS WHEREOF. Lessor and Lessee have executed this Agreement as of the ~ / day of
~ ,19
APPROVED AS TO FORM:
. .. .
.. -". .. . -.. -....... - -.............. '.' - -. .. -.. ,. .. -.. .. ......
)FOR:a<ecUSEf{}{\:::
....,. ... ....-......~.. ..-........-........... "..
...... ........ ........ ........ ..................... .....
...... .... ............. . ..........-.........-. .....
...... .... ......... .. ................-. .....
...... ...... . ....... ......-.......... .....
.....- .... . ...... .... .....
........ ..' ................. ...
..... ." ...... ..........
... ...~-........ ..... .
",",' .....,.,.. ... ....
. . .......
.........................
.........................
........-................
.--.... ..... ...... .......
}S
TItle: (Print) Mayor
.... Date: 10 /;3, /q I
City erk
With respect to the Equipment Lease-Purchase Agreement, dated as of I 0 /3/ / ~ / ,
by and between Eastman Kodak Credit Corporation and Lessee (the .. Agreement"), I am of the opinion that:
(i) Lessee is a state or fully constituted political subdivision or agency thereof under Section 103 of the Internal
Revenue Code; (ii) the execution, delivery and performance of the Agreement by Lessee have been duly
authorized by all necessary action on the part of Lessee; (Hi) the Agreement constitutes a legal, valid and
binding obligation of Lessee enforceable in accordance with its terms; and (iv) the authorization, appro-val,
and execution of the Agreement and all other proceedings of Lessee related to the transaction contempiated
thereby have been performed in accordance with all open meeting laws. public bidding laws. and all other
applicable state laws. ~ A. ,~
Attorney for Lessee
,
.
. ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERflJt1
SUBJECT: AGENDA ITEM it i'F - MEETING OF APRIL 27. 1993
RESOLUTION NO. 35-93
DATE: April 23, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on 31 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. 35-93 assessing costs for abating
nuisances on 31 properties located within the City.
"
.
.
.__..~-~ "--~----- --._--- ----.--.-..---.-.------- - -. .--
RESOLUTION NO. 35-93
A RESOLUTION OF THE "CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCESj PROVIDING FOR AN E~FECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinancesj and,
, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(sJ of the Landes) described in the attached list with written
notice of public nuisance pursuant to Sections 100.201 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten ( 10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten ( 10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said propertYj andl
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(sJ did request and receive a hearing 1 said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s)i and,
WHEREAS, the City of Oelray 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 Landes) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Oelray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involvedj and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
'.
.
.
--'--
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
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
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 b~ first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
. assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution;
Section 4. That this resolution shall become effective thirty
( 30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty ( 30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 35-93
,
.
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E165' OF SW 1/4 OF JOHN R. MOORE $ 52.16
~W 1/4 OF SW 1/4 LYG 362 OXFORD LANE 70.00 (ADM. COST)
N OF SR 806, SUB. OF CRYSTAL LAKE, IL 60014 (RECORDING)
SEC. 18-46-43, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(WEST ATLANTIC AVE) '.
LOTS 5 & 7, BLK C, LANE R. & ANNE M. STROBEL $ 75.94
SUNNY ACRES, PB 21, 9729 OHIO PLACE 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, BOCA RATON, FL 33434 (RECORDING)
PALM BEACH COUNTY, FL
(1202 POINSETTA DR)
LOT 23, BLK C, RIDGE- R.P.I. MANAGEMENT INC. $121.86
WOOD HEIGHTS, DELRAY, C/O THOMAS WALKER 70.00 (ADM. COST)
PB 14, P 4, PUBLIC 125 DIXIE BLVD. (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(1106 SW 7TH AVE)
N50' OF S335' OF E135' LEON & GAIL R. JENKINS $ 23.48
OF BLK 14, TOWN OF 16049 RIO DEL SOL 70.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33446 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(118 & 120 SW 6TH AVE)
LOTS 1 & 2, PARADISE CHARLENE G. LOVETT $492.32
HEIGHTS, PB 24, P 113, 5805 OLD FORGE CIRCLE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM RALEIGH, NC 27609-4035 (RECORDING)
BEACH COUNTY, FL
(NW 6TH AVE)
LOT 1, SUB. OF N 1/2 JAMES BROWN $509.28
OF SE 1/4 OF SE 1/4 OF HATTIE L. BROWN 70.00 (ADM. COST)
SW 1/4 UNREC/PUBLIC 802 S.W. 3RD STREET (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33444-1402
COUNTY, FL
(802 SW 3RD ST)
-3- Res. No35 -93
..
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SAVOY CONDO, PUBLIC SAVOY CONDO $ 23.48
RECORDS, PALM BEACH C/O WILLIAM HOPKINS 70.00 (ADM. COST)
COUNTY, FL REGISTERED AGENT (RECORDING)
(210 SE 1ST AVE) 1073 FLORSYTHIA
WEST PALM BEACH, FL 33415
LOT 16, BLK 4, PRIEST'S ROSA L. SCOTT $221. 10
ADD TO ATLANTIC PARK 545 AUBURN CIRCLE E, #B 70.00 (ADM. COST)
GARDENS, PB 23, P 40, DELRAY BEACH, FL 33444 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL .
(216 SW 13TH AVE)
N50' OF S256.4' OF E135' CHARLES I. STUART $ 95.38
OF BLK 24, TOWN OF 326 S.W. 5TH AVENUE 70.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2406 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 5TH AVE)
S 1/2 OF LOT 5, BLK 30, AMY CHARLOW $176.10
TOWN OF DELRAY, PB 1, 125 S.W. 5TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33444-2513 (RECORDING)
PALM BEACH COUNTY, FL
(125 SW 5TH AVE)
LOT 11, BLK 1, ROSEMONT TOMMY PRESTON $ 58.96
PARK, DELRAY, PB 13, 140 N.W. 11TH AVENUE 70.00 (ADM. COST)
P 60, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL
(647 SW 5TH AVE)
LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST. $ 39.42
HEIGHTS, DELRAY, PB 13, C/O S QUAIL 70.00 (ADM. COST)
P 61, PUBLIC RECORDS, P.O. BOX 7043 FDR STATION (RECORDING)
PALM BEACH COUNTY, FL NEW YORK, NY 10150-1908
(37 NW 10TH AVE)
E'LY 522.52' OF N 1/4 MIKE L. BLANK $277.26
OF NE 1/4 OF NW 1/4 LYG (U.S. GOVT. SPOIL AREA 651) 70.00 (ADM. COST)
W OF FIND CNL RjW (LESS P.O. BOX 1245 (RECORDING)
S25' OF E131.49' & N'LY DELRAY BEACH, FL 33447-1245
47' OF W'LY 53' FOR RD
R/W IN OR 2346, P 784),
SUB OF SEC. 28-46-43,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(MC CLEARY ST)
-4- Res. No35 -93
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S50' OF N200' OF W120' EDWIN C. IVY $ 47. 16
OF BLK 25, TOWN OF 519 S.W. 15TH TERRACE 70.00 (ADM. COST)
DELRAY, PB 5, P 2, DELRAY BEACH, FL 33444-1445 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(NW 5TH AVE)
E'LY275' OF N'LY273.6' HAROLD VERNON, ET AL $ 64.71
OF S'LY693.6' OF N 3/4 500 BONAVENTURE BLVD. 70.00 (ADM. COST)
OF NE 1/4 LYG PARA TO & FT. LAUDERDALE, FL 33326 (RECORDING)
W'LY OF SAL RY R/W,
SUB.OF SEC. 18-46-43, .
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(151 NW 18TH AVE)
LOTS 1 & 2, BLK D, STIPAN GROUP, INC. $ 23.45
JOHN B. REIDS VILLAGE, PENTHOUSE E 70.00 (ADM. COST)
PB 21, P 95, PUBLIC 2929 E. COMMERCIAL BLVD. (RECORDING)
RECORDS, PALM BEACH FT. LAUDERDALE, FL 33308
COUNTY, FL
(115 VENETIAN DR)
N69.5' OF LOT 9, BLK DOROTHY MAGER $ 74.64
78, TOWN OF DELRAY, C/O GARTH MAGER 70.00 (ADM. COST)
PB 11, P 2, PUBLIC 1704 HIGH RIDGE ROAD (RECORDING)
RECORDS, PALM BEACH LAKE WORTH, FL 33461
COUNTY, FL
(102 SE 2ND AVE)
LOT 12, BLK 1, ODMANN'S MARIH HAYES EST. . $1800.00
SUB. , PB 4, P 53, C/O WILLIE T. GOODMAN, JR. . 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 123 GARFIELD AVENUE (RECORDING)
BEACH COUNTY, FL TRENTON, NJ 08608
(20 NW 13TH AVE)
LOTS 19 & 20, BLK 10, WILLIAM N. LITERSKY $ 23.48
OSCEOLA PARK, PB 3, 1 KENMORE LANE 70.00 (ADM. COST)
P 2, PUBLIC RECORDS, BOYNTON BEACH, FL 33435 (RECORDING)
PALM BEACH COUNTY, FL
(904 SE 3RD AVE)
-5- Res. No 35 - 9 3
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E'LY940.97' OF N'LY THOMAS F. FLEMING, ET AL $828.10
1505.20' OF TH PT OF 2850 HAMPTON CIRCLE EAST 70.00 (ADM COST)
NE 1/4 LYG N OF & ADJ DELRAY BEACH, FL 33445 (RECORDING)
TO L-31 CNL R/W & S OF
& ADJ TO PB 60 P 188
A/K/A PROPOSED PH TWO
OF SABAL LAKES, SUB. OF
SEC. 12-46-42, (FORMER-
LY DESCRIBED AS): NE
1/4/LESS E 1/2 OF SW
1/4 OF SW 1/4, W 1/2 OF .
SE 1/4 OF SW 1/4, S12'
OF W 1/8 OF N 1/2, N'LY
1318.14' OF NW 1/4 AS
IN OR 5253, P 1535, N90'
L-30 CNL, S40' L-31
CNL, W40' BARWICK RD
R/WS & PB 60, P 188,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SABAL LAKES &
LANCEWOO PL)
E'LY225.40' OF N300' D.E. & ANNIE B. GERMAN $131.97
OF S330' OF SE 1/4, 103 CLUB MEADOW ROAD 70.00 (ADM. COST)
SUB OF SEC 12-46-42, LANTANA, FL 33462 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(BRANDON DR)
N70' OF E136' OF BLK WILBERT H & GLORIA D. JONES $154.57
71, TOWN OF DELRAY, CLAYTON N. JONES 70.00 (ADM. COST)
PB 1, P 3, PUBLIC 206 S.W. 14TH AVENUE (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(20 & 22 SE 2ND ST)
LOTS 1 TO 6 INCL., SCOTT H. EMERSON $129.32
BLK 14, SOUTHRIDGE, 5 ROBINLEA CIRCLE 70.00 (ADM. COST)
PB 13, P 38, PUBLIC WOBURN, MA 01801 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(600 BENJAMIN AVE)
S50' OF LOT 11 & LOT EVERGREEN REALTY ASSOC. INC. $101.47
12, BLK 60,(OLD SCHOOL C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST)
SQUARE HISTORIC 433 S. MAIN STREET (RECORDING)
DISTRICT), TOWN OF WEST HARTFORD, CT 06110
DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(24 N. SWINTON AVE)
-6- Res. No35-93
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LOTS 1 TO 19, INCL. , ANAZA INC. $157.40
16/ ALLEY THRU N-S CIO METRIUM REALTY CORP. 70.00 (ADM. COST)
CENTER & 8' ALLEY ON 1395 S. STATE RD 7 #207 (RECORDING)
S SIDE OF BLK B, LA NO. LAUDERDALE, FL 33068
HACIENDA, DELRAY,
PB 12, P 6, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(1310 & 1350 N.FED.HWY)
S60' OF N140' OF LILLI~N MUNNINGS $ 47.16
W140.6' OF BLK 56, TOWN 303 S.W. 2ND AVENUE 70.00 (ADM. COST)
OF DELRAY, PB 20, P 55, DELRAY BEACH, FL 33444-3508 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(303 SW 2ND AVE)
LOT 4, BLK 65 (OLD ROLF E. & VIRGINIA HEINEMANN $ 47.16
SCHOOL SQUARE HISTORIC 5549 COASTAL DRIVE 70.00 (ADM. COST)
DISTRICT), TOWN OF BOCA RATON, FL 33487 (RECORDING)
DELRAY, PB 2, P 20,
PUBLIC RECORDS, PALM -
BEACH COUNTY, FL
(311 & 313 N.SWINTON
AVE)
LOTS 5 & 6, BLK 2, R.1. & ERMA B. MITCHELL $ 46.96
BELAIR HEIGHTS, DELRAY, P.O. BOX 40992 70.00 (ADM. COST)
PB 20, P 45, PUBLIC JACKSONVILLE, FL 32203 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(31 SW 9TH AVE)
LOTS 7 & 8, BLK 2, BROSON ENTERPRISES INC. $ 46.96
BELAIR HEIGHTS, DELRAY, C/O KELLY E. BROWN JR. 70.00 (ADM. COST)
PB 20, P 45, PUBLIC 718 E. CHATELAINE BLVD. (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33445-2211
COUNTY, FL
(39 SW 9TH AVE)
LOT 9, BLK 2, BELAIR R.I. & ERMA B. MITCHELL $ 58.70
HEIGHTS, DELRAY, PB 20, P.O. BOX 40992 70.00 (ADM. COST)
P 45, PUBLIC RECORDS, JACKSONVILLE, FL 32202 (RECORDING)
PALM BEACH COUNTY, FL
(45 SW 9TH AVE)
W71' OF N100' OF BLK RICHARD A.& JEANNE C FRIEDMAN $ 46.96
122, TOWN OF DELRAY, 129 INMAN DRIVE 70.00 (ADM. COST)
PB 1, P 3, PUBLIC DECATUR, GA 30033 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL.
(245 NE 7TH AVE)
-7- Res. No 35;; 9 3
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VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDSj DECLARED NUISANCE.
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-8- Res. No 35 - 93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfl1
SUBJECT: AGENDA ITEM # S'G - MEETING OF APRIL 27. 1993
RESOLUTION NO. 36-93
.
DATE: April 23, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on 18 properties located wi thin 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. 36-93 assessing costs for abating
nuisances on 18 properties located within the City.
"
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~. __ _ _ _.~_____ ___~_____ _.H__ ____ ____... __. ._ _____~__..
RESOLUTION NO. 36-93
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 DELP~Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENTj SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
. WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s)j and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was.
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the noticej and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involvedj and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
.,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That as~essments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcells) 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
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property ( s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No.36-93
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E501 OF W4831 OF S1401 LOUIS A. PRATT $ 27.68
OF N1651 OF N 1/2 OF 41 S.W. 9TH AVENUE, APT..8 70.00 (ADM. COST)
NW 1/4 OF SW 1/4 OF DELRAY BEACH, FL 33444-2549 (RECORDING)
NW 1/4 ,SUB OF SEC
17-46-43, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL .
(NW 2ND STREET) - -
LOT 13, BLK 12, DELRAY TANYA A. ROYA $ 51.16
SHORES 1ST ADD, PB 28, 3764 LAKE IDA ROAD 70.00 (ADM. COST)
P 2, PUBLIC RECORDS, DELRAY BEACH, FL 33445 (RECORDING)
PALM BEACH COUNTY, FL
(3764 LAKE IDA RD
AKA 2712)
LOT 19, BLK B, CARVER MAURICE B. & ALMA A. BASKIN $ 39.42
MEMORIAL PARK SUB., 121 S.W. 3RD COURT 70.00 (ADM. COST)
PB 20, P 56, PUBLIC BOYNTON BEACH, FL 33435 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(229 NW 15TH AVE)
LOT 21 (LESS 1-95 R/W) CHARLES & ELIZABETH FREITAS $ 40,11
& LOT 22, BLK 1, P.O. BOX 24351 70.00 (ADM. COST)
ODMANN'S SUB., PB 4, FT, LAUDERDALE, FL 33307 (RECORDING)
P 53, PUBLIC RECORDS,
PALM BEACH COU~TY, FL
(19 NW 14TH AVE)
LOT 5, BLK 11, DELRAY BENJAMIN G. & $ 51.16
SHORES, PB 24, P 233, JENNIE M. BURROWS 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 844 ORBIT LANE (RECORDING)
BEACH COUNTY, FL UNIONDALE, NY 11553
(ANGLER DRIVE)
LOT 3, BLK A, TOURIST MILDRED BURNS $ 53,24
NOOK, DELRAY, PB 11, 330 N.W. 7TH AVENUE 70,00 (ADM. COST)
P 47, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL
(NW 10TH AVENUE)
LOT 8, BLK 10, ATLANTIC ABISSET CORP, INC. $ 35.42
GARDENS, DELRAY PB 14, P.O. BOX 7123 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, DELRAY BEACH, FL 33447 (RECORDING)
PALM BEACH COUNTY, FL
(SW 11TH AVE)
-3- Res. No. 36-93
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LOT 13, BELLEHAVEN UNIT GREGORY J. HIBBS $ 98.12
B, PB 27, P 27, PUBLIC 600 S.W. 4TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH FT. LAUDERDALE, FL 33315-1071 (RECORDING)
COUNTY, FL
(343 SW 11TH AVE)
LOT 19, BLK 2, ATLANTIC J.D. & EARLINE MONROE $ 35.42
PARK GARDENS, DELRAY, 32 EARLE STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL .
(39 SW 13TH AVE) - -
CONGRESS PARK SOUTH BANYAN LAKES VILLAGE $629.37
IN PB 47, P 98, TR A 220 CONGRESS PARK DR. #125 70.00 (ADM. COST)
(CONT 3.59 AC), PB 44, DELRAY BEACH, FL 33445 (RECORDING)
P 194, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(430 COMMERCE DRIVE)
LOT 39, DELRAY BEACH GERALD J. SOLOMON $ 53.14
ESTATES, PB 21, P 13, 17096 NORTHWAY CIRCLE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BOCA RATON, FL 33496 - (RECORDING)
BEACH COUNTY, FL
(2345 N FED HWY)
LOT 19,.BLK 1, O.W. & MILDRED BURROUGHS $260.52
ODMANN'S SUB., PB 4, 243 BILBOA STREET 70.00 (ADM. COST)
P 53, PUBLIC RECORDS, ROYAL PALM BEACH, FL 33411 (RECORDING)
PALM BEACH COUNTY, FL
(NW 13TH AVE)
LOT 12, BLK 96, LINN'S THOMAS S. MC DERMOT $ 62,90
ADD TO OSCEOLA PARK, 347 S.E. 3RD AVENUE 70.00 (ADM. COST)
DELRAY, PB 1, P 133, DELRAY BEACH, FL 33483 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(347 SE 3RD AVE)
LOT 4, BLK A, WEST STRAGHN ENTERPRISES OF $ 39.42
SIDE HEIGHTS, DELRAY, DELRAY BEACH, INC. 70.00 (ADM. COST)
PB 13, P 61, PUBLIC 26 S.W, 5TH AVENUE (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33444-2512
COUNTY, FL
(NW 10TH AVE)
LOT 96, TROPIC ISLE, JAMES & ELIZABETH A GINESI $ 39,42
PB 24, P 235, PUBLIC 363-A BRICKYARD ROAD 70.00 (ADM. COST)
RECORDS, PALM BEACH FREEHOLD, NJ 07728 (RECORDING)
COUNTY, FL
(SPANISH TRAIL)
-4- Res. No. 36-93
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LOT 19, BLK 10, EVELYN CLINTON $ 35.42
ATLANTIC GARDENS, 111 N.E. 16TH AVENUE 70.00 (ADM. COST)
DELRAY, PB 14, P 63, BOYNTON BEACH, FL 33435 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 10TH AVE)
S50' OF N250' OF E135' R.P,I. MANAGEMENT $153.08
OF BLK 13, TOWN OF P.O. BOX 2501 70.00 (ADM. COST)
DELRAY, PB 1, P 3, 7825 N, BAYSHORE COURT (RECORDING)
PUBLIC RECORDS, PALM MIAMI, FL 33138
BEACH COUNTY, FL .
(20 SW 6TH AVE) - -
LOT 23, BLK 41, TOWN JAMES E, CLINTON $493.53
OF DELRAY, PB 5, P 65, ROBIN Y. HOLMON 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 333 N.W. 3RD AVENUE (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(333 NW 3RD AVE)
VIOLATION IS: LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No.36-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f}7v1
SUBJECT: AGENDA ITEM # VH - MEETING OF APRIL 27. 1993
HOPE 3 COOPERATIVE AGREEMENT WITH PALM BEACH COUNTY HOUSING
PARTNERSHIP
DATE: April 23, 1993
This item is before the Commission to approve the Cooperative
Agreement with the Palm Beach County Housing Partnership as required
under the provisions of the Hope 3 Planning Grant award.
In April, 1992 the Community Improvement Department submitted a grant
application to the U.S. Department of Housing and Urban Development
for funding to develop a new homeownership program. A requirement of
the application was that the City execute a Memorandum of
Understanding with a non profit agency (Palm Beach County Housing
Partnership) who would serve as a cooperating entity in carrying out
the activities described in the grant application.
The City was awarded a $77,500 Planning Grant from HUD for our Hope 3
program. The cooperative agreement provides that the City shall
reimburse the Housing Partnership for reasonable costs associated with
the Hope 3 Program.
Recommend approval of the Cooperative Agreement between the City and
Palm Beach County Housing Partnership.
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: APRIL 21, 1993
Regular Agenda
Special Agenda
Workshop Agenda APRIL 27, 1993
xxx Consent Agenda When:
Description of item (who, what, where, how much): HOPE 3 COOPERATIVE
AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE PALM BEACH COUNTY HOUSING
PARTNERSHIP.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: STAFF RECOMMENDS APPROVAL TO EXECUTE THE AGREEMENT
FUNDING FROM ACCOUNT NUMBERS 118-1922-554-31.30 AND 118-1922-554-31.90
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~.-- ~~~ -
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO .
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~NO f}1L/f
Hold Until: .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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MEMORANDUM
TO: David Harden, City Manager
FROM: Dorothy Ellington, Community Development coordinator~~
THRU: Lula Butler, Community Improvement Directo~
DATE: APRIL 19, 1993
SUBJECT: HOPE 3 Cooperative Agreement
April 27, 1993 Commission Agenda
ITEM BEFORE THE COMMISSION
This is to request commission approval to finalize the HOPE 3
Cooperative Agreement between the City of Delray Beach and The
Palm Beach County Housing Partnership.
BACKGROUND
In April, 1992, the Community Improvement Department applied to
the U. S. Department of Housing and Urban Development and was
awarded $77,500 in HOPE 3 Planning Grant funds to be used to
develop a new homeownership program. As required by federal
regulations the City executed a Memorandum of Understanding with
a non profit agency (The Palm Beach County Housing Partnership)
who will serve as a cooperating entity in carrying out the
activities described in the grant application.
The agreement has been reviewed by both the City Attorney and the
Housing Partnership's attorney and has been signed by the Chief
Executive Officer of the agency. Commission approval is required
in order for the City to execute this agreement.
RECOMENDATION
Approval to execute the agreement is recommended.
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HOPE 3 COOPERATIVE PARTNERSHIP AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND THE PALM BEACH
COUNTY HOUSING PARTNERSHIP
THIS COOPERATIVE PARTNERSHIP AGREEMENT ( II Agreement II ) made
this day of , 1993 by and between the City of Delray
Beach, a municipality duly organized by the laws of the State of
Florida, hereinafter referred to as "City" and the Palm Beach
County Housing Partnership, a non-profit corporation duly
organized and existing by virtue of the laws of the state of
Florida, having its principal office at 319 Clematis Street, West
Palm Beach, Florida, hereinafter referred to as the IIHousing
Partnership" is related to the requirements of the HOPE 3
Planning Grant.
WHEREAS, The City and the Housing Partnership executed a
Memorandum of Understanding pursuant to Federal regulations
governing the HOPE 3 Program, and;
WHEREAS, The City was awarded a Planning Grant in the amount
of $77,500 in HOPE 3 funds to be used to develop a new
homeowners hip program, and;
NOW, THEREFORE, the parties hereby agree as follows:
1- DEFINITIONS
The following definitions are provided for the terms
set forth herein: ;'
a. "Administrative costs" are those costs which are
reasonable and necessary, as described in OMB Circular A-122, in
carrying out the HOPE 3 Planning Grant
b. "HOPE 3" means a program designed to provide
'.
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homeownership for eligible families of certain government-owned
single-family properties.
c. "Program Income" means gross income received
directly generated, or earned from the use of HOPE 3 funds.
Program Income includes, but is not limited to interest earned on
advances of Federal funds or royalties received as a result of
patents or copyrights produced under this grant.
2. STATEMENT OF WORK
a) The Housing Partnership shall carry out activities
as described in the HUD-approved HOPE 3 grant application and
further delineated in the Memorandum of Understanding executed on
the 15th day of April, 1992. The executed contract document
shall consist of this agreement and the aforementioned~OPE 3
Grant application.
b) The City Shall carry out activities as described
in the HUD-approved HOPE 3 grant application and further
delineated in the Memorandum of Understanding executed on the
15th day of April, 1992.
c) Completion of each activity shall comply with the
schedule as outlined in the HOPE 3 Grant Application with the
following adjustments:
i. The Housing Partnership shall identify at
least IO eligible units by August I, 1993.
ii. The Housing Partnership shall complete a
feasibility study by September 1, 1993.
iii. The Housing Partnership shall develop
preliminary architectural and engineering requirements by Sept.
2
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Ol, 1993.
iv. The city and the Housing Partnership shall
develop appropriate Counseling and Training curricula by June 1,
1993.
v. The City shall prepare the HOPE 3
Implementation Grant application upon receipt of the Notice of
Funding Availability (NOFA) and in compliance with HUD imposed
deadline.
3. METHOD OF PAYMENTS
The City shall reimburse the Housing Partnership for
reasonable costs associated with the HOPE 3 Program. Such costs
shall not exceed budget activity amounts outlined in the
HUD-approved grant application. Reasonable costs shall be
determined in accordance with OMB Circular A-122: Cost Principles
for Nonprofit Organizations. A copy of said Circular is provided
and incorporated herein by reference.
Costs for this HOPE 3 Planning Grant shall be
reimbursed upon receipt of invoices and other records as outlined
in Section 4 of this agreement on a monthly basis.
Reimbursements shall be made in accordance with Section 2,
Statement of Work, and in no event shall the total compensation
exceed the total amount of the HOPE 3 Planning Grant of $77,500.
Reimbursements shall require the approval of the Director of
Community Improvement.
4. RECORDS AND REPORTS
The Housing Partnership shall submit prior to the
3
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disbursement of HOPE 3 funds the following documentation:
a) time sheets documenting actual hours spent for
each activity;
b) copies of all invoices submitted from vendors as
necessary;
c) copies of all procurement documents including
contract documents;
d) copies of cancelled checks;
e) monthly reports detailing progress of each
activity outlined in Section 2 of this agreement; and
f) other records as may be necessary to determine
compliance with this agreement.
5. PROGRAM INCOME
The Housing Partnership agrees to expend the funds
in accordance with the approved budget lines in the planning
grant budget in Exhibit 1 of the Approved Application. It is
not anticipated that program income shall be produced from this
Planning Grant, however, such income, if generated, shall be
returned to the City and added to funds committed to the program
to further program objectives.
6. NON-FEDERAL AUDIT
As required by OMB Circular A-133 the Housing
Partnership agrees to provide copies of independent professional
audits of the Partnership's financial activities in order to
determine whether program funds have been expended as intended.
7. MONITORING
The Housing Partnership agrees to make its records
4
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available to the City in order to assure compliance with
applicable Federal and local requirements. The Housing
Partnership further agrees to allow access for site visitation by
Federal Monitors as warranted.
8. RETENTION AIm ACCESS REQUIREMENTS FOR RECORDS
The Housing Parfnership agrees to retain supporting
documentation relating to the HOPE 3 Planning Grant activities
for a period of three years from the date of September 30, 1993.
9. OTHER PROGRAM REQUIREMENTS
a) The Housing Partnership certifies that no person
shall on the ground of race, color, national origin, sex, age or
disability be denied participation in the Partnership's
activities.
b) The Housing Partnership agrees to carry out the
activities for which HOPE 3 funds are provided in compliance with
all local and federal laws and Regulations as described in 24 CFR
Subtitle A, OMB Circular A-133, OMB Circular A-122, which are
attached hereto and incorporated herein by reference.
10. SUSPENSION AIm TERMINATION
In accordance with 24 CFR 85.43, suspension or
termination of this agreement may occur if the Housing
Partnership materially fails to comply with any term of this
agreement. This agreement may be terminated for convenience in
accordance with 24 CFR 85.44 and Circular A-110 Attachment L,
which are attached hereto and incorporated herein by reference.
11. This Agreement contains all of the parties binding
representations to one another. Any amendments or modi f ication
hereto must be in writing.
5
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12. Any notice pursuant to this Agreement shall be sent via
certified mail, return receipt to the following addresses:
City of Delray Beach
Attention: Dorothy Ellington
100 NW 1st Avenue
Delray Beach, Florida 33444
Palm Beach County Housing Partnership
319 Clematis Street Suite 200
West Palm Beach, Florida 33401
THE PALM BEACH COUNTY HOUSIRG
~~4~.r BY: ~Z1J;I-
./.PR,2SIDE T, CHIEF EXECUTIVE OFFICER
CITY OF DELRAY BEACH, FLORIDA
BY:
MAYOR
ATTEST:
6
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MEMORANDUM OF UNDERSTANDING
THE CITY OF DELRAY BEACH
AND THE PALM BEACH COUNTY HOUSING PARTNERSHIP
HOPE3 HOMEOWNERSHIP PROGRAM
WHEREAS, The City commission, in its continued support of
providing affordable housing opportun~ties for low income
residents, authorized the City of Delray Beach (CITY)
participation in the U. S. Departement of Housing and Urban
Development HOPE3 program at its Commission meeting of April 14,
1992; and
WHEREAS, As required by Federal Regulations governing the
HOPE3 Homeownership Program, the City Commission authorized the
execution of an agreement with a non-profit agency in order to
plan and implement the new homeownership program; and
WHEREAS, The Palm Beach County Housing Partnership,
(PARTNERSHIP) , a non-profit agency duly organized and existing by
virtue of the laws of the State of Florida, having submitted
proof of its status as a tax exempt agency under section 501(c)3
of the Internal Revenue Code of 1986, has demonstrated its
committment to affordable housing by its participation with the
City of Delray Beach in the housing initiative known as Allamanda
Gardens; and
WHEREAS, It is appropriate that the relationship
cstabllshed through the development of Allamanda Gardens continue
for the benefit of providing housing opportunities to low-income
residents of the city of Delray Beach;
IN consideration of mutual covenants and promises herein
contained the parties hereby agree and understand as follows:
The CITY will serve as lead agency in the application
for planning grant funding from the U. S. Department of Housing
and Urban Development.
