08-10-93 Regular
!lEL~ y. BEA~t-!
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING b:8d
AI n L ....ca,
AUGUST 10. 1993 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. '1111'
COMMISSION CHAMBERS
144\
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Doug
Randolph, (407) 243-7127, at least twenty-four ( 24) hours prior to the
program or activity in order for the City to reasonably accommodate
your request.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments
with the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City
Commission meetings are business meetings and the right to limit
discussion rests with the Commission. Generally, remarks by an
individual will be limited to three minutes or less (10 minutes for
group presentations). The Mayor or presiding officer has descretion
to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed
items should sign in on the sheet located on the right side of the
dais. If you are not able to do so prior to the start of the
meeting, you may still address the Commission on an appropriate
item. The primary purpose of the sign-in sheet is to assist staff
with record keeping. Therefore, when you come up to the podium to
speak, please complete the sign-in sheet if you have not already done
so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state your name and address for the
record. All comments must be addressed to the Commission as a body
and not to individuals. Any person making impertinent or
slanderous remarks or. who becomes boisterous while addressing the
Commission shall be barred by the presiding officer from speaking
further to the Commission unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
City Commission
Regular Meeting
8/10/93
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 July 27, 1993
6. Proclamations:
A. Literacy Awareness Month - September 1993
7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
A. RENEWAL OF MAINTENANCE AGREEMENT/A.L. ROARK AND ASSOCIATES:
Approve the renewal of the maintenance agreement with A.L. Roark
and Associates for the Police Department AS400 Records and CAD
modules in the amount of $12,275 with funding from Police Support
- Equipment Maintenance (Account No. 001-2113-521-46.20).
B. AMENDMENT TO THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF
NATURAL RESOURCES: Approve an amendment to the agreement with
the Florida Department of Natural Resources, Division of Beaches
and Shores which provides for the extension of the agreement and
funding for beach monitoring through 1996.
C. APPROVAL OF FUNDING FOR EMERGENCY INTERCONNECT/PALM BEACH
COUNTY: Approve funding in the amount of $26,274.55 as
required by the Interlocal Agreement with Palm Beach County for
participation in the construction of a water main interconnect on
Linton Boulevard at the Delray Community Hospital; with funding
from Water and Sewer Fund - Water and Sewer Interconnect
Boca/Palm Beach County (Account No. 441-5161-536-64.01).
D. EXTENSION OF AGREEMENT WITH PRIVATE INDUSTRY COUNCIL:
Approve the extension of the agreement with the Private Industry
-2-
city Commission
Regular Meeting
8/10/93
Council for the summer youth employment program until September
30, 1993.
E. FIRST AMENDMENT TO TRI-PARTITE AGREEMENT/COURTHOUSE
EXPANSION: Approve an amendment to the tri-partite agreement
between the City, Community Redevelopment Agency and Palm Beach
County for the expansion of the South County Courthouse located
at 200 S. Atlantic Avenue.
F. CONTRACT FOR CONVEYANCE AND RECEIPT/RELOCATION OF HISTORIC
BUILDINGS: Approve the contract between the City and Palm Beach
County for the conveyance, receipt and relocation of two
historic structures located at 1031 Hillcrest Boulevard and 930
Belmont Place to Delray Beach.
G. INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY:
Approve an interlocal agreement with -the CRA setting forth the
CRA's obligations as the City's agent relative to the moving of
two historic buildings located at 1031 Hillcrest Boulevard and
930 Belmont Place to Delray Beach.
H. ACCEPTANCE OF FINAL STATEMENT/COMMUNITY DEVELOPMENT BLOCK
GRANT: Accept the Final Statement of Objectives and Projected
Use of Funds for Fiscal Year 1993/94 and authorize staff to
submit the Final Statement to the Department of Housing and
Urban Development.
I. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from
Tropic Bay Condominium Association which is necessary for the
relocation of Lift Station No. 32.
J. REOUEST FOR WAIVER OF LANDSCAPE REOUIREMENTS/PHOENIX
RESTAURANT AND BAR: Approve a request from the Phoenix
Restaurant and Bar, located at 6 S. Ocean Boulevard, for waiver
of Land Development Regulations Section 4.6.16(H) (4) (d) which
requires that foundation landscaping be provided at building
elevations that are visible from adjacent rights-of-way. Site
Plan Review and Appearance Board recommends approval.
K. CHANGE ORDERS NO. 2 AND 2A AND REOUEST FOR FINAL PAYMENT/ALL
- RITE PAVING CONTRACTORS. INC. : Void Change Order No. 2 to the
~ contract with All-Rite Paving Contractors, Inc. and approve
. Change Order No. 2A in the net add amount of $54.11; and, approve
~ the request for final payment in the amount of $2,692.41 for
Icompletion of the -eD-son CvLtage Pav~ng and Crading ImprevolfteuL::; d~
~ pro j ect . with funding from Community Deve lopmen t Block Grant - ~
Improvements (Account No. 118-1965-554-63.11). 6\. .
cV
~ L. CHANGE ORDER NO. 7 AND REOUEST FOR FINAL PAYMENT /MOLLOY
BROTHERS. INC.: Approve a change order in the amount of
$13,419.03 for final plus/minus as-built quantity adjustments and
miscellaneous changes to the original contract and change orders
thereto; and, approve the request for final payment in the amount
of $17,440.90 from Molloy Brothers, Inc. for completion of the
Northwest Drainage Outfall Project with funding from Decade of
Excellence Northwest Drainage (Account No. "1'2~ 3161 S-tl.;;;Q~).
/"
~ t,\Ltt" ~
./
-3-
City Commission
Regular Meeting
8/10/93
M. RESOLUTION NO. 72-93: A Resolution assessing costs for
abatement action required to remove nuisances on 15 properties
throughout the City.
N. RESOLUTION NO. 73-93: A Resolution assessing costs for
abatement action required to remove nuisances on 14 properties
throughout the City.
O. AGREEMENTS FOR PROFESSIONAL SERVICES/MARKET RESEARCH FIRMS:
Approve the agreements for professional services with three
Market Research firms.
9 . R~gular ~g~.nda ,: ".-~ l I _ .t d 000
9. ff{f. - ll#ffnltG /l;sh 0cnOO <;P I
/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 July 26,
1993 through August 6, 1993.
/B. WAIVER OF LANDSCAPE REOUIREMENTS/CALVARY BAPTIST CHURCH:
Consider a request from Calvary Baptist Church for waiver of Land
Development Section 4.6.16(B)(3) which requires that landscaping
be upgraded to present landscape standards when any modification
occurs to an existing development which results in an increase of
25% of the gross floor area. Site Plan Review and Appearance
Board recommends approval of the waiver for the south portion of
the site and denial of the request for the north half of the west
property line.
vlc. IN-LIEU OF PARKING FEE/PHOENIX RESTAURANT AND BAR: Consider a
request from the Phoenix Restaurant and Bar, located at 6 S.
Ocean Boulevard, to pay the in-lieu of parking fee as an
alternative to providing additional parking spaces in conjunction
wi th their building expansion proj ect . City Manager recommends
approval.
~. SPECIAL PERMIT REOUEST: Cons ider a spec ial permit request
for the Auto Recyclers Mall located at 1180 S.W. .10th Street.
E./ APPROVAL OF ROAD CONSTRUCTION AGREEMENTS WITH WILLIAM SWAIM
~ND ASSOCIATES: Approve road construction agreements with
William Swaim and Associates for Palm Trail and N.E. 8th Street.
ylF. CABLE ACT AND RATES: Consider assuming regulatory
responsibility for basic cable rates and equipment charges.
~. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/LOCAL OPTION GAS
TAX: Consider an interlocal agreement with Palm Beach County
which provides the formula for the distribution of the Local
Option Gas Tax. City Manager recommends approval.
/H. CHANGE ORDER NO. 3 /S. I. NICHOLAS. INC.: Consider a change
order in the amount of $10,345.20 which also extends the
contract completion date by three days (3) to the contract with
/ S. I. Nicholas, Inc. for the Fire Station Headquarters projectj
with funding from 1992 Bond Anticipation Note - Central Fire
-4-
City Commission
Regular Meeting
8/10/93
Station (Account No. 227-2311-522-61.56). City Manager
recommends approval.
1. CHANGE ORDER NO. 3/DUTCH CONSTRUCTION COMPANY. INC. :
Consider a change order in the amount of $23,722.70 to the
contract with Dutch Construction Company, Inc. for miscellaneous
changes to the Veterans Park Redevelopment project; with funding
from 1992 Bond Anticipation Note - Veterans Park Redevelopment
(Account No. 227-4126-572-61.63). City Manager recommends
approval.
-J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two members to
the Education Board to terms ending July 31, 1995.
__K.~ APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three
members to the Planning and Zoning Board to terms ending August
31, 1995.
J.. APPOINTMENTS TO SITE PLAN REVIEW AND APPEARANCE BOARD:
Appoint one ( 1 ) member to the architect position and two ( 2 )
members to the layperson positions on the Site Plan Review and
Appearance Board to terms ending August 31, 1995.
~ APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
three members to the Historic Preservation Board to terms ending
August 31, 1995.
IN. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two regular
members and two alternate members to the Board of Adjustment to
~erms ending August 31, 1995.
O. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint
one ( 1 ) member to the general contractor position, one ( 1 ) member
to the master plumber position, and one ( 1 ) member to the
architect position on the Board of Construction Appeals to terms
~nding August 31, 1995.
P. APPOINTMENTS TO THE OCCUPATIONAL LICENSE EOUITY STUDY
COMMISSION/RESOLUTION NO. 74-93: Approve a resolution creating
the Occupational License Equity Study Commission and appoint
members.
10. Public Hearings:
jA. ORDINANCE NO. 47-93: An ordinance rezoning property
associated with Mount Olive Missionary Baptist Church from R-1A
(Single Family Residential) to CF (Community Facility). Planning
and Zoning Board recommends approval.
)1. REOUEST FOR CONDITIONAL USE APPROVAL: Consider a
request from Mount Olive Missionary Baptist Church for
conditional use approval to establish a 42 space off-site
parking lot on the east side of N.W. 4th Avenue, between
Atlantic Avenue and N.W. 1st Street. Planning and Zoning
Board recommends approval.
-5-
..
'"
City Commission
Regular Meeting
8/10/93
B. ORDINANCE NO. 44-93: An ordinance annexing the Taheri
property located on the east side of Military Trail, south of
Linton Boulevard, north of the Del Aire subdivision; with initial
City zoning of AG (Agricultural) . Planning and Zoning Board
recommends approval.
C. ORDINANCE NO. 48-93: An ordinance amending the Land
Development Regulations, by amending Subsection 4.3.4 (H) (5) (e)
to delete the thirty-five percent (35%) size limitation on screen
enclosures in zero lot line developments. Planning and Zoning
Board recommends approval.
1I. 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. 49-93: An ordinance amending the Code of
Ordinances relative to Occupational Licenses. If passed public
hearing August 24th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. County and Municipal Issues
-
-6-
'"
.,
CITY DF DELAAY IEREN
':c" ,;.:.. ';':: ',I....:: ':;'::_~,4~ :3::''':''\..>-1 ::;;,_'-=,==<':':" 3J..1J.J.
PROCL-Ul.-t TIO'
WHEREAS, an estimated 25 million adult Americans are
lacking basic literacy skills and another 35 to 40 million are
functionally illiterate with skills below the eighth grade level;
and,
WHEREAS, adult illiteracy costs society an estimated
$225 billion a year in lost industrial productivity, unrealized
tax revenues, welfare, crime, poverty, and related social ills;
and,
WHEREAS, in Florida one in five adults is functionally
illiterate; and in Palm Beach County it is estimated 70,000
adults read at less than an eighth grade level; and,
WHEREAS, THE PALM BEACH COUNTY LITERACY COALITION
serves to promote the learning of basic reading, writing, and
mathematic skills and to engage in programs to further literacy
within our county; and,
WHEREAS, many businesses will be competing in the
coalition's "Great Grown-Up Spelling Bee" on September 18th to
raise literacy awareness; and,
WHEREAS, The Literacy Coalition is asking each
individual in Palm Beach County to "Celebrate Reading" in
September by spending some time each Wednesday with a book.
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 September, 1993, as
LITERACY AWARENESS MONTH
in Delray Beach, and urge all citizens interested in acquiring
services or information regarding literacy to contact the Palm
Beach County Literacy Coalition.
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 10th day of August, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
to A
..
"
, - . .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /9JV1 A
SUBJECT: - MEETING OF AUGUST 10. 1993
AGENDA ITEM i
RENEWAL OF MAINTENANCE AGREEMENT/A.L. ROARK AND ASSOCIATES
DATE: August 6, 1993
This item is before you to approve the annual software support
(maintenance) agreement in the amount of $12,275 with A.L. Roark and
Associates, Inc. for the Police Department AS 400 records and CAD
modules.
Through this agreement A.L. Roark will provide new releases and
correct any program problems. Four other police system software
modules are covered under separate agreements. As these expire, they
will be brought up for renewal. The total annual software maintenance
cost for all programs for the year is estimated at $15,500.
The City Attorney's Office has reviewed the agreement and approves it
as to form.
Recommend renewal of the annual software support agreement with A.L.
Roark and Associates, Inc. in the amount of $12,275i with funding from
Police Support - Equipment Maintenance (Account No.
001-2113-521-46.20).
..
.,
[IT' DF DELIA' BEA[H
100 N.W. 1 st A VENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 10, 1993
ANNUAL SOFTWARE SUPPORT AGREEMENT A.L. ROARK & ASSOC.
DATE: August 5, 1993
ACTION
City Commission is requested to approve the Annual Software
Support Agreement with A.L. Roark and Associates for the Law
Enforcement Records and Computer Aided Dispatch Software Modules
in the amount of $12,275.00. Funding is available in account
#001-2113-521-46.20 Police Support Equipment Maintenance.
BACKGROUND
Per the original software license agreement for these software
modules, the annual maintenance fee for software support is not
to exceed 10% of the purchase price per year. The fee being
charged meets the parameters of the original license agreement.
Through this agreement A.L. Roark will provide new releases and
correct any program problems. Four other police system software
modules are covered under separate agreements. As these expire,
they will be brought up for renewal. The total annual software
maintenance cost for all programs for the year is estimated at
approximately $15,500.
RECOMMENDATION
All changes requested by the City Attorney have been
incorporated into the agreement. Staff has reviewed the
agreement and recommends approval.
RAB:kwg
THE EFFORT ALWAYS MATTERS
, . ~
.
Agenda I tern No. :
AGENDA REQUEST
Date: July 21, 1993
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: ~.sr /0/ l'IqJ
. J7, 19PJ,
Description of agenda item (who, what, where, how much): Annual
software support aqreement (maintenance) with A.L. Roark & Associates,
Inc. , Lexinqton, KY, for Police AS400 records and CAD mndulp!';. '
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Police Chief and Systems Manaqer recommend approval.
Funds available in 001 2113 521 46.20.
X Department Head Signature: Jt]{~.~ /\
( '--'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative . (if applicable)
Account No. -& Description: [l/1-'j1/~-~)1. #-7-~
Account Balance: 1':),[00
City Manager Review:
r-. Z-7v;(
Approved for agenda~'~s/ NO ('/
Hold Until: ~ /. /
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
. . I [rift!
~
fl~
July 13, 1993
City of Delra y Beach
MIS Department
100 NW 1st Avenue
Delray Beach FL 33444
Re: Invoice #: 87
INVOICE
Support Contract $12.275.00
Law Enforcement Records and
Computer Aided Dispatch Modules
From August 1, 1993 - July 31, 1994
TOTAL $12,275.00
TERMS: Net Due Upon Receipt
Thank You
A. L. Roark & Associates, Inc.
406 Rosemont Garden · Lexington, Kentucky 40503 · 606-278-9581 · Fax 606-278-3355
..
"
. .
.
fl~
July 14. 1993
Mr. Richard Zuccaro
City of Delray Beach
MIS Department
100 NW Ist Avenue
Delray Beach. FL 33444
Dear Mr. Zuccaro:
This letter is in regard to the contractual warranty period for the City of Delray. The two year
warranty period has expired and we wish to offer you continued software support for the Law
Enforcement Records and Computer Aided Dispatch Modules for the period of August 1. 1993-
July 31, 1994.
Software support may be continued for an annual fee which is calculated based on a percentage
of the initial contract purchase price. We recommend that you continue to maintain the support
contract throughout the life of the product. This will allow you to reap the many benefits
received by our team members including: toll-free support line, engineering oversight repair.
modifications and enhancements, periodic refreshes/quaterly revisions/and annual releases. voice
in the direction of the improvement of CMS. and participation in the Users Executive Council
and annual Users Group Meeting.
I am enclosing a Software Suppon Agreement effective August 1. 1993. along with an invoice
for the total amount. If you wish to enter into such an agreement, will you kindly arrange for
the agreement to be signed and returned to us with the payment due. If you wish to make other
arrangements, please contact us immediately so that we may respond in a timely manner.
If you have any questions, please do not hesitate to call me.
Very truly yours,
~
Melissa M. Wilson
A.L. ROARK & ASSOCIATES, INC.
Vice President of Support Operations
MMW:fp & ;'0
Enclosure 1-
A. L. Roark & Associates, Inc.
406 Rosemont Garden · Lexington, Kentucky 40503 · 606-278-9581 · Fax 606-278-3355
,. ""
..
:::;EN~ .B't:>=< L Roark Z, Hssoci,o..tes 02:-215-93 10; 44At'1 60S2'7:33~S5-1 4C? 2'72: 47::,5 j:; ;::
.
SOFTWARE SUPPORT AGRE&\1ENf
THIS SOFTWARE SUPPORl' AG~ (h~ aillad 1M "A.ir-ol,? ~ a.n.:l iU>~ bto ~ day
of by aDd btcw__ A. ~ ROARK Al'o"'D ABSOCIATES, INC., a XeDb:tcl:y ~t10li N::..:u t:--u:.clpal oBi""
i.loca~ at ~ n.-znont ~ ~ ~ 40603 (h~~ "ALR'1. ~ em OF DELP.AY BUCH, }.illi ~t,
wbOM prinripAl omc. i. located at 100 N.W. lit "'TeD'GII, DtUny Se6ch. Florida ~ (ht&I'llin&'W c:a!!ed .CUE.:,....'T).
WHEREM. ALR It the oW1*' ottbe ~ ~ ~ Ka~ (bsretnaft,er~) luIow~ at the Con==,ii;y 1U~nt Bj'n~!!l &:14
ita va.riollol moclalM; aM
WliEREAS, ALll hM 1f&A\lM1 CLtENT a IIQIWlllclml~ JliClCtntl&!\!nIhle 11eclM to U66 \he ~ut&' ~ aM maittt'..u. .. ..t 4>ri:h In that
cerWn Pro&tam LicMlao AenHmnt betwtIIl AL3 bCl CIJENr dated, Janway l&. 1990 ~ 'nl!1II71Id to u the .~ L1cIDH
~t"); aDd
WHEllEA8. CLIENT now _AI to procaN flumALR ICfpQI't MrVieell Cor thlliallUled I'r'oJNm and ~ (b~ dodiDad) lul:Qeet to
tbe 1.-- Ad OImdldo~ ~taiMd ......
'I'M term. an4 OOQditicmll _ tM IlDowtqr..... tlW1 ba 1Dcarpara\e4 AI I*' of thia ~
Tba~~~KadaIM""'illPAftlr'RPb t.AandtMbOdn ~lD Parqraph i-C ocmndby thiI ~t
an ~ tbUoWlI:
MOOtJL,B mmB ~ARtlNG DATE FOa
SOi'TWAU ~
~..~u.-. 4Q ~ 1.1983
~ Aided Dlapatda 40 ~1*
---
'I'JuJ Prccram lbiAtesl&ACIIr. ~ ill ~ a MlaciaW wi. am. ClIBCZW!t i.-:
TWJ!:LVE THOU&ND TWO RUNDRED AND 8EVI:N'lT FIVE OOI..I..ABS ($1.U75.00).
The ~ oCallowUlo ~iD tee ~bt l'!lftpapb a .~~t.
IN Wl'l'NB88 't%""HJ:1UJOI', ALB. aM CLIEN1' Mr. ~ &JliI ~, &be day All4 )'Ml" fIrIt abo.. wriUen.
A.. L. ROARK Al'W ASSOClA'rES. INC. .
(ALll) {CUENT)
By: ,
- By:
Titl,,~ Ttt.la: .---.--- .'~ ._-
n.u:: Date: ---------
,.
:=iEr"-iT B'y': r:::; L FCI'3.;'~~~, ;.: A:::.:::. DC :. c..tE:'5 8:=:-05-93 10: 44At1 6062783.35S~ 407 278 4755 ::l 3
j
, DEFINITIONS. For purpoAe' of this Agrl!lement. the b4 blV6~d. &:l)d correcteci, md. CLIm.'T &hall
...
followiL:.g ~d ~nm Ihallllpply: pay AI.Jr, then c:tJ.lnInt tUn. rate fer all ~
provided. cw.d. ~ A.LR for All tnlve1 time
A. Th.. term ~L1I:enaed Progra:n" :hell mM11 a at th. the!l C'l1ffent tl.Ina ratIl. materi.ala &n4
JJeena.e;d i..nformatiDn proceelliDg ~ or otblr out-of-pocket UJ>>~' ALR Iha1l not be
proif=lil canaiattll.i or a aerlaa ol1n~l! crt l'IlIlpOzwihl. ibr prov1d1ng ma.ln~ and
!ItaWmenta in JIl.8Ch1ne readahlt form a.nd wlili:h I'l1pport to tbA UcenJed Prosram and ~
) 1.1 krwwn.. Community M~nt ~m or uapt tM>ugh the authorl%ed Ux:.atia:n fbr
apecifi.c 1:IUlcl1.l.lM ClCthe Comm~ Man~nt CLIEN'l-s 11U or the I.JoenMd Propam and
Sy.tern. MatarW..
B. The tAnn "LicenMd MlIi6rtala" Ihalllnelude the B. Any c:ha.aee. ~ or ecl1ancen'lant to the
object and 1Ou:n.'8 code and 'Mlo..n.l. ~Md in ~d PMsram by CLIENT or any othar put1
~A with the LiolmJIed Proenm. al1tbori&ed by or :related to CUENT. withDut
ALR'. writteD autborlaatiun ill an unauthorized
C. The tam -~Prosram audKawiahl- tlWl clwlp; ~d aAer w.ch unau\horised chanp,
MaJoD both the LtcenIecl Prasram and J ,u-..ft...q tba A.LR, lot ALB" optiaD, mq vold tb1.I
MatarWa .. de&acl u.w.. ~ or pzavIda ~~ that zwru1ta
tbe.refram on ALW. theJl aurrent ti:Qle ~ for III
J D. 'I'M t.erm "Up.We" Iball mean ~pdat.ed JII'OIIUl IelYb ~ plWl travel tlmc at; the Uwtn
losl=r ~ ami. IO\m:e oodeII, ~ .....ftWlt.1bt c:urreDt tirQe nte. mltAriaJa Id other out-ar.
clwlsa' fA comdlmolm 4efeclta oftbe Llceued pocket u:pe~
~ awl Materiall to m-iJrta.iJt o~
quaIitJ .. to uma; aa4 to a;puul tb8 capald11tiee C. JI'or the termQtthfa ApMment. CLIENT shall be
of the LloIa.eecl Proanm aml Xateria1a. eZlUtJ.d to u. ALB'.telepboM U51sta.Dce
M1'V1ce. ThiI I8J"Vice oaer. .. JIOU!'Ce of
E, The term ~..&" tball lMaD u.r ~ t2r c~ to ute hi. IOIYiq
program. uq part ~ or 8D'111Ude1iala :DOt 'lMI$di.t.. ))Rblltma.. .. o.mr ~
Ulcluded in the LicrJuNId Proaram cel M&terialI I1lpport. 'DIe .me. IbaU ... anDU1e tD
at the tbM of eucu~ oftbe JII'OSI"QU LbmN CI..JENT.. .. put Dttht ~ MII"t.A""~'"
~ tbal i. ~ by ALR to1' the Fee ~de8md) prari.cWOLIENT'8ue
I..ioeneed. Plvgram ud l4aterlala. An of the telophaM uetatece .me. claa. DOt
. Ew~"t wm--jIUlanll1 mwm an added emMed the au=beratlwlun ~OD tho cxrnr
fuDlltiDn to ~ 1ioIDu4 ~.) aacl1ll8i1 be pap !n atX1 aiqJs au m ,..r ter= u:aa.r thla
~1IU".w. ~.. kr1 telep1xma ...wtauc. ..moe
pnMdlICi by ALa to CI..IDIT tA QCeII of the
F. Allow~ out-at-pocket ~ abaU be t.hOM allow IIpIlG!.W boIm ab&1l be c:h.a.fpd. to
.,?tl"" iDaIrNcl bl ALB pu.m&At to t.hbI CL1JlINT u AUl'. ihea aurnmt. time rat.o for
~ ~ he Nimbu.ned. at ICtIW oalt, urvSceI. '!'be..m.:. ebaU be avallabJ. ~
cuept that mula aAClJodalq ~ slWlut. 8:00 a.m.. ucl &:00 9A Joca1I11l'Vb at&e time of
BXOil8d 'UO.oo 96r clq par peI"IOD. AL'R, wMk4a)'l ..pt ~ buam.. haUda)..
oblel'ftCl by AlA Boon or..me. ....1Ubject to
2- PROGRAM MAINTENANCE AND SUPPORT ~ at ~ 'Irtth J.1Ilt !au thq thirty (80)
SERVICES. AL1l wtU pnInde to CLlENT ciurblf the cay. Jlatil:e ~ AUt to CLIENT.
tem1 of thia Agreem.& prosram main*uce and
mpport aervU:u .. apedAed heretnafter in this D. CLIENT 'C1q ~ ALa", ..~ It
P&rIJgI'Ilph 2. It.Dy aMWooaleervicM wt1l b6 proWltd CL1EN'r. locaUon. SWlh on-tll.u uUtuce will
by AU1 to CLlEN'1' u.pon raquMt by CLmNT at ALa'. be FOvfdK by AIB at; its theJl c:un-ent ttm.
then ~ rain IllQject to avsllab1lity of ALa . rata, plue tra.'9'el t1ma at 01le-h.a1l (112) the
pulC)Wlel. eurreDt time billing rat.u, p1u. materlalA and
other outoQ(.poclcet ~ rubJect to
A.. ALR llhall pravSde CLIENT w1th the .....it'lt...'\~ avall&hU1ty at AI..K ~t.
and repah- of my ~1'Oclucnu. prqp-8m arror 01
malfw:u7t1o.o. that m&y be ditcavered in ALR', E. Cut&!n EnhAncement.! d8wlloped by ALR, if MY.
uM11.e~ CUlT'*nt Li~d Program. and. wlli may be ::n..&M available ta CL.IENT ... a pan at
provide IlIIY Update that may be ro1uaed and the Ptoenun Maintl!m~ F~ (hareinAt\.er
~ generally available by ALll fmm time to daftned) paid ~r. AIJl &hall not ha.... any
time. CLIENT thall notify Al.R in the form reapoD&ibillty to CLIENT for lDrorponting any
4peci.fiad by ALR of aD 8ttW or malfuneUon. lUll!. EnbllW?.....ent into CLlEN'Ml -ratoQ. ALR
a1teT tnvettlptlcJ1 by ALB. it it determinaa by .pecif!to-ally bAa l:D obUpt1on to ae.,.lap any
ALR that the prcl)lem ia dua to CLIENT err-..r 1n E~nt. Any Enh.-nOB:alSut ma.d&
the UIl8 at the IJoenaed Proil'B=o U Clppoled to a.vA1lable by At.a to CLttitNT .nd &CCepted by
an GlTOr, defaet or DOlIQ)n1'cn:ait;y in the lJeen&ed CLIENT aball ~ a part ot the l.ialueci
Prasram ltaelf, at CI.IEN'rS req,uut aDd at Program andlor Lie.nud Materiall.
A.LU'. diJ.cNtion. such sll'Wor m.alfuuc:tion ahall ~""'''''-tM'D~'' ~ \lndbr thia ca.n~ ahrJl
..
..
88-05-93 10: 45Pj\1 60627;='3::;55~ .J.D? 2~:=; 4"755 u .,
SENT BY:A L Roark & AssociatEs ~ -
J.
not remove allY capabilities =t.B.iued within th& servl~1I hereu.nd<<r do not lncluw. ~, ~ or
~cl ~at.arlali &II they elci.t upon ted.rN, 14.lea, 11M, ~, penow pro~ or
the uecution of this agreem.nt. If any other sinillar taus, CLIENT ~"""~a AU
Enhll.nDement mAde Ilvailahu. to CLlENTby ALR l'eaponaihilliy a.ud liability far ~ aruch tau&,
hereunder 1.s not acceptAld by CLIENT, tht!n and apws to indemnUY AL.~ &11 t.a 1!Ule.
ALR'. obligations under tbli; Asree~nt ahall
) t.nntuat.e elfootive nJnety (90) da,}.-a f.o11oWini the '" All tnvel Upenaea a.nd. t....~l time berm! by
v.
d.to any tw:h Enha.n.cem.ni Wat 110,. mada CLIENT in IIIXOrdanct with the t4lrm. of thiI
available to CLIENT; and upon au..ch ~n, ~nt ihall be promptly 1Iolmbuno.d to ALR
CLIENT shall Q.Ot be entlt1ad to au,y re1\md by CIJ:Er.t'i' Upo1:1 AL'a'. ~~ of~.
whet.bv 1u whole or In part, of the Pl'otInsm
~ce F. (hereina1'ter da1lned). 4. TERM. Perlb2'm4Iloe undirr th!.4 ~mont .ball
co~ for an initial term of ODe (1) YHJ'. At the end
F. ALR ahall not hive any oblliation to proVide any or the initial tarm or any ~t ~wal ten=.
traJniDa to CLIENT or CLIEN'rS pel'IQI1Ual tbJa AirMm6nt aiWl be ~b\...,t1talJ,y ~ fbr an
wufn thiI Aanemant. additional one (1);year term (~ve the &nA1V81Uly
dAte of t.biA ~t) upcm CLIENT'S t1mely
G. CLI'ENT Ihal1 be tnv1Uld to ~. one (1) payment. of ALa', applicabla Proaram lWntenacce
J empJDye. to atteDd and putSd.pato in ~ uaeta Fee IWl previeW AI.:a is then o<<-~ p1'Oi1'Am
IJ'lII1P which aha11 meet cluriDf the term of thU. mafn~ u.d wpport -rvbll for the Lloen..d
~ ud to NC:8ivv !mY neweJet:er Dr PnIgnun U1d Mat.erW.. ALR. &1 ALa'. we option.
lntormatiDDalIlWelfaJa which Ib.a11 be pnpAZ'ld may t.enDinate ita ~ U!lder this ~t
by AL1t tor cllIt.rlWtio.a. to UIIIJ' crouP membera it CUENT:
<1urm,thia same period. ..u.R ia DOtra"P""oq~
fbl' aJI7'~ ~ tee. ..-4.t.Q with tba A. Fails to t!.mely pay any aum IN.v under thU
attezlclauo Q. the uler group b,y CLIENT. aplemeDt;
employeea. no.. DOt acaept I.!l~~ment by ALa
B.
8- PAYMEm'. In ~Ucm of 10M program (8UbJ.:t ~ U. time limltJatl..... provtded he1'&h1);
'- nuoi'""-ntl:act IDld.IIUppQI't Ienbs provided hereIwIar
. (ucludma aema. which.,. R1Uec:t to additilmal C. Faila tQ keep the LiceDNd Proaram c:umnt all to
c:harpa .. provfded m WI A"..mem>. CLmNT elTOr oarrectinna and UJy Updat.a;
lIgnIq to pq AL1l . ~ M'aluteuaaae F..
<henin ra&ned to.. "Pmpm Ma1ntenaDce he">, the D. Moditi... amend" IUldIor ...J.......- tn. LaMed
Amuwlt ~.. tpeci&d.. the COYer' pap oCtbD Program, UcenJed Matert&ll, aDy UpcIat.s and/or
~nt. for 1oltfa1.....oftbIa~ 'l'b. any Enhboemm1t, wilhout the aervicn or AtR;
Propm Wat"bwI-act 11'.. tar ~ l'VDeWal t.erma and
hennmdar m.n be th. II&IDt amollnt .. tM Pzognm
~1I&JJaI F..lorthe fDWaJ Mrmhennmderun1e.. E. Breacl1H Dr dostaulta u:nd.er any pmvWon of the
cl1anpd. hT AlB fmm time to time wU:h D.lIItioe to Pmsra= ~ Ap.ment.
CLIENT ~ (80) ~ prior to &Ay audl nlDewal
term ~ Au- wbJch IWIh ~ is to be 8. WABJUJ-."TY OFP1l:RFORMANCE. ALR DISCLAIMS
cft'ec:tive. Such chua- 1Jl r.e. mau DDt axceed the ALL WARRANTIES EXPREss OR IMPLIED WITH
}lCl"CIIQUje mown OIl t:be ecwer ~ P~t for t.ha REGARD TO MAINTENANCE AND SUPPORT
butial tarm UDder tbla ~At .ball be SERVICES PROVIDED UNDlI:R THlB AGRF.F.'M1l'JIlT,
i.mmadiateb- due and pa,vabM upon thAI ezeaWo.a ot AND A..li'i UPDATE OR ANY ENBANCEMl!:NT
th1a Agnemeut. P8iJ'ZUQt fw uyreDOwal term 1U1der PROVID~D UNDER THIS AGREEMENT,
thia ~ IIhall be InvuiOllCi by ~ thirty (SO) INCLUDING, BUT NOT LIMITED TO, THOBE
da~ prior to th. nlD08wal d&&e and .call b. ~ and CONCERMNG Ml:B.CHANTABILrrY A."ID FlTNEBS
payablAl by CLIENT withb1 thirty (SO) ~ or IIIlCh FOR A PARTICULAR PUlLPOBE.
I.I1volce date. ALR. at ALa'1I lOW option, may
tenntn.~ it. oblJptioa. undertha ~l1t Ihould A. ALa doetI not ....arrant that fwlctiolU con1&ln<<i In
CLIENT fail to timaly pa,y all BUtnA due under thU e.n,y Upds.t.e and/or any Enhanc6~t will mMt
~ent. CIJEl'."T'S l't'q'.llrementa or will o~ in the
cocll1l1at1on with ot.h.eT ~"&re t.ha CLIENT
A. Any IlIIlOUnt due una.r th1a ~nt whlch ia Ulei,
not p.aid within tweDty (20) days of lte payment
due dato h~c1er ahall be lII1bJec:t to a 1lnlUlOO B. f.-LR shan rotn'ct at J..LR'. plliCtt cl b-.;.sine.. &ill
clarp aa:ru.iDg 60am rnu:h date until PiUd. Sud1 ~ e.'Ttl:"1I or !atlut-3. 1n a:!ly UpdaU and/Qr
1in&nce ~ ab.ll be calcWated At a l-aU at' by E..:uuncem.r.r.t d:urlna'the initi&1 term:Jr!lIlY
eight.n (lS~) ~t ~r &.nnum, or the r.onewal term herewul.lr. In the want ALR
ma:dmum cha!p allowable under Itilplical:l& lAw, d.oto:rmi.M8 aA.r inwlJtigllt!an thai ~ Update
whk:hevv 1& 1_1'. &fJ,(Jw any :;!nh.~""~l:lt ill fnwl of t-ol-,nl.c-<<l
ermrs or fllJlu.ra1, CLIENT &hall pmxnptly
B. ThePrognqn Maio.ta"'lIlt:e Fee and f6e for ct.h.cr rel.mhurw ALa f.1r time upendect tot 1t.l then
'.
..
SENT B'i:A L Roark & AS5oci~t.es [1:3-05-9.3 18: ~5Ar1 E.062783355~ 487 2?;3 4755 ;; :=
CUInlnt ~, pIllS travAl time at the then 7. LIABILITY OF ALa. ALR 2greoM to it.de~ and
current ra1e1l, nu.t.erialli and OUlM out-of.pocket hold harmless the CLIENT, ita otncen, employ..! and
expe~&. ~ta fnm1 and apiut alllOU&I, cotta. apc;ou.,
includlni att.or:1ey'1 tees, ~ ....uta and,r.Jd,menta,
J C. No emploYll(l, i'.ger.t or reprllMntative of ALR hu ",hatBoever, in mmulct~ with ~'ury to or cUia1b of
aut.hority tQ bind Al..R Ul tuJy onU repr...nt.&tion Ill:l)" ~n or persona or leu of or d&map to ~
or warranty ClJl1OlI~ ALA'. performant:e rellU..lting f'tam any IUld all op&:ratUlna r.agUpntly
hereunder. An, written re~..nt&tl<Itl c.T ptrlonu.ecl by ALR. The C~"T &n4 1t.s employee.
WAt1'arlty net mrprel!l6l,y coc.tained in. thU ahall be NllpoMlb1& Cor their OWll neg:Ua.nce.
~nt shall not be enforceable by CLIENT.
8. DEFAULT AND TERMlNATION.llu.rinithe rontract
6. PROPRIETARY AND CONFIDENTIAL period. the C1f;y ~r or liliJ d.~ who Ihall be
INFORMATION. CLIENT "i1"Mt to pratac:t the the peraon de~ !n Pangrapb 2G 01' tbt.
confidential I1&ture of the Licenaed. Prosram and A&reement ahall ...... A!.R'. p6rlorxnanoe ot the
MAterWa,lIDy Updaw and/or auy Enh.P.J2cemant, and A,rMmenL lD the ml~ of a bzeuh at ~ by
tUrtber agreea t1u.t CtIlly CLIENT, CLIEN'I"S M1 time ALa, dd'aWt. Ill' ,.....t:l.CtIdory perfo1'U:l&lWll by ALB,
J empJo,ree., and oth.r illdividuala appmvell by ALR In at weu.ed by the 0il1 Manapr, or U ALR pezfon:a.
wrlt1ng shall h.ve IIClCe8lI to Kma. CLIENT aerees to in & m&1Ul8I' that precludes the City tram
etlt:.ahltllh.. ftUlh,tldn and eUrOll>> Z-""'''Ahle ~ a.dn'lf.altt.riqitll fim.atizma in an eftJdeot ll:WUler, ADd
ZZWM\U'e8 to ~ ~ the aalIU to the l~ci U after ta (10) bwIiM.. da1l followiD4l written nota
Prorram and M.&teriala, and &D,Y U;pcWe aDd &Dy therec( ALa baa bee. unable to te~ 1IUc:b hn!llCb
~t, by anyona other t.hm CLIENT, or pnl1ida ...~.,..c:tor,y perf'orm.anoe, than tha OLIENT
CLIENT'S Impla1"' and other mdi9fduaII approved eha1l, UJIDD WI'ltta. MtSce to ALR. be antboriMcl to
by AlA 1:0. \niting. CLlEN'I' aa:ee. to store the e&mlIl t.ht ~ thereafter l"IHIVrina' the 11a!U CO
LkenMcl Proiram, LicanMcl MAteriala, IlD7 U~ ~ .,.wi ALa AIr lUI.J c!ama&- pemdu.cl b)-
and auy lil"},.~"'ment 1:0. 8 ute plaI:e ad record the law, which Ihall iDducle reb:Dbunement of &D7 mma
name or each perl$On hAving IICCllIU to the Lfam.ed paid by CIJ:INT tAl ~ current WppaJt,.,.
Pro~ Lkeued MaterI&1.. "1JY Update &IldIor ~ prantecl ftom the tDClS or any ~
r.t1hR~ CLIENT aereea to t.ake appropriate .uutiozL otthia ~
a4:ti0n, by inatructicma, ~meDt, I1r' crthanriu, with
IUIY perIQd haYirlB AOOeI. to the Lk:entecl Pmgram. ALa IIha1l =t be rupcuible for &DY t.dlDnt
LlCllnlllMl Materlala, any Upclato and/or ~ da~ to the ..u.r.~ of the otty Manqw or
R"h'D'"'l)~nt Il1O aa to enable CLIENT to Ntla(y hJI de.igue to b. d:ua to ~ ac:c104 at 1DacltI= em the
CIJENT'S obl/ptWna under thia Paraaraph 6. part of the CLmNT.
C~ to promptly DOtify ALR in W1'IttGi In FalhmJ b7 CLIENT to eompl1 with ~ term 01'
the eWllt any unautbortzed pet1ICI1 gaiDs aIlCM. to tbe
~AMd Proaram. Lioenaed. Materiall, lUI.J Update coDdl&J1 uMer tb1I Agnleme.nt IIbal1 _title ALR to
lUldIor a1))' EnhanCltDWlt. siva CLIENT wdten IUItio. reqWr.lJ1nr it to QmJ lJUCh
default; pt'OYicW. how..,.,., that 1t CLIENT ~t.
A. C.I..I&NT admowledp!l that the LlceDMd &D,y olthe ~1lI otP~ 8 hereof, thia Initial
Prvil'&m. ~ne<<J MaterialA, any U~ and/or ~nt aba1l fm'1llllC11ately t6rm1J1aU. If'the
any F.nb.~oo:awnt, contaiu proprietary &xlii CLIEN'1' h.. DO& mm__d to eunt lIIleb de!lolt
conftdantjal1nf.ol'lnAtion. within tan (10) bu.Ue.. daya aAer receipt af nota,
than A1Jt abaU be atit1ed, in edditfcm to any otbar
B. CLIENT asnoe. DOt to lend. lIell, laue or right. it may have ~ th1J AareemeAt or otherwiM
othet1ri.te diBpolle of the LiceDlOd Proeram. under law, to ten:oJaata thia ~t by IMDI
I..it.uAsd MateriaIa, An)' UpdAte and/or a:ny notice tl) taka t&ct fmme&uly. Tha rlabt. af eit.h.
EnhR'lOement. CLlENT further 8fI'HlI not to puty to ~ tha ApMrunt harwnder ahallll.Ot
give any penon oth8r than full tune employ... or be ~ In a1))' ,,~ !:I,y ita waiTer" at or faiNre to
CLIENT llOltilll Ui LiceIllled Progmm a.nd take ACt1OD. with zapeet to any FtI'\-1o.... d.4!I.ult. UJlO.Il
MatcrWa. the term1naLloA of thia Ajnement for & vlDlat1an of
Pangnph 6, CLIENT shan return the Lieemed
c, CLIENT iilW1 be P6rnUt'..ed t<l m&k.e additional Pro~lUl1 and Material., a.ny t1pd.to, and 8:rJ:f
copies of t.ha object code for a.ny Update andIar Enhancementa, and. "tl)' eup1e. t.b.ereaf', to ALa and
any Enhancement provided INch ccpi~ at' ah4ll ce~ that it no lcmsu' hu AAY ~ to Uae the
neceilllt.a.ted by Illld lllI6d ftXclaJ1ve}y fur LiCW1.Nd PMgn.m an4 MIter'.4la, Upd.a.tll!l lUld any
CLlENT'B !I4lC\U1ty pIlrpollell, CLIE."'''T ohall give Enbancementoll. a.nd that the oriaind .u. all copwa of
AI.R t4n (0) daYJI prior wrltun notice of ita the LiCltnaed Pma:ram and Materials, U;y UpdAtM and
i.ou!nt to row 8..t;Y mpiw for lu.c:h purpo....e. If any EtlhanoellleJlta, have b..11l'*t\l.1'lled to ALR. Tbs
l'equeeted by ALR. lu.ch mpies shall not be::!Uldll term wcWault" u uaed in th1J Agreement A1Wll.ncluM
by CLIENT. All CO~l shall be th2 property of the institution ofproceedinaa by or agaicn ALR Wl~r ,
ALa. ~pt AI ot.henme lpedfically provided. r.dal'tJ or .tate b&Dlrn1ptcy laws, IlUd &J1 aM:,:c.meflt
CLIENT ~ not to copy iI1 whole or in part or rtlat!venh!p tor the butadt of credlton. ThSa
any Update !Uldlol' any Itnh"'''''''ment. &grMJ!)ent m83 be te~ b;y the CLIE..~ tor
ccuvenienClt ~.ar one (1) year !ram tb4 d..t.e or
'.
..
SENT BV:A L RoarK S Associates DJ~J-D5-'?3 1~:J: 47H:"l e.C52?E;3355~ 407 2'75 4755 !=l E
tm!lCUtion of this ~ment upon nctice to ALa. All D. ALB ah.a.ll !luhmil II. Certi.fi.:ate of lrun1ra.nce (or
~nte due from Cl.IENT to }...L..'i. whl;:.h were apprcrVAl by the City. &tel ~~t.9 ~ ltata
j e&rned by AL..~ up to Il.Od ~dhg the Q.au. of the th~~ tb6 1U'.llng c.=pa.c,y will prov1~ thirty (SO)
notice of ~atbn, will b.J psM by CLIZ..1\w"'T. Tl-.. tiArii ~:l ~tk:e to the C!..IE..lf1' in U:.. .vtnt
LicenJl8d ~ and Ma.t6rlm ahall be Unl:D8d.i&tely it:.t:h ~~ca a \Q boo iarminated.
~tumed to ALR and CLIEZ-.'T Ilh.ill oertify that it l1D
Jonser hu any ~tJJ to u.e the UoeJ:.&ed.Pro~ lWd 1&. G&,\'ERAL PROVISIONS, Th. ~1Z1i' i"'uer1U
Materi&lB aM tlut the orlainal t.nd all oopieu of the PNvi8.iaM ahAll apply U1 the perlDrm.c0li at t.h.La
UceJ1.lIed Pmgnm and Materials hAve been returned ~nt:
to AUt In the event AU or n. 8UCalSflOl"e and/or
aujgDa C9uee to carry on bU4~eu, C~"T shAll A. NeIther po.rty ahall he l'elpanlihl. fa:" d.eay or
kee9 !or ita IOla UI6 All Liceaaed Progratn Material>>, fe.llure1n~ ~trom&cta beyaDod
iIKlludhtJ ~ codM and object code ~d any Upda,ta tho CCU1tNl o! Il1ch ~"t1. Sw:h -.:ta 1h.Il
~or Eahllllot'.......t. 1nclud.e. but lWt be limited to. aJ1 act of God. an
~ ut of war. riot. an epld.emIc. ftN, Good or other
9. CLlEN'l' STAFF DESIGNATION. CLIENT ahall dilUter, a JItr1k. QJ'locSm1t. or a co~t1on
dampata OM (1) qualifted CLIENT sW'I' member to Une ~ i:Ir po1'Itt fa1lure.
wark with ALa in t.ba performance of this Ail"Mmbnt.
CLIEN'l"a autb.ori&ed reprel6nu.t1~ duill MV. thJ B. MY ~Q ~ ALR uncial' t.hiA ~ment
antborit:y to hind CLIENT in decia:Ion. CLIENT mlUt be o:lmmellCllld withic tour (4) )'Un after
aclmawJe<Jge. aJ1d un.cL,nt..Dd. tha.t ALR will "'11 such CAute of aa1cm. aa:ruaa.
UpoD. CLIENT aialf member hav:l..nJ the .uoreaaid
aabm,y. CLIENT.IJl'"S to give ALR reucmAb.kl c. This Agreement Cltlntunll the entire
advanct nett. as to the ideJ1tit;y of such CLIENT ataft' u.ndel'1ltJl'1,.JI"i atlh. parUt. w1m 1'81pect to tbe
memLw III uaJsn.a to work with ALR~ and upon ma..~r audaintdherefn. There III no ~
, l'HIIOUbkl request by A.t..R. ClJEllot"'T ~s to e:lvenanta or UDdertaltJ.D&w atl1ar ~ tboN
. wbItltuta &DI)ther OLIENT at&ft' member with tiw expnlU1YMt tonh~~ ~ mq
idDJUatd mtbority. not M ~ or acIIpt h1 WTltten
inat:nmllnl1. s1pci by Q~J1Iecl reprh8matbu
10. EMPLOYMENT OF ALR PERSONNEL. For a two (2) of ALR aM CLIENT. No emp1o,.. or.,.1U. or
yalll" period ~ wUh tho t&.-min~ of this ALR baa mt.bcrtty ttI ~ 01' &lDBU tbia
~t. CLIENT agree. lor CLIENT and any Agreo.m.ent withMlt. Approval of &A ofDcer at At.1l
alDJ1ate or trUaleUOr of CLIENT DOt to emplDY, ---
GOAtnct with or IellW1'l, ctbar ~y or lnd.lrectly, D. If an)' of the provU1<ms or ~ ~ aN
tha ~ aDy at.alr member-of ALa (WM 1I..11ta.fr declared to he invaUd, m.1c:h provSIlonJ IhaD be
member 8t iu.ytIme during the iWtiPl and/or any Mver6d from th.i.a ~ and tha oth...
re..",al tenD. at th!a ~nt). proviaions b..nat shall ~ bl ft1Il ton:. aDd;
efl'.i:t..
lL EQUAL OPPOBTONI'l'Y EMPLOYER. A!.R
l'epl'eMnta to CLIENT thAt it 10 lUl eq>':lIU opport\l.ulty E, A wai~ 01 II breacl1 or dafault '\l.n4er un.
emplayttr. .~ ahall nut be .. w&ivaJ' or ~ other or
lU~ent ll.t\wlt.. Failu:e or ~ by eitlwr
12. INSURANCE. ALR at Ita own ~m.e Bb.al1 prooll'e ?ArtY to ec.!orce aompl.ia.aoe with any term. or
and mafntain the tal1owin(~: coI1d!t1on of thia ~m IlWl DIrt constUute
~ wafvw of.wlh term 01' ClQZ1cUtiOG ~.. wcl1
A. Womer'. CoD1pelll&tion Inauranco. ALR ehall term or lXl.ndl&n a wpeci.5calJ;y w..m.cl in
have Warbt's ~mpenution ~ Cur all writina.
emplcyMs and r'\'lqUire any .~l'lI to
have 1IUt:b mllW1l.Dl:iO in the tollc....-iJ::.g amoun1.6: F. Tit.!. a.nd ~,h headinla cantainJld In t:hiJI
.~nt are for amve~t re!ol"eDDI:I IlJ1Ii do
a. StAte St.d;'.ltoIj' not ccllet1tute part of thia ~nt.
b. Applicahle FedenJ. Stat".1to l)'
c. Employer's li.i.bU!ty with G. Tb.i.a A6ree:clent &ball be Oin&i upon and inure
llin!t of$lOO.OOO each ~nt 1.0 ~ beIlent of the partiaa to thit AirM~ll\
a.nd their respective .~"' and usips,
B. AU ahall provide appropriau lli0illt:; ir...-u.ronce
in an amount not leu thJm $SCoO.OOo:J.OV for ill l:L Any ootJOOt N'1U-lred or pel1tl.ittec! tc be ..nt
pereoMl Uijuriell, death tit" ptopert::-~. P"'''' \:.nde:r thi. .~mcnt l:.b.ill ho Qe1jver&d by had
OClCIUTllnce, ~ riurms th. POlk-I ~riod_ Th.. or l:l:l.8.illlli by cert!Lcd DW1. r.turn receipt
CLIENT ahall be n-.n;oo ~ III adAitior.al n:q'~est<:cl, tc thlt add:tes.e.es otthe pa.rl:ies first Nt
.1nBunld. forth 1.n tlm Azz-~t. Notice 10 ar.:t will he
d.wmtd effecdva when dalivered bl tl-.e a:.ail
C. Pro!6uloXlAl Liability !nJtura.nce in an a..roount (with po.......,. prepAid).
not 1... thW1 $800,000.00.
'.
SE~T BV:q L Roark & Associates ~2'.C;-05-S3 '1.0: 48At"rl 6852'732:3=;:::;7 ~~J'-.-:> 2~':=: ~7::,5 g ....
J
A.L. Roark a.nd ~ate&, me.
406 &i;e:mont Garden
Lexington. lIT 405<lS
City of Delray Beach. Florid.1
100 N.W. bt Avenull
Delray B.eat:b., FL 8M4-4
1. This agreement ill +Wt deemed Ul haw *n
ezecut.ed until t.he fe.e for the initial period or the
renewal period. h.u hHn ~vW at .ALIi'. pW:ot
'I of bua:inear..
.
J. The terma ami wnd.itiol.1ll DC tb.iJI ~Ilt Ihall
be interpreted!.rl a.cxwduce with the It&t. law.
where the CI.IE.NT'. pr!nary or&e ill lDoal;ed.
Any miou ehall be concWc:t.d in tM court of
appl'Opriate jurtadJct10n Wit.h1d the CI..1EN'r.
.tate.
K. kJy Wdividual eDC'llt1n( th1a Agreement em
behalf of eitJlar ~ or CLIENT iDd.I.viduAlJ)r
w Iln1lnie that he or sh. hl&ll authority to de
~,
.
-----
. ---
"
..
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEROJv1
SUBJECT: AGENDA ITEM i ~e:, - MEETING OF AUGUST 10. 1993
AMENDMENT TO THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF
NATURAL RESOURCES
DATE: August 6, 1993
This item is before you to approve an amendment to the agreement with
the Florida Department of Natural Resources, Division of Beaches and
Shores which extends the agreement for Beach Renourishment funding
until September 1, 1996. The current agreement expires September 1,
1993.
Extension of the agreement will allow funds left over from the Beach
Renourishment project to be reallocated for beach performance
monitoring, environmental monitoring I sea turtle protection and dune
revegetation. Normally, the City would have to request and lobby for
funding for these projects annually. However I with this amendment I
the City will not have to seek additional funding for the beach
project through 1996. A detailed staff report is attached as backup
material for this item.
Recommend approval of the amendment to the agreement with the Florida
Department of Natural Resources, Division of Beaches and Shores which
extends the agreement for Beach Renourishment funding until September
1, 1996.
..
"/\
. 0'
fI71
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
(.~Yo~
VIA: : AVID KOVACS, OI;ECTO OF PLANNING AND ZONING
FROM: JOHN WALKER, PROJECT COORDINATO~ ~~
SUBJECT: MEETING OF AUGUST 10, 1993
AMENDMENT TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION REIMBURSEMENT AGREEMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of an amendment to the City's existing agreement with the
Florida Department of Environmental Protection for
reimbursement of a portion of the cost of the Beach
Nourishment Project.
BACKGROUND:
The existing agreement for reimbursement of Beach Nourishment
Project costs (DNR Contract # C-7115) expires September 1, 1993.
Since the Beach Nourishment Project was constructed at a lower
cost than originally estimated, there will be funds remaining
from the State allocation after all reimbursements for
construction are made.
The project requires on-going work including beach performance
monitoring, environmental monitoring, sea turtle protection, and
dune revegetation. Normally the City would need to request and
lobby for funding each year from the Legislature to accomplish
this work. The Department of Environmental Protection (DEP) has
agreed to extend and revise the existing agreement so that all
allocated funds can be used by the City. With this Amendment,
the City will not have to seek additional funding for the beach
project through 1996.
This Amendment covers the State share of all the follow up
monitoring required for the project, as well as sea turtle
monitoring and dune revegetation, through September 1, 1996. In
addition, two new items has been added. An economic study of
the benefits of beach nourishment is requested by DEP to aid in
their continuing efforts to establish a stable source of funding
for beach management. Also, a contingency item has been added
to cover unforeseen project cost. The line item for dune
walkovers has been deleted. Remaining project costs are
reimbursed from Federal and County sources.
..
City Commission Documentation
Amendment to Florida Depatment of Environmental Protection
Reimbursement Agreement
Page 2
A detailed listing of the proposed changes to the State's share
in the agreement is:
Existing Agreement Proposed Agreement
Beach Fill 1,553,863 1,153,989
Sand Search 150,000 99,000
Engineering 115,723 119,286
Environ. Monitor. 74,347 143,323
Sea Turtle Monitor. 22,178 69,074
Beach Surveys 57,375 109,890
Revegetation 7,500 39,600
Protective Walkways 26,250 --
Economic Study -- 32,205
Contingency -- 240,869
Total 2,007,236 2,007,236
RECOMMENDED ACTION:
By motion, approve the amendment to DNR Contract # C-7115 for
reimbursement of the State share of Beach Nourishment Project
costs.
T:\Advanced\DNRFUND3.DOC
'.
. .
DNR Contract No. C-7115
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF BEACHES AND SHORES
EROSION CONTROL PROGRAM
Project Agreement
Amendment #2
This AMENDMENT, dated this ____ day of , 1993, by and
between the Florida Department of Natural Resources, Division of Beaches and
Shores, hereinafter referred to as the DEPARTMENT, and the City of Delray
Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project
agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991,
amended November 1, 1991, pertaining to the Delray Beach Nourishment project,
hereinafter referred to as the PROJECT.
The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following
changes and additions: .
Paragraph 2 of the PROJECT Agreement is hereby revised to read as follows:
2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the
eligible PROJECT items identified below subject to acquisition of all
requisite environmental and const~uction permits. The PROJECT consists of thp
nourishment of approximately 2~7 miles of shoreline in the City of Delray
Beach (Palm Beach County) approximately between DEPARTMENT range monuments R-
180 to R-189, using approximately 1,020,000 cubic yards of beach quality sand.
Appropriate pre and post construction monitoring will be conducted.
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs for
the PROJECT are as follows:
Estimated Costs
El igible
Project 75% State
Total Federal Non-Federal Cost <88.0X) Share local Share
Sand Placement 4,003,820 2,255,351 1,748,469 1,538,652 1,153,989 594,480
Sand Search 150,000 --- 150,000 132,000 99,000 51,000
Prelim. Engineering 204,696 115,305 89,391 78,664 58,998 30,393
Final Engineering 120,296 67,763 52,533 46,229 34,6n 17,861
Bid and Negotiation 10,000 5,633 4,367 3,843 2,882 1,485
Const. Supervisor 48,277 27,194 21,083 18,553 13,915 7,168
Const. Surveys 30,600 17,237 13,363 11 ,759 8,819 4,544
Envir. Monitoring I 165,581 93,2n 72,309 63,632 47,n4 24,585
Envir. Monitoring II 151,700 85,453 66,247 58,297 43,723 22,524
Envir. Monitoring III 78,600 --- 78,600 69,168 51,876 26,724
Beach Surveys 166,500 --- 166,500 146,520 109,890 56,610
Sea Turtle Monitoring 104,658 --- 104,658 92,099 69,074 35,584
Dune Revegetation 60,000 --- 60,000 52,800 39,600 20,400
Economic Study 48.795 --- 48.795 42.940 32.205 16.590
Subtotal 5,343,523 2,667,208 2,676,315 2,355,156 1,766,367 909,948
Contingency 321,159 --- 321,159 --- 240,869 80,290
Total 5,664,682 2,667,208 2,997,474 --- 2,007,236 990,238
Note: The above coses for eligibte project iteme are not line-it.em costs.
Funds not needed for one eligible project item may be used for another
eligible project item whenever the listed estimated cost is insufficient.
The DEPARTMENT and the LOCAL SPONSOR further agree that any and all
activities associated with the PROJECT that are not shown in the above
eligible item listing are the responsibility of the LOCAL SPONSOR and are not
a part of this Agreement. The DEPARTMENT's financial obligation shall not
exceed the sum of $2,007,236 or 75% of the non-federal eligible project cost,
whichever is less. The LOCAL SPONSOR shall be responsible for all other
.. ,.""
-
costs.
Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows:
5. The LOCAL SPONSOR shall commence construction of the PROJECT on or
after execution of this Agreement, and shall complete the project on or before
September 1, 1996. The DEPARTMENT and the LOCAL SPONSOR agree that there
shall be no reimbursement of funds by the DEPARTMENT for any obligations or
expenditures for the PROJECT made prior to the commencement date of this
PROJECT except for sand search, beach monitoring, pre-construction
environmental monitoring, engineering, and the sea turtle monitoring made on
or after February 1, 1987.
Paragraph 16 of the PROJECT Agreement is hereby revised to read as follows:
16. Philip Flood, Environmental Specialist, or his successor hereby
designated the DEPARTMENT's Contract Manager for the purpose of this Agreement
and shall be responsible for enforcing performance of the Agreement terms and
conditions and shall serve as a liaison with the LOCAL SPONSOR and approve all
invoices prior to payment.
All other terms and conditions of that PROJECT Agreement dated June 18,
1991, amended November 1, 1991, remain the same.
IN WITNESS THEREOF, the parties hereto executed the PROJECT Agree~ent
Amendment on the day and year first above written.
LOCAL SPONSOR State of Florida
Department of Natural Resources
By:
By:
ATTEST:
LEGALITY
By: A..A'L<
APPROVED AS TO FORM AND LEGALITY: tt r ey for the Department
~ N.t~raa
By: U~,
. o~~dm~n~strator
By. - ~
Contract Manager
'.
..
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ?0 - MEETING OF AUGUST 10. 1993
APPROVAL OF FUNDING FOR EMERGENCY INTERCONNECT/PALM BEACH
COUNTY
DATE: August 6, 1993
At the April 10, 1990 regular meeting, the Commission approved an
emergency interconnect agreement with Palm Beach County for the
construction of a water main interconnect on the south side of Linton
Boulevard at the Delray Community Hospital. The agreement provided
that the City would be responsible for the cost of constructing the
pipeline to the point of the interconnect and would share the cost
of the actual interconnect, vault, meters, valves and appurtenances
with the County. The City's projected cost at that time was
$50,000.
Subsequently, bids were solicitated and the project awarded. Based
upon the low bid received, the City's share of the project cost is
$26,274.55.
As so much time has elapsed since the original agreement, the funding
source originally identified for this project no longer exists (1984
Water and Sewer Revenue Bond). Staff is therefore requesting approval
of a new source (Water and Sewer Fund - Water and Sewer Interconnect
Boca/Palm Beach County (Account No. 441-5161-536-64.01).
Recommend approval of funding in the amount of $26,274.55 for the
emergency interconnect with Palm Beach County on Linton Boulevard at
the Delray Community Hospitali from Water and Sewer Fund - Water and
Sewer Interconnect Boca/Palm Beach County (Account No.
441-5161-536-64.01.
-. """-
..
Agenda Item NO.1
AGENDA REQUEST
Date I July 30. 1993
Request to be placed ona
XXX Regular Agenda
Special Agenda
Workshop Agenda When, Auqust 10, 1993
Description of item (who, what, where, how much) I Staff requests City Commission to
approve expenditure of $26,274.55 for the City's share of construction of the Delray Beach/Palm Heach
County water main interconnect on the southside of Linton Blvd. at the Del ray Community Hospital. This
expenditure is in conformance with the terms of an interlocal agreement between the City and the County
dated May 8. 1990 (P.B.C. Doc. #R90-758D). The interconnect will be constructed with Palm Beach County
Proiect No. 88560B for the widening of Linton Blvd. from Jog Road to Military Trail. Funding source
is account #441-5161-536- 64.01; Project No. 90-04
ORDINANCE/RESOLUTION REQUIREDI YES/NO DRAFT ATTACHED YES/NO cV
Recommendationl Staff recommends City Commission to approve this expenditure.
,
Department Head Signature I ~~~'"' ~A" ~7N1'.3
Determination of Consistency with Comprehensive Planl
City Attorney Review/Recommendation (if applicable)
involving expenditure of funds)1
4'1 } ~5 J"~Slb
. ' .0;
city Manager ReviewI ,
Approved for agendal ~NO trM
Hold Untill
Agenda Coordinator Review,
Receivedl
Placed on Agendal
Actiona
Approved/Disapproved
..
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood /ItJ#~ 7/~3
Director of Environmental Services
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: PALM BEACH COUNTY INTERCONNECT
PROJECT NO. 90-004
DATE: July 30, 1993
Attached is an agenda request for City Commission approval for
expenditure of $26,274.55 for the City's share of constructing
the subject water main interconnect on Linton Blvd. at the Delray
Community Hospital. This expenditure is in compliance with an
interlocal agreement between the City and the County (copy
attached) dated May 8, 1990, for the cooperative effort.
The interconnect will be constructed in conjunction with Palm
Beach County Project #88560B for improvements to Linton Blvd.
from Jog Road to Military Trail.
The funding source for this expenditure is account #
441-5161-536-64.01.
(l~ V!2p
Richard C. Hasko, P.E.
RCH : smm
ATT:
File: Memos to City Manager
Project No. 90-04 (D)
,. ..II'>
..
- .
qo--oo{ if
Board of County Commissionel'~ County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman,. , . ',:.,
Karen T. Marcus rtr! . . . . .
CIA Roberts-'- ..... WaterUtIllhes Department
aro . . '. :- \~ 11: \ .~,
Warren H. Newell (.'l . '., \ ':: . ,', ~
Burt Aaronson ) ,~
Maude Ford Lee
July 14, 1993
Mr. George Abou-Jaoude, P.E.
Director of Public utilities
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
SUBJECT: Delray Beach Water Main Interconnect
Project No. WUD 88-11
Dear George:
The emergency Water Main Interconnect between the City of Delray
Beach and Palm Beach County Water utilities Department (Agreement
Doc. No. R90-758D) is jointly participated with PBC Engineering
Department in the utility construction for Linton Blvd. from Jog
Road to Military Trail, PBC Project No. 88560B.
The above project has been awarded to the low bidder, smith and
Company, Inc. The in-house pre-construction meeting has been
scheduled by this Department on July 21, 1993 and you or
representative are invited for this meeting, see attached.
The City of Delray Beach is required under the terms of the
Agreement to reimburse PBC WUD for the cost of construction of the
pipeline from its existin~ system (see attached plans sheet WM 2
and l~3 of WM 7) to the point of interconnection and one-half of
the cost of constructing the interconnect, including concrete meter
vaults and appurtenances.
"An Equal Opportunity - Affirmative Action Employer"
@print&dOn'ecycledpa~( Box 16097 West Palm Beach, Florida 33416-6097 (407) 641-3429 FAX (407) 641-3426
'.
..
Page 2
G. Abou-Jaoude, P.E.
July 14, 199:j
Upon completi.on of this project, the construction cost for the City
of Delray Beach's share including any additional cost for Change
Orders during construction will be reimbursed to WUD. Additional
compensation for the Change Order(s) during construction will be
reviewed and approved by both parties. The invoice will be
processed through the Palm Beach County Water utilities
Department's Finance Division. The quantities and cost breakdown of
the City of Delray Beach's share for the construction cost is
attached along with the bid tabulation from the three low bidders.
Should you have any questions regarding this matter, please contact
this office.
sincerely,
~~
'-
Kasem Y but
Enginee ing
KY:mg
Enclosures
cc: Dana Moss, Asst. Director of PBCWUD
William H. Greenwood, P.E., Dir. of Environmental Services
Richard Hasko, P.E., Asst. City Engineer
.
'.
..
CITY OF DELRAY BEACH
EMERGENCY WATER MAIN INTERCONNECT
PROJECT NO. WUD 88-11
~
.
