01-14-92 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 14, 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.~
COMMISSION CHAMBERS
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RULES FOR PUBLIC PARTICIPATION
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1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The
Mayor or presiding officer may adjust the amount of time allocated at
hisjher discretion.
A. Public Hearings: Any citizen is entitled to speak
on items under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager
to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist, and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you corne up to the
podium to make your comments, kindly complete the sign-in sheet if
you have not already done so.
3 . ADDRESSING THE COMMISSION: At the appropriate time, please step
up to the podium and state, for the record, your name and address.
.AIl comments will be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or
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Agenda
. City Commission Meeting
1/14/92
who become boisterous while addressing the Commission shall be barred
from speaking further to the Commission by the presiding officer,
unless permission to continue or again address the Commission is
granted by majority vote of the Commission members present.
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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.
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AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
S. Approval of Regular Meeting minutes of November 26, 1991,
December 3, 1991 and December 10, 1991.
6. Proclamations:
A. Martin Luther King, Jr. Day - January 20, 1992
B. National Volunteer Blood Donor Month - January 1992
C. Alfred Risker - Happy 100th Birthday - December 22, 1992
7. Presentations:
A. J~dy McConnell, Habitat for Humanity (Boca/Del ray)
B. Delray Citizens for Delray Police - Donation of Monies to
the City's After School Parks and Recreation Program.
C. Government Finance Officers Association - Certificate of
Achievement for Excellence in Financial Reporting.
D. Certificate of Recognition - Fire Station No. 2
Architectural Design.
8. Consent Agenda: City Manager recommends approval.
A. EXTENSION OF THE COMMUNITY POLICING AGREEMENT: Extend the
agreement with Michael D. Wiatrowski, Ph.D. , Florida Atlantic
University until September 1, 1992 in order to complete the
Community Policing project.
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B. AUTHORIZATION TO CREATE A NEW POSITION/POLICE LEGAL
ADVISOR: Ratify the creation of a Police Legal Advisor
position.
C. SERVICE AUTHORIZATION NO. lOA/POST, BUCKLEY, SCHUH AND
JERNIGAN: Approve Service Authorization No. lOA in the amount
of $S,626 for negotiations, coordination, easement descriptions
and preparation of an easement agreement between the City and
Delray Beach Yacht Club for installation of a 16 inch water main
on yacht club property.
D. CHANGE ORDER NO. 7IDATA FLOW SYSTEMS, INC. : Approve
Change Order No. 7 in the amount of $78,79S and increasing the
contract completion date by 30 days, to the contract with Data
Flow Systems, Inc. for the installation of 17 additional Radio
Telemetry and Data Logging Systems.
E. CHANGE ORDER . NO. 2/PAVEX, INC. : Approve Change Order No. 2
which reduces the contract price by $12,202.23 for miscellaneous
utility conflicts, field adjustments and as-built quantities for
the S.W. 4th Avenue and S.W. 10th Street Intersection project.
F. CHANGE ORDER NO. 2/REQUEST FOR FINAL PAYMENT/A.O.B.
UNDERGROUND, INC: Approve Change Order No. 2 which reduces the
contract price by $9,SS2.2S as result of as-built quantities for
installation of fire hydrants in the Tropic Palm Subdivision and
approve final payment to A.O.B. Underground, Inc. for completion
of this project.
G. CHANGE ORDER NO. l/REQUEST FOR FINAL PAYMENT/WENGER
EXCAVATING, INC. : Approve Change Order No. 1 which reduces the
contract price by $9,219 as result of as-built quantities for
the Lowson Boulevard Drainage Improvement project and approve
final payment to Wenger Excavating, Inc. for completion of this
project.
H. AMENDMENT NO. 2 TO SERVICE AUTHORIZATION NO. 4/CH2M HILL:
Approve Amendment No. 2 in the amount of $31,176 to the
contract with CH2M Hill for additional services required to
administer two contracts in conjunction with the former Enclave
Improvement project.
I. CHANGE ORDER NO. 2/POST, BUCKLEY, SCHUH AND JERNIGAN:
Approve Change Order No. 2 in the amount of $27,906 for
additional inspection services as required by the OSHA on the
Elevated Storage Tank project.
J. AUTHORIZATION TO APPROPRIATE FUNDING: Approve a request
from the Police Department to appropriate funding in the amount
of $71,000 from the Federal Forfeiture Assets Funds (Account No.
11S-0000-248-99.00) for the purchase of a Mug Imaging System.
K. TEMPORARY TENT PERMIT: Approve a request from the Silk
Garden Outlet to erect a temporary tent on their property at
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City Commission Meeting
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2829 South Dixie Highway from January 1S, 1992 through January
20, 1992 in order to hold a plant sale.
L. TEMPORARY TENT PERMIT: Approve a request from the Church
of Christ to erect a temporary tent on their property at the
southwest corner of Lake Ida and Roosevelt Road for their
groundbreaking ceremony to be held on January 26, 1992.
M. OFF-SITE PARKING OPTION: Exercise the City's option to
establish an off-site (ancillary) parking lot at Atlantic Plaza.
N. AMENDMENT NO l/CRA LOAN PROGRAM AGREEMENT: Approve an
amendment to the agreement between the City, CRA and First Union
Bank which increases the loan limits under the CRA Loan Program.
O. ACCEPTANCE OF QUIT-CLAIM DEED: Accept a quit-claim deed
from STS Land Company for 2S feet of right-of-way located on
N.W. 18th Avenue.
P. FINAL PLAT APPROVAL: Approve a final plat replatting a
portion of the Isles of Delray subdivision.
Q. WAIVER OF LANDSCAPE REQUIREMENTS/KRAFT INDUSTRIES: Approve
the waiver of perimeter landscape requirements for Kraft
Industries.
R. WAIVER OF LANDSCAPE REQUIREMENTS/FIRE STATION NO. 1 :
Approve the waiver of landscape requirements with regard to
perimeter trees for Fire Station No. lo
S. RESOLUTION NO. 1-92: A resolution assessing the costs
abatement action necessary to remove nuisances on 27
properties located within the City.
T. RESOLUTION NO. 2-92: A resolution assessing the costs for
abatement action necessary to demolish an unsafe building
located at 1012A Germantown Road.
U. RESOLUTION NO. 3-92: A resolution assessing the costs for
abatement action necessary to demolish an unsafe building
located on the lot west of 106 N.W. 11th Avenue.
V. RESOLUTION NO. 4-92: A resolution assessing the costs for
abatement action necessary to demolish an unsafe building at 6IS
N.W. 2nd Street.
W. RESOLUTION NO. S-92: A resolution assessing the costs for
abatement action necessary to demolish an unsafe building at 9S
S.W. Sth Avenue.
X. RESOLUTION NO. 6-92: A resolution assessing the costs for
abatement action necessary to board up an unsafe building at
3401 W. Atlantic Avenue.
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Y. AWARD OF BIDS AND CONTRACTS:
lo Water Treatment Plant Lime Softening Projeçt -
Environmental Services - Elkins Constructors, Inc. in the
amount of $3,98S,OOO with funding from Water Plant
Conversion - Buildings (Account No. 447-S164-S36-60.31).
2. Rental Rehabilitation - 219-221 S.E. 3rd Avenue -
International Construction Corp. in the amount of $lS,OOO
with funding from Housing Rehabilitation (Account No.
118-197S-SS4-34.81). Applicants share $lS,3S0.
3. Housing Rehabilitation - various address (listed below
- various vendors as indicated- with funding from CDBG
Housing Rehab <Account No. 118-1963-SS4-60.23):
-117 S.W. 9th Avenue - Gamzo, Inc. - $1Ç),29S.2S
-334 S.W. lOth Avenue - Henry Haywood - $16,6S8.2S
-227 N.W. Sth Avenue - Gamzo, Inc. - $16,836
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period December
10, 1991 through January 10, 1992.
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
Consider an appeal of a Site Plan Review and Appearance Board
decision approving the landscape plan and architectural
elevations associated with the addition of a 36 square foot
walk-in freezer at Dunkin Donuts located on Federal Highway and
Tropic Boulevard.
C. CONSIDERATION OF INITIATION OF ACTION - LAKEVIEW GOLF
COURSE: Consider initiating actions affecting the Land Use Plan
designation or zoning designation of the Lakeview Golf Course.
D. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request
for conditional use approval for a major modification to convert
an existing gasoline station located on the southeast corner of
Military Trail and Atlantic Avenue to a Shell Oil
Station/Mini-mart/Carwash facility. Planning and Zoning Board
recommends approval subject to conditions.
E. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request
for conditional use approval for additions to the Temple Sinai
Building located west of Congress Avenue on the north side of
Atlantic Avenue, between N.W. 24th Avenue and High Point
Boulevard. Planning and Zoning Board recommends approval
subject to conditions.
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F. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request
for conditional use approval for the expansion of the South
County Mental Health Facility located on the southeast corner of
Linton Boulevard and Military Trail, just south of the Boca Ray
Plaza. Planning and Zoning Board recommends approval (4-2 vote)
subject to conditions.
G. PINEAPPLE GROVE PROJECT - CONTRACTOR ISSUE: Consider the
options with regard to selecting a contractor to construct
drainage for the Pineapple Grove Project.
H. SERVICE AUTHORIZATION NO. 3/PEC CONSULTANTS: Approve
Service Authorization No. 3 to PEC Consultants for design and
construction services for an In-line Booster Master Pump Station
at Veteran's Park in the amount of $296,182.
I. CHANGE ORDER NO. l/HAZEN AND SAWYER: Approve Change Order
No. 1 in the amount of $17,00S and increasing the contract
completion date by 4S days, for additional engineering and CAD
operator services necessary for the resolution of errors,
conflicts and missing data contained on the City's Water Atlas
Autocad and Sewer Atlas Autocad drawings files.
J. THIS ITEM WAS REMOVED FROM THE AGENDA.
K. CHANGE ORDER NO. l/ALTAIR MAINTENANCE SERVICES, INC:
Approve Change Order No. 1 in an amount not to exceed $28,840
for additional services to conduct flow isolation measurements
and chloride sampling in lift station basins #1, 8, 17, 18 and
32 in conjunction with the Inflow/Infiltration Program - Repair,
Rehabilitation and Replacement of Sanitary Sewers and Manholes.
L. APPOINTMENTS TO NEIGHBORHOODS TASK FORCE: Appoint members
to the expanded positions on the Neighborhoods Task Force.
M. TENNIS CENTER LIGHTING: Consider voiding the bid awarded
to Ledbetter Electric for the Tennis Center Lighting project
and awarding the bid to American Lighting Maintenance in the
amount of $67,679 with funding from 1987 Utility Tax/Tennis
Center Capital Outlay-Improvements Other (Account No.
333-414S-S72-60.69).
10. Public Hearings:
A. ORDINANCE NO. 87-91: An ordinance amending the Land
Development Regulation to provide parking restrictions for
trucks in the R-1A (Single Family residential) zone district.
B. ORDINANCE NO. 8S-91: An ordinance correcting the zoning
designation for the body of water and lift station located on
the west side of Swinton Avenue approximately 600 feet north of
22nd Street from R-1-A (Single Family Residential) zone
district to CF (Community Facilities) and correcting the
Official Zoning Map.
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C. INTENT TO SELL CITY-OWNED PROPERTY: Consider accepting
an offer to buy City-owned property described as that portion
of Dover Road being 80 feet in width, extending 160 feet north
of Lowson Boulevard and adjacent to Lot 12, Block 2 Sherwood
Park Subdivision.
1lo Comments and Inquiries on Non-Agenda Items for 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. 1-92: An Ordinance rezoning the O.C. Taylor
Dealership located on S.E. Sth Avenue, between S. E . 6th and 7th
Streets from GC (General Commercial) to AC <Automotive
Commercial) . Planning and Zoning Board recommends denial. If
passed public hearing February 11th.
B. ORDINANCE NO. 2-92: An Ordinance amending the Land
Development Regulations to delete the provision regulating
banners from the AC (Automotive Commercial) zone district
regulations. Planning and Zoning Board recommends approval. If
passed public hearing February 11th.
C. ORDINANCE NO. 3-92: An Ordinance correcting the Code of
Ordinances to reduce the gallons of water on which the sewer
commodity charge is based from IS,OOO gallons to 12,000 gallons.
City Manager recommends approval. If passed public hearing
February 11th.
D. ORDINANCE NO. 4-92: An Ordinance amending the Land
Development Regulations to provide that the Board of
Construction Appeals shall hold at least four regularly
scheduled business meetings each year, provided there is
business to be considered. City Manager recommends approval.
If passed public hearing February 11th.
E. ORDINANCE NO. S-92: An Ordinance amending the Code of
Ordinances by enacting a new subsection to provide that the
Clerk of the Court or the Traffic Violation Bureau shall supply
the Department of Highway Safety and Motor Vehicles with a
listing of persons who have three or more outstanding parking
tickets for the purpose of placing administrative stops on the
issuance of license plates or revalidation stickers of those
persons appearing on the list. City Manager recommends
approval. If passed public hearing February 11th.
F. ORDINANCE NO. 6-92: An Ordinance amending Ordinance
12S-88 which annexed Enclave S9 into the City to include
language previously omitted from Ordinance 12S-88 to provide for
extended hours of operation for property located immediately
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City Commission Meeting
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north of the L-32 canal, and immediately south of Lake Ida Road,
between Congress Avenue and the Lake Worth Drainage District
Canal #3 1/2. If passed public hearing January 21st.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. Municipal and County Issues
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with it i;'~t,_:·~~~;J»O> .:.m:~ weStern~un4arY ~f ~."ièal"Delray Beach.
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Letters'
~from'Page9A
his letters as "Dear Westemers." Fully 95 perêent
of the "movers and shakers'" uefrom.the east·and'
that includes the boards and commiASion. Thereis
a . ~desceñdi", attitude toward the'-tveøt .th8t
p~tes the eastern section ofd1ecity.Thi8 at-
titude wøqùite evident when some "westerners;'
~ to ~ P.Ø~tthe beginning of the Old
.se1iool ~ project only to be told: "We-are not
r~ foryo~ ~pJe yet."
--'.May I suggest that the menc:Ung willcommenœ
,wilen East De1ray.drops its. biØ$ against the
western ~òn. We are very Dluch a part ,of the
cií1..Let uø re1D8"'ber tbatDecade ofExee11enœ
bond issue, which beneñts the·~ mostly, would
never have· passed withòut the support of the
voters in the 'Western section of the city. We ~
beacœpted asmore than a m¡Qor revenue source·
- DaVid B. JØar.
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[ITY DF DELARY BEREM
~oo \J 'N 1st AVENUE DELRAY BEACH. FLORIDA 33444 JG7 :...tJ . :.::
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PROCL-UJA lIO;\
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WHEREAS, Dr. Martin Luther King, Jr. was born on January
15, 1929 ; and,
WHEREAS, January 20, 1992, will be observed as Martin
Luther King, Jr. Day in honor of the memory and ideals of Dr. King;
and,
WHEREAS, Martin Luther King, Jr. labored tirelessly to
obtain equality of opportunity for all Americans; and,
WHEREAS, Martin Luther King, Jr. was instrumental in the
advancement of equality for all Americans: and,
WHEREAS, January 20th should serve as a reminder to each
of us of the sacrifices made by some Americans in. order to secure
the rights of all Americans,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim January 20, 1992, as
"MARTIN LUTHER KING, JR. DAY"
in the City of Delray Beach.
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 14th day of January, 1992.
MAYOR
THOMAS E. LYNCH
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CITY DF DELRAY BEAEN
õCO '\j 'N. 1st ";¡'VE'\ILJE DELRAY ôEACH F L':';R IDA 33444 J]" :J: - :,''J
PROCLAJ!A JIOS
WHEREAS, in our community, the Palm Beach Blood Bank
works to meet the goal of 80,000 units of blood per year, and there
is a need for additional healthy, regular volunteer donors to join
the ranks of those who already give of themselves so generously,
because giving blood saves lives; and,
WHEREAS, there are no substitutes or replacements for
blood; and,
WHEREAS, the President of the United States has declared
January to be National Volunteer Blood Donor Month,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the month of January,
1992, as
"VOLUNTEER BLOOD DONOR MONTH"
in the City of Delray Beach and urge all citizens to pay tribute to
those among us who donate blood through our local blood center, the
Palm Beach Blood Bank. I further urge citizens in good health to
donate regularly and civic groups, service and religious
organizations, and businesses, if they have not done so, to form
blood donor groups to provide blood for others.
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 14th day of January, 1992.
MAYOR
THOMAS E. LYNCH
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Office of ,he Mayor
. þ,trtaø: Mr. Alfred Risker was
born in Mobile, A abama, in the year 1892; and,
WHEREAS, Mr. Risker has been a resident of Delray
Beach, Florida, for the past 3S years; and 4
WHEREAS, Mr. Risker is a member ~
of St. Matthews
Episcopal Church and the Nacirema Club; and,
,
WHEREAS, Mr. Risker is now in his 100th year; and, ¡
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WHEREAS, on December 22, 1992, Mr. Risker will ,
celebrate his 100th birthday,
j NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the Commission
J and the citizens of the City of Delray Beach, do hereby
extend best wishes and hope for a' safe and happy 100th
¡ year to Mr. Alfred Risker.
i IN WITNESS WHEREOF, I have hereunto set my hand
i
j and caused the Official Seal of the City of Delray Beach,
I Florida, to be affixed this 14th day of January, 1992.
,
MAY 0 R
, , , THOMAS E. LYNCH
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IS COMING TO TOWNIII
We will soon start building our first house in
Delray Beach at 418 SW 5th Avenue
and
WE NEED YOUR HELP
Accountants, Bakers, Carpenters, Drywallers, Engineers, Farmers, Grocers,
Husbands, Ice Cream Vendors, Janitors, Kitchen Helpers, Landscapers, Ministers,
Nurses, Obstetricians, Policemen, Quick Thinkers, Rabbis, Seniors, Tailors, Uncles,
Valedictorians, Wives, Xylophonists, Young People and Zoo Keepers..........
Come meet with us and hear our plans -
Come volunteer -
Help us build 6 Delray Beach houses
in the next 2 years......
WHERE: CARVER MIDDLE SCHOOL
(3 BLOCKS SOUTH OF ATLANTIC BLVD ON SW 12TH
STREET AND TURN WEST ONTO 3RD STREET»
WHEN: WEDNESDAY, JANUARY 22 AT 7:30PM
WE build simple but decent houses for people in need.
WE are all volunteers and have no paid staff.
WE sell houses without pro fit
and with interest-free mortgages.
1F1Y IlAIJIT A T r=()V IlU,"A~IT""
()r= IJ()CA·[)~LVA""
2300 NW Corporate Blvd, Suite #116
Boca Raton, Florida 33431 994-0350
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"A decent house in a decent community
for people in need."
WHAT IS HABITAT FOR HUMANITY INTERNATIONAL?
Founded in 1976 by Millard and Linda Fuller, Habitat for Humanity I nternational is a
partnership of people that seeks to eliminate poverty housing from the world and to make
decent shelter a matter of conscience and action, By having needy and affluent people work
together in equal partnership, Habitat builds new relationships and a sense of community as
well as new housing,
HOW DOES IT WORK?
Through tax-deductible donations of money, materials and volunteer labor, Habitat builds
and rehabilitates various homes with the help of the future homeowners, Houses are sold at
no profit to partner families with no-interest mortgages issued over a fixed period, Costs of
homes differ relative to land, labor and materials. Small monthly mortgage payments,
including taxes and insurance, are repaid over an average of 20 years and deposited into a
revolving "Fund for Humanity", which supports the construction of more houses.
HOW DOES THE PARTNERSHIP WITH HOMEOWNERS WORK?
Habitat is not a giveaway program, but is a joint venture in which those who benefit are
involved in the work at various levels, Each homeowner family is required to invest 500 hours
of sweat equity into the construction of their home in addition to a down payment of
approximately 2% of the sale price, This reduces the cost of the house, increases the pride
of ownership among family members, and fosters the development of positive relationships
with other persons,
HOW ARE THE PARTNER FAMILIES SELECTED?
Families apply to local Habitat projects. A family selection committee chooses homeowners
based on their level of need, their willingness to become partners in the program, and their
ability to repay the loan, Every project follows a non-discriminatory policy of family
selection, Neither race nor religion is a factor in choosing the families to receive houses.
HOW DOES HABIT AT WORK WITH THE GOVERNMENT?
Habitat does not accept government money for construction of new houses, renovation or
repair of existing houses, or the general operating expenses of projects. Habitat does,
however, accept funds for the acquisition of streets, utilities, land, impact fees or old houses
needing rehabilitation, providing those funds have no provisions attached which would violate
Habitat's principles,
HOW WIDESPREAD IS HABITAT FOR HUMANITY INTERNATIONAL?
Habitat for Humanity International is growing rapidly, There are over 800 affiliated projects in
the United States, Canada, and Australia and more than 130 associated projects in 32
developing countries,
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WHAT IS HABITAT FOR HUMANITY OF BOCA-DELRAY?
We are a Habitat for Humanity affiliate, incorporated as a non-profit organization in May
1991, We have over 300 registered volunteers and 500 supporters on our newsletter mailing
list. We will complete our first house in January 1992 and plan a minimum of 3 more houses
in 1992 and 1 0 houses in 1993, We are an all-volunteer organization with no paid staff.
WHAT GEOGRAPHIC AREAS DO WE COVER?
We have no geographic boundary limits but initially will build houses in Boca Raton, Delray
Beach and soon, Boynton Beach, We work closely with the affiliate in Northern Palm Beach
County and will be involved in joint projects.
WHO CONTROLS AND MANAGES HABITAT FOR HUMANITY OF BOCA-DELRAY?
Our Habitat is controlled by a Board of 15 local people who meet twice monthly to establish
policy and monitor operations, Day to day operations are managed by an Executive
Director, who coordinates the activities of the following permanent committees using
volunteers:
- Resources (Fundraising)
- Family Selection and Support
- Design, Building, and Construction
- Site Acquisition
- Communications and Publicity
- Home Sales and Legal
- Personnel and Volunteers
- Administration and Finance
HOW CAN I HELP?
Become a volunteer! Spread the word! Make a contribution - either money or materials! We
need help in all committees as well as "hands-on" workers, experienced and inexperienced.
If you don't know how to build a house--we'lI show you how! Come join us in a
PARTNERSHI P OF CARl NG PEOPLE.
HOW CAN I LEARN. MORE ABOUT THE NEW BOCA-DELRAY AFFILIATE OR APPLY FOR
A HABITAT HOUSE? Call the Habitat for Humanity of Boca-Delray office at (407) 994-0350
and leave a message or talk to one of our volunteer office staff,
TAX-DEDUCTIBLE DONATIONS MAY BE SENT TO:
Habitat for Humanity of Boca-Delray
2300 NW Corp orate Boulevard, Suite 116
Boca Raton, Florida 33431
If your business has a matching grant program,
you may double or triple your donation.
HELP US.....HELP PEOPLE.....HELP THEMSELVES
Beri.sed 11 /13/91
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D~c~ 'nb~r 1991, Volllrn~ On~ NlIrnb~r 3
FROM THE DIRECTOR FAMILY SELECTED FOR FIRST
HABITAT HOME
Wonderful things have happened. We
now have over 300 volunteers and many The Jeremiah and Patricia Young family
tradespeople and businesses waiting to has been selected to be the owners of the
work on houses #2 and #3. We don't first house built by HFH of Boca-Delray.
have long to wait!! We are moving quickly Mr. and Mrs. Young have been married for
to purchase several more lots in Boca 18 years and have 3 children; Lakendra,
Raton and on November 26 at 6 PM I will 15, Jeremiah, 13 and Randy, 10. The
¡ ask the Delray Beach City Council for 6 family has lived at 289 NE 15th Terrace in
¡ lots. In return we will agree to build Boca Raton for the past 7 years,
I houses on those lots before the end of Mr. Young, a groundskeeper at St.
1993. If you can, please join us at the Andrews School for 4 years, and Mrs.
Delray Beach City Council chambers and Young, a custodian at Addison Mizner
!i show the support behind our Habitat for Elementary School for 12 years, will
Humanity. (It would be fun if everyone become owners of the house at 164 NE
wears our new (pink!) HFH Boca-Delray 11th Street, Boca Raton, when it is
t-shirt, now on sale at our office.) completed. The projected completion
The next good news is about a very date is January 1, 1992. They were
generous gentleman who had lived in selected from more than 70 applicants.
Delray Beach for 10 years and has agreed The Young family's selection was
to pay for all the costs and undonated based on the Family Selection Criteria of
materials for the next houses in Boca Raton HFH of Boca-Delray, which was outlined in
and Delray Beach...What a boost!..,but we our September 1991 newsletter. The
still need YOUR labor and as much Youngs would probably never be able to
donated materials as possible to complete buy a house if not for the opportunity
these houses. provided by Habitat. They have shown a
Our goal continues to be 14 houses by willingness to work and have shown
the end of 1993. My personal goal is to themselves to be responsible members of
build a community of 10 or more houses, the community. Home ownership will
So, if you have any ideas or know of likely make an enormous difference in all
suitable land to build our Habitat of the lives of the Young family.
community, please let me know,..
I HFH OF BOCA-DELRAY HAS A NEW LOGO I
Thanks to the creative talents of Victor Yue, our Board Member/Architect, we have an
exciting new logo, As you see in our newsletter banner, it's unique to our Habitat.
Thanks, Victor!!
,
.. ~
OVR OFFICE STAFF IS G ROU'ING
When you call the Habitat office, you'll
notice that much of the time you now have "A special thanks to Fran Holcomb for
a real person responding! managing the office thus far." To fill
Thanks to the following this vacancy, we are looking for
volunteers for being in the office someone with experience managing
and fulfilling the many an office such as ours, If you have
administrative tasks that are expertise in this area and have time
growing right along with our ' . . to volunteer, please call Mrs, Gerry
affiliate: Charlene Lee, Lillian Ludeman at the office to talk about
Polisar, Anne Sorrelle and Harry .... what goes on there,
Tarpinian, IN
YOVTH INVOLVEMENT
Youth involvement in Habitat International is Boulevard from 5 PM to 9 PM, Both youth
impressive., But, the youth involvement in groups cooked, served and cleaned up
HFH of Boca-Delray is phenomena!!! Young together in the name of Habitat. Tickets
adults, concerned about others, perform were $4 for adults and $2 for children 12
tasks and arc hitectural feats never and und er, The only p rereq uisite for
dreamed possible! Specifically, the youth attending the dinner was to bring an open
of First United Methodist and First mind, heart and healthy appetite!! All
Presbyterian Churches of Boca Raton proceeds will benefit HFH of Boca-Delray,
diligently worked on a lasagna dinner, The
dinner was held on November 24th at the Jessica Murray
First United Methodist Church on E. Mizner Youth Representative
I jtS I
+
FROM THE NORTH AND SOVTH OF VS S
This colurnn will be devoted to neWG frorn our neig hboro to the North-Habitat for Hurnanity
of Palrn Beach County, ..and to the South-Habitat for Hurnanity of Broward County,
December 1 st is groundbreaking for 2 Welcome to Pat O'Toole, the new
houses in Grandview Heights. Families Executive Director since May, Since Pat's
have been selected for both; a arrival we have completed SOVTH
NORTH husband and wife with 2 2 houses which families
children and a grandmother have purchased.., That's a total of 6 houses
with 4 grandchildren, since our birth in 1987. We have 1 house
und er construction in Deerfield Beach
We are working with West Palm Beach to under the leadership of Bud Osborn. A
get 9 lots deeded to us in Pleasant City wonderful gift of $19,200 was received
and hope to have this settled by April from the employees of an anonymous
1992, mortgage company in Broward County,..
Page 2
~...'",'~ .,e'" .~ ¡¿Y·" "';".' ~."..,..14~)·:ili~¡~;¡_jf~i~IfJi~~iliJllit~¡;;¡l£íitlilti;¡¡;;¡!M¡¡''IiI~~!>;:i,II'"·c<,;¡;¡,m'","
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. . ,
HABITAT FOR HUMANITY OF
BOCA-DELRA Y CHILDREN LEARN WHAT THEY LIVE
IF A CHILD LIVES
Executive Director, Jerry Ludeman
With criticism, he learns to condemn.
Board of Directors With hostility, he learns to fight.
James Beaty With ridicule, he learns to be shy.
Philip Dick With shame, he learns to feel guilty.
Gerry Ludeman With tolerance, he learns to be patient.
Judy McConnell With encouragement,
Betty McGeary he learns confidence.
John McGeary With praise, he learns to appreciate.
Jessica Murray With fairness, he learns justice.
John Truesdale With security, he learns to have faith.
Grant Walker With approval, he learns to like himself.
Victor Yue With acceptance and friendship,
he learns to find love in the world.
Editor
Gerry Ludeman Kristone
"WE HAVE RAISED THE ROOF"
With the enthusiasm and dedication of our
- - - - I volunteers, the const ruct ion of our first
house at 164 NE 11th Street is right on the
WE NEED YOUR FINANCIAL SUPPORT!! I projected schedule,
I Donations are tax deductible and may be In November we really did it! Even though
matched by your corporation. I the volunteers work mainly on Saturdays,
I Please send your checks to we probably broke all the records of
2300 NW Corporate Boulevard, Suite 116 I construction. It took us only 3 hours to
Boca Raton, Florida 33431 build the exterior wall of the entire house
I I and another 3 hours to erect all the roof
I am enclosing a check for $__________. trusses! The roof is on, shingles and all.
I Name ----------------------------- I With much help from Flip, Billy and John as
well as many helping hammering hands, not
I Address --------------------------- I only were the shingles applied but they
even came out straight! Drive by and have
C't Zip a look at our Habitat home, The house is
I Iy_____________________ _______ I really taking shape with the completion of
Phone ------------------ the structural work, We are anxious to
I - - - - ---1 begin the finishes, the interior partitians and
-
the plumbing and electrical work.
SPECIAL THANKS to Deerfield Builders'
This newsletter was printed by Supply who at the last minute filled in some
Minuteman Press with a donation from much needed odds and ends.
MARTA AND JIM BA TMASIAN.
Ron Rindler, General Contractor
Victor Yue, Architect, Barretta Associates
Page 3
í
,
,
þ .
OUR VOLUNTEERS
Habitat is run by volunteers and we Some of the churches and organizations
have certainly had a wonderful involved in working are:
response to our call for workers. As I
write this, the house is ahead of Advent Lutheran, B'nai Brith, Boy Scouts, First
sched ule and this is due to the United Methodist, First Presbyterian, Key Club
volunteers coming each Saturday and of Boca High, St. Joan of Arc, St. Paul's
doing a full day of work. Our next Lutheran, Unitarian Universalist.
newsletter will list the individuals who
labor on Saturdays!
We always need more volunteers If you are interested in helping in any way,
and when we are building more than please call the office at 994-0350 and leave a
one house at a time this will be message that you would like to work or call
especially necessary. We usually run me at 498-0354..
two shifts; one in the morning 7:30 AM
til noon, then an afternoon shift from Come and join the experience of truly "Ioving
1 :00 to 5:00 PM. thy neighbor."
We have had lunches prepared by
First Presbyterian of Boca and Advent Judy McConnell
Lutheran. McDonald's and Burger King "Saturday Volunteer Coordinator"
have provided us drinks.
.,
~ " OUR BIG-HEARTED BUSINESSES don"ting m"te,i"ls & sewice
fo, ou, 1st house
AN Engineering Company Jalas Construction, Inc.
Barretta Architects Jenkins & Charland Consulting Engineers
Brevard Truss Kevin Holler Landscaping
C&F Construction Kroeger Electric
Bug Masters Manzi Security Systems
Contract Flooring of Boynton Beach Moses Moore Company
Walter Cornnell Engineering National Sprinkler
Deerfield Builders Supply NSA Water Filtration
Doby Building Supplies Personalized Air Conditioning
Frederico Equipment Company Plumbing Mart
GL Max Concrete Finishing Prestige Kitchens and Baths
Goodrum Landscaping Rice Concrete Pump
Gulfstream Lumber Sawgrass Construction
House of Appliances Sorrelle Masonry
Hydro Pak Southeast Roofing Contractors, Inc.
I ntralock Concrete Block Southern Electric Supplies
I mtex, Inc. Tropical Drywall, Inc.
Vernon Electric
Page 4
.."_.._ 1M -- J¡FV1"r-'"'''''PJI~~~~~''~_.¡'dll!.:c'''TII","'''''"'''''''''''''''"''''C·'""_·~'·'''·''·' ........
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T-SHIRTS T-SHIRTS T-SHIRTS T-SHIRTS
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Color is Boca pink with aqua logo
Now available for $' 0.00 each in the Habitat office !!
Call the office and make sure someone is there
OR
Send for your Habitat t-shirts today
(to be mailed only to South Florida)
I Please send me Medium size @ 10.00 ea I
= Large size @ 10.00 ea I
I _ X-large size @ 10.00 ea
postage X @ 2.50 ea I
I Make check payable to HFH of Boca-Delray I
I 2300 NW Corporate Blvd #116 TOTAL $ I
Boca Raton, FL 33431
I MAIL TO: Name I
I
Address I
I
City State Zip Phone I
I
. J
~
- .
WELCOME DELRAY BEACH A IICONCRETE" PROBLEM
Our name, Habitat for Humanity of We have a problem.....our first house has
Boca-Delray reflects our poverty housing an unpaid bill for concrete of almost
concerns in two cities; Boca Raton and $2,000 and not enough in the building or
Delray Beach, Members of our boa rd checking accounts to cover this
recentfy met with Lula Butler and Dorothy expense.,., We have received a number of
Ellington of the Delray Beach Community very generous donations but still have a
Development department to discuss our start shortfall.
in Delray Beach. We received an
enthusiastic response and have submitted a This is a CRISIS CALL!!.....We want to pay
proposal. We will present details to the city our bills on time and we need your
commissioners at their 6 PM meeting on help...Anyone out there, please send your
Tuesday, November 26. Please try to attend donations however smaiL.., They all add
this event and show your support...Your up to building a house.
Board of Directors will be there!
UUFBR
We will ask for 6 buildable lots along with PLEDGES FOR HABITAT
the forgiveness of all permit, impact, sewer,
and water fees. If the city agrees, we will On October 11 a reception was held for
agree to build 6 houses before the end of individual members of the Unitarian
1993. That's 6 Delray Beach families living Universalist Fellowship of Boca Raton to
in a home of their own that today is just a solicit pledges to our Habitat for
dream... This will be a real challenge for us Humanity. It was rewarding evening -
but we can do it! We have a general 70% of the members who attended the
contractor, Fred Griffin, who will build our reception made pledges which totaled
first house in Delray Beach and Elizabeth $1700 a year for the next 3 years -- over
Debs, a local architect who will design that $5,000 in one evening.
house....But we still need a lot more....We
need the involvement and support of Delray Many, many thanks to these generous
Beach churches, synagogues, businesses, people! A special thanks to Pat and
and the people....So tell your friends and Wayne Ezell for organizing the reception!
neighbors and... WELCOME DELRAY BEACH!
FAMILY SELECTION COMMITTEE REPORT
The Family Selection Committee is pleased to have played a part in selecting the Patricia
and Jeremiah Young family to join us as Habitat partners. It has been a difficult and
rewarding task to be able to present this deserving family to the community.
We will select 2 more families to buy Habitat houses within the next 2 months; one house will
be located in Delray Beach and the other in Boca Raton.
It is easier forthe families to complete the required 500 hours of IIsweat equityll if they are
chosen early. Families have incentive to work on their own houses or those of others if they
know they're in line for a house, Friends and relatives may provide part of the required
sweat equity.
We have received applications from many families for low cost Habitat housing, We would
like to receive more, especially from the Delray Beach area. We would appreciate help in
locating families that meet our criteria, Help would also be appreciated in getting their
applications filled out and submitted to our committee. Please contact the office if you
have any questions or need applications for low cost Habitat housing.
Philip Dick, Director, Family Selection Committee Pag~ 6
l_I~D III J__ J.rr1"T'-re::r1 IJ .¡r ~¡¡¡_~'.;¡¡~'''''''"''''_"'''''''''',",.",,~.m''''''' ........
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9 LOOKING FOR THA T
. SPECIAL GIFT?
How about a hammer, or a tree, or a window,
or a door?
Send a gift card for any of these items and help Habitat for
Humanity build houses. These are gifts that can be shared
with a family member or a friend AND with a family in need!
$10.00 buys a hammer $25.00 buys a tree
$50.00 buys a window D $100.00 buys a door ~
D
-
-
The cost of Habitat gift cards is tax deductible
-
Please mail me these Habitat gift cards with envelopes ~·F-Ir
_ hammers @ $10 ea Make check payable to
_ trees @ 25 ea HFH of Boca-Delray
- windows @ 50 ea Mail to
- doors @ 100 ea 2300 NW Corporate Blvd
Suite 116
TOTAL $ Boca Raton, FL 33431
Name
Ad dress
City State Zip Phone
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JUDY McCONNELL moved with her JESSICA MURRAY is a senior at Boca
husband, Dan, from Charlotte, NC to Raton Community High School. She
Delray Beach in June 1990. She worked moved here with her family in July 1990.
with HFH Charlotte but got .. Her interest in Habitat was
really involved when their AMONG OVRSEL VES sparked by watching former
church, Sardis Presbyterian, President Jimmy Carter
decided to give its bicentennial gift to "sweating it out" on a house he
the community by purchasing 2.5 acres helped build for a less fortunate family.
and building the first house to start a
new Habitat affiliate in Matthews, NC. At the First Presbyterian Church where
she is a member, an opportunity arose
Judy and Dan have 4 children, one son to work with Habitat for Humanity.
married, one daughter at UNC-Greens- liAs the newest Board member of the
boro, and two sons at NC State
University. They are members at First Boca-Delray affiliate, I am awestruck at
Presbyterian Church of Boca Raton, the dedication, generosity and genuine
where Judy is active on the Mission concern for the less fortunate of
Committee and chair of the Hunger Boca-Delray who sometimes go
Com m ittee. unnoticed. I enjoy working with Habitat
very much. The time it has taken from
Judy is on the Board of Directors of groundbreaking to roofraising is just
HFH for Boca-Delray and coordinates incredible. My attitude about Boca
our Saturday construction volunteers. Ratonians has done an about face since
becoming involved with Habitat for
Humanity. II
. Jessica is our Youth Coordinator.
.
1't+++
Pag e 8
12/31/91 TO: City Clerk for 1/14 Agenda
c: Joe Weldon
DELRA Y CITIZENS for DELRA Y POUCE
40 S. OCEAN BLVD. m DELRAY BEACH. FL 33483
(407) 278-3364
City Manager David Harden
City of Delray Beach R£b-).': iV~ t
I 'Gi._?' 1,-". ,', '," -,
100 NW 1st Avenue OEC 30 1991
Delray Beach, Fl 33444 c ,'·.r-"'i
CITY IVIf\hiÍ1~~tK~) l)¡h
Re: Delray Beach Holiday Toy Drive
Dear Mr. Harden,
Delray Citizens for Delray Police, Kids and Cops, Delray
Beach Police Department Community Policing Program and
local businesses linked up to organize the 1991 Delray Beach
Holiday Toy Drive. The effort brought together many facets
of the communuity in a joint effort to bring hundreds of
local children a holiday toy. In addition to the actual toys,
donations were made to Delray Citizens for Delray Police. It
was the intention of the Kids and Cops Program to assist the
After-School Parks and Recreation Programs (Carver, Pompey,
and the Community Center) with the purchase of academic
skill building materials for the children.
Delray Citizens for Delray Police along with Community
Policing Department would like to request being placed on
the agenda for the presentation portion of the January 14th
City Commission Meeting. The intent being a presentation
of the monies collected to Joe Dragon of the After-School
Parks and Recreation Program. Thank you for your time and
assistance.
~ere~+VV1-~
perr~onFrancisco, President
cc Joe Dragon, Parks and Recreation
cc Sue Morrison, Clerk's Office
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
/'
FROM: CITY MANAGER /lL! i
SUBJECT: AGENDA ITEM # gA - MEETING OF JANUARY 14, 1992
EXTENSION OF COMMUNITY POLICING AGREEMENT
DATE: January 10, 1992
Previously, the Commission approved an agreement with Dr. Michael D.
Wiatrowski for the development of a Community Policing program. That
agreement was to expire on December 31, 1991. However, provisions
of that agreement permitted the City to extend the agreement should
the terms of the contract remain unfulfilled by the termination
date. Dr. Wiatrowski and the Department are presently in the
process of beginning the second wave of surveys with the community
and the police department. It is anticipated that the final reports
on the Community Policing program will be completed by the end of the
summer. Dr. Wiatrowski has indicated that no further funding is
required.
Recommend extensiòn of the agreement with Dr. Michael D. Wiatrowski
until September 1, 1992 in order to complete the Community Policing
program.
·,
I') , 1111\ ./ . -<\
_ .. V'V ,"-' _:Þ¡I~f
.
Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444·3666 .
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard M. Lincoln, Major
Operations Bureau ~øv
DATE: November 27, 1991
SUBJECT: COMMUNITY POLICING
-----------------------------------------------------------------
-----------------------------------------------------------------
Attached you will find a memorandum originally directed to you by
Dr. Wiatrowski of Florida Atlantic University regarding the
Community Policing Project.
As indicated in this memorandum, the terms of the contract will
not be fulfilled by December 31, 1991, in accordance with the
contract. This is not due to any non-performance on the part of
F.A.U., but rather due to our desire to give the Community
Policing region an adequate amount of time for the before and
after evaluation to be significant.
Therefore, unless you foresee a problem, we will be waiving this
expiration date to an anticipated completion date of September 1,
1992. A final payment in the amount of approximately $18,000
that has already been appropriated will finalize the contract and
will be made at the time the final report is submitted.
RML/ppt
Attachment
cc: Chief Overman
Major Cochrane
Dr. Wiatrowski
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AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
·
police officers.
We are presently in the process of beginning the second wave of the
surveys with the community and the police department. This has
gone on longer than originally planned to give the community
policing program as long a time as possible to operate. I would
like to request that you permit me to have a no cost to the City
of Delrav Beach time extension on this grant to complete the work
which has been undertaken. This will allow me to expend funds
towards the completion of this project. I envision the final
reports being completed by the end of the summer. No additional
funds will be required from the City of Delray Beach to accomplish
this. Thank you for your assistance in this matter.
Sincerely,
JL.d JI~~k
Michael D. Wiatrowski, Ph. D.
..
..
. I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8t'1
SUBJECT: AGENDA ITEM # !E - MEETING OF JANUARY 14, 1992
AUTHORIZATION TO CREATE NEW POSITION/POLICE LEGAL ADVISOR
DATE: January 10, 1992
At the January 7, 1992 workshop meeting the Commission, by consensus,
approved the creation of a new position, Police Legal Advisor, for
the Police Department. This item is therefore being brought before
you for formal ratification of that action.
Information regarding the budgetary impact of creating this position
will be brought to you as soon as the actual costs to implement the
position are known.
Recommend approval of the creation of the Police Legal Advisor
position for the Police Department.
~ txå, (!~
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..
I
;. Delray Beach Police Department ~ ~)
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 -:::::;=- ~~2=.
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM
TO: David T. Harden, City Manager . ~
FROM: Richard G. Overman, Chief of Police ~
DATE: December 10, 1991
SUBJECT: POLICE LEGAL ADVISOR
I am requesting permi ssion to go forward with the request for
Commission approval for the Police Legal Advisor position. Mr.
Kurtz and I have discussed this issue and are in agreement with
the details regarding salary and duties. Please see his letter
to me for details. Below are duties that the legal advisor would
attend to:
· Will be a member of the Chief's Staff and will be present at
all staff meetings, to give input as well as legal guidance
regarding any matter corning before Staff.
· Forfeiture actions which should result in expanded revenues
for the Law Enforcement Trust Fund.
· Conduct in-service training for police officers in areas of
high liability, i.e., search and seizure, search warrant and
filing of prosecution summaries. None has been conducted in
several years from my information.
· Provide legal updates to all personnel in the changes in
laws.
· Provide legal review of defensive tactics and other high
liability hands-on training.
· Review of Policy and Procedure development regarding
legality and EEO concerns.
· Coordinate with the State Attorney's Office on matters
regarding improvement of writing skills of officers in order
to improve the quality of cases filed for prosecution.
· Consult with police officers on aspects of police work that
result in technical defenses to the successful prosecution
of a case.
~
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-....".....--
. .
AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
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· SUBJECT: POLICE LEGAL ADVISOR
December 10, 1991
Page 2
. Prosecution of City Ordinance violations.
. To provide the Police Chief legal assistance ~nd opinion in
personnel matters reference discipline, labor, American
Disability Act, etc.
I feel that it is essential that this position be approved
immediately. There are too many issues of concern facing a
department of this size to believe that we can have anything less
than full and immediate attention to matters of high liability.
Currently, Attorney Susan Ruby attends my staff meetings as often
as possible, and there are no meetings thus far that did not
require legal input regarding actions taken by staff.
Again, I respectfully request your support and would appreciate
the opportunity to move forward as soon as possible.
RGO/ppt
Attachment
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DEll 3 1991
[IT' DF DELRAY BEA[H RECElVEll
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CITY ATTORNEY'S OFFICE Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: December 2, 1991
To: Chief Richard Overman, Delray Beach Police Department
From: Jeffrey S. Kurtz, City Attorney
Subject: Police Leqal Advisor
Attached please find estimated start up costs related to the
Police Legal Advisor position. The initial salary I have set
out for the position is $45,000 as I believe this person should
be an experienced attorney, preferably with a background as a
prosecutor or public defender. I have also included a
secretarial position as I would be disappointed if the work
product out of the office did not warrant a full-time
secretary. In addition to the start up costs I have estimated
budget projections for the next five years. In calculating
those budgets I have projected 7% increases in personal costs
and 5% increases in other costs. As we have previously
discussed, these costs can be fully funded through law
enforcement trust fund monies, not only in the first year of
operation, and assuming no change in current law, in upcoming
years as well.
I would envision that the position would be under my direction
and supervision while being physically located in your
department and obviously working with you directly on a
day-to-day basis. As a member of my office, however, I would
retain the ability to give the individual other assignments
that did not detract from his/her principal duties as a police
legal advisor. Should the position be approved, I would
envision both of us doing a screening interview(s) to find a
mutually acceptable candidate.
I have also attached a portion of my budget statement to the
City Commission for fiscal year 90-91 wherein I have outlined
the duties and responsibilities I feel are appropriate for the
position.
Once you have received these materials, I suggest we get
together and fully discuss the proposal with the City Manager.
JSK: jw
Attachment
poladv2.txt
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City of Delray Beach
Operating Appropriation Justification
Estimated Budget 1991-92
Year 1 - 1991-92 Department: City Attorney
Package Name: Police Legal Advisor
Account No.: Page: ' 1 of 1
Full From
Ele/Obj Explanation Year 2/1/92
11.12 Salaries & Wages - Regular 65,420 43,615
11.13 Salaries & Wages - Part-time -0-
11.14 Overtime - Regular Emp. 250 167
11.21 FICA 5,000 3,335
11.22 Retirement Contribution -0- -0-
11.23 Health, Life, Disability 5,000 3,335
11.24 Workers' Comp 350 235
11.25 Unemployment Compensation 100 67
11. 27 ICMA -0- -0-
33.14 Medical Services 200 200
33.19 Other Prof. Services 1,500 1,000
33.54 Postage - Various 600 400
33.56 Memberships & Publications 2,500 1,835
(Westlaw-$2,000¡ memberships-$500)
33.57 Travel & Training 3,000 2,000
33.58 Auto Allowance 2,400 1,600
(at $200.00 per month)
33.97 Insurance Expense 4,600 3,067
35.11 Office Supplies - various
office and operating
supplies 1,500 1,500
60.89 Equipment - other - 15,000 15,000
Attny desk, cradenza,
chairs 3,000
Sec. Desk, chair 1,200
Computers, modems,
printer, software 7,700
Shelving 500
File Cabinets 1,000
, Dictation equip. 600
Library 500
Typewriter 500
TOTALS 107,420 77,156
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City of Delray Beach
Operating Appropriation Justification
Estimated Budget 1992-93
Year 2 - 1992-93 Department: City Attorney
Package Name: Police Leqal Advisor
Account No.: Page: , 1 of 1
Full
Ele/Obj Explanation Year
11. 12 Salaries & Wages - Regular 70,000
11. 13 Salaries & Wages - Part-time -0-
11.14 Overtime - Regular Emp. 250
11.21 FICA 5,355
11.22 Retirement Contribution 1,600
11.23 Health, Life, Disability 5,250
11.24 Workers' Comp 375
11.25 Unemployment Compensation 125
11. 27 ICMA 4,600
33.14 Medical Services -0-
33.19 Other Prof. Services 1,575
33.54 Postage - Various 625
33.56 Memberships & Publications 2,625
(West1aw-$2,100; memberships-$525)
33.S7 Travel & Training 3,150
33.58 Auto Allowance 2,400
(at $200.00 per month)
33.97 Insurance Expense 4,825
35.11 Office Supplies - various
office and operating
supplies 1,57S
60.89 Equipment - other 1,000
TOTAL 105,330
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City of De1ray Beach
Operating Appropriation Justification
Estimated Budget 1993-94
Year 3 - 1993-94 Department: City Attorney
Package Name: Police Leqal Advisor
Account No.: Page: ' 1 of 1
Full
Ele/Obj Explanation Year
11. 12 Salaries & Wages - Regular 74,900
11.13 Salaries & Wages - Part-time -O-
Il. 14 Overtime - Regular Emp. 250
11.21 FICA 5,750
11.22 Retirement Contribution 1,725
11.23 Health, Life, Disability 5,525
11.24 Workers' Comp 400
11.25 Unemployment Compensation 125
11.27 lCMA 4,925
33.14 Medical Services -0-
33.19 Other Prof. Services 1,650
33.54 Postage - Various 650
33.56 Memberships & Publications 2,750
(Westlaw-$2,200; memberships-$550)
33.57 Travel & Training 3,300
33.58 Auto Allowance 2,400
(at $200.00 per month)
33.97 Insurance Expense 5,075
35.11 Office Supplies - various
office and operating
supplies 1,650
60.89 Equipment - other 1,050
TOTAL 109,725
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City of Delray Beach
Operating Appropriation Justification
Estimated Budget 1994-95
Year 4 - 1994-95 Department: City Attorney
Package Name: Police Leqal Advisor
Account No.: Pa"ge : ' 1 of 1
Full
Ele/Obj Explanation Year
11. 12 Salaries & Wages - Regular 80,150
11.13 Salaries & Wages - Part-time -0-
11.14 Overtime - Regular Emp. 250
11.21 FICA 5,950
11. 22 Retirement Contribution 1,850
11.23 Health, Life, Disability 5,800
11. 24 Workers' Comp 425
11. 25 Unemployment Compensation 150
11.27 ICMA 5,150
33.14 Medical Services -0-
33.19 Other Prof. Services 1,750
33.54 Postage - Various 700
33.56 Memberships & Publications 2,900
(Westlaw-$2,325; memberships-$575)
33.57 Travel & Training 3,475
33.58 Auto Allowance 2,400
(at $200.00 per month)
33.97 Insurance Expense 5,325
3S.ll Office Supplies - various
office and operating
supplies 1,750
60.89 Equipment - other 1,100
TOTAL 118,125
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City of Delray Beach
operating Appropriation Justification
Estimated Budget 1995-96
Year 5 - 1995-96 Department: City Attorney
Package Name: Police Legal Advisor
Account No.: Page: 1 of 1
Full
Ele/Obj Explanation Year
11. 12 Salaries & Wages - Regular 8S,800
11.13 Salaries & Wages - Part-time -0-
11.14 Overtime - Regular Emp. 250
11.21 FICA 6,050
11.22 Retirement Contribution 1,975
11.23 Health, Life, Disability 6,075
11.24 Workers' Comp 450
11.25 Unemployment Compensation 150
11.27 ICMA 5,175
33.14 Medical Services -0-
33.19 Other Prof. Services 1,825
33.54 Postage - Various 725
33.56 Memberships & Publications 3,050
(Westlaw-$2,450¡ memberships-$600)
33.57 Travel & Training 3,650
33.58 Auto Allowance 2,400
(at $200.00 per month)
33.97 Insurance Expense 5,600
35.11 Office Supplies - various
office and operating
supplies 1,825
60.89 Equipment - other 1,150
TOTAL 126,150
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City Commission
August 3, 1990
Page 2
entry level position and anticipate a salary of $35,000
for that person. I t would be my intention to havè that
position filled as soon as possible in the next budget
year, and if authorized by the Commission, we will
immediately begin advertising for that position.
The second attorney position is that of the police legal
advisor, and I would anticipate that this person would
need a little more prosecutorial experience and would
therefore I would anticipate the initial starting salary
to be in the $45,000.per year range. The addition of-this
position is obviously a policy question for the City
Commission and would enable our office to enhance the
service that is being provided to the Police Department.
The addition of the position would allow the department to
more efficiently forfeiture actions resulting in expanded
revenues for the Law Enforcement Trust Fund.