The CITY will assume legal responsibility as the recipient
of HOPE3 funds and will execute the grant agreement.
The CITY will assume fiscal responsibility for planning
grant funds and will further deliniate disbursement of funds
under a seperate agreement which will comply with federal
regulations as outlined in 24 CFR Part 85, OMB Circular A-122 and
other federal regulations as applicable and appropriate for
purposes of this program.
The CITY will assume responsibility of ( 1 ) selecting
13a
"
appropriate training sources and materials for Communlty
Development Staff and, where appropriate, the PARTNERSHIP staff,
( 2 ) Preparation of HOPE3 Implementation Grant and ( 3 ) certain
administrative functions.
The PARTNERSHIP will assume responsibilities related to the
activities outlined in the planning Grant application which
include ( 1 ) Assessing stock of Eligible Properties,
(2 ) Feasibility study, ( 3 ) Preliminary Architectural and
Engineering Work, ( 4 ) Identification of counseling and Training
Curricula and Sources, and (5) certain administrative functions.
The PARTNERSHIP will comply with all State, Local and
Federal regulations as may apply to this homeownership program.
IN WITNESS WHEREOF, the parties hereto have caused this
MEMORANDUM OF UNDERSTANDING to be executed in three ( 3 ) original
copies on this the : (day .j April 1992.
I . .:\
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WITNESSES: THE COUNTY HOUSING PARTNERSHIP Inc.
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tE~c vit'v-e 1/. e c . f' ~'!II ~t-
CITY pF DELRAY BEACH
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By: ,;'-"J'~~.:x - '.,~ .
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Attest:
By: D.bum /!JJ/' !it ~ 1h74
City cler
Approved a~ to for~:
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~ By: 0........;../ ( '-i
i--:--=-' .~ '\ city Attorney
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t>>1
SUBJECT: AGENDA ITEM # gx. - MEETING OF APRIL 27. 1993
AWARD OF BIDS AND CONTRACTS
DATE: April 23, 1993
This item is before you to approved the award of the following bids
and contracts:
1. Personal Computers (8) - Planning and Zoning - Dell Marketing
Corporation (via State contract) in the amount of $15,792 with
funding from Renewal and Replacement - Computer Equipment
(Account No. 334-6112-519-64.11) .
2 . Cabling - Fire Department - Teledata Concepts, Inc. in the
amount of $13,836.86 with funding from Bond Anticipation Note -
Central Fire Station (Account No. 227-2311-522-51.56).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
"
.
Agenda Item No. :
AGENDA REQUEST
Date: April 20. 1993
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: April 27. 1993
Description of agenda item (who, what, where, how much) : Purchase Award -
Eight (8) Dell Personal Computers for Planning & Zoning Department.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Dell Marketing Corporation, via Florida State
Contract # 250-040-93-1. at a total cost of $15,792.
/~ I !?O!93
DepartmeJHe~ Signature'--;;;P~.4 ~~
Deteraination of Consistency with Comprehensive Plan:
City Attorney Reviewj Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available~ NO
Funding alternatives: .,' , ~f ~PPliCable)
Account No. & DeslrtPt~~: ~'t'-/pf( j../S(q .64--(( (t GoMP~r<
Accou~t Balance: )9 J EJteL.viP
City Manager Review:
Approved for ~genda: fj)/ NO 1~1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~_
FROM: Ted Glas, Purchasing Officer 4f/r
DATE: April 20, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 27, 1993 - PURCHASE AWARD -
COMPUTER EQUIPMENT FOR PLANNING & ZONING
Item Before City Commission:
The City Commission is requested to approve the purchase of computer
equipment from Dell Marketing Corporation, at a total cost of
$15,792. Per the Finance Department, funding is from:
( ) .
Background:
Funds were allocated in the FY 92-93 budget to purchase computer
equipment. A total of $ is budgeted for this purchase.
Dell personal computer equipment is available via Florida State
Contract #250-040-93-1.
The Planning & Zoning Department and the Management Information
Systems Manager have reviewed this contract, and recommend award, per
attached memos.
Recommendation:
The Purchasing Officer concurs with the Planning & Zoning Department
and the MIS Division to award the purchase of eight (8) personal
computers to Dell Marketing Corporation, at a total cost of $15,792.
Attachments:
Memos from Departments
Documentation on State Contract
c: David Kovacs
f:L I
'1
,
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GENERAL FUND CONSTRUCTION
RENEWAL AND REPLACEMENT EQUIPMENT
FISCAL YEAR 1992-93
REQUEST FOR PURCHASE
Requesting Department/Division: PLANNING & ZONING / 2511
Date Requested: 4/07/93 Date Needed: ASAP
Recommended Vendor: DELL MARKETING L.P.
Vendor Address: 9505 Arboretum Boulevard
(if known)
Austin, TX 78759
Vendor Telephone: (800) 274-7799 (FAX) (800) 365-5329
~
Qtv Description Unit Price Total Price
8 Dell 433/L Base $1,927.00 $15,416.00
8 Quiet Key, 101 Keyboard, 6-pin
factory installed
8 4MB RAM, 486/L/M/T, 1 SIMM
factory installed
8 Ultras can 14C Monitor
8 120MB IDE Hard Drive
8 Dual Media Floppy Drive
1. 44MB Boot & 1. 2MB Drive
8 DOS 6, windows 3.1, Mouse
3.5" Disks; Dell System Mouse,
factory installed
8 Next Business Day, PC, On-Site
Initial Year Contract
8 512K Video RAM Upgrade for 4255/L/433S/L 47.00 376.00
factory installed
SUB TOTAL $15,792.00
TAX .00
SHIPPING & HANDLING .00
OTHER .00
TOTAL: $15,792.00
FOR FINANCE DEPARTMENT USE ONLY
Date Request Received: o4--ot-q~
Date Requisition Processed: 0<f-6'l" -'l3
Requisition Number: I ,,~O b Purchase Order Number:
.,
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M E M 0 RAN DUM
TO: ~PH M. ifERD
DIR CTOR 0 NANCE
THRU: - , VID J. VACS ~~R
DEPARTMENT OF PLANNING & ZONING
FROM: DANIEL J. MARFI~
PLANNER I
DATE: MARCH 29, 1993
RE: COMPUTER PURCHASE
I have reviewed your memo dated March 19, 1993, concerning the
Planning Department's request to purchase four PCs. You have
raised several valid questions with respect to - the hardware
configurations, as we specified in the 1992-93 budget request,
and what we are now seeking to purchase.
I believe the following 'outline should answer your questions:
.320 MB Hard Drive: Since the requested PCs will be used on our
network, most data will be stored on the network server's hard
drive. Thus, a 120 MB hard drive is sufficient.
.16 MB Random Access Memory: 4 MB RAM is the minimum amount of
RAM that MIS recommends new PCs should have. The operations
required of these machines do not warrant more that 4 MB RAM, at
this time. If the need arises in the future, they can be easily
upgraded at that time.
.Network Cards: The present network cards will be transferred to
the new PCs, thus no new cards are needed.
.Internal Tape Back-Up System: Since most data is stored on the
network server's hard drive, and the network server has a tape
back-up system in place, there is no need for each new unit to
also have one.
.rnternal Modem: The Department's present CAD machine has a
modem. One modem will sufficiently serve the needs of the
Planning Department.
,.-
,
t~
Dell Computers have always been less expensive than IBM's,
and coupled with the dramatic fall of computers prices in
general, we are now able to maximize our computer dollar and
purchase four PCs, for about the projected price of one.
Please feel free to contact me directly (ext. 7048), if you have
any further questions concerning the hardware configurations.
Y:\docs\dellx3
..
.
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Memorandum
To: Robert A. Barcinski, Asst. City Manager/
Administrative Services
From: Richard Zuccaro, Information Systems Manager ,~
Date: April I, 1993
Subject: Replacement Computers for Planning & Zoning Department
As per the memo from Daniel Marfino, dated March la, 1993 the Planning and
Zoning Department wants to replace four old microcomputers. The
justification in this memo is sound and MIS encourages the replacement of
the old, obsolete microcomputers throughout the City as they are becoming
more and more difficult, if not impossible, to get the latest software
( LOR, Windows, PC/Support, etc.), to operate with the older technology and
the limited resources of the P/C-XT's and AT's.
The current PCls as described by Dan can no longer function effectively.
They have disk capacity and memory problems that cause very poor
performance and system fa 11 ure when they try to switch from the LAN
processing to accessing the AS/400.
The latest configuration (4/6/93) we recommend to operate on their LAN and
support their applications including Windows and PC/Support is:
Un it Pri ce Extended Price
4 Dell 433/L Base OX $1,927.00 . . $7,708.00
Quiet Key, 101 keyboard, 6pin
factory Installed
4MB RAM, 486/L/M/T, 1 SIMM
Factory Installed
Ultrascan 14C Monitor
120MB IDE Hard Drive
Dual Media Floppy Drive
1.44MB Boot & 1.2MB Drive
DOS 6.0, Wibndows 3.1
Dell Mouse PS/2
3.5 Disketts
Factory Installed
Next Business Dayan-site
initial annual contract
512k Video RAM Upgrade to 1MB $ 47.00 $ 188.00
--------- -------------
Total $1.974.00 $7,896.00
!
"
'.DfH.L- QU Ot'l"Arl'l ON
MR. DAN MARFINO APRIL 07, 1993
CITY OF DELRAY BEACH
DELRAY BEACH, FL 33444
I I I UNIT I EXTENDED
SKU # QTY DESCRIPTION PRICE PRICE
220-0067 8 Dell 433/L Base 1,927.00 15,416.00
310-2139 8 Quiet Key, 101 keyboard,6-pin
Factory Installed
310-3315 8 4MB RAM,486/L/M/T,1 SIMM
Factory Installed
320-3364 8 Ultras can 14C Monitor
340-4886 8 120MB IDE Hard Drive
340-4911 8 Dual Media Floppy Drive
1.44MB Boot & 1.2MB Drive
420-1110 8 DOS 6, windows 3,1, Mouse
3.5" Disks; Dell System Mouse,
Factory Installed
900-4100 8 Next Business Day, PC, On-Site ,00 .00
Initial Year Contract
320-3406 8 512K Video RAM Upgrade for 47.00 376.00
425S/L/433S/L,433/L
Factory Installed
Your on-site service covers Dell system
hardware, Please call for information
regarding service on printers or
external peripherals and accessories.
SUB TOTAL 15,792.00
TAX .00
SHIPPING & HANDLING .00
OTHER .00
Thank you for calling Dell TOTAL $15,792.00
# 26D-040-Q3-
For your convenience, we have listed your sales representative, Sales Representative:
your quote number and your customer number which will provide REBECCA WILSON
you with faster service when you are ready to place your order.
Quote #: 1760890
Prices and taX rates are subject to ohange. Customer #: 1015934
Business Leasing Program is provided by Leesing Group Inc.;Leasing Fee.$35
DELL MARKETING LP. 9505 ARBORETUM BLVD. AUSTIN, TX 78759
(800) 274-7799 (TEL) (800) 365-5329 (FAX) IlEY.C
-'I
.
. -
Agenda I tern No. :
AGENDA REQUEST
Date: April 23. 1993
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: April 27, 1993
Description of agenda item (who, what, where, how much): Contract Award -
Installation of cabling system at Fire Station No. 1
Quotation #1684
ORDINANCE/ RESOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Teledata Concepts Inc. at a total cost of
$13,836.86
tf~y/ -7?~.A~.~ r/~31f.3
pepartment Head Signature: Determination of Consistency with Comprehensive Plan: AJ//f-
City Attorney Review/ Recommendation (if applicable): ;V / It-
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: 6iJ NO
Funding alternatives: - (if fSPli~e) .
Account No. & Description: z..;~J- 'lZ,f l-S2.-]....{ol-S~ B A _ . 08 L Fl'12€
Account Balance: 3:;!5,fa:) 4-7 srA.
/
City Manager Review:
Approved for agenda: I[J/ NOtfM
Hold Until:
Agenda Coordinator Review:
Received: ----.
Action: Approved/Disapproved
.,
.
-
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
FROM: Ted Glas, Purchasing Officer !1/~
DATE: April 23, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
APRIL 27, 1993 - CONTRACT AWARD -
CABLING SYSTEM @ FIRE STATION NO 1
Item Before City Commission:
The City Commission is requested to award a contract to Teledata
Concepts Inc., for cable installation, at a total cost of $13,836.86.
Per the Finance Department, funding is from:
( ) .
Background:
Part of the construction costs of the new Fire Station No. 1 involves
the installation of cabling for telephones, computers, and cable T.V.
Sealed competitive quotations were received on April 20, 1993 from
three (3) contractors, per attached tabulation sheet.
The lowest priced quotation, submitted by Communications by Johnson,
was incorrectly priced, per attached letter from contractor.
The second lowest priced quotation, submitted by Teledata Concepts
Inc., meets City specifications. Their references are acceptable.
They offer a one year warranty on labor and material.
The third contractor, Universal Cabling System also meets City
specifications. They offer a five year warranty on labor and material.
MIS recommends Universal Cabling because of the five year warranty and
because of the good work this firm has done for the City in the past.
Because City specifications do not require a five year warranty, the
low responsive, responsible contractor is Teledata Concepts Inc.
Recommendation:
The Purchasing Officer recommends award to Teledata Concepts Inc.
(Proposal A - Type 2 Cable), at a total installed cost of $13,836.86.
Attachments:
Tabulation of Quotations
Letter from Communications By Johnson
Memo from MIS
c: Chief Koen
Richard Zuccaro
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< 'Communications \f)o ~o. Box 10565
J h n Riviera Bej:tch, FL 33419
by 0 nso inc. (~Q7) 848-9393 :i
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Mr. Gregory A. Welch
City of Delray Beach
- ;' 100 N. W. 1st Avenue
:; 1" Delray Beach, Fl. 33444
,"
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~ Re: Bid Retraction
I't
Dear Greg:
t:
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". I must retr_'act the bid that we sUbmit.ted for the Voice, Data and
CATV Cabling plant for the Fire Station because I fOU11d a
$10,000.00 addition error in our total. Otir price submitte~ was
. I $11,973.30, and it should have been $21,973~30.
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I understand that the bids are closed and we will, be out of
consideration with this price change, but this was just a simple
. error on our part.
~' J Thank. you for your consideration, and we ho'pe that thi.s will not.
affect our opportunity to bid in the future.
~. Yours very truly,
COMMUNICAT!ONS BY JOHNSON, INC.
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[IT' DF DELIA' BEA[H
100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000
t9IJIWID1
TO: Ted Glas, Purchasing Officer
/}7
// :L:.
TmU: Richard Zuccaro, Information Systems ManagerOZ:~
fR(J4 : Greg Welch, Systems Administrator D,UJ ~
Amanda Allen, Communications/Systems Trainer 1f
DATE: April 2.2., 1993
SlI3JECT: New Fire Headquarters Cabling Quotation #1684
Low Bidder: Connunications by Johnson
$11,973.30 (Quotat ion has been Retracted)
Warranty Period: Unknown Letter Attached
---------------------------------------------------------------------
After check i ng all references and in the best interest of the
City, Management Information Systems deemed it necessary to
request additional information (item breakdown) from vendors to
aid in the review process. References provided by Communications
by Johnson were for telephone cabling only and items specified in
a previous quotation were incompatible with the data cabling that
we require. After requesting the item listing by unit type and
unit cost Communications by Johnson re-evaluated their quotation
and found an addition error, as a result they have submitted a
letter retracting their quotation. Please find the letter
attached.
2 Lowest Bidder: Teledata
$13,836.86
Warranty Period: 1 Year
---------~------------------------------------------------------------
After check i ng a 11 references for Teledata, the second lowest
bidder, we find their references show experience in the type of
cabl ing we require. All of their references included telephone
and data cabling. All references found the cab 11 ng systems
installed to be reliable and when service was necessary, it was
provided in a professional and timely manner. We found that the
quotation submitted by Teledata to meet all specifications and
requirements for the cabling system we require.
THE EFFORT ALWAYS MATTERS
.,
Final Bidder: Universal Cabling Systems
$14,300.00
Warranty Period: 5 Years
----------------------------------------------------------------------
After reviewing and checking references, we find their references
showed experience in the type of cabling we require. All of their
references i nc 1 uded te 1 ephone and data cab 1 i ng . All references
found systems installed to be reliable and when service was
necessary, it was provided in a professional and timely manner.
We found that the quotation Universal Cabling Systems submitted
'met all of the specifications for the cabling system we require.
M.I.S. Recommendation
Based on past and present services provided and the low cost
differential between the second lowest bidder and the 3rd bidder,
($463.14) it is our technical reconrnendation that we select
Universal Cabling Systems to do the work at the new Central Fire
Headquarters. Universal Cab 1 i ng Systems have installed cabling
systems in the Police Station, Old Central Fire Stat ion, Fire
Station Z, Fire Station 5, Environmental Services complex, City
Attorneys offices, Community Center, and City Hall. All cabling
and cabling system components installed by Universal Cab 11 ng
Systems have been found to be reliable and flexible enough to
support our changing data, voice, and video needs. When service
has been necessary Universal Cab 1 i ng Systems response has been
immediate and at no charge. Universal Cablings Systems primary
experience is installing cabling systems and providing services
to local government and schools, therefore they understand the
need for quick service during non-business hours. Universal
Cabling Systems warranty period of Five years shows a commitment
to the systems they install. Time is of the Essence and we are
confident that Universal Cabling Systems will complete the job as
specified within the time period allotted.
/aga/gaw
cc: Robert A. Barcinski, Asst., City Manager
/"
.
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~;f
SUBJECT: AGENDA ITEM i qA - MEETING OF APRIL 27. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: April 23, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period April 12,
1993 through April 23, 1993. The following actions were considered
during this reporting period:
Planning and Zoning Board did not consider any appealable items during
this reporting period.
Site Plan Review and Appearance Board:
-Denied the architectural elevation plan associated with the
construction of a laundromat facility for Bi-Lo Grocery.
-Tabled the architectural elevation plan (color change) for
Atlantic Market.
-Approved the architectural elevation plan (color change) for the
Huntingdon Resort.
-Approved a change to the architectural elevation plan (awning
addition) for Computer Parts Outlet, Inc.
-Approved a major site plan modification, landscape and
architectural elevation plans associated with the expansion of
the Mitsubishi Dealership. Concurrently, recommended approval of
a waiver to reduce the number of required interior trees.
-Approved a minor site plan modification and landscape plan
associated with the construction of recreational facilities for
Unity Church and School.
-Approved the site, landscape and architectural elevation plans
for Levenger Furniture.
Historic Preservation Board:
-Granted a Certificate of Appropriateness in conjunction with the
construction of a garage at 123 N.E. 1st Avenue ( 5 - 1 vote).
A detailed staff report is attached as backup material for this item.
'.
.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR }:J.~U ~L
DEPARTMENT OF PLANNING AND Z~I\{~
7 ~!
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FROM: ;OASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF APRIL 27, 1993
REPORT OF APPEALABLE LAND USE ITEMS
APRIL 12, 1993 THRU APRIL 23, 1993
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of April 12, 1993, through April
23, 1993.
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.
,
City Commission Documentation
Report of Appealable Land Use Items
April 12, 1993 thru April 23, 1993
Page 2
PLANNING AND ZONING BOARD MEETING OF APRIL 19, 1993
No appealable items were considered by the Board. The following
agenda items which were considered by the Board will be
forwarded to the City Commission as separate agenda items:
* Recommended approval (4 to 0) , of a LDR Text Amendment
regarding the deletion of certain notice requirements
associated with drainage assessments.
* Recommended (6 to 0) that the City Commission takes the
position with respect to the County's Proposed Plan
Amendment which deletes University Parkway from the County
Thoroughfare Right-of-way map.
* Recommended (6 to 0), to the City Commission a schedule for
the SW 10th Street Improvement Program. This item was
considered by the City Commission.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 21,
1993: :
1. Denied the architectural elevation plan associated with the
construction of laundromat facility for Bi-Lo Grocery,
located at the southwest corner of Atlantic Avenue and SW
9th Avenue (Vote 5 to 0). The Board wanted the applicant to
address the overall design concept. The site and landscape
plans were previously approved.
2. Tabled the architectural elevation plan (color change) for
Atlantic Market, located on the north side of Atlantic
Avenue between SW 6th and 7th Avenues (Vote 5 to 0).
3. Approved the architectural elevation plan (color change)
for The Huntingdon Resort, located on the west side
Gleason, south of Atlantic Avenue (Vote 5 to 0).
4. Approved a change to the architectural elevation plan
(awning addition) for Computer Parts Outlet Inc. , located
on the east side of SE 1st Avenue, south of Atlantic Avenue
(Vote 5 to 0).
5. Approved a major site plan modification, landscape plan and
architectural elevation plan associated with the expansion
of the Mitsubishi Dealership, located on the east side of
Federal Highway, south of Tropic Boulevard and immediately
south of Delray Mazda Dealership (Vote 4 to 0). Also, the
Board recommended that a waiver be granted to reduce the
number of required interior trees.
6. Approved a minor site plan modification and landscape plan
associated with the construction of recreational facilities
including a multi-purpose field, baseball field, basketball
court and jogging trail for Unity Church and SChool,
located at the northwest corner of Swinton Avenue and NW
22nd Avenue (Vote 4 to 0).
'.
City Commission Documentation
Report of Appealable Land Use Items
April 12, 1993 thru April 23, 1993
Page 3
7. Approved the site plan, landscape plan and architectural
elevation plan associated with the construction of a
111,600 sq. ft. mail order distribution center, Levenger
Furniture, at Congress Park South which is located on the
west side of Congress Avenue, south of Atlantic Avenue
(Vote 4 to 0).
No other appealable items were considered by the Board.
HISTORIC PRESERVATION BOARD MEETING OF APRIL 21, 1993
A. Granted a Certificate of Appropriateness on a 5 to 1 vote
associated with the construction of a garage at 123 NE 1st
Avenue.
No other appealable items were considered by the Board. However,
the following agenda items required Board action.
* In conjunction with the above request, the Board denied a
request for variance on a 6 to 0 vote to reduce the
required side setback from 7.5' to 6' in that the Board
felt that the garage can be accommodated and meet all
setback requirements.
* Granted on a 6 to 0 vote, a request for a variance to
allow the construction of a trellis within the required
side setback for a single family residence at 160 Marine
Way.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
Ref Y:ccapr27
.,
-
LoeA nON MAP fOR
CITY COMMISSION MEETING
Of APRIL 27. 1993
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2. - ATLANTIC MARKET H.P .B. ITEMS:
3. - THE HUNTINGDON RESORT
4. - COMPUTER PARTS OUTLET A. - 123 N.E. 1 ST AVENUE
5. - MITSUBISHI
N 6. - UNITY CHURCH o!c SCHOOL
7. - LEVENGER rACllITY
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CITY OF DELRAY BEACH. FLORIDA
PLANNING DEPARnUNT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJ>t1
SUBJECT: AGENDA ITEM # q B - MEETING OF APRIL 27. 1993
UNIVERSITY DRIVE
DATE: April 23, 1993
At the September 22, 1992 regular meeting, the Commission endorsed the
Planning and Zoning Board recommendation opposing proposed changes to
the Broward County traffic arterial which would extend from the
Sawgrass Expressway in Broward County to either Atlantic Avenue or
Flavor Pict Road in Palm Beach County. A letter was sent to Broward
County regarding their proposed amendment and a request was made to
the Palm Beach County Board of County Commissioners that consideration
be given to delete University Parkway from the County Thoroughfare
Plan.
The Board of County Commissioners subsequently directed their staff to
prepare the necessary studies to address the deletion of University
Parkway from the Thoroughfare Right-of-way Identification Map for
consideration during the first transmittal of amendments to the
Comprehensive Plan in 1993. This issue is scheduled to go before the
Land Use Advisory Board sitting as the Local Planning Agency on April
28, 1993 and the Board of County Commissioners on May 24, 1993.
The Planning and Zoning Board at their April 19th meeting recommended
that the Parkway be deleted.
Recommend endorsement of the Planning and Zoning Board action of April
19, 1993, recommending that the University Parkway project be deleted
from the County's Thoroughfare Right-of-way Identification Map.
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[ITY DF DELRAY BEA[H
100 I'\L VJ 1 '.1 I... \/i"~: f\! t) E . Uf:U'iAY t:l:ACH '.UJRIDA 33444 . 407/243.7000
May 4, 1993
Honorable Bill T. Smith, Jr.
Mayor and City Commissioners
City of Boca Raton
201 West Palmetto Park Road
Boca Raton, Florida 33432
Re: County Plan Amendment Reqarding University Parkway
Dear Bill T. Smith, Jr. , Mayor and City Commission:
Later this month, the Board of Palm Beach County Commissioners will
be considering an amendment to its Comprehensive Plan which DELETES
UNIVERSITY PARKWAY from the Thoroughfare Right-of-Way Identification
Map. We urge you to join us in support of the proposed DELETION.
The subject of University Parkway was under discussion last year
when Broward County suggested are-alignment within Palm Beach
County as to better suit Broward County desires. That issue raised,
within Palm Beach County, the appropriateness of even having the
University Parkway project shown on the County Plan. At that time,
the Palm Beach County Commissioners directed that with the next
amendment of the County Plan, consideration be given to deletion of
the parkway project. That item is now formally before the County.
Enclosed is a copy of our Planning and Zoning Board report upon
which we, the City Commission of Delray Beach, based our unanimous
support of the proposition to DELETE UNIVERSITY PARKWAY from the
County Comprehensive Plan.
Sincerely,
. --."
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'-THOMAs E. LYNCH
/
Mayor
c:
Alison Harty, City Clerk
David Harden, City Manager
David Kovacs, Director of Planning
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C I T Y COMMISSION' DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
f. ^ ,- ~
FROM: ".. DA VtD J. KOVACS, ~
EPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 27, 1993
ENDORSEMENT OF PLANNING AND ZONING BOARD
RECOMMENDATIONS REGARDING CHANGES TO PALM BEACH COUNTY
PLAN RE UNIVERSITY PARKWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
endorsement of a Planning and Zoning Board recommendation
which will result in a formal recommendation to the Board
of County Commissioners.
The subject is the proposed DELETION of University Parkway
from the County's Thoroughfare Right-of-Way Identification
Map.
BACKGROUND:
Please review the attached Planning and Zoning Board staff
report for description and details. In essence, in response to
objections ( from Delray Beach and others) to a proposed
realignment of University Parkway in Broward County, the Board
of County Commissioners directed that consideration of removal
(DELETION) of the proposed parkway be included in the Palm Beach
County Plan Amendment 93-1.
Based upon City Commission direction to the Administration to be
a watchdog on such matters, the subject is being brought forward
for official City comment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of Monday, April 19th. The Board unanimously (6-0,
Naron absent) recommended that the Parkway be DELETED. Among
the reasons for the recommendation were:
1. The proposed terminus at Atlantic Avenue (and/or Flavor
Pict) would directly funnel a significant volume of traffic
onto an already congested roadway;
.,
City Commission Documentation
Endorsement of P&Z Board Recommendations Regarding Changes to
Palm Beach County Plan Re University Parkway
Page 2
2. Increased congestion in the area between Jog Road and the
Turnpike has a negative effect upon existing commercial
areas to the east, including downtown redevelopment efforts
(i.e. difficulty in making east/west traffic movements);
3. Consideration should be given to the continued enhancement
of east/west traffic flow as opposed to north/south traffic
flow;
4. The creation of new roadways as the primary response to
alleviating traffic problems induced by sprawl has long
been viewed as an inappropriate first response;
5. If the parkway is to remain, the County should then
consider high land use intensity in proximity to
interchanges (one mile +/-) as opposed to furthering sprawl
with a new roadway and further land use designations of low
density.
RECOMMENDED ACTION:
By motion, endorsement of the Planning and Zoning Board
recommendation with direction to the Administration to send this
position to the County Land Use Advisory Board and the Board of
Palm Beach County Commissioners.
Attachment:
* P&Z Staff Report & Documentation of April 19, 1993
DJK/CCUNIVP.DOC
.
.
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 19, 1993
AGENDA ITEM: V.B. REVIEW AND RECOMMENDATION RE COUNTY PLAN
AMENDMENT RE UNIVERSITY PARKWAY
ITEM BEFORE THE BOARD:
.
The item before the Board is that of review and
recommending to the City Commission the position which the
City should take with respect to the County's Proposed Plan
Amendment which DELETES University Parkway from the County
Thoroughfare Right-of-Way Map Identification Map.
BACKGROUND:
Last year Broward County requested that Palm Beach County
comment on a proposed re-alignment of University Parkway. The
City of Delray Beach raised an objection to even having the
concept of a high-volume roadway extending from Broward County
and terminating at Atlantic Avenue (or thereabouts). The City
argued that such a strategy would place heavy traffic demands on
the westerly portion of Atlantic Avenue to the detriment of west
to east traffic flow and, hence, be injurious to the
redevelopment of our City.
For the above, and other reasons, the Board of County
Commissioners directed that its staff conclude discussions with
Broward County and that in Plan Amendment 93-1 consideration be
given to deleting University Parkway from the County
Comprehensive Plan. Such a Plan Amendment is now under review.
ANALYSIS:
Please refer to the draft County staff report and comments from
the City Traffic Engineer.
.
RECOMMENDED ACTION:
This item is still under review by the Director.
Attachments: .