Description units Unit Price Amount
8" DIP Class 52 58 L.F. $ 19.60 $ 1,136.80
F.H. Assembly 1 Ea. '2,160.00 2,160.00
8" G.V.w/box 2 Ea. 830.00 1,660.00
8" G.V. w/o box 1 Ea. 1,070.00 1,070.00
12" X 8" T.S. & V 1 Ea. 980.00 980.00
Fittings 1,125 Lbs. 3.50 3,937.50
Trench Safety !;8 L.F. 0.50 29.00
Sampling Point 1 Ea. 420.00 420.00
Sod 37.5 S.Y. 1.10 41. 25
Concrete Meter Vault :1 Ea. 5,530.00 5,530.00
w/Appurtenances
Turbo Meter w/ntrainer 1 Ea. 9,060.00 9.060.00
$26,024.55
1/2 of Permit Fee (H.R.S.) 250.00
$26,274.55
.
KY:mg
'.
..
-_.~ ~~~~~~~~~~~~~. z>~
~~~ ~~~~~~~~~~~~~U s~~ ~
II m:Qe.. e..
" ..mm m
II >n n
NNN ~>>~~~~-o-o-o-o-o-on ~O~ ~
~~~n ~-o~~-~~~~~~;Q:QII r->% %
=:=~ ~~i~~~~~~~mm~n =~~ ~
=nn~ ~o-> ~~~~>~~~II _== m
S~!;O X>ZCl)CI):Q~~:lO~CI)CI):QII o-m ..
~~~~ ~Qi~~~~~~~~~~U ~O~~r-
~~~o ~CI)-o~R~~~~~~~~U II)~ o~
~~~Nm xc>mmOOOO~~:lOOIl ~m~~~
..- ,.. >~~mCl) :Q~~ II e..%~"'0
~oo~ ~CI)Z~ ~~~~mmm~r. ~~~~%
=~~~ ~~ ~~~~:lO:lO:lOmu ~~=O=
"'<~~m= -~ Cl)CI)CI)CI)CCC~1I ~ ~~E
vv ~_ ZZZCI) II OX "',..
m. . > ....z ,,"',,"'.................. . >CDOm
II) n Zg ~___~~~ II O:Q~X<
~~:z: g Ol~Ol~CI)CIlCllO II . n~ >
-"'-IC C>> :: z: :",...",~ n m=~~~
~~~ = CIlCllCllCllC~-~1I ON
--,..- ~ DDDO-o-Ul II ~ O~
Z......c:U.... n"'-n~
~~~ ~ ~~~~g~~~u; 2-,..2
--~ I ~\lfUlUlg==~IIX -O~-
Z% 0 0000 CIlII r-~ zc
- = ........... ,..,.. II -w -t.
~~; x ~~~~~,~~~U ~ ~o
>>3: ... az::..,ggOlIl n ""
~~~ ~ ~~=fl m ~
~~~ ~ ~~~~~" > e~
~~,.. 0 ZZZZ 0-11 z,..8
-I-t.... = II." "II 0 m
mmz: ~ ..........,.~"'"'" . It <::ta
% Z ~ .......... 0 II = > 0
>>0 ~~ =11 0"'>
zzz mm ~II > 00
no CI)CI) II :lO
mm= ~~ \If II 0 ~~
II)II)E -0-0 ~U > 00
r- ......... . II ~ z:c
m r-r- o-u "'0 II
~ ee .; II ~ 00
~ II ~ ~~
.., II :- ~~
US ~::
Il~ >~
~ ~ ~ ~ ~ ... ...~
~Ol ~ ~o- .~~ ~~~ ~ ~~
VlO C) II 0 VlU1U1... ~ Z-t
0-00 ON\lfO- OOO~O~Ul , ~",
C ->
~~~ ~~~~~~~~~~~~~ ~ n~
~ >
II) <~
m
.l ~
m
c:
z
~ -
~ - 1~ II)
~ N II X
4 ~ ~"~ ....
~~~ '~~~~~t:~~N~~-II:lO ~
g;~~ ~Q~NO~O~Ul&~~~Un :z:
... .............um Ro
00l0l 000000000000011
000 000000000000011 0
U 2
II -0
II >
~~~ ~~ ~ ~~ ~U~ ~
N"'~ ~N~N ~~~~~~~ II -
Ol~~ U1U1~U1 NO~~-U1~ II
......... ..... ................ II -
~~t g;~ON~o-Ul\;(~O~~~IIZ Z
~50 og~go~goO~~N~"~ r
. . . . . . ... . . . . . . .. . II
ggg 8gggggggggg~g"
11
+ II
11
II
II C
IIZ
~ ~. 11-
~ ~ ~~ ~~~~ ~~ ~ "~ C
O~~ ~~~ ~~~~~~~~~~~. ~~~~~ b~~~~~~~~~~~U~ 8'
O~ oOO~~OCUlO~N~~~O~~oo~ 0- ~ON~~\lfN~ Ul\;(\;(~II_ ze..
?~. ?~~~~~~?~~~?~. ~..,~?~~.~ ~~~?~~~P,~..~U~' ~~
000 ooo~oooooOOOOOOONOOOOO o-oooooOOOOOO~II :Q~
000 oooooooooooooooo~ooooo 000000000000~1I ci
11 0
11 ~
11 -
II ~~
~~~ ~~ ~ . ~ ~~ ~ ~~ ~II~ ~
~~~ ~ ~s ~~~~ ~~ t:~~~t:~ ~~t:~ ~~~~~~~~" 8~
... .. .. ............ .. .... .. .... ~.... .. ~.. .. OIl ... .. .. .. . ...... ................... U')
g~g ~~g~~g~8g~~~~~~ ~gg~8~ ~g~g~~g~ggt~g"~
000 OOONOOOOOUl~O~OO ~oooo~ 0000000000~~01l
. .. . . . . . . . . . . . . . . . . . .. . . . . . .' . . . . . . . . . . . II
ggg ggg~gggggggggggg~gggg8 g~~g88gggg8~~1l
11
11
, II
. II i 1,;
~ ~. 11- II)
~ ~~~ ~~ ~~~~ ~ ~t: ~ U~ ~
... .. .. .. .. ..... .. ... .. ..... g" .... ... . M .... .. .. ... M ... .. -0 -
00 ~NO ~ ~ ~ M WM~ "M~~N~~~II~ z
~~~ ~oo~~g~ooo~go~~ O~O~N~~ ~8NN~~~00Ulo-oO~I,',-n 0
O~... OOONOOOOOO oOOOO-OONUl~ ~ -~-__o-o- 0-0-_
. .. . . . . . . . . . . . . . . .. . . . . . . . '.' . . . . . . . . . . . It rn 0
ggg ggg~gg8ggggg8ggg~ggggg .gg~~&~~ggggg~" ~
, II ~
II ~
II 0
~. II ~
~ .. ~ ~ ~ ~ ~. ~ ~ ~ .~ ~ . ~ 'I ! -
NN~ ........ __ .._~~ ~~~~~~~~~ ~-~~ N~~~~~~~I Z
~~~ o-~N Ul~ o-Ul__ ~N-~o-~OlN~ ~ON~ o-~~Ul_~o-Olll ~
~~~ ~~~~~~~~~~~~~~~~~~~g' ~~~ ~~~~~~~~~~~~~~~. ~
000 ooo~~oogoo~OQOOO~O S~O QO~0-Ul~00S5~~1I z
. . . . . . . . . . . . .. ..-. ... . . . . . . . . . . . . . , . . . . . . . n ("")
000 OOOUlNooOOgOOOOOOUlOOOOO 00~~00800000l~,1l, .
000 000000000 ooooooooooo~ 00__0-0 OO~OO_II
. 11
II
II
II i
.~' ~ ll->
~ ~ ~ ~ ~ ~ ~ ~ ~.~ ~. ~ ~ ~.. II ~ ~
_.~ ~- ~.*~~~..~~~.~~....~ ~~~ ..~~~~~~~U~~
,~~~ ~~o-~..~~~ -~~~~ ~~NN~~~ ~ONo-~~N~8Ul~~NII-a
~~~ ~~~~?~~.. ~~.p~.. ~.~~~~~p ~?~~~~~~.~.. ~11~m
~~~ ~g~~~~~~~g~8~g~~~~~~~8~g~~~~~8~~~~~U
. . II
I'
"tl
III
\.Q
~ ro
",.
o
H\
-"
",.
~ ..
v j
R90
75811
l\GREEMENT :
:
This Agreement is made and entered into this
day of MAY 8 1990 , ~ , between the City of Delr.ay Beach:
- I
(hereinafter referred to a.s "City") and Palm Bea.ch County, a:
I
I political subdivision of the State of Florida (hereinafter
i
. ~ referred to as "County") to wit:
I
WHEREAS, the ci ty and County desire to provide fOl' I
I
I
I
emergency water needs for their respective water supply systems; I
and
HHEREAS, the ci ty and County, as neighboring local
governments with existing facilities capable of furnishing I
!
1
limited potable water supply to each other, agree to enter into
this agreement outlining the terms upon which each will furnish
! water to the other in times of emergency; and
HHEREAS, it is deemed in the best interests of both
f
the City and the C()Unty to make this provision for emergency
!
wate:c supply to insure that there is a supply of potable water to
meet an emC~l"gency tbat might arise;
in consideration of the premises and !
NOH, rrHEHEFORE,
other good and valuable consideration, it is agreed: ,
i
!
1. Subject to the terms of this Agreement, the, County agrees to!
I
supply to the City potable water from the surplus of ....rater 1
available to the County produced by its water system OVer and 1
; .
I above the needs and demands of the County and the customers of I
' .
. ~ its water seryice area. .
. ,
, ,
I
: , The City agrees to \
' . 2 . Subject to the terms of this Agreement,
\ I
supply to t.he County potable water from the surplus of water !
; :
available to the City produced by its water system over and above
the needs and demands of the City and the customers of its water:
I
:
service area. I
i I
I
3 . Hater shall be supplied through an interconnection to be :
i
. I
constructed at Linton Boulevard west of Military Trail in Palmi
:
Beach County, as shown in Exhibit A attached hereto. The design I
I
, of the interconnection shall be approved for the County by the
J ~
- 1 -
: '
r
.
, :
,
'.
"
i
I
~ { i
I
, I I
: ~ Director of the Water Utilities Department and for the City by
I
I
, I
: : the City Manager. The City shall bear all costs of constructing I
I
,
the pipeline from its existing system to the point of I
, i I
I
inten~onnectj.on . The County shall bear all costs of constructing
I
,
the I?ipelinl~ from its existing system to the point of ,
i
i.nter,::onnection. Th(! City and the County shall bear in equal I
.
measure the cost of constructing the interconnect, includi.ng
required vault, meters, valves and appurtenances.
4. Charges for metered water use through the interconnection
shall be at the prevailing commodity rate in effect for
I
residential customers at the time of furnishing the water with no I
I
; , capacity or fixed charges. The County commodity rate in effect I
' ,
: I I
, , I
, , as of November 1, 1989, is $.60/thousand gallons. The City i
, 1
~ ; co~odity rate in effect as of November 1, 1989 is $ .53 . Either
, .
~ !
rate is subject to change based on legal authority of the ,
, ,
I
,
, , appropriate governing body. When water is utilized, the meter or :
:
I
meters shall be read concurrently by the City and the County on :
approximately the first of each month. Payment by the user to i
!
,
,
the supplier for water consumed shall be within thirty (30) days i
I
: '
. :
! ; after furnishing of monthly bills.
: I
: . 5. No supply of water shall be provided except in case of an
!
,
.
I' emergency and upon the following terms and conditions to be
" I
, ,
1
: i determined by the supplying party: I
i
I
,
a. Th,e r e must be a sufficient surplus of potable water i
i
. i
available to' meet all the anticipated needs of the supplying
party.
b. The supplying party may limit the amount of water to be
supplied. !
i
The supplying party may limit the hours or days of supply. ,
c.
I
.. I
d. The supplying party may require the rece~ving party to
1
J
impose use restrictions on its customers as prescribed by the i
supplying party. i
I . I
\ e. The supplying party may place an automatic expiration date :
I
,
,
upon the emergency supply period which may be extended only by :
: ,
i j the City Manager for the City and the Director of Water Utilities i
, i - 2 -
: ! .,.
.
~
, ,
'.
,.
for the County~
6. This Agreement shall remain in full force and effect until
terminated upon siXtY (60) days written notice by either party to
the other at its sole discretion.
7 . Each party shall he ~esponsible for its own negligence in
connection with arising out of or incident to, the performance of
this Agreement.
S . It is understood that E~ither party shall have the right to
institute and prosecute any proceeding at law or in equity
against the other party for violating any covenant or covenants
contained in this Agreement.. Proceedings may be initiated
against the violating party, its heirs, legal representatives or
assigns, for a restraining injunction and also for damages. The
prevailing party shall be entitled to recover all costs incurred,
including reasonable attorney's fees. In no case shall a waiver
by either party of the right to seek relief under this provision
constitute a waiver of any other or further violation.
9. It is understood and agreed by and between the two parties
that if any condition. or provision contained in this Agreement is
held to be invalid by any court of competent jurisidction, such
invalidity shall not affect any other condition or provision
herein contained, however, that the invalidity of any such
condition or provision does not materially prejudice either party
.
in its respective rights and obligations contained in the
remaining valid conditions or provisions of this Agreement.
..
"
- 3 -
...
.
,
I
,
I
R90 758D
10. No waiver of any breach of this Agreement shall be held to
be a waiver of any other or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature.
ATTEST: FLORIDA, BY ITS
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
DUn~l~rk ,
~
By: ~ ;C
Deputy Clerk MAY 8 1990
LEGAL APPROVED AS TO FORM AND LEGAL
SUFYJCIENCY FOR C Y
(- ')
----
By: By:
APPROVED AS TO TECHNICAL APPROVED AS TO TECHNICAL
SUFFICIENCY FOR COUNTY SUFFIC~EN~Y FOR~TY
~r~
By: - By: 1tJ.~-.... ~ ~_.~
Wil1~am H. Greenwood
Water Utilities Department Director of PUblic Utilities
.
;0.
0.' ,
.
".
- 4-
"
" ,
, .
.,.
.
~
..
f -
>-
a:
<
... ..
:i
i
sc
sc
[N
I
1
we
SED WAT&R
N'NECT toeA ()
~
.-
S
KAM COUNl'Y ~
i>
'K & USEUM j
J @D
..
am
- !U~ W},{.
C-J5
lin4
~ ET
ROY AL PALM
POLO FIELDS rl
._a ~I
L-40 ~
€2W\
~
9-
LOCATION MAP
EXHIBIT "A" t
I
..
City of Delray Beach
Departmental Budget Transfer
(1) Depanmental Une Transfer (2) Date July 30, 1993
(3) Interfundllnte"(JZ~ tt~ (4) Batch Number ,S~j~jD
.
. 4.12 (~ ~
(5) Requested By: Richard C. Hasko, P.E., Deputy Director of Public Utilities
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) mANSFER IN
441-5161-536-63.50 Other Impr. - Water Mains $ 26,275
441-5161-536-64.01 ~&S Interconnect-Boca!PBC $ 26,275
\
(10) TOTAL $ 26,275 $ 26,275
JUSTIFICATION: Transfer required to construct Palm Beach County water main
interconnect on Linton Blvd. at Delray Community Hospital. City Commission
approval requested on August 10, 1993.
.
Department Head AJ 1 AIM,.,. /J 7/M.3 Asst City Manager
.
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FlU=' PINK-DEPARTMENT
'.
..
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 201J NW Is! AVENCE . DELRAY BEACH, FLORIDA 33444
FACSIt--lIl.E 407/27S-4755 Wr~t_r'. D~r_ot L~n_
(407) 243-7090
MEMORANDUM
Date: August 2, 1993
To: City Commission Assistant City Attorn~
From: David N. To1ces,
Subject: PIC Summer Youth Proqram
The Private Industry Council advised the City that the Summer
Youth Program will be extended until September 30, 1993.
Commission approval of this extension is required. The agree-
ment was set to expire on August 20, 1993.
If you have any questions, please call.
DNT:sh -----.
cc: David Harden, City Manager
Ned Gusty, Interim Human Resources Director
Cheryl Leverett, Executive Assistant
PIC.dnt
~D
..
,.
CITY DF DELRAY BEA[H
C~TY f\TTORNEY1S OFFir:E ' I ',I, 'i Ji.L1,'\Y flF,\ClI, F1.0i{!UA 33444
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: August 4, 1993
TO: City Commission
FROM: Susan A. Ruby, City Atto!:"ney
SUBJECT: First Amendment to the Interlocal Agreement Between
Palm Beach County, the city and the eRA -- The
Courthouse
The City, th~ CRA and the County ent.ered into an Interlocal
Agreement in August of 1986 for the purpose of constructing a
courthouse and other governmental facilities in the City of
Delray Beach. This amendment to the In'terlocal Agreement
provides for the expansion of the South County Courthouse
facilities. The Agreement provides that the CKA shall convey
to the County on or before October 1 J 1934, Parcels 1 and 2 as
set forth in Exhibit A, by 1994. Upon twelve (12) months
advanced written notice, but not before December 31, 2000 or
after December 31, 20002, the CRA will convey property
described As Parcel 3 in Exhibit A to the County.
The previous Agreement indicated the County \'iould not need
Parcels 1 and 2 until December 31, 1996. 'rhe purpose of this
Amendment is to provide for an earlier date for the
acquisitions of Parcels 1 and 2. 'The new Agreemen'c provides
for a parking lot to be constructed by the County and further
provides that the City may ilse tha-:. p,~r:<:ing lot. fer special
events pursuant to the Temporary Use A.greement which is
attached as Exhibit B.
The remaining portions of the Agreement coincide with the
obligations contained within the previous Agreem~nt.
By copy of this memorandum to David Hardan, our of.fice requests
that this Agreement be placed on th~= Ci t'~I' C:mur.':"5sio:r,' s August
1 1993 age a for approval.
-
cc David Harden, City Manager
Alison MacGregor Harty, Ci -cy C1E::ck --
court. Bar ~ C
'.
,.
CD Community
. .' Redevelopment
-a Agency
Delray Beach
CERTIFICATION
I, Christopher J. Brown, Secretary of the Board of Commissioners of the Community
Redevelopment Agency of Delray Beach, Florida, do hereby certify that the attached is a true and
correct copy of Resolution 93-32 passed and adopted on by the CRA Board of Commissioners
on Thursday, July 22, 1993.
In Witness Whereof, I have hereunto set my hand and the Official Seal of the Community
Redevelopment Agerfy of Delray Beach, F~ on this the 26th day of March, 1993.
/ /l
, i~
61::/f:;:Jdw-
Christopher J. Brown
Executive Director CRA
Secretary CRA Board of Commissioners
207 E. Atlantic Avenue, Delray Beach. FL 33444 (407) 276-8640 / Fax (407) 276-8558
"
., I
RBSOLU'l'IOR NO. 93-32 i I
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COMMUNITY
REDEVELOPMENT AGENCY OF DELRAY BEACH AUTHORIZING THE EXECUTION OF AN i
AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND I
THE CITY OF DELRAY BEACH AND COMMUNITY REDEVELOPMENT AGENCY OF I
DELRAY BEACH DATED AUGUST 12, 19861 AND FOR OTHER PURPOSES.
WHEREAS, the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, (the "CRA") I
has heretofore entered into that certain Interlocal Agreement between the City
of Delray Beach, Palm Beach County, and the CRA, on the 12th day of August, 1986, I
i
i
WHEREAS, the parties are desirous of amending certain terms and provisions I
of such Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY, THAT: !
Section One: The Board of Commissioners of the Community
I
Redevelopment Agency of Delray Beach hereby ratifies and approves that certain I
I
First Amendment to In~erlocal Agreement between Palm Beach County and the City
of Delray Beach / Delray Beach community Redevelopment Agency being
and the
attached hereto as Exhibit "A."
PASSED AND ADOPTED this ~ day of July, 1993.
VELOPMENT AGENCY I
,
,-;:.-----
L-7
,7
By:
Secretary
~
'.
.. ..........---.. . .-.,
.~- . -. . ..-
---_..-----
\ EXHIBIT
. II AU
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY
BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
This First .Amendment to that certain Interlocal Agreement
dated August 12, 1986 is made and entered by and between Palm Beach
County, hereinafter called "County", a political subdivision of the
State of Florida, and the City of Delray Beach, hereinafter
referred to as "City" , a municipal corporation existing under the
laws of the State of Florida, and the Delray Beach Community
Redevelopment Agency, hereinafter referred to as " Agency" , an
agency established pursuant to Florida Statute Section 163 Part
III.
WIT N E SSE T H:
WHEREAS , 'the City, Agency and County extended into an
'Interlocal Agreement on the 12th day of August, 1986; and
WHEREAS , pursuant to said Interlocal Agreement the County
constructed a courthouse and other governmental facilities; and
- -- .... ...
WHEREAS , it is the County's intent to expand the above
described South County Courthouse facilities and services which
expansion will jequire the occupation and improvement of additional
real property.
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained, the parties hereby agree that the
Interlocal Agreement is amended in its entirety to read as follows:
1. (A) . The Agency agrees to acquire and subsequently
convey to the County on or before October 1, 1994, at no cost to
the County, such property described in Parcels 1 and 2 as set forth
in Exhibit "A", attached hereto and made a part hereof. The Agency
shall convey to the County such property by Warranty Deed free and
clear of all liens and encumbrances whatsoever with the exception
of those which have been approved in advance by the County. The
Agency shall supply County at Agency's expense, at the time County
takes possession of the property, with a marketable title policy
insuring the County's interest in the property in an amount equal
to the assessed value or the Agency's acquisition cost whichever is
greater.
.1
"
,
(B) . In the event the County provides the Agency
with written demand and evidence of County's plan and notice of
intention to further improve the South County Courthouse Complex by
adding structures on the property described in Parcel 3 as set
forth in Exhibit "A", the Agency agrees to acquire and subsequently
convey to the County such property at no cost to the County by
Warranty Deed, free and clear of all liens and encumbrances
whatsoever with the exception of those which have been approved in
advance by the County. The Agency shall supply County at Agency's
expense, at the time County takes possession of such property, with
a marketable title policy insuring the County's interest in the
property ,in an amount equal to the assessed value or the Agency's
acquisition cost whichever is greater. The County agrees to give
the Agency twelve (12) months advance written notice prior to
'requiring this property from the Agency. In any event, the County
will not request the property before the 31st of December, 2000.
Notwithstanding the foregoing, in the event the County has not
requested the conveyance of the property by the 31st of December,
2002, the Agency shall be under no further obligation to acquire
and convey the subject property pursuant to this Agreement.
/(C). In the event the Agency is dissolved, is de-
authorized or ceases to exist for any reason, then, in that event
the City shall assume all rights of the Ag~ncy and agrees to
undertake and fulfill all of Agency's obligations under this
Agreement.
2. City agrees to initiate and complete the processing
of all necessary changes to the City's Comprehensive Land Use Plan
to make these proposed projects consistent and in conformity with
the City's code of laws and ordinances, The County shall be
required to submit the proposed project for development review
pursuant to the City's normal review process. The City agrees to
expedite the review of such submittals.
3. The Agency, at its election, may demolish the
structures existing on the property described in Parcels 1 and 2 as
set forth in Exhibit "A" prior to the conveyance of such property
~
..
to the County. In the event the Agency elects to demolish said
structures, the County agrees to reimburse the Agency for the
expense thereof, provided the Agency has received the County's
written approval of such costs prior to performing such demolition.
Reimbursement to the Agency for the demolition costs, by the
County, after the Agency presents documentation of actual
expenditures in a form acceptable to the County, shall be made no
later than November 1, 1994.
4. The. parties hereby agree that in the event the
County shall ever elect to dispose of its interest in any of the
real property described in Exhibit "A" , the Agency shall have a
right of, first refusal to acquire such real property from the
County. Prior to taking any action to dispose of the property, the
County shall offer the property to the Agency "as is" at a purchase
price equal to the fair market value of the improvements to the
land made by the County (excluding land value). The County shall
provide the Agency written notice of its intent to dispose of such
real property together with an appraisal as to the said
improvements to the lands and the Agency shall have a period of
thirty (30) days to exercise its right of first refusal as
hereinabove proJided by giving the County written notice of such
election. Closing shall occur ninety days (90) thereafter.
5. The City represents and confirms. that water, sewer
and storm drainage facilities are available at the street,
contiguous to the properties, and there is adequate capacity to
service one hundred fifty thousand (ISO,OOO) square feet of the
courthouse and/or other governmental facilities at no cost to
County. When utili ties are available and present at the site,
County agrees to pay all standard user charges pursuant to the City
policy.
6. The parking lot constructed by the County may be
available for after normal business hour use to the City and/or the
Agency for special events pursuant to Real Property Temporary Use
Agreements to be entered into between the County and the Agency
administratively on the form attached as Exhibit "B". The County
1
..
agrees to not unreasonably withhold its consent for the City and/or
the Agency's utilization of said parking.
7. (A). The City represents and conf irms that there
currently exist, or provisions have been made at no cost to County,
for all necessary signalization on Atlantic Avenue (i)at the
western property line of the Courthouse project, (ii)at the
intersection of the shared access driveway and Atlantic Avenue;
and, (iii)for all necessary stacking and deceleration lanes and
other roadway modifications to accommodate traffic associated with
the developmen~ of the ten acre site in conjunction with the new
public safety building.
(B). The City acknowledges that adequate lighting of
the ten acre facility , is necessary to enhance the safety and
security of individuals utilizing the site. The City agrees to
allow lighting adequate for the purposes of the site, provided that
such lighting shall comply with City Codes and Land Development
Regulations.
8. The City agrees to initiate and process the
abandonment of Southwest Second Avenue between Atlantic Avenue and
First Street; and any other abandonments requested by the County
for alleyways oj rights-of-way contained within the property to be
conveyed to the County pursuant to Paragraph 1 of this Agreement.
Said rights-of-way shall be conveyed to Palm Be~ch County as part
of any conveyance of contiguous property or at such time as the
County reasonably requests the abandonment. Such abandonment shall
exclude such underground utility easements as the City shall
require for existing underground utilities, provided however, that
in the event the City receives notice from the County that the
County intends to construct a structure (S) on such abandoned right-
of-way where underground utilities exist, the City shall at its
sole cost and expense remove and abandon said underground utilities
within six (6) months after having received written notice as above
described from the County. The City shall provide County with a
marketable title insurance policy in an amount equal to the fair
market value of the property subject to the abandonment at the time
!
..
the abandonment is completed. The City shall bear the full cost of
processing all such abandonments.
9. City and County agree to provide each other, at no
cost, with the necessary easements to allow for joint access to the
site to be shared by. traffic generated by the courthouse project
and the City's new public safety building.
10. If in the sound discretion of the Chief Judge of the
Fifteenth Judicial Circuit, there is an apprehension of inadequate
facility security at the site, then upon written request of the
Chief Judge, the City agrees to assign one full-time police officer
to the security of the site and immediate surrounding areas, full
time, extending from one hour before and continuing until one hour
after the normal operating hours of the facility, at no cost to
County. This security will continue to be provided by the City
until such time that the Chief Judge is satisfied from statistics
or any other circumstances that the site is adequately secure
without the specific assignment of such a patrol officer by the
City.
11- For the purposes of this Agreement, notices provided
for herein shall be deemed sufficient when addressed to the
following addr~ses and deposited in the United States Mail:
a. Palm Beach County
Office of the County Administrator
301 North Olive Avenue, Su~te 1101
West Palm Beach, FL 33401
WITH A COpy TO:
Palm Beach County Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
b. City of Delray Beach
Office of the City Manager
200 N.W. First Avenue
Delray Beach, FL 33444
c. Office of the Executive Director
Delray Beach Community Redevelopment Agency
64 S.E. 5th Avenue
Delray Beach, FL 33444
WITH A COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
5
..
I ..
This Agreement shall be null and void if not signed by all
parties by , 19_.
Chair, Mary McCarty Dorothy H. Wilken, Clerk
Palm Beach County Palm Beach County
DATE DATE
ATTEST:
CITY OF DELRAY BEACH BY CITY CLERK
MAYOR CITY OF DELRAY BEACH
DATE DATE
. Witness
i DATE
,
,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
I
/ I
County AttorneY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
City Attorney
~
"
-.---.--:.......
.. "- - .--
- .--- - - r TIf
- '.0__. __ _______..___._.
..
, .
. .' "
..
. ,
Exhibit tt A tt
. Land Transfer Map
Block 53, D~Iray Beach, Florida
I'
I
Atlantic Avenue
r'-'-'-'r'-'-'-'T'-'-'-'1'-'-'~
I . ~ par4el 3! I
1 : 2, 3:.c
: c : .. .
L_.J.~.__L~I_,_._._j
, r-'-'~~-! r--'-'-
I i.. ...... ....5.......... ..11... 'p;:~i' z'" no ~..
. 6 (J)
~~. _ :.12 <
. 7 .
. 8 . 14 I
I .
. .
. t: :....... :.~... "'::'.'-, ::: .......:: ::5:...':::..J
L._:~._._.J L__~_.J .
.s. W. 1st Street eD.
..
. -...-a__.~. .... .-..
-.- - ---
EXHIBIT
~ B \
PALM BEACH COUNTY.
REAL PROPERTY
TEMPORARY USE AGREEMENT
between
PALM BEACH COUNTY
and
CITY OF DELRAY BEACH, FLORIDA
/
lIIIlr\delray3.allr
07/13/93
, .......~ ....; ".-.".--.
-- - - ~-_. -- _.~ - --
. .
TABLE OF CONTENTS
PAGE NO.
ARTICLE I BASIC' PROVISIONS
1.01 Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.02 Length of Term and Commencement Date...... 1
1.03 Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II CONSTRUCTION OF PREMISES
2.01 Acceptance of Premises.................... 1
2.02 ~JL1:E!~~1:jl()lll;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES
BY CITY
3.01 Use of Premises and Hours of Operation.... 1
3.02 Waste or Nuisance......................... 2
3.03 Governmental Regulations.................. 2
3.04 Surrender of Premises..................... 2
ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES
4.01 Responsibili ty of City.................... 2
ARTICLE V INSURANCE AND INDEMNITY
5.01 fiab~lit~ Insurance....................... 2
5.02 Indemnification of ....................... 2
ARTICLE VI LEGAL EXPENSES............... . . . . . . . . . . . . . 3
ARTICLE VII MISCELLANEOUS
7.01 Entire Agreement.......................... 3
7.02 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7.03 Waiver of Jury Trial... . . . . . . . . . . . . . . . . . . . 3
7.04 Governing Law............................. 4
7.05 Time of Essence........................... 4
7.06 Severabil i ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Exhibit "A": COUNTY'S PROPERTy......................... 5
.
TEMPORARY USE AGREEMENT
THIS AGREEMENT, made and entered into this _ day of
, 199_, by and between PALM BEACH COUNTY, a political
subdivision of the state of Florida, hereinafter referred to as
"County" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as "City".
WIT N E SSE T H:
WHEREAS, County is the owner of certain real property in Palm
Beach county, Florida, as said property (the "Property") is legally
described in Exhibit "A" attached hereto and by reference made a
part hereof; and
WHEREAS, City has requested the temporary use of the parking
lot areas located on the property in conjunction with its hosting
of a professional tennis tournament; and
WHEREAS, County is willing to allow city to use said parking
lot areas for the purposes hereinafter defined.
NOW THEREFORE, in consideration of the sum of Ten Dollars
'($10.00) and other good and valuable considerations, receipt and
sufficiency of which is hereby acknowledged, County hereby grants
to city and City hereby accepts the use of the premises hereinafter
defined upon the following terms and conditions:
ARTICLE I
BASIC PROVISIONS
section 1.01 Premises.
The premises subject to this Agreement consists of the paved
parking area at
J
I
section 1.02 Lenqth of Term and Commencement Date.
The Term of this Agreement shall be for a period of ( )
_ which shall commence on the _ day of , 19 (the
"Commencement Date") and shall expire on the _ day of , 19_
unless extended by mutual agreement of the parties.
seotion 1.03 Rent.:
The use of the 'Premises by City shall be on a rent-free basis.
ARTICLE II
CONSTRUCTION OF PREMISES
Seotion 2.01 AcceDtance of Premises.
City certifies that .it has inspected the Premises and accepts
same "As Is", in its existing condition as of the Commencement Date
of this Agreement.
seotion 2.02 Alterations.
City shall not make or permit any improvements, additions,
modifications or alterations whatsoever to the Premises.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY
Seotion 3.01 Use of Premises and Hours of Operation.
City shall use:the Premises solely and exclusively for vehicle
parking in conjunction with
1
. _...,,", T . .~ --- -..... ,,-"-,." ~., -, ,. :-.......-. ,._..'".,................,...,.~.---..... - ..'_.f'." . ft_,'::-. ,..,,.....'...~.I... .._.." .__ . ._"
All parking spaces shall be vacated by midnight , 19_.
City shall not use, permit or suffer the use of the Premises for
any other business or any disorderly or unlawful purpose.
section 3.02 waste' or Nuisance.
City shall not commit or suffer to be committed any waste upon
the Premises or any nuisance or other act or thing which may result
in damage or depreciation of value of the Premises or which may
affect County's fee interest in the Premises. Following eacq day
of use by the City, all refuse is to be removed from the Premises
at City's sole cost and expense. City will keep the access to the
Premises and contiguous areas to the Premises free and clear of
obstruction.
section 3.03 Governmental Reaulations.
City shall, at city's sole cost and expense, comply with all
ordinances, laws, statutes and regulations promulgated thereunder
of all county, municipal, state, federal and other appl icable
governmental authorities, now in force, or which may hereaf~rt~e t t
in force, pertaining to City or its use of the Premises. / <>C~~9 ~~t~~d g~r
shall indemnify, defend and save County harmless from any and all law the
penalties, fines, :costs, expenses, suits, claims, or damages
resulting from City's failure to perform its obligations in this
section.
section 3.04 Surrender of premises.
Upon termination or expiration of this Agreement, City, at its
sole cost and expense, shall remove all of its personal property
from the Premises and shall surrender the Premises to County in the
same condition the Premises were in as of the Commencement Date of
this Agreement, reasonable wear and tear excepted. If City fails
to remove any vehicle parked on the Premises, then upon expiration
of the Term of this Agreement, County may remove said vehicle from
the Premises for which the cost City shall be responsible and shall
pay promptly uPJn demand.
ARTICLE IV
REPAIRS AND MAINTENANCE OF PREMISES
section 4.01 Responsibilitv of city.
All portions of the Premises shall be kept in good repair and
condition by city. At the end of the Term of this Agreement, City
shall deliver the Premises to County in good repair and condition
as specified herein.
ARTICLE V
INSURANCE AND INDEMNITY
Section 5.01 Liabilitv Insurance.
city shall, during the ~ntire Term hereof, provide County with
a certificate evidencing self-insurance coverage for comprehensive
general liability in the amount of $100,000 per person and $200,000
per incident or occurrence. In the event the Legislature should
change the City'S exposure by statute above or below the sums
insured against, the City shall provide insurance to the extent of
that exposure.
section 5.02 Indemnification.
City shall, to 'the extent permitted by law, indemnify and save
harmless the CountY: from and against any and all claims, suits,
actions, damages and/or causes of action arising during the Term of
this Lease for any personal injury, loss of life and/or damage to
property sustained in or about the Premises by reason or as a
resul t of the use and occupancy of the Premises by City, its
agents, employees, licensees, invitees, and members of the public
general iy , and from and aga inst any orders, judgements, and/ or
decrees which may be entered thereon, and from and against all
2
. ~ . "+-::--,,, .....-- I f L __~_ . ". - .,
t~r:r~ - .... ,.. ..,.............-.. ......._"...,....-..y~..,........~...
.
costs, attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. In the event County shall be
made a party to any litigation commenced ag~inft the ftit-E' ~?\~hj
Ci ty against any third party , then City / rhcf f ~f.b~e8 rm n e ~ aw
County harmless and pay all costs and attorney's fees incurred by
County in connection with such litigation, and any appeals thereof.
Nothing contained herein shall be construed as a waiver of
sovereign immunity enjoyed by the parties hereto, as provided in
Florida statutes 768.28 as amended, or any other law providing
limitations on claims.
ARTICLE VI
LEGAL EXPENSES
In the event that it shall become necessary for county to
employ the services of any attorney to enforce any of its rights
under this agreement or to collect any sums due to it under this
Agreement or to remedy the breach of any covenant of this Agreement
on the part of the city to be kept or performed, regardless of
whether suit be brought, City shall pay to County such reasonable
fee as shall be charged by county's attorney for such services.
Should suit be brought for the recovery of possession of the
Premises, or for any sum due County under this Agreement, or
because of the default by City of any of the covenants of this
,Agreement, city shall pay to county all expenses of such suit and
any appeal thereof, including a reasonable attorney's fee.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Entire Aqreement.
This Agreement and any Exhibits attached hereto and forming a
part thereof as fully set forth herein, constitute all agreements,
conditions and understandings between County and city concerning
the Premises. All representations, either oral or written, shall
be deemed to ~e merged into this Agreement. Except as herein
otherwise prov ded, no subsequent alteration, waiver, change or
addition to this Agreement shall be binding upon County or City
unless reduced to writing and signed by them.
section 7.02 Notices.
Any consents, approvals and permissions by County shall be
effective and valid only if in writing and any notice by either
party to the other shall be in writing and shall be deemed to be
duly given only if mailed prepaid by certified mail return receipt
requested, addressed:
(a) If to County at:
Property and Real Estate Management Division
50 South Military Trail, suite 211
West Palm Beach, FL 33415
with a copy to:
Palm Beach County
Attn: County Attorney
301 North! Olive Avenue
West Palm Beach, FL 33401
(b) If to City at:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
3
..
.. '. ,......,;, -,~ " . --. ,.,--- ....~; .... ~., ....,.....,..~. , .-)ool....._~-~..t.~.""'_,......... ._ _...,.......-.....',-....;,._~
.
seotion 7.03 Waiver of Jurv Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by either of the parties
hereto against the other, in connection with this Agreement.
seotion 7.04 GoverninCl Law.
This Agreement shall be governed by and interpreted according
to the laws of the state of Florida and venue shall be in Palm
Beach County.
seotion 7.05 Time of Essenoe.
Time is of the essence with respect to the performance of
every provision of this Agreement in which time of performance is
a factor.
seotion 7.06 severability.
If any term of this Agreement, or the application thereof to
any person or 'circumstance, shall to any extent be invalid or
unenforceable, the remainder of this Agreement, or the application
of such term to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected
thereby, and each term of this Agreement, shall be valid and
enforceable to the full~st extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year first above written.
PALM BEACH COUNTY, FLORIDA a
ATTEST: political subdivision of the
. State of Florida
Dorothy H. Wilken, Clerk
By: By:
Deputy Clerk Chair
APPROVED AS TO boRl'J.
AND LEGAL SUFFICIENCY
Asst. county Attorney
ATTEST: CITY OF DELRAY BEACH
By: By:
city Clerk Mayor
APPROVED AS TO FORM'
AND LEGAL SUFFICIENCY
City Attorney
h:\mmr\agreement\delray3.agr
07/13/93
4
.- .-J" ~ - ~.. --- -- - - ---~ I ' I - ::"T ~ J
- .. ..- . - -
.
. .
~ ' .
EXHIBIT "A"
COUNTY'S PROPERTY
/
5
'.
, " "- "\
ffEC "
-," ^'
~/vS [, f-
4lJC. D
[ITY DF DELIAY BEA[H CITy I,f. 'J9J
~~4Gt~,~
, nf:fIC:r
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM ~ em t~
Date: August 3, 1993 8/10/93
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Contract for Conveyance and Receipt Between the City
and Board of County Commissioners of Palm Beach
County for Relocation of Two Historic Homes Within
the Hillcrest Neighborhood
Our office has reviewed the Contract for Conveyance and Receipt
between the City and the County and approve it as to legal
sufficiency and form. The contract is effective for a period
of sixty days upon execution by the parties. It is my
understanding that this agreement will not be approved by the
County until its September 21, 1993 meeting. We were unable to
secure a longer period of time to accomplish the removal and
relocation of the properties.
As indicated in the Interlocal Agreement between the CRA and
the City, the City agreed to permit the CRA to act as its agent
to secure monies for this project. The Interlocal Agreement
provides that the CRA will act as the City's agent in entering
into contracts to facilitate the moving of the property.
This Contract for Conveyance and Receipt establishes that the
CRA will be acting as the City's agent to facilitate this
project. The CRA will be entering into and executing contracts
as our agent for the removal of the properties and the
demolition of the remaining improvements on the site. The
agreement provides that if the CRA on the City's behalf cannot
secure removal of the improvements within sixty days of the
execution of this contract, the County may consider the
contract null and void or provide additional time to secure the
improvements.
The agreement requires the CRA on behalf of the City to
maintain the improvements from the date of delivery of the bill
of sale which requires securing of the properties from
unauthorized entry.
~ F
'.
Memo to City Commission
August 3, 1993
Page 2
By copy of this memorandum to David Harden, our office is
requesting that this agreement be placed on the August 10, 1993
City Commission agenda for approval. Please call if you have
any questions.
s~
Attachment
cc: David Harden, City Manager
Lee Graham, Risk Manager
convey.sar
'.
..
CONTRACT FOR CONVEYANCE AND RECEIPT
THIS CONTRACT entered into on this the ___ day of ,
1993 by and between the Board of County Commissioners of Palm Beach
County ("COUNTY" ) and the City of Del ray Beach, 300 N.W. 1st
Avenue, Delray Beach, Florida ( " PURCHASER") .
WHEREAS , the COUNTY has entered into an agreement with the
Federal Aviation Administration (FAA) , the Advisory Council on
Historic Preservation, and the Florida State Historic Preservation
Officer to ensure consideration of historic properties during the
implementation of the Palm Beach International Airport Hillcrest
Neighborhood Noise Abatement Project; and
WHEREAS , the structures located at 1031 Hillcrest Blvd. and
930 Belmont Pl. , West Palm Beach, Palm Beach County, Florida
( "Improvements") are within the Hillcrest Neighborhood Noise
------
Abatement project area, and are considered to be eligible for
listing in the "National Register of Historic Places"; and
WHEREAS , the COUNTY is interested in preserving eligible
historic structures located in the Hillcrest Neighborhood Noise
Abatement Project area through relocation and rehabilitation.
W I T N E S S E T H
NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, and for other good and valuable
consideration, the receipt of which the parties hereby expressly
acknowledge, the parties hereto expressly covenant and agree to the
following terms and conditions.
1
'.
'.
1. Effective Date and Term. This Contract shall be
effective upon execution by the parties for a period of sixty (60)
days thereafter.
2. COUNTY agrees to convey and PURCHASER agrees to receive
the Improvements located at 1031 Hillcrest Blvd. and 930 Belmont
Pl. , photographs of which are attached hereto and incorporated
herein as EXHIBIT wAw.
3 . As a condition precedent to the COUNTY's obligation to
convey the Improvements, PURCHASER, at PURCHASER's sole liability
and expense, shall secure all prerequisites necessary for the
removal of the Improvements on or before the thirtyfirst (31) day
of the term of this Contract. Prerequisites shall include but not
be limited to the following: (A) an executed contract with a
qualified home moving/wrecking company with the provisions outlined
in EXHIBIT WBW included therein; (B) an executed contract with a
-----
demolition company with the provisions outlined in EXHIBIT WBW
included therein; (C) copies of Certificates of Insurance as
required in Paragraph 4; and (D) evidence of self insurance in the
amounts required in Paragraph 5 of this Contract. Upon securing
all such prerequisites, PURCHASER shall promptly deliver such
information to the COUNTY to verify that removal of the
Improvements from the premises may be accomplished in accordance
with this Contract. PURCHASER agrees that the Improvements shall
be removed from the premises on or before the termination of this
Contract as specified Paragraph 1 of this Contract. PURCHASER
agrees that no alteration, construction, demolition or other work
2
'.
shall be conducted on the Improvements without prior written
consent from the COUNTY.
4. PURCHASER agrees to secure a properly licensed and
reputable person, firm, corporation or other entity for the removal
of the Improvements from the premises, and that such person, firm
corporation or other entity will have in full force and effect
prior to and during any action in furtherance of the removal of the
Improvements from the premises, insurance coverage in an amount
equal to or greater than ONE MILLION DOLLARS ($1,000,000.00)
combined single limit per occurrence for bodily injury (including
death) and property damage liability which may result f rom any
action in furtherance of the removal of the Improvements from the
premises. Such policy shall have as insurer thereon an insurance
company authorized to do business in the State of Florida, and
shall clearly state that coverage required by this paragraph has
-----
been endorsed to include Palm Beach County, a Political Subdivision
of the State of Florida, as an additional insured.
5. PURCHASER agrees to secure and have in full force and
effect prior to and during any action in furtherance of the removal
of the Improvements from the premises, self insurance coverage in
an amount equal to or greater than TWO HUNDRED THOUSAND DOLLARS
($200,000.00) combined single limit per occurrence for bodily
injury (including death) and property damage liability which may
result from any action in furtherance of the removal of the
Improvements from the premises.
6. In the event PURCHASER is unable to secure removal of the
3
'.
Improvements on or before the date specified in Paragraph 1. above,
the COUNTY, at the COUNTY's sole option, may 1) consider this
Contract null and void, or 2) provide PURCHASER with additional
time to secure the removal of the Improvements.
7. Upon verification by the COUNTY that physical removal of
the premises may be accomplished in accordance with Paragraph 4,
the COUNTY shall deliver a Bill of Sale conveying the Improvements
to PURCHASER. PURCHASER agrees that no alteration, demolition or
construction to the Improvements will be made prior to delivery of
the Bill of Sale. COUNTY and PURCHASER expressly agree that the
terms and conditions of this Contract shall survive the delivery
and acceptance of the Bill of Sale.
8. PURCHASER represents that the Improvements will be
relocated from 1031 Hillcrest Blvd. and 930 Belmont Pl., West Palm
Beach, Florida, to replacement sites located within and owned by
---- the City of Delray Beach or the Community Redevelopment Agency.
9. PURCHASER agrees that, unless otherwise agreed in writing
by both parties, work associated with removal and/or relocation of
the Improvements shall be accomplished between the hours of 7:30
a.m. and 6: 00 p.m. Monday through Friday, and that any damage in
connection with the removal or relocation will be promptly and
properly repaired and/or replaced at no cost to the COUNTY.
10. Upon the physical removal of the Improvements from the
premises and restoration of the underlying real property within
fifteen (15) days following the removal of the Improvements, as
specified in attached EXHIBIT "B", without exception, and
4
'.
PURCHASER's full compliance with the terms of this CONTRACT,
PURCHASER shall be entitled to such funds as may be available to
the COUNTY for demolition of the Improvements, in accordance with
FAA Order 5100.38A, Paragraph 711a(2). The total amount of funds
available to PURCHASER under this Contract shall be limited to the
avoided cost, based on a fully documented estimate provided by the
COUNTY and approved by the FAA, of demolition and restoration. In
the event PURCHASER fails to comply with the provisions of this
Contract, the County may take whatever action is necessary to
secure full compliance, and may deduct all reasonable costs so
incurred from any funds which may be available to PURCHASER
pursuant to this paragraph, in addition to any other remedies which
may lawfully be available.
11. PURCHASER acknowledges, agrees and understands that the
Improvements are conveyed "as is," and "with all faults" as of the
----
date of execution of this Contract, and the COUNTY makes no
warranties, express or implied including no implied warranty of
merchantability, as to the condition of the Improvements.
12. "Maintenance" of the Improvements, as defined herein,
shall be the responsibility of PURCHASER from the date of delivery
of Bill of Sale. As used in this paragraph, "maintenance" shall
mean reasonable measures to ensure, to the extent economically
feasible, that the Improvements are preserved and protected from
vandalism. This includes securing all doors, windows and other
access points from unauthorized entry.
13. Disclaimer of Liability. County hereby disclaims, and
5
'.
PURCHASER hereby releases County, from any and all liability,
whether in contract or tort, (including strict liability, negligence
and nuisance) , for any loss, damage or injury of any nature
whatsoever sustained by PURCHASER, PURCHASER's employees, agents or
invitees during the term of this Contract including, but not
limited to, loss, damage or injury to the Improvements or personal
property of the PURCHASER or PURCHASER's business invitees that
might be located or stored in the Improvements, unless such loss ,
damage, or injury is caused by the County's sole negligence or
intentional acts. The parties hereto expressly agree that under no
circumstances shall County be liable for indirect, consequential,
special or exemplary damages whatsoever in contract or tort
(including strict liability, negligence and nuisance), such as but
not limited to, loss of revenue or anticipated profits or any other
damage related to the conveyance of the premises pursuant to this
---
Contract.
14. Upon delivery of the Bill of Sale, the COUNTY shall be
relieved of any and all responsibility for maintaining the
Improvements, any injury or damage occurring on or to the
Improvements, as well as any obligation or responsibility for
safeguarding the condition of the Improvements, which shall then be
the sole responsibility of PURCHASER.
15. In the event the Improvements is substantially damaged by
fire, flood or other casualty (including vandalism) prior to
delivery of the Bill of Sale, PURCHASER shall have the option of 1}
accepting the Improvements "as is" together with the funds
6
'.
available for demolition of the premises, if any, or 2) canceling
this Contract.
16. PURCHASER, upon removal of the Improvements and at
PURCHASER's sole liability and expense, shall be responsible for
full restoration of the underlying real property, in accordance
with attached EXHIBIT "B". PURCHASER shall also assure that the
underlying real property shall be free and clear of any and all
debris within fifteen (15) days of removal of the Improvements from
the underlying property, without exception. Compliance with the
provisions of this paragraph shall be determined solely by the
COUNTY, such determination not to be unreasonably withheld.
17. PURCHASER acknowledges, agrees and understands that
nothing in this Contract transfers, assigns or creates any right or
interest in PURCHASER, PURCHASERS agents or assigns in the
underlying real property.
---
18. PURCHASER acknowledges, agrees and understands that the
Improvements described above is to be conveyed in its entirety, and
that the COUNTY shall in no way be responsible for damage to the
Improvements occasioned by those persons or parties acting on
behalf of PURCHASER, pursuant to their direction, or under their
control.
19. In consideration of the promise by COUNTY to transfer the
Improvements to PURCHASER, PURCHASER agrees and promises to comply
with the provisions of this Contract and to the extent permitted by
law indemnify and hold the COUNTY harmless from any and all
liability (including reasonable legal and other expenses) which
7
'.
COUNTY might suffer as a result of any act, fault or negligence of
PURCHASER or anyone acting under PURCHASER's direction, control, or
on its behalf, incurred in connection with the performance of this
Contract. For purposes of liability, COUNTY and PURCHASER are
covered by the provisions of section 768.28, Florida Statutes, and
this Contract shall not be deemed a waiver of sovereign immunity by
the COUNTY or PURCHASER.
20. No prior or present agreements or representations shall
be binding on COUNTY or PURCHASER unless included in this Contract.
No modification or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the
party or parties intended to be bound by it.
21. Severance. The invalidity of any portion, article,
paragraph, provision, clause or any portion thereof of this
Contract shall have no effect upon the validity of any other part
----.
or portion hereof.
22. Actions. To the extent allowed by law, the venue for any
action arising from this Contract shall be in Palm Beach County,
Florida.
23. Laws. This Contract shall be governed by and in
accordance with the laws of the State of Florida.
24. Fee Recovery. In any action brought by either party for
the enforcement of the obligations of the other party, the
prevailing party shall be entitled to recover reasonable attorney's
fees and costs.
25. Notice. Any notice given under the provisions of this
8
..
Contract shall be in writing and shall be delivered personally or
sent by certified or registered mail, postage prepaid, to:
COUNTY: With a copy to:
Palm Beach County County Attorney
Board of County Commissioners 301 N. Olive Avenue
301 N. Olive Avenue West Palm Beach, Florida
West Palm Beach, Florida 33401 33401
PURCHASER: With a copy to:
Ci ty of Delray Beach, Florida David Harden, City Manager
100 N.W. 1st Avenue 100 N.W. 1st Avenue
Delray Beach, FL 33444 Delray Beach, FL 33444
REMAINDER OP PAGE LEPT INTENTIONALLY BLANK
------
9
'.
.
26. Assignment. Neither the COUNTY nor PURCHASER shall
assignl conveyor transfer any rights or interest in this Contract
without the prior written consent of the other.
27. Purchaser designates and the County accepts the Community
Redevelopment Agency of the City of Delray Beach as its agent for
the purpose of facilitating the duties described hereunder.
IN WITNESS WHEREOF, the COUNTY has caused this Contract to be
signed by the Chair of the Board of County Commissioners of Palm
Beach County, and the seal of said board to be affixed hereto and
attested by the Clerk of said board, and The City of Delray Beach
has caused these presents to be signed, the day and year first
written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
Clerk PALM BEACH COUNTY
By: By:
Deputy Clerk Chair
WITNESS: PURCHASER
------
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ___
day of , 1993 by ,
who produced
____as identification and who did not take an oath.
Notary
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
County Attorney
10
"
J EXHIBIT A
,SUBJECT PHOTOGRAPHS
J PARCEL NO. 99: 1031 HILLCREST BOULEVARD
J
J
;
I
JJ
I
IJ
I J {,~;;/,'~'.;.: ,-,.~.~:i.L?-
I J
J ] . ." ~ -.. .... . . -
FRONT OF SUBJECT PROPERTY
J ]
I ] i -- -- --..
j
I
i /
I
) ]
I -
.-
I ] -'
- -
- -:"iii ,~,- ,-- -'
I ] "- .111
1J)' -,---
-,-~ : lit: '- - ..
-,. I
J . - - , .
~
I
]
I]
I
~ j -- ,-
~- - =- --
,
, ..,
. .~'_........-~..~---
'.
. a
[1
[ I
[ I
[ I
[ I
[ f
[ I
[ I
FRONT OF SUBJECT PROPERTY [ I
[ I
[,
[:
I
C'
I
[
[
[
REAR OF SUBJECT PROPERTY [
[
r
l.
"
, .
EXHIBIT B
IMPROVEMENT REMOVAL AND SITE RESTORATION SPECIPICATIONS
A. Real property shall be fine graded to an elevation equivalent to
surrounding properties and sealed to prevent water run off to
neighboring properties, Graded parcels shall be completely sodded
with Augustine Bahia grass (or equivalent). PURCHASERS shall insure
that Contractor waters new sod to minimum of 1 inch even coverage
for a period of one (1) hour every day for a minimum of two weeks.
B. Only nonperishable soil materials shall be used in backfilling
excavations performed, removal of utilities, structures, underground
tanks, swimming pools, etc. , Additional soil shall be required to
replace voids caused by removal of utilities, materials, structures,
etc. , to an average site level of surrounding properties,
sufficiently compacted to prevent erosion as required. Additional
soil shall be provided at no cost to Palm Beach County, n COUNTY n .
C. All floor draining and sanitary sewer laterals shall be either
completely removed or plugged and filled with concrete grout with a
method approved by the utilities companies. Septic tanks and drain
fields shall be removed and excavation backfilled.
D. All structures shall be removed from each individual work site.
Structures shall include but not be limited to foundations,
buildings, fences, walls, storage sheds, pools, driveways,
miscellaneous slabs, sidewalks, septic tanks, wells, manholes, posts
and p~nts. Driveways and sidewalks shall be sawcut at the
property line and removed.
E. Due to the residential nature of the area surrounding the structure,
the PURCHASERS shall be required to provide twenty-four hour
securi ty beginning at the commencement of work on structure removal
and site restoration and on a continuous basis until work has been
completed, inspected by the COUNTY and accepted by the COUNTY .
Security shall consist of as a minimum, a continuous lighted
barricade around the work ,site and a licensed/certified security
guard present during non-working hours, Failure to comply with this
provision shall result in action by the County as specified in
Paragraph 10 of this Contract.
'.
'.
. RECEIVED :_ f\
AUG 4 ',. j
"'3 c: '1
[IT' DF DELHA' BEA[H CITY MM\I~G[r?', nrr '(.f
CITY ATTORNEY'S OFFICE 2liO NW 1st AVENUE' DELRAY !lEACH, FLORIDA 33444
FACSI1\lILE 407;278,4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
Date: August 3, 1993
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Interlocal Agreement Between the City of Delray
Beach, Florida and the Delray Beach Community
Redevelopment Aqency
The City Commission adopted Resolution 55-93 authorizing the
CRA to make application for and accept as agent for the City a
grant in the amount of $242,800.00 to provide for the
renovation and restoration of one or more historic residential
structures f rom the Hillcrest neighborhood in West Palm Beach
to Delray Beach.
The City also has to enter into a contract for conveyance and
receipt between the Board of County Commissioners and the City
regarding the terms of the transfer of the properties. The CRA
is designated as the City's agent in the contract for
conveyance and receipt, to facilitate the relocation of the
structures within the City.
This Interlocal Agreement is between the City and the CRA
setting forth the CRA's obligations as its agent which shall
include entering into contracts with a home moving/wrecking
company and demolition company to facilitate the removal of the
historic residences.
By copy of this memorandum to David Harden, our office requests
that this Agreement be placed on the City Commission's August
10, 1993 City Commission agenda for approval.
SAR:~
Attachmen s
cc: David Harden, City Manager
Robert W. Federspiel, Esq.
Chris Brown
cra.sar
g G
'. ,."'>
'.
-
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA AND THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT is made and entered into by
and between the CITY OF DELRAY BEACH, FLORIDA (the City), and
the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (the eRA).
WIT N E SSE T H:
WHEREAS, the CRA has requested the City, pursuant to
Resolution 93-14, to authorize the CRA to make application for
and accept as agent for the City a State Historic Preservation
Grant (the Grant) in the amount of two hundred forty-two
thousand eight hundred dollars ($242,800.00) to provide for the
renovation and restoration of one or more historic residential
structures from the Hillcrest neighborhood in West Palm Beach,
Florida to a site within Delray Beach, Florida, and the
ultimate utilization of the residences for, among other
purposes, a state office for the Historic Palm Beach County
Preservation Board; and
WHEREAS, the City adopted Resolution 55-93
authorizing the CRA to make application for and accept as agent
for the City, the Grant; and,
WHEREAS, the CRA is currently in the process of
amending its plan to incorporate a Historic Preservation
Component which would, in the future, enable it to apply for
and receive such grants on its own behalf; and,
'.
'.
-
WHEREAS, the CRA desires to act as the City's agent
in accomplishing the physical removal of the improvements from
the premises in West Palm Beach, Florida; and,
WHEREAS, the CRA, pursuant to the Contract for
Conveyance and Receipt (the Contract) entered into between the
Board of County Commissioners of Palm Beach County and the City
has been designated as Agent for the City for the purpose of
facilitating the duties described in the Contract.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1- Recitations set forth above are incorporated
herein. The CRA shall secure all prerequisites necessary for
the removal of the historic residential structures
(Improvements) . The CRA shall execute a contract with a
qualified home-moving/wrecking company and demolition company,
according to the provisions of the Contract. The CRA shall
deliver all necessary information to the County to verify the
removal of the Improvements from the Hillcrest Neighborhood
(the Premises) have been accomplished in accordance with the
Contract.
2. The CRA agrees that no alteration, construction,
demolition or other work shall be conducted on the Improvements
without prior consent from the County.
3. The CRA agrees to secure a person, firm
corporation or other entity for the removal of the Improvements
-2-
'.
'.
from the premises and that such person, firm, corporation or
other entity will have the insurance required in the Contract.
4. In the event the CRA is unable to secure removal
of the Improvements by the date specified in the Contract, the
CRA will immediately notify the City of same.
s. In the event the CRA is unable to remove the
Improvements by the time specified in the Contract, the CRA,
upon acquiescence by the City shall be responsible for the
demolition of the Improvements and for restoring the underlying
real property in accordance with the Contract.
6. The CRA will relocate the Improvements to lots
within the City of Delray Beach as approved by the City. The
CRA is authorized to temporarily store the Improvements on lots
it owns within the City until such time as the lots approved by
the City shall become available for the final relocation of the
Improvements.
7 . The CRA agrees to abide by all the terms and
conditions of the Contract as to the time of work and
responsibility for damage that may be occasioned by the
operation of equipment or handling of the debris and will
facilitate the repair and replacement of same.
8. The CRA shall maintain the Improvements as
indicated in the Contract.
9 . The CRA shall, upon the removal of the
Improvements, be responsible for full restoration of the
underlying real property in accordance with the Contract and to
ensure that the real property is free and clear of any debris
-3-
'.
'.
. '"
associated with the Improvements and any debris deposited by
third persons on the real property and for any debris deposited
by parties acting pursuant to the city or CRA's direction and
control, pursuant to the terms of the Contract.
10. The City agrees to provide funding for the
moving expenses, including the funds for the restoration of the
removal site of up to a maximum cost of seventy thousand
dollars ($70,000.00).
11. The City requests the CRA to prepare an
amendment to the Community Redevelopment Plan to provide for a
Historic Preservation Grant Project, to allow the CRA to fully
participate in this grant, to provide lots owned by the CRA for
the relocation of such historic structures and to provide for
reimbursement to the City of fifty thousand dollars
($50,000.00) for the moving expenses incurred pursuant to this
grant.
12. The CRA agrees to abide by all the provisions of
the Contract including those not specifically mentioned herein.
13. No prior or present agreements or
representations shall be binding on the City or the CRA unless
included in this contract. No modification or change in this
contract shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be
bound by it.
14. The invalidity of any portion, article,
paragraph, provision, clause or any portion thereof of this
-4-
..
"
..
contact shall have no effect upon the validity of any other
part or portion hereof.
15. To the extent allowed by law the venue for any
action arising from this contract shall be in Palm Beach
County, Florida.
16. This contract shall be governed by and in
accordance with the Laws of the State of Florida.
17. For the purposes of this Agreement, notices
provided for herein shall be deemed sufficient when addressed
to the following addressees and deposited in the u.s. mail:
Office of the Executive Director
Delray Beach Community Redevelopment Agency
64 S.E. 5th Avenue
Delray Beach, Florida 33444
with a copy to: Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, Florida 33483
The City of Delray Beach
Office of the City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
with a copy to:
Susan A. Ruby, Esq.
City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
18. Neither the City, nor the CRA, shall assign,
convey or transfer any rights or interest in this Interlocal
Agreement without the written consent of the other.
. -5-
,.
'.
.
IN WITNESS WHEREOF, the City and the CRA have set
their hands and seals this day of ,
1993.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Date:
Approved as to Form and
Legal Sufficiency:
City Attorney
COMMUNITY REDEVELOPMENT AGENCY
ATTEST:
By:
Chairman
Date:
cra2.agt
-6-
..
..
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i g'H - MEETING OF AUGUST 10. 1993
ACCEPTANCE OF FINAL STATEMENT/COMMUNITY DEVELOPMENT BLOCK
GRANT
DATE: August 6, 1993
This item is before you to accept the Final Statement of Objectives
and Projected Use of Funds for Fiscal Year 1993/94 for Community
Development Block Grant funding and to authorize staff to forward this
proposal to the Department of Housing and Urban Development for
funding consideration.
This final statement is the same as that considered by the Commission
at the public hearing held on July 27, 1993.
Recommend approval of the Final Statement of Objectives and Projected
Use of Funds for Fiscal Year 1993/94 and authorize staff to forward
the proposal to the Department of Housing and Urban Development.
'. .' ~ If
..
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: Auqust 3, 1993
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: Auqust 10, 1993
Description of item (who, what, where, how much):
Final Statement of Objectives and Projected Use of Funds Fiscal
Year 1993-1994. Community Development Block Grant Entitlement
$591,000.00 and anticipated proqram Income of $6,000.00, total
allocation $597,000.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval to submit the Final Statement of
Objectives and Projected Use of Funds to HUD is recommended.
(Example: Recommend approval with funding from Special Events
Account No. 0Ol-3333-555-44.5~ -~
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: tJM
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
'.
..
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ICi~;>
N
THRU: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
DATE: AUGUST 2, 1993
SUBJECT: AGENDA REQUEST/FINAL STATEMENT, 1993-94
COMMUNITY DEVELOPMENT BLOCK GRANT
ITEM BEFORE THE COMMISSION
In accordance with local policy and procedures the attached Final
Statement Of Obiectives and Proiected Use of Funds is being
presented for The City Commission Consent Agenda, August 10,
1993. This is to request approval to submit this proposal to the
Department of Housing & Urban Development (HUD) for FY 1993-94
funding.
BACKGROUND
In accordance with 24 CFR 570.301 (b) (2) of the Community
Development Block Grant regulations a Public Hearing was held at
the Commission Meeting of July 27, 1993. The Projected Use of
Funds was approved at that time.
RECOMMENDATION
Staff recommends approval to submit the Final Statement of
Objectives and Projected Use of Funds to HUD.
..
..
FINAL STATEMENT OF OBJECTIVES
AND PROJECTED USE OF FUNDS
FISCAL YEAR 1993-1994
INTRODUCTION
The Community Development Block Grant (CDBG) was established by
Congress with the Housing and Community Development Act of 1974
to provide local governments and residents with funds needed to
work in a comprehensive manner towards the improvement of low and
moderate income neighborhoods. These improvements are to be
achieved by providing for capital improvements that would
adequately upgrade public facilities and amenities, provide for
the upgrading of housing, including stimulation of new housing
opportunities, economic development activities, public services,
historic preservation, and overall reduce conditions which
adversely affect the health and safety of community residents and
provide for other community development needs having a particular
urgency.
Each CDBG activity must address one of the three national
objectives which are as follows:
1) Activities benefiting low and moderate income persons.
2) Activities which aid in the prevention or elimination of
slums and blight.
3) Activities designed to meet the community development
needs having a particular urgency.
Since the beginning of the CDBG Program (Fiscal year 85-86), the
City of Delray Beach's allocation has totaled $4,352,000. All of
the funds are spent to improve the area designated as the "CDBG
Target Area", which was selected on the basis of the condition of
the housing and public improvements, as well as the percentage of
low and moderate income residents.
FISCAL YEAR 1993 PLAN
GOALS
The City of Delray Beach has as its overall goal to improve
housing opportunities and existing housing stock for the low and
moderate income residents, provide for the elimination of
blighted conditions that currently exist in the established CDBG
target area and to focus the emphasis of the Delray Beach
Community Development Block Grant Program on the needs of low and
moderate income residents at the neighborhood and metropolitan
level.
'.
"
OBJECTIVES
The City of Delray Beach has as its basic and continuing
objectives for Community Development:
1) To improve deteriorated housing units, to develop new
housing opportunities and the removal of unfit housing.
2) To reduce conditions which adversely affect the health and
safety of community residents, including prevention,
mitigation and elimination of fire hazards, unsanitary
conditions, hazardous conditions and public nuisance.
3) To preserve community resources and character, including
protection of natural resources and the preservation of
neighborhoods.
4) To provide comprehensive planning to guide community growth,
including land use planning, capital improvement planning,
new housing opportunity planning, and provisions for
economic development.
The City of Delray Beach's entitlement allocation for the period
of October 1, 1993 to September 30, 1994 is $591,000.