In addition to enhancement of the forfeiture program,
in-house training and legal updates could be provided.on a
regular basis. This is a concept that has been acknow-
ledge by our office and the Police Department as an
important and beneficial goal to implement, however,
beèi{u-se of timing and manpower, limi ta tions wi thin our
offl:èè not-a· :"single training session or seminar has been
conducted by our office for police officers in the 4 1/2
years I have been employed by the City. The police legal
advisor would also be in a posi tion to more fully keep
abreast of the changes in criminal law, especially those
aspects of arrest and search and seizure law that are
under constant challenge and change. The position would
be one of a service position to the officers aiding them
and coordinating with the State Attorney's Office, improve
their report writing skills and being available to consult
with on the subtle aspects of pOlice work that often
result in technical defenses to the successful prosecution
of a case. It is important to understand this position
would not be a replacement of the work done by our office
for the Police Department, but an increase in the services
to the department. The police legal advisor would be an
assistant city attorney working under my direction and not
a member of the Police Department. He/she would, in
.addition to the above cited duties, take over prosecution
of forfeiture actions and city ordinance violations,
however, it would be my intent that they would not be
directly involved in personnel and labor matters to the
extent that those matters arose. Such matters would
continue to be handled by other attorneys within the
office. This would be done because obviously a close
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City Commissl.on
August 3, 1990
Page 3
relationship would develop between the officers and
attorney. Another benefit to having such a position .is
that it would enable the remainder of our office staff
have a lessened load and would be able to better serve the
rest of the City. Depending on the availability of Law
Enforcement Trust Funds, this position could be funded,
along with the attendant secretarial position, out of Law
Enforcement Trust Fund monies. The addition of the police
legal advisor would necessitate the addition of a
secret.arial position to maintain the one-to-one ratio of
secretaries- to .ßttorneys which is an absolute minimum
figure.
2. CAPITAL EXPENDITURES - When Mr. Thiele left the City, he
not only took himself and his vast knowledge and ability,
he also took books, a desk, bookshelves and chairs that
were owned by him, but were being used to benefit the
City. As I suspect it will be unlikely to find a new
attorney similarly equipped, it will be necessary for us
to replace the_ desk, bookshelves, and Florida
Jurisprudenê£ë-Volumes that Herb took with him. Of such
replacement items, the most expensive is the Florida Juris
Prudence set of research books which are very important as
a p~ary research tool. It would be my intention that if
this->i tern of the budget is approved by the Ci ty - . -..,
Commission, we .would immediately order a replacement
Florida Jurisprudence set of volumes so that they would be
on hand prior to the next budgetary year, but would be
paid out of next year's funds. The remaining books and
chairs are necessary to provide the two new attorneys and
secretary place to work likewise we will need to acquire
new computer equipment for them.
In addition to new equipment for the police legal advisor
and secretarial position, the budget, as proposed, contem-
plates purchase of three replacement computers for our
current secretaries. The City Attorney's Office network
computer _ system was· originally purchased in 1984 and
although it may have been adequate for that tim,e period
despite some updates, it has proved inadequate for our
current needs. T~~re is a lack of memory availability anà
with that a resulting lack in the speed of the machines
and the ability of the machines to handle new processes.
Therefore, I propose upgrading the hardware by replacing
the three computers that are currently allocated to the
secretaries with new computers having a much greater
memory capacity. Furthermore, as part of the transition,
the computers the secretaries are using will be passed on
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DELRAY BEACH POLICE DEPARTMENT ~
MEMORANDUM
TOI Chief Richard G. Overman ~}
FROMI Maria C. Altieri, Police Plannel""!/
Support Bureau
DATE I January 3, 1992
SUBJECT I POLICE LEGAL ADVISOR - FURTHER JUSTIFICATION'
========================================================================
I have further information regarding the Police Department's request for
a Police legal Advisor; these justifications are in compliance with your
and City Manager David T. Harden's requests.
Mr. Harden's memorandum of December 17, 1991, addressed several issues
concerning what would be a new position to our department I
1. What is our backlog of forfeitures?
2. What ordinance violations are not being prosecuted which might
be?
3. What kinds of problems have we had due to the lack of the
types of training outlined in your December 10, 1991, memo?
4. How frequently have these problems occurred?
5. Overall, how is the department being hampered by the lack of
this position?
Before addressing the above, I understand the legal Advisor 1.S to be a
member of the Chief's staff whose basic function is to provide legal
guidance regarding any matter concerning the Police Department. The key
is "accessibility" when addressing matters of immediacy; the legal
Advisor wi 11 be present at all staff meetings to expound upon ambiguous
areas concerning legalities as well as interpretation of policy issues
which arise on a continual basis. The l ega 1 Advisor would also provide
the Police Chief assistance and opinion in personnel matters reference
hiring, firing, discipline, labor, American Disabi Ii ty Act, and EEO
concerns.
One of the main needs for a Police legal Advisor is the processing of
confiscated vehicles and the expeditious disposition of money and
property through the court system. This department has experienced a
tremendous increase in the number of vehicles, monies, property, etc.
that is confiscated for illegal acts; on an average, our officers are
confiscating 3.5 vehicles per week. Although the turnaround time for
te C;I,/ ('"j ¡ .., \ \ ! ,. I
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1)<''1;,,\
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POLICE LEGAL ADVISOR
January 3, 1992
Page two
processing these vehicles should only be a week to ten days, Administra-
tive Lieutenant James J. Twitty advised that there are vehicles current-
ly in our custody that were seized in 1989. This backlog can be
attributed to the lack of timely advisement in legally complex matters;
although the Ci ty Attorney's office is of considerable assistance when
we can be accommodated, our issues are not necessarily high priorities
when weighed against the City Attorney's current caseload.
The length of time a vehicle is held can mean loss of revenue to the
department either in administrative fees or asset depreciation; for
every vehicle returned to its owner, the department collects $250.00 in
administrative fees, and for every vehicle awarded to the department
through the court system, the department either keeps the vehicle to add
to its fleet or auctions it for revenue towards the Law Enforcement
Trust Fund (per Lt. Twitty, we collected approximately $28,000 in 1990).
We have a situation in which a vehicle is being housed at the city's
compound that is in such a state of dilapidation (it was seized in 1989)
that it won't have significant monetary value once it becomes ours to be
auctioned. Lt. Twi tty indicated that there are as many as 17 seized
vehicles taking up space in our back loti the affidavits are signed and
ready to be processed, but as to when (given the City Attorney's sched-
ule) is not a question that can be readily answered.
When the vehicles are not expeditiously removed from our custody, they
are subject to vandalism; and as we are, by law, responsible for return-
ing the vehicles to the owners in their original state, liability
expenses are incurred. In the meantime, we have vehicles maintained in
our lot that have been subject to anything from stereo to wheel thefts
which creates a monetary as well as a claims experience loss to the
department.
There is another factor to consider, and that is the time it takes to
process and monitor seizures. Lt. Twitty advised that he spends as much
as an hour and a half per day (which translates into 7.5 hours per week)
processing vehicles, negotiating with owners, and meeting with the City
Attorney's office to assure compliance with State Statute simply on this
aspect of his job. A Police legal Advisor could more adequately negoti-
ate and assure the expeditious processing of seized property, given
his/her knowledge and experience in such matters, as the position would
solely service the needs of our department. It would also be the legal
Advisor's responsibility to notify lien holders/owners of property
seizures as well as monitor a case's outcome.
The second need for a Police Legal Advisor is illustrative in my find-
ings through the City Attorney's of·fice that they are not prosecuting
ordinance violations, nor have they been for quite some time. I under-
stand that violations such as "open container/consuming in public" or
"illegal burning" constitutes arrests for the department, but not
necessarily successful prosecution. The State Attorney's office handles
.
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POLICE LEGAL ADVISOR
January 3, 1992
Page three
the prosecution of city ordinances and City Attorney Jeff Kurtz
indicated that we have lost whatever controls or monitoring system to
assure prosecution in the best interests of the city. Should we have a
legal Advisor on staff, we can reserve the right to prosecute our own
ordinance violations.
Relative to training issues, Major Cochrane advised that currently the
department has had no training in legalities other than what is provided
through the State Attorney's office. Theirs is a legislative review
training course which is given once a year for a half-day session. Any
other legal training is through the academy or career development
classes at Palm Beach or Broward Community Colleges. Other off-site
classes touch on legal issues, but not as astutely as an on-staff legal
Advisor could. The person in this position would provide training to
and consult with police officers on aspects of police work that result
in technical defenses to the successful prosecution of a case;
speci fica11y, areas of high liability: 1) search and seizures, 2) Fourth
Amendment rights, 3) speedy trial issues, 4) laws of evidence, S)
writing sea rch warrants, 6) fi ling of prosecution summaries, and 7)
other issues relating to staff training on EEO, Affirmative Action, and
interviewing strategies.
Another area that requires the attention and expertise of a l ega 1
Advisor is instruction in quality writing ski lIs for affidavits.
lieutenants throughout the department can attest to an ongoing problem
in which case outcomes were not to our advantage because of unclear or
poorly wri tten reports and warrants that could not be expeditiously
processed or successfully prosecuted. If a report, warrant, or
prosecution summary does not stand alone on its legal merits because it
is not written properly, then the possibility exists that there will be
no chance of the decision being held in the city's favor. The legal
Advisor could review filing packets to assure that all information is
appropriately documented for the State Attorney's office, thereby
minimizing any administrative delays.
Overall, an in-house Advisor would be accessible for consultation on the
merits of a case, on whether or not a police officer made a good arrest
based upon 1 ega 1 statutes, and would provide legal updates to all
personnel in the changes in the law. As you expressed in your December
10th memorandum, this position is essential to the department as we are
constantly addressing issues of high liabi li ty and immediacy; this
position would assure proper coordination with the administrative needs
of the State Attorney's office thereby achieving a cooperative effort in
the due process of the law.
MCA/
CCI Major William H. Cochrane, Support Bureau
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER ~H
SUBJECT: AGENDA ITEM # i'C- - MEETING OF JANUARY 14, 1992
SERVICE AUTHORIZATION NO. 10A/POST, BUCKLEY, SCHUH AND
JERNIGAN
DATE: January 10, 1992
This is a change order in the amount of $S,626 for engineering
services to negotiate, coordinate, prepare easement descriptions and
an easement agreement between the City and the Delray Beach Yacht
Club for installation of a 16 inch water main on Yacht Club property
in conjunction with the 16 Inch Watermain Intracoastal Crossing
project.
The original scope of service included in Service Authorization No.
10 did not include the above referenced services. This service
authorization is for reimbursement of costs for providing those
services.
Recommend approval of Service Authorization No. lOA in the amount of
$5,626 with funding from Intracoastal Crossing Atlantic - Engineering
(Account No. 441-5181-536-69.03).
R emoü~ km (bns&rr 8t¡ mlJ<pe.
moJion -1-0 IJ.ppJ:OV£ fl1SSE./) L/ 10 / (1Tl/ft.¡ot=.. 4nch
d/:SSEnhIJ9 )
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: January
X Regular Agenda ____Special Agenda ____Workshop Agenda
When: Jan. 14, 1992
Description of agenda item (who, what, where, how much)
Staff requests approval of Service Authorization No. 10A with Post Buckley. Schuh and
Jernigan, Inc. for engineering services for negotiations, coordination, easement des-
criptions and easement agreement between City of Delray Beach and Delray Beach Yacht
Club for installation of 16" water main on yacht club property. Project #90-59
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization No. 10A in
the amount of $5,626.00 to Post, Buckley, Schuh .and Jernigan, Inc.
Account # 441-5181-536-69.03
Department Head Signat~~"~ -1' JI~.. . ß
I
Determination of consi~tency with Comprehensive Plan:
city Attorney ReviewjRécommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds): ~
Funding available: E tNO
Fun~inq alternative. (if applicable)
Accòunt No. & Descr~ion~-'"SI81-S~,(oCj-03 INrRA-CdtSíAL X1NC¡ AíL-EN6¡
Account Balance 11, S ('<:.1/ .
City Manager Review:
""'
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Approved for agenda: (ïE~/NO
Hold Until: I.
-'
Agenda Coordinator Review:
,
Received:
Action:
Approved/Disapproved
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PBSJ POST. -
~. BUCKLEY.
SCHUH &.
JERNIGAN. INC.
October 2, 1991
Mr. William H. Greenwood, P.E.
Director of Environmental Services
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
RE: 16-inch Water Transmission Main
Crossing the Intracoastal Waterway
Dear Mr. Greenwðod:
Please find enclosed six (6) executed copies of Authorization lOA
for additional engineering services performed during design of the
subject project. These additional services were requested by the
City to prepare an easement description and a draft easement
agreement between the City and the Delray Beach Yacht Club.
As you may recall, this easement was required to construct the new
water main crossing the intracoastal waterway. The easement
preparation was not included in the original scope of -design
services. Therefore, we request this Authorization be approved to
reimburse PBS&J for funds already expended to produce the easement
description and agreement. If you have any questions, please let
me know. When executed, please return two ( 2 ) copies of the
Authorization to me.
Very truly yours,;r
Q~J~ J C/~
~:'Richard Voorhees, P.E.
Project Manager
/wkb
Enclosures
cc: W. Richard Karasiewicz, P.E.
Robert A. Morrell, P.E.
07-153.10
WINTER PARK PLAZA. 1560 ORANGE AVENUE, SUITE 700. WINTER PARK. FLORIDA 32789· Ill: 407/647·7275· FAX: 407/740-8958
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AUTHORIZATION NO. lOA TO AGREEMENT
Entered Into and Between
CITY OF DELRA Y BEACH, FWRIDA
100 N.W. First Avenue
Delray Beach, Florida 33444
Dated February 1, 1989
And
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1560 Orange Avenue, Suite 700
Winter Park, FL 32789
For
ADDmONAL ENGINEERING SERVICES
For
16-INCH WATER TRANSMISSION MAIN
CROSSING THE INTRACOASTAL WATERWAY
Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide additional professional
engineering services, as hereinafter described, to the City of Delray Beach (CITY) for design
of the 16-inch water transmission main crossing the Intracoastal Waterway.
PREAMBLE
This Authorization is intended to become a part of the original Agreement, dated June 10,
1985, and Amendment to the Agreement, dated February 1, 1989. It is hereby
acknowledged by the parties that should a conflict arise between this Authorization and the
Agreement, as amended, then the terms of the Agreement, as amended, shall control and
prevail.
1.0 SCOPE OF SERVICES
The original Scope of Services included in Authorization No. 10 did not include negotiations
and coordination with the Delray Beach Yacht Club nor preparation of an easement
description and easement agreement between the CITY and the Yacht Club for installation
of the 16-inch water main on yacht club property located on the east side of the Intracoastal
Waterway.
The CITY requested the ENGINEER to enter into negotiations with the Yacht Club and
to prepare an easement agreement and description for construction of the water main.
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Extensive negotiations and meetings were held by the ENGINEER between April and June,
1990 with Mr. Matt Gracey of the Delray Beach Yacht Club to prepare the easement
agreement. Preparation of the agreement also included coordination with the CITY. The
ENGINEER prepared the easement agreement and description and submitted them to the
CITY for its use. This Authorization No. lOA is to reimburse the ENGINEER for
providing these Additional Services.
2.0 COMPENSATION
Compensation for engineering services shall be on the basis of payroll cost plus a surcharge,
plus reimbursables as defined in the Agreement entered into and between the CITY and
ENGINEER on June 10, 1985 for Additional Services and latest Amendment, dated
February 1, 1989.
A detailed project cost estimate is included as Attachment A
The compensation for additional engineering services for preparation of the easement
description and agreement for the 16-inch subaqueous water main crossing the Delray Beach
Yacht Club property is as follows:
2.1 Additional Engineering Services $5,626.00
The above-referenced fee shall be considered a not-to-exceed amount for the additional
scope of services described herein unless prior written approval is obtained from the CITY.
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IN WITNESS WHEREOF, the parties hereto have accepted, made, sealed, and executed
this Amendment to Agreement upon the terms and conditions above stated on this _ day
of , 1991.
For the ENGINEER: For the CITY:
POST, BUCKLEY, SCHUH & CITY OF DELRA Y BEACH
JERNtGAN~C. ~
By: )J~.!~ ~~_. By:
R~:MICHAEL DYE
:PESIDENT
(Corporate Seal) Attest:
Attest: Date:
Approved as to Form:
Date:
City Attorney
STATE OF FLORIDA
COUNTY OF DATE
>-(,
to me well known and known t me to
be the person described in and who
executed the foregoing instrument,
and acknowledged to and before me
that ~ executed said instrument
for the purposes therein expressed.
¡~EStly hand and official seal,
thÍS¡ ay of ~£-,AD., 191L-.
t;~t?mâ ~
N ry Public ,
State of Florida
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP JULY 29.1994
BONDED THRU GENERAL INS. UII).-
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ATfACHMENT A
FOR AUTHORIZATION lOA
ADDmONAL ENGINEERING SERVICES
FOR
16-INCH WATER TRANSMISSION MAIN
CROSSING THE INTRACOASTAL WATERWAY
PROJECT LABOR HOURS AMOUNT
Project Manager
Voorhees, Richard 5.0 $ 160.00
Senior Environmental Engineer
Copeland, Edwin 35.0 1,167.00
Wilson, Kenneth 9.0 251.00
Senior Environmental Designer
Pietroburgo, Ernest 6.0 102.00
Secretary
Cappello, Rebecca 8.0 71.00
Vanderdrift, Marlene ~ 40.00
66.0 $1,791.00
x3.0
$5,373.00
REIMBURSABLES
Reproduction $ 27.00
Telephone 25.00
Courier 78.00
Survey Sub consultant (O'Brien, Suiter & O'Brien) 100.00
$ 230.00
x1.I
$ 253.00
TOTAL ADDITIONAL ENGINEERING SERVICES $5,626.00
AUTH#lOA
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City of Delray Beach
Operating Appropriation Justification
Estimated Budget 1994-95
Year 4 - 1994-95 Department: City Attorney
Package Name: Police Leqal Advisor
Accoun t No.: Pa'ge : . 1 of 1
Full
Ele/Obj Explanation Year
11. 12 Salaries & Wages - Regular 80,150
11.13 Salaries & Wages - Part-time -0-
11.14 Overtime - Regular Emp. 250
11.21 FICA 5,950
11.22 Retirement Contribution 1,850
11.23 Health, Life, Disability 5,800
11. 24 Workers' Comp 425
11.25 Unemployment Compensation ISO
11.27 ICMA 5,150
33.14 Medical Services -0-
33.19 Other Prof. Services 1,750
33.54 Postage - Various 700
33.56 Memberships & Publications 2,900
(Westlaw-$2,325; memberships-$575)
33.57 Travel & Training 3,475
33.58 Auto Allowance 2,400
(at $200.00 per month)
33.97 Insurance Expense 5,325
35.11 Office Supplies - various
office and operating
supplies 1,750
60.89 Equipment - other 1,100
TOTAL 118,125
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City of Delray Beach
Operating Appropriation Justification
Estimated Budget 1995-96
Year 5 - 1995-96 Department: City Attorney
Package Name: Police Leqal Advisor
Account No.: Page: 1 of 1
Full
Ele/Obj Explanation Year
11. 12 Salaries & Wages - Regular 85,800
11. 13 Salaries & Wages - Part-time -O-
Il. 14 Overtime - Regular Emp. 250
11.21 FICA 6,050
11. 22 Retirement Contribution 1,975
11.23 Health, Life, Disability 6,075
11.24 Workers' Comp 450
11.25 Unemployment Compensation 150
11.27 ICMA 5,175
33.14 Medical Services -0-
33.19 Other Prof. Services 1,825
33.54 Postage - Various 725
33.56 Memberships & Publications 3,050
(Westlaw-$2,450; memberships-$600)
33.57 Travel & Training 3,650
33.58 Auto Allowance 2,400
(at $200.00 per month)
33.97 Insurance Expense 5,600
35.11 Office Supplies - various
office and operating
supplies 1,825
60.89 Equipment - other 1,150
TOTAL 126,150
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City commission
August 3, 1990
Page 2
entry level position and anticipate a salary of $35,000
for that person. It would be my intention to havè that
position filled as soon as possible in the next budget
year, and if authorized by the Commission, we will
immediately begin advertising for that position.
The second attorney position is that of the police legal
advisor, and I would anticipate that this person would
need a little more prosecutorial experience and would
therefore I would anticipate the initial starting salary
to be in the $45,OOO.per year range. The addition of-this
position is obviously a policy question for the City
Commission and would enable our office to enhance the
service that is being provided to the Police Department.
The addition of the position would allow the department to
more efficiently forfeiture actions resulting in expanded
revenues for the Law Enforcement Trust Fund.
In addition to enhancement of the forfeiture program,
in-house training and legal updates could be provided. on a
regular basis. This is a concept that has been acknow-
ledge by our office and the Police Department as an
important and beneficial goal to implement, however,
beèi¡use of timing and manpower, limitations within our
offì2è not-a- ~single training session or seminar has been
conducted by our office for police officers in the 4 1/2
years I have been employed by the City. The police legal
advisor would also be in a position to more fully keep
abreast of the changes in criminal law, especially those
aspects of arrest and search and seizure law that are
under constant challenge and change. The position would
be one of a service position to the officers aiding them
and coordinating with the State Attorney's Office, improve
their report writing skills and being available to consult
with on the subtle aspects of police work that often
result in technical defenses to the successful prosecution
of a case. It is important to understand this position
would not be a replacement of the work done by our office
for the Police Department, but an increase in the services
to the department. The police legal advisor would be an
assistant city attorney working under my direction and not
a member of the Police Department. He/she would, in
.addition to the above cited duties, take over prosecution
of forfeiture actions and city ordinance violations,
however, it would be my intent that they would not be
directly involved in personnel and labor matters to the
extent that those matters arose. Such matters would
continue to be handled by other attorneys within the
office. This would be done because obviously a close
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City commission
August 3., 1990
Page 3
relationship would develop between the officers and
attorney. Another benefit to having such a position .is
that it would enable the remainder of our office staff
have a lessened load and would be able to better serve the
rest of the City. Depending on the availability of Law
Enforcement Trust Funds, this position could be fundedï
along with the attendant secretarial position, out of Law
Enforcement Trust Fund monies. The addition of the police
legal advisor would necessitate the addition of a
secretarial position to maintain the one-to-one ratio of
secretaries- to .ßttorneys which is an absolute minimum
figure.
2. CAPITAL EXPENDITURES - When Mr. Thiele left the City, he
not only took himself and his vast knowledge and ability,
he also took books, a desk, bookshelves and chairs that
were owned by him, but were being used to benefit the
City. As I suspect it will be unlikely to find a new
attorney similarly equipped, it will be necessary for us
to replace the_ desk, bookshelves, and Florida
Jurisprudenc£ê-Volumes that Herb took with him. Of such
replacement items, the most expensive is the Florida Juris
Prudence set of research books which are very important as
a p~ary research tool. It would be my intention that if
this-->:i tern of the budget is approved by the Ci ty _.. or,
Commission, we ,would immediately order a replacement
Florida Jurisprudence set of volumes so that they would be
on hand prior to the next budgetary year, but would be
paid out of next year's funds. The remaining books and
chairs are necessary to provide the two new attorneys and
secretary place to work likewise we will need to acquire
new computer equipment for them.
In addition to new equipment for the police legal advisor
and secretarial position, the budget, as proposed, contem-
plates purchase of three replacement computers for our
current secretaries. The City Attorney's Office network
computer .....system was. originally purchased in 1984 and
although it may have been adequate for that tim.e period
despite some updates, it has proved inadequate for our
current needs. T~~re is a lack of memory availability and
with that a resulting lack in the speed of the machines
and the ability of the machines to handle new processes.
Therefore, I propose upgrading the hardware by replacing
the three computers that are currently allocated to the
secretaries with new computers having a much greater
memory capacity. Furthermore, as part of the transition,
the computers the secretaries are using will be passed on
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DELRAY BEACH POLICE DEPARTMENT ~
MEMORANDUM
TOI Chief Richard G. Overman ~}
FROMI Maria C. Altieri, Police Planne.....;l
Support Bureau
DATE I January 3, 1992
SUBJECT I POLICE LEGAL ADVISOR - FURTHER JUSTIFICATION"
::=::===:=:===================:=:=:===:=:=:=====:=======================
I have further information regarding the Police Department's request for
a Police Legal Advisor;. these justifications are in compliance with your
and City Manager David T. Harden's requests.
Mr. Harden's memorandum of December 17, 1991, addressed several issues
concerning what would be a new position to our department I
l. What is our backlog of forfeitures?
2. What ordinance violations are not being prosecuted which might
be?
3. What kinds of problems have we had due to the lack of the
types of training outlined in your December 10, 1991, memo'!
4. How frequently have these problems occurred?
5. Overall, how is the department being hampered by the lack of
this position?
Before addressing the above, I understand the Legal Advisor is to be a
member of the Chief's staff whose basic function is to provide Ie ga I
guidance regarding any matter concerning the Police Department. The key
is "accessibility" when addressing matters of immediacy; the Legal
Advisor will be present at all staff meetings to expound upon ambiguous
areas concerning legalities as well as interpretation of policy issues
which arise on a continual basis. The Legal Advisor would also provide
the Police Chief assistance and opinion in personnel matters reference
hiring, firing, discipline, labor, American Disabi Ii ty Act, and EEO
concerns.
One of the main needs for a Police Legal Advisor is the processing of
confiscated vehicles and the expeditious disposition of money and
property through the court system. This department has experienced a
tremendous increase in the number of vehicles, monies, property, etc.
that is confiscated for illegal acts; on an average, our officers are
confiscating 3.5 vehicles per week. Although the turnaround time for
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POLICE lEGAL ADVISOR
January 3. 1992
Page two
processing these vehicles should only be a week to ten .days, Administra-
tive lieutenant James J. Twitty advised that there are vehicles current-
ly in our custody that were seized in 1989. This backlog can be
attributed to the lack of timely advisement in legally complex matters;
although the City Attorney's office is of considerable assistance when
we can be accommodated, our issues are not necessarily high priorities
when weighed against the City Attorney's current caseload.
The length of time a vehicle is held can mean loss of revenue to the
department either in administrative fees or asset depreciation; for
every vehicle returned to its owner, the department collects $250.00 in
administrative fees, and for every vehicle awarded to the department
through the court system, the department either keeps the vehicle to add
to its fleet or auctions it for revenue towards the law Enforcement
Trust Fund (per Lt. Twitty, we collected approximately $28,000 in 1990).
We have a situation in which a vehicle is being housed at the city's
compound that is in such a state of dilapidation (it was seized in 1989)
that it won't have significant monetary value once it becomes ours to be
auctioned. It. Twitty indicated that there are as many as 17 seized
vehicles taking up space in our back lot; the affidavits are signed and
ready to be processed, but as to when (given the City Attorney's sched-
ule) is not a question that can be readily answered.
When the vehicles are not expeditiously removed from our custody, they
are subject to vandalism; and as we are, by law, responsible for return-
ing the vehicles to the owners in their original state, liability
expenses are incurred. In the meantime, we have vehicles maintained in
our lot that have been subject to anything from stereo to wheel thefts
which creates a monetary as well as a claims experience loss to the
department.
There is another factor to consider, and that is the time it takes to
process and monitor seizures. Lt. Twitty advised that he spends as much
as an hour and a half per day (which translates into 7.5 hours per week)
processing vehicles, negotiating with owners, and meeting with the City
Attorney's office to assure compliance with State Statute simply on this
aspect of his job. A Police legal Advisor could more adequately negoti-
ate and assure the expeditious processing of seized property, given
his/her knowledge and experience in such matters, as the position would
solely service the needs of our department. It would also be the legal
Advisor's responsibility to noti fy lien holders/owners of property
seizures as well as monitor a case's outcome.
The second need for a Police legal Advisor 1S illustrative in my find-
ings through the City Attorney's office that they are not prosecuting
ordinance violations, nor have they been for quite some time. I under-
stand that violations such as "open container/consuming in public" or
"illegal burning" constitutes arrests for the department, but not
necessarily successful prosecution. The State Attorney's office handles
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POLICE LEGAL ADVISOR
January 3, 1992
Page three
the prosecution of city ordinances and City Attorney Jeff Kurtz
indicated that we have lost whatever controls or monitoring system to
assure prosecution in the best interests of the city. Should we have a
L ega 1 Advisor on staff, we can reserve the right to prosecute our own
ordinance violations.
Relative to training issues, Major Cochrane advised that currently the
department has had no training in legalities other than what is provided
through the state Attorney's office. Theirs is a legislative review
training course which is given once a year for a half-day session. Any
other legal training is through the academy or career development
classes at Palm Beach or Broward Community Colleges. Other off-site
classes touch on I ega I issues, but not as astutely as an on-staff legal
Advisor could. The person in this position would provide training to
and consult with police officers on aspects of police work that result
in technical defenses to the successful prosecution of a case;
specifically, areas of high liability: 1) search and seizures, 2) Fourth
Amendment ri ghts, 3) speedy trial issues, 4) laws of evidence, S)
wri Hng search warrants, 6) filing of prosecution summaries, and 7)
other issues relating to staff training on EEa, Affirmative Action, and
interviewing strategies.
Another area that requires the attention and expertise of a L ega I
Advisor is instruction in qua Ii ty wri ti ng skills for affidavits.
lieutenants throughout the department can attest to an ongoing problem
in which case outcomes were not to our advantage because of unclear or
poorly wri tten reports and warrants that could not be expeditiously
processed or successfully prosecuted. If a report, warrant, or
prosecution summary does not stand alone on its 1 ega I merits because it
is not written properly, then the possibility exists that there will be
no chance of the decision being held in the city's favor. The legal
Advisor could review filing packets to assure that all information is
appropriately documented for the State Attorney's office, thereby
minimizing any administrative delays.
Overall, an in-house Advisor would be accessible for consultation on the
merits of a case, on whether or not a police officer made a good arrest
based upon legal statutes, and would provide legal updates to all
personnel in the changes in the law. As you expressed in your December
loth memorandum, this position is essential to the department as we are
constantly addressing issues of high liability and immediacy; this
position would assure proper coordination with the administrative needs
of the State Attorney's office thereby achieving a cooperative effort in
the due process of the law.
MCA/
CCI Major William H. Cochrane, Support Bureau
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MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Z~
SUBJECT: AGENDA ITEM # ~]) - MEETING OF JANUARY 14, 1992
CHANGE ORDER NO. 7/DATA FLOW SYSTEMS, INC.
DATE: January 10, 1992
This is a change order to the contract with Data Flow Systems, Inc.
which increases the contract price by $78,79S and extends the
contract completion date by 60 days for the installation of 12 Radio
Telemetry Units (RTU's) at lift stations and five raw water wells.
To date Data Flow Systems, Inc. has installed 90 RTU's: this change
order is for an additional 17 units which wi 11 complete the system.
The original contract contained a provision that guaranteed the
pricing of the RTU's (uninstalled) . In order to get the best
pricing installed staff has negotiated with Data Flow Systems. The
installed price will be $ 4,3 4S per unit. This represents a net
increase of $290 per unit over previously installed units. It is
not feasible to re-bid this item as the system in place is configured
to Data Flow Systems, Inc. specifications.
Recommend approval of Change Order No. 7 in the amount of $78,79S
with funding from 1984 Water and Sewer Construction Fund Lift
Station Telemetry (Account No. 441-S162-S36-60.36).
P Ll.l.WL fern ~ ~ flltli.¡(TJrfi¡~
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Agenda Item No. :
AGENDA REQUEST
Date: 12/18/91
Request to be placed on:'
XX Regular Agenda Special Agenda \'1orkshop Agenda
When: January 14, 1992
Description of agenda item (who, what, where, how much) : Request City Commission
to aDDrove ChanQe Order No.7 to Data Flow System, Inc. in the amount $78,795. for Radio Telemetry and Data
LOQQinq System Proiect #90-13. This fee includes installation of 12 RTU's at lift stations and 5 raw water
wells as neQotiated at $4635 which represents a net increase of $290/RTU. ChanQe Order No.2 reflected a unit
cost of $4345/RTU for submersible pump stations. (See attached letter dated 12/17/91) FundinQ Acct. # 441-
5161-536-64.05
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommend approval to Data Flow, Inc. for $78.795 for
installing 15 additional RTU's
...
...-
Department Head Signature: tjtJðo~ I Z./t-ø/&l1 CA.
Determination of Consistency with Comprehensive Plan:
""!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all i tet'ts involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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Agenda Item No.:
AGENDA REQUEST
Date: 12/18/91
Request to be placed on:'
XX Regular Agenda Special Agenda Horkshop Agenda
When: January 14. 1992
Description of agenda item (who, what, where, how much) : Request City Commission
to aDo rove ChanQe Order No.7 to Data Flow System, Inc. in the amount $78.795. for Radio Telemetry and Data
LOQQing System Proiect #90-13. This fee includes installation of 12 RTU's at lift stations and 5 raw water
wells as neQotiated at $4635 which represents a net increase of $290/RTU. ChanQe Order No.2 reflected a unit
cost of $4345/RTU for submersible pump stations. {See attached letter dated 12/17/91} Fundina Acct. # 441-
5162-536-60.36
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommend approval to Data Flow. Inc. for $78.795 for
installin~ 17 additional RTU's
~
Department Head Signature: ¡jtJðc>~~/J Il//~/r¡ I CA
Determination of Consistency with Comprehensive Plan:
. ,. "-
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all itctt6 involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: )--
Approved for agenda: YES/ NO 9;\
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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CHANGE ORDER
No. 7
Dated December 18 , 199..!-
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Project No. 90-13
Project Name: Radio Telemetry "and Data Logging System
.
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Owner: City of Delray Beach, Florida
Contractor: Data Flow, Inc.
Contract Date: December 28, 1989
./
To: Mr. Steve Whitlock , Contractor
You are directed to make the following changes in the subject contract:
.
Install Radio Telemetry and Data Logging System for 12 additional lift
stations and S raw watér wells as negotiated at $436S which represents a
net increase of $290/RTU. See attached letter dated 12/17/91. Change Order
No. 2 reflected a unit cost of $434S/RTU for submersible pump stations ,
which changes are more specifically described in the attached ame,nded plans, drawings, ånd
specifications.
The reason for. the change is as follows: DFS has installed 90 RTU's on lift stations.
Additional RTU's are needed to continue this process until all system is on
telemetry.
The contract price and contract time shall be adjusted because of such changes as follows:
A~ Contract Price
1. Contract price prior to this change Order: . 490,800
Page One of Two Pages
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CHANGE ORDER i 7
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2. Net increase resulting from this change ,order: 78,79S
"
3. Current contract price Including this change order: S69 S9S
B. . Contract TIme .
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I 1. Contract time prior to this change order: 0
'¡":
'. 2. Net Increase resulting from. this change order: 30
3. Current contract time including this change order: 30
.
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, City of Delray Beach, Florida, OWNER
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. By:
. .
Attest:
City Clerk
City of Delray Beach
~
Approved as to form:
City Attorney
.
The above changes are accepted on , 198__ I unde~tand that an the
provisions of the Contract Document related to Project No. which are not
inconsistent with. the terms of ':this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
.
Witness:
I
, CONTRACTOR
By:
As to Contractor Title
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Page Two of Two Pages
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
-t·,_·
FROM: CITY MANAGER c< . <-
SUBJECT: AGENDA ITEM # g£. - MEETING OF JANUARY 14, 1992
CHANGE ORDER NO. 2/PAVEX, INC.
DATE: January 10, 1992
This is a change order to the contract with Pavex, Inc. which reduces
the contract price by $12,202.23 based on as-built quantities used
for the S.W. 4th Avenue and S.W. 10th Street Intersection project.
Staff has verified all quantities and unit prices.
Recommend approval of Change Order No. 2 to the contract with Pavex,
Inc. which reduces the contract price by $12,202.23.
.
~ 5-0
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Agenda Item No.:
AGENDA REQUEST
Date: 1/3/92
Request to be placed on:'
xx Regular' Agenda Special Agenda Workshop Þ.genda
When: 1/14/92
Description of agenda item (who, \olha t , where, how much) : Staff requests2Ciyy
Commission to approve Change Order No.2 for Pavex, Inc. to S.W. 4th Avenue & S.W. 10th Street intersection
(Project No. 91-33). Changes are for miscellaneous utility conflicts and field adjustments. In addition,
final plus/minus as-built changes for actual quantities installed are addressed. Total net deduct for
Change Order No.2 is ($12,202.23).
ORDINANCE/ RESOLUTION REQUIRED: X'lOO/NO Draft Attached: X~~~NO
Recommendation: Staff recommends City Commission to approve Change Order No.2. All quantities
and unit prices have been verified.
i..,.
Department Head Signature: 4t/~P~-~4-V~ß ¡/¡If" "3
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: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO l~:~)
Hold Until: ¡ ,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,. do'
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CHANGE ORDER
No. ~
Date:
Project No. 91-33
Project Name: s.w. 4th Avenue and S.W. 10th st.
Old School Square (Chanqe Order #1) (91-62)
Owner: city of Delray Beach, Florida
contractor: Pavex. Inc.
Contract Date: July 25. 1991
To: Pavex. Inc. . Contractor
You are directed to make the following changes in the subject contract:
For S.W. 4th Avenue and S. W. 10th st. and Old School Square (Chanqe
Order #1) final plus or minus adjustments for actual as-built
quantities. In addition. miscellaneous chanqes were reauired on both
pro;ects for utility conflicts and field adjustments. Changes are per
Schedule "A" - "B" attached
.
which changes are more specifically described in the attached amended
plans, drawings, and specifications.
The reason for the change is as follows: Final plus/minus as-built
quantity changes and miscellaneous utility conflicts and field
chanqes.
The contract price and contract time shall be adjusted becaus'e of such
changes as follows:
A. Contract Price
1- Contract price prior to this change order: $245.442.50
Page One of Two Pages
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CHANGE ORDER NO. À
2. Net decrease resulting from this change order: <12,202.23>
3 . Current contract price including this change order: 233.240.27
B. Contract Time
1- Contract time prior to this change order: 45 calendar days
2. Net increase resulting from this change order: 15 calendar
days
3. Current contract time including this change order: 60
calendar days
City of Delray Beach, Florida, OWNER
By:
THOMAS E. LYNCH, MAYOR
Attest:
city Clerk
City of Delray Beach
Approved as to form: City Attorney
The above changes are accepted on , 199 . I
understand that all the provisions of the Contract Document related to .
Project No. 91-33 which are not inconsistent with the terms of this
Change Order shall remain in effect and apply to all work undertaken
pursuant to this Change Order.
Witness:
Pavex. Inc. , CONTRACTOR
By:
As to Contractor Title
Page One of Two Pages
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
('--./1
r
FROM: CITY MANAGER _ I
SUBJECT: AGENDA ITEM # g F - MEETING OF JANUARY 14, 1992
CHANGE ORDER NO. 2/AUTHORIZATION OF FINAL PAYMENT -
A.O.B. UNDERGROUND, INC.
DATE: JANUARY 7, 1992
This is a change order to the contract with A.O.B. Underground,
Inc. which reduces the contract price by $9,SS2.25 based on
as-built quantities used for the installation of fire hydrants in
the Tropic Palms Subdivision. Staff has verified all quantities
and unit prices.
.
Additionally, staff is requesting authorization to release the
final payment to A.O.B. Underground, Inc. Staff has inspected
this project and has found it to be satisfactorily complete.
Recommend approval of Change Order No. 2 to the contract with
A.O.B. Underground, Inc. in the amount of ($9,SS2.2S) and
subsequent final payment to contractor.
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 12/6/91
-Ã-- Regular Agenda ____Special Agenda ____Workshop Agenda
When: 1/14/91
Description of agenda item (who, what, where, how much)____
Installation of fire hydrants Tropic Palms Subdivision (Project No.
91-04) Change Order tl2. Final "plus/minus" changes in quantities
þer,attached Schedule "A". Final quantities reflecting actual as-
built installation $9,552.25 net credit adjustment is based on the
contract unit prices. Along with this ch~e order, we request~t after
ORDINANCE/RESOLUTION REQUIRED: YES N DRAFT ATTACHED ~/NO
execution, final payment be made to contra or.
Recommendation: Staff recommends approval of Change Order #2 in the
amount of{$9,552.25).and subsequent final payment to contractor.
Department_Head Signature: td¢g.o,,~ /,/1/9'-
Determination of Consi~tency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: @/NO
Funding alternatives (if applicable)
Account No. & Description 441-5161-536-60.89
Account Balance
City Manager Review:
Approved for agenda: ~.E /NO fM
Hold Until: C7
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
"
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CHANGE ORDER·
No. 2
Date December 9 , 19.2.L-
Project No. 91-04
Project Name: Installation of Fire Hydrants in Tropic Palms Subdivision
(441-5161-536-60.89)
(P.O. II 500287)
Owner: City of Delray Beach, Florida
Contractor: A.O.B. Underground, Inc.
Contract Date:
To: A.O.B. Underground, Inc. , Contractor
You are directed to make the following changes in the subject contract:
Final "plus/minus" changes in Quantities per attached Schedule "A"
.
which changes are more specifically described in the attached amended
plans, drawings, and specifications.
The reason for the change is as follows: Final Quantities reflect actual as-
built installation and amount adiusted is based on contract unit prices.
The contract price and contract time shall be adjusted because of such
changes as follows:
A. Contract Price
1. Contract price prior to this change order: $50,513.00
1 of 2
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CHANGE ORDER #
2. Net decrease resulting from the change order: (-9.552.25)
3 . Current contract price including this change order: 40,960.75
B. Contract Time
1- Contract time prior to this change order:
2. Net increase resulting from this change order:
3. Current contract time including this change order:
City of Delray Beach, Florida, OWNER
By:
Thomas E. Lynch. Mayor
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
..
The above changes are accepted on , 19 . I
understand that all the provisions of the Contract Document related to
Project No. which are not inconsistent with the terms
of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
As to Contractor Title
2 of 2
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9 J~D 1J
PERIODIC PAY ESTIMATE
PAY ES1'IMATE NO. FOUR (4) OIANGE DATE: NOVEMBER 15, 1.99l
PROJECT NO. 06-12-90-D3 ORDERS PAGE ONE (1) OF 'lWO (2)
1----------------------------------------------------------------------------------------1
1# , DESŒIPTION AND RELEATED ITEMS , ADDITIONS , DEIXJC1'IONS I
I I I
1----------------------------------------------------------------------------------------1
11. I ADDT ' L FIRE HYDRANTS I 18,450.00 I ,
,
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, : TOTAL I \ 18,450.00 I 0.00 I
,
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.-------------------- r:~ ~'w------------------~---~ -------------------------------
... . 'W'. ~.. ..... ..~ I ~!J ... "\.i...,f' I .
. ~V~~£ë1.T~·TO' 'l~TifATMENf i
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A. ORIGINAL CONmA x~' ;J~r'" $32,063.00
B. PI.US: ADDITIONS S 18,450.00
C. T.ESS: DEOOCTIONS 0.00
D. ADJUSTED CON1'RA $50,513.00
1 'lurAL VALUE OF W 40,960.75
.
lA. ORIGINAL 23,120.50
lB. GIANGE ORD' 17,B40.25
2. ADD: MATERIALS S
(sublotal - camp] 40,960.75
3, LESS: AMOUNT RET 0.00
4, NET AMOUNT EARNED ON CONTRACI' WORK 1'0 DATE 40,960.75
5. LESS: MtOUNT FOR PREVIQUS PAY ESTIMATES ~3 ,120.50 .
6. DALANCE OOE nIIS ESTIMATE $17,840.25
CERTIFICATICN OF CON'ffiAC'roR f(¡
I certify that I have checked and verified the Pay Estimate Four for l e period
of 08/28/90 to 11/15/91, and that it is a true and correct statement of all work
performed, that all work and material supplied and includt~ in the Pay Estimate
Four has been performed and/or supplied in full accordance with the terms and
and conditions of the Contract Documents.
A.O.B. UNDERGROUND, INC. tJ;iéd/ d~
November 15. 1991 BY: PRES.
CERTIFICATION OF CONSTRUcrION ENGINEER
According to the best of my knowledge I certify that all items and amounts shown on
Pay Estimate Four are correct; that the work and matel'Ìal has been done or supplied
on the project hetween 08/28/90 and 11/15/91. It is agreed that this Estimate is a
true and corr'ect statement of the contract amount, up to and including the last day
of the period covered by this Estimate and that no part of the bn..t ance due of this
~yment has been received.
CI'l'Y OF DEmAY DEAG}
DATE: BY:
"
~ .
------------------------------------------------------------------------------------------
I , I ORIGINAL ESTIMATE ICCMP THIS PERIOD I CCMP TO DATE
I I I ,
, # I J)ESŒ.JPTION I , I UNIT , · # OF . 1# OF · '
, . I I I I I
, OF ITIM IQUANTIUNI COST I VALUE I UNITS I V AI"UE : UNITS I VALUE
I I I I I I
t----------------------------------------------------------------------------------------
I 1. 16" TAP VALVE , 9 lFAI 937.00 $ 8,433.00 , $ 0,00 . 9 $ 8,433,00
I I I I
, I I , I I I , , ,
I t t I t I I I t
I 2. 8" TAP VALVE t 5 I E.4: 1 "OG3. 00 t 5,315,00 t 4 t 4,252,00 t 4 I 4,252.00
, , I I I
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I 3. 10" TAP VALVE 3 IEAll,295.00 3,885.00 I 1 , 1,295.00 I 3 , 3,885.00
I I I I I
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I 4. 12" TAP VALVE 2 : EA:1, 284 .00 2,568.00 , 1 1,284.00 1 I 1,284.00 I
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, 5. .WET TAPS 17 lEAl 105.00 1,785,00 , 6 630.00 17 · 1,785.00 I
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I 6.16" GATE VALVE 11 IF.AI 297.00 3,267,00 I 0.00 2 I 594.00 1
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, 7. 1 HYDRANTS W/TIE I 17 lEA! 906.00 115,402,00 I G 5,436,00 17 15,402,00
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· 8. : 6" DIP CL52 :235 :LF' 12.75 : ·2,99G,25 I 15 191. 25 45 I 573,75 I
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, I , , , I , I /
I I I I , I I I , I
, 9. :OPEN CUT :140~6$LF 15.00 I 2,109.25 I I 0,00 , I 0.00 ,
I I I I
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I I ADD'!' 'T. FIRE I1YD: '6 lEA, 792.00 , 4,752.00 6 , 4,752,00 6 , 4,752.00 ,
t , I I I I
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I : rof ALS , I I * :50,513.00 I : 17 I 840,25 I **, 40,960.75 ,
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-------------------------------------------------------------------.-----------------------
* Original Contract and Change Order #1
** Adjusted Final Contract Amount - C.O. 112
..
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ (; - MEETING OF JANUARY 14, 1992
CHANGE ORDER NO. 1/AUTHORIZATION OF FINAL PAYMENT -
WENGER EXCAVATING, INC.
DATE: JANUARY 7, 1992
This is a change order to the contract with Wenger Excavating,
Inc. which reduces the contract price by $9,219.00 based on
as-built quantities for the Lowson Boulevard Drainage
Improvements project. Staff has verified quantities and unit
þ prices.
Additionally, staff is requesting authorization to release the
final payment to Wenger Excavating, Inc. Staff has inspected
this project and has found it to be satisfactorily complete.
Recommend approval of Change Order No. 1 to the contract with
Wenger Excavating, Inc. in the amount of ($9,219.00) and
subsequent final payment to contractor.
Ccppt~ 5-0
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: 1/7/92
--L- Regular Agenda ____Special Agenda ____Workshop Agenda
When: 1/14/92
Description of agenda item (who, what, where, how much)_
Staff requests approval of final payment on Lowson Blvd. Drainage Improvements (Project
No. 91-45) to Wenger Excavating in the amount of $11,126.10. Final quantities and work
'com leted have been verified. Final closeout documentation has been released from
contractor. (Bud et Account No. .J .~1 5161 SJ6 GO.83) . 1- Z
ORDINANCE/RESOLUTION REQUIRED: . YES¡@ DRAFT ATTACHED @/~
Recommendation: Staff recommends approval of final payment to Wenger Excavating.
Department Head Signature: ~)~/7/r2-
Determination ot çonsi~tency with ,Comprehensive Plan:
City Attorney Rev i ew/Recommendat ion (if applicable)
Budget Director Review (required on all items involving
expendi ture of fUndS):. @
Funding available: E NO
Funding alternatives ' (if applicable)
Account No. & D~cription 4Jt1 5161 SJ6 ðO.~ "2:2.6- aIÞ~~4J::1-4;z. H
Account Balance 1.{ ß5~· '57 l..C1fJ$oN' F ( - N A L. íl> M-
city Manager Review:
~., tpA
Approved for agenda: ~YNO
Hold Until: .
Agenda Coordinator Review:
,
Received:
Action:
Approved/Disapproved
..
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~ "-.~
,
/\ , ,~'ì....
r -l""'"
.V
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 12/6/91
X Regular Agenda ____special Agenda ____Workshop Agenda
When: 1/14/91
Description of agenda item (who, what, where, how much)____
Lowson Blvd. Drainage Improvements (Proiect #91-45). Change Order
111 final "plus/minus". Changes in Quantities reflecting actual as-
built installation $9,219.00 net credit adiustment is based on the
contract unit prices. Along with this final chan~e order. WE' rE'qllE'!':t
that after execution, we request final pa~t to contractor. ~
ORDINANCE/RESOLUTION REQUIRED: YES DRAFT ATTACHED YE ¡NO
Recommendation: Staff recommends approval of Change Order #1 in
this amount of($9,219.00} and subsequent final payment to contr~ptor.
Department Head Signature: r:fÞlø.~~~"fA~ / 1'Ilr z-
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds): ~§)/NO
Funding available:
Funding alternatives (if applicable)
Account No. & Description 225-3161-541-61.42
Account Balance
City Manager Review:
Approved for agenda: @NO !~
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
.. "<I'
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CHANGE ORDER
No.
Date December 9 , 1991
Project No. 91-45
Project Name: Lowon Blvd. Drainage Improvements (Acct. #441-5161-536-60.89)
(P.O. #502193)
Owner: City of Delray Beach, Florida
Contractor: Wenger Excavating. Inc.
Contract Date: July 25, 1991
To: Wenger Excavating. Inc. , Contractor
You are directed to make the following changes in the subject contract:
Final "plus/minus" changes in Quantities per attached Schedule "A"
.
which changes are more specifically described in the attached amended
plans, drawings, and specifications.
The reason for the change is as follows: Final Quantities reflect actual
as-built instruction. Amount adjusted is based on contract unit prices.
The contract price and contract time shall be adjusted because of such
changes as follows:
A. Contract Price
l. Contract price prior to this change order: $116.430.00
1 of 2
..
/~A-"-.
CHANGE ORDER # 1
2 . Net decrease resulting from the change order: ,(-9,219.00)
3. Current contract price including this change order: 107,211.00
B. Contract Time
1. Contract time prior to this change order: 120
2. Net increase resulting from this change order: 0
3 . Current contract time including this change order: 120
City of Delray Beach, Florida,. OWNER
By:
Mayor Thomas E. Lynch
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
.
The above changes are accepted on , 19 . I
understand that all the provisions of the Contract Document related to
Project No, which are not inconsistent with the terms
of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
As to Contractor Title
2 of 2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,-.(,
FROM: CITY MANAGER.. .....
SUBJECT: AGENDA ITEM # qH - MEETING OF JANUARY 14, 1992
AMENDMENT NO. 2 TO SERVICE AUTHORIZATION NO. 4/CH2M HILL
DATE: January 10, 1992
This is the second amendment to Service Authorization No. 4 to the
contract with CH2M Hill which increases the contract price by $31,17S
for additional consulting services necessary for the administration
of two contracts awarded for the Former Enclave Improvement project.
The scope of service for this amendment includes the redesign of
sheets 20, 21, and 22 to redirect sanitary flow from Royal Palm
Drive, west of Lime Lane to another manhole to eliminate the need for
þ an easement; and additional services for the administration of the
second construction contract.
Recommend approval of Amendment No. 2 to Service Authorization No. 4
in the amount of $31,176 with funding from 1991 Water and Sewer
Revenue Bond Enclave Water and Sanitary Sewer Engineering Services
(Account No. 447-S167-S36-33.11).
g e.tnoo<ë..û kom Qof'lS£O, By ms+yoe
A?+œ- dlSeu.ss iof'\ I me. mOLLw moo~ +0 lip pe-cù£,
S teOfì 0 ßl{ Ot:. A-lpŒin
mo4-¡O(\ FAIL£O on 3+0 d 00+&
¿ mf.. An D f c¿uJS
m~. 'RAndolph d ':5s~-h'n c¡ )
m A4'f:.- Ly () c.h
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Agenda Item No.:
AGENDA REQUEST
Date: 12/18/91
Request to be placed on:'
Cousent
xxx ~e~ba£ Agenda Special Agenda Workshop Agenda
When: January 14, 1992
Description of agenda item (who, what, where I how much): Request City Commi ssion
to approve Ammendment No.2 to Service Authorization No.4 for additional consulting services to CH?M Hill.
Services are due to awardinq construction for two different contractors where aqreement is only for one.
Fundinq Acct #447-5167-536-33.11 Project #91-25 Amount $31,176.
. (: ; )' .'~'
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommend approval to CH7M Hill for Ammendment No. 2 for
$31.176.00
...
Department Head Signature: #:..~c..M:U_ <..).....011 12/16/91 e~
Determination of Consistency with Comprehensive Plan:
"!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: ~
Approved for agenda: YES/ NO ~ìq(\~D .
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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cm OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION AMENDMENT
DATE: , 1991
AMENDMENT 2 TO SERVICE AUTHORIZATION NO.4 FOR
CONSULTING SERVICES ..
.;¡:' .:::"
CITY P.O. NO. . CITY EXPENSE CODE.".,·... '.,.
