05-04-93 Special/Workshop
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'CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
SPECIAL/WORKSHOP MEETING - MAY 4. 1993 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA
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.
Pursuant to Section 3.07 of the City Charter of the City of Delray
Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you
of a Special Meeting of the Commission to be held in the Commission
Chambers at 6 P.M. on Tuesday, May 4, 1993.
This meeting has been called for the purpose of considering the
following:
1. / Termination of contract with Dees Contracting, Inc.
fltøn ff)a~ Ji¥ lIoq
Alison MacGregor Harty
City Clerk
WORKSHOP AGENDA
/1. Neighborhood Task Team Items:
A. Prohibiting Parking on Front Lawns.
B. Minimum Standards and Requirements for Designated Parking
Areas for Single Family and Duplex residences.
C. Minimum Landscape Requirements for Existing Single Family
and Duplex residences constructed prior to October, 1990.
/2. Lake Ida Road (Congress to Military) Landscaping.
v"3. Environmental Land Management (ELMS) Bill.
4 . Discussion regarding selection of nominee (elected official) to
serve as a member of the Florida League of Cities Board of
Directors representing the Palm Beach County Municipal League.
S . Commission Comments.
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CITY OF DEL RAY BEACH. FLORIDA - CITY COMMISSION
SPECIAL/WORSHOP MEETING - MAY 4. 1993 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE:
./2. Award of bid to Southern Bleacher Company in the amount of
$81,700 for repair of storm damage to the Tennis Stadiumj with
funding from Property Claims (Account No. 551-1575-591-45.50jBalance:
$30,000) and CRA loan 'repayment.
"
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM i .st>/, - MEETING OF MAY 4. 1993
TERMINATION OF CONTRACT WITH DEES CONTRACTING. INC.
DATE: April 30, 1993
At the April 27, 1993 regular meeting, staff requested this item be
removed from the agenda to allow further negotiations with Dees
Contracting. Attached as backup material for this item is a staff
report which details the results of those negotiation. Staff
recommends that the Commission:
1. Terminate the contract and notify the bonding company.
2 . Not pay Pay Request #12 until direction is received from the
bonding company or pay only for accepted and approved work.
3. Work with the bonding company to acquire a contractor to
complete the work on the tank.
Recommend termination of the contract with Dees Contracting, Inc.
.,
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: SUSAN RUBY
CITY ATTORNEY
DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD ~4~
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E.~
CITY ENGINEER
DATE: APRIL 30, 1993
SUBJECT: ELEVATED STORAGE TANK, DEES CONSTRACTING
PROJECT NO. 90-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Mr. Greenwood and I have had several meetings with Mr. James Dees
and Mr. Alan Nagy of Dees Contracting this week. I have tried to
clear up several items to keep this project moving towards a
satisfactory completion. In conclusion of these meetings Dees
Contracting is requiring the following:
1. Pay request #12 (copy attached) paid in full by
close of business on Friday 4/30/93. If paid,
James Dees will continue work on the tank and
plans to be complete in 24 working days except for
weather delays and holidays. James Dees will
personally act as project superintendent.
2. Contractor is requiring additional funds for work
he says he was required to do. In summary they
are as follows:
a) Seam sealing sidewalls of the
Tank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,500.
b) Delays caused by the inspector ..... 6,300.
c) Extra work to remove caulking below.
high water line .................. 5,200.
d) Extra work required by inspector
because of paint delamination .... 3.750.
$ 38.750.
1 or 4
-.
- .
The Contractor stated that he would cut this price in half
provided he is paid in full on Fridays. They require a response
to this by May 12, 1993.
Our comments on these items are as follows:
1. Several items on pay request #12 are satisfactory
and several items are not. The major
discrepancies are the blast and recoating all
rivet seams in the tank (Tank Interior Item #1)
and the tightening and replacing of the sway rods
(structural Item #3).
The inspector has indicated that there are
numerous deficiencies such as rust spots on the
rivets and the Contractor has significant work
remaining on this pay item. The inspector feels
that no additional payment should be made. The
Contractor is demanding 100% payment less
retainage or approximately $ 6,136.00 for this
line item.
In regards to the tightening of the sway rods the
Contractor is demanding payment in the amount of
$500/rod for tightening and $1,000/rod for
replacement. These prices were renegoiated by
Jeff Kurtz down to $425/rod for tightening and
$500/rod for replacement. The Contractor,
invoiced us, and was paid at these negotiated
prices. The Contractor is now requiring an
additional $9,400. It is staff's recommendation
that these demands be rejected.
2. a) The Contractor says he only quoted to seam
seal the bottom of the tank and not the tank
walls. It is staff's recommendations that
these items be rejected because the
Contractor was paid to seam seal the tank in
the original contract, paid for additional
seam sealing in the change order and we feel
additional payments are totally unacceptable.
b) Delays caused by the inspector are in staff's
opinion unfounded. There has been no
superintendent employed by Dees for the
majority of the work and basically the
subcontractors were left to themselves. The
inspector was enforcing the contract
documents and specifications and Dees made
little effort to resolve inspection issues in
a timely manner.
2 of 4
.,
c) The charges of removing the caulking below
the high water are in staff's opinion
unfounded. Dees claims that he was told to
caulk to a certain level in the tank by a
Consultant during the study of the tank.
specifications call for caulking to the high
water line. It is staff's opinion that
determining the location of the high water is
fundamental in tank work and we only have the
Contractor's word on this.
d) Extra charges because of delamination may
have merit however, the Contractor during the
sway rod work caused significant damage to
tank because of his lack of precautions to
protect the tank. If the Contractor feels he
is entitled to extra money he should submit
specific details and justifications. The
Contractor stated he did all this work
because the inspector made him do it.
We feel we have made a good faith effort to reach an agreement
with Dees contracting. Dees demands ,are unacceptable and staff
feels an agreement cannot be reached. Therefore, we recommend
the following:
1. Bring this issue before Commission to terminate
Dees contract and notify the bonding company.
2. Not pay Pay Request #12 until we have received
direction from the bonding company or only pay
accepted and approved work.
3. Advise Dees of our intentions so they won't incur
additional project cost.
4. a. Take steps in conjunction with the bonding
company to acquire a Contractor to complete
the required work so the tank can be placed
in service as soon as possible.
b. Evaluate the amount of work remaining and the
.ci ty will use the monies remaining in Dee's
contract to subsidize the monies needed to
finish the work utilizing a new Contractor.
This Contractor would be working directly for
the City. These quotes could be obtained by
staff for this work.
3 of 3
'.
5. One last consideration: is the additional costs
being requested by Dees, which we feel are not
justified/worth bringing this issue to litigation?
We request this issue be placed before Commission for action at
their work shop meeting on May 4, 1993. Enclosed is a copy of
the letter from Post, Buckly, Schuh and Jernigan dated April 23,
1993 as additional information.
REH:kt
File: Memos to city Attorney's Office
90-01 (D)
RHSR9001.KT
4 of 4
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, " City of Delray ~each, Florida CPr.oject ~9. 91-2~) PO#503405
'"' Dees çontracting Co., Inc.' (OItnU) ~n.4 October 1 J 1991 -
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9123pro2 rev. 03123192 DELRAV BEACH ELEYATED WATEP. STORAGE rAN~ REHAB
wgt. PdC!! ,..,Co.pIeh.., .