Additionally, the City expects to receive $6,000 in Program
Income through the participation of Community Development staff
in the Community Redevelopment Agency's Loan Subsidy Program. The
Ci ty of Delray Beach has determined that the primary needs and
objectives for community development are:
The improvement of housing opportunities/conditions
through: housing rehabilitation, clearance of unfit
housing, planning for housing needs, development of land
to encourage new housing opportunities primarily for low to
moderate income families, preservation of the quality of
Title IV-A day Care currently available to very low income
residents in our CD target area, neighborhood preservation,
and provisions through public service for special needs of
school age children of the CDBG target area.
'.
..
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Proposed Use of Funds
Fiscal Year 1993-1994
Program Activity Amount
1. Housing Rehabilitation $287,389
Provide for approximately 13 housing
units to be brought up to standard
conditions. Census Tracts 67,68.01,68.02
and 65.02. CDBG Target Area bounded by
Federal Highway, Linton Blvd.,I-95
& Lake Ida Road. 100 % Low/Moderate
Benefit.
2. Emergency Repair 35,000
Provide for emergency repair for 8
owner-occupied units within the CD Target
area. (plumbing, electric, roof,etc.) Census
Tracts 67, 68.01, 68.02 65.02. 100% Low/Moderate
benefit.
3. Boys And Girls Club of Delray Beach 33,850
Funding provided to pay salaries of one
part-time and one full-time position
at the Boys and Girls Club of Delray Beach.
Club is located within Census Tract 68.01,
serving children of the CDBG Target Area.
61% Low/Mod Area Benefit
4. Title IV-A Child Care (Community Child Care
Center of Delray Beach, Inc. ) 22,261
Provide for the funding of one
full-time staff position for Title
IV-A eligible child care facility.
Census tract 65.02.
100% Low/Moderate Benefit.
5. MAD DADS of Greater Delray Beach 31,675
Funding provided for salary of one full-time
position to assist in City's Neighborhood
Stabilization efforts. Activities of this
Community Service Organization to take place
within the CDBG Target Area. Census Tracts
67, 68.01, 68.02, and 65.02. 61% Low/Mod
Area Benefit.
'.
..
6. Recreation Improvements 30,000
Provide for the upgrade of
bleachers and gymn floor at Pompey Park
Census Tract 67
61% Low/Moderate Area Benefit
7 . Sidewalks 40,000
Provide for the installation of approximately
4000 linear feet of sidewalks within the COBG
Target Area. Census Tracts 67, 68.01, 68.02
65.02. 61% Low/Mod Area Benefit
8. Program Administration & 111,630
Management
9 . Contingency 6,000*
Total Allocation $597,000
* Represents anticipated program income as a result of technical
assistance provided to the Community Redevelopment Agency's Loan
Subsidy Program.
'.
'"
RiCEIVF'''' 01{
. ..J
AlJG . ~ 1995 t./V)
[IT' DF DELRA' BEA[H CITY MANAGf::?'S OF f IC~
CITY ATTORNEY'S OFFICE 2IJO NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACS! ~lILE 407/278-4755 Wr~~_r'. D~r_c~ ~~n_
(407) 243-7090
MEMORANDUM
Date: August 2, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Easement Deed - Tropic Bay Condominium
Lift Station *32
The Commission is asked to accept the attached Easement Deed
from the Tropic Bay Condominium Association. The Easement Deed
will allow the City to relocate Lift Station *32 on the
association's property. If you have any questions, please
call.
DNT: sh
Attachment
cc: David Harden, City Manager
Richard Hasko, Assistant City Engineer
Cheryl Leverett, Executive Assistant
LS'32-Ldnt
~ r
CI1". ATTORNEY'S OFFICE TEL t\lo. 407 27::: 475:, AlJI~l fJ4 ,93 2CJ: ~57 F' . Cl3
. ROPOSED UnLITY EASEl. NT
EXHIBIT "A"
.I.8riQ DES.cRIf'TION:
A portion of Lot 319, 3RD SECTION. TROPIC ISLE. as shown on the plat thereof recorded in Plat Book 25, Pages 36
and 37. of the Public Records of Palm Beach County, Florida, more particularly described as follows:
COMMENCE at the Southwest corner of said Lot 319; thence S 89055'030' E, along the South boundary Of said Lot
319, a distance of 0.88 feet; thence EAST. along said South boundary, 46,76 feat to the POINT OF BEGINNING;
thence NORTH, 12.00 feet; thence EAST, along a liM 12.00 feet North of and parallel with said South boundary of
lot 3'9. for a distance of 25.00 feet: thence SOUTH, 12.00 feet to a point on said South boundary; thence WEST,
along South boundary, 25.00 feet to the POINT OF BEGINNING.
Said lands lying in the City of Defray Beach. Palm Beach County, Florida and containing 300 square feet 10.01 acre).
more of less.
f'.IQT~l
1. Rapr!",: ~,'s of this Sketch are not valid unless sealed with an embossed Sur.....eyor.s seal.
2. No Ti 'q .....Jin:on or Abstract to the subject property has been provided. It is possible that there are Deeds,
Easeme.ns. ""Ir other ; ~strumentS (recorded or unrecorded) which may affect the subject property. No search of
the Public Records has been made by the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Bearings shown hereon are based on the Plat of 3RD SECTION, TROPIC ISLE. with the South boundary of Lot
319, having a bearing of E.\ST.
5. Data shown hereon was compiled from lnstrument(s) of record and does not constitute a boundary survey.
6. Abbreviation Legend: P.B. - Plat Book; P.O..B. - Point of Beginning; P.O.C. - Point of Commencing; PGS.
- Pages; BDY. ... BOoRdary.
CERTIFICATION:
I I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to
i the best of my knowledge and belief as prepared under my direction on July 14, 1993. I FURTHER CERTIFY that
this Sketch and Description meets the Minimom T echnicaf Standards set forth in Chapter 21 HH-6, Florida
Administrative Code, pursuant
to Section 472..027. Florida 5t*tutes. L \\tUl
i~\~~
KATHLEEN L. HALL. P.L.S.
Florida Registration No. 4103
A VIROM - HALL &. ASSOCIA TESt INC.
L.e. No. 3300
i J08j 422.3-4
1
! ~ AV.OM/HAU. .. ASSOClA1ES, INC. OAT!; 7/14/9J
!
\ 10 I.W. 2nCI AV.... sum 102 SHEa.....l.... OF ...i...
j toeA. _ATON. R.oaa.A ~
! ,c~n *92-26.4
_____., .0
..
" C I r,' AT T C1F:t',j E Y 'S IJ F FIe E TEL ~,jD. 407 278 4755 Auq 04,93 20:58 F' . Cl4
....
PA.,/POSED UnLITY EASEME,
EXHIBIT 'lA"
\
I SCALE " ~ JO'
G-;
0 . LOT 320 i -..
\) c(
~" I
V ""tr ~ ~
~ ~ I ~
't "'-, \ c::i
I' ~ ~
<0 I
G "- ~ <::s
c
'\ LOT 319 e
~ (r
(' JRD SEcnON, TROPIC ISLE I \
<(. (P.B. 25, PGS. 36 & 37)
-<.
2:1.00'
___r--------!
EAST \
25. 00'
~8 .. .. , g j!:
................... ~
~ ..............41.~..11..
.. .......11 .. '1'." ... .. .. ~....
. ......... .......... N
~ ~ ~ :::::::::::::::::::::::::::::::::::::: ...
l 46.?" 25.00' 1
I I
, I
I Kf'ST 8 : \
a: P.O.c.
I
~: So IV, CORN~ OF P.O.8. ~l
. /,.OT 3JR I L.___
j ,
I ,
I - -f - 1- -
GARDENIA DRIVE
.. , -
JOB I 422.J-4
8) AVIROMIIl.'UL · A&80ClA_ ItlC. DATE' 7/14/93
ao LW. 2nd AVINUI" ...... 102
BOCA RATON. ,..O.IDA a$oSU SHm-LOF J....
",on ~92-16."
--.-..---- ----~._.. ~..- .... .---
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERWl
SUBJECT: AGENDA ITEM it 1> j - MEETING OF AUGUST 10. 1993
WAIVER OF LANDSCAPE REOUIREMENT/THE PHOENIX
DATE: August 6, 1993
We have received a request for waiver of Land Development Regulations
Section 4.6.16 (H)(4)(d) for the Phoenix Restaurant and Bar located at
6 S. Ocean Boulevard.
Section 4.6.16 (H)(4)(d) requires that foundation landscaping be
provided at building elevations that are visible from adjacent
rights-of-way. In place of the landscape materials, the applicant is
proposing to use decorative railing.
The Site Plan Review and Appearance Board at their July 28th meeting
recommended approval of the waiver request. A detailed staff report
is attached as backup material for this item.
Additionally, in light of the zero front setback requirement for this
property, staff feels a waiver is appropriate.
Recommend approval of the request for waiver of Land Development
Regulations Section 4.6.16 (H)(4)(d) for The Phoenix located at 6 S.
Ocean Boulevardj subject to positive findings with respect to LDR
Section 2.4.7 (B) (5) (a -d) .
.. ,j1;'
.,
,)1(
l11
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
THRU:
FROM:
SUBJECT: MEETING OF AUGUST 10, 1993
APPROVAL OF A LANDSCAPE WAIVER FOR THE EXPANSION OF
THE PHOENIX, 6 S. OCEAN BOULEVARD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a waiver of LOR Section 4.6.16(H)(4)(d), requiring the
addition of foundation plantings to existing structures by
October 1, 1993.
The subject property is the Phoenix Restaurant and Bar,
located at 6 S. Ocean Boulevard. It is located south of
Atlantic Avenue, on the west side of Ocean Boulevard.
BACKGROUND:
The subject property is an existing restaurant and lounge,
located at 6 S. Ocean Boulevard. The current development
proposal is an expansion of the existing restaurant
incorporating the following:
* Addition of 1,898 square feet of building area in the
form of a 1,299 square foot mezzanine and the addition
* of 538 square feet of floor area to the rear 0 f the
structure, and the expansion of the outdoor dining
area by 61 square feet.
* Raising the roof of the structure from 14' to 27' (30'
to the top of the parapet) to accommodate the
mezzanine addition.
* Change of elevations, incorporating a concrete facade
with aluminum awning structures and a decorative
railing around the outside dining area.
..
..
city Commission Documentation
Landscape Waiver - 6 S. Ocean Boulevard
Page 2
The proposal does not include the addition of foundation
plantings for the structure as required by LDR Section
4.6.16(H) (4) (d). In place of landscape materials, the applicant
has proposed the use of a decorative railing. The applicant is
requesting a waiver of the required foundation planting. In
light of the zero front setback requirement for this property, a
waiver of this requirement is appropriate.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
SPRAB considered this item at its meeting of July 28, 1993. The
Board voted 6-1 to approve the site plan modification, 4-3 to
approve the elevations, and 7-0 to recommend approved of a
waiver to LDR Section 4.6.16(H)(4)(d).
RECOMMENDED ACTION:
By motion, approve a waiver to LDR Section 4.6.16(H)(4)(d),
requiring foundation plantings for the the building at 6 S.
Ocean Boulevard.
Attachments:
* Location Map
* Site Plan
* Elevations
'.
..
I ,VITI \ I, I~.- II 'I"TI 'II
~ .., I ~ ,I
J I THOWAS StREET
--~~)-I 1
I-- - ~- I
~ - -
<
~ ~ ~ w -
I ~- - <
~ =<= - d I
_ >- 2: J
~~y smu J
: ~~ --=- II I
a: ~...: - ..Ju.. ---1 1. I
-
lAJ ~"""'-
~
I- .:--.." - 0
- ~~ --1 <
< IJ_
~ ~~_ 0
~~- 1 Q:
I J ~ -r, I J
ATtANllC AVENUE ~ ~
11 g~gll~W!i)~* ;
_ ~ __:c_"--c L...
- .- CJ
u,
I 0
i-- -- -I-- I
-"--
-l -"-- -
---1 ---10
-J J I I. } CJ
1 ~ I IF ;:
< - ~
_ -J
o ::>> ~
(J 0 -J
I < i-- CD f-
a:
I- JJ- - ~
_1 z J j Z
- - .- I ~
~ ~= OCEAN """ ] ~ I
_ - - I-.-Jo
J A J 51 AI u J J
~ EHffiB ' 1 I
- i "I s EtT I THE PHOENIX I
<ll a\O'\CD~O
., .. .. .. .. .. ..
.... .0'\ CDltO 0 0
'" 00 .... 0 e
.....
.... .....
0 .....
...
.. :l
.c
.; U
N""N~....-4 ...
l( ..... N.... 0\ .c
w N\ON..... :l
- - -
ro: .. ..... ... .. ..
III III III
... U ...
U '" CI ..
CI 0. ...
.. E
'" III C"fO\O 0\ 0 " 00.'" t"'\ CD I " ..
of' ., .. . . .. .. \II "'0\0.., '" "'0'" \II 0
... .... ""00'\\00 .. r-<oNr--,..... CD I "0 '.,,"'n.....
en ........ 0 0 .; - ... ... o . o . e
..... Co .. ..... ..... 0 > 1....000
... 0 0 U
0 .. III .. I
..c '" c:: III '" e
E< .. 0 ow 0
..c .... e'
0 ... ...
.... .... 0 00
E< .i " I e
U " ~ ...
IioJ ci. CI III ...
.., ... 0..,.""0..... 00 NOM"" ... " "'
0 '" 0 W'lC)Q)V'lIO\ e ..... of'll'l .... .... III ...
II: .... ... ,...,....."..... ... ... 00 CZ) 0 I ... I .. .. .. l(
Po - ... - - .... - - c .... 0000._
... of' ... "' .... .... ... ... " I ....~....
ro: ... 0' III
)( "' " III ..
iii c.l .... a: a
; 0 CI
0 0. "'
.., .lC
-- III U
III .Cl a
u .Cl
CI 0001 CII..... .. . 0'..... a 0 ...............
lIIe\llUCI oeca 0. ... CClOO.
\ ........01.... 0............. .. 0............. .
..ce..co.o .....eco ....." III .. II: .. ..
.~ ?!.!/"kt"1.L.V'M ... <nE< looa....E< III III loo . III. .
"0" "CI ."... .......-0-0
0 lIIe -0" ... C c..... III
) 0">C11 c... C . >0 ...........
....0010. ::IX 0 0 0'00 a
...0...0 CI 0 0 .... 111"111 ...-0111
) os CI -0 III .. 'tI .... II: '" - "O-oC..
" III .... ".... .. " ., .... ... "' ...t-tClU
... a C::I ..c ::I -0 0.0'.... .>c en en c
..c CI ::10 0 -0 cc... U ......
0 .. ..c ....... CI a
III \II .. 0 .>e.>e .Cl filII
.... .... U 0 .... ..... .... a:.a
I I ... .... .... .. C1" III
I I I I I en CQ loo Z; "'Co <n
.lL
___ "04~6't oJ'''''' -----'- ,..~
~""""J .I,.!J':' ---' U
f---- ~ 1..= ~
~. ~l.A:>zIfr:H ?79.J" f~
-?I""'i!r.l O'I~JI' ._~.__.
'0-
-'
- i
- 1
. .
. "
- ,. ~ ....
-
- . '
- \At
- - :It
- J
- \!
- ~a'
- ~~)
- ~~'"
- -
- {. - ~!r
- c~
'1 - ~'"
- - ~~~
"
- - .
:
"
- -
l "::;1.14-t ,I ~
I @ I @ I
~ cf ~-
~ ~ ~ ~ ,olI. '!z
~ ~ "
-~~~ ]1'
I Z 7 \- l I
- r .t I.,
'. ~ ":": -
"
I I I
I
I
~ .,. I I r -
'\ < : r
" ') I
Sr- , ,.
7: 't: .' I, ". I / · I
,\ '") . ,. \
oj .! . > - - - - - 0.; I" I Ii
.\c.....1 l .~ I': -.
, . I" ..... ~ '- _ ~~ 1
3 -!. ~ -I I I _." ~'. I: ;: J;t
~'l ,I . ,,- I ..
'~ " ... .' '-' 1
. ~.' ~..: I I ~ ~ \ ·
\ . . : ~ I I - ~\ ~ - ,
I ( - -.- - --- .
. I Jr. I !
I ,~. ] r ...
,.. , . . .. "- I I
" \ - -.- - -- ..}. ,
I I . . . I I ,.: I :7,
-i r. . ;~:. ~
I -z ,--:-= - - - . - ';' I ~ ',I
01.. .'. ?....., I .. ~
I -_. \ 1
. I \ . <J III . ~ ~ ~ -
,__ I
. I ,. J '"\ I
I \ I I ,.., J r
1; z I ,/; ":~ :~ ~ t
I ' 1h: I .1 .' m,.; .,.. I
'.' \ . l"" ~ ,,' }'~ '-.. ~ ~ 7-
< .,.. : J ' .... '. . I .\
, I' 71. "I rt," '-. ~;I ~ '0 .-' :- I ~
., ':l -" .. I - . ~
..!.t I \\ I ~l.:,'r . I . }
, 'L ~.-1 \,._yJ.( \: ~
, 1_
l ~
I r::] n r . r-, ~ ---
I 1 r-'i-H, ' --'I -- .~ (", I ·
11'- ~':II--
\ -: 1-- -- -1- . 1.. ...
-I,.. -:' -:.. '.: I - I L'
~ ...... .. .:" .;.
I r.. .- --.- - I ~ ...,
or. / ) -- ..:.>
;t ,\' . , ,I I I ';" -..J I Z ~ 0
I '- / ,-,--'--r-r- ~ I \ I \=
\ / '. . _I I I i ~ _ - ~
I' I r - '>
. '" . :: J- -,'- '\.~ : ill
i ,.... " I I:; 1: I" r ..J
"'C -', ::;--.: 1.\
~..: ;--F1- 'J; , r u..J
~ ~ " -.. '1. I - 0
~~ l. ~< - - -r- } ~ : l T \- "
.~r-IT \ ;_ ~. &::
,
.
..
"
"
M E M 0 RAN DUM
(REVISED)
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # - MEETING OF AUGUST 10, 1993
CHANGE ORDER NO. 2A AND REQUEST FOR FINAL PAYMENT/
ALL-RITE PAVING CONTRACTORS, INC.
DATE: AUGUST 9, 1993
On November 17, 1992, Commission approved Change Order No.1 to the
contract with All-Rite Paving Contractors, Inc. for the Cason
Cottage Paving and Grading Improvements project. The construction
change ordered by Change Order No. 1 was for the addition of a new
five foot wide concrete sidewalk on the west right-of-way of N.W.
1st Avenue from N.W. 2nd Street to the Cason United Methodist
Church (approximately 1,100 linear feet). The change order amount
was $15,465 with funding from CDBG - Streets and Sidewalks (Account
#118-1965-554-63.11) .
On April 13, 1993, Commission approved Change Order No.2 in the
net deduct amount of $1,945.89 with All-Rite Paving Contractors for
work associated with the sidewalk improvements. It was
subsequently determined that an administrative error had been made
on the correct quantity for Item B4 which resulted in a $2,000.00
credit to the contractor. Hence, Change Order No. 2A Final is for
a net add amount of $54.11 to reflect the corrected quantity.
This item also involves a request for final payment in the amount
of $2,892.41 from All-Rite Paving Contractors, Inc. Staff has
reviewed the project and found it to be satisfactorily complete.
Recommend that Change Order No.2 in the amount of ($1,945.89) as
approved on April 13, 1993, be voided, and that Change Order No. 2A
Final in the net add amount of $54.11 be approved, together with
the request for final payment in the amount of $2,892.41 from
All-Rite Paving Contractors, Inc.; with funding from Community
Development Block Grant - Streets and Sidewalks (Account
#118-1965-554-63.11) .
ref:agmemo19
"
,.
I Agenda Item No.:
AGENDA REOUEST
Date: August 4, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
Workshop Agenda When: August 10, 1993
Description of item (who, what, where, how much):
Staff requests City Commission to void previously approved Change Order #2 and
approve Change Order #2A Final to All-Rite paving Contractors, Inc. for the
Cason Cottage Paving and Grading Improvements (92-25). Change Order #2A Final is
for final as-built plus/minus adjustments based on final field measured
quantities. Change Order #2A Final is for an net add amount of $54.11~~ Funding
Source is '~,r9~. Staff also requests final payment be made to
All-Rite in the amount of $2,892.41.
ORD~NANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES N
Recommendation: Staff Recommends approval of Change Order #2A Final. Change
Order #2A supersedes change Order #2 previously approved by Commission. An
administrative Contract quantity error (item 4B) changed the final net deduct
amount of $1,945.89 per Change Order #2 to a net add amount of $54.11 per Change
Order #2A. Staff also recommends final payment to All-Rite.
Department Head #/);
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternative (if applic~ble)
Account No. & Descr~tio1P~ -19/c'5; --f:S4..1P'h....' It C15p;b-IMPRoVbft16NR
Account Balance /--i... t 7--t;;!;,
City Manager Review:
Approved for agenda: f9/NO nJI
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
'.
..
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2A Final PROJECT NO. 92-25 DATE:
PROJECT TITLE: Cason Oe~tage DAvinq And gradift~ ImpEe7emQAt8
TO CONTRACTOR: All-Rite Paving Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final As-Built plus/minus adjustments to Contract per Attached Schedule 'A' based on
field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 38,980.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 15,465.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 54,455.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 54.11
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 54,499.11
PER CENT INCREASE THIS CHANGE ORDER .01 %
- -
TOTAL PER CENT INCREASE TO DATE 38 %
-
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for All-Rite paving Contractors, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Sources are: 333-6111-541-61.97 for +$ 54.11
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
Dan Beatty, Assistant City Thomas E. Lynch, Mayor
Engineer
ATTEST:
APPROVED: By:
City Attorney City Clerk
'.
,.
Project 92-25 Schedule "A"
Cason Cottage Paving and Grading Improvements
Change Order #2A Final
---------------------------------------------------------------------------------------------------------
ITEM ITEM DESCRIPTION ContractAs-built +/- C. Unit
NO Qty Qty #1 QTY Price TOTAL
---------------------------------------------------------------------------------------------------------
A Original Contract
1 Clearing and Grubbing 1 1 o ls 1000.00 0.00
2 Tree Removal 2 2 o ea 150.00 0.00
3 Tree Relocation 4 4 o ea 150.00 0.00
4 Earthwork 1 1 o ls 1500 0.00
5 Swale Excavation 1 1 o ls 500.00 0.00
6 Traffic Control 1 1 o ls 500.00 0.00
7 Asphaltic Concrete Paving 830 864 34 sy 12.00 408.00
8 Stabilized Subgrade for Sod Parking 1025 1120 95 sy 3.00 285.00
9 Concrete Header Curb 385 357 -28 lf 7.00 -196.00
10 Type '0' Curb 195 204 9 lf 8.00 n.oo
11 6' wide x 6" thick concrete sidewalk 360 360 o sf 2.00 0.00
12 St. Augustine Floratam Sod 13860 13495 -365 sf 0.25 -91.25
13 Striping, Signing and Wheelstops 1 1 o ls 800.00 0.00
14 Hong Kong Orchid 4 4 o ea 145.00 0.00
15 Pigeon Plun 1 2 1 ea 185.00 185.00
16 Green Buttonwood 3 3 o ea 140.00 0.00
17 Silver Buttonwood 108 108 o ea 9.00 0.00
18 cocoplun 96 96 o ea 9.00 0.00
19 Royal Poinciana 1 1 o ea 175.00 0.00
20 East Palatka Holly 4 4 o ea 175.00 0.00
21 Diahoon Holly 2 2 o ea 160.00 0.00
22 Ixora 66 66 o ea 9.00 0.00
23 Myrsine 65 65 o ea 9.00 0.00
24 Lt. Pink Pentas 50 50 o ea 3.00 0.00
25 Live Oak 4 4 o ea 225.00 0.00
26 Variegated Liriope 150 150 o ea 4.00 0.00
27 Design-build irrigation system 1 1 o ls 4500.00 0.00
28 Testing Lab Allowance 1 0.59 -0.41 ls 750.00 -303.40
29 I ndelll'l i fi cat i on 1 1 o ls 10.00 0.00
B Change Order #1
1 4" Concrete Sidewalk 5000 5000 o sf 1.42 0.00
2 6" Concrete Sidewalk 1600 425 -1175 sf 1.70 -1997.50
3 Sawcut Pavement 180 180 o sf 0.25 0.00
** 4 Pavement removal 100 100 o sf 2.50 0.00
5 Sidewalk Removal 900 1250 350 sf 1.20 420.00
6 Sidewalk Excavation/Compaction 1200 1200 o lf 1.10 0.00
7 Swale Grading a City Attorney Office 160 sy N. I. C. 0.00
8 Maintenance of Traffic 1 1 o ls 700.00 0.00
9 Layout 1 1 o ls 250.00 0.00
10 Misc Removal Allowance 1 1 o ls 2000.00 0.00
11 Irrigation Extension a City Atty Office (Bimecap) 1 ls N. I. C. 0.00
12 Sodding Q City Atty Office (Bimecap) 160 sy N. I. C. 0.00
13 Sodding from City Atty to NW 3rd St 0 5783 5783 sf 0.22 1272.26
---------
Net total add for Change Order #2A Final 54.11
=========
** Per original Change Order #2 Final submitted to Commission the Contract
Quantity for Item B4 was listed in error as 900 sy instead of the correct quantity of
100 sy. This error resulted in a 52,000.00 credit for this pay item on Change
Order #2. Change Order #2A reflects the correct numbers and a 50.00
adjustment for this item. This adjustment changes the final Change Order
amount from a net credit of 51,945.89 to a net add of 554.11. Change Order #2
was never executed and this Change Order #2A super cedes Change Order #2.
,.
..
~~ ... -, 0' a. - > !Xl :r -'"0 n _O:;l n nN~"" 01>
;:t- :r::JQi>J::J ":': 1t)~IllOa z z ::> "On n 0,;.. ;lO
m~ (1)~~nr~~ illC 5:3 o It)
>0 It) C "0 ... :r I 0 ~,;..t"'0 ~ ""C::I.
nQonn n -, It) "0 3 C - 3 "0 ~ III ::>
::0 0-....00 ::Ja.O'- :J n ... _0:J 013: ~, ""C::I
mn :J III - 3 ... 'lll'<~!!:.a. :r 0' 0 000 Z Z ~z::dn
"'c: - a.:r a.:I: - It) _0 It) III It) <: C It) C) z !:
-~ ... - It) "0 III ::J :ra.0... ~ .... lP "'0 m -4
~'" OJ.... "":J a. q. ~ 0
o :r ::> iii' - o It) _.:J !:!!o m n
z~ o Ol ~ -' @ -4 n::JlllOO It) - 3 -. 0 S; .." ~I:%:I Z ~
:r oa.
zE) ....0 :r::J 1ll01ll:J:J ~ iii' :J Ol ;lO o . -l ~
iii' C ;:;:~ ~. m a.3:Jna.~ 0 - .... 0 ;lO "tl ~
~13 C _n 3: :r'" m ~
III It) :r- n lPlt)OJoO'n n III '" III ;lO "~~q t:ltl>o(')
~~ lP~OlP:r :r - 0 -
~~ v,.. (1) ,... -t ' aoa.~g III Ol :J 0'"0 VI 0'1<:0 I:%:IWH 0
;:;:0 O':r .... '" 0 III Ol ~ ::> - ,<"0 C (,)I-3H l:"ItI>ol-3
"'0 .,..,:::J~::: :r ... ~tI:Z~
O!: - '" 0 /1) t./) "0 00 3: ~CIlt< Z
;~ /1) :::-::J <: n ~o@3-~ /1) "0 ~ ~ CIl G)
a.:roroo 0 ... 3: ;:1:1
oOl~Ill:Jn ~.'" ~ /1) 0 d 0 -l:Ja. ::> Ocll t<~o
"'- ~/1)"O - ~ ~;:-.':f'" ... <: o Ol _0 .... ZI-3(') Htsj >
nO a. It) ~"':J ;lO t./)
:l:Z "Ooa.-oiil m a.o:ro@ Ol ~ a. -< . 0 0121 Z
~> ~ *~ ~O ;:1:1 .....~S-~~ .... )>' > (')... Z ~1-3t:l
'" r- r-
q6 3 iii' ,"-, !!:. 0 -f a.....(t) Ii ~ VI 0 1-3 01:%:1 C
Y'r ~ -. a 0' g - 30nO/1) ""C::I 1-3"tl::d (')Zti
'" _::Jo?c "T1 ~ ... 0 <: '" ""C::I 1-30. ~~~ n
....:j 0~3"'3 - 3-~a~3- ,.. ~~...
t;J_ Ol~OJ~!!:' rn
,,, ... ....n :r0l n ::> G) H tsj~t<
zn -O!!:,Ol::J -
:r... -, ::> _ > 09-00'0 0 n I:%:I~~ ~
m~ /1) a. 0 ... '" ~"O 0'< - 0 tiZ01
::Em >~;9-~~ :J"'03-i[ :3 ~ o. ~~
-<"T'I -
00 3:: n :J ;:-.' III m . /1) ~ n _, 0 "T1
;0;0 OOla.ro'" .:-' _0 C '" 0' 01 W (')
III 0 3 >/1) z - -
""~ ~0'!l~"T1 0 1:%:1 W tI: n
~~ C;:-"Olno 0 :JS;ro-o~ VI ~ W
z:r~/1):J 0 III a. a~o Z W ~
~~ -I.../1):l. - .... nU'l -.......
n :r .... -. 0 ;:1:1 Ol :r0l- n_ tI: tI>o
f't) ..... ~:J !!:'a,3-~.i[
r-' . ~n:r~.;, "T1 m
Z:: ... ng:!!:,gn W
-I 0 ro -, ~ 0
~~ :;; :J ~ 0 ib ;J> 0'1 :; III III .... 0 W "T1
: .... ;:;;;;j~~g.i.( H ...;=o:J ;:1:1 0 0
'l) ~ Z r'Ocncu"':; 0 0'1 < .."
:Hl O!l"'Ol", 0 (') ao3;;?U m ~ S; ;lO
>m ' :r0/1) ~ . 0 ~ 2 ;:1:1
<1\0 Olll~< "O...g'<o C );
:1:_ ~ m
--I g~::J!!:' rn. ~;;?~~~ g 8
z- 'W i.( ;lO ~
80 c'" /1) -, Z 3'< "':J '" n
3 0 ... 0
O~ 00 ... ::J 0l3:r-:J i 0 ~, I
.z> ~ill~~ -4 ~ ~ ~ ~~ i~ =i . , (') i.(
O~ ;;~::::J I \I'l....~V'I_ m m , , ~ ~
:r~0'0'/1) I ; I I 9
n . - 0l0a. J i Z cIl
Gla.............. OOl/1)Olg
, 11' ::J III :r:r ,~ ... Ol III /1) I -4 " 0 m
'" a.",0l0l :J lP, ::J :J _ Z Z
~@ , -4
, (')
, 0
"0 n:;l !Xl ::>~~ 3:Z~~ ~!X' :'-' ?' '!-" :"-!-"!'l..... n::> 1-3 ,).
ill 0 -0 ":': ;lO::t::: '<~O'!!:. =n ~ 0 ~ 0' ~~ onzo 0"0 1-3 S;
-.:J '" nlllo ="0 ~
6-.;;jn nlll}!;lP ~c: rn _ 0 ~ OI1l~ --
;:!:S-c: o~...o s:~ c.n > ~ I I> >z-- 5' n' G) l:J
-'n /1) ~ Ol ~ C !!:, 1:%:1
n_:l. 3.."&~e.z~~..,,e.~~~n n Zn~-l~8 ~ -, 0
/1) 0 _, qij 3C/1) :J mO(~:J ..../1)0 0 0 ~~z _0
,.....,=: -O'a.tsj/1)n~:::~/1)~~--~_~~-n =~ c':J ()
o :J n ., iiJ n '" -Ill ti m III C C C'lC OqCIQ = _0 c:
OJ Q.I ~ ::J m 6' 1'1' :J 0 w -4 ~ ~ - .l>o ~ :i" 3' 3 0 30m 3::: III ~ '"
:J 3 /1) ~~ :J a.::d roO~ Oromndl;:J....:J......:J .."c.nC"n c.n3 ~
'< /1) -. -. - ?" "~~ C"Oo.~~On O~C~O :Till n,
... a. '" o ." Cb ::EH"'-:::r=:c.n'" - 0 0 III a. ~
00' :r::J ::J ;;; ~ ot:lc~m~nC~~e.gill+3 0~:::9~ ~/1)
:r/1)0 ~~ ~o -l
-... - ~ 3~~c.n~/1)m~c.n:J:JC)a.m~ :JOS~~ C'l
'" Ol III /1) _ :c O';lO c.n /1) 0/1) C) ;j;:;
-.:\
O:JCb 3 "fa ~- o_::!~",-~<l'" ~ ~"o'il q ~
. .....00 0 -.."c:....,,~~OIllWlll a. 0111 o~
~iiiO c:: ~ ~mO-o -+_;C) ~-4>'Oc.n N
f'b VI ::to ;?. 0'1.... c: 3n->C) ...~~ o~~c: o 3
c III '- 0 c.n ' >. III - V1 -. 0 Q. n /1)
o III 0' l"'l ... o"O""l':z~O' ~~o ~~I1l::: C :J
~ /1) ;IO'...m >0 ... mr-~ 3- ..,,::> ::>
~ :J i'D Ol '- ~ 0 _, c.n W 0 '" 0 -, III n .."
:J @ , a... 3 00 C'l-... :J Cb - 0 ~;lO m .." :J
~1"'> >' ...." m' -4/1) = III On ;lO .." ~
/1)' -l :::t!. -'" Z
..."0 :r Ol . V1 /1) -: nO ' ~ ~ 0..... 'iiiI 0 r- ...
o III /1) Cl.: ~ z, /1) ~ 1+ C'l'" -l ~ C
~:r g q~ 0 0
... '< > ' ~':l. 0 a~
9-,: tJ'M C1 0 -, >. N (50
n~3:: :;1:0 J b' m-;r ;;1-' - :J zq 0 0 :J
g:lo Ol ' c: III iii' 0' 9vl '"
,... 0 ~::J ib 0 z 0
"'IllC <-;, III Ol
OJ:Jz ~o o~ - . - - ~ ~, Z :J
~ , -0
!l~-I 0: ~ ' ~ -~ m \0 '- 0 ...
Q~n 3: ::;rs" . /1)
:r _0 N V1 .. <:
nm ,.... /1) :J ~ I '- /1)
C/1);lOO ::J-' P-n .....
01 0 N ~'tsjW '"
:J"O-Illl Ol' lb
~iil':;;ib III a.::d 0 '- U1 WH
~ 0 :J N ~ '"
"'~;:;;", ,.::J IA ~ loA IA ~ loA loA loA IA ~ :J 5:.
... /1) 0 ' 0 0 ~ /1) co !!.
" g.
~o c:: -~ V1 V1 " W '-
~ -. in" ~ ~E5 N ~ ~ co 0 \0
n"O "0 III :J N ~
o III III :g Z co 0'1 ,;.. \0 ::E 000009-
:J '< -< C'l
...3 III 1:%:1 \0 0 \0 co ;:-.' '"
- :r n::>o~
iil~2: -. ON 0'1 ~ 0 0 0
Ol
Fl-Ol Cl.. . . . . . . . 3- o ;lO ~ :!. ~
III 0 0- 0';" -...J ~ 0 0 Cb znzg" 0
C'l ... :J -lI _
/1)_ :-0 O~ 0 ~ 0 0 n ~ - m-. ...
~ ::E'< ..... :.. 0 -l;lOO
S -, ... \D :J qq ~
I ~O - )i
'"" \0 ...
lD o ... III o .. C'l
~, c:r W Fl ~ r;:
_Cb
. .. .
.,
..
! .,.: :.. ~l~ "
,I:
#
.
FINAL QUANTITIES ON CASON COTTAGE
A. ORIGINAL CONTRACT:
1. CLEARING & GRUBBING 1 EACH 1000.00
2. TREE REMOVAL 2 EACH 300.00
3. TREE RELOCATION '4 EACH 600.00
4. EARlHWORK 1 LS 1500.00
5. SWALEEXCAVATION 1 LS 500.00
6. .TRAFFIC CONTROL 1 LS 500.00 ", .;.:~
7. ASPHALTIC CONCRETE PAVING 864 SY 10368.00
8.' ' STABILIZED SunGR FOR SOD P ARK.ING 1120 SY 3360.00
9. CONCRETE HEADER CURB ' . 357 LF 2499.00
i 10. TYPE D CURB ; : 204, LF 1632.00
11.6' WIDE X 6" CONCRETE SIDEWALK 360 SF 720.00
12. ST. AUGUSTINE FLORAT AM SOD 13495 SF 3373.75
13.' STRIPING, SIGNING & WHEELS TOPS 1 LS 800.00
14. HONG KONG ORCHID 4 EACH 580.00
15. PIGEON PLUM 2 EACH 370.00
16. GREEN BUfTONWOOD 3 EACH 420.00
17. SILVER BUTTONWOOD 108 EACH 972.00
18. COCOPLUM 96 EACH 864.00
19. ROYAL POINCIANA 1 EACH 175.00
20. EAST P ALATKA HOLLY 4 EACH 700.00
21. DlAHOON HOLLY 2 EACH 320.00
: 22. IXORA 66 EACH 594.00
i 23.MYRSINE 65 EACH 585.00
i
i 24. LT. PINKPENfAS SO EACH 150.00
25. liVE OAK 4 EACH 900.00 "r"'~t'l"',.'.'" "";i-'i'.,'...,'(~,~'f"
}t' \., I.-;'j~' :." I, ." ,/..' ,
26. V ARIEGA TED LIRIOPE 150 EACH 600 00' "I,,' ". , . . 'Ii:
. ' '.' I' , , ~.~ t
27. DESIGN-BUilD IRRIGATION SYSTEM 1 LS 4500.00
28. TESTING LAB AU..OW ANCE .59 LS 446.60
I 29. INDE:MNIFICATION 1 'LS 10.00
. "'"
,.
.... ..'.,....
.
.
'. ,
, ,
B. CHANGE ORDER NO. 1 \,). )
1. 4" CONCRETE SIDEWALK 5000 SF 7100.00
2. 6" CONCRETE SIDEWALK 425 SF 722.50
3. SAWCUTPAVEMENT 180 SF 45.00
4. PAVEMENT REMOVAL 100 SF 250.00
S. SIDEWALK REMOVAL 1250 SF 1500.00
6. SIDEWALKEXCAVATION/COMPACTION 1200 LF 1320.00
7. SWALEGRADING@ATTORNEYOFFICE 0 SY 0.00
8. MAlNT. OF TRAFFIC 1 LS 700.00
9. LAYOUT 1 LS 250.00
10. MISC. REMOVAL AllOWANCE 1 LS 2000.00
11. IRRIGA nON EXTENSION 0 LS 0.00
12. SODDING @ CITY ATfY OFFICE 0 SY 0.00
13. SODDING FROM CITY ATTY TO NW 3RD 5783 SF 1272.26
TOTAL CONTRACT AMOUNT $54,499.11
'.
'.
, ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM # ~ - MEETING OF AUGUST 10. 1993
CHANGE ORDER NO. 7/MOLLOY BROTHERS. INC.
DATE: August 6, 1993
This item is before you to approve a change order in the net add
amount of $13,419.03 and a request for final payment in the amount of
$17,440.90 to the contract with' Molloy Brothers, Inc. for the
completion of the Northwest Drainage project.
Change Order No. 7 is for final plus/minus as-built quantity
adjustments to the unit price contract and miscellaneous changes for
the original contract and previous change orders thereto.
Staff has reviewed this project and found it to be satisfactorily
complete.
Recommend approval of Change Order No. 7 in the amount of $13,419.03
and the request for final payment in the amount of $17,440.90 from
Molloy Brothers, Inc. i with funding from Dec6.de of Exoellence Bond...
Iscue Nortl:J.ueot Drail1age (Account No. 225 3161 541 61,39).
S+oemWA+<ee... LL-t-i liLt Fu...n 0 - JU . uJ 0 0 fCf+ I n A-G-S PRo ;:[fC-v
(Aec.Jl-, -.#:: LiLt<3 - -S'L\ II - 6' 3'3' - fa:;), I,)
'. "",
. 1/))\ ( 0nR1
Agenda Item No.:
AGENDA REQUEST
Date: August 4, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: August 10, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #7, Final to Molloy Brothers, Inc. for NW
Drainage Outfall Project (91-64) . Change Order #7, Final is for final
plus/minus as-built quantity adjustments to the unit price contract and
miscellaneous changes for original Contract and Change Order Nos. 1 thru 6.
Change Order No. 7 Final is a net add amount of $13,419.03. Funding source is
#225-3161-541-61.39 for +$16,152.74 and #442-5178-536-61.79 for -$2,733.71.
Staff also requests final payment be made to Molloy Brothers, Inc. in the amount
of $17,440.90.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES
Recommendation: Staff Recommends approval of Change Order #7 Final and
authorization for fi al payment to Molloy Brothers, Inc.
Department He
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: YESVNO
Funding alternatives
Account No. & Description
Account Balance 0 "}.,
City Manager Review:
Approved for agenda: @NO ~1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen2513.doc
'.
I
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
~HANGE NO. 7, Final PROJECT NO. 91-64 DATE: 8/6/93
~ROJECT TITLE: NW Drainage Outfall - NW 2nd st from NW 3rd Ave to E-4 Canal
TO CONTRACTOR: Molloy Brothers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION: Closeout change order for Change Orders 11-'6. Final adjustments are
based on actual as-built field measured quantities per attached Schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 778,075.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ '541,670.69
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,319,745.69
COST OF CONSTRUCTION CHANGES THIS ORDER $ 13,419.03
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,333,164.72
PER CENT INCREASE THIS CHANGE ORDER 1 ,
TOTAL PER CENT INCREASE TO DATE 71 ,
- -
~ERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
for Molloy Brothers, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
. ct ~442-517~ in amount of -$ 2,733.71
fW01AoCf'\uJ.,..,. 225-316 1-61.39 """ II + 16,152.74
~rf' ~L.\Ll'6 FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA by its City Commission
-
RECOMMEND: By:
Beatty, Asst. Thomas E. Lynch, Mayor
Engineer
ATTEST:
APPROVED: By:
City Attorney City Clerk
'.
.
Envfr~tal Servfc.. DepertMnt
CITY OF DELRAY BEACH
Schedule "A"
Project No. 91-64
Final As-Buflt Adjustment.
Project N...: N.W. Area Dralnag. - OUtfall
It.. unit Contract A.-Built +,- C.O. Tot.l
No. D..crlptfon Unit Prlc. Qty Quantf ty QUMtlty
.............-..............--...............----.....--------.--------------------------.-.--------.-.-.-.-.--------..-----...
Original Contr.ct
9 lnatall baffle and brlck.t EA '500.00 0 1 1 '500.00
31 Open-cut pev....,t repef r LF $16.00 495 535 40 1640.00
for Futur. Sewer Conn. 8"
36 6" thfck .tlblllzed shoulder, SY $1.00 5000 5497 497 1497.00
....l. gredlng & .eed & IUlch
B.hl. Sod SY 50.16 44005 58930 14925 12,388.00
42 P.Vlll8nt .trlplng 4" wide yellow Lf 50.50 2630 2773 143 571.50
43 Plvement .trlpfng 24" ..Ide whit. Lf 14.00 267 419 152 S608.00
44 Plvement .trlplng 12" ..fde whit. Lf 52.00 675 774 99 $198.00
45 Rllled reflect. plV~t. ...rkerl EA $3.00 109 121 12 S36.00
48 Teltlng Illowanc. LS 510,000.00 0.5244 0.5479 0.0235 5235.00
Cheng. Order '1
1 American Legfon P.rking Lot
4" Concrete Sidewalk Sf 51.75 2431 2441 10 517.50
Chant. Order fI2 - Add .Idewalk In R/W
1 Cle.rlng .nd Grubblng/Grldfng Allowanc. LS 510,000.00 0.8845 0.9786 0.0941 5941.47
2 Ne.. Sldewllk SF 51.40 10502 12956 ' 2454 53,435.60
3 Remove/repllce Sidewalk Sf $2.03 4946 5186 240 S487.20
Chlnge Order 13 - AcId N\I 3rd Ave (Atlantfc to 11\1 2nd St)
14 D.l.P. WM. 8" Lf 522.00 1235 1285 50 $1,100.00
19 10" x 10" T.pplng SlHVe and V.lv. EA 51,850.00 1 0 -1 (51,850.00)
20 12" x 10. T.pplng Sleeve end V.lve EA $1,950.00 0 1 1 51,950.00
30 Open-Cut P.vement LF '16.00 24 0 -24 (S384.00)
33 12" St.bll hid S~rede SY 52.00 3238 3635 397 $794.00
35 Conatruct concrete lldewalk SF $1.40 7858 10058 2200 53,080.00
38 Concrete drlv....y rep.lr SY 524.00 202 358 156 53,744.00
45 Utllfty Conflict Allowance LS 510,000.00 0.530 0.5305 0.0005 $5.00
'.
Y-4
~ N ~
d ,... 0
0 m
...I::J 0 Y-4
~o:: :8
~F III
...
Ii.
d
0 Er!!
~~ffi
.aj!
o 1II
o~~
z~
~ Ii: ~~~
...I
::J
~~ "",:;:lco
z ~Ol
!tOO ~Y-4
. a. ~ ofllen
C! 6~ 0
0_ ~...:l .
J: t:JUO
::I <e-.Z
&..I~z ~Ut)
::J"",O
~Zi=
~ ~o ~~8
<0::;:)
d:S~~ I- .OP::
OCD z 15 ~ t!I: U p..
J!!i8 j!~ Z
zi~ 1II~
~~ GO
~o ,...
~~~ :?
. Z III
o 1= ,.:
'~~ ,...
o 25 ...
::J I
025
&..I~~ &fu..
::J< :i
~Zl= ~
;. <0
""'25::J
d~~~
oJ!~~
z~~ ~~j
~
8 ~~I
N~~ iii ~~I
..1II .-
, 'C~ 01
oj
C!~O .- ~~I
o m ...
~
z f<l~i
~ ~~~
;;;: 1)~i
III
a I dE
oi!
0 0 0 0 0 0 0 0 ~
10 0 10 0 10 10 0
C'\I C'\I .- .- f .-
I
..
Environmentel Services Depsr~t
CITY OF DELRAY BEACH
Schedule -A-
Project No. 91-64
Final Contrsct Recsp
Project Name: N.Y. Aree Drainage - OUtfall
Contractl Original Contract Final Contract
c.o. iI Description of specific areas per Change Order Amcu\t Amcu\t
-----...---.----.--------...-.---------.----.----------------.-.--------.--------.-------------.---------.
Original Contract $778,075.00 $807,535.48
Change Order il1 - AcId ~rlcan Legion Parking Lot $36,571.47 $39,809.07
Change Order '2 - Add sidewalk In RI\I 149,945.00 $38,143.18
Change Order 13 - Add NY 3rd Ave (Atlantic to N\I 2nd St) $277,469.00 $204,743.23
Change Order i#4 - MIsc revisions to Orl, Contract & c.o. "-3 SO.OO -In prlc.. above-
Change Order 15 - Add NY 6th Ave (Atlantic to NY 2nd St) $233,540.00 $224,128.76
Change Order 16 -' AcId ...ter and vault at High Point "8,661.00 $18,805.00
Chanae Order 17 - Mlac revisions to Orlg Contract & c.o. "-6 SO.OO -In price. above-
---~--_.----_..__..._---.-_...---..---.-
Total. $1,394,261.47 $1,333,164.72
Adjusted Contract IIlICK.I'It thru C.O. 16 ($1,319,745.69)
----.-------------.-
Chenge Order 17 Final AnIcult $13,419.03
....................
..
.
Envfr~tal Services Departllent
CITY OF DELRAY BEACH
Schedule "A"
Project No. 91-64
Final As-Built AdJuatllllnts
Project N...: N.W. Area Drainage - OUtfall
It_ Unit Contract As-BuIlt +/- C.O. Total
No. DescrIption Unit PrIce Qty Quanti ty Quantity
....................................-..........--.................--..-.....---.......---...------..........--.............--..
Orl,lnal Contract
9 lnatall baffle and bracket EA 5500.00 0 1 1 5500.00
31 Open-cut paVlMl'tt repaIr LF 516.00 495 535 40 5640.00
for Future Sewer Conn. 8"
36 6" thfck st.blllzed shoulder, SY S1.00 5000 5497 497 5497.00
sw.le gradIng & seed & ILIlch
B.hla Sod SY $0.16 44005 58930 14925 52,388.00
42 P.VtAef1t strlpfng 4" wIde yellOW LF SO.50 2630 2m 143 511.50
43 P.vement strIpIng 24" wIde whIte LF 54.00 267 419 152 S608.00
44 P.v....,t strIpIng 12" wIde whfte LF 52.00 675 774 99 5198.00
45 RaIsed reflect. pav~t. ..rkera EA 13.00 109 121 12 136.00
48 Testing allowance LS 510,000.00 0.5244 0.5479 0.0235 5235.00
Changa Order .1
I AMrlcan Legion P.rklng Lot
4" Concrete Sidewalk SF 51.75 2431 2441 10 517.50
Change Order '2 - Add aldewalk fn R/W
1 Cle.rfng and Grubbfng/Gradlng Allowance LS $10,000.00 0.8845 0.9786 0.0941 $941.47
2 New SIdewalk SF 51 .40 10502 12956 . 2454 53,435.60
3 RllllOve/replace SIdewalk SF 52.03 4946 5186 240 1481.20
Ch.",e Order 13 - Add NW 3rd Ave (Atlantic to NW 2nd St)
14 D.I.P. "'. 8" LF 522.00 1235 1285 50 51,100.00
19 10" x 10" TappIng Sleeve .nd Valve EA S1,850.00 1 0 -1 (51,850.00)
20 12" x 10. Tappfng SlHve and V.lve EA $1,950.00 0 1 1 $1,950.00
30 Open-Cut ,.v....,t LF 516.00 24 0 -24 (5384.00)
33 12" Stabil bed Subgrade SY $2.00 3238 3635 397 $794.00
35 Construct concrete sfdewalk SF 51.40 1858 10058 2200 53,080.00
38 Concrete drlvew.y rep.lr SY $24.00 202 358 156 $3,744.00
45 Utility ConflIct Allowance LS 510,000.00 0.530 0.5305 0.0005 55.00
..
Schedule "AM
Project No. 91-64 I
Project 91-64 Change Order tI7 Final
Itetll Unit Contract A.-Bull t ./- C.O. Total
No. De.crlptlon Unit Price Qty Quantity Quentlty
-------.-.-----..-.-.------------.---------..---------.----------------.------------.--------------------------.----.---.-.
Change Order 15 - Add NW 6th Ave (Atlantic to NW 2nd St)
1 Mobil he LS S2,500.00 1 1 0 SO.OO
2 Clearing & Grubbing LS $12,000.00 1 1 0 SO.OO
3 Earthwork LS S3,000.00 1 1 0 SO.OO
4 15" RCP LF S20.00 55 19 24 $480.00
5 18" RCP LF S24.00 480 434 -46 (S1,104.00)
6 1811 Slotted RCP LF 160.00 350 320 -30 (S1,800.00)
7 Type "C" Inlet EA S1,000.00 5 6 1 S1,000.00
8 4' Ola. drainage MH EA 51,200.00 3 4 1 $1,200.00
9 Concrete Inlet epr~ EA S200.00 5 8 3 S6OO.00
10 Comect propoaed pipe. EA $500.00 2 2 0 SO.OO
11 6" DIP -WM LF S18.00 15 15 0 SO.OO
12 8" DIP - WM LF $22.00 1700 1390 -310 (16,820.00)
13 6" Gate valve Ea $400.00 1 3 2 saOO.OO
14 8" Gate valve Ea $460.00 7 6 -1 ($460.00)
15 12" x 8" Wet Tap Ee S1,850.00 1 1 0 SO.OO
16 Fire hydrant a..embly Ea $2,000.00 3 3 0 SO.OO
17 Connect to 2" WM Ea S3,000.00 2 2 0 SO.OO
18 111 Polyethylene .ervice LF $15.00 415 375 -40 ($600.00)
19 1-1/211 Polyethylene .ve LF S16.00 220 355 135 S2,16O.00
20 2" Polyethylene .vc LF S18.00 30 0 -30 ($540.00)
21 Sewer lateral reconst. LF S18.00 375 52 -323 (55,814.00)
22 Cut-In 8" DIP In .... LF 160.00 40 38 -2 (S120.00)
23 Manhole adjust. EA S150.00 1 1 0 SO.OO
24 1" Type S-III aaphalt overlay TN S36. ')0 20 29 9 S324.00
25 1-1/211 Type S-I11 asphalt Sy S2.70 3800 3637 -163 ($440.10)
26 811 Llmerock bas. Sy S5.00 3940 3928 -12 (160.00)
27 12" Stabilized .ubgrede Sy S2.00 4100 3928 -1n (S344.00)
28611 Stabilized .houlder Sy S1.00 1570 3032 1462 S1,462.00
29 C~truct concrete sidewalk SY S1.40 12650 10231 -2419 ($3,386.60)
30 Construct concrete driveway SY S24.00 735 887 152 S3,648.00
31 Striping 4" yellow LF SO.50 1400 310 -1090 (S545.00)
32 Striping 24" white Lf' $4.00 70 48 -22 ($88.00)
33 Striping 12" white LF S2.00 250 116 -134 (S268.00)
34 Pavement ..rkera EA $3.00 75 0 -75 ($225.00)
35 Sod SF SO.16 20500 17659 -2841 ($454.56)
36 Trefflc control LS S2,000.00 1 1 0 SO.OO
37 Utility conflict allow. LS S12,000.00 1 1.17 0.17 $2,095.02
38 Testing allowance LS $2,000.00 1 0.87 -0.13 (S255.00)
39 Video recording allowance LS $300.00 1 1 0 $0.00
40 Indemnification LS S10.00 1 1 0 SO.OO
Change Order 16 - High Point metar and vault
Add'l curb at edge of pavement LS S144.00 0 1 1 S144.00
I
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJIvj
SUBJECT: AGENDA ITEM :It g;t1 - MEETING OF AUGUST 10. 1993
RESOLUTION NO. 72-93
DATE: August 6, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on 15 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. 72-93 assessing costs for abating
nuisances on 15 properties located within the City.
,
.
.
--+.--------
- u__.__
Ii
1
'I
II
:i RESOLUTION NOo 72-93
II
I
II A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
II BEACH, Fr.ORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
" ORDINANCJ::S OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
I FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
I THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
1 OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
I ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
I NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
I DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
I BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS,
i WHEREAS, the City Manager or his designated representative has,
I 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
:1 provisions of Chapter 100 of the Code of Ordinances; and,
,
WHEREAS, pursuant to Section 100,20, 100.21 and 100.22 of the
'I Code of Ordinances of the City of Delray Beach, the City Manager or his
Ii designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
!I Chapter 100 of the Code of Ordinances, and did furnish the respective
I owner(s) of the land(s) described in the attached list with written
II 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
I, sent notice that within ten (10) days from the date of said notice
!. forty-two (42) days in the case of violation of Section 100004 pertain-
;i ing to seawalls) they must abate said nuisance, or file a written
Ii request for a hearing to review the decision that a nuisance existed
II within ten (10) days from the date of said notice, failing which the
I' City of Delray Beach would proceed to correct this condition by abating
II such nuisance, and that the cost thereof would be levied as an assess-
I' ment against said property; and,
'I WHEREAS, the property owner(s) named in the list attached
II hereto and made a part hereof did fail and neglect to abate the
Ii nuisance(s) existing upon their respective lands or to properly request
'i a hearing pursuant to Section 100.21 and 100.22 within the time limits
II 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-
I erty owner ( s ) fail ed 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); and,
I WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
I list attached and made a part hereof and incurred costs in abating the
il subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
I 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
I in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
,
I pursuant to Chapter 100 of the Code of Ordinances desires to assess the
I cost of said nuisance(s) against sa~d property owner(s),
I
j,
I
I,
'.
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 10 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 parcel(s)
II of land described in said report and in the amount(s) indicated thereono
Said assessments so levied shall, if not paid wi thin 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
II and shall be collectible in the same manner as mortgages and fore-
II closures are under state law.
:1 Section 2. That such assessments shall be legal, valid and
I binding obligations upon the property against which said assessments are
levied.
I 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)
I of the property, as such ownership appears upon the records of the
I County Tax Assessor, notice(s) that the City Commission of the City of
! Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
i nuisance by the City, and that said assessment is due and payable within
!
I 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
1 date of the notice of said assessment(s), after which a lien shall be
i placed on said property(s), and interest shall accrue at the rate of
I 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 , 1993.
MAY 0 R
ATTEST:
City Clerk
I - 2 - Res, No. 72-93
II
Ii
:i
,
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 1, BLK 5, RESOLUTION TR CORP RECV/R FOR $ 60.00
CHATELAINE NO. 1, FIRST FED SAV BK C/O SHAPIRO 70.00 (ADM. COST)
PB 29, P 95, PUBLIC 5100 TOWNE CENTER CIR STE 510 (RECORDING)
RECORDS, PALM BEACH BOCA RATON, FL 33486
COUNTY, FL
(3625 AVE MONTRESSOR)
LOT 1, BLK 5, RESOLUTION TR CORP RECV/R FOR $ 20.00
CHATELAINE NO. 1, FIRST FED SAV BK C/O SHAPIRO 70.00 (ADM. COST)
PB 29, P 95, PUBLIC 5100 TOWNE CENTER CIR.STE 510 (RECORDING)
RECORDS, PALM BEACH BOCA RATON, FL 33486
COUNTY, FL
(3625 AVE MONTRESSOR)
S67.1' OF N142.1' OF J. PIERRE-PAUL CADET $ 75.00
W130.44' OF E155.44' 702 W. ATLANTIC AVENUE 70.00 (ADM. COST)
OF E 1/2 OF S 1/2 OF DELRAY BEACH, FL 33444 (RECORDING)
BLK 4, TOWN OF DELRAY,
PB 1, P 3, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(14 NW 7TH AVE)
LOT 10, BLK 25, TOWN DAVID HARGROVE $ 80.00
OF DELRAY, PB 5, P 2, 220 N.W. 4TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DEERFIELD BEACH, FL 33441-1727 (RECORDING)
BEACH COUNTY, FL
(419 NW 3RD ST)
LOTS 7 & 8, BLK 36, WILLIE M. RICHARDSON $139.00
TOWN OF DELRAY, PB 5, 34 N.W. 3RD AVENUE 70.00 (ADM. COST)
P 38, PUBLIC RECORDS, P.O. BOX 2363 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447-2363
( 34 NW 3 RD AVE.)
LOT 22, BLK 32, TOWN J. W. & MARGARET YOUNG $119.00
OF DELRAY, PB 6, P 97, 317 S.W. 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2405 (RECORDING)
BEACH COUNTY, FL
(SW 4TH AVE)
W 1/2 OF LOT 7, BLK 30, ALBERT MARTIN & $ 83.00
TOWN OF DELRAY, PB 1, MARYLIN S. BARON 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, P.O. BOX 414002 (RECORDING)
PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141-0002
(SW 5TH AVE)
-3- Res. No. 72-93
'I
.
E 1/2 OF LOT 7, BLK 30, ISADOR BRADY ESTATE $ 73.00
TOWN OF DELRAY, PB 1, C/O F. MARKS 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, UNIVERSITY PLACE (RECORDING)
PALM BEACH COUNTY, FL IRVINGTON, NJ 07111
(SW 5TH AVE)
LOTS 1 & 2 (LESS N1S' VALENTINE & FRANCES GABALDON $177.00
RD R/W), BLK B, RIDGE- 328 4TH STREET 70.00 (ADM. COST)
WOOD HEIGHTS, DELRAY, WEST PALM BEACH, FL 33401-4206 (RECORDING)
PB 14, P 44, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(702 SW 10TH ST)
LOT 23, BLK 23, TOWN GRACE BARNETT $247.00
OF DELRAY, PB 10, 1401 39TH STREET 70.00 (ADM. COST)
P 69, PUBLIC RECORDS, WEST PALM BEACH, FL 33407-3631 (RECORDING)
PALM BEACH COUNTY, FL
(SW 3RD ST)
LOTS 13 TO 19, INC. , ANNE S. BRIGHT $600.90
LINCOLN ATLANTIC PARK J. REEVE BRIGHT TRS 70.00 (ADM. COST)
GARDENS, PB 23, P 226, 700 SEASAGE DRIVE (RECORDING)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33483-6624
BEACH COUNTY, FL
(102-128 SW 13TH AVE)
LOT 8/LESS S4.75' OF ROBERT E. & ANNA SLOCUM $ 55.00
BLK 7, OSCEOLA PARK, 630 S.E. 4TH AVENUE 70.00 (ADM. COST)
PB 3, P 2, PUBLIC DELRAY BEACH, FL 33483 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(630 SE 4TH AVE)
S60' OF N140' OF LILLIAN MUNNINGS $ 57.50
W140.6' OF BLK 56, 303 S.W. 2ND AVENUE 70.00 (ADM. COST)
TOWN OF DELRAY, PB 20, DELRAY BEACH, FL 33444-3508 (RECORDING)
P 55, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(303 SW 2ND AVE)
-
-4- Res. No. 72-93
,
, .
S 1/2 (LESS S135', S. CASSEL MARWIN TR $ 60.00
N171' OF E135' & N171' C/O ISIS ET AL 70.00 (ADM. COST)
OF W 135'), BLK 19, P.O. BOX 144567 (RECORDING)
TOWN OF DELRAY, PB 11, CORAL GABLES, FL 33114-4567
P 73, PUBLIC RECORDS,
PALM BEACH' COUNTY, FL
(NW 5TH AVE)
LOTS 13 TO 19, INC. , J. REEVE & ANNE S. BRIGHT $ 30.00
LINCOLN ATLANTIC PARK 700 SEASAGE DRIVE 15.00 (ADM. COST)
GARDENS, PB 23, P 226, DELRAY BEACH, FL 33483 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(126-128 SW 13TH AVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDSi DECLARED NUISANCE.
-5- Res. No. 72-93
,
..
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM 4l: ~;V - MEETING OF AUGUST 10, 1993
RESOLUTION NO. 73-93
DATE: August 6, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on 14 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. 73-93 assessing costs for abating
nuisances on 14 properties located within the City.
.. "I I~,
..
.
-~" - . . ~_. --, -,.. -- _.._._- ----- ____.___,___ ... 0' _,.._".._.___"__ --~------
. .~_.._~ --- -,.-.-.......--.- ... .--
RESOLUTION NO. 73-93
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 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.
WH,EREAS , 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 propertYi 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)i and,
.,
'.
.
n
~'.".._-~ -'- ._"._~_______.._.,._. ..___...T__.____.___._._~___._. . _.___.,.._.
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 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 Delray
Beach, ~ubmitted 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 involved; 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 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 parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
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.
- 2 - Res. No. 73 - 9 3
'.
..--.-.-. -----
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 , 1993.
MAY 0 R
ATTEST:
City Clerk
.
- 3 - Res. No. 73-93
'.
'.
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
N127' OF W135' OF BLK 2 PERRY G. STOKES $137.20
TOWN OF DELRAY, PB 1, 2845 S.W. 22ND AVENUE #108 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33445 (RECORDING)
PALM BEACH COUNTY, FL
(239 NW 8TH AVE)
LOT 14, BLK 39, RESUB. WALTER & ELOUISE WALKER $201.00
OF S 1/2 OF BLK 38 & P.O. BOX 251 70.00 (ADM. COST)
N 1/2 OF BLK 39, DELRAY DELRAY BEACH, FL 33447 (RECORDING)
BEACH, PB 11, P 34,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 4TH AVE)
LOT 1, BLK 6, ATLANTIC RIDLEY TEMPLE CHURCH OF GOD $ 48.00
GARDENS, DELRAY, PB 14, IN CHRIST 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, P.O. BOX 958 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447-0958
(SW 12TH AVE)
S25' OF N250' OF E135' LILLIAN STRICKLAND $ 20.00
OF BLK 20, TOWN OF 317 N.W. 7TH AVENUE 70.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444 (RECORDING
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(NW 5TH AVE)
E50' OF W200' OF N135' JULIAN FERRETTI ET AL $ 60.00
OF BLK 11, TOWN OF C/O JAMES A. BONFIGLIO 70.00 (ADM. COST)
DELRAY, PB 1, P 3, 189 BRADLEY PLACE (RECORDING)
PUBLIC RECORDS, PALM PALM BEACH, FL 33480-3785
BEACH COUNTY, FL
(610 NW 2ND AVE)
LOTS 1 TO 3 INC., BLK GAC ENTERPRISES INC. $ 25.00
66 (OLD SCHOOL SQUARE 1052 SOUTH OCEAN BLVD. 70.00 (ADM. COST)
HISTORIC DISTRICT), DELRAY BEACH, FL 33483 (RECORDING)
TOWN OF DELRAY, PB 2,
P 81, PUBLIC RECORD~
PALM BEACH, COUNTY, FL
(NE 3RD ST)
LOT 23, BLK 6, ATLANTIC E. & HENRY WILSON $ 50.00
GARDENS, DELRAY, PB 14, P.O. BOX 1676 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, DELRAY BEACH, FL 33447-1676 (RECORDING)
PALM BEACH COUNTY, FL
(142 SW 11TH AVE)
-3- Res. No. 73-93
'.
,-
S90' OF N110' OF BLK DAVID HARGROVE & $ 95.00
21/LESS W175', TOWN OF MATTIE B. HUDSON 70.00 (ADM. COST)
DELRAY, PB I, P 3, 220 N.W. 4TH AVENUE (RECORDING)
PUBLIC RECORDS, PALM DEERFIELD BEACH, FL 33441-1727
BEACH COUNTY, FL
(2 SW 5TH AVE)
LOT 5, BLK 2, J.G. ETHEL MACKEY $ 54.50
FENNO'S SUB., PB 2, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
P 89, PUBLIC RECORDS, 1120 N.W. 64TH STREET (RECORDING)
PALM BEACH COUNTY, FL MIAMI, FL 33150-4231
(NW 9TH AVE)
LOT 54, SUNSET PARK, TOMASA R. CRUZ $ 46.00
DELRAY, PB 12, P 65, 409 N.W. 7TH COURT 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 (RECORDING)
BEACH COUNTY, FL
(MANGO DRIVE)
LOT 55, SUNSET PARK, TOMAS A R. CRUZ $ 46.00
DELRAY, PB 12, P 65, 409 N.W. 7TH COURT 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 (RECORDING)
BEACH COUNTY, FL
(MANGO DRIVE)
S66' OF W135' OF S 1/2 VERTIS & RACHEL HARVEY $148.00
OF BLK 19, TOWN OF 119 S.W. 6TH AVENUE 70.00 (ADM. COST)
DELRAY, PB 11, P 73, DELRAY BEACH, FL 33444-2535 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(517 & 519 NW 1ST ST)
LOT 10, DLERAY BEACH FEDERAL DEPOSIT INS CORP AS $220.00
ESTATES, PB 21, P 13, RECV'R FOR 1ST COMM BANK OF FL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM C/O CUNNINGHAM (RECORDING)
BEACH COUNTY, FL 222 LAKEVIEW AVENUE #950
(2440 N. FED HWY) WEST PALM BEACH, FL 33401
LOT 18, BLK 23, TOWN MATILDA JOHNSON $ 51.00
OF DELRAY, PB 10, P 69, 225 S.W. 6TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(225 SW 6TH AVENUE
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDSj DECLARED NUISANCE.