PROJECf NO. 91-25 (CITY OF DELRA Y BE~cii'j¡·SEF30787~Dø (CH2M HILL)
91-25 (CITY OF DELRA Y B~¢~)'.S.lSF30787.Dl (CH2M HILL)
TITLE: Provision of Water and Sewer,..to the··Fortner Enclave Areas
:i:' U;::. '::. "::.
'. .... "..
" ..... "..
. ..,
I. PROJECf DESCRIPrlON,,·····o, \¡
.:::' .::' .. ... .u::;.
The City requires addition~ ~~~¿ê~.d~rin;;:.d~sign and construction for the Water
and Sewer service to t,þt(f9i.IDer ·En,.ê1~ye Areas-Lake Ida, Germantown, and North
Federal Highway a,~~~:¡¡¡~rOjf~i~.~j·\¡;¡:·····\.>
II. SCOPE OF S.~~$:¡./j .
Amend Task 1, Desi~, t~¡¡¡irl~iude:
1. . Redesign of sheets 20, 21, and 22 to redirect sanitary flow from Royal Palm
Drive, west of Lime Lane to another manhole in vicinity to eliminate the need
for an easement.
Amend Task 4, Services During Construction, to include:
1. Preparation of additional conformed contract documents for execution by
Contractor and review executed Contract Documents and bonds before
forwarding to the City for execution.
2. Prepare for and conduct an additional preconstruction conference.
dbt1201019.51 1
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3. Prepare for and conduct an additional monthly progress meeting for the
estimated 8 months of construction. '
4. Review an additional set of shop drawings, diagrams, illustrations, catalog data,
schedules and samples, the results of tests and inspections, and other data
which the Contractors are required to submit.
5. Review, recommend modifications as appropriate, and submit to the City for
payment the monthly payment requests of an additional Contractor.
6. Conduct an additional substantial completion review9f"~at construction and
prepare an additional letter of substantial comple~o~.,,,<':,.
7. Make a final review of the construction and ~S~~'1ß n~ŠQ~iãt.j,JJg final payment
and submit a final letter report for an ad~j~~:~~"5P~tract~r~",,,
m. BUDGET ESTIMATE OF SERVI~:~~..,,,.,.."'\,,,,;,,,!..,\.,
Compensation for professional consulting s~rýî'ce$.,'às's.pêcified in Task 1 Service
Authorization 4 shall be modified as,J?l1o~, \""... .."
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Task I-Design: Add $4,570 <::./' .. ..
Compensation for profe~ion'µ)~,sult,htg~~ces as specified in Task 4 Service
Authorization 4 sha,~)~':;J1J~;\,åS¡"f~~~WS:
Task 4-Services D1.Ì~g"ÇonstriictJon: add $26,606
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IV. COMPLETION DATE
Add two (2) weeks to the schedule specified in Service Authorization 4 for items not
yet completed.
APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of , 19 _ By: ....
Gregory,iT. McIntyre, P .E.
Vice P(esident and
..,~~gi~.ål",~anager
.. "::. "::. ::.
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CITY OF DELRA Y BEACH, a Øûly,¡¡Íu~prizedhfßèer of CH2M
a municipal corporation of the State of HlI l\SOy1HEAST, INe., on behalf
Florida ..... of ih<:1, Cqrporation and said person
C",.. '~~cuteq'the same freely and volun-
\,;"tai,11ÿ"fq{the purpose therein
By:\, '.~tessêd.
Thomas E. Lynch, Mayor ...
;.' .AITEST:
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ATIEST: .,/' .,,,¡"""',,.. '"'''''' "\'''' "'\.
'i;.""';;;;/" "'!;¡'\"\,"'\" WITNESS my hand and seal in the
"'iii"!;,""''''',,!:i County and State aforesaid this _ day
B . ."'". "'". ,/'" f 19 ·
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City Clerkii!!,\.,/, -
.,. Notary Public
State of Florida
APPROVED AS TO FORM: My Commission Expires:
(Seal)
By:
City Attorney
BEFORE ME, the foregoing instru-
ment, this day of , 19 , was
acknowledged by Gregory T. McIntyre,
Vice President and Regional Manager,
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CH2M:RtL.Jili,PRCJ3EGl"'CCJST"'ESFfMAïEŒ'
CUENT crrv OF DELRAY BEACH
PROJECT NAME PROVISION OF WATER AND SEWER SERVICE TO FORMER ENClAVE AREAS
PROJECT NUMBER AMENDMENT NO.2
·'>t.A8OAcosr:OETAL;
TASK 3 TASK 4
RAW TASK 1 TASK 2 ASSISTANCE SERVICES
HOURLY SPEC'S SPECIAL DURING DURING TOTAL DIRECT MULTI
CATEGORY (NAME) RATE & DRAWINGS SERVICES BIDDING CONSTRUCTION HOURS LABOR LABOR
8 VP/SENIOR CONSULTANT $33.30 0 SO SO
7 SENIOR MGRlSENIOR CONSU.TANT $33.30 0 SO SO
6 PROGRAM, DEPT, OR DIV MGRITECH CONSULT $33.30 8 8 S266 $188
5 SENIOR PROJECT MGRITECH CONSULT $32.60 8 8 $261 $782
4 PROJECT MGRlSR PROJECT PROFESSIONAL $28.10 0 SO SO
3 SR. PROJECT PROFESSIONAl $25.00 6 178 $4,450 $13,350
2 PROJECT PROFESSIONAL II $21.55 24 148 S3,11W $9,568
1 PROJECT PROFESSIONAL I $18.75 0 SO $0
5 LEAD TECHNICIANlSUPERVISOR II $22.80 2 $46 $137
4 SENIOR TECtfIIlCIAN $1 US SO SO
3 CERTIFIED TECHNICIAN $17.35 $0 SO
2 TECHNICIAN 514,55 $0 SO
1 JUNIOR TECHNICIAN 512.75 $612 $'
o TECHNICAL AIDE $11.20 $0 of^J
OffiCE SUPPORT 5!,1a",¡"" $736 52,208
S28,S81
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ACTUAL MULTI
ITEM DESCRIPTION TASK 1 TASK 2 TASK 3 TASK 4 DIRECT DIRECT
COMPUTERlAUTOCADD $500 5750 $1.250 $1.250
PRINTING, REPROGRAPHICS, AND GRAPHICS $SO $400 $450 $450
WORD PROCESSING $2SO $250 $250
SURVEYING SO SOl
SOILS SO $01
I
AERIAL PHOTOGRAPHY $0 $01
AIR FARE SO 50'
AUTO MILEAGE $0 SO'
MEALSlLODGING SO SO
TELEPHONE $160 $160
POSTAGElFREIGHT $160 $160
SUPPlIES S225 $225
$2,495 :0. .;
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER U' I, /
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SUBJECT: AGENDA ITEM # gI - MEETING OF JANUARY 14, 1992
CHANGE ORDER NO. 2 /POST , BUCKLEY, SCHUH AND JERNI GAN
DATE: January 10, 1992
This is a change order in the amount of $27,906 for additional
inspection services as required by OSHA on the Elevated Storage Tank
project.
The original service authorization with Post, Buckley, Schuh and
Jernigan for project inspection services was limited to 14 random
inspections. It has been six years from the time the tank was
originally investigated until now. Since then Environmental and OSHA
regulations have increased and the tank has continued to
deteriorate. Thu s , additional inspections are required.
The number of estimated hours for inspection is based on the original
schedule prepared by the contractor and the milestone inspections
requi red by the consultant for certification of the work. Based on
the progress of the project to date, staff anticipates that the
actual final amount paid for the additional inspections will be less
than the $27,906 projected.
Recommend approval of Change Order No. 2 in the amount of $27,906
with funding from 1984 Water and Sewer Construction Rehab 112M Gallon
Elevated Tank (441-S162-S36-61.79) and Water and Sewer Renewal and
Replacement Fund Rehab. 1/2M Gallon Elevated Tank
(442-5178-S36-61.79).
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Agenda Item No. :
AGENDA REQUEST
Date: 1/3/92
Request to be placed on:'
xx Regular Agenda Special Agenda t'lorkshop Agenda
When: 1/14/92
Description of agenda item (who, what, where, how much): Staff requests City
Commission to approve Post. Buckley. Schuh & Jernigan. Inc. service authorization to amend elevated 'storage
tank (Project No. 90-01) inspection scope because of increased scope of work actually beinq done on the
tank (structural) and increased OSHA and environmental constraints. The scope of inspections required has
increased. Total service authorization amount is $27.906.00 to be paid on a per diem/per hour basis as
verified by Engineering staff.
ORDINANCE/ RESOLUTION REQUIRED: YBS/NO Draft Attached: m$x/NO
Recommendation: Staff recommends City Commission to approve 'this service authorization.
;...
Department Head Signature: 4¿/#/PL o~ ¡Irlr 2-
DetermiJ If/I/ / :; / r: ,1.- -..5 3t - 0~ 71'
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Budget ~f~-5/7/-S3&"-?/':' ..~~ d;;~~ 19 expenditure
of fund: / / ./ ..~ . /-' /'0/'.£ .;/;
~f . / '/" c'r/' #' " 11:.~
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F' .f applicable)
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City Manager Review:
Approved for agenda: (!J/ NO !~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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Memorandum
Date: January 6, 1992
To: David T. Harden, city Manager
Thru: Raiph E.Hayden, City Engineer ~
From: R Howard wight, Construction Managej/¡(.J
Subject: Elevated Storage Tank, Project #90-01, (Budget acct #
44151625366179 & 44251785366179)
Change Order #2 agenda request
Justification for additional inspection services
The following is the justification to the agenda item for
additional inspections by Post, Buckley, Schuh and Jernigan
(P,B,S & J)for the Elevated Storage Tank. Plans and
Specifications are based on a 1985 scope of work based on a tank
investigation by Mr. Howie Green, a tank inspection consultant.
The Plans and Specifications were originally put together in 1989
based on the 1985 scope. The Project was bid in February 1991
using the 1989 bid package. The original budget for this project
was almost half of the $259,000.00 finally bid and contracted.
The original service Authorization to Post, Buckley, Schuh and
Jernigan for project Inspection Services was limited to fourteen
(14) random inspections @ $537.50 for a total amount of
$7,525.00. six (6) years have elapsed from the original tank
investigation until now when the tank is actually being
rehabilitated.
The reasons for the additional services are as follows:
l)Environmental and OSHA regulations have increased during
the time period from 1985 to the present. Change Order #1
to this Contract reflected some of these changes.
2)The time elapsed from 1985 to the present has resulted in
further deterioration of the tank necessitating more
structural repairs than was originally anticipated. This
condition required more inspections than were originally
anticipated.
The number of estimated hours for inspection is based on the
original schedule prepared by the Contractor and the milestone
inspections required for the work by the Consultant for them to
certify the work. Based on progress of the project to date the
actual final amount of change Order #2 should be less than the
27,906.00 and will be adjusted upon project completion through
final Change Order and will be based on actual inspections
performed.
..
To date we have a deduct of approximately $6,000.00 for Change
Order #1. In addition, in the base bid there was a unit price
de~uct item of $13,000.00 for disposal of the existing interior
coatings if they were found to be non-hazardous. They were tested
and found to be non-hazardous. These two items represent
$19,000.00 in savings to date from the original contract amount
of $259,000.00.
P:elev.doc
File 90-010, Memos to City Manager
CC: Mr. Bill Greenwood
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AUTHORIZATION NO. TO AGREEMENT
Entered Into and Between
CITY OF DELRA Y BEACH, FLORIDA
434 South Swinton Avenue
Delray Beach, Florida 33444
Dated February 1, 1989
and
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
5300 West Cypress Street, Suite 300
Tampa, Florida 33607
for
Post, Buckley, Schuh & Jernigan, Inc. (Engineer) shall provide professional engineering
services, as hereinafter described, to the City of Delray Beach (City) during the
rehabilitation of the elevated storage tank.
1.0 BACKGROUND
The City's 500,OOO-gallon elevated storage tank is currently being rehabilitated by Dees
Contracting, Inc. Under Authorization No. 16, the Engineer is providing limited
construction phase services during the rehabilitation.
2.0 SCOPE OF SERVICES
To ensure that the work produced conforms to the specifications, the City is desires to have
full-time construction observation provided during certain portions of the surface
preparation stage of the project and during the coating of both the interior and exterior of
the elevated storage tank. Under the Engineer's current authorization, the limited
construction phase services do not cover this level of field observation.
2.1 CONSTRUCTION PHASE-NACE CERTIFIED INSPECfOR
The Engineer will provide a NACE certified inspector to observe the construction of the
work as specified during the portions of the surface preparation and the interior and exterior
coating. It is anticipated that the inspection will be required for 45 standard working days
and 11 premium or weekend working days.
2.2 CONSTRUCTION PHASE-SERVICES OF HOWIE GREENE
Authorization No. 16 provided for 14 site inspections during construction. As of December
12, 1991, over 14 site visits have been conducted to monitor the activities and work of the
-1-
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Contractor. To continue to monitor the project and quality of the work, Mr. Howie Greene
will visit the job site either once or twice each week, depending on the level of progress
during the week, for an additional eight visits.
2.3 CONS1RUcnON PHASE-SERVICES OF ENGINEER
The Engineer will provide additional project coordination during the additional field
inspection activities.
3.0 CITY'S RESPONSffilUTIES
a. Provide access to the site, as required.
b. Provide timely review and approval of submittals by Engineer.
c. Provide all available data, details, drawings and other information relating to
the tank.
4.0 COMPENSATION
Compensation for engineering services shall be based on the Agreement entered into and
between the City and Engineer on June 10, 1985 for Additional Services and latest
Amendment dated February 1, 1989.
2.1 Construction Phase-NACE Certified Inspector $20,906.00
2.2 Construction Phase-Services of Howie Greene 3,800.00
2.3 Construction Phase-Services of Engineer 3.200.00
$27,906.00
4.1 TIME OF SERVICE
Services will begin immediately upon receipt of City's authorization to proceed.
-2-
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IN WITNESS WHEREOF, the parties have accepted, made and executed this Amendment
to Agreement upon terms and conditions above stated on the day of
, 1991.
FOR THE ENGINEER:
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
By
Attest
FOR THE CITY:
CITY OF DELRA Y BEACH
By
Attest
Approved as to Form:
City Attorney
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City of Delray Beach
Elevated Storage Tank Rehabilatation
Additional Construction Phase SelVices
Task 2.1 Construction Phase· NACE Certified Inspector
Inspector (straight time)
$37.S0/hr. x 8 hr./day x 45 days = $13,500.00
Inspector (overtime)
$49.50/hr, x 8 hr./day x 11 days = $4,350.00
Per Diem $65/ day x 45 days = $2,925.00
Mileage $681.00
Subtota1 $20,906.00
Task 2.2 Construction Phase· Services of Howie Greene
Howie Greene S75/hr, x 44 hr, = $3,300.00
Mileage $500,00
Subtotal $3,800.00
Task 2.3 Construction Phase . Services of Engineer (PBS&J)
Project Manager $99.99/hr. x 24 hr. = $2,600.00
Clerical $30.00/hr. x 20 hr. = 600.00
Su btotal $3,200.00
TOTAL $27,906.00
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'?I
SUBJECT: AGENDA ITEM # g:r - MEETING OF JANUARY 14, 1992
AUTHORIZATION TO APPROPRIATE FUNDING FROM FEDERAL
FORFEITURE ASSETS FUND
DATE: JANUARY 7, 1992
The Police Chief is requesting authorization to appropriate funds
in the amount of $71,000.00 from the Federal Forfeiture Assets
Fund for the purchase of a Kodak Edicon Mug Imaging System.
The Mug Imaging System is a computerized network which will link
our police department with the Palm Beach County Sheriff's Office
and the Boca Raton Police Department. It will allow us to share
photographs of suspects and arrestees through the computer
system. We would have access to the photograph of anyone booked
in the County Jail, with the database to be retained at the
Sheriff's Office.
The Mug Imaging System will also allow us to generate mug
photographs as well as photographic lineup shots through the
computer. This system is designed to replace the current film
and Polaroid set-up now in use and will ultimately replace all
film and photographs used in the department.
Recommend approval of the appropriation of funds in the amount of
$71,000.00 from the Federal Forfeiture Assets Fund (Account No.
115-0000-248-99.00) for the purchase of a Kodak Edicon Mug
Imaging System (via Palm Beach County RFP #91-0301-S8).
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Agenda Item No,:
AGENDA REQUEST
Date: December 30, 1991
Request to be placed on:
/ Regular Agenda
Special Agenda January 14, 1992
Workshop Agenda When:
Description of item (who, what, where, how much): Appropriation of
funds from the Federal Forfeiture Assets Fund and the purchase of a Mug Imaging
SYRtem from Edicon Systems (Via PB co. RFP #91-0301-58) in the amount of
$71,000 00
(Example: Request from Atlantic High School for $2/000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Police Chief recommends approval, funding from
115 0000 248 99.00.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44,55). ~~>rf!~-
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: OC-a>oV-2tHs .qq-OO FF.J)f-.RA-L FORF'e:lrURE F"UlbS
Account Balance: Z2~ I ~q.J.ot;
City Manager Review:
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Approved for agenda: ~~~ / NO fft/,
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
,.
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Delray Beach Police Department B
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 --.:--. .
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM
TO: David T. Harden I
City Manager
FROM: Richard G. Overman
Chief of Police
DATE: December 30, 1991
SUBJECT: MUG IMAGING SYSTEM
The Police Department would like to appropriate and purchase the
Kodak Edicon Mug Imaging System for a total of $71,000.00.
The Mug Imaging System is a computerized network linking the
Delray Beach Police Department with the Palm Beach Sheriff's
Office and the Boca Raton Police Department. This will allow us
to share photographs of suspects and arrestees through the
computer system. We would have access to the photographs of
anyone booked in the County Jail with the database to be retained
at Palm Beach Sheriff's Office.
This would give us the ability to quickly generate mug
photographs and automatically and rapidly generate photographic
lineup shots through the computer system. This is designed to
replace the current film and Polaroid set up that we now have in
use, and ultimately will replace all film and photographs used in
the Department as we expand. It is a State-of-the-Art system
that will greatly enhance our investigative capabilities and
expedite our investigative response, giving us a much needed
tool.
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AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
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We do approximately ten ( l) photo displays per week
or five ( S ) twin packs of Polaroid film @ $lS.00 per
twin pack. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7S.00
An average of approximately 1/2 hour per display for
five (S) hours per week, an average of $12.00 per hour $ 60.00
Expenditure per week $ 135.00
Expenditure per year $ 7,020.00
Approximately two (2) 24 exposure rolls of 3S mm color
film per week for booking photos at approximately
$20.00 per week
Expenditure per year $ 1,040.00
Approximate total expenditure per year $ 8,060.00
As the system takes over more and more of the current functions
presently done with film and paper, great savings will be
realized. Currently we spend $lS,OOO per annum. Ultimately we
intend to use the system for all photography, eliminating film,
chemical and papers. Pay back should be realized in less than
four (4) years. While there are no immediate plans to integrate
the system into our current mainframe and computer network, we
will be able to do this in the future to provide access from
anywhere in the building.
Attached you will find diagrams describing the system, along with
a breakdown and copies of the RFP which was obtained by the
Sheriff's Department. We are recommending purchasing on the
County bid due to the fact that for this system to be cost
effective and to work at its highest possible capabilities, the
cost be compatible and be able to network with the Sheriff's
Department.
Any questions, please contact me.
RGO:AMM:vls
Attachments
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11/25/91 10:24 "6'716 244 0192 EDICON SYS. DIV. ~~~ DELRAY BEACH PD ~O02
EDICON Systems DMslon Palm Beach County Shertff's DeDartment
Delray Beach Police Department Pricing:
One (1) ED/CON Capture station featuring the fol/owlng:
» EDICON Industrial class 486/25 system unit, 16MB and cabling
» EDICON High performance CapturelDIsplay Board
» Telephoto High performance COmpression Bœrel
» Floppy drive. 3.5 inch. 1.2 MB
» Sony 3-Chlp Digital Video Camera with zoom lens
» Zenith 14 inch flat screen color monitor
» 8 MHz Enhanced Keyboard and Microsoft Mouse
» Hard disk/controller, 300MB
» Quartz Ught Kit and Monopod
» Hewlett Packard Laser Jet III Printer
» 9600 Baud Codex Modem
» LAN Manager
» Multi-Station Access Unit
» Token Ring Board
Sub-Total: $ 44,400.00
November 13, 1991
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11/25/91 H':25 "ð"716 244 0192 EDICON SYS. DIY. ~~~ DELRAY BEACH PD ~OO3
.
EDICON Systems Division Palm Beach CountY Sheriff's Department
One (1) ED/CON Display Stat/on features the following:
» EOICON Industrial class 486/25 system unit. 8MB and cabling
» EDiCON High performance Display Board
» Telephoto High performance Compression Board
» Floppy Drive, 3.5 Inch, 1.2 MB
» Zenith 14 Inch flat screen color monttor
» 8 MHz Enhanced Keyboard and Microsoft Mouse
» Serlal/paraJlellJO Board
» Kodak SV651Q Thermal Color VIdeo Printer'
» Hard disk/controller, 40 MB
» 9600 Baud Codex Modem
» Token RIng Board
Sub-Total: $ 28,500.00
Delray Beach Hardware Total: $ 72,900.00
Installation (5%): $ 3,645.00
Less (10%) Discount: $ 7,655.00
Delray Beach System Total:
$68,890.00
November' 13,1991
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Introduction
This document Is the Functional Specification for an EDICON Suspect Identlfiéatlon
System, The functions and capabilities contained herein are presented by ED ICON In an
effort to describe, In detail, the system functIons supplied to the client, PALM BEACH
County Sheriff Office (PBCSO). The Suspect Identification System described by this
specification performs the following functions:
· displays live, full-color video Images from color video cameras, via a computer
monitor
· captures video Images and stores them with the appropriate related Information
· dIsplays Images and textual InformatIon simultaneously on a single computer moni-
tor
· prints reports with text and full-color or black and white photos
· Imports booking and attribute data from an existing mainframe system
The PBCSO System will be used to create, store and process:
· Booking Records for each prisoner booking
· Name Records for each prisoner name (true and alias)
· Lineup Activity Records for each mugshot lineup created and/or used for an Investi-
gation
· Photo Archive Records for miscellaneous non-lineup photos
· Popup Records for each valid booklng/a"esting agency ORI #, Statute/Charge
code, Special CharacteristIcs code, and M.O. code to be used In the system
· User Records for each authorized system user
· a System Control Record for each system
· System Activity Log Records for each tracked system activity performed by a user
Digitized photograph images are captured and stored along with these records and can
be recalled and displayed on the computer monitor. Operators can use the system to
generate prints of each photograph In a number of forms, within minutes of taking the
picture.
The PBCSO System will be used to print:
· Data Sheets, Wanted Bulletins. Color Mugshots for each booking
· Color or BlackJWhite Mugshot Lineups. with up to 6 mugshots per print, for each In·
vestlgatlon
· Witness Reports for each lineup that Is created and/or viewed by a witness
· Suspect Bulletins and Color Prints for all general photo archive (non-lineup) photos
· System Activity Log Reports
· Sealed Record Reports
'.
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Syste~ Configuration
Hardware
The PBCSO system will be a wide-area network fNAN), consisting of a "backbone"
wlde-area network fNAN}, 2 local area networks (LAN's) and 1 stand-alone systems.
The backbone WAN will consist of stations Installed at the following locations:
· Palm Beach County Sheriff's OffIce (Criminal Justice Complex - 1 stations)
· Belle Glade Substation (1 station)
· Belle Glade Jail (1 station).
The seven stations at the PBCSO will be configured as a local area network. One of the
¡ stations on this ED ICON LAN wDI be bridged through an existing PBCSO Ethernet LAN.
The two remote stations at the Belle Glade sites will be configured as stand·alone
systems, but will be connected via modem to one of the two communication server
! stations on the backbone LAN (via 9600-baOO modem).
Local area network EDICON systems will be Installed at the following sites:
I · Boca Raton Pollee Department (3 stations)
· West Palm Beach Pollee Department (2 stations) .
I
( The stations at each of these locations will be configured as local area networks, and each
station will be connected to one of the two communication server stations on the
I backbone LAN (via 9600-baud modem).
i
Stand-alone EDICON systems will be Installed at the following sites:
¡ · Palm Beach Gardens Pollee Department (1 station)
I · Delray Beach Pollee Department (2 stations)
· Boynton Beach Pollee Department (1 station)
I · Lake Worth Police Department (1 station),
The stations at each of these locations will be configured as stand-alone systems, and
each will be connected to the backbone fileserver at the PBCSO via a 96OO-baud modem.
¡ The PBCSO local area network will be used as the backbone for the wide-area network -
all of the other systems will be connected to one of the two communication server stations
on the backbone LAN at PBCSO (via 9600-baOO modem).
I Software
¡ The same OS/2 system software and EDICON Suspect Identification application software
will be Installed on each LAN and stand-alone system,
Novell network software will be Installed on the PBCSO LAN system.
I
II
I FunctIonal Speclllcallon page 2
EOtCON Suspect ID Management System PALM BEACH OOUNTY SHEflFF"S OFFICE
!
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¡ LAN Manager network software will be Installed on the West Palm Beach and Boca Raton
systems.
! DOS, Brief, and CloseUp software will be Installed on each system configured to be used
for EDICON Remote Diagnostics.
I SYrOS software will be Installed on each system configured with a tape drive.
I
Data
I A central database wll be maintained on the backbone fileserver station at PBCSO. Local
databases will be maintained at the following sites: West Palm Beach, Boca Raton, Delray
Beach, Boynton Beach, Lake Worth, Palm Beach Gardens.
I The central database will be used to store all data entered and processed on the
backbone WAN stations.
I The local databases will be used to store all data entered and processed on the other LAN
and stand-alone system stations (where applicable).
The Booking Records maintained In this central database will be shared by all system
¡ stations. Every time an attribute search function (to populate a mugshot lineup for a
criminal Investigation) Is performed, the search will be processed against the Booking
Records In both the local database (If applicable), and the central database.
¡
!
!
r
\
!
t
I
II
¡ Functional Speclfica!1on pag. a
EDICON Suspect 10 Manag.m&n' System PAlM BEACH COUNTY SHERIFF'S OFFICE
¡
'.
"
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # ~k - MEETING OF JANUARY 14, 1992
TEMPORARY TENT PERMIT/SILK GARDEN OUTLET
DATE: January 10, 1992
We have received a request from the Silk Garden Outlet for permission
to erect a temporary tent on their property located at 2829 S. Dixie
Highway from January IS through January 20, 1992 in order to sell
silk trees and plants.
The necessary permits have been applied for and approved. Staff has
reviewed this request and recommend approval.
Recommend approval of the request from the Silk Garden Outlet to
erect a temporary tent on their property from January IS through
January 20, 1992.
.. "..'
"
.
" , Agenda I tem No. :
AGENDA REQUEST
Date: 1/6/92
Reqùest to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 1/14/92
Description of agenda item (who, what, whered how much):
Request approval for a tent at the Silk Garden utlet
?R?9 S Dixip HighwRY
Sell silk trees and plants
January 15 - 20, 1992
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature:
Determination of Consistency Ian:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~~ NO r~1
Hold Until: L
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
..
.
. MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: TENT APPROVAL REQUEST FROM THE SILK GARDEN OUTLET
JANUARY 15 = 20, 1992 - - -
DATE: JANUARY 6, 1992
ITEM BEFORE THE COMMISSION:
- -
Request from The Silk Garden Outlet to erect a tent at 2829 s.
Dixie Highway for the purpose of selling assorted silk trees and
plants from January 1S-20, 1992.
BACKGROUND:
The tent will be erected on January 1Sth and taken down on
January 20th. The necessary permits have been applied for and
approved.
Section 2.4.6 (H) of the approved LDR's provides for City
Commission approval to erect a tent prior to a permit being
issued by the Building Official. The erection of this tent is
permitted since the purpose is to protect the public from the
elements during public assembly according to Section 2.4.6 (3) (a).
RECOMMENDATION:
The Department of Community Improvement recommends approval of
the erection of the temporary tent for The Silk Garden Outlet
from January 1Sth through the 20th, 1992 at 2829 S. Dixie
Highway, as specified on the site plan.
LB:DQ
File #91-1426S
D12
Tent.Slk
. . . J
RENT-A-TENT PLUS, INC.
Al/ Your Party Needs Rt:CBJVE1J
N()\'
I uv 111991
CITY MANA"~R'
lit. S OFFICE
-
November 13, 1991
City of Delray Beach
100 NW 1st Avenue
De1ray Beach, Florida 33444
Dear Sirs:
I hereby request the scheduling of a hearing by the City
Commission for the approval of a permit to be issued so that
my company may erect a tent at The 'Silk I Garden Outlet, 2829
South Dixie Highway, Delray Beach, 33483. The tent is to be
erected January 1S, 1992 and is to be taken down January 20,
1992. It will be used for a tent sale from January 16, 1992
thru January 19, 1992. The 'Silk I Garden Outlet will be offering
assorted silk trees and plants for sale to the general public.
I appreciate your expeditious handling of this matter.
Sincerely,
µ -627~?~
Frank Giannattasio
President
540 N.W. 77th Street. Boca Raton, Florida 33487 · (407) 241-2423 · (800) 427·6169
..
"
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tìì/Î
SUBJECT: AGENDA ITEM # ~L - MEETING OF JANUARY 14, 1992
TEMPORARY TENT PERMIT/DELRAY BEACH CHURCH OF CHRIST
DATE: January 10, 1992
We have received a request from the Delray Beach Church of Christ for
permission to erect a temporary tent on their property located on the
southwest corner of Lake Ida Road and Roosevelt Avenue for the
purpose of conducting a groundbreaking ceremony on January 26,
1992.
The necessary permits have been applied for and approved. Staff has
reviewed this request and recommend approval.
Recommend approval of the request from the Delray Beach Church of
Christ to erect a temporary tent on their property on January 26,
1992.
..
"
. .
. Agenda I tern No.:
AGENDA REQUEST
1/6/92
Date:
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 1/14/92
Description of agenda item (who, what, where, how much):
Request for approval of temporary tent for
Delrav Beach Church of Christ for one day
January 26. 1992
Property at SW corner of Lake Ida Rd and Roosevelt Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~n. ßt~Å I
'( D~
Determination of Consistency with Comprehensive Ian:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
"..-, , A
Approved for agenda: t~s/ NO tr I
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
...
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: TENT APPROVAL REQUEST FROM THE DELRAY BEACH CHURCH OF
CHRIST.:: JANUARY 26, 1992
DATE: JANUARY 6, 1992
ITEM BEFORE THE COMMISSION:
- -
Request from the Delray Beach Church of Christ to erect a tent at
the southwest corner of Lake Ida Road and Roosevelt Avenue for
the purpose of conducting a ground-breaking ceremony on January
26, 1992.
BACKGROUND:
The tent will be placed on the property designated for the new
sanctuary. The ceremony is scheduled for last approximately two
(2) hours from 2:30 pm - 4:30 pm on January 26th. The necessary
permits have been applied for.
Section 2.4.6 (H) of the approved LD R r s provides for City
Commission approval to erect a tent prior to a permit being
issued by the Building Official. The erection of this tent is
permitted since the purpose is to protect the public from the
elements during public assembly according to Section 2.4.6 (3) (a).
RECOMMENDATION:
The Department of Community Improvement recommends approval of
the erection of the temporary tent for the Delray Beach Church of
Christ on January 26, 1992 at the southwest corner of Lake Ida
Road and Roosevelt Avenue.
LB:DQ
D12
Church. Tnt
'.
, .
..
Delray Beach Church of Christ
-Minister 125 S,W. 15th Avenue - Delray Beach, Florida 33444
Evang, I.C. Spivey Titus 2: 1 But speak thou the things which become sound doctrine;
(407) 495- 4914
-Assistant Minister December 10,1991
w. M. Knowles
(407) 495-8820 Mr. Jerry Sanzone
-Treasurers Chief Building Offical
Joseph Evans Delray beach, Florida
(407) 272-1270
Tim Singelton
(407) 272-8576 Re: Request for temporary tent on Lake Ida road
Earl Holloway
(305) 786-1560 Dear Mr. Sanzone;
-Secretary Regarding our conversation December 9,1991. To
Patricia Patterson place a temporary tent on our property on Lake Ida
(407) 498-3360
road For a ground-breaking ceremony.
-Musicians This service will last about two hours, from 2:30
Willie Spivey
(407) 495-2889 until 4:30, On Sunday evening January 2ð,1992.
Cornelious Henderson
(407) 276-4191 The tent is to be placed on the location of our
-Program Directors new sanctuary.
Woodrow Lockett Aldrich Renting is the company that we plan to use,
(407) 496-1052
Bonita Potts they are 10cated in West Palm beach, Florida.
(407) 499-5720 Phone 407-833-173S If there be a need to call.
RECEIVED
DEe 1 1 91
COMM!,~:'TY IMPROVEMENT
1\: 1¡"/j'i¡STRA nON
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf¡)
SUBJECT: AGENDA ITEM # <3 M - MEETING OF JANUARY 14, 1992
OFF-SITE PARKING OPTION/ATLANTIC PLAZA
DATE: JANUARY 10, 1992
On January 3, 1986, the City Commission entered into an agreement
with Atlantic Plaza which provided that the City had the option
to require development of a parking lot at the northeast corner
of N.E. 1st Street and N.E. 7th Avenue as off-site parking for
Atlantic Plaza. This item is before you to formally exercise
that option.
The referenced agreement is somewhat awkward and confusing;
however, it appears that in order for Atlantic Plaza to proceed
with the off-site parking lot, the City must formally exercise
the option.
Atlantic Plaza has requested formal confirmation to proceed with
a permit application to develop the off-site parking lot. A new
site and development plan has not been submitted nor is one
required; however, it is likely that there will be landscaping
upgrades to the existing site plan.
The alternative to proceeding in this manner would be to require
that a new petition (site plan/conditional use) be processed.
The zoning on the property has been designated CF (Community
Facilities) for the specific purpose of the contemplated off-site
parking.
Recommend that the City Commission exercise its option to require
development of the lot at the northeast corner of N.E. 1st Street
and N.E. 7th Avenue as an off-site parking lot for Atlantic
Plaza in accordance with the previously approved plan.
.. ,.",'
..
",1/
;"/1\./1
L i .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~ ~ j--< \k~U>\-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 14, 1992
AUTHORIZE PROCEEDING WITH OFF-SITE PARKING LOT FOR
ATLANTIC PLAZA
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
exercising its option to require Atlantic Plaza to proceed
with off-site parking lot improvements pursuant to an
agreement executed on January 3, 1986.
The project is located at the northeast corner of NE
1st Street and NE 7th Avenue.
BACKGROUND:
The referenced agreement is somewhat awkward and confusing;
however, it appears that in order for Atlantic Plaza to proceed
with the off-site parking lot, the City must formally exercise
its "option".
A site and development was approved in 1986, and development may
occur pursuant to that plan. It is likely that there will be
landscaping up-grades to that site plan.
Via letter of December 10, 1991, Atlantic Plaza, Ltd. requested
formal confirmation that they may proceed with a permit
application.
As a final step in giving such approval confirmation, it is
appropriate to formally exercise the City's option at this time.
The alternative to proceeding in this manner would be to require
that a new petition (site plan/conditional use) be processed.
The zoning on the property has been designated as C.F. for the
specific purpose of the contemplated off-site parking lot.
..
City Commission Documentation
Authorize Proceeding with Off-Site Parking Lot
for Atlantic Pla?a
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
Not applicable.
RECOMMENDED ACTION:
By motion, exercise the City's option to require development of
the lot at the northeast corner of NE 1st Street and NE 7th
Avenue as an off-site parking lot for Atlantic Plaza.
Attachment:
* Atlantic Plaza letter of December 10, 1991
* Atlantic Plaza letter of November 8, 1991
T:CCPLAZA.DOC
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December 10, 1991
Mr. David Kovacs, Director Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear David:
On November 8 I sent you a letter as you suggested requesting
your written confirmation that Atlantic Plaza, Ltd. is permitted
to proceed with construction drawings and permit request for the
parking lot to be built on the northeast corner of N.E. 7th
Avenue and N.E. 1st Street. A copy of that letter is attached
hereto.
We are moving ahead very quickly now with the culmination of
negotiations with Merrill Lynch and will be submitting for permit
very shortly.
This letter is to let you know that we will be doing so and that
our understanding is that we are approved.
send me an approval letter I'd appreciate it.
A. Simon, Jr.
/' AAS/lgh
Attachment
cc: Lula Butler
Roy M. Simon, AlA
- . -~.~
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~< .... ··~'1,
~.~ J.,,::tü
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f"t.. ,'': 'c· ~~ -'~ 1991
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November 8, 1991
Mr. David Kovacs, Director Planning and Zoning
City of De1ray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear David:
This letter follows our conversation and requests your written
confirmation permitting Altantic Plaza, Ltd. to proceed with
construction drawings on the parkfhg lot to be built on the nort-
east corner of N.E. 7th Avenue and N.E. 1st Street.
As you know, this parcel was approved by the City as to zoning,
conditional use and site plan. We understand that the current
regulations are different than those at the time of approval in
August of 1984, but acknowledge that we are permitted to proceed
on the earlier approved drawings.
I will be looking forward to meeting with your staff to discuss
what modifications would be appropriate in the best interest of
the City and Atlantic Plaza.
We intend to proceed with the construction of this parcel into a
surfaced parking lot subject to completed negotiations with
Merrill Lynch, a major tenant. If those negotiations fall
through, then we would not proceed with construction until such
time as that parking area is needed.
I'd appreciate receiving your letter at your earliest convenience
so that we can tie it together with our negotiations with Merrill
Lynch. If you have any questions, please feel free to give me a
call.
Sin rely,
~á'/~
xande:t' A. Simon, Jr.
!AAS/lgh
cc: Lula Butler
Roy M. SiJron, AIA
......'..
,. "."
..
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM #: 'i? N - MEETING OF JANUARY 14, 1992
FIRST AMENDMENT TO CRA LOAN SUBSIDY AGREEMENT
DATE: JANUARY 9, 1992
On March 13, 1991, the City Commission approved a tri-partite
agreement between the City, the Community Redevelopment Agency
and First Union Bank of Florida. This agreement provided for the
implementation of a subsidized loan program whereby the CRA buys
down the interest on loans processed through First Union Bank for
owners of property located in the CRA target area.
The proposed amendment raises the maximum loan limits as follows:
(1 ) Owner-occupied single family units from $7,SOO to $10,000.
(2 ) Owners of multiple family residential units will be eligible
for loan amounts ranging from $1,500 to $SO,OOO depending on
the number of units ($5,000 maximum per unit). Multi-family
units were previously excluded from the program.
(3 ) Non-residential commercial property will be raised from
$lS,OOO to $20,000.
Fencing, exterior lighting and exterior chimneys are also added
to the list of qualifying improvements.
Recommend approval of the First Amendment to CRA Loan Subsidy
Agreement.
.. ,,'I·
"
. -
. Agenda I tem]:lo. :
AGENDA REQUEST
Date: 1/8/92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 1/14/92
Description of agenda item (who, what, where, how much):
First Amendment to CRA Loan Subsidy Agreement
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: ApDroval
Department Head Signature:
Determination of Consistency with Comprehensive Pan:
City Attorney Review/ Recommendation (if applicable):
,A,
è ''''' '-ct.,.,'IJ0; .l.,
, (7 ¡" (required on all itéas involving expenditure
Budg' A.;,^~,~"-t\ _ ' w
of fl
Or . YES/ NO
.
ves: (if applicable)
cription:
City
~~ /¡
agenda: i ES) NO l~v1J'
"-_/ ~"
Agenc - ~ ~ ------ --- ___. _ew:
Received:
Action: Approved/Oisapproved
"
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE ~O() NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
MEMORANDUM
DATE: January 9, 1992
TO: David Harden, City Manager
'-"'''''' --"",---
FROM: David N. Tolces, Assistant City Attorney..1--)
SUBJECT: First Amendment to CRA Loan Subsidy Agreement
I have reviewed the attached First Amendment to the CRA Loan
Subsidy Agreement and it meets with my approval.
DNT:ci
Attachment
'.
M E M 0 RAN DUM
To: David Harden, City Manager
Community Improvement Director ~
From: Lula Butler,
Date: January 8, 1992
Subject: First Amendment to CRA Loan Subsidy Agreement
January 14, 1992 Commission Agenda
~rEM BEFORE THE COMMISSION:
The item before the Commission is a request for approval of an
amendment to the CRA Loan Subsidy Program Tri-Partite Agreement
between the City of Delray Beach, the Community Redevelopment
Agency and First Union Bank of Florida.
BACKGROUND:
On March 13, 1991 the City Commission approved an agreement
between the Community Redevelopment Agency ( CRA) , First Union
Bank (Bank) and the City of Delray Beach (City) which provides
for the implementation of a subsidized loan program whereby the
CRA buys down the interest on loans processed throught the Bank
for owners of property located in the CRA target area. The City
participates in this program by providing technical assistance in
the form of developing work write-ups and construction
supervision for the owners. This service is provided through the
Community Development Division.
A seperate Memorandum of Understanding was entered into between
the City and the CRA, outlining the services to be provided by
'Che Community Development staff. This Memorandum of
Understanding sets forth the requirement that the CDBG program be
reimbursed at a rate of $13.00 per hour for actual work
performed. The arrangement was necessary to satisfy Federal
regulations governing the use of Community Development Block
Grant funds. Regulat~ons require the limitation of CDBG staff
activity to the CDBG target area, an area which does not exactly
conform to the CRA target area.
AMENDMENT SUMMARY
The Amendment provides for the following changes:
1. The maximum loan amount for owner-occupied
single-family units will be raised from $7,500 to $10,000;
.. "..
. :
. !
FIRST AMENDMENT TO AGREEMENT ~;:>
f::i
THIS FIRST AMENDMENT TO THAT CERTAIN AGREEMENT MADE AND ENTERED ¡
~.~~,
INTO on the 1st day of April, 1991 by and between the COMMUNITY REDEVELOPMENT r.:. .
I·;
AGENCY OF THE CITY OF DELRA Y BEACH, hereinafter referred to as the "CRA," and FIRST ~~~.
UNION NATIONAL BANK OF FLORIDA, hereinaCter referred to as the "BANK," and the CITY I:~¡,r; . ..
OF DELRA Y BEACH, hereinaCter referred to as the "CITY," is hereby entered into this _ day of ~,
, 199_. ~t
.~,..
¡t2
WIT N E SSE T H: ~~...
. ,. ,;~i,;
WHEREAS, the parties hereto have heretofore entered IDto the above-described Agreement ~:':.
(the "Agreement") for the providing of a subsidized loan program; and rr¡~:
t·;." .
WHEREAS, the parties hereto have agreed to amend the said subsidized loan program to ~.:.
increase the limits on various loans provided for in the program. ~~:
bm~
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained H+; ,,~,.,;
r#"
the Agreement is hereby amended as follows: '.'
1. Paragraph 5 A. is hereby amended in its entirety to read as follows:
"A. Residential Home Improvements: , ....., .,
(ì) Single Residential Family Home Improvements: k:,.:; ~1 '
(a) Loan amount on unsecured loans: one thousand five :'}
1
<1'
hundred dollars ($1,500,00) minimum to ten thousand·'
,~¿-. dollars ($10,000.00) maximum: i':
(b) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five
thousand dollars ($5,000,00) minimum to ten thousand
dollars ($10,000,00) maximum:
(ii) Two Unit Residential Improvements:
I (a) Loan amount on unsecured loans: one thousand five
hundred dollars ($1,500.00) minimum to CiCteén
thousand dollars ($15,000.00) maximum:
(b) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five
thousand dollars ($5,000.00) minimum to CiCteen
thousand dollars ($15,000.00) maximum;
(iii) Three or More Residential Units:
t
(a) Loan amount on unsecured loans per unit: one
thousand five hundred dollars ($1,500.00) minimum to
five thousand dollars ($5,000,00) maximum, with a
,
. .
maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(iv) Purpose: qualifying alterations, repairs and/or improvements
to residential properties of the owner where the work substantially protects or improves the exterior
of the property as described in Exhibit "A;"
(v) Loan to value ratio: the maximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty five percent (85%) of the appraised
value or one hundred twenty-five percent (125%) of the tax assessed value;
.. (vi) Term: maximum term for both secured and unsecured shall be
sixty months (60) of equal principal payments;
(vii) Interest rates: both secured and unsecured loans shall be fixed
at the Prime Rate as established by Wall Street Prime as of the date of closing;
(viii) Fees:
(a) Unsecured loans - none,
(b) Secured loans - normal élosing costs including but not
limited to recording fees, title insurance, owners and
encumbrance search, documentary stamp tax, and
intangible tax, etc" (the subject closing costs may be
financed by the BANK).
-II/'"
2. Paragraph 5 B, (i), is hereby amended in its entirety to read as follows:
- -
"B. Non-Residential Commercial Property Improvements:
(i) Loan amount: five thousand dollars ($5,000.00) minimum to
twenty thousand dollars ($20,000,00) maximum;"
3. Exhibit "A" Paragraph 1, is hereby amended to add the following:
"L. Fencing
M, Exterior Lighting
N, Traditional Exterior Chimney"
In all other respects the Agreement except as amended hereby shall remain in full force and
effect,
WITNESSES: COMMUNITY REDEVELOPMENT AGENCY
By:
,
l
..
1
';{':"::I/
',,: "';~/ '.:':~'
WITNESSES: FIRST UNION NA TIONAL BANK OF
FLORIDA
By:
CITY OF DELRA Y BEACH
By:
Thomas Lynch, Mayor
.
Attest:
By:
City Clerk
Approved as to form:
By:
Chy Attorney
,/'
,
l
'.
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
!
FROM: CITY MANAGER C"7"
SUBJECT: AGENDA ITEM # fo - MEETING OF JANUARY 14, 1992
ACCEPTANCE OF QUIT-CLAIM DEED
DATE: January 10, 1992
This item is before you to accept a quit-claim deed from STS Land
Company for 2S feet of right-of-way located on N.W. 18th Avenue.
In August 1991, the Commission approved a plat for the Congress
Industrial Service Center and abandoned the west ten feet of the 3S
foot right-of-way located on N.W. 18th Avenue.
Subsequently, title work indicates that the abandoned ten feet and
. the remaining 2S feet of the right-of-way, which belongs to the City
by virtue of of a right-of-way deed from the County to the City,
contains a right of reverter which may vest certain reversionary
rights in STS Land Company. The deed from the County to the City is
not clear on its face as to STS Land's reverter interest.
In order to ensure that the City's interest in the remaining 2S feet
of r-o-w is free from any claim of a reversionary interest, STS Land
Company has provided a quit-claim deed to the City.
The City Attorney's office has revi ewed thi s document and recommends
acceptance.
Recommend acceptance of a quit-claim deed from STS Land Company for
2S feet of right-of-way located along N.W. 18th Avenue.
'.
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.
"
[ITY DF DELAAY BEA[H
;~ITY ATTORNEY'S OFFICE .. . : ¡,Li~_:\'l :~!~'-·'.l H, i--LnkfD.-\ _~; ~-.~
. , Wr~~_r·. D~r_a~ L~n_
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(407) 243-70Ø1
MEMORANDUM
DATE: December 27, 1991
TO: David Harden, City Manager
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Right-of-Way Abandonment, Congress Industrial Service
Center
The City Commission on August 13, 1991 approved a plat for the
Congress Industrial Service Center and abandoned the west ten
feet of the thirty five foot right-of-way located on N.W. 18th
Avenue.
Title work indicates that the abandoned ten feet and the
remaining twenty-five feet of the right-of-way which belongs to
the City by virtue of a right-of-way deed from the County to
the City contains a right of reverter which may vest certain
reversionary rights in STS Land Company, a predecessor in
title. The deed f rom the County to the C.¡ +-., 1.S not clear on
- ....1
its face as to STS Land's reverter interest.
In order to ensure that the City's interest in the remaining
twenty-five feet is free from any claim of a reversionary
.
interest, Michael Swerdlow Companies, on behalf of STS Land
Company, has provided a Quit Claim Deed to the City. The Quit
Claim Deed gives to the City any reverter interest in the
right-of-way.
Our office, in order to make sure title is absolutely clear in
this regard, recommends the City accepts the Quit Claim Deed.
By copy of this memorandum, our office is requesting that this
matter be placed on the January 14, 1991 consent agenda for
City Commission approval.
Please do not hesitate to contact me if you need to discuss
thi~~ fu~ther.
/ 1);/
SAR~~' /'
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/ { "---
Attachments -
cc David Kovacs, Director of Planning and Zoning
congress.sar
..
--.--
.
:i MICHAEL SWERDLOW
COM PAN I E S, INC. .
September 23, 1991
.
Susan A Ruby, Esq.
Assistant City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: CONGRESS INDUSTRIAL SERVICE CENTER RIGHT-OF-WAY DEED
Dear Ms. Ruby:
Consistent with my letter to you of August 8, 1991, I enclose a copy of the recorded Partial
Release of Mortgage and UCC-3 Partial Release as same pertain to the 25' which the aty
continues to own. I also enclose a Quit-Qaim Deed from STS Land Associates, LP. as to
any interest it may have in the subject 25 '; you may dispose of this document as you see
fit (e.g., record, file, discard). With these deliveries and the abandonment by the City of
the western 10' of the eastern 35' of our parcel, all issues concerning this property have
been addressed.
---- Sincerely,
.-
MICHAEL SWERDLOW COMPANIES, INC. *
,.
~~
Theodore R. Stotzer
Senior Vice President and General Counsel
TRS:cmo
Enclosures
Venture Corporate Center . 200 South Park Road, Suite 200 . Hollvwood. Floriòa ~~021 .. 1ì'1f'ohonf' /~OS\ ~R1-1000 . F;:¡"( l~fI"\ Q~1.fm7
"
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';Er-:6-17~1 C9: ~1c1m 91 - .263298
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{'This Instrument was prepared by and record and return to: ,
Theodore R. Stotter, Esq.
Michael Swerdlo~ Companies, Inc. / .~.. 6957 pg ·~FF
'·J~.o ...... t t
'Sv', t«.. ,2..00 Rd. ~
";100 Sou~ 90..1'''. . ¡j
Hol\ywc)oJ. IF\. 3 30~ I
PARTIAL RELEASE OF MORTGAGE
KNOW AU.. MEN BY TIlESE PRESENTS:
WHEREAS, SOUTHEAST BANK, NA, a naûonal banking associaûon having its
principal office at One Southeast Financial Center, Miami, Florida, (hereinafter referred
to as the "Mortgagee") is the owner and holder of the following: .
Mortgage from STS lAND ASSOCIATES, L.P. and PORT PROPERTY
ASSOCIATES, L.P., both Delaware limited partnerships (the "Mortgagor")
to Mortgagee dated September 20, 1988 and recorded September 30, 1988,
in Official Record Book 5824, Page 347, as modified by that certain Future
Advance Agreement and Spreader dated May 26, 1989, and recorded June
13, 1989, in Official Record Book 6097, Page 227, all of the Public Records
of Palm Beach County, Florida (the "Future Advance Agreement"),
(collecûvely, the "Mortgage"); and
WHEREAS, the Mortgagor has requested the Mortgagee to release the premises
hereinafter described, being part of said mortgaged premises, from tbe lien and operaûon .
of the Mortgage.
NOW, TIlBREFORB, KNOW VB. that the Mortgagee in consideraûon of the
premises and of the sum of 1EN AND NO/l()() DOLLARS ($10.00) to it in hand paid by,
or on behalf of, the Mortgagor at the ÛIne of the execuûon hereof, the receipt and
sufficiency of which¿,are hereby acknowledged, does hereby remise, release, quit-claim,
exonerate and disc arge from the lien and operaûon of the Mortgage unto the said
Mortgagor, its successors and assigns, that certain portion of the premises conveyed by the
Mortgage more pfrticu1arJy described on Exhibit "A" attacbed hereto and made part hereof
by reference. ~
TO HA VB AND TO HOlD the same with appurtenances unto the Mortgagor, its
successors and assigns forever, freed, exonerated and discharged of and from the lien of the
Mortgage, and every part thereof; provided always, nevertheless, that nothing herein
contained shall in any way impair, alter or diminish the effect, lien or encumbrance of the
aforesaid Mortgage, on the remaining part of the mortgaged premises not hereby released
therefrom or any of the rights and remedies of the holder thereof.
This instrument also releases the hereinabove described property from the lien and
operation of the following documents and any and all other security instruments that the
Mortgagor may hold as of this date encumbering the Property:
1. Collateral Assignment of Leases, Rents, Issues, Proceeds and Profits from
S1'S Land Associates, L.P. and Port Property Associates, LP. dated September
20, 1988 and recorded September 30, 1988 in Official Record Book 5824, Page
442, Public Records of Palm Beach County, Florida, as modified by the Future
Advance Agreement.
2. Collateral Assignment of Agreements Affecûng Real Estate from S1'S Land
Associates, LP. and Port Property Associates, L.P. dated September 20, 1988
and recorded September 30, 1988 in Official Record Book 5824, Page 480,
) Public Records of Palm Beach County, Florida, as modified by the Future
Advance Agreement.
.
'.
--. ~, -- ------.,-
!
" .
~ JI\B 6957 P9 278
IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed
by its duly authorized officer this 28th day of August , ~991.