X(qty S ilount
__w___. _~__.._____ _~__ ___.____.P_
Itel I, Tank Exterior
al SfU & Pressure wash A 4,49 11,340. (1(1 1001 11,340.00
a2 SSPC-6 Sandblast A 7.93 2Q,040.00 IOOX 20,040.00
a3 Pri." urethane A 3.06 7,740,00 IMY. 7,740.00
a4 Inter.ed.,epoxy polyalid A 1.96 4,')40.00 100X 4,940,()0
a5 Top coat,acr,poly.enalel A 2.35 5,940,00 1007. S,940.00
Lu~p SUI Rapairsl
bl Regrout riser base A 0.04 95.00 1(10X 95.00
b2 Repl.an,hor nut J 0.02 55.00 1001. 55.00
bJ Repack valve at ri.er A 0.19 479.00 1007- 478.00
b4 Strut Hþl.UP to (11) J ],94 20,01)5.00 1001. 20,O¡;5,(lO
bS Repl.fQds belQ~ bowl J 5.11) 13,030.00 lOOt 13,030.00
b6 Repair float guage J 0.44 1,120.00 100X I, t 20.00
b7 Repl,safe.device clamp J 0,12 300.00 100X 300.00
be Repl. 50sf ba1çony floor J 0.00 0.00 1007- 0.00
b~ R~pl.do.ecap nuts/bolts J 0.01 20,00 100X 20.00
bl0 Repl.entrance hatth .J 0.71 1,190,M 100'1. 1,790.M
bll Repl.finial bolts J 0.02 52.00 1001. 52.00
bl2 Rep1.bolt&-d,(ap·to~roof J 0.12 295.00 10Q7. 295,00
p~----- _.~-------- --..---....----
Subtotal 34,55 87,300.00 87,300.00
Chinge Order II
at S/U ~ PrøS5ure waih A -4,49 -11,340.00 IQ~~ -11,340.00
Water blast A 3.96 10,000,00 100~ 10,000.00
a2 SSPC·6 Sandblast A -1.93 -20,040,Ov 100Y. -20,040,00
SSPC-6 spot blait rust A 6,65 16,800.00 IOOX 16,800.00
a3 Prile, ur!thane A -3.01) -7,740.00 1007. -7,740,00
Surfa,e-to1!rant priaer A 2.95 7,200,00 10Q~ 7,200.00
;14 Inter.ed.,epoxy polya.id A -1,% -4,940.00 10(\% -4,940.00
Universal letal prillr A I. 98 5,000.00 1007. 5,000.00
a5 T~p ,o;lt,acr.poly.enamel A -2.35 -5,940.00 1001 -5,940.00
H-a Polyurethane A 2.30 5,800.00 I {\OX 5,800.00
~---- ----------- ..-------........
Hf Subtotal Bel I 32,50 62,100.00 92,100.00
Ite. 2, Tank Interior
cl SIU, Scrape' Wash 5 3.95 9,995,00 1 MY. g,9B5,OO
~2 91ast ~ 5.26' 13,2~O.QQ 1007. 13,2~0.OO
c3 Wash ~ inspect S 2.63 6,650.00 1001. 6,650.00
,4 Blast & Pri.e S 7.89 19,925.00 1001- 19,925.00
cS Intermed, , Top Coats S 3.~4 9,950.00 1001. 9,950,00
----- ----_.~---- -----------
Ut Subtotal ltel 2 23.67 59,900.00 59,800.00 ,
'.
II::L ~~o: **118 P04
\/gt. Pr ice II II Co.p, Ith . II
X(qty $ allount
_______ .w...______ ___. _.~._______
Ite. 3, Repair Allowance 19.79 50,000.00
Ite.s In original bid: Day£ qty "ea
_.- --- ---...-.
111 Strut replaevI8nt > 10 (ea. ) 22 1100,QO 24,200.00 2200X 24,200.00
d2 Repl.bale.floor > 50sf (lsf) 0 70.00 0.00 01 0.00
d3 Hise, fillet weld (/1 f) 0 14.50 0.00 01 0.00
d4 Weld pinholes (III. ) ~ 35.00 315,00 900X 315.00
d5 Rivet repltctleht (ea. ) 0 70,00 0,00 Of. 0.00
d6 Rtpl.lisc.(itrut)bolts (ea.) 0 60.00 0.00 OX 0.00
~_~__ ___._~w.~_ -_.................-
HI Subtotal It~. 3 .llow.usedl 24,515.00 24,515.00
Itl A.ount ~rt fro ~rig, bid1 25,485.00
It@1 4, Protection
.1 Co.plett shrouding 12,500.00 IOQ~ 12,500.00
e2 Protllt cellular Iquip. 12,50~.OO 1001 12,5/)/),00
.-....------ ...---------
Subtotal Or19. It,. 4 25,000.00 25,000.00
Change Order 11
Reduction for shrouding -J2.500.00 10~X ·12,500.00
...---- --------... ---------..-
.u Subtotal Hel 4 4.95 12,500.00 12,500,00
Itel 5, Exter. Disposal
f1 Hazardou~ .atfrial 24,000.00 100X 24,000.00
Change Order II
Reduction for spotbl~st -12OOO,O~ 100Y. -12,000,00
------- _._._~.---- -..-----..---
tff SubtQtal Hell 5 4.75 12,000.00 12,000.00
Itel 6, In~ørior Di5p9¡al
fH 91 Ha.ardous laterial 5.15 13,000,00 100~ 13,000.00
Chinge Order II, ildd'l,ItQ.
fff Add for OSHA/EPA 9.20 23,250,00 loot 23,250.00
_._~___ _____w..___ --_.....,.....""-
Project T~tals incl. Changeorder II: 100.00 252,650.00 227,165.00
----.... ##S!I!ls..:s:== _==ate!!;c:::
89,9>:
Addition.1 lie. 3 Repairs Add qty ~/ea . .. . COlpleh... .
appro~ed 1Q/14/91 letterl Days $ aaount I(qty S a_ount
___ ww- _______ w_______~__ __aft ______4____
Itee 3 $ left frol orig,$50,OOO -25,495,00
11 Replace hatch curb (15.) 1 1 29~,f)O 290.M 100% 29Q.00
12 Rework up./int. ladder (1!i.) 1 1 725.00 725.00 100~ 725.00
13 Repl,cap vI vent (15,) ~ I B975.0Q 8,975.00 100Y, 7,975.00
14 Wing plate behind strut (ea. ) 0 435,00 0.00 0% 0,00
15 Repl.kurnbuckles (ea. ) ° 725.00 0.00 Or. 0.00
16 Repl,tie rod pin5 (ea.) 0 0 475.00 0,00 0% ~.OO
17 Tighten rods (eoJ,) 2 2 IQO.75 217.50 2007- 217,50
18 Install ladd,r cage Hs,) 10 1 7250.00 7,250.00 100X 7,250.00
19 Repair riser connect, (15.) I I 725.00 725,00 1001. 725.00
C~ul~ eye connections (ea,) 0 75.8(1 0.00 0.00
Paint base pedestals (Is.) 1 1325.00 1,325.00 100% 1,325.1)0
Sodding (City Portion) (Is.) 1 850, 00 850.00 IOOY, B50.oo
Brass S~fity clilb (l s,) I 365.00 3G5.00 100Y. 365,00
Clean cars due to oversp C1 s.) 1 -435&.04 -4,356.04 100% -4,356.04
Additional Itel 3 Repairs
approved Changporder '2:
III Re.ov! int.spider rods (15,) 3 I &800.00 6,900,00 100~ 5,900.00
.2 6' piping ~ valve and
81,& p, 16'in pit Os,) 10 1 12600.00 12,600.00 1007- 12,600.00
Øl3 rurn , inst 'safety elilb' 2 I ~974. 00 5,974,00 lOOt 5,974.00
114 Polyur,caulk eye connect's 0 0 75.80 0.00 OX 0.00
--- .....-------- ....----....---
Subtotal 43 16,255.4£1 39,740.46
Credits to Original Contract
b7 Repl.5afe.devic! clalp -300.00 100X -300,00
be Repl. 50sf balcony floor -500.00 tOox -500.00
b9 Repl.dollecap nuts/bolts -315.00 1001. -315.00
bl1 Repl.tinial bolts -52.00 1007- -52,00
gl Interior non-lead -13,000,00 1001 -13,000,00
---------.... .........------
Tota) Creditsl -14,1f17.00 -14, 1~7.00
Net add' I, work/creditsl $2,088.46 125,573.46
SCHEDULE -B'
TANK EXTERIOR
1 Caulk ,II svay end connections (u. ) 160 48.QO 7,G90.00 159 7,632.00
2 T~uch-up all 5por~dic area' of
coating failure on tower. Os. ) o 8000,00 2,400.00 BOl 1,920.00
3 Blast and coat ru~tlng painter
rods under tank bow) warrant vor~
4 Blast all rusted areas and coat
tank bovl, Caulk ¡round severe-
ly corroded rivets after prile. (] s.) 1 3600.00 3,GOO.OO
5 Power tool clean ~ touch-up areaS
of breakdown on balcony, hand-
rails and tank shell, included in itell 2 above
6 pover tool clean ladder and cage included in itel 2 above
TANK INTERIOR
1 Blast and recoat all rivet seals
in tank (1 s.) 1 13636.00 13,63~.OO 100% 13,636.00
2 81iit entire lover bo~l sectlQn ~arranty \/ork
,
las' Sial seal, by by city -20&.97
3 'Bru_h-blast entire tank intorior
surface' recoat wh,r, not blasted!ls,) 1 3J50.00 3,150.00 ~~X 2,041,S()
4 COlpletøly blast L recoat the ri~IT
inter íor \oIilrranty wor~
5 S,al seal all riv.ts . riv.t s'als
to the high water .ark 115. } I 53'0.00 5,390,00 95'£ 5,120.50
Eo Caulk all lap seaas ¡bOVI the high
w¡t.r line' structural st,.1 in
th, rool arei! (15. ) I ~200.00 5,200,00 1007. 5,200.00
7 Bla~t ~ recoat all tank It riser
I adder 51
a. Riser laddar var r anty wor k
b. Replacl int.rior tank ladder
and repilint per TEAK r,co..@nd. (15,) I 3500.00 3,500.00 50~ 1,750.00
STRUCTURAL
1 Repl. l@vlI indicator pulleys (l I.) 1 129£1.00 1,29&,00 0.00 0.00
2 Relocate lower ladder section under
upper section on tank shIll. Con-
nect çtring.rs . insurl equal dis-
tance between rungs. R,lovt trucks
Iró. upper ladder section. Add
safety cli.b to this ladder sect, (15,) 1 3700.00 3,700.00 95:( 3,513.00
3 Tighten/Replace svay(connlctor)rods
a, Tighten rods (ea,) 72 500.00 36,~O~.M 72 3&,000.00
b. Rep1au rods (!a.) e 1000.00 8,000.00 8 8,000.00
4 Contingency allo~anc~ for furthlf
unforeseen structural repairs
identified (is. ) 1 10000.00 10,OOQ.00
...__wr..-..____ -----------.