* Draft County Staff
* Memorandum for t Engineer
Report prepared by:
Reviewed by DJK on:
DJK/T:PZPKWAY.DOC
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Situation:
The Board of County Commissioners is considering the deletion from
the County Thoroughfare Right-of-way Identification Map of
University Parkway. This action is to take place in the first
County Plan amendment of 1993 (May 24th).
Historical Overview:
.
. Originally University Parkway was established as the western
most, major north/south route, tying Broward County into West
Atlantic Avenue and continuing north.
. 1991 - northern terminus changed to West Atlantic Avenue/Flavor
Pic Road.
. September 22, 1992, City Commission formally opposes University
Parkway terminus at West Atlantic Avenue, as well as the
creation of a road serving an area of urban sprawl (see Mayor
Lynch letter to County Commission dated September 23, 1993) .
Study Alternatives:
Recently, traffic models (Palm Beach County, Broward County, FOOT)
for the future time frame of 2015+ have been run with various
roadway alternatives for the southwestern Palm Beach County area.
These modeling efforts still continue to show alternatives with
University Parkway terminating at West Atlantic Avenue.
A direct connection of University Parkway could result in an
additional 30,000 Daily vehicles utilizing to West Atlantic Avenue.
A connection to an east/west road further south (ie: Clint Moore or
Yamato Roads) would minimize the impacts of University Parkway on
the Atlantic Avenue corridor.
Conclusions L Positions:
.
1. University Parkway appears necessary to serve existing land use
densities in Southwestern Palm Beach County.
2. If constructed, or designated, such actions must be for an
expressway section (not an arterial section) as such a section
gives greater road capacity, and can reduced access/development
pressure.
.
3. The need exists for the identification of other
methods/alternatives of addressing mobility needs in this
geographic area. .
4. The City should remain opposed to a terminus of any new
facility at West Atlantic Avenue.
Date of Report: 4/13/93 Prepared by: Greg Luttrell
T:\Advanced\Univpkwy
.
5/13/93 c: City Manager
David Kqvacs, Alison Harty
~~ o/PAoca ~
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201 WEST PALMETTO PARK ROAD. BOCA RATON, FLORIDA 33432-3730. (407) 393-7708
MA YOR COUNCIL MEMBERS
BILL T. SMITH. JR. STEVEN L ABRAMS
-........:..- . ......:..,.,
DEPUTY MAYOR ALAN C. ALFORD ~~~ t: -~,J' ~ ~ ~~; t:: ~~;
BETTY R. HOLLAND ESTHER B. DANCE
[vi t\Y 1 j 1993
CiTY :,~()~I!f\!; )S~~i()l\:
May 10, 1993
The Honorable Thomas E. Lynch
City of Delray Beach
lOa N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mayor Lynch:
I am in receipt of your letter concerning the proposed
deletion of University Parkway from the County Comprehensive
Plan.
I have forwarded your letter and copy of your Planning and
Zoning Board report to Richard Witker, City Manager, for his
review and response.
Thank you for sharing your thoughts on this matter.
c: R. H. Witker
BTS89\E
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ T. HARDEN, CITY MANAGER
~ ..td)~~
FROM: "DAVID J. KOVACS, DIR CTOR
EPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 27, 1993
ENDORSEMENT OF PLANNING AND ZONING BOARD
RECOMMENDATIONS REGARDING CHANGES TO PALM BEACH COUNTY
PLAN RE UNIVERSITY PARKWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
endorsement of a Planning and Zoning Board recommendation
which will result in a formal recommendation to the Board
of County Commissioners.
The subject is the proposed DELETION of University Parkway
from the County's Thoroughfare Right-of-Way Identification
Map.
BACKGROUND:
Please review the attached Planning and Zoning Board staff
report for description and details. In essence, in response to
objections (from Delray Beach and others) to a proposed
realignment of University Parkway in Broward County, the Board
of County Commissioners directed that consideration of removal
(DELETION) of the proposed parkway be included in the Palm Beach
County Plan Amendment 93-1.
Based upon City Commission direction to the Administration to be
a watchdog on such matters, the subject is being brought forward
for official City comment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of Monday, April 19th. The Board unanimously (6-0,
Naron absent) recommended that the Parkway be DELETED. Among
the reasons for the recommendation were:
1. The proposed terminus at Atlantic Avenue (and/or Flavor
Pict) would directly funnel a significant volume of traffic
onto an already congested roadway;
"
.
City Commission Documentation
Endorsement of P&Z Board Recommendations Regarding Changes to
Palm Beach County Plan Re University Parkway
Page 2
2. Increased congestion in the area between Jog Road and the
Turnpike has a negative effect upon existing commercial
areas to the east, including downtown redevelopment efforts
(i.e. difficulty in making east/west traffic movements);
3. Consideration should be given to the continued enhancement
of east/west traffic flow as opposed to north/south traffic
flow;
4. The creation of new roadways as the primary response to
alleviating traffic problems induced by sprawl has long
been viewed as an inappropriate first response;
5. If the parkway is to remain, the County should then
consider high land use intensity in proximity to
interchanges (one mile +/-) as opposed to furthering sprawl
with a new roadway and further land use designations of low
density.
RECOMMENDED ACTION:
By motion, endorsement of the Planning and Zoning Board
recommendation with direction to the Administration to send this
position to the County Land Use Advisory Board and the Board of
Palm Beach County Commissioners.
Attachment:
* P&Z Staff Report & Documentation of April 19, 1993
DJK/CCUNIVP.DOC
'.
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 19, 1993
AGENDA ITEM: V.B. REVIEW AND RECOMMENDATION RE COUNTY PLAN
AMENDMENT RE UNIVERSITY PARKWAY
ITEM BEFORE THE BOARD:
.
The item before the Board is that of review and
recommending to the City Commission the position which the
City should take with respect to the County's Proposed Plan
Amendment which DELETES University Parkway from the County
Thoroughfare Right-of-Way Map Identification Map.
BACKGROUND:
Last year Broward County requested that Palm Beach County
comment on a proposed re-alignment of University Parkway. The
City of Delray Beach raised an objection to even having the
concept of a high-volume roadway extending from Broward County
and terminating at Atlantic Avenue (or thereabouts). The City
argued that such a strategy would place heavy traffic demands on
the westerly portion of Atlantic Avenue to the detriment of west
to east traffic flow and, hence, be injurious to the
redevelopment of our City.
For the above, and other reasons, the Board of County
Commissioners directed that its staff conclude discussions with
Broward County and that in Plan Amendment 93-1 consideration be
given to deleting University Parkway from the County
Comprehensive Plan. Such a Plan Amendment is now under review.
ANALYSIS:
Please refer to the draft County staff report and comments from
the City Traffic Engineer.
RECOMMENDED ACTION:
This item is still under review by the Director.
Attachments:
* Draft County Staff Report
* Memorandum for ity Traffic Engineer
Report prepared by:
Reviewed by DJK on:
DJK/T:PZPKWAY.DOC
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Situation:
The Board of County Commissioners is considering the deletion from
the County Thoroughfare Right-of-way Identification Map of
University Parkway. This action is to take place in the first
County Plan amendment of 1993 (May 24th).
Historical Overview:
.
. Originally University Parkway was established as the western
most, major north/south route, tying Broward County into West
Atlantic Avenue and continuing north.
. 1991 - northern terminus changed to West Atlantic Avenue/Flavor
Pic Road.
. September 22, 1992, City Commission formally opposes University
Parkway terminus at West Atlantic Avenue, as well as the
creation of a road serving an area of urban sprawl (see Mayor
Lynch letter to County Commission dated September 23, 1993).
Study Alternatives:
Recently, traffic models (Palm Beach County, Broward County, FOOT)
for the future time frame of 2015+ have been run with various
roadway alternatives for the southwestern Palm Beach County area.
These modeling efforts still continue to show alternatives with
University Parkway terminating at West Atlantic Avenue.
A direct connection of University Parkway could result in an
additional 30,000 Daily vehicles utilizing to West Atlantic Avenue.
A connection to an east/west road further south (ie: Clint Moore or
Yamato Roads) would minimize the impacts of University Parkway on
the Atlantic Avenue corridor.
Conclusions L Positions:
1. University Parkway appears necessary to serve existing land use
densities in Southwestern Palm Beach County.
2. If constructed, or designated, such actions must be for an
expressway section (not an arterial section) as such a section
gives greater road capacity, and can reduced access/development
pressure.
3. The need exists for the identification of other
methods/alternatives of addressing mobility needs in this
geographic area. .
4. The City should remain opposed to a terminus of any new
facility at West Atlantic Avenue.
Date of Report: 4/13/93 Prepared by: Greg Luttrell
T:\Advanced\Univpkwy
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September 23, 1992
The Honorable Karen Marctts and
Palm Beach County Board of County Commissioners
301 North Olive
West Palm Beach, FL 33401
Re: Deletion of University Parkway from the
Plan
Dear
The city of Delray Beach has been made aware of proposed
amendments to the Broward County Trafficways Plan which
pertained to University Parkway. We are very interested in
considerations dealing with University Parkway since its
northern terminus is currently projected at the west end of our
community and traffic from it will significantly, and adversely,
impact our roadways and land use planning,
In review of the Broward County proposal and information gleaned
at your worksession on the subject, we note that a stated reason
for the proposed realignment is to accommodate level of service
deficiencies on other roadways. Such a solution to solving such
deficiencies seems to induce urban sprawl and runs counter to
~ .policies and activities of our City, and the County, to promote
use of transit and the encouragement of population concentration
J in the eastern portion of the County. Thus, the City Commission
of the City of Delray Beach has formally acted to request that
the Board of Palm Beach County Commissioners consider deletion
of University Parkway from the County Thoroughfare Plan in its
first amendment for the year 1993. ~~(Cm:RWlE1D)
s~n~,
. /t.I.V OCT 2 1992
Th16as/E. Lynch PLANNING & ZONING
t'1A 0 R
Copies:
Palm Beach County Commissioner McCarty, District 4
Palm Beach County Commissioner Phillips, District 5
Bob Wiseman, Palm Beach County Administrator
George Webb, Palm Beach County Engineer
Charlie Walker, Acting Assistant County Engineer
Emil Danciu, Mayor Boca Raton
"T" ~ . .
.,
Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts Department of Planning, Zoning & Building
Warren H. Newell
Burt Aaronson
Maude Ford Lee
March 31, 1993
Mr. David Kovacs, Planning Director
City of Delray Beach .
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: DELETION OF UNIVERSITY PARKWAY FROH THE THOROUGHFARE RIGHT-OF-
WAY IDENTIFIC TION MAP (TIH)
0, ~
Dear Mr.. i~)
Enclosed please find a draft copy of a report prepared by the
County's Traffic Division concerning the above referenced matter.
Since the Local Planning Agency will be considering this proposed
map amendment at their April 28, 1993 public hearing, in order for
your comments to be included in the LPA distribution package, your
comments must be received no later than April 14, 1993. If you
cannot meet this deadline, the Planning Division will be happy to
distribute your comments at the April 28, 1993 public hearing.
I will send you a copy of the report addressing the 12 traffic
performance criteria as soon as it is provided to the Planning
Division.
Please call me directly if you would like to discuss this matter.
Sincerely yours,
(\
~) JJvJ,r,
Dennis R. Foltz, A.I.C.P.
Planning Director
Ene. March 25, 1993 memo & attachment
p.c. Orran L. Hudson, A.I.C.P., Principal Planner
Earl R. Hahn, Senior Planner
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APR 5 1993
File = H:\erh\unipark.l
PLANNING & ZONiNG .
"An Equal Opportunity - Affirmative Action Employer" ._
@ ponted on recycllKt pape, 800 13th Street West Palm Beach, Florida 33406 (407) 233-5300
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INTER-OFFICE COMMUNICATION r-- -..-----
PALM BEACH COUNTY ftECE~\l :
M~.~ 2 6 40q'3
DATE: March 25, 1993 PL . 't~~\;;. Ji ~;5lott ..
...t jJ
TO: George T. Webb, P.E., County Engineer
Charles R. Walker, Jr., P.E., Director - Traffic Division
Randy Whitfield, P.E., Director - MPO
Allen Ennis, P.E., D~velopment Review Engineer
~hn Anderson, FOOT
arl Hahn, Planning Division
Carl Flick, Planning Division
Barbara Alterman, Assistant County Attorney
.. .
FROM: Dan Weisberg, P.E. S?t-
Senior Registered Civil Engineer
SUBJECT: UNIVERSITY PARKWAY - DELETION FROM THE THOROUGHFARE RIGHT-Of-WAY
IDENTIfICATION MAP
The Board of County Commissioners(BCC) directed staff to prepare the necessary
studies' to' address the deletion of University Parkway from the Thoroughfare
Right-of-way Identification Map for consideration during the first transmittal
of amendments to the Comprehensive Plan in 1993. A draft copy of the report,
prepared by the Traffic Division, addressing University Parkway is enclosed for
review and comment. This report will be used to prepare the 12 criteria that
the BCC must consider, in accordance with the provisions in the Traffic
Performance Standards of Palm Beach County, when addressing the elimination or
reduction of a roadway link from the Thoroughfare Right-of-Way Identification
Map.
The issue is scheduled to go before the land Use Advisory Board sitting as the
local Planning Agency on ,April 28, 1993 and the Board of County Commissioners on
May 24, 19.93.
..
UNIVERSITY PARKWAY CORRIDOR STUDY DRAFT
INTRODUCTION
On October 6, 1992, the Board of County Commissioners (BCC) directed staff to
prepare a study addressing the removal of University Parkway from the
Thoroughfare Right-of-Way Identification Map. This study was to be prepared for
the first round of amendments to the Palm Beach County Comprehensive Plan in
1993.
HISTORY OF UNIVERSITY PARKWAY .
University Parkway was originally envisioned as the western most major north -
south roadway in the urbanized area of Palm Beach County. It was shown in the
Thoroughfare Right-of-Way Protection Map adopted in 19__ as a 1320? foot wide
corridor going from the Broward County line to the Martin County line. The 13201
foot wide right-of-way would allow for the design of a 6-lane highway, with full
access control. It would be a parkway design roadway with wide medians and swale
areas. In the southern part of Palm Beach County, it followed its present
alignment as shown on the existing Thoroughfare Right-of-Way Identification Map, ~
North of the presently planned terminus of University Drive, at West Atlantic
Avenue and Flavor Pict Road, it was planned to generally follow the alignment of
the L-40 Canal, approximately a mile east of the canal. In central Palm Beach
County, University Parkway was planned to tie into what is presently Seminole
Pratt Whitney Road, following that alignment to the Martin County line.
The L-40 Canal is the eastern border of the Loxahatchee National Wildlife Refuge
Conservation Area No. 1. Between West Atlantic Avenue and Boynton Beach
Boulevard, the l-40 Canal is at is easterly most location, located only one mile
from State Road 7 (US 441). In 19__, concern for the close proximity of the
proposed alignment of University Drive to Conservation Area No.1 resulted in the
removal of University Parkway from the Thoroughfare Right-of-Way Protection Map
in central'Palm Beach County. Several findings were made when the elimination
of this section of University Parkway was being considered. The short distance
between the L-40 Canal ant State Road 7 necessitated bringing University close
to State Road 7. State Road 7 is envisioned as a limited access roadway. There
was question as to the utility of two high design roadway facilities in such
close proximity. In addition, Martin County has question as to their plans for
Seminole Pratt Whitney Road. They advised Palm Beach County that they had no
plans for a major roadway to tie into Un i vers ity Parkway. When the central
County section of University Parkway was eliminated from the Thoroughfare Right-
of -Way- Protecti'on. Map, the ?northern Count v and south Count v? sect i on of
University Parkway were reduced to a 120 foot wide right-of-way, Some ?4001 foot
wide right-of-way dedications have been made for University Parkway in the
southern County.
A consultant was hired by Palm Beach County in 11991? to establish a precise
alignment for University Parkway in the southern County. Preliminary
recommendation from this study showed a need for right-of-way wider than 120 feet
in order to accommodate drainage design requirements. In 1991, staff proposed
an amendment to the Thoroughfare Right-of-Way Protection Map, increasing the
1
.. '
"
.
right-of-way width to 240 feet. The BCC adopted the 240 foot wide right-of-way
in 1992, with a restriction limiting University Parkway to a 4-lane surface
arterial roadway with liberal landscaping and buffering of adjacent development.
The BCC also required pedestrian and bicycle facilities included in the future
design and consideration for bridle paths.
In Broward County, the proposed alignment of University Parkway (also known as
the proposed Sawgrass Extension) was changed in 1992. The alignment originally
shown on the Trafficways Map called for a 325 foot wide right-of-way that
connected to the University Parkway as shown on the Thoroughfare Right-of-Way
Protection Map. The alignment proceeded due north from the Sawgrass Expressway,
immediately east of the l-36 Canal, the eastern border of the loxahatchee
National Wildlife Refuge Conservation Area No.2, for a little more than a mile.
It then turned northeast and connected with the proposed location for University
Parkway in Palm Beach County. Their was a proposal to eliminate the alignment.
Instead, the alignment was changed to continue the due north direction east of
Conservation Area No~ 2 all the way to the Palm Beach County line. The right-of-
way width was reduced to ?2401 feet. Three other roadway alignments, for local
roadways in the study area that would not cross into Palm Beach County, were
changed. Figure 1 shows the old and new alignments of the Sawgrass Extension in
relation to the alignment for University Parkway.
In 1992, Broward County requested that the Palm Beach County change the alignment
of Univers)ty Parkway in the Thoroughfare Right-of-Way Identification Map to meet
the ne alignment for Sawgrass Extension. The BCC decided to hold action on that
request until after the November election, because there would be a new District
5 Commissioner.
COMPUTER MODELS
Several different computer models are used in Palm Beach County for
transportation planning purposes. The Buildout Model is based on a composite of
all of the local Comprehensive land Use Plans in Palm Beach County. It assumes
that development has occurred on all parcels of land in accordance with their
land uSe designaff~ns. Traffic from these land uses are assigned to a roadway
network based on all roadways shown on the Thoroughfare Right-of-Way
Identific~tion Map being built to their maximum cross-sections. The Build-out
Model has alwa s been the test for elimination or reduction of roadwa s from t~e
Thorou hfare Ri en 1 lca 10 . lnce e oroug are Right-of-
Way enti ication Map represents the ultimate roadway system in the County it
is believed that the elimination of roadways from the system should be based on
the ultimate buildout of the County.
The 2010 Model is also based on a composite of all the local Comprehensive land
Use Pl ans. The intensity of development is based on the 2010 population
projections for the County. The population and associated development is
ass i gned throughout the County in accordance with exi st i ng development trends and
projected development trends. The 2010 plan is the mandated 20 year planning
horizon. These plans are updated every 5 years. The update to the 2015 plan
will be beginning soon.
Both the 2010 Model and the Buildout Model use the Florida Standard Urban
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Transportation Model Structure (FSUTMS) which is modified and calibrated to
ref1 ect the roadway network, land use (socio-economic data) and trip making
characteristics in Palm Beach County, Palm Beach County is part of a larger
urbanized area which includes Broward County and Dade County. Many of the trips
within Palm Beach County, particularly the southern section, have origins or
destinations to the urbanized area to the south. The socio-economic data does
not extend beyond Palm Beach County. In order to properly represent the cross
county traffic in the model, certain externalities are assumed, This approach
is a fairly accurate representation of trips with origins or destination outside
of Palm Beach County. When testing the effects of changing roadway that cross
into Broward County, the assumed externalities no longer hold true, Using the
Buildout Model used in Palm Beach County to test the effects of eliminating
University Parkway would producd questionable results.
Broward County also maintains a computer model similar to Palm Beach County Model
for doing long range traffic forecasting. Their .Urban Model" is also based on
FSUTMS, modified and calibrated to reflect the roadway network, land use and trip
making characteristics in Broward County. The Urban Model uses a roadway network
based on the Trafficways Map, Broward County's equivalent of the Thoroughfare
Right-of-Way Identification Map.
The Florida Department of Transportation (FOOT) maintains the Southeast Regional
Planning Model (SERPM). SERPM includes all of Dade, Broward and Palm Beach
Counties. It is the best method for determining the interaction between the two
counties.
FOOT prepared a study in 1991 to evaluate the needs for roadways between
northwest Broward and southwest Palm Beach Counties. The FOOT study used a two
step modeling process to provide the most accurate projections. First, SERPM was
used to determine the through traffic in the study area. Second, the Urban Model
was mod i fi.edto i nc 1 ude the Boca Raton area of Palm Beach County and was used to
develop more detailed local projections. The Urban Model was used to run the
various network alternatives because, with a smaller zonal structure, it is more
sensitive to local network changes than SERPM. Four network alternative were run
for the 1991 study. The FOOT study provides the traffic modeling basis for the
for the first four alternatives addressed in this study. The FOOT study area
is shown in Figure 2.
FOOT is presently undertaking a corridor study for University Drive from Broward
% County to Palm Beach County. This study also uses the modeling structure used
in the- 1991 stlidy. FOOT has agreed to provide an additional model for the
University Parkway study showing the Trafficways al ignment for University Parkway
and two alternate alignments of University Drive without University Parkway,
SOCIO-ECONOMIC DATA
Zonal socio-economic data was provide for the FOOT study by Broward and Palm
Beach Counties. .Buildout data was available for all of Palm Beach County and
northwest Broward County, but not all areas of Broward County. The Urban Model
used 2010 data where Buildout was not available. This results in conservative
~~r~~s. The combination of Buildout and 2010 socio-economic aata aoes not
ma erially change their study results because all data in the study area is
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Buildout data and is consistent. The projections obtained in their analysis are
representative of a 25 year planning horizon (ye~r 2015 of Buildout) for the
study area. The socio-economic data for the studY,area is shown in Table 1 and
the TAZ locations are shown in Figure 3, ~~.
ROADWAY NETWORKS '--
The Hillsboro Canal serves as a natural barrier between Palm Beach County and
Broward County from the Atlantic Ocean to two miles west of State Road 7. There
are presently no eanal crossing west of State Road 7. The "Benchmark" Network
represents the existing roadway network, The "Benchmark" Network is shown in
Figure 4. .
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The "Dual Arterial Crossing" Network is similar to the proposed amendments to the
Trafficways Map. There would be two canal crossings west of State Road 7. Coral
Ridge Drive would be a 4-lane divide roadway connecting to Palmetto Park Road.
University Drive would be a 6-lane divided roadway extending north to Glades Road
and Yamato Road. Uni vers i ty Dri ve does not extent to Yamato Road in the
Thoroughfare Right-of-Way Identification Map. The "Dual Arterial Crossing"
Network is shown in Figure 5.
The "University Parkway/Drive" Network is similar to the current Thoroughfare
Right-of-Way Identification Map. There would be two canal crossings west of
State Road 7. University Parkway would be a 4-lane expressway connecting to West
~ Atlantir. Avenu~. University Drive would be a 6-lane divided roadway to Palmetto
Park Road. Between Palmetto Park Road and Yamato Road it would be a 3-lane pair
serving as a collector and distributor road for University Parkway. The
"University Parkway/Drive" Network is shown in Figure 6.
The "Full" Network is essentially a combination of the "Dual" Network and the
"University Parkway/Drive" Network. There would be three canal crossing west of
) State Road 7. Coral Ridge Drive would be a 4-lane divided roadway connecting to
further north, to Glades Road via Nob Hill Road. University Parkway would be a
4-lane expressway connecting to W~~tlant;c Av~ue, University Drive would be
a 6-lane divided roadway connecti g to Palmetto Park:Road, Between Palmetto Park
Road and Yamato Road it would be a 3-lane pair serving as a collector and
distributor road for University Parkway. The "Full Network" is shown in Figure
7. '.. .
The "Trafficways" Network uses the Broward County al ignment of University
Parkway. The alignment is inunediately east of the C-41 canal. University
J Parkway would be a 4-lane expressway connecting to~ Atlantic Av~nue, Flavor
Pict Road as well as intermediate connections in est Boca Raton. University
Drive would be a 6-lane divided roadway connecting to Palmetto Park Road. The
"Trafficways" Network is shown in Figure 8.
The "U~iversity.,D.rive to Yamato Road" Network has no University Parkway.
University Drive extends north to Yamato Road as a 6-lane arterial roadway. The
"University Drive to Yamato Road" Network is shown in Figure 9.
I The "University Drive to Glades Road" Network also has no University Parkway.
_ University Drive extends north to Glades Road as a 6-lane arterial roadway, as
~ f'.~ 4
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it is shown in the The "University Drive to Glades Road"
Network is shown in
TRIP MAKING CHARACTERISTICS WITHIN THE STUDY AREA
The FOOT Northwest Broward County and Southwest Palm Beach County Year 2015
Transportation Corridor Analysis determined the gross number of trips generated
within and passing through the study area. The study estimated that there would
be 411,800 daily trips within the study area. These trips consist of 339.400
daily trips generated within the study area (82%) and 72.400 daily trips that
pass through the study area. This information is graphically shown in Figure 11.
Of the 339.400 daily trips generated in the study area. 284.000 daily trips (84%)
will leave the study area (external) and 55.400 daily trips will stay in the
study area (internal). This information is graphically shown in Figure 12.
Development i n--southern Palm Beach County and northern Broward County is
constrained from further westward expansion by . the canals which border
Conservation Areas No.1 and No.2 of the Loxahatchee National Wildlife Refuge.
In Broward County. the L-36 Canal is 4 miles further west than the L-40 Canal in
Palm Beach County. This more westwardly located potential development has no
direct northerly access. Without additional canal crossing west of State Road
7. much of the traffic from Broward County going to the north. and much of the
traffic from Palm Beach County going to western Broward County would be funneled
into the available crossings at State Road 7, Lyons Road and Florida's Turnpike.
LAND USE
In Palm Beach County. the lands in the western part of the study area. west of
the proposed location for University Parkway, east and south of the L-40 Canal
and south of Glades Road, have primarily agricultural uses wi th a 1 and use
designation of Rural Residential with a density ~f 1 dwelling unit per 10 acres.
It is also the location of the 1,200 acre Solid Waste Authority Site 1. which is
proposed to be a future land fill. There has been discussion by the Solid Waste
Authority regarding selling the Site 1 for development or converting it to
another use in response to neighborhood objections to the proposed land fill and
incinerator. A developer has made an offer to purchase the site for residential
deve 1 opment with a dens ity of 3 dwell i ng un its per acre. There is also a
proposed land use amendment which would change 400 acres of agricultural land
south of the Hi1lsboro Canal to a residential development with a density of 3
dwelling units per acre.
East of the proposed location of University Parkway and south of Glades Road land
is being ~eveloped at. medium and low density residential. ranging from 3 to 5
dwelling units per acre. Commercial development abuts State Road 7.
North of Glades Road and south of Clint Moore Road is mixture of land uses.
predominantly residential lands closer to State Road 7 with a density of 1 to 5
dwelling units per acre and some agricultural land uses. Closer to the l-40
Canal are agricultural lands and the location of 850 acres proposed for the South
County Regional Parks. North of Clint Moore Road the land is predominantly
agricultural. The wester part of the Agricultural Reserve Area is included in
the study area.
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In northwestern Broward County, the study area consists of undeveloped land with
land use designations allowing residential development less than 3 dwell ing units
per acre, In the northwest corner of this area are 400 acres with an industrial
land use designation and 300 acres with a commercial land use designation.
Broward County is considering a proposal to change these land use designation to
residential, with densities consistent with the rest of the area. A decision is
expected in September 1993.
ENVIRONMENTAL CONCERNS
Protection of the Loxahatchee National Wildlife Refuge has been a prime concern
for vari ous envi ronmental group,s. It is part of the water system for the
Everglades. It is the habitat for a variety of birds and the Florida Panther.
The concerns regarding University Parkway as it related to the Loxahatchee
National Wildlife Refuge can be characterized in three groups. A high speed
roadway in close proximity to the Loxahatchee National Wildlife Refug~OUld
impact the wildlife population due to increased road kill. It shoul oted
however th~.t .the Loxahatchee National Wildl ife Refuge is separated from the
proposed locations for University Parkway by a wide canal and berm. There is a
need of wildlife corridors between the various wildlife areas, and the proposed
locations for University Parkway could serve as one of these corridors betwe~n
the Loxahatchee Nat i ona 1 Wil d1 i fe Refuge and the John W. Corbett Wi 1 dl i fe
Management Area. Finally, there is concern that dev~lopment proposals follow
roads and the presence of Uni vers ity Parkway wi 11 create pressures for more
intense development in close proximity to the Loxahatchee National Wildl ife
Refuge. The more intense the development the greater the chance for impacts from
this developme~~_~~ Loxahatchee National Wildlife Refuge.
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In the area north of Clint Moore Road, there are some wetland areas along the
proposed alignment for University Parkway. The construction of University
Parkway wU 1 have to avoid these areas or mi t igate the impacts on them.
NEIGHBORHOOD CONCERNS
The area west of State Road 7 has numerous built-out residential developments and
several residential developments in the process of being built. Some residents
believed that their location, between State Road 7 and the Loxahatchee National
Wildlife Refuge would assure them a somewhat quieter neighborhood, with the only
traffic coming from their development and other surrounding developments.
For the resident living close to the proposed location of University Parkway,
there is concern about the potential noise that would come from what would be a
high volume roadway. For the residents more to the east of the proposed location
of University Drive, there is a concern that there will be a significant increase
in traffic. on the east-west roadways that presently serve only local traffic,
The increase in traffic would be through traffic fed from University Parkway.
LEVEL OF SERVICE IN 2015
Each of the six roadway networks described above were evaluated by FOOT to
determi ne projected 2015 traffic vol umes. The "Benchmark" Network primarily
serves as access for local land uses and does not inc1 ude any north/south
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corridors west of State Road 7. The analysis showed a north/south demand at the
Hillsboro Canal for 105,000 daily trips within this corridor. The 1 ack of
north/south roadways forces traffic to travel around the study area resulting in
increased travel time and delay. Roadways exceeding the state and local level
of service standards in Palm Beach County include State Road 7 (LOS F), Lyons
Road (LOS F) and Florida's Turnpike (LOS F), In Broward County, State Road 7
(LOS F), Sample Road (LOS F), Wiles Road (LOS E) and the Sawgrass Expressway (LOS
F) and Coral Ridge Drive (LOS F) exceed state and local level of service
standards. Figure 13 shows the number of lanes and level of service for roadways
in the "Benchmark" Network.