Signed, sealed and delivered SOUI"HEAST BANK, N.A.
in the presence of: a naûonal banking association
~~~4
ltne~: . . .\. ~ ~ .
(Zll~c..¿' C:t./t.tú... "'::~t:~':{}:" . J
Witness:
':~.!'ß ~~~..
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(Corporate Seal) t~~':~ .,. .~~.
STATE OF FLORIDA ) ~.~~~~~;S~:~,~~~
COUNTY OF )
~ The foregoing instrument was acknowledged before me this ..:J/:zJG day of
!f~ ' 1991, by t!L4.J E tUif~ ' the ~&
Presl . t 0 Southeast Bank, N.A., a national g associaûon OD be of the
assOCi tiOD.
.
(Notarial Seal)
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JRE~ 6957 Fg 279
EXHIBIT "An
DESCRIPTION OF LANDS TO BE QUIT CLAIMED
FROM STS LAND ASSOCIATES, LoP. TO THE CITY OF DEl.RAY BEACH
FOR RIGHT-OF-WAY FOR N,W. 18th AVENUE
THE EASTERLY 25.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE EASTERLY BOUNDARY
UNE. OF THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT A POINT IN THE SOUTH UNE OF THE NOATH HALF (N 1/2) OF THE
SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18, .
SAID UNE BEING HEREINAFTER REFERRED TO AS UNE "A", WHERE SAID UNE INTERSECTS THE
WESTERLY RIGHT·OF·WAY UNE OF THE SEABOARD AIRUNE RAILROAD; THENCE, NORTHERLY.
ALONG SAID WESTERLY RIGHT·OF·WAY UNE, A DISTANCE OF 723 FEET, WHEN MEASURED AT
RIGHT ANGLES TO UNE "An; THENCE. WESTeRLY, PARALLEL TO SAID UNE "A", A DISTANCE OF
300 FEET TO THE POIN~ OF BEGINNING, AND THE SOUTHEAST CORNER OF THE PARCEL OF
LAND HEREIN DESCRIB D:
THENCe. NORTHERLY, PARALLEL TO SAID WESTERLY RIGHT·Of·WAY UNE, A DISTANce OF 171
FEET; THENCe, weSTERLY. A DISTANCE OF 441.18 FEET, MORE OR LESS, TO A POINT IN THE ~
EASTERLY RIGHT·OF·WAY UNE OF CONGRESS AVENUE; THENCE, SOUTHERLY, ALONG SAID
EASTERLY RIGHT·OF·WAY UNe, A DISTANce OF 174 FEET TO A POINT THAT IS 723 FEET
NORTHERLY OF. WHEN MEASURED AT RIGHT ANGLES TO,SAlD UNE "A"; THENCE, EASTERLY,
PARALLEL TO SAID UNE "A", A DISTANCE OF 441.03 FEET, MORE OR LESS TO THE POINT OF
BEGINNING.
;
LESS AND EXCEPT ,ADDITIONAL RIGHT·OF·WAY FOR CONGRESS AVENUE, CONVEYED IN
OFFICIAl RECORDS BOOK 5370, PAGES 1532 AND 1535, PUBUC RECORDS, PALM BEACH
COUN1Y, FLORIDA;
CONTAINING: 4277 SQUARE FEET. MORE OR LESS.
.
THIS IS NOT A SURVEY
. BENCH MARK lAND SURVEYING & MAPPING, INe.
4152 W!ST SLU! H~N I!OU.!VARD ..... 12785 W!ST FOREST HIlL BOt.UVAAO
SUIT! 121 . AtVleAA S!ACH. JI\. SSoI04 SUIT! 131', WYT ~Al.M BEACH, FL ~14
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ø~ U- S..~ Alr1lne ~ RECORD VERIFIED
PALM BEACH COUNTY, FLA
JOHN 8, DUNKLE
THIS IS NOT A SURVEY C1.ERK CIRCUIT COURT
BENCH MARK LAND SURVEYING &: MAPPING, INe.
. 4\12 wm 8LUI HMOH 8OI.UVAIID II ~ 12781 WElT FOREST HIU. SOUl!VAAO
lUTE 121·IWIEM 8eACH. trLSS404 IIJIT'E 131'. WEST PAI.M BEACH. ~L ~14
FÞJf:. (~7) 14+_. PHON!: lo4Ø7l 14f.a101 ,AX: (401) 71~121S. PHONE: (407) 7$.3-1234
C"IC. "''''I..--...~ 0" T'!:04-2S-8' CI<D: W,O,,,,Q3ce.s SH!eT ..2. OF .l..
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. UNIFORM COMMERCIAL CODE - STATEMENT OF CHANGE - FORM UCC·3 REV. 1981
THIS FINANCING STATEMENT II ",.....Ied to. fill", officer for filing purluant to lhe Uniform Commarclal Code:
t InlormaliOn In .Iem. 1 and 2 mull 'Or.. ,"actly willI ,lie or'O"~ IiIIfl9 ",1_'iOn or THIS SPACE FOf' USE OF FILING OFFICER
I' ør'_II,~. D.... T_. Nu",",' FoIitIO OffiC.
DEBTOR (1.111 N..... Fitat il . P..-I
NAME STS LAND ASSOCIATES, L. P. , a Delaware .
1A limited partnership
MAILING ADORESS 777 South Flagler Drive
Suite 1400 SEP-1ó-1991 09:51am 91-263299
CITY West Palm Beach STATE Florida 33401
)( ORB 6957 P9 ..., 81
0 MULTIPLE DEBTOR (IF ANY) (1.111 N..... Firll il. P"_I ...:.
GI
II: NAME PORT PROPERTY ASSOCIATES, L.P., a
...
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... 'B Delaware limited partnership
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<C MAILING ADDRESS South Flagler Drive
z 777
III
z Suite 1400
0
>- CITY West Palm Beach STATE Florida 33401 .
...
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0 MULTIPLE DEBTOR (IF ANY) (\.at N..... Firll il . ""1Oft1
NAME ----'....
..
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MAILING ADDRESS
*
CITY STATE
SECURED PARTY (I..., N..... Firll il . P...onl UPOA TE
NAME SOUTHEAST BANK, N .A. , a national
2A banking association
MAILING ADDRESS AUDIT
One Southeast Financial Center
CITY Miami STATE Florida 33131
MULTIPLE SECURED PARTY (IF ANY) (\.at N..... Fitat II. Penonl YALlDATION INFOf'MATION
NAME
28
MAILING ADDRESS
CITY STATE
3. Tlli. ...I.""nt reI". '0 orlgln.1 FiqnC:ing Stet,....nt lIt'rlng Fil' Nu",", ORB 5824 Pa e 518 'ndllltclwilhthe C1er:
of the Circuit ourt. Palm Beach County. Fla. TIlt Origl~ ... liItcI on September 30 l' 88
4. C ContinuatiOn. -
.......,,- TII. origin.' llnanclng ""-' IItt_ tilt IortgOing DtÞt~'1 and Stc:urM P.rtyCltaj IItlring 1 "'_bIHiiõwn atIowI.ll 11111 ."ecti.,.
I). C T.rmin.hon. Steurtcl party no long.. c:I..... . HCuritJ inflr..t under ,lie IÎftIIIICing 1I.._t IIIlting lilt __ llIown .boooe. ..
6. :J P.rtial S- of Secured party'. righ" undlf lilt F~ ng Stat_lit ..... lIMn "'OOntel '0 ,lit "Sig_ wfIOM name .nd ..... .,. ", fOft" in
Assignm.nt It.m 11. A dlacrlptlOn 01 tile c:oItItI,., IUfljlCt to tilt "'iII_nf .. "10 ..t fOfth in 11_ 11.
7. 0 Full All of Steurecl Party'. rig"" uncJeIlfIe.Finaftc:ing Staf_". ..... lIMn '''OOntel '0 ,lie '''00_ .IIOM "II"" afId add,... .,. lit I~h
Assign_n, in It.m 11.
8. 0 A....ncI....IIt. Financing S'.'_nt ÞIarIng flit ___ "-" aIIo¥e is .meftdtcI as lit fOft" in 11_ n. SigfIalUrt 01 D:ebtor ~ulNCl at lI.m 14 un....
. .....ndment c:na.. only _ or ..... 01 ,it"" party.
9. iX R.Ita... Steured party ,.,- only iIIe c:oIIaMraI dasc:ritIecIln 11_ 1 f lrom tilt Iiflanc:ing I"t_t IIIarIng Ii" numÞlf .1IOwII aÞo.e.
10. 0 ClIKk i' '''''. All Cloc:u....ntuy .tamp ..... Clue and payaÞII or to Þtc:_ Clue .nd pay." pursuant '0 CI\apIIf 201.22. F.S. .....1IMn paid.
11. If mor. spac. is requirtcl. .ttIC" aCICIitiOnal .""" a" I 11.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ~
-
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12. No, of ACIcII'iOnaI SlIM.. 14. SIGNATURE(S}01' 0£8TOACSI Nac:essary Only Fo.
1It.",,'1eI: A....nclment. 5M 11.11'1 a,
-2-
13. Flttum Copy to:
NAME THEODORE R. STOTZER, ESQ.
ADI 5v ¡tfL ÂO 0
- ~....\'k QO"'a.
~OO Sou +'-' .0
cn ~ð tt'f WOOc( I Ft o~ido... -g3~1
ST. . ,-Rt
STANDARD FORM - FORM UCC·3 AØf)tO.eCI by Stc:nItuy 01 StItt, S..,. 01 Flt)n".
"
~ . - .
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EXHIBIT "An
DESCRIP110N OF LANDS TO BE QUIT CLAIMED
FROM 91$ LAND ASSOCIATES, L.P. TO THE CITY OF DELRAY BEACH .
FOR RIGHT-OF-WAY FOR N.W. 18th AVENUE
mE EASTERLY 25.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE EASTERLY BOUNDARY
UNE, OF THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT A POINT IN THE SOUTH UNE OF THE NORTH HALF (N 1/2) OF THE
SOUTHEAST QUARTER (SE 1/4) OF THE NOAil-iEAST QUARTER (NE 1/4) OF SAID SECTION 18,
SAID UNE BEING HEREINAFTER REFERRED TO AS UNE -A·, WHERE SAJD UNE INTERSECTS THE
WESTERLY RfGHT-OF-WA Y-UNE OF.-1;J:iE- SEABOARD AIRUNE RAILROAD; THENCE. NORTHERLY,
ALONG SAID WESTERLY RIGHT-Of-WAY UNE, A DISTANCE OF 723 FEET. WHEN M~SUReD AT
RIGHT ANGLES TO UNE "A"; THENCE. WESTERLY, PARAlLEL TO SAID UNE IAI, A DISTANCE OF
300 FEET TO THE POINT OF BEGINNING. AND THE SOUTHEAST CORNER Of THE PARCEL OF
LAND HEREIN DESCRIBED:
THENce. NORTHERLY. PARALLEL TO SAID weSTERLY RIGHT-OF-WAY UNE. A DISTANCE OF 171
FEET; THENCE, WESTERLY, A DISTANCE OF 441.18 FEET, MORE OR LESS. TO A POINT IN THE
EASTERLY RIGHT-OF-WAY UNE OF CONGRESS AVENUE; THENCE, SOUTHERLY, ALONG SAID
EASTERLy RIGHT·OF-WAY UNE, A DISTANCE OF 174 FEET TO A POINT THAT IS 723 FEET
NORTHERLY OF. WHEN MEASURED AT RIGHT ANGLES TO/SAID UNE MAti; THENCE. EASTERLY,
PARALLEL TO SAID UNE -A-, A DISTANCE OF 441.03 FEET, MORE OR lESS TO -THE POINT Or'!
BEGINNING.
LESS AND EXCEPT ADDITIONAL RIGHT-OF-WAY FOR CONGRESS AVENUE, CONVEYED IN
OFFICIAL RECORQ.S BOOK 5370. PAGES 1532 AND 1535. PUBUC RECORDS, PALM BEACH
COUNiY, FLORIDA; 2~ ì....· ~ -
...
CONTAINING: 4277 SQUARE FEET, MORE OR lESS. ^
THIS IS NOT A SURVEY
BENCH MARK LAND SURVBYJNG & MAPPING, INe. -
41ð2 WesT BLue HERON BOULEVARD -r 127a5 W!ST FOReST HIll. BOUL.£VAAIJ
sure 121 . FWleAA BEACH. Fl ~ SUT! 131'. WEST PALM BEACH. FL 33414
FAX: (407) SH oea - PHONE: (407) 648-2102 FÞX: (407) 7I3-12&S. PHON!: (407) 783-0234
FILE: G3085-2S (WPS1\C:) I DATE: 04-2$81 I BY: J.M. CI(J): I W.O.#: G3CeS I SHEET.!. OF J..
NOTE: SEE SHEET -L OF ..L FOR lEGAl. OESCRlPTiON
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:Yå1S~ U:J&. Sc.tIoud AllUM R&iJraacl . RECORO VERIFIEO
PALM BEACH COUNTY, FLA
JOHN B, DUNKLE
THIS IS NOT A SURVEY CLERK CIRCUIT COURT
.
BENCH MARK LAND SURVEYING & MAPPING, INC.
4t52 WEST BLUE HERON BOULEVARD -r 12781 WEST FOREST HILL BOULEV ARO
SurE 121 . AIVIeAA BEACH. FL ~ surre 1315· WEST PALM BEACH, FL ~14
F~ (~7) 5.4 ee.5I. PHONE: (<107) &4&-2102 FIoX: (407) 183-Ø285 . PHONE: (407) 7e.3-Q234
FU: 03065-25 DATë:04-2S-It BY; J.M. cxc: W.O.#:QSC65 SHEET .L OF .i.
NOTE: SEE SHEET -1- OF ..L. FCR LEQAL DeSCRf~ON
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QUIT.cuI. _ RAMCO FORM 8 .
RitIm to:" (1IICIoIe .eIf.Iddr..... lIamotd IIIYtIoDeI
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TbIa InIInmlllt Preparld fir. ADRIENNE V. SCHMITZ, ESQ..
-. 777 South Flagler Drive, Suite 1400 J
West Palm Beach,Florida 33401
SPAC! AICIVI TItII LId FIlII PIIOCIIIM DATA SPAC! AICIVI TItII UIII FIlII RECllllDlIICI DATA
1his f!uit-04im Iud, Execul.d Ihfa 23rd da, 01 September . A, D. 19 91. b,
STS LAND ASSOCIATES, L.P., a Delaware limited partnership, qualified to do business
in Florida,
Ilnl parI,. 10 CITY OF DELRAY BEACH, FLORIDA
who.. po.'ol/lc. aJdr... fa 100 N.W. 1st Avenue, Delray Beach, Florida, 33444,
second parI,:
~::."::~ .':r:"~-: :rr~~ ~: ::::=.~. -=~i-=.'~I·:..t=· I~':~':::
... adnai.. Of NqIIire.'
1ØítntSStth, ThallI.. said Ilrsl parly. for and in consld.raUon of 11.. sum of S 10.00
in hand paid b, 11.. said .econd pari,. 11.. receipl whereof fa hereb, acltnow!eelged. doe. hereby remise, reo
lease and qull.clalm unlo 11.. .ald .econcl parI, for.".r, all 11.. rlghl. wle. Inl.....I. claim and demand which
11.. .ald (1'" pari, "as In anJ 10 ,,,. (ollDwlng d..cribed 101, plec. or parcel o( land. .ilual., lying and being
In 11.. Counl, 01 Palm Beach SIal. 01 Florida . lo·wil:
See Exhibit "A" attached hereto. .
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To JWt and to Hold 11.. .am. log.,her will. all and singuLar 11.. appurt.nanc.. Ihereunto
belDnglno or In an"wfa. apperlalnlng. and all 11.. ..Ial.. rlg"'. lllle. In I....". lien. equil, and clolm what.
soe"er 0/11.. .ald Ilnl pari,. ellh.,. In low or equil,. 10 11.. onl, proper us.. ben./1I and behoof oflhe said
seconcl part, 10_.
In Uitntss 1Øhtrtøf, Th. .ald fl", parI, has signed and .ea!eel 11.... pr..enl. 11.. .la, and year
firsl abo"e wrfllen. STS LAND ASSOCIATES, L P.
Signed. .ea!eel and d.ltuered In pre..nc. of: BY: HOLLYWOOD STS ASS C rt;.
_~~7L~ BY: HOLLYW D, IN ( E
B'-"- œ
y ,···..·~m: .. '''šWi' r:õC1;" .. ..:....... -........
~ . ~/·CD
A . ",,' '-r ".
Witness: Celeate M. Orlins tt.!l.el ÒD({J<.R~'fÕ· 'zËiG"Šé"crë' ..., y, .....
STATE OF FLORIDA, ~ } (Seal)
COUNTY OF -!-þ J'" BMew
I HEREBY CERTIFY thaI on this day, belor. 1I\e, .n
ollicer duly aulhorized in Ihe Slale aCoresaid and in Ihe Cou nly aCore.aid, ',19 ¡ake," ,cknowledsmenl., penonally appeared I
MICHAEL SWERDLOW and THEODORE R. STOTZER, Pres(~nt and Secretary respectively,
. J
to me known to be Ihe person Sde..ribed in and who executed I~ (d~ñoii Initl'ìu\Íenl and they acknowledged
before me Ihal they execuled Ihe .ame, . ' ~,,,, , ;';
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. EXHIBIT "An
DESCRIPTION OF LANDS TO BE QUIT CLAIMED
FROM 81'S LAND ASSOCIATES, L.P. TO THE CITY OF DEI.RAY BEACH
FOR RIGHT-oF·WAY FOR N.W. 18th AVENUE
THE EASTERLY 25.00 FEET. AS MEASURED AT RIGHT ANGLES TO THE EASTERLY BOUNDARY
UNE. OF THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT A POINT IN THE SOUTH UNE OF THE NORTH HALF (N 1/2) OF THE
SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18,
SAID UNE BEING HEREINAFTER REFERRED TO AS UNE -A·, WHERE SAID UNE INTERSECTS THE
WESTERLY RIGHT·OF·WAY UNE OF THE SEABOARD AIRUNE RAILROAD; THENCe. NORTHERLY,
ALONG SAID WESTERLY RIGHT·OF·WAY UNE, A DISTANCE OF 723 FEET. WHEN MEASURED AT
RIGHT ANGLES TO UNE -A.., THENCE. WESTERLY, PARALLEL TO SAID UNE -A-, A DISTANCE OF .
300 FEET TO THE POINT OF BEGINNING. AND THE SOUTHEAST CORNER OF THE PARCEL OF
LAND HEREIN DESCRIBED:
THENCe. NOR'Tl-lERLY, P.ARALLEL TO SAID WESTERLY RIGHT·OF-WAY UNE. A DISTANCE OF 171
FEET; THENCe. WESTERLY. A DISTANCE OF 441.18 FEET, MORE OR LESS. TO A POINT IN THE
EASTERL Y RJGHT.OF.WA~UNE OF CONGRESS AVENUE; THENCE. SOUTHERLY, ALONG SAID
EASTERLY RIGHT·OF·WÄ UNE. A DISTANCE OF 174 FEET TO A POINT THAT IS 723 FEET
NORTHERLY OF, WHEN MEASURED AT RIGHT ANGLES TO/SAID UNE -A-; THENCE, EASTERLY,
PARALLEL TO SAID UNE -A-, A DISTANCE OF 441.03 FEET, MORE OR LESS TO THE POINT OF .
BEGINNING.
LESS AND EXCEPT ADDITIONAL RIGHT·OF-WAY FOR CONGRESS AVENUE, CONVEYED IN
OFFICIAL RECORDS BOOK 5370, PAGES 1532 AND 1535, PUBUC RECORDS, PALM BEACH
COUNTY, FLORIDA;
CONTAINING: 4277 SQUARE FEET, MORE OR LESS.
THIS IS NOT A SURVEY '
BENCH MARK LAND SURVEY1NG & MAPPING, INe.
4'82 WIlT BLV! H!RON 8CU\.!VAAD .... 127. W!ST' r:OR!ST HIU. BOUl&VARD
SUIT! '21 . IWIEM BlACH, f'L. SS404 SUIT! 131.· WI!.ST I'AI.M BEACH, FL 3.34,..
r:AX:. (407) ......·I'HONI: (407) ...1101 FÞIX:. (407) 7001111 . PHON!: (407) ?a3-0234
. FILE: <J3OI5.2S (WPS1\C) I DATE: 04-..., I BY: J.M. 1CJ<n: I W,O,#: G3CIS I SHEET 1 OF 2
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4152 WEST 8W! H!AON BOULEVARD .;r- 127" welT FORUT HILL BOUl!\lARO
SlIT'! 121 . l IVIS'IA !!ACH, 1'1. »404 SUITE ",.. WEST PALM 8!ACH, If\. S3414
F.'.X: (<107) 144-_ . PHONE: (407) 14W1C11 FÞ:/.: (401) 1IS,nas . PHONE: (407) 7~¡234
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MEMORANI¿UM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ;-r-rv1
SUBJECT: AGENDA ITEM # gp - MEETING OF JANUARY 14, 1992
FINAL PLAT APPROVAL/ISLES OF DELRAY SECTION 2
DATE: January 10, 1992
We have received a request for final plat approval for the replat of
a portion of Isles of Delray, Section 2 located just east of I-9S on
the north side of Lake Ida Road, across from Depot Road.
There is no new development potential created by thi s consideration.
This replat corrects a previous surveyor error and adjusts the
setbacks on some existing residences. However, Lots 26 and 27, Block
4 remain as non-conforming situations as we were not able to correct
existing pool setbacks. This replat also prepares the balance of the
initial subdivision for resubdivision at a later date.
Since this is a replat consideration which does not involve
additional development potential, Planning and Zoning Board
consideration is not required.
Recommend approval of a request for final plat approval for the
replat of a portion of Isles of Delray, Section 2 which corrects a
surveyor error.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: GS~N'~I::AGER
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTM OFrpLANNING AND ZONING
~~~Y7lJ - "
FROM: . Steven E. lor
Planning Technician II
SUBJECT: MEETING OF JANUARY 14, 1992
FINAL PLAT APPROVAL FOR ISLES OF DELRAY SECTION 2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Isles of Delray Section 2, an
amended replat.
The project is located just east of Interstate 95 on the
north side of Lake Ida Road, across from Depot Road.
BACKGROUND:
On March 18, 1980 the City Commission approved the final
plat for Isles of Delray Section 2, a single family lot
subdivision. In August 1991 the Planning Department
received a request to replat a portion of Isles of Delray
Section 2 in order to correct a surveyor's error in the
original plat.
Based upon initial comments from staff such as the need for
a cul-de-sac, posting a surety, dedication of right-of-way,
and the need for easement deeds the applicant revised the
plat submittal. The new replat request was received in
October 1991.
PROJECT DESCRIPTION:
There is no new development potential created by this
consideration. In fact, the number of buildable lots is
reduced from 38 to 20. The replat corrects previous
surveyor errors and adjusts for incorrect setbacks on some
existing residences. However, we were not able to correct
existing pool setbacks on Lots 26 and 27 Block 4 and they
remain as non-conforming situations. This replat also
prepares the balance of the initial subdivision for
resubdivision at a later date.
'.
·
CITY COMMISSION DOCUMENTATION
ISLES OF DELRAY SECTION 2
PAGE 2
PLANNING AND ZONING BOARD CONSIDERATION
Since this is a replat consideration not involving additional
development potential, there is no Planning and Zoning Board
consideration required. (LDR Section: 2.4.5(K) (3)
RECOMMENDED ACTION:
By motion, approve the amended replat for Isles of Delray Section
2.
Attachment:
* Reduced Plat
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":' C5 SO. 00' 52' 51' DO'
I") C6 SO, 00' 55' 58' 00'
C7 SO. 00' 71'10' 38'
C8 ~5. 00' 18'11' 23'
C9 25, 00' 90' 00' 00'
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EASEMENT NOTE TH(I,e: MAY BE ADDITIONS RESTRICT IONS THAT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!1~
SUBJECT: AGENDA ITEM # 8 ~ - MEETING OF JANUARY 14, 1992
WAIVER OF LANDSCAPE REQUIREMENTS/KRAFT FOOD SERVICE
DATE: January 10, 1992
We have received a request from Kraft Food Service for waiver of the
landscape requirements to permit the encroachment of a paved area
into the required 30 foot landscape setback on Congress Avenue.
In December 1991, Kraft Food Service submitted a non-impacting site
plan modification to add an additional paved area on their site for
better truck circulation. During staff review it was discovered that
the new paved area would encroach into the 30 feet of required
landscape setback for Congress Avenue.
As this encroachment does not detract from the site, staff recommends
that the waiver be approved. Site Plan Review and Appearance Board
review is not required for non-impacting modifications.
Recommend approval of waiver of the landscape requirements for Kraft
Food Services to permit the encroachment of a paved area into the
required 30 foot landscape setback.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D HARDEN, CITY MANAGER
THRU: l DAv~J~'¡f?Î"IRECTOR
DEPARTMENT OF PLANNI G A
FROM:
SUBJECT: MEETING OF JANUARY 14, 1992
CONSIDERATION OF LANDSCAPE WAIVER FOR KRAFT FOOD
SERVICE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Waiver from Code Section 4.3.4(H)(6)(b), Special
Landscape Setback from Congress Avenue.
The project is located on the East side of Congress Avenue,
between Atlantic Avenue and Lowson Boulevard.
BACKGROUND:
In December 1991 Kraft Food Service submitted a
non-impacting site plan modification to add additional paved
area on-site for better truck circulation.
During staff review it was discovered that the new paved
area would encroach into the 30 feet required landscape
setback from Congress Avenue.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION
SPRAB review is not required for non-impacting modifications
and pursuant to Code Section 4.6.l6(C)(2), only the City
Commission can grant relief from the landscape requirements.
RECOMMENDED ACTION:
By motion, recommend approval for waiver from Code Section
4.3.4(H)(6)(b), Special Landscape Setback from Congress
Avenue.
Attachment:
* Reduced Site Plan
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
L-, ,
FROM: CITY MANAGER -., 'v
SUBJECT: AGENDA ITEM # r J9 - MEETING OF JANUARY 14, 1992
WAIVER OF LANDSCAPE REQUIREMENTS/FIRE STATION NO. 1
DATE: January 10, 1992
The Site Plan Review and Appearance Board at their June 19, 1991
meeting approved the site and development plans for Fire Station No.
1 located on the north side of Atlantic Avenue, between N.W. 5th and
6th Avenues. At that time it was noted that some of the required
perimeter trees would have to be eliminated at the ingress/egress
points due to sight distance problems associated with the use. This
item is now being brought before you for formal action.
Recommend approval of request for waiver of the landscape
requirements for Fire Station No. 1 to allow elimination of two
perimeter trees.
..
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~;\KJ~~CTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JANET MEEKS, PLANNER I~~
SUBJECT: MEETING OF JANUARY 14, 1992
APPROVAL OF WAIVER FOR PERIMETER LANDSCAPING
REQUIREMENTS RELATING TO VEHICULAR USE AREAS AND THE
ADJACENT RIGHT-OF-WAY FOR FIRE STATION #1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qranting a waiver from LDR Section 4.6.16(H)(3)(a)
(perimeter landscape requirements adjacent to a public
right-of-way) .
The project is Fire Station #1. It is located on the north
side of Atlantic Avenue, between N.W. 5th and 6th Avenue.
BACKGROUND:
At its meeting of June 19, 1991, the Site Plan Review and
Appearance Board approved site and development plans for Fire
Station #1- It was identified in the Landscape Plan Analysis,
that two (2 ) of the required perimeter trees would have to be
eliminated at the ingress/egress points due to sight distance
problems associated with the use. The trees were not relocated
elsewhere on-site, because there is a lack . open space to
accommodate the additional tree canopy.
As a formality this item is now before the City Commission for
final action.
SITE PLAN REVIEW AND APPEARANCE BOARD:
The Site Plan Review and Appearance Board formally reviewed this
item at it's meeting of June 19, 1991 and recommended approval of
the waiver request on a 7-0 vote.
..
"
.
city Commission Documentation
Approval of Waiver for Perimeter Landscaping Requirements
Relating to Vehicular Use Areas and the Adjacent Right-of-way
for Fire Station #1
Page 2
RECOMMENDED ACTION:
By motion, upon positive findings with respect to Section 2.4.7
approve the waiver from LDR Section 4.6.16(H) (3) (a) for Fire
Station #1.
Attachment;
* Site Plan
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
;1
FROM: CITY MANAGER [t'JA./ !
SUBJECT: AGENDA ITEM # ~S - MEETING OF JANUARY 14, 1992
RESOLUTION NO. 1-92
DATE: January 10, 1992
This is a resolution assessing costs for abatement action
required to remove nuisances on 27 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. 1-92 assessing costs for abating
nuisances on 27 properties located within the City.
..
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I
I
!
RESOLUTION NO. 1-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
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. í
!
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
i that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
I 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
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, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land 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 nu~sance(s) against said property owner(s),
.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
, after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of ,1991.
MAY 0 R
ATTEST:
I City Clerk
!
- 2 - Res. No. 1-92
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TH PT OF E'LY77.41' OF NI00' COMMUNITY LAND CORP.ET AL $200.00
OF SI25'OF W 1/4 OF LOT 5 LYG P.O. BOX 50001 50.00 (ADM. COST)
E'LY OF I-95 R/W, SUB OF SEC LIGHTHOUSE PT, FL 33074 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(SW 2ND STREET & SW 15TH AVE)
LOTS 4 & 5, BLK 4, SILVER CONSULTANTS MARKETING $333.00
TERRACE, DELRAY, PB 11, P 61, 14000 N MILITARY TR #104 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH (RECORDING)
COUNTY, FL FL 33484-2630
(1026 SOUTH DIXIE HIGHWAY)
LOTS S6 TO 58 INC., SUNSET MANUEL MOREDA $290.20
PARK, DELRAY, PB 12, P 65, MANUEL E. MOREDA 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1953 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33447
(REIGLE AVENUE)
SSO' OF N36S' OF WI3S' OF BLK FRED MCCOY $ 9S.00
26, TOWN OF DELRAY, PB S, 49S0 NW 15TH COURT 70.00 (ADM. COST)
P 64, PUBLIC RECORDS, PALM MIAMI, FL 33142 (RECORDING)
BEACH COUNTY, FL
(NW 5TH AVENUE)
ESO' OF WS83' OF S140' OF JACQUEL DAWSON $ SO.OO
N165' OF N 1/2 OF NW 1/4 OF C/O ANNAS RETREAT 70.00 (ADM. COST)
SW 1/4 OF NW 1/4, SEC 17-46-43, ESTATE TUTU #E7 (RECORDING)
PUBLIC RECORDS, PALM BEACH ST. THOMAS, VI 00801
COUNTY, FL
(NW 2ND STREET)
LOT 16, BLK 35, TOWN OF GRACE BARNETT $ SO.OO
DELRAY, PB 1, P 3, PUBLIC 1401 39TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. WEST PALM BEACH,FL 33407 (RECORDING)
(NW 3RD AVENUE & NW 1ST ST)
LOT 33, BLK 1, ATLANTIC PINES, B. & CLARA ANDREWS $ 52.00
PB 13, P 77, PUBLIC RECORDS, 21 NW 12TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(21 NW 12TH AVENUE)
LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 94.00
GARDENS, DELRAY, PB 14, P 56, 1720 1ST STREET N 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL 33881 (RECORDING)
COUNTY, FL
(NW 12TH AVENUE)
-3- Re s . No. 1-92
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LOT 2S/LESS N9.7S' & N30' OF ROBERTO GONZALEZ $ 46.00
LOT 26, BLK 10, OSCEOLA PARK, MICHELE ZUPO 70.00 (ADM. COST)
PB 3, P 2, PUBLIC RECORDS, 4647 VILMA LANE (RECORDING)
PALM BEACH COUNTY, FL WEST PALM BEACH,FL 33417
(928 SE 3RD AVENUE)
LOT 19, SEESTEDT STEVENS SUB., THOMAS C & BRENDA LANNI $ 16.00
PB 18, P 3, PUBLIC RECORDS, P.O. BOX 248S86 70.00 (ADM. COST)
PALM BEACH COUNTY, FL MIAMI, FL 33124-8S86 (RECORDING)
(119 NE 7TH AVENUE)
N8S.85' OF S141.8S' OF EllS' DALE J. BRISSON $290.00
OF W15S' OF N 1/2 OF S 1/2 OF 44 BEACH ROAD, NORTH 70.00 (ADM. COST)
NE 1/4 OF SW 1/4 OF SW 1/4, HOBE SOUND, FL 334SS (RECORDING)
SEC 4-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(2237 N. SEACREST BLVD)
LOT 3, WILLIAMS SUB., PB 24, WILLIE A. JENKINS $100.00
P 180, PUBLIC RECORDS, PALM VERONICA HARTSFIELD 70.00 (ADM. COST)
BEACH COUNTY, FL 16343 SIMS ROAD (RECORDING)
(232-234 SW 1STH AVENUE) DELRAY BEACH, FL 33484
E'LY22S.40' OF N300' OF S330' D.E. & ANNIE B. GERMAN $ S9.00
OF SE 1/4, SEC 12-46-42, l467S VIA FLORA 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33484 (RECORDING)
COUNTY, FL
(BRANDON DRIVE)
LOTS 13 & 14/LESS S20', BLK 60 LISA M. WEBB $ 6S.00
(OLD SCHOOL SQUARE HISTORIC 1561 S.CONGRESS AVE.#187 70.00 (ADM. COST)
DISTRICT) , TOWN OF DELRAY, DELRAY BEACH, FL 33445 (RECORDING)
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(NW 1ST AVE & W ATLANTIC AVE)
LOT 5, BLK 7, OSCEOLA PARK, SCOTT & JANE E LAYMAN $ 64.00
PB 3, P 2, PUBLIC RECORDS, WM. & MARILYN HUTCHESON 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 22S N.E. 2STH STREET (RECORDING)
(618 SE 4TH AVENUE) BOCA RATON, FL 33431
NSO' OF S3S6.4' OF E13S' OF AD ELENE JENKINS $ S2.00
BLK 24, TOWN OF DELRAY, PB 1, 24S S.W. 12TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(SW 5TH AVENUE)
LOT 23, BLK 23, TOWN OF DELRAY, GRACE BARNETT $ 69.00
PB 10, P 69, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM. COST)
PALM BEACH COUNTY, FL W. PALM BEACH, FL 33407 (RECORDING)
(SW 3RD STREET)
-4- Res. No. 1-92
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S 1/2 OF LOT 19 & LOT 20, BLK ARTHUR C & DEBRA A $ 8S.00
88, LINN'S. ADDITION TO OSCEOLA HAFEMANN 70.00 (ADM. COST)
PARK, PB 1, P 133, PUBLIC 9898 E WATERMILL CIRCLE (RECORDING)
RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33437
(330 SE 3RD AVENUE)
LOT 9 & N29.51 OF LOT 10 OF CURTIS L & MARY A HANNA $ 48.00
N 1/2 OF BLK 38, TOWN OF 210 S.W. 3RD AVENUE 70.00 (ADM. COST)
DELRAY, PB 11, P 34, PUBLIC DELRAY BEACH, FL 33444 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL
(304 SW 1ST STREET)
LOTS 6 & 7, BLK IS, TOWN OF LUCIUS SIMMONS $ 64.00
DELRAY, PB 13, P 18, PUBLIC 1301 KANAB AVE. NW 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL PALM BAY, FL 32907 (RECORDING)
(SW 7TH AVENUE)
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT & PATRICIA ALLEN $ 36.00
PB 12, P 81, PUBLIC RECORDS, 206 S.W. 2ND AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(206 SW 2ND AVENUE)
S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 34.00
BLK 56, TOWN OF DELRAY, PB 20, 303 S.W. 2ND AVENUE 70.00 (ADM. COST)
P SS, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(303 SW 2ND AVENUE)
LOT 2, BLK 22, TOWN OF DELRAY, EDDIE & YVONNE L ODOM $ 40.00
PB 10, P 38, PUBLIC RECORDS, 3905 LOWSON BLVD. 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 3344S (RECORDING)
(SW 1ST STREECT)
W 1/2 OF LOT 7, BLK 30, TOWN ALBERT MARTIN $ S2.00
OF DELRAY, PB 1, P 3, PUBLIC MARILYN S. BARON 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL P.O. BOX 414002 (RECORDING)
(SW 5TH AVENUE) MIAMI BEACH, FL 33141
S 1/2 OF LOT S, BLK 30, TOWN OF ETHEL J. MACKEY $ 60.00
DELRAY, PB 1, P 3, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 1120 N.W. 64TH STREET ( RECORD ING)
(SW STH AVENUE) MIAMI, FL 331S0 .
LOT 23, BLK 4, ODMANN'S SUB., LEON I & GAIL R JENKINS $lS5.00
PB 4, P S3, PUBLIC RECORDS, 3949 DOLPHIN DRIVE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 3344S (RECORDING)
(SW 14TH AVENUE)
-S- Res. No. 1-92
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LOTS 23 TO 28, BLK 5, TIITF/STATE OF FLORIDA $136.58
SOUTHRIDGE, PB 13, P 38, FORMER MURPHY ACT LAND 70.00 (ADM. COST)
pUBLIC RECORDS, PALM BEACH 3900 COMMONWEALTH BLVD. (RECORDING)
COUNTY, FL TALLAHASSEE, FL 32399
(SW 8TH AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO ,BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 1-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (p)
SUBJECT: AGENDA ITEM # ~-r - MEETING OF JANUARY 14, 1992
RESOLUTION NO. 2-92
DATE: January 10, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
1012A Germantown Road. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $3,276.90 remains unpaid.
Recommend approval of Resolution No. 2-92 assessing costs to
demolish an unsafe building on property located at 1012A Germantown
Road.
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RESOLUTION NO. 2-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of OrdiI'1ances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition 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 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray 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) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
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 and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
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 certified mail, postage prepaid,
return receipt requested, 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 has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
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 six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived 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 certi-
fied 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 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
I
·M A Y 0 R
ATTEST:
City Clerk
- 2 - Res. No. 2-92
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NOTICE OF ASSESSMENT
Date
TO: Roberto Chang
ADDRESS: c/o James L. Eisenberg, Esq. One Clearlake Centre, Suite 1300
250 Australian Avenue So., West Palm Beach, Fl 33401
PROPERTY: 1012A Germantown Road, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 3, Esquire, Plat Book 23, Page 43 of the official
records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $3,276.90 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1991, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 12-14-88
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to' take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 11-6-91
at a cost of $3.276.90 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl"7'-',/1
SUBJECT: AGENDA ITEM # flu - MEETING OF JANUARY 14, 1992
RESOLUTION NO. 3-92
DATE: January 10, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building located on the lot
west of 106 N.W. 11th Avenue. The Resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $1,478.40 remains unpaid.
Recommend approval of Resolution No. 3-92 assessing costs to
demolish an unsafe building located on the lot west of 106 N.W.
11th Avenue.
..
, .
.-----
RESOLUTION NO. 3-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to ·Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition 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 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
'.
--- ,------- ~-----_.,-----,-' _.~---~-
...-. ......-___n_
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray 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) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section l65~42
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 and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
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 certified mail, postage prepaid,
return receipt requested, 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 has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
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 six
percent (6 %) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived 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 certi-
fied 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 6 %, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
. - 2 - Res. No.
3-92
'. "".
NOTICE OF ASSESSMENT
Date
TO: Willie F. Quince
ADDRESS: 102 SW 9th Avenue, Delray Beach, Fl 33444
PROPERTY: lot west of 106 NW 11th Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTION: NSO' of S100' of E32.S' of W19S' of S! of N! of Lot 6
in sec. 17-46-43
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $1.478.40 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1991, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 6-12-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of ~onstruction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 10-29-91
at a cost of $1,478.40 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
..
·
-
~
~
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
~
"
.. a
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
-jv1
FROM: CITY MANAGER t :
SUBJECT: AGENDA ITEM # ~ V - MEETING OF JANUARY 14, 1992
RESOLUTION NO. 4-92
DATE: January 10, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building located at 615 N.W. 2nd
Street. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the
event the assessment of $2,886.40 remains unpaid.
Recommend approval of Resolution No. 4-92 assessing costs to
demolish an unsafe building on property located at 61S N.W. 2nd
Street.
,- "."
"
-.
RESOLUTION NO. 4-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said 1and(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the 1and(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition 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 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
.. "·1'
,-
.
,
d_ _~.". .._._.___~ _.____ _,__
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
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 certified mail, postage prepaid,
return receipt requested, 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 has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
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 six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived 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 certi-
fied 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 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAYOR
ATTEST:
City Clerk
. - 2 - Res. No. 4 -9 2
If 1"1·
.. .
.
NOTICE OF ASSESSMENT
Date
TO: Michael Wilson
ADDRESS: 6215 Jarpur Court, Boynton Beach, Fl 33437
PROPERTY: 615 NW 2nd Street, Delray Beach, FI 33444
'ïUwn or 1Jélray,
LEGAL DESCRIPTION: E50' of WI00' of S135' of Block 10,according to Plat Book
1, Page 3 of the official records of Palm Beach County, FI
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of$.2.886.40 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1991, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 1-25-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to tak~ the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 10-30-91
at a cost of $2,886.40 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
'.
, .
. .
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
~ ~..'
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM # rw - MEETING OF JANUARY 14, 1992
RESOLUTION NO. S-92
DATE: January 10, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building located at 9S S.W. Sth
Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the
event the assessment of $2,732.40 remains unpaid.
Recommend approval of Resolution No. S-92 assessing costs to
demolish an unsafe building on property located at 9S S.W. Sth
Avenue.
.. '"''
"
-
:¡ RESOLUTION NO. 5-92 i-
Ii A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY I
: BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF I
,j ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
i LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
:¡ OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH I
I ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
I FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST 1
.¡ ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
"
'I TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
:1 SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
\1 THE MAILING OF NOTICE.
I
i WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representa ti ve has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of De lray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition 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 amount of
as shown by
the report of the City Manager of the City of De1ray 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) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
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 and
with the same penalties and under the same- provisions as to sale and
foreclosure as City taxes are collectible.
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 certified mail, postage prepaid,
return receipt requested, 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 has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum, i
plus reasonable attorney's fees and other costs of cOllecting said sums. ,
I
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
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 six
percent (6 %) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived 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 i
a certified copy of this resolution in the public records of Palm Beach I
County, Florida, and upon the date and time of recording of the certi-
fied 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 6 %, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
I
MAYOR
ATTEST:
City Clerk
. - 2 - Res. No. 5-92
'.
. , -
NOTICE OF ASSESSMENT
Date
TO: Charles Terry a/k/a Charlie Terry
ADDRESS: 95 SW 5th Avenue, Delray Beach, Fl 33444
PROPERTY: 95 SW 5th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lots 28 and 29, Block 29, City of Delray Beach
Plat Book 9, Page 66 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $ 2. 732.40by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1991, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 4-12-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the~oard
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 11-8-91
at a cost of $2,732.40 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
,. ,,¡ ,
.
. ' ~
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
.
- to...
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [11'1
SUBJECT: AGENDA ITEM # ~X - MEETING OF JANUARY 14, 1992
RESOLUTION NO. 6-92
DATE: January 10, 1992
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
3401 West Atlantic Avenue. The Resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $22S.S0 remains unpaid.
Recommend approval of Resolution No. 6-92 assessing costs to
board up an unsafe building located on property at 3401 West Atlantic
¡'venue .
..
..
- ------.------
__'_'_"'_ ____.n'.'____,____ _..'___. ___ __
__ ._._~.._._.. - ______._..__.___ _~____. __n __
-- .....- _._-~-----~
RESOLUTION NO. 6-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of De1ray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in ~ccordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition 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 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
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 and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
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 certified mail, postage prepaid,
return receipt requested, 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 has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
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 six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived 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 certi-
fied 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 6 %, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
. - 2 - Res. No. 6-92
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NOTICE OF ASSESSMENT
Date
TO: David Jones Builders, Inc.
ADDRESS: c/o Resolution Trust Corporation c/o Ms. Tony Meyer
927 Clint Moore Road, Boca Raton, Fl 3348/
PROPERTY:. 3401 West Atlantic Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTION: Sly 371.17' of th pt of NW1/4 of SE1/4 lyg N of & adj to
SR 806 & E of & adj to E-4 Cnl r/w in Section 18-46-43
You, as the record owner of. or holder of an interest in, the above-
described property are hereby advised that a cost of $225.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
. 1991, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 10-31-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 11-8-91
at a cost of $225.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I1/iIl
FROM: CITY MANAGER~ '
SUBJECT: AGENDA ITEM # <6Y - MEETING OF JANUARY 14, 1992
AWARD OF BIDS AND CONTRACTS
DATE: January 10, 1992
This item is before you to approve the award of the following bids
and contracts:
lo Water Treatment Plant Lime Softening Project -
Environmental Services - Elkins Constructors, Inc. in the
amount of $3,98S,OOO with funding from Water Plant
Conversion - Buildings (Account No. 447-S164-S36-60.31).
2. Rental Rehabilitation - 219-221 S.E. 3rd Avenue -
International Construction Corp. in the amount of $IS,OOO
with funding from Housing Rehabilitation (Account No.
118-197S-SS4-34.81). Applicants share $lS,3S0.
3. Housing Rehabilitation - various address (listed below
- various vendors as indicated- with funding from CDBG
Housing Rehab (Account No. 118-1963-SS4-60.23):
-117 S.W. 9th Avenue - Gamzo, Inc. - $10,295.2S
-334 S.W. 10th Avenue - Henry Haywood - $16,6S8.2S
-227 N.W. Sth Avenue - Gamzo, Inc. - $16,836
Recommend approval of the award of the above bids and contracts with
funding as indicated.
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. Agenda Item No.:
AGENDA REQUEST
Date: 01/03/92
Request to be placed on:'
xx Regular Agenda Special Agenda Norkshop Agenda
When: January 14, 1992
Description of agenda item (who, what, where, how much) : Staff request City
Commission to approve construction for Water Treatment Plant Lime Softeninq proiect to Elkins Constructors, Inc.
for amount $3,985,000 Bid #91-87 Project #91-22 Funding 447-5164-536-60.31
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval to Elkins Constructors, Inc. in the amount of $3.98~00.00
....
Department Head Signature: '/.!){~c>-=} 113hZ-
Determination of Consistency with Comprehensive Plan=
.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all itetts involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: ~l""'Si~-S3C W-?>UkrER. PLJtNT C-oNVERS/öN
Account Balance: (P,33?'l531,so 13U.llDINlStS
City Manager Review:
.~ /;
Approved for agenda: (iv NO c!J'.A
Hold Until: (. i
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: George Abou-Jaoude
Deputy Director/Public utilities
SUBJ: DELRAY BEACH WATER TREATMENT PLANT
LIME SOFTENING PROJECT
PROJECT #91-22
DATE: January 7, 1992
Staff has reviewed CH2M Hill tabulation and recommendation
for the Lime Softening project.
We concur with their findings and recommend award to lowest,
responsible, responsive bidder, Elkins Constructors, Inc. Elkins
has done work for the city of Delray Beach and their performance
has been good.
/24
/
George Aþou-Jaoude
Deputy Director/P.U.
GA:pw
cc: William H. Greenwood, Director of Environmental Services
FILE; 91-22 D
Memos To City Manager
8:YJ
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. f.;O~,J 11-Z~
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~. Engineers 'i ~ '.J' ~ c; : I ~:!'. ¡. , ;" r \,' p: r ....
- Planners
Æm:11lI Economists () 11'''1/ ':.? P:1 I: f¡ 5
.J ,u. \. ~
- Scientists
~ .~ ~ ø". ",." ~., .i '.. ¿..': ~ ,~
November 25, 1991
SEF30787.B6
Mr. William Greenwood
Director of Environmental Services
City of Delray Beach
4.34 South Swinton Avenue
Delray Beach, FL 33444
Dear Bill:
Subject: Delray Beach Water Treatment Plant Improvements
Construction Contract Award
Bids for construction of the Water Treatment Plant Improvements (Conversion to Lime
Softening) were opened and publicly read on Wednesday, November 13, 1991 at City Hall. The
specified basis of award is the lowest lump sum bid, without consideration of substitute (write-in)
alternates and, assuming the bid is within the City's available funds for this project, without
consideration of an owner-option deduct of one vacuum filter. The lowest bid was submitted by
Elkins Constructors, Inc. (Elkins) of Jacksonville, Florida. The lump sum base bid amount was
$4,235,000. Assuming that this amount is within the City's construction budget for this project,
we recommend that the construction contract be awarded to Elkins, It is worth noting, that if the
bid amount is not within the City's available funds and the deductive alternate were considered,
Elkins still would be the low bidder.
A total of eleven general contractors submitted proposals. They are summarized in the attached
Bid Tabulation.
We have reviewed Elkins' proposal for compliance with the requirements set forth in the bid
documents. Elkins' proposal is complete and meets the bidding requirements stated in the bid
documents. Elkins has indicated that they plan to subcontract electrical and painting work on
this project. This subcontracted work is less than 15 percent of the total lump sum bid amount,
and meets the City's criteria that not more than 60 percent of the work be perfonned by
subcontractors.
CH2M HII.l Gainesville Office 7201 N,W. 1 Jth Place, Gainesville, Fl32605-3158 904,331.2442
P.O. Box 147009, Gainesville. Fl 32614-7009 FAX, 904.331.5320
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Elkins has completed the "Infonnation Required of Bidders" and "Questionnaire" fonns included
in the Proposal. CH2M HILL has worked with Elkins on several water and wastewater projects
during the last five years. Their perfonnance on these projects has been good. In summary,
based on our review of the above-noted infonnation, Elkins appears to be a qualified and
responsible general contractor.
Elkins has also included several proposed alternate equipment manufacturers in the "Major
Equipment/Supplier Schedule" which need to be evaluated before "Notice of Tentative Award"
is issued by the City. This will aUow the contract price to be detennined. Therefore, we
recommend that the City issue the "Notice of Tentative Award" included in the contract
documents to Elkins when the Contract amount is finalized.
We are now in the process of reviewing Elkin's proposed substitutes for items in the major
.equipment/supplier schedule and will report our finding to you when completed. Per the contract
documents, the City has the authority to make the fmal decision regarding acceptance of
substitutes. If you have any questions or need any additional assistance, please feel free to call
us.
Sincerely,
CH2M IDLL
cP~â. ~
Robert A. Bergman, P .E.
Project Manager
Attachments
xc: John Curtiss/CH2M HILL
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(~)- Engineers
- Planners
ŒiJ1l1IlJ Economists
- Scientists
November 27, 1991
SEF30787. Bt>
Mr. William H. Greenwood
Director of Environmental Services
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Dear Bill:
Subject: Apparent Low Bidder for Delray Beach WTP Modifications
Evaluations of Proposed Write-In Alternate Equipment
As part of services during bidding, CH2M HILL has evaluated the proposed write-in alternate
equipment submitted by the apparent low bidder (Elkins Constructors, Inc.) for conformance with
the Contract Documents. Any accepted substitutes would result in a deductive price from the
$4,235,000 lump sum bid.
The PROPOSAL allows for bidders to propose alternate equipment for the items listed in the
MAJOR EQUIPMENT/SUPPLIER SCHEDULE. If a hidder elects to propose any alternate
equipment, the PROPOSAL requires that, "Bidder shall suhmit information as described below
for the City's use in determining the equality or desirability of proposed unnamed (write-in)
equipment/supplier alternates, Bidder's failure to comply with the following requirements will
result in a determination by the City that the proposed alternate is "not desired"." Having
evaluated the equipment suhmittals included with the PROPOSAL, we report the following
findings for your consideration.
1. Alternate equipment was proposed for the Fi1ter Washwater Recovery ,Basin
Sludge Pump, Lime Slurry Feed Pump, Sludge Recycle Pump, and the Sludge
Blowdown Pump. None of the information required by the PROPOSAL was
submitted concerning any of these pumps, and therefore, no evaluations were
made for this equipment. A total potential deduct of $10,000 was proposed for
these substitute items, representing only 0.24 percent of the lump sum bid. ll1e
CITY should consider this equipment "not-desired", if deemed appropriate,
according to the Contract Documents.
C/·/2M IIIIL GaInesville Office 7201 N.w. 11th Place, Gainesville, FL 32605-3158 904.331.2442
PO, Box 147009. Gainesville. FL 32614-7009 FAX. 904,331,5320
.,
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2. Alternate equipment was proposed for the VenturilEjector Packed Tower Scmbber
System with a potential deduct of $20,000. The information package submitted
for this equipment was substantially incomplete. The submittal included only a
brief description of the equipment, the service conditions, and an elevation view.
No detailed information showing equipment layout, performance data, previous
installations of similar equipment, or any exceptions to the specifications.
Therefore, a full engineering evaluation of the alternate equipment could not be
made. The equipment should be considered "not-desired" by the CITY.
3. Westech was proposed as a substitute for Eimco for the Vacuum Filter System.
A potential deduct of $10,000 was proposed. The information submitted for this
item was complete as defined by the PROPOSAL. The information was evaluated
and the following points are noted.
A. Two exceptions to the Specifications were requested by Westech. Both
concerned the output speed range of gear reducers and CH2M HILL
considers this to be a minor issue.
B. Westech indicates that they can build a vacuum filter that allows up to 60
percent submergence of the filter dmm area. It is CH2M HILL's
understanding that Westech has not previously constmcted a unit which
allows more than 50 percent submergence.