-4- Res. No. 73-93
..
'.
. I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # <gO - MEETING OF AUGUST 10 . 1993
AGREEMENT FOR PROFESSIONAL SERVICES/MARKETING RESEARCH
DATE: August 6, 1993
This item is before you to approve three separate agreements for
marketing research services. Staff has negotiated agreements with
Goodkin Research, Inc. , Reinhold Wolff Economic Research, Inc. and Ben
Withers and Associates.
These are the City's standard agreements for consulting services. All
work authorized under the contract will be done by service
authorization. The agreements also contain the appropriate
indemnification clause.
The City Attorney's office has reviewed the agreements and approve
them as to form.
Recommend approval of the agreements for professional services with
Goodkin Research, Inc. , Reinhold Wolff Economic Research, Inc. and Ben
Withers and Associates for marketing research services.
-. '.11'"
'.
.
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSI1\llLE 407/278-4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: August 6, 1993
To: City Commission Assistant City Attorney~,
From: David N. Tolces,
Subject: Agreements for Professional Services for Three Market
Research Firms
The above agreements are approved as to form and legal
sufficiency.
Should you have any questions regarding this matter, please do
not hesitate to contact me.
DNT: jw
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
firms.dnt
,. "I'"
,.
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: //DAVI{) T. HARDEN, CITY MANAGER
// ,
THRU:l ~~~~S~~~
DEPARTMENT OF PLANNING AND ZONING
~~
FROM: J NET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF AUGUST 10, 1993
APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES
FOR THREE (3) MARKET RESEARCH FIRMS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an "Agreement for Personal Services" for the
firms of Goodkin Research, I nc . , Reinhold Wolff Economic
Research, Inc. , and Ben Withers and Associates.
BACKGROUND:
At its meeting of July 13, 1993, the City Commission approved the
selection of 3 consulting firms to provide continuing services
for market analysis and project feasibility studies in
conjunction with the City's redevelopment efforts. The
consulting firms will provide a range of capabilities and
expertise that can be drawn upon for various aspects of the
redevelopment plans, and our on-going needs for professional
advice in such matters.
In order to retain the firms on an as-needed basis, an Agreement
for Professional Services has been negotiated with each firm.
Approval of those Agreements is the action now requested of the
the City Commission.
RECOMMENDED ACTION:
By Separate Motion,
a. Approve the Agreement for Professional Services for the
firm of Goodkin Research, Inc.
b. Approve the Agreement for Professional Services for the
firm of Reinhold Wolff Economic Research, Inc.
c. Approve the Agreement for Professional Services for the
firm of Ben Withers and Associates
Attachment:
* Contract
JCM/T:SILVER:L
'.
..
NOTE: Attached is a sample copy of the "Agreement for
Professional Services". The Agreements for the 3
firms are identical, and are in the process of being
executed.
..
,.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this _ day
of , 1993, by and between the CITY OF DELRAY
BEACH, FLORIDA, hereinafter referred to as "CITY", and GOODKIN
RESEARCH, INC., hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform professional services on an as-needed basis for market
research and project feasibility studies for specified re-
development and/or revitalization areas as outlined in the
Comprehensive Plan in accordance with this AGREEMENT and with
SERVICE AUTHORIZATIONS to be issued at the time of or subse-
quent to execution of this AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT and
SERVICE AUTHORIZATIONS.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
1. DEFINITIONS; GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented as set forth
by this Agreement and by SERVICE AUTHORIZATIONS,
which are attached hereto and made a part hereof, and
as also may be added as approved by the City from
time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is established in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by
'.
..
CONSULTANT shall be authorized by a SERVICE AUTHOR-
IZATION. The SERVICE AUTHORIZATION shall include the
scope of work to be performed; the budget cost,
complete with an itemization of man hours, wage
rates, reimbursable expenses, and other related
costs; schedule for completion and name of project
manager. The SERVICE AUTHORIZATION shall be signed
by the CITY and the CONSULTANT'S authorized repre-
sentative. A CITY purchase order shall be issued
with authorization identifying funds and amount of
expenditures. The terms of this AGREEMENT supersede
the terms stated on the purchase order.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional market research consultant,
and the CONSULTANT will provide the professional and
technical services required under this AGREEMENT in
accordance with acceptable p=ofessional practices and
ethical standards. No employer/employee relation-
ships shall be deemed to be established and the
CONSULTANT, its agents, subcontractors, and employees
shall be independent contractors at all times.
B. Professional and Technical Services. The CONSULTANT
shall be responsible for working with the CITY in
preparing redevelopment and revitalization plans to
be carried out in implementation of the Comprehensive
Plan pursuant to the terms of this AGREEMENT and as
set forth in SERVICE AUTHORIZATIONS, which will be
made a part of this AGREEMENT upon execution by both
parties.
C. The CONSULTANT shall be responsible for working with
the CITY and advising the CITY as it relates to
evaluating the real estate market to make sound
economic judgments regarding potential land uses for
redevelopment and revitalization areas.
D. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
E. The City has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the City, all plans, specifications, reports and
other contracted services if the budget for the
contracted services is exceeded during and up to
completion of the project; however, nothing contained
herein shall require the CONSULTANT to bear
2
'.
'.
additional costs if the additional costs are a result
of a change in the scope of services directed by the
City.
F. The CONSULTANT shall be responsible f or the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
plans, specifications, repcrts and other services
furnished by the CONSULTANT under this AGREEMENT. If
the CITY determines there are any errors, omissions
or other deficiencies in the CONSULTANT'S plans,
specifications, reports and other services, the
CONSULTANT shall, without additional compensation,
correct or revise said errors or omissions to the
satisfaction of the CITY. This provision shall not
apply to any maps, official records, contracts or
other data that may be provided by the CITY or other
public agencies or semi public agencies which one
would reasonably expect to be accurate, and which the
CONSULTANT could not reasonably be expected to know
to be inaccurate.
G. Approval by the CITY of plans, specifications,
reports and incidental professional services or
materials furnished hereur.der shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
H. The CONSULTANT designates GEORGE DENGLER, as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be reques ted in writing to the
CITY, and shall be approved by the City.
I. CONSULTANT shall attend all meetings specified or as
defined in each SERVICE AUTHORIZATION of the City
Commission, any City approval Board, or any other
designated responsible entities for purposes of
presenting and/or discussing the project, unless the
City's representative declares such attendance and
3
'.
,.
participation is not necessary. In addition, the
CONSULTANT shall specify a program of working
meetings and field trips required to facilitate the
project.
III. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other informa-
tion as the CONSULTANT and CITY mutually deem
necessary and which are under control of the CITY.
B. Other data and services to be agreed upon in sub-
sequent SERVICE AUTHORIZATIONS.
c. The CITY or its designated representative shall
examine documents submitted by CONSULTANT and shall
render decisions pertaining thereto within a reason-
able time to avoid delay in the process of
CONSULTANT'S work.
D. Coordinate Meetings. The CITY shall arrange and
coordinate meetings with CITY staff, and the task
teams as required for the CONSULTANT'S performance.
E. Liaison and Coordination. The CITY shall provide
introductions and requests for cooperation from
adjacent cities, counties, state, federal, and other
governmental agencies, and private persons and groups
where such cooperation is necessary for the perfor-
mance of the CONSULTANT.
F. Temporary Office and Meeting Space. The CITY shall
periodically provide temporary space to the CONSUL-
TANT as necessary in carrying out the following
tasks: Consulting during the preparation of the
redevelopment and/or revitalization plan; inventory
and analysis of materials within the CITY'S offices
which are not easily reproducible or transportable;
or other matters requiring on premise coordination
with the Planning Director or his delegated staff
representative(s).
G. Project Manager. The Planning Director or his
designee representative(s) shall be the project
manager and shall be authorized to act as directed on
behalf of the CITY.
4
'.
'.
IV. TIME OF PERFORMANCE
The CONSULTANT'S services ~alled for under the AGREEMENT
shall be completed in accordance with the schedule con-
tained in each SERVICE AUTHORIZATION. If the CONSULTANT'S
services are unreasonably delayed by the CITY in excess of
180 days, the time of performance and compensation shall
be renegotiated, provided; however, the CONSULTANT as a
condition precedent to renegotiation shall notify the City
within fifteen (15) calendar days at the end of the delay
of CONSULTANT'S proposed additional costs incurred by
reason of said delay.
V. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each Service
Authorization shall delineate a time for completion of the
service to be rendered.
VI. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with a sum not to exceed budgeted amount
based on time charges which are based upon hourly
rates, plus reimbursable expenses as are specified in
the SERVICE AUTHORIZATION.
B. The CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on actual
time charges which shall not exceed established
hourly rates as shown in Exhibit B attached hereto,
plus reimbursable expenses and other related costs.
The CITY shall not be obligated to reimburse the
CONSULTANT for costs incurred in excess of the not to
exceed cost amount.
C. In addition, the CITY shall pay for reimbursable
expenses invoiced at the actual cost of expenditures
incurred by the CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
( 1 ) Actual expense of transportation and
lodging in accordance with CITY policy in
effect at the time of travel when traveling
in connection witn each SERVICE AUTHORI-
ZATION, express courier charges, and permit
5
'.
"
fees paid for securing approval of
authorities having jurisdiction over the
project.
(2) Actual expense of reproductions, of
Drawings and Specifications including
duplicate sets of the completion of each
SERVICE AUTHORIZATION for the CITY'S review
and approval.
(3 ) Actual expense cf overtime work requiring
higher than regular rates, when authorized
by the CITY.
(4) Actual expense of Auto Travel at the
established CITY rate per mile for travel
outside Palm Beach County.
D. Total Compensation for all services and expenses
shall not exceed the budge-4: cost listed upon each
SERVICE AUTHORIZATION, without written approval.
E. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT furnished incomplete or inaccurate
costs or pricing data, then such price or cost or
profit shall be reduced accordingly and the SERVICE
AUTHORIZATION shall be reduced accordingly and the
SERVICE AUTHORIZATION shall be modified in writing to
reflect such reduction.
VII. PAYMENT
A. The CITY agrees that it will use its best effort to
pay the CONSULTANT within t~irty (30) calendar days
from presentation of the CONSULTANT'S itemized report
and invoice and approval of the CITY'S represen-
tative, unless additional time for processing is
required for payments for reimbursable expenses. The
CONSULTANT shall submit monthly invoices, as required
in the SERVICE AUTHORIZATION, which shall include a
report of work completed during the respective
invoice period. Invoices shall be in a format
consistent with those shown in Exhibit C. The report
shall be adequate in detail to describe work progress
(% complete for each task) and written summaries of
work completed. No payment request shall exceed the
6
'.
,.
value of work and services performed by the
CONSULTANT under the SERVICE AUTHORIZATION.
B. CITY agrees to compensate CONSULTA...~T for services
pursuant to fee schedules included in SERVICE AUTHOR-
IZATIONS less a ten percent (10%) retainage.
C. CITY shall make final payment of the ten percent
(10%) retainage, to CONSULTANT, within thirty (30)
days after all work has been completed. Completion
shall be deemed to occur when CITY has accepted as
final, all of CONSULTANT'S worle: required pursuant to
the SERVICE AUTHORIZATION.
D. If the CITY fails to make any payment due to the
CONSULTANT for services and expenses within forty-
five (45) days after receipt of any invoice, the
amounts due the CONSULTANT ahall accrue interest at
no more than eight percent (8%) APR from the forty-
sixth (46th) day; and in addition, the CONSULTANT
may, after giving seven (7) days written notice to
the CITY, suspend services under this Agreement
without incurring liability due to suspension until
he has been paid in full all amounts due him for his
services and expenses. ?rovided, however, that in
the event the invoices are contested by the CITY for
any reason, the CITY shall have no obligation to pay
any such invoice, and interes~ shall not accrue until
the dispute is resolved. In Lhe event of a contested
invoice, the CITY shall notify the CONSULTANT within
ten (10) working days.
VIII.ADDITIONAL SERVICES
Notwithstanding that specific serrices are enumerated in a
SERVICE AUTHORIZATION, the CONSULTAN'r will, upon written
request of the CITY, provide any and all other consulting
services so requested by the C1:'I'Y J preparatory to the
adoption of the Redevelopment Plan, if such additional
services shall result in extra compensation to the
CONSULTANT, an amendment to the SERVICE AUTHORIZATION will
be required. It is understood and agreed that if such
additional services are requested, the amended Agreement
shall be considered as a nonexcluuive, continuing contract
with respect thereto. The CONSJL-IAN'!' understands that in
the event any additional services are provided without the
prior approval of the CITY, the CITY shall not be under
any obligation to reimburse 'c.he CONSULTANT for such
services.
7
'.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
All reproducible mylar drawings and C.A.D. disks in a
format compatible with CITY'S Computer system shall
be given to the CITY. Details, design calculations,
and all other documents and plans that result from
the CONSULTANT'S SERVICES under this AGREEMENT shall
become and remain the property of the CITY, including
copyright rights, whether the project is completed or
not, and will be delivered to the CITY upon demand.
CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such
documents are required to be filed with governmental
agencies, the CONSULTANT will furnish copies to the
CITY upon request. The contract work is represented
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall provide copies of all documents
and other work products as specified in the SERVICE
AGREEMENTS. The CITY ackncw~edges that the materials
cited in Paragraph IX A. and other data provided in
connection with this Agreement which are provided by
the CONSULTANT are not intenc~d for use in connection
with any project other than the project for which
such materials are prepared. Any use by the CITY of
such materials in connection Nith a project other
than that for which such materials were prepared
without prior written consent and adaptation by the
CONSULTANT shall be at the Ci~Y'S sole risk, and the
CONSULTANT shall have no respo~sibility or liability
therefore.
C. Insurance:
Without limiting any of 'che other obligations or
liabilities of the CONSULTANT, .the CONSULTANT shall,
at his own expense, provide and maintain in force
until all of its services to be performed under this
Agreement have been completed and accepted by the
CITY (or for such duration a3 is otherwise specified
hereinafter), the following insurance coverages:
1. Comprehensive General Liability or Commercial
General Liability with minimum limits of five
hundred thousand ($500,000.00) dollars.
8
'.
..
2. Notice of Cancellation and/or Restriction - The
policy(ies) must be en.dorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
3. Prior to execution of this contrast, the
CONSULTANT shall provide to the CITY Certifi-
cates of Insurance evidencing the insurance
coverage specified in the foregoing paragraphs.
D. Litiqation Services:
It is understood and ag:!:'eed t.hat CONSULTANT'S
services include reasonable participation in litiga-
tion arising from this AGREEMENT. Litigation
services shall be an extra service at an hourly rate
as indicated in the service authorization.
E. Authority to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the CONSUL-
TANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREElIEN'..: and to the partners,
successors, legal representacives, and assigns of
such other party, in respect ~o all covenants of this
AGREEMENT subject to budgE!t considerations and
requirements of law; and, n9ither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the ~vritten consent of the
other.
G. Confidential Information:
During all times that the CONSCLTANT is employed on
behalf of the CITY and at ;311 t:imes subsequent to the
date of this contract, all c..iscussions between the
CITY and the CONSULTANT and all information developed
or work products produced DY the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not othe~iise being a matter of
public record shall be deel1ed to be confidential.
All such information and ,,,ork product shall be
protected by the CONSULTANT ar-d shall not be revealed
9
'"
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms during the period of service of the
CONSULTANT. The CONSULTANT agrees to cooperate with
the CITY and other firms in accomplishing work that
may require joint efforts to accomplish the CITY'S
goals. This cooperation, when requested by the CITY,
will include but not be limited to:
1- Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
City of Delray Beach
City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
10
,.
CONSULTANT
George Dengler
Goodkin Research, Inc.
One Biscayne Tower, Suite 2100
Miami, Florida 33131-1801
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Negotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
M. Records:
Records of all expenses re:lative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this }"GREEMENT. All
work shall be performed '.mder the direction of a
professional, registered under the State of Florida
in the field for which he is responsible for perform-
ing such services. The project manager shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected.
o. Equal Opportunity Employment:
CONSULTANT agrees that i.t will not discriminate
against any employee or applica~t for employment for
work under this Agreement because of race, color,
11
'.
..
religion, sex, age or national origin. Such action
shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Aqainst Contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for t.he CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or r3s~lting from the award or
making of this AGREEMENT.
Q. Termination:
Either the CITY or CONSULTANT may terminate this
Agreement, with or wi thout_ cause, upon thirty (30)
days written notice. At such time as the CONSULTANT
receives notification of the intent of the CLIENT to
terminate the contract, t.he CONsuurANT shall not
perform any further services. In the event of
termination by the CONSULTANT without cause, the
CONSULTANT will forfeit p:lyments due for all in-
complete Phases. Otherwise the CONSULTANT shall be
paid for all services rendered to ~he date of termi-
nation and all reimbursable ~!xpenses incurred to the
date of termination. .<:I.li data and materials
generated to date of termina~tion shall become the
property of the CITY and will be transmitted to same
in a swift and timely manner..
R. Indemnification:
For the consideration 0:( Ten Dollars ($10.00),
receipt of which is he:-_~:by acknowledged, the
CONSULTANT agrees to indemni.iy( save and hold harm-
less and defend the CITY, i.,(T_C officers, agents (the
~.....
term agents shall not include the contractor(s), any
subcontractors, any materialmen or others who have
12
"
been retained by the CI'TY or Contractor, or
materialmen to supply goods or services to the
project) and employees, f:com and against all
liability, any claim, demand~ damage, loss, expense
or cause of action and costs (including attorney's
fees at trial or appellate ievels) arising out of
error, omission, or negligent act of CONSULTANT, its
agents, servants or employees in the performance of
services under this AGREEMENT. The CONSULTANT
further agrees to indemnify, hold harmless and defend
the CITY, its officers, agen~a and employees from and
against any claim, demand or cause of action arising
out of any negligence or misconduct of CONSULTANT for
which the City, its agents, servants or employees are
alleged to be liable. The ilH:!em.nifications contained
herein shall survive the expiration or earlier
termination of this Agreer.len'c. 'rhe monetary limi ta-
tion on the extent of the CONSULTAN'r'S liability
shall be one million d:>llars ($1,000,000.00) .
Nothing in this AGREEMENT shell be deemed to affect
the rights, privileges and i,T!inuni ties. of the CITY as
set forth in Florida Statutes 766.28.
S. Conflict of Interest of Conrm.L 'Can't;
--'-- -------
The CONSULTANT agrees to nctify the CLIENT of any
pri vate land development Gcnsul ti:ag work presently
under contract or agreement ,71 t,hin the City of Delray
Beach planning area prior to co[mnencement of any work
under this Agreement and 5:1a.il not enter into any
contracts or agreements, su~nli~ proposals for profes-
sional services, or perfor:m any 'work or services
whatsoever that would raise a co~flict of interest in
relations to the CONSUL'I'A~~-I ':? services pursuant to
this Agreement. The City Manc;r.:;er shall have final
decision making authority E3 to ~hether a conflict of
interest exists, and any d6C.:...siofl by the City Manager
shall be binding on the CONSl:L'...'AN'r.
T. Leqal Opinions:
The CONSULTANT shall be bounci by legal opinions
offered by the City Attorney :cd:'5.t5.ng to the Scope of
Services.
U. Compliance with Laws:
a. The CONSULTANT shall (:011.9l'y' f..ri th the applicable
requirements of State a:-:d applicable County laws
and all Codes and Ordil~ar.ces of the CITY OF
13
'.
DELRAY BEACH as amended f~om time to time, and
that exist at the t.ilr.e of building permit
issuance.
b. For SERVICE AUTHORIZATIOl\S involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
V. Jurisdiction; Venue:
The CONSULTANT hereby covenar,'::s; consents and yields
to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any disou'te between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm BeaGn County.
W. Extent of Aqreement:
This AGREEMENT represents 'che entire integrated
AGREEMENT between the CITY 6tnd the CONSULTANT and
supersedes all prior negotia~J~ns! representations or
AGREEMENTS, written or oral. 1.n:.s AGREEMENT may not
be amended, changed, modiL:"ecl. , ,)1:" ot:nE:rwise altered
in any way, at any tine aLter the execution hereof,
except by approval of the C l::.'Y l:.cfiJnission.
IN WITNESS WHEREOF, the CI'rY has caused these
presents to be executed in its name J::..y its Mayor, and attested
and its official Seal to be hereuntc affixed by its CITY Clerk,
and the CONSULTANT has hereunto set it: = {land and Seal the day
and year first written above.
CITY OF iJ2LH,'\Y B~ACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
City Attorney
14
'.
'.
CONSUL'I'ANT r ]
By:
Witness
(Seal)
Witness
ACKNOWLEDGEMENT IF COi<.I)OR1-~,TION
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of , 19 -' was acicl'lowledged by
/ on behalf of the Corporation
and said person executed the same f'':'F!ely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 1990.
Notary Public
(SEAL) My Comr:tission Expires:
ACKNOWLEDGEMENT IF AN nmIV::::DUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrume~t, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 19 .
-
----~.
Nctc.l.l.'y Public
~y COfr~ission Expires:
15
'.
"
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me 't.o be the person in and
who executed the foregoing instrument as a partner of
, c. partnership. He/She
acknowledged before that he/she executed the same as the act
and deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED befera me this day of
, 19 .
-
---.-.-
N'otal.:Y ?ublic
lvly c.cmm.:l ssion Expires:
profser.agt
16
'.
..
. .
tl __ :.A-- CJ-- ~) ,
~W" ~fh~
MEMORANDUM wj ~~ / ~
TO: MAYOR AND CITY COMMISSIONERS ~- ~ t?
FROM: CITY MANAGER ff7J( ~. ~ / (lJ.{ ! 93
SUBJECT: AGENDA ITEM ;. 9A - MEETING OF AUGUST 10. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: August 6, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period July 26,
1993 through August 6, 1993. The following actions were considered
during this reporting period:
The Planning and Zoning Board did not hold a regular business meeting
during this reporting period.
Site Plan Review and Appearance Board:
-Approved (5-2 vote) the architectural elevation plan (neon light
and awning addition) for Abbey Road Grill.
-Approved the architectural elevation plan (color change) for
Seta Corporation.
-Approved the landscape plan to allow a dumpster enclosure in
conjunction with a multi-family development (Wright By the Sea).
-Approved the architectural elevation plan (color change) Chevron
Gasoline Station.
-Approved the architectural elevation plan (color change) for
Boca Rey Plaza.
-Approved (5-2 vote) the architectural elevation plan (color
change) for Mr. Shifter'S Attic.
-Approved the architectural elevation plan (color change) for
Terrapin Station.
-Approved the architectural elevation plan (temporary order
kiosk) for McDonalds.
-Approved (6-1 vote) a minor modification for Phoenix
Restaurantj approved (4-3 vote) the architectural elevation planj
and recommended approval of a waiver request to eliminate
foundation plantings.
-Approved a minor site plan modification, architectural elevation
and landscape plans for Guiding Light.
-Approved the architectural elevation and landscape plans for
Calvary Baptist Church.
Historic Preservation Board:
-Granted a Certificate of Appropriateness to allow exterior
design modifications at 303 N. Swinton Avenue.
A detailed staff report is attached as backup material for this item.
.It "II"
'.
OJ{
Wl
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: Q~~
DEPARTMENT OF PLANNING AND ZONING
/:/7U;" (l~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF AUGUST 10, 1993
REPORT OF APPEALABLE LAND USE ITEMS
JULY 26, 1993 THRU AUGUST 6, 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 July 26, 1993, through August
6, 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 Commisison Documentation
Report of Appealable Land Use Items
July 26, 1993 thru August 6, 1993
Page 2
PLANNING AND ZONING BOARD MEETING (No Regular Business Meeting
was held during this period)
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 28, 1993
1- Approved the architectural elevation plan (addition of neon
lighting to an awning) for Abbey Road Grill, located within
the Linton International Plaza at Linton Boulevard and S.W.
10th Avenue (Vote 5 to 2).
2. Approved the architectural elevation plan (color change)
for Seta Corporation, located on the east side of Congress
Avenue wi thin the Lembo Lupo Park of Commerce (Vote 7 to
0) .
3. Approved the landscape plan to allow a dumpster enclosure
associated with a multi-family development Wright By the
Sea, located on the east side of A-I-A, south of Linton
Boulevard (Vote 6 to 0).
4. Approved the architectural elevation plan (color change)
for Chevron Gasoline Station, located at the northeast
corner of Atlantic Avenue and Congress Avenue (Vote 7 to
0) .
5. Approved the architectural elevation (color change) for
Boca Rey Plaza, located at the southeast corner of Military
Trail and Linton Boulevard (Vote 7 to 0).
6. Approved the architectural elevation (color change) for
Mr.Shifter's Attic, located at the southwest corner of NE
6th Avenue and 2nd Street (Vote 5 to 2).
7. Approved the architectural elevation plan (color change)
for Terrapin Station, located on the east side of Federal
Highway, south of Gulfstream Boulevard (Vote 7 to 0).
8. Approved architectural elevation plan (for a temporary
order kiosk to be used at the drive-up window) for
McDonald's located within the Delray Crossings Shopping
Center at Linton Boulevard and Water ford Place (vote 7 to
0) .
9. Approved a minor site plan modification on a 6 to 1 vote
for Phoenix Restaurant associated with the addition a of
1,898 sq. ft. of building area in the form of a 1,299
square foot mezzanine and the addition of 538 square feet
of floor area to the rear of the structure. Also, the
development proposal involves the expansion of the outdoor
dining area by 61 square feet, raising the roof of the
structure from 14' to 27' and changing the elevations by
incorporating a concrete facade with aluminum awning
structures and a decorative railing. The Board approved the
architectural elevation plan on a 4 to 3 vote
(LaSalle, Talbot and Marsh dissenting) . Concurrently, the
Board recommended to the City Commission approval of a
landscape waiver request to eliminate foundation plantings.
The Phoenix Restaurant is located on the west side of
A-I-A, south of Atlantic Avenue.
"
'.
.
City Commisison Documentation
Report of Appealable Land Use Items
July 26, 1993 thru August 6, 1993
Page 3
10. Approved a minor site plan modification, architectural
elevation plan and landscape plan associated with the
construction of a parking lot and a 160 sq. ft. building
addition for the Guiding Light, located on the east side of
North Federal Highway, north of Bond Way (Vote 6 to 0).
I!. Approved the architectural elevation plan and landscape
plan associated with a fellowship hall addition for Calvary
Baptist Church, located at the southwest corner of SW 10th
Street and SW 8th Avenue (Vote 6 to 0) . The site plan was
previously approved by the Board.
No other appealable items were considered by the Board. However,
the following agenda items required Board action.
* Approved the business sign for Shell Gasoline Station,
located at 380 Linton Boulevard (Vote 6 to 1).
* Approved the business sign for Mr. Gifts, located at 648 E.
Atlantic Avenue (Vote 4 to 3).
* Tabled the request to modify the master sign program for
the Linton Square Shopping Center in order to give the
applicant an opportunity to readdress the size of the
tenant panels (7 to 0).
HISTORIC PRESERVATION BOARD MEETING OF AUGUST 4, 1993
A. Granted a Certificate of Appropriateness to allow exterior
design modifications for a single family dwelling at 303 N.
Swinton Avenue (Vote 4 to 0).
No other agenda items requiring the Board's action were
considered.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
'.
'.
. .
LOCATION MAP FOR
CIlY COMMISSION MEETING
L-.JO CANAL
C.
ir- LAKE IDA ROAD
.
L-I MWIST
-rl
--
.1._., . .___.
~ IWIST
r'C. ATLAHl1C
_ ...J
~
-
.
I a
LOWSON IOULlVAIID
I
C )0.
,
I Ii-- I
I
z
I
.-.-.-----.-.-.-.-.-.--------- .
L-R CAIW.
crrt LMI'S --.-.--- S.P .RAB. ITEMS: H.P.B. ITEMS:
, .-u I 1. - IBBEY ROAD GRILL A. - 303 N. SWINTON AVENUE
2. - SETA CORPORATION
I J. - WRIGHT BY 1HE SEA
~ 4. - CHEVRON GASOLINE STATION
&. - BOCA REV PlAZA
N e. - MR. SHIFTER'S ArnC
7. - n:.RRAPIN STATION
- e. - McDOfW.DS J DELRAY CROSSINGS)
t. - PHOENIX ~RANT
CITY OF DELRAY BEACH. FL 10. - GUIDING UGHT
PlANNINC DEPNmIENf 11. - CA1.VARf BAP11ST CHURCH
'.
..
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtfJ
SUBJECT: A ENDA ITEM 0 - MEETING OF AU T 10 199
REOUEST FOR WAIVER OF LANDSCAPE REOUIREMENTS/CALVARY BAPTIST
CHURCH
DATE: August 6, 1993
We have received a request from the Calvary Baptist Church located at
the southwest corner of S.W. 10th Street and 8th Avenue, for waiver of
Land Development Regulations Section 4.6.16 (B) (3) which requires a
site to be upgraded to present landscape standards when any
modification occurs to an existing development which results in an
increase of 25% of gross floor area.
The Church property is currently deficient with respect to meeting
landscape requirements. The Church has been notified by the Code
Enforcement Division of the minimum landscape upgrades required and a
majority of those items have been addressed in conjunction with their
development proposal. The installation of landscaping is proposed to
be phased in. During Phase I, the north, and north half of the east
boundary of the proposed Fellowship Hall site will be landscaped.
Phase II consists of landscaping the north half of the west property
line along with the relocation of the drive entrance. Phase III
consists of the balance of the landscaping and site improvements.
The south half of the property is undeveloped and will remain in its
current state. The installation of landscaping in this approximately
two acre area may be financially impractical. A waiver of the
requirement as it relates to this portion of the property will not
adversely affect the neighboring area and does not constitute special
privilege.
With respect to the north half of the west property line, the Church
wishes to defer the landscape installation until the adjacent roadway
is improved. This request appears to be inappropriate and may result
in the granting of a special privilege.
The Planning and Zoning Board at their June 30th meeting recommended
approval of the waiver request to not provide landscape upgrades on
the south half of the property and denial of the request to not
provide landscaping on the north half of the west property line. The
Board recommended denial as the required landscaping is minimal and
felt that granting the waiver may result in a special privilege. A
detailed staff report is attached as backup material for this item.
Recommend approval of the request for waiver of Land Development
Regulations Section 4.6.16 (B)(3) from Calvary Baptist Church, located
at the southwest corner of S. W. 10th Street and 8th Avenue, as it
relates to the south half and the property and denial of the request
to not provide landscaping on the north half of the west property
linej subject to the Commission making positive findings with respect
to LDR Section 2.4.7 (B)(5)(a-d).
'.
"
. ('I<
[rk>j
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
THRU: DA'\1I ~J~~c~
DEPARTMENr OF PL NNING AND ZONING
r
FROM:
SUBJECT: MEETING OF AUGUST 10, 1993
CONSIDERATION OF A WAIVER TO THE LANDSCAPE UPGRADING
REQUIREMENTS [SECTION 4.6.16(B)(3)] FOR CALVARY BIBLE
MISSION BAPTIST CHURCH (S.W. 10TH ST. & S.W. 8TH AVE.)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qrantinq a waiver of the landscape compliance requirements
in conjunction with a development request involving site
plan approval.
The development proposal is to construct a 2,016 sq. ft.
assembly hall along with parking and landscape improvements.
The property is located at the southwest corner of S.W. 10th
Street and S.W. 8th Avenue.
BACKGROUND:
At its meeting of July 13, 1993, the City Commission reviewed a
waiver request, associated with this development proposal. The
request was to waive the requirement to improve, or pay half the
cost of improving, the adjacent shellrock roadways. The
Commission approved deferral of the payment until such time as is
deemed necessary. The waiver request now before the Commission
is to defer installation of required landscaping on the south
half of the property and the north half of the west property
line.
The subject property is currently deficient with respect to
meeting landscape requirements. The Church has been noticed by
the Code Enforcement Division of the minimum landscape upgrades
needed in order to meet the October 1st deadline for compliance.
The proposed improvements associated with the development
proposal address a majority of the items identified in the
notice.
'.
,
City Commission Documentation
Meeting of August 10, 1993
Landscape Waiver for Calvary Bible Mission Baptist Church
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of June 30, 1993, the Site Plan Review and
Appearance Board reviewed the site plan along with the associated
waiver request. At that meeting, the Board recommended 5-0 (Mouw
and Marsh absent) approval of a waiver to LDR Section
4.6.16(B)(3) (Landscape Compliance), to not provide landscape
upgrades on the south half of the property; and denial of the
request to not provide landscaping on the north half of the west
property line. The Board recommended denial as the required
landscaping is minimal and that granting the waiver may result in
a special privilege.
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the granting of a special privilege
in that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
With respect to the south half of the property, the area in
question (2 acres) is undeveloped and will remain in its current
state. The installation of landscaping at this time for such a
large area may be financially impractical. A waiver of the
requirement as it relates to this portion of the property will
not adversely affect the neighboring area and does not constitute
a special privilege.
With respect to the north half of the west property line, the
Church wishes to defer the landscape installation until the
adjacent roadway is improved. Thus, to defer the installation of
approximately 4 trees and hedging appears to be inappropriate and
may result in the granting of a special privilege.
RECOMMENDED ACTION:
By separate motions:
A. Grant a waiver to LDR Section 4.6.16(B)(3) (Landscape
Compliance), to not provide landscape upgrades on the south
half of the property, based upon positive findings with
respect to Sections 2.4.7(B)(5)(a) - (d) .
'.
City Commission Documentation
Meeting of August 10, 1993
Landscape Waiver for Calvary Bible Mission Baptist Church
Page 3
B. Deny the waiver request to LDR Section 4.6.16(B)(3)
(Landscape Compliance), to not provide landscaping on the
north half of the west property line, based upon a failure
to make positive findings with respect to Section
2.4.7(B)(S)(d), that granting this waiver will result in the
granting of a special privilege in that the same waiver
would not be granted under similar circumstances on other
property for another applicant or owner.
Attachments:
* Excerpt from June 30, 1993 SPRAB Staff Report
* Reduction of Landscape Plan
* Letter of Request
JC/T:CCCALBAP.DOC
'.
..
City Commission Documentation
Meeting of August 10, 1993
Landscape Waiver for Calvary Bible Mission Baptist Church
Page 4
EXCERPT FROM JUNE 30, 1993 SPRAB STAFF REPORT
Pursuant to Section 4.6.16(B)(3), when modification to existing
development results in the increase of 25% of the gross floor
area of structures situated on the site, the entire site shall be
upgraded to present landscape standards. As the assembly hall is
an increase over 25%, compliance with this section is required.
The applicant has requested that this requirement be waived at
this time for the south half of the property and the north half
of the west property line, and that the installation of
landscaping be deferred to subsequent phases.
The Church is proposing to install the landscaping in three (3)
phases (See attached Landscape Plan): Phase I consists of the
installation of all the landscaping required (including sod and
irrigation within the rights-of-way on the north half of the
property, except for the perimeter trees and hedging along the
west property line; Phase II consists of the installation of
perimeter landscaping along the north half of the west property
line, concurrent with construction of a driveway along S.W. 9th
Avenue; and, Phase III consists of the installation of perimeter
landscaping for the south half of the property concurrent with
the construction of a Elementary School.
'.
'. ,
.,.., - , fO. ,
,- - --' ,--,- II t
- , -,- --
t: I . .......
.
,,~ , /J
:-'r';~?\(
,,::k,; "",
..,. . "
" .
,... t
... -- '"
' - , "
I . I
' I '" /
" . t
· , - ....u
' . ' I~
" ~~ ,~1
# ~
~~ -
~',~ ',~ , ~
"" t ,
: 0,." ' "-
~, 0
~ 0 .,
c , "
~ R i"
';', - ; r
· , 'I
' "
". t
.., . '1\
<t ".
.~ :.G1il\ I
... '1\')\ ~i ::~~ I
' , I. '~n'i-=il _ {~ I
'" L-.;....J', ~:> --=- , .,
.. ~'il" G-b
- . .. I _ lJ\ . ~._, I
~~ro, '..
.. , - . ;.. ~ ~ I
'J - ~ h ~ - ,I ~ I
" .~ - . \
'" · ' · '-" ~"I ~ L
~ ' ~ ~- -;f' ... .. '" f.
" ""--' · · - n t
" , '., - " ,
' - " ',--. ^" . ,
, "', ..,- ~ ~
- ~ ~~==, . F,.. dl: "
'" . t" , r
> -" ~ .
~ GI,..,:~.,..
.. """-,
'~r · - ~ ~
-I ~ : t~ :~ 1 ; I! ~, -.-
I ~- '- \ , ... _ T
" "'-1 h ~ . ,
' '1/ 5 '--L" I N
o. I I
/. t
/1 ;. ~ "> "-
' / I/' _
,,, I /, ; _ ,I I
' , , I \ I t I I
r' I I . C . ,
' ' j i, .' I h
J, \ I" ~ ' '-<"_,,,
" " ~ = /
",-
"-.... -.... - - -
' :. "
(
'; , -/-"'."
' --, ~,,"'"
. 0")' ~'l' l:-
N e.e. ..
'.
- 0 Q
("07) 395-8550
F.P. DINO INT'L Suite 470
2234 N. Federal Hwy.
Boca Raton, FL 33431
.
Mr. Jeff Costello
Delray Bch., Planning Dept.
Delray Beach, FL. 33444 6-21-93
RE: Calvary Bible Mission Baptist Church
Dear Jeff,
With respect to Landscape obligations as per Sec. 4.6.16(B)(3)
we would like to propose phases compliance concurrent with
our master plan for site use.
We intend by said plan to improve north and north half of
east boundary with Fellowship Hall proposed under Phase I.
Second, we will proceed to landscape north half of west side
of property along with relocation of drive entrance to west
end, under format of Phase II. We shall proceed with the
commenqement of this Phase upon evidence of City improvement
to the north half of 8th Ave. Finally, we plan to address the
balance of landscape and site improvements within Phase III,
which represents our future planned Elementary School.
If any additional issues remain unaddressed, please notify
myself at once. Thank you for responding to all considerations,
and for the City's cooperation toward a successful project for
both they and the Church.
Sincerely,
~~L -
Frank P. Dino Consultant . w~rcg 11wrr;[})
-I \~_ i::J ~ " ~ ,-:1!
cc Pastor Busby C.B.M.B.C. ' \\ J) '-~
JUN 23 1993
PLANNiNG &.lONING
" .... - - -
. --
'.
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i q~ - MEETING OF AUGUST 10, 1993
IN-LIEU OF PARKING FEE/PHOENIX RESTAURANT AND BAR
DATE: August 6, 1993
We have received a request from the Phoenix Restaurant and Bar,
located at 6 S. Ocean Boulevard, to pay the in-lieu of parking fee
rather than provide the additional parking spaces required as a result
of their planned building expansion.
In the Central Business District parking is to be provided at the rate
of one space per 300 square feet of new floor area. The Phoenix would
be required to provide approximately seven parking spaces. Land
Development Regulations Section 4.4.13 (G)(l)(C) allows the payment of
an in-lieu of fee of $2,500 per required space, upon approval by the
Commission.
Because of the extremely limited site area, no parking can be provided
on the sitej therefore staff recommends approval of the request to pay
the in-lieu of fee.
Recommend approval of the payment of the in-lieu of parking fee in the
amount of $17,500 from the Phoenix Restaurant and Bar in conjunction
with their planned building expansion.
p~ ~ ~dtOn
r p~ rI~
.. ."1 'I
..
'-}'/
. G'i~
f;'~' 1
,Ii-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~(:. HARj'~~ MA:AGER
THRU: ~ J~CS' DIREC~R~
~~~ARTMENT~ANNING AN~ ZONING
~~~
FROM: ,// F P KINS, ASSISTANT PLANNER
SUBJECT: MEETING OF AUGUST 10, 1993
APPROVAL OF PAYMENT OF $17,500 FEE, IN-LIEU-OF
REQUIRED PARKING FOR THE EXPANSION OF THE PHOENIX, 6
S. OCEAN BOULEVARD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
payment of $17,500 in-lieu of providing the required
parking for a proposed expansion of a business in the CBD
(Central Business District), pursuant to LDR Section
4.4.13(G) (1) (c).
The subject property is the Phoenix Restaurant and Bar,
located at 6 S. Ocean Boulevard. It is located south of
Atlantic Avenue, on the west side of Ocean Boulevard.
BACKGROUND:
The subject property is an existing restaurant and lounge,
located at 6 S. Ocean Boulevard. The current development
proposal is an expansion of the existing restaurant
incorporating the following:
* Addition of 1,898 square feet of building area in the
form of a 1,299 square foot mezzanine and the addition
* of 538 square feet of floor area to the rear of the
structure, and the expansion of the outdoor dining
area by 61 square feet.
* Raising the roof of the structure from 14' to 27' (30'
to the top of the parapet) to accommodate the
mezzanine addition.
* Change of elevations, incorporating a concrete facade
with aluminum awning structures and a decorative
railing around the outside dining area.
'.
'.
.
City Commission Documentation
In-lieu-of fee - 6 S. Ocean Boulevard
Page 2
In the CBD (Central Business District), parking is to be
provided at the rate of 1 space/300 square feet of new floor
area) . Because of the extremely limited site area, no parking
can be provided on the site. LDR Section 4.4.13(G)(1)(c) allows
the payment of an in-lieu-of fee of $2,500 per required space,
with City Commission approval. In order to meet parking
requirements the applicant is petitioning the Commission for
approval of payment of the fee, in-lieu-of required parking for
the current development proposal.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
SPRAB considered this item at its meeting of July 28, 1993. The
Board voted 6-1 to approve the site plan modification and 4-3 to
approve the elevations.
RECOMMENDED ACTION:
By motion, approve, acceptance of payment of $17,500 in-lieu of
required parking for the expansion of the building at 6 S. Ocean
Boulevard.
Attachments:
* Location Map
* See Documentation for "Approval of a Landscape Waiver
for the expansion of the Phoenix..." for reductions of
the site plan and elevations.
'.
, .
, 7 V ),.,1 I J J - I I I I I r I'
I / I r I 1
::! --- I I ~ / j
j = ~~ ~
I f--f--)~ I
L-./ j
I---- - ~- 1
- -
<
OS{ h r ~i ~= - :;, I
Ih )- - ~
LOWRY - STREET J
: I ~~ ~ JLL ,
0: ~'" == ~
l.aJ ~"-
~ ~ _ a
< "'''' ~- --1 1<
~ '__~_ 0
I ~~~ 1 0: J
J J rmrr h J
IT ATlANTIC AVENUE ~ 2
" U llllll III 1I1~1II ~
~1I:!f-f-~ ~I l.J.J
~IC ~~Fi
- ~ i--~ .... (J
,,,
1 I f- -I-- __, 0
--
~~ ~- >--
~ Q -
-J J J ~ ~ (J
'2 "11 T ~ ~
< ' z:
_ -J
o ~ ~
u I o-J
< ~ m ~
~
~ j ~ ~
J ~ J j ~
- - I <(
>- >-<= OCEAN ~ I ~ I
I-- '-- ' JO
'- ~
JAJs~ru I ,11 JI
~ ~8HHE I I I -. I
· ~ A' 1 S EEl I THE PHOENIX I
'.
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Df1
SUBJECT: AGENDA ITEM # 9D - MEETING OF AUGUST 10. 1993
SPECIAL PERMIT REOUEST
DATE: August 6, 1993
We have received a request for a special permit to operate a
automobile recycling shop (Auto Recyclers Mall) at 1180 S.W. 10th
Street.
Under the definitions provided in the Land Development Regulations,
this use would be considered a junkyard. Section 4.3.3 (S) (4) states
after November 10, 1965, it shall be unlawful to establish or maintain
an automobile graveyard or junkyard without first obtaining a special
permit therefor from the Commission. If the special permit is
approved, the applicant would have to go through the appropriate land
use procedures i.e. conditional use approval and site plan review.
The applicant will make a detailed presentation before the Commission
at Tuesday evening's meeting.
The City Attorney's office is reviewing this request and will provide
their comments at Tuesday evening's meeting.
Recommend consideration of a request for a special permit to operate a
automobile recycling shop (Auto Recyclers Mall) at 1180 S.W. 10th
Street.
'. '.11 I~
,.
THE AUTo RECYCLERS MALL
1180 SW 10TH STREET
DElRAY BEACH, FL 33444
(407) 736-6166
July 23, 1993
Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N. W. 1 st Avenue
Delray Beach, FL 33444
Dear Ms, Harty:
As the representative of The Auto Recyclers Mall located at 1180 SW
10th Street, I respectfully request a hearing before the City Commission.
The company wishes to disassemble vehicles in a modern
environmentally safe manner. The parts would be stored in factory designed
racks and bins. Ninety percent of the parts will be sold to new car dealers and
auto body shops. Vehicle hulks would be removed on a daily basis.
Please note this is not an application for a junkyard. This will be a state
of the art automotive recycling and disassembly plant. It will employ over 30
local people when it is completed.
Please consider us for the August 10th meeting. Please send all
correspondence to the following address: 5900 Old Ocean Blvd., Ocean Ridge,
FL 33435.
Yours truly,
~~.~~
Barry E. Stern
Enclosures
RECEiVED
7/a7/93~
CITY CLERK
,.
THE AUTO RECYCLERS MALL
HOW IT WORKS
A state of the art automotive disassembly plant where dismantlers specialize in certain
brands of vehicles, The Auto Recyclers Mall will contain five (5) separate dismantling
and recycling operations; General Motor - Ford - Chrysler-Jeep - European and
Japanese. Each unit will be operated under separate licensing agreements.
The Mall ownership will provide security, waste oil and refuse removal, group
advertising and central telephone and computer system.
These specialty operations will be linked by a nationwide computerized inventory
system to other progressive recyclers around the country and Canada.
All vehicles and parts of vehicles will be stored inside a modern building until
processed, All scrap and waste material will be removed on a daily basis,
Landscaping will exceed current City requirements,
HOW THE VEHICLES MOVE THROUGH THE SYSTEM
EXAMPLE: THE GENERAL MOTORS DEALERSHIP
The operator of the GM unit purchases GM salvage only. Ninety percent (90%) of their
vehicles are total "parts only vehicles" purchased from insurance companies. The
remaining 10% come from new car dealers and private individuals, Approximately 350
to 400 vehicles will be processed per year. The average age of the vehicles will only
be three years old, Only clean, late model salvage will be purchased 0 Once the
salvage vehicle is delivered to the operator, it will be placed in a hold and dismantling
area. The vehicle will be completely inventoried and placed into a nationwide linked
parts locating system. Next, the engine is tested and all fluids, batteries and freon are
removed from the vehicle. Parts worth saving for sale are then removed and shelved
on racks and shelving specifically designed for the Automotive Recycling Industry, The
remaining damaged HULK will then be picked up on a daily basis under contract with a
local scrap processor. A modern automotive disassembly plant is run much like its
counterpart, a GM assembly plant, much smaller, but neat, clean and efficient
operation.
~~~ .~m~.~~c~.~~m.~~m. .~3.~Z~> I
~g; ~a~g~oro~CD~~mC/l>ag;c~a~~~~3C/l
,..::<.., 3' llJ ~ ;;; ~ 3 :lE -, !e,~ llJ CD CD ~::Din !2: ~ ........ C/l !! ,.. CD CD !. 0
'0 CD CD O~CD'O~O ~:;:C::!.Ci3Cl._.CDC'<-~~lII""'O~:T:T :IE
!~~ 3'~:T~~.~illJgiD;rlll:Qglll~~CD;;!~3'llJ
C/l~ o..,llJ::;;_:=::l C/lllJ::l,.C'l 3;::;:CDCl.O C/l.'0::l ....
I 'U~ a:~~C'i'~ ~ ~ ;~~ O'~ ~~~!. CD3 ;r~iD::l ~.. ~ g-~ 0
c~c ~Sg~~~. ~o~~a-~0~ ~~~~~ m_~
C/lCD~ !::!.0....::l::J3CDCl.~'OCD:TC'l>~g-=Ul ~Q ::d~o C"
~ C/l::J Ul cE CD 0 CD CD ~ .., ~<O .... CD CD !!!. ~ > .., g Cl ;r'< ~ CD ~. C
,. C Cl. 0'"0::: g ~ ~ CD 3 ::J S' g ::J '< "0 0 ~ s,:J C !! 0 0 "0 ,::J '<
~~a ~~~-m <~c~~~~~~>~0~ ~- ~s<
Q, CD (') () g. CD <":1 ~ 0 ~ 3 Q (1) g ""'" ~ a. =--0 ~ 0 ~:T 0'" ~ 0 c:
S;~ oCD~~3~CCDi~~:lECDUl~Oa0& ;::;:CD ~cE: en
o S (D ~ 3 ;:?; a ~ 3 ~ ~ ;; ~ g :. ~ ~ ~ ~ ro !!!. ! ;r"O S' Cl. g CD
~oCl. !~"O!2:;r~::J~~Ul~O~~ ~~~~ ~! <O~~ ~
CD "0 "0 Ul llJCD~Ul_-03CDCDllJ CD~(Q~ ~I C::JCl.
~!! g ::3C'i'oS'~~~.u~::!.g- Q:JCD::J ~;r ~llJ'" -a
CD C/l Ul . 0 ~ Cl. ::J Cl. '< C'l -, ::!'CD CD CD C/l!!!.,< ~ ::J 0 Cl.::J 5 ,..,
Ci31~ ..,~- llJ~llJOC'l:J~:J 3111llJc C'l~ llJ'<~ -
, ....;rllJ ;r..,::JllJCl. llJC/l"'o -~ C3< ~
i9 ;~~ 3~~~iC/lWi' ::!.~~;r m3 So~ ....en
_CD -~o C - C::J -C'l"O~ ::JllJ llJ::J;::;:
~C'l O~C/l C'loiO~C'l3C'l ~-.., CD::J :JCD~
,.,.. ~=CD;r.., . :lE ~;rCD;r Ulll' cp, Cl.'< Cl.':< CD
~g~lli~18i~:T!~>Si~~r3;a;~!!g@~gs'3'3'@~SSi~~ ~> [ ,~
!II 3-Ul ~ ~ 0 ~-oG-Q ~ ~~,S5 e-Q ~!!l.~ ~Q i~ CD !!!.=.~3 ~ <p ~ ~i!!!.iii' 3 3 i}:::,~ (fJ C::'-,~,~, ,'':'1
~~ ~~ ~ ~~ Cl.~ ;:T~g :;:'3 ~g:~~ !e.~Q ~"3 s'3'C/l ~ ~~::~~~ ~ ~ ~'~cE~' co 0 /,\~:r~~m
C/l !! ~ g -g Q ~ ~ Cl. ~ ~ ::!. ~ ~ ; Cl.? l}: llJ ~. Ul ~ a g ~ ~ g !!!. g 3 a ~... ~; 5' ; llJ ~ 3 3 0 3 ! ~ ',~'~~ 1;1
Ul -"'~'-':J'O<>!:o- ~'O~ ::J__. :J0CD....C/l '-':J llJ(Qo~:J 00 ~ ~,~,., "
Q) ~ :i: ~ ~ ::. ::J. en "'0 (ii" _"';:;: Q) c Q) UJ ~ ~ .... <0 en ..... DlI (1) ~ c: ='" '< 0" CD en < a. S::J a \wi 0 I1<ttl'.:.'.:.:. :-
ro .., CD - 0 C/l .., llJ CD CXl'" '< 3 ::l. .... 3 CD ~ CD ~ .., ,C/l '0 0 C/l 0 0 -. 3 .., CD CD....,..' "., ~ 'II
.., 3 ~ 3 ~ 6i ~ Q ar ~ ~ 0 ~ '" llJ C/l .... llJ ,CD 8 0,< llJ Cl. (J1 CD llJ ; .... ::J CD (D iil - 0 llJ !. .., '< 0 ~~. '::'~I . ", ;
llJ ,.. _. 0 _ llJ.... Ul 0 3 '< .... llJ ;r-.... :J llJ 0 ~ 3 C'l 0 0 0 .... ~ 0 - C/l C/l .... -. CD 0 .... < t ~~, '" ' ,
a ~ ~ ~ g: ~ 5 g: ~. ~ == ~ [~ ~ CD Q ; 9: ~ (D g ~ ~ ~ 1'5' ~ ~ g :J 3 :T ~ g. ~. iil ~ :J; 3 (t) " ~~ <-:' "
C/l' -CD C/l Cl.-'-' llJ C/l-' ~Cl.Cl..... o~ CD,~C/l30CDCDC/lllJ c .., .-' 7 "
5.g g: o-~!!l.(') ~ 0 ggcE:: iii'~ S~ ~ S llJ 5'~e:::J 5'~;~g,=; ~ 3::J 6i iii'~ 2 ~ ~ "C..., ,';~I
~<D 0 ~ '" < - -'0) .....(IJ - co. = - :::I -- ..... - ..-.":..:~;""- ....~-:.-
;;:oCl...,-. 3ft'CD C~-'0-.CD-<llJOO-"" 30CD.." llJo::o-.....oC/lC/lO'<C'l '" (t) ".....',..,,',~.','
~_,_. "'3 -- C/lllJ:J....:J C'l3::J-;r"O :JCl.llJ ....- - =-'.., - -,.." r.<'i"".'~"
_....:Joo o'Oc~ _..,Cl.-........Cl..... _Cl.CD--_~-~..,oe::J~3-0.llJ llJllJ.., """'. ~
:::"--0 -......... 0"3' OV. ""_VIe C _ :-:::I::I::I<D \,~ :.,j "~
CD CD ~ ::l ~ Cl. llJ 0,.. Cl. ~ e 3 CD ~ 0 .... .... 0 C 0 ::J 0 -. llJ ~ '< 3 0 ::l 0 :J r:1J CD Cl. Cl."O ~ ... '< ", .;.~.,'
el 0 ~ ~ !!! ~~ 5 :g 5':g !e. ~ 3' ~ ~ ~ as' ~ :T 0 ~ ~:::T 5.; g ~ ~ ~o- <CD"'": ~ llJ ~ 3 CD ~. -g (') :):i:i.X'''/ - .
llJ llJ llJ 3 oJ 0 - _ - __< CD -- - - (I) 0 (I) _ ..., .... 0 0::1 ..., UJ "0 :::I.... ~ I.:.:.~ -- (.
:J :J 2: (D ~!!! g <''0 ; 00 en g}!!1 .... ~ ; ::J .., > 0 g !!! 0 3 C'l 3 S, 3 e: 0 ~ llJ 3' ~ ?' 0 :J ~;).~:..~>
i:i~i~~:~ ~i~i~~~~i~~I:~I:~j!II~~~g~I~IJ ~
~ ~_~;;; 5a~ g; ~c en -~ Q)~o~ !.~O (I); cn<sa Sl~-o,< -=-3.m ~ c m~-
cn~__C_.cnO::l O)O)~~~~(I)O 5-=-_~~-"3'~(I)~O=UJ~ UJQ._"3'
5~~~5~~fg Q~~~~m~~~?~~~~~~g~~~~~~~~ ~~~~
..., S.5!
)> CO ~ ~O;'
'T1....c: CO.... Q.
OJ .... - =r ~.r
:; ~ <1l 0 en 0 "<CQ
f~ (") 3 CD ~ CD ~ill
'0'< CD"" "<3
<0(")0 ...., ~ <>
2J~.~~ ~ ~~ ~ 880>3 ~.~
~ iii g en <1l ~\. ' '< 3 - ~ ill
w r0 -0 )> elf'. ,.." 0 CD - <D
<Xl N - 'I " 3 CO 0",
<J1 000 -. \ 0'"
'w"Ulen \ " CD ~ "'-
o '?'!" en v 0':-- - ~1&
:: f3 (f) 0 3 '. ' ~ ..... ,.., CD o''t:J
o~, (") Q) ".:~" ~ ~ ~ <D~
<:1>(0-':;''' .....en~n ~~
ci5!.~ 0> CD ~o 0
(f) w 0-' <1l ;:+ .....::l '"
:P ~ en ~ 0 III
, :;, en en S'
RD ~CD 3 <g
~ ~
:t>
r-+ . C ::IJ
~ag ~O~
~ 3 cO ~ 120,<
CO s:u s:u. ~ -I 2.
.- A ::J · ~ CD
COw · Cc.
(')
~
'.
'\
E cri"OCi>(5c t::..c:c..c:CI.IQ)'O
III t::e_ III OlO>~;=Q),CC
~ 0l0lg,(/)-; o.gE;=rg~,,:
: o.gE5i- Q)~E'fienQ)(/)
C .E:! "O~o-o. =-o~(ija>-g
~ 5l111(.)_~ 1ll-(.)O~_Ol
'co : :J 0- 0 ~ > ~ Q) ~ ~ :J..c:
,C I: (/) ~ III Ol I: I: ,- III 0. ~
C> lllc-._=.!O(.) 'c,_oEenl:g
~ ~~ OJ ~~ 'E 0 0 ~ a Q) .; ~ >-
co .0 5 c: ~ ~ (1) - ~ ~ ~ == ~ >..S
.0 .9= 8.~-~~ Q):J~~~~~
as Q. C 0'- <tI Q. <I) C :J - :J ....
Q) l!?l!?2'-.=l:o. g.~Q)o.~~~o
~ ~ 0 ~ ~lll i6' ,C ~ g- Cii E >."0 .!
.0 Q) - ON 1: a. i ~ :- (,J c: ~.~ Q) .~ ......
co ,C: ~~.! 3l 0. 0 S >. Ol E ~ ~ (; 0
-;:2" ~l'O"':- E "C~:..!~ ui= ~
'co -0= ...>0,- >.-~CI.I-Q)3"'O
~ ~ ~ "0 (/) ~ l?~.g ~,j ,= ~ ~ g.g Ol
o ~ e (/) III - I: - - Ill.....l (/) 0 ,-::: C
0) (/) ~ 0. 0 III 0 - Q) 0> C _ >"0 ,-
c: .... ....E:!-"I:~l!!'-CcOoe-C
<( ~-g 2111g-50111 sg.3iiiQ.~~~
w Ol I- 0 .: .!:5 >. CD >.: ,~~ 0 E 0
ciOCl,) f/J.~>c ...l.":"C~ u;CI)iof/J~C>'OQ)
:J~~ j~Q) c~~_ ~~~-i~~~~~
~lll(/) u>~ 8 -0 -2-o>o.~~1-_0l
Ot: ;>0.'-0 co..... \",._ c: ":J.c:
~; <tI ~.E~ .ra Qi! ~ . Q)'O~'2i:8~~.Q..0
: III 0. ....en ....-~-I:"OI:~I:(/)(/)Ol~(/)t::
I: E "0 ~ t:: g III '0 c: 0 'r;; III .... ~ ~ ~ o..g.~ III
mo~ =~~ oo.....~Ec:~-......c:=~c~~
C E ~:J fij"O ~ ~-;;; o_~ g 8 ~ -g ~ j ~ ~ ~ l!? ~
co ~.~ ~ E:g CD ~ ti g 0 -: c: co ~ g <5 ~.~ ~ a)
mQ); .!!!~~. 1ll~-<li3 OO'x'c(ij-"-(/)1!015
C> ,C "O~IllO);::"8~t::_ 0>'1ll~1ll~~0l--~
~ ~~(/) ~lll::.= ~""gt\lO o.Qj- >',Co.'iiisg-.(ij
co (.) "O:S . III E E ~ E:; 0. ~ III "'" I .$ III "-: g ,~ >.~ ~
.0 ~ z ~ ~ E -g -g ~ '!!!:E 5i ~ (ij 0 ~ ~:5 (/).E:! III l!? ~ 0 ~
>. o~_ u; .......cu cu...e "C c= c:..... E ~'> ~:9 ~ <tI 0;;:0
-- e~o.! fij'iiil:~ .(/).-01:& 1:=~E:gIll<llEQ)1ll
<II 0 t:: 1ll.2 0 ~..c:: (/) 0 I: "0 III Q) 0 (/) t:: Ill-" l!?
co ~ E "2 ~ 8. - iii >. "8 0)'- 0 III E III -" '0 o.'c Ol m .l9 <II
.- "'om ::1_"0- Q) I..... (J Co - >-
::J "0 ~..c::.... E ~:::..c:: - 02,="0 e l:l ~ <II III ~"O >o'Q; Ol
CJ" : 1->"-lllo.~...5i--fij ~lllllll!?I:~E.E:!"EE;=
~ c; <Ii al l!?"O g. ~ lil- z.:= (/) o,~ E ~,g ai ~ ~ 0:; (ij
<( (/)"Ot::l!! o=CIIo-5ic~~>'~ ~::..c::t\lOOIllO
?"O l! (ij ~ ~ '0 III .E"O I!! g,"O : CD g 0 E ~ El!?I: :5 I:
:>.CII"O "01:.ci o.(jj 0> xg.E:! (/)"0 ai'~ l!?
0:5 I: .E:! 0 0 E 0 ,= 0 ~ al C <II _ III
eo:: ~'E'- aUQi Q.C)"c;; ..c:<tI.o~>.
~c= 04)~ =~ Q.:>.~ ~~c:~~
oo..~ 2?e"C; ~~~ ~=a. ~~~~-__
al i 0 <Ii ~ 0. ';:: ,-.::: Q) 0 l!? en "0 - ~ ~
C (/)Ql>' t::~': a:5~ ,~:;~ ~S:E:::;~.;
.- ~... en l! - (jj - 0. 10 (/) .- ; E.'c 0>
co _llllll oe :: (")J!l~>' . C C
C> Ol (/) ~ ;=- CII .... ~~~ 0 lll~ ~ ~ Ol'(ij,2',s:
~ ;~~ ~~~ ~~~gj .!!!i(/)l!.8,g~~;~
co (ij .ggoQ) o.lll"OIll~>5~ Q)o.cCDO(ij
.0 ~...: 0)"0 III 0 eO;:: 0..0"0 .... - "" 'iii> Q)
(.)I:~ al....- ;= 0.-'::: E e-. Ol ,....
t\l 2 ,- 0 - 0. E III III 0>- t\l - III U ~.- 0 Q) en -
~ > ~ > .- :>.oo-ct~
CJ) ~-lll~ t\l~CIIc I:WOlgj x-EO >.llllllollll
"O~C11 o.:g....llllll .:;_ eIl~llll!! co.oJ:o.
Q) "0 e >.:5 g CII ~ . ~ CD ~ .!!! CD ~ >. Ill.en '2: c "" .E:!
C I: t\l ~,= o!l ~<Ii ~-o 0 :5_gl CII.a"i:' <II~ 2 ~
o E~Oet!Q;~~~~; ~.g=5 Q)5~~;5
.J::. .2' Ol E ell III 0 > ,- <II ~ ~ 0 5 0.'0 >. ~..c::: _ en c '"
E: ..:-"i -; 0. t\l Q) .= 0 ~ 0. 0 ~ I: C <II.! 'Q; ~ ~
C ~ "9, en >- .0 E Q)!; ~ C '" EO", ~ 9? '" <;;: ~ ~ _ >
'.
'.
[ITY DF DELRAYBEA[H
100 N,W, 1st AVENUE . DELRAY BEACH, aO=l:DA 33444 . 407/243,7000
March 18, 1993
Barry Stern
101 N.W. 18th Avenue
Delray Beach Florida 33444
Dear Mr. Stern,
Your proposal for an auto recycling mall was discussed with the
Planning and Zoning Director on March 17, 1993. In reviewing
the allowed uses under the "I" district, your use was determined
to most closely represent the use " j unkyard" . Junkyards are
more specifically defined in Section 4.3.3.{S) of the LDRs to
include "automobile graveyards" that definition is as follows;
An establishment or place of business which is maintained
or operated for the use of storing, keeping, buying, or
selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts; however, this definition
does not include nor apply to businesses which solely sell
automobile parts and accessories.
Pursuant to Section 4.4.20 ( D) ( 10 ) j unkyards are allowed as a
conditional use under the I zoning district subject to
regulations of Section 4.3.3 (S) . That section requires that a
special permit from the city Commission be obtained prior to
establishing or maintaining an automobile junkyard. The
following additional regulations under 4.3.3.{S) are highlighted
at this time;
* The minimum area of land to be used shall not be less
than 40,000 sq. ft. and the maximum area of land shall not
exceed 200,000 sq. ft.
OJ
* A substantial, continuous solid fence or wall (8'minimum
height) constructed without openings except one entry and
one exit is required. Details of the wall must be
submitted to the City Commission for a determination of
adequacy.
Iia special permit is obtained from City Commission the next
steps would be to obtain Conditional Use approval which requires
reviewed by the Planning and Zoning Board and the final action
by the City Commission. If the Conditional use approval is
granted processing and approval of a site plan by the Site Plan
Review and Appearance Board will be required.
THE EFFORT ALWAYS MATTERS
'.
,.
In addition to the above, accommodation of the proposed retail
and storage components of your request will require modification
of certain "I" regulations. These modifications must include
the following;
* Addition of retail use for items processed on site under
Section 4.4.20 (C) Accessory Uses and Structures Permitted.
The modification must include thresholds, and it is
recommended they be similar to those allowed in the Light
Industrial district (a maximum of 2,500 sq. ft. or 10% of
the building whichever is less).
* Modification to Section 4.4.20 (G) (1) which allows outside
storage in the rear yard only when properly screened. This
change would be based on the fact that if storage is
screened from adjacent properties or public rights-of-way no
distinction should be made between the rear and side yards.
In summary, your first step is to make a formal request to the
City Clerk to be scheduled for consideration by City Commission.
It is noted via discussions with the City Clerk that a special
permit for this type of request does not exist. Therefore the
special permit referenced in Section 4.3.3 ( S ) may be in the
form of a formal motion by City Commission to accept this type
of use at this location. When you seek this audience before the
City Commission you should be prepared to provide a detailed
presentation of the operation along with a description of the
proposed screening walls and landscaping.
If I can be of any further assistance contact me at 243-7043.
S-4cerelY,
?uJ. Dni~'
Paul DOrling(]
Planner II
.
Attachments: Section 4.4.20 (D)
Section 4.3.3.(S)
t:stern.doc
'.
r I ..
Section 4.3.3 (S)
,
(5) Junkyards: For the purpose of this subsection, the
following definitions shall apply:
(1) Automobile qraveyard: An establishment or place
of business which is maintained or operated for the use of
storing, keeping, buying, or selling wrecked, scrapped, ruined,
or dismantled motor vehicles or motor vehicle parts; however,
this definition does not include nor apply to businesses which
solely sell automotive parts and accessories.