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In the "Dual Arterial Crossing" N,twork, the north/south demand uses the crossing
that are available. This demand would cause University Drive to operate at LOS
F in Palm Beach County. Most of State Road 7 would be at LOS F in both Counties.
Compared to the "Benchmark" Network, Florida's Turnpike improves slightly to LOS
E and Lyons Road improves to LOS D in Palm Beach County. In Broward County, a
part of Coral Ridge Road remains at LOS F and Sample Road improves slightly to
LOS E. Level of service standards are not exceeded on Wiles Road and Sawgrass
Expressway. Figure 14 shows the number of 1 anes and 1 evel of service for
roadways in the "Dual Arterial Crossing" Network.
In the "University Parkway/Drive" Network, most of State Road 7 would be at LOS
F in both Counties. Compared to the "Benchmark" Network, Florida's Turnpike and
Lyons Road improve to LOS D in Palm Beach County. A small section of University
Drive operates at LOS F. In Broward County level of service standards are not
exceeded on any other roadway. This roadway network assumes that University
Parkway is a 4-lane ex~ressway. The present designation for University Parkway
in the Tnoroughfare Rlght-of-Way Identification Map is as a 4-lane arterial
roadway. The capacity of a 4-lane ex ressway is almost 2 1/2 times greater than
the capacitf of a 4- oa way. e uClng 1S roa
aflerial )oadwAY ill lhe model would result in the reassignment of trips to other
roadways, changing the level of service on many roadways in the area. Figure 15
shows the number of lanes and level of service for roadways in the "University
Parkway/Drive" Network.
In the "Full" Network, sections of State Road 7 in both Counties would operate
at LOS F. In both Counties, level of service standards are not exceeded on any
other roadway, with the exception of a section of Riverside Drive in Broward
County.. .As with the "University Parkway/Drive" Network, University Parkway is
assumed to be a 4-lane expressway. Reducing this roadway to a 4-lane arterial
roadway in the model woulld result in the reassignment of trips to other roadways,
changing the level of service on many roadways in the area. Figure 16 shows the
number of lanes and level of service for roadways in the "Full" Network.
In the "Trafficways" Network, sections of State Road 7 in both Counties would
operate at LOS F. In both Counties, level of service standards are not exceeded
on any other roadway. As with the "University Parkway/Drive" Network and "Full"
Network, University Parkway is assumed to be a 4-lane expressway. Reducing this
roadway to a 4-lane arteria 1 roadway in the model would result in the
reassignment of trips to other roadways, changing the level of service on many
roadways in the area. Figure 17 shows the number of lanes and level of service
for roadways in the "Trafficways" Network.
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In the "University Drive to Yamato Road" Network, most sections of State Road 7
in both Counties are at LOS F, Sections of University Drive north and south of
the Broward County line are Los E and Los F. A section of Lyons Road in Broward
County is LOS E. Figure 18 shows the number of lanes and level of service for
roadways tn the "University Drive to Yamato Road" Network.
In the "University Drive to Glades Road" Network, most sections of State Road 7
in both Counties are'at LOS F. There are 10% increases in volumes on State Road
7 over the volumes shown for the "University Drive to Yamato Road" Network.
University Drive does not exceed the adopted level of service standards. A
section of Lyons Road 1n Broward County is LOS E. Figure 19 shows the number
of lanes and level of service for roadways in the "University Drive to Glades
~ROad" Network. .
~ able ows the projected traffic volumes on selected roadway links for each
~~ of networks described above.
\P- ADVANTAGES AND DISADVANTAGES OF AN EXPRESSWAY DESIGN
There a several advantages to an expressway design. Because of the controlled
access and elimination of at-grade intersections, a,r 4-lane expressway has a
traffic carrying capacity far greater than an arterial roadway. LOS D for a 4-
lane expressway is 73,800 daHy trips versus 30,200 for a 4-lane arterial
roadway. An expressway provides a faster and more convenient route of through
traffic, and truck- .traffic, providing an alternative for this traffic away from
the arterial and local roadways servicing the majority of traffic from local
development.
Larger right-of-ways can be justified for expressways. Thi s provides a
opportunity for a buffer between the roadway and abutting residential properties.
Expressways can be a barrier, dividing neighborhoods.
PLANNING DIVISION STAFF RECOMMENDATIONS
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TRAFFIC DIVISIONS STAFF RECOMMENDATIONS
All of the computer model results for roadway networks with University Parkway
show traffic volumes which justify a 4-lane expressway. Unfortunately, no
computer model runs were available showing University Parkway as a 4-lane
arterial roadway. However, a few rational assumptions regarding the impact of
a 4-lane arterial University Parkway versus a 4-lane expressway University
parkway can be made. Since the traffic volumes on the 4-lane expressway
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University Parkway far exceed the capacity of 4-1ane arterial roadway, a
significant percentage of the traffic volumes on University Parkway over the
capacity of a 4-1ane arterial roadway will be diverted to other north-south
roadway. Other north-south roadways in the study area with traffic volumes near
or over the adopted level of service standard wi 11 experience increased
congestion and delay. Engineering Staff recommends showing University Parkway
as an expressway on the Thoroughfare right-of-Way Identification Map.
The Thoroughfare Plan alignment for University Parkway and the Trafficways Plan
alignment for University Parkway both relieve much of the traffic congestion on
the other north- south roadways in the study area. The Thoroughfare Plan
alignment would have somewhat hi~her traffic volumes and somewhat lower traffic
volumes on the other north-south roadways. This is probably due to the fact that
~ when University Parkway is moved to the west, as in the Trafficways Plan, it has
less utility. People are less likely to drive west to go north or south so they
.~ opt to go east to the next north-south roadway. This reduces both travel time
and travel distance.
~~ ~ Most importantly, there needs to be a resolution between Palm Beach County and
Broward County regarding the alignment of University Parkway. Engineering Staff
recommends that there be a joint planning meeting between the two counties so
that the .alignment issue can be resolved.
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NETWORKS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM it QC - MEETING OF APRIL 27. 1993
AGREEMENT WITH THE TOWN OF HIGHLAND BEACH
DATE: April 23, 1993
At the April 20th special meeting, the Commission considered the
revised interlocal agreement with Highland Beach providing for compre-
hensive fire and emergency medical services by the City of Delray
Beach within the municipal boundaries of the Town of Highland Beach.
At that time the Commission raised additional concerns which required
further staff research. Final action on the agreement was deferred to
April 27, 1993.
In response to the concern expressed regarding fringe benefits: the
difference in the fringe benefit percentage between FY 93/94 arises
because the 93/94 percentage is calculated less the first three months
of the year because the city will be staffing the station with
employees on overtime. When we get into FY 94/94, the city will
provide staffing with full-time regular personnel over the entire
twelve month period.
With regard to the overhead charge: the overhead charge is the Town of
Highland Beach's prorata share of the overhead for operating the fire
department. We do not anticipate any significant increase in overhead
costs; therefore, that is clear profit to the City.
Recommend approval of the agreement with the Town of Highland Beach
providing for comprehensive fire and emergency medical services by the
City of Delray Beach wi thin the municipal boundaries of the Town of
Highland Beach; subject to the comments of the City Manager.
S-O
,
I
. .
- D R AFT -
INTERLOCAL SERVICE AGREEMENT
BETWEEN
THE CITY OF DELRAY BEACH
AND
THE TOWN OF HIGHLAND BEACH
.
THIS AGREEMENT entered into on this day of
, 19 by and between the CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation, and the TOWN OF HIGHLAND
BEACH, FLORIDA, a Florida municipal corporation.
WIT N E SSE T H :
WHEREAS, the Town of Highland Beach presently does not
maintain a Fire and Emergency Medical Services Department with
fire fighting and emergency medical equipment and personnel; and,
WHEREAS, the City of Delray Beach does presently
maintain such a Fire and Emergency Medical Services Department
with fire fighting and emergency medical equipment and personnel;
and,
WHEREAS, it is deemed mutually advantageous to enter
into this Agreement, providing for comprehensive fire and
emergency medical services by the City of Delray Beach within the
municipal boundaries of the Town of Highland Beach; and,
WHEREAS, Florida Statutes 163.01 authorizes execution of
interlocal agreements to provide for such aid and assistance.
WHEREAS, the Town of Highland Beach acknowledges that it
is familiar with the facilities and equipment of the City of
Delray Beach and has informed itself as to the scope and
capabilities of facilities and equipment available, including
those hereinafter identified to be located within the municipal
boundaries of the Town of Highland Beach, and does hereby accept
these services and facilities as being adequate for emergency and
other related purposes.
NOW THEREFORE, it is hereby agreed by and between the
parties hereto as follows:
1. The City of Delray Beach, during the term of this
agreement shall provide the following services to the Town of
Highland Beach through the Delray Beach Fire Department and its
officers and personnel.
1 DRAFT 4/14/93
'.
,
. A. Fire Suppression.
B. Heavy Rescue and Associated Extrication.
C. Basic and Advanced Life Support pre-Hospital
Emergency Medical Services, not including
transportation to medical facilities.
D. Public Fire Safety Education.
E. Fire Prevention and Life Safety Inspections in
all occupancies other than one and two family
residences.
.
F. Fire Code and Life Safety plans examination
and review for building permits for
occupancies and structures other than one and
two family dwellings.
G. Initial Hazardous Materials Incident Response
and Scene Control.
lea}. The City of Delray Beach assumes no responsibility
for emergency preparedness planning and program implementation for
the Town of Highland Beach; or site clean up or product/soil
removal resulting from a chemical spill or other form of hazardous
materials incident occurring within the jurisdiction.
2. In the event the City of Delray Beach is notified
by the appropriate officials in the Town of Highland Beach, or by
the public through the Police-Fire Communication Center of the
City of Delray Beach, of the existence of a fire or other
emergency including the need for emergency medical services within
the municipal boundaries of the Town of Highland Beach the City of
Delray Beach shall supply such emergency equipment and personnel
as are then reasonably available to the City of Delray Beach in
the same manner as provided to the citizens of Delray Beach.
3. The final and ultimate determination as to whether
a particular notification gives rise to a life-threatening or
emergency situation shall solely be the policy determination of
the personnel of the City of Delray Beach.
4. This Agreement shall not be construed to impose any
obligation, duty or responsibility whatsoever on the City of
Delray Beach to provide any specific types, kinds, or numbers of
emergency personnel or apparatus at any fire station of the City
of Delray Beach, or at any emergency scene wi thin the Town of
Highland Beach within a specific time frame. The City of Delray
Beach will dispatch and assign the closest, appropriately staffed
and available vehicle(s} to emergencies within the Town of
Highland Beach consistent with the level of need of the emergency
and the level of resources available to the City of Delray Beach.
4.(a} The City of Delray Beach will however, daily
assign a complement of five (5) certified personnel to the Fire
2 DRAFT 4/14/93
,
,
. station at 3614 South Ocean Boulevard, Highland Beach, along with
one (1) Fire Suppression Apparatus; and one (1) Paramedic Rescue
Vehicle equipped and staffed at the Advanced Life Support level.
These personnel and the specified apparatus and equipment assigned
thereto may be used at any and all times by the City of Delray
Beach Fire Department to support its mission and responsibilities
on a system-wide basis. The City of Delray Beach is responsible
to provide emergency response coverage on a system-wide basis
subject to availability of resources.
4. (b) The parties hereto further understand and agree
that a possibility exists that the Delray Beach Fire Department
may receive simultaneous calls for separate accidents, fires and
other pUblic safety problems.. In the event of a simultaneous
occurrence of emergencies, the judgement of the Fire Chief of the
City of Delray Beach, or the senior Fire Department Officer on
duty at the time, as to which call should receive first priority
response, shall be binding upon the parties. hereto and shall
control actions of both parties hereto. If the City of Delray
Beach can not respond to a call for assistance due to multiple
calls and/or alarms in progress all reasonable efforts will then
be made by the Ci ty of Delray Beach to arrange for a sui table
response from another agency or jurisdiction cooperating with the
City of Delray Beach through various mutual aid agreements in
effect at the time. At the time of the execution of this
agreement the ci ty of Delray Beach has Mutual Aid Agreements in
effect with the cities of Boynton Beach, Boca Raton, Deerfield
Beach and Lake Worth as well as Palm Beach County. The City of
Delray Beach agrees to notify the Town of Highland Beach of any
changes in these agreements.
5. The Town of Highland Beach acknowledges its
responsibility under section 633.025, Florida Statutes, concerning
minimum Fire Safety Standards. The City of Delray Beach, through
its Fire Department, will conduct all necessary or mandatory fire
safety inspections and inform the Town Manager of the Town of
Highland Beach of any fire safety matters which require
correction. The Town of Highland Beach shall enforce all
applicable fire safety standards in a timely manner and shall
report the abatement and disposition of the reported violations to
the City of Delray Beach. The City of Delray Beach, through its
Fire Department, will provide all necessary technical assistance
to the Town of Highland Beach in order to facilitate this process.
5 (a) . The Town of Highland Beach agrees to adopt, by
ordinance, the same Fire Prevention, Fire Safety and Fire
Protection Standards and Regulations and Model Building Code as
those adopted from time to time by the City of Delray Beach.
Further, the Town of Highland Beach agrees to enforce,
independently if necessary, the provisions of the pre-existing
Palm Beach County fire sprinkler ordinance for existing high rise
buildings, should full compliance not be achieved by October 1,
1993.
6. The Fire Chief of the City of Delray Beach shall
have full and complete authority through the normal chain of
3 DRAFT 4/14/93
.,
.
command over the operation of Delray Beach Fire Department
personnel, vehicles and equipment while in the Town of Highland
Beach.
6(a). The Delray Beach Fire Department shall have
complete authority and control over the use and deployment of any
and all apparatus and equipment acquired by the Town of Highland
Beach for its use and to support this agreement during its
original term or periods of renewal.
7. The Town of Highland Beach officials and employees
and citizens and residents shall not interfere with the direction,
management and deployment of the Delray Beach Fire Department, its
personnel or equipment at any time during fire fighting or other
emergency situations.
8. All suggestions or complaints concerning services
provided under this agreement shall be directed to the attention
of the Fire Chief of Delray Beach, in writing, for proper
administrative remedy and/or response, as the case may be. In the
event the Town of Highland Beach has a dispute with respect to the
City of Delray Beach's performance hereunder, the Town of Highland
Beach, by its governing body, Mayor, Manager or other appropriate
municipal official shall forward to the Chief of the Fire
Department for the City of Delray Beach, the disputed matter. In
the event that the disputed matter is not addressed in a timely
manner suitable to the Town of Highland Beach, the town shall
request of the Chief of the Fire Department for the City of Delray
Beach, Florida, that the disputed matter be resolved by the City
Manager of the City of Delray Beach. If the disputed matter
cannot be resolved in a timely manner by the City Manager of the
City of Delray Beach, the disputed matter shall be scheduled on
the next available Delray Beach City Commission meeting or
workshop as the City Manager deems appropriate.
9. The Town of Highland Beach shall inspect and test
annually all fire hydrants within its corporate limits to verify
their satisfactory operation and function and agrees to repair or
cause to be repaired all fire hydrants, branch valves, and
sectional valves within the municipal water distribution system
which could affect fire suppression operations. It is further
understood that all fire hydrant threads and the operating valve
direction shall conform with those used by the Delray Beach Fire
Department. Non-conforming hydrants, if any, shall be changed
wi thout delay at the expense of the Town of Highland Beach.
Inoperative fire hydrants, valves, etc. within the municipal
distribution system shall be repaired without delay, but in no
case later that thirty (30) days following discovery of any
deficiency. Fire hydrants which are placed out of service shall
be immediately reported to the City of Delray Beach Fire
Department. Immediate notice shall also be given when said fire
hydrants are returned to service.
10. The Town of Highland Beach shall report all street
and road closures and openings immediately to the City of Delray
Beach Fire Department.
4 DRAFT 4/14/93
.
.
11. All exemptions from ordinance and rules, and all
pension, insurance, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of the City of Delray Beach, when
performing their respective functions within the territorial
limits of the City of Delray Beach, Florida shall apply to them to
the same degree, manner, and extent while engaged in the
performance of any of their functions and duties within the Town
of Highland Beach.
12. The Town of Highland Beach shall reimburse the City
of Delray Beach, at the then current replacement cost, for certain
supplies and consumables, such as chemical absorbants, hazardous
materials vapor suppressions, chemical testing agents, and
hazardous materials recovery drums and/or other containers used by
the Fire Department in the performance of emergency duties in the
corporate limits of the Town of Highland Beach pertaining to
hazardous materials incident control.
12(a). The City of Delray Beach may invoice residents of
the Town of Highland Beach appropriate emergency medical service
fees for supplies and consumable items under the same terms and
conditions as those for residents of the City of Delray Beach,
pursuant to Ordinance No. 50-90 of the City of Delray Beach, or
the Town of Highland Beach may elect to pay the city of Delray
Beach ' an annual equivalent lump sum amount on behalf of its
residents based on the previous twelve months E.M.S. incident
history. The alternate lump sum amount may be paid in twelve
equal monthly payments.
13. During the term of this agreement, the City of
Delray Beach shall be the sole provider of the services enumerated
within the Town of Highland Beach.
13(a). The Town of Highland Beach acknowledges that the
City of Delray Beach may elect to incorporate Advanced Life
Support transport services as part of its Emergency Medical
Services System at some point in the future. Should such a
transition be deemed advisable, the Town of Highland Beach agrees
to fully support the City of Delray Beach in its initiative to
secure a Certificate of Necessity (C.O.N.) from Palm Beach County
and/or other involved regulatory agencies.
14. The Town of Highland Beach agrees to pay the City
of Delray Beach, during the term of this Agreement, an annual
service fee for the emergency and administrative services
enumerated above, based on the attached initial and annual service
fee and condition schedules which are found on pages 10 and 11 of
this agreement. This fee entitles the Town of Highland Beach and
its residents access to the previously enumerated fire department
services and programs. Extraordinary events or unusual demands
for services requiring additional personnel and/or equipment to
be stationed within the corporate limits shall be billed
separately by the City of Delray Beach to the Town of Highland
Beach based on the actual costs to provide these services. In the
case of hazardous materials abatement and/or mitigation, these
5 DRAFT 4/14/93
..
extraordinary costs shall be paid directly to the vendors or
outside contractors invol ved as directed by the City of Delray
Beach.
14(a). Capital ~mprovements shall be provided and funded
in accordance with the attached schedule and conditions found on
page 12 of this agreement and will be housed at the Fire station
in Highland Beach as soon as practical.
15. Beginning October 1, 1993, the Town of Highland
Beach shall pay monthly to the City of Delray Beach one twelfth of
the initial service fee for the period ending on September 30,
1994. Thereafter, one twelfth of the annual service fee shall be
paid monthly during the term of the agreement. Said payment will
be due and payable on or before the first business day of each
month. The Finance Department of the City of Delray Beach shall
bill the Town of Highland Beach for this amount on or before the
15th day of the preceding month. In the event payment is not made
timely, a late charge equal to the then prevailing legal rate of
interest shall be added to the Town of Highland Beach's liability
to the City of Delray Beach, Florida. Interest shall be
compounded daily commencing with the first business day of each
month. If payment is not received for two successive months, then
upon thirty (30) days notice the City of Delray Beach, Florida,
may terminate its responsibilities as provided herein.
16.(a) The parties agree that the annual service fee
may be adjusted to offset increased costs of providing the
enumerated services and programs due to unfunded mandates of the
Federal, State or County governments; or increased costs which are
imposed by administrati ve or judicial decisions, judgements or
decrees or settlements thereof.
16 (b) . The Town of Highland Beach and the City of
Delray Beach agree that the service fee shall be adjusted annually
based on the percent change as shown on the "All Urban Consumers -
united States" Consumer Price Index (CPI) as reported by the
united States Government Bureau of Labor statistics for the 12
month period ending April 30 of each year, with the base index
being April, 1993. The projected annual service fee adjustment
will be reported to the Town Manager of the Town of Highland Beach
on or before July 15th of each year.
16(c). The Town of Highland Beach agrees to financially
participate in a proportional manner in the anticipated conversion
of the City of Delray Beach Fire Department radio system to an 800
MH trunked system when such system becomes available to the Fire
Department. The referenced proportional share shall be calculated
based on the number of mobile, portable and console type radios
assigned to the fire station in Highland Beach and the personnel
assigned thereto, as well as any necessary towers or repeaters
located to serve Highland Beach, when compared with the total of
those devices and components in use by the Delray Beach Fire
Department system-wide.
6 DRAFT 4/14/93
,
16 (d). The Town of Highland Beach agrees to honor and
financially support equipment and vehicle replacement schedules
and service life projections established and in effect by the City
of Delray Beach which reflect the anticipated points in time that
fire and rescue apparatus and equipment should be replaced based
on service reliability, maintenance cost, changes in safety
standards and technology.
16(e). The Town of Highland Beach agrees to pay the City
of Delray Beach, within forty-five (45) days of the execution of
this agreement, $331,077 to pay for initial transition expenses
necessary to support this agreement. These transition expenses
include recruitment and testing of new personnel, capital outlay
for personnel and facilitles, and personnel orientation and
supplemental training. These expenses are a one time charge and
are in addition to payments specified on page 10 of this
agreement.
17. The Town of Highland Beach agrees to conduct a
architectural and engineering needs assessment of current fire
station facilities and systems with the cooperation of the Delray
Beach Fire Department within the first year of the agreement to
identify improvements which may be needed to support assigned
personnel and equipment, with emphasis on personal and facility
safety and health standards. The parties mutually agree to
establish reasonable and responsive schedules for any such
improvements, except that an emergency generator designed to
automatically support the current Fire station shall be installed
within the first twelve (12) months of this agreement.
18. The Town of Highland Beach permits the Delray Beach
Fire Department to use the Town's Fire Station, its' systems and
related site improvements during the original term of this
agreement or periods of renewal without license fees or utility
fees for electricity, water and sewer services, or storm water
assessment fees. The City of Delray Beach will contract for and
pay for its telephone service, use of L.P. gas and interior
building maintenance costs. The Town of Highland Beach will be
responsible for all exterior maintenance and the maintenance and
repair of the building's water, sewer, electrical and air
conditioning systems.
18(a). The Town of Highland Beach shall provide a
minimum of five (5) paved parking spaces for use by assigned
personnel on a 24 hour per day basis. Five (5) additional spaces
shall be temporarily available to facilitate the change of shifts,
and to avoid conflicts with, and delays of apparatus response.
19. The Town of Highland Beach shall acquire, by
October 1, 1993, a comprehensive insurance policy to provide for
the repair and/ or replacement of the Paramedic Rescue vehicle
and/or related equipment, referenced on page 12, should this
vehicle and/or equipment be damaged in a vehicular accident, storm
or similar other circumstance. In addition, this policy shall be
modified to include the referenced ladder/pumper fire apparatus
and its equipment, referenced on page 12, upon its delivery. The
7 DRAFT 4/14/93
"
I
face amount of said insurance policy shall be equal to the
original cost of the apparatus and equipment to be insured, and it
shall be maintained by the Town of Highland Beach during the
original term of this agreement and for periods of renewal and it
shall name the City of Delray Beach as an additional insured.
19(a). Each party agrees that it will be responsible for
its own negligence, except that the Town of Highland Beach shall
be responsible for damages to equipment as referenced in Paragraph
19. Nothing contained herein shall be deemed a waiver of
sovereign immunity.
19 (b). The Town of Highland Beach shall gain and hold
title(s) for any vehicular apparatus or other equipment acquired
under this agreement, where titles are normally issued, at such
time that full and final payment has been made by the Town of
Highland Beach on such apparatus or equipment and the title has
been transferred.
20. All notifications of claims shall be provided in
writing to the respective Town Manager and City Manager of the
parties hereto. This does not apply to notifications of necessity
for supplying of emergency services which are the sUbject of this
Agreement.
21. This Agreement represents the entire Agreement
between the parties and supersedes all prior negotiations,
representations, or agreements either written or oral. This
agreement may only be amended or modified in writing and executed
by all parties to this Agreement, except as previously provided
above with reference to the annual service fee.
22. The term of this Agreement shall be for ten (10)
years beginning October 1, 1993 and extending through midnight on
September 30, 2003, with options to renew for additional periods
of five (5) years each upon the mutual agreement of both parties
hereto in writing. To exercise the option to renew, the Town of
Highland Beach shall notify the City of Delray Beach of its desire
to renew, eighteen (18) months prior to the expiration of the
initial term or subsequent renewal periods. The City of Delray
Beach shall notify the Town of Highland Beach of its acceptance of
the request for renewal within sixty (60) days of the City's
receipt of the Town of Highland Beach t s request for renewal.
Failure of either party to comply with these notice provisions
shall result in cancellation of the Agreement at the expiration of
the initial term or subsequent renewal term, unless both parties
decide to waive strict compliance with these notice provisions.
23. This agreement may be terminated for good cause
only in the event of breach of its terms or in the event of the
inability of the City of Delray Beach to provide the services
specified herein. In the event that either party desires to
terminate this agreement for good cause resulting from the breach
of its terms, the party alleging the breach shall give notice of
its intent to terminate this agreement at the end of a contract
year upon submission to the other party. Said notice shall be in
8 DRAFT 4/14/93
INITIAL SERVICE FEE SCHEDULE AND CONDITIONS
FISCAL YEAR 1993-1994 ONLY
.
A. PERSONNEL COSTS -
1. Staffing - Fire station
October 1, 1993 to December 31, 1993 $ 273,557.
2. Staffing - Fire station
January 1, 1994 to September 30, 1994 $ 572,192.
3. Staffing - Support Functions
October 1, 1993 to September 30, 1994 $ 33,936.
4. Fringe Benefits for 2 and 3 $ 157,593.
5. Overtime for 2 and 3 $ 20,665.
B. OVERHEAD - October 1, 1993 to Sept. 30, 1994 $ 124,872.
C. OPERATING EXPENSES - $ 22,868.
October 1, 1993 to September 30, 1994
TOTAL INITIAL SERVICE FEE $1,205,683.
10 DRAFT 4/14/93
.,
ANNUAL SERVICE FEE SCHEDULE AND CONDITIONS
FISCAL YEAR 1994-1995 AND SUBSEOUENT YEARS
A. PERSONNEL COSTS - .
1. Staffing - Fire station
October 1, 1994 to September 30, 1995 $ 762,922.
2. Staffing - support Functions
October 1, 1994 to September 30, 1995 $ 33,936.
3. Fringe Benefits for 1 and 2 $ 207,183.
4. Overtime for 1 and 2 $ 27,553.
B. OVERHEAD - October 1, 1994 to Sept. 30, 1995 $ 124,872.
C. OPERATING EXPENSES - $ 33,763.
October 1, 1994 to September 30, 1995
D. CAPITAL OUTLAY -
October 1, 1994 to September 30, 1995 $ 11,423.
TOTAL ANNUAL SERVICE FEE * $1,201,652.
* Plus price adjustments specified by various sections of the
Interlocal Service Agreement.
11 DRAFT 4/14/93
.,
INITIAL CAPITAL IMPROVEMENT - SCHEDULE AND CONDITIONS
March 26, 1993
A. FIRE APPARATUS AND EOUIPMENT -
(1). The Town of Highland Beach shall provide one (1) new,
fully equipped, aerial pla~form/pumper and equipment package,
designed to the specifications of the Delray Beach Fire
Department. Bidding and contract award shall be the
responsibility of the city of Delray Beach with delivery on or
about November 1, 1994.
(2). Financing for this equipment will be arranged by the
Town of Highland Beach.
(3). A fee in the amount of $3,360 for equipment
acceptance, testing and preparation shall be paid to the City of
Delray Beach upon delivery of this apparatus.
B. PARAMEDIC RESCUE VEHICLE -
(1). The Town of Highland Beach shall provide one (1) new,
fully equipped, type III, Advanced Life Support rescue vehicle
capable of A.L.S. transport, designed to the specifications of
the Delray Beach Fire Department. Bidding and/or contract award
shall be the responsibility of the City of Delray Beach with
delivery on or about October 1, 1993.
(2). Financing for this equipment will be arranged by the
Town of Highland Beach.
(3). Payment shall be made to the City of Delray Beach upon
receipt of necessary equipment and supplies for this apparatus
based on an estimated cost of $17,500.
(4). A fee in the amount of $840 for equipment acceptance
testing and preparation shall be paid to the City of Delray
Beach upon delivery of this apparatus.
12 DRAFT 4/14/93
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j...., /.,J
<..,/\
. ( .
rll '/
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSlt-.lILE 407/278-4755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: April 23, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Termination of Contract with Falkav, Inc.
The City received notice from Falkav, Inc. on April 14, 1993,
that effective April 9, 1993 at 5:00 p.m. , Falkav, Inc. has
stopped work on the contract for the tennis center. Pursuant
to the General Conditions of the contract, we are seeking City
Commission approval for termination of the contract with
Falkav, Inc. , and permission to notify the bonding company.
If you need further information, please contact me or Howard
Wight. By copy of this memorandum to David Harden, City
Manager, please ensure that this matter is placed on the City
c~ April 27, 1993 agenda for approval.
SA .~--
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
~ & ~ ~
~ ~ -
5-0
9E
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~ EfJV f~V{.~/fi OMfN
. t.......~....., l' .
Fa/kav, Inc. 93 ^PR 20 PM I: 55
GENERAL CONTRACTORS
14050 SW 84TH STREET SUITE 202 DE'" ".- VED
MIAMI, FLORIDA 33183 n"' '....' t::.l ,-
DADE (305) 386-9885 BROWARD (305) 764-6317 FAX (305) 386-0389
April 14,1993
City of Delray Beach
City Hall
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Delray Beach Tennis Center
Attn: Howard Wight
Dear Sir:
Please be advised that effective 5 p.m., Friday, April 9,1993, Falkav,Inc.
("Falkav") stopped work on the above referenced project pursuant to the terms
of Falkav's contract. Continental Guaranty breached the terms of its bond
by wrongfully requesting that the City of Delray Beach, as obligee on the bond,
make no further payments to Falkav. The City of Delray Beach has wrongfully
acceded to the surety's direction and has failed and refused to pay Falkav.