C. We stech has very limited experience with vacuum filters in lime sludge
dewate~ing app1ications. They provided names of five Westech
installations in the information submitted with the PROPOSAL, but only
one of these was for 1ime sludge dewatering.
D. CH2M HILL contacted the Slippery Rock Municipal Authority
(Pennsylvania), the only Westech vacuum filter installation listed in
Westech's submittal which dewaters lime softening sludge. This unit has
been installed for two years and is considerably smaller (3-foot dmm
diameter by 3-foot belt width) than is designed for the Delray WTP (8-foot
drum diameter by 12-foot belt width). We were told the unit has only
operated for one shift per day, two days per week for the first year of
operation. The unit was not needed and has not operated at all for the last
six months, Operation wilt begin soon for the winter months. The plant
operator said he had no negative comments to report.
E. We also contacted the Key West, FL wastewater treatment plant designed
by CH2M HILL in 1986. A Westech vacuum filter is in service for
dewatering the ash from a fluidized bed incinerator. This is a 3-foot dmm
diameter by 5-foot belt width unit. The operators reported some problems
with liquid splashing from the filter tank as it entered the vacuum filter
unit. Some additional problems were reported with the "doctor blade"
hanging up and not removing sludge (ash) from the belt. This caused
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sludge to fan onto the floor as the drum made its next revolution. No
serious mechanical problems were reported with this unit. Westech was
reported to be responsive to spare parts orders.
F. The price deduct offered by Elkins Constructors for use of the Westech
vacuum filter substitute is $10,000, It should be noted that 5 other bidders
proposed Westech vacuum filters as a substitute for Eimco vacuum filters
(one of the two specified and named suppliers in the Contract documents).
The other contractors' price deducts ranged from $15,000 to $40,000, with
four of the price deducts being $20,000 or more. Logically it would seem
that contractors would not give a deduct for an amount larger than the
savings they received from the equipment supplier.
G. The equipment representative for Westech, Moss-Kelley, has offered to
arrange for CH2M HILL to visit one of Westech's installations in the
southeast. If the City feels that pursuing the Westech equipment is
desirable, then CH2M' HILL would be amenable to visiting a Westech
installation if the cost for this visit were borne by either Moss-Kelley or
the City. The offered deduct of $10,000 for the Westech equipment is
0.24 percent of the overall contract amount. If the City were to have
CH2M HILL visit one or more Westech installations, the additional cost
would offset at least a portion of the savings realized by accepting this
equipment. Furthennore, the schedule for the contract award W01.1ld be
negatively impacted.
Based on the findings listed above, it is recommended that none of the proposed alternate
equipment be accepted. According to the Contract Documents, the City is to make final
detennination of substitute equipment acceptance. If the City elects to consider the proposed
substitutes as "not desired", the contractor must supply the originally specified equipment
indicated in the PROPOSAL as part of the lump sum bid amount. If you require additional
infonnation or would like us to evaluate the proposed substitute equipment in more depth, please
contact us.
Sincerely,
æ~t1, ~~
CH2M HILL
Robert A. Bergman, P,E,
Project Manager
cc: John CurtissfCH2M HILL
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Agenda I tem No. :
AGENDA REQUEST
Date: JANUARY 2, 1992
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: JANUARY 14, 1992
XX CONSENT AGENDA
Description of item (who, what, where, how much):
CASEI ADDRESS RR AMT. INVESTOR' S SHARE
91-006RR 219-221 S.E. 3RD AVENUE $15,000.00 $15.350.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT #'S
118-1975-554-60.23 (RRP SHARE) AND 118-1975-554-34.81 (INVESTOR'S SHARE)
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). !
Department Head Signature, ~ ~ ~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO I
Funding alternatives: (if applicable)
Account No. & Description: ~1S-S54,~23 ftOU~lN6 ~~tfA8
Account Balance: £ ',D20.~3
Hg-~q1~ -6$4 ,3+-ß/ C>f11Z&N I1Þr1LH/REA
Ci ty Manager Review: ~ ~ 1 TAL.
. I ~o Ii R~UA6
Approved. for agenda: (6$/ NO fjh//
Hold Unt11: -
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden, City Manager ~
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer !/ff
DATE: January 6, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 14, 1992 - BID AWARD - BID #92-08
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award contract to low responsive
bidder, Intercontinental Construction Corporation, for rental
rehabilitation project as listed below, at a cost of $30,350. Per
the Finance Department, funding for the City's participation is from:
( ) .
Background:
The Community Development Division handles and processes its own
formal bids on rental rehabilitation projects.
Purchasing's review of Bid #92-08 finds it to be in compliance with
City purchasing procedures.
Property Contractor Amount
219-221 SE 3rd Ave. International Construction Corp. $30,350.
(The City's Share - $15,000.)
The low bidder, Abisset Corporation, did not bid on all items as
required, and did not submit a bid security check as required, and is
therefore unresponsive.
Recommendation:
Staff recommends award to the low responsive bidder,
Intercontinental Construction Corporation, at a contract amount of
$30,350. Funding as outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
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M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR j} ~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: JANUARY 2, 1992
'sUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
/
ITEM BEFORE THE COMMISSION
This is to request approval of one Rental Rehabilitation Deferred
Loan for two ( 2 ) rental units. This request is in accordance
with the City's Community Development Division's approved
policies and Procedures.
BACKGROUND
'"['he program provides for the rehabilitation of investor owned
substandard units, located within the CDBG Target Area. Contract
awards are based on actual cost of the rehabilitation to an
eligible structure. Owners are eligible for a dollar for dollar
match of Rental Rehabilitation Funds for total cost, not to
exceed $8,500 per unit.
Community Development staff provides the detailed work write-ups,
cost estimates for work specifications, and bid process for all
eligible structures. Investors are required to escrow their
share of the cost with the City prior to the issuance of the
JMotice to Proceed.
Inspection of work will be done by the Community
Improvement Department's Building and Community Development
Divlsions. Contracts will be executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay requests require both contractor's and owner's
signatures. Funds are disbursed on the basis of a dollar for
dollar match of the owners share with the Rental Rehabilitation
Funds. The owners and properties have met the eligibility
requirements as specified in the Rental Rehabilitation Program
description.
Detailed work write-ups and individual files are available for
review at the Community Development Office.
RR14/PG1
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION
BID INFORMATION SHEET
BID #: 92- 08
APPLICANT: CARLETON & SUSAN SHEETS
APPLICATION #: 91-006RR
PROJECT ADDRESS: 219-221 SOUTHEAST 3RD AVENUE
DATE OF BID LETTERS: NOVEMBER 15. 1991
DATE OF BID OPENING: NOVEMBER 26. 1991
NAME OF CONTRACTORS AMOUNT OF BID
(INCOMPLETE BID-
~BISSET CORPORATION $ 29,460.00 NO BID BOND CHECK)
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
FIRST CONSTRUCTION OF P.B. $
GAMZO, INC. $ 30.878.00
MARK GRIFFITH CONTRACTOR $
HENRY L. HAYWOOD ~,
INTERCONTINENTAL CONSTRUCTION CORP $ 30.350.00
MJD CONSTRUCTION SERVICES $
MSL CONSTRUCTION, INC. $
MSS CONSTRUCTION $
PRESTON CONSTRUCTION $
IN - HOUSE ESTIMATE: $ 30.895.00
CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP.
BID/CONTRACT AMOUNT: $ 30.350.00
COMMENTS: LOW BIDDER
BIDFORM/PG4
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RECOMMENDATION
Staff recommends the awarding of a Rental Rehabilitation Loan for
the following:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
INTERCONTINENTAL 219-221 SE 3RD AVE. $15,000.00 $lS,350.00
RR14/PG2
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Agenda Item No. :
AGENDA REQUEST
Date: JANUARY 2. 1992
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: JANUARY 14.' 1992
XXX CONSENT AGENDA
Description of item (who, what¡ where¡ how much):
CASE # ADDRESS GRANT AMOUNT
90-008HR 117 SOUTHWEST 9TH AVE. $10,295.25
91-031HR 344 SOUTHWEST 10TH AVE. $16,658.25
90-009HR 227 NORTHWEST 5TH AVE. $16,836.00
,
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-60.23
GRANT AMOUNT INCLUDES CONTINGENCY.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). !
Department Head Signature: ~ ~~-- þ/y/
~
~ ¡
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO '
Funding alternatives: Ñ/~ (if applicable)
Account No. & Descd¡tion: "f 1'1'-3 SSY- &.0 l.3
Account Balance: IgO,l;J./9~ ~'c.'
City Manager Review:
Approved for agenda: (S$J/ NO (r1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/~
Administrative Services
FROM: Ted Glas, Purchasing Officer i/~)-
DATE: January 07, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 14, 1992 - BID AWARD - BID #92-15
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission 1S requested to award contracts to contractors
listed below, at a total combined cost of $43,789.50. Per the
Finance Department, funding in from:
( ) .
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation.
Property Contractor Amount
117 SW 9th Avenue Gamzo, Inc. $10,295.25
334 SW lOth Avenue Henry Haywood 16,658.25
227 NW 5th Avenue Gamzo, Inc. 16,836.00
Recommendation:
Staff recommends award to the low bidders as stated above, at a total
cost of $43,789.50. Funding as stated above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
~Y3
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M E M 0 RAN DUM
'fO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ~
DATE:
JANUARY 2, 1992
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for three Housing Rehabilitation
Grant Awards. This request is in accordance with the City's
Community Development Division's approved policies and
Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder, plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grants be awarded for the
following:
Case# Address Grant Amount
90-008HR 117 S.W. 9TH AVE. $10,295.25
91-031HR 344 S.W. 10TH AVE. $16,658.25
90-009HR 227 N.W. 5TH AVE. $16,836.00
HR2
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 92-J.í
APPLICANT: RUBY RIGGLEMAN
APPLICATION #: 90-008HR
PROJECT ADDRESS: 117 SOUTHWEST 9TH AVENUE
DATE OF BID LETTERS: DECEMBER 9, 1991
DATE OF BID OPENING: DECEMBER 19, 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 10,735.00
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GAMZO, INC. $ Q,RO'1.00
HENRY L. HAYWOOD 1> 12,935.00
INTERCONTINENTAL CONSTRUCTION CORP $ 16,035.00
MARK GRIFFITH $
MJD CONSTRUCTION SERVICES $ 12,765.00
MSL CONSTRUCTION, INC. $ 15.295.00
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $ 11.925.00
IN - HOUSE ESTIMATE: $ 15,020.00
CONTRACTOR AWARDED CONTRACT: GAMZO, INC.
BID/CONTRACT AMOUNT: $ 9,805.00
COMMENTS: LOW BIDDER (GAMZO, INC.) WAS GIVEN THE OPPORTUNITY TO WITHDRAW HIS
BID CONSIDERING THE VAST DIFFERENCE IN HIS BID AND THAT OF IN-HOUSE. CONTRACTOR
STANDS BY BID AND IS CONFIDENT THAT WORK AS SPECIFIED CAN BE PROVIDED FOR THE
BID AMOUNT.
BIDFORM/PG1
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 92- 15
APPLICANT: Shirley Bush
APPLICATION #: 91-031HR
PROJECT ADDRESS: 344 SOUTHWEST 10TH AVENUE
DATE OF BID LETTERS: DECEMBER 9, 1991
DATE OF BID OPENING: DECEMBER 19, 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $17,355.00
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GAMZO, INC. $19.437.00
HENRY L. HAYWOOD $15.865.00
INTERCONTINENTAL CONSTRUCTION CORP $19.185.00
MARK GRIFFITH $
MJD CONSTRUCTION SERVICES $17,511.00
MSL CONSTRUCTION, INC. $2S,1c)/i 00
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $16,685.00
IN - HOUSE ESTIMATE: $ 16,715.00
CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD
BID/CONTRACT AMOUNT: $ 15,865.00
COMMENTS: LOW BID
BIDFORM/PGl
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 92- 15
APPLICANT: CARL WILLIAMS
APPLICATION #: 90-009HR
PROJECT ADDRESS: 227 NORTHWEST 5TH AVENUE
DATE OF BID LETTERS: DECEMBER 9, 1991
DATE OF BID OPENING: DECEMBER 19, 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GAMZO, INC. $ 16,836.00
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $
MARK GRIFFITH $
MJD CONSTRUCTION SERVICES $ 19,870.00
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $
IN - HOUSE ESTIMATE: $14,675.00
CONTRACTOR AWARDED CONTRACT: GAMZO, INC.
BID/CONTRACT AMOUNT: $ 16,836.00
COMMENTS: LOW BID
BIDFORM/PGl
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MEMORANDUM ~ ~
TO: MAYOR AND CITY COMMISSIONERS ~ motid.
FROM: CITY MANAGER ¡1v1
SUBJECT: AGENDA ITEM # q R - MEETING OF JANUARY 14, 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: January 10, 1992
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period
December 10, 1991 through January 10, 1991. The following actions
were considered during this reporting period:
Planning and Zoning Board:
The Planning and Zoning Board did not consider any
appealable items during this reporting period.
Site Plan Review and Appearance Board:
-Approved the architectural elevations to allow a new
mansard roof and decorative columns at Delray Rug Company.
IJppœ/f:D -Approved the architectural elevations (carport elevation
changes) at the Historic Executive Suites of Delray (4-3
bLf mf. !JnOefWS vote) .
-Approved the landscape plans for the Palm Beach County
Middle School.
-Approved a minor site plan modification, architectural
elevations and landscape plans associated with a car wash
addition at the Amoco Gasoline Station. Concurrently, the
Board waived the requirement for dedication of five feet
of right-of-way for N.W. 8th Avenue.
-Approved the architectural elevations and landscape plans
in conjunction with the addition of two new model types at
Clearbrooke Subdivision (aka Hidden Lakes).
-Approved the architectural elevations and landscape plans
in conjunction with the addition of two new mode 1 types at
Windy Creek Subdivision (aka Hanover Square).
Site Plan Review and Appearance Board:
-Approved a color change for perimeter wall facing Congress
Avenue for Rainberry Lakes Subdivision.
Historic Preservation Board:
A-p p<ëJt' 'ë.O -Granted a Certificate of Appropriateness to allow the
bl.{ DIè. Alpç..eil\ enlargement of a dumpster area and elimination of
landscaping adjacent to the dining deck at Brandy's
Waterside Cafe.
-Granted a Certificate of Appropriateness for a color
change to the building awning and renovations of the rear
parking lot entrance for the Boyd Building.
A detailed staff report is attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CJ::d~RD~~ CITY, MANAGER
THRU: D .. ID J. KOVACS, ~TOR
~EPARTMENT OF PLANNING AND ZONING
~~'" Cà\~~
FROM: ASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF JANUARY 14, 1992
REPORT OF APPEALABLE LAND USE ITEMS
DECEMBER 10, 1991 THRU JANUARY 13, 1992
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 December 10, 1991, through
January 13, 1992.
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:
l. 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.
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City Commission Documentation
Report of Appealable Land Use Items
December 10, 1991 thru January 13, 1992
Page 2
PLANNING AND ZONING BOARD MEETING OF DECEMBER 16, 1991
No appealable items were considered by the Planning and Zoning
Board. The items considered by the Board will be forwarded to
the City Commission as separate agenda items. These are:
1. Rezoning, from GC to AC, O.C. Taylor Dealership on South
Federal Highway.
2. Conditional Use (Major Modification) Request, Shell Oil
Station Conversion at the Southeast corner of Military
Trail and Atlantic Avenue.
3. Conditional Use (Major Modification) Request, Temple Sinai
Additions.
4. Conditional Use, Expansion Plans for South County Mental
Health Facility on Military Trail.
S. LDR Amendments regarding Truck parking in residential zone
districts and Signs and Banners.
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF
DECEMBER 18, 1991:
1. Approved the architectural elevations to allow a new
mansard roof and decorative columns at Delray Rug Company,
37 S.E. 6th Avenue (Vote 7 to 0).
2. Approved the architectural elevations (carport elevation
changes) at the Historic Executive Suites of Delray,
located on the west side of S.E. 6th Avenue, between
Atlantic Avenue and S.E. 1st Street. (Vote 4 to 3).
3. Approved the landscape plans for the Palm Beach County
Middle School, located at the northeast corner of Barwick
Road and Atlantic Avenue (Vote 7 to 0).
4. Approved a minor site plan modification, the architectural
elevations and landscape plans associated with a car wash
addition at the Amoco Gasoline Station, located at the
northeast corner of N.W. 8th Street and Atlantic Avenue.
Concurrently, the Board waived the 5' dedication of
right-of-way requirement for NW 8th Avenue (Vote 7 to 0).
s. Approved the architectural elevations and landscape plans
in conjunction with the addition of two new model types at
the Clearbrooke Subdivision (aka Hidden Lake) , located on
the west side of Homewood Boulevard, south of Atlantic
Avenue (Vote 7 to 0).
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City Commission Documentation
Report of Appealable Land Use Items
December 10, 1991 thru January 13, 1992
Page 3
6 . Approved the architectural elevations and landscape plans
in conjunction with the addition of two new model types at
Windy Creek Subdivision (aka Hanover Square) , located on
the north side of Atlantic Avenue, west of Homewood
Boulevard (Vote 7 to 0).
No other appealable items. However, other agenda items which
required Board action include:
* Approved changes to the master sign program for Delray Town
Center Shopping Center, located at the northeast corner of
Linton Boulevard and Military Trail.
* Approved business signs for Dixie Motors Sales, Inc. ,
located at 666 SE 6th Avenue.
* Approved business signs for Delray Rug Company, located at
37 SE 6th Avenue.
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF JANUARY
8, 1992:
7 . Approved a color change for Rainberry Lake Subdivision,
perimeter wall facing Congress Avenue (Vote 6 to 0).
No other appealable items. However, other agenda items which
were considered by the Board include:
* Denied a flat wall sign for Frisco's Cafe, located wi thin
the Delray Town Center Shopping Center at the northeast
corner of Linton Boulevard and Military Trail.
* Approved business signs for Bizmart Mega Center, located
within the Delray Crossing Shopping Center.
* Tabled the master sign program for Shoney's Restaurant,
located at the northeast corner of SE 5th Avenue
(southbound Federal Highway) and SE 10th Street. This item
was continued to provide the applicant an opportunity to
address the concerns raised by the Board, such as the
number of wall and free standing business signs, number of
direction signs (some of which included the name of the
business) etc.
* Tabled the architectural elevation plans (lighted awning
addition) at Tom Jr's Rib Haven, located within the Linton
Square Shopping Center, at the northeast corner of Linton
Boulevard and Congress Avenue. The item was continued in
order to allow the applicant to prepare a complete packet
Le. signage and awning addition.
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City Commission Documentation
Report of Appealable Land Use Items
December 10, 1991 thru January 13, 1992
Page 4
* The basic site plan, architectural elevations and landscape
plans for the Groves of Delray, a 144 apartment complex
located east of SW 10th Avenue extended, between Linton
Boulevard and SW 11th Street was tabled by the applicant,
in order to address neighborhood concerns.
HISTORIC PRESERVATION BOARD (HPB) MEETING OF DECEMBER 18, 1991
l. Granted a Certificate of Appropriateness to allow the
enlargement of a dumpster area and the elimination of
landscaping adjacent to the dining deck at Brandy's
Waterside Cafe, located south of East Atlantic Avenue, east
Palm Square. While the Board voted unanimously (6 to 0
vote) , to approve the enlargement of the dumpster area, the
Board approved the elimination of the landscaping on a 4 to
2 vote, with Carter and Bull dissenting. With the Board's
approval, the entire 8 ' wide landscape area along the west
face of the base of the dining deck is eliminated.
2. Granted a Certificate of Appropriateness for a color change
to the building awnings and renovations of the rear parking
lot entrance for the Boyd Building, located south of
Atlantic Avenue, between the Intracoastal Waterway and Palm
Square (Vote 6 to 0).
No other appealable items were considered by the Board. However,
other agenda items which required Board action include:
* Certificate of Appropriateness to allow a free standing
non-illuminated sign at Migdal Family Chiropractor Center,
300 NE 8th street.
* Certificate of Appropriateness to allow modifications to an
existing free standing sign at 132 N. Swinton Avenue.
* Certificate of Appropriateness request for exterior
architectural changes (re-roof) for a single family
residence at 10 NE 5th Street.
* Certificate of Appropriateness for exterior design
consideration for a new single family dwelling at 615 N.
Ocean Boulevard, Fountain Fox Estate (east side of A-I-A).
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Map
JA/#62/CCDOC.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER.: I(^....
c
SUBJECT: AGENDA ITEM # g6 - MEETING OF JANUARY 14, 1992
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION
DATE: January 10, 1992
At their December 4, 1991 meeting the Site Plan Review and Appearance
Board approved building elevations for a freezer addition and
landscaping plan modifications for Dunkin Donuts located on Federal
Highway and Tropic Boulevard.
This appeal action resulted from the review of appealable land use
items at the December 10, 1991 regular meeting. The appeal was
raised by Dr. Alperin. He cited the situation wherein the subject
property had several code violations which were not resolved. Those
violations are:
-Improper storage of outside refuse.
-Handicapped parking spaces not properly striped.
-Improper fill in public right-of-way.
Currently, liens and accrued fines total $26,800.
This appeal opens up another issue, whether or not compliance with
code violations or citations should be resolved prior to, or as a
part of, the granting of land use approvals. Currently, no policies
exist which direct such actions.
Therefore, staff recommends that the Commission not take any action
on the appeal and allow installation of the freezer and the
modifications to the landscaping.
Further, direction is sought with regard to requiring code compliance
as part of the land use review process. The City Attorney should
also be consulted as to whether it is proper to link decisions on
land use requests with resolution of code violations. A detailed
staff report is attached as backup material for this item.
Pcs~nËO 00 Mft+ p~pŒtb.¡ ownE.e C!.I¥) bE., &nl4e-í€.() -
Pen£3A 81.£ h l/al/9d-
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
J~QþL-
FROM: AVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 14, 1992
CONSIDERATION OF APPEAL OF SPRAB ACTION PERTAINING TO
SITE PLAN MODIFICATIONS AT DUNKIN DONUTS ( S. FEDERAL
HIGHWAY)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
considerinq an appeal of the SPRAB action which approved
modifications at Dunkin Donuts on South Federal Highway.
The action taken by SPRAB was approval of:
* building elevations for a freezer addition; and,
* landscaping plan modifications.
However, a policy direction issue also surfaces in
consideration of this item.
BACKGROUND:
This appeal has resulted from the review of appealable items at
the city Commission meeting of December 10, 1991. The appeal
was raised by Commissioner Alprin. He cited the situation
wherein the subject property had several code violations which
were not resolved.
The code citations which existed involved four cases; the
subjects of which includes:
* improper storage of outside refuse;
* handicapped parking spaces not properly striped;
* improper fill in public right-of-way.
This property is scheduled for a January 28, 1992 hearing before
the Code Enforcement Board. Since the December action, the City
has undertaken some regrading of the alleyway. Please refer to
the memorandum from Jeff Costello, dated December 17th, for a
more detailed accounting of the citations.
Defining the Issue: It appears that this appeal is not of what
was approved, but of whether or not compliance with code
violations or citations should be resolved prior to, or as a
part of, the granting of land use approvals.
..
·
city Commission Documentation
Consideration of Appeal of SPRAB Action Pertaining to Site Plan
Modifications at Dunkin Donuts (S. Federal Highway)
Page 2
Attached is a narrative from the Director of Community
Improvement and the Director of Planning regarding this broader
issue.
Assessment.: It is thought that the Dunkin Donuts situation is a
rather isolated instance (with respect to code compliance
matters) and does not represent the norm; thus, looking at code
enforcement matters may not create excessive bureaucracy.
In order to get a better understanding of the situation, it may
be appropriate to operate for three months worth of project
where we do determine if there are outstanding citations and
include them as a part of the project review.
ALTERNATIVE ACTIONS:
with respect to the site plan modification action of SPRAB it
seems most appropriate to not take an action -and allow
installation of the freezer and the modifications to the
landscaping.
With respect to the issue of seeking code compliance as a part
of the land use review process, it is necessary that the City
Commission provide direction. Choices which are available
include:
1- Direct that we continue as we have in the past and make no
changes.
2. Direct that a three month trial period be used during which
the state of Code Enforcement citations are considered in
the review process.
3. Direct that a more aggressive program be pursued.
RECOMMENDED ACTION:
1- Take no action on the appeal, thus allowing the freezer
addition to go forward.
2. Regarding the broader issue, Commission discretion.
Attachment:
* Narrative re Staff Assessment of consideration of Code
Enforcement matters in land use processing
* Costello memo re Code Enforcement actions on the subject
property.
* SPRAB Staff Report and Minutes re Dunkin Donuts freezer
addition and landscaping changes
.,
NARRATIVE RE STAFF ASSESSMENT OF CONSIDERATION OF CODE
ENFORCEMENT MATTERS IN LAND USE PROCESSING:
DJK/LB 1/8/92
Staff Perspective: The Director of Community Improvement and
Director of Planning offer the following perspective.
Code Violations: Most code violations noted during land use
review reflect non-conforming situations. Little effort is made
to determine if the situation is, indeed, non-conforming or may
be illegal. There is an assessment made of the current
condition and often conditions are imposed for some upgrading.
These assessment may be very casual with "non-impacting" type of
requests.
Code Citations: There is not a practice to review Code
Enforcement records as a part of project review. This step
could be instituted and the status of any such violations noted
in the staff report.
Resolution Prior to Acceptance of an Application: This
requirement may be quite onerous. In some instances, the
application may have been generated in response to a Code
citation. A similar type of submission prerequisite which dealt
with a clean tax payment record was considered when the LDRs
were prepared. However, such a concept was rejected due to
the various situations which may occur such as property being in
out of control of the property owner, etc.
Resolution as a Part of the Land Use Review Process: As stated
above, current citations could be a part of the staff report.
However, it would require a specific policy (ordinance?) if
compliance were to be required as a condition of approval,
especially if the citation did not relate directly to the
development order.
..
MEMORANDUM
TO: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING ~~
FROM.: JEFF COSTELLO, PLANNING TECHNICIAN I~ .
RE:
GATEWAY SHOPPING CEIi'l'ER
DATE: DECEMBER 17, 1991
As you are aware, the Planning Department has processed a
request for a non-impacting site plan modification to
install a freezer in the rear of the existing Dunkin' Donuts
at the Shopping Center. The elevations and landscape plan
were approved by S.P.R.A.B. subject to conditions and was
appealed by at the City Commission meeting by Commissioner
Alperin. The basis for the appeal was that the shopping
center has been cited for a number of code violations that
have not been corrected. The following is a list of Code
Violations associated with the Gateway Shopping Center that
are pending:
A. Code Enforcement Board Case No. 91-6624:
1. LDR Section 4.6.6(B)(2), refuse areas and outside
storage to be screened from public right-of-way.
Gates must remain closed.
2. LDR Section 4.6.9(C), requires handicapped spaces
shall be provided (designed, signed & striped) per
Florida Statutes.
STATUS: Since 11/22/91 being fined $200 per day,
thus accruing $5,000 in fines.
B. Code Enforcement Board Case No. 91-6350:
1. Code of Ordinances Sec·tion 102.01(B), Permit to
perform work in public right-of-way. Fill was
placed in the alley east of the subject property
causing drainage problems.
STATUS: $3,600 LIEN ASSESSED. Since 7/24/91
accrued $4,025 in fines. Scheduled for hearing at
the January 28, 1992 Code Enforcement Board
meeting.
c. Code Enforcement Board Case No. 91-6303:
1. Code of Ordinances Section 51. 35, requires
adequate trash containers on-site for holding
waste materials.
"
2. Code of Ordinances 51.41(B), requires trash to be
properly placed in containers so as not to become
wind blown.
3. Code of Ordinances Section 51.42, requires trash
containers to have lids.
4. Code of Ordinances Section 98.04, requires
premises to be free of litter.
STATUS: $1,400 LIEN ASSESSED. Since 6/16/91,
accrued $4,725 in fines. Scheduled for hearing at
the January 28, 1992 Code Enforcement Board
meeting.
D. Code Enforcement Board Case No. 90-6163:
1. Code of Ordinances 159.27(A,B,D).
STATUS: $2,875 LIEN ASSESSED. Since 5/29/91
accrued $5,175 in fines.
LIENS + ACCRUED FINES = $26,800
If you would like to dis.cuss the above with me or need
additional information, let me know.
,.
MINUTES: Site Plan Review and Appearance Board Heeting
December 4, 1991
Page 3
IV. PROJECT PLANS
A. Scadett 0' Hara
335 East Linton Boulevard .
James Sharon
Elevations & Landscaping
Represented by James Sharon. one of the owners of the restaurant and
of the center. Mr. Taylor review the staff report. Hr. Sharon stated
the deck will be in a "cranberry bog" with the awnings in a pink-peach
color. Some of the parking spaces will be removed to accommodate the
deck and Mrò Taylor stated there was sufficient parking area. Some
of members were concerned about safety with cars travelling close to
the seating area. It was noted there was a railing. Four (4) parking
spaces will be eliminated. One member expressed some concern
regarding noise and setting precedent. Hr. Sharon assured the board
there would be no bands playing music. A recommendation was made to
reduce the railing height. After discussion. Hr. LaSalle moved to
accept the plans as submitted with the reduction in the height of the
railing to 36" and with the width of the deck reduced to 16' make the
landscaping island 4' wide instead of 3'. Seconded by Hr. Fisher.
Mr. Marsh noted that in. effect. people have been placed in a parking
lot and recommended that the issue of safety be reviewed by staff.
Mr. DeOto noted the lack of car stops by the railing. Also. the
applicant was informed he needed to provide a sample of the awnings.
The vote was as follows:
Tom LaSalle Yes
Gene Fisher Yes
Sam DeOto Yes
Jess Sowards Yes
Debora Oster Yes
Rett Talbot Yes
Mark Marsh Yes
B. Dunkin Donuts
1911 South Federal Highway
Bill Salera
Non-impacting Site Plan Modification
Represented by Bill Salera. Some of the members expressed concern
with the compressors located atop the freezers. Also. Mrs. Oster
questioned the Ligustrum and suggested a shadow-box type fencing with
a vine. Mr. Marsh felt the freezer should be treated as would a
dumpster and questioned if the hedge screening would be sufficient.
After discussion, Mrs. Oster moved to approve the Dunkin Donuts plans
as submitted with the condition that an 8' wooden fence be added
behind the hedge and be painted to match the Dunkin Donuts walls.
Seconded by Mr. Sowards with the vote as follows:
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,
MINUTES: Site Plan Review and Appearance Board Heeting
December 4, 1991
Page 4 C
Gene Fisher Yes
Sam DeOto Yes
Tom LaSalle Yes
Jess Sowards Yes
Rett Talbot Yes
Debora Oster Yes
Mark Marsh Yes
Discussion
Mrs. Meeks briefly informed the members that Sherwood Pontiac, Pompey
Park Press Box and the Barwick Middle School would be before the Board
for review. Also, The Groves was scheduled for January 8, 1992.
Adjournment
There being no further business to come before the Board, the meeting
was adjourned at 8:45 p.m.
Note To Reader
--
,
If the Minutes you have received are not completed as indicated above, (
...
these are not the official Minutes of the Site Plan Review and
Appearance Board. They will become official Minutes only after they
have been reviewed and approved which may involve some amendments or
additions or deletions of the Minutes as set forth above.
The undersigned is the secretary of the Site Plan Review and
Appearance Board of Delray Beach and the information is the Minutes of
the meeting of said Site Plan Review and Appearance Board of December
4, 1991, which Minutes were formally approved and adopted by the Site
Plan Reyiew and Appearance Board on , 1991.
{l;rj,;t"" ~ ðcvh
Anita Barba
Recording Secretary
sp12-491,txt
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4
---------------------------------------------------------------
PLANNING AND ZONING DEPARTMENT MEMORANDUM
------------------------------------------------------------------
..
AGENT: Bill Salera
PROJECT NAME: Dunkin' Donuts - Non-Impacting Site Plan
Modification
PROJECT LOCATION: Northeast corner of Federal Highway and
Tropic Boulevard, within the Tropic Square
Shopping Center.
ITEM BEFORE THE BOARD:
The item before the Board is that of approval of the building
elevations and landscape plan associated with a non-impacting site
plan modification for Dunkin' Donuts. The site plan will be
approved administratively.
PROJECT DESCRIPTION:
The development proposal is to construct a 36 sq. ft. wall [
freezer underneath the building overhang in the rear of the
Dunkin' Donut building. In addition, a ligustrum hedge with é
height of 3 ft. at the time of planting is proposed on the east anc
north sides of the freezer. The proposal indicates that the hedgE
will be maintained at 6 ft. The height of the freezer will be 7 . ~
ft. high with an air compressor unit on top of the freezer. Thus,
the overall building height will be 8.5 ft.
PROJECT ANALYSIS:
The proposed freezer will be a prefabricated aluminum structur
with a silver color. As the prefabricated freezer will b
inconsistent with the Dunkin' Donut building with respect t·
building material and texture, Staff recommends that the height 0
the hedge be 4.5 ft. at the time of planting.
RECOMMENDATION:
By separate motions:
A. Approve the building elevations for Dunkin' Donuts based upon
positive findings with respect to Section 4.6.18.
B. Approve the landscape plan based upon positive findings
pursuant to Section 4.6.16 subject to the condition that
proposed Ligustrum hedge be 4.5 ft. at the time of planting.
AGENDA ITEM: IV. B
DATE: DECEMBER 4. 199
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {~
SUBJECT: AGENDA ITEM # C¡C - MEETING OF JANUARY 14, 1992
CONSIDERATION OF INITIATION OF ACTION - LAKEVIEW GOLF
COURSE
DATE: January 10, 1992
Attached as backup material for this item are three staff reports
which address Commission concerns raised at the December 3, 1991
regular meeting.
The action requested of the Commission is that of initiating either a
Land Use Plan Amendment (OS (Open Space) to Residential) or Rezoning
Action (Residential to OS) . The Commission may also wish to direct
staff to take further action on obtaining a right of first refusal
for the golf course, arranging for acquisition of or transfer of
development rights, or City acquisition of the course in the future.
Owners of the course have indicated they would be willing to give the
right of first refusal if the Land Use plan was changed to
Residental. The other two options are discussed in the attached
report.
Based upon the information provided, the Commission will need to make
a determination as to how you wish to proceed in this matter.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: Q:;j'¿~=R
FROM: D D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 14, 1992
CONSIDERATION OF INITIATING EITHER A LAND USE AMENDMENT
(OS TO Residential) OR A REZONING (Residential to OS)
WITH RESPECT TO THE LAKEVIEW GOLF COURSE ISSUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiatinq either a PLAN AMENDMENT or a REZONING ACTION.
The property involved is commonly known as the Lakeview Golf
Course and includes the "lake" adjacent to residential lots
in Lakeview Subdivision.
BACKGROUND:
Very briefly, the recent chronology pertaining to the decision to
be made is:
1. November, 1989, the golf course and lake were designated as
Open Space on the Future Land Use Map.
2. In September, 1990, when considering a change in zoning from
Residential to Open Space (for Plan consistency), direction
was given to go forward with a change to the Plan as opposed
to proceeding with the rezoning.
3. In April, 1991, instead of enacting the change to the Plan,
direction was given to proceed with rezoning but also to
work with the property owners, prior to commencement of the
rezoning action.
4. In December, 1991, when considering first reading of the
rezoning ordinance, direction was given to bring the basic
question before the Commission with some specific items to
be addressed. The subject is now back before the
Commission.
'.
"
.
City Commission Documentation
Consideration of Initiating Either a Land Use Amendment (OS to
Residential) or a Rezoning (Residential to OS) with Respect to
the Lakeview Golf Course Issue
Page 2
The specific items to have been addressed were:
A. Arranging for "rights of refusal" if the property were
offered for sale;
B. Consideration of a "purchase" option;
C. Applicability of the "Transfer of Development Rights"
regulations which we have.
In addition to the above, information has been received on two
related items. They being:
D. Documentation showing that lots, in Lakeview, adjacent to
the golf space were sold as golf course lots as a part of
the initial development of Lakeview Subdivision; and,
E. The administrative procedures which must be used to bring
ei ther a rezoning or Plan amendment ordinance back before
the City Commission.
Each of the above items are addressed as follows:
A. Arranging for "rights of refusal" if the property were
offered for sale.
The decision before the City Commission it that of "land
use" . An offer of right-of-refusal may be made by the
property owners; however, they should not be a prerequisite
for enacting an amendment to the Future Land Use Map.
Another way in which the same type of "notice" can be
effected is, as a part of the Plan Amendment, that there be
a specific policy dealing with the future of the golf course
property and that, on the Future Land Use Map, there be
placed the special designation (symbol) for "Open Space -
Conservation" (refer to Conservation Policy B-1.1).
B. Consideration of a "purchase" option.
Attached is a separate report prepared in the City Manager's
Office. The general conclusion of that report is
inconclusive.
To actually put forth a purchase proposal would probably
require a modification to the Comprehensive Plan with
respect to the Capital Improvement Element and possibly with
the Conservation Element and the Public Facilities Element.
.. '''I'
City Commission Documentation
Consideration of Initiating Either a Land Use Amendment (OS to
Residential) or a Rezoning (Residential to OS) with Respect to
the Lakeview Golf Course Issue
Page 3
C. Applicability of the "Transfer of Development Rights"
regulations which we have.
Attached is a separate report prepared in the Planning
Department. It suggests that while TDRs do not provide an
answer in, and of, itself, the TDR concept is applicable and
could be a tool to be used in a purchase scenario.
D. Documentation showing that lots, in Lakeview, adjacent to
the golf space were sold as golf course lots as a part of
the initial development of Lakeview Subdivision.
Individuals within the Lakeview Subdivision have continued
their record research and have provided newspaper
advertisements from 1974 and 1975 which describe Lakeview as
being "built around an eight acre lake and an IS-hole golf
course" . (Copy attached).
They have also provided documentation that the sale between
the current golf course owners and the owner of Lakeview
Phase II (Dover Road subdivision) clearly provide for
premiums for those lots adjacent to the golf course.
This information has been relayed to the City Attorney for
an assessment as to how it may affect resolution of the
situation. It is anticipated that this information will be
made a part of the hearing record at this meeting.
E. The administrative procedures which must be used to bring
either a rezoning or Plan amendment ordinance back before
the City Commission.
Due to the situation wherein:
a) the formal public hearing before the Planning and
Zoning Board is now nearly a year old;
b) while the intent of the Board was clear, it did
not make a specific recommendation on the rezoning
portion of the matter which was before them; and,
c) a substantial amount of new information has been
entered into the record subsequent to the formal
public hearing before the Board.
It has become necessary and appropriate to handle this item
as if it were a new petition whether it be a rezoning or a
plan amendment. Thus, a formal public hearing with property
owner notification must be held before the Planning and
Zoning Board prior to proceeding with an enacting ordinance
by the City Commission.
'f 'H'
City Commission Documentation
Consideration of Initiating Either a Land Use Amendment (OS to
Residential) or a Rezoning (Residential to OS) with Respect to
the Lakeview Golf Course Issue
Page 4
OPTIONS BEFORE THE COMMISSION:
Given the above, it seems that the most prudent course of action
is to proceed with a "dual noticing" and proceed with the
administrative processes to bring the matter back to the City
Commission, after formal review and recommendation by the
Planning and zoning Board. However, the list of options are:
1. Continue at the City Commission level with further direction
as to what additional information is desired.
2. Initiate an amendment to the Future Land Use Map (from Open
Space to Residential) thus bringing the Comprehensive Plan
and the Zoning Map into consistency.
3. Initiate an amendment to the Official Zoning Map (from
Residential to Open Space) thus bringing the Comprehensive
Plan and the Zoning Map into consistency.
4. Initiate both actions and make a final determination after
formal review and recommendations by the Planning and Zoning
Board.
s. Do nothing. This will be the situation that no development
could occur on the golf course property since such
development would be inconsistent with the Comprehensive
Plan. Also, it may further exacerbate the situation as
prospective purchasers may rely on the Future Land Use Map
designation (Open Space) as being the ultimate use of the
property.
Additional Direction is desired as to timing. If direction is
given which involves an Amendment to the Comprehensive Plan, we
would like it to be as a part of Amendment 92-2 (instead of 92-1
which is now in process) due to the amount of work (research,
analysis, and logistic9 which will be necessary.
RECOMMENDED ACTION:
Due to the nature of this item, there is no recommended course of
action put forth by the Director of Planning.
Attachment:
* Report by Barcinski re purchase options
* Report by Kovacs re Transfer of Development Rights (TDRs)
* Copy of 1974/75 real estate advertisements
DJK/CCLAKE.DOC
.. ,·'11
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[ITY DF DELIAY BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Lakeview Golf Course
DATE: January 7, 1992
I have completed a very elementary review and analysis of the
Lakeview Golf Course. The information presented is based on
verbal information received from the owners. I was not
allowed to look at the books/accounts, but I was able to make
a visual inspection and talk to the owners. They indicated
that if the City was seriously interested in purchasing the
course, they would allow review of the books after a
nondisclosure agreement could be worked out between our
attorneys. Information concerning numbers and types of rounds
played was unavailable; however, the owners indicated that in
the winter months the average number of rounds played is 250
per day.
If, after reviewing the following information, City Commission
is interested in pursuing acquisition of the Lakeview Golf
Course, I recommend the following actions be initiated:
1. Send a letter of interest to the owners requesting
access to the accounting records and the course.
2. If permission is granted, hire the services of a
professional firm to complete a detailed analysis
which would include a modified market analysis,
business plan, 5 year cash flow projection and
equipment and capital improvement analysis and
projection. Consider negotiating a separate
agreement with Dubin and Associates to perform the
analysis with staff assistance.
3. Obtain a formal appraisal of the property, or at the
least, a review appraisal of the owners' appraisal.
THE EFFORT ALWAYS MATTERS
..
LAKEVIEW GOLF COURSE
Page 2
4. Obtain a Class I Environmental Assessment of the site
if, after reviewing the analysis and appraisal,
Commission wishes to proceed.
GENERAL
The Lakeview Golf Course is an 18 hole, par 60 executive golf
course situated on 41.3 acres. There is one permanent
structure on the site which houses the pro shop, snack bar,
maintenance shop, cart storage, restrooms and office. The
square footage of the building per the tax records is 3,339
sq. feet. Irrigation is provided from a well system with
back-up irrigation from the lakes. There is no driving range,
bag storage or locker space in the facility. There is a
greens nursery on the course. The course has 71 electric golf
carts which are owned. The course is in excellent condition,
however, there is a need to begin an in-house program to resod
some of the greens. Equipment is old but operational.
OPERATION AND RATES
The golf course is open year round and allows walking anytime
except from 1/1 through 3/31 between the hours of 7:30 a.m.
and 12:30 p.m. This is a new policy just initiated 1/1/92.
The snack bar is only fully operational from November 1st
through May 1st after 11:00 a.m Monday through Friday. On
weekends sandwiches are available. The snack bar has a beer
and wine license.
The rate structure is a variable structure with rates changing
for different times of the day and year. No memberships or
permits are sold. However, discount play books are offered.
A detailed rate summary is attached. Based on our survey of
other executive courses, these rates are competitive.
FINANCIAL INFORMATION
The asking price for the course is $2,700,000. The owners
have indicated this price is non-negotiable and is based on a
recent appraisal. The price includes the land, buildings,
equipment, golf carts and other amenities. Per our Finance
Director, based on this price the debt service for a 20 year
period at 8% would be $275,000 a year.
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LAKEVIEW GOLF COURSE
Page 3
In 1990 (per verbal information), revenue was $721,751 with
expenses of $650,520 for a net profit of $71,231. This would
not support our debt service. However, the 1990 expenses
include approximately $109,000 in loan expenses, which the
City would not have, and a management fee paid to the owners.
I was not able to obtain the exact amount of the management
fee. In addition, the owners project an additional revenue of
$50,000 in 1992 with the change in the walking policy. They
did not have final 1991 financial information available, but
indicated they expected the numbers to be the same as 1990.
If we were to assume the projected revenue increase and deduct
from 1990 expenses the loan payment which we would not be
paying, net profit would be closer to $230,000. This is
closer to our need to meet debt services payments of
$275,000. Without a detailed analysis of revenues and
expenses, it is difficult to project an accurate net profit.
Additional net profit could be realized from a reduction in
management fees and other expenses. It does appear that there
will be a need to acquire replacement equipment over the first
couple of years.
Based on the above information, Commission is requested to
provide staff direction. Based on the asking price, Mr. Dubin
feels it would be worth pursuing a detailed analysis and
business plan.
RAB:kwg
cc: Brahm Dubin
Attachment
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EXECUTIVE GOLF COURSE RATE SURVEY
LAKEVIEW
CART FEES
Winter $ 9.00
Summer $ 9.00
GREEN FEES
Winter
Before 7:30 A.M. after 2:30 P.M. $ 9.50
7:30 A.M. to 2:30 P.M. $ 14.80
Ten Play Books $127.00
Summer
Before 7:30 A.M. after 1:00 P.M. $ 4.80
7:30 A.M. to 1:00 P.M. $ S.8S
After 4:00 P.M. $ 3.75
After 5:30 P.M. Playbook $ 7S.00 Single
$100.00 Family
DRIVING RANGE None
CART STORAGE None
BAG STORAGE None
MEMBERSHIPS None
LOCKER RENTAL None
WALKERS - Allowed anytime except 1/1 through 3/31 between
7:30 A.M. and 12:30 P.M.
Par 60, 18 Hole Course, approximately 2,969 yds., privately
owned.
..
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~VID T. HARDEN, CITY MANAGER
FROM: ~.vJmd~~R
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 6, 1992
SUBJECT: TDR AND LAKEVIEW GOLF COURSE ISSUES
BACKGROUND FOR JANUARY 14TH CITY COMMISSION ITEM
Topic: One of the items which is to be addressed in the further
discussion of the pending Lakeview Golf Course rezoning is that
of the applicability of TDRs.
Reference: LDR Section 4.6.20 sets forth our Transfer of
Development Rights (TDR) regulations. (copy attached)
Concept Applied to Lakeview Golf Course: TDRs would provide some
compensation to the current landowners which, when combined with
the residual use of the golf course, provides reasonable
compensation for a "downzoning" to Open Space. The TDR
compensation would be in the form of cash (the rights then belong
to the party that bought them, perhaps the City) or in the form
of "rights" which can be used in a "receiving area".
Receiver areas include:
* Redevelopment (white) areas shown on the Future Land Use Map
-- In these areas the TDR would be applied pursuant to the
terms of the appropriate redevelopment plan.
* Geographic areas in which height increases are allowed
-- In these areas, the greater intensity of use is allowed
for that floor area increase which can be accommodated
by the increase in allowable height.
Applicability: The Lakeview Golf Course situation does qualify
for the use of TDRs. The method of determining value is set
forth in Subsection 4.6.20(C).
A problem which currently exists is that there is no market for
such rights in the height restriction areas. Also, we have no
redevelopment plans prepared at present. It is not firmly
established just how the TDR concept is going toýintegrated into
implementation of an area redevelopment plan. ~
'.
To: David T. Harden, City Manager
Re: TDR & Lakeview Golf Course Issues
Background for January 14th City Commission Item
Page 2
Other than the problem with the current "market" situation, the
Lakeview Golf Course issue provides a good project for
application of the TDR concept.
A variation which may be considered is that of the City's
purchase of the "development rights" and then have the City
market those "rights" at a later date when it is profitable to do
so.
Other: Attached is an article from a recent Florida Planning
magazine which comments on the subject of TDRs.
DJK/dlm
Attachments:
* Pages 4676-4678, LDRs, re TDRs
* Article "TDRs Deserve Another Look!" Nov/Dec Fl. PIng.
c:
Project File
DJK/TDRLAKE.DOC
-. \<"1<
Section 4.6.20
Section 4.6.20 Transfer of Development Rights:
(A) Concept and Purpose: Through a Transfer of Development
Rights (TDR), the governing body severs the development rights
from the underlying fee interest in the regulated property.
Permission is given to the owner of the regulated property to
either transfer the development rights in that property to
another parcel owned by the regulated party or to sell the
development rights to owners of land in other designated areas.
The TDR approach restricts development in the owner's parcel, but
mitigates the overall harm of the land use control by permitting
development elsewhere.
(B) Procedure:
( 1) Creation: To obtain or create . a transferable
development right (TDR), the City or the owner of property to be
regulated shall proceed through the rezoning process for the
purpose of rezoning to either the Community Facilities (CF), Open
Space (OS), or Conservation (CD) Zone District, as appropriate
depending upon the intended use of the regulated property.
(2) Concurrent Rezoning: When it is intended/desired
to specifically determine the receiver property and its proposed
development intensity at the same time as a Certificate is issued
for the regulated property, a concurrent rezoning of both parcels
shall be undertaken. However, such rezoning is not necessary if
the receiver parcel is properly zoned and the proposed
development will be consistent with the Comprehensive Plan and
will meet provisions of the Land Development Regulations.
(C) Determination of value of severed development rights:
(1) Value Base: The value of the severed development
rights shall be equal to current development potentIal of the
regulated property in terms of residential dwelling units or
floor area of office space less any compensation, including
current and ongoing value of the current use, which is provided
by the City at the time of rezoning and/or issuance of a
Certificate of Development Rights.
(2) Value Determination: To determine the value of
severed rights, the petitioner shall provide a site development
plan which will comply with the City's development regulations.
The intensity of the use accommodated by that site plan shall
establish the base value of the property. From this base value,
the ongoing value shall be subtracted. The Local Planning
Agency shall determine the appropriateness of the intensity and
shall certify it to the city Commission. This information shall
be a part of the rezoning review and hearing record.
4676
'. ....".
Section 4.6.20 (D)
-
(3) Equivalency: Office floor area and residential
units can be interchanged at the rate of 2,000 sq. ft. of office
floor area being equal to one residential dwelling unit. A
conversion from office to residential, or from residential to
office, may occur at any time up to the application of the
Certificate to a receiver property.
(4) Certificate: Within the rezoning ordinance, the
value of the severed development rights shall be stated. In
addition to the rezoning ordinance, the owner of the regulated
land shall be· issued a Certificate of Development Rights. The
Certificate shall be a separate document prepared in a form as
approved by the City Attorney. It shall not be issued until the
regulated property is rezoned and a determination of value is
made. The Certificate is transferable (it may be sold) . The
Certificate shall provide its owner with a development credit to
be used pursuant to Subsection (D) . Ownership of a Certificate
is not equivalent to a demand of project approval; rather, it
allows its owner to seek an increase in otherwise allowed
intensity of use.
(D) Limitations:
.
( I) Limitations on Regulated Properties: In order to
be eligible for transference of development rights, the resulting
use of the "to be regulated" property must be in a manner to
advance goals, objectives, and policies of the Comprehensive Plan
through:
(a) Preservation of historic structures and sites
(b) Obtaining land for public facilities (e.g.
fire stations, tennis courts, water storage
tanks, etc.)
(c) Preservation of designated conservation areas
(d) Any time when a voluntary action would aide
in fulfilling a policy or objective of the
Comprehensive Plan.
(2 ) Limitations on Receiver Properties: In order to
apply a TDR to a receiver property, it must be able to be
developed in accordance with the goals, objectives, and policies
of the Comprehensive Plan. Receiver properties must be located
in one of the following areas:
(a) "Redevelopment (white) Areas" delineated on
the Future Land Use Map --- in these areas,
land use intensities which are greater than
those allowed elsewhere by the Comprehensive
Plan may be allowed after adoption of, and
pursuant to, the area's redevelopment plan.
4677
'f ',,'I;
Section 4.6.20 (D) (2)
(b) Geographic Areas in which height increases
are allowed pursuant to Section 4.3.4(J)(4)
--- in these areas, in addition to receiving
an exception to the base district height
regulation, the receiver parcel may also
receive an increase in development intensity
up to the value of the TDR Certificate.
4678
'. '",'
}
In This Budget Crunch. . . agricultural use in perpetuity.
TDRs DESERVE It appears that the courts have
generally supported the TDR
concept. In a 1990 ANJEC Report
ANOTHER LOOK! article published by the Association
of New Jersey Environmental
Commissions, Charles Siemon
states "that the (TDR) concept is
by Henry B. Her, AICP based on weU-estab1ished principles
and has been we1l-received by the
courts". He goes on to cite five court
It's no secret that times are highligh ted by some notable cases, one of which is a Florida case,
pretty tough on the local government successes but also littered by what since 1978 which have generally
financial front these days, what with have been caU failures. Of course, supported the concept. Dana
homeowners screaming about evaluation of success or failure Heiberg, in a recent issue of Urban
property tax bills and previously depends heavily on the assessment Land, cites a 1985 case in which "the
reliable revenue sources continuing criteria utilized, but more on that state (Arizona) supreme court
to do the "incredible shrinking man" later. invalidated Scottsdale's use ofTDR".
act. However, in the face of these The article did not provide details as
realities, we have seen some pretty In this article, I win briefly to whether the problem was with the
impressive numbers put up by examine the concept and legality of concept itself or simply the way it
counties over the past year or two in TDRs, some of the more well-known was implemented in Scottsdale.
the form of Conservation Land TDR programs and how they have There is disagreement as to whether
Acquisition Programs. Let's review a fared, and the key characteristics of state enabling legislation is needed.
portion of the scorecard: successful programs. In 1986, Maryland granted local
governments TDR authority "in
· Dade County - $90 million What Is It and Is It Legal? order to encourage growth
· Palm Beach County - $100 management and promote natural
million TDRs were first conceived over resource protection".