(2) Junk: Any item, including, but not limited to,
dilapidated fUFniture, appliances, machinery, equipment, building
material, automobile parts, tires, or other items which are
either in a wholly or partially rusted, wrecked, junked,
dismantled, or inoperative condition; however, this definition
,
does not include nor apply to businesses which solely sell
automotive parts and accessories.
(3) Junkyard: An establishment or place of business
which is maintained or operated for the. use of storing, keeping,
buying, or selling any junk, or for the maintenance or operation
of an automobile graveyard.
(4) Restrictions on new establishments: After
November 10, 1965, it shall be unlawful to establish or maintain
an automobile graveyard or junkyard without first obtaining a
special oermi~ therefor from the Commission. In connection with
the issuance of those permits the following requirements shall be
applicable:
(a) Area: The minimum area of land to be used
shall not be less than 40,000 square feet and
the maximum area of land so used shall not
exceed 200,000 square feet.
(b) Screeninq of premises: The area to be
occupied by the junkyard shall be entirely
surrounded by a substantial, continuous solid
fence or wall at least eight feet in height.
1be fence or wall shall be of similar
composition, construction, and color
throughout and shall be constructed without
openings except for one entrance and one
exit, the entrance and exit to be equipped
with solid gates. The gates shall be closed
and securely locked at all times, except
; during business hours. Plans for the fence
! or wall shall be submitted to the Commission
which shall determine whether or not the
proposed fence will meet the requirements of
this subchapter. No building permit shall be
~-' issued for the construction of a fence or
wall until the approval of the Commission has
I 4325
"
"
Section 4.3.3 (S) (4)
been secured. The fence shall be maintained
in good order and shall not be allowed to
deteriorate.
(c) Application forms: Applications for the
issuance of special permits provided for
hereinabove shall be made upon forms to be
prescribed by the City Clerk.
(5 ) Restrictions on existinq establishments: Since it
is the intent of this subchapter to minimize the extension of
nonconforming uses and to look to their possible eventual
elimination, any junkyard or automobile graveyard existing and
operating as a nonconforming use in any qistrict on November 10,
1965, shall be allowed to continue its operations subject to the
following provisions, and all other applicable provisions of the
City Code and City Charter, to wit:
(a) Area: The actual area used for the operation
of junkyards or an automobile graveyard as of
November 10, 1965, shall not be increased at
any time or under any circumstance.
(b) Buildinqs: No additional permanent buildings
shall be erected and no presently existing
permanent buildings shall be structurally (
altered to increase their bulk or square
footage area.
(c) Screeninq of premises: erection, maintenance.
( 1) Within 90 days after November 10, 1965,
the area occupied by the junkyard shall
be entirely surrounded by a substantial,
continuous solid fence or wall at least
eight feet in height. The fence shall
meet the requirements of division (4)(b)
of this section and the procedure there
outlined for approval of the plans for a
fence shall be followed.
~
(2 ) It is the intent of this subchapter that
the time period allowed for the erection
of the fence is reasonable and that the
requirement of that fence is necessary
to accomplish the purposes of this
subchapter. A fence shall enclose a lot
or junkyard from public view; therefore,
it shall be unlawful for any person
operating an establishment to keep or
pile any wrecked automobiles or parts or
junk at a height exceeding eight feet.
4326
. ..
'.
,.
Section 4.4.20
Section 4.4.20 Industrial (I) District:
(A) Purpose and Intent: The Industrial (I) District
provides for industrial land uses and their regulation so as to
provide reasonable protection for the environment and the public
with respect to the impacts of such use.
(B) Principal Uses and Structures Pe~tted: The following
types of use are allowed within the Industrial District as a
permitted use:
( 1) Manufacturing: The processing of raw materials to
create final products for distribution and which either involve
or result in the following:
Materials:
- ceramics and plaster
- fiberglass
- glass
- leather
- tobacco
- wood
( Processes:
'.
- millwork (woodwork)
- welding
Products:
- appliances
- bakery products
- beverages, alcoholic and nonalcoholic
- cabinets
- clothes
- computer chips and computer components
- cQ!IJmetics
- dry ice
- electronic components
- furniture
- ice
- optical
- pharmaceuticals
- signs of all/any materials
'- sporting goods
- textiles
.
- toys
-.'.
f
l )
'-~
4463
"
Section 4.4.20 (B) (5)
(5 ) Service Industry: Service Industry uses are those
which are primarily engaged in providing an off-site service but
which maintain inventory, storage of materials, and a business
office at a central location. Repair of equipment and materials
associated with the service is also permitted at this central
location.
- Land Development Services ( eg. , surveying,
soils testing, mapping, architectural,
engineering) .
- Contractor and Trade Services (e.g. general
contractor, electrician, plumbers, heating
and air-conditioning specialists, swimming
pool maintenance, landscaping services,
exterminators, equipment and tool rental).
- Repair of office equipment (e.g. ,
typewriters, computers, data processing
equipment) .
- Business Services (e.g. typewriters,
computers, data processing equipment).
- Limousine Service
( - Gun Ranges (indoor)
(C) Accessory Uses and Structures Per.itted: The following
uses are allowed when a part of, or accessory to, the principal
use:
( 1) Parking lots
(2) Refuse and Service Areas
(3) Outside storage
(4) Snack bar and sale of convenience goods when
limited to employees ~o work in the general industrial area.
(5) Caretaker residence and or facilities for
temporary housing of security personnel.
(6 ) Business offices, accessory to the primary
industrial use.
(0) Conditional Uses and Structures Peraitted: The
following uses are allowed as conditional uses:
( 1) Boat manufacturing, repair, and/or service
(2) Bulk storage, gas and oil
4465
'.
Section 4.4.20 (F)
(F) Development Standards: The development standards as
set forth in Section 4.3.4 shall apply except that minimum lot
area dimensions shall not apply to lots of record as of September
1, 1990.
(G) Supplemental District Requlations: The supplemental
district regulations as set forth in Article 4.6 shall app11
except as modified and added pursuant to the following:
@ Outside storage may be allowed only in rear yards
and then 0 y when screened from view from adjacent properties
and public rights-of-way in a manner approved by the Site Plan
Review and Appearance Board.
. (2) Industrial operations associated with principal
uses shall be conducted wholly within an enclosed building except
for unloading and loading of materials and outside storag~,
including storage of automobiles, pursuant to (G)(l), above.
(H) Special Requlations:
( 1) , Loading and unloading shall be restricted to side
and rear yards and shall be prohibited within the front yard
setback.
(
(2) Within the front yard setback, the first ten feet
(10') abutting the right-of-way shall be a landscaped area within
which no paving shall be allowed except for driveways and
walkways leading to structures on the premises. Such driveways
and walkways shall be generally perpendicular to the property
line.
(3 ) Overhead doors shall be prohibited from facing the
right-of-way of an arterial or collector street.
.).~ ,.,J. Jot~~'.> . ~
I"f~~ ~~~ '
· "t ~~ ,~
, ~ 1> "'1flhi;, \
4467
'.
, .
'J /,
t17V
v. I
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSl1vllLE 407/278-4755 Writer's Direct Line
(407) 243-7090
MEMORANDUM
Date: August 6, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Agreements with William Swaim for Road Improvements
on Palm Trail and George Bush Boulevard
Attached for your approval are the two agreements with William
Swaim and Associates regarding the construction of road
improvements for Palm Trail and George Bush Boulevard. Since
your August 3, 1993 special meeting, paragraph 4(a) was amended
to provide for a base year for calculating the tax increment.
The tax increment will be figured from the year prior to
completion of construction and each subsequent year.
The only other change is to require Mr. Swaim to give the City
90 days' notice prior to commencing construction. This will
allow the City to design and bid projects which may need to be
done concurrently with the road improvements.
I believe the Commission's concerns have been addressed. If
you have any questions, please call.
DNT: jw
Attachments
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
David Kovacs, Director of Planning and Zoning
txt\swaim.dnt (v! Wr~
~
;r;oU 4- &:;~
6'-0
9 f:
..
..
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 20() NW ISl AVENUE, . DELRAY BEASH, FLORIDA 33444
FACSIMILE 407i278-4755 Wr.1.t_r - D.1.r_Clt L.1.n_
(407) 243-7090
MEMORANDUM
Date: July 30, 1993
To: City Commission
From: David N. Tolces, A~sistant City Attor~
Subject: Approval of Road Construction Agreements with William
Swaim and Associates for Palm Trail and George Bush
Boulevard
The two agreements before you for your approval are between the
Ci ty and William Swaim & Associates ("Swaim"). Mr. Swaim is
planning on developing the project known as The Anchorage at
the north end of Palm Trial north of George Bush Boulevard. As
part of the development, Mr. Swaim is planning on installing
improvements along George Bush Boulevard from U. S. 1 east to
the Int~oastal Waterway, and along Palm Trail north of George
Bush Boulevard to the entrance of The Anchorage Development.
As part of the agreement, the City agrees to waive any
application, permit, and inspection fees for the road improve-
ments and any off-site parking improvements. The road improve-
ments Swaim will install include drainage, paving, street
lights, landscaping, and appropriate signage. Under the
proposed agreement, Swaim will pay the cost of constructing the
road improvements, and the City will reimburse Swaim the lesser
of $215,000 for the improvements on Palm Trail or the total
cost of the road improvements. The City will also reimburse
Swaim the lesser of $285,000 or the cost of the road improve-
ments along George Bush Boulevard. The payments will begin one
year after completion of the road improvements. The annual
payments to Swaim will equal the amount of the ad valorem tax
increment attributable to the Swaim property.
Under the agreement, Swaim will have no obligation to perform
the road improvements until Swaim takes title to the property
for the Anchorage Development, and the final plat is approved.
An application for final plat approval is to be submitted
within six (6) months of the agreement's effective date~
City Commission
July 30, 1993
Page 2
The City will be responsible for relocating utility lines;
however, Swaim will pay the cost of relocating utility lines
underground. The City will be responsible for the cost of
installing drainage necessary to drain areas other than the
road improvements.
Under Paragraph 4(f}, the City will notify Swaim of any work or
project which the City wishes to perform in conjunction with
the road improvements. Swaim agrees to provide the City with
notice 60 days prior to commencing the road improvements. This
60-day time period will allow the City to insure that any
additional work is performed in conjunction with the road
improvements.
There were discussions regarding the inclusion of a condition
for the City's performance under the agreement. It was our
office's suggestion that the City's performance be conditioned
on the adoption of the CRA's amended plan for the northeast
neighborhood area. See attached letter from Kevin Eagan to
City Manager David Harden. The placement of this condition in
the agreement would provide the City with the assurance that
the CRA was committing itself to programs which the City would
otherwise perform. Without the condition in the agreement, the
City is committing itself to an expenditure of funds without
the assu~ce that other projects will be performed.
At this time, , the Commission can approve the agreements as
written, or direct staff to continue negotiating the terms of
the agreement. Mr. Swaim has indicated his desire to have this
matter resolved as soon as possible, it is our intention to
continue to work with him in order to provide the City with an
agreement containing the necessary protections.
If you have any questions regarding this matter, please call.
DNT:sh
Attachments
cc: David Harden, City Manager
David Kovacs, Director of Planning and Zoning
Cheryl Leverett, Executive Assistant
swaim-4,dnt
'.
,
~ c<~-~
I~*'I
L/
i
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2(JIJ >o;W 1S! AVENUE' DELRAY BEACH, FLORIDA 33444
L\CSU,lJl.E 41J7i278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: August 4, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Cable Television Consumer Protection and Competition
Act of 1992 (The Act)
The Cable Television Consumer Protection and Competition Act of
1992 (the Act) amended the old Cable Television law and now
provides that cities have the ability to regulate basic cable
rates and permits cities to enforce customer service standards.
The Act also encompasses changes as it relates to renewals and
transfers.
The decision the Commission needs to address is whether they
wish to regulate basic rates and equipment charges. Original-
ly, the Act provided that cities could regulate 'rates as of
July 1, 1993. That date was later moved to October 1, 1993 and
has now been moved back to September 1, 199%. In order to
regulate rates, the City must file a certific tion form indi-
cating that it will adopt rate regulations consistent with FCC
regulations; that it has a legal au'.:nori ty to adopt such
regulations; that it has the necessary personnel to administer
the rate regulations; that it will adopt procedural rules
providing an opportunity for all interested parties to partici-
pate; and must certify that to the b~st of its knowledge,
effective competition does not exis.~ . This certific.:ltion may
be filed on or after September I, 19~3. A rate freeze is in
effect until September 1, 1993.
The other important area of the Act concerns consumer
protection and customer service standards which went into
effect July 1, 1993. The City must, however, prior to
enforcing the standards, provide cable operators with written
notice via certified mail of its int8n~ ~o e~force consumer and
service standards ninety (90) days prior ~o actual enforcement.
The City may impose stricter conSl1m~r service s t.andards . The
FCC standards address office hours, phone availability,
installation outages and service calls, corrununications, bills
and refunds, and the like.
gp
..... _..
..- ..,:", . - ..
,.
city Commission
August 4, 1993
Page 2
Attached is further information1 which addresses certain
general questions regarding the Act. There is also available,
an executive summary that is quite lengthy that our office will
provide you under separate cover upon your request should you
desire further information.
By copy of this letter to David Harden, our office requests
that the issue of regulation of cable television rates,
pursuant to the Cable Television Act and Consumer Protection
and Competition Act of 1992 be placed on the City Commission's
August 10, 1993 Agenda for consideration. Please call if you
ha~~ any ,~uestions.
cy!
SA ci
Attachment
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
...:::::--
---
theact.sar
..~-~~-----~--~---_.._-----_._..
lThis information was compiled by Denise Dytrych,
Assistant County Attorney for Palm Beach County.
'.
.CABLE TELEVISION CONSUIIER PROTECTION
AND COMPETITION ACT OF ~992.
Board of county Commissioners
Pa1a Beach county, .lori4a
,
.'
WORKSHOP
Prepared By:
Denise M. Dytrych
Assistant County Attorney
County Attorney's Office
__ P. O. Box 1989 '~r;0"}"!'-;'
--- West Palm Beach, FL 33402'
Tel: (407) 355-2734
r'
'.
'.
-CABLE TELEVISION CONSUHBR PRO'l'ECTION
AND COMPETITION AC'l' OF ~992-
Board of county commissioners
Pa1m Beach county, Florida
July 27, 1993 . .
WOlUtSHOP
I
I. Introductory Remarks
II. General Overview of the Cable Act of 1992
III. Presentation of Options
IV. Discussion and staff Direction
~ Adj ournment: .
* * *
"
'.
CABLE TELEVISION AND CONSUMER PROTECTION AND
COHPB'l'ITION ACT OF ~992
The "Cable Television and Consumer Protection and Competition
Act of 1992" , hereinafter the "Act", was created to further
Congress · goal to promote competition in the cable television
industry and help repress unfair ra~e increases and other customer
service abuses perceived by the public as being perpetrated by
cable television operators. To this end, Congress empowered local
franchising authorities with the ability to regulate rates and
enforce customer service standards'. Congress also revisited
renewals, transfers and sales of systems, and initiated a number
of other general cable service provisions such as monetary damage
immunity for the benefit of the franchising authority.
Over the next few months, local franchising authorities will
be required to make major decisions regarding the level of their
participation in the implementation of the Act.
This document was prepared to address the questions most often
asked by local franchising authorities in an attempt to conclude
what level of participation they desire. It is a general overview
and is not intended to be a11-inclusive.l
A. ~REGULM.'ION<.,"'"
1. What rates and charges are subject to regulation by
franchising authorities?
A franChising authority is authorized to regulate basic
service tier rates and equipment charges in areas where
there is no effective competition. The FCC will regulate
all other cable programming service rates.
2. Are franchising authorities required to regulate rates?
Franchising authorities are not required to regulate
rates. Therefore the threshold questfon the franChising
authority must ask is whether it wants to regulate rates.
lAn Executive Summary of the Act applicable to rate regulation and consumer
standards which details the general areas covered herein is attached hereto as
Exhibit "A".
(g:\gengovt\dmd\ctvol.mej) 1
,.
3. What is the basic service tier?
The basic service tier must consist of, at a minimum: (i)
all must-carry signals, 2 (ii) Public, Education and
Government channels (PEG), and (iii) domestic television
signals.
4. Can the rranchising authority require the cable operator
to carry certain channels on the ,basic tier?
No. The cable operators can exercise discretion over
what constitutes the basic tier subject to the minimum
requirements mentioned above./i:"The, franchising authority
can, however, pursuant to a 'franchise agreement, require
PEG channels to be' carried on another tier. If the
agreement is silent as to carriage, PEG channels must go
on basic. '
5. AssWlling . franChising authority desires to regulate
rates, what is the franchising authority required to do?
FranChising authorities desiring to regulate basic
service tier and equipment rates must be certified to do
so by the FCC. This is accomplished through the filing
of a form prescribed by the FCC (FCC Form 328 attached hereto
as Exhibit "C" ) on which the franChising authority must
certify the following:
_____(a) that it will adopt.raterequlations,consistentwith
FCC regulations; "
(b) that it has the legal authority to adopt such
regulations;
(c) that it has the necessary personnel to administer
the rate regulations;
(d) that it will adopt procedural rules providing an
opportunity for all interested parties to
participate; and
(e) that to the. best of its kndWledge, effective
competition does not exist.
2The June 18, 1993, edition of The Post ran a story about must-carry
signals. Attached as Exhibit "B" is an excerpt chart from that article
illustrating the signals that exist in Palm Beach County.
[g: \gengovt\dmd\ctvol.mej} 2
'.
6. What is .~~ective competition?
Effective competition exists if:
(a) Fewer than 30% of the households3 subscribe to
cable service - the subscribership of H..Qh
operator, not the aggregate of subscriberships of
all cable systems in the area;
(b) The franchise area is served by at least two multi-
.. channel video programming distributors (any entity
that makes available to customers more than one
channel of video progrA1II1IIing)each of which offersA."
" at ,least 50% of the households in the area and ,the
\ number of households subscribing exceeds 15% of
households; QI:
(c) The franchising authority operates a cable system.
There is a presumption that effective competition does
not exist, therefore, unless you are absolutely certain
it does exist, you can rely on the presumption should you
decide to seek certification to regulate rates. 99% of
the cable systems in the country do not experience
effective competition.
7. When must the certification ~orm be filed with the FCC?
~~~t~!~~iio~r::~~~~;n~s ;:n~~r1~ti~~3, C:~:~;:;~"ft~~:~~;"A;k~
recently issued a public notice announcing deferral of
the'effective date of cable rate requlationuntil October
1, 1993, therefore, October 1, 1993, is now the earliest
a franchising authority can seek certification. There is
no deadline for filingS. The franchising authority is
required to send the certification form by registered.
mail, return-receipt requested or to hand-deliver the
3wBousehold" means each separately billed customer except in the case of
multiple-unit dwellings where each unit equals one household.
r'
4 wOffers" means when service is technically and actually (not
potentially) available - the subscribers must be aware that they have a choice
of operators.
SThe FCC also announced that the rate freeze it previously imposed will be
in effect until October 1, 1993. This freeze was designed to allow time for the
FCC regulations to become effective, local franchising authorities to become
certified, and consumers to become familiar with necessary local and federal
procedures. A franchising authority desiring to regulate rates may want to seek
certification and adopt its rules and procedures prior to October 1, 1993.
(g:\gengovt\dmd\ctvol.mej) 3
'.
,.
. .
form to the FCC and' obtain a date-stamped copy. A copy of
the certification request must be served on the cable
operators by first-class mail on or before the date the
certification form is filed with the FCC.
8. Can local authorities file for joint certification? l:f
so, can joint certification occur if the areas covered do
not have uniform rates or if communities are served by
different systems?
Yes. The FCC noted that joint certification and
regulation could provide efficiencies to the communities
and to cable operators. Joint efforts could provide
administrative economies to ," local franchising
'authorities. ..Further, such_couldease.the regulatory
burden on cable operators by providing greater resources
for franchising authorities and increasing the efficiency
and expertise of local regulation. These benefits could
Ultimately be reflected in improved rates and services
for subscribers. For example, communities could share
the costs of data collection and hold joint hearings, yet
still retain independent rate decisions. '
,. What is the next step once the franchising authority is
certified?
Make sure all your rules and procedures for rate
regulation have been adopted. The franchising authority
has 120 days to adopt same from the time of
~ertification.
Once regulations are in place, all the cable companies in
your' jurisdiction must be notified of your intent to
regulate rates. The cable operators have 30 days to file
basic service tier and accompanying equipment rate
schedules with you.
10. The rate schedules ,have been received. Row what?
There are two steps to rate review. The first step is to
determine if the rates or proposed incre~ses are within
the FCC' s reasonable rate standards (the benchmark). If
they are, the rates can go into ef~ct 30 days after
submission to the franchising authority for review.
If the rates do not fall within the FCC's standards, or
the cable operator submits a cost-of-service showing
seeking to justify rates above the FCC level, the
rranchising authority goes to step two and is authorized
to take an additional 90 days to conduct further review
of the rate or an additional 150 days to evaluate the
cost-of-service filing. To" toll the effective date of
(g:\gengovt\dmd\ctvol.mej) 4
,.
the proposed rates, the franchising authority must issue
a brief order within the initial 3o-day period explaining
why additional time is needed.
11. What happens if the franchising authority doesn't take
action within the time frames?
If no action is taken, the proposed rates will go into
effect and the authority 'lacks the power to order
refunds. Should the authority desire to retain the right
to order refunds, it must, at a minimum, issue an order
stating it will need additional time.
12. Are subscribers included in this process?
The cable operators are required to notify subscribers of
any increase in rates at approximately the same time it
notifies the franchising authority. The operators are
not required to publish a notice in the newspaper or,
notify subscribers of the complaint procedure. They are
only required to provide the telephone number of the
franchising authority, who will in turn provide the
subscribers with information regarding 'the process.
Further, the franchising authorities must issue a written
opinion to the public whenever it disapproves an initial
rate or an increase of the rate or approves same over
Objection. There is no requirement to issue a written
decision if the franchising authority is approving a rate
~r increase in its entirety withou~,objection.
13. Bow can the franchising authority ensure participation by
interested parties?
Franchising authorities have flexibility regarding the
method in which interested parties are afforded an
opportunity to participate in rate regulation
proceedings. Rules providing for a reasonable
opportunity for consideration of the views of interested
parties, considering the tight time frames in which the
franchising authority must act, must be adopted. There
is no requirement that'formal hearings be held, but the
authority must issue written decisidns explaining its
disposition of each rate or increase requested as stated
in question 12 above. Notice of the franchising
authorities' decisions can be placed on the cable system
or in a local newspaper ~\ Affected cable operators can
appeal the decision to the FCC if it believes the
decision is unfair or contrary to law.
(g:\gengovt\dmd\ctvol.mej} 5
'.
14. Can the' 'franchisinq authority. 'obtain proprietary
information from the cable operators to assist in its
rate determination?
Yes. The franchising authority has the right to gather
additional information, including information that is
proprietary, in order to make a rate determination~
Along these lines, the franchising authority must protect
confidential information from disclosure. The FCC has
required franchising authorities to apply the same
procedures that the FCC will apply in regulating cable. .'
.. programming services. The party submitting the
information must request confidentiality or make a
showing that non-disclosure., is ,..consistent, :with , the
Freedom of Information Act,<5U.S.C.:S522. The Act
authorizes the FCC to withhold from public disclosure
confidential commercial or financial information.
15. What remedies are available for unreasonable basic
service tier rates?
If a franchising authority determines that rates or
increases are unreasonable, it can disapprove the
existing rate or deny the increase. There are a number
of remedies available to the franchising authority
including:
(a) prospective rate reduction (when rates exceed the
permitted level);
. _.__, .' .c",.' . ", , . " _ . '. ,.. _" ,.~. .', " _',
_____ ',' '1"~"~",: -;'~:;:if'~c,'.:;~;;;;,:x'><Q"\.~,<.~Q;~'<.',::'):"Y;;'1:;':::;:;'~:~'~1'.
{b) a rate prescription (when rates < 'are <~:~deemed~;:'<~'"
unreasonable, the franchising authority makes a
determination that the rate is unreasonable and
then establishes a rate that is reasonable); and
(c) refunds, but limited to only 3 situations:
1) when the operator fails to comply with the
rate decision and continues to charge
unreasonable rates;
2) where there are unreasonable rates that exceed
permi tted levels and same ate not supported by
a cost-of-service showing; and . '
3) where the franchising authority has tolled the
rate increase- rates can go into effect as
proposed subject to a refund if later found to
be unreasonable.
No punitive sanctions such as fines or forfeitures are
authorized.
[g:\gengovt\dmd\ctvol.mej] 6
'.
16." Can'tbe rrancbisinq autbority's decision be appealed?
Yes. The FCC, rather than the courts, has ~xclusive
jurisdiction over such appeals. Any interested party,
including cable operators and subscribers, can appeal the
franchising authority's decision. Appeals must be filed
within 30 days of the date' 'the. ,franchising authority's
decision is released.
If the FCC~etermines there was no rational basis for the
decision, the case will be remanded to the franchising
authority with instructions. '
.':. ,~.~, ,;,." :....,:.:...:..-
17. What i. the benchmark .y.t.. o~ rate regulation?
,~-
The reasonableness of basic service tier rates are
determined by a reference to rates of systems enjoying
competition. The FCC selected the rates in existence on
September 30, 1992, as the benchmark. (FCC Form Part 11-
Worksheets including Benchmark Rate Tables & FCC Form 393 attached
hereto as cumulative Exhibit wnw) Rates are determined by the
number of subscribers, the number of channels, and
available video programming.
18. Are there any costs not included in the benchmark that
can be charged to subscribers?
Yes. These are called "external costs" and include
retransmission consent,~<...taxes#franchise fees, and
~osts of franchising requirements such as PEG channels.
Price changes attributable to external costs which are
beyond the cable operator's control can automatically be
passed through to subscribers in addition to the
reasonable rate. The operator must notify the
franchising authority 30 days in advance of a rate
increase based on these costs. The franChising
authorities review of these adjustments are limited, as
they are presumed reasonable.
19. What is cost-ot-service regulation?
If cable operators have rates which exaeed the benchmark,
those rates may be justified through a cost-of-service
showing which is similar to utility rate calculations.
This showing is complex and potentially costly to compile
and enforce. Cost-of-service standards are targeted to
be developed and released by the FCC this fall.
6These costs are costs paid to broadcasters for the ability to air their
programming and maybe passed through to the consumer after a one-year period.
{g:\gengovt\dmd\ctvol.mej] 7
'.
20. Does the franchising authority have the discretion to
adopt cost-of-service regulation instead of benchmark
regulation?
No. The benchmark system of rate regulation must be
applied unless a cable operator makes a cost-of-service
showing.
21. Z understand that equipment rates can also be regulated.
What kind of equipment is covered?
Rates for installed and leased equipment used to receive
the basic service tier can be regulated. This includes,
but is not limited to, converter boxes, ,remotes~ "
additional connections, and. home wiring. '. ':;':f,i,;f,:~.~S~,
22. What standard is to be applied?
The actual cost standard. The franchising authority must
require operators to establish an "equipment basket" to
which the operator will assign direct costs of the
installing, leasing, maintaining and servicing of
customer equipment. The franchising authority must
include standards and procedures to prevent unreasonable
charges for equipment or service.
23. Does the franchising authority have any involvement in
the regulation of cable programming service rates?
. - -. < _ '..;~ -'-' ',.,: :_?-<-:C... ':,,~, .....~< f'"
___The FCC has jurisdiction;:;'over,*;:the~,regulatio.n.fi:,~~~~#:~
rates (rates other than basic, excluding pay-per-viewandC::7'" <,'
premium channels), however, the franchising authority is '
encouraged, if not expected, to assist subscribers in
completing complaint forms (FCC Form 329 attached hereto a.
Exhibit "E") and screening same, and to express a view
regarding such rates. . '
24. Can franchising authorities exempt small cable systems
from rate regulations?
Franchising authorities can exempt small, systems, which
are defined as' systems serviced by an integrated headend
with less than 1,000 subscribers, from filing an initial
rate schedule. However, the system is required to file
a certification that the system's rates are within the
FCC regulations.
B. CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS
The second major component of the Cable Act of 1992 of
interest to local franchising authorities are the standards for
consumer protection and service.
[g: \gengovt\dmd\ctvol.mej] 8
.,
1. Who enroroes the oonsumer protection and oustomer service
standards?
The local franchising authority enforces these standards.
However, the FCC has retained jurisdiction to address
systemic abuses.
2. Can the standards ~e enrorced automatically?
The standards went into effect July,l, 1993, however,
prior to enforcing same, the franchising authority must
provide cable operators" with written notice, via
, , certified mail, of its intent ,to enforce consumer and
service standards 90 days prior to actual enforcement~
, c '!'here is . no need to file,:forycertification to regulate
the standards.
3. Can the franchising authority tapose stricter standards
and address other areas of concern?
Yes, ' either through an agreement with the cable operator
or ~ough the regulatory process. Palm Beach County's
cable television ordinance includes a number of customer
standard requirements which are, in most instances, more
strict than those set forth in the Act.
4. What do the FCC standards address?
There are standards for office hours and phone
-{vailabili ty ;,einstallationsfc outages, and service" ,calls;
ommunication with subscribers; bills for services; and
refunds. The standards also provide definitions for
"normal business hours", "normal operating conditions",
and "service interruption". Set forth below is an
overview of each.
(a) Office hours and phone availability.
Operators are required to have a toll-free phone
line 24 hours a day, 7 days a week with a
representative answering within a certain period of
time during normal business hour~ and an answering
service or machine taking calli after hours. A
customer service center and bill payment locations
must be open at least during normal business hours
and must be conveniently located.
(b) Installation, outages and service calls.
The rules establish time periods during which
installations must occur, when outages must be
connected and when service calls can be expected.
(g:\gengovt\dmd\ctvol.mej) , . 9
"
..
Credits and free installations are left up to the
local franchising authorities to address.
(c) Communications, bills and refunds.
Subscribers must be provided with certain
information. in writing and must be notified of
certain events, such as rate changes and changes in
service and programming. Bills must be clear,
concise, understandable, and itemized. Refunds and
credits must be issued within 30 days. The issue
of late fees can be addressed locally by the
franchising authority~
5. What r...4i..lar.
Local franchising authorities are authorized to develop
its own procedures and remedies such as ordering refunds
or credi ts. Non-monetary relief can also be sought
through a local action to compel.
C. MISCELLANEOUS
1. What other areas 40e. the 1992 Act address?
The Act covers a number of other areas of interest to
franchising authorities. Highlights of the most
significant legislation are set forth below.
o ~8J1evals , "'(>::"~c?~:+"~~~~;~~~.r.;~,,-:,,/c
. - .. . ~..
A cable operator is now required to provide specific
written notice to the franchising authority to invoke
formal renewal proceedings. The franchising authority is
required to commence a formal renewal proceeding no later
than six months after such request is submitted.
o Damages immunity
Franchising authorities are now granted immunity from
monetary damages in most federal, state, and local
lawsuits challenging the right of a franchising authority
to regulate a cable system. This immunity applies to the
full range of cable regulatory activities, including the
award, renewal, transfer, or amendment of a franchise or
the ongoing regulation of a cable system.
o Signal quality standards
The FCC is required to establish minimum technical
standards for signal quality and to periodically update
such standards. A franchising authority may include such
[g: \gengovt\dmd\ctvol.mej] 10
'.
,.
provisions in a franchise agreement or seek a waiver from
the FCC to impose more stringent standards.
o Consumer electronics equipment
The FCC is required to issue regulations that assure
compatibility between televisions, video cassette
recorders ("VCRS"), and cable systems, which would allow
cable subscribers to enjoy the full benefits of both the
programming available on cable systems and the functions
available on their televisions and VCRs.
o programming access
I
As a further step ,toward the goal of increasing
competition to existing cable systems, the Act prohibits
a video programmer affiliated with a ,cable operator from
discriminating against a multichannel video programming
distributor and, except in limited circumstances,
prohibits an exclusive programming contract between a
cable operator and a programmer affiliated with the cable
operator.
o Sales ot cable systems
A cable operator is prohibited from selling or
transferring ownership of a cable system within 36 months
following the acquisition or initial construction of the
system. For any transfer or sale after the 36-month
--period, a franchisinqauthoritymustact within 120 days
or the transfer or sale will be deemed granted (unless
the cable operator and franchising authority have
otherwise agreed to an extension of time).
o Equal Employment Opportunity
Cable operators are required to file with the FCC an
anpual statistical report identifying by race, sex and
job title, the number of employees in several full-time
and part-.time categories. It also codifies the FCC's
existing EEO requirements for television broadcasting
stations. "
j"'
[g:\gengovt\dmd\ctvol.mej] 11
'.
"
,-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ct - MEETING OF AUGUST 10. 1993
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/LOCAL OPTION
GAS TAX
DATE: August 6, 1993
This item is before you to consider entering into an inter local
agreement with Palm Beach County which provides an alternate formula
for the distribution of the Local Option Gas Tax.
The interlocal agreement provides that the five cent local option gas
tax will be imposed effective January 1, 1994. All proceeds of the
tax collected will be divided between Palm Beach County and the cities
79% to the County and 21% to the cities. Under this proposal the
City would receive approximately $457,000 annually. This is
contingent upon the County receiving executed agreements from enough
municipalities to represent the majority of the incorporated area
population.
Alternatively, if that does not occur, then the distribution of the
local option tax would be based on statutory distribution or 80% to
the County and 20% to the cities. In this case, the City would
receive approximately $435,000.
The $180,000 figure mentioned in the County's memo represents the
total difference between the distribution methods for all cities.
Recommend approval of the interlocal agreement with Palm Beach County
which provides an alternate formula for the distribution of the Local
Option Gas Tax.
'.
<,
Agenda Item No. :
AGENDA REQUEST
Date: 08-05-93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 08-10-93
Description of agenda item (who, what, where, how much):
Approval of lnterlocal Agreement with Palm Beach County to share in the add1t1ona~
five cents in Local Option Gas Taxes to be levied by Palm Beach County.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval is recommended by the Finance Director and City Manager.
,-
Department Head Signature:
Determination of Consistency with
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: [;i/ NO w1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
<.
'.
M E M 0 RAN DUM
TO: David T. Harden
City Manager
FROM: Joseph M. ~
Director of ~ na ,
SUBJECT: Interlocal Agreement for Newly Authorized Five Cent Local Option
Gas Tax
DATE: August 5, 1993
As we were advised by the Palm Beach County Commission, recent passage of
State legislation has authorized the County Commission to levy an additional
five cents in Local Option Gas Taxes (and also to levy the "ninth cent"
without a referendum). Similar to the existing six cents Local Option Gas Tax
passed in 1986, municipalities would receive a portion of these new revenues.
One method for levying and distributing this new user fee utilizes an
Interlocal Agreement between the County and enough municipalities to represent
the majority of the incorporated area population.
On July 20, 1993, the County Commission approved, at first reading, two
versions of the Ordinance which would actually levy the tax and directed that
they be advertised for the August 17th Public Hearing for second reading and
final adoption. The difference between these two versions is that one relies
on the Interlocal Agreement method and the other is based on the statutory
distribution in the absence of an Interlocal Agreement. The Municipal
League, along with the County, supports this new user fee in general, and the
Interlocal Agreement method in particular. That method provides the
municipalities with a slightly larger share of the gas tax distribution.
Under the Interlocal Agreement, the distribution is 79% for the County and 21%
for the municipalities; whereas, the alternative method would yield a split of
80% County, 20% municipalities. The difference amounts to approximately
$180,000 annually. This point was reported at the July 28th general
membership meeting of the Municipal League and municipalities were strongly
urged by the League's leadership to support the Interlocal Agreement.
We are submitting this Interlocal Agreement for approval by the City
Commission at this time.
JMS/sam
'.
'.
RECEIVED (.:(\'
c:~/1
AUG4 J99j
[ITY DF DELIAY BEA[H CITY MANA ' "
GERS OlliCf
CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSItvlIl.E 407;278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
Date: August 3, 1993
To: David Harden, City Manager
From: Susan A. Ruby, City Attorney
Subject: Inter10cal Agreement for Five Cent Local Option
Gas Tax
I have reviewed the agreement and find it acceptable as to
legal sufficiency and form. The attached letter appears to
require municipalities to enter into and execute this agreement
prior to August 17, 1993. I have not reviewed the agreement on
the basis of formulas. If this agreement is acceptable to you,
however, it should be placed on the August 10th agenda for City
Commission consideration.
Please call if you have any questions.
Enclosures
gastax.sar
.. "j,.;"
'.
" " . . . ld!-'1 c(~~'"
.Boa~? ~f Co.unty CommISSIOners 8/2/93 c: Commis s ion County Adminisftator
Mary McCarty Chair City Manager R b W'
, , 0 ert eIsman
Ken L. Foster, VIce Chairman Susan Ruby
Karen T Marcus Joe Safford ~> ';:'i;.'~)
. {J'" . '.f t_ Ut
Carol A. Roberts
Warren H. Newell RAB:mld ;\UG 2 1993
Burt Aaronson
Maude Ford Lee CITY COr'M\;; !SS!O\\~
July 30, 1993
RECEIVED
<ir13Jq3
The Honorable Thomas Lynch CITY CLERK
Mayor, Delray Beach
100 N. W. First Avenue
Delray Beach, FL 33444
RE: Interlocal Agreement for Newly Authorized Five Cent Local
option Gas Tax (F.S. 336.025)
Dear Mayor Lynch:
As you may well know, recent passage of state legislation has
authorized the County Commission to levy an additional five cents
in local option gas taxes (and also to levy the "ninth cent"
without a referendum). Similar to the existing six cents local
option gas tax passed in 1986, municipalities would receive a
portion of these new revenues. One method for levying and
distributing this new user fee utilizes an Interlocal Agreement
between the County and enough municipalities to represent the
majority of the incorporated area population.
On July 20, 1993 the County Commission approved, at first reading,
two versions of the Ordinance which would actually levy the tax and
directed that they be advertised for the August 17th Public Hearing
for second reading and final adoption. The difference between
these two versions is that one relies on the Interlocal Agreement
method and the other is based on the statutory distribution in the
absence of an Interlocal Agreement. The Municipal League, along
with the County, supports this new user fee in general, and the
Interlocal Agreement method in particular. That method provides the
municipalities with a slightly larger share of the gas tax
distribution.
Under the Interlocal Agreement, the distribution is 79% for the
County and 21% for the municipalities; whereas, the alternative
method would yield a split of 80% County, 20% municipalities. The
difference amounts to approximately $180,000 annually. This point
was reported at the July 28th general membership meeting of the
Municipal League and the municipalities were strongly urged by the
League's leadership to support the Interlocai Agreement. Although
advance copies of this Agreement were handed out to those present
at the July 28th meeting, this cover letter is formally
"An Equal Opportunity - Affirmative Action Employer"
~ P.O. Box 1989 West Palm Beach, Florida 33402-1989
Wprintedonrecycledpaper (407) 355-2030 FAX: (407) 355-3982
,.
Page 2
Interlocal Agreement
transmitting the attached Interlocal Agreement to each
municipality. The Municipal League, with assistance from the West
Palm Beach Director of Engineering, is finalizing Exhibit A and
will forward that to each municipality separately.
with the final adoption hearing set and advertised for August 17th
the time frame is tight for the municipalities to execute this
Int~rlocal Agreement prior to that date. Contact persons for
questions or assistance are:
General - Haney Frakes, Assistant County Engineer - 684-4013,
Legal - Gordon Selfridge, Assistant County Attorney - 355-2225
Fiscal - Richard Roberts, Assistant Director, Palm Beach County
Office of Financial Management and Budget - 355-4626
Municipal League Executive Director - Jack' Horniman - 355-4484
As was stated at the July 28th meeting, each municipality is
strongly urged to act quickly and favorably. Please note by the
dual signatures below that both the County and the Municipal League
support this Interlocal Agreement. When your municipality has
acted on this Agreement, please notify Mr. Frakes or Mr. Selfridge.
Your cooperation in these matters of mutual interest is
appreciated.
Mary McCarty, Chair Robert Mc Donald, President
Board of County Commissioners Palm Beach County Municipal League
"7 " " /'. ,. .,. ') ,
., . "." / . {., (( I
. /' /~. (/(1// I', <:. ( It ;:77 / {{'-.(--cL1 ) /1 I (r IL<~ l.(} ./
/ J ; , '
, ! .
/
/
cc: Manager/Clerk w/Attachment
P.S. Just prior to the mailout of this letter, Exhibit A was
finalized and is attached as a part of this package.
'.
'. ,
. MEMO
From
CITY MANAGER'S OFFICE
To: ~ Date: 7;;'" /l:3
./'~ ~7A-.~U;t-.~
'&//0- ~rk '
vr1
cc:,~
.
I, ,II
"
. 0H-93 nm 'rillil\llTIlLlf~uu 1\\ ~ m U IfililrR ~ Lt~UU t
PC ~ ,~, OOVE~K~ C{~~(~ 'f(~~f FAJ.j B(,,>, r1h).1WJ2I~~ ~
FAX NUMBER (407) 355-6545
7/30/93 To: City Commissioners
Susan Ruby
fa-- Joe Safford
~ FYI (sk for DTH)
ru TlANSMIn'AL FOR)(
TO: ALL ;11/.{/JIcrfJALtnes f ;V1A-y~~ Mbrcs
{
DEPARTMENT/COMPANY: (l1 UN(CI fAL..\TlES .
DATE: 7/30113
TlKE: /2 : 3> PI'Yl
FAX NO.: --
PHONE NO: --
Nt.TMBER OF PAGE 5 INCLUDING COVER SHEET: 9
FROM: J ~ t-b {!t-J \ MAtJ
DEP-'RTMENT: f 6r:: (VlUAJlC \ fAt.. L84bu E
PHONE NO: (401) 3S;S -Lf'-l~y
IF ANY PART Of THIS MESSAGE IS HISSING, PLEASE CALL (407) 355-4484.
-PL..(:c~E; fINO AT1X~ THE ~I JI-JlE1Z-LC..GI\l.--
A-bf2.ffiV\a-.sr W 1M E~_\!:,iT A. ON T~ LocAL Dfn c~
~ fAY.. WE (V\LAST Aq oN llil(? g~ Nu<;' n t JCf'r3'
(p~ of ZtV2 t<.~ 1t0b ~ ~o) foiZ- 1\-tE fviW'JLC'(ALI Co,
1 NfE1l-l.lX.AL ~ENT I rT I':> I ~fNZTA-N1 THA-T L(OUIZ- CIT'1
A<1 /'1S^f. :tf' 'frtE Abea:tl18'SJ \S NCf ~ rGCJJe[) 6Lf
Ilk~ ~ I wE- ff.-aJtflT t'#..\C. 1D &/lofu>(o. ~o{ f-~ Do
l..{o ~ 'B~T' TAANcs ~ .-rAt:L .
'.
"
..
INTERLOCAL AGREEMENT
This Agreement is made the _ day of August, 1993 by and between Palm
Beach County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), whose address is 301 N. Olive Avenue, West Palm Beach, Florida, 33401 and
, a municipality located in Palm Beach County, Florida (hereinafter
referred to as "Municipality"), whose mailing address is
WITNESSETH
WHEREAS, Chapter 336.025, Florida Statutes, was amended by the Florida
Legislature and took effect on May 1, 1993; and
WHEREAS, said Statute authorizes a 1, 2, 3, 4, or 5 cent local option gas tax
to be levied upon the sale of motor fuel within the County; and
WHEREAS, said Statute in Section 1(b)2 authorizes execution of an interlocal
agreement by and between Palm Beach County and the Municipalities located therein to
establish a distribution formula for dividing the proceeds of said tax among county
government and all eligible municipalities within the County; and
WHEREAS, representatives of Palm Beach County and the Municipalities have
met and negotiated mutually acceptable terms and conditions for said interlocal agreement
which are set forth herein; and
WHEREAS, this Agreement must be approved and executed not later than
August 31, 1993.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants herein contained, and for such other good and valuable consideration, the receipt
of which the parties hereby expressly acknowledge, the parties hereto covenant and agree
to the following terms and conditions.
1. This Agreement is entered into with the specific contemplation that the
Board of County Commissioners of Palm Beach County will enact an appropriate ordinance
to levy a five cent (5~) local option gas tax within Palm Beach County, with said tax being
imposed effective on January 1, 1994 and further with said proceeds being distributed based
'.
..
,
upon an Interlocal Agreement ("Interlocal Agreement Gas Tax Ordinance") as opposed to
being based upon historical expenditures ("Statutory Distribution Gas Tax Ordinance"). In
the event the Board of County Commissioners of Palm Beach County fails or refuses to
enact said ordinance, this Agreement shall be null and void. Similarly, the term of this
Agreement shall be contemporaneous with the term set forth in the aforesaid Interlocal
Agreement Gas Tax Ordinance so that the parties expressly agree that this agreement shall
terminate at such time as the gas tax proceeds are no longer collected and distributed
pursuant to the aforementioned contemplated "Interlocal Agreement Gas Tax Ordinance".
2. A. All proceeds of the tax collected pursuant to said ordinance shall
be divided between Palm Beach County and the cities as follows:
i. The County shall receive seventy-nine percent (79%) of
all sums collected.
ii. The cities collectively shall receive tw~nty-one percent
(21 %) of all sums collected.
B, All money shall be collected and distributed to the respective
parties as provided in Chapter 336.025(2), Florida Statutes.
3, Each Municipality eligible to participate in the distribution of the
proceeds of said tax shall receive a pro rata share of the aforesaid 21 % Municipality share
pursuant to a formula that will be based 70% on lane miles located within a Municipality
for which the Municipality is responsible for maintenance and 30% upon the population of
the Municipality based upon the most recent University of Florida Population Estimate.
Said formula is:
30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
Exhibit "A" which is made a part hereof and incorporated herein by reference
identifies each eligible Municipality's pro rata share of the Municipalities 21 % share. The
Municipal League, on behalf of those eligible Municipalities, shall prepare and submit to
the County, prior to execution of this Interlocal Agreement by the Municipalities, the
aforementioned Exhibit "A". Moreover, said distribution may be amended not more than
once annually by the Municipal League preparing, on behalf of said Municipalities, a new
-2-
'.
"
,
.
Exhibit "A", based upon changes in the foregoing criteria, and submitting, by June 1st of any
year, same to the County Administrator who shall in turn transmit same to the Department
of Revenue.
4. This is one of several interlocal agreements between the County and
various Municipalities providing for the same terms fQr the division and distribution of the
proceeds of the gas tax. As such; this interlocal agreement may be executed in one or more
counterparts, each of whkh shalf be deemed an original, but all of which shall constitute one
in the same instrument (the "Interlocal Agreement") for the purpose of paragraph l(b)2 of
Section 336,025, Florida Statutes, The InterIocal Agreement constitutes an interlocal
agreement between Palm Beach County and the Municipalities located therein representing
a majority of the incorporated area population within Palm Beach County.
5. Nothing in this agreement shall preclude either party from litigating
against the other on matters completely unrelated to and not contemplated by this
agreement.
6. This agreement shall take effect only upon execution both by Palm
Beach County and by those Municipalities representing a majority of the population of the
incorporated areas of Palm Beach County, In the event that either Palm beach County fails
or refuses to execute this Agreement or in the event that those Municipalities representing
a majority of the population of the incorporated areas of Palm Beach County fail to execute
this Agreement, then this Agreement automatically shall be null and void and the parties
hereto shall have no further rights or responsibilities hereunder.
7. The invalidity of any portion, article, paragraph, provision, clause or any'
portion thereof of this agreement shall have no affect upon the validity of any other part of
portion hereof.
8. To the extent allowed by law, the venue for any action arising from this
agreement shall be in Palm Beach County, Florida.
9. This agreement shall be governed by and in accordance with the laws
of the State of Florida.
10. In any action brought by either party for the enforcement of the
obligations of the other party, the prevailing party shall be entitled to recover reasonable
-3-
'.
'.
,
attorney's fees.
11. Any notice given under the provisions of this agreement shall be in
writing and shall be delivered personally or sent by certified or registered mail, postage
prepaid to:
COUNTY:
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WITII A COpy TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
MUNlCIPALITY:
or to such other respective addresses as the parties may designate to each other in writing
from time to time, Notice by certified or registered mail, return receipt requested, shall be
deemed given on the date that such notice is deposited in a Untied States Post Office.
12. The parties expressly agree that time is of the essence in this agreement and
the failure by a party to complete performance within the time specified, or within a
reasonable time if no time is specified herein, shall, at the option of the other party without
liability, in addition to any other rights or remedies, relieve the other party of any obligation
to accept such performance.
13. The parties hereto expressly covenant and agree that in the event either party
is in default of its obligations herein, the party not in default shall provide to the party in
default thirty (30) days written notice to cure said default before exercising any of its rights
as provided for in this agreement.
14. The parti~s agree that this agreement sets forth the entire agreement between
the parties, and there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this agreement may be added to,
modified, superseded or otherwise altered except by written instrument executed by the
parties hereto.
-4-
'.
"
,
IN WITNESS WHEREOF the parties hereto have set their hands and seals
in tbe day set forth above.
ATTEST: (NAME OF MUNICIPALITY)
By: By:
City Clerk Mayor
ATTEST: PALM BEACH COUNTY, FWRIDA
DOROTIIY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By
County Attorney
-
-
-5-
'.
"
EXHIBIT A TO THE
INTERLOCAL AGREEMENT
WITH THE MUNICIPALITIES
INCORPORATED PALM BEACH COUNTY
POPULAnON AND LANE MILES DISTRIBUTION
END OF YEAR 1S18S
CrTY INCORPORATED PEFlCENT OF INCORPORATED PERCENT OF PERCENT
POPULATION TOTAL. INC. LANE MIL.ES TOTAL INC. L.OCAL
POPULATION LANE MILES DISTRIBUTION
Atlantis 1,673 0.35 24,0 0,78 0.649
Belle Orade 11.208 3,82 134.3 4,;5.4 4,127
Boca Raton 63,224 13.30 502.0 18,24 1~,3S7
Boynton Beach 48.144 10,13 244,4 7,81 8,573
Briny Breez.. 3~5 0.08 0,0 0,00 0,025
Cloud Iou. 121 0.03 1.4 0,05 0.039
Oeltay Seach 48,348 10.11 387,7 12.54 11,830
Glen FlJdge 211 0,04 3,3 0,11 0,088
GO'f 190 0,04 7.0 0.23 0,170
Golrvlew 153 0.03 2.4 0,08 O,Q6.4
Greenacres City 21,938 ' 4,62 250 0,81 1951
Qulfstream 703 0,15 10,0 0,32 0.271
Hsvemlll 1,154 0.24 8,8 0,28 0,271
Highland Beach 3.234 0.88 4,0 0,13 0,295
Hypoluxo 1.117 0.24 1.3 0,04 0,100
Juno Beach 2,18S 0,46 31 0,10 0,2011
Jupiter 25,898 5,046 138,0 4,~ 4,714
Jupiter Inlet Colony 406 0,09 5,4 0,17 0,148
!.al<e Clarke Shores 3,813 0,16 zr,7 0,90 0,855
Lake Park 6,839 1,40 59.4 1,92 1,7804
L.aI<e Worth 28.387 5.97 194,2 6,28 ~,189
Lantana B.396 1,n 57,g 1,87 1.841
Manalapll1 321 0.07 9,2 I 0,30 0,229
Mangonia Park 1,411 C.30 14,0 0,45 0,408
Nonh Palm Beach 11.747 2.47 52.3 1,&9 1,Il2e
Ocean Ridge 1.593 0.34 28,0 0,&4 0,689
Pahokee 6.811 1,45 18,4 0,80 0,850
Palm Beach 9,819 1Z.01 9.4,6 3,06 2.782
Palm BeaCh Qsrdens 27.553 5,80 gO.O 2111 3,m
Palm Beach Shores 1.031 0.22 10,3 0,33 0,298
Palm Sprtngs 9.108 2.04 26,0 0,64 1,201
Riviera Beactl 21,128 5.71 208.0 6,73 8,422
Floyal Palm Beacl1 16,462 3.46 156.8 5,07 4,589
South Bay 4,039 0,85 29,7 o.~ 0,927
South Palm Baaen 1,483 0.31 0,0 0,00 0,094
Tequesta 4,503 0,95 45,2 1,46 1,308
West Palm SaaeM 68,210 14.3e 471,7 15.26 14,990
475.272 3091,5 100
-
"
. ,
MEMORANDUM
.
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {?,r/l
\
SUBJECT: AGENDA ITEM it ct+\ - MEETING OF AUGUST 10. 1993
CHANGE ORDER NO. 3 IS. 1. NICHOLAS, INC.
DATE: August 6, 1993
This is a change order in the amount of $10,345.20 and which also
extends the contract completion date by three days for S.1. Nicholas,
Inc. for miscellaneous changes to the Fire Station Headquarters
project. Changes to the contract include:
-Upgrade of the liquid propane tank from 100 gallons to 500
gallons and installation of a three inch conduit line under the
service road.
-Deletion of sod at the visitors parking area and substitution
with drought resistant/low maintenance landscaping materials.
-Installation of street address numbers on the east wall.
-Reimbursement of cost for use of portable generators due to
Hurricane Andrew.
Detailed supporting documentation is attached as backup material for
this item.
Recommend approval of Change Order No. 3 in the amount of $10,345.20
and which also extends the contract completion date by three days for
S.1. Nicholas, lnc, i ,with funding from 1992 Bond Anticipation Note -
Central Fire Station (Account No. 227-2311-522-61.56).
'.
, .
'.
,
CITY OF DELRAY BEACH
~BANGE ORDER, XO ORIGINAL COHrRACX
.
.
":HANGE NO. 3 PROJECT NO. # 9 0 5 7 6 DATE: June 1 5 , 1993
ROJECT TITLE: Delray Beach Fire Dept. Headauarr:ers
TO CONTRACTOR: S. I. Nicholas. TnrA
yOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION: P.R. #11 = $3,493.00
P.R. #13 = $3,417.70
P.R. #14 = $ 132.00
Generator= $2,616.68
*Please see attached .breakdown sheets.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,586,953.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ~ 32,522.62
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER ~1,bI9,4/~.62
~OST OF CONSTRUCTION CHANGES THIS ORDER :;i IU,345.2U
,DJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $IJF.?Q.~?n ~?
PER CENT INCREASE/_V18Ic. THIS CHANGE ORDER .OJ64 ,
TOTAL PER CENT INCREASE/_'M.. TO DATE .0270 , If ,
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 3 CALENDAR DAYS TO All g . ') ') , 19 S
Date
CERT 1TATEMENTI-- I hereby certify that the supporting cost data included is, in my
considered opin on, accur prices quoted are fair and
reasonable and n pro r t:: cost of the original work
( contracted for er efi e bidding.
~
CONTRACTOR OR ENGINEER)
(SEAL)
TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commision
RECOMMEND: By: ,
PROJECT MANAGER MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
t,' ," "
.,., lCO'l'OC:XT::
";'- --_....~-.... .;.
,
S. I. NICHOLAS, INC.
GENERAL CONTRACTORS
1620 SOUTH FEDERAL HWY., SUITE 61 1 · POMPANO BEACH, FL 33062 . (305) 786-2990 . FAX (305) 783-9256
June 15, 1993
CURRIE SCHNEIDER ASSOCIATES .
ATI: Jose Aquila
25 Seabreeze Avenue
Delray Beach, Florida 33483
RE: Delray Beach Fire Dept. Headquarters
Dear Jose:
Please fmd below the cost breakdown for the extra work required by Proposal Request #11,"1~ ~ \4-
_ and the back up enclosed.
P.R. #11 Brewer Electric Price $ 3,493.00
P.R. #13 Treeman Landscape Nursery, Inc. $ 3,417.70
P.R. #14 Engineered Sales $ 132.00
Generator $ 2.616.68
SUB TOTAL $ 9,659.38
2 % Bond Cost $ 193.19
SUB TOTAL . $ 9,852.57
5 % Profit $ 492.63
GRAND TOTAL $10,345.20
We expect extension of time of (3) days starting from the day this Change Order is approved.
r /
- - - .
SAMIR NICHOLAS
VICE PRESIDENT
.
'.
.
EXHIBIT itA"
Change Order 1t3
Project No. : 91-058
Project Name: Central Fire Station
Item RFQ/ Total Comments
No. Description COR It
--------------------------------------------------------------------------------------------~---------------------------------
1 Upgrade underground liquid propane tank from 100 gallon to 11 $3,741.00 Architect Requested Change based on
500 gal as required by gas company and provide a 3" conduit Gas companies engineering evaluation
under service road for possible future use. and recommendation.
2 Delete sod around visitor parking area and substitute 13 $3,660.36 City Requested Change (Parks Dept.)
other landscaping as indicated on revised plans. to alleviate landscaping maintenance.
3 Install street address numbers (5,0, & 1) to east wall of 14 $141. 38 Architect Requested Change suggested
building as indicated on revised sketch. to post address on building.
4 Cost of using portable generators at the start of the $2,802.46 Unforeseen Condition after Hurricane
job due to FPL not being able provide power after Andrew when FPL could not provide
hurricane. electric service to site.
----------------
Total net add Change Order 1t3 $10,345.20
==~=================
..
.
~
..c::
u
~
o
E-o
~ ~ ~ >-i
CO '! .. CO
~N ~ ~
N C
~ ~~
0)
0:.
iii:! 0
l:I !:lZ
o 0:
;:J O"e)
." Q)
,; 1iI:!.....
l:I ~ 0
o ~ M
OJ ~ 0 =~
LD N~ ~ 0
O 0 . Q)
CX)o In
~ I : ~
- ~ 0
< m ~
::::!l~ _
::s
~ z ~
r~ 0 ..
v, ~ ~
0:: < '" ~
r.::I E-< ~ 0
Cl CI.l ~ ~ if
'" ... . . .. .... j
- r_' ~ 0 " Z
o _ CD" '"
e= .. i ::I: i!! i
t3 JZ.. '" ~ !!oj l!
z ~ r.:I~
< < .. ~~~
~ 0:: & ~.
U E-< ~ ~tl~
~ a ~~~
u 'i r.:I !;J !!
: ~ Q~e
.~ "~~
~ ill 50..... .... '"I
.qc . Q) OZ
~- = ~
~ ~ ~zl!
." 1:"'"'05
U -l2:li
IIUia
~ ~
N [~
~i
~II
..
.
PROPOSAL OWNER I
ARCHITECT
REQUEST ' CONTRACTOR
FIELD
AlA DOCUMENT C709 OTHER
-
PROJECT: 1)E.L.~ Po.I\ (; ",,",. ~: ~e. lZc<<":>CuE PROPOSAL REQUEST NO: 0\ \
(name, addres~) '30 \ (J..). A4~ <- Ave.
OWNER: 1:.\~ ->.\- () E"\.. ~V\. Px..~ . DATE: ~ . \S . G\ ~
TO: (Contractor) ARCHITECT'S PROJECT NO: ' q 0 S'1lp
r C:;.\.,J\c.~~c; , 'I
.. ' y... <... Co.A <0.. -\.a..,; ~ ~~ .
CONTRACT FOR: C., ~\~ .
L ..J CONTRACT DATED: %. 1..,* . G\ 'l..
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifica.
tions to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
Description: (Wrillen description of lhe Work)
p",-rhJ" J e. ~\'o(Z . ~A--k~& Los..\- -\D U~~~~~
~
~ je <' ~)'(..O V'I'- J. Lt GLIJ' () ?YO ~ ",.:e ~k {~ \00 ~~ L
A~ (l.e ~ ";'W" 4!c9- p.e 0(' CoY' ~c.~ 1) 0 l.(J V\I\ P ~ ..( s ~ SOO "ScUl..
-
~ (l. e61. V ~ ~,.g, ~\ ~~~ ~N'~"'~ .
AL';)o ..\-t, ?-n V\~c. ?)b p.\l.c.. (uY\ J'J: ~ ~j t'.\.. Se<v; GL
tloA ~ \ .(:.,.. ((o~: 'o\..c J\J+~
'i', LA \ U~ ~ ~'~.
Attachments: ILlII IlIlched documenll 11111 support deKrlpllon)
~~.
"-
ARCHITECT: L.U 'fr~ e -=; G- '- e :- c\~ k ~() c:. ,,' A..~.cr.. "... \ A ('A.
- ..
BY: ~i Asv'.\-
AlA DOCUMENT C7" · PROPOSAL REQUEST . Al'lm 1~7~ COITION . AI^,~ . ~ 1'.170 . TIll ONE "AGE
AMEItICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINCH"IN. D.C. :10006
.
'.
. P 81
. , .
.
BREWE:R ~.~.LMJ:C ~VJ:Ct"~, J:NC.
2430 5. W. 34th CXXJRT
Rm'~. ~ 33312
Cl'FICE (305) ~
FAX (~) ~l
April 27C5.1~93
B.I. N1chola8. Inc.
1620 South.Federal Hwy,
Suite 611
PompAno B-ach. Florida 33~62
Attentionl Mr. W1lfredo Perez
Reference: pelrcy Beach Fire Dep~rtme~t Headquarters
. . D~Ar Willy, ,
"
:'rho tOllow.luy jl5 in response to the Architect's PROPOSAL REQUEST
NQ, 011 aated 3-1~-93.
',: n,u work dOl5crlbed jn ,prupo~al ,reque8t: nUmber 11 wl11 be
p~rformo~ primarily by my generator vender, so instead ot listing
all of the partlcu14r~ I havo attached 4 copy or my vender's
proposal to this lelLer.
Subtotal: $ 3.175.00 *PVC INCLUDED IN THIS PRICE
. OVorhoad: $ 318.00
.
TOTAL AMOUNT; $ 3,493.00
Please b~ advised thAt upon reciept ot '4 CHANG~ ORDER in the
. TOTAL AMOUNT stlpulated above we w111 initiate the work descrbed
in the Architect's propusal reque~t.
If you hCiVU Gny questlons or need additional 1nfo1"'1D4tion please
do noL l1uHlla.te to CAll mo.
Scrvi ces , 1 nc, .
AttAched
...._,......_.~__..~___M______..
'.
.'- --......." .__.~....,.., , .-
:!:;;
~ to' .
~ ii
~$( A rrfV~ (v: III
i~1
>1.
: (:\
.i'l
\ l~: , .. .
I "
.
: j'; HOI-HOROAN GDEllAL MBCIlAlttCAL GROUP. ute..
)(: 19845 116th'Ave 60uth
\'; ;
~ 't4 300a aaton,'~L 334'8
1,.- .. . ,'. .
'.I' , , ' . OI'l'ICI:( 407) 477-9670
.:v .
.r.;::. : PAX: (407)' 471-9676 ..
';'.}':, "
., I,
t I f
r .~ .
H;' June 7, 1993 .
t
~'i I~ .. .
~:t it
I:~; 8~EHJ:R ELECTRIC REVISED June 4, 1993
tt::
"I r 0/0 DEVINZ.EkOIRE To refleat only price
;.,., TO: DAM DEVINe differena.. to 100 9al1on
. \,
:~~. . . t.nk vs. 500 gallon,
:1; .
i~. . material and labor.
I':'~ I PVC conduit iG not inoluded.
y' , .
'-l; .
;;~. .
.," Tbe original 100 gallon tank wa. a .toek 1t.m and quoted at a
.!!
~'n disoounted r.te ('600.00) to move out of stock.
'.r
,'.
. ~ t:'. . . ,
t, , . , 1 did ~bow.tbe actual coat d1ff~r.nc. b.fore but ~.fuQded. the'
f {r , .
i~~ $600.00 in:..ddit'ioft to the aotua41, COlt cU,fferelloe. Tbj,s was
'l.. 1~. error and i. corrected Oft this 're-run. .
i.,~~. , ,
. ,. The PVO" adc1.t i. 'not inel "d.d in this t ..,,1,aion 80 th.
' (
:'i' . '. .
Engineer can consider tank for t'llnk. ..
,
"'l' .
! f;' '. .,. ',.... . ' Ri.lgard~, . ,
;'l~ . . , .
(,.' .
.,. .'
".
~~. . . ,
.~.;.. ,
.:,: '. ,
ml I ,I . ,
. . ,
'I.' . .8bb Mor;an ,
1\' , .' ,
"0. "
;.~~
",'
f ,';.: . . .
j1.. . .
,h ,
,'.,.
") ~. . ..
~I'" . I
H~, . I " '
,,,. . .
.J~ .' , . . .
.. .
~;.r . .
" '
,(1 I ,. ,
'A 0, f 0-. .'
,""
. ~.
!~'i
"'1
" ,
" .
..,
.,
: ,: .... ' I'
,:: , .. ( .
~t. ' ..
,,"'.' '. \ Uf',. : ,,", .
. r.-: ~ 0' . ,,: . . . .
I' . ~:. . ..
:..\1 \. "., . \ ,
I ~:'~:' . .~:
. . .~~ . '.' .' ~ '. .' ,'.
, i'; .. '. . .. , . .' .' .-
~ !
'i.... .
00',' . .';.. '0' .' , , . .... '.."': '.
, . .... . .. Of' " . . . ..
0' ;.'. . .': ':'.,:.' ~:; . " ,
.\11" . . . ..
.,
.~i. Of Of :~ .:'~ .' .
~~ ~ . :',.:". 0" . . ..: .. . . . '0' '0'..
'I.~t. ",'-' r '. . ... .....~ .
~i ' . . 00 ;.' :.0, . - ." .
'0,.( ,. ....~. . '0.. ..
~f :.:., .:,. ..... : .: <. . ," Of.
. . . . ..!.. ....
~ . . " ',1 · 'I .. . y
. , .. ;~. :,;.'.. '. " ' , '. . .
~ f" ..~)j I ~1 .::. .. to;'"
'~"':... "I. .~ . ,.' . . .' .. '. .. ..
L.'
,.
. -"';",,..
" ao-~~-l-:r:.l.3 419; l:>AM fROM",. I, , ' " '. . TO ',,' ',>~:-~!;J~~~..~S4238S60 .p.e3:'
'.~' ..;:: 'If: "or;! :
, .: ....: .~.:11~"~ .
1!1' , .',>,'~ :':':>;11f ,
;. ~ ';" . . <!; :~! :'
~!: . 6/~/93 ' RE~ISED TO SHOW, ONLY THE DIFFERENCE BETWEEN 100
\~;. GAt.t.ON AND 500 GALLON. ' ';"
;;: PVC eondui t, is not. ine 1 ud ed. On t.hi s change order':.
'. . . ..... ...~. .
. ,.... .. #
+, PROJECT: DEL-RAY.1 ~EACH FIRE S'r '1 MGI CHANGE, ORDER !1G0324931
.,!i~ DELRAY PLORIDA DATE: March:29, 1993
> PAGE 1 Oll' ~ .