The actions of Continental Guaranty and The City of Delray Beach have resulted
in severe financial distress and have forced Falkav into its present unfortunate
posi tion.
Therefore, Falkav has no alternative ~ut to stop work pursuant to the provisions
of Article 15(5) of the General Conditions of the Contract.
Sincerely your~
2~~~~
~oiac~:~~~::aOf the Board
, .
JK/hsa
"
.
[IT' DF DELAA' BEA[H
100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243
April 27, 1993
Mr James Kavooras, CEO/Chairman of the Board
Falkav, Inc.
14050 SW 84th St, Suite 202
Miami, FI 33183
Re: Delray Beach Tennis Centre (92-39)
Work Stoppage by Falkav, Inc.
Dear Mr. Kavooras:
We are in receipt of your letter of April 14, 1993 to Howard
Wight regarding the work stoppage on the above referenced
Project. We acknowledge this letter as official notice that you
have stopped work on Friday, April 9, 1993 at 5:00 P.M. Pursuant
to Article 15 of the General Conditions of the Contract between
the City of Delray Beach and Falkav, Inc. dated October 19, 1992,
this letter will serve as notice of default by Falkav, Inc.
.--......-
Pursuant to Section 15.2.9 of the General Conditions, the City is
providing Falkav the required seven days written notice of
termination of Falkav's services. This notice is provided in
order to inform Falkav that in seven days from receipt of this
notice, the City will take possession of the work, exclude Falkav
from the site, and take possession of all tools, including all
construction equipment, materials and machinery. The City also
will contact the surety concerning the default, and look to the
surety to perform pursuant to the performance and payment bonds.
The City also takes exception to your claim that it "wrongfully
acceded to the surety's direction and has failed and refused to
pay Falkav, Inc" . Per Article 5 of the Contract, 90% of the work
as.established by the schedule of values shall be paid prior to
Substantial Completion (5.1). Upon Final Completion, the City
shall pay the remainder of the Contract Price as recommended by
the Consultant, Digby Bridges, Marsh and Associates. The City
has paid 92.5% of the current Contract amount to date. Upon
THE EFFORT ALWAYS MATTERS
,
.
April 27, 1993
Page 2
final completion of the Project, per Article 14.13 of the General
Conditions, the remaining monies will be paid.
Sincerely,
THOMAS LYNCH,
Mayor
TL:me
cc: David T. Harden, City Manager
Ralph Hayden, City Engineer
William H. Greenwood, Director of Environmental Services
Susan Ruby, City Attorney
.--........-
,
[IT' DF DELIA' BEA[H
April 27, 1993
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/24c; 700,')
Ms. Trish Duarte, Senior Bond Claims Adjuster
Firemen's Insurance Company of Newark, New Jersey
P.O. Box 5060
Hartford, CT 06102-5060
Re: Delray Beach Tennis Centre (92-39)
Work Stoppage by Falkav, Inc.
Dear Ms. Duarte:
We received written notice from Falkav, Inc. on April 14, 1993
that they stopped work on the above-referenced Project on April
9, 1993 at 5:00 p.m. Per Article 15 of the General Conditions of
the Contract, we have provided written notice to Falkav, Inc.
that the City of Delray Beach is terminating the Contract vii t h
Falkav, dated October 19, 1993 (see attached).
Pursuant to Article 15 of the General Conditions of the Contract,
we are hereby notifying Firemen's Insurance Company that the City
of Delray Beach is looking to Firemen's Insurance Company of
Newark, New Jersey to fulfill Falkav's remaining Contract
obligations for this Project. The City is now making a claim on
the bonds eK~cuted between the City and the Surety on October 19,
1993 for the "Delray Beach Tennis Centre" project. Specifically,
the claim is being made on Florida Performance Bond No. 400 61
95, and Florida Payment Bond No. 400 61 95.
We look forward to your cooperation in this matter and an
expeditious closeout of this Project. Please contact Howard
Wight, Construction Manager in order to resolve this matter.
Sincerely,
THOMAS LYNCH,
Mayor
TL:me
Enclosure
cc: David T. Harden, City Manager
Ralph Hayden, City Engineer
William H. Greenwood, Director of Environmental Services
Susan Ruby, City Attorney
THE EFFORT ALWAYS MATTERS
.,
,
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~~
SUBJECT: AGENDA ITEM # CfP - MEETING OF APRIL 27. 1993
SETTLEMENT OFFER/GUARINE. ET AL V. CITY OF DELRAY BEACH
DATE: April 23, 1993
This item is before you to consider a settlement offer in the amount
of $206,700, inclusive of all costs and attorney's fees to settle the
Guarine, et al v. City of Delray Beach, et al. The offer also
includes appropriate releases.
This case arose out of a shooting of Richard Guarine by Donald West, a
sergeant with the Delray Beach Police Department.
The City Attorney's Office recommends acceptance of the settlement
offer. A detailed staff report is attached as backup material for
this item.
Recommend approval of the settlement of the Guarine, et al v. City of
Delray Beach.
"
,
, [ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 2()()~~W 1st AV[~UE -,~ DELRAY BEACH, FLORIDA 33444
FACSlt--IILE 4()7/~/8-4/)5 W . t ' D. t L.
r1 er s 1rec 1ne
(407) 243-7091
MEMORANDUM
DATE: April 15, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Guarine, et al v. City of Delray Beach, et al
Prior to leaving the City, Jeffrey Kurtz had put forth a
settlement in this case which he has now resolved as set forth
in his attached letter to you dated April 8, 1993. The amount
of the settlement is $206,700.00 inclusive of all costs and
attorney's fees. By copy of this memorandum to David Harden,
our office is requesting that this settlement be placed on the
~iSSion agenda for April 27, 1993.
Attachment
cc David Harden, City Manager
'I ).,."
.
.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 2[)(J NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSI!\lILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: April 8, 1993
To: City Commission
From: Jeffrey S. Kurtz
Subject: Guarine, et al, v. City of Delray Beach, et ale
Our office has discussed this case with Commissioners on
several occasions. This case arose out of a shooting of
Richard Guarine by Donald West, a sergeant with the Delray
Beach Police Department. Sgt. West was disciplined for his
actions leading up to the shooting. Sgt. West was reinstated
to the Department with a lengthy suspension by the arbitrator
who heard this case and the Grand Jury has twice refused to
indict him with respect to the shooting.
The action is being brought against the City and Sgt. West on
negligence and Title 42, Section 1983 claims. The Section 1983
claims require a substantially higher degree of proof and is a
different standard than mere negligence. In order to establish
liability against a city in Section 1983 claims, the Plaintiff
has the burden of proving that the City had a custom, policy,
or permitted a pattern of conduct which resulted in the
violation of the Plaintiffs' civil rights. In order to
establish liability against an individual officer, the
Plaintiff must establish that the officer or city employee
acted in reckless or intentional disregard of the Plaintiffs'
civil rights.
In this case, the civil rights violation is essentially that
there was excessive force used in effectuating the arrest.
Former Police Chief Kilgore and Officers Wintemute, Brown,
Kayworth, and Eberhart were originally named in the lawsuit.
The Plaintiff has filed a Voluntary Dismissal of the case
against them and at this point in time the only two remaining
Defendants are the City and Sgt. West. There is considerable
exposure in a Section 1983 case to municipalities because the
the sovereign immunity cap of $100,000 per plaintiff, $200,000
per incident does not apply. In addition, if the Plaintiffs
are successful in getting Section 1983 damages, they would be
entitled to attorney's fees.
" ,,,'
I
Memo to City Commission
April 8, 1993
Page 2
Therefore, in this case there is the potential that a jury
could award a verdict and a judge could combine an award of
attorney's fees that would result in the City and/or Sgt. West
being liable for total damages and costs in excess of $500,000.
The cost of defending this suit would be a minimum of an
additional $50,000 and in all likelihood, exceed $100,000.
The case is also in a posture from the Plaintiffs' perspective
wherein the settlement value is likely to increase. This is
because the Plaintiff's attorneys believe that they will
succeed on the Section 1983 claim and will award the Section
1983 attorney's fees. Such fees are not based on a percentage
of the outcome, but rather on the time spent by the attorneys,
the experience of the attorneys and the difficulty of
prevailing. In this type of case it is possible to have a
$100,000 judgment against the Defendant and attorney's fee
exceeding the judgment assessed against them.
For these reasons, our office is recommending at this time that
the City Commission accept Plaintiffs' offer to settle the case
for $206,700.00 which is inclusive of all cost and attorney's
fees. It is anticipated that this matter will be presented
before the Commission at their regularly scheduled meeting of
April 27, 1993.
Should any Commissioner have any further questions concerning
this matter, please do not hesitate to contact our office.
JSK: jw
Attachment
cc: David Harden, City Manager
Lee Graham, Risk Manager
Susan Ruby, Assistant City Attorney
guarine6.jsk
..
-
,I. ,'. "
. .
\ ....., "; . ,;;....
-
(VIA FACSIMILE 407/278-4755)
April 7, 1993
Jeffrey Kurtz, Esq.
City Attorney
city of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Guarine v. City of Delrav Beach -----
Dear Mr. Kurtz:
This is to confirm our telephone conversation wherein I advised you
that my clients will accept $206,700.00 inclusive of costs and
attorneys fees as full and final settlement in the above case and
will execute appropriate releases.
-----
J K. GREEN
J Glsl
\
",- , . ~. . (': ", ~. ..' ;" . ....... -.":' ....., . . "
. . -." ,".'" " : .. ....,... " .
TDTAL P.Dl
"
.
. I
.'/<,
[1~1J1
[IT' DF DELRA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: April 23, 1993
TO: city Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Elevated Storage Tank - Termination of Contract with
Dees Contractinq, Inc.
The City received notice from Post Buckley Shuh Jernigan, Inc.
on April 23, 1993, that Dees Contracting, Inc. has failed to
correct past deficiencies in the work and that there are newly
discovered deficiencies. See Attached. Pursuant to the
General Conditions of the contract, we are seeking City
Commission approval for termination of the contract with Dees
Contracting, Inc. and permission to notify the bonding company.
If you need further information, please contact me or Ralph
Hayden. By copy of this memorandum to David Harden, City
Manager, please ensure that this matter is placed on the City
c~ April 27, 1993 agenda for approval.
SA
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk ~~If:<-
~ cJ1 {)jJJP
~
THE EFFORT ALWAYS MATTERS CJG
:)b\1' I:$Y ;t'l:).')&J LOKi. AUMIi\. ; 4-~0-~J ;11;~1~~ ; ~ULL~~} b'~. ~LKVILL0'~ 1
". '.
- ..... "
PBSJ ~. ENGINf.EIlJNG
BUCKLEY. rt.^N"'!1-IG
SCHUH &.
JERNIGAN. INC.
April 23, 1993 Post-It'" brand tax transmltlal memo 7671 1/ of PlIges )-3
To ~A~fH HA'1 QetJ From ~,c. H
co'e'l'" Or D~lM't 'v-# CO. PGS"'7
Mr. Ralph Hayden, P.E. D8p,,~ I ''1 C70J(,-'I.I~rc- Phon '!407)641.iZ7S
City Engineer Fad 401 '2..+J-7~6o FBI< 1/
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Re: Delray Beach Elevated Storage Tank
Dear Mr. Hayden:
I have talked to Gany Pettriess_ PBS&J's inspection subconsultant, regarding the subject
project. Mr. Pettriess has been on the site beginning April 21_ 1993_ after a week's hiatus.
Mr. Pettriess has discovered during the last two days that there are many improperly coated
areas. Also previous deficiencies have not been corrected. The Contractor, Dees
Contracting, Inc., has on several occasions been notified of non-compliance with the contract
documents alId it appears that this non-compliance is continuing.
Some of the..9_eficiencies that have been discovered just in the last two days are as follows:
1. On the tank interior roof several areas are exhibiting mud-type cracking. This
indicates excessive paint millage buildup.
2. At angles and plate edges throughout the tank excessive millage is causing mud
cracking.
3. There are areas where bare steel is exposed ~ the second coat of paint has been
applied.
4. In the bottom of the tank debris, sand and trash has been painted over with the
second coat.
5. A previous deficiency report filed 4/7/93, regarding rust areas on the tank roof was
not acted upon. This is backed up by photos taken 4/21/93 and 4/22/93. Also in
these areas, rust evidence is occurring through the second coat. Mr. Oeesand Mr.
Chambers have said that these areas in question were sand blasted and reprimed
prior to applying the second coat of paint. Several areas were scraped with a knife
by Mr. Pettriess. At these test areas rust was observed under the new second coat.
1500 ORANGE AVENUE, SUITE 700, WINTLR PARK, FLORIDA 31789-5544. TElEPHONL: 407/647-72.15
,
~b~ J tS'r; t'j)~&J LVi'\t'. A1JJ\1 J J\. ; q.-LJ-$:l ;11;;':;':.4.1IJ ; ~UtLKAY t~y. ~tKVILt~;tc ~
~ . .
~ . ,
-
Mr. Ralph Hayden
April 23, 1993
Page 2
6. Several other areas (6 to 7) that were rusting prior to 4/13/93 were checked on
4/21/93 after the second coat was applied. Rust was occurring under the second
coat.
7. The interior ladder which was previously primed is now rus ting heavily through the
primer. The contractor has been told repeatedly to completely reblast and recoat
the ladder prior to installation in the tank. No action has been taken on this item
for over a month.
R Thr.m is iI. large area on the tank wall at the leg #4 rivet pattern which was not
blasted properly, seam sealed or primed. This area did receive the second coat ot
paint over rust.
9. The Contractor continues to insufficiently staff the job properly to complete it
within a reasonable time.
10. The Contractor has not taken advantage of severa) clear good painting days in the
past.
.-
-,
11. The Contractor has significantly gone over the contract time. The Contractor is not
takIng a pro..acdvc: rule Lu c}ljJ~dit~ completion of hi!; work.
12. The Contractor has not complied with the contract documents in the past and he
continues to flagrantly disregard the contract documents in his continued operations.
In view of all of the above, PBS&J and our subconsultant, S. G. Pinney and Associates, Inc.,
recommend that the City discharge the Contractur by written actiun and notify the
Contractor's bonding company with written return receipt requested notice of the
Contraclor's discharge.
The City has the right to discharge the Contractor based on Articles 56 and 57 of the
General Conditions of the Contract. After ten (10) days' written notice to the bonding
company, the City could contract with others to complete the work. If the bonding company
elects to complete lbt: work, the City should insist thot any painters or others employed to
complete the work be approved by the City prior to starting work.
PBS
"
..JJ...,~,. Wi' J. U~u.'LJ ~vn.".. ,d,U..tJ! I ,. . -~ ~u ULl '.J...I..' _\...'_1."" .
- ",. L '" u....._.l.\,.,;... L.o".. -JA....,j\.' 1. L.L....,_..' 1...'
.. ..""-"
Mr. Ralph Hayden
April 23, 1993
Page 3
PBS&J believes it is in the best interests of the City to relieve Dees Contracting, Inc., from
any further duties on this project.
If you have any questions, let me know.
Very truly yours, )
~~.<L_JL/~
J. Richard Voorhees, P.E.
Project Manager
c: W. H. Greenwood, City of Delray Beach
L. D. Vincent, S. G. Pinney and Associates, Inc.
W. R. Karasiewicz, P.E., PHS&J
IRV/dpjLEfH219J,RIf
.........
--
PB5
"
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[ITY DF DELIAY BEA[H
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/24:nooo
April 27, 1993
Mr. James Dees
Dees contracting, Inc.
P.O. Box 554
Savannah, GA 31402
Subject: Elevated Storage Tank
Project 90-01 - Termination of Contract
Dear Mr. Dees:
We are in receipt of a letter from Post Buckley Schuh and
Jernigan, Inc. dated April 23, 1993 regarding deficiencies in
the work. Pursuant to Article 56 and 57 of the General
Conditions of the Contract between the City of Delray Beach and
Dees Contracting, Inc. dated October 4, 1991, this letter will
serve as notice of termination.
Pursuant to Chapter 56 and 57 of the General Conditions, the
City is providing Dees the required ten days written notice of
termina tren... This notice is provided in order to inform Dees
that in ten days from receipt of this notice, the City will
take possession of all tools, including all construction
equipment, materials and machinery. The City also will contact
the surety concerning the termination and look to the surety to
perform pursuant to the performance and payment bonds.
Sincerely,
THOMAS LYNCH,
Mayor
cc David T. Harden, City Manager
Ralph Hayden, City Engineer
William Greenwood, Director of Environmental Services
Alison MacGregor Harty, City Clerk
THE EFFORT ALWAYS MATTERS
,
.
[IT' DF DELHA' BEA[H
April 27, 1993
100 N.W. 1st AVENUE . DELRAY BEACH. Fl.ORIDA 33444 . 4()7/243 I()()()
Ms. Jenifer Mihalkanin
National American Insurance Company
5550 W. Touhy, Suite 400
Skokie, IL 60077
Re: Elevated Water Storage Tank (90-01)
Termination of Dees Contracting, Inc.
Dear Ms. Mihalkanin:
Per Article 56 and 57 of the General Conditions of the Contract
dated October 4, 1991 between the City of Delray Beach, Florida
and Dees Contracting, Inc. , we have provided written notice to
Dees Contracting, Inc. that the City of Delray Beach is
terminating the Contract.
Pursuant to Article 56 and 57 of the General Conditions of the
Contract, we are hereby notifying National American Insurance
Company that the City of Delray Beach is looking to National
American Insurance Company to fulfill Dees Contracting, Inc's
remaining Contract obligations for this Project. The City is now
making a claim on the bonds executed between the City and the
Surety on 6ctober 4, 1991 for the "Elevated Water Storage Tank"
project. Specifically, the claim is being made on Florida
Performance Bond No. NB82880, and Florida Payment Bond No.
NB82880.
We look forward to your cooperation in this matter and an
expeditious closeout of this Project. Please contact Ralph
Hayden, City Engineer in order to resolve this matter.
Sincerely,
THOMAS LYNCH,
Mayor
TL:me
Enclosure
cc: David T. Harden, City Manager
Ralph Hayden, City Engineer
William H. Greenwood, Director of Environmental Services
Susan Ruby, City Attorney
THE EFFORT ALWAYS MATTERS
,
.
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE :(H'. ',\\ "I ..\\ 1. \IT "..DU.RAY BEACH, FLORIDA 33444
F..\CSI~III.F .W: 27\..:;', Wr.1.t_r' - O.1.r_ot L.1.n._
(407) 243-7090
MEMORANDUM
Date: April 22, 1993
To: Ci ty Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Revisions to the Moveable Fixture Ordinance
Over the last two months, the City Attorney's Office has been
negotiating with the newspaper companies in order to reach some
amicable resolution to their concerns regarding the City's
moveable fixture ordinance. In an attempt to avoid any
litigation regarding the ordinance, the parties have reached an
agreement as to several amendments to the moveable fixture
ordinance. I have attached a copy of the original ordinance
with the proposed revisions inserted in legislative format for
discussi~ The following are changes which are recommended to
be brought for to the City Commission in the form of a revising
ordinance:
1. Remove the word "sod" from Section (B)(l)(a).
2. Change 25 feet to 15 feet in Section (B)(2)(c). This will
prohibit any movable fixture from being placed closer than
15 feet to a fire hydrant. This is in conformity with
state statute 3l6.l945(1)(b)(2).
3. Change 5 feet to 40 inches in Section (B) ( 4) (a) . This
will require any moveable fixture placed or maintained on
a sidewalk to leave a clear area for traffic of not less
than 40 inches, meeting American's with Disability Act
requirements.
4. Change the clear zone distance from 5 feet to 4 feet in
Section (B)(5)(a), also adding a provision allowing for a
reduction in the clear zone to 2 1/2 feet if 4 feet is
impractical, which is consistent with green book
standards.
The newspaper representatives also put forward a proposed
revision to Section (B)(5), "Clear Zones". The revision would
911
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City Commission
April 22, 1993
Page 2
permit newsracks within 4 feet of the face of a 6" high verti-
cally faced curb. In locations where the four foot minimum is
impractical, the minimum shall be reduced to 2.5 feet. In
locations where there is no curb or sidewalk, the newsrack will
be located no less than 10 feet away from the edge of the
pavement. If there is not 10 feet available, the newsrack
should be located as far away from the edge of the roadway as
possible. Where there is a sidewalk and no curb, the news rack
will be located no closer than 40" away from the roadside edge
of the sidewalk; however, if adequate right-of-way is avail-
able, the newsrack will be located along the non-roadside edge
of the sidewalk.
With regard to Paragraph (B) (7), the present language gives the
City Manager authority to designate locations on City property
for moveable fixtures. The proposed language will authorize
the City Manager, or his designee, to file location maps with
the City Clerk's Office indicating those places at which
news racks may be located at City facilities. Newsracks which
are placed in improper locations will be considered abandoned
and treated as such.
Another issue is the establishment of sight distance triangles
at intersections. The newspaper companies are suggesting a
triangle-which will intersect the road approximately 40 feet
from the beginning of the intersection.
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The "green book" standards are much more restrictive in that a
minimum distance of 300' is required as a base for the
triangle.
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The newspaper companies claim that adoption of the green book
standards will effectively ban news racks from the streets of
Delray Beach, and as a result violate the first amendment right
to freedom of speech. The existing ordinances establishes two
separate s.ite distances, depending upon the existence of a
curb. (115' with curb, 210' without) .
,
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City Commission
April 22, 1993
Page 3
While safety concerns are a primary goal of sight distance
triangles, the green book requirements may be considered too
onerous. Consequently, our office needs direction from the
Commission as to whether the City desires to impose the green
book standards, or attempt to compromise the sight distance
triangle while retaining adequate protection for motorists and
pedestrians. It is our office's opinion that if challenged,
adherence to green book standards would better support our
safety arguments rather than an arbitrary safety standard.
The newspaper companies are requesting the removal of Section
(C) , "Standards for Newsrack Maintenance and Installation".
This provision was adopted in order to avoid the placement of
duplicate newsracks within 1000 feet of an identical news rack
or in the same block. The newspaper companies claim that
Section (C) dictates to the newspaper companies how to run
their business. Therefore, they would like this section
removed in its entirety. The negotiation process has not
resolved this disagreement.
The items regarding color in Section (C) (2) (e) and the
restrictions on advertising in Section (D) , have been declared
unconstitutional in the case of Gold Coast Publications, Inc.
v. Corrigan, otherwise known as the Coral Gables case. The
provisions..-. were deemed broader than necessary to serve the
City's aesthetic interests. While this office disagrees with
the decision, it is our recommendation that both Section
(C) (2) (e) regarding color, and Section (D) regarding the
limitations on advertising be removed pending the resolution of
the Coral Gables case.
As part of the negotiations with the newspaper companies, the
City had agreed to abate any enforcement of the City's newsrack
ordinance. The dates at which the abatement was to end was
April 9, 1993. There have been no enforcement actions taken
since April 9, 1993, and at this time we are requesting that
the City Commission grant further abatement of the enforcement
of the moveable fixture ordinance until May 25, 1993 in order
to allow for the adoption of a revising ordinance and for final
negotiations to take place. (See attached letter). Consider-
ation of this abatement matter should be approved by a formal
vote of the City Commission.
One other matter proposed during the negotiations is the
question of the installation of news rack pull-off areas. This
has been done in Boca Del-Mar and Wellington. The newspapeJ;"
companies have agreed with the local association to place the
newsracks at pull-off areas which are constructed by the
association. I spoke with Gordon Martz of the Boca Del-Mar
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City Commission
April 22, 1993
Page 4
Homeowner's Association and he informed me that construction of
the pull-off locations cost between $6,000 to $8,500 per site,
depending upon the extent of landscaping and curbing which
would take place. The newspapers will not agree to contribute
any money to the construction of the sites, but have agreed to
consolidate ten news rack locations into four pull-off areas.
(See attached letter from Chip Danneker) . At this time, the
Commission should consider whether or not the City would like
to participate in a news rack pull-off construction program.
The locations listed are those locations which the newspaper
companies have proposed eliminating, if the City would
construct the pull-off areas.
It has also been suggested that the City should attempt to work
with commercial property owners to allow for the placement of
news racks within shopping centers and office buildings in order
to take some of the locations off of the street. The newspaper
companies have indicated a willingness to eliminate some
locations if the City can persuade the commercial property
owners to allow news racks on their property.
Consideration of all these matters by the City Commission is
appropriate and direction should be given as to what revisions
the Commission agrees with regarding the newsrack ordinance.
The Cit~ttorney's Office and the newspaper representatives
have been working in good faith in an attempt to resolve the
outstanding matters. It is our hope that through the adoption
of the ordinance revisions, and the adoption of cooperative
programs, litigation may be avoided.
If you have any questions regarding this matter, please do not
hesitate to call.
DNT: sh
cc: David Harden, City Manager
Lula Butler, Director of Community Improvement
Cheryl Leverett, Executive Assistant, City Clerk's Office
David Kovacs, Director of Planning & Zoning
Greg Luttrell, Traffic Engineer
fixture.dnt
"
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ORD1,;i,iKE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING,
"NEWSRACKS", AND ENACTING A NEW SECTION 6.3.3,
"NEWSRACKS, BENCHES AND OTHER UNATTACHED FI XTURE S "
TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO
ALL MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR OBJECTIVE
STANDARDS FOR THE LOCATION OF MOVABLE FIXTURES IN
THE RIGHT-OF-WAY; PROVIDING STANDARDS FOR INSTALLA-
TION AND MAINTENANCE OF NEWSRACKS; PROVIDING FOR
ENFORCEMENT BY CODE ENFORCEMENT DEPARTMENT; PROVID-
ING FOR SPECIFIC APPELLATE REMEDIES; PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach has invested millions of
dollars in installing and maintaining streetscaping and landscaping
along the public rights-of-way within Delray Beach; and,
WHEREAS, the City of Delray Beach is in the process of imple-
menting its Decade of Excellence Bond program /which will provide
additional funding of drainage, paving, and beau~ification of rights-
of-way within Delray Beach; and,
WHEREAS, the City Commission of the City of Delray Beach has
maintained a strict sign code for a number of years, specifically
prohibiting off-site advertising; and,
WHEREAS, the City Commission of the City of Delray Beach is
desirous of providing safe traffic areas for pedestrians, bicyclists,
and motor vehicles; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to improve the aesthetics of rights-of-way within its residential
and commercial zoned areas; and,
WHEREAS, the residential rights-of-way within the City of
Delray Beach have not been designed to withstand constant traffic on the
nonpaved section of the right-of-way; and,
WHEREAS, the City Commission finds that vehicular traffic
pulling onto swale areas on a continuing non-emergent basis causes
damage to the swale area which negatively affects the aesthetics of the
rights-of-way; and,
WHEREAS, the City Commission finds that vehicular traffic
pulling onto swale areas on a continuing non-emergent basis causes
damage to the swale area which negatively affects the drainage capabili-
ties of the swale area; and,
WHEREAS, the City Commission finds that news racks which have
the corporate logo and coloration on them are signs within the meaning
of the City of Delray Beach Code of Ordinances; and,
WHEREAS, the use of news racks and benches as signs is illegal
in Delray Beach and damages the aesthetic quality of our residential,
commercial, industrial, and open space neighborhoods; and,
WHEREAS, the City Commission of the City of Delray Beach
believes that improving the aesthetics of Delray Beach's residential and
,
commercial neighborhoods will improve the quality of life for the
citizens of Delray Beach; and,
WHEREAS, the City Commission finds that damaged swale areas
negatively affects property values adjacent to such swale areas and
rights-of-way; and,
WHEREAS, the City Commission of the City of Delray Beach
believes there is adequate areas of distribution available.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Article 6.3, "Use and Work in the Public
Right-Of-Way" , Section 6.3.3, "Newsracks" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby repealed, and a new Section 6.3.3, "Newsracks" of the
Land Development Regulations of the Code of Ordinances' of the City of
Delray Beach, is hereby enacted to read as follows:
Section 6.3.3 Newsracks, Benches and Other Unattached Fixtures in
the Right-Of-Way: Any newsrack, bench and other non-attached fixture
(hereinafter collectively referred to as "movable fixtures") which rests
in whole or in part upon, or on any portion of the public right-of-way
or which projects onto, into, or over any part of a public right-of-way,
or which is upon private property s ha 11 be located and maintained in
accordance with this Section. !
/
(A) Definitions. For the purpose of this subsection the following
definitions shall apply unless the context clearly indicates or requires
a different meaning.
"Advertising Circular." Any publication that contains only
advertising and no news reports.
"Auxiliary Lane." A turn lane or on-street parking area.
"Bike Path." That portion of a right-Of-way improved,
designed, or ordinarily used for bicycle traffic.
"Controlling Entity. " The person or entity responsible for
placing and maintaining a movable fixture, the owner of the movable
fixture, or the publisher of the newspaper vended within a newsrack.
"Intersecting Sidestreet." Any roadway or driveway on which
traffic is required to stop prior to entering the intersection.
"Newsrack." Any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used, or maintained for the
display, sale, or distribution of newspaper or other news periodicals or
advertising circulars.
"Paved Surfaces." Any hard maintained surface used or bull t
for the purpose of transporting vehicles, bicycles or pedestrians.
Surfaces shall include, but not be limited to, asphalt, concrete, paver
block, tree grates and/or rocks.
"Public Agency." The city, county, or the state.
"Right-of-Way." All that area dedicated to public use or
otherwise owned by a public agency for public street purposes and shall
include, but not be limited to, roadways, swales, bike paths, and
sidewalks.
"Roadway." That portion of a right-Of-way improved, designed,
or ordinarily used for vehicular traffic.
2 ORD. NO.
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"Sidewalk." Any surface within a right-of-way provided for
the exclusive or primary use of pedestrians.
(B) Prohibited Locations:
( 1) Landscaped Areas: Movable fixtures shall not be placed or
installed or erected on any landscaped area within an improved
public right-of-way. The landscaped areas include, but are not
limi ted to, those areas in which the following ground cover
materials placed:
fat--Sod,
ill tht Decorative plants, or
ill fet Native plants maintained to match the surrounding
flora.