· Martin County - $20 million 20 years ago and were initia1ly used
· Brevard County - $55 million in New York City's 1968 landmark Are the Current Programs
· Hillsborough County - $100 preservation program to transfer Successful?
million unused density from landmark
· Seminole County - $20 million historical buildings to nearby sites. Let's take a quick look at several
Dozens of jurisdictions have now of the more notable TDR programs:
While the passage of these public adopted TDR programs to preserve
initiatives is admirable, they do add open space, agricultural land and . Montgomery County, Maryland.
another millage increment to environmentally-sensitive parcels, The TDR program was
already strained tax bills in those as well as historical structures. established in 1980 to protect
counties. When the bonds are sold, agricultural and environ-
the payback comes from future ad TDRs are based on the concept mentally sensitive rural lands in
valorem tax bills. that development rights may be this county located adjacent to
separated from the "bundle" of Washington, D.C. The sending
I have often wondered how property ownership rights of a parcel area was about 89,000 acres in
successful those referenda would and traded within the limits of the size. The receiving areas are
have been if the electorate had governmental jurisdiction. The located in and around the higher-
known that there was a perfectly environmentalJy-sensitive or other density corridors emanating
legitimate conservation technique in public interest area from where the from the nation's capital. Over
the growth management toolbox development rights may be severed the past 11 years, 15,000 sending
which is essentially free to the public and sold is called the "sending zone". area acres have been brought
in monetary terms and can conserve The associated area where property under protective easement by
many more thousands of acres of owners may purchase the separated about 4,000 right transfers.
environmentally-sensitive lands rights and use them to increase Prior to 1980, approximately
than counties can ever hope to with density on their land is the "receiving 3,500 acres of farmland were
acquisition programs. That "tool", of zone". The parcel owners in the being converted to urban use
course, is the Transferable sending area receive monetary value annualJy. Since 1980, that rate
Development Rights (TDRs) for the rights sold and their parcels has been reduced by 90%.
Program, a technique whose past is are restricted to conservation or Continued on page 4
Nooember I Deœmber 1991 · FIoridtJ Plcumi7lll · Paøe 3
'. ,"
-. -~ -
TDRs continued from page 3 sending or receiving areas are While many property owners have
Without doubt, the TDR program, designated in this system. Although chosen not to participate in TDR
along with county and state interest in the fonn of staff TDR programs for a wide variety of reasons,
easement purchase programs, assessments for property owners all have had a real opportunity for
produced that effect. has been high, the number of actual mi ti gati on in most of the TDR programs,
transfers has been low with seven (7)
· East Everglades, Florida. A in 1990. The most common success measure
Severable Use Rights (SURs) A number of Florida counties have is number of transfers and on this basis,
program was established in 1982 for included TDR options in their many feel TDR programs have failed. In
this 242 square mile wetland area in Comprehensive Plans and Land even the most successful programs only a
western Dade County adjacent to Development Codes; however, they are small fraction of the available rights
Everglades National Park. The SUR often incomplete, particularly with have been traded. While it is
Ordinance was part of a larger respect to receiving zones and provision questionable whether this is an
Resources Management Plan for the of a clear-cut and efficient process for appropriate measure by itself, it is
sensitive area which also included a developers to follow in utilizing them. certainly reasonable to include it as one
Zoning Overlay Ordinance. It Also, Florida's growth management of several criteria. When a program like
allowed transfer of development requirements can operate against the the East Everglades only records 1 or 2
rights to vacant parcels within the transfers. The impact of increased tranfers over a nine (9) year period, it is
Dade Coun ty Master Plan receiving zone density or intensity on obvious that it is not working as
development boundary. Since 1982, concurrency in the urban area can limit intended. However, many òf the more
only a couple of transfers have the transfer option altogether if well-known programs have had
occurred, all to high density adequate public facilities are not adequate trading levels particularly if
receiving sites on the coast. available. they are judged over the long tenn, as
Residential and agricultural they should be.
expansion into East Everglades Success, like beauty, is in the eye of
wetland areas has not occurred since the beholder. Many TDR programs are The reasons why some TDR
1982. judged as "failuresw based solely on the programs aren't judged "successfulw are
fact that there haven't been many varied, beginning with the expectations.
· New Jersey Pinelands. This special development right transfers. This is only In the early years, TDRs were viewed as
environmental area of part of the picture. Another important the total answer to mitigating the
approximately 1 million acres has aspect is whether the resource has been "wipeou tsW of restrictive land
received protection under a number protected or preserved.. After all, that's regulations. While they are an
of programs since 1979. In 1980, the the primary reason why these programs appropriate and legal tool for such
Pinelands Commission, a regional are established in the first place. situations, they were never intended to
land use authority, established a Utilizing that criterion, the majority of provide the full level of "just
TDR program as part of its TDR programs have been very compensationwas defined by the courts.
Comprehensive Management Plan. successful. The pine forests, wetlands TDRs are simply one use of a property
The PIan restricted development in and farms in the Pinelands have been which when combined with any other
all areas overlying the regional preserved as well as the wetlands in the residual onsite uses are intended to
aquifer with permeable soils. East Everglades. Likewise in provide the owner with a "minimum
Trading of Pinelands Development Montgomery County, the protection of beneficial use ofproperty.w They are one
Credits (FDCs), although slow in agricultural and environmentally. tool in the planner's toolbox in resource
:œIl'fê!'üálfiil:ititltílMìlŒ·Ra'êól»'ìê.tè::· protection, not the complete solution.
TDRs should be part of a local
-,.. community's strategy of resource
protection and must be linked to
community acceptance of increased
'~ß_I¡!li~·:I§~~~~:··¡~iî~':!!:.;··:!::·:·!:!;!!;··'i¡::::::.".¡.::.,¡:,..;:,::'.::.::.::;¡:¡!.:.::¡::;:,;.¡:::::.:'.¡.:'::::!¡.: intensity in receiver areas, provision of
adequate public facilities in those areas
and political finnness in requiring their
early years, has picked up since the sensitive land has been accomplished use. In the East Everglades system, the
mid-1980's. Some 94 PDCs, with TDRs. County Commission in the 1980's
representing 5,300 acres placed granted numerous rezonings and height
under deed restriction, have been Another measure of success is variances in potential receiver areas
purchased by develop-ers so far. whether affected property owners have without requiring TDRs. Thus,
Another 295 PDCs are in the been given a reasonable opportunity for developers had little reason to purchase
regional or local approval process. adequate compensation to mitigate TDRs. Also, community resistance to
Each credit allows four (4) extra against restrictive resource protection proposed density increases in receiver
units. regulations applied to their property. areas located next to existing
The jury is out on this aspect but there is neighborhoods occurred when TDR use
· Monroe County, Florida. This is a compelling evidence in the affirmative was attempted. Many ordinances leave
limited program which permits for many TDR programs. In the the process for sale and use a virtual
transfer of all development rights on Pi nelands, Montgomery County, New mystery. In order to achieve success,
residential parcels to land of equal or York City and other areas, hundreds of TDR regulations must be clear and
leu environmental sensitivity and thousands of dollars have been received complete; tell the potential user exactly
al10wable density. No specific as compensation for development rights. Continued on page 7
NOl>ember/December 1991 · Florida Planning · Po¡¡e 4
., '·'1
.
. .
1992 AICP EXAM UPDATE
The AICP Exam is scheduled for will be available in January of 1992. firm or agency).
the week of May 11-16,1992. Once Guides can be acquired by contacting 2) Preference will be given to
again, the Chapter will assist Richard Levey, AICP, Chapter members of ethnic or racial
Sections in organizing study groups. Professional Development Officer, at minorities.
Please contact the chair of your local (407) 246-2258. 3) You would not likely take exam
Section for more information on the without the reduced fee.
study groups. Reduced Fee Option 4) Your employer does not
Two years ago, the AICP subsidize the exam fee.
Applications must be received Commission initiated a program to
by Friday, January 3, 1992 at: encourage those with financial Individuals who feel they are
American Institute of Certified hardships to become AICP members eligible must submit a letter stating
Planners, 1776 Massachusetts by reducing exam fees. The fee is their qualifications and justification
Avenue, NW, Washington, D.C. reduced to $45 for those who meet the to Richard Levey, AICP, Deputy
20036, Phone: (202) 872-0611, Fax: following criteria: Director of Planning & Develop-
(202) 872-0643 me nt, 400 S. Orange Avenue,
1) Household income does not Orlando, FL 32806. Letters mustbe
The Chapter will be sellingExam exceed $25,000 per year, or other received by December 15, 1991.
Preparation Guicks produced by the evidence of financial hardship There are a limited number of these
Chapter President's Council. They (such as budget cutbacks in a grants available.
TDRs continued from page 4 unanimous vote of the Commission be On the Horizon
how the system works and what the full necessary to grant higher densities in · December 5-6, Palm Beach, Achievinca
process is to obtain and utilize TORs. receiver areas without TDRs. Lastly, the
systems must be easy to understand and Jobe-Houainc Balance: Land U_
TDRa va. Property Tax Bills "user-friendly" with the process being Plannln£ tor Reeional Growth. Fee:
$365. Contact: Ann Long, Registrar,
sure and relatively painless for the Lincoln Institute of Land Policy, 8001
Property right value transfer developer. One of the big enticements for LAND-USE or 617/661-3016.
systems can, and have, worked. It's not the use of TDRs is that the approval is · December, Department of Community
easy, but then, how easy is it to sit fast and without public hearings. In Main Growth Mana£ement Work.
through the budget hearing these days order to do that, a local government, in mopl, see page 16 for details.
when property owners are railing creating its TDR program, must have · January15-17,1992,FlorldaChamber
against the high cost of government? It detennined where it wants development Annual Environmental Perm1ttiDc
Short Coune, Tallahassee. Will oft'er
could be said that the citizens voted the to occur and be ready to provide over 36 clasøes on environmental and
tax burden on themselves and that is expeditious and reliable processing to growth management topiCl. All c:luøeø
true, but, as I mentioned in the opening potential users of the program. are taught by panels of three to four
paragraph, did they really have all the respected experts and program
information necessary to make their The truth is that over the past administraton, Accredited by Florida
decision? Itisup to planners to layout the twenty years no program, other than Bar and Florida Board of ProfeølÎonlÙ
strategic options for resource land acquisi tion which is terribly short of Land Surveyon, Registration fee is $445
management in clear and funding, has been found that enables the for non-Chamber members and $375 for
understandable terms, and up to protection of large areas of valuable Chamber memben. For information:
904/385-1790. For info on FAPA
poli ticians to provi de the leadership after resources while helping mitigate the øc:holarabip opportunity, contact Richard
community consensus is reached. financial impact of restrictive Levey at 407/246-2258.
Successful TDR systems require an regulations, better than TDRs. This · January 17-18. 1992, Land V_and the
integrated and well thought out sophisticated planning technique Conøtitutlon: 'ft1e New ReaIitie.,
approach. They must be part of a deserves a fresh look by local Orlando. Contact: Ann Long, Registrar, !
comprehensive growth and resource governments in cos toe rrec ti vely Lincoln Institute of Land Policy, 800/ I
management program for the local managing future growth to achieve the LAND-USE or 617/661-3018.
· February 24,1992, Tallahassee, PAPA
government. The receiversites should be community vision. Executive COJlunUtee and Lecfa. ¡
attractive to development, have Jadve Policy Committee meeting.
adequate public facilities and be Henry B. ¡kr, AlCP, ia Planning Servica · February 24-25, 1992, Tallahassee,
accepted by the community for increased Director for Jame. Duncan and PAPA Leefaladve Day.
intensity, particularly by the adjacent A.sociate.. Source. for this article · March 17-19,1992, Corridors. Green.
neighborhoods. The long-tenn political included 'TDRs: A Concept Whose fime w.,." Lanct-pe ~M: Fro.
win must be present to require the use of Has Come- by Charles L. Siemon, Concept to Reality. See January or
TDRs in order to "make the market-. ANJEC Report, Spring 1990 and "7'he February Florida Planning for detaila or
Options in this area could involve the Reality of TDR- by Dana E, Heiberg, c:onUlct.: Joanne Duffy, 9041372-6966.
requirement that a super-majority or Urban Land, September 1991. · May9-1S, 1992, N.tioDalAPAAml1w
Conference, Wuhington, DC.
NowmberlDtcemMr 1991 · Florida Plannln¡¡. Pø¡¡e 1
" I".
.--- - ."................-
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uxurious living high above 01 fashionable Barr hr. Phon. 218-3383 $445,00
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M'Hml'" VETS NO DOWN 278-338
B G d t Y If FHA 7'1,'/. INT. P.C. AA TE 8lfa PER ANNUM ~
--- e 00 0 ourse ---
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392-5700
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hI" ¡I,.. 100 x 185 .'South lid. . ',22,m,OO MLS·V·909·S IN THE CIRCUIT COVltT or 11'71, AJ
~'iI: ,- . O· _1 0 I k . TH!: FIFTEENTH Jt:DICtAL C(
·t~f,: , . 15 x 60-·- ver 00 I ' CIRCl'lT IN AND FOR PALM: 51
h." '/" H 1 t . "6 000 00 MLS V 878·5 BEACH COUNTY FLORIDA NO. &437.. Nt
r.·.·./'..4 am e ~,. . . PROBATE Dln~ION' PRO- IN THE CIRCUIT COURT O[ In ¡;z: F.
", "'." ì ' '. . These ore lorge wooded lots in a beautiful neighbor. BATE NO. ''-UHP'" TilE FIFTEENTH JUDICIA D. ~HI~
.. I ", .. III n: E.tAt~ 01 CIRCUIT OF FLORIDA IN
t·;: · hood, Zoning is R IAAAB. HELEN DRILL MOORE AND FOR PALM BËACH NOT C
, ".,., ..." ~alt'd COUNTY, PROBATE D1VI· TOAPPLLU
: . . , NOTICE OF FINAL REPORT 5101'1. A
1 ~'! AND APPLICATION FOR DIS· Proba~ No. 7J- 7U-CP~ B NNotlC'P
{." . CHARGE In ~: Eltat~ of A K (
I ~: J.. . ;'J R b h A TOO ALL WHOM IT MAY CON· EDWIN H. WERNER. De,lray :
,W, , . '. . CERN: ~œalt'd. ° a
:f J . í ames'.. 1 tter use SSOCla tes Notice II II~n Ihal SUN FIRST NOTICE OF FINAL REPORT AND pw::;t I
.¡f.¡ , .. ·REAL ESTATE EB NATIONAL BANK OF DELRAY APPLICATION FOR DISCHARGE 1I~lln 1
/',.., , . BEACH and HELEN MOORE TO ALL WHOM IT MAY CONCERN: a plcat
.{I I,' .;..---..... " McPHERSON. at Ext'culon 01 th~ Notice II lIven Ihat lhe SUN FIRST 1'1' any. I
i . . / "" abovt"lt led ~Ita~, ha,'t' complO!~d NATIONAL BANK OF DELRAY Court, "
~ I '.'. ~ John F Hadd." __' admlnts&atlon and ha~ lI1~d In Ihll BEACH. n Ex~culor O~he abovt- lIobn.11 h~
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.', . .. ,hould bt' duly lII~d wIth thll Courl. Court III Final Re~rt and Appllca· proVaJ 0
:, I '. Arter nllnl Prool 01 Publication Ihow. tlon 'or Dllcharlt', b~cUonl, U any, ChEarlt' ,
- . , . Inl thaI thl' Notlct It.. bHn pub- Ihould bt' duly!ll~ with thll Court, D LRA ~
" I· " I II.Md once a wHit lor four conlKu· Arter IIIlnl Proof 01 Publication Ihow· wU1 com
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MEMORANDUf'I!
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9Þ - MEETING OF JANUARY 14, 1992
REQUEST FOR CONDITIONAL US~ APPROVAL/SHELL OIL COMPANY
DATE: January 10, 1992
We have received a request from Shell Oil Company for conditional use
approval to convert an existing Mobil Gasoline Station located on the
southeast corner of Military Trail and Atlantic Avenue to a Shell Oil
station/mini-mart/car wash facility.
This property was recently annexed into the City. There is an
existing use of a gasoline and repair station on the site. The
development proposal involves removal of the existing structures and
construction of a new facility. The new facilities will have
additional pumps and a car wash along with a mini-mart.
The identical major modification request was before the Commission in
March/April 1991o At the April 23, 1991 regular meeting the
Commission denied the request based on a consensus that six (6)
pump s , a car wash and a convenience store were to intense for the
site. Subsequently, the applicant has reapplied for consideration.
The Planning and Zoning at their December 16, 1991 meeting reviewed
this item. At that time the applicant addressed concerns with
respect to traffic on the adjacent roadways and the internal
circulations. Several residents spoke in opposition to this project
and a petition was also received. The Board recommended approval of
the major modification, subject to conditions on a 6-1 vote. A
detailed staff report is attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~VID T. HARDEN, CITY MANAGER
THRU: ~I~A~~TOR
~~ME~ING AND ZONING
FROM: PAUL DORLING, PLANNER II
SUBJECT: MEETING OF JANUARY 14, 1992
CONDITIONAL USE APPROVAL/MOBIL TO SHELL CONVERSION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a major modification to an existing Conditional
Use.
The project is the conversion of an existing Mobil Gasoline
Station to a Shell Gasoline/Mini-mart Facility with a car
wash. It is located in the southwest corner of Atlantic
Avenue and Military Trail.
BACKGROUND:
This property was recently annexed into the City. There is an
existing use of a gasoline and repair station on the site. The
development proposal involves construction of a new facility with
the removal of the existing structures. The new facility will
have additional pumps and a car wash along with a mini-mart.
The identical major modification request was before the Planning
and Zoning Board on March 18, 1991. The Planning and Zoning
Board recommended approval of the Conditional Use Request on a
7-0 vote.
On March 26, 1991 the development proposal was before the City
Commission. Public testimony was taken and the following
concerns were raised:
- Inadequate stacking for proposed car wash;
Anticipated traffic volumes with and without the car
-
wash;
- Overall traffic generation concerns;
- Water use of car wash.
.. '"
..
. . . ~ .
City Commission Documentation
Conditional Use Approval/Mobil to Shell Conversion
Page 2
The City Commission remanded the petition back to the Planning
and Zoning Board for further consideration and for review by the
City's Traffic Engineer. On April 15, 1991 the Planning and
Zoning Board reviewed a revised sketch plan submittal which
incorporated a redesign of the internal circulation system and
addressed the other public concerns. The Board considered the
on-site circulation aspects and recommended incorporation of the
changes on a 6-0 vote.
The Conditional Use request and accompanying revised sketch plan
was forwarded to the City Commission's meeting of April 23, 1991.
After a lengthy discussion the City Commission denied the
Conditional Use request on a 3-2 vote based on a consensus that
six (6 ) pumps, a car wash, and a convenience store were too
intense for the site. The applicant has resubmitted the request
for reconsideration.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
regular meeting of December 16, 1991. The applicant addressed
concerns with respect to traffic on adjacent roadways and the
internal circulation. Several residents spoke in opposition and
a petition with 46 names opposing the request was received.
After taking public testimony the Board recommended approval of
the Major Conditional Use modifications on a 6-1 vote (Kellerman
dissenting) .
RECOMMENDED ACTION:
By motion, approve the Major Conditional Use modification as
depicted in the modified sketch plan, based upon the findings and
recommendations as previously set forth by the Planning and
Zoning Board.
Attachment:
* Sketch Plan
PD/#43/CCMOBIL.DOC
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K. S. ROGERS. P.E. DEC 2 3 1991
7808 ST. ANDREWS ROAD
LAKE WORTH. FLORIDA 33467 Perry, Shapiro & MiI"r, ?A.
( 4 0 7 ) 964-7336
December 17, 1991
Mr. Marty Perry
Perry, Shapiro & Miller, P.A.
400 Australian Avenue
Suite 300
West Palm Beach, Florida 33401
RE: Shell Oil Company
West Atlantic Avenue & Military Trail
Dear Marty:
This letter is to formalize the verbal report which had been
previously presented concerning the analysis of the traffic
accident records in and around the intersection of West Atlantic
Avenue(SR 806) and Military Trail(SR 807) . At your request this
office did review the traffic accident reports on file at the
Records Section of the Palm Beach County Traffic Division.
We reviewed every accident report in the southeast quadrant
of this intersection which was within 400 feet of this intersec-
tion for the period January 1, 1989 to January 31. 1991- Within
this time period there were 101 accidents reported within this
southeast quadrant. After reading each of these 101 accident
reports, we have determined that none of these reported accidents
involved or were a result of a vehicle either entering or exiting
the existing gasoline station on the southeast corner of West
Atlantic Avenue and Military Trail.
Should you have any questions, please call me directly.
Very truly yours,
~~-;~
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. .
MEMORANDUt1
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ¿~
SUBJECT: AGENDA ITEM # q~ - MEETING OF JANUARY 14, 1992
REQUEST FOR CONDITIONAL USE MODIFICATION/TEMPLE SINAI
DATE: January 10, 1992
We have received a request for conditional use modification to expand
Temple Sinai which is located west of Congress Avenue on the north
side of Atlantic Avenue, between N.W. 24th Avenue and High Point
Boulevard.
The development proposal is to expand the Temple's existing building
in two phases. Phase 1 expansion includes construction of a 10,633
square foot structure which will contain additional lobby space,
office space and classrooms. Phase 2 includes construction of S,92S
square foot social hall with stage, bema, dressing rooms and storage.
The expansion will be located on the west side of the existing
building. Additional parking is not required since the proposed uses
are accessory to the sanctuary.
During review of the initial application it was noted that an 80 foot
right-of-way would be necessary along the western property line for a
future street. The applicant has consented to reserve seventy-two
feet, including the existing utility easements.
The Planning and Zoning Board at their December 18, 1991 meeting
recommended approval of the conditional use modification subject to
conditions. A detai led staff report is attached as backup material
for this item.
Recommend approval of the request for conditional use modification
for Temple Sinai subject to the conditions as recommended by the
Planning and Zoning Board.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D HARDEN, CITY MANAGER
THRU: ' ~~A~ìYf'~TOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JANET MEEKS, PLANNER II ~
SUBJECT: MEETING OF JANUARY 8, 1992
MODIFICATION TO THE CONDITIONAL USE FOR THE EXPANSION
OF TEMPLE SINAI
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a major Conditional Use modification to
allow an expansion to Temple Sinai.
It is located west of Congress Avenue, north of Atlantic
Avenue, between N.W. 24th Avenue and High Point Boulevard.
BACKGROUND:
This development proposal involves the expansion (16,588 sq. ft.)
to the Temple's existing building to provide for additional lobby
space, office space, class rooms and social hall with stage. The
expansion will be built in two phases.
It was identified through the review process, the need to provide
a right-of-way along the western property line for a future
street. The proposed street would replace that portion of Davis
Road which is presently located in the canal right-of-way,
provide access to the vacant property to the north of the Temple
and provide for a safe intersection at Atlantic Avenue.
The expansion to the Temple has little or no effect on the
previous conditional use request. The applicant has agreed to
"reserve" the necessary right-of-way for the future street, so
that it may be purchased at a future date.
'.
'.
.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at it's
meeting of December 18, 1991 and recommended approval (7-0)
subject to conditions.
There was public comment, with interest shown by residents of
Breeze Ridge Estates. They were very interested in the eventual
relocation of the street system.
RECOMMENDED ACTION:
By motion, approve the Conditional Use modification request based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, Section
2.4.5(E)(5) as recommended by the Planning and Zoning Board and
subject to the following conditions:
l. That right-of-way for a future street be reserved along the
western boundary line, with a configuration generally as
shown on Exhibit A in the Staff Report.
2. The provision of a legal document which provides for the
purchase of the reserved right-of-way, through agreement
between the City and the Temple Sinai based upon certified
property appraisals.
3. That the expansion be generally consistent with the sketch
plan, but with direction to SPRAB that consideration be
given to the relocation of the trash/dumpster area.
Attachment:
* P&Z Staff Report
jcm/T:CCSINAI.DOC
.. ,,'..
~
PLANNING & ZONING BOARD
CITY OF DELRAY E:,..:ACH --- b .'AFF REPORT ---
MEETING DATE: DECEMBER 16, 1991
AGENDA ITEM: III.C.
ITEM: CONDITIONAL USE REQUEST FOR TEMPLE SINAI
---
-
I
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---
GENERAL DATA:
Owner.........................Temple Sinai of Palm Beach County
Agent.........................James A. Johnson
Location......................On the west side of Atlantic
Avenue, between N.W. 24th Avenue
and High Point Boulevard.
Property Size.................9.99 Acres
City Land Use Plan............Community Facilities
City Zoning...................CF (Community Facilities)
Adjacent Zoning...............North: RM (Multi-Family
Residential)
East: R-1AA (Single Family
Residential)
South: OS (Open Space)
West: RM and
POD (Professional Office
District)
Existing Land Use.............Synagogue and related facilities.
Proposed Land Use.............Phase One: 10,663 sqft. expansion
of existing facilities. Phase Two:
construction of a 5,925 sqft.
social hall.
Water Service.................Existing 4" lateral extension from
a 12" water main along Atlantic
Avenue.
Sewer Service.................Existing 8" sanitary sewer line N. d
extends into the subject property . .
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to add in two phases 16,588 sq. ft. of
accessory uses to Temple Sinai.
A concept/sketch plan is accompanying the request.
The property is located west of Congress Avenue on the north side
of Atlantic Avenue, between N.W. 24th Avenue and High Point
Boulevard.
Upon approval of the Conditional Use request the Site Plan
approval action will rest with the SPRAB (Site Plan Review and
Appearance Board).
BACKGROUND:
In June of 1954, a single family subdivision plat was recorded
for Breezy Estates. The subdivision consisted of 74 lots.
Approximately 12 house were built in the subdivision. In 1982,
the Temple Sinai purchased a portion of the vacant lots
to build a synagogue.
At its meeting of July 27, 1982, a conditional use request was
approved to establish a 12,740 sq. ft. Synagogue within the R-1AA
zone district, a portion of Breezy Estates Subdivision. The
facility accommodated 350 seats with 175 parking spaces.
Through the replatting and conditional use procedures, several
issues were identified. The first being the need to realign
that portion of Davis Road which was constructed in the L-33
canal right-of-way, through Breezy Estates. The second issue
being the abandonment of S.W. 26th Avenue which was the ultimate
right-of-way connection to the vacant property to the north
(known as the Tate property).
The realignment of Davis Road would take access from Atlantic
Avenue through S.W. 24th Avenue, to S.W. 23rd Avenue extended
north over the L-33 canal through the Tate property. The road
would tie into Davis Road north of Breezy Estates subdivision.
Thus, eliminating that portion of Davis Road constructed on the
canal right-of-way.
After a lengthy discussion, it was the Board's consensus that the
construction of the bridge by the applicant was not necessary at
this time; however, for future planning purposes, the provision
of right-of-way to extend S.W. 23rd Avenue to the north would
stand as a requirement.
'f I,jl'
I
P&Z Staff Report
Conditional Use Request for Temple Sinai
Page 2
In 1987 and 1989, . the property immediately west of the subject
property on Atlantic Avenue, submitted a concept plan to build a
54,000 sq. ft. medical complex (Patel Medical Building) . At that
time, it was identified that the property to the north may be
better served with a shared right-of-way with the Temple
property.
In December 1988, there was some discussion of a school being
built on the vacant property north of the Tate property. This
again, brought up the issue of the Davis Roàd realignment. The
proposal was to provide a 60' local collector street to be
constructed on the western boundary line of Temple Snail
property.
The purpose of the road being aligned at this location would
achieve the following:
* The creation of a safe intersection with Atlantic Avenue
which is capable of handling the traffic that would
otherwise be using the N.W. 24th Avenue intersection.
* The shift of all the traffic from the east side of the
Temple property to the west. The only traffic which would
not be shifted is that from the homes located within the
subdivision east of the Temple.
* Creates the potential to eliminate the use of Davis Road as
the connection between Lake Ida Road and Atlantic Avenue.
The factors which lead to this discussion, included the plans for
the reconstruction of Atlantic Avenue being prepared by Palm
Beach County; the property owner to the north (Tate) was willing
to look for an alternative access other than that which was
already approved along N.W. 23rd Avenue; and the School District,
which owns property to the north for a middle school, would have
a signalized access from Atlantic Avenue.
Although the above discussions took place, _ no formal petitions
were filed. The School District chose a different location for
the middle school; Dr. Patel did not follow through; and no other
development discussion has occurred on the Tate property.
The Temples property was rezoned to CF (Community Facilities)
with the adoption of the LDR's and the Citywide rezoning in
October 1990; and their expansion request is now before the
Board.
.. Id"
P&Z Staff Report
Conditional Use Request for Temple Sinai
Page 3
PROJECT DESCRIPTION:
The development proposal is to expand the Temples existing
building in two phases. Phase 1 expansion (10,663 sq.ft) will
provide for additional lobby space, office space, and classrooms.
Phase 2 expansion (5,925 sq. ft. ) will provide for a new social
hall with stage, berna, dressing rooms and storage.
The expansion will be located on the west side of the existing
building. The proposed uses will not require any additional
parking, since they are accessory uses to the sanctuary.
The submittal of November 1, 1991, did not indicate any road
right-of-way along the western property line. Through the review
process it was identified that an 80' right-of-way would be
necessary for standard "collector" road. The applicant
resubmitted plans on December 3rd showing the right-of-way, with
a letter requesting a reduction in right-of-way to 50'.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which 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 uses associated with the expansion are allowed, as an
accessory use associated with a temple, as a Conditional Use in
·the CF (Community Facilities) Zoning District. The CF Zone
District is consistent with the Community Facilities designation
on the Future Land Use Map.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall be
provided pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
'. 1'1'
f
P&Z Staff Report
Conditional Use Request for Temple Sinai
Page 4
* The improvement is in place prior to issuance of the occupancy
permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital improvement
budget; it has been designed; and a contract for installation
has been solicited.
Water:
Water service exists to the site via a connection to the 12 " main
located on the north side of Atlantic Avenue. The existing
building is serviced with a 4" lateral. The proposed addition
will tie into the existing system.
Sewer:
Sewer service exists to the site via a connection to an 8" main
extended from High Point Terrace East. The proposed addition
will tie into the existing sanitary sewer system.
Drainage:
Drainage is accommodated via an existing retention pond located to
the east and north of the building. No problems are anticipated
in accommodating drainage on-site.
Streets and Traffic:
A traffic . statement was submitted along with the petition. The
study indicated that an additional 155 trips per day will be
generated by the increase in building square footage.
The current Level of Service on Atlantic Avenue is Level D. The
existing trips and the proposed trips equals 30,120 trips per
day. Atlantic Avenue can handle 30,200 trips per day.
Therefore, the proposed expansion meets the Level of Service for
'rraffic.
As discussed earlier in this report, the need has been identified
to provide a right-of-way along the western boundary of the
subject property. The City's Traffic Engineer has conducted a
study of the ultimate build-out of the vacant properties north of
the Temple. It has been determined, that a modified local street
section with a 60' right-of-way would be sufficient to handle the
traffic at build out.
,. '·11
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P&Z Staff Report, ~ ò">- ~
Conditional Use Request for Temple Sinai ~0
Page 5 ...0;
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It has not yet been determined the exact location of the collector
road from Atlantic Avenue north to the jog in the property line (see
site plan). The full 60' dedication will be required to be provided
by the Temple, north of the jog, due to an existing drainage canal
located to the west of the property line.
The applicant has submitted a letter objecting to the taking of \
right-of-way at this time, but indicating that the Temple would
agree to provide a 50' right-of-way, to be reserved for sale at a
fair market value to either the City or the owner of the property
to the north at such time as development occurs (see letter
attached) .
At the Planning and Zoning Board workshop meeting of December 9,
1991, there was a consensus that the roadway be reserved so that
taking of the property would occur without litigation or the
procedure of eminent domain.
It is the position of the City Engineer to require 60' right-of-way
to accommodate the required pavement width, sidewalks/bicycle path
and drainage. North of the property line jog, it seems appropriate
to locate the right-of-way east of the existing utility easement and
tree line. South of the jog, it seems appropriate to have the
right-of-way taken equally from adjacent properties (see Exhibit A).
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses.
Open space requirements are a function of Section 4.6.4(E) and
Section 4.6.l6(H) (3) (perimeter requirements), and Section
4.4.21(H), Section 4.6.16(E)(Internal landscape requirements) as
well as Section 4.3.4. (H) (6) (b) (Special Landscape Setbacks).
These requirements must either be met or appropriate waivers and
variances obtained with the full site plan submittal.
With the original approval for the Temple, a request was made by
High Point, that the tree line along the western property line
remain as is; or that a fence be installed which is agreeable to
each party (see High Point letter of June 9, 1982) . When the
road is constructed along the west property line, the existing
vegetation will probably be removed as the material consist of
Brazilian Peppers, Florida Holly, and Australian Pines. The
issue of adequate buffering will need to be addressed at that
time.
" HI;
P&Z Staff Report
Conditional Use Request for Temple Sinai
Page 6
solid Waste:
A dumpster is provided on the sketch plan. The proposed uses
will have little or no impact on our ability to accommodate solid
waste. There is a concern with respect to the location of the
trash area from both an aesthetic perspective and its
functionability (access) once ultimate road improvements are
made.
Compliance with Land Development Regulations:
If the conditional use is approved, a full site plan submittal
will be reviewed by the Site Plan Review and Appearance Board.
The proposed site plan must comply with the L.D.R.'s. At this
time, no significant site development issues, other than the
trash location have been identified.
With respect to the street dedication issue, Section 5.3.1 applies.
The following specific subsections apply:
* Section 5.3.1(A)(3) states that when development is adjacent
to a planned street, the development shall be responsible
for providing one-half of the ultimate right-of-way or such
portion of the ultimate right-of-way which is yet
undedicated and which is on that development's side of the
ultimate right-of-way center line. In situations where
there are unusual topographic features, greater or lesser
dedications may be required.
* Section 5.3.1(B)(1) states that dedication of right-of-ways
shall be consistent with the F.D.O.T. Highway Plan, the
P.B.C. Thoroughfare Plan, and Traffic Element of the City of
Delray Beach Comprehensive Plan.
Upon further review, the proposed street was not identified in the
Comprehensive Plan. However, has been identified as a need through
earlier discussions. It would then be appropriate not to force
dedication, but proceed with a reservation for the right-of-way.
* Section 5.3.1(D)(2) states that a City Collector Street would
require an 80' right-of-way. As identified earlier in this
report, a 60' right-of-way with a modified section is
acceptable.
Pursuant to Section 5.3.1(D)(4), a reduction in the required
right-of-way width may be granted by the Planning and Zoning Board
pursuant to the reduction being supported by the City Engineer. The
City Engineer does support the reduction.
NOTE: The Comprehensive Plan shall be corrected to include this
street with Amendment 92-1.
~ ";11,
,.
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P&Z Staff Report
Conditional Use. Request for Temple Sinai
Page 7
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis 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.
Pursuant to Section 2.4.5 (E) (5) (Findings) in addition to provisions
of Section 3.1.1, the City Commission must make findings that
establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by an office zoning designation to the west,
Medium Residential zoning designation to the north, R-lAA zoning
designation to the east and bordered on the south side by Atlantic
Avenue. Since the uses are allowed under the CF zone district as
accessory uses to the Temple, the approval of the modification to the
conditional use should not have a detrimental effect on the stability
of the neighborhood or hinder development or redevelopment of nearby
properties.
A review of objectives and policies of the adopted Comprehensive Plan
was conducted and none were found which specifically pertain to this
request.
REVIEW BY OTHERS:
Site Plan Review and Appearance Board:
Final action on the site development plans re·sts with the Site
Plan Review and Appearance Board. The site- development plan will
be scheduled for consideration by the Site Plan Review and
Appearance Board if approval of the Conditional Use is granted by
City Commission.
ASSESSMENT AND CONCLUSIONS:
It can be concluded that the requested expansion of the Temple
has little or no effect on the previous conditional use request.
However, the need to provide a right-of-way along the western
property line has clearly been identified. The provision of a
road at this location would provide for a safe intersection at
Atlantic Avenue, the elimination of the unsafe portion of Davis Road
,. .,<,.
..
. P&Z Staff Report
Conditional Use Request for Temple Sinai
Page 8
which is presently located in canal right-of-way and the provision to
provide access to the vacant property to north.
ALTERNATIVES:
A. Continue with direction.
B. Recommend approval of the request based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E) (5) and subject to
conditions.
C. Deny the request with the basis stated.
STAFF RECOMMENDATION:
Recommend approval of the Conditional Use request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(E)(5) for Temple
Sinai, subject to the following condition:
a. That right-of-way for a future street be reserved along
the western boundary line, with a configuration
generally as shown on Exhibit A.
b. The provision of a legal document which provides for the
purchase of the reserved right-of-way, through agreement
between the City and the Temple Sinai based upon certified
property appraisals.
c. That the expansion be generally consistent with the sketch
plan, but with direction to SPRAB that consideration be
given to the relocation of the trash/dumpster area.
Attachments
JCM/#9/SINAI
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HIGH POINT OF DELRAY EEACH
SECTION .
292 HIGH POINT BOULEVARD
DELRAY BEACH. FLORIDA 33444
June 9, 1982
planning & Zoning Board
,City of Delray City Hall ReI Rezoning request by Temple Sinai
N.~t. 1st Ave.
'Delray Beach, Fla. 33445 Abandonment of Paper Road N.W. 26th Ave.
Dear Sirs I
With reference to the above mentioned items, at a s~ecial Board Meet-
ing of High Point of Delray, Section I held on May , 1982, Messrs.
Sitomer and Rothstein, representatives of Temple Sinai, verbally agreed
that if High Point of Delray, Section I did not object to the abondon-
ment of N.W. 26th Ave., a paper road which is parallel to the eastern
boundry of High Point of Delray, Section I, and if and when the City
of Delray cedes this paper road to the owners ,of Temple Sinai, that.
1. The present tree barrier would remain as is. In the event that
* the tree barrier was cut down or removed, the owners of Temple
Sinai will, at their expense, erect and maintain a barrier fence
- - that is agreeable to both parties.
2. Temple Sinai also agreed to pay all expenses High Point, Section I
will' incur as the result of the request to abandon N.W. 26th Ave.
such as attorney fees, printing, mailing, etc.
. The 248 owners of High Point, Section I were officially notified of
. the June 8, 1982 Board Meeting when the Board of Directors would vote
.' ' on the items discussed at the May- 4,'1982 Special Board Meeting.
At this meeting, the Board of Directors found no one who had any .
objections to the zoning change from a one-family to the propos~d
building of a synagogue. All items were approved by the 'Board. ", ,..,'
. In addition~ the Board voted that the secretary write a letter to the
planning and Zoning Board of this decision and this same letter will
'be read by our President, Hugh A. Delfs or his representative, so that
these items will be incorporated into the records of the June 21, 1982
or any subsequent Planning and Zoning Board Meeting where these items
will be discussed and voted upon.
Sincerely yours,
. ~d. /L~L;U
Adna A.-Hunter, Secretary
AAH/h
CCsHA DELFS. 277 High Point Court ~est
.. "';1
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SPINNER, DITTMAN, FBDJIIRSPIJIIL a DOWLING
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROf"EssIONAL ASSOCIATIONS
501 EAST ATLANTIC AVENUE
DELRAY BEACH. FLORIDA 33483
(407) 276-2900
ROBERT A. DITTMAN f"AX
DONALD C, DOWLING December 3, 1991 (407) 278'5489
ROBERT W, f"EDERSPIEL, P. A. WEST PALM BEACH LINE
JOHN W. SPINNER (4071 738-0400
Ms. Janet Meeks
Planner II
Planning and Zoning Department
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Temple Sinai Conditional Use
Dear Janet:
As you are aware this firm has been retained to represent Temple Sinai in the subject Conditional Use
Application. Pursuant to our client's receipt of your correspondence dated November 25, 1991,
addressed to Mr. James Johnson, and our subsequent meeting please be advised that our client feels
that the request for the dedication of an 80' wide right-of-way on the west side of Temple Sinai's
property is excessive and unreasonable.
In that the site plan modification being submitted with the Conditional Use Application is not
impacting the access to the property, it is clear that the purpose for the requested dedication, in this
case, will be to benefit the private property owner of the 20 acres to the north. A review of your files
indicated that the concept upon the original Site Plan approval for Temple Sinai was to provide access
for the northern 20 acres through N.W. 23rd Avenue on the east side of the Temple's property. This
would require only a minor dedication of approximately 60' in length between the previously
dedicated cul-de-sac and the boundary with the 20 acres to the north.
In the event the City feels that it is essential that the owner of the property to the north have access
to Atlantic Avenue along the west side of the Temple's property, our client would consider an
arrangement whereby a right-of-way, approximately 50' in width, along the majority of the western
boundary of the Temple's property as depicted in Mr. Johnson's drawings submitted, could be
reserved for sale at fair market value to either the City or the owner of the property to the north at
such time as development of that property was to occur. In this respect the property would be
currently site planned so as to reserve it for future right-of-way use and at the same time provide
compensation to our client for the fair market value of the property which is clearly being obtained
for the primary benefit of the northern property owner. We believe that by this method all interest
will be properly served and we would request the Board's consideration in that regard.
Sincerely, .~.."
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ROBERT W. FED~RSPIEL, P.A. .---' -
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cc: Mr. Morris Jackler
Mr. James A. Johnson
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER o(J1
SUBJECT: AGENDA ITEM # 1 ~ - MEETING OF JANUARY 14, 1992
CONDITIONAL USE APPROVAL - SOUTH COUNTY MENTAL HEALTH
FACILITY/PHASE II
DATE: JANUARY 10, 1992
The item before the Commission is a request for conditional use
approval for Phase II of the South County Mental Health Facility.
The subject property is located on the east side of Military
Trail, just south of the BocaRay Plaza.
The proposal consists of the development of five 8-bed supportive
housing facilities and one 20-bed short term residential
facility, for a total of sixty (60) beds. The construction will
be done in six phases, as follows: Phase I to consist of
remodeling the existing single family residence into an eight bed
facility; Phases II through VI will consist of the construction
of the other four 8-bed facilities and the 20-bed facility.
The Planning and Zoning Board conducted a duly noticed public
hearing on this matter on December 16, 1991. Upon consideration,
on a 4-2 vote (Purdo and Naron dissenting), the Board forwarded a
recommendation of approval, subject to the conditions enumerated
in the accompanying staff memorandum.
Recommend approval of the conditional use request for Phase II of
the South County Mental Health Facility based upon the findings
made by and subject to the conditions as recommended by the
Planning and Zoning Board.
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C I T Y COM M I 5 5 ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
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THRU: DA D J. KOVA 5, DIRECTOR
DEPARTME OF LANNING AND ZONING
FROM:
II
SUBJECT: MEETING OF JANUARY 14, 1992
CONDITIONAL USE FOR PHASE II OF THE SOUTH COUNTY MENTAL
HEALTH FACILITY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use Request for Phase II of the
South County Mental Health Facility.
The project is located on the East side of Military Trail,
just south of the BocaRay Plaza.
BACKGROUND:
The subject property was annexed in December 1987. In 1988
a site plan request was processed to allow the Linton Manor
ACLF. However, the conditions of approval were not met and
the project subsequently expired.
Recently, the South County Foundation for Mental Health
purchased the property and will operate Phase II as the
Snowdon Residential Center. Phase II will consist of
five B-bed residences and one 20-bed residence. For a
complete project description and analysis please review the
Planning and Zoning staff report which is attached.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at it's
meeting of December 16, 1991, at a duly noticed public hearing.
The following individuals spoke on the matter:
,. 1.11
CITY COMMISSION DOCUMENTATION
SOUTH COUNTY MENTAL HEALTH FACILITY
PAGE 2
* David Klarer, representing the Council of Communities, was
generally concerned about the project and asked the Board
to see that the "free flow" of the residents is controlled
in some manner.
* Ms. Leslie Baker, representing the Country Lakes
Homeowners Association, stated that patients had been
killed crossing Military Trail and there had been patient
intrusions on private property.
* Jerry Marshall, representing Woodlake Subdivision, who
generally supported the project.
Following the hearing, on a 4-2 vote (Purdo and Naron dissenting)
the Board forwarded a recommendation of APPROVAL subject to the
following conditions:
* That a site plan be submitted that conforms with the Land
Development Regulations and generally conforms with the
sketch plan,
* That a Bougainvilla hedge be installed along the north,
east, and south property lines as boundary treatment,
* That a boundary plat be submitted to accompany the site
plan, and
* That preliminary engineering plans be submitted to
accompany the site plan.
RECOMMENDED ACTION:
By motion, approve the conditional use request for Phase II of
the South County Mental Health Facility based upon the findings
made by and subject to the conditions as recommended by the
Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Sketch Plan
'f ,."
P .LAj'J I\J I N l:i & LUNIf\JU fjUAHU
'CITY OF DELRAY b,-ACH --- t.AFF REPORT ---
MEETING DATE: DECEMBER 16, 1991 ,. 'iii: ..;
AGENDA ITEM: III.D.
..>G
ITEM: CONDITIONAL USE, EXPANSION PLANS FOR SOUTH COUNTY MENTAL HEALTH
FACILITY ON MILITARY TRAIL
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GENERAL DATA:
Owner. ........................south County Foundation for
Mental Health Inc.
Agent. ........... .............Mike Picard
Location......................On the southeast corner of Linton
Boulevard and Military Trail, just
south of the Boca Ray Plaza.
Property Size.................IO.05 Acres
City Land Use Plan...... .,.... .Community Facilities and
Transitional
City Zoning...................CF (Community facilities)
Adjacent Zoning.............. .North: PC (Planned Commercial) and
POC (Planned Office Center)
East: AR (Agricultural Residential,
Palm Beach County Zoning)
South: POC
/ West: PC
Existing Land Use.........~...Exlstlng Mental Health Center and
Single Family residence.
Proposed Land Use.............Constructi6~ or·~·Short T~im ..
Residential Treatment Complex.
Water Service.................Existing 6" lateral extension from
a 12" water main along Military
Trail.
Sewer Service.................Existing 8" sanitary sewer line ITEM: II
adjacent to Military Trail.
" '.11'
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation. on ,
a Conditional Use request (Major Modification), ~o establish-Phase
II of the existing South County Mental Health Facillt.y.;i .,
., .
A concept/sketch plan is accompanying the request.
.'
. southeast
The subject property is located on the' corner of
Linton Boulevard and Military Trail, just south. of . the BocaRay. '
Plaza. ,
- . j. ). I'
Upon approval of the Conditional Use request ,the: Site Plan . l .,
approval action will rest with SPRAB (Site Plan' Review, and :.
Appearance Board).
BACKGROUND:
The subject property was annexed and given a zoning designation
of MOl (Medical Office and Institutional) in December 1987. A
site plan request was then processed in early 1988 to allow the
Linton Manor A.C.L.F.
The project had numerous problems concerning access to the site,
but was approved subject to conditions including accessing the
site along the north property line through the BocaRay Plaza and'
processing a plat.
However, the plat and other conditions of approval were never
finalized and the project has expired. ~
Recently, the South County Foundation for ,Mental Health has
purchased the property and plan to operate t,he facility as the
Snowdon Residential Center.
PROJECT DESCRIPTION:
Phase II of the existing South County Mental Health Facility
(Snowdon Residential Center) contains 5.06 acres and will be
composed of 5 8-bed supportive housing facilities ( 1 existing)
and 1 twenty-bed short term residential facility for a total of
sixty beds. The construction will be done in 6 phases in the
following manor:
\
Phase I - remodel existing single family residence intQ 8-bed
facility.
Phase II to VI - construct. one 8~bed·facility or the twenty-bed
facility.
.. HI,
·
" To: Planning and 1ing Board
Re: Conditional U~w, Expansion Plans for Sou County
Health Facility on Military Trail
Page 2
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3) l ~ : ' '~
Pursuant to Section 3.1.¡ (Required Findin9s), prior to the
approval of development ~pplications, certain finding, must~'
be made in a form which is part of the official record.":-
This may be achieved throùgh 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 tcon~.iste~t _
with the land use designation).
The subject property has a zoning designation of C.F. (Community
Facilities) which is consistent with its land use designation of
Transitional. Also, the resulting use of a mental health
facility is allowed as a conditional use in the C.F. district.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concur~ent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within
the Comprehensive Plan. For sewer and water, concurrency shall
mean that direct connection to a functioning municipal system
is made. For streets (traffic), drainage, open space (parks),
and solid waste, concurrency shall be determined by the
following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been des igned; and a contract
for installation has been solicited.
Water and Sewer:
There have been no water and sewer plans submitted with the
attendant sketch.
However, it has been noted that there are presently no services
being provided to the site and extensions will,' need-,to be made
from the existing 6" lateral service line off the 12" water main
along Military Trail and the existing 8" sanitary sewer currently
serving Phase I. Further, such extensions may need to be
provided to the eastern property boundary and the water system
looped.
"
To: Planning and ')ning Board
Re: Conditional _~e, Expansion Plans for So 1 County
Health Facility on Military Trail '..,
Page 3
Drainage: ",' " " ," ! i1' t I
'., i . " ", . '.. . i. !," -'.1
Drainage plans have not been' submitted with the ~ketch p~an~ It
is noted that the applicant~ plans to, use two ,ex).~ting. pQnds.. for
drainage purposes. Appropriate drainage will be addressed with
the site plan submittal. 'J' . J -c.
í ¡. .¡
streets and Traffic: . .!. -,' ,
Current tra f f ic volumes for. Mi 1 i tary Trai I south of Linton are,;·
25,757 Trips/Day. Phase II òf South County Mental Health :will ":
generate an additional 146 trips/day. Military Trail's capacity
before Level of Service "D". is exceeded is 30,200 trips/day.
Therefore, this development will be adequately served by Military
Trail,
Pursuant to Code Section 5.3.1(D)(2), 40 feet of right-of-way is .
to be dedicated along the eastern property line for a city ,
collector to be known as "Bloods Loop." No other dedications
will be required.
Since the site is not adjacent to an existing street, access to
the subject property is currently being taken through an existing
20 foot access easement along the north property line of Phase I.
However, this is an ill-advised method and an alternate route to
be taken through the existing parking is being recommended.
During the previous approval associated with the Linton Manor
ACLF, an entrance (from Military Trail) into the site south of
the BocaRay Plaza was proposed. However, the applicant could not
get approval for this entrance from the County due to i~s
proximity to the existing entrance to the BocaRay Plaza.
Therefore, the north entrance continues to be the primary access
to the subject property.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses, therefore there is no Level of Service Standard to ~adhere
to.
Open space requirements are a function of Section 4.6.4 (E) and
Section 4.6.16(H)(3)(perimeter requirements), and Section
4.4.21(H), Section 4.6.16(E)(Internal landscape requirements) as
well as Section 4.3.4.(H)(6)(b) (Special Landscape Setbacks).
These requirements must either be met or appropriate waivers and
variances obtained with the full site plan submittal.
) '.
Solid Waste:
- -- --- -_.
One dumpster is proposed along the north property line of Phase
II. The Level of Service Standard for Solid Waste is 7.2 pounds
per person per day and the adequacy of this dumpster to meet
the required Level of Service will be reviewed with the site plan
submittal.
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To: Planning and í ing Board .
Re: Conditional Us...., Expansion Plans for Sout ':ounty
Health Facility on Military Trail
Page 4
Compliance with Land Development Regulations:
The proposed use is allowable under the Land Development
Regulations. If the condit~9nat use Is , aPP.J;'oved, a full site
plan submittal will be reviewed by the Site Plan Review and
Appearance Board. The proposed site plan must comply with the
L.D.R.'s. It is appropriate at this time t01 bring the following
LDR requirement to the attention of the applicant.
The initial submittal sketch plan didn't show enough parking, no
exit onto "Blood's Loop", and the internal circulation was poor.
With the revised sketch plan, the applicant has addressed these .:L
code requirements by showing a future parking section, provided
the extension to "Blood's Loop" , Qnd eliminated the looped
traffic circulation.
Section 2.4.5(E) Required Findings: (Conditional Use)
Pursuant to Section 2.4.5 (E) (5) (Findings) in addition to
provisions of Section 3.1.1, the City Conunission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
Based upon the fact that there is an existing mental health
facility directly west of the subject property and numerous
health service providers directly south of this project, this
development should have no detrimental effect upon the
surrounding area.
Also, with the extension of services and with the 40 feet
right-of-way dedication this development will make it easier for
nearby properties to be developed.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis 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.
Required findings under Section 2.4.5(E) are discussed under the
"Compliance with LDR's" section of the staff report and a
positive finding to each is made. A review of objectives and
policies of the adopted Comprehensive Plan was conducted and the
following objectives or policies were found:
'. I'll'
To: P lann i ng an' "':oning Board I
Re: Conditional .5e, Expansion Plans for Sl h coun1y.
Health Facility on Military Trail
I
Page 5 ,
Land Use Element Objective A-I: Vacant property, sttall be
developed in a manner so that the future use and iIltel1sity is
appropr ia te in terms of- soi I, . topographic, and- ,othe,r : appl icable
physical considerations, is complementary to adjacent ;land uses,
and fulfills remaining land use needs. j I
.. , " I
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Phase II development will accommodate a total of ,60 b~ds and will
have no direct access to any street system. ; Therefore, the
existing access into-- Phase -I will be intensified until Blood's
Loop is construed. Other physical considerations such as soil
and topographic issues will be handled with the· site plan
submittal and no problems are anticipated.
REVIEW BY OTHERS:
Neiqhborhood Associations: :
Notification was sent to the following neighborhood associations
and no negative responses are anticipated: .