1()J,552.()O 84,614.13
2,088.46
Hey project totali incl, Changeord!rsl S358,290.46 S339, 441. 05
..sss::==== =~==:==Qc..;;
t Coaphtion: 94.n
88.46
.
.
... [ITV DF DELRA' BEA[H
. . ~ .-< ~ ." --- .
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 Contracting, 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
THE E¡::¡::ORT Al,'¡;"Y':) M~TTERS CJG
"
,
~ ¡IT' DF DELRA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . .,
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
terminat~. 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
"
[I" DF DELHA' BEA[H
April 27, 1993
100 N,W. 1st AVENUE . DELRAY 3E_.....(~H :..~ '>-~ ~ì;' .,.,";.:..1 . "
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 Conàitions of the Contract.
dated October 4, 1991 between the City of Delray Beach, Florida
and Dees Contracting, I nc . , 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
"
~b\l bl;tb~&J LV~r,AUM\. -t-¿J-~J ;11;~1A.\l . '·ULL1\..:1 ¡ .
.
. . .
- PBSJ ~~. [NGI"lllRlNG
BUCKLEY. :"lAI'-'"\.!:..1(,
SCHUH &.
JERNIGAN. INC.
April 23, 1993 Post·lt'" brand fax transmittal memo 7671 ~ of 1)80" .3
To ~A~PH HA'10ëN 'rom ~\ c.. H
CO'Clí'1 Or O~I.M, ,.-.1'4 Ca. ÿG S ,. "J"
Mr. Ralph Hayden, P.E. Dep,. Co I r.., e-w(,,J~,.. Phon ~;)~4;.;z;:r
Fax' 4c; 2+-:J-7Q60 F...,
City Engineer .
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 Garry Pettriess, PBS&J's inspection subcDnsultant, regarding the subject
project. Mr. Pettriess has been on the site beginning Apri121, 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, Ine" has on several occasions been notified of non-compliance with the contract
documents and it appears that this non-compliance is continuing,
Some of the.~eficiencies that bave 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 ßÙUage buildup.
2. At angles and plate edges throughout the tank excessive nùlJage is causing mud
cracking.
3. There are areas where bare steel is exposed WI 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.
S. 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. Dees and 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.
1560 ORANGE ^VENut. SUiTt 700, WINTER r...RJC., FlOIUD^ 31789-S'>44 . TUEPHON[, 407/647-7215
'.
,:,tA¡ tJ! ¡-'b)~'iJ LVí'(l. :m\11:". ; -i-¿J-tJJ ;11·¿:::._,.
~ .
~ .. -
., 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 rusting 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.
8. Tht:rp. is a 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 several clear good painting days in the
past.
-
'-,
11, The Contractor has significantly gone over the contract time. The Contractor is not
taking a pro-acdve: rule: tv e:Avçdit~ (ompletioft of hi!; work.
12. The Contractor bas 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 aU of the above, PBS&J and our subconsultant, S. G. Pinney and Associates, Inc.,
recommend that the City discharge the Contractur by written actiun ¡s,nd notify the
Contractor's bonding company with written return receipt requested notice of the
Contractor'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: the work, the City should insist thot any painters or others employed to
complete the work be approved by the City prior to starting work.
rm
'.'
,...,11_ , .I..,J.. 1 U...JU\J \..VH.... .UJ.~j 1.". . -.I. _~ 1../1.-' . ~.£. _'-.....
- .." " .....'"""'-"......~ 1_'.. _~""'_~
- . .... ~....
Mr. RaJph 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 duûes on this project.
.
If you have any questions, let me know.
Very truly yours, ~
>:?~'C ¿ -J .,...1
J. Richard Voorhees, P.E.
Project Manager
c: W, H. Greenwood, City of Delray Beach
L. D. Vincent, S. G. Pinney and Associates. Jne.
W, R. Karasiewicz, P.E., PBs&J
JRV¡dpjLEH'J.J9J.N1
---
'-
lm
.,
,
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
SPECIAL/WORSHOP MEETING - MAY 4. 1993 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE:
2. Award of bid to Southern Bleacher Company in the amount of
$81,700 for repair of storm damage to the - Tenni s Stadiumj with
funding from Property Claims (Account No. 551-1575-591-45.50jBalance:
$30,000) and CRA loan -repayment.
'.
- . , -
BLEACHER COMPANY
Eltablishcd 1946
P.Q, BOX ONE GRAHAM, TEXAS ,"SO .
CALL TOLL FREE 800/433-0912 / IN TEXAS 811/549-0733
FAX: 817/S49·1g65
May 3, 1993 RECEIVED
Digby, Bridges, Marsh & Associates NAY 4' 1993
124 N. E. Fifth Avenue
Delray Beach, Florida 33483
Re: Delray Beach Tennis Repair DIOaV BRIDGES, MARSH & ASSOC
Dear Digby: .
The following i. a more detailed breakdown of the
repair items per ,your request.
\ '
1. Remove estimated 11,000 feet of aluminum plank
and guardrail material, 310 seat and step
supports, 45 aisle rails, 200 chair support arms
and 200 plastic inserts.
815.000.00
2. Install new material and existing material ' .'
undamaged in item 1 above. _I. . . ...\. ,I... ::~ I ...... . ..,.
.I.1LOOO.OO
3. New Materials -- 7,500 lineal feet of new seats,
backrests, risers, walkwayø, rails and 310 new
seat-backrest supports. One hundred CS200 green
chairs.
Jt8.700.00
Total -----~~-------~--------~------------ '81.700.00
Sohedule as follows I
Material on site -------------- 6-8 weeks A.R.O.
Installation ------- 3-4 atter material arrives.
Sincerely, ,
SOOTllBD Br..~ CONP.UfY
~ Cfy/L 91:7;it- .
Glenn McNatt - -
Sale. Representative
GM:ch A.LcAu~ Ño. 551..../575.....5'11-'+5. So Pnøp~~ W'h5
~ ~~E- i- 3C!> C::Dc> ~ $ 'To S\JPP ~~ ÎD
~ J +81,.-,::0.
Grandstands - Bleachers - Stadiums c;:ø C;J ~/S3
,
,
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: DISCUSSION OF PROPOSED NEW ORDINANCES FROM
- - -
NEIGHBORHOOD TASK TEAM
--
DATE: APRIL 29, 1993
ITEM BEFORE THE COMMISSION:
- -
Presentation by Neighborhood Task Team (NTT) designated persons
regarding proposed ordinances directed at creating quality living
environments in residential neighborhoods.