(2 ) Public Utilities: Movable fixtures shall not be placed,
installed, or erected to obstruct the use of any public utility
pole or structure. These areas are defined as follows:
(a) Drainage structures: Movable fixtures shall not be
physically attached, chained, or bolted to any drainage structure,
inlet pipe, or other physical object meant to carry water for
drainage purposesj
(b) Utility Poles: Movable fixtures shall not be
physically attached, chained, or bolted to a utility pole;
I
(c) Fire Hydrants: Movable fixtures shall not be
located within 25 12. feet of a fire hydrant.
(3 ) Traffic Control Devices: Movable fixtures shall not be
physically attached, chained, bolted, or erected to obstruct the
function of traffic signals, traffic signs or pavement markings.
These areas shall be defined as follows:
(a) Traffic signals.
( 1 ) Movable fixtures shall not be physically
attached, bolted, or chained to a traffic signal pole.
(2 ) Movable fixtures shall not be placed in such a
manner which obstructs the free pedestrian flow to and from a
pedestrian traffic signal push button. In order to allow for the
free pedestrian flow, and handicap access, to and from pedestrian
traffic signal push buttons, movable fixtures shall be placed at
least 36 inches away from such pedestrian traffic signal push
buttons.
(b) Traffic signs. Movable fixtures shall not be
physically attached, bolted, or chained to a traffic sign or post
used for the support of a traffic sign or signs.
(4 ) Paved Surfaces: No moveable fixture shall be placed,
installed, or erected directly on a paved surface which is intended
primarily for the use of motor vehicles.
(a) Any movable fixture placed or maintained on a
sidewalk shall leave a clear area for traffic of not less than
5-feet 40 inches.
(b) Any movable fixture which is placed or maintained on
a bike path shall leave a clear area for traffic of not less
than 8 feet.
3 ORD. NO.
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(5 ) Clear Zones: Movable fixtures shall not be installed,
placed or erected within clear zones as defined in this section.
clear zones are defined as follows:
(a) The area measured within fi'1e four feet of the face
of a six inch high vertically faced curb where the four foot
minimum is impractical, the minimum may be reduced to 2 1/2 feet.
fbt- -'i'he - area - fre>m - the - edge - of - the - tra'1el - lane - on - the
ad;aeent-road-for-the-following-di~tanee~~
S~eed-bimit-of-Adiaeent-Road-------Bistanee
3S-mph-or-less---------------------iS-feet
3S-mph-or-greater------------------i8-feet
fet--'i'he-area-measured-from-the-edge-of-an-auxiiiary-iane
of-the-adjaeent-streee-wiehin-the-foiiowing-dietanees.
S~eed-bimit-of-Adiaeent-Road-------Bis~anee
3S-mph-or-iess---------------------6-feet
3S-mph-or-greater------------------i6-feet
(6 ) Sight Areas: Movable fixtures shall not be placed,
attached, installed or erected within the sight areas defined in
this section. For purposes of this section, sight areas extend
vertically from a point 3 feet above the payment elevation. Sight
areas-are-fur~her-defined-as-the-area-extendi~-from-the-interseet-
ing-~idestreet-and-a-paraiiei-iine-iS~-from the-edge-of-pavement
running - for- iiS - fee~ - where - ~he - s~ree~ - on -whieh - ~he- newsraell:: - is
piaeed-does-no~-have-a-six-ineh-vertieaiiy-faeed-eurb7-or-that-area
extending-from-the-interseeting-sideetreet-and-a-paraiiei-iine-iS~
from-the-edge-of-pa'1ement-running-for-zi6-feet-where-the-street-on
whieh-the-neweraek-ie-piaeed-does-have-a-eix-ineh-vertieaiiy-faeed
eurb. All obstructions to the required siqht distance shall be
removed within the area shown in fiqure 1.
(7 ) Other Areas: Movable fixture shall not be placed,
installed, or erected in any of the areas defined in this section.
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been
specifically permitted desiqnated by the City
Manager or hiS-designee any authorized
representative.
( 1) The City Manaqer or the duly authorized City
representative shall desiqnate locations at
City facilities for the placement of newsracks
and other movable fixtures. The location maps
shall be available for inspection at the office
of the City Clerk.
( 2) The City shall prepare a map for each City
facility illustratinq the desiqnated locations
for the placement of newsracks.
( 3) Newsracks which are placed at City facilities
are sub;ect to the same abandonment and
enforcement provisions included in Sections (E)
and (F) of the ordinance. Improperly placed
news racks shall be considered abandoned
newsracks.
(c) The area within the medians of a divided roadway.
4 ORD. NO.
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(8 ) Movable fixtures shall not be placed on any roadway, bike
path or adjacent swale area within residential-%oned-distriets-of
sinqle family subdivisions within the City; however, movable
fixtures may be placed on arterial and collector roads as illus-
trated in Fiqure T-4 of the City's Comprehensive Plan and in
conformity with the provisions of Section 6.3.3.
(C) Standards for NewsracKs Maintenance and Installation:
( 1) No more than one news rack containing the same issue
or edition of the same publication shall be located within the
same block or 1,000 feet, whichever is the lesser distance, on
the same side of the street, provided, however, a controlling
entity may locate news racks closer to each other if a public
need is determined to exist. A public need may be established
by the following method, but such method is not exclusive. A
controlling entity desiring to establish a public need, may
place a news rack at the proposed location after notice to the
City for a period of one month. If during that one month test
period, the average circulation from that news rack equals or
exceeds 75 percent of the capacity of the newsrack, the public
need is established and the additional news rack may remain at
its location.
(2 ) Any newsracK which in whole or in part rests upon in
or over any public property or right-of-way shall comply with
the following standards: .'
I
(a) A news rack shall not exceed 4 feet, 6 inches in
height, 40 inches wide, or 24 inches in depth.
(b) Coin operated news racks shall be equipped with
a coin return mechanism to permit a person wishing to
purchase a newspaper or periodical to secure an immediate
refund in the event the newsrack is inoperable. At all
times, the coin return mechanism shall be maintained in
good working order.
(c) The controlling entity shall permanently affix
to its news racks a label which states a 24 hour operable
telephone number of a working telephone service which the
customer may call to report a malfunction, or to secure a
refund in the event of a malfunction of the coin return
mechanism. The label shall feature clearly on its face,
the name and address of the distributor to give the
notices provided for in this chapter.
(d) The controlling entity shall maintain each
news rack in a neat and clean condition, and in good
repair at all times.
fet--All-newsraeks-shall-have-a-tiniform-light-brown
finish7--Provided,-however,-that-newsraeks-may-be-of-any
eolor-if-they-are-shielded-from-view-on-three-sides-in-a
eovering - built - and - permitted - in - aeeordanee - with - the
eity~s-Btlilding-eode7
fBt--Restrietions-on-Advertising~
Newsraeks - shall - not - be - tised - for - advertising - or - ptiblieity
purposes - other - than - that - pertaining - to - the - display, - sale - or
purehase-of-the-news~a~er-or-news-periodieals-sold-or-distribtited
therein7--8nly-one-flt-advertising-sign,-not-exeeeding-two-sqtiare
feet - in - area, - may - be - ~laeed - on - a - newsraek7 - - In - addition - to - the
advertis ing - sign, - the - eon troll ing - entity - may - display - onee, - on - a
newsraek,-the-name-of-the-~tlblieation7--~he-name-of-the-publieation
may-be-dis~layed-in-lettering-no-greater-than-l2u-in-height7
5 ORO. NO,
'.
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(E) Abandonment:
In the event a news rack remains empty for a period of 30
continuous days, it shall be deemed abandoned, and may be treated
in the same manner as provided in (F) below for movable fixtures in
violation of the provisions of this subchapter.
(F) Enforcement; Correction of Violation:
(1 ) Upon determination by a Code Enforcement Officer that a
movable fixture has been installed, used, or maintained in
violation of the provisions of this subchapter. An order to
correct the offending condition shall be issued to the entity
controlling the movable fixture.
(2 ) The order to correct the offending condition shall
specifically describe the offending condition and/or violation and
may suggest actions necessary to correct the condition or
violation. Such order shall be mailed by certified mail return
receipt requested to the controlling entity.
(3 ) Failure to properly correct the offending condition or
violation within 15 days after-the-mailin9-date of the receipt of
the order, shall result in the offending movable fixture being
removed by the city. Any movable fixture removed by the city
hereunder shall be stored at the controlling entity's expense for a
period of 30 days. The movable fixture shall be released upon a
proper showing of ownership and payment of / any and all storage
charges. In the event the movable fixture is not claimed within
the 30 day period, the movable fixture may be sold at public
auction and the proceeds applied first to removal, administrative
and storage charges, and the remainder, if any, then paid into the
General Fund of the City.
(4 ) If the controlling entity is not identified on the
moveable fixture, it will be considered abandoned and posted as
such.
(5 ) If the movable fixture is posted as abandoned and not
removed within 7 days from the date of posting, or the City is not
contacted by the controlling entity within 7 days from receipt of
the order, the City may remove the movable fixture immediately.
The City shall store the movable fixture for 30 days and if not
claimed within that time, the City may dispose of the movable
fixture in any manner it deems appropriate. If the movable fixture
is claimed, the entity claiming the movable fixture shall pay for
all removal, administrative and storage charges prior to release of
the fixture. If the charges are not paid within 15 days of claim
being made, the City may dispose of the movable fixture.
(6 ) At least ten days prior to the public auction, the City
Clerk shall publish a description of the movable fixture, the
location from where it was removed, and notice of the auction in a
newspaper of general circulation in the city and shall provide the
controlling entity identified on the movable fixture, or if other-
wise known, with written notification of the auction by certi f ied
mail, return receipt requested. Provided, however, that the City
Manager, or his designee, may dispose of the movable fixture in any
manner it sees fit, including negotiating the release of the
movable fixture to the controlling entity for less than full
payment of all storage charges if the City Manager or his designee
is of the opinion that such disposal will be more advantageous to
the City than auctioning off the movable fixture.
(7 ) In the event the controlling entity appeals the order to
correct the offending condition, as provided for in Subsection
6.3.3 (G), below, then removal of the movable fixture shall be
6 ORD. NO.
<.
,
stayed pending final dispusLtion of the appeal, which final dis-
position shall include any judicial review. The city shall
reimburse the controlling entity any storage charges paid pursuant
to an order issued by the city in the event the decision on the
appeal is rendered favorable to the controlling entity.
(G) Appeals: Any person or controlling entity aggrieved by any
order, finding, or determination, taken under the provisions of this
ordinance, (hereinafter an appellant) may file an appeal with the Code
Enforcement Board for the City of Delray Beach. The appellant must
effect their appeal within 15 days after receipt of the order mailed to
the appellant pursuant to this ordinance. In order to effect the
appeal, the appellant must deliver their letter of appeal, briefly
stating the basis of their appeal, to the Clerk of the Code Enforcement
Board. The Code Enforcement Board shall hold a hearing on the appeal no
later than 30 days following the receipt of the letter of appeal, unless
the parties mutually agree to an extension thereof. The appellant shall
be given at least 7 days written notice of the time and place of the
hearing. The Board shall give the appellant and any other interested
party a reasonable opportunity to be heard in order to show cause why
the fixture is not violating this ordinance. At the conclusion of the
hearing the Board shall make a final and conclusive determination. The
determination shall be reduced to writing and signed by the Board and
filed in the Office of the City Clerk within 15 days of the hearing and
a copy shall be sent to the appellant. The decision of the Board shall
be effective when rendered. The decision of the Board may be appealed
as provided for by law. !
/
(H) The use of a bench for advertising purposes is strictly
prohibited.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading; provided, however
that the City's formal enforcement measures shall not begin for a period
of one hundred twenty (120) days.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 199 -
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
newsl.ord
7 ORD. NO.
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- Sun-Sentinel
March 17, 1993
Je.ffrey Kurtz, Esquire
City Attorney
city of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Jeff,
As discussed at our meeting on February 12, 1993, the
newspapers have identified areas of Delray that would be
viable locations for city built pull-offs. Ten rack
lccations would be consolidated upon the construction of four
pull-offs.
We also identified four additional locations that would
be eliminated if the city could convince local businesses to
permit the racks to be located on the premises.
Our suggestions are as follows:
Pull Offs
There are three areas of Delray which lend themselves to
the insta~tion of news rack pull offs. By constructing a
total of~r pull offs, the newspapers would consolidate 10
ra~k locations.
Proposed Pull-Off Locations Replaced
l. Lake Ida 1. Lake Ida West of Congress
(Northside near Congress) 2. Lake Ida & E. Chatelaine
3. Lake Ida between Military
1a. Lake Ida & Chatelaine (southside)
(Southside near Military) 4. Lake Ida between Military
& Chatelaine (northside)
5. Lake Ida & Military
2 . 2900 block of Florida Blv. 6. Avenue L & Florida Blv.
7. 2700 block Florida Blv.
8. Dogwood Dr. & Florida Blv
3. Barwick (West side south 9. Barwick & Lake Ida
of Lake Ida) 10. Barwick & Atlantic
1\' ., .,- . 0
'.,' \ 5....hy, I:
j i i \ \: t' t~-;i'l i v .! j i;
ii: \ i ; ",)!;
IUJL--- :1
News and Sun-Sentinel Company' 3333 South Congress Avenue 'Delray Beach, FIJida 3344~ 737S, (4e7)~43 c~ f736-9700
'.
'.. " e . 01;. ' .... ~ ...
,-
~
Business/Trade Offs
Four locations were identified where the newspapers have
agreed to remove racks if the City can convince the landlords
to accept rack locations on their premises.
Business Location Replaced
1. Linton Square Racks on E. side of Congress
N. of Linton
2. Post Office/382 NE 2nd Ave. 2nd Ave./3rd st.
3. Post Office/Military Tr. Military at Post Office
4. Chateau Wood Development village Dr. & Barwick
The newspapers are eager to meet with you again to
address revisions to the ordinance as we discussed last
month. Please let us know when we can get together. I can
be reached at (407) 243-6691.
cc: Tom Cardozo/Miami Herald
Ke~ooper/USA Today
Ross Herrick/Boca News
Paul Miller/Palm Beach Post
sincerely,
C1y
Chip Danneker
Palm Beach Circulation
Manager
.,
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 2(1(1 :-.iW 1st !\\'E~;UF . l'FIRA', BEACH, FLORIDA ~~.:.:4
FACSI/\!ILE 407/nS-4755
Writer's Direct Line
(407) 243-7090
April 21, 1993
Jerry Budney Joanne Fanizza, Esq.
One Herald Plaza 707 S.E. 3rd Ave., 6th Floor
Miami, Florida 33132 Fort Lauderdale, Florida 33302
Kevin C. Cooper Cristina M. Simon, Esq.
USA Today 1900 Phillips Point West
10315 USA Today Way 777 South Flagler Drive
Miramar, Florida 33025 West Palm Beach, Florida 33401
Subject: City of Delray Beach Moveable Fixtures Ordinance
Dear Newspaper Representatives:
It is my understanding that all enforcement efforts under the
movable fixture ordinance were abated for a period of time up
to and including April 9, 1993. At the April 7, 1993 meeting,
former City Attorney Jeff Kurtz stated that he would seek an
additional thirty-day extension on the enforcement abatement.
The thi~day extension would have been from April 9, 1993.
The Commission was not advised of this extension at its April
13, 1993 meeting. City Attorney Susan Ruby will make the
request for an extension at the April 27, 1993 meeting. The
extension would be until May 25, 1993. Therefore, pending the
City Commission's authorization, you will now have five ( 5 )
days from May 25, 1993 to file an appeal or correct the
violation. This will allow for negotiations to continue, and
enable us to work out an amicable resolution.
Thank you for your continued cooperation. If you have any
questions, please call.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OF D~LU.CH'~LORIDA
By: ~ .
David N. Tolces, Esq.
Assistant City Attorney
DNT: sh
newsmem2.dnt
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2()O NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM RECEIVED
DATE: April 20, 1993 APR 2 1 1993
TO: City Commission CITY MANAGEQ'S OFFICE
FROM: Susan A. Ruby, City Attorney
SUBJECT: Definition of Earnings
The City's ordinance governing pensions defines "earnings" as
"basic wages paid to a member, excluding overtime, bonuses, and
any other non-regular payments". This definition is contained
within the City's Code of Ordinances in Section 36.60.
Attached hereto, please find backup material and a letter from
former City Attorney, Jeffrey S. Kurtz dated March 23, 1992
which sets forth the opinion that the "payments" constitute
bonuses and are therefore properly excluded from the earnings
calculations. This interpretation is consistent with past
practice because it is our office's understanding that all of
these items are presently excluded when making pension
calculations by both the actuary, the finance department and
the pension board.
Please feel free to contact our office if you have any further
questions regarding this matter.
By copy of this memorandum to David Harden, our office requests
that this matter be placed on the April 27, 1993 City
Co ion agenda.
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
qo
.j. ' '"''
,
[IT' DF DELAA' BEA[H
iOO N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: City Attorney
FROM: David T. Harden, City Martager~1
SUBJECT: PAYROLL CODES INCLUDED IN POLICE
OFFICER AND FIREFIGHTER EARNINGS
DATE: April 15, 1993
-------.
Attached is Joe Safford's memo to Jeff dated November 30, 1992
regarding this issue. As we discussed by telephone today, Jeff and I
had agreed that this matter should go to the City Commission, however,
I had never received from him comments he indicated he would provide to
be included in the back up material.
It appears to me that this reinterpretation of the City code
constitutes an increase in benefits which should be negotiated with the
appropriate unions. Another approach to relieve the concerns of the
pension board might be to amend the code to clarify that incentive pay
is not to be considered part of earnings for pension purposes.
As we discussed, I will tentatively schedule this for City Commission
consideration on April 27th.
DTH:nr
Att
\..,' ...~ ,'"_,,,_"H__ __
~_..,..~._.~ - __~ .____~..__,..__. ___. .n,.___'_ __I
THE EFFORT ALWAYS MATTERS
'.
MEMORANDUM
TO: Jeffrey s. Kur~ Atrorney
FROM: Joseph M. Sa~ ctor of Finance
SUBJECT: Payroll Codes for Police and Firefighters Pension Plan
Participants
DATE: November 30. 1992
Please find attached a request from the Police and Firefighters Pension
Board as delivered to me today by the Police and Firefighters Pension Board
Secretary. Sal Arena.
As you know. the Police and Firefighters Pension Board was reviewing the
City's payroll codes to determine which codes are currently included in the
"earnings" calculations which are used to determine pension benefits and
whether or not they felt other codes should be included. Based on the
information presente4 to them and their subsequent discussions, they are
requesting that the attached list of codes be used in the "earnings"
calculations. some of which are not currently used in these calculations.
They further requested that these changes be made during the next pay
period.
Please review their request and advise whether or not an ordinance change
would need to be implemented prior to our inclusion of these additional
codes. As they are requesting these changes to be made in an extremely
short timeframe and any addition of codes will require programming changes
to several programs. we would appreciate your review of their request and a
reply to our concern as soon as possible so that we may have adequate time
to comply with their request.
'., . .
Additionally. these requested code additions would n~t only increase the
amount of City contributions. but the amount of employee contributions for
each participant in the Police and Firefighters Pension Plan. As such, it
would also seem appropriate for these effected employees to be notified
prior to any changes being made which would effect their paychecks.
If you will be responding directly to the Board concerning this matter,
please forward a copy of your reply to me.
Thank you. I
/sam
Attachment
cc: David T. Harden. City Manager
Salvatore Arena. Police and Firefighters Pension Board Secretary
,
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE . , , ....: :',(:1. FLORIDA 13-:-:-:
f - ... ~ . S ; \ ~ i i _ j .: I ,: -: .' . < ,: - :: .::;,
Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: March 23, 1992
To: Milena Walinski, Assistant Finance Director
From: Jeffrey S. Kurtz, City Attorney
Subject: Earninqs Definition for Police and Fire Departments
You had sent to our office a memo requesting what the Fire
State Education Compensation, Police Basic, Police Career, and
Police Educational State Compensation should be classified as
under within the earnings definition. It is my understanding
that all of these items are presently excluded when making
pension calculations by both the actuary, yourselves and the
board.
It is my opinion th~ those payments constitute bonuses and are
therefor~roperly excluded from the earnings calculations. As
indicated above, this is consistent with the past practice. I
have not opined reference on the status of EMT certification
pay for a life guard because they are obviously not
participants in the Police and Fire Pension Fund.
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
JSK: jw
cc: Sal Arena
earnings.jsk
"
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M E M 0 RAN DUM
Ii
TO: Jeffrey Kurtz
City Attorney
FROM: ~ Milena L. Walinski
Assistant Finance Director
THRU: ~osePh M. Safford
. irector of Finance
SUBJECT: Determination of Non-Regular Payments
DATE: December 17, 1991
Attached is a listing of pay types that are excluded from Pension
calculations. Specifically, please address whether the following pay types
should be classified as "Basic Wages" of as a "Non-Regular Payment"
(Ordinance Section 33.60, Earnings).
-----
CODE DESCRIPTION
F1 Fire State Education Compensation
Associates Degree - $50.00 per month
Bachelors Degree - $110.00 per month
LG Lifeguard
Certificate of EMT - $50.00 per month
PB Police Basic
Attendance at Police Academy - $25.00 per month, effective
for employees hired prior to July 1, 1980.
PC Police Career
Every 80 hour block of specialized training - $20.00 per
month
PE Police Educational State Compensation
Associates Degree - $30.00 per month
Bachelors Degree - $80.00 per month /.- '-r-;r:-
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--- .._, .
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MLW/slh r~/
ri/ OEe 23 J991
Attachment \~ RfGflVfO . .-,
\S' ': (_~/
cc: Police and Fire Pension Board ~~.
"
11 DELRAY BEACH POLICE AND FIRE DEPARTMENTS S 33.61
(a) Any authorized leave of "SYSTEM." The city Police and
absence or vacation, provided all members Firefighters Retirement system as contained
similarly situated in similar circumstances herein and all amendments thereto.
shall be treated alike pursuant to unifor~ ('80 Code, S 18-46) (~ Ord. 83-79, passed
nondiscriminatory rules. 12-10-79; ~ Ord. 38-83, passed 6-14-83; ~
Ord. 46-87, passed 5-26-87; ~ ord. 53-89,
( b) Any service, whether passed 9-12-89)
voluntary or involuntary, in the armed
forces of the United States, provided the S 33.61 MEMBERSHIP; CONDITIONS OF
member is legally entitled to reemployment ELIGIBILITY~ APPLICATION.
under the provisions of the Universal
Training and service Act and any amendments (A) Conditions of eligibility.
thereto, or any law applicable to such
reemployment, and provided that a member (1) Employees, as defined in
shall apply for reemployment within three S 33.60, who are covered under the retirement
months following termination of such program provided under F.S. chapters 175 and
service. However, no credit for benefit 185, as of the effective date, shall become
eligibility or computation purposes under members of this syste~
the system shall be allowed for any such
period of leave of absence or military ( 2) Any employee who is a member
service. Nothing aforementioned shall serve of the city's retirement plan for general
to reduce the accrued accredited services of employees at the time of adoption of this
the members on the effective date of the retirement system may become a member of this
plan. system provided he elects to transfer his
employee contribution account from the
(3) Continuous service shall retirement plan for general employees to this
also include, for reemployed members, those syste~ which he is authorized to do by this
years and completed months for which the subchapter, and provided he also deposits to
reemployed member had withdrawn his the Trust Fund, on the basis of procedures
contributions to the Trust Fund, where the established by the Board of Trustees, an
reemployed member repays into the Fund the amount equal to the additional moneys he
contributions he had withdrawn, with would have contributed had he always been
interest based upon the plan'S annual total covered under F.S. Chapters 175 and 185, plus
rate of return for the pension funds, as interest in an amount to be determined by the
computed by the actuaries or the city, for Board.
those years and completed months, within 90
days after his reemployment date. A ( 3) Any other employee shall, as
reemployed member may also repay only a a condition of employment, become a member
portion of the withdrawn funds with interest upon employment, provided that:
and receive a like credit for continuous
service; however, repayments, whether (a) The employee
partial or total, shall only be permitted satisfactorily completes all required medical
once within the 90-day limit. examinations for an employee of his
classification, including any examination
"EARNINGS." Basic wages paid to a prescribed by the Board, and
member, excluding overtime, bonuses, and any
other nonregular payments. ( b) The employee meets all
requirements of the civil service Board of
"EFFECTIVE DATE." April 22, 1974. the city. However, for purposes of
disability benefits hereunder, the Board may
"EMPLOYEE. " All employees of the city declare anyone becoming a member under
classified as full-time sworn police division (A)(3) of this section to be
officers, as defined on the effective date permanently ineligible, but only at the time
in F.S. S 185.02, or classified as police of initial membership, and only in the event
officers in training, or classified as that any medical examination under division
volunteer or regular full-time firefighters, (A)(3)(a) of this section reveals a condition
as defined on the effective date in F.S. or symptom which has previously been
S 175.032, but shall exclude all civilian determined by the Board to render members not
members of the Police and Fire Departments, eligible for disability. A determination by
and the Police Chief and Fire chief upon the Board as to disqualifying conditions and
their written election not to participate in symptoms must be reflected in prior Board
the syste~ minutes, and a declaration of a member's
ineligibility must be recorded in the Board's
"~" The Trust Fund established minutes and noted on the member's application
herein as part of the syste~ for~
"MEMBER." An employee who fulfills ( B) Application. Each eligible
the prescribed participation requirements. employee shall complete an application form
covering the following points, as well as any
"SPOUSE. " The lawful wife or husband other points or items as may be prescribed by
of a member at time of retirement and death. the Board.
1989 S-S
.,
Board of Trustees
CITY OF DELRA Y BEACH
POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
lOON.W.lstAvenue
Delray Beach, Florida 33444
-...
To: Mr. Joseph Safford RECEIVED
Finance Director
From: Officer Salvatore Arena ~V NnV SO '99'2
Pension Board Secretary
Date: November 30, 1992 BY F'NANCE
Ref: Payroll Codes .
During the November 1992 Pension Board meeting all payroll codes were
reviewed, to determine which ones should have pension contributions deducted from
them. The following is a list of these payroll codes:
(1) Advance vacation pay
(2) Absence with pay
(3) Bargaining holiday pay
(4) Bereavement pay
(5) Holiday pay
(6) Injury appointment
(7) II~ury pay
(8) Injury/first 7 days
(9) Jury duty
(10) Military leave
(11) Overtime straight
(12) Personal Holiday
(13) Retroactive pay ,
.
(14) Regular pay
(15) Retroactive pay/regular
(16) Retroactive pay/other hours
(17) Sick pay
(18) Sick supplemental
(19) Vacation supplemental
(20) Vacation pay
(21) Fire state education compensation pay
(22) Fire inspectors pay
(23) Paramedic certification! E.M. T, certification
(24) Hazmat Technician Certification ( hazardous materials technician)
(25) S.C.B.A. technician certification (self-contained breathing apparatus)
(26) K-9 compensation
(27) Police basic
(28) Police career
(29) Police educational
.,
Board of Trustees
CITY OF DELRA Y BEACH
POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
100 N. W. 1st Avenue
De/ray Beach, Florida 33444
The Pension Board would appreciate you deducting pension contributions based
on the above listed payroll categories. This deductions should commence during the next
pay period.
If you should have any questions feel free to contact me at ext. 7390.
Thank you in advance for your assistance in this matter.
" .
~
I
.,
:'Y "--- ~ ~
- -
/' .
/ I vn ~~{evUd- CITY OF DELRAY BEACH
V PAYROLL BONUS CODE LISTING
(INCLUDING CODE DESCRIPTION fuVD EXPLfu~ATION)
AS APPLICABLE TO POLICE OFFICERS AND FIREFIGHTERS
Bonus
Code Description Explanation
~l Fire State Education State Education reimbursement bonus
Compensation Pay
vi'2 Fire Inspectors Pay Certification incentive pay. Full
incentive pay will be limited to
those inspectors assigned to the
Fire Safety Division and those who
possessed the certification prior
to October 1 , 1991. Employees who
possess this certification and were
employed after October 1, 1991 or
are employed in another division
shall -receive 507. of the incentive
pay.
~3 Paramedic Certification Certification incentive pay
E.M. T. Certification
------
/F4 Hazmat Technician Certifica- Certified by the National Fire
tion (Hazardous Materials Academy. 'They must be recertified
Technician) in accordance with Fire Department
policy every year.
/F5 -
S.C.B.A. Technician Certi- Certification Incentive Pay for
fication (Self-Contalned those I.A.F.F. employees who can
Breathing Apparatus) repair, overhaul and maintain
S.C. B.A. equipment.
/K-9 K-9 Compensation Provided to officers in the K-9
Unit for the feeding and upkeep of
their canines.
/PB Police Basic (This is an old code which is no
longer assigned.) It paid a bonus
to those employees who had finished
basic training.
.;;C Police Career After every 80 hours of education,
employees in the F.O.P. receive a
$20.00 bonus.
IPE Police Educational For officers who possess an
Associate's or Bachelor's Qegree.
'.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #'1I. - MEETING OF APRIL 27, 1993
APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES
DATE: APRIL 23, 1993
John M. Duane, Jr.'s term on the Police and Fire Board of
Trustees expired on April 22, 1993. Mr. Duane is not interested
in being considered for reappointment. The term will be for two
(2) years, commencing April 23, 1993, and ending April 22, 1995.
The following individuals have submitted applications for
consideration:
David I. Cohen
Herbert F. Freese
Melvin Hirth
Rosalind Murray
William Plum
Ben Stackhouse
The requirement for membership is that two (2) public members are
to be appointed by the City Commission. A person need not be a
resident, property owner or business owner within the city. The
appointee must take an oath of office.
Pursuant to Commission direction, a check has been conducted for
possible code violations or municipal liens. None of the
applicants has any outstanding code violations or liens.
Based upon the rotation system, the appointment will be made by
Commissioner Ellingsworth (Seat #3).
Recommend appointment of a member to the Police and Fire Board of
Trustees to a term ending April 22, 1995.
f;~ !if $/11/93
"
,
- .'