-
Country Lake Homeowners Association, Shadywood~ Homeowners
Association, Foxe Chase Homeowners Associatioh, Del-Aire
Homeowners Association, Spanish Wells Condo Association, and
Delray Beach Council of Communities.
Notice was also provided to owners of property which is within
500 feet of the project boundary.
Site Plan Review and Appearance Board:
.
A full site plan will be submitted once conditional use approval
has been given by the City Commission. Final action on the site
development plans rests with the Site Plan Review and Appearance
Board. .
. -
ASSESSMENT AND CONCLUSIONS:
Overall, Phase II of the South County Mental Health Facility is a
workable project. Staff's major concern deals with access to the
site through the existing location at the BocaRay Plaza.
However, since the South County Mental Health Facility has no
direct access to Military Trail, this problem will persist until
such time as Blood's Loop is constructed.
ALTERNATIVES:
A. Continue with direction.
B. Deny conditional use request.
C. Recommend approval o-r-t:he request based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies _ of the
Comprehensive Plan, and Section 2.4.5(E)(S) and subject to
conditions. -
" '·11'
. To: Planning and 7 ing Board
Re: Conditional Us~, Expansion Plans for Sout ':ounty
Health Facility on Military Trail
Page 6
STAFF RECOMMENDATION:
Recommend approval of the Conditional Use request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.S(E)(S) and subject
to the following conditions:
1- That a site plan be submitted that conforms with the
Land Development Regulations and generally conforms with
the sketch plan.
2. That a boundary plat be submitted to accompany the site
plan.
3 . That preliminary engineering drawings be submitted to
accompany the site.
Attachments: location map, site plan
SET #4 A:MENTAL.DOC
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SOUTH COUNTY MENTAL HEALTH CENTER -I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf1,.",~
SUBJECT: AGENDA ITEM # c¡r; - MEETING OF JANUARY 14, 1992
PINEAPPLE GROVE PROJECT - CONTRACTOR ISSUE
DATE: January 10, 1992
This item is before the Commission to consider the options with
regard to selecting a contractor to construct drainage for the
Pineapple Grove project.
The City Attorney's Office and Environmental Services Department are
currently negotiating with ARZ Builders regarding the amount of the
change order for Option 1 (Positive Drainage) . Based upon the
outcome of those negotiations the Commission will need to determine
whether to issue a change order to the contract with ARZ Builders or
to re-bid this project. Staff anticipates having a recommendation
at your Tuesday evening meeting.
rnO/ton Jo Itpf/XJ{}£ (!h1JlX¡6 Ot:£J&e # / 10 fh£
f.) e 2/ Pin£fìpP£ ~IIE.- úJlk¡ Con-æJk!.,-r in 'fh€- IJmou.nf
ú! 1; <g~, 660.00 {pse (!jJ:S mfmo nlllldJ~/))
Pnssf./J 5-0
- D£s ÎJ/) iss{J.~ R..£ l1œommOO¡;77ðn 01 ~ k¡;/4'c.-
-fo hs Ft{JÐ~SELJ Of) ¡j.;u /9~
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JAN-10-'92 FRI 12:22 ID:DELRAY ENU. SERUICES TEL NO:407-243-7060 1:*847 P02
MEMORANDUM
TO: Cheryl Leverett
Agenda Coordinator
FROM: Rob Taylor, P.!. (,j t'{jh..ì~.
Asst. city Engineer '
DATE: January 10, 1991
SUBJEC'1': PINEAPPLE GROVE WAY
The item before the city commission of January 14, 1992 is
whether to issue a change order to the contract at ARZ to
construct the drainage improvements decided upon at the
meetinq on January 7, 1992, or to rebid the project.
The city Attorney's Office and the Environmental Services
Department are currently negotiating with ARZ reqarding the
amount of the proposed change order.
RT: mm
cc: William H. Greenwood, Dir. of Environmental services
Jeff Kurtz, City Attorney
Ralph Hayden, city Engineer
Lula Butler, Community Improvement Director
File: RT179110.MRM - Project No. 91-79 (D) - Memos to city
Clerk's Office
'.
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[ITY DF DELRAY BEA[H .
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACS¡/l.HLE 4071278-4755 Wit ' Di t Li
r er s rec ne
(407) 243-7092
MEMORANDUM
Date: January 14, 1992
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: ARZ/Pineapple Grove Way Contract
Our File #01-90.054
Rob Taylor and I met with the President of ARZ to negotiate a
change order which would ,facilitate the placement of a positive
; drainage system ·on Pineapple Grove Way., . The negotiations
resulted in a total change order price of $82,560.00 which
includes all damages incurred, to date and which·we'are recom-
mending the Commission accept.
If ARZ'~ contract was terminated at this point in time and the
job rebia~ our engineers estimated that the cost of such work
would result in a contract bid price of $71,000.00. In addi- .?... .:'II~~
tion, certain damages would be due to ARZ. ARZ claims damages
to be slightly in excess of $16,000.00 while the City's more
realistic figure is in the $4,500.00 range. Therefore, in a
best case scenario, the staff believes the City would
experience a minimum cost of $75,000-$76,000 and incur at least
another six weeks of delay on this project. Obviously we would
also face the possibility of litigation with ARZ over the
damage amount.
A breakdown of the proposed change order which will include
settlement of any and all damages incurred to this point and
the remobilization of his work force is attached.
The Commission may recall that ARZ submitted a price of $80,685
which was rejected by the City on - December 7, 1991- The
principal differences between othe December and January figure
is that the bids are based on differing quantities for four
items in the bid. The December bid was based on the engineer's
estimate of quantities and the January bid is based on quan-
tities with which the contractor is more comfortable. The
engineering staff believes that these will be able to be field
measured and the City will be able to monitor the situation so
that we only pay for the actual quantities used or put in.
"
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Memo to City Commission
January 14, 1992
Page 2
Going with the higher numbers then does not necessarily mean a
higher total payment at the conclusion of the job, but does
lessen the chance of subsequent change orders if more materials
are actually needed. The quantity increase and resultant cost
increase are set forth below.
Difference in Unit Increase
Description Quantity Unit Price in Cost
Remove Exist. Cone. Walk Increase of 50 7.5 $ 375.00
sq. yards
Remove Exist. Pavement Increase of 50 10 500.00
sq. yards
New Cone. Walk Increase of 50 12 600.00
sq. yards
Asphalt Restoration Increase of 50 21 1,050.00
sq. yards
TOTAL $2,525.00
Therefore, when one compares the bids using the same quan-
ti ties,ÌTe can see that the January bid is $650 less than the
December bid.
Staff also believes that the City is in much better position
when only one contractor is responsible for guaranteeing
completion and quality of the work to be done on this type of
project.
It would therefore be our recommendation that the City Commis-
sion approve Change Order No. 1 to the ARZ/Pineapple Grove Way
Contract in an amount of $82,560.00.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK: jw
Attachment
cc: David Harden, City Manager
Rob Taylor, Deputy Director of Environmental Services
Nancy Davilla, Horticulturist/Special Project Coordinator
pineaple.jsk
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REVISED COST ESTIMATE
PINEAPPLE GROVE WAY
1/14/92
1. POSITIVE DRAINAGE
QUANTITY UNIT
DESCRIPTION UNIT PRICE' COST
SAWCUT EXISTING 15"
AND 18" TO INSTALL BASINS 11 EA 300.00 $ 3,300.00
CORE EXISTING BASINS 2 EA 350.00 700.00
REMOVE EXIST. CONC. WALK 140 SY 7.50 1,050.00
REMOVE EXIST. PAVEMENT 400 SY 10.00 4,000.00
REMOVE NEW CURB 130 LF 7.00 910.00
NEW CONCa WALK 140 SY 12.00 1,680.00
ASPHALT RESTORATION 400 SY 21. 00 8,400.00
NEW TYPE D CURB 130 LF 9.00 1,170.00
TYPE P-I0 INLET 10 EA 1,350.00 13,500.00
TYPE J-I0 INLET 5 EA 1,780.00 8,900.00
TYPE P-V INLET 2 EA 1,500.00 3,000.00
TYPE J-V INLET 5 EA 1,975.00 9,875.00
MH-P7T 1 EA 1,150.00 1,150.00
12" CMP 500LF 19.00 9,500.00
15"RCP 197 LF 32.00 6,304.00
SOIL TESTS 1 LS 450.00 450.00
TRAFFIC-sAFETY/MOBILIZATION 1 LS 5,000.00 5,000.00
BOND .' ~-:':- - - 1 LS 1,660.00 1,660.00
ADDITIONAL DEMOLITION 1 LS 2,680.00 2,680.00
=======================================================c=====~=
SUBTOTAL + $83,229.00
2" PVC. 10 LF 4.90 49.00
3" PVC 10 LF 5.00 50.00
APPROVED ADDITIONAL DEMOLITION 1 LF 2,680.00 2,680.00
(EAST SIDE)
ADDITIONAL SCULPTURE BASES 2 EA 450.00 900.00
PURCHASE PVC 1 LS 48.00 48.00
---------------------------------------------------------------
---------------------------------------------------------------
SUBTOTAL + 3,727.00
-
CREDIT FOR 4" PVC TO DELRAY BEACH - 4,396.00
TOTAL $82,560.00
-----------
-----------
THESE NUMBERS INCLUDE ALL DELAY TRAFFIC AND STORAGE CHARGES.
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REVISED COST ESTIMATE
PINEAPPLE GROVE WAY
12/7/199 ,
UNIT
DESCRIPTION QUANTITY UNIT PRICE COST
,
.
SAWCUT EXISTING 15"
AND ~8" TO INSTALL BASINS ·11 EA 250 $2,750.00
CORE EXISTING BASINS 2 EA 350 '$700.00
REMOVE EXIST. CONC. WALK 90 SY 7.5 $675.00
REMOVE EXIST PAVEMENT 350 SY 10 $3,500.00
REMOVE NEW CURB 130 LF 7 $910.00
NEW CONC. WALK 90 SY 12 $1,080.00
ASPHALT RESTORATION 350 SY 21 $7,350.00
NEW TYPE D CURB 130 LF 9 $1,170.00
TYPE P-10 INLET 10 EA 1350 $13,500.00
TYPE J-10 INLET 5EA 1780 $8,900.00
TYPE P-V INLET 2 EA 1500 $3,000.00
TYPE J-V INLET 5EA 1975 $9,875.00
MH-P7T 1 EA 1150 $1,150.00
12" CMP 500 LF 19 $9,500.00
15" RCP 197 LF 32 $6,304.00
SOIL TESTS 1LS 450 $450.00
TRAFFIC SAFETY/MOBILZATION 1LS 6200 $6,200.00
BOND ::::-- 1LS 1660 $1,660.00
. l\DDITIONAL DE~ITION 1 LS 4680 $2,680.00 -, _ .
.. '> ...==========~=======~-;;-;:;======_-~==============..:._============= -- _....~---:.¡o
.
SUBTOTAL + $8i,354.00
2" PVC 10 LF 4.9 $49.00
3" PVC 10 LF 5 $50.00
APPROVED ADDITIONAL DEMOLITION 1LS 2680 $2,680.00
(EAST SIDE)
ADDITONAL SCULPTURE BASES 2 EA 450 $900.00
PURCHASE PVC 1LS 48 $48.00
==========================================================
SUBToTAL + $3,727.00
...-
CREDIT FOR 4" PVC TO DELRAY BEACH - $4,396.00
TOTAL $80,6~5.00
=::s===========
--
THESE NUMBERS INCLUDE ALL DELAY, TRAFFIC AND STORAGE CHARGES
,. HI'
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. 1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [Y7-l\
SUBJECT: AGENDA ITEM. # 9tt - MEETING OF JANUARY 14, 1992
SERVICE AUTHORIZATION NO. 3/PEC CONSULTANTS
DATE: January 10, 1992
This is a service authorization in the amount of $296,182 for design
and construction services for an In-line Booster Master Pump Station
to be located away from Veteran's Park. This will replace
Authorization No. 2 for design of a new Master Lift Station. The new
Master Pump Station and a small submersible pump station located at
or near Veteran's Park will replace the existing lift station located
within Veteran's Park at the intersection of East Atlantic Avenue and
the Intracoastal Waterway.
Hazen and Sawyer, consultants for the Sewer System Master Plan, have
projected that the proposed in-line booster station along with the
rerouting of flows will save the City $100,000 to $200,000 per
year. A detailed staff report is attached as backup material for
this item.
Recommend cancellation of Service Authorization No. 2 and approval of
Service Authorization No. 3 to the contract with PEC Consulting in
the amount of $296,182 with funding from 1991 Water and Sewer Revenue
Bond - Engineering Services (Account No. 447-S166-S36-33.11).
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Agenda Item No.:
AGENDA REQUEST
Date: 01/02/92
Request to be placed on:'
XX Regular Agenda Special Agenda Norkshop Agenda
When: January 14. 1992
Description of agenda item (who, what, where, how much) : Request City Commission
to approve Service Authorization No.3 to P.E.C. {Professional Engineering Consultants)for desiqn and
construction services for In-Line Booster Master Pump Station in the amount of $296.182.00 Funding account
447-5166-536-33.11 Proiect #90-05
441-S/tO"- 53".00 -;31
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval to P.E.C. for authorization No.3 in amount of
$296,182.00
;...
Department Head Signature, ~-:rJd~"Ø'M...J ¥
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 (if applicable.)
Funding alternatives:
Account No. & Description: 4'tl-So/hh-S-%,"3S-11 H Å's11:£ SE.\l'JÄi1e; 1.-1 Fí 5íÆf:-E" N"G,
Account Balance: 1<6~ ~..sg
I 44-1-S1 bl'ø- &-=5b. f:tJ -~ I kA-sTe-R SEWk&f:
City Manager Review: t..1~ "5TAT - ßl.-þS¡S
Approved for agenda: YES/ NO ,01Z.¡3ÇK«>
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
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PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DEJ.-RA V BEACH
CONSULTING S~BYlCE Al1'l1«>RIZATIOr.-LNo~3
DATB: .
SERVICE AUTHORIZATION NO. ~~._ FOR CONSULTING SERVICES
CITY P.O. NO. ~ - CITY EXPENSE CODE
M
PROJBCT NO,:
CITY OF l)ELRA Y BEACH ___eo PEC DB-04 .
TITLE: IN-LINE BOQST.E.ß...MMTER P.S.: .QESlGN AND CONSTßPC.TION PfIAS~ERVICES
This service authorization, when exe<:uted, shall be Incorporated In and shall become an Integral part of the
Cont~act, Dated December 4, 1991, by and between the City of Delray Beach and PEC,
I. fROIECT DEs.c~
The objective of this assignment is to provide construction plans, specifications and related bidding documents
for me construction of the new In·Llne Booster Master Pump Station for the City of Defray Beach. The new
Master Pump Station (MPS) and a small submersible pump station located at or near Veteran's Park will
replace the existing slatlon located within Veterants Parle at the Intersection of East Atlantic Avcnuo and the
Intercoastal Waterway. The basis of this Scope of Work and design development for the In-Line Booster MPS
Is the City/Consultant meeting held Decðmber 6, 1991, and subsequent discussions with tho City Staff
outlining the general scope of the project more specifically described as follows:
1. In-LIne.Booster Master Pump StatLQI) (J...S. lpo).
· At grade structure; "slab on grade".
· Multiple horizontal end suction centrifugal sewage pumps (3@ ± 150 hp or 4 @ ± 100 hp)
· Multiple speed drives (VFD Q.[ two or three speed pumps).
· Overhead bridge crane for pump/motor removal.
· Roll-up garage door at rear of buildIng,
· Motor Control Center to be separate room envlronmentatty controlled (air conditioned),
· Suction and dlschargo piping to be concrete encased under floor slab (no plpo trenches).
· Pump separation of S feet 0 Inches minimum.
· No bathroom facUlties,
· Transformer mounted outside of building.
· Pump room finish to be sound block or double CMU wall at contractors option.
· Motor drives, Instrumentation equipment and electrical subcontractor(s) to be pre~quallned.
· Emergency generator room to be finished with hospital grade acoustical panels. Muffler to
be critical hospital grade. Exterior acoustical wall baftle to be providoo at radiator' exhaust
louver.
· All piping shall be contained within building.
· By·pass with check valve accessible within building.
· Booster Pump operator controlled by DFS SCADA system and back-up Pump Controller.
2. FUtce Main ImprQx~m~n~ ~eQ attacb~ exhibits)
· New force main from L.S. #1 to exlMlng 24-lnch Influent force main (suction header); 2400
L. F. 20-inch DIP.
.
Z . d ::: : i' ¡ Z6¿,¡'60'¡Ø SlN~llnSNOJ ÐNId33NIÐN3 1~NOI55330dd WOd3
.. 1·'1'
..
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· Manifold 12" force main from L.S. #8 and to·lnch for<:e main f(om L.S. #tOOA Into existing
24·lnch Influent force main (suction header); 100 L.P. to-inch, 80 L.P. 12-lnch PVC and 100
L.P. 16-lnch DIP.
0 Extension of existing 16" force main (Intercoastal waterway crossing) into existing 24-lnch
Influent force main (suction header); 400 L.F. 16-lnch DIP.
· Ellterulon of existing 6-lnch force main from L.S. #5 Into existing 24~lnch Influent force maln~
S50 L.F. 6-lnch PVC.
· Extension of exlstln¡ lO-lnch force main from L.S. #4 into existing F.M, #11 (to be
reversed); 1200 L.P. lO-lnch PVC.
· Replpe F.M. #11 Into L.S. #11 (for repumplng) and conneçt L.S. #11 discharge Into 30-lnch
Influent force main (discharge header).
3. U....JOOA..:-724 ipm (peak.J1ID'll.trlp~JlJUbmerslble D\1011> -.StatlQnJo~at.eu1JU...ru:.aLY.eter an' sPark
· Provide emergency receptible only for portable generator set.
· Provide misting system In wet well for odor contro1.
· Upon deactivation of existing Master Pump Station relocate recently City purchased GAC odor
control equlpm~nt to L.S. l00A hO\1sed In a small single building.
II. SCOPE OF SERYICES
Provide the design and construction plans, specifications and related bidding documents for the construction
of the new In-Line Booster MPS, duplex submersible station (L.S. lOOA) and various manifold force main
improvements. 11h~ development of this assignment consists of three (3) primary actIvities and sub-task! as
follows:
A, Preliminary D~sl.in~ Evaluation of existIng ¡;ondltlons, establish design criteria, coordination of
geotechnical Investigation and surveying coordination with Veteran's Park Renovation design. preparation
of preliminary design drawings, 8p~lflcatlons and constmctlon ":0$( estimates.
B. ElnaLDeslin: Preparation of Contract Drawings, spedtlcatlons and flnat cost estimate, preparation and
submittal of FDER permit appllcatlon, 30%,60% and 90% completion level reviews with City Staff and
Valve Engineering consultant to the City of Delray Beach.
C. CQrutruction Administration: Prepare preconstruct ion conference booklct, periodic site observation,
review shop drawings, attend monthly progress me~tlng, prepare change orders, review pay requests,
and close out.
D. .Qnwulonal Phase ~ Preparation of Operation and Maintenance Manual for the new In·Llne Booster MPS
and L.S. lOOA.
Detailed Scope of S~rvlces Is Included in Attachment" A".
m. BUDGET
The followlna services shall be paid on the basis of the following methods in accordance with thè. Contract
Agreement, the total not to exct~erl $296,182 without further authorization from the City:
Task Activity BuIu1( Pll)'l11en~ Budiet
l Prellmlnary Design Lump Sum $ S9,258
2 Final Design Lump Sum 141,311
3A BiddIng Assistance Hourly Time Charges 12,339
38 Construction Phase Assistance Hourly Time Charges 76,780
4 Oper. Phase-Prep. O&:M Lump Sum 6,494
Budget Total $296. 182
i: '.;I :::: : r ¡ 36¿,T"t,Ü"JÜ SltltillnStlOJ ~,tI ¡ d33H ¡ ~ltB ltillO ¡ SS3.::10dd l,jI)d.::l
'. ,,' \
..
.
Detailed Manhour and Budget estimates are Included In Attachment lIB".
Thø Consultant shall be reimbursed for additional services not included In the above basic fees, such as but
not limited to: special permitting. additional prlnttng, property surveys. preparation of O&M Manuals and
resident services during construction, not to exceed an amount of Fifteen Thousand Dollars ($15.000). These
additional services shall be approved by tbe C1ty. In writIng, on an Item per item basIs.
IV. COMPLETION DA TB
The preliminary design activity shall be completed within 60 calendar days from Notice to Proceed and the
overall design activity shall bo completed within 140 calendar days from the receIpt of thIs fully executed
service author~atton (Notice to Proceed) or from receipt of City provided InformatIon which wilt enable PEC
to proceed with this Scope of Work.
The remainIng completion schedule for this assignment Is estimated as follows:
Bidding & Award of Contract: 4S Calendar days from Bid Advenlsement by City
Construction Phase: 250 Calendar days from Construction Notice to Proceed
Detailed Completion Schedule Is Included In Attachment "C".
This service authorization Is approved contingent upon the City's acceptance of and satisfaction with the completion
of the services rendered In the prevIous phase or as encompassed by the previous service authorization, If the City
In its sole dIscretion Is unsatisfied with the services provided In the prevIous phase or service authorization, the City
may termlnatø the contract without Incurring any further lIablJlty.
þ 'd ::: ¡. : r I .36¿,T ·t¡~· TO SlHtt.llnStlO) ~ltJ I d33tJ I ~1~13 llcHjO I SS3.::10dd I,JO:~.::I
" ",.
APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING
DßLRA Y BEACH CONSULTANTS, INC.
...--. DAY OF ___~__" .J99~ BY:.L .u JY ,
...B.....crala Ð~ttersQ~L___ -~~
Type or Print
Date: (SEAL)
CITY OF DELRA Y BEACH, a municipal
corporation of The STATE OF FLORIDA A TrEST:
BY: "_"_'~_"__M.._.--__w__..___...............~_____~.. ........l1li."1 111 "..tI ~ -
MA YOR BEFORE ME. the (oreaolng Instrument. this _ day of
, 1991. was acknowledged by -L
Crall' Batterson .
A TrEST: .. Ub.d Ub. I J ~ .
a duty authorized officer of f.rof~s.a¡ona1 .
En¡lQçetlna..-Çonsultantß, Inc.
DY: on behalf of the Corporation and said person executed the
sarno free and voluntarily for the purpose therein expressed.
APPROVED AS TO FORM:
BY: ..... WITNESS my hand and seal In the County and
City Attorney State aforesaid this _ day of . 1991.
Notary Public
State of Florida
My Commission Expires: 4 <I"
(SEAL)
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- !
"
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: George Abou-Jaoude
Deputy Director/Public Utilities
SUBJ: IN-LINE BOOSTER STATION/SAVINGS
PROJECT #90-05
DATE: January 10, 1992
Per Hazen & Sawyer and P.E.C. letters, the cost savings
associated with the proposed Booster station versus Master Lift
Station is as follows:
BOOSTER
per year
Energy cost $100,000 - $200,000
Chemical cost $ 4,000
Labor $ 5,000
If you have any further questions or comments, please feel
free to comment.
¡¿:~:/
George Abóu-Jaoude
Deputy Director/Public utilities
GA:pw
cc: FILE; Memos to City Manager
90-05 A (BOOSTER)
,.
JAt'¡ -, ~ ~3 2 5:0D F ROt'! HAZE II SAI· '{E R- BOCA F'AGE.002
I
HAzEN AND SAWYER Hazen and Sawyer. P. C.
2101 Corporate Blvd.
Boca Raton, FL 33431
Environmental Engineers & Scientists 407997-8070
fax 407 997-8159
January 7, 1992
MEMORANDUM
~-
TO: George Abou-Jaoude
FROM: . Saade M. Chlbanl
~UBJECT: Proposed Changes to the Master Lift Station
The City of Delray Beach Wastewater Transmission System is experiencing Inherent problems
typical with transmission systems In South Florida. Two of which are deterioration of the pumping
stations due to 20 or morE! years of sulfide attack and widespread repumping of the sewage flow.
The Master Uft Station (MLS) Is an example of both of these problems. The MLS pumps flow
from the entire Eastern portion of thé City Ir1Cludlng a bulk flow from the Town of Highland Beach.
The station was bunt In 1963 and stili operates under its original wet pit/dry pit design. Since the
wet well and influent str\Jcture are open. deterioration of the concrete structure has reached an
advanced stage.
The MLS pumps the Oelray Beach ftow north to the South Central Regional Wastewater
Treatment Plant SCRWWTP. The SCRWWTP Is located north of Lake Ida Road between
Congress and 1-95.
The open wet well of the MLS and the long resident time of wastewater In the system (repumping,
etc.) have caused serious odor problems, resulting of many complaints from the neighboring
citizens. In addition flow from the northeastern portion of the City is pumped south to the MLS
and then pumped back north to SCRWWfP. This repumplng Is inofficient and is a waste of
energy .
A new In-One booster type pumping station for the southeastern portion of the City is proposed
as a solution to abate odors and to reduce energy cost at the MLS. The odors win be eliminated
by the nature of the station (tetany enclosed), wastewater Is never exposed (to atmosphere), and
energy savings Is derived from the more efficlont pumps used typically in booster stations· and
the eUmination of dOUble pumping.
The new in-fine booster statton could be built at the northeastern corner of the Intersection of the
FEC Railway and N.E. 3rd Avenue. The existing 24-inch Influent force main from the MLS
Veterans Park site would then become the suction header with 11ft stations #1. 5, 7. 8, 17 and 18
and a new station #100A tying In. New station 100A is needed to pump the gravity collection
service area flow of the existing MLS into the header system.
Pa~ 1 of 2
4OS8Moo1.acA
Noffl YIIIX NY . Armonfl. NY . UP",T :3dIi~", RI,er, II! . 1\.:)1e.,¡r. NC ' Chartons, NC . RIC!lInon~, VA . flQliy"~.><Jd, fl . B-JC3 RJ"n fL . FM P",.". H. . JuplM.l~ . M~mi, A. ' 9<>¡¡it... DE. ColomDI1
.-
"
JAt,! 7 '92 5:01 FROM HAZEN SAWYER-BOC8 PAGE.Ø03
George Abou.Jaoude
January 7, 1992
In addition to the new MLS. flow from the northeastern portion of the City will be pumped to Uft
StatIon #11 which will become the northeastem regional station from whloh flow will be pumped
directly to the SO-Inch Influent force matn (booster station disoharge). To accomplish this Uft
StatIons #4 and #13 should combine In the existing 12-1nch foroemaln #11 (flow reversed) and
pump to the Influent of Uft Station #11 (see sohematic).
Tables 1 and 2 show present and proposed regional transmlsslO11 system modifications based
" on the early results of the hydraullo model presently being developed by Hazen and Sawyer. As
shown on these tabtes in addition to building a new MLS. rehablng Statton 11 and adding Station
100A will be requIred under the proposed In-line booster program. All other changes to the
various pump stations are necessary due to ohanglng flows regardless of options selected.
The proposed In-line booster station and rerouting of flows Is projected to save the City
approximately $100,000 to $200,000 per year depending on flows and pumps selected. These
savings will offset some of the capital cost associated wtth rehablng and replacing existing pumps,
Detailed cost ~stlmates and percent worth analysis will be presented In the final documents to
be $ubmitted to the City.
Paøe 2 of 2 IDIMWS aNVlWZVH
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-------- EXISTING FORCI MAIN
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GRAVITY IIAIN VVASTEVVATER SYSTEM
MASTER PLAN
HAzEN AND SAWYER MASTER LIFT STATION
EnVironMental Engineers .. Scientists EXISTING PLAN
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JAN 7 '82 5:02 FROM HAZEN SAWYER-BOCA PAGE.005
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o LS 1 ÐM... LFT aTATIOtII8 CITY OF DELRA Y BEACH
OU lœA ~ LFr ftATIOM WASTEWATER SYSTEM
MASTER PLAN
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EnvlronMnt.l £ngInHrs .. ~ntlri. PROPOSED UPGRADE
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PROFESSIONA INEERING CONSUL TANTS, INC.
~ VIA FAX
Dn-03/1.0
1-1.0
Mr, Witliam H. Greenwood, P,B.
Director of Environment.al Service
City of DClray Beach
434 South Swinton A venue
Delray Beach, Florida 33444
In-LiI '
Dear Mr. Greenwood:
As you requestctl, we have revised our prcHminary cost estimate. (attad1ed) for the in-Jine
\ booster master pump station project. Please note that the cost estimates for bolh the in-
line booster master station and the small submersible station have bc.cn significantly
reduced based on our conversation, Special features which have been deleted from the
in·line booster master station include sound block or double C.MU walls for the pump
room, hospital grade acolIstical panels for the generator room and a genera) reduction in
building size using a separate low ceiling building for the MCC and Gene.rator. The
estimate for the sma.Il submersible. station has been re.duccd base.d on a precast or cast·in~
place concrete option for the contractor. Also, the odor control building and relocation
of the existing odor control equipment have been completely deleted.
As a clarification, the cost estimate for the demolition of the existing master pump station
includes remova.l of the structure to three feet below grade.
Should ~'Oll have any questions regarding this estimate, please do not hesitate to contact
us.
I
\
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¡ Sincerely,
\
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
I
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\ Arthur R. Austin, P ,E, .
Manager, Environmental Dcparlmcnt
ARA/ak-WlO
Attachment
cc: Mr. David T. Harden, City Manager, City of De1ray Beach (via fax)
Mr. George Abou Jaoude, City of Delra)' Beach
(or)!}lneers
pl,l"f or.~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tM
SUBJECT: AGENDA ITEM # 9I - MEETING OF JANUARY 14, 1992
CHANGE ORDER NO. 1/ HAZEN AND SAWYER, P.C.
DATE: January 10, 1992
This is a change order which increases the contract price by $17,005
and increases the contract completion date by 4S days, for additional
engineering and CAD operator services necessary for resolution of
errors, conflicts and missing data contained on the City's Water
Atlas Autocad and Sewer Atlas Autocad drawing files.
This change order is necessary in order to complete the Wastewater
Transmission System Master Plan and Water Distribution System Master
Plan projects.
Additionally, staff is requesting authorization to transfer $6,810
from 1991 Water and Sewer Revenue Bond - Contingency (Account No.
447-6111-S81-90.11) in order to fully fund this project.
Recommend approval of transfer of $6,810 from the Water and Sewer
Revenue Bond- Contingency (Account No. 447-6111-S81-90.11) and
approval of Change Order No. 1 in the amount of $17,005 with funding
from 1991 Water and Sewer Revenue Bond Repair and Replacement
Sanitary Sewer Manholes - Engineering (Account No.
447-S169-S36-33.11) and Water and Sewer Renewal and Replacement Fund
Master Plan Update Water Distribution (Account No.
442-S178-S36-61.9S).
C¡;¡x~ 5-D
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,
Agenda Item No.:
AGENDA REQUEST
Date: 12/18/91
Request to be placed on:'
xx Regular Agenda Special Agenda Horkshop Agenda
When: January 14, 199"2..
Description of agenda item (who, what, where, how much) : Request City Commission
to approve Change Order No.1 for Hazen & Sawyer, P.C. for Wastewater Transmission System Master Plan $6,085.00
Project #91-16 and $10,920.00 for Water Distribution System Master Plan Project #91-17. These additional
fees were needed to comDlete our Base Atlas MaDs for water and sewer. Proiect #91-16 Fundin9 447-5169-536-33.11
Project #91-17 Fundinq 442-5178-536-61.95. Request budqet transfer from 447-6111-581-90.11 ($6.085) to
442-5178-536-61.78 ($725) to 442-5178-536-61.95.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Change Order No. 1 to Pro;ect #91-16
¡."
Department Head Signature: &/ø./J~ <;>- ---J .''',/18'/91 CÅ
Determination of Consistency with Comprehensive Plan:
"'!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite!!1s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO ~tç-~
Hold Until: ...../ "
Agenda Coordinator Review: , 1 D<öG ·~2ro
Received:
Action: Approved/Disapproved
!
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CITY OF DELRA Y BEACH
CHANGE ORDER
DATE: December 16. 1991
SERVICE AUTHORIZATION NO. 1A FOR CONSULTING SERVICES
CITY P.O. NO. 502422 CITY EXPENSE CODE: 442-5178-536-61.95
PROJECT NO. 91-17 (CITY) 4057 (HAZEN AND SAWYER. P.C.)
TiTlE: Water DlstribuUon Svstem Master Plan
I. CHANGE ORDER
The services provided under this change order are necessary tor the resolution of errors, conflicts
and missing data contained on the City's Water Atlas Autocad drawing flies provided by the City.
Resolution of the drawing files Is required In order to utilize the completed CIty-wide base map
for master plan modelling purposes and future Infrastructure maintenance management purposes.
II. SCOPE OF SERVICES
Provide 180 hours of additional engineering and CAD operator services.
III. BUDGET ESTIMATE OF SERVICES
The estimate for services provided under this change order Is 180 hours tor a total increase In
cost of $ 10,920 Including reimbursable expenses.
IV. COMPLETION DATE
To complete the additional work described herein, the completion date of the service authorization
shall be Increased by 45 days (1 1/2 months).
! 1('
4057C002.BCA
1
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.
- ' .
APPROVED BY THE CITY HAZEN AND SAWYER, P.C.
OF DELRAY BEACH
- DAY OF By
CITY OF DELRAY BEACH, a
municipal corporation of
the State of Flortda ATTEST:
By: BEFORE ME, the fo
16th day of
acknowledged by Gary rs, Vice
ATTEST: President on behalf of the Corporation and
said person executed the same free and
By: voluntarily for the purpose therein expressed.
City Clerk
APPROVED AS TO FORM:
By: WI1NESS my hand and seal in the County and
City Attorney State aforesaid this I~ day of l>e<t . ,
1991.
~PUbU~~
State of Flori
My Commission )res:
NOTARY PUBLIC STATE Uf FLORIDA
MY COMMISSION EXF, JAN. 9.1995
(Seal) BONDED THRU GENERAl INS. UNO.
4057C002.BCA
2
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CITY OF DELRA Y BEACH
CHANGE ORDER
DATE: December 16, 1991
SERVICE AUTHORIZATION NO. 2A FOR CONSULTING SERVICES
CITY P.O. NO. 502387 CITY EXPENSE CODE: 447-5169-536-33.11
PROJECT NO. 91-16 (CITY) 4058 (HAZEN AND SAWYER, P.C.)
TITLE: Wastewater Transmission Svstern Master Plan
I. CHANGE ORDER
The services provided under this change order af8 necessary for the resolution of errors, conflicts
and missing data contained on the City's Sewer Atlas Autocad drawing flies provided by the City.
Resolution of the drawing files Is f8qull8d In order to utlUze the completed City-wide base map
for master plan modelling purposes and futuf8lnfrastructure maintenance management purposes.
II. SCOPE OF SERVICES
Provide 100 hours of additional engineering and CAD operator services.
III. BUDGET ESTIMATE OF SERVICES
The estimate for services provided under this change order Is 100 hours for a totallncf88Se In
cost of $ 6,085 Including reimbursable expenses.
IV. COMPLETION DATE
To complete the additional work described herein, the completion date of the service authortzatlon
shall be Increased by 45 days (1 1/2 months).
4OS80002.BCA
1
'. 1·'1
- .-
APPROVED BY THE CITY HAZEN AND SAWYER, P.C.
OF DELRAY BEACH
_ DAY OF By
CITY OF DELRAY BEACH, a
municipal corporation of
the State of florida ATTEST:
By: BEFORE ME, the foregoing In
16th day of December 1991, as
acknowledged by Gary W. Bors, Vice
ATTEST: President on behalf of the Corporation and
said person executed the same free and
By: voluntarily for the purpose therein expressed.
City Cieri<
APPROVED AS TO FORM:
By: WITNESS my hand and seal In the County and
City Attorney State aforesaid this / & day of h ~. .
1991.
NOT~RY PUBlíC STATE OF FLORIDA
Notary Pubßc "'Y COMMISSION UP, JAIL 9, '995
State of Florida BONDED THRU GENERAL INS. UNO.
(Seal)
4058C002.BCA
2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tlì'vÎ
SUBJECT: AGENDA ITEM # CfK - MEETING OF JANUARY 14, 1992
CHANGE ORDER NO. 1/ALTAIR MAINTENANCE SERVICES, INC.
DATE: January 10, 1992
This is a change order to the contract with Altair Maintenance
Services, Inc. in an amount not to exceed $29,000 for additional
services to conduct flow isolation measurements and chloride sampling
in lift station basins #1, 8, 17, 18 and 32.
This change order is necessary to determine the priority of repair in
rehabilitating the sanitary sewer system. The testing will be
performed at night when the domestic usage is at an absolute
minimum. There is also a high tide stipulation which ensures that
the chloride samples are taken at a time when salt water infiltration
into the sewer system is at it's peak. The results of these
readings, in addition to the closed circuit television inspections,
will allow us to more quickly concentrate our efforts on those
portions of sanitary systems with the greatest problems.
Recommend approval of Change Order No. 1 in an amount not to exceed
$29,000 with funding from Water and Sewer Renewal and Replacement
Manhole Rehabilitation (Account No. 442-S178-S36-61.84).
~~ Jf-o
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Agenda Item No.:
AGENDA REOUEST
Request to be plac«7d on: Date: 12/10/91
X Regular Agenda ____Special Agenda ____workshop Agenda
When: 1/14/92
Description of agenda item (who, what, where, how much)
Inflow/Infiltration Program; Repair, Rehabilitation and Rep'lacement of Sanitary s;;;,:-;
and Manholes. It is requested that Commission approve Change Order #1 to Project
#91-~2, in the amount of $29,000.00 to allow Altair Maintenance Services, Inc. to
conduct flow isolation measurements and chloride sampling in lift station basins #1,
8, 17, 18 and 32. Funding source 442-5178-53£-61.84.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order #1 to Project
No. 91-12 in an amount not to exceed $29,000.
Department Head Signature: ø&- (¡/.J n..~ </¿ift.
Determinationot Consis,tency with, Comprehensive Plån::
City·A.ttorn~y 'Review/Rècommendation (if applicable} ",
.Budget Director Review (required on all items involving
'expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO (~
Hold until: LS;?·
Agenda Coordinator Review:
,
Received:
Action:
Approved/Disapproved
..
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MEMORANDUM
To: David T. Harden, City Manager
From: Joe Lontos, utility Inspecto~~
Ii .'
Subject: Justification for Nighttime Flow
Measurements and chloride Sampling
Project No. 91-12
Funding Source - 447-5169-536-60.31
Date: January 6, 1992
Change Order Number One to project 91-12 is a request for
approval of sewage flow measurements and chloride sampling
in the five lift station basins that are giving us problems.
Flow measurements and chloride sampling are carried on
concurrently to determine which part of the systems require
immediate attention and which part can be deferred to a
later time, when more funds will be available.
In order for infiltration flow measurements to be
accurate, they must be taken during a time period when
domestic usage is at an absolute minimum. This is to avoid
confusing domestic sewage with actual groundwater
infiltration of the sewage system. The period between
midnight and 5:00 A.M. is the time when most people are
asleep and few are flushing toilets, taking showers,
cooking, etc. . Since this system is in the coastal area, the
water table and, in turn, the hydraulic pressure against the
sewer pipes is greatest at high tide, causing the greatest
amount of infiltration.
Chloride sampling is done to determine the quantities of
chlorides infiltrating the sewage system. High chloride
levels create problems with treatment of sewage at the
regional treatment plant and prevent reuse of otherwise
reusable treatment plant effluent.
Conducting the flow measurement and chloride sampling,
requested in Change Order #1, will enable us to prioritize
and schedule rehabilitation to get maximum reduction of
infiltration with the funds available.
cc: William H. Greenwood, Director of Environmental
Services
Ralph Hayden, City Engineer
Howard Wight, Construct in Manager
File:91-12d, Memos to City Manager
,. ,-,',
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CHANGE ORDER #1
PROJECT NUMBER 91-12
SANITARY SEWER FLOW ISOLATION MEASUREMENTS
These measurements will be taken by use of weir readings in
the manholes in lift station basins #1, 8, 17, 18 and 32,
between midnight and 5:00 a.m., during high tide.
The reason for the late hour is to take the measurements
during the hours when domestic usage is at an absolute
minimum. The high tide stipulation is to insure that the
chloride samples are taken at a time when salt water
infiltration into the sewer system is at it's peak.
The results of these readings, in addition to the closed
circuit television inspections now being conducted, will
allow us to more quickly concentrate our efforts on those
portions of the sanitary system with the greatest problems.
File: HWCHOI06.MRM - Project No. 91-12
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Ir Sewer Maintenance I Concrete R,storation" éH ,. , "1' ,-,
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maintenance services, inc. 91 DEC-S P:¡ 2: II
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December 6, 1991 ¡ \; ~.,: ,-~j ..., ~ t':: ..~ ~j
Mr. Joseph Lontos, Utility Inspector
City of Delray Beach, Florida
Environmental Services Department
434 South Swinton Avenue
Delray Beach, Florida 33444
Re: Project Number 91-12
Infiltration/Inflow Program; Sanitary Sewers and Manholes
Change Order Number 1 (Revised Price Breakdown)
Sanitary Sewer Flow Isolation
Dear Mr. Lontos:
Enclosed as per your letter request dated November 21, 1991 is
the revised price breakdown for conducting sanitary sewer flow
isolation as outlined in my original change order request
(attached) dated September 26, 1991.
The unit price shown includes all necessary labor, equipment and
engineering to provide the following:
1. Night time (high tide) flow isolation measurements for
approximately 97,414 linear feet of sanitary sewer.
(approximately 372 locations)
2. Grab samples of sewerage flow as directed by the City.
Samples will be delivered to the laboratory at the City's
wastewater treatment plant for analysis. The City will
provide all necessary sample bottles.
3. Altair will provide a computerized printout of all flow
measurements taken with flow converted to an infiltration
rate expressed in gallons per day per inch mile of sewer
(gpdim) . Line sections will be tabulated and prioritized
listing those lines with the most gpdim to the least gpdim.
If you should have any further questions concerning the enclosed
information, please feel free to contact me directly.
Very truly yours,
~;:;NTENANCE SERVICES, INC.
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Robert L. Rothenberg
Vice President, General Manager
rlr/enc.
710 S, MILWEE STREET. P,O, BOX 521146 . LONGWOOD, FL 32752-1146 . PHONE (407) 339-7134
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,Altair maintenance .ervlce., Inc.
CHANGE ORDER NUMBER 1
City of Delray Beach, Florida
Project Number 91-12
Infiltration/Inflow Program
Revised Price Breakdown
Sanitary Sewer Flow Isolation
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Linear Feet of Sanitary Sewer in Study Areas 97,414 LF
Average Distance Between Manholes 262 LF
Estimated Number of Flow Measurements 372 Ea
(With Sewer Flow Grab Sampling)
Unit Cost Per Measurement $ 70.00/Each
TOTAL CHANGE ORDER REQUEST
372 Flow Measurements @ $ 70.00jEach $ 26,040.00
Present Contract Value $ 123,613.04
Revised Contract Value
With Change Order Number 1 $ 149,653.04
Revision Dated: December 6, 1991
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CHANGE ORDER
No. 1
Date: December 16, 1991
Project No. 91-12
Project Name: Inflow/Infiltration Program; Repair,
Rehabilitation and Replacement of Sanitary
Sewers and Manholes
Owner: City of Delray Beach, Florida
Contractor: Altair Maintenance services, Inc.
Contract Date: August 14, 1991
To: Mr. Robert L. Rothenberg, Contractor
You are directed to make the following changes in the
subject contract:
1. Conduct flow isolation measurements in approximately
412 manholes in Systems #1, 8, 17, 18 and 32. Such
measurements to be accomplished between midnight and
5:00 a.m., and within a two-hour span of peak high
tide. Provide the city with a computerized printout of
all flow measurements taken, with flow converted to an
infiltration rate expressed in gallons per day per inch
mile of sewer (gpdim).
2. In conjunction with said flow measurements, collect
grab samples of sewage flow, in bottles provided by the
City, and deliver them to the laboratory at the City's
Water Treatment Plant at 200 S.W. 6th Street, on the
same day they are collected.
3. Measurements and samples shall be accomplished in the
fol1owing priority order:
1. System 18
2. System 8
3. System 32
4. system 17
5. System 1
The reason for the change is as follows:
To provide information that will determine a priority of
repair in rehabilitating sanitary sewer systems.
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Change Order No. 1
Project No. 91-12
Page 2
The contract price and contract time shall be adjusted
because of such changes as follows:
A. Contract price
1. Contract price prior to this change order.
$123,613.04
2. Net increase resulting from the change order.
412 Manhole X $ 70.00/Ea = $ 28,840.00
3 . Current contract price including this change
, order.
$152,453.04
B. Contract time
1. contract time prior to this change order: 365 days
2. Net increase resulting from this change order: 0
3. Current contract time including this change order:
365 days
City of Delray Beach, Florida, OWNER
By:
Attest:
city Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above change are accepted on , 19 . I
understand that all the provisions of the Contract Document
related to Project No. 91-12 which are not inconsistent with
the terms of the Change Order shall remain in effect and
apply to all work undertaken pursuant to this change order.
witness:
, CONTRACTOR
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By:
As to Contractor Title
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
(1) (I
FROM: CITY MANAGER /V:
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SUBJECT: AGENDA ITEM # 1L - MEETING OF JANUARY 14, 1992
APPOINTMENTS TO THE NEIGHBORHOODS TASK FORCE
DATE: January 10, 1992
At the December 10, 1991 regular meeting, the Commission approved
Resolution No. 102-91 which expanded the membership and scope of
service of the Neighborhoods Task Force. This item is now being
brought before you to make the subsequent appointments.
Thirty eight (38) homeowners associations were contacted as were
several business leaders. We received responses from 14 homeowners
associations and five citizens at large requested by telephone that
their names be submitted for consideration.
Staff has prepared a list of current members and the neighborhoods
they represent, Those individuals who had poor attendance records
and those whose services were no longer required or essential have
been omitted. Therefore, the current list consists of 14 members.
Staff is recommending that the Commission appoint a total of 11
additional members i seven members from the list of new appointment
requests and four from the list of other persons requesting
appointment.
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, Agenda Item No.:
AGENDA REQUEST
Date: 1/8/92
Request to be placed on:'
X
Regular Agenda Special Agenda Workshop Agenda
When: 1/14/92
Description of agenda item (who, what, wher~, how much):
Appointment of 11 Members to the Neighborhooa Task earn
ORDINANCE/ RESOLUTION REQUIRED: 'lESe Draft Attached: YES/NO
Recommendation: Commission Action
Department Head Signature: ~~A~¿ ~
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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: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: !ji/ No{M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTL~
RE: CONSIDERATION OF APPOINTMENTS TO THE NEIGHBORHOOD TASK TEAM
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DATE: JANUARY 7, 1992
ITEM BEFORE THE CITY COMMISSION:
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Consideration of formal appointment of 11 members to the Neighborhood
Task Team pursuant to Resolution #102-91, expanding the
responsibilities, establishing a maximum number of members and setting
a sunset date of July 31, 1992 for development of recommendations for
Commission consideration.
BACKGROUND:
The City Commission approved Resolution #102-91, which provides for a
new subsection for additional responsibilities to the Neighborhood
Task Team. The Commission determined that recommendations that would
be forthcoming would have City-wide impacts and therefore, it would be
advantageous to have representation from all parts of the City for the
review and consideration of revisions to the Code of Ordinances and
the approval of new codes directed at improving the quality of life in
Delray Beach. Staff was asked to solicit persons interested in
serving on the Task Team via homeowners associations and business
leaders. The attached list represents the response from invitations
provided by staff and Commission.
In summary, thirty-eight (38) homeowners associations were contacted,
fourteen (14) of the 38 responded, five (S) citizens at large
requested by telephone that their names be submitted for Commission
consideration. We have provided a list of current members and the
neighborhood they represent for your reference. The revised list of
current members eliminates former appointees that had poor attendance
records and those who's service was no longer required or essential
for the current task. Therefore, the current list consists of
fourteen (14) members.
RECOMMENDATION:
We would recommend City Commission consideration of eleven (11) new
appointments to the Neighborhood Task Team. Staff would recommend that
the Commission select seven (7) members from the first group since the
majority represent developments west of I-9S and appoint four (4)
persons designated in the second list.
LB:DQ
Attachment D12 NTT.Mbr
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Neighborhood Task Team
January 7, 1992
NEIGHBORHOOD TASK TEAM .:. APPOINTMENT REQUESTS
1. Sandra Almy 8. Leo Lowenberg
Beach Property Owner's Asso. High Point Asso - Sec. 7
2. Gerald DeFoe 9 . Robert N. Heller
Country Manors Asso. Pines of Delray West Asso.
3. Eric Zajo 10. Ann Ford
Del Ida Homeowners Asso. Sabal Pines Condominiums, Inc.
4. Alice Finst 1l. Marianne Cain
Homeowners League of Chatelaine Shadywoods Homeowners Asso.
s. Saul Weinberger 12. Marion L. Spanroff
De1-Aire Property Owners Town and Country Estates
6. Dorian Beck Trauger 13. Edward Martin
Fairways of Delray Villas of Rainberry Lakes
7. Helen Coopersmith 14. Richard Eckerle
High Point of Delray - Sec. IV Woodlake Homeowners Asso.
OTHERS PERSONS REQUESTING APPOINTMENT
1. David Henninger
Van Comfortemp Air Conditioning Co.
2. Rosalind Murray
WAPOA
3. Lillian Feldman
Pines of Delray (not representing association)
4. Daisey Fulton
Interested Citizen
s. Suzette Franklin
Allamanda Gardens
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NEIGHBORHOOD TASK TEAM
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Jean Beer
94S Tropic Blvd.
Delray Beach, FL 33483
272-4231
Planning and Zoning Bd
June Carr
110 Wilson Avenue
Delray Beach, FL 33483
272-7023
Area 10 (Silver Terrace)
J. Pierre-Paul Cadet
702 W. Atlantic Avenue
Delray Beach, FL 33444
276-3000
Haitian Chamber of Commerce
Eather Mae Collins
S19 SW 6th Street
Delray Beach, FL 33444
278-2887
Area 4 (SW, CD Target Area)
Deborah Dowd
7 NE 16th Court
Delray Beach, FL 33483.
241-2260
Area 3 (NE area, north of 8th St)
Wanda Gadson
30S SW 9th Street
Delray Beach, FL 33444
265-3318
Area 1 (SW area, CRA)
William Harris
331 NE 8th Avenue
Delray Beach, FL 33444
278-49S2
Area 9 (Del-Ida area)
Deanna Hartman
247S Sundy Avenue
De1ray Beach, FL 33444
272-0786
Area 11 (SE area)
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Neighborhoods Task Team
Page 2
Frank McKinny
248 NE 1st Avenue
Delray Beach, FL 33444
274-9696
Bankers Row
Joann Peart
107 NW 9th Street
Delray Beach, FL 33444
276-8968
Historic District
Dick Shermeta
Chamber of Commerce
101 SE 6th Avenue
Delray Beach, FL 33483
276-7300
Chris Brown
Community Redevelopment Agency
1 SE 4th Ave, Suite 204
Delray B+ach, FL 33483
276-8640
Elijah Weatherspoon
WAPOA
209 SW 2nd Street
Delray Beach, FL 33444
278-4240
Steve Wexel
2710 Florida Blvd.
Delray Beach, FL 33483
272-2710
Area 16 (SE area)
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APPOINTMENTS TO NEIGHBORHOODS TASK FORCE
By Delray Beach City Commission
January 14, 1992
(1) Sandra Almy
Beach Property Owners Association
(appointed by Mr. Mouw)
(2 ) Gerald DeFoe
Country Manors Association
(appointed by Dr. Alperin)
(3) Lorraine Kasper
(appointed by Mr. Andrews) .
(4 ) Lillian Feldman
pines of De1ray (not representing association)
(appointed by Mr. Randolph)
(5 ) Richard Eckerle
Woodlake Homeowners Association
(appointed by Mayor Lynch)
(6) Daisey Fulton
Interested Citizen
(appointed by Mr. Mouw)
(7 ) Marianne Cain
Shadywoods Homeowners Association
(appointed by Dr. Alperin)
(8 ) Alexandra Spear (I am not sure of the spelling)
(appointed by Mr. Andrews)
( 9 ) Rosalind Murray
WAPOA
(appointed by Mr. Randolph)
(10) Dorian Beck Trauger
Fairways of Delray
(appointed by Mayor Lynch)
( 11) David Henninger
Van Confortemp Air Conditioning Co.
(appointed by Mr. Mouw)
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The following were appointed as alternate members:
(1) Saul Weinberger
Del-Aire Property Owners
(appointed by Dr. Alperin)
(2 ) Ann Fulton
(appointed by Mr. Andrews)
(3) Robert N. Heller
Pines of Delray West Assn.
(appointed by Mr. Randolph)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER frM
SUBJECT: AGENDA ITEM # ~Y\ - MEETING OF JANUARY 14, 1992
TENNIS COURT LIGHTING
DATE: January 10, 1992
At the December 10, 1991 regular meeting the Commission acted on the
bid awards for the Tennis Court Lighting project. At that time staff
had recommended that the bid be awarded to American Lighting
Maintenance (not the low bidder) . Subsequently, the Commission
approved the award of bid to Ledbetter Electric Inc.