BACKGROUND:
The Chairman of the NTT, Dave Henninger, gave a background and
historic review of the NTT goals and objectives to the Commission
a t the March 2, 1993 workshop. He a Iso gave a summary review 0 f
new ordinances directed at overcrowded conditions, landscape
requirements for existing single family units, prohibiting
parking on front lawns and swales through residential
neighborhoods in the Ci ty. A number of ci tizens present voiced
concerns on the new code requirements and existing code
enforcement efforts, stating both create economic hardships to
many citizens.
By consensus, NTT agreed to withdraw their proposed ordinance on
the definition of family, limiting the number of unrelated
persons allowed to live together. The City Commission gave their
comments and direction for the remaining new ordinances.
Chairman Henninger requested permission from the Commission to
have the Task Team revisit these items, without the assistance of
staff and bring their final recommendation back at a later
workshop meeting.
Task Team members will, therefore, present for discussion to the
Commission their recomendations to consider directing staff to
develop three (3) new ordinances as follows: (1) Prohibit Parking
on Front Lawns; (2) Minimum Standards and Requirements for
Designated Parking Area for all Single & Duplex Family
Residences; (3) Minimum Landscape Requirements for Existing
Single Family and Duplex Residences Constructed prior to October,
1990. A copy of each is attached for your reference.
RECOMMENDATION:
City Commission consideration and direction. Staff has not done
a review of the proposed ordinances.
LB:DQ
Attachments
93MemLB WS/' (
Ord.Ntt
"
.
To: Mr. David Harden, Delray Beach City ManaQer
Delray Beach City Commissioners
From: Neighborhood Task Team
Date: April 30, 1993
,
On April 8, 1993, our Neighborhood Task Team reviewed a report from
our Swale Improvement Committee. They had met with the Department
head of Environmental Services and had received alot of imformation .
regarding this issue. It was concluded that a Swale Improvement
Program would be both extensive and expensive and well beyond any
effort that the NTT could make.
Yet, the consensus of our members stonglY believe that the City of
Delray move forward with a small demonstration project that would
use the three Swale Improvement examples as shown on the enclosed
attachment. In this way City staff, officials, and the taxpayers
would have an opportunity to judge the effect and success of each
type of improvement.
- .
Furthermore, your NTT voted to encourage the City to use the South
Swinton Super Block concept as the location for this Swale Improve-
ment project. This location for the Super Block was endorsed by
the original NTT'several years ago and we believe it would coincide
well with theupcominq Beautification Project which is in need of
additional funding.
The funding source for this Swale Improvement Project could be from
Community Development Block Grant funds. This project seems to
fall within the criteria of "removing blighted conditions" within
the Target Area. If this does not fall w~thin the 9dtdelines for
CDBG funds, we would like to urge the City to look f her into other
funding sources for this Swale Improvement Project.
CDBG funds should also be considered for other improvements to this
Super Block and Swinton Avenue. Suggestions have been made regard-
ing not only swales, but also driveway apron repair, roadway repairs,
and curbing.
The Neiqhborhood Task Team believes it is very important that the
swale areas within our neighborhoods be improved. Such attention
by the City would encourage pride in ownership and help prevent
further·&liqht. .
/
South Swinton Avenue is an excellent location in which to Set The
Example.
Thank yOU for your consideration.
. .
.,
- 6<:>0 -700 p.,-- ,J í¥-T"H
. .
. 6" STABILIZED SHOULDER 6" STABILIZED SHOULDER
. .
. W/ SEED AND MULCH COVER W/ SOD COVER
(CUTEWHC CUDI . 0.") (CCKTEI1.IIIZ CWI . U')
t' 8' S'w'ALE 8' SVALE
1
r
.
f . . .
" ' . ,. .
. , . , , .
.;. .. ¡.... 00';' ," I: ,:. .0 .}.... 0° .;....... I:
.#'. .. '. ' . . '. . ....
, , "
. . .
............ .. . .. ............ ..
"t" . "roo .
.' STAlLlln IIIV..IIOI .. .... ........ " ITAlIUX' IMU.XII .. .... ......
'" ._ FM .....~~~ cse .. FlY) .....~~
IAI£
Ir s,"JlUsn Jr ".'I«.IIU
SU-....: ..........
ESTIMATED COST ESTIMATED COST
ITEM UNIT PRICI QUANTITY COST mw UNIT PRICE QUANTITY' CCSi
SEED Ie MULCH S.Y. to.76 1,610 $1,207.50 SOD S.Y. 11.75 I.IUO $2,817.50
STABIUZED SHOULDER s.y, 2.25 1,610 3,622.50 STABIUZED SIIOULDER S.Y, 2.25 1,810 3,622.50
TOTAL *,,830.00 TOTAL '6,H~,OO
6" STABILIZED LIME SLUDGE 4" TERRA CELL !II GEOGRID
" W/ SOD COVER W/ SOD COVER
(CIH'I'IIIUHI OJWII . 0.") (tIJITDUJII ca&H . ....)
8' S'JALE 8' S'JALE .j ~1
"'YÐCJf
..,.
1
., f
., -.. _.. 1
,.-..-.. -
"Loo .
" "AlLIIn LIIIt su.-.: .. .... ........
IS .. FlY) ... ..~~
II' ttAlIUZS:'
.....
ESTIMATED COST ESTIMATED COST
m:w tooT PRlCI qUAHTI1T COST mil UNIT PRICE quAHTJ'I'Y COST
SOD S.Y. '1.'75 Ul0 '2,81'7.50 SOD S.Y, '1.15 Ul0 $2.817.50
STABIUZED UJÅ’ SWDGI S.Y. 3.150 Ul0 5,835.00 GEOGRm B.Y. 1.50 Ul0 15.285.00
TOTAL $8,452.50 PEA ROa C.Y. 15.00 270 4,OSO,OO
TOTAL '22,182.50
CITY of DELRA Y BEACH NI AW DRAINAGE DfPROYBMBH1S
PROIICT NO, 11-07
ENVIRONMENTAL SERVICES DEPARTMENT ~t:a SECTION A-A
434 80UTB SIINTON AVENUE, DEWY BEACH, FLORIDA 33444 PACE ~
<,
TO: Mayor, Commissioners, and City Manager
FROM: The Npighborhood Task Team
RE: ~Proposed Ordinance #1 - Restrict Front Yard Parking
..,--------
The following proposal regarding prohibiting the frequent and
regular parking on front lawns is submitted for your consideration.
The Neighborhood Task Team hopes that the Commission sees the
frequent and regular parking on front lawns as having an
undesirable effect on neighborhood standards, and that suggesting
ordinances to prohibit such activity is an attempt to improve
Jleighborhood standards. It is not the intent of this proposal to
impose unrealistic standards on our neighborhoods or to unfairly
impact our citizens.
The Neighborhood Task Team feels that an ordinance restricting
parking on lawns is an important ingredient in the improvement of
our neighborhoods and urges the Commission to develop an ordinance
consistent with the criteria presented herein.
\
'.
,
PROPOSED ORDINANCE II
. ~ . -
, PARKING ON FRONT LAWNS
The frequent and regular parking of vehicles on front lawns as
visible from the street adjacent to the front lawn is prohibited
under Chapter 100 of Delrays Nuisance Ordinance.
DEFINITIONS:
Frequent and regular means that parking in such a frequent and
regular manner has an adverse effect on any landscaped area, or
that it has an adverse effect on the neighborhood.
Front lawn mAans any area that has not been approved and improved
for the purpose of providing a designated parking area.
Visible means as can be seen from the street or not otherwise
screened from sight via an appropriate fence or hedge.
RECOMMENDED MEANS OF ENFORCEMENT:
First and second notification should be in the form of a warning
with appropriate support material to accompany the warning giving
justification toward compliance.
Third and subsequent violations should be dealt with through the
County Citation Program.
.
~
,
TO: Mayor, Commissioners, and City Manager
FROM: The Neighborhood Task Team
RE: Proposed Ordinance #2 - Designated Parking Area
The following proposal requiring a designated parking area for the
frequent and regular parking of vehicles is submitted for your
consideration.
The Neighborhood Task Team hopes that the Commission sees that
standards requiring a designated parking area is an attempt to
improve neighborhood standards. It is not the intent of this
proposal to impose unrealistic standards on our neighborhoods or
to unfairly impact our citizens. The proposal presented here
addresses specific relief for those who might be unfairly impacted
by either their financial or physical inability to comply.