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY CLERK (J.frll
SUBJECT: AGENDA ITEM # q:r - MEETING OF APRIL 27, 1993
RESULTS OF DOWNTOWN DEVELOPMENT AUTHORITY REFERENDUM
ELECTION - APRIL 27, 1993
DATE: APRIL 27, 1993
The cumulative results of the Referendum Election concerning the
expansion of the Downtown Development Authority are as follows:
TOTAL BALLOTS CAST
REGULAR ABSENTEE TOTAL
YES (For Approval) 10 + 6 = 16
NO (Against Approval) 8 + 0 = 8
Based upon the foregoing results, the Referendum Question for the
expansion of the Downtown Development Authority boundaries has
been approved by a majority of the eligible electors of the City
of Delray Beach, Florida, voting at the election held on April
27, 1993.
MOTION:
Move to approve the total votes for the Referendum Election and,
based upon the above and foregoing, it is hereby declared that
the Referendum Question pertaining to the expansion of the area
lying within and under the jurisdiction of the Delray Beach
Downtown Development Authority has been approved by a majority of
the eligible electors of the City of Delray Beach, Florida,
voting at the election held on April 27, 1993.
AMH/m
cc: City Manager
City Attorney
,.
,.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER B/t1
SUBJECT: AGENDA ITEM # q \f - MEETING OF APRIL 27, 1993
CANVASS RETURNS AND DECLARE RESULTS OF APRIL 27, 1993,
REFERENDUM ELECTION FOR THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: APRIL 23, 1993
The referendum election concerning the expansion of the Downtown
Development Authority boundaries will be held on Tuesday, April 27,
1993, between 7:00 a.m. and 7:00 p.m.
It is anticipated that we will be able to provide a report of the
results of the election, together with the appropriate motion, to the
City Commission for action prior to the conclusion of the April 27th
regular meeting.
"
I
.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(J;t/(
SUBJECT: AGENDA ITEM i 10 A - MEETING OF APRIL 27. 1993
ORDINANCE NO. 33-93
DATE: April 23, 1993
This is the second reading of an ordinance amending Chapter 36 of the
City's code to provide that service authorizations issued under a
continuing contract for a separate and distinct project which does not
exceed $10,000 (or involve an extension of time) may be entered into
by the City Manager without City Commission review, acceptance,
approval or separate award.
This ordinance addresses an issue raised by the Engineering Department
concerning service authorizations issued under continuing contracts.
In response, the City Attorney's office has drafted this ordinance for
Commission consideration.
At the April 13th regular meeting, Ordinance No. 33-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 33-93 on second and final reading.
.
'.
_ ~~.fl:;' ~
RECEIVED
[ITY DF DElRAY BEA[H MAR 2 J J99j
CITY MANAGf:Q'S OFFICE
f~: rry ATTORNEY'S OFFICE \', ,: i FI ,'",
Writer's Direct Line
. (407) 243-7091
MEMORANDUM
DATE: March 19, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ordinance Which Gives Approval Authority to City
Manager for Project Specific Service Authorizations
Under Continuing Contracts Which Do not Exceed
$10,000
This ordinance addresses issues raised by the Engineering
Department concerning service authorizations issued under
continuing contracts. The draft ordinance provides that
service authorizations issued under a continuing contract for a
separate and distinct project which does not exceed $10,000, or
modifications thereto, which do not exceed $10,000 for the
entire project (or involve an extension of time) do not require
City Commission approval.
By copy of this memorandum to David Harden, our office requests
that this ordinance be placed on an agenda for City Commission
approval.
..~
SAR:ci
Attachment
cc David Harden, City Manaqer
William Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
Ted Glas, Director of Purchasing
Bigncm2 . Bar
.,
.
~ .
_._.- - -
-~~---_.~-~----- ---- ~---..----_.-
lf1 A service authorization issued pursuant to a
continuing contract for a separate and distinct project
which does not exceed $10,000, may be approved by the
City Manager or his.desiqnee. Service authorizations
for separate and distinct projects which exceed $10,000
shall require City Commission approval. Where changes
to a service authorization for a particular project are
made which will increase the total cost of the
particular project authorized by the initial service
authorization over $10,000, or involve an extension of
time, the service authorization shall be approved by
the City Commission.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective 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 , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 33-93
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEP/)k.1
SUBJECT: AGENDA ITEM # 108 - MEETING OF APRIL 27. 1993
ORDINANCE NO. 34-93
DATE: April 23, 1993
This is the second reading of an ordinance amending the Code of
Ordinances to provide clarification that the City Manager or his
designee may execute certain contracts regarding the acquisition of
personal property, supplies, contractual services, change orders,
service authorizations and modifications thereof in instances where by
ordinance a public hearing or review, award, selection or approval by
the City Commission is not required.
This ordinance clarifies the signature authority of the City Manager.
At the April 13th regular meeting, Ordinance No. 34-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 34-93 on second and final reading.
p~ 4 - /
[m4ffo~
dt 'SsE/l'17 fie; )
.
,
.
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- ~F!,,~-~.,-)-~zii:f:I"ft:...~
~4'::;3
CITY OF DELHAY BEA[H
e1TY ATTORNEY'S OFFICE ' , , '..\; :'_.\'~ ii, ~--l ~ !\.; \. '-~ ....
,". ;. Writer's Direct Line
(407) 243-7091
MEMORANDUM
. RECEIVED
DATE: March 19, 1993 AlAR 2 .J 199 j
TO: City Commission CI Ty MANflf'r:/).
FROM: Susan A. Ruby, Assistant City Attorney ~ nT:FICE
SUBJECT: Ordinance Clarifying the Signature Authority of
the City Manaqer
This ordinance clarifies the signature authority of the City
Manager. The Charter permits the Manager to execute contracts
where the Commission delegates the authority by Charter,
Ordinance, Resolution, or Motion. The Ordinance seeks to make
clear that matters, acquisitions and contracts addressed in
Chapter 36 of the City's Code of Ordinances which do not
require City Commission review, approval, selection or award
and that do not require a public hearing, may be made binding
upon the City with the signature of the City Manager
By copy of this memorandum to David Harden, our office requests
inance be placed on an agenda for City Commission
Attachment
cc DllYiGitarcieft; -City Manager
William Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
Ted Glas, Director of Purchasing
signcm.sar
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ORDINANCE NO. 34-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORI~A, AMENDING CHAPTER 36, "FINANCE;
CITY PROPERTY TRANSACTI'ONS", SECTION 3 6 . 0 1, "COMPLIANCE
WITH STANDARD PRACTICE INSTRUCTIONS", BY RELETTERING
THE FIRST PARAGRAPH SUBSECTION (A) AND BY ENACTING A
NEW SUBSECTION 36.01(B), TO PROVIDE CLARIFICATION THAT
THE CITY MANAGER OR HIS DESIGNEE MAY EXECUTE CERTAIN
CON~RACTS REGARDING THE ACQUISITION OF PERSONAL
PROPERTY, SUPPLIES, CONTRACTUAL SERVICES, CHANGE
ORDERS, SERVICE AUTHORIZATIONS AND MODIFICATIONS
THEREOF IN INSTANCES WHERE BY ORDINANCE A PUBLIC
HEARING OR REVIEW, AWARD, SELECTION OR APPROVAL BY THE
CITY COMMISSION IS NOT REQUIRED; PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Delray geach, Section
4.04(hl, provides that the City Manager has the power to ~ign contracts
on behalf of the City pursuant to provisions of the City Charter,
appropriation ordinances, and as authorized by ordinance, resolution or
by motion; and
WHEREAS, Section 36.02(~), (B) and (C) of the Code of
Ordinances of the City of Delray Beach provides generally that supplies
or contractual acquisition of personal property or services of less than
ten thousand dollars ($10,000.00) do not require City Commission review
or approval; and
WHEREAS, Section 36.10 through Section 36.14 of the Code of
Ordinances of the City of Delray Beach sets forth the implementation
procedures for change orders, and contracts and modifications thereto
which do not require City Commission review, award or approval where
changes do not increase the total price over ten .thousand dollars
( $1 0 , 00 0 . 0 0); and,
WHEREAS, the City Commission desires to clarify that the City
Manager or his designee may execute purchase orders and contracts for
the acquisition of personal property, supplies, and contractual services
and may execute change orders, service authorizations or contract
modifications which do not require a public hearing, City Commission
review, approval, selection or award, pursuant to the above named
ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property
Transactions", Subheading "City Purchasing", Section 36.01, "Compliance
With Standard Practice Instructions", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
Section 36.01 COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS
(A) The details of all city purchasing shall be
performed in accordance with the latest current revision of a
standard practice instruction as issued by the City Manager,
and as this reflects the requirements of the City Charter and
the current revision of the city's code.
J!l The City Manager or his designee shall have the
authority to execute on behalf of the City, all purchase
orders, contracts, change orders, service authorizations or
modifications thereto when a public hearing, or approval,
review, selection or award by the Commission is not required
by this Chapter.
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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 this ordinance shall become effective ten
(10 ) days after its passage on second and final reading.
PASS'ED AND ADOPTED in regular session on second and final
reading on this the day 0 f , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 34-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1ft. ,)
v
SUBJECT: AGENDA ITEM i Joe - MEETING OF APRIL 27. 1993
ORDINANCE NO. 35-93
DATE: April 23, 1993
This is the second reading of an ordinance repealing provisions in
the Land Development Regulations concerning Storm Water Utility
Assessments and incorporating those provisions into Chapter 56 of the
Code of Ordinances.
The proposed ordinance eliminates the individual notice to property
owners unless individual notifications are required by Florida
Statute. The ordinance retains the public hearing process, but only
requires it to be advertised once, for the purpose of establishing a
budget, rates, preparing the assessment roll and certification and
adoption of the roll.
Additionally, it has been recommended that future annexation
applications and water service agreements contain a clause indicating
consent to the imposition of the stormwater management assessment.
This would alleviate the need for individual notices on the basis of
change of boundaries.
At the April 13th regular meeting, Ordinance No. 35-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 35-93 on second and final reading.
p~ 5-0
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE : II ',\1 i < .\ \T.'; L'E . U ELRA Y BElICH, FI.ORIDA 33~44
f' ',,\ ');.\lll.l: "~(.!7':7S-475:,
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 30, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Amendment to Stormwater Assessment Ordinances
Our office has prepared the attached draft ordinance which
repeals provisions in the LOR's concerning Storm Water Utility
Assessments and incorporates the provisions into Chapter 56
governing stormwater assessments.
The ordinance eliminates the individual notice to property
owners unless individual notifications are required by F.S.
197.3632, where the non-advalorem assessment is levied for the
first time; the assessment is increased beyond the maximum rate
authorized by law or judicial decree, the boundaries have
changed unless the owners have provided written consent for
such assessment; or there is a change in the purpose or in the
use of the revenue generated by the assessment. The ordinance
retains the public hearing process, but only r:tuires it to be
advertised once, for the purpose of establi ing a budget,
rates, preparing the assessment roll and the certification and
adoption of the roll.
Our office by written memorandum on August 7, 1992 informed
David Kovacs that annexation applications and water service
agreements should contain a clause indicating consent to the
imposition of the stormwater management assessment upon
annexation, which if implemented, should alleviate the need for
individual notices on the basis of change of boundaries.
By copy of this memorandum to David Harden, City Manager, our
office requests that this ordinance be placed on an upcoming
a~~ty Commission approval.
SAR:c
Attachment
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
David Kovacs, Director of Planning and zoning
Dick Hasko, Assistant City Engineer
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ORDINANCE NO. 35-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL
IMPLEMENTATION PROGRAMS" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING
SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS",
AND BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING CHAPTER 56, "STORMWATER" ,
SECTION 56.19, "STORMWATER MANAGEMENT ASSESSMENT LIEN",
BY RENAMING THE SECTION "STORMWATER ASSESSMENT LIENS;
ENFORCEMENT" , BY AMENDING SECTION 56.19(A) TO PROVIDE
FOR ENFORCEMENT OF DELINQUENT LIENS, BY AMENDING
SECTION 56.21, "INTERIM METHOD OF COLLECTION", AND BY
AMENDING SECTION 56.22, "UNIFORM METHOD OF COLLECTION",
BY ADDING SUBSECTIONS E, F AND G TO PROVIDE FOR THE
PAYMENT AND COLLECTION OF STORMWATER MANAGEMENT
ASSESSMENTS UNDER THE INTERIM AND UNIFORM METHODS OF
COLLECTION, RESPECTIVELY, BY ENACTING A NEW SECTION
56.23, "STORMWATER ASSESSMENT PROCESS", TO PROVIDE FOR
A PUBLIC HEARING FOR THE PURPOSE OF ESTABLISHING A
BUDGET, ADOPTING RATES AND FOR THE PREPARATION,
CERTIFICATION AND ADOPTION OF A STORMWATER ASSESSMENT
ROLL, AND TO PROVIDE THAT INDIVIDUAL NOTICES TO
. PROPERTY OWNERS ARE NOT REQUIRED EXCEPT IN INSTANCES
WHERE IT IS MANDATED BY STATE LAW, AND BY RENUMBERING
FORMER SECTIONS 56.23, 56.24, 56.25; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach codified certain sections o.
the stormwater assessment process in the Land Development Regulations
(LDRs) of the Code of Ordinances of the City of Delray Beach; and,
WHEREAS, the City of Delray Beach desires to repeal Sectlon
8.4.16 of the LDR's and recodify in part those sections in Chapter 56,
"Stormwater", to provide for uniformity wherein all Stormwater
Assessment Ordinances are contained in the same chapter of the City's
Code of Ordinances; and,
WHEREAS, the City Commission of the City of Delray Beach
desires to re-establish the public hearing process to initiate the
budget, rates, assessment roll and certification and adoption thereof as
it pertains to the Stormwater Management Assessment; and,
WHEREAS, the City Commission desires to provide individual
notices to property owners (other than notices sent by the Tax Collector
pursuant to Fla. Stat. 197.3635) only in those circumstances required by
Florida Statute Section 197.3632(4).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1- That Chapter 8, "Special Implementation Programs"
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended by repealing Section 8.4.16,
"Stormwater Management Assessments", in its entirety and recodifying
certain repealed provisions. as set forth herein.
Section 2. That Chapter 56, "Stormwater" is hereby amended by
amending Section 56.19, "Stormwater Management Assessment Lien", to read
as follows:
5.,6.19 Stormwater Management Assessment Lien.; Enforcement.
(A) All stormwater management assessments assessed pursuant
to this chapter shall be a lien upon the property to which such
assessment relates from the first day of the year for which said
assessment is imposed until such assessment is paid. The owner of every
building, premise, lot or house shall be obligated to pay the stormwater
management assessments, ~ which-ebiigaeiea-may-be-eafercea-by-ehe-ctey
by-aceiea-ae-iaw-er-s~ie-ee-eftferce-efte-iiea-ift-efte-same-manaer-as-efte
ferecies~re--ef--meregages. All delinquent Stormwater Manaqement
Assessment liens may be enforced at any time by the City at least thirty
(30) days subsequent to the date of the service of the notice of lien
for the amount due under such recorded liens, includinq all interest
charqes, plus costs and a reasonable attorney's fee by a proceedinq in a
court of law or equity to enforce or foreclose such liens in the manner
in which a mortqaqe lien is foreclosed under the laws of Florida, or the
collection and enforcement of payment thereof may be accomplished by any
other method authorized by law. It shall be lawful to join in any
complaint or foreclosure or any leqal proceedinqs, anyone or more lots
or parcels of land that is the subject of a lien or liens. in - the
eYefte-ef-s~eh-aceiea,-ehe-ciey-shaii-be-eaeieiea-ee-reeeYer-ail-co~rt
eeses-afta-reaseaabie-aeeerftey-fees-fer-s~ch-colleceien. In the case
where a tenant in possession of any premises or buildings shall pay said
assessment, it shall relieve the land owner from such obligation and
lien; but the city shall not be required to look to any person
whatsoever other than the owner for the payment of such assessment. No
changes of ownership or occupation shall affect the application of this
chapter, and the failure of any owner to learn that he purchased
property against which a lien for stormwater management assessment
exists, shall in no way affect his or her responsibility for such
payment. In addition to the above, in the event the annual stormwater
management assessment is collected pursuant ot the uniform method of
collection, it shall be subject to all collection provisions of F. S.
Chapter 197, as amended and supplemented, including provisions relating
to discount for early payment, prepayment by installment method,
deferred payment, penalty for delinquent payment, and issuance and sale
of tax certificates and tax deeds for nonpayment, as provided by law.
Such stormwater management assessment is subject to becoming a lien
against homestead, as provided in Section 4, Article X, of the Florida
Constitution.
Section 3. That Chapter 56, "Stormwater" is hereby amended
by amending Section 56.21, "Interim Method of Collection", to read as
follows:
56.21 Interim Method of Collection
ill As soon as practicable after the enactment of this
chapter, the Director shall prepare a budget of operation for the year
2
ORO. NO. -35.93
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ending September 30, 1990, in conformity with the requirements of
Section 56.16. After rates for the stormwater management assessment
have been determined for such period, the Director of Finance shall,
based on information provided by the Director and the Palm Beach County
Property Appraiser, prepare and mail a billing statement to all owners
of property within the benefited area reflecting the annual stormwater
management assessment. Notwithstanding any provision in this chapter to
the contrary, to the extent that the uniform method of collection is not
available for the collection of stormwater management assessments with
respect to certain types of properties within the benefited area, the
city reserves the right to continue to use the interim method of
collection.
(B) The owner and description of each parcel of real property
shall be that designated on the real property records maintained by the
property appraiser.
(C) The Stormwater Management assessments shall be due and
payable at the time set forth in the billing statement. There shall be
no discounts for early payment pursuant to the Interim Method of
Collection. The Stormwater Management Assessment shall become
delinquent if not fully paid within thirty ( 30) days of rendition. All
delinquent Stormwater Management Assessments shall, until paid, bear an
interest charge of 8 percent (8\) and a rebilling charge covering
administrative costs.
(D) The billing statement under the Interim Method of
Collection shall contain a notice advising that the Stormwater
Management Assessments imposed against the owners of the real property
in the Benefitted Area thereof assessed shall constitute a lien against
such property as of the first day of the fiscal year (or the date of
enactment of Ordinance No. 21-90 with respect to the billing statement.
covering the period from the date of such enactment to September -
1990) for which said assessment is imposed until such assessments i:..
paid, which lien until fully paid and diSCharged or barred by law, shall
be prior to other liens except such assessment lien shall be on a parity
with the lien of State, County and City taxes and any liens for charqes
for services created pursuant to Section 159.17, Florida Statutes, as
amended and supplemented. Such notice shall further advise the owner
that failure to pay the Stormwater Management Assessments in a timely
manner may result in a loss of title. The City may combine the amount
due from the date of enactment of Ordinance No. 21-90 to September
30,1990, in the billinq statement for the fiscal year beqinning October
1, 1990.
(E) If any Stormwater Management Assessments shall become
delinquent, the City shall cause to be prepared a notice of lien
containing the amount of the delinquent Stormwater Manaqement Assessment
including imposed interest charges and other costs, a legal description
of the property and the name of the owner of such property. The City
may, after notice has ~een qiven, as described below, record such notice
of lien in the public records of the County. A copy of the notice of
lien shall be served on the owner of record as provided in Section
713.18, Florida Statutes, as amended and supplemented, within ten ( 10)
days after the notice of lien is recorded.
(F) The notice shall be mailed on or about the 30th day after
the mailing of the billing statement. Such notice containing a
statement as to the interest charge and other costs and how the same
3
ORD. NO. 35- 93
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shall accrue and shall further advise the owner that a notice of lien
will be filed by the City aqainst that parcel of real property.
However, if such Stormwater Management Assessment, toqether with any
interest charges and other costs, are received within ten (10) days of
such notice, then such notice of lien will not be filed.
Section 4. That Chapter 56, "Stormwater", is hereby amended
by amending Section 56.22, "Uniform Method of Collection", by enacting
subsections 56.22(E)(F) and (G) to read as follows:
~6.22 Uniform Method of Collection
(El The Stormwater Management Assessments shall be imposed
against the owners of all real property in the City, other than
non-assessed property and collected pursuant to the Uniform Method of
Collection for fiscal year commencing October 1, 1991. Thereafter, the
City will use the Uniform Method of Collection unless the City
determines that an other method of collecting stormwater management
assessments is in the best interest of the City.
(Fl The owner and description of each parcel of real property
shall be that designated on the real property records maintained by the
property appraiser.
(Gl The Stormwater Manaqement Assessments shall be due and
payable at the time set fortX in the notice of non-ad valorem
assessments prepared by the County Tax Collector. Stormwater
Managements Assessments collected pursuant to the Uniform Method of
Collection shall be sub1ect to all collection provisions of Chapter 197,
Florida Statutes, as amended and supplemented and as set forth in
Section 56.19.
Section 5. That Chapter 56, "Stormwater", is hereby amended
by enacting a new section 56.23, "Stormwater Assessment Process", to
read as follows:
56.23 Stormwater Assessment Process
(Al Public Hearing. The City shall hold a public hearing for
the following purposes in the order set forth below:
III Budget. Other than with respect to the initial budqet
which shall be determined in the manner set forth in Section 56.16, to
adoPt an operational budget for the System for each fiscal year to cover
the estimated costs of planning and constructinq additions, extensions
and improvements to the System; to cover the debt service requirements
for any obliqations issued by the City to finance or refinance
additions, extensions and improvements to the System; to establish
reserves for anticipated delinquent or uncollectible Stormwater
Management Assessments; and to cover the cost of operation and
maintenance of the System.
12l Rate Resolution. To adopt a rate resolution
incorporating a schedule of Stormwater Management Assessments, pursuant
to Section 56.16 upon the owners of all real property in the City, other
than non-assessed property. The rates established by the City each year
under the provisions of the rate resolution shall be sufficient to
provide monies for the purposes described in paraqraph IAlIIl. The C~ty
shall not establish rates over and above the rates that are necessary to
4
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comply with the provisions of paraqraph (A)(l) and the budqetary
requirements of any proceedinqs of the City heretofore or hereafter
adopted in connection with the issuance of any of its bonds, notes or
other evidence of indebtedness.
(3) Preparation of Stormwater Manaqement Assessment Roll.
Based upon the proposed rate resolution, the City shall prepare a
Stormwater Manaqement Assessment roll. Such Stormwater Manaqement
Assessment roll shall contain a summary description of each parcel of
real property within the City on or before the first day of the fiscal
year for which the Stormwater Manaqement Assessments are to be imposed,
the name and address of the owner of each parcel of real property, the
rate applicable to each parcel of real property as specified in the
proposed rate resolution and the amount of the Stormwater Manaqement
Assessments applicable to each parcel of property subiect to the
Stormwater Mana_ement Assessments. The summa descri tion of each
parcel of real property shall be in detail as to permit ready
identification of each parcel on the real property .-'cords. The
information specified above to be included in the Stormwat~r Manaqement
Assessment roll shall conform to that maintained by the property
appraiser on the real property records.
ill-H Certification and Adoption of Stormwater Manaqement
Assessment Ro~l. The City shall review the Stormwater Manaqement
Assessment roll to determine its conformity with the proposed rate
resolution. The City shall make such chanqes or additions as necessary
to conform such Stormwater Manaqement Assessment roll with the proposed
rate resolution. If upon the completion of such review, the City shall
be satisfied that the Stormwater Manaqement Assessment roll has been
prepared in conformity with the proposed rate resolution, it shall adopt
said resolution and ratify and confirm the Stormwater Manaqement
Assessment roll and certify that the Stormwater Manaqement Assessmef1:
roll is correct and proper and the is to be used in collectinq t
Stormwater Manaqement Assessments. If no ob1ections are made by perso.
affected by the assessment roll at the publiC hearinq, or if obiections
havinq been made, they shall be deemed insufficient by the City
Commission, the City Commission shall thereupon adopt the assessments as
shown by the assessment roll.
(5) Notice of Public Hearinq. Notice of said public hearing
shall be published in a newspaper of qeneral circulation in the City, at
least twenty ( 20) days prior to the date set for the public hearinq.
Proof of the publication shall be verified by affidavit of the publisher
of the newspaper and filed with the Clerk. The published notice shall
contain the name of the local qoverninq board, qeoqraphic depiction of
the property sub1ect to the assessment, the proposed schedule of the
assessment, the fact that the assessment will be collected by the tax
collector, and a statement that all affected property owners have the
riqht to appear at the public hearinq and the riqht to file written
ob1ections within twenty ( 20) days of the publication notice. Said
Public Hearinq may be continued to a date certain without the necessity
of further newspaper advertisement. The City shall in addition, adopt
such resolutions and conduct such hearinqs after proper notice, all as
may be required under Chapter 197, Florida Statutes, as amended and
supplemented, when the assessment is made pursuant to the Uniform Method
of Collection.
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ORD. NO. .35-93
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Section 6. That Chapter 56, "Stormwater", is hereby amended
by renumbering former Section 52.23, "Funding Sources", to Section
52.24, former Section 56.24, "Stormwater Management Enterprise Fund", to
Section 56.24, renumbering former Section 56.25, "Flooding; Liability"
to 56.26 and renumbering the index in front of Chapter 56 to include
said renumbering and to include any new section enacted pursuant to this
ordinance.
Section 7. That should any section or provision of this
ordinance or any portion thereof I any paragraph I 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 8. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 9. That this ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of I 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
6
ORC. NO. 35-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /71'1
SUBJECT: AGENDA ITEM i 10 D - MEETING OF APRIL 27. 1993
ORDINANCE NO. 36-93
DATE: April 23, 1993
This is the second reading of an ordinance which rezones property
presently zoned CBD (Central Business District) to CF (Community
Facilities) District to accommodate the construction of the City's
Master Booster Pump Station. The subject property is located at the
southwest corner of N.E. 4th Avenue and N.E. 3rd Street.
The Master Pump Station is listed as a mandatory need in the
Comprehensive Plan. The facility at this location will replace the
station currently located at Veteran's Park. This type of facility is
not listed. as a permitted use in the CBDj therefore, a change of
zoning is required. The most appropriate zoning district for this use
is CF.
The City Commission initiated this rezoning at its July 28, 1992
meeting. On August 17, 1992, the Planning and Zoning Board
recommended approval of the rezoning. Formal action by the Commission
was then deferred until such time as the City actually acquired the
property. This was acc9mplished by action of the Commission at the
March 23, 1993, regular meeting.
At the April 13th regular meeting, Ordinance No. 36-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 36-93 on second and final reading.
p~ 6-0
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ORDINANCE NO. 36-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED
AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE AND N.E.
3RD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DEL RAY BEACH, FLORIDA,
1990:; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
A portion of Block 90, L.R. Benjamin's Subdivision,
according to the Plat thereof recorded in Plat Book 12
at Page 18 of the Public Records of Palm Beach County,
Florida, and a portion of the Florida East Coast
Railway right-of-way as shown on Model Land Company's
Subdivision of Block 98, and that part of Block 90
lying east of the Florida East Coast Railway
right-of-way, Town of Delray Beach, Florida, according
to the plat thereof recorded in Plat Book 9 at Page 33
of the Public Records of Palm Beach County, Florida,
being more particularly described as follows:
Begin at the northeast corner of Lot 1, of said L.R.
Benjamin's Subdivision and run on an assumed bearing
of SOO 18'39"W. along the east line of Lots 1 , 2 and 3
for 137 00 feet; thence run N88 49'54"W. for 94.42
feet; thence N09 45'36"E. along a line 50.00 feet
westerly of as measured at right angles to the west
lines of said Lots 1, 2 and 3 for 138.54 feet; thence
S88 49'54"E. along the westerly extension of and north
line of said Lot 1, L.R. Benjamin's Subdivision for a
distance of 71.67 feet to the Point of Beginning.
The subject property is located at the southwest
corner of N.E. 4th Avenue and N.E. 3rd Street, Delray
Beach, Florida.
The above-described parcel contains 0.26 acres of
land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of. this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section I 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
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 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 , 1993.
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MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 36-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID T. HARDEN, CITY MANAGER
THRU:~~AJI~~
DEPARTMENT OF PLANNING AND ZONING
(~U.t -rnid"v
FROM: J ET MEEKS, PLANNER II
SUBJECT: MEETING OF AUGUST 25, 1992
ORDINANCE REZONING 0.26 ACRES FROM CBD (CENTRAL
BUSINESS TO CF (COMMUNITY FACILITY) FOR THE IN-LINE
MASTER PUMP STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance from CBD (Central
Business District) to CF (Community Facilities).
The property is located at the southwest corner of N.E. 4th
Avenue and N.E. 3rd Street.
BACKGROUND:
The City is currently negotiating the purchase of the subject
property for the construction of an In-Line Master Pump Station.
The master pump station is listed as a Mandatory need in the
Comprehensive Plan. The construction of this facility is needed
in order to accommodate new development based upon a level of
service standard deficiency.
This type of facility is not listed as a permitted use in the CBD
(Central Business District) , therefore, a change of zone is
required. The most appropriate zoning designation for the use is
CF (Community Facilities). The City Commission initiated this
rezoning at its July 28, 1992 meeting.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of August 17, 1992 and unanimously recommended approval of
the rezoning on a 5-0 vote (2 members absent).
.
I, !' , (
''i- IH
City Commission Documentation
Rezone of property from CBD to CF for the Mater Pump Station
Page 2
RECOMMENDED ACTION:
By motion, approve this ordinance on first reading to rezone
the subject property from CBD (Central Business District) to CF
(Community Facilities).
.
Attachment:
* P&Z Staff Report
.
PL '. r fir ~ING & ZONING BOARD
' A~\ii'4 ' ,
CITY OF DELRA Y Ba-ACH --- S . AFF REPORT ---
MEETINQ DATE: Aus;(ust 17, 1992
AGENDA ITEM: IILB.4.
ITEM: Rezoning from CBD to CF for Master Booster Station Site,
Southwest Corner of N.E. 4th Avenue & N.E. 3rd Street
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GENERAL DATA:
Owner.........................City of Delray Beach, Florida
Agent.........................William H. Greenwood
Director, Environmental Services
Location......................Southwest corner of NE 4th Street
and NE 3rd Avenue.
Property Size.................O.26 Acres
City Land Use Plan............Commerclal Core
Existing Zoning...............CeD (Central Business District)
Proposed Zoning...............CF (Community Facilities)
Adjacent Zoning........North: ceo
East: ceo
South: ceo
West: ceo
Existing Land Use.............Vacant, with a semi-improved
parking area.