,i.. . .
+: lL TOTAL PR I CE "~I S "CHANGE PROPOSAL' .... ~~. ;:$ 3,0 1 ~ . ~ 0
"'i: 1$. TIME INCREASE FOR THtS CHANGE PROP.OSAL '.',.3 days' , . -
?'~':, C,. DESCRIPTION OP' WORK FOR THIS CHANGE' ". ':"'" '.
~~ .
. :~. ' .
....., - ....--
:!H 1) Del..te or1gin~:1 l~O. ga 1 AG, UL p~oRane ta~k and rep-r;~c:tt wi ~h
"". SOO gal. ',' '.
X' _~ j I; 100 SOp .:.JUr.F.~.( .'
<I." I w
. ,";.:' . f
~n. D . COST SUMMl\JtY' . " . ; . ,
~~; . 1) TOTAL LABOR COBT G$38.S0 ..240... 704'.75'"..46.4.15', I
!X~ 2) TO'l'At,'MATERtALCOS'l' . 360....2229.071869.07...
'?f.~ · 3 } TOTAL EQUIPMIlNI!' COS'l'/RE- . '
~{i,~ . MOBILIZATION COST-BOOK TRUCK' 365.00., ~~~.OO .':
;',~;: 4) .SUBCON'l'RAC'l'ORS COST . .40.00.. .4q.OO. '
':';:;' S) AS-BUILT'AND SUBKITTAL COST .:":' " .
; ~'1~ 1 MPAC'l' ! 40.00',.':
if'. .. .. !. .. .. . .
..:r~ 6). OTHER MISC:Ct\LANEOUS COS~8: "...
;(, A) TRAVEL ~'ND SUBSISTENCE . . .
.:!~ B) LONG DI~'1'ANCE: CALL, 'FAX . .'
,:';. C) BLUEPRINTING REPRODUCTION . "
:!t D) CLEANING AND DEBRIS . . ,
,'U REMOVAL - . .
.... . ...
,;; E) FINANCE COSTS
:il~ P) EXTENDED SITE OVERHEAD I .
:'k . 0) LtCSKSSS AND PERMITS .
. .;~~ H) PROJBC't MlUU\GEMEN'l'
.:~; 1) Air tast/set up inspection '
n~ . J) Engine.ring Review Inc. in Labor. .
~f 7> SUBTOTAL ITEMS 1 THRU 6
n~ . 8) WARRANTY WORK , '.
~~1" ALt,OWANC!. 0.005 X #7 d..!:...... .2738.82'
':,\ 9) SUBTOTAL -ITEM 7 PLUS ITEM 8 :. ... 273.88
"':;~ ~ 10) OVtRK!:AD 10\ OF ITEM 9 :..';.'.:;,:. 3012 70 '
.;;~; ~l) -SUBTOTAL ITZH 9 Pr.U8 10 . . ,
tJ 12) PROFIT 10' Oil' I'I'EM 11 .'. , . ...
<;-;, 13) SUBTOTAl. lTEM 11 PLUS ITEM 12 .';, 3011..70
")L 14) aONO 0\ OP ITEM 13 '. 0
{.; 15) SUST01'J\t. ITEM 13 PLUS ITEM 14 ,:." .. ~..:... _ 3012.70
: i,':; 16) I NSUI\ANCi: . . 0' OF ITEM 15 : .,' 0
I}~ 1') SU8TO~AL 3012.?0
:,):. ., ..
,\, . .
;:~;, TOTAl:. PRICE nIS CHANG! REQt)EB'1'.....:,...83,012a;.70
~r file:DRTNKCHO
.;';.:: ..
,"
,:.,F
;l: "-
. :.....: ".,
:;j';' ........
:,; I ".....,
~ r~: f . ""
'-___._"0--'"
.
PROPOSAL OWNER I
ARCHITECT
REQUEST CONTRACTOR
fiELD
AlA DOCUMENT G709 OTHER
-
PROJECT: VeL~,,\ ~e1\C,^ f~ - PROPOSAL REQUEST NO: Q\~
(name, ~ddreS$) ~O Q...J flit R.. ~ ~
OWNER: G~ oFU~ ~~ DATE: '5 . 'Z..1. 'i'?
TO: (Contractor) ARCHITECT'S PROJECT NO:
r -, ~Ot::>1(P
"'5. \. t->'c..~l~ ~ .
.. "" "" .
CONTRACT fOR: ~et'\eC'...L C~~hw:.-k~
L ..J CONTRACT DATED: Au~. '24" 1'l92.
Please submit an itemized quolalion for changes in the Conlrilct Sum andlor Time incidenwJ to proposed modilico1-
tions to the Contract Documents described Ju:rein,
THIS IS NOT A CHANCE ORDER NOR A DIRECTION TO PROCHD Willi THE WORK DESCRIBED HEREIN.
Description: jWrillen descripliofl 01 the Workl
?~J\Ac. ~t>p:~.J2 (Q~ ( ~-+ kor -he..
'()- \c:. ~ ~ ~ ~c:.'D a.. rO~ ~ U i~: ~ll... f 1\-2- ~~ '5 (N\fL~
- o..,^~ ~\J"t ~~ CS~~-> .{; ~~
~!> ;,^~:-G-W ~
IA ~G-W.Jl. Pl~s \J..AtL,~ ~~ P<.~ \~" ~ ~ 7- Jo..~Jl
C:,. ~~. ~~
.
.
Atlachments: IUM...1KIIed documen.. ';"1 support desuipllonJ
-S '-' e...~, \..\ S, L..'Z. lo1 :J C:t~ ~r 4 k-t 90 c.:-A .k ,
i
.
ARCHITECT: c'eJ '( r, ~ ?~,^c,;-~~ ~ -;.<' c..; A ~ct. A.A Jt'A.
-
BY: ~.
All. DOCUMENT C," · I'KOI'O~L RlQU(ST · AI'RIL ,..,7U [DI,T101"l . i\1i\VII . ll'I'J7U . lllf UNl 1'^Gl
....ru.'...... ...'......T.I'It' ", """'I'I"''''''~4" ....... ......... ............ ..... ...... .. ..'.. ~..... .
'.
.JU1 J.~ '';j.;j .J.b.~c:. ~"'(-uu.J-:;I(OJ- -
.
TREEMAN
, . '. LANDSCAPE NURSERY, INC.
_ .J'"
June 10, 1993
S.I. Nicholas, Inc.
. 1620 So. Federal Hwy. '611
Pompano Beach, PL. 33062
RBI Delray Beach Fire Rescue Headquarters
Dear Wil~y Perezl
EXTRA TO CONTRACT
Deduct 1,700 aq. ft. Floratam Sod I $.14 ($ 238. )
Add 78 Jasmine Simp. 3 gal. @ $6.00 $ 468.
Add 1,010 L1riope Evergreen Giant
1 gal. @ $2.50 $2,525.
Add 16 cu. Yds. Cypress Mulch8 $22.00 $ 352.
Bxtra To Contract Change Order '1 $3,107.
10% Overhead 310.00
.
~OTAL' $3,417.70
Revised Plan - emove Sod, Add Groundcover per the Parks
& Recreation Dept. 5/19/93.
81ncerely,
Barl Chriatenb
President .
.
.
.,
.
407 - 683-9873
1007 North ROOda Mango Road Phone: 407.. ~890
Unit 3, West Palm Beach, FL 33409 Fax: 407.. 683-9765
__. _^"^",_,_____"._.____n__._'" .
. .
PROPOSAL OWNER I
ARCHITECT
REQUEST CONTRACTOR
r1[lD
AM DOCUMENT C709 . OTHER
-
PROJECT: 'D.&l~ 8~ h'\.C ~CA.IC PROPOSAL REQUEST NO: 0\+
(name, ~ddress) ~O'Q."''''~'5 .
OWNER: ~~ Q F ..', '6 Cl.(l."", ~~ DATE: (,.C\.q,;
TO: (Contractot) QOc;.1<.,
r "'S. \. ~tc..~LA-;'. ~'""'. I ARCHITECT'S PROJECT NO:
CONTRACT FOR: <=.e,..l. C-t.1~c)~'
L ..J CONTRACT DATED; ~''-4'C1~
Pi..... submit an U-mi,;ed quotation for ch.anps in the Contrilct Sum olntJ/ur Time Incldenu' to propoMd modifica-
tions to IN Conllact Documenls described herein, .
"-
THIS IS NOT A CHANCE ORDER NOR ^ DIRECTION TO PROCEED Wlnl THE WORK DESCRIBED HEREIN.
!
.
Description: lWItllftl fIfta~ fill .... WWIlt
'Pl ~c. ....
-p." ~ ..cic.. CD~ ~It. (.,.. \QofL , \.A. D.- ~tIJl. J; h'\S-ka \\~
q
fg \1u ~\oett4i r:;.IC I
~ 1 ( ~-\ ItQOyC,"S) a;t " ~s..-i
~ CO \l ~\e. , Co (oe. ~ t-AA-~
- - c;r f~u. ous-I,
~"Y'C)V'CJl ltz.. -t\ ~. s. ,:>~.Ir W4.~l .
~
.
Auachmenls: ILl.. ~ ---... ...... IlIJ111Of1 dnul.....
~u~ t:~~ 4' ac a o.
SQ>l
s\ ~~ tJ ~ "'~(.
. .
4-
, EA~l 'I-
MCHITECT: ~ r r'..~ ~'^~;- ck- ~ -:'0 '"""-,..~ ~~ r1'
BY: ~$-E ~U'\\c
AlA DOCUNIHT C7tI · l'IIOI'O,^L ItfQUt5T . Al'klL 1:110 tUlTION . AlA" . oQ 1970 . THE ONt "AGE
I\MEItICAN IN~'lITun Of "ICHI1(CTS, J73S NI,W YOKI( 10\'(., N.W., WASI1INC:ON, o.c. 2IXIOt
'.
ld'l/ 1 tl/~~ lti:IdZ 'D"<l~' ~4;j tH~4 ~U\l':'
~ ~N ~3 '93 14:08 FROM ENGINEERED S~LES co PAGE.ael
ENGINEERED SALES COMPANY MANUfAC1'U-.s ~Al.ITMIVII
~.t, A rf..... p.o. Baa SUJ, Fc. LaudadaJa. PlodcLa UJIO
oeu:.. U60 NW tda Aft,' Pc. ~. Florida JJJ09 "-= Pl5)56J..5551 ..... (3IS),..,-a8. hi PIS)! ,11
J
r --, M1I &June 23, 1993
5.1. "ichol~s, Inc.
.
JO . QUOTA1JQN NO.
. ATTN; Wi n f e
1.:.. ...J
.,. '"
IIIIIUICT .
DURAY BEACH FIRE STATION
. ~ 10 ~'IH btI fOU.01rING M41ERIALS, AS IlANUFACllJIIIID .:
VMlOUS
Three (3) C<<st Al~n~ N~J 5", IGar~d' letter style, 172
Blue Green Baked Em..al Finish; 50~i
PRICE: SIXTY DOLlARS...($60.00) DELIVERED, TAX INCLUDED.
.
-f ~d4lA '1'f} J4~L.l- egO!..: ";.4. - ~ tJ .!..!
-
..
SUBTOTAL $120.00
10% OVERHEAD 12.00
TOTAL $132,00
"
tl9TICE TO ~'TOM'.: PUAII CHECKANO VEfWVOUMmTI9 AS WE CANNOT ~AANTEe 8M1e UNlTIlAlClSARE Glva....~ TO
COAAeCT ~NI"f ~ '" 0UNmTJU IN CAsE OF DOUBT,
U!!IIIi PAYMEIiIT 18 OUI ~ 'n4E TlNTH 110m, OF ntE YONTH 1'00LmllNO TIiE 00\11: ~ THE INYOtCE, PAV~T' THAT AAE' l'MT CUE Stw.L
~ lNTEAE8T AT THE RATS C# EIGHTEEN 11~1 rtRelNT PER ~
~I" OONOfTIONI: "'-_....... _.........._-..~ I UJl~lC& _....
~......._..............._ .__ 1 JI J ..... 1llIb<I..... _.......
., D-. ... .......-. ....... _ ............ _ w."......- ... -., ... .....
-WI ..~ ..___....... ...............,...------
--, - ...... ..., -.................... -. - - --..
-..- e.. "'" 0.-.......... ..---~.. - --...~...
'Cl ... .., cAP_ - _ _ "'" -... _ - - -.... - - -...
~- " ............ ..._ __~f1I___-~ ---,
...... ... ....... u..f......~ IRJ M llC_ _............ _.., '1 1 .........
..."... 'Y4.llo.4 ... .. .......-,-
ENQIIolli.,.v IA&U c:cMPANY
Drtlh.. RiJ-..lrN ... Dar.in.a Covl.
,
** TOTAL PAGE.sel .-
..
, .
.,
S. I. NICHOLAS, INC.
GENERAL CONTRACTORS
1620 SOUTH FEDERAL HWY., SUITE 611 . POMPANO BEACH, FL 33062 . (305) 786.2990 . FAX (305) 783.9256
INVOICE
June 15, 1993
CURRIE SCHNEIDER & ASSOCIATES
25 Seabreeze Avenue
Delray Beach, Florida 33483
RE: Delray Beach Fire Dept. Headquarters
The following is the breakdown for each Generator from August 31, 1992 to October 13,
1992:
Generator #1 - Wisconsin Robin Generator #2 - Pencer
Aug. 31st, Mon $ 38.00 Sept. 14th, Mon $ 38.00
Sept. 1 st, Tue $ 38.00 Sept. 15th, Tue $ 38.00
Sept. 2nd, Wed $ 38.00 Sept 16th, Wed $ 38,00
Sept. 3rd, Thu $ 38.00 Sept. 17th, Thu $ 38.00
Sept. 4th, Fri $ 38.00 Sept. 18th, Fri $ 38,00
Sept. 7th, Mon $ 38.00 Sept. 21st, Mon $ 38.00
Sept. 8th, Tue $ 38.00 Sept. 22nd, Tue $ 38.00
Sept. 9th, Wed $ 38.00 Sept. 23rd, Wed $ 38.00
Sept. 10th, Thu $ 38,00 Sept. 24th, Thu $ 38.00
Sept. 11 th, Fri $ 38,00 Sept. 25th, Fri $ 38.00
Sept. 14th, Mon $ 38.00 Sept. 28th, Mon $ 38.00
Sept. 15th, Tue $ 38.00 Sept. 29th, Tue $ 38.00
Sept. 16th, Wed, $ 38.00 Sept. 30th, Wed $ 38.00
Sept. 17th, Thu $ 38.00 Oct. 1 st, Thu $ 38.00
Sept,18th, Fri $ 38.00 Oct. 2nd, Fri $ 38.00
Sept. 21st, Mon $ 38.00 Oct. 5th, Mon $ 38,00
Sept. 22nd, Tue $ 38.00 Oct. 6th, Tue $ 38.00
Sept.23rd, Wed $ 38.00 Oct. 7th, Wed $ 38.00
Sept. 24th, Thu $ 38.00 Oct. 8th, Thu $ 38,00
Sept. 25th, Fri $ 38.00 Oct. 9th, Fri $ 38,00
Sept.28th, Mon $ 38.00 Oct. 12th, Mon $ 38.00
Sept. 29th, Tue $ 38.00 Oct. 13th, Tue $ 38.00
Sept.30th, Wed $ 38.00
Page 1 of 2
'.
June 11, 1993
Delray Beach Fire Dept. Headquarters
Generator #1 - Continued
Oct. 1st, Thu $ 38.00 -
Oct. 2nd, Fri $ 38.00
Oct. 5th, Mon $ 38.00
Oct. 6th, Tue $ 38.00
Oct. 7th, Wed $ 38,00
Oct. 8th, Thu $ 38.00
Oct. 9th, Fri $ 38.00
Oct. 12th, Mon $ 38.00
Oct. 13th, Tue $ 38.00
COST OF GENERATOR #1 $1,216.00 .
COST OF GENERATOR #2 $ 836.00
GAS & On.. - #1 & #2 $ 326.80
(Receipts Enclosed)
SUB TOTAL $2,378.80
10% OVERHEAD $ 237.88
TOTAL $2,616.68
you should hay any questions, please do not hesitate to contact me.
Sincerely, ( (
.
SAMIR NICHOLAS
VICE PRESIDENT
SN/du
Enclosure
Page 2 of2
-
.....,..... '... J .
, -
'. .
.
,
r'l:.~ S. I. NICHOLAS, INC.
,.' GENERAL CONTRACTORS
.. 1820 SOUTH FEDERAL. HwY.. SUITE S 11 · PoMPANO BlEACH. Fl. 33Oe2 . (30S) 786-2990 . FAX (30!5) 783-02Se
September 24, 1992
Currie Schnieder & Associates
25 Seabreeze
Delray Beach, FL 33483
Dear Jose:
Due to Hurricane Andrew, we have found i~ impossible
to get F.P.L. to commit on powering-up this job.
We cannot get our necessary temporary electric to
accomplish our construction sequence. F. P. L. Representative,
Roosevelt Wright has informed me that th~y have no poles, wire
or man power at this time, and can't give u~ a definitive date
when they will be able to service this job.
Our. option without electricity are 'to shut down until
we are provided the necessary electricity. or, to be compensated
by the City of Del~ay Beach for the use of (2) Generators and
gasoline I oil to run them.
The following will be the cost incurred ,.by S. I.
Nicholas to this:
Generator @ 38.001 day
Gasoline @ 20.001 day "
, Oil @ 2.001 day
Total 60.001 day
I'm hoping that you will be able to help us with this problem.
.
cc. Howard Wight
S~ 'i11-~/r~6
-
'.
EXHIBIT ''Bit
S~y OF CONTRACT CHANGES
Central Fire Station
Project 91-058
RFQ Change Explanation Cost Percent of
Order Original
Contract
---------------------------------------------------------------------------------------------------------------
CITY REQUESTED CHANGES
2 CO 1 City Requested - (Fire Dept) Installation ot conduit for Cable TV fram $1,609.36
property line to building, and from Detector Check to alarm panel.
3 CO 1 City Requested - (Fire Dept) Change in equipment in decontamination room; $3,378,24
fram gas clothes dryer to electric. Additional phone/computer receptacle
was requested in front lobby.
4 CO 1 City Requested - (Fire Dept) A pull box was requested thru Motorola for $2,414.04
the Tone-Alert system.
5 CO 1 City Requested - (Fire Dept) An additional fire hydrant was requested at $5,190.53
the corner of NW 5th Ave and Atlantic.
7 CO 2 City Requested - (Fire Dept) Install tone alarm speaker conduits and $5,462.66
other required material as requested by Fire Dept.
10 CO 2 City Requested - (MIS Dept) Install fibre optic pull-box and $5,549.46
associated underground conduits.
9 CO 2 City Requested - (Fire Dept) Install underground conduits provided $4,159.46
by Florida Power & Light for electrical power from a power pole
relocated off-site at the request of the Fire Dept to a transformer
on site.
13 CO 3 City Requested - (Parks Dept) Delete sod area around visitor $3,660.36
parking lot and substitute other landscaping material as indicated
on revised landscape drawings.
----------------------------------------------------------------- ----- -----------
Total $31,424.11 1. 98\
ENGINEERING CHANGES
6 CO 1 Engineering Design Change - Change in the _tal deck thickness due to a $1,721.97
misunderstanding between the supplier and Engineer during the design
phase.
1 CO 1 Engineering Design Change - Replace 800 amp Main Lug Open panel with $3,036.90
a 800 amp Main Circuit Breaker panel.
11 CO 3 Engineering Design Change - Upgrade underground liquid propane $3,741.00
tank for emergency generator from a 100 gal to a 500 gal as
required by gas company. Also provide 3" conduit under service
road for future use.
14 CO 3 Engineering Design Change - Install street address numbers to $141. 38
front entrance wall on Atlantic Ave.
----------------------------------------------------------------- ----- -----------
Total $8,641.25 0.54tl
"
-.... .....,-------~--_.,~....
lJNFORESEEN CONDITIONS
CO 3 Unforeseen Condition - Cost of using portable electric generators $2,802.46
at start of job due to FPL not being able to provide power after
Hurricane Andrew.
----------------------------------------------------------------- ----- -----------
Total $2,802.46 0.17\
Grand Total $42,867.82 2.69\
'.
_.~..._,- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGERt"0/1
6"
SUBJECT: AGENDA ITEM i tt~ - MEETING OF AUGUST 10, 1993
CHANGE ORDER NO. 3/DUTCH CONSTRUCTION COMPANY, INC,
DATE: August 6, 1993
This item is before you to consider a change order in the amount of
$23,722.70 to the contract with Dutch Construction Company, Inc. for
miscellaneous changes to the Veterans Park Redevelopment project.
Changes to the contract include:
-Install new plaques on north side of VFW monument,
-Rework structural braces on awnings at shuffle board courts.
-Rehabilitate Har-Tru surface at Lawn Bowling courts,
-Install 5" mounting plate to canopy at shuffleboard court,
-Remove additional buried concrete at landscape islands in
parking lot.
-Install irrigation to trees in playground areas,
-Delete 2" water meter for irrigation.
-Straighten treesj remove/replace sod damaged by FPL.
-Replace/repair curb and brick pavers damaged by FPL,
-Replace 2"x 3" disk bumper with 1" PVC at shuffleboard courts,
-Replace plant materials at south end of shuffleboard courts,
Detailed background material is attached as backup for this item.
Recommend approval of Change Order No. 3 in the amount of $23,722,70
to the contract with Dutch Construction Company, Inc. ; with funding
from 1992 Bond Anticipation Note - Veterans Park Redevelopment
(Account No. 227-4126-572-61.63),
0f-~ ~ r linn 4-3
~3 7d,;},7o
)
- 10 ~/O. 7/
)
-
~13) 5"'11 ,crq
---.
-
Memorandum
Date: August 6, 1993
To: David T Harden, City Manager
Thru: William H. Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
From: Howard Wight, Construction Mana~,-
Re: Veterans Park Update (91-49) ,
Substantial Completion for the Park, Community center and
Shuffleboard courts was July 27, 1993. The Parks Department has
been notified that these areas may be used.
The Lawn Bowling court will not be completed until after the
rehabilitation of the Har-Tru surface. This work is tentatively
scheduled for the week of 8/16/93 pending Commission approval of
Change Order #3 on 8/10/93.
Dutch Construction is currently working on the punchlist compiled
at the Substantial Inspection. Work on all areas including the
Lawn Bowling courts should be completed final by 8/20/93.
Attached is Change Order #3 to Dutch for miscellaneous additional
work. The total of the Change Order is an add off $24,202.70.
The scope of work has been reviewed with Joe Weldon and the items
are itemized with a description and justification for each. The
Change Order represents the remaining additional items to be
completed for this Project.
Also attached is a list of outstanding issues still remaining to
be negotiated/resolved with Dutch. It was our intent to include
these items on Change Order #3 but negotiations could not be
completed with Dutch. These will ultimately be accounted for in
one more final closeout Change Order. It will be a net deduct
change order. One of the items listed is the asphalt overlay of
the existing parking lot. Dutch is having a difficult time
getting a Subcontractor to do this work due to his current
financial status.
During the closeout there have been items requested by the Parks
Department which were not in the scope of work. Per Parks
Department request we have submitted a work request to Building
Maintenance to complete this work. These items are listed
separately on the attached.
FPL knocked over two Tababeu trees in their line relocation work
which Dutch has submitted a price for uprighting only. These may
'.
.
die in the future and may have to be replaced. The other FPL
damage is included on Change Order #3. Per the FPL agreement
they are not responsible for existing improvements. However,
under the circumstances of delays in performing the work and
their lack of "due care" in performing the work we feel they
should share in the responsibility of the repairs to the damage.
We have contacted FPL and are trying to resolve amicably.
However, in order to expedite completion of the Park and because
it is in integral part of their scope we have requested a price
from Dutch to do the work.
File: 91-490
CC: Joe Weldon, Director of Parks and Recreation
'.
~ CITY OF DELRAY BEACH
CBARGB ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 PROJECT NO. 91-049 DATE: Auaust 6. 1993
PROJECT TITLE: Veterans Park Redevelopment
TO CONTRACTOR:
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT ~ TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construct miscellaneous changes to project per attached Schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT S 440.059.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED S 55.315.52
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER S 494.374.52
COST OF CONSTRUCTION CHANGES THIS ORDER S 23.722.70
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER S 518.097.22
PER CENT INCREASE/DECREASE THIS CHANGE ORDER 5.5 ,
TOTAL PER CENT INCREASE/DECREASE TO DATE 18.1 ,
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT: TO AUGUST 20, 1993 FOR FINAL
COMPLETION
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate 1 that the prices quoted are fair and
reasonable.
for Dutch Construction Co., Inc.
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
FUNDS BUDGETED CODE: 227-4126-572-61.63
(/O&J- DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND : By:
Damvers C. Beatty, P.E. Thomas E. Lynch, Mayor Date
Asst. City Engineer
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
COTOC.KT
'.
.
Schedule "A"
change Order '3
Project Number: 91-49
Project Name: Veterans Park
Item Total Comments
No. Description
---------------------------------------------------------------------------------------------------------------------
1 Furnish and insta~l new plaques on north side of VFW $2,154.00 Arch Design Change - Existing plaques cannot be relocated
memorial monument;new plaques to be identical to plaques for new plaques including credit for not relocating existi
on south side of memorial plaques
2 Re-work structural braces on awnings at shuffle board $1,017.45 Arch.Design Change - As-built angle bracing impedes
courts to provide pedestrian access. pedestrian access to sidewalks
3 Rehabilitation of Har-Tru surface at Lawn Bowling courts $10,210.71 Unforeseen Condition - March "storm of the century"
due to excessive weathering from March storm. materi~l required for court refurbishing
4 Furnish and install 5" mounting plates to new canopy $270.00 Arch Design Change - Plates required to properly mount
lights at shuffleboard court awnings. fixtures to canopy
5 Remove additional buried concrete at landscape islands $998.54 Unforeseen Condition - Additional buried concrete was
in existing parking lot encountered in excavating landscaped islands located
in the existing parking area west of Veterans Park
6 Furnish and install irrigation to trees in playground $585.00 Arch Design Change - Irrigation for this area was not
areas. included in original Contract.
7 (Credit) - Delete 2" water meter for irrigation;existing ($240.00)Arch Design Change - New meter not required as existing
meter was utilized meter on-site was utilized
7 Straighten trees;remove/replace sod damaged by FPL $2,769.00 OWner Requested - Restoration/repair work required due to
concurrent work by FPL
9 Replace/repair curb and brick pavers damaged by FPL $2,027,00 OWner Requested - Restoration/repair work required due to
concurrent work by FPL
10 Replace 2" x 3" PT wood "disk bumper" at end of shuffle- $991.00 OWner Requested (Parks) - Request from players at Park
board courts with 1" PVC hose material
11 At new planter at south end of new shuffleboard courts $2,940.00 OWner Requested (Parks) - to reduce maintenance requiremen
replace sod with loriape plantings and mulch duplicate
of adjacent planter to the east
----------------
Total net add Change Order '3 $23,722,70
-----==------
-
( ; items still being negotiated with Contractor Est Amt
----------------------------------------------------- ---------------
1 (Credit) - Delete construction of retaining wall at bridge
for mounting of electrical services. ($8,OOO.OO)Wall is being deleted from Contract;DOT permit was
not issued in time for construction with this Contract
2 (Credit) - Delete construction of steel rack required for
mounting of electrical panels servicing bridge and boat. ($708.00)Delete steel rack and mounting on wall; all other work
has been completed per Contract
3 (Credit) - Delete parking lot overlay and restriping/stops($16,OOO.OO)Still in Contract; Dutch has not been able to get quote
from a Subcontractor to do this work due to his financial
position;ultimately City could credit Dutch Contract
and add to Hardrives overlay Contract
4 (Credit) - Palm trees provided have smaller clear trunk
than was specified due to availability ( )Credit has been requested;price will be reviewed with
Landscape Architect when received
Additional items being completed by Building Maintenance
----------------------------------------------------------
1 Repair "gaps" in existing wood curb around lawn bowling
courts
2 Provided screen/gravel in lawn bowling gutter to protect
PVC pipe drain from lawn bowling balls
3 Provide view window in new interior security door
installed at restroom hallway in Community Center
Potential long term item
----------------------------
I Replace two Tababeua trees hit by FPL;price in Change
Order is for straightening only
Additional item
-------------------
~ Lock/demolish existing restrooms next to lift station
(demolition is included with Lift Station demolition
next spring)
'.
-
Schedule B
Cumulative Change Order summary
Project No. : 91-49
Project Name: Veteran's Park
Item Change RFQ/ Cost Percent of
No, Order Description COR /I Original Contract
-------------------------------------------------------------------------------------------------------------------------
CITY REQUESTED CHANGES
------------------------------
2 1 Install security hook-up at recreation building new exterior
door. 5 $144.00
4 1 Storm drainage revision resulting in an additional 10' of
concr'ete pipe and field adjustments to manhole. 13 $1,125.00
6 1 Removal of existing panelling in hallway and repaint area, 7 $300.00
7 1 Installation of new retaining wall at bridge due to FPL
revisions in overhead power lines. 10 $9,200.00
8 1 Build and install steel rack on retaining wall for mounting
of electrical panels servicing bridge and boat. 12 $7,909.00
10 1 Cost of time delay due to inability to proceed with shuffle-
board courts; delays due to FPL line relocation and subsequent
tree relocation by City. 16 $6,334.00
11 1 Rehabilitation Har-tru surface on existing lawn bowling
courts to match new court surface. $3,104.00
12 1 Furnish and install new benches for shuffleboard courts $4,188.00
13 1 Delete landscaping and irrigation work north of existing
lawn bowling courts at NE 1st St (Alternate /11) ($859.00)
1 2 Electrical/phone service to relocated ticket booth for
Rambling Rose $643.00
2 2 Additional door at Community Center for after-hours Park access. $1,060.29
3 2 sanitary sewer s~rvice from Community Center for future
tie-in to new main. $5,328.23
2 Barricades/Traffic Maintenance for construction in parking lot
between the Park and Atlantic Plaza $1,500.00
2 Additional electrical service to booster station
from new FPL splice box $2,798.00
3 3 Rehabilitation of Har-Tru surface at lawn bowling courts
due to excessive weathering form March storm; net add. $10,210.71
----------- -----------------
Subtotal for City cumulative changes $52,985.23 12.0\
:11;::.-=:1:===__=_ =====:11;=_=========
----->-- '---..",--.--
,.
Schedule B
Cumulative Change Order summary
Project No. : 91-49
Project Name: Veteran's Park
Item Change RFQ/ Cost Percent of
No, Order Description COR It Original Contract
-------------------------------------------------------------------------------------------------------------------------
ARCHITECT/ENGINEER DESIGN CHANGES
-------------------------
1 1 Installation of a monolithic footing where sidewalk abuts
asphalt pavement at parking lot. 3 $607.00
3 1 Install precast concrete lintel at new door opening in
recreation building. 6 $294.00
5 1 Lawn bowling gutter detail revision as recommended by Nidy,
the lawn bowling contractor. 15 $4,000.00
14 1 Eliminate plant material west side of Community Center ($60.00)
15 1 Delete nosing on gazebo steps ($130.00)
16 1 Delete lower step to gazebo to meet finish grade elevations ($76,00)
17 1 Delete termite protection under sidewalks ($60.00)
18 1 Change new hallway hardware from knob to level type $88.00
19 1 Provide retaining wall at gazebo handicapped ramps $1,000.00
2 Add ground fault inteceptors for site lighting poles $578.00
2 3 Re-work structural braces on awnings at shuffle board
courts to provide pedestrian access. $1,017,45
4 3 Furnish and install 5" mounting plates to new canopy
lights at shuffleboard court awnings. $270.00
5 3 Furnish and install irrigation to trees in playground
area and around relocated ticket booth. $585.00
9 3 (Credit) - Delete 2" water meter for irrigation; an existing ($240.00)
meter was utilized.
-----------
Subtotal for Architect/Engineer Changes $7,873.45 1. 78\
=_=_==z____ ----=============
.
'.
-
Schedule B
Cumulative Change Order Summary
project No. : 91-49
Project Name: Veteran's Park
Item Change RFQ/ Cost Percent of
No. Order Description COR 1# Original Contract
-------------------------------------------------------------------------------------------------------------------------
UNFORESEEN CONDITIONS
------------------------------------------
9 1 Demuck building pad at gazebo/fill and compact per East
Coast Testing recommendations 14 $5,800.00
6 3 Remove buried concrete in new island planters in
parking lot $998.54
1 3 Furnish duplicate plaques for V.F.W. Memorial; to be
mounted on the north side of monument. $2,154.00
----------- -----------------
Subtotal for Unforeseen Conditions $8,952.54 2.0%
============= =================
=========== ====-============
TOTAL NET CUMULATIVE TBRU CHANGE ORDER 1#3 $69,811.22 15.87%
=========== =================
__._,.__n__. ~-,- -'. -----,--
'.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Bi'~
SUBJECT: AGENDA ITEM # < - MEETING OF AUGUST 10, 1993
APPOINTMENTS TO THE EDUCATION BOARD
DATE: AUGUST 6, 1993
The terms of Linda Cochran, Kathryn Sloan and Deborah Wright
expired on July 31, 1993, thereby creating three (3 ) vacancies on
the Education Board. All are eligible for and have expressed an
interest in being considered for appointment to an additional two
(2 ) year term ending July 31, 1995. Their applications and letters
of interest are attached for review. Ms. Cochran has attended 15
meetings during the period July 1, 1992, through June 7, 1993, with
5 absences. Ms. Sloan has attended 19 meetings during the same
period, with one absence. Ms. Wright has attended 16 meetings for
the period, with 4 absences.
At the July 27th Commission meeting, one of the vacancies was
filled by Robert Hayes on appointment by Mrs. Smith. Due to his
absence, Mayor Lynch's appointment was deferred to August 10, 1993,
and Mr. Randolph also deferred his appointment to the August 10th
regular meeting.
Per Code, liThe members of the Education Board shall be residents of
the City or shall be a person with a child or children attending
Delray Beach public schools, or shall own property in the city
and/or own or operate a business within the city. II It is the
further intent, if possible, that the membership of the Education
Board shall include individuals having a background in business,
real estate and/or education.
The following individuals have also submitted applications for
consideration:
Norma Bannoura Eugene Binkovitz
David I. Cohen Adele S. King
Nelson McDuffie Rosalind Murray
Marilyn Schneider Lawrence A. Siegel
Horace Waldman Reginald Williams
A check for municipal liens and code violations has been conducted.
Ms. Bannoura has one active code violation for non-conforming
landscaping, a copy of which is attached to her application.
The appointments will be made by Commissioner Randolph (Seat #4 )
and Mayor Lynch (Seat #5).
Recommend appointment of two members to the Education Board to
terms ending July 31, 1995.
ref:agmemo
'.
.
'.
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Jounice Jackson Hill-Parker
309 Southwest 15th Terrace (LEGAL n;is~~lNcRi)rlrn, F10rinrl ~~444
HOME ADDRESS (Street, City, Zip Code)
N/A
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (407) 272'-7724 BUSINESS PHONE N/A
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING All Boards
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
N/A
EDUCATIONAL QUALIFICATIONS Bachelor of Science Deqree in Business
Education (Florida A. and M. University)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Certification in Elementary Education and Reading
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Prllm Bp~ch County
School Board - Teacher (Retired June 15, 1992)
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Forty-one years in Bublic Education, which encompassed students in
grades first through twelfth; Classroom teacher (Thirty-seven years
of my forty-one years in Public Education); Human Relations
Specialist with the Palm Beach County School System, 1972-75.
Worked with all school personnel, parents and students in the South
Area schools during the height of the desegregation of the public schools.
PLEASE ATTACH A BRIEF RESUME.(Four of my forty-one years in pu-blic Education)
Resume is forthcoming
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~,~ i/1/r11.kJ Auaust 10, 1993
, SIGN URE DATE
4/90
.__....,._._,:_-_\---;&~~.- ^ . H':l "'"......""'".,'~,~~-,., - ...~~._-..~...._",.,- ._....~-
'.
.,
-
~. 3JI3 )qO
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Kathryn S. Sloan
502 Rye Lane, Delray Beach, FL 33444
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Kathi SUmra'll Realty, rnc. 822 E. Atlantic Ave, Delray Beach, FL 33483
PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code)
HOME PHONE 278-3175 BUSINESS PHONE 272-6700
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Education
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS
Atlantic Hi~h School, ~raduated 1985
Early Childhood Education De~ree, University of Geor~ia. 1990
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida Real Estate Salesman License
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Kathi Sumrall Realty, I nc . . Kathi Sumrall, Realtor/Associate
AGENCY EMPLOYER POSITION
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
My degree is in early childhood education. I did three months
of student teaching in Athens, Georgia and another three
mOl1'.:hs in London
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, A.~D I AGREE AJ.~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~&,~ ;:Y~ ;;;~ 7jZL
SIGNATURE
4/90
'.
~
-
--~,_..._"-~---..
-
KATHRYN S. SLOAN
PERSONAL BACKGROUND Lifetime resident of Delray Beach
Parents: John Nicholas and Rose Machek Sloan, III
Date of Birth: May 14 , 1967
EDUCATION Trinity Lutheran School, grades K-8
Atlantic Community High School, graduated 1985
University of Georgia, pending degree
, EMPLOYMENT
March 1990 to Kathi Sumrall Realty, Inc., Delray Beach, Florida
present position: Salesman
Feb. 1988 to
June 1989 Coldwell Banker Upchurch Realty, Athens, Georgia
position: Office Manager's Assistant
Summer 1986, 1987 Wee Care Day Care Center, Delray Beach, Florida
position: Assistant Classroom Teacher; infants,
Two year old, nursery
Christmas 1985, 1986 Rosella's Bakery, Delray Beach, Florida
and 1987 position: Baker's Assistant
ACCOMPLISHMENTS AND HONORS
Delray Beach Board of Realtors Member
January 1991 to Delray Beach Board of Realtors Committees:
present REALTOR/Lender Commitee
REALTOR/Attorney Committee
Civic Affairs Committee
Social Committee
January 199 I to Cason United Methodist Church Youth Co un's e lor
present .
Autumn, 1989 paticipant in C.O.S.T. program for overseas
student teaching, four months teaching in London,
England
1988 Listed in 1988 Edition of Outstandir.g Young Women
of America
1987-1989 Dean's List, University of Georgia
1985-1989 Campus View Church, Athens, Georgia Committeps
Social Coordinator - College Group
Childrenls Songtime Hour Coordinator and Teacher
Sunday School Teacher
1985 National Pen Women Scholarship
Miss Atlantic
Additional references available upon request
;
-
_._,.--...-~-_._--,
, , - -
-
,---------- --~
1
I
~
~S JUl22 '~A TH RYN SLOAN
1~ It 1!.5
70 t0~ -,// 4'7 C07?c.efA<.-: -
~
-/~~
&. c!'d~ ~ 11' ~ --. j
ef'~- -
/~ fo-e- r 7OUA..- C(Puuet!U4~,
~~O'~-
r -~-.._--
I
I,
L
.
.
.
'.
-
..., ------"'~--.,..."_.,--_.-
~
. ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .~
SUBJECT: AGENDA ITEM # ~f( - MEETING OF AUGUST 10, 1993
APPOINTMENTS TO THE PLANNING AND ZONING BOARD
DATE: AUGUST 5, 1993
As of August 31, 1993, there will be three (3) vacancies on the
Planning and Zoning Board due to the expiring terms of Jack Kellerman,
Mark Krall and Rita Naron. Mr. Kellerman does not wish to be
considered for reappointment. Mr. Krall and Ms. Naron are ineligible
for reappointment since they have now served two successive terms on
the board.
In order to qualify for appointment, a person shall either be a
resident of or own property in the City, and/or own a business within
the City. The term is for two (2) years, commencing September 1,
1993, and ending August 31, 1995. The list of applicants is attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. Norma Bannoura has one (1) active
code violation for non-conforming landscaping. Thomas Purdo has one
(1) active violation for non-conforming landscaping. Alvaro Vera has
one (1) outstanding violation for a nuisance abatement. Carolyn Young
has one (1) municipal lien. Copies are attached to the respective
applications.
The order of appointment will be as follows:
Commissioner Randolph (Seat #4)
Mayor Lynch (Seat #5)
Commissioner Smith (Seat #1)
Recommend appointment of three (3) members to the Planning and Zoning
Board to terms ending August 31, 1995.
ref:agmemo1
~
"
-
Appointments to the Planning and Zoning Board
City Commission Regular Meeting of August 10, 1993
The following persons have submitted applications for your review:
Donald Allgrove (has also applied for SPRAB and BOA)
J. Kent Atherton
John G. Bacarri (currently serving on Board of Adjustment; would
like to be considered for reappointment as well as appointment
to SPRAB)
Norma Bannoura (has also applied for BOA, SPRAB and Historic
Preservation Board)
Robin M. Bird (has also applied for SPRAB and BOA)
Fred Bonardi (has also applied for SPRAB and BOA)
David I. Cohen (has also applied for BOA, SPRAB and Historic
Preservation Board)
Helen Coopersmith
Kenneth J. Damian (has also applied for SPRAB)
Helene S. Egelman
Michael S. Eisenrod (has also applied for SPRAB)
Sharon Fowler (has also applied for SPRAB)
Daisy Mae Fulton
Randee J. Golder (currently serving on Housing Authority;
has also applied for SPRAB and BOA)
Sylvia Gwynn
Daniel P. Hess (has also applied for SPRAB and BCA)
Barbara Holden
James A. Johnson
Adele S. King
Leo Koppman (also applied for BOA)
'.
"
.
Harriet Lerman (also applied for SPRAB)
P. Michael Manning
Alberta McCarthy
Arthur J. Menor
Rosalind Murray (also applied for SPRAB, BOA, HPB)
steven Neubarth (also applied for SPRAB)
Sandra K. Norton
Thomas G. Purdo
Robert L. Puzey (also applied for SPRAB and BOA)
Richard L. Raab (currently serving on Code Enforcement Board)
Darrel D. Rippeteau (resides in the north during summer)
Barry E. Rubin (appointed to General Employees Retirement
Committee 7/27/93; also applied for HPB and BOA)
David W. Schmidt
Sidney S. Soloway
William Stone (currently serving on Code Enforcement Board)
Alvaro Vera (currently serving on Board of Adjustment with term
expiring 8/31/93 and is not eligible for reappointment)
Stanley Watsky
John Weaver (also applied for BOA and SPRAB)
William Wilsher (also applied for SPRAB)
Frank Wheat
Reginald L. Williams (also applied for BOA)
Deborah Wright
Carolyn L. Young
'.
"
PLANNING AND ZONING DEPARTMENT MEMORANDUM
~
TO: ALI~ON ~~'~TY CLERK
FROM: ~ ~ OVA S, ~TOR
DEPARTMENT OF PLANNING AND ZONING
DATE: JULY 26, 1993
SUBJECT: PLANNING AND ZONING BOARD
Here is some information regarding meeting obligations and
activities of the Planning and Zoning Board. This information
should be provided to applicants and the City Commission
Members.
Meetinq Schedule:
Regular Worksession .......... 2nd Monday evening.
Regular Business Meeting ..... 3rd Monday evening, when there
is a conflict with a holiday it is the 4th Monday.
Planning Worksession ......... 4th Thursday evening.
Evening meetings begin at 6:00 p.m. Worksessions usually last
until 8:30 or 9:00. Regular meetings normally are over by 9:00
but can run to 11:00 p.m.
Special Worksessions are concentrated in December, January and
February when the annual report, annual review of the
Comprehensive Plan, and revision of the 5-year schedule of
capital improvements occurs.
Activities:
Land Use Recommendations: Proposed amendments to the Future
Land Use Map, rezonings, and conditional uses have public
hearings before the Board. These items require specific
findings of Comprehensive Plan and regulation compliances.
Several such requests are controversial.
LDR Text Amendments: A growing emphasis . . . . this item takes a
lot of time, some analysis and study by Board Members. Some are
controversial. Some involve separate worksessions with special
interest groups. These meetings can be tedious at times.
.
'.
,.
To: Alison Harty, City Clerk
Re: Planning and Zoning Board Appointees
Page 2
Plan Amendments: Tedious work in review of specifics of text
changes. Often changes are backed by reports which are to be
read. Many are policy directed. Requires considerable thought
about long term implications.,
Review of Specific Area Plan: A growing item . . . . members need
to read, review, digest, hold hearings, and make recommendations
as to contents and directions of plans prepared for
neighborhoods and redevelopment areas e.g. Banker's Row Master
Plan, Silver Terrace Redevelopment Plan and more.
Assignments to Special Committees: A growing emphasis . . . .
members have participated as official representatives to the
Neighborhoods Task Team, the Parking Management Team, and the
VISIONS West Atlantic project over the past year. Participation
in the CBD-GAE workshop and the Tennis Facility Saturday design
workshop was encouraged. Participants report to the Board
regarding the committee work or special workshops.
DJK/dlm
DJK/PZQUAL_DOC
'.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME DAISY MAE FUL'IDN
7.gAA ffiT.PHTN ORTVF. om.RAY RF'ArH F'T, 11L1L1c;
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
22455 BOCA RIO ROAD, BOCA RATON, FL 33433
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407-276-4752 BUSINESS PHONE 407-SA1-S100
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING PT,MJT\TTNr. ANn '7.()T\JT1\Tr. W)Mm
LIST ALL CITY, BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
VISI<iilsWEST ATlANTIC AVE. (currently serving)
('ARVRR MTnl1T.F- ~T. 'l'A~l( ')IF-AM (1 QQ1 ) , T\TF.Tc:HPl)RHmO 'l'A~l( 'T'F.AM (1 qq?-1 qq1) ,
EDUCATIONAL QUALIFICATIONS ~A'T'F. APAR'T'MFN'r TNC>>JTTVF. PR(X.;RA~C; (~ATT.), RF.GT~TERED
AP21R'n\IfF.T\T'l' MAT\TAr.F.R~ rF.R'l' (RAM). (TIT]) m21~ ~rHmT. OF' RF-AT. ~A'T'F. ("'F.R<J'
FIDRIDA HOUSING FINANCE AGENCY (TAX Qill)IT PROGRAM), BUSINESS EDUCATION MAJOR
_ IBM MANAGEMENI' TRAINING (15 years on-going courses)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
PRTNrTPT.R~ ANn PR21~TrF..C: OF' RF'AT. R<:;'1'A'T'F. (T)(JR~F- 11 c:F.R'T'
REX3ISTERED APARTMENT MANAGERS CERT.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ELIZABETH H FAULK
FOUNDATION, INC. CENTER FUR GROUP COUNSELING, PRCX;RAMS AOOINISTRA'IOR
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
NEI~DS:ll'ASK TFR-t' PROVIDlIDINSIGHT '10 THE CITY cn.1PREHENSIVE PLAN, JH)AI)
.
BACKGROUND OF PROFESSIOOAL ~RK EXPERIENCES, LONG TIME RESIDENT OF DELRAY
40+ YEARS, F.XC'F.T.r .FNT' PEDPLE AND c:x:M1UNICATION SKIILS, INl'ERFSI' IN EXX>Na1IC
DEVEWPMENT, ENVIRONMENTAL AFFAIRS AND URBAN SAFETY AND IMPROVEMENl'.
PLEASE ATTACH A BRIEF RESUME. '
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE,
.J
Ii- !, {J,.1 .
; , /l? . .' -' i Tr /' . - ,
~...(.J/j, ',_ 'c '1 ~ ,_(,. ;roiL.- ~ I ') / '-/ .}
/ SIGNATURE DATE
4/90
., "I."
'.
DAISY M. FUL'lm
2988 OOLPHIN IIUVE
DELRAY BEACH, FL 33445
(407) 276-4752
~oo: BETHUNE-ax:>KMAN COLLEX:;E
MAJOR: BUSINESS
CDNTINUOUS CXXJRSES
PEDPLE MANAGEMENI' TRAINING
SPECIAL Supervisor, Management, Trainer, Volunteer Organizer,
SKILLS : Group Counselor
~ EXPERIFlCE:
1992 - Present PRCX;RAMS ACt>ITNIS'ffiA'IDR
Center For Group Counseling, Boca Raton, FL
Assist Program Directors in administering Center
programs. Responsible for the Broward Juvenile
Detention Center Program, Center Play Therapy
Program, Schools Prevention Counseling Program,
and Senior Adult Group Experiences Program. Assist
in the implementation of new programs. Also assist
in grants writing.
1991 - 1992 ~~
Palm Glades Girl Scout Couqcil, Inc. Lake Worth, FL
Responsible For Overall Planning and Coordination of a
Grant Funded School's Out Program. Supervision of Staff,
Planned and Led Activities for 525 Youth and Insured Safety
and Well-Being of All Children. Maintained Budgetary Re-
quirements. Provided Weekly Statistical Program Data.
Facilitated Parental Involvement in Volunteer Leadership.
1989 - 1991 ~~~
Auburn Trace Apartments, Delray Beach, FL
Managed 256 Affordable Housing Ccmnunity, Fran Lease-Up.
Worked with Residents/Families, United States Department
of Housing and Urban Developnent, City of Delray Beach,
and Property Investors.
1973 - 1988 PROClJRDHfl'/PUtNS & <DnKJL MAN11GER
International Business Machines, Corp., Boca Raton, FL
Supervised Department in Daily Work-Load. Hired New
Employees, Trained, and Conducted Quarterly Employee
Evaluations. Maintained High Morale Index.
'.
,.
DAISY M. FUL'Kfi P.AGE 2
VOI1JNl'EFBI DEmAY ROCKS Ya1l1I RXJmM.L moGRAM & a~
C1\REER RELATFDI outreach to Youth Ages 8 to 1 6, Trained in Team Play.
EXPERIEKE:
Yaml/YUH; 1\WLT MINISIRY
Baptist Church, Delray Beach, FL
Planning and Running Events, Leading Studies, Group
Games, Family Homecoming Activities, Counseling.
'IUll\Y' S YO.JR; LADIES ~IVE cum, 'IRI-CITY (!{G.
OUtreach to High School Graduating Seniors m. ClAY'lm
L. rnLEMl\N &:HJLARSHIP. Roots Cultural Festival YamI
IN ACTIm Ages 3 to 18.
CITY OF DEmAY BEAaI
AI=POinted by Mayor and City Cannissioners, Neighborhood
Task Team and Carver MicHIe School Task Team Member,
VISIONS West Atlantic Ave. .
DElm\Y BEAaI ~ LEAGUE
Voters Registration and Community Service
PJ\Uot BEACH <DJRrY SCRXJL DIS'lRIcr
Plumosa Elementary Elementary School, Pl'A PRE5IDENr
Carver Middle School, PARENr ADVI&RY RlARD ~
Atlantic High School, PARENr NJllISJ{Y IDARD ~
lOO\ROO/lDUlS: o IBM MANAGER'S EXCELLENCE AWARD
o IBM CLUB DIRECroR
o sr. PAUL AME a:M1UNITY AWARD
o PHI BETA SIG1A FRATERNITY, INC., CITIzm (F "DIE YFAR
-
,. ",I.
,.
'0 - r v
. w.. J..-d-
CITY OF DELRAY BEACH
· BOARD MEMBER APPLICATION
Randee J. Golder
NAME 1
462 S.W. 27th Ave~Delray Beach 33445
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
1177 N.E. 8th St., Suite 407, Delray Beach 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
---- _.
278-4675 265-2666
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CAB, BOA, CSB, P&Z, HRC
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) HRC (term expires 3/15/90)
EDUCATIONAL QUALIFICATIONS B .A._ and B. S. H.:' from FAU both awarded in
1979; J.D. from Nova Law Center awarded in 1984
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Florida Bar , Sout..:~..?..?J..E1_ Beach County Bar, Eleventh CiEEuit Court 0 f
__~~~s Bar, Federal Bar, Feder..?l Trial Bar
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Michael S. qeiner & Assocs., P.A. -- attorney
.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Law practice consists of real estate oriented litigation
and criminal defense. I ~ve also served on the Old School ~re Board
of Directors and on the Legis1ati"y_e__AfJairs Committee of thecnamber of
Commerce
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MA TERIAL FACTS CONTAINED IN THIS A P-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~;''iODATE-------
It "..,
..
RESUME
Randee J. Golder Home: (407) 287-4675
462 S. w. 27th Avenue Work: (407) 265-2666
Delray Beach, FL 33445
EDUCATION
LAW: Nova University Center for the Study of Law
Ft. Lauderdale, Florida - Juris Doctor, GPA 2.92 (Upper 17%)
Graduation: December 1983
Distinctions:
American Jurisprudence Book Award - Civil Procedure I
Dean's List, Fall 1381 and Fall 1983
Silver Tongue Award, 1st Year Moot ~ourt Competition
Moot Court Society Board of Directors, Fall 1982
National Mock Trial Competition Team, Spring 1983
UNDERGRADUATE:
Florida Atlantic University, Boca Rat9n, Florida
Degrees: B.A., B.S.M.T., both granted in 1979
Maj ors : Chemistry, Medical Technology
Activities: Student Body Senator, Chairperson of Rules and
Policies Committee; Florida Student Association, lobbyist
Rollins College, Winter Park, Florida (attended 8/74-12/75)
EMPLOYMENT
Michael S. Weiner & Associates, P. A.
Delray Beach, Florida
Attorney
November 1987 - Present
Federal Public Defender's Office
Miami, Ft. Lauderdale, West Palm Beach, Florida
Assistant Federal Public Defender
September 1985 - November 1987
Dade State Attorney's Office
Miami, Florida
Assistant State Attorney
March 1984 - September 1985
Palm Beach State Attorney's Office
Delray Beach, West Palm Beach, Florida
Certified Legal Intern
June 1983 - December 1983
Malin & Haley, P. A. (Patent Attorneys)
Ft. Lauderdale, Florida
Law Clerk
June 1982 - June 1983
'. ,,"
Humana Hospital South Broward
Hallandale, Florida
Medical Technologist
April 1981 - January 1984
PROFESSIONAL ASSOCIATIONS
Florida Bar
Federal Bar, Southern District of Florida
Federal Trial Bar, Southern District of Florida
Eleventh Circuit Court of Appeals Bar
National Association of Criminal Defense Lawyers
South Palm Beach County Bar
CIVIC ACTIVITIES
Director; Old School Square, Inc. (non-profit corporation)
1988 - present
Visions 2000, 1989
Co-Chairman, Delray Beach street Auction
Legal Counsel for Old School Square, Inc.
Legal Counsel for Pineapple Grove Support Group, Inc.
Member of Morikami Museum
Human Relations Committee, City of Delray Beach
Legislative Affairs Committee, Delray Beach Chamber of Commerce
Director, United Property Owners
-
~ .
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~-- M.f-8/1-r
NAME j- /2. d/l/l<:-
/J-Jcj<;," ~, (J///J.ll5"f PL//'J./). 8'i.rA.,lI"L"A.. &-:/k.-1 H 53~?~'
HOME ADDRESS (Street, City, Zip Code) (LEGAL ESIDENCE)
/UcJ fJ E/4f/- /l/L~Fd ~,~ ,J)EL-/Z.,-9v p~/k:~ /-L 3'37'83
PRINCIPAL BUSINESS ADDRESS (Street, City~ Zip Code) /
HOME PHONE 41 tf 7- 7"3 ? ? Cc:'v BUSINESS PHONE -Yt:J 7 - ~ 7 (.9 - ;z.c ..2(.~
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~',~v t?, ,I) ~ /l
/
Ii..,'t-/Y Mt'/W t- ~ 2///Ut'/~ i-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTL Y SERVING OR HAVE PREVIOUSLY'
SERVED (Please include date.)
J)j} P.
EDUCATIONAL QUALIFICATIONS C'C/~L~?L3' - &" 5/A.,~-Yf )1,17 /Yf / ~ -
IJ.c C C/ i/ A.t' /"/ ~ t:-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
IZ~A-(, E('rA-r~ 8 /2-/:I"L~~ (oJ):;,n /, r-/"';;L) ilL; {"I DbAr'-/~~ ~~. /"I.l,?'.5./-
/ GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
'(: ~~~pA.r;V ~ Lt/>LGa..~ L;r ~ /2~#~/C}/'zf' - &~FA'C=-...<'
r/:2 / ..ILl L-L /:
I' / DESCRIBE EXPERIENCES. SIlLLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ,,-' . . ,.
(:J.t n-..../~~?'d~.. ,~~.~~,;;;,<;: - 11:/; ;-/ P,t-;/I,d- (9,( .{j l,~ /3/J /t/:!./J
CJ ;= O/fZ,GChf~ $";'/t~ L~ ~f/1/ L Ii ~ p /tJCJ
-
"" ..~.
PLEASE ATTACH A BRIEr RESUME.
r HEREBY CERTIFY THAT .ALL THE ABOVE STATEMENTS ARE nUE. AND r AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT or MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFElTUlI UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
? eGHA~-/c- /- ;2/-~J
DATE
4/90
'.
..
PERSONAL RESUME
FRANKLIN D. WHEAT, 12195 SOUTH DUNES ROAD, BOYNTON BEACH, FL. 33436
DATE ~F BIRTH: JUNE 18, 1937
SPOUSES NAME: ARLENE D. WHEAT
CHILDREN: TROY DAVID, 21 (STUDENT UNIVERSITY OF SOUTH FLORIDA)
TARYN DYAN, 20 (STUDENT TEXAS CHRISTIAN UNIVERSITY)
EDUCATION: FLORIDA SOUTHERN COLLEGE, 1958-1961,
BS DEGREE ACCOUNTING/BUSINESS ADMINISTRATION
PROFESSIONAL EDUCATION: GRADUATE REALTORS INSTITUTE,
CERTIFIED REAL ES~ATE SPECIALIST, CERTIFIED REAL ESTATE
APPRAISER.
PROFESSIONAL ORGANIZATION MEMBERSHIP: DELRAY BEACH BOARD OF
REALTORS, NATIONAL ASSOCIATION OF REALTORS, NATIONAL
ASSOCIATION OF REAL ESTATE APPRAISERS.
CIVIC AND COMMUNITY ORGANIZATIONS: BOARD OF DIRECTORS DELRAY
DUNES GOLF & COUNTRY CLUB, DIRECTOR AND AREA CHAIRMAN
COMMUNITY CHEST OF DELRAY BEACH (1976-1987),LIEUTENANT
GOVERNOR DIVISION #14 KIWANIS CLUB OF FLORIDA (1981-
1982), PRESIDENT KIWANIS CLUB OF DELRAY BEACH (1980-
1981, PRESIDENT DELRAY BEACH CHAMBER OF COMMERCE (1986-
1987), CHAIRMAN LEGISLATIVE AFFAIRS DELRAY BEACH CHAMBER
OF COMMERCE (1987-1988), PRESIDENT ELECT UNITED WAY OF
SOUTH PALM BEACH COUNTY (1987-1988), PRESIDENT UNITED
WAY OF SOUTH PALM BEACH COUNTY (1988-1989), DELRAY DUNES
BETHESDA HOSPITAL PRO-AM INVITATIONAL GOLF TOURNAMENT
(CO-CHAIRMAN & COMMITTEE CHAIRMAN 1975-1992)
. AWARDS:
DELRAY BEACH CHAMBER OF COMMERCE PRESIDENTS
BUSINESSMAN OF THE YEAR (1988),
DELRAY BEACH KIWANIS CLUB LIFE FELLOW AWARD (1981)
ACTIVITIES:
GOLF, TENNIS, COMPUTERS
'. .."
BUSINESS INFORMATION:
1989-PRESENT: PARTNER, GRINGLE, DOHERTY, and WHEAT, INC. ,
REALTORS, 1008 EAST ATLANTIC AVENUE, DELRAY BEACH, FL.
1983-1989: OWNER, FRANKLIN D. WHEAT, INC., REAL ESTATE
BROKER, CERTIFIED REAL ESTATE APPRAISER, GENERAL
INSURANCE AGENT, OFFICE LOCATED AT 15 SOUTHEAST SIXTH
AVENUE, DELRAY BEACH, FLORIDA.
1974-1983: REALTOR ASSOCIATE, GRINGLE & DOHERTY, INC.
REALTORS, DELRAY BEACH, FLORIDA
1972-1974: REAL ESTATE SALES, DELRAY DUNES & QUAIL RIDGE
DEVELOPMENTS, BOYNTON BEACH, FL.
1967-1972: OWNER, THE END ZONE COCKTAIL LOUNGE & RESTAURANT,
KANSAS CITY, MO.; PUBLIC RELATIONS, KANSAS CITY CHIEFS
FOOTBALL CLUB, KANSAS CITY, MO.
1967 INTERNATIONAL BUSINESS MACHINES, OFFICE PRODUCTS SALES,
KANSAS CITY, MO.
1965-1967: SALES & PLANT MANAGEMENT, BOTSFORD READY MIX CO.,
KANSAS CITY & ST. LOUIS, MO.; GRANITE CITY, ILL.
1961-1965: COMMISSIONED OFFICER, UNITED STATES MARINE CORPS,
OBTAINED RANK OF CAPTAIN, INFANTRY OFFICER, INTELLIGENCE
OFFICER, COMPLETED INTELLIGENCE SCHOOL, FORT HOLIBIRD,MD
1958-1961: UNDERGRADUATE STUDIES, FLORIDA SOUTHERN COLLEGE,
LAKELAND, FL., BS. ACCOUNTING
1956-1958: DRAFTSMAN & PRODUCTION COORDINATOR, WESTINGHOUSE
AIR ARM DIVISION, BALTIMORE, MD.
1955-1956: UNDERGRADUATE STUDIES, UNIVERSITY OF MARYLAND,
COLLEGE PARK, MD.
,.
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # qL - MEETING OF AUGUST 10, 1993
APPOINTMENTS TO SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: AUGUST 5, 1993
As of August 31, 1993, there will be three (3 ) vacancies on the
Site plan Review and Appearance Board due to the expiring terms of
L. Thomas LaSalle (layperson) , Mark Marsh (architect) and Rett
Talbot (layperson) . Dr. LaSalle is eligible for and would like to
be considered for reappointment. Mr. Marsh and Mr. Talbot are
ineligible for reappointment since they have now served two
successive terms on the board.
In order to qualify for appointment, a person shall either be a
resident of or own property in the City, and/or own a business
within the City. In addition, one regular member of the board
shall be a registered architect, one member shall be a landscape
architect or a person with expertise in landscaping or
horticulture, and one member shall be either a registered architect
or a registered professional civil engineer. For the subject
appointments, the Commission will be appointing one registered
architect or civil engineer and two laypersons. The term is for
two (2 ) year s, commencing September 1, 1993, and ending August 31,
1995. The list of applicants is attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. Norma Bannoura has one (1 )
active code violation for non-conforming landscaping, a copy of
which is attached to her application.
The order of appointment will be as follows:
Commissioner Alperin (Seat #2) - layperson appointment
Commissioner Ellingsworth (Seat #3) - architect/civil engineer
Commissioner Randolph (Seat #4) - layperson
Recommend appointment of three ( 3) members to the Site plan Review
and Appearance Board to terms ending August 31, 1995.
ref:agmem02
'.
.
Appointments to the Site Plan Review and Appearance Board
City Commission Regular Meeting of August 10, 1993
The following persons have submitted applications for your review.
Please note the names are divided into the categories of architect,
civil engineer, and layperson.
Applicants for architect position:
John G. Bacarri (currently serving on Board of Adjustment;
would like to be considered for reappointment as well as
appointment to SPRAB)
Richard Brautigan (has also applied for HPB, BOA and BCA)
Applicants for civil engineer position:
Joseph Pike (has also applied for BOA and BCA)
Richard Sheremeta (presently serving on Board of Construction
Appeals)
Applicants for layperson positions:
Donald C. Allgrove (also applied for P&Z and BOA)
Patty Miller Andrews
Norma Bannoura (has also applied for P&Z, BOA and HPB)
Robin M. Bird (has also applied for P&Z and BOA)
David Bodker (landscape architect)
Fred Bonardi (has also applied for P&Z and BOA)
Robert Brewer
Ralph Cantin (architect and civil engineer, but not
registered)
David I. Cohen (has applied to all boards)
Kenneth J. Damian (has also applied for P&Z)
Mark David
Michael S. Eisenrod (has also applied for P&Z)
Sharon Fowler (has also applied for P&Z)
Randee J. Golder (currently serving on Housing Authority;
has also applied for P&Z and BOA)
.
Daniel P. Hess (has also applied for P&Z and BCA)
Richard Kheel
L. Thomas LaSalle ( incumbent)
Cheryl L. Lee-Bennett (has also applied for BOA)
Harriet Lerman (also applied for P&Z)
Mark D. Little (has also applied for BCA)
Dolores McCurdy
Rosalind Murray (also applied for P&Z, BOA, HPB)
Steven Neubarth (also applied for P&Z)
Robert L. Puzey (also applied for P&Z and BOA)
Mildred Scherer
Thuy Shutt (architect - registration pending; has also applied
for Historic Preservation Board)
Lawrence A. Siegel (has also applied for HPB)
Desiree L. Snyder
William Stone (currently serving on Code Enforcement Board)
Chris Stray
John Weaver (also applied for BOA and P&Z)
William Wilsher (landscape architect; also applied for P&Z)
'.
'.
.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
..--
TO: G ~~RTY, CITY CLERI<
THRU: ~ . I?~ DIRECTOR
DEPARTMENT OF PLANNING AND ZONING.
JANET MEEKS, / '
FROM: SENIOR PLANNER
DATE: JULY 21, 1993
SUBJ,ECT : SITE PLAN REVIEW AND APPEARANCE BOARD
Below is a brief description and information regarding meeting
obligations and activities of the Site Plan Review and
Appearance Board.
Meetinq schedule:
Regular Business Meetings are every other Wednesday evening.
Evening meetings begin at 6:30 p.m. , and generally run to 9:00
p.m. . Some meetings can run to 11:00 p.m.
The Board reviews signs and modifications to architectural
elevations between 6:30 p.m. and 7:00 p.m. Project plan review
begins at 7:00 p.m. until completed. At the end of each meeting
the Board discusses project plans which are scheduled for the
following meeting, as well as any other issues brought up by
members or staff.
Activities:
Signs: Approval of signs which do not meet the intent of the
code. Approval of master sign programs, and blanket approvals.
Architectural Elevations: Approval of color changes on
commercial buildings, addition of awnings, and various facade
changes. Requires some knowledge of building materials, and
understanding of basic design concepts. Architectural
elevations may be associated with site and development plans.
Site and Development Plan Approval: This includes new
development, as well as site plan modifications (minor or
major) . This item takes some analysis, and study by Board
members. Requires general understanding of design principles
along with being able to read blueprints. Site plans require
specific findings of the Comprehensive Plan, and LDR compliance.
Some requests are controversial.
Landscape Plans: Approval of landscape plans associated with
site plan submissions. Requires general knowledge of plant
materials.
'.
'.