The Neighborhood Task Team feels that an ordinance providing for a
designated parking area is an important ingredient in the
improvement of our neighborhoods and urges the Commission to
develop an ordinance consistent with the criteria presented
herein.
-
PROPOSED ORDINANCE t 2
MINIMUM STANDARDS AND REQUIREMEN'l'
FOR DESIGNATED PARKING AREA
FOR SINGLE & DUPLEX FAMILY RESIDENCES
All single family and duplex residences where a motorized vehicle
willbe frequently and regularly parked, must have a designated
parking area to accommodate the frequent and regular parking of
vehicles under Chapter 100 of the Delray Beach nuisance ordinance.
Definition of Parking ~
All designated park1ng areas (other than cement or asphalt)
must/should be outlined by an appropriate border designed to contain
the surface material. Borders should be railroad ties, landscape
ties, hedges, concrete traffic stops or other material approved by
the City on an individual review basis. In all cases the border
material must be substantial enough to tolerate vehicular abuse.
Surface
Surface materials may be cement, asphalt, shellrock, pearock, 3/4"
rock, lime sludge, mulch, paver bricks or other material approved by
the City on an individual basis. The material should be able to
withstand the weight of a vehicle.
Construction
All installed surfaces must be excavated to a minimum of 4" below
existing grade and an appropriate base be installed that will
provide for percolation of water and inhibit weed growth. The
surface material should be a minimum of 2" deep.
*Note: In some cases such as shellrock and lime sludge, the base
and surface can be the same.
Size
The size of the parking surface should be consistent with the use,
but cannot exceed existing City criteria for the size of parking
surfaces. Waivers to allow parking areas in existing setbacks
should be granted where necessary, ie¡ 40' thru 75' lots. Waiver
process should be granted without a fee at staff level, ie¡ waiver
authority granted to Jerry Sanzone subject to review and approval by
Lula Butler.
Permits
Permits to install a parking area must be secured and an appropriate
sketch of the intended area be presented at time of permitting.
A licensed contractor and sealed drawings should not be required to
secure the permit.
'.
Proposed Ord. #2
Page 2
Permit Fees
Fee should be waived (except for concrete and asphalt surfaces).
Maintenance
Designated parking area maintenance should include keeping surfaces
free of vegetation growth and encroachment of surrounding vegetation
and periodic replacement of deteriorated or settled surfaces.
Economic Relief
If a person desires to have a designated parking area but has proven
under current City/State guidelines that they would be unfairly
impacted and financially burdened by being required to comply with
established (or proposed) standards, that the following relief be
available:
1. Existing avenues of relief to include but not limited to:
a. Boot Strap
b. Community Block Grant
c. Private Industry Council
d. Neighborhood Task Team Volunteer Efforts
e. Community Redevelopment Agency Loan Program
2. When funds are not available above and where an active
Homeowners Association is in place, that the Community
Improvement Department contact the Association preferably
on a meeting date to establish a joint effort to
accomplish the installation of an approved designated
parking area. Under these conditions the City should
provide services to excavate the site and install an
appropriate base (ie¡ lime sludge) . The Homeowner and
Association should be responsible to install an
appropriate border and surface. (Note: Lime sludge could
be use as a base and final surface) . Where an active
Homeowners Association is not available, the City should
work directly wi th the Homeowner to install an approved
surface.
3. If Homeowner makes a valid effort to correct the
deficiency, no code enforcement violation will be issued.
The Code Enforcement division must verify effort made by
the Homeowner.
4/29/93
DC
Ordi2
'.
,
TO: Mayor, Commissioners, and city Manager
FROM: The Neighborhood Task Team
RE: Proposed Ordinance 13 - Minimum Landscape Requirements
The Neighborhood Task Team suggest extending the existing nuisance
ordinance regarding lawns or amending the Land Development
Regulations Section 4.6.16H (Minimum Landscape Requirement) to
include minimum requirement for residential property built prior to
October 1990.
Currently there are no requirements or guidelines for minimum
landscape criteria for existing single family or duplex residences
built prior to 1990. Section 4.6.16H of the Land Development
Regulations set forth criteria for new construction. The criteria
set forth for new construction is extensive and goes well beyond
the objectives of the Neighborhood Task Team.
Our objective in proposing this ordinance is to improve the
appearance of existing single family and duplex residences as
viewed from the adjacent right-of-way. Our proposal is directed
at the appearance of front and side yards only. The
requirements we propose are reasonable, cost effective and
enforceable.
The Neighborhood Task Team hopes the Commission sees our
recommended minimum landscape requirements as an attempt to improve
neighborhood standards. It is not the intent of this proposal to
impose unrealistic standards on our neighborhoods or to unfairly
impact our citizens. This proposal addresses specific relief for
those who might be unfairly impacted by either their financial or
physical inability to comply.
.
PROPOSED ORDINANCE 13
PROPOSED MINIMUM LANDSCAPE REQUIREMENT
FOR ALL EXISTING SINGLE FAMILY AND DUPLEX
RESIDENCES FOR walCH BUILDING PERMITS WERE
APPLIED FOR PRIOR TO OCTOBER 1, 1990
A. Shrubs or other acceptable plantings (see attached list) shall
be installed along the foundation of the front or side of the
house visible from the adjacent right of way.
B. All central air conditioning units and refuse containers
visible from the adjacent right of way shall be screened with
shrubs, trees or approved fencing material.
C. The owner or agent is responsible to insure that all planted
and grassed areas are adequately irrigated. The installation
of an automatic irrigation system is encouraged, the source of
water may either from City water or non-potable (well) water.
D. The owner or agent is required to maintain the landscaping
visible from the right-of-way in a neat and orderly manner,
this includes mowing, edging, pruning, weeding and watering.
Grace Period
As soon as an ordinance is adopted and approved, the City should
publish the proposed standards and their intentions to enforce by a
date certain, the Neighborhood Task Team recommends that compliance
should begin by October 1, 1994.
Notification of the ordinance should be through newspaper or water
bills. Notification should be in three languages (english, spanish
and creole) and should be extended to all Homeowner Associations and
City publications. The Neighborhood Task Team does not feel a
review of all properties in Delray to determine effected properties
is necessary. Identification of properties not in compliance should
be done in pursuit of normal code enforcement activities and as
identified by concerned citizens.
Compliance
Once a property has been identified as not meeting the minimum
standards, the property owner must be notified of the requirements
and an appropriate period of time (not to exceed 90 days) given to
comply. It should also be established at that time whether the
person has the ability to comply.
Failure to comply or maintain (as in the above) should be dealt wi th
through the City's Citation Program.
,.
Proposed Ord. t3
Page 2
Economic Relief
If a person desires to comply with minimum landscape requirements,
but has proven under current City/State guidelines that they would
be unfairly impacted and financially burdened by being required to
comply with established (or proposed) standards, that the following
relief be available:
1. Existing avenues of relief to include but not limited to:
a. Boot Strap
b. Community Block Grant
c. Private Industry Council
d. Neighborhood Task Team Volunteer Efforts
e. Local Garden Clubs
f. City Nursery
g. Community Redevelopment Agency Loan Program
2. When funds are not available above and where an active
Homeowners Association is in place, that the Community
Improvement Department contact the Association preferably
on a meeting date to establish a joint effort to
accomplish the installation of minimum landscape criteria.
Under these conditions the City should provide services to
clear the site and work with the Homeowner and Homeowner
Association to procure and install planting. Where an
active Homeowner Association is not available, the City
should work directly with the Homeowner to install
landscape.
3. If homeowner makes a valid effort to correct the
deficiency, no code enforcement violation will be issued.
The Code Enforcement division must verify effort made by
the homeowner.
Recommended Plantings
1. Trees - Live Oak, Mahogany, Green Buttonwood, Gumbo Limbo,
Pigeon Plum, Seagrape, Dahoon Holly, or Pink Tabebuia, and
Palm Trees. Specifically prohibited are Earleaf Acacia,
Bischofia and Ficus species.
2. Shrubs and Border Plants - Azalea, Chalcus, Cherry Hedge,
Crown of Thorns, Croton, Eugenia, Firecracker, Ilex,
Indian Hawthorn, Jasmines, Legustrum, Maui Ixora,
Pittisporum, Podocarpus, Silver Buttonwood, Ferns, Giant
Liriope, Springerii.