Proposed Improvement..........Relocate main booster station for
the City's sewer system.
Water Service.................Existing 16" water main along NE
3rd Street and an existing 2" lIne
along NE 4th Avenue.
Sewer Service.................Existing 36" and 24" sanitary IILB.4.
sewer force mains along NE 3rd
5~!"eet.
..-
.
I T E M BEFORE THE BOA R 0 :
The item before the Board is that of making a recommendation on a
proposed rezoning from CBD (Central Business Center) to CF
(Community Facilities).
The subject property is located at the southwest corner of N.E.
4th Avenue and N.E. 3rd Street and contains approximately 0.26
acres.
BACKGROUND:
The subject property was originally platted in 1923 as part of
the Model Land company's subdivision. Lots 1,2 and 3 were
replatted in 1925 as part of the Benjamin's Subdivision. No other
development history has occurred on the site, except for an
off-site parking lot for the Elks Lodge located across N.E. 4th
Avenue.
The City is currently negotiating the purchase of the subject
property for the construc~ion of an in-line booster master pump
station. This pump station will eliminate the need for the
existing master lift station at Veteran's Park.
The City Commission initiated the change in zoning from CBD
(Central Business District) to CF (Community Facilities) at its
July 28, 1992 meeting. The petition is now before the board for
a recommendation.
D EVE LOP MEN T PRO P 0 S A L :
The development proposal is to remove the existing asphalt
and construct a 2,000 sq. ft. building. The building will
consist of a pump room, electrical room, emergency generator room
and a fuel storage area. A driveway will be provided from N.E.
3rd Street along with two parking spaces.
This type of facility is not listed as a permitted use in the CBD
zoning district, therefore, a change of zone is required. The
most appropriate zoing designation for the use is CF.
Z 0 N I N G A N A L Y S IS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings 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 be made by the
body which hal the authority to approve or deny the
development application. These findings relate to the
following four areal.
"
P&Z ~taff Report
Master Lift Statio.
Page 2
Future Land Use Map. The use structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The subject property is currently zoned CSO. The proposed CF
district is a special purpose zone district primarily intended
for facilities which serve public and semi-public needs.
Pursuant to Section 4.4.21(S}(1}, public utility facilities e.g.
lift stations are allowed as a permitted use.
The property has a Commeccial Core Land Use Plan designation.
Pursuant to Section 4.4.21(A}, the proposed zoning of CF
(Community Facilities) is deemed compatible with all land use
designations shown on the Future Land Use Map.
Concurrency: Facilitie. which are provided by, or through the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities .hall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposed facility is to operate mechanically, except for
routine maintenance. Therefore, the facility will not have an
impact on level of service standards.
Consistency: Compliance with the performance standards set forth
in Section 3.3.2, along with the required finding. in Section
2.4.5, shall be the basi. upon which a finding of overall
consistency is to be made. Other objective. and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consi.tency.
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:
B} Performance Standard 3.3.2{0} states. That the rezone shall
re.ul t in allowing land u.es which are deemed compatible
with adjacent and nearby land u.e both exi.ting and
proposed. or that if an incompatibility may occur, that
sufficient regulation. exist to properly mitigate adverse
impact. from the new u.e.
The surrounding zoning (north, south east and west) is CBD.
Directly west of the site is the FEC railroad, to the south is a
parking lot, to the north is industrial land use (sign company,
contractor) and to the east is a lodge.
The master pump station is to be enclosed in a concrete block
structure which will be heavily landscaped. Since the facility
will be operated mechanically there should be little or no
adverse impact on the surrounding land uses.
.
.
P&Z staff Report
Master Lift Statio.
Page 3
Construction on this parcel will diminish off-street parking for
the Lodge by approximately 14 spaces. To our knowledge there is
no legal tie between the Lodge and this off-site parking area.
Since Lodge activities are normally conducted in the evening
(when abundant on-street parking is available), the rezoning (and
subsequest development) should not be detrimental to existing
land use.
Comprehensive Plan Policies: A review of objectives and policies
of the adopted Comprehensiye Plan was conducted and the following
applicable policies are noted:
Capital Improvement Element:
Under the inventory section of the Capital Improvement Element,
the Master Lift Station is categorized as a Mandatory need.
Mandatory needs must be met in order to accommodate new
development based upon a level of service standard deficiency.
Policy A-I.3 The C1ty shall continue to use revenue bonds funded
by the water and sewer fund in order. to provide for the
reconstruction and upgrading of critical components of the water
and sewer systems.
Public Facility Element:
Ob1ective C-2: Upgrading of current sewer collection facilities
shall occur on an accelerated schedule and shall be funded through
a utility revenue bond.
* Under the Requirement for Capital Improvement
Implementation, a revenue bond in the amount of $22,000,000
has been issued to meet the needs identified in the Public
Facilities Element. The master lift station conversion has
been allocated $1,500,000.
LOR Compliance: Pursuant to Section 2.4.5 (D)(1), a
justification statement providing the reason for which the change
is being sought must accompany all rezoning requests. The code
further identifies certain valid reasons for approving the change
being sought. The.e reason. include the following:
1. That the zoning had previously been changed, or was
originally established, in error;
2. That there has been a change in circum.tance which
makes the current zoning inappropriate,
3. That the reque.ted zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
'.
P&Z Staff Report.
Master Lift Stati~..
Page 4
Pursuant to Section 2.4.5(d)(5), the City Commission is required
to make a finding that the petition will fulfill one of these
reasons:
A major criteria for the selection of the site, was that it be
located next to the 36" force main that leads to the South
Central Regional Plant. Three sites were selected which met
this criteria. Two of the sites were located in residential
areas, the third site which is located in the CBD zone district
was selected, as it would have the least impact on the
surrounding land uses. .
The applicable reason is "3" above, the requested zoning is based
upon circumstances particular to the site and/or neighborhood.
Also, that the CF zoning is of similar intensity as allowed under
the Future Land Use Map.
REV I E W B Y o THE R S :
Community Redevelopment Agency:
At its meeting of August 6th, the Community Redevelopment Agency
reviewed the petition and unanimously recommended approval for the
subject property to be rezoned from CBD (Central Business
District) to CF (Community Facilities).
Neighborhood Notice:
Formal public notice has been provided to property owners within a
500 ft. radius of the subject property.
ASS E SSM E R T A R D COR C L U S ION S :
The master lift station is listed as a mandatory need in the
Comprehensive Plan. The construction of the facility is needed in
order to accommodate new development based upon a level of
service standard deficiency. The subject property is the most
suitable location for the facility, however, the CBD zoning is
inappropriate for the proposed use. The requested zoning of CF
(Community Facility) is more appropriate based upon circumstances
particular to the site.
A L T ERN A T I V E ACT ION S :
A. Continue with direction.
B. Recommend that the City Commission approve the rezoning from
CBD (Central Business District) to CF (Community
Facilities).
C. Recommend denial with reasons stated.
.
P&Z Staff Report
Master Lift Static,..
Page 5
S T A F F R E COM MEN 0 A T ION :
By Motion, recommend that the City Commission approve the
rezoning from CBD (Central Business District) to CF (Community
Facilities).
.
Attachment:
* Location Map
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # I.;tA - MEETING OF APRIL 27, 1993
ORDINANCE NO. 38-93/INCREASE IN POLICE AND FIRE PENSION
BENEFITS FOR CURRENT RETIREES
DATE: APRIL 23, 1993
This is first reading of an ordinance which amends Chapter 33,
"Police and Fire Departments", Section 33.68, "Supplemental
Retirement Income and Minimum Benefit for Members who Retired
Prior to Certain Date", to provide a one-time five percent (5%)
increase in benefit levels to members and beneficiaries of
members who retired prior to October 1 , 1990, and to
retroactively provide increases to certain beneficiaries.
Based on direction received from the Commission and the fact that
the last change was for Police and Fire personnel who retired
prior to October 1, 1987, it appears to be appropriate to make
this change effective for Police and Fire personnel who retired
prior to October 1, 1990 as opposed to January 1, 1991, as had
previously been proposed (see former City Attorney's memo dated
March 5, 1993, attached) . The supplemental and minimum
retirement income provided for by this ordinance would be paid
effective April 1, 1993.
Recommend approval of Ordinance No. 38-93 on first reading. If
passed, second reading and public hearing to be held on May 11,
1993.
~ cudU~ ~-uJ11 199.3
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-- .-. ._- --- --
--.----
ORDINANCE NO. 38-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE ,;ND
FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME
AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO
CERTAIN DATE", TO PROVIDE INCREASES IN BENEFIT LEVELS
TO CURRENT RETIREES AND BENEFICIARIES AND TO
RE'PoROACTIVELY PROVIDE INCREASES TO CERTAIN
BENEFICIARIES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission had passed Ordinance No. 102-8-
on December 22, 1987; and,
WHEREAS, Ordinance No. 102-87 granted increases in retirement
income to members of the plan who had retired prior to October 1, 198-:;
and,
WHEREAS, it was the intent of Ordinance No. 102-87 that bo":!1
members and beneficiaries of members who had retired prior to October ,
. ,
1987, receive an increase in their benefit levels; and,
WHEREAS, the City of Delray Beach Police and Fire Board 0:
Trustees has actually authorized the increased payments to botn membe:::s
and beneficiaries of members who retired prior to October 1, 1987; anc.,
WHEREAS, the City Commission wishes to codify the intent 3.nd
practice of paying such increased amounts to beneficiaries of members
who retired prior to October 1, 1987; and,
WHEREAS, the City Commission and Police and Fire Board ~::
Trustees are desirous of granting further increases to present members
and beneficiaries of members who retired prior to October 1 , 1990.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departme:-,+:s" ,
Subheading "Pensions", Section 33.68, "Supplemental Retirement I ~ c ::):;,':
and Minimum Benefit for Members who Retired Prior to Certain Date", 0:
the Code of Ordinances of the City of Delray Beach, Florida, be, ar-a ~.. -
same is hereby amended as follows:
(A) Members and beneficiaries of members who ret~:--=:'i
prior to October 1, 1987, shall receive an increase in t:--.e 1 r
retirement income calculated in accordance with Sections 3J. f' 2
and 33.63, equal to two percent (2 %) for each year from +: h~~
date of the membe r ' s retirement through September 30, : 'j 8 - ;
however, all such members who retired prior to October c,
1987, shall receive retirement income of at least $200 ::.:-:::-
month. The supplemental and minimum retirement 1 nco:"'~
provided in this section shall be paid effective January 1 ,
1988. The supt'lemental retirement income provided lrl t~lS
section shall not be subject to the benefit offset conta L:-'.ej
in Section 33.62(E) (5) (e) and (E) (7) .
(B) Members and beneficiaries of members who retire:::
prior to October 1, 1990, shall receive an increase in t:--,e 1 r-
retirement income calculated in accordance with Sec. 33 . ~ 2,
33.63, 33.68(A), equal to five percent (5%) . The suppleme"tal
and minimum retirement income provided in this section shal.l
be paid effective April 1, 1993. The supplemental retirement
income provided in this section shall not be subject to tr.e
benefit offset contained in Section 33.62(E) (5) (e) and (E) (7) .
"
'"
.. ._.
--- ..--- ~ ------ --~ ~ -- - --~. -----
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
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 , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 38-93
f'r\l OF DELRAY Bt:RfH
~ . -i\'J<~ "'::~ " " ';ii,
'TORNEY'S OfFICE Writer's Direct Line
(407) 243-7092
MEMORANDUM
. ,
Date: March 5, 1993
To: David Harden, City Manager
From: Jeffrey S. Kurtz, City
Subject: Increase in Police and Benefits for
Current Retirees
Our office is finalizing the draft to the Police and Fire
Pension Plan that would allow current retirees a five percent
increase in benefit levels provided they had retired before
January 1, 1991. In addition, it is the intent of the
ordinance that this benefit increase be applicable to all
beneficiaries under the plan, not simply retirees. The
ordinance will also have the effect of implementing those
increases set forth in the 1988 amendment retroactively for
beneficiaries that were not members of the plan (retirees) as
has been discussed at the Pension Board and before City
Commission. This in fact was the practice. I anticipate that
the ordinance will be completed and be reviewed by Pension
Board counsel and thus available for distribution on Monday,
March 8, 1993.
The City Commission had requested that they be provided with a
listing of all current beneficiaries under the plan and the
amounts that said beneficiaries receive so that they can
determine whether the proposed increase in benefit level is
appropriate.
Should you have any questions regarding this matter, please do
not hesitate to contact our office.
JSK: j W
bar. eret.. j sk
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F!LE:PFCOL~
... CITy OF DELR~Y 9E~CH
POLICE & FIREF16HTERS PENSION L!STIHS
DATE OF DA TE OF SEt::YICE 1l0HTHLY
SS t NAI'lE BIRTH RETIRE/DISB YEARS BENEF IT
-------------------------------------------------------------------------------------------
, 262-76-5307 ,~NDREljS, JOHN 09-05-46 D - 11/01/89 16 H f 958.95
'~ 262-58-1351 BALDWIN, BENJAI'lIN 01/15/39 R - 03/01190 20 H ,4l1 . 20
" 094-3CHC25 BEAN, WILLIE FRANK 12/25/39 D - 11/01/81 12.9333 $I ,209, 84
4 196-34-2806 BERGUM, ALLE~ 07/24/44 D - 10/18/83 9.9167 $1,277.70
5 302-18-0061 B:~LINGS, CHESTER 0/28/26 R - 09/30/78 27.6667 $1,499,63
6 026-28-8664 BRADBURY, WAYNE I'l 07/01/37 D - 02/27/87 19.4167 $2,085.30
7 266-24-6701 BRA!LFORD, CLIFFORD 10f23f27 ~ - 02/13/81 24 $1,071.62
8 267-62-4226 BROOKS, LORENZO 09/09/42 R - 01/01191 '-''' Q 51,439.79
.4_ .
9 256-74-3219 BROWN, REDICK 02i22/47 D - 03-01-76 3,5833 57C/a.aS
10 262- 3\)-8272 BUCHAN, HOI'lER 05/06/27 o - 08/31 /74 18 $950.25
I' 364-20-0042 COOK, CLARENCE 10/07/:1 R - 02/25/77 30.5833 $1,583.35
d
12 261-07-9658 CROFT, R C 07/20/15 R - 05/01/72 34.3333 $974. 50
13 223-42-3957 DALTON, I'lARILYN lCHARLESIOS/21/36 o - 10/17/84 22.3333 $1,337.40
14 262-32-8268 FORT, THOMS 09/28/28 o - 05/01/76 29 $702.:5
'" 266-44-1574 GERNER, RAYPlONO 08/27/33 D - 08/31/81 14.8333 $905.54
l~
16 262-46-5728 SRAHTHAPl, I'lARY (JAI'lESl 01/24/13 R - 06'/!4!74 32.5 5753.35
17 262-34-1473 HELVENSTON, JAPlES 03/03/29 R - 04/25/81 17.5 $843.00
18 267-70-8745 HILL, EARKIS L OS/29/46 R - 11/01/92 18.5833 51,307.31
19 267-42-4622 HILL, WILLIAI'l 04/14/28 R - OS/23/80 13.3333 $892.24
20 264-54-3269 HORN, ROBERT L 10-06-38 R - 01/01/90 22.1667 $1,577. 30
21 328-34-6609 JACKSON, I'lICHAEL 09/13/41 D - 11/16/84 17.25 52,479.52
22 409-1)9-1830 JOHNSON, WIER 03/23/16 R - 04118/75 19.5 $641.33
"'f 044-18-9766 JOINER, I'lILDRED lLEWIS) 01/26/24 R - 02/07/76 22.3333 5S40.9b
~"
24 079-34-6936 KENNEDY, LINDA (JDHN) 10/08/41 D - 08/16/74 9.5 $716.10
2S 069-26-6850 KILGORE, CHARLES L 07/21/29 R - 11/01/90 31.5 $4,090.01
26 2b4-48-9SQQ ~AGINLEY, LESTROY 12/31/31 R - 03/31/85 15.0833 $1,226.66
27 266-82-9193 I'lALINONSKI, I'lICHAEL 09/24/48 D - 07/01/90 17.8333 $2,579.91
28 060-22-7539 "ICHAELS, DONALD C 12/30/28 R - 03/30/76 28.0833 $900.52
29 261-5b-3292 I'lICHAELS, HAROLD 01/23/32 II - 04/17/84 20.5 $1,882.13
30 402-44-5598 "OORE, FENTON 06/22/37 D - 11/15193 19 $1,519.90
"I 262-50-4342 NUBIN, THERON OS/Oll3S D - 05/01/82 14.5 $556.08
J.
32 266-90-6550 PALLER, DARLENE (GERALD) 12/13'48 D - 11/17/89 16.25 $1,200.02
33 2bO-68-6620 PITTI'lAN, BERNARD !; 7 ! 17/46 D - 01/01/90 9.9333 $1,924.02
34 150-48-4497 PRUSSER, BETTY (GENA L) !Of: 4/54 o - 10/19/88 8 $472. 22
35 009-01-5639 QUINN, JOSEPH 't, I' P 'i1Q R - 12/!)1/71 24.7 5574. 37
.. .'" J ... wI .~ I
36 267-60-9344 ROSEKE, WAVNE 1:) : 1.' 41 R - 07/31/87 23.6667 $1. 257.36
"" 263-52-2138 RUFFING, ROBERT :)5/07/40 o - 01/09/87 12.4167 $1,889.20
-.;1
38 190-32-9020 SCHILLER, ROBERT 11 '06/39 R - 11101/89 24.3333 $1,884.02
39 193-12-1772 SE"OSH, ALEX ')2;:7/24 R - 08/29/80 30.4167 $1,375.14
40 267-62-4592 SHEA, JAI'IES P ')8/25/40 R - 01101/90 ,,, $1,885.90
~-.;
41 196-52-2b99 SHINHOLT, RICHARD G 02/01/57 D - 05/01/92 6.5833 $2,324.77
42 364-22-8440 SLAGER, ROBERT 09/24/22 R - 02/23179 26 $1,234.07
43 2b5-56-3919 SPHTH, DENN I 5 ")5/26/39 D - 05/15/84 20.1b67 $2,377.30
44 261-66-6329 TWITTY, J J 10/12/4) R - 08/01192 24.25 $2,432.98
45 265-40-7477 WARD, BILLY JR (BILLV) :0/17/33 R - 04/30/81 20.1667 $394.56
46 583-90-4n4 WAUSH, I'f!CHAEL 05/1 0/57 D - 11/01/99 7.8333 $2,092.44
47 140-42-6812 ~AY, JON D 12/14/49 D - 01/01190 1b $1,892.64
FILE:PFCOLA
CITY OF DELQAY 9EACH
POLICE ~ -IREFIGHTERS PENSION ~ISTIN6
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SE i NAI'IE BIRTH RET:RE'DI5B YEARS BENEFIT
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~8 499-32-1513 WESB. DONALD O~/~)3!34 R - :2ii)1/3S "'''' $1,: t ~,4I
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''1 124-22-4746 W[CKERT\ 'RANCES (PAUL) 11!:~/29 R - ')4,30/81 ::.1667 $'1\0 ~,
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50 ?95-3B-2141) WONDRA, DENNIS 07/03/39 R - 01'01/00 22.1667 $1,%7.89
51 266-24-6952 WRIGHT, WIL.L:AI'l O:/10/~9 R - 02120/84 T.' $2,020. ~7
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52 262-29-1846 ZIE6LAR, FRE9€RICr 01/20/55 D - 08/01/90 11.8333 $2,328.33
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$75.276.48
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF APRIL 27, 1993
l1.A.1. The City Manager stated there was an inquiry about
changes to the east approach for left turns at Linton Boulevard
and Military Trail. Staff has checked the construction plansj
there are no intersection improvements associated with the
four-laning work to be between Military Trail and Jog Road.
Staff will contact the County Engineering Department with
respect to the timing of intersection improvements and also
inquire about the possibility of changes to the turn signal
phasing to allow more time for the left turn movement. Usually,
on requests of this type, it is quite awhile before we get a
response because they have to do some studies.
11.A.2. The City Manager stated Commissioner Randolph had
raised a concern about the traffic signal timing at West
Atlantic and 10th Avenues. Staff is now gathering field data
regarding the operations of this signal and should have some
additional information within a couple weeks.
11.A.3. The City Manager stated that the six-laning of
Atlantic Avenue, between Military Trail and Congress Avenue, has
been deferred until after October 1st. In asking that the City
seek inclusion of a right-turn lane from Homewood Boulevard on
to Atlantic Avenue, staff does not have any information at this
point that would indicate that an inclusive right-turn lane is
warranted. However, staff has reviewed the construction plans
to ensure that the construction will not interfere with adding a
right-turn lane in the future.
11.A.4. The City Manager stated there was a comment expressing
concern about an article in the newspaper with reference to a
$250.00 per day fine for a citizen who had not complied with the
City's code regulations. The City code does provide that the
Code Enforcement Board may impose fines not to exceed $250.00
per day, that is the maximum for non-compliance on initial
violations and up to $500.00 per day for repeat violations. The
City Commission, however, has requested the Board to consider
realistic fines that would not be compromised when compliance
was achieved and to use stronger incentives to discourage repeat
violations. A review of recent actions by the Code Enforcement
Board reveals that fines in the range of $10.00 to $25.00 per
week are actually being assessed and not $250.00 per day. The
Board is more concerned with obtaining compliance than it is
with assessing fines.
11.A.5. The City Manager stated there were also comments about
two different items:
1 ) The five year plan, which had been submitted to
the City by the Guardians, was received sometime in 1991. It
did lay out a number of goals. The City has achieved quite a
few of those goalsj while some of them are not really
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appropriate at this point. One goal was to hire a Black chief
or deputy chief. Staff does not feel that a deputy chief is
warranted. The emphasis is on down-sizing the upper level
management in the department to create a more cost effective
streamline operation. Testing and promotions were concerns,
whether they were fair or not. When Chief Overman came on board
the October 1991 promotional tests were delayed until the whole
testing procedure could be reviewed to ensure that it was
relevant and fair. The review board composition was changed to
include Blacks, Hispanics, and females. As a result of these
changes four promotions were made within the ensuing months.
One Black lieutenant and one Black Sergeant were among those
promoted. A Black officer currently stands as number one on
the Sergeant's promotion list should an opening occur. The
other thing requested was sensitivity training. Cultural
diversity and sensitivity training was held for the entire
department during August 1992. In our efforts to include this
type of training on a yearly basis, Sgt. McCullom, the training
officer, was sent to school to be certified as an instructor for
Cultural Diversity. An effort will be made to develop other
in-house instructors, through him, to conduct seminars on this
subject so that we have on-going training in this area. A
fourth request was for minorities to be included in specialized
units. We currently have minorities assigned to the Narcotics
Enforcement Section, the Metro Unit, TAC operations, the Entry
Team, Community Policing, Field Training Officer, Internal
Affairs, and Criminal Investigations. Those were all goals for
the first year, the second year goals included hiring more
minorities. During the time Chief Overman has been here we have
hired eight sworn officers, four have been minorities.
2) There was also reference to a letter from the
Department of Justice which made six suggestions for improvement
in the City. Four of those suggestions have been directly dealt
with. One was the citizen complaint procedure, a large part of
which was contained in the City's union contract. Staff did
modify those procedures when the contract was renegotiated. The
Police Department has a standing policy that all citizen
complaints concerning officer misconduct will be taken and
investigated. Training of all supervisors and managers has been
accomplished on this subject and staff has made significant
changes in format and recommendations in discipline procedures.
Cultural awareness training, promotion procedures, were also
suggested in this report. The City Manager provided the
Commission with a detailed written report on this matter.
11.A.6. The City Manager stated there was a citizen that was
concerned about drainage problems she had experienced on N.W.
10th Avenue. Staff did determine that at the time her car got
flooded out, the new drainage system in N.W. 10th Avenue was not
completed to the point where it would take care of the problem.
Staff believes that has now been accomplished.
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11.A.7. The City Manager stated Ms. Brown from Sunrise,
Florida, had commented about Officer James Cook being on
administrative leave and confined to his residence. When an
employee in the Police Department is placed on administrative
leave for which they are being paid, they are asked to be in the
residence, available where they can be contacted between 8 A.M.
and 5 P.M., Monday through Friday. They are being paid for 40
hours per week, so staff feels its reasonable to ask them to do
that. If they need to go somewhere or do something all they
have to do is call in. They will be given time off. They are
no more confined than anyone else who is working. It is not
unique to Delray and Mr. Cook is not the first employee to come
under this policy.
11. B. 1. William Andrews, 801 Palm Trail, stated he has an
office at 217 N.E. 4th Street and he understands the Commission
may have looked at widening N.E. 4th Street to four lanes. He
would like to go on record as being vehemently opposed to that.
He does not think the traffic count will ever warrant it. The
area is 85% close to build-out. The more traffic put on this
road the less desirable the area will become.
Mayor Lynch stated the Commission only agreed to go to 2nd
Avenue; so it would not go any further at this stage. The City
Manager interjected that the request was that it be extended to
Federal Highway. Staff was directed to put in a Comprehensive
Plan Amendment that will allow the City to extend N.E. 4th to
Federal Highway.
Mr. Andrews requested that he be notified when this item
comes before the Commission.
11.B.2. Alice Finst, 707 Place Tavant, stated the First Floor
Conference Room, in which the City Commission workshop meetings
are held, has an 40 person occupancy sign on the wall. Many
nights there are as many 65 or 70 people crowded into that room.
To alleviate the crowding situation, she suggests that the
tables along the sides of the wall be taken down, because people
are sitting on them; and, that the space around the wall be used
for chairs. If the 40 person occupancy limit is upheld, she
suggests that speakers be put in the hallway; or, that the
Commission reconsider having those meetings in that room when
there are discussion items which will draw a large number of
people.
Mayor Lynch stated he was at a County meeting and noticed
that the County Commission meets in Chambers with the table in
front of the gallery elevated several feet which places it on
an equal level with the Commission. He suggested the City
Manager explore doing something like that so the Chamber could
be used for workshop meetings.
11.B.3. Lillian Feldman, President Delray Breakfast Club,
requested clarification from the City Manager with regard to the
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Atlantic Avenue widening. She stated this project has been
postponed since 1989. She asked if there was something the City
could do about that. As she goes through Boca Raton, she sees
that roads are being taken care of i why can I t the City do
something about this.
The City stated this is a State project.
Mrs. Feldman stated she had previously mentioned the
Yucca plants in the median on Linton Boulevard, just before the
canal going east from Homewood Boulevard. To date nothing has
been done. Part of the plants were cut, however, they still
looks awful. The Yucca plants are overgrown and hanging over
the tie that is supposed to be holding them. She suggested that
the Yucca plants be removed and replaced with flowering trees.
11.B.4. Helen Coopersmith, 1222-D South Drive Way, stated
Barwick Road has been closed for various reasons, in conjunction
with the Middle School. There was no notification. She thinks
in the future, people need to be notified. She wanted to know
who was responsible.
The City Manager stated it was Palm Beach County.
Mrs. Coopersmith stated people are very concerned with
the same thing happening when Atlantic Avenue goes under
construction. She would like to know exactly when the
construction on Atlantic Avenue will occur.
The City Manager stated all we know at this point is
that the construction is deferred until after October 1st.
11.B.5. William J. Hegstrom, 225 N.E. 22nd Street, stated he
has a problem with the Notice of Nonconforming landscape that he
received from the City. He thinks that the ordinance has been
interpreted in such a way that he is being told to put in
hedges, trees, sod and irrigation. There is not much hedge,
because he does not want to trim it. When the Commission made
the ordinance the word screening was used, now it is being
interpreted as hedges. He wanted to register his objection. He
also stated the people in Community Improvement had been very
helpful.
Mayor Lynch stated someone from the Communi ty
Improvement Department would be in contact with Mr. Hegstrom.
11.B.6. Arthur Jackel, 784 N.W. 25th Avenue, state the $3.5
Million tennis complex is being paid for in large part, by
residents through a utility tax. From the beginning, we knew
the tennis complex had to used almost continuously by certain
events which show a profit in order to avoid an annual operating
deficit. It has been two months since the Virginia Slims
Tournament and a manager/promoter for the complex has not been
hired. He suggests a manager/promoter be hired now.
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13.A.1. Mr. Ellingsworth stated he received a memo from Mr.
Mouw concerning life support.
The City Manager stated he had seen the memo asking
why Boynton Beach was doing this and we were not. Boynton Beach
has two fire station, where we have five. They also have less
equipment. That is why the have a fire rating of five, while we
have a rating of three. They have three people already assigned
to every emergency medical service vehiclej while we have two.
If the City went into the transport business in Delray Beach the
City would have to staff all of those vehicles with an
additional person 24 hours a day. It would be very costly for
the City to do. He will write a response back to Mr. Mouw.
13.A.2. Mr. Randolph stated the Commission just passed on
first reading Ordinance No. 38-93, he failed to get the members
and beneficiaries who were retired prior to October 1990. Had
he caught this, he would have voted no on this ordinance.
13.A.3. Dr. Alperin did not have any comments.
13 .A. 4. Mrs. Smith commented that on the corner of Venetian
Drive and E. Atlantic Avenue there is a very dangerous turn.
She wants the light signalization there looked at. People
coming down Venetian Drive hitting Atlantic Avenue come around
the corner and pedestrians have a very difficult time getting
across the street in that period of time.
Mrs. Smith inquired when the beautification east of
the Atlantic Avenue bridge will take place.
The City Manager stated staff needs to start working
on designs fairly soonj but not do any work until after the
second half of the Decade of Excellence Bonds are sold.
Beautification would probably occur the summer of next year.
13.A.5. Mayor Lynch inquired if the City has the capacity to
draw up an in-house brochure of some of the things that have
happened in the City in the last couple of years, like sewer and
water projects, etc. Can we do something in-house that could be
passed out to people so that they can have a better
understanding of what is happening in the City.
Mayor Lynch stated he had several people call after
the article of some people who are living under the Linton
Bridge. Now that we are aware I staff should somehow address
this.
The City Manager stated his thought was to get with
the Homeless Coalition of Palm Beach County and work with them
to see if we can find a place for those people to stay.
13.B.l. The City Attorney did not have any comments.
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13. C. 1. The City Manager did not have any Comments.
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