P&Z Memorandum
SPRAB Duties and Attendance Record
Page 2
ATTENDENCE REPORT:
The following is a report of Site Plan Review and Appearance
Board Member attendance over the past ten months (9/92 through
6/93)
Members eliqible for re-appointment in Auqust, 1993:
(meetings attended/total meetings/percentage)
Tom LaSalle 21/24 88%
Members with continuinq terms:
Rick Mouw 17/20 83% *
* Member's term started 10/1/92
Jess Sowards 20/24 83%
Gene Fisher 21/24 88%
Debra Oster 22/24 92%
Members NOT eliqible for re-appointment:
Mark Marsh 22/24 92%
Rettig Talbot 20/24 83%
-
'.
"
CITY OF DELRAY BEACH fJf 'i/.1/-q I
BOARD MEMBER APPLICATION
NAME lO-~al/e ') L Co Y1 l1o~a ~
.
Rhoc/p ') ^ ;--.. ,
/003 lI, ( fez LCUVl-' De I r-c.. 33~6]
HOME ADDRE~S (Screet, City, Zip Code) (LE AL RESIDENC
reil(fcA
PRINCIPAL BUSINESS ADDRESS (Screet, CiCy, Zip Code)
HOME PHONE c2. 7,;) - / R ~ G BUSINESS PHONE
ON WHAT BOARDS ARE YOU I~TERESTE? IN SERVING PI 6. 1/\ VI" ~ 1 ...t- Zo\\ I VI ~-l I
S 1 +edc....<. ..... R e.. V I e W ) Ci:> i1A W1 Lt ., 17'1 ~e 01 p vt!(C-rf'.-{(:....~-/
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
.
EDUCATIONAL QUALIFICATIOtlS B.S. U'vll\.) , of ,/l1, a ~ 11 I C(L/ q .~) u. VI " II
G~N6rt~ Cv:(O/IV\4 j),j),c; ;qs-<-;, ;t1S0. ;951
I
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
D,)J,5,
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Se(~ e ~""- p ! CJ Lf CJ tY
C-rTA odovtT'- ~T uvl. I
.. 0 'S: ,9ql
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOD' f r J1a V'1r;:V ~V;Y1f 5 -i-Loc,'^-. I <J'<6'5' - ~ I~C!
I \,1'E>c or PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
v!Tt~ !?-.27r- 1/
SIGNATURE DATE ,
4/90
'.
,.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
.
~AME Richard W. SbeJ:emeta
900 Gardenia Dr., Delray Beach, F'L 33483
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
101' S.E. 6th Ave.. Delray Beach, F'L 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 265-1576 BUSINESS PHONE 276-7300
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Board of Construction ~l~: S.P.R.A.B.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTL Y SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Boan1 of Construction AJ1pPAl ~: Code EnfOL~.d1t
EDUCATIONAL QUALIFICATIONS See Resure
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Licensed professional engineer
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Sheraleta Associates. me.. President
DESCRIBE ~XPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Practicing civil engineer
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND T ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION Y CAU ORF RE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
7/29/92
DATE
4/90
'. o.,..j
'.
.
RICHARD W. SHEREHETA, P.E., PRESIDEIIT
As Principal of Sheremeta Associates, Inc. , Mr, Sheremeta's
qualifications include an extensive background in site development,
site engineering, contract administration, project management, and
construction supervision.
ACADEMIC CREDENTIALS:
Bachelor of Science Engineering - Union College, Schenectady, New
York, 1970,
Master of Engineering (Environmental Engineering) - Rensselaer
Polytechnic Institute, Troy, New York, 1976.
Registered Professional Engineer States of New York, Florida, North
Carolina, South Carolina and Georgia.
SOCIETY MEMBERSHIP:
National Society of Professional Engineers/Florida Engineering
Society
American Society of Civil Engineers
American Water Works Association
American Water Pollution Control Federation
TAU BETA PE Engineering Society
CHI EPSILION Engineering Society
PREVIOUS EMPLOYMENT:
Southeastern Architects, Engineers, Planners, Inc. , Boca Raton,
Florida - Vice President and Director of Civil Engineering,
Arthur V. Strock & Associates, Deerfield Beach, Florida - Senior
Project Engineer.
City of Boca Raton, Florida - Utilities Engineer.
Broward County Environmental Quality Control Board, Florida -
Senior Engineer.
Smith & Mahoney Consulting Engineers, Albany, New York - Senior
Project Engineer.
Albany County Department of Health, Albany, New York - Assistant
Public Health Engineer.
'.
"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME JO~N WEA"~r:z
~1O ..JASMINe. DRive. Ve~t ~t:J fi. ~34~~
HOME ADDRESS (Street. Ci~y. Zip ode) (LEGAL RESIDENCE)
3\0 ~. r:;, I?I -?T~-Er I ~lJlre4 Pl::LRAi ~jj, FL. ~:?403
PRINCIPAL BUSINESS ADDRESS' (Street. City. Zip Code) I
HOME PHONE (4tn ) 2.7&. 70&4 BUSINESS PHONE (4(n) 243, B700
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING 8.-ANN/N!"1 AN-D ZON l~ .
,
?/Te PLAN tzE.V1EW. BoA~D of ADJ~MeNr-
,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
NoNE
EDUCATIONAL QUALIFICATIONS
, PU~"Srft"b~ ~'GI-f ~+OIJL 1C1&Q
_~ J:;(2w.JAJZv CoMIV\llNfT-'{ UJIAPM:. IQ70. srlJl7I~-? IN A~lrEc.TvRE.... Et.J~lNF-ERIN~ ,AtoJD
l"4o pe~) 5uR"€'(ltJld2
L:ST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
.f~r-E~IONAL LANVIJI1/iNe:fIlr< UCf':J-JSE / ReALfOCZ. A~~I.A:re.. L-IC~8
GiVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
t+Eu..e~. WEAVE}{ ANC7 CAra. It-JC, , ENGINeER~ AND htJ~eY()f(h , PrZ66/DF-fo..Jr
I DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
...tkOF=e?7\ Or-JAL. ~ACIC6f00No ANI' PII(ECl E)(F'er(lF-NCi:: Wlrl+ me VeveLOPtv\ENT
A'tJD/ or<: Re DelELPPN\eNr OF ruE foU1M/lN(i, PF<:ol~T6: IENN1~ 0eN1"""e.R,
. I
ClJ,e~le CoMMbNI, PA-~K. MilLe" rA~K, ALU:Y I MY'RDVeM~N1 rkohr<AM ANi)
f ,r ~ WIN iON BEb..\J11f'lCAlION
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRU E . AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MA C USE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
JlJl~ 1/1, Iq~?
DATE
'.
, ,
RESUME
JOHN D. WEA VE~ P.L.S.
910 Jasmine Drive
Delray Beach, FL 33483
Resident of Delray Beach since 1975. Married to Debi Weaver, President of Tropic Isle Civic
Association. Daughter Melissa, student at Palm Beach Junior College, Boca Raton campus.
Education:
Broward Community College 1970 - Studies in Architecture, Engineering and Surveying
Professional Registrations:
Professional Land Surveyor, Florida, No. 3550
Division of Real Estate, Salesperson. Florida, No. 483294
Work Experience:
1980 - Present President, Heller-Weaver and Cato, Inc. a professional engineering,
surveying and mapping consulting firm located in the downtown area of Delray Beach,
Responsibilities include business and personnel management as well as technical supervision and
project management of residential, commercial and governmental related projects.
1969 - 1979 Vice President, Keystone Engineering, Inc., responsibilities included
management in the preparation and processing of subdivisionlboundary plats, site plans, surveys
and site engineering plans.
Professional AftUiations:
Florida Society of Professional Land Surveyors (FSPLS)
Broward Chapter FSPLS, Past President
Boca Raton Association of Realtors, Inc.
Arvida Realty Sales, Ltd. Realtor-Associate
Community and Civic Afraliations:
Sunrise Kiwanis of Delray Beach
Gulf Stream Republican Club
Central Palm Beach County Chamber, Board Member 1989-1991
Leadership Palm Beach Co~ty, Graduate 1990-91 Class
Delray Beach Citizens Police Academy, Graduate 1992 Class
Old School Square
Prepared July 23, 1993
.. ".>
'.
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 5Jv1
SUBJECT: AGENDA ITEM # - MEETING OF AUGUST 10, 1993
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD
DATE: AUGUST 5, 1993
As of August 31, 1993, there will be three (3 ) vacancies on the
Historic Preservation Board due to the expiring terms of Pat
Healy-Golembe, Cecil "Sandy" Jamison and Rose Sloan. Ms.
Healy-Golembe and Ms. Sloan are ineligible for reappointment since
they have now served two successive terms on the board. Mr.
Jamison is eligible and would like to be considered for
reappointment. He has attended 30 meetings, with two absences,
since his initial appointment to the board.
To qualify for appointment, a person shall either be a resident of
or own property in the City, and/or own a business within the City.
Also, they shall have knowledge, experience, judgment and
background, with personal or professional interest or experience in
historic restoration and preservation. They will have the ability
and desire to act in the public interest and represent, insofar as
possible, the various personal and professional interests required
to make informed and equitable decisions concerning the
preservation, conservation and protection of historic districts and
structures. The term is for two (2 ) years, commencing September 1,
1993, and ending August 31, 1995. The list of applicants is
attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. Norma Bannoura has one (1)
active code violation for non-conforming landscaping. A copy is
attached to her application.
The order of appointment will be as follows:
Commissioner Randolph (Seat #4)
Mayor Lynch (Seat #5)
Commissioner Smith (Seat #1)
Recommend appointment of three (3) members to the Historic
Preservation Board to terms ending August 31, 1995.
ref:agmem03
..
'.
.
Appointments to the Historic Preservation Board
City Commission Regular Meeting of August 10, 1993
The following persons have submitted applications for your review:
Norma Bannoura (has also applied for BOA, SPRAB and P& Z)
Richard Brautigan (also applied for SPRAB, BOA, BCA)
David I. Cohen (has applied for any board)
Susan H. Hurlburt
Cecil "Sandy" Jamison ( incumbent)
Rebecca Jennings
Julie M. Morgan
Rosalind Murray (also applied for SPRAB, BOA, P&Z)
C. Spencer Pompey
Frank A. Rozzo
Barry E. Rubin (was appointed to General Employees Retirement
Committee on 7/27/93; also applied for BOA and P&Z)
Lawrence A. Siegel
Thuy Shutt (also applied for SPRAB)
John M. Vaughan
Charles R. Williams
'.
,.
tv- / '1'~
CITY OF DELRAY BEACH ., 0/,7 2(" u
BOARD ~EMBER APPLICATION ~
"
C. SPENCER POMPEY
NAME
P. O. Box 1533(1122 NW Martin Luther King, Jr. Drive)Oe1ray Beach Fl 33447
,
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407/276-4090 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Board Dealing with HISTORIC
PRESERVATION
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) H" .",.
1stor1c Preservat10n, S1nce 1tS 1ncept10n;
Plabning & Zonin~-1969-83; Human Relations-1956-69
EDUCATIONAL QUALIFICATIONS A.A. Bethune-Cookman,1936; A.B.-Johnson C. Smith
University, 1939;M.A.-Universitp of Minnesota, 1948; further study-Uni-
versity of Florida, Florida Atlantic University.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Palm Beach County Historical~ociety, Delray Beach Historical Society
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION School Board of Palm
Beach County-1939-1979, Teacher, coach, administrator
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Years of study, research and writing in the history of Florida,with
special emphasis on the impact of African Americans during the following
Periods-1865-1900; 1940-198p
o
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE ~~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ ~Jc.,vlf AJ /91';"
S IGNATUR . DATE I
4/90
If ,'If
'.
/. .
PERSONAL ~!!! 2!!!!!
--------
PERSONAL DATA:
NAME: Charles Spencer Pompey b. McClenny, Baker County, Florida-07/3l/1S
.
PARENTS: Reverend Samuel Frank, Mary Louise Pompey
Live Oak, Suwannee County, Florida
MARITAL: Wife--Hattie Ruth Keys, Daughter--Cheryl Zaneta Howard
ACADEMIC: High School Florida Memorial College, Live Oak, Fl. 1932-Valedictorian
A. A. Florida Memorial College 1935
A. A. Bethune-CookmaD College, Daytona Beach 19.36
A. B. Johnson C. Smith U., Charlotte, N.C. 1939-Cum Laude
M. A. University of Minnesota, Minneapolis, Mn 1947
Further Study University of Minnesota--1957, University of Florida, 1962,
1966; Florida Atlantic University--1972
EDUCATIONAL EXPERIENCE: 41 years--F10rida Public Schools--40 in Palm Beach County
PRINCIPAL: Suwannee County, Florida-Pinemount Elementary 1936-37
PRINCIPAL: Palm BeaCH County--Washington Jr. High and Poinciana Elem.--1939-44
TEACHER & COACH: Carver High School, Delray Beach-1944-64
ASSISTANT PRINCIPAL: Carver High School and Seacrest High Schoo1--Delray Beach--1964-70
PRINCIPAL: Carver Junior(Midd1e) School and Atlantic High School-1970-79
PROFESSIONAL ACTIVITIES : Co-organ:~er and first president of the Palm Beach County
Teachers Association--l94l-46 - Association instituted first class action
suit in U.S. Federal Court for the elimination of racial differential in
teachers salary in nation-I941. Petitioned State for Out-of State Aid
for B1acks-1945.
Chaired Program Action Committee of the Florida State Teachers Association
1966-68 and the Florida Education Association 1967-68; member of Palm Beach
County Merger Committee-l963-65.
First black elected to the Florida Education Association Board of Directors;
Chaired Florida Education Association Boardls Budget Committee and served
as member of the Executive Committee--1968-70; Set up and chaired first
"Political Clinic for Teachers" in state--1966; member of National
Education Association -'Teachers in Politics" Committee--197l-73i chaired
N. E. A. "Teachers in Politics Clinics, Knoxville, Tennessee and New Orleans,
1970 and 1972. President, Palm Beach County Junior High-Middle School
Principals Association Division--1974-75; Member of County Principals I
Association Ethetics and ManagOlnent Committee--l977-79; President, Palm
Beach County Chapter' of Phi Delta Kappa Educational Fraternity--1978-79;
Served as a county's delegate to state first Governor's Conference on
Education-l966; served on Superintendent's Task Force of Palm Beach
County School Desegregation--1966.
Initiated athletic program at Carver High School, which hosted the first
interscholastic track meet for black schools in the state--1947; Named
"Coach of the Year" 1949, 50, 54, 61, 62, 63 in football, with unbeaten
teams 1950, 62 and 63-with a string of 24 wins in succession; In Track
and Field, the girls won 15 successive conference and two state titles--
1962, 1963--never losing a relay event; the boys won 12 conference titles
:
..
'. "'f
"
(2)
in 15 lears; Named member ot The Spor;..s Trail CentU17 Club twice:
. Girls basketball with 240 wins--1954 and football with 104 win.--1963.
COMMUNITY ACTIVITIES: Charter member of the Naciremas Club, 1945, president 1947-1972,
which initiated the recreation program tor Blacks and founded the Teen
Town Community Center with support from the City of Delray Beach, 1950;
Chairman of Board of the Delray Beach Improvement Corporation, which
purchased land for homesites for Blacks--1951; Charter member of the
Executive Committee of The Delray Beach Voters League--1947 until present;
Charter member of the Delray Beach Community Relations Board, served
. as chairman for 4 years--1956. Served as county's participant at the
University ot Florida Equal Opportunity Institute-1965; member of City of
Delray Beach Planning and Zoning Board--1969-1982 and the Palm Beach County
Land Use Advisor,r Board--1977-1980; member of South County Mental Health
Board--1976 to present; member of the City Manager's Fact Finding Committee
ot the Delray Beach Police Department--1978; historian ot the Roots
Cultural Festival--1978; member of the Steering Committee that organized
and produced "Like A Mighty Banyan"-a 'publication on "the contributions
of Black r aople to the hifttory ot Palm Beach County-1981; member and
Sunday School Superintendent of St. Paul African Methodist Episcopal
Church of Delral Beach.
PUBLICATI<*S: "A School and Its COllllllUDity: Partner's in Social Engineering" Negro
Jouranl of Higher Education--1954; "An Analysis of the Washington--
DuBois Controversy and Its Effect on the Negro Problemll, The- Minnesota
Council for the Social Studies Bulletin, 1957.
MORE RIVERS TO CROSS, copyrighted 1986
SPECIAL HONORS: "20 Years of Outstanding Service ,Award" ~ Florida Interscholastic
Athletic Association, 1964; "Citizen of the Year Award", St. Paul A. M. E. Church, 1969
"The La Raza Human Relations Award", Our Lady Queen of Pea~ Mission, 1974; The Teen
Town Community Park was named the "C. Spencer Pompey Park" by the City of Delray Beach
City Council, 1976; "The Martin Luther King, Jr. Memorial Award of Palm Beach County",
19TI; the first "Annual Human Rel...tions Award in Education" in Florida, the Florida
Teaching Protellion and the National Education Association--19TI.
Community Service Award-1983 The News of Delray Beach
Black Floridan Hall of Fame, University of Florida 1984
Community Service Award- Soth Florida A.M..E. Lay Organization-1985
Delray Beach Humanitarian Award, Alpha Kappa Psi Fraternity 1987
Palm Beach County Sports Hall of Fame-1987
6utstanding community Service Award, Delray Beach Masonic Lodge 275=1988
Steering Committee & Facillitator GREATER DELRAY BEACH VISIONS 20000
ASSEMBLY_1988; Ho~orary Director of The Black Historical Archives for Palm
Palm,Beach Co~n~4JY College-1988; Founders' Day "Annual Humanitarian Award"
b~~~~~a Memo~~al.college-1990i documented research for and presided at 'Th '
~c~cH Ded~c~t~on. of "5 Historic Sites" in the Black Communi t I b the e
Delray Beach H~stor~c Preservation Board and the City of DelraYYBea;h-1990.
.,-
-. -.
,. I,"
"
<t!I?
'-.J CITY OF DELRAY BEACH
'-..J BOARD MEMBER APPLICATION
NAME &e/L ~ (;s:,NDV) J4~/.s"~ -
\J~
~r#s/- ~
.:J/.,s- ~ WIN/dU dS
HOME ADDRESS (Street, City, Zip Code) (LEGAL R SIDENCE)
~~~
PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code)
HOME PHONE ~?~ - '1 ?-J~ BUSINESS PHONE
~ - . *6$~t.JtINd1t/
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING '/.5/ tlJI/11 It.
g~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
MA/C -
EDUCATIONAL QUALIFICATIONS ~U6-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
AltJ4I~ ·
GIVE YOUR PRESENT. D POSITION . ~~,.::- F..w~/ <il
f
"It'
LS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
.3 f/IfIV/
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~? //,d)
/ ryE
4/90
'.
Cecil A. (Sandy) Jamison, Jr.
515 North Swinton Avenue
Delray Beach, Fl.33444-3955
(407) 272-7726
BUSINESS EXPERIENCE:
Computer Consultant/Portfolio Tracking 1988 - Present
Description: To design, develop and market financial
reports and statements regarding negotiable
securities for customers of Portfolio
Tracking, as well as providing estate
evaluations and services for Lawyers
and Accountants in the preparation of
reports to the Internal Revenue Service.
Financial Consultant/Account Executive 1979 - 1988
Description: To advise and consult with clients on
investment strategies to achieve their
financial goals through the use of tax
advantaged investments, municipal bonds,
insurance, stocks and corporate debt,
limited partnerships in real estate, and
oil and gas.
Firms: Dean Witter Reynolds, Inc.
Merrill Lynch, Pierce, Fenner & Smith
J.W. Charles - Bush Securities
North Americian Securities
Commercial Pilot 1970 - 1978
Description: Commercial pilot for various private
companies, providing air charter, air
taxi and air ambulance services for
Public Health Service Department covering
the southwestern district of the United
States.
Firms: Flair Airlines, Inc.
Florida Airmotive, Inc.
Atsidi Aviation, Inc.
Gallup Flying Service
JUL-27-'92 MON 09:30 I D : WVVI)\)I)I)VI)l)I)Vt' "1<1)\"" :')1) FH~" ~~O:')\" )l," .'- ~,I )1.' " ""." , " " '"I' :I' tiS =',='':
CITY OF DELaAY BEACH
BOARD MEMBER APPLICATION
I
NAME John M. Va.ughan
917 N.E. 8th Avenue Oelray Beach, FL (Soon to be residant. Will be renovatins by ~~
HOME ~DRESS (Street, City, Zip Cod.) (LEGAL RESIDENCE) ~ - (1f A'-lgus
~ ..vr..
Oo....i:./t-C'J T1 't r.
HOME PHONE (407) 487-3477 BUSINESS PHONE (30') 979-8454
......
ON WHAT BOARDS AlE YOU INTERESTED IN SERVING eRA & Rietor1cal Society
LIST ALL CITY BOARDS ON WHICH YOU AlE CURRENTLY SEaVING OR BAVE PREVIOUSLY
SERVED (Please include dace.)
NONE
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROPESSIONAL CERTIPICATIONS AND LICENSES YHICH YOU HOLD
Associate member of AlA. Have completed 8 of the 9 phases ot NCARB tQstin~.
GIVE YOVR fRESENT, OR MOST RECENT EMPLOYER, ~ POSITION
A.t & Architecture - Viee President
DESCRIBE EXPERIENCES, SKILLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON TIllS
BOAID
Served 2 year. with W~H. Phillips - Historical Restoration Arehitect (Colonial
Williamsburs Staff Architect). Deerfi.ld Historical SOCiety. Municipal.
ColIIIierc1al Master Planniog (Foley, AL). Industrial projects in South, Florida ($el:!
r~v~rs~
PLEASE AtTACH A BIllE' UStTMI. ;;ide)
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MiSSTATEMENT or KATEaI~ fACTS CONtAINED IN THIS APPLICA-
tION MAY CAUSE FORFEITURE UPON MY PAlT or ANY APPOINTMENT I MAY RECEIVE.
~~ 1-~ 7 -1:;.
DATI
4/90
,. "I'."
'.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rf1v~
SUBJECT: AGENDA ITEM # q' - MEETING OF AUGUST 10, 1993
APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: AUGUST 5, 1993
As of August 31, 1993, there will be four ( 4 ) vacancies on the
Board of Adjustment due to the expiring terms of Scott Bechtle and
Alvaro Vera (regular members) and Dorothy Patterson and John
Baccari (alternate members) . Mr. Vera is not eligible for
reappointment since he has now served two successive terms on the
board. Ms. Patterson is not interested in being considered for
reappointment. Both Mr. Bechtle and Mr. Baccari are eligible and
would like to be considered for reappointment. Mr. Bechtle has
attended all meetings. Mr. Baccari, as an alternate member, has
attended when needed.
In order to qualify for appointment, a person shall either be a
resident of or own property in the City, and/or own a business
within the City. The term is for two (2 ) years, commencing
September 1, 1993, and ending August 31, 1995. The list of
applicants is attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. Norma Bannoura has one (1)
active code violation for non-conforming landscaping, a copy of
which is attached to her application.
The order of appointment will be as follows:
.
Commissioner Smith (Seat #1) - regular member
Commissioner Alperin (Seat #2) - regular member
Commissioner Ellingsworth (Seat #3) - alternate member
Commissioner Randolph (Seat #4) - alternate member
Recommend appointment of four (4 ) members (two regular and two
alternate) to the Board of Adjustment to terms ending August 31,
1995.
ref:agmemo4
'.
.
.
Appointments to the Board of Adjustment
City Commission Regular Meeting of August 10, 1993
The following persons have submitted applications for your review:
Donald C. Allgrove (also applied for SPRAB and P&Z)
John Baccari (incumbent/alternate member)
Norma Bannoura (has also applied for P&Z, SPRAB and HPB)
Scott C. Bechtle (incumbent/regular member)
Robin M. Bird (has also applied for P&Z and SPRAB)
Fred Bonardi (has also applied for P&Z and SPRAB)
Richard Brautigan (has also applied for SPRAB, BCA, HPB)
David I. Cohen (has applied to all boards)
Randee J. Golder (currently serving on Housing Authority;
has also applied for P&Z and SPRAB)
Russell B. Jennings
Leo Koppman (also applied for P&Z)
Cheryl L. Lee-Bennett (has also applied for SPRAB)
Rosalind Murray (also applied for P&Z, SPRAB, HPB)
Joseph Pike (also applied for SPRAB and BCA)
Robert L. Puzey (also applied for P&Z and SPRAB)
Milford Ross
Barry E. Rubin (appointed to General Employees Retirement
Committee; also applied for HPB 'and P&Z)
Michael P. Shalvoy
Sidney S. Soloway
William Stone (currently serving on Code Enforcement Board)
Horace J. Waldman
John Weaver (also applied for SPRAB and P&Z)
Reginald L. Williams
..
,.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME RnhPyr T, P,,7.py
Qf,? 'T'Y'n];" Pol "il 1)",1 Y~ Po",,,,,.h 1<'T JJ(/Sr
HOME AD RESS (Street, ity. Z{p Code). LEGAL RESIDENCE)
(~:lmp)
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code)
HOME PHONE 7.77-707P. BUSINESS PHONE 77P._<:n?Q
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~;rp Pl",n Rp,,;p~ ::>nil Appp::>y::>nrp
-.Bo~Tn, l"\r Pl;:lnn;ng ~nr1 7nn;ng Rn~"'~, n1'" Rn~rn n-f Arljl1crmJOonr
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
nnu~
EDUCATIONAL QUALIFICATIONS B5 A.ir T~au'ipnrt.tiQu l4''''B;~~Qr;T:}g 7 'P"r,111Q TTn;'tTQ1""C; ty 1958
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
U~CC Q~QaR~ M~itQr SOOT
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION ('............9ntly ,,,,,It= "'mplnyed
iWT~~r;;"'.aM..GOQilllt~Pt; re.tirp.d from 27 Yrs in marketin~ and sales with IBM
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
A rpn YP:lY rp~;ilpnr nf nplrRY Rp:lrh T havp. hp.pn activp. with the. Delrav Beach
Playhouse and served on the Board & I attended the second class of the Citizens
1'('\1;("Q Af":::Irlgmy T h",vp hppn R Florid:l propprty owne.r and active. investor since 1975.
I have lived in and participated actively in many diverse communities: e.g.,
M;",m; I C::r T01';~, R;rm;nghRm, r.hirRgn, r.lpvpl:lnd, Tndianapolis.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.I
. --,
. ~~~~ ~I ~/f!.$'
.
4/90
'.
'.
ROBKRT L. PUZKY
962 rropic 81-..1.
Delray BelIch, PI. 33483
407 272 7078
OBJECTIVE
To function in a leadership position, assisting others, with major responsi-
bilities consulting to large computer systems users.
QUALD'ICATIONS
I have developed an outstanding reputation among IBM marketers servicing
very large, complex computer installations, These customers typically have
intensive requirements for high availability, most frequently driving large
communications networks and offering enhanced usability to diverse users.
EXPERIENCE
- Lead IBM and MCAUTO in developing and managing a twenty-one shift, high
availability, very large scale computer services business. From
1971-1981, the time I was on the acc0unt, MCAUTO grew from $18MM to
$56MM. I made nine 100% Clubs and five Golden Circles, published a
brief on installation management, and received numerous other recogni-
tions within IBM.
- Lead IBM Boca Raton I/S in migrating from 2nd generation S/360 directly
to 2nd generation S/370 <nine 3081' s w/ MVS & VM) in fourteen months,
Savings in excess of $40MM.
- Lead IBM Boca Raton I/S to install current, customer ship level soft-
ware products and become a showcase installation both within IBM and
for customer reference. Benefit to IBM and customers was to demon-
strate a large installation running unmodified IBM software.
- Developed the concept and sold IBM Boca Raton on I/S customer service
representatives to their user community. This resulted in the rapid
implementation of new technologies; e. g. , intelligent workstations,
PROFS for 7,500 users in eighteen months, and annual improvements in
the customer satisfaction survey.
- Lead IBM Boca Raton I/S implementing strategic planning, I utilized
outside education, gained executive commitment and management follow-up
to insure success. The result over three years was that while the
workload increased 20%, the I/S budget was reduced 30% and headcount
was reduced 50%.
- I have developed a high level of expertise in strategic planning,
justification 'of computer expenditures, and assisting executives both
in evaluating alternatives and in measuring benefits. I have lead and
and assisted with many analysis and presentations of financial alterna-
tives and ROI.
'.
..
IMPLOYHEN'l' HISTORY
- IBM Retiree, December 31, 1988
- International Accounts ManaRer, IBM-Vahalla, NY, '87-'88
- Sr. Marketin~ Representative, IBM-Harrison, NY, '83-'87.
- Sr. MarketinR Representative, IBM-Miami, FL, '81-'83.
- Sr, MarketinR Representative, IBM-St. Louis, MO, '71-'8l.
- MarketinR ManaRer, IBM-Birmingham, AL, '69-17l.
- Product MarketinR Representative, IBM-Chicago, IL, 167-'69.
- MarketinR Representative, IBM-Akron, OH, '65-'67,
- Systems EnRineer, IBM-Akron, OH, '62-165.
- Salesman, Cummins Diesel of N. Ohio, Akron, OH, '61-'62.
- District ManaRer, Arvin Industries, Dallas, TX, '58-'6l.
EDUCATION
- Purdue University, 1954-1958, BS, Air Transportation Engineering, 2nd
major in Economics.
ACTIVITIES
- Delray Beach Community Playhouse Board of Directors
- Investment management of trusts and personal accounts
- Real estate and rental properties
- Yacht charter, yacht management, deliveries (USCG Captain)
'.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Cheryl L. Lee-Bennett
3211 Sherwood Blvd., Delray Beach, FL 33445
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
c/o Atlantic Community High School, 250l Seacrest Blvd., Delray 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (407) 495-9978 BUSINESS PHONE (407) 243-1514
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Site Plan Review and
Appearance Board (SPRAB) and/or Board of Adjustment.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
1988-1990-Parks & Recreation Afterschool/Latchkey Steering Committee.
EDUCATIONAL QUALIFICATIONS B.A. Degree in Education. Major course of study
is Business and Office Education. Graduated from The University of
South Florida in Tampa, Florida.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida Teaching Certificate - 470145
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Palm Beach County
School Board (Atlantic Community High School) - Business Teacher.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
See Attached.
.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISS~ATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITU E UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.J
July 28, 1993
DATE
'.
,.
CrTY OF DELRAY BEACH
Site Plan Review and Appearance Board
Board of Adjustment
Cheryl L. Lee-Bennett
266-45-0396
Experience, Skills and/or Knowledge
Personal Data Sheet attachment
I moved to Delray in May 1983 and I am very concern with the
presentation/appearance and sites of this city. I would like to
serve on this board as a beginning to learn and become more involved
with the city and governmental politics.
My skills on a professional level are business and office education.
I am skilled and literate in computer education, also. I am able
to work well with others, and have management, creative crafts,
sewing and cooking skills.
I have worked for the city of Delray Beach Parks and Recreation
Department for approximately two-years part time (off and on).
During my employment, I was able to use my organizational skills,
creative (artistic), management and business skills to help maintain
and carryout the duties for which I was assigned and/or deligated.
I was able to implement and carryout the planning of a successful
scrapbook and parent night for the afterschool and summer camp
programs that was housed at the Community Center. I believe that
being neat, organized and attractive is important in all phases
of life and living.
I ask that you please consider and accept me for SPRAB and/or
, the Board of Adjustment and afford me an opportunity to learn
and grow with the City of Delray Beach.
(:~J~ei~ )
'.
PERSONAL D A T A SHEET
Name: Cheryl L. Lee-Bennett Soc. Sec. No.: 266-45-0396
Address: 3211 Sherwood Blvd. Telephone No.: (407)
Delray Beach, FL 33445 495-9978
Age: 35 (June 20, 1958)
EDUCATION
B.A. Degree in Business and Office Education from The University
of South Florida in Tampa.
Office Skills:
Typewriting rate--65-70 words a minute.
Can operate the following business machines: Personal Computers
and advanced typewriting systems (and software); calculator;
duplicators; photocopiers, transcriber/dictaphone; and P.O.S.
terminals with optical scanners/readers. Shorthand/Speedwriting.
civic/Extra-Curricular Activities
UNITY Club (United Nationalities of Involved and Talented Youth)
Club Sponsor at Atlantic Community High School in Delray.
Frances J. Brights Wamans Club - Historian, Delray Beach.
Gold Coast Business and Professional Womens Club - Secretary
and Pageant Coordinator 1986-1988. ,
Greater Mount Olive Baptist Church - KIC (Kids In Christ) Adult
Support Person and Annual Directory Committee Member.
South Palm Beach County "Interest Group" Jack & Jill of America
Secretary
EXPERIENCE
August 1985 - Present
~alm Seach County School Board, Atlantic community High School
in Delray Beach. Business Teacher.
August 1983 - June 1985
Loggers Run Middle School, Permanent Substitute Teacher and Part-
time Business Teacher.
November 1981 - July 1983
City of Pompano Beach, Florida, Finance Department.
Accounting Clerk, Payroll Clerk and Finance Director Secretary.
July 1981 - November 1981
International Business Machines (IBM) , Boca Raton, Florida.
Assistant Furniture and Fixtures Coordinator.
parttime
City of Delray Beach, Florida
Afterschool/Latchkey and Summer Camp Clerk
REFERENCES
Will be furnished upon request
'.
Cheryl L. Lee-Bennett
Personal Data Sheet
Supplement, p.2
REFERENCES
Ms. Mercedes P. Castaner, Department Chairperson
Business Department
Atlantic Community High School
2501 Seacrest Blvd.
Delray Beach, Florida 33444
(407) 243-1514
Mrs. Barbara L. Bean-Johnson
250 S. W. 8th Avenue
Delray Beach, Florida 33444
(407) 274-3036
Mrs. Carolyn Parker-Ware,
Mr. Joe Weldon and/or Mr. Joe Dragon
City of Delray Beach, Florida
Parks and Recreation Department
100 N. W. First Avenue
Delray Beach, Florida 33444
(407) 243-7250
'.
'.
~ CITY OF DELaAT BEACH
BOARD MEMBER APPLICATION
f
-r;z~J I"') ~.
NAME tJ" r'1 <'7 R~ )
9 go N J1j. 'I 'f'J. Ave-. ~e / (~ ~ '1 1Se-1- - r( ~)'I';i/
HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE)
1'1 c /...... C=. A "'II..", /, (' v e bt I' .. ,-1 vt: ~ '-
...J
ADDRESS City. Zip Code)
.
HOME PHONE ')7cf- 'itJg3 BUSINESS PHONI .27~- /C,(}7
ON WHAT BOARDS AU YOU INTEUSTED IN SERVING (] t..' C, It..l ~;= AdJ'/~ -I....., ~;-
" /
le2- - .s I'f~ ~ Iii ", ;? d. v' t ..v /J~ o f~ <;
r r
LIST ALL CITY BOARDS ON WHICH YOU AI! CUUENTLY SERVING 01. HAV! PUVIOUSLY
SERVED (Pl.... includ. d.c..) ~
i
.111",., ~ &1-1- 'it" <i -1-, ~ ~
EDUCATIONAL QUALIFICATIONS - 13 A. FA-V!.-
LIST ANY RELATED PROFESSIONAL ClaTIFICATIONS AND LICENSES WHICH YOU HOLD
.5 e. C c,' I'? I 1-. ,I , Lie ""T1 e...A'- ",IV" -I .., See... It". 1-. ~.J E )( c-A.a}< (-,.,., ""-
GIVE youa PUSENT. OR HOST alCIIT EMPLOYER, AND POSITION m~ R,Q, II
L '1 n c, t.... (/~!>f- 7' yeA/) S )
DESCUB! EUERIDlC!S. SULLS 0& DIOWLEDG! WHIClI QUALIn YOU TO SERVE 011 THIS
BOARD I; tHf ;e~ <<,,~ ;e"" ~,~ be I ~ " 7 ~"'7r?h"
, .1.,.0 c
.
;g c.L ' jc,.1J1(/ 'I/..e. ~~ wt II
,
PLEASE A'l'TACB A 81.111 USUMI.
I HillEl! CERTIn THAT ALL TO AIOVI STATEKEHTS AU nul. AND I AGU! AND
UNDDSTAND THAT ANY KISSTA'l'IMDT or KATUIAL FACTS COIITAIIIID III THIS APPLICA-
TION KAY CAUS! FOU!ITtJU UPO. MY PdT or ANY APPOINTKDIT I KAY alCIIV!.
-:; /'J-/ nPY7 Cl/1 d' 7-/2. - 1 5
SIGNA DATI
4/90
'.
'.
CITY OF DELRAY BEACH
BOARD ME~ER APPLICATION
~AME Robin M. Bird
1300 Cormorant Road, So. , Delray Beach, Florida 33444
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
100 West Atlantic Boulevard, Pompano Beach, Florida 33060
PRINCIPAL BUSINESS ADDRESS (Street" City, Zip Code)
HOME PHONE (407) 243-2447 BUSINESS PHONE (305) 786-4634
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Housinq Authoritv.
Board of Adjustment, Site Plan Review & Appearnace Board,
Planning & Zoning Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS B.A. Social science} Florida Atlantic
University, currently undergoing graduate course work in
)
Urban Planning and Public Administration
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Member of American Plannin Association also Florida Cha ter &
Florida Plann~ng & Zon~ng Assoc~at~on Broward Chapter
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION
City of Pompano Beach City Planner
DESCRIBE EXPERIENCES. SXILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
I have worked with several city boards in a orofessional
capacity as a staff member. Have been employed as a City
Planner " and Zoning Official for the past 4! years.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~L ~ ,~J (/1/ / ~J-
SIGNATURE , DATE
4/90
'.
"
RESUME
Rebln M. 8lrd
1300 Cormor.nt Ro.d So.
Delr.y Beac:h, Florid. 33444
(407) 243-2447
OBJECTIVE: To .c:quire . proTession.l position .t whic:h my
educ:.tion, .bility And interest in urb.n growth
m.n.gement m.y be .pplied.
EDUCATION: BAc:helor oT Arts 1988. FLORIDA ATLANTIC UNIVERSITY
MAJOr: GeogrAphy
PROFESSIONAL EMPLOYMENT:
Position: PLAnner - I .m responsible Tor reV1ew oT
projec:ts .nd implement.tion oT the new Land
Development Regulations rec:ently Adopted by
implementation oT the 1990 Comprehensive
PLAn. I prep.re administrAtive reports for
the P1Ann1ng And Zoning BOArd .s well as
the Zoning BOArd of Appeals. I .id. the
public: AS well AS developers with
interpret.tion of the munic:ipAl c:ode.
Length of Employment: 11/89 to present '
PIAc:e oT Employment: City of PompAno Beac:h
2700 W.st Atlantic: Boulev.rd
Pomp.no Be.c:h, Florid.
33061
Annual SalAry: $ 308~ 1. 60
Position: P1Anner/Zoner - My duties inc:luded
administering the zon1ng c:od. in the
D.v.lopment Review Committe. proc:ess of
m.jor c:omm.rc:i.l, 1ndustri.l .nd multi-
TAmily projec:ts. I rev1ew.d .11 typ.. of
building p.rmit applic:.tions for zoning
Approv.l. I .150 prepAred the c:.s. work and
r.pr...nt.d staff for .11 v.r1anc:.. before
the Board of Adjustment. I w.. involved with
the d.velopment of the n.w land u..
r.gul.tions and updAte of the zon1ng c:ode in
.c:c:ord.nc:e with the state m.ndate of 198~.
L.ngth of employment: 1/89 to 11/89
Plac:. of employment: City of Cor.l Springs
9551 West S.mple Ro.d
CorAL Springs, Fl 3306~
Ending Sal.ry. $ 21,833
Position. Pl.nning R....rc:h Assist.nt - My
responsibilities 1nc:luded sit. plan data
c:oll.c:tion, mApp1ng, and .p.c:i.l proj.c:t
studi.. in pr.p.ration for the Compr.hensive
Plan upd.t.. I w.. .lso a pr1mary .uthor of
the Futur. Land Us. element of the 1989
Compr.h.n.iv. PLAn. Promot.d to
Planning Aide I on 12/2/88.
'.
L.n;th of .m~loym~h~1 3/88 to 1/89
Plac. of .m~loym.ntl City of Boca Raton
Community D.v.lo~m.nt D.~t.
201 W. Palm.tto Park Road
Boca Raton, Florida 33432
Ending Salary. $; 16,890
Po.i ti on'. GIS Summ.r T.m~orary A..istant - My duties
included research of land u..s, zoning
special exceptions, and the updating of
county inventory ma~..
Length of .m~loym.nt. 6/87 to 9/87
Place of em~loym.nt. Palm B.ach County
Planning Oivi.ion
800 13th Str..t P.B.I.A.
W..t Palm B.ach, Florida
33406
Ending Salary. $; 12,729
PROFESSIONAL MEMBERSHIPS
Am.rican Planning A..ociation
Florida Cha~t.r ~ Broward Chapt.r of t~. Am.rican Planning
A..ociation
Florida Planning ~ Zoning A..ociation
PERSONS WHO CAN COMMENT ON MY CHARACTER AND RESPONSIBILITY.
Or. R. Schultz Or. O. L..
O.~t. Chairman Prof..sor
G.ogra~hy O.~artm.nt G.ogra~hy Oe~artm.nt
Florida Atlantic Univ.rsity Florida Atlantic Univ.rsity
~OO NW 20th Str..t ~OO NW 20th Stre.t
Boca Raton, FL 33431 Boca Raton, FL 33431
(407 ) 393-32~0 (407) 393-32~0
Bi 11 Ni chol s Lawrenc. Schl.t.r
O~.ration. Manag.r Entrepr.n.ur
Gulfstr.am Bath ~ T.nni. Club The Factory
92~ N. Ocean Blvd. 1434 Lantana Road
O.lray B..ch, FL 33444 Lantana, FL 33462
(407 ) 272-2101 (407) ~82-7777
J.ff.ry Evan. M.rk A. S....
Plann.r / Boc. Raton Plann.r I Palm B.ach County
201 W..t Palm.tto Park Road 34~ South Con gr... Av.nu.
Boc. R.ton, FL 33432 O.lray B.ach, FL 33444
(407) 393-79~7 (407) 276-1284
Barbara Bail.y P.t.r O.Wick
S.nior Plann.r / Coral Spring. Zoning Offic.r / Coral S~ring.
9~~1 W..t Sam~l. Road 9~~1 W..t S.m~l. Ro.d
Coral S~ring., FL 3306~ Coral S~ring., FL 3306~
(30~) 344-11~~ (305) 344-1061
..
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # ~() - MEETING OF AUGUST 10, 1993
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
DATE: AUGUST 5, 1993
As of August 31, 1993, there will be four (4) vacancies on the
Board of Construction Appeals due to the expiring terms of Scott
Atkinson (general contractor), Carney Wilder, Jr. (master plumber)
and Roy Simon (architect). The sign contractor position has been
vacant for some time. Mr. Atkinson and Mr. Wilder are ineligible
for reappointment since they have now served two successive terms
on the board. Mr. Simon is eligible and would like to be
considered for reappointment. He has had one absence and has
attended all other meetings.
In order to qualify for appointment, a person shall have actual
previous experience in their respective trade or profession deemed
sufficient by the Commission. Residency is not required. The term
is for two (2) years, commencing September 1, 1993, and ending
August 31, 1995. The list of applicants is attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are no outstanding
violations for any of the applicants.
The order of appointment will be as follows:
Mayor Lynch - appointment of general contractor
Commissioner Smith - appointment of master plumber
Commissioner Alperin - appointment of architect
Commissioner Ellingsworth - appointment of sign contractor
Recommend appointment of four (4) members to the Board of
Construction Appeals to terms ending August 31, 1995.
ref:agmem05
.
.
Appointments to the Board of Construction Appeals
City Commission Regular Meeting of August 10, 1993
The following persons have submitted applications for your review:
General Contractor
Ron Brito
Ruben Gomez
John P. Henderson
Joseph Pike (also applied for SPRAB and BOA)
Dominick Sarlo
Master Plumber
Daniel P. Hess (also applied for SPRAB and P&Z)
Russell Warren
Architect
Roy Simon ( incumbent)
Richard Brautigan (also applied for SPRAB, HPB and BOA)
Sign Contractor
Mark D. Little (also applied for SPRAB)
'.
~ CIn OF DELRAY BEACH
BOARD MEMBER APPLICATION
-
~AME J/#A1 P l!eNDe,QSoA/'
/~.3S,4 SW $'17+ AVEi\lvS" IJOYN"nN ,g~HI n..3342.t.
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
SAME
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Cod.)
. 3,1-1-olt/7
HOM! PHONE 7~ -~." ~ z.. BUSINESS PHON!
ON WHAT BOARDS AIlE yOU INTERESTED IN SERVING
&A~ or ~NS772clC71OV ~"'e-At-S
LIST ALL CITY BOARDS ON WHICH YOU ARE CUlUlENTLY SERVING OR HAV! PREVIOUSLY
SERVED (Plea.. includ. date.) '!
;
EDUCATIONAL QUALIFICATIONS 8ol1A'1J OF AtJrUSTlfl'/t=Nf
13/J~J Or: UJ~.j r/2t1 cn"W" If/r'fih- ~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
t56<:O/~733(C~FJEU GEN. ~~)S4CCI"'2~7/~'; $lp6-'/NS"i)
, GIVE yOUR PRESENT, Olt MOST UCEIIT EMPLOYER, AND POSITION ScU:
DESCRIB! EXPERIENCIS, SIlLLS 0& IHOWL!DG! WHICH QUALIFY YOU TO SEltVI ON THIS
BOAm)
P/2/0/2. SFL ~~
PLEAS! ATTACH A BRI!l IISUKI.
I HEREBY CERTIFY THAt ALL THI AlOVE STATEMENTS AU TltUl, AND I AGU! AND
UNDEI.STAND THAt ANY KISSTATIMIlrr or MAt!RIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFIITURE UPOI MY PARt or ANY APPOINTHENT I MAY l!C!IVI.
~ .Jf2tJ /;.3
DATI
4/90
'. '.,.,
'.
,
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
. .
NAME Daniel P. Hess
227 NE 7th Ave. n~lr~y ~~~~n ~1 11dR1 {n~lr~y R~~in~n~~ for 4 yrs
HOME ADDRESS (Street, City, Zip Coae) (LEGAL RESIDENCE)
227 NE 7th Ave, Delray Beach, Fl. 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407-243-8458 BUSINESS PHONE 407-243-9266
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Planning and Zoning Board
"
or Site Plan Review and Appearance Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS See attached
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Master plumber license #U15923
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Owner of Handy Dan Plumbing, Inc.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Apprnyi~mrly In y~~r~ ~Yp~ri~n~~ in rn~ ~nn~rrll~r;nn innll~rry
from California to Florida. Furthermore, I'm a native Floridian
with family that has been in Delray since the early 70's.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
. ~//;/~ ,7/2 -0/42-
/ SIGNA~
' ( DATE
4/90
'.
,.
EDUCATION:
Florida Atlantic University, Boca Raton, Fl. (1988 - Current) - Master Degree in International Business
Administration, est. 1991
Arizona State University, Tempe, Az. (1981 - 1983; 1985 -1987) - B.S. Degree in International Marketing, G.P A.
- 3.0
Mesa Community College, Mesa, Az. (1983 - 1985) AA.S. degree in Business Administration, G.P A. - 3.07
EXPERIENCE:
u.s. Sprint, West Palm Beach, Fl. - I started with U.S. Sprint April '88. This position requires the individual to
be a self starter, capable of identifying, analyzing and negotiating business development opportunities in a given
geographical area. Furthermore, this position requires the maintenance of existing accounts and generation of
a minimum amount of new business each month. Major accomplishments: #1 Account Representative in the
Southern Region for both July and August.
A. Tarle" Pompano Beach, Fl - Sales Representative from June '~ to April '88. My duties consisted of
maintaining existing accounts and generating new ones for a oddity plumbing supplier.
Hess Landscaping, Tempe, Az. . Hess Brothers Tree Service was started in August '81. My position then
entailed duties of bidding, advertising, and doing the work myself with the help of a few others. After five years
and a name change to Hess Landscaping, to encompass a wider market segmentation, my duties primarily
consisted of supervision. Major accomplishment: Receiving the contract for all the tree work at the Phoenix
Zoo.
Hess Plumbing, Tempe, Az. This Business I started in January '84 and liquidated it December '86 due to. time
constraints. My duties included advertising, bidding, purchasing, production scheduling, manual labor, billing
and bookkeeping. Major accomplishment: Being awarded a contract to install 100 hair salons throughout
Arizona and Southern California.
.
,. j,I"
"
.- ,..,.
CITY OF DELRAY BEACH
BOARD ~EMBER APPLICATION
~AME " Roy M. Simon
201 N.W. 11 Street, Delrav Beach. FL 33444
HOME ADDRESS (Street, City. Zip Code) (LEGAL RESIDENCE)
100 N.E. 5th Avenue. Suite A-2. Delrav Beach, FL 33483
PRINCIPAL BUSISESS ADDRESS (Street '" City, Zip Code)
HOME PHONE 278-2271 BUSINESS PHONE 278-1914
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Board of Construction Appeals
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR RAVE PREVIOUSLY
SERVED (Please include dates)
See Attached. Note 1.
EDUCATIONAL QUALIFICATIONS Bachelor of Architecture - Geor~ia Institute of
Technology
LIST ANY RELATED PROFESSIONAL CERtIFICATIONS AND LICENSES WHICH YOU HOLD
See Attached. Note 2.
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
Sole Proprietor/Roy M. Simon. A.I.A.. Architect
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
34 years registered architect/training/practical experience/licensed
general contractor (inactive)/former member Planning & Zoning Board &
Board of Construction Appeals.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE StATEMENTS ARE TRUE. AND [ AGREE AND
UNDERSTAND THAT ANY MISSTAtEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPOR MY PART OF ANY APPOINTHINT I MAY RECEIVE.
~^~. September 14. 1992
IGNATUR - DATE
4/90
'.
ROY M. SIMON
attachment to Board Member Application
NOTE 1
City of Delray Beach Recreation Advisory Committee (1958-60)
City of Delray Beach Zoning Board of Appeals (1957-69)
Board of Adjustments
Charter Member of Board
Secretary - 3 terms
Chairman - 3 terms
City of Delray Beach Planning & Zoning Board (1969-74)
Vice Chairman - 2 terms
City of Delray Beach Community Appearance Board (1975-80)
Charter Member of Board
Vice Chairman - 2 terms
City of Delray Beach Code Enforcement Board (1980-85)
Charter Member of Board
Vice Chairman - 1 term
City of Delray Beach'ConstructionBoard of Appeals
(1972-74 & 1985-86)
City of Delray Beach Mayor's Atlantic Avenue Task Force (1985)
City of Delray Beach Downtown Development Authority
Member (1986 - 1992)
Chairman - 2 terms
NOTE 2
Licensed to practice architecture in Florida, Georgia,
North Carolina, South Carolina, Alabama, and New Jersey.
Member American Institute of Architects
Certified by the National Council Architectural Registration Board
Licensed General Contractor (inactive)
Former Member Construction Specification Institute
.
'.
ROY M. SIMON, A.LA., ARCHITECT
architects and planners
Roy M. Simon has practiced architectural design in
Florida for 40 years, and as a sole proprietor since
1959. The firm offers complete architectural services
in building design, preparation of construction
documents, construction administration, master site
planning, feasibility analysis, and interior design and
space planning.
Mr. Simon is registered to practice in Florida,
Alabama, Georgia, North Carolina, South Carolina, and
New Jersey, and is certified by the National Council of
Architectural Registration Boards.
As a native of Delray Beach, he attended local primary
and secondary public schools. He was graduated from
Georgia Institute of Technology, Atlanta, Georgia, with
Bachelor of Science and Bachelor of Architecture
degrees.
He served as a Captain in the Un i ted States Air Force
which included duty as Installation Engineer at
prestwick Air Base in Scotland, responsible for design,
construction and maintenance of new air base
facilities.
As a member of St. Paul's Episcopal Church he has
served on the Vestry and as Lay Reader, Chalice Bearer
and Choir Member.
Professional Activities
American Institute of Architects
Florida Association of American Institute of Architects
Past Member State Committee on Design
Palm Beach Chapter, American Institute of Architects
Past Member Executive Committee
Past Chairman Public Relations Commission
Past Chairman Education Commission
Spanish River Section, American Institute of Architects
Charter Vice-President
Past President
100 northeast fifth avenue, suite a"2,-delray beach, {lorida 33483 .407'278'[9[4
'. j,I'f
'"
. .
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
HOME PHONE 2\.{g-q~4L BUSINESS PHONE 2-lg~7~JLf
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING hoc,:J G-\-- (~./,,~~r'~ f ~.C -\
~~.4~ / ~-)I~ 7Ic", 0-.,,\ d ~~\.~ t,. ,_ ~''-''; \ ,: ".,-,
tJ. '\ r ~
{ J'" "-..-00
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
_\t~~~ ~\~~t>.-0 ~sJ \ '18'1
EDUCATIONAL QUALIFICATIONS ~~\51\- V ~\~ \~ rl- tktd~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION 1/ rt. s: l t. "'-.t-
'%f'. J ""-t - -
.l-II'^-c, J L .l.A <;. .
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD \0 ~ rs . N.ArJo.~., + ~~ \. *'- C,,^- ~
0Jv- \ """-
~~ \~VC,'*r
PLEASE ATTACH A BRIEF RESUME.
THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
EITUR~ UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
,
7-/3 -u
DATE
4/90
'. "II.,
"
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER lJ7V1
SUBJECT: AGENDA ITEM # qp - MEETING OF AUGUST 10, 1993
APPOINTMENTS TO THE OCCUPATIONAL LICENSE EQUITY STUDY
COMMISSION/RESOLUTION NO. 74-93
DATE: AUGUST 6, 1993
At the June 1st workshop meeting, it was the consensus of the City
Commission to establish an Occupational License Equity Study
Commission for the purpose of reviewing the City's license
classification system and accompanying rate structure. Such a
commission lS a requirement of the Occupational License Tax Bill
364 as a precursor to the City adopting a new ordinance
reclassifying licenses and increasing rates which lS a potential
source of additional revenue.
Resolution No. 74-93 provides for the establishment of the
Occupational License Equity Study Commission as an ad hoc committee
and appointees thereto by the City Commission. Each Commission
member is to make one appointment for a total of five (5 ) members.
Members are to be representatives from the business community In
Delray Beach, and may serve on other advisory boards/committees
concurrently. It is anticipated that the commission will meet for
approximately eight ( 8 ) months or until the study is complete.
Commissioner Smith has submitted the name of Mark Little to serve
on the commission. Commissioner Ellingsworth has submitted the
name of Daniel F. Burns. Mayor Lynch has submitted the name of
Robert w. Hayes. Their applications are attached for review.
Recommend approval of Resolution No. 74-93 establishing the
Occupational License Equity Study Commission and appointments
thereto by the City Commission.
ref:agmemo6
'.
'.
,
I
I
RESOLUTION NO. 74-93 :
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE OCCUPATIONAL
LICENSE EQUITY STUDY COMMISSION AS AN AD HOC
COMMITTEE OF THE DEL RAY BEACH CITY COMMISSION;
PROVIDING FOR THE AUTHORITY OF SAID COMMISSION;
PROVIDING FOR THE COMPOSITION OF SAID COMMISSION;
PROVIDING AN EFFECTIVE DATE AND ESTABLISHING A SUNSET
DATE.
WHEREAS, the Occupational License Tax Bill 364 was passed
by the Florida Legislature on April 2, 1993; and
WHEREAS, Bill 364 provides for certain amendments to
Section 205, Florida Statutes, governing occupational licenses,
including a provision which allows the City to adopt a new ordinance
reclassifying licenses and increasing rates; and
WHEREAS, prior to the adoption of a new ordinance, Bill
364 requires the creation of an Equity Study Commission to review
the existing classification system and develop an equitable
classification system based on comparisdns with other municipal and
county rates; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, wishes to establish such an Occupational License Equity
Study Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there is hereby established the
OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION as an ad hoc committee
of the Delray Beach City Commission which shall be charged with
reviewing the occupational license classification system of the
City, developing an equitable classification system, and making
recommendations regarding the establishment of a new rate structure
for occupational licenses.
Section 2. That the Occupational License Equity Study
Commission shall consist of five ( 5 ) members to be appointed by the
City Commission. Members of the commission shall be representatives
of the business community and shall either own or operate a business
within Delray Beach.
Section 3. That the Occupational License Equity Study
Commission shall immediately pursue its assigned task with a target
of accomplishing said task by May 1 , 1994.
'.
"
.
'\
I Section 4. That the Occupational License Equity Study
Commission shall disband upon the discharge of its assigned task or
by May 1, 1994, unless otherwise extended by action of the City
Commission.
PASSED AND ADOPTED in regular session on this the 10th day
of August, 1993.
~~
" MAYd/R
ATTEST:
o f,$r/f!bt)U, if1//();i;y
Clty lerk
- 2 - Res. No. 74-93
'.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Daniel F. Burns
1036 Bucida Road, Delrav Beach. FL 33483
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
2200 South Federal Highwav; Delrav Beach. FL 334R3
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code)
HOME PHONE unlisted BUSINESS PHONE 278-7351
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Equity Study Commission
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Presently serving on Kids and Cops
EDUCATIONAL QUALIFICATIONS High School Graduate
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
none
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
President. Dan Bursn Oldsmobile
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
PLEASE ATTACH A BRIEF RESUME.
1 HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/) C1../vL /3 Ct../L/rt/.l 2. ~ 7/12/93
SIGNATURE DATE
'.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~~D. lAt\~
\ 7...1.0 . v-i ' ",".\0 '^' h..\J
HOME ADDRESS (Street, City, Zip Code) (LEGAL
3 S- \J~ ~r~ S~+
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 2,\.{ s-q~ t'z.. BUSINESS PHONE 2-l8..7~JL(
NTERESTED IN SERVING l)Oc.-.cJ O-\- G.A S+rv c-hC;"\
S\k o...,^~ \.1\ <2 ~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING Oa HAVE PREVIOUSLY
SERVED (Please inGlude dates)
--1-l\h.A-~ ~\~~t)~ ~d \ ~ 8'\ .
EDUCATIONAL QUALIFICATIONS ~2>\S?r V ~\~ \~ rl- tW~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION 1='~~lL~
~~\- - -
J..,~~JL .l..A c;. .
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD \0 _ 'itS. MA.~~+ ~~\. -h cJV'o... ~
()Jv- \ V'\..
~~ \.;J." c, "t
PLEASE ATTACH A BRIEF RESUME.
THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
ElTURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.....
7~ 13 -u
DATE
/, /on
'.
'.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~
NAME K'of5E Ie / , ;/A Y"E S
L/<-/ /
/.2 S- 0 S c /t Ie It (2:. B 0 /C L A) L5 () Y;U ,F u J ,57 E ~L;.( ;::- L ~ ~'tJ18
HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE)
/8/ S.E .5Th A I/F lJEL,€A-F BEIk:// ~L 33S1c8_5
PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code)
HOME PHONE L/Cj8 73,36 BUSINESS PHONE 278 0-2 (] j
ON WHAT BOARDS ARE yOU INTERESTED IN SERVING E OOC /ll/(]j\./
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR RAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS (/1/J LI/?,ER/)L If /2 T ~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
I
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION .I? C IS S-
a u ( C Ie: f?R-/NT/A)~ - C u-~ A.../ ,::::- /2
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
,
--,0?~3
/ DATE
L../on
'.
,.
.
ROBERT W. HAYES
EDUCATION:
Albion College
BA Liberal Arts - 1969
OCCUPATION:
Self employed printer since 1974
Bob's Quick Printing, Delray Beach, FL
PREVIOUS COMMUNITY INVOLVEMENT:
Delray Beach Jaycees - President
Kingsland Homeowners' Association - Neighborhood Representative
Delray Beach Playhouse - Board of Directors
Noontime Kiwanis -President
Chamber of Commerce - Education Chairman/Executive Committee
Visions 2000 - Attendee
Bond Steering Committee - Member & Speaker
CURRENT COMMUNITY ACTMTIES:
Little League Umpire
S.D. Spady Elementary School SAC-Member
Atlantic High School Key Club - Kiwanis Sponsor
Chamber of Commerce - Chairman Elect
Cobra - Neighborhood Representative
RECOGNITION:
1991 Chamber of Commerce Business Person of the Year
'.
'.
, "
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER t//VI
SUBJECT: AGENDA ITEM i loA - MEETING OF AUGUST 10. 1993
ORDINANCE NO. 47-93
DATE: August 6, 1993
This is the second reading of an ordinance rezoning and placing land
presently zoned R- 1A (Single Family Residential) in the CF (Community
Facilities) District; said land being located on the east side of N.W.
4th Avenue, between Atlantic Avenue and N.W. 1st Street.
The rezoning request involves a change in zoning for six (6 ) vacant
residential lots which are currently used as overflow parking for
Mount Olive Missionary Baptist Church. Rezoning to CF is being
sought to allow the construction of a 42 space off-site parking
facility with attendant landscape improvements. A request for
conditional use approval for the parking facility is also on this
agenda for approval.
The Planning and zoning Board at their July 19th meeting recommended
approval of the rezoning.
At the July 27th regular meeting, Ordinance No. 47-93 passed on first
reading by a 4-0 vote (Mayor Lynch - absent).
Recommend approval of Ordinance No. 47-93 on second and final reading.
p~ 6-0
'.
'l... ,A.
'.
'"
- -- -- - ----. ._--
ORDINANCE NO. 47-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1A (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED ON THE EAST SIDE OF N.W. 4TH
AVENUE, BETWEEN ATLANTIC AVENUE AND N.W. 1ST STREET, AS
THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That 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 at Section
4.4.21 of the Land Development Regulations of the City of Delray
Beach, Florida, to-wit:
Lots 16, 17, 18, 19, 20 and 21, Revised plat of Block
36, TOWN OF DELRAY, according to the Plat thereof
recorded in Plat Book 5 at Page 38 of the Public
Records of Palm Beach County, Florida.
The subject property is located on the east side of
N.W. 4th Avenue, between Atlantic Avenue and N.W. 1st
Street and contains a 0.467 acre parcel of land, more
or less.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, 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 1 hereof.
Section 3. That all ordinances or parts of ordinances which
are 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.
!
I
'.
~ ..
..-----.- . - ---- .---
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.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 47-93
'.
-
~
-
N.W. 2ND STR.
--
- w w w 0
> > > Z
<i <( <( ('oJ
-
-
-
-
~
~
Z CITY
- HALL
I L I 0
~ t- t- O:::
L() -.::t rr)
N.W. 1ST STR.
i-
.-J
~ ~ I COMMUNI TY
CEN TER
~
I-
~
f-
-
- TENNIS
STADIUM
~ ~ 3i -
. . .
Z Z Z
~
ATLANTIC A V E N U E
11111 I
I I
N
MT. OLIVE
BAPTIST CHURCH
~
,.
-G ."
~1C!,L."!
(... I
~ .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~\ID T. HARDEN, CITY MANAGER
~~
THRU: ID J. KO AC~~OR
D~TMENT OF ~LANNING AND ZONING
FROM: - PA~RL~ENIOR PLANNER
SUBJECT: MEETING OF JULY 27, 1993
FIRST READING OF AN ORDINANCE REZONING LOTS 16-21
BLOCK 36 TOWN OF DELRAY LOCATED ON THE EAST SIDE OF
N.W. 4TH AVENUE SOUTH OF N.W. 1 ST STREET FROM R1-A TO
CF.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that" of
approval on first reading of a rezoning ordinance affecting
approximately .5 acres on the east side of N.W. 4th Avenue
just south of N.W. 1st Street.
If approved at first reading a concurrent conditional use
modification request to establish an off-site parking lot
for Mt. Olive Baptist Church will accompany the rezoning
request at second reading.
BACKGROUND:
The rezoning request involves a change in zoning for six
residential lots, each of which are 25' x 135' in size
(approximately .5 acres total). The vacant parcels are located
east of the Mt. Olive Baptist Church and are currently being
used by the church for overflow grass parking. The rezoning
request to CF is being sought to allow construction of an
off-site parking facility.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on July 19, 1993. Two members of the public
spoke in support of the request and none in opposition.
After taking public testimony the Board recommended approval of
the rezoning on a unanimous 6-0 vote.
'.
..
At the same meeting an attendant conditional use modification to
Mt. Olive Baptist Church involving an increase in seating,
establishment of an outreach program and creation of an off-site
parking lot was considered. The first two portions of the
request were considered minor modifications and approved by the
Planning and Zoning Board. The establishment of the off-site
parking lot portion of the request was forwarded to City
Commission with a recommendation of approval.
RECOMMENDED ACTION:
By motion, approval of the ordinance on first reading and
setting a public hearing date of August 10, 1993.
Attachment:
* Planning and Zoning staff report cover
* Parking lot concept plan
y:mt/pd
'.
ijLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --~ STAFF REPORT ---
MEETING DATE: July 19, 1993
AGENDA ITEM: II1.A.
ITEM: Mt. Olive Baptist Church - Rezoning from R-1A to CF
- ~ I ~
- !I I :r f--- ~r L iE IIAU.
- II :r- I I fir I ·
....
N. w. 1 ST S1R.
~ I Rrnrn ~~ -='"' ~ ~
~ ~ ~~FlF3~__ _ _ :
"- ~.~~.- -- ~
t "lIIIIillZ I ~ ~ I I ~llllllllll" I I I!
ATLANTIC AVENUE .t
Tlflll 'II il II I I' 1111111 I I III I I : ~ ~ ~
GENERAL DA T A:
Owner.........................Greater Mt. Olive Baptist Church
Agent.........................Charles E. Broadnax.
Location......................On the east side of NW 4th Avenue,
between Atlantic Avenue and NW 1st
Street.
Property Size.................O.467 Acres
City Land Use Plan............Redevelopment Area '1
Existing Zoning...............R-1A (Single-Family Residential)
Proposed Zoning...............CF (Community Facilities)
Adjacent Zoning........North: R-1A
East: R-1A
South: R-1A
- West: R-1A and CF
Existing Land Use.............Vacant.
Proposed Land Use.............Construction of a 42 space off site
parking lot for the existing
church · II 1. A .
..
" -
)
\
.~.. . wr' '-I H!i...~' \f ~~\ !ot ~'\!I ~ iJ' .;:~ (~
, ' . ',. ~ ~ ~ lI. ~ 1 ~, ,
, , I H!~I ~( ~ U~ h hl ~ ~ ~l h
. . , I
_ I
~._-tYWV5'rREE-r--'- -;-,,-- .. -. ~
1-:..", ~..# --" -.; ----- ',.~'.!--._- .