4/29/93
DC
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1019 Nassau St.
De1ray Beach, FL 33483
April 14, 1993
Mrs. Jo Ann Peart
107 N.W. Ninth St.
De1ray Beach, FL 33444
Dear Jo Ann:
I have touched on the subject of growing landscape plants
for the 'neighborhood' program to Garden Study Club. Already
two people have stated they will start plants for the project.
Our club was not at full strenght when we met. I would also
like to present this project to the Garden Club Presidents of
Delray Beach (Parlay) and see whether any of the other clubs
would be interested in joining in the endeavor.
Could we meet sometime this summer and further explore
this'"idea and get things down in writing? We need to know the
types of plants needed for specific purposes, size of plants, method
of contact for needs and distribution, a list of available plants,
etc., etc. I'm sure we can find some that are interested in helping
and they might know others. The idea sounds good. I am willing ,
to find what support is available through the Garden Clubs.
Sincerely t 7
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Pat Canning' d
Garden Study Club
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COMMUNITY ORIENTED CODE ENFORCEMENT
AN AL TERNA TIVE STRATEGY CREATED TO PROVIDE A DIFFERENT AND MORE INTERACTIVE
PROCESS BETWEEN THE CODE ENFORCEMENT STAFF AND CITIZENS; TO MUTUALLY IDENTIFY
AND RESOLVE NEIGHBORHOOD PROBLEMS IN AN EFFORT TO MAINTAIN A QUALITY LIVING
ENVIRONMENT THROUGHOUT THE CITY.
THE CONCEPT PROVIDES FOR:
>Breaklng down the barriers of C(mmunicatlon between the Code Enforcement Officers and
residents, .
>Customlzed approaches to problem·solvlng within a neighborhood making the Individual
officer responsible to citizen concerns aod complaInts.
>Permanent assigned areas rather than the traditional rotation schedule. Allows the Code
Officer to become Intimately familiar with common neighborhood problems and repeat
violators,
>Gets the Code Officer out of the car and interacting with residents. Requires Initial contact In
persòn with affected property owners prior to the Issuance of a violation notice,
>Citlzen support for Code Enforcement efforts affecting their neighborhood.
>Shared responsibility under Communtty.orkmted Code Enforcement. Provides the
opportunity for citizens to develop ownershIp when assisting In problem-solving,
Requires active role by citizens.
>Dlfferent approaches to different neIghborhoods, Each neighborhood problem can be
unique, Incorporates neighborhood meetings for consensus-building and problem·solvlng.
Educates citizens on code enforcement activities.
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. Agenda I tem No.:
AGENDA REQUEST
Date: 4/29/93
Request to be placed on:1
Regular Agenda Special Agenda X Workshop Agenda
When: 5/4/93
Description of agenda item (whol what, where, how much):
Consideration of proposed ordinances from the Neighborhood Task Team
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached:~NO
Recommendation: Direction
Department Head Signature. )..~..~~_.._==..
/ / I ...JiJ
L/
Determination of Consistency with Comprehensive Plan:
.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: f!)/ NO Þ~0
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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tt^'1
MEMORANDUM
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TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: CONSIDERATION OF SELECTED BEAUTIFICATION TO LAKE IDA ROAD
DATE: APRIL 27, 1993
ITEM BEFORE THE COMMISSION:
- -
Presentation of the conditions of the landscaping along Lake Ida Road,
generally from Congress Avenue to Military Trail, accompanied with a request
from residents for selected improvements.
BACKGROUND:
Alice Finst and Patrice Durden, from Chatelaine, and Art and Adell Jackel
from Rainberry Bay, requested a meeting to discuss the condition of the
landscaping along Lake Ida Road, considering proposed 1987 beautification
project committment.
The Utility Tax Fund allocated $193,000 for beautification. Due to
uncertainty about the road widening, it was apparent that the money could
not be spent within the time period required. This money was ultimately used
for other beautification projects with a commitment for funding Lake Ida
beautification through the 5-year Capital Improvement Plan.
The Citizens were interested in improving private and public properties as
well as upgrading the landscaping within the right-of-way. Some of the
conditions identified could be remedied via enforcement with adjacent
property owners or through the involvement of specific City Departments.
Other areas would rely on the funding set aside in the 1987 Utility Tax Fund
for improvements.
The concerns and requests from these four individuals, as well as Staff's
analysis and cost estimate are provided below.
AREAS OF CONCERN:
--
1. Citizen Comment ~ Proposal
The abandoned Public Utilities Facility just east of Congress Avenue is
unsightly. Sections of fencing have blown down and the landscaping
along Lake Ida Road could be upgraded. They have requested that the
City provide a buffer to screen the facility from Lake Ida Road and to
have better maintenance of the swale area.
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Staff Comment
The ultimate use of this facility needs to be determined. Lake Ida Road
widening plans designate the swale area directly in front of the
Utilities facility to be used as a water retention area. Any buffering
would have to be done south of the property line and not within the
right-of-way.
If funding were available, the perimeter of this facility could be
landscaped for approximately $3,500.00 providing there is a functional
irrigation system.
2. Citizen Comment ~ Proposal
There are three vacant parcels along Lake Ida Road. It has been
suggested that the City obtain an easement along the perimeter of these
properties to accommodate a landscape buffer.
One of the parcels is located at the SE quadrant of Lake Ida and
Congress and is void of any vegetation except weeds. Diagonally across
the intersection is the second parcel, in the NW quadrant, which is
nicely wooded, and the third parcel is much further to the west, along
the north side of the road, at the entrance to Lake Forest South.
We discussed the use of Oleander bushes, since they are very drought
tolerant, fast growing, fairly cheap and when planted in a double
staggered row, would provide an effective screen.
Staff Comment
Relative to the first parcel in the SE Quadrant of Lake Ida and
Congress, roughly 480 linear feet are adjacent to Lake Ida, while the
west property line abutting Congress runs 1,200 linear feet. Cost
projections to remove a 5 foot strip of sod the length of the property,
to install 1,120 Oleanders, to mulch and to provide for the services of
a watering truck for 2 months would cost $13,636.00.
The second parcel in the NW quadrant has a 360 foot frontage along
Lake Ida Road and a 890 foot frontage on Congress Avenue. Costs to
provide a perimeter buffer similar to the one described in above, would
cost $10,375.00.
The third parcel on the east side of the entrance to Lake Forest South
was originally a recreational tract for Tall Pines. More recently a
proposal was submitted for a day care center which was denied. A
perimeter landscape buffer of Oleander shrubs would cost approximatley
$3,300.
In all three cases, Staff does not feel that the expense is justified.
Not only the initial expense, but the on-going maintenance. Although
there has been a precedence in that the City landscaped lots on West
Atlantic Avenue in the 'Greenway Plan', the difference is that we were
using the landscaping to not only improve the appearance of a blighted
area, but to keep cars from parking on the vacant lots and to decrease
2
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a loitering problem.
3. Citizen Comment ~ Proposal
A gateway entry sign for all the developments was suggested.
Essentially this sign would have a sketch of where along the road a
particular subdivision was located. It would have to be determined
whether or not the County would allow such a sign within the right-of-
way.
Staff Comment
Relative to funding such a sign, this expense is typically borne by the
effected developments. I am not aware of the City providing this type
of identification signage anywhere else in the City.
4. Citizen Comment ~ Proposal
Traveling west, along the north side of the road are the subdivisions
of Rainberry Lake and Rainberry Bay. The Citizens felt that these
developments were well landscaped and needed very little improvement.
The two noted exceptions being the lack of trees in one section where
there is a rather imposing hedge, and the condition of the swale,
between the bike path and the edge of pavement of Lake Ida Road. They
suggested that additional trees be planted along the hedge and that the
condition of the swale be improved.
Staff Comment
Strict enforcement of the minimum landscape requirements coming into
effect October 1, 1993, would provide the ability to extract
improvements to the swale area from the adjacent developments. Staff
has not pursued compliance to this extent, and is looking to Commission
for direction in this matter.
Approximately 20 additional flowering trees could be installed along
the hedge for approximately $4,000. The fact that the right-of-way area
is irrigated by virtue of the adjacent developments helps ensure their
survival.
5. Citizen Comment ~ Proposal
The Citizens felt that the entrances and surrounding walls or fences
in connection with several subdivisions were in need of maintenance.
Relative to Lake Forest South, they felt that the entry wall and
landscaping needed some sprucing up. Other developments mentioned were
Rainberry Woods and Chatelaine. They felt that the entry landscape
features into Rainberry Woods were shabby and the many different types
of fencing along the backlots of Chatelaine were unsightly.
Mrs. Finst requested that the City provide landscaping within the
right-of-way adjacent to Chatelaine to to screen these properties.
3
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Staff Comment
The masonry wall surrounding Lake Forest South has some mildew and
needs to be pressure cleaned. Outside of contacting the Homeowner's
Association at Lake Forest. and asking them to consider cleaning the
wall. there is not much we can do. The situation does not warrant a
citation.
Since the meeting Rainberry Woods has relandscaped (coincidentially)
their entry features. All of the fencing around the development has
been replaced within the last six months. and is uniform in nature.
Their Oleander plantings along the fence are in demise due to a disease
called Witches Broom. These plantings were done voluntarily by
Rainberry Woods about six years ago and it is not really a requirement
that they be replaced. They are being maintained as well as possible
given the fact that they are diseased. We can talk to the Homeowner's
Association to see if they are going to give any thought to replanting.
With respect to Chatelaine. some of the lots along Lake Ida already
have vegetation that helps screen the neighborhood, but others are
totally barren.
Staff does not feel that it is appropriate to provide landscaping
adjacent to a particular development, when others have accomplished
this through assessments to their Homeowner's Association. Again, the
ability to establish plant materials without irrigation is labor
intensive.
6. Citizens Comments ~ Proposals
Mrs. Finst mentioned the poor condition of the lift station that was
north of the lift station at Sunflower.
Staff Comments
-
I did not see this on my site visit and need clarification on this
subject. It would have to be east or west of the lift station at
Sunflower to be on Lake Ida Road.
7. Citizens Comments ~ Proposal
The condition of the swale adjacent to Barwick Park was an area of
concern. Mr. and Mrs. Jackel and Mrs. Finst agreed that Barwick should
be a show place. It was also noted that the hedge around the parking
lot at Fire Station # 4 needed to be installed.
Staff Comments
During the site inspection is was noted that the swale in this area was
no different than the swale adjacent to the rest of the majority of
Lake Ida Road. It was also noted that the hedge around the parking lot
at the Fire Station needed to be replaced.
4
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Input from the Parks Department is needed on these improvements. It
would seem that if the City should require adjacent subdivisions to
improve the condition of the swale, that Barwick Park should upgrade
the right-of-way as well, and Parks should anticipate this expenditure
in funding requests. If this is not enforced to this degree, it would
probably be a matter of priorities and available funding.
The hedge could be installed with City labor at a cost of approximatley
$400.00.
Improvements to the swale would be difficult. The primary reason the
swale looks as it does is because there is no irrigation. Input from
the Parks Department indicates that the irrigation system to the Park
is utilized to its fullest, and additional zones cannot be added to
provide coverage to the swale area. It would be pointless to replace
the existing sod without irrigation, however, costs to remove the
existing sod and to replace 1,375 linear feet in a 13 foot depth would
be roughly $5,000.
8. Citizens Comments ~ Proposals
Traveling toward the east are the single family homes that front Lake
Ida. Most of these properties have lawn that is in very good condition.
Two or three properties need attention. One property is in foreclosure
and is overgrown with weeds. The citizens felt that this area would
benefit from trees being planted along the right-of-way.
Staff Comments
Some properties have sufficient landscaping that has been carried into
the swale area. Many have nothing in the swale between the street and
the sidewalk, anticipating that this area could be eliminated if the
street were widened.
If we have assurance that the street will not be widened in the next
ten years, and if the County would permit the trees to be planted
within the right-of-way, the City might try to establish something
similar to an adopt-a-tree program. In this instance the City would
install the trees , but the maintenance would be something the property
owner would be responsible for. This would include watering,
fertilizing and pruning.
The trees could be planted without an agreement with the adjacent
property owner if the City was willing to assume the maintenance.
There are 20 to 25 locations where trees could be planted. Initial
planting costs would be between $4 and $6 thousand.
S
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9. Citizen Comment ~ Proposal
There is a small portion of the right-of-way east of the single family
ho~es that is totally devoid of sod.
Staff Comment
Bahia sod could be planted in this area at very little cost to the
City, roughly $400.
SUMMARY OF COST ESTIMATES
--
Area II 1 Public Utility Facility $ 3,500.00
Area II 2a Vacant Parcel SE Quadrant 13,636.00
II 2b Vacant Parcel NW Quadrant 10,375.00
tI 2c Vacant Parcel Tall Pines 3,300.00
Area II 3 Gateway Entry Sign ??????
Area II 4a Flowering Trees/Rainberry Bay 4,000.00
II 4b Upgrading all swales (Com. directive) -------
Area tI 5 Perimeter screening Chatelaine ??????
Area II 6 Lift Station - Need Location ??????
Area II 7a Upgrade Swales Barwick Park 5,000.00
II 7b Install hedge Fire Station II 4 400.00
Area tI 8 Shade trees in front Single Family Res. 6,000.00
Area II 9 Install Bahia Sod in bare r/o/w 400.00
---------
$46,611.00
RECOMMENDATION:
Commission discretion is recommended.
6
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M E M 0 RAN DUM
To: David Harden, City Manager
Through: Lula Butler, Community Improvement Director ~
From: Nancy Davila, Horticulturist/Special Projects Coordinator ~
Re: LAKE IDA ROAD (CONGRES~ TO MILITARY) LANDSCAPING
Date: December 16, 1992
I have been asked to give an assessment of the landscape potential on Lake
Ida Road (between Congress Avenue and Military Trail), Although it is not
currently on the County's Five Year Improvement Plan, the County is
reviewing the construction plans (90% complete) which suggests to me that
there is a good chance that the road will be widened in the future.
This section of Lake Ida is roughly 2 miles in length. There are no medians,
all existing landscaping is currently by virtue of the subdivisions and
businesses along the road.
Powerlines exist along the south side of the right-of-way, just south of the
sidewalk. This will become the ultimate right-of-way/property line when the
road is widened. The north side of the road has no power lines, but is does
have a bike path, The ultimate right-of-way along the north side is
generally in line with the existing fences and hedges.
No curbs exist, which would require a greater offset for trees from the
edge of the adjacent travel lane. County standards require an 18 foot offset
for tree planting at a design speed of 45 miles per hour on arterial or
collector roads with ADT's greater than 1500 per day.
The existing conditions are described below:
Military Trail to Barwick Road
....
North side - County Manors, well maintained hedge along r/o/w.
South side - Wood fence with Oleander clusters.
Barwick Road to Canal
---
North side - Barwick Park - beautifully landscaped.
- Lake Forest South - masonry wall and natural pines.
South side - Chatelaine - No cohesive buffer for subdivision.
1
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Canal to David Road
----
North side - Rainberry Bay - fence, hedge and clusters of landscaping.
South side - Delray Shore - 30 single family residences, This is the
worst looking area due to vast differences in appearances
and no consistency in landscaping. Large expanse of sod in
r/o/w not always well maintained.
Davis Road to Congress Avenue
North side - Rainberry Lake - fence and landscaping,
South side - Businesses, Grocery Store, Day care, Delray Shores
Professional Plåza, Winn Dixie, all adequately landscaped.
At this time it seems to be more a question of when the road will be widened
and not if. With that in mind, it is hard to recommend that any significant
landscaping be done. The most simplistic approach, which would be to
establish shade trees at 50 feet on center, would cost $80,000 due to the
length of the road. ( Being 2 miles and considering both sides of the road
is over 20,000 linear feet; the number of trees at 50 feet o.c. is 400 trees
at $200 @ is $80,000).
To be very candid, I don't think the current appearance of the landscaping
along the road is bad enough to warrant that type of expenditure. The
$80,000 only covers the cost of installation. Since there is no irrigation,
we would also need to consider the cost of getting the trees established via
a watering truck.
...
2
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01(
CITY COMMISSION WORK SESSION DOCUMENTATION t'lt'1
SUBJECT: ELMS BILL
MEETING 1993
DIRECTOR OF PLANNING
During the last legislative session, the ELMS BILL was passed. The
ELMS BILL is comprehensive and is 181 pages in length. It has 83
Sections. It provides significant changes to the 1985 Growth
Management Act (Chapter 163) and other Chapters of the Florida Code.