! ,,""""""""" ..,......,...,..,..,~...""".tI'_~,,.-~-..-- _...~
.,."r . ,1 I
,: ,_:,~~l~;,~ PROPOSED
AiIIt\J _ ~ __ . '..' ":"'~'
, ,...~. - .... .~_ I"
- \~, ~~?<l~r:~~G ' I PARKING LOT ·
.,.' . 'C"A'V"C"N'~' I' I \l
*~~. ", /'- ~, , .
~, ~! I
~~' I ~ I I
0:: ~ i ' I
'. , I .~
'~'I . ~
\ , "....... I IJ'I '.
\<~: /~5.~' "~
~ "" tj
.~~ ') I ! II ii' I n
J I I i"'t+1
~ .
. I'
. -
" I -.~. 1 ' .. ~-- 4" - ...
-.L '..........'1 :.
. I" . I ,I i '--!t .1., IU - I I I I I I I I
lj H I ~ ~ I \ \{ ...~ ~ ,;;::'~~ It -mo'.,... 1 I I ~'-= ~ i
. r \~' ll'~::-': ..cc~! I II I j II~I- __'~ _ ~ i
.II I I ~ I
t' ....---~,~,.~J ~,
If" - , I ~ I
;. , !llll!ti 1 .... f-,.... ; " ' , : II I I - l~
· I ~ H!a I ~ I ' ~ t
I //'''''"" I'. ~ ' l =11 ~- 1~5:thd' '~."I'.
~._ ~ ,.__ ,.t
~ \: ," "\J ,,~
I I ~ ~ :) " \" " ~ l
Ii... I , I. ... t
.. I .. I ,.. 'I~' i"' ~ ........
· ! ~ ' L ~ .' ,- - - :'<
__,_ - , . 'I~' ' .. II ~
" -r . ~ J .. -. --~ f.. ~"T---_--=t.'
, " . =._;,~~,: 'f '"
. l~il~I' ' . I ,~ '.. - '. -'-I' : '
i . 1";' , -,.,;. .~_ t . ~
I.~ - - E ~ U '. . ~
~.\ llh ,:-. ;\ . -.L~ t!
~ 'j ~ ~ ~... . l~ ~ ,~~ !', ~ (~
'\J ' . ] r -. ... I. ~ ... I 4 .
.-. : 'i -, -- - "t l ~::
: ' ' __ _ _ t ' I,f I I " "r-
.... II -- ' - -- -- I '.. !' .. ';
. .. -!' '---- .... ~~ " NORTH
, ' :;~"-: f f . ~--:... ~ ! i ~ ~ ~
:;.'''41'' I, ~-- I '\. ~~~
'..: '., .. i \ ; ; .... t
;: 'f,., ~ : ...
a . I .
t, . , . . I ' .. ~
\ '..~ . ! j il ......
~-l'-' I
: \ ~~ I:
\~~ ! 11 ~ \ ,
L I I '
n __1 \
/""..
V~~#~/ ~
/ \ '
-,~.. '" . -- "
.. ,. \ t \ ~ \ '
~ 1 ~~ f
- .'l ~~ ,
...' oil" i' I
~ ~ i~~,t. ~, I
~..: ~~~~..~~ ,~\..
-
,.
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM :II: lOA . \ - MEETING OF AUGUST 10. 1993
CONDITIONAL USE REOUEST/MT. OLIVE MISSIONARY BAPTIST CHURCH
DATE: August 6, 1993
We have received a request from Mt. Olive Missionary Baptist Church
for conditional use approval to establish an off-site parking lot on
the east side of N.W. 4th Avenue between Atlantic Avenue and N.W. 1st
Street.
This item follows Ordinance No. 47-93 which rezones the affected
property to CF (Community Facilities). Should Ordinance No. 47-93
fail to pass on second reading, then this item would become moot.
The conditional use request involves the construction of a 42 space
parking lot. The land is currently vacant and is being used by the
church as overflow grass parking.
The Planning and Zoning Board at their July 19th meeting recommended
approval of the conditional use request. A detailed staff report is
attached as backup material for this item.
Recommend approval of the request from Mt. Olive Missionary Baptist
Church for conditional use approval to establish an off-site parking
lot on the east side of N.W. 4th Avenue between Atlantic Avenue and
N.W. 1st Street.
p~ 5--0
'. '.'.1
'.
c),f
8M
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ."--DA~.D T. HARDEN, CITY MANAGER
\ '
THRU: ~~Js~~~
D~TMENT, OF PLANNING AND ZONING
aJ ~(j
FROM: PAUL DORLING S NIOR PLANNER
SUBJECT: MEETING OF AUGUST 10, 1993
APPROVAL OF A CONDITIONAL USE REQUEST TO ESTABLISH AN
OFF-SITE PARKING LOT FOR MT. OLIVE BAPTIST CHURCH ON
LOTS 16-21 OF BLOCK 36 TOWN OF DELRAY PLAT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to establish an
off-site parking lot on lots 16-21 of Block 36, Town of
Delray Plat.
The project is located on the east side of N.W. 4th Avenue
between Atlantic Avenue and N.W. 1st Street.
BACKGROUND:
The Conditional Use request involves the construction of a 42
space parking lot on six residential lots, each of which are 25'
x 135' in size (approximately .5 acres total). The vacant
parcels are located immediately east of the Mt. Olive Baptist
Church and are currently being used by the church as overflow
grass parking. A rezoning from R-1A to CF for lots 16-21 was
considered at first reading by City Commission on July 27, 1993
and is being considered for second reading concurrent with this
conditional use request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on July 19, 1993. Two members of the public
spoke in support of the request and none in opposition.
The conditional use request before the Board also included an
increase in seating (108 seats), and establishment of an
outreach program. These two components were considered minor
modifications and approved by the Planning and Zoning Board.
The request to establishment the off-site parking lot was
forwarded to City Commission with an unanimous (6-0)
recommendation of approval.
'.
RECOMMENDED ACTION:
By motion, approve the conditional use request for an off-site
parking lot on Lots 16-21 Block 36 of the Town of Delray plat.
Attachment:
* Site layout map
y:mtolive.doc
'.
:~~2i~~~~1~~~~:~i#~~'~1~~~~h;:A~~ik<i~Lt:'j~~~;;~~~~~""~~~-."~,, J--"'~"'~.~k"____
\
.. . \
.
l
t1:~" :fiiiF1' ,-'-1 l:!!j.. ~~ '.': ~~~ '.' ';~ (~}"~ <i
.. I ~ .. ~I' ~;:, '. ~, ~,t, l .' ~ ~ ~
.,.' r ! I \~a ~ ~ :i[ ~ t ~ . ~ ! n ~; h n
_._, ,/ !.7'1,;.?/:[r- .... .
~ . . ,: -1- -
PROPOSED
PARKING LOT '
I \l
' 'I
, , " .
~,,~II ,to I I
\ \" I
~ " ~ I i I ~ I '
L , l II I J
i '\' ~ I . ..
\ " ~ I \1\ 'Iil,
- i. "~ I I~!i.~' " ~
: {II" I, ' r
'\" ". '\ j .
t~ '1 t: IT I 'Pi : rTI I I r~1
~. ,'" i~ I I II u+~
, I,
" I; ..
"-, w .' .,
~..... " I ..
I --"""1 ~ ' ....
ii1 Il'-!/III ~.~ ~i
_ I W ,,' -_. ~ I
-'~ I~I 1IIII1II ~~ "I
r IJ Llli IJ I I i ~ _1-__.~, - I
11:1:5'1' ill;:1' --- 1./ ;~I I : I ". -" ~~
. ~ .~ . . '" LlJ..J ,
~ !~P .,., l ~ I
~.t ." .~' ~:-:
..........,r.:".. 'C; ~ 1~,."'t:J. ~~l.
"___' ~ '.. I \ "" ~l'
t _ _:1 ~ ~ ..10:'
, \ {, " ' '. . I'.
. I ~ . . , I, . ..
I'" , ~ to- -, ;! :::",
l~ · ~ \ , 'I :'\ '
: ,I ._.__ ' -- " ' "t !
; ~i . -;---- -- ... - \' · ! I .... I
: ----"-,,
'__ I., ! . ~
. - r. ~ I ; ~ ~
\'"., j:~ ~~,
~ 02' ~ ~. l~
~ - I.., ~ I ~ .~;;
, .,,':: ~ I ~ : ~ ~ _1,' :.: ... ~ ~~
-"... :oJ. . ~ t -.; ~;,: NORTH
__ ~ 1 I~ : ~ ~ ~ (
)- - - ~ _.. . '.
\ ,ic ~l.:~
-"- ~.' - ~ ~
\ J . I ~ ~
. .!
I
I ~ \ l
"
;,
.
, \ " ~ I ~
".l==". ... I ,
"'- 1 1 ~ , .
. l ~ i ~ ~
~.~~ ~~'il ; ~i
... " ) . .' I \.
~ "t~" 'Q
~,' ~'';:\~' ~ '-.
"
.
[ITY DF DELRAY BEA[H
100 \J W 1s: AVUJL;E . OEL::iAYB:::"'(>~ =_CRIDA33444 . JS7 74J-7C()fJ
NOTICE OF CONDITIONAL USE
PUBLIC NOTICE #93-103
Pursuant to Section 2.4.2(B)(1)(e) of the Land Development
Regulations of the City of Delray Beach, you are hereby notified
that the Planning and Zoning Board of the City of Delray Beach,
Florida, as Local Planning Agency, will consider a request for
conditional use for the Greater Mt. Olive Baptist Church, as
follows:
A privately sponsored petition to allow a conditional use
modification to the existing church to accommodate an
additional 108 seats and the construction of a 42 space
off-site parking lot.
The existing church and existing parking areas are zoned CF
(Community Facilities).. The proposed off-site parking lot
is currently zoned R-1A (Single Family Residential),
however, a change in the zoning designation to CF
(Community Facilities) is being processed concurrently with
the conditional use request. The existing church is
located on the west side of N.W. 4th Avenue, between
Atlantic Avenue and N.W. 1st Street, and the proposed
off-site parking lot is located on the east side of N.W.
4th Avenue.
A Public Hearing on the proposed conditional use will be held on
Monday, July 19, 1993, at 7:00 P.M., in the City Commission
Chambers at the City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida, for the purpose of receiving public comment.
The development proposal may be inspected at the Planning
Department Office, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, Phone: 407/243-7040, between the hours of 8:00
A.M. and 5:00 P.M. on weekdays (excluding holidays).
All interested parties are hereby notified to appear at said
hearing, in person or by authorized representative, to be heard
on any such issues or properties. PLEASE BE ADVISED THAT IF A
PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PL~~ING AND
ZONING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
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 PROCEEDING IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE
CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. Pursuant to F. S.
286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
July 9, 1993 Alison MacGregor Harty
City Clerk
T f-J::: E F FOR TAL IN ;. Y s M 1-\ T T E ~. ,~
'.
,.
>
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [7...J1
SUBJECT: AGENDA ITEM i /0 B - MEETING OF AUGUST 10. 1993
ORDINANCE NO. 44-93
DATE: August 6, 1993
This is the second reading of an ordinance annexing to the City a
35.427 acre parcel, Taheri property, located on the east side of
Military Trail, south of Linton Boulevard with initial City zoning of
AG (Agriculture).
There are currently two structures on this sitel a single family home
and a barn used in conjunction with the existing nursery operation.
There is no proposal for a change in the intensification of use. The
applicant wishes to annex into the City, and continue the existing
nursery operation under an agricultural holdi~g ~one district.
Accommodating the annexation and affixing initial City zoning of AG is
consistent with the Cityts program for annexation of territory within
its planning and service area. There appears to be no adverse
implications associated with this annexation and zoning
consideration.
The Planning.and Zoning Board at their June 14th meeting recommended
approval of the annexation. A detailed staff report is attached as
backup for this item.
At the June 22nd regular meeting, Ordinance No. 44-93 passed on first
reading with a 4-0 vote (Mrs. Smith - absent).
Recommend approval of Ordinance No. 44-93 on second and final
reading.
f~ 6--0
'.
.
.
----- ~ .-- -- ~
-.- --". -
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUS.E, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner of a parcel of land lying and
being in Section 25, Township 46 South, Range 42 East, Palm aeach
County, Florida, as the same is more particularly described herein; and
WHEREAS, Kiernan J. Kilday, Kilday & Associates, as the duly
authorized agent for the fee-simple owner as hereinabove named, has
requested by petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described ~s
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation; and
. WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described lan~s located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
---~-.- - ----.- ----~~ ._"-- -_.-. ------
The Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4), LESS the West' 40 feet thereof for road
right-of-way, and LESS the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4 ) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
east side of Military Trail, south of Linton Boulevard;
and containing 35.43 acres of land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
i Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
! classification in this ordinance and the tract of land hereinabove
; described is hereby declared to be in Zoning District AG (Agriculture)
I as defined by existing ordinances of the City of Delray Beach.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
inununities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 5. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section.6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
i
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 44-93
'.
... --.-
Section 8 . 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.
MAY 0 R
ATTEST:
City Clerk"
i First Reading June 22, 1993
I
Second Reading
-
- 3 - Ord. No. 44-93
'.
~L I I I I I JEEt I I I I II I I I I. /
)-
I I I I / 1'\.1 I I I I I I I / ~I \.
t! - -lr -
~ - ~
~ ,...- V I I I I I I I I Y. -....J~
IJ
"'</ I I I I I II I II I \/
I I "II I I II I I II I eYJ
H I I f II i - I I I " I I Ll .-
(DlUlA , l.-.l
TOn ~ '-.-- -
CDn'tIl) H I I II I I t-n-: I I 1 I I I .....
T I I I I I I r I Iil I II I If
LINTON . IOULEVA.RD
- - - ......... ............. ~
/ (UNCLI: DAN'S 'i: .s~ -
/ (IOCA-..' ,I.AZA) IIU1SDT) ~~
~(
IS~ AICA. " '""
(UNTON OMS)
L (SOll1H COUNTY ~ ~
llENTA&. HULlM - ~ ~v~~~
..J Cl~)
(WA&.-tWT) :; - ~
_ '--- r-- ~
.' ~ -
I c SOUlM COUNTY - ---
... I'IOf'USlDIUL P&AZA
(I'MASI .) . (ILDODS \ ~ --- -
GIlCM) - - - ~ ~Q::
I -~ ~-~-'" c-.
1 --
L....- -- v)..--
H - -
- - 1 \ - -
...... L - -
- f---- ""'----
.....
~ r--
- I--
/7 T '" ~ -
I I \ ....., '/
~ Ij'.- aT'l' UWlTS -.-..._
. /tr'..'-.'..'..'.
~
... =:0;;;:; .'..---..., . I I r 6
... ~T I -~....-~- 111 I I I
2 ---1 - ~
1" I II I II -
- -
-
-
l-~ -
1
- -
't: ~
l- . r:J::r-r-r- I I r ......
~ -
.r~ ~~
- - @fJJ! IllfN
N I-
1..1 ) f> 11 f T_I I
- "D T AHARt \
PROPERTY I
I
'.
~
4f.
C I T Y COM MIS S ION DOC U MEN TAT ION
.-
TO: ( RO~RT A. BARCINSKI, ACTING CITY MANAGER
\
-^" \:C~'-- ~I\ ~j ~ (j ({,01
FROM: DA~ J. KOVACS, DIRECTO~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 22, 1993
ANNEXATION AND INITIAL ZONING, TAHERI PROPERTY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which effects the
annexation of the Taheri property.with an initial municipal
zoning of Agriculture (Ag).
The property involves approximately 35 acres located on the
east side of Military Trail, south of Linton Boulevard.
BACKGROUND:
Attached is the Planning and Zoning Board staff report which
provides a full description and analysis of this annexation and
initial zoning consideration.
Previously on the City Commission agenda, a public hearing was
conducted on a related Plan (FLUM) Amendment. Since the
requested initial zoning is that of Agriculture, and it is
applied as a "holding" zone, it is appropriate to proceed with
the annexation and zoning action without consummation of the
FLUM Amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of June 14th and forwarded it with a unanimous
recommendation of approval.
At the Board's hearing~comments were entered by Sol Weinberger,
representing Del Aire Homeowners Association, in general
opposition to proceeding. Also, Carol Stanley entered comments
pertaining to statements in the staff report about the location
of a previously identified collector street and characterization
of the hammock grove found on the Blood's Grove property.
"
City Commission Documentation
Annexation & Initial Zoning, Taheri. Property
Page 2
RECOMMENDED ACTION:
By motion, approve the Ordinance on first reading; and schedule
second reading for July 29th.
Attachment:
* P&Z Staff Report & Documentation of June 14, 1993
DJK/CCT.DOC
. .-
.
pLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT --- .
MEETING DATE: June 14, 1993
,
AGENDA ITEM: I1.8.
ITEM: Taheri Property- ABRexation
& Initial Zoning If
(D[WT
~
GENERAL DATA: LIICTOJl
- -
Owner. . . . . . . . . . . . . . . . . . . . MOL Realty Co.
c\o Z. E. Taheri ~ CWI"I
(tOCIo-IlAY PUZA) IIU1lS01Y)
Appllcant................Kieran Kilday MeA.
Kilday and Assoc. (UNTo" DAoQ)
Location.................East side of Military (sount COUtl\'
"OCTAL NUl1ll
Trail, south of Linton CDnDl)
c
Boulevard. . SOU1M CDWI1Y
... r-'lir..s..o..AL NA
(PtiAsr I)
Property Size............35.43 acres
Ity Land Use Plan.......Medium Density
Residential
Proposed Land Use Plan...Transitional
County Zoninq............AR (Agricultural
Residential)
Proposed Zoning..........A (Agricultural
- Holding Zone) (1LOClII
~
Adjacent Zoning...North: POC (Planned Office . 111M)
c
Center) ..
-
East: AR (Agricultural J
-
Residential - pac) 2
South: AR
West: RS (Residential -
Single Family - pac)
and AR
Existing Land Use........Wholesale nursery.
Proposed Land Use........Wholesale nursery.
Water Service............Existing 12" water main
along Military Trail.
Sewer Service............Existing 8" sewer main
serving the South County
Professional Plaza, to
the north of the site. II. B.
'.
I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation on
a voluntary annexation (pursuant to Florida Statue 171.044) with
initial City zoning of AG (Agricultural).
LOR Sections 2.4.5(C) & (D) provide the rules and procedures for
the processing of this petition.
The. subject property is 35.427 acres and located on the east
side of Military Trail south of Linton Boulevard immediately
south of the South County Professional Building.
B A C K G R 0 U N D:
With the adoption of the City's Comprehensive Plan in November
1989 a need was identified for a future school site in the
southwest portion of the city, in the vicinity of Blood's Grove
and the Taheri property (subject prop.erty). In April, 1993 a
request was received by the agent for the Taheri property for
annexation, Land Use P Ian Amendment from Medium Density to CF
and General Commercial, and an initial zoning of CF (Community
Facility) and General Commercial. These land use actions were
to accommodate a ten-acre elementary school and approximately 25
acres of future commercial development.
Subsequent to the submission of these land use petitions the
Palm Beach County School Board tentatively selected property
within Blood's Grove as the site of the new elementary school.
During preliminary review of the requests, the adjacent
neighborhoods expressed opposition to the proposed commercial
designation requested for the balance of the property.
Given the uncertainty of the location of the school site and in
response to concerns aired about General Commercial zoning, the
applicant voluntarily amended his petition to seek a
land use designation of "Transitional" and to continue
annexation but with an A (Agricultural) zoning designation.
PROJECT DES C RIP T ION:
The Future Land Use Map (FLUM) designation and the annexation/
initial zoning items are processed separately. This report
deals only with the subject of annexation and initial City
zoning.
The 35.427 acre site currently has two structures on it, a
single family home and a barn used in conjunc'tion with the
existing nursery operation. There is no proposal for a change
or intensification of use.
The applicant wishes to annex into the City, and continue the
existing nursery operations under an agricultural holding
zon~ng district. ,
'.
P&Z Staff Report
Annexation and Initial zoning of Taheri Property
Page 2
ANN E X A T ION A N A L Y S I S:
Florida statutes Governing Annexations:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an incorporated area of a county which is contiguous
to a municipality and reasonably compact may petition the
governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171. 044 (5)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of Enclaves".
* The owner of the subject property has petitioned for a
voluntary annexation.
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an enclave.
The parcel is contiguous via the South County Professional
Office Center to the north. The parcel does not abut Del
Aire Golf Course to the south thereby not isolating the
Bloods Grove and Foxe Chase subdivision into a separate
enclave.
Consistency between the City and County Future Land Use Map
Designations I
The City's current Future Land Use Map designation for the
parcel is "Medium Density 5-12 units per acre", while the County
Land Use Designation is "MR-5 - Medium Residential 5 uni ts per
acre" . The applicant is seeking a change of the City Land Use
designation to "Transitional". The Transitional land use
designation allows residential development at a density between
five and twelve units per acre and nonresidential development at
an intensity equivalent to that associated with medium density
residential uses. The subject of the designation on the Future
Land Use Map is addressed in a separate report.
Notwithstanding the above information, the City's FLUX
designation will become effective upon annexation and completion
of City Plan Amendment 93-2.
Consistency With the City's Comprehensive Plana
Designated Annexation Area: This requested annexation is
consistent with Policy B-3.4, of the City's Future Land Use
Element which calls for the annexation of eligible properties.
The property is shown wi thin the "designated annexation area"
#2, southeast of Linton and Military Trail.
Provision of Services: When annexation ot property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.l). The following is a
discussion of required services and potential provision levels.
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 3
Police: This annexation will not require additional manpower as
there is limited use of the property. There is no need to
expand patrol areas as the police currently pass the property
while patrolling the City areas to the south and north of the
site.
With annexation, the property will receive a response time from
between 4 minutes (emergency call) and 6 minutes (non-emergency
call) from the Delray Police Department.
Fire and Emergency Services: The annexation of this area will
not require additional fire fighting nor para-medic equipment or
manpower. The property will be served by Fire Station No. S
(Germantown Road and Linton Boulevard) which is located
approximately one mile away.
With annexation, the property will receive an improved level of
response time from the current 2 to 3 minutes of the County Fire
Department (Pheasant Walk station) to 1 minute for the City Fire
Department (Germantown Road and Linton Boulevard).
Water: The existing nursery operation currently utilizes a well
for all water use. The parcel has access to a 12" water main
which runs along its property frontage down the east side of -,
Military Trail. Full water service is available to the
property. The responsibility for connections rests with the
property owner.
Future development of the property will require extension of the
water main into, and through, the site to its eastern boundary.
Looping of the mains for system integrity north to the South
County Professional Office Center or south to the main wi thin
Del Aire subdivision may be required to accommodate on-site
development.
The 300' required minimum fire hydrant spacing is not met in
this area. The installation of a fire hydrant at the current
point of' entry to the on-site nursery should be programmed.
Until that time, a pumper unit would respond to an on-site fire.
Sewer: The existing nursery operation utilizes a septic field.
The nearest sewer to the site is located north in the South
County Professional Center. It is not required that connection
to central sewer be made at this time.
Development of the property will require accessing lift station
No. 60A which is located west of the South County Mental Health
Facility, approximately 800 feet north of this property.
.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 4
Streets and Traffic: Compliance with traffic concurrency does
not apply to the annexation and initial zoning since a new
zoning designation is not being imposed. Both the current
County zoning designation and the proposed City zoning
designation is'Agricultural.
With future rezoning and/or review of a development proposal, a
finding of compliance with traffic concurrency will need to be
made.
Upon development of the site, a portion of a planned 80'
collector road which will run between Linton and Military Trail
is to be accommodated. With the initial annexation petition a
conceptual plan was provided showing the general layout of a
middle school, the location of the proposed 80' collector
roadway, drainage retention areas and the private development
areas. Although the concept plan is not applicable to the
current annexation request, the following is highlighted to
assure that future development will accommodate it.
The proposed alignment of the collector road was shown
extending east across the property and terminating at the
western edge of a; Qnvlpenm~fttally 8eRslt17~ Hammock stand
on the Bloods Grove property. In the City's Comprehensive
Plan this stand of trees has been identified as an area
which is to be preserved. Preservation of the hammock
grove will require realignment of the eastern portion of
the roadway approximately 200' to the north.
Parks: The current use of the property (nursery) does not
create a demand for park usage. Thus, there will be no change
to this service upon annexation.
Future development of the parcel with resid.ential units will
require compliance with the City's regulations for payment of an
in-lieu parks fee. Currently that fee is established at $500
per residential unit. [Ref: LOR Section 5.3.2.(C)(1)]
Solid Waste: As there is no change in actual land use and there
is no change in destination landfill, there is no impact to
solid waste disposal. However, there will be change in purveyor
of the service.
Fiscal Impacts:
Affect upon the annexed property: For the 1992 tax year the
Taheri property had an assessed value of $798,295. An
Agricultural exemption has been granted for the property; thus,
the taxable value of the property is $194,653.
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 5
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes . Millage With Annexation
Fire/Rescue Mstu 2.3879 Deleted (County)
Library .3885 Deleted (County)
City of Delray Beach 6.2000 Added (City)
city of Delray Beach Debt .9500 Added (City)
+4.3736 Difference *
* Total tax millage in the County is 19.38 mills while in the
City the total millage rate is 23.75 mills.
The Taheri property will have an increase in taxes from
approximately $3,772 to $4,623 a year (an increase of
approximately $851).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply.
Delray Beach Storm Water Utility - This City assessment will be
approximately $27.00 a year based upon the combined impervious
area for the single family structure and the nursery
structure/barn.
Solid Waste Authority - A reduction in collection rates from
approximately, $255.00 to $119.00 a year should be experienced.
Affect Upon City Revenues/Expenses: At the 1992 City millage
rate of 6.20 mills and debt rate of .95 mills, the Taheri
property will provide $1,206.84 and $184.92 respectively in new
ad Valorem taxes to the City per year. This is a total property
tax increase of $1,391.76 a year. In addition, $27/year is to
be realized in the storm drainage assessment.
Additional revenue will be realized through the annual
collection of an occupational license fee for the nursery
operation.
As the property will be utilizing its current agricultural use
per capita reimbursements will not be realized; nor will there
be revenue to the water and sewer enterprise funds.
While the City will not receive any substantial revenue from
this annexation, it will not incur significant demand for the
provision of services.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 6
Z 0 N I N G A N A L Y S I S:
The proposed initial City zoning of "Agricultural" is being
affixed to the entire property to serve as a holding zone
pending the formation of development plans. This designation
will allow the continuation of the existing nursery business as
well as the existing agricultural exemption status. With
further development of the site, the applicant will be required
to submit a formal rezoning request.
The current County zoning designation for the parcel is AR
(Agricultural Residential). The proposed initial City zoning
designation is AG (Agricultural). There is no change in the
actual land use which will occur on the property.
R E QUI RED FIN DIN G S: (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 is 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 has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The applicant is seeking an "Agricultural" zoning district
which will act as a "holding" zoning designation as no
development is contemplated at this time. The agricultural
zone district is considered compatible with any land use
designation when used in this capacity.
Concurrency: Facilities which are provided by, or through, the
City shall be' provided to new development concurrent with
issuance of a Certificate of Occupancy. Thes. facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of an existing nursery
operation and related single family home with no new
development proposed at this time. There will be no change
in the manner in which water, sewer, drainage, and
street/traffic services are provided. Fire, Police, EMS,
and Solid Waste services will shift to a different
provider; however, all these services will be equal to or
enhanced (see annexation analysis for details).
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 7
Compliance with Land Development Regulations:
The existing nursery (agricultural) use is in compliance
with the proposed zoning of Agriculture.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Zoning), along with the required
findings in Section 2.4.5, shall be the bas!s upon which a
finding of overall consistency is to be made. Other objectives
and policies found in the adopted Comprehensive Plan may be used
in making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) Performance standard 3.3.2 (A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
As the property and adjacent parcels are not developed
for residential purposes this standard does not apply.
B) Performance Standard 3.3.2(D) states: That the rezone
shall result in allowing land uses which are de~med
compatible with adjacent and nearby land use both existing
and proposed, or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designation will accommodate the
existing nursery use and acts as a "holding zone"
pending a future development proposal. The existing
agricultural land use is compatible with other
agricultural uses to the west and east and office uses
to the north.
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.
As this zoning petition is an initial zoning designation to
be assigned to property being annexed and the zoning is
essentially the same as exists under current County
regulations, the above section does not apply.
R B V I B W B Y 0 T H B R S:
The annexation is not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DDA (Downtown
Development Authority), or the CRA (Community Redevelopment
Agency) .
. .
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 8
On May 24, 1992 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date a
response has not been received.
Courtesy notices were sent to:
* the City of Boca Raton (within 1/4 mile),
* Helen Coopersmfth (PROD),
* Erminio P. Giuliano (Foxe Chase)
* Saul Weinburger (Del Aire),
* Jim Goggin (Shadywoods),
* Gretchen Bacon (Oakmont)
* Spanish Wells Condo Association,
* Country Lake Association, and
* Shadywoods Homeowners Association.
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of the Taheri property and affixing
initial City zoning of AG (Agriculture) is consistent with the
City's program for annexation of territory within its planning
and service area. There appear to be no adverse implications of
this annexation and zoning consideration. By accommodating the
annexation at this point in time, both the City and the property
owner will be able to more efficiently process any future
development proposal. Also, annexation at this time will
further reduce confusion in the provision of services to
unincorporated areas which lay east of Military Trail.
As stated previously, there is an accompanying land use
designation request being concurrently processed. Technically,
a municipality is to annex property and effect a land use
designation. It appears appropriate in this situation that the
annexation proceed to completion regardless of the action on the
accompanying land use item. We note that the land use action
will provide a more intense designation than is accommodated
under the County FLUM.
This 6onclusion is reached on the basis that the applicant is
completing the annexation and initial zoning process in order to
be in a better position to accommodate future development
options. Except for a minor increase in taxes and fees, there
appears to be no downside to consummation of the annexation.
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 9
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation request with initial
zoning designation of AG (Agricultural).
C. Recommend denial of the Annexation petition with reasons
stated i.e. a failure to make appropriate findings.
S T A F r R E COM MEN D A T ION:
By motion:
Recommend approval of the Annexation request with an
initial zoning designation of AG (Agricultural) based upon
positive findings with respect to Section 3.1.1, Section
3.3.2, Section 2.4.5 (0)(1) and policies of the
Compr~hensive Plan and upon the following findings:
That the property is contiguous, reasonably compact
and does not create an enclave.
That services will be provided to the property in a
manner similar to other similar properties within the
City.
DJX/TAHARXAX.DOC
-
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt/7v/
SUBJECT: AGENDA ITEM # /0 C. - MEETING OF AUGUST 10. 1993
ORDINANCE NO. 48-93
DATE: August 6, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by amending Subsection 4.3.4 (H) (5) (e) to
delete the thirty five percent (35%) size limitation on screen
enclosures in zero lot line developments.
We have received a request from the Guardian Companies, developers of
Clearbrook (Hidden Lake) to amend the LDRs based on requests they have
received from several buyers who wish to construct screened enclosures
which exceed the 35% limitation. Under the regulations the 35%
limitation would prevent a moderately sized home of 2,000 square feet
from having a screened-in pool. A 2,000 square foot home would be
allowed a 560 square foot screened enclosurei the minimum enclosure
required for a pool and deck is 600 square feet.
It appears the rationale for imposing the 35% limitation was to
maintain open space. However, this requirement is already covered
under the Development Standards Matrix which requires a minimum of 25%
non-vehicular" open space per lot. The PRO zone district was created
to accommodate flexibility in design standards. The 35% limitation is
unnecessarily restrictive and appears to be contradictory to that
extent.
The Planning and Zoning Board at their July 19th meeting recommended
that the text amendment deleting the 35% provision be approved. A
detailed staff report is attached as backup material for this item.
At the July 27th regular meeting, Ordinance No. 48-93 passed on first
reading by a 4-0 vote (Mayor Lynch - absent).
Recommend approval of Ordinance No. 48-93 on second and final reading.
f~ j--o
'.
. .
.
---.---"
-~_.- .--- - ~ -------.
ORDINANCE NO. 48-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER. 4, "ZONING
REGULATIONS", SECTION 4 . 3 .4, "BASE DISTRICT
DEVELOPMENT STANDARDS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.3.4(H) (5) (e) TO DELETE THE THIRTY-FIVE PERCENT (35%)
SIZE LIMITATION ON SCREEN ENCLOSURES IN ZERO LOT LINE
DEVELOPMENTS: PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of July 19,
1993, and has forwarded the change with a recommendation of approval;
and,
I
i
: WHEREAS, pursuant to Florida S ta t u te 163. 31 7 4 ( 1) (c) , the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.3, "District Regulations, General provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(H) (5) (e), of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(e) In zero lot line developments only, screened
enclosures may extend into the interior side
setback areas, and but shall not be placed less
than five ( 5) feet~rom the property linet//0t
etieed/3J~/0t//t~e/~et/ltttn~//itei/etil~$tte//0t
~iti~e_J/~ili0nte$t//dei~$t/p0ti~e$i//ind//i0~0n
itei;/s~i*/i;/i0tttd0t$.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
..
"
~-_.- ---.-.-----
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
j reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
I
I
I
I
!
,
-
I - 2 - Ord. No. 48-93
I
I
.
)J(
t~71
A€CCiVt:-.
r L
~UL 2 2 I99J
CITY MA
NAGfR'S
C I T Y COM MIS S ION OFFICE
DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
~~
THRU: D J. KO AC~TOR
DEPARTMENT OF P~ AN~~ZONING
. ~ ~
FROM: DIANE DOMINGUEZ \ . .. '
PRINCIPAL PLANNER \A.l , .A,C,~\
SUBJECT: MEETING OF JULY 27, 1993
LDR AMENDMENT DELETING THE 35% SIZE LIMITATION ON
SCREEN ENCLOSURES IN ZERO LOT LINE DEVELOPMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations which deletes a provision limiting the size of
screen enclosures in zero lot line developments to 35% of
the net living area.
The af fected LDR Section is 4.3.4(H)(5)(e), Base District
Development Standards, Setbacks for screen porches, screen
enclosures, and accessory structures.
BACKGROUND:
The LDRs currently permit screen porches and screen enclosures
in zero lot line developments to encroach into interior side
yard setbacks to within five (5 ) feet of the property line.
However, the size of the enclosure is limited to being no larger
than 35% of the net living area of the house.
The developers of the Clearbrook zero lot line subdivision have
asked that ..t. he 35% limitation be removed. As they have
explained in their request letter, and as depicted in their
illustrations (copies attached as back-up to staff report), this
limitation precl"udes the construction of a screen enclosure
around even a basic pool package, when the pool is associated
with one of their smaller homes.
"
city Commission Documentation
LDR Amendment Re: Screen enclosure size limitation
Page 2
As described in the staff report, the 35% restriction was
originally intended as a means of preserving open space.
However, tying the size of the enclosure to the net living area
of the house is not an effective means of preserving open space.
Open space is more appropriately regulated by the existing
setbacks and by established minimum open space requirements (25%
of the lot size).
For additional explanation and justification of the text
amendment, see the attached staff report and back-up.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of July 19, 1993. The Board voted 5-0 (Currie absent,
Krall abstaining) to recommend that the text amendment deleting
the 35% provision be approved.
RECOMMENDED ACTION:
By motion, approve the following amendment deleting the 35% size
limitation on screen enclosures in zero lot line developments:
Section 4.3.4(H)(5)
(e) In zero lot line developments only, screened
enclosures may extend into the interior side setback
areas, aft~ but shall not be placed less than five ( 5 )
feet from the property linel ~t ettee~ 311 ~t tMe ftet
ll-llftt ate a ettlJ6.ltl-le ~t tatateltl )Salt~ftleltl ~etXItI
p~ttMe~1 aft~ t~mm~ft atea~ ltJ6.tM a~ t~ttl~~t~.
Attachment:
* P&Z Staff Report & Documentation of July 19, 1993
DD\T:35%.doc
,,-
'.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L,D.R. AMENDMENTS
MEETING DATE: JULY 13, 1993
AGENDA ITEM: IlLS.
SUBJECT: LOR MODIFICATION REGARDING SIZE LIMITATIONS ON
SCREENED ENCLOSURES IN ZERO LOT LINE DEVELOPMENTS
LOR REFERENCE: LOR Section 4.3.4(H)(S)(e), Sase District
Development Standards, Setbacks for screen
porches, screen enclosures, and accessory
structures
.
I T E M B E FOR E T H B BOA R DI
The item before the Board . is that of making . a
recommendation to the City Commission on a proposed
modification to the City's Land Development Regulations
( LDRs) . The affected Section is 4.3.4(H)(5)(e) see
Attachment '1.
Pursuant to LDR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and
zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopte~ Comprehensive Plan of the City.
BACKGROUND
The PRO zone district was established in 1977, at which time
setbacks for screen enclosures were the same as for the building
setbacks. At its workshop meeting of October 28, 1980 (see
Attachment '2-minutes), at the request of the Rainberry Bay
.. developer (a zero lot line development) and its residents, the
Planning and Zoning Soard considered an amendment to the PRD
zone district to allow screened enclosures in the setback areas.
The Board's main concern regarding the proposed amendment was to
insure that an adequate amount of open space would be provided
on the individual lots.
After discussion, it was suggested that open space could be
maintained by limiting the size of a screen enclosure in
relation to the size of the house to which it would be attached.
This suggestion was acconunodated in the proposed amendment by
stipulating that screened enclosures could not exceed 35' of the
net living area.
~,~o
"
P&Z Memorandum Staff Report
Screen Enclosure Text Amendment
Page 2
At its meeting of January 13, 1981 upon the second reading of
Ordinance No. 83-80, the City Commission approved an amendment
to the PRO zone district to include a special section regarding
screened enclosures which allowed a side yard encroachment and
limited the size of the enclosure based on net living area.
This same text is currently found in LOR Section 4.3.4(H)(5)(e).
PRO P 0 S BOA MEN 0 M B N T
On June 10, 1993, the Planning and Zoning Department received a
request from the Guardian Companies, developers of Clearbrook
( FKA Hidden Lake), to amend LDR Section 4 . 3 . 4 (H) (5) (e) ( See
Attachment '3 - Applicant's letter of request and exhibits).
This section states that in zero lot line developments only,
screened enclosures may extend into the interior side setback
areas, and shall not be placed less than five (5') feet from the
property line, or exceed 35' of the net living area exclusive of
garages, balconies, decks, porches, and common areas such as
corridors.
The developer of Clearbrook, a single fa~ily zero lot line
development, has received several requests from buyers to
construct screened enclosures which exceed the 35' limitation.
In order to accommodate these buyers, the developer is
requesting that the current threshold of 35' of the net living
area be increased or eliminated.
A N A L Y S I S
The applicant has submitted a justification statement and
graphics (attached) to support his argument that there is no
real basis for the limitation of screened area based on the
living area, nor does it create more open space. The
applicant's reasoning is as follows:
"We find no basis for a limitation of screened area based
on the living area of a home. The 35' limitation prevents
even a moderately sized home of 2,000 SF from enjoying
a screen enclosure around a pool and deck of minimal
proportions. A 2,000 SF home would be allowed a screen
enclosure of 560 SF (based on 2,000 SF minus 400 SF garage
yields 1,600 SF of living area; 1,600 SF x .35 - 560 SF
allowable screen enclosure). A minimal pool and deck
occupies at least 600 SF (see applicant's exhibits)......It
is also noted that the restriction imposed by the 35' rule
is present regardless of lot size..........Only larger
homes could enjoy a screen enclosure around a small pool
which presents a hardship for the purchaser of small and
moderately sized homes. In addition, our research into
other local municipalities codes shows that the majority
limit screen enclosure sizes via setbacks and not
percentages relating to the associated home or lot."
P&Z Memorandum Staff Report
Screen Enclosure Text Amendment
Page 3
It appears that the applicant's justification statement includes
several valid reasons for increasing the 35' threshold or
eliminating it all together. The valid reasons include that the
limitation creates a hardship for smaller homes to provide a
screen enclosure around a standard pool package, the requirement
does not take into consideration the. lot size, and that
regulations by setbacks alone is an accepted means of ensuring
adequate open space.
Staff noted in its research that some municipalities (City of
Plantation and City of Boca Raton), establish setbacks for
screened enclosures in PUD zoning districts with the approval of
the site plan. It was indicated that these setbacks are
generally less restrictive than setback requirements for other
residential districts (see Attachment #4).
· Most zero lot line developments provide for a standard size lot
(i.e. 50' x 100') that can accommodate homes of varying sizes
from 1,000 SF to approximately 2,200 SF. Thus, the open space
for the same size lot varies accordingly with the size of the
house regardless if it has a screen enclosure or not.
In most cases zero lot line developments are located within a
PRO zone district. This district was created to accommodate
flexibility in design standards i.e. smaller lot sizes and less
restrictive setbacks as required in the R-l zoning districts.
In return for smaller individual lots and closer living
quarters, at least 15'-20' (depending on density) of the gross
area of the PRO site must be placed in common open space. This
common open space is generally utilized for recreational
purposes Le. pools, clubhouses, tot lots, and passive parks.
Given the above, it appears that the PRO zone district was
written specifically to accommodate for less open space on the
individual lots. In addition, individual lots are required to
provide at least 25' non-vehicular open space.
. A 8 8 B 88M B If '1' A If D CO. C L U 8 I 0 . 8t
.
In zero lot line developments only, the LOR's limit the size of
screened enclosures by their relation to the Ii ving area of a
dwelling, as well as by setbacks. As has been discussed in this
report, in many cases, that threshold does not allow enough
leeway to accommodate a screen enclosure around a standard pool
package. If the intent of the code is to maintain open space,
this requirement is already covered under the Development
Standards Matrix by requiring a minimum of 25' non-vehicular
open space per lot. It is also noted that the PRO zone district
was created to accommodate flexibility in design standards. The
35' limitation is unnecessarily restrictive and appears to be
contradictory to that intent.
P&Z Memorandum Staff Report
Screen Enclosure Text Amendment
Page 4
The 35' threshold could be increased to 50t or more to allow for
greater flexibility, however, there does not appear to be a
sufficient basis for maintaining a limit that is based on net
living area. Elimination of the 35' threshold will not further
the diminishment of open space, as there are other regulations
in place which govern open space i.e. setbacks and minimum open
space requirements. The size of the screened enclosures is more
appropriately limited by the setbacks as allowed in the district
and as modified in Section 4.3.4 (H)(5)(e).
A L T B R N A T I V B ACT ION S
1. Continue with .direction.
2. Recommend denial in that the modification is not consistent
with the Comprehensive Plan, specifically with regard to
open space.
3. Recommend approval to modify Section 4.3.4 (H) (5) (e) for
screened enclosures to increase the 35' threshold.to 50' of
net living area based upon a finding that the modification
is not inconsistent with the Comprehensive Plan.
4. Recommend approval to modify Section 4.3.4(H)(5)(e)
eliminating the restriction that screen enclosures may not
exceed 35' of the net living area based upon a finding that
the modification is not inconsistent with the Comprehensive
Plan.
RBCOMMBNDBD ACTION
By Motion:
Recommend approval to eliminate the restriction that screen
enclosures may not exceed 35' of the net living area based
upon a finding that the modification i. not inconsistent
with the Comprehensive Plan.
Report prepared by: ~\~'~_ Dat~~
Report reviewed by: DateV~
Attachments:
* LOR Section 4.3.4(H)(S)(e)
* Request from Applicant, including Exhibits A,S and C
* P&Z Minutes of October 28, 1980
jcm/t:screntxt
.
ATIXltfNI'Il Sectlon 4. 3. 4 (H) (5)
(e) In zero lot line developments only, screened
enclosures may extend into the interior side
setback areas, and shall not be placed less
. than five (5) feet from the property line, or
,
exceed 35% of the net living area exclusive
of garages., balconies, decks, porches, and
common areas such as corridors.
(f) Any conflicts between this subsection (5),
and the regulations as set forth in
individual residential zoning districts shall
be governed by the provisions of. this
subsection.
(6) s~clal Setbacks: Three types of special s tbacks
are established in rder to provide for preservation of
expansion of roadwa and/or streetscape beautificatio. These
are: special buildin setbacks, special landscape se acks, and
a combination thereof.
(a) Bulldln Setbacks: Within the
special building setbacks, no
structure~Ao~hall be alteryd, erected, or
reconstruce,d: /
, /
* Along OC8~n Boulevard (State Road AlA),
a twenty\foot (2~ setback shall be
provided f'f:pm the "Brockway Line," as
shown in Plat Book 20, Page 4, Public
Records of Palm! Beach County, Florida.
The "BrockwayX Line" shall, be the
"building l-i-~"\ for Lots 1 thru 7
inclusive, B16~k~, Ocean Park, as shown
· in Plat Boo 5, pa~e 15, Public Records
of Palm Be h Count1~ Florida.
,
* Along t Atlant1c' Avenue extend1n
from inton Avanu. to the 195
. Intarc n a, a sixty eIght foot (68')
setba shall be provide~ on both sides
of t centerline. \
,
,
* Wi in the residential dis~rict along
t e west side of S.W. 8th Avenue,
etween West Atlantic Avenue and S. w.
1st Street, a fifty foot (50' setback
shall be provided from the east roperty
, line.
Amd. Ord. 12-91
3/13/91
4336
A~12
MINUTES OF THE PLANNING AND ZONING BOARD ~Rl<SHOP MEETING
COUNCIL CHAMBERS
OCTOBER 28, 1980
MEMBERS PRESENT: Chairman Carey, Blair, Campbell, Plume, Pompey,
Wallin
STAFF PRESENT: Dan Kotull.a, Bob Ermovick, Alison MacGregor,
Gerald Church, John Walker, Herb Thiele
The meeting was called to order at 8:05 a.m.
Chairman Carey suggested that item 12 be moved forward on the agenda
due to the large number of people from Rainberry Bay (a PRO development)
who had turned out for the discussion.
(12) The Board discussed Zoning Ordinance amendments relative to
allowing screened enclosures in setback areas in the PRO Planned
Residential Districts. Chairman Carey said that he had a problem
with the definition of a screened enclosure as proposed by the staff,
as he felt it was not specific enough to exclude the use of certain
types of material, such as clear glass. The Chairman gave an explana-
tion of the intent of the PRO Ordinance, noting that it addresses
itself to a variety of housing, including zero lot line housing on
relatively small lots, and that it places certain restraints on such
( housing because it is dealing with lots which, under the old Code,
would have been considered substandard, and in many cases with oversi~_
houses on small lots. As a result, the Board placed very definite
restrictions on what can be done with the balance of open space on
such lots. He further stated that while the Board is amenable to an
amendment to the Ordinance which would allow screen enclosures to
permit some open air living space for homeowners within the privacy
yards of their zero lot line houses, the Board does not want and will
prohibit any fully enclosed structures or anything that would be
detrimental to the aesthetics of an area. (Mr. Blair arrived at the
meeting at this t~e.) Chairman Carey pointed out that by allowing
the screen enclosures, the Board is allowing a further encroachment
into the setback areas, as well as allowing something that is currently
prohibited within the Ordinance. I t was the consensus of the Board
that the wording proposed by the staff relative to the definition of
a screened enclosure would have to be refined to be more specific as
to exactly what would be allowed. Mr. Wallin said that he would like
it to be stipulated that the proposed amendments would apply strictly
to zero lot line housing in PRO districts. Upon question from the
audience, a discussion followed on the measurements of the screened
enclosures relative to how far they could encroach into ~e setback
areas. Speaking from the audience was Mr. Dick Siemens 0 said that
- because of the varying dimensions of zero lot lines, it would be
C
October 28, 1980
Page 2
difficult to establish a definite width for the screen enclosures
to extend from the principal building, and that the main concern
should be to not allow the encroachment of the screen enclosure to
get so close to the ~ero.lot line wall as to make it look like a
continuous structure. Mr. Ermovick pointed out that by only requiring
a certain amount of space between the screen enclosure and the zero
lot line, this could result in extremely large enclosures being
constructed, and said that there should be some sort of restriction
imposed to insure that a certain amount of open space would be provided.
The Board felt that this was a technical point and instructed the staff
to find out what the worst possibilities might be, and then develop a
formula for determining a minimum open space requirement. Mr. Siemens
suggested that a limitation be placed on the size of a screen enclosure
in relation to the size of the house to which it would be attached.
Chairman Carey said that the item should be referred to staff in order
for them to (l ) refine the definition, (2) put constraints into the
Ordinance, and (3) develop a formula for size as well as for measure-
ment. Several members of the audience asked that the proposed amend-
ments be acted on as quickly as possible. Mrs. Plume suggested .that
the item be dealt with at the regular meeting on November 17, 1980,
at which time the refined ordinance would be reviewed and acted upon.
Mr. Wallin moved that the item be referred to the staff for refinement
.. of the proposed amendments to the Ordinance. The motion was seconded
\ and passed unanimously.
(1) Conditional Use Site And Develo Plan A roval -
din . Ken Jacobson and John Paulsen ere present to request
LI Light Industrial District to Special Activities
District, and he further conditional use an site and development plan
approval to all a governmental office bu' ding 40 feet in height.
The subject prope is in Section 18-46 3, and is located on the
west side of Congres Avenue, between lantic Avenue and the L-32
Canal. The Board revi d the site Chairman Carey asked if
there was a list of the plann for the property. Me. Kotulla
said that there was no lis nd at the use would be defined as
"governmental offices." Mrs. e felt that this would be very
restrictive insofar as the pe ers were concerned. Me. Kotulla
said that if a problem aros in th uture, the petitioners could
always come back and ask r a change 'n the use. Mr. Kotulla had two
comments on the project 1) to require continuous hedge along the
west parking stalls, (2) he asked the titioners to review the
landscape ordinance see if additional Ian cape islands in the parking
area will be neces John Walker discussed . s comments for the
project. Mr. 1<0 la stated that the staff reco nds that the applica-
tion be advert' ed for public hearing and that the ans proceed through
t the various partments for review. Mrs. Plume so mo d. The motion
.....
was secon Upon further discussion, Mr. Blair and irman Carey
'.
A'I'f.ADKm' 13
.
COtleur Via FAX 243-3774 & U.S. Mall
Hearing June 25, 1993
landscape Archil.lclure
~Con,ulting
Graph;c 0eI9'
~~~
City of Delray Beach t~~ l \\.b\~
l~ ~i
100 NW 1 st Avenue
Delray Beach, Florida 33444 S~\" \. ~\~G
~10
Attention: Diane Dominguez ~\~G ...
Request for Zoning Text Amendment V\J-\'\
Reference:
Dear Diane:
On behalf of The Guardian Companies, developer of the Clearbrook project (formerty known as
Hidden lake) located on the west side of Homewood Road in Delray Beach, we are forwarding
a request for a Zoning Text Amendment to the Official Zoning Atlas for the City of Defray Beach.
We request a modification to Section 4.3.4(H)(5)(e) of the Zoning Code which states "'In zero lot
line developments only, screened enclosures may extend into the interior side setback areas, and
shall not be placed less than 5 feet from the property line or exceed 35 percent of the net IMng
area exclusive of garage, balconies, decks, porches and common areas such as corridors..
Specifically, we request a modification to the provision of this paragraph which limits the
maximum allowable screened enclosure to 35 percent of the net living area of the home.
We find no basis for a limitation of screened area based on the living area of a home. The 35
percent limitation prevents even a moderately sized home of 2~OOO SF from enjoying a screen
enclosure around a pool and deck of minimal proportions. A 2,000 SF home would be aJlowed
a screen enclosure of 560 SF (based on 2,000 SF, minus 400 SF for a 2-car garage. yields 1,600
SF of living area; 1,600 SF x .35 = 560 SF allowable screen enclosure) and a minimal pool and
deck occupies at least 600 SF. We have prepared a graphic (attached) which shows a minimal
pool of 12' x 24' (standard Is 15'x 301 with a 5' separation from the dwelling as required by most
building codes and a 3' deck around the remaining three sides; total pool and deck area is 600
SF.
The accompanying graphic illustrates the various home sizes on this project's standard lot of SO'
x 100'. It should be noted that the restriction on screened-in pools Imposed by the 35 percent
rule is present regardless of lot size.
Only larger homes could enjoy a screen enclosure around a small pool which presents a
hardship for the purchasers of small and moderately sized homes. In addition, our research into
other local municipalities codes shows that the majority limit screen enclosure sizes via setbacks
and not percentages relating to the associated home or lot. Attached are copies of the
respective sections from severfll of these codes.
s. A02
1070 E. /ndionIown Rood
Npitw. FIorido 3307
67476336 fAX 575 U86
Diane Dominquez
City of Delray Beach
June 25, 1993
Page Two
We respectfully request the City's consideration of either elimination or modification of this code
provision. Should it be the desire of the City to maintain a maximum screened area threshold
based on living area, we would recommend consideration be given to modifying the current 35
percent threshold to a higher percentage of the net living area of the home exclusive of garages,
balconies, decks and porches.
We respectfully request the City of Defray Beach's consideration of the above matter. Should
there be any questions or any additional support information needed by the Planning staff, please
feel free to contact me.
Sincerely.
.
OEH:cws
OEH#44:cbrook3.deh
cc: Uoyd Hasner. The Guardian Companies
Richard Hasner, The Guardian Companies
-
"
~
0-<
<C~
~~
U<c
<C
~Q
~~
00
" o~
-< 00 ~()
..... ~
~ ~~ ~~
~
~ C"Io ~z
~
>< " ~o 2@~
~ ~ z~
.....
C\1 .........~
~o
" U)
00 ~
<C~
uw
~
~o
<:>
~~
~
Q
W W
. ~ u
g 0 z W
.... ..Jo( c:
..J Q ::J
0( 0::' (/J
. OW 0
!;; c:j 8 8 c:j
W Z Z 0(0 Z
entL, I W W C) ~ r:n
I~...:J 5 en I 0 Z ~~ zer.; -
o. ",8 < f:j 0" f:j'" rIJ
1><0 ",'; ~I;; ...,fIl"8 >-
I ",P. . "z ~!:~~... ....l
W L~-- ~g,~ ~~:C..Jfa -<
" 0 -.... <z
~ ~t ~ L _ _ ~~I~ ~I~ ~ i ~ ~ ~ ~
o ., - ....." z"Z~
< .. ,M' ~'"
0. 0" '" " ~ '" --
a> .:l '" ~ ~ 1S ti ....J Cil ~
.. 0 ""'a> 0 < p:: 0
_ 0 0 .. .:l a> c... .. .:l
a> o..:l .:l ., - .. c-' ,....,
;a ::s g~ '" $ f:l 0 rIJ is
., ::> 0.., '" ....J 0 -
::s ><
-' '
z 0 _.
51 Sl g ., OU:E
.:l .. !: ~ &3Z
< ., .51'" ~ N~
~ .,z .:l..~ .:l
c.. f/1 ZO ~:> U Z
,.. ::> '" . 0. .. Z
.. 0'" ., ".,.,.., Cil
=! ~ iii "'~~ zr.; Cil
_ A:f- ~f-~8 ~(/J 0::
<Ca:l 0- A:O
OZ ~z~oC)~ ()
_ _ _ _ _ -.J I rs. tL, tL, tL, ~ uU ~ Q) 0) CI:J
~ en en en en S E-..J -
- - I g~I~~I$ ~~~ ~~
_--1 C'II....."'ao _Wzo
.". -:c
C) ~en
z~
_0
Q<
~~
-f-
::>~
~en
'.
o
taJ ~
. ~ u
o 0 Z taJ
n- ~ .,,< ..
..J 0 ::J
I < Ct:~ r.tJ
. 00 0
I I t; d go d
z z <u z
taJ taJ taJ rr,
. I U) r&o I taJ Z 0 V.J
:;: ... ..:l :0 ., " Z - Z z .: .....
"'0 go ~ gj Q;:: gj" C/]
><0 ,,:;: <t; ",.,!!l..g r
I . /l.... "z al!:~ al'" ....:l
taJ LLL _ ~ !:t.... .. i:>:.,,!!l -"
" ..., ., .,"' ~ < '"
~ ~ r:J _ _ !l~I~~I~ ~i !~ w ~
() taJT L - - ~1~(W)r- 2:0z'l...,
" <.. . >< . 2:>:
.. ,,"'" i " ., .- .,
!: ." "'!5" .1 z 5 ....:l ~ ...
!2 g ~"o;:i ". Q < 0:: 9
>< l:l.. E-o I' ." '" L. ~
., ."."., ~ 5 ... c-- -
2 g~" I '" fJl 0 C/] ....
i ...,,, ~ ....:lO ~
_ II' ' .
z 0 .- ..
_ " Q OC)'"
::E n- - ., r:l o::z
." _!: :0
< I ... .:;;:>: '" ~~
" I ., ." "'... 0 N
ii: I ~z ()~_..J Z
>- '" ,. z re ~ ~
... :0_ I" c.,
I ... 0'" ., .," . ., -
'" ..:l :>: g " i:i '" ~ r:: z.: ~
o . <0 < ., ... <" .,., ,...
><0" _ ..... "'00:0"" -
I L . /l. <., "Z.." ISg C)
L '" "z ., OZ.,'" C/]
L - ~ - - - - - J I fii~ ~ ~ 98E: ..J~
~ ~ ::J<!S <z
~ r-I L _ _ - gg,.I$~I~ ~Z~ ~~
., ---i - - ... -" -- zo
.. . -:>:
" ., '" . >< 2 .,
r.tJ~() o~
~~;:i ~"
.".,,'" 0:0<
0"" =~
ozr.tJ ~~
~w~ ~r.tJ
AIT\Ul'lI:..\'f i14
Setbacks for Screened Enclosures 1n Other Municipalities:
Palm Beach County: The code provides for a 0' setback on the
zero lot line side, a 2' side setback on the opposite lot line,
and a 2' setback to the rear.
Boynton Beach: All screen enclosures shall comply with building
side yard setbacks, with a minimum 8' rear yard setback.
City of Greenacre81 Screened enclosures shall not project into
any side or rear yard to a point closer than 5' from any lot
line, one foot to any easement.
City of Boca Raton: Screened enclosures must maintain a 7' side
and rear yard setback. Screen enclosure setbacks for a PUD
development are set at the time of site plan approval.
City of Plantation: Screened enclosure . setbacks for a PUD
development are set at the time. of site plan approval.
Zero Lot Line Locations:
Most Zero Lot line developments in the City are found in a PRO
zone district. However, zero lot line developments are allowed
in the RM zone district as a conditional use.
PRO Zero Line Developments:
* Rainberry Lake
* Ralnberry Bay
* Sabal Lakes
* Windy Creek
* Clearbrook
* Sherwood Forest
* Pelican Harbor
* Crosswinds
RM Zero Lot Line Developments:
* Griffin Gate
-
'.
-
'.
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {1X-f
SUBJECT: AGENDA ITEM it 1;2.. A - MEETING OF AUGUST 10. 1993
ORDINANCE NO. 49-93
DATE: August 6, 1993
This is the first reading of an ordinance amending Chapter 110,
"Occupational License Generally" , of the Code of Ordinances to bring
the City's code in compliance with Florida Statutes relative to the
Occupational License Tax Act.
The following items are included in the proposed amendment:
-Requires an occupational license for all permanent business
locations or branch offices operated within the City.
-Requires that applications for licenses be submitted prior to
August 1st of each year.
-Establishes a cut-off date of September 30th after which unpaid
license fees are considered delinquent.
-Establishes a expiration date of September 30th for all
licenses.
-Provides for the transfer of a license when there is a bona fide
sale of the business and establishes the fee for such
transaction.
The amendment also includes a civil action and penalties clause.
Further changes to the code are expected from the Occupational License
Equity Study Committee.
The City Attorney's office has reviewed this ordinance and their
recommendations have been incorporated herein.
Recommend approval of Ordinance No. 49-93 on first reading. If passed
public hearing August 24th.
5/0
'.
-.
"1/
- \
_, f\
:-" ,./ ~
, '
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT L~
RE: AMENDMENTS TO CODE OF ORDINANCE CHAPTER 110 .OCCUPATIONAL
LICENSES GENERALLY. PURSUANT TO CHANGES ADOPTED BY FLORIDA
LEGISLATURE UNDER SB 364
DATE: AUGUST 6, 1993
ITEM BEFORE THE COMMISSION:
- -
First reading of Ordinance No. 49-93 amending Chapter 110 of the
City's Code of Ordinances pursuant to changes adopted under SB
364 governing Occupational Licenses.
BACKGROUND:
SB 364 adopted by the Florida Legislature in 1993 prov.ides for
changes to F .S. Chapter 205, "Occupational License Tax Act." Some
of the changes were made effective immediately and affect the
1993/94 licensing year. Other changes are to be enacted by
Ordinance prior to October, 1995 based on recommendations from
the Occupation License Equity Study Commi ttee that will be
appointed by the Commission at this regular meeting.
Staff is therefore proposing the amendments to specific sections
of Chapter 110 of the Code of Ordinances to be in compliance with
Chapter 205, F.S.
RECOMMENDATION:
Staff is recommending approval to the amendments to various
sections of Chapter 110, "Occupational License Generally," on
first reading and adoption of the same after the required public
hearing.
LB:DQ
B:OLamend.MEM/LCB
'.
ORDINANCE NO. 49-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 11,
"BUSINESS REGULATIONS", CHAPTER 110, "OCCUPATIONAL
LICENSES GENERALLY," OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 110.02, "LICENSE REQUIRED," TO PROVIDE FOR
LICENSES FOR PERMANENT BUSINESSES OR. BRANCH
OFFICES; BY AMENDING SECTION 110.03, "OCCUPATIONAL
LICENSES, DATE LICENSE DUE AND PAYABLE, " TO
PROVIDE FOR PAYMENT DATES; SECTION 110.04,
"DURATION-EXPIRATION DATE, If TO PROVIDE FOR AN
EXPIRATION DATE FOR EACH LICENSE; BY REPEALING
SECTION 110.07 "TRANSFER OF LICENSE," AND ENACTING
A NEW SECTION 110.07 "TRANSFER OF LICENSE," TO
PROVIDE FOR INCREASED FEES FOR LICENSE TRANSFERS;
ADDING A NEW SECTION 110.10 (C) TO PROVIDE FOR
CIVIL ACTION AND PENALTIES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the State Legislature enacted Section 205.065,
F.S., in 1992 to provide that occupational license tax may be levied
on any person who maintains a permanent business location or branch
office with the local municipality for any business, profession or
occupation; and,
WHEREAS, said Section 205.053, F .S., provides that the local
municipality shall sell all licenses beginning on August 1st of each
year and the same will expire on September 30th of the succeeding
year; and,
WHEREAS, said Section 205.043, F.S. , provides that any
business license may be transferred to a new owner and location when
there is a bona fide sale of the business, upon payment of a transfer
fee of up to 10 percent of the annual license tax,. but not less than
$3 nor more than $25; and
WHEREAS, said Section 205.053, F.S., provides for penalties,
including court costs, reasonable attorney fees, additional
administrative costs and a penalty of up to $250; and
WHEREAS, the City Commission of the City of Delray Beach
desires to conform its occupational license ordinance with Chapter
205, Florida Statutes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOW S :
Section 1. That Ti tIe 11, "Business Regulations,. Chapter
110, "Occupational Licenses Generally," Section 110.02, .License
Required" of the Code of Ordinances of the Ci ty of Delray Beach, BE,
and the same is hereby amended to read as follows:
No person shall engage in or manage any permanent
~~~i~~~~ loc~!i2n oE ~ranc~ 2!fi~~ fOE ~ny
business, profession, or occupation set forth in
this chapter, within the limits of this city,
unless a city license shall have Qeen procured
from the' Building Official of the city. One
license shall be issued to each person upon
receipt of the amount hereinafter provided in this
chapter, and this license shall be signed in the
name of the city by the Building Official.
Section 2. That Title 11, "Business Regulations,. Chapter
110, "Occupational Licenses Generally,. Section 110.03, "Occupational
Licenses, Date License Due and Payable," of the Code of Ordinances of
the City of Delray Beach, BE, and the same is hereby amended to read
as follows:
Application for any license shall be made on or
subsequent to August 1st of each year, and all
licenses shall be deemed to be delinquent if not
paid on or be fore September 30th f/JCIr/(i'IJ~!JI of each
year. In the event that September 30th ~~~~~/~
falls on a weekend or holiday, the tax shall be
due and payable on or before the first working day
following September 30th 9~t~'r/AI.
Section 3. That Title 11, "Business Regulations," Chapter
110, "OccupationalLicenses Generally," Section 110.04, "Duration;
Expiration Date," of the Code of Ordinances of the City of Delray
Beach, BE, and the same hereby be amended to read as follows:
No license sha 11 be valid/:VsSMedl for more than one
year and all licenses shall expire on September
30th ~ttpl!Sei t of each year, except as otherwise
provided in this chapter.
Section.!:.. That Ti tIe 11, "Business Regulations,. Chapter
110, Occupational Licenses Generally,. Section 110.07, "Transfer of
License" of the Code of Ordinances of the City of Delray Beach is
hereby repealed in its entirety, and a new Section 110.07, .Transfer
of License" is hereby enacted to read as follows:
-2- Ord. No. 49 -93
"
(A) Any business license may be transferred to a
new owner, when there is ~ bona fide sale of the
business, upon ~!!!ent of !! transfer fee of ~ to
10 percent of the annual license tax, but not less
than $3.00 nor more than $25.00. - - - -
(B) As permitted ~ Florida Statutes, applicable
section of F.S., all business licenses !!!!!y be
transferred for the business for which they were
taken out when there is a bona fide sale or
transfer-of t.he- property -used andemployed in- the
business as stock in trade, but the transferred
license shall not be held good for any longertim~
2r E~Ei2d th!!~ !E2!!! ~~ic~ it ~a~ ~~inallY
issued. The original license shall be surrendered
to and filed ~ith the Building Official at the
time application for transfer is !!!ade, and the
transferred license shall be of the same force and
effect ~ the original license:- Both parties
involved shall be in agreement with the transfer
o! !h~ lice~~e ~~d ~hall ~i~.!! ~ t~~f~!:
~Eli~ation. At th~ ti!!!~ ~.!!Y licen~ is
transferred, the person applying for ~ transfer
shall ~ ~ fee of ~ to .!.Q. percent of the annual
license tax, but not less than $3.00 nor more than
$25.00.
Section 5. That Title 11, "Business Regulations," Chapter
110, "Occupationar-Licenses Generally," Section 110.10, "Delinquent
Payment, Additional Penalities" of the Code of Ordinances of the City
of Delray Beach is hereby amended to include a new subsection 110.10
(C) to read as follows:
ifl ~.!!Y E~~on ~ho ~.!!~~ i!!. ~.!!y busin~ss,
occupation, or profession covered EY this chapter,
who does not ~ the required occupational license
tax within 150 days after the initial notice of
tax due, and ~ho does not obtain the required
occupational license is subj ect to civil actions
and penal ties, including court costs, reasonable
attorney fees, additional administrative costs
incurred as a result of collection efforts, and a
penalty of E.e to $250:- - -
Section 6. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
-3- Ord. No.49-93
Section 8. 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.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-4- Ord. No. 49 -93
'.