There are significant implications relative to Delray Beach, Palm
Beach County, and municipalities in general.
'r Items of significance, as they pertain specifically to Delray Beach,
include the following:
1. Philosophy:
* Protection of private property rights
* Compensation for invalid exercising of police powers
* Streamlining review processes, shift of decision-making to
local units of government
* Greater flexibility with respect to concurrency
* Protection from misuse of environmental regulations
2. Affordable Housing:
* Formulation of an affordable housing program
* RPCs to have a strategic policy re affordable housing
3. Interlocal Governmental Coordination:
* Required process
* Required local dispute resolution
* Program extended to school boards, special districts
* Administrative Rules within 6 months
* Compliance by December, 1997
* When implemented, will take-over the DRI process
* Involves more than Plan Amendments
4. Transportation Element:
* New requirements, formatting
* Basis for concurrency exemption for "urban infill areas"
5. Coastal Management:
* Creation of marina siting plans
* Greater emphasis on emergency preparedness plans
* Greater emphasis on post-disaster plans
WS/3
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y city Commission Documentation
Elms Bill
Page 2
5. Coastal Management: (Con't)
* Redefinition of the coastal zone
* Redefinition of hazard area
* Acquisition program (not by locals)
* Coastal Resources Interagency Management Committee
6. Concurrency:
* More flexibility
* De minimis
* Urban infill area exemptions
7. Plan Amendment Process:
* Changed to an "objection" basis
* Process shortened when there is no objection
* EARs - deferred for another year. Ours is due November, 1995
8. Enclave Annexation:
* Allows annexation of enclaves which are of 10 acres, or less,
upon interlocal agreement with the County.
9. fteqional Planning Councils:
* Changes in definition
* Changes in powers
* Reduction of "areas" of interest
* Strategic plan required for
-- affordable housing
-- economic development
-- natural resources of regional significance
-- regional transportation
-- emergency preparedness
* Conflict resolution role
10. Establishment of Local Health Councils:
II. Local Option Gas Tax:
* Countywide
* 5 cents additional allowed
12. D.R.I. Rule Amendments:
13. Model Storm Water Manaqement Proqram:
DIRECTION:
This information is presented for information purposes only.
However, the Commission may direct the Administration to pursue a
course of action on any item which is now available to us, under
this legislation.
T:CCELMS
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, Ø4-1S-93 14:Ø9 P. 8. CO. r-luNIC.l.,~;r-;... '_Ci .,._.,
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Palm Beach County MUNICIPAL LEAGUE
P,Q. BOX HIS;, GOVERNMENTAL CENTER, WEST PALM BEACH, FlORIDA 33402 (407) 355,4464
RECEIVED
MBMORARDUM APR J 5 '99J
'lOa All Hayon ~na9.ro CITY MANArf9'S nFFICE
PR: Jack Horni xecutive Director Palm Beach County
Municipal Le e
Øl'. April 15, 1993
RBI Florida League of Cities Board of Directors II
****....******...*.*...*...............*........***. II
The Florida Leaque of Cities at its Pebruary 1993 Board meeting
adopted a revision to its Board of Directors membership. Under
this plan, Palm Beach County's membership will increa.e from one
member on the Board to four members. Ratification of this plan
will be required at the Annual Florida League of Citi.. meeting in
August of 1993.
In anticipation of that ratification, the Palm Beach County
Municipal League Board of Directors is .eeking names of ~.~o
O"ICTaT~ who would be intere.ted in serving as a member of the
Plorida Leaque of Cities Board of Directors representing the Palm
B.ach County Municipal League. Please submit names with a brief
description of background and interest to the Palm Beach County
Municipal League office by May 28, 1993 .0 that the Municipal
League Board of Directors can review those name. submitted and be
prepared to make recoøonendatione and nominations for the additional
s.at. at th~~Plorida League of Cities Annual me.ting.
Your attentíon in this matter will be greatly appreciated.
Thank you.
wS/4
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04-1S-9] 14: í:J:.."j,'u.,_":d'IL ~ __ . ';',..¡, "kJ
Palm Beach County MUNICIPAL LEAGUE
p,o, BOX 1989. GOVERNMENTAL CENTER, WEST PALM BEACH. F~ORIDA 33402 (407) 355-4484
IIBIIORARDUII
'1'01 All Mayors and Managers
.-. Jack Horniman, ~ Beach county Municipal League
Bxecutive Direc~
D'll April 15, 1993 1/
lUll Palm Beach County Bconomic SwrIIIÚ. t "
....................*.****......*****.****..********
The County will be conducting an economic summit on June 8, 1993
to develop .hort term strategies to bolster the local economy.
County Commis.ion Chair, Mary McCarty, is solie1 t1ng economic
sWlUllit ideas to be discussed at the June 8th meeting. The
Municipal League Board of Directors, at its April 14th meeting,
sugge.ted that all cities be informed of this reque.t and
encourage each city to provide its ideas to the County commission
for the upcoming .wmnit. Attached is the fOrJD that was created by
the County to be filled in and .ubmitted by May 3rd to Sam Shannon
in the County Administration Department, 301 North Olive Avenue,
We.t pa1m Beach, PL 33401. The municipalities are encouraged to
.how support to the County in this effort.
Also, the County comaission is soliciting name. of interested
municipal melllbera to participate at the economic swmnit. If anyone
in your city·i. interested in becoming a participant, please submit
n.... to S.. Shannon a1eo a. Boon as po.sible. Also attached is
commi..ioner McCarty'. letter reqardinq this reque.t.
Thank you for your prompt attention to this matter.
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':OXOIIIC 100000I'l' IDD.
1. Title [brief but descriptive):
2. De.cription of Economic stimulua Idea [brief description of
the .trateqy):
3. Tarqet outcome (What reault. will be produced in term. of
either capital formation and/or joba]:
Capital Formation:
Job Creation (estimated # and type]:
¡
,
,
4. County Contribution [Staff time, financial, policy change)*
5, Ia the .u9ge.ted strategy dependent upon other strateqies? ....
ye.,whlch?'
6. ".t Reali.tic Outcome (What i. the beat we can expect from
thi. atrate9Y realistically?)
(
7. Worat Po..ible Outcome (What ia the wor.t that could happen
it thia .trateqy were puraued?)
*(If you are unaure leave blank, county ataft will analyze).
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04-15-93 14: 11 P. 8. CO. MUNICIPAL LEAGUE SJ6 ;:¡05ClS
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Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Wrisman
Ken L. Poster, Vice Chairman
Karen T. Marcus
Carol A. Roberts '" I"
Warren H. Newell ~ :'
Burt Aaronson
Maude Ford Lee
March 23, 1993
Mr. Jack Horniaan, Executive Director
PBC Municipal Laaque
301 Nor~h Olive Avenue
W..t Palm Beach, Florida 33401
SUMMIT
Dea ~
On 8th, the Board of County Commissioner. will be conduct~ng
a .pee al workshop to identity and prioritize actions that should
be taken to stimulate the county's economy. This day lonq workshop
will be focu.ing on immediate and short term steps the Board can
take to a..ist in bolstering the local economy.
It i. anticipateð that the workShop participant li.t will include
approximately 20 individuals in addition to the Board member.. In
order to as.ure that this workshop involves a strong cros.-section
ot the county, it is requested that you provide this office with
recommendations ot po..ible participants. In making these
recommendations, it is requested that you include a description as
to experti.e or .pecial contribution that the individual will bring
to the workshop. It is anticipated that we will receive many more
r.comm.nda~ions than the number ot participant. to be .elected,
theretore, this de.cription ot what the person will brinq to the
table will be critical in .electing the tinal participant list.
It i. reque.ted that you distribute thi. request to the various
mun!cipalitié8 and ask that they provide nominations to Sam
Shannon, Bxecutive Assistant to the County Administrator, at 301 N.
Olive Avenue, We.t Palm aeach, FL 33401 by April 16th. If there
are any questions concerning this request, please don't he.itate to
contact me at 355-2204.
.----
,.,;'''''''
ry McCarty, Chair
ty Commissioners
Dact
cc: Board of County Commissioners
~^n Equal Opportunity. Affirmative ^ction Employer~
C_""__ Box 1989 West Palm Beach, Florida 33402.1989 'AX: (to'T) 3ß.S981
"