At the January 7, 1992 special/workshop meeting the Commission acted
on a request for waiver from Ledbetter Electric Inc. as they were
unable to obtain bonding. As a bid protest had been received from
Power Associates, Inc. , the Commission did not grant the waiver.
Based on additional review and analysis, staff is requesting that the
Commission void the bid award to Ledbetter Electric due to their
inability to obtain bonding, and to award the bid to American
Lighting Maintenance. A detai led staff report is attached as backup
material for this item.
The City Attorney's office is currently reviewing the protest. A
memorandum will be provided detailing their findings prior to your
Tuesday evening meeting. However, staff does not feel that there is
any validity to the protest as the documentation required to
substantiate the protest was not provided.
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EITY DF DELRRY HEREM
100 N.W. 1st AVENUE . DELRAYBEACH,FLORIDA33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~_-Robert A. Barcinski, Assistant City Manager /
~ Administrative Services
SUBJECT: Tennis Court Lighting, January 14, 1992
Regular Commission Meeting
DATE: January 10, 1992
ACTION REQUESTED
Based on additional review and analysis, staff is requesting
that City Commission void the bid award to Ledbetter Electric
due to their inability to obtain bonding, and to award the bid
to American Lighting Maintenance in the amount of $67,670.00.
BACKGROUND
I have met with David Tolces, Rob Taylor, Ted Glas, and Daniel
E. Thompson, P.E., the engineer for the Tennis Center lighting
project. We reviewed the bid protest from The Power
Associates, Inc., bid submittal and bond requirements, and the
bid documents. Staff does not feel that there is any validity
to the bid protest. Documentation required to evaluate the
bid was not submitted. Attached is a copy of the bid protest
information and the bid specification section dealing with
submittals. A performance bond was required in the bid
specifications. I am confident, after discussions with our
Purchasing Officer, that he did not indicate to any of the
vendors that the bid would be awarded without the bonding
requirements. Ledbetter Electric cannot obtain the required
bonding. This is not a reflection on their capability or past
performance. They have always performed satisfactorily on past
jobs.
Approximately four to five years ago, staff made a proposal to
City Commission to allow administration to waive bond
requirements on projects under $100,000. The waiver would
have been built in to the specifications up front. That
proposal was rejected by the Commission. They preferred to
address the bond waiver on a case-by-case basis. We will
proceed to re-evaluate this proposal with the City Commission
if they wish.
THE EFFORT ALWAYS MATTERS
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TENNIS COURT LIGHTING
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RECOMMENDATION
Based on our review, staff recommends we void the contract
award to Ledbetter Electric and award the bid to American
Lighting Maintenance in the amount of $67,670.00 with funding
to come from account code 333-4145-572-60.69. Attached are
recommendation memos from Rob Taylor and David Tolces.
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Attachments
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JAN-10-'92 FRI 17:23 ID:D~LRAY ~NV. SERVICES TEL NO:407-243-7060 t:t851 P02 ---_. --....,
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ENVXRONMENTAL SERVICES DEPARTMENT -
ENGINEERING DEPARTMENT
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MEMORANDUM
TOI BOB IU\R.CINSKI
ASSISTANT CITY MANAGER
!'ROMI ROB TAY¡:'OR., P.E. ßß~
ASBXSTANT CITY BNGINEER
DATE I JAlW'ARY 10, 1992
SUBJECT: TBNNIS COURT LIGHTING BIDS
At the request of the Purchasing Department I have reviewed
the bid specs and bid packages received regarding the above
referenced project. The following are my comments regarding
each of the bids and my reoommendations.
1. Edwards Electric - Agree with staff that the bidder
was non-responsive.
2. Power Associates - Agree with staff that the bidder
was non-responsive.
3. Ledbetter Electirc- Responsive bid, question ability to
meet lighting requirements of
specs. Further specific testinq
required to satisfy Thompson
Engineering Consultants (TEC).
4. American Lighting
Maintenance
(ALM) - Responsive bid, meets all lighting
requirements of specs.
Recommendations:
Either approve ALM based on bid packages received
or have Thompson Engineering Consultants (TEC)
and/or Ledbetter justify that the GE system will
meet the lighting specs. Major issue is if the
88,700 initial lumens and 9 fewer fixtures of the
GE system provide the same lighting (foot candles)
as the system required in the specs. The best
person to evaluate this is Daniel Thompson.
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JAN-10-'92 FRI.17:24 ID:DfiLRAY 6NV. SERVICES TEL NO:407-243-7060 1:1851 P03 -'~",-_.'.
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Bob Barcinski
Assistant city Manager
January 10, 1992
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Also, the inability of Ledbetter to obtain a performance
bond must be considered since the bond is a requirement of
the bid specs.
RT:kt
RTBBJ10.kt
cc: Ted Glas, Purchasing Director
Ralph Hayden, city Engineer
Interoffice Memos: Memos to Bob Barcinski
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~~.'- ~ ~ ~ TOOMPSONENGU<EE;;;;CONSmTANTS
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December 19. 1991 Jt~~~tIDJ
City of Delray Beach
100 N.W. 1st Avenue AOMiNISTI?ATIVI: Sf.RVICES
Delray Beach. Florida 33444
Attn: Mr. Ted Glas, Purchasing Officer
Re: Lighting of Municipal Tennis Courts
Power Associates Protest
Dear Ted:
In response to your request, I can make the following
comments:
1. No "Extra sheet" was attached to the copy of the bid
reviewed by me.
2. The bid did not. comply with the section of t.he
specification :!IEM§ IQ ªg §ºªM!!IEQ ~!Itl ªlº:~ The
first. sent.enceslates; "Failure t.o provide any of lhe
, ,following information will be grounds for reject.ion of
the bid." Item 1. asks for a layout drawing only if
different from design layout. It does also say, under
Item 1. the contractor should state that. the bid is based
on "Hubbell". This does nol mean, nor does it say, that
the other listed ilems (2 through 12) need not be
submitt.ed.
Further. the first paragraph states each item shall be
clearly identified so it can be easily read and leltered
. . . . "t.o correspond with lhe following list....
3 . The contractor called my office (not the person slgning
the prot.est letter) and questioned what. was to be
provid~d with t.he bid. I explained that all of the legal
information plus what was asked for under "It.ems To Be
Submitted wit.h Bid", was to be included.
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~6 SEABREEZE AVENUE, SUITE 202 DELRA Y BEACH, FLORIDA 33483
407) 274-0200 t=:AV. '."'-'- --.. ----
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4. My opinion is t.hat. t.he Contractor was treated fairly.
All t.he information was given to each contractor.
Unfortunately, two of the bids came back lncomplete. I
believe it would be unfalr to those bidders that could
read the specifica.tions and follow directlons to do
anything other than what was done.
If you have any questions concerning this matter or if I ca.n
be of further assista.nce, plea.se ca.ll.
Yours truly.
;tJtøW!GI
Daniel E. Thompson.
DET/bb
Encl.
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cc: Mr-. Joe Weldon
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M E M 0 RAN DUM
TO: Robert A. Barcinski, Assistant City Managerl
Administrative Services
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FROM: Ted Glas, Purchasing Officer ~;y
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DATE: December 18, 1991
SUBJECT: BID PROTEST
Attached is copy of faxed letter of protest for bid on
tennis court lights.
By this memo, the Purchasing Officer is requesting Thompson
& Associates to review the protest letter and to submit a
written response for the record.
It needs to be noted that the bid submitted by "The Powe r
Associates, Inc. " is not as stated in their protest letter.
, No extra sheet was attached as stated. However, their bid
form does state at the bottom, .. As specified manufactures ..
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Attachment
Bid Protest Letter
pc Jeffrey Kurtz ,lL
Joe Weldon
Dan Thompson j¡q,j) 1J1(2 ai0.4 ~ ~ ~v-fcÞ
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. . THE PO¡"JEF: A:::;;:30C. :=: 1 3:=:430(:.22
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'I1ie Power J'Lssociates Inc.
C.Ð. '.Butsc/í. Inc. · Loft 'Efectric. Int.
'Lkctri/:Qlf£~ Ct1tfSt11Ution MA~
December 16, 1991
City of Delray Beach
100 N. W . 1st Ave.
Delray Beach. FI 33444
"To Be For'Warded Certified"
Attn: Mr. Ted Glas. Furchasing Officer
RE: Lighting of Municipal Tennis Courts
Bid //91-54 "Re-Bid"
Subject: Formal Protest
Gentlemen.
As you are aware we bid this project during the 1st go around and again
at your direction on 11-21-91. We took the time to evaluate the specified
manufacturer and to review this specified design with the manufacturer's
representative. We called the Engineer, Mr. Thompson, and told him we were
submitting on the specified design.
We again included this option in our bid by including one page of the
specific.ations, "Noting this specified manufactU1:er." and signing and dating
this note, It is not our intention to cause delay or difficulty but we must
protest the award.
"We state for the record"
A. The engineer listed in the specification and on the drawing that his
design was based on Hubble Lighting. We noted in our bid that 'We were
as specified Hubble. (see attached partial bid document)
B. The lower or 1st bidder did not specify anyone.
C. The third bidder proposed a manufacturer that was not the one the design
was based on.
D. The city will have a purchased and/or equal manufacturer at a higher price
than the specified manufacturer.
E. We state for the record that we have not been treated fairly and ask you
to recind your award and revaluate this bid based on this letter.
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As a women owned business it is difficult enough in this eçonomy
to do public work and get a fair evaluation and we request you review
this w~th city council and find in our favor. In any event I thànk you
for the opportunity to be on your bidders list.
! await your response,
~spectful1Y'~
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Carole A. Lott
c/c Contracting File
D. Martin Esquire
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1m!! It! B~ l!ml.li~t ~11!' Ill!;! , ~.I ¡¡ :i! II I,:
F'ø.tluro ltj þ"ö~id' It" at lh. tollö1tihg ih~ott".litt" *ill'! hC!t ,:"
gröuhdø Cot t"tþj'l!ltðft øt lh. bid. fuu~h H.tlt\ litl.d b.lðit .hAlt b. I I
þrovid@d 1ft lhtJ retl et el"t '''hdtottci~ê 'l"l~1h.ttl. I.hd/ðt' þlt.ht "/
ø.nd dra.wingg irhteh ea.1t h. ....ily têll.d Ahd clèf1t'ly" ihl4ttpttltd. í,
EÐ.ch iteM Ihäl1 bt ~ll'tly lèllot@d to cOrhtèpOhd ttit.h lhè 'I
[0110,,1119 tilL Il... Ihill bè bound in lht o,~d.t ihcHetlèd ifilh I"
Ind9x pto~id.d. .'" I ~ .
., ,
411 'i' , . ..:, 11 .
1. Lt\youl dtA.vU\Ot" ÖV.'lll I"YÖU~l dttlOh l.hClllnólUllllltÜ( ¡I ,;11
qU8.tÜ1ly. ..lid leuHlthO hlt.Uhl.. ~vid' lh t fhtðtltiliðh ~ . ,
it dirrltt"lltO lht ~MJl...~t 181C1h 1,y~\»)t lij] II ),....d
0tl. l1it de.igfid,.,vTh t' .J.Þ"i dtel.l i!l ~~. t1ö.igt1 '
1 "youl i. b,.leI ftit u b.ll:~". ß, d /s 6 I ~-<1 0 ^--' >'-it ~ fN?,r-. ,
2. Aimthg tJta\tthOt." LU"lt,.t.... tlhnihg þölhl I pltlh thOiflh beu.
þoihl. tlrid tlfl_ale.. tyþt..i 'I I
I' ,. ,.. .' , ' ,
. , ~, . t I I f
L~ð"1'fð -. .:,I/~.~.'I·fi.j\i:, I' ~ß '/I/-t l~t¡{j~:' ¡; )"~f'I' !
.. ii,"" i· '11" II,· i
I 'I· ~ " f , 1 ,! :'.
. , ,\' " !I I I ' 'r ,,1: I. ,~
..-.._...d,. ........ ~.' , ,: ~;. _..........,..H~~"+4Hl "WH4U.I~t 4.. ..II~' ,~! '
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§!:!Qe º~~.!.~º§
Submit shop drawings or fully descriptive catalog data in
conformance with the general conditions, for items of material or
equipment. supplied under this contract..
Shop drawings must be approved prior to purchase of equipment..
[j §Ib@bBQ§
NFPA National Fire Protection Association
f~ USAS United States of America Standards In.stitute
ASTM American Society for Testing and Materials
NEC National Electrical Code
~ NEMA National Electrical Manufactures Association
UL Underwriters Laboratory
SBC Standard Building Code
0 ~.!.~~IIQ~ Qf §1J];
. .
i-t
Contractor shall visit site and carefully examine existing
i conditions, shall include in his bid costs which are incurred
through limitations of existing conditions.
J ÇQTIIMº Mill eAIçBIMº
Cutting and patching required for work in this contract shall be
at the expense of the Electrical Contractor. All cutting and
[J patching of existing work for the work installed under this
section shall be by this contractor.
Q j( ImM§ IQ ª!f §ºªMITmQ H1IH ªlº
¡
Failure to provide any of the following information will be
~ grounds for rejection of the bid. each item listed below shall be
provided in t.he form of clear 'and concise st.at.ements and/or plans
and drawings which can be easily read and clearly interpreted.
Each it.em shall be clearly lettered to correspond with the
fJ following list.. It.ems shall be bound in the order indicat.ed wit.h
_3 index provided.
0 1. Layout drawing: Overall layout design showing luminaire
quantity, and mounting heights. Provide this information only
if different from the contract design layout. If bid is based
U on t.he design drawings so indicat.e in t.his sect.ion. Design
layout. is based on "Hubbell".
.-
2. Aiming Drawing: Luminaire aiming point plan showing focus
~ - n.po.int.s and ref lector t.ypes.
~
,.
SECTION 16010 -2 ELECTRICAL SYSTEMS, GENERAL PROVISIONS
0
'.
"
n
I (
Fl
I ¡
I. .¡
fl
I ! Luminaire Assembly Drawing: If submittal is made on luminaire
1J. 3.
assembly 4, complete drawing of luminaire assembly and
: ì attachment to the pole. Drawing shall show size, strength,
t. j type of material. coating of all components. and hardware to
meet the following:
¡-l
I· a. Entire assembly shall be capable of withstanding forces
L.J equal to 125 MPH wind levels with a 1.3 gust factor with
out structural damage or misalignment of the luminaires
~ on the pole.
.'.:',"
Wind Load Engineer's Certification - Certified engineer.
~ independent of manufacturer, shall certify, based on
:.ì structural calculations that luminaire assembly will
meet or exceed structural strength as described above.
D b. All component surfaces of the completed assembly,
"'
except for the reflector, hardware and fasteners,
shall be coated with hot dipped galvanized ASTM A-
'~ 123. All hardware and fasteners shall be of an
'. approved corrosion resistant material or coating.
I c. A removeable lens with silicone gasket shall be
J attached to the reflector and shall be impact and
thermal resistant glass.- The. lens rïm shall be
n stainless steel and shall be attached to the
reflector with hinged cable or chain.
I .'
L1
d. The manufacturer shall provide a mechanical
fl positioning device for each luminaire on the
assembly which device shall be set at the factory
by the manufacturer based upon computer calculated
fj aiming information such that each assembly is
r delivered to t.he job sit.e as one composit.e light
t:.. The device shall provide positions for the
source.
init.ial installat.ion and' provide for repositioning
of the aiming after relamping. The manufacturer
shall also supply drawings showing the aiming point.
locations of each luminaire.
U 4. Computer Models - Field Light Values
U a. Manufacturer shall submit a computer derived
lighting scan, with spill/glare control showing
point by point foot candle levels on the playing ,-
surface, maximum to minimum ratio, number of
D - .~. luminaires and initial lamp lumens of 110.000
lumens per lamp, with appropriate tilt factor and
0.80 maintenance factor. Scan shall show 3 courts
fJ illuminated only, without practice wall or security
0 SECTION 16010 -3 ELECTRICAL SYSTEMS. GENERAL PROVISIONS
"
n
n
, , shall show horizontal illumination
; I lights. Scan
1 j levels at 36" above surface for the entire 3 court
area. an area approximately 120' x 170' consisting
n of 204 (min. ) locations overall, equally spaced on
,
, , a 10 ft. x 10 ft. grid.
b. Manufacturer is to submit with t.his computer
I : derived lighting scan, information on t.he number
. ~ J
and type of fixt.ures being used and kilowatt
consumption for the lighting system.
5. Computer Models - Extended Scans
0 Manufacturer shall furnish system to limit spill light,
while maintaining the specified minimum court footcandle
requirements.
B a. A computer printout shall be provided showing
vertical footcandles along the west property line,
[J at 65' from existing west court fence. The valves
shall be calculated every 10 feet horizontally, 3'
above the ground. Maximum footcandle shall be 6.0.
g 6. Equipment Model, Numbers- Written statement of model
number and manufacturer for all equipment bid. Submit a
packet of descriptive literature on all equipment bid,
1 as well as drawings and specifications of the luminaire
assembly.
7. Luminaire Assembly Warranty - Written warranty from the
:l manufacturer covering luminaire assembly and equipment
i I
t-_J replacement policy.
Q 8. Aiming Alignment Warranty - Written warranty from the
manufacturing company headquarters covering the aiming
alignment of the luminaire assembly.
tj 9. U.L. Listing - U.L. listing number shall be provided.
When manufacturer supplies a factory built assembly, the
entire assembly shall be U.L. listed. U.L. listing
["1 shall be for wet locations.
: ¡
L~
10. Verification of Demonstrated Field Technology. - The
U manufacturer must submit in writing documented proof
showing a minimum of five (5) such similar lighting
projects within the state of Florida where the
U specifications outlined above for spill/glare control,
field illumination values, and energy consumption have
been met. Include the project name, contact person and ~~
telephone numbers to reference such work.
0 ..-,-,
ll. Manufacturers Guarantee - The manufacturer shall submit
in writing a letter guaranteeing compliance as to the
B above specifications. Written explanation shall be
"
SECTION 16010 -4 ELECTRICAL SYSTEMS, GENERAL PROVISIONS
[]
.-
..
n .
fl provided prior to bidding as to specified criteria for
¡ i
. J which non-compliance is anticipated and an explanation
as to why the criteria should be waived. Manufacturer
q shall guarantee that system. if installed in accordance
I .
) J with manufacturers requirements. will meet or exceed the
specified lighting levels.
J 12. Energy Consumption Performance:
r-l a. The manufacturer shall guarantee that the maximum
kilowatt consumption shall not exceed 50 KW for the
U required number of fixtures to meet the maintained
footcandle levels and spill and glare control
,¡ requirements as specified.
¡ ,~
,.- j -
~gßMIIª ~NQ ~~~ªºy~~§
8 All work performed under this contract shall comply with all
-.
local and state codes having jurisdiction. and the
11 requirements of Utility Companies whose services may be used.
I,
L All modifications required by these codes. whether so
indicated on the plans or in the specifications or not. sha 11
:: be made by the contractor at no additional charge.
Where code requirements are less than those shown on the
1 plans or in the specifications. the plans- and specifications
shall be followed.
The contractor shall obtain all permits, inspections and
f·~l approvals from the authorities having jurisdiction and bare
,-- j all cost of the same.
~~I ~_=_~ªºººÇ!ª
~ Products shall be new of domestic manufacture. All products shall
, . be complete when furnished. Furnish only those products which are
approved. Any products delivered to the job site shall not be
accepted unless the are in good, unblemished condition. No
i-\ product will be accepted by the owner or engineer that is damaged.
I·
!
~~! â_=_~Ǻ!IºH_ǺH§IߺÇ!lºH ~ºº1~§
, \
I \ The drawings are essentially diagrammatic in nature. Location of
t~-.J conduit. boxes. outlets, appliances. etc. shown on the plans
as
U are approximate only and are understood to be subject to such
revisions as may prove necessary at the time the work is
installed. Exterior utilities as shown are not precisely located,
their exact location, shall be determined before installing any
0 ma.t. el'ia.1 or equipment.
ß
SECTION 16010 -5 ELECTRICAL SYSTEMS, GENERAL PROVISIONS
0
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- - - .__ . ._.w ____. __.,_~ _
-" -- .. .....-- .. -...---
. " I~, ')J
. \) 12
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MEMORANDUM \ t\-
0.e I'-' "'--1 () v f-/ ~ --
TO: Ted Glas\ . [ +-
Purchasing Director 'I C/ e..s
FROM: Joe Weldon
Parks and Recreation Director F ì
SUBJECT: BID # 92-07 TENNIS CENTER LIGHTS ~~
DATE: December 5, 1991 \)-
Attached please find the spread sheet for bid # 92-07 opened on November
22, 1991 for tennis lights at the municipal tennis courts. Attached are
two (2) letters from Thompson Engineering Consul tants who are the
electrical engineer hired to prepare the lighting specification and make
recommendations for bid award. As noted, Mr. Thompson indicated that the
two; lowest bidders, Power Associates, Inc. and -·.Edwards Electric
corPorations were 'non-res si ve in there bids in that . they did not
_. indicate what produ . Additionally, Mr.' Thompson indicates _
tha e J.r lowest bidder,' Ledbetter Electric, uses 9 less total
fixtures than any of the other manufactures and doesn't sèe how the
necessary lighting level can be maintained. Mr. Thompson met with the
General Electric lighting representative, the product bid by Ledbetter
Electric, to ~ry and obtain· the independent test lab report and
documentation ontQ~omputer-program used to generate the photometric -
report. He was' unable to obtain this information and therefore does not
recommend this bid.
Mr. Thompson recommends the bid be awarded to the 'high bidder, American
Lighting Maintenance, in the amount of $67, 679.00. As you know we
specified poles that could be relocated to our new tennis center once
its location is determined. American Lighting bid as an alternate
concrete poles for a total of $57,202.00. These are not as easily
relocated as the metal poles and I concur with Mr. Thompson and
re~comm~ ~~arded to American Lighting for $67,679.00.
Jo Weldon _
Di ctor of Parks and Recreation
JW:giv .. -
cc: David Harden-city Manager
REF: TENCTRLT ~ DOC
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.,- -
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. - - 'lUMIIHG
- - - -
. - - -- ELECTRICAL
-
- - -
- THOMPSON E~/NEERING CONSUL TANTS '
.
November 26. 1991
Cit.y of Delray Bea.ch
Parks and Recreat.ion Dep~rtment
50 N.W. 1st. Avenue
Delr~y Bea.ch, Florida :33444 .
Re: Tennis Complex Light.ing
Alt.n:· Mr. Joe Weldon. Director .
Dear Mr. Weldon:
I've reviewed t.he tour (4) bids taken on November 22.. 1991
. tor the aÞove proJect. and have the following comments.
-
l- Edward Electric Corp. apparently lowest bid did not..
conform wit.h t.he specific&t.ion·1n reg~rd. to t.he
submit.t.al require~ent. ot section 16010. From t.heir bid
forms I do not. know what.. products are being bid.
Therefore, I recommènd rejecting lhi. bid. ~
'.
1 2. The Power Associat.es, apparent.ly the lecond lowes t,'
. bidder, did not. conform with the specifications in
regards to lhe submittal requirements ot section 16010.
On t.hl2 bid torm Proposal sheet.. hand \frilten is "as
spe~ied manufact.urers". Th~~_4oes not comply with
16010, "ITEMS TO BE SUBMITTED WITH BIDI'. Theretore. I
recommend rejecting this bid.
3. Ledbetter Electric. the third lowest bidder has a
complete submission a.s required. by s¡3ecitications. My
problem with this 8u~mission, which is based on General
Electric sporta light.s, 18 that G.~. uses nine (9) less
fixtures total than any ot the thrée manufa.cturers lhat
were listed on the plans. No maintenance tactor or tilt
ta.ctor is listed on the photometric report. I'In
reluctant to approve this. bid because I do not see how a
similar lighting level can be ma1nt~in.d with
considerably less lumens to start. with. To approve lhis
proposal-, I would need t.o 8ee lhe rrL report ~d
_documentation on t.he computer~program used lo generale
the photometric report. W1th~UL this 1ntormat1on. I
recommend rejact.ion of·t.hi s-·bi~. --. ., .
4. Americ~n Lighting Maintenance CALM). the highest bidder.
is the only bid with a complete submittal baaed on the
~peciticat1on requirements. ALM indicated that Brooks
products questioned the concre~e ~~se ~hal was specified
and has a memo trom Brooks st.aling the base is loo small.
25 SEABREEZE AVENUE. SUITE 202 DELRA Y BEACH. FLORIDA 33483
(407) 274-0200 FAX: (407) 274-0222
"
~_.-..- -.-.---'-..... ....-. --...--------...--"...-.....'.- '.-
.- . .;:."
~
.
.
I attempted lo c~ll Brooks Products. Mr. Kea.ting t.he .
a.uthor of t.he Memo is on vacation tor two (2) weeks.
This Memo is contrary to information that I've received
on the required b~se size, Unfortonately I cannot
confir~ thi~ at thi~ tim~.
It may be prudent to ask ALM if they would provide an add
amount for the heavier bases in case it is found to be
required.
Also ALM has proposed concrete pOles with a consiöerable
deduct amount of S10,477.00. This seGms like a. reasonable
cost difference between the two pro~uct~. My concern ~ould
be that the concrete poles may not be readily relocaleable.
As you reca.ll. that was one of the design requirements. We
ha.ve had projects where il was nearly impossible to move a
direct buried concrete pole without destroying the pole.
If the þlans are still current to eventually move the þoles,
the concrete poles may not be a good idea. It they are not.
going t.o be moved in the future or if the deduct looks good
to you, I would accept the concrete poles for this project
and assume that just t.he fixtures and some ot the poles can
be moved at a latter date if necessaty.
For the above reasons. I believe that. the bost bid is that. ot ~
ALM and it. is in the best interest of the City to &ccept the
bid ot ALM. The only thing t.hat would change my opinion
would be if the GE submittal can prove the efficiency of
theii product. is 50% +1- more th&n several other
manufa.ct.urers.
---
It you have any que8~ions please c.ll.
Ii:; £/7L
De.niel E. Thompson. F.E. ¡--
DE'! I bb
-
.
.-
-- .._-~--- ,.-.-...,.- _.._.".~---.._-~.--- ---_.~-----'--
___. n~."_·___'_···___
- -- PLUMBING
- - - -
- -- EL!CTlUCAl
. -
-
. , THOMPSON ENGINEERING CONSUL TANTS
. ,
.
.
December 4, 1991
City of Delray Beach
Parks and Recreation Department
50 Northwest 1st Avenue .
Delray Beach, Florida 33444
-Atten:Mr.-Joe Weldon, Director --- . - .,.. ....,.....
Re: Lighting of Municipal Tennis Courts
Dear Mr.. Weldon:
As you know from our previous correspondence, I hAd some
serious problems with the bid proposal of Ledbetter Eleotrio..
In order to help clarify some of these problems I met with Mr.
Steve Kosowsky Of Power and Lighting Systems, th:e local G..E..
lighting representative. '..
Although Mr. Kosowsky repre~ented his product very well, .
the questions I have still remain. Including the irregularity
of the bid sub1ni ttaJ. (G. E. wae not l.is'ted and ðid n01:provide
all of the required data in the bid, 'G.E. has a policy to not
have indepenðen't ligh'ting teste because of th:l.s we must accept
the d~ given at face value. This is not fair to the other
biðð.ers and does not give an independent starting point for .---
compârison. For ex~ple, we must ~ake the manufacturers word
for it that the refleotor is 64% efficient. 1't may very well
be, but without the test I'cannot know thðt.
Also, the photometric report indicates that the
specifications and drawings are met wi~h fewer fixtures then
specified. Because of the fact that we cannot confirm the test
data and that all other bidders submitted on nine (9) more
fixtures than G.E. proposes to use, I cannot approve the bid.
It is unfortunate that a good electrical contractor such
as Ledbetter used this unqualified manutacturer. I will call
you to d1squ~s ~his. maer.
~
- --
~ .. u .'. ,_
Delray T.C.\det
<5 SEABREEZE AVENUE, SUITE 202 OELRA Y BEACH, FLORIDA 33483
407) 2.74-02.00 FAX: (407) 274-0222
,
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. . ~
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"' "" ,
. ,
.
/.i /nl/ll $yz(rml DIø/tG'.eøt
Ú4111III E1Icr1t Cv.t; ,,- .
H~nrI4!wtriIt. He 2m'
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I
I 12"'03-91
TO: steve Kosowsky - Power & Lightinq Syste~s, Inc
COPY: .
_0"Of _-- FROM: Mike Bauer - product Manaqer -:--~~
SUBJECT~ powr*spot Photometric Test Data
steve, per our convêrsation, it is not GE Lightinq,systems
normal policy to send ou~ tor independent photometric test
I d.ata. All of our Photo1t\etric: Tes~ Programs were wri1:ten by
Sill Brackett, the owner ot ITEL. However, when we have had
! outside testin~ done on our products ~. photometrics
gen~r~11y comê back with 2' better total efficiency and a
little hiqher candlepower. So we are tôuqher on ourselves
. than the outside labs are.GE LiCðhtinq systems stands
-'-behind and guð.rantees the photome.t.rics v.publish'.
~f you do bave"a spec that requires 1nd.p.ndèn~ test data,
please feel tree to call and w. will discuss those request.
on an job by job basis.
---
~" If .you have any questions, let me know. ."
.....---.
Be$t Regards,
/!!Á
~
. ,
, .
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. - CAND.ELA TR'ACES G~NERAL @£UCTRIC
LOWER VERTICAL BEAM UPpEft VERTICAL IE-'tot LlCHTINCi SYSTEMS BUSINESS DEPARTMENT
6"~ø . 'he~.. C,I,u.a t..P\c.. r."......I\\.t..... HENO£RSONVILLE. N. C. U.SA.. 281)9
. .,0......' p-,'.,..."ce. PHOTOMETRIC DATA':·
"- .
:3 ~600
PER 1000 lAMP LUMENS
w
a LUMINAIRE
z ~eoo
5 POWERSPOT II
I ~ooo REFLECTOR 232748-07
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t: REFRACTOR CLR OOOR GLASS
(.I) 3200 SOCKET FIXED I
z ,II
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r V ~ LAMP
z
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tn J ;\\ 1000/1500 WATT METAL HALIDE
::> /' \ \
0 I , MVR1000/U OR MVR1500/HBU/ë
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-4~ --411 -4;) -30 -¡¡C) -~II -I:» -III -0 ,II .:1 II :0 .III ':J III :5
DEGREES
VERTICAL - MARKEe LINE HORIZONTAL- SOLID LINE I
LUMEN DISTRIBUTION - ISOCANDELA CURVES
AVG. LEFT AND. RIGHT SIDES
HORIZONTAl.ANGLES - DEGREES -
!5 0 ~ 0 ë5 20 5 0 27 ~
1~ 4\.2 0.3 0.3 0.3 0,4 0.4 0.5 0.6 0.7 0.7 2.. ~ GENERAL INFORMATION !
- .....orl' "'1.0
H5 5.4 0.3 0.3 0.3 0.4 0.5 0.6 1. S II: NEMA TYPE 41\ x 3v I
- ~9 ~ 2i f BEAM SPREAD 43-VERT.
14 . 6,2 0,3 o~ 0..'1 0.4 0.6 1." 2.1 18 ~
- ;r:'e ~9 ' 50·HORIZ.
13 11.0 0,3 0.3 0.-4 0.5 1.4 2.6 2.9 15 I
- )":a 2.j 4... BEAM EFFrCIENCY S4~
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11 16;3 0.3 0.3 0,4 1.1 2.1 5.2 MAX CANDELA 32<14
I- ã oj. 6 1/6 2.~ .r.' 5 9
..! loll 24.5 0.3 0.3 0,4 5.7 W BASED ON rES 1871 STANDARD .
0 6 0:
~ '1 iii 32.2 0.3 0.3 O.A 0.9 /.7 2/6 la.5 r:1 11.4 OF'1Q% MAX CANDELA I
VI 3 Q
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::¡¡ ~ 34.~ 0.3 0.3 0.4 10.9 .8 ~.~ 6.3 .... 12. S o I PER 1000. LAMP LUMENS
. ~ I&.
..I 0 70~ 2000 9 I
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~ r0- o þ,s o ~ MULTIPLY ALL LUMEN AND CANDELA
:) 3 ~ 34.9 0.3 0.3 0.4 (1.0 (1.9 ~. ~ 6.5 12,1 -3 J VALUES BY THE FOLLOWING RATIO
10- ::i ~.e 2\6 k....6
~ "1 :I 33.6 0.3 0.3 0.4 \.B \5.5 12.2 -6 ~ RATIO. ACTUAL LAMP "'UMEN~
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10 I 26.7 0.3 0.3 0.4 0\7 1\6 7.3 II: 1000
- ~ o.~ 1.5 ~3~ -9 ~
12 ,\ 21.8 0.3 0.3 0.3 2.3 5.9 6.9 TEST MADE IN ACCORDANCE WITH IES
2 -12
- :3 :~.o 3-..1 ~ APPROVED METHOD FOR PHOTO-
13 17.7 0.3 0.3 0,3 0.5 '\.1 . 1 5.7
- o~ 1~ ~ "bt .-15 METRIC TESTING OF FLOODLIGHTS
15 13.6 0.3 0.3 0.3 0.4 2.4 -18 ~ ~"ESTED &bl/'- . ... DATE·"'·~.9.t>. .
- ~9 '1~ ~2 271
16 8.9 0.3 0.3 0·.3 0.4 0.5
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31.81314130.930,3129.2 27.212¡ .J 18.5110.2 35-178389R 1'*' 00
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1 1000 2.6386 37 1~ 2 1 1 1 1
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-85 -75 -63 -55 -45 -42.5 -37.5 -35 -32.5 -27.5 -25 -22.5 -17.a -15 -12.a -7.5
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o 2.5 5 7.5 12.5 15 17.5 22.5 25 27.3 32.5 35 37.5 42.5 43 55 65 75 85
o 1 2 16 40 40 40 41 42 55 73 91 20e 293 377 724 861 999 907 960 921 882 485
385 285 159 111 64 44 41 37 37 36 24 2 1 0
o 1 3 16 40 40 40 42 43 54 72 89 205 287 369 687 841 995 946 982 908 833 468
374 280 156 110 64 43 40 37 37 36 24 2 1 0 ~
o 1 3 15 40 40 40 41 42 53 69 85 190 266 342 5'38 740 883 sea 902 809 717 423
343 262, 142 103 62 42 40 38 36 36 24 2 1 0
o 1 3 15 40 40 4041 42 52 66 81 175 246 316 509 640 771 821 821 711 600 379
312 245 129 95 61 42 40 38 36 36 22 2 1 0
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230 186 92 74 55 41 39 a8 35 3S 19 3 1 0 .
o 1 3 16 40 40 41 ~41 46 34 62 104 145.186 275~Q7,a39 353 337 327 297 226
187 147 79 65 50 41 '39 38 36 36 18 3 1 0
o 1 2 15 39 40 41 ·41 41 44 50 56 82 110 139 209 228 248 255 259 243 227 177 142
108 65 56 46 40 39 37 36 36 17 3 1 0
o 1-' 1 13 36 ·39 40 40 40 41 43 45 ~5 63 72 98 109 120 126 129 120 110 82 72 61
48 44 41 38 38 37 36 35 1~ 2 1 0
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36 35 35 32 27 8 2 1 0
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[ITY DF DELARY HEREM "
¡ CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE - DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr1t_r-. D1r_ot L1n_
(407) 243-7090
MEMORANDUM
Date: January 14 1992
To: City Commission
David Harden, City Manager ,
From: David N. Tolces, Assistant City Attorn~
Subject: Bid #92-07; Tennis Center Lights
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~ I reviewed the documentation regarding the bid for the proposed
~ tennis center lighting and have the following comments.
i
1. Edwards Electric ,Corp. failed, to provide the items
required under the se,ction, "Items to be Supplied with the
Bid" . Their bid was the lowest in price; however, there
"
is no way of knowing from their bid documents what type of
lighting Edwards Electric Corp would supply. Therefore,
t~ bid was deemed unresponsive and the next step was to
look at the next lowest bidder.
2. The bid provided by Power Associates, Inc. was found to be
unresponsive, as they failed to provide the requited items
specified under the heading, "Items to be Supplied with
Bid". The central point of this section of the bid
documents is to provide the City with an indication of
what type of lighting fixtures will be used at the tennis
court. The Power Associates, Inc. stated on their bid
sheet, "as per manufacturers". There is no indication in
The Power Associates bid package that the term "manu-
facturers" was meant to include any 0 f the manufacturers
listed on the fixture schedule included with the bid
documents. As stated in the bid documents, "Failure to
provide any of the following information will be grounds
for rejection of the bid." ~he Power Associates failed to
provide the City with any manufacturers information.
Thus, at the time the bid was opened, the City had no
indication of what type of product it would get for the
amount of money quoted by The Power Associates_ It was
not until The Power Associates sent the City their bid
protest letter that they indicated that they would be
providing "Hubble" lighting fixtures. The omission of the
manufacturers specifications from the bid could be grounds
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January 14, 1992
Page 2
for rejecting their bid, as the City had no idea at the
time the bid was opened what types of fixtures The Power
Associates would provide.
3. Ledbetter Electric cannot provide the bonding required
under the City's contract. As stated in a previous memo,
··.......'..._0·'1\__ the City Commission may waive the bonding-requirement. In
conjunction with a waiver, all payments should be withheld
until the City is satisfied with the performance. A
performance bond usually provides for an 18 month protec-
tion period for performance. If the bonding requirement
is waived, the City should attempt to retain some monies
following completion of the project to insure the lighting
is satisfactory.
4. American Lighting Maintenance provided a complete sub-
mittal based upon the specification requirements.
As stated in. my prev-iousmemo,theCity Commission may decide
to award the bid to Edwards Electric, who was the lowest
bidder, Ledbetter Electric with the bonding conditionrAmerican
Lighting Maintenance, or you may ,choose to -re-bid the contract
with the hope of obtaining £ully responsive bids next time.
If you ~ve any questions, please call.
DNT: sh .
lights-l.dnt
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
--.11 I!
FROM: CITY MANAGERt/v
SUBJECT: AGENDA ITEM :It /0 A - MEETING OF JANUARY 14, 1992
ORDINANCE NO. 87-91 (TRUCK PARKING)
DATE: JANUARY 9, 1992
This is second reading of an ordinance amending Section 4.6.13 of
the Land Development Regulations with respect to the parking of
trucks within the R-1A zoning district.
At the City Commission's regular meeting on November 26, 1991,
the proposed ordinance was reviewed and approved on first
reading. On December 10, 1991, Commission opened a public
hearing on same and continued the matter to January 14, 1992, to
allow time for the Planning and Zoning Board to hold the required
public hearing and formulate a recommendation. This hearing was
held on December 16, 1991, and is discussed in the accompanying
memorandum from Lula Butler.
The proposed text amendment would address some of the major
problems affecting R-1A zoned neighborhoods as opposed to maximum
restrictions that currently exist for all other residential
zoning districts. The suggested language provides a restriction
against the parking of trucks of one and one-half (1-1/2) ton or
greater capacity within all R-1A zoning districts. The change to
the allowable size vehicle that would be legal to park lessens
the impact to the small businessperson who might have their own
lawn service, delivery service or construction business. It
would eliminate the ability for 18-wheelers, dump trucks, loading
trucks and other large commercial vehicles from being parked
within these residential neighborhoods. The ordinance further
proposes that no more than two (2 ) trucks may be parked on a lot
improved with a residence, and any such vehicle must be used by a
resident of the premises.
The Planning and Zoning Board supported the amendments and
recommended approval of the proposed ordinance by a vote of 6-0.
Recommend consideration of Ordinance No. 87-91 on second and
final reading.
f~ J..f + () I CKAnda/ph cl i SSfin.fÙ79 )
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: PUBLIC HEARING ON TRUCK ORDINANCE/REGULAR COMMISSION
MEETING OF JANUARY & 1992
DATE: JANUARY 8, 1992
ITEM BEFORE THE CITY COMMISSION:
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Public Hearing and approval of proposed amendment to Chapter 4,
Section 4.6.13 of the LDR's regulating the parking and storage of
cars, boats and trucks within the R-I-A zoning districts.
BACKGROUND:
The proposed amendment was reviewed and approved on first reading
at the regular City Commission meeting of November 26, 1992. The
Planning & Zoning Board considered the ordinance at their meeting
of December 9, 1991 and held a Public Hearing on the same on
December 16, 1991. One resident who would be affected by the
restrictions on truck parking was present and addressed the Board
with his concerns. He opposed the approval of the ordinance
because of the lack of available and affordable, secured
commercial parking facilities within the City limits. He talked
of the risk residents take if such vechicles were to be parked
away from their homes.
After much discussion, the Planning & Zoning Board supported the
amendments to the LDR's in support of restricting the parking and
storage of large trucks in all R-I-A zoning districts by a vote
of 6-0. The proposed ordinance is now before the City Commission
for the final Public Hearing.
RECOMMENDATION:
We would recommend City Commission approval of the amendments to
Chapter 4, Section 4.6.13 of the LDR's regulating the parking and
storage of cars, boats and trucks within R-I-A zoning districts
as proposed and approved by P&Z.
LB:DQ
d12
TruckPH.DH
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MEMORANDUM
TO: Lula Butler. Community Improvement Director ~
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: SURVEY OF TRUCK PARKING AREAS
DATE: March 15, 1991
At your request, we randomly selected a sample of storage firms in the Delray
Beach - Boynton Beach area. Each firm selected was phoned and requested to
quote a monthly rate to store a truck.
The information obtained from our survey is summarized below:
1. DELRAY BEACH
MONTHLY SIZE OF TRUCK
FIRM RATE FOR RATE QUOTED COMMENTS
Security Storage $44.52 30' -
Safeway 37.50 37' -
Atlantic U-Store 50.00 35' -
Delray Beach Storage 65.00 40' -
Delray Storage - No size limit Rate depends on size
2. BOYNTON BEACH
MONTHLY SIZE OF TRUCK
FIRM RATE FOR RATE QUOTED COMMENTS
Stowaway $48.76 30' -
Kent Ewing 39.75 30' No limit on size
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Space Plus 33.50 20' $1.50/ft. + $33.50
over 20'
Stor-AII 33.50 20' -
Greer W C Storage 26.50 Any Size -
rb/mh
MAR 1 8 91
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ORDINANCE NO. 87-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE
OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR
VEHICLES", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.13(B) ,
"PERMISSIBLE PARKING" , SUBPARAGRAPH (1) , TO
PROVIDE FOR THE PLACING OF RESTRICTIONS ON TRUCK
PARKING IN R-1A ZONING DISTRICTS; TO PROVIDE FOR
PARKING A MAXIMUM OF TWO ONE AND ONE-HALF TON
TRUCKS ON LOTS IN R-1A ZONING DISTRICTS; PROVIDING
A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Chapter 4, "Zoning Regulations",
Article 4.6, "Supplemental District Regulations", Section 4.6.13,
"Parking and Storage of Commercial Vehicles, Boats, Trucks, and
Similar Vehicles", Subsection 4.6.13(B) , "Permissible Parking",
Subparagraph (1), of the Land Development Regulations of the City .
of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(B) Permissible Parking:
(1 ) Trucks: Restrictions on truck parking shall
be applicable in all residential zoning
districts øthét//tháñ/~fIA and shall permit
only panel, pickup, van, and similar type
trucks, not over 3/4 ton rated capacity. In
all R-1A zoning districts, the restrictions
shall apply to trucks of one and one-half
(1-1/2) ton or greater Ca¡acity. Sñ¢~
ýé~Ltlé*//~át//øñlt//~é//~¡t~éd /øñ//á///pløt
iø~tøýéd/¢ith/á/té*LdéñtéJ//áñd/~~*t/~é//ñ8éd
~t//á//té_idéftt//øf//t~é//pté~L_é_J In all
residential zoning districts, no more than
two (2) trucks may be parked on a lot
improved with a residence. Such vehicle must
be used by a resident of the premises. For
purposes of this section, a lot includes the
property on which the residence is located
and any adjacent lot which is under the
control of the owner or lessee of the
residence. Parking on vacant lots is
otherwise prohibited.
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 (10J days after its passage on second and final reading.
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PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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, - 2 - Ord. No. 87-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER '- "0,,-'
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SUBJECT: AGENDA ITEM :1* /0 13 - MEETING OF JANUARY 14, 1992
ORDINANCE NO. 8S-91
DATE: January 10, 1992
This is a second reading of an ordinance correcting the zoning
designation for a body of water and lift station located on the west
side of Swinton Avenue approximately 600 feet north of 22nd Street
from R-IA (Single Family Residential) to CF (Community Facilities)
zone district and correcting the Official Zoning Map.
This property is an excess parcel which resulted from the creation of
the Lake Eden subdivision. A canal intrudes into the site and a
municipal lift station is located at the east end of the site. The
property is shown as an extension of Lake Eden on the Future Land Use
Map.
The inappropriate zoning was discovered during review of a land
development request on an adjacent property to the south. The
property owner has been informed of this situation. Public hearing
on this ordinance was delayed as we did not have a letter of consent
from the property owner. Special (30 day) formal noticing was
required.
Additionally, while Lake Eden is zoned OS (Open Space) zone district,
it is more appropriate to place CF zoning on this property since the
lift station is there and the canal feature is not a regularly
maintained part of Lake Eden.
Recommend approval of Ordinance No. 8S-91 on second and final
reading.
f~ 5-0
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ORDINANCE NO. 85-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 5,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT¡ SAID
LAND IS LOCATED ON THE WEST SIDE OF SWINTON AVENUE,
APPROXIMATELY 600 FEET NORTH OF 22ND STREET; AND
CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1990"¡ PROVIDING A GENERAL REPEALER CLAUSE¡ PROVIDING
A SAVING CLAUSE¡ PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned R-1AA
(Single Family Dwelling) District on the Zoning District map of the City
of Delray Beach, Florida, dated October 1, 1991¡· and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and,
WHEREAS, this error has been brought to the attention of the
City and it is appropriate that the Zoning District Map of the City of
Delray Beach, Florida, dated October 1, 1990, be corrected to reflect
the proper zoning classification of CF (Community Facilities) District¡ .
and,
WHEREAS, this matter was considered by the City Commisssion at
a public hearing and it was determined that the R-1AA (Single Family
Residential) District zoning classification was, in fact, inadvertently
applied to the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
The South 142.00 feet of the North 1,460 feet of the
East 1/4 of the Southeast 1/4 lying west of Swinton
Avenue, Section 5, Township 46 South, Range 43 East,
Palm Beach County, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
.
First Reading
Second Reading .--
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-2- Ord. No. 85-91
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COCONUT ADA
LAKE ~voc.oo
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ¿q¡/!
SUBJECT: AGENDA ITEM # loe - MEETING OF JANUARY 14, 1992
INTENT TO SELL REAL PROPERTY
DATE: January 10, 1992
We have received an offer from Mr. Malooley, who lives in the
Sherwood Park subdivision at the corner of Lowson Boulevard and Dover
Road, to purchase City-owned property east of his lot. It is unclear
whether he is inquiring about only Parcel "E" or also the
right-of-way of Dover Road north of Lowson Boulevard extending to
the L-3S Canal. That portion of Dover Road north of the canal was
abandoned at the time the Hamlet subdivision was approved.
This i tern has been advertised according to Section 36.3S of the Code
of Ordinances.
It appears that that parcel "E" plus the road right-of-way would make
a piece of land 116' x 160', which would be a buildable lot. If this
is correct, and Mr. Malooley does wish to acquire both pieces, this
offer is far too low.
Recommend consideration of an offer to purchase City-owned property
on Dover Road north of Lowson Boulevard extending to the L-3S Canal.
(fJd;;m & ~ $~/50o Þ ;¡~ "£ /I
)
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CITY PITORNEY'S OFFICE TEL No. 407 278 4755 Jan 10,92 14:25 P.02
I
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£ITY IF DELAAY BEAEH .
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CITY ATTORNEY'S OFFICE 200 NW 1s1 AVENUE' DELRAY BEACH, FLORIDA 33444
I FACSIMILE 407/278·4755
I
I
I
I MEMORANDUM
.
Date: January 10, 1992 . .....,....--..... __0'
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To: City Commi88ion
David Harden, City Manager ~
From: Dav1d N. Tolces, Assista~t City Attorne
Subject: Malooley Request to Purchase City Property at the
Intersect10n of Lawson Boulevard and Dover Road
Mr. Malooley, who lives in the Sherwood Park subdivIsion at the
corner of Lowson Boulevard and Dover Road, has offered the City
$2,'00.00 for the purchase of property adjacent to his
property. This item was advertised according to Section 36.35
of the City's Code of Ordinances and is before you at this time
to consider his request.
The propçty Mr. Malooley wishes to purchase consists of a
I .., v..P9~.1;.J.on of Dover Road north ot Lawson Boulevarc1 extending _.~P_~_,.___
. the L-35 canal. That portion of Dover Road north of the canal .
I was abandoned at the time The Hamlet subdivision was approved.
, It is my understanding that Mr. Malooley wishes to purchase the
property for security and beaut1f1cation purposes.
At this time staft would request direction from the Commission
as to whether further negotiations regarding the sale of this
property should take place.
DNTI sh
malooley.dnt
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C¡TY ATTORNEY'S OFFICE TEL No. 407 278 4755 ]an 10,92 14:26 P.03
DECE.MBER 30,1991
CITY OF DELRAY BEACH
310 SOUTH EAST FIRST STREET
SUITE 4
DELRAY BEACH, FLORIDA
33483
ATTENTION: JEFFREY KURTZ
AS PER OUR CONVERSATION OF DECEMBER 30,1991 I AM OFFERING $2500
ON THE PRO~ERTY EAST OF ME, AS PER THE NECESSARY PAPERWORK WE
HAVE ALREADY GONE OVEtt';--- . . .- --,,-' , .... .-.- . - . .
IT IS UNDERSTOOD THAT THIS MONEY WILL BE NET TO THE CITY OF DELRAY
BEACH. I WILL ALSO BE RESPONSIBLE FOR THE CLOSING COSTS.
YOU HAVE INDICATED THAT THIS WILL BE PUT BEFORE THE CITY COMMISSION
ON THE UP-COMING AGENDA SLATED FOR JANUARY 14,1992.
I LOOK FORWARD TO HEARING FROM YOU.
SINCERELY,
RICHARD G. MALOOLEY
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE ll'U t_ \'.
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MEMORANDUM
~idlU : JanudLY 10, 1992
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$... , <¡ 'J,.) , ',¡; tor the purchase of ¿.J1'lJ~ n, 'I 6 i ¡....
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prop,:: [ VI . This item waR ad...:ert. j sed ,h>.·O: .j! ng t F .
uf tte CltY'R Code of Ordinðnce~ an't ·S b\) fer ,) i d tJ' '.
t.O c0¡ìsidez his request.
The prope!'ty Mr. Maloolay wishes to PUl'C :¡¿t ,- t_:;-i~:; : , t'\.
portion of Dover Road north or. Lowson Ro'll j eVe)), (1 ~:'-~. t~ . . . l"
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the L-35 cana] . That portion of Dover Road north c,f t t r: ¡ 'ö :
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.....èI~ abðndoned at the time The Hamlet subdivision w<':t~ t! ¡ t " 'lj.
Jt is m¥ understanding that Mr, Malooley wishes to pu ¡ . , , , t ~tr
property for security and beautIfication purposes.
At this time staff would request direction from thE" C-rjfrrr ! ~~.~ ¡ t. ¡(';
as to whether further negotiations regarding t.he 5811.' .. f , ¡, 1 :j
propeLty should t.ake place.
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DECEMBER 30,1991
CITY OF DELRAY BEACH
31u SOUTH EAST FIRST STREET
SUITE 4
LJELRAY BEACH, FLORIDA
33483
ATTEN'llON: JEFFREY KORTZ
AS PER UUR CONVERSATION OF DECEMBER 3C,1~jl I Þ ;'r, ;
,"~; THP'" r~. [-d"" 'S R T Y EAST OF ME, AS PER THE NECF.5~A~1
'f, ALr ....f>.L ' r;()N'f OVE"R~-
·":.:rp','ì.'UU THAT THIS MONEY WILL FIE t\ETn ':'F .. ... L . ~ ' . .
¡ Í'ilLL ALSO BE RESPONSIBLF: fOR TH~. C!,()SlN'~ ,-'~;';L"
H \ \.'E 1",1)1 L:ATF:D THAT TH I S WILL BE PUT BF'f:)}i.':'; TIi f . '!",......, .'....,¡ "1
, - ..
.:'~; :')jr: UP-COMING AGf',NDA SLATED FOR JANUAP.Y .4, IS/I:!";.
! :"C)C,y f"ORWl\k[) Tf) '!c:ARING r'ROM YOU.
. F:~F.LY,
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RICHARD G, MALOOLEY
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
^
CITY MANAGER ,:'(j "
FROM:
SUBJECT: AGENDA ITEM # 12A - MEETING OF JANUARY 14, 1992
ORDINANCE NO. 1-92
DATE: January 10, 1992
This is a first reading of an ordinance rezoning and placing land
presently zoned GC (General Commercial) district in AC (Automotive
Commercial) district, said land being located on S.E. Sth Avenue,
between S.E. 6th and 7th Streets (O.C. Taylor) .
The O.C. Taylor property proposed for rezoning is a lo 3S acre lot
which was initially zoned SC (Specialized Commercial) . In October
1990, during the Citywide rezoning action associated with the
adoption of the Land Development Regulations, this parcel along with
the commercial area from S.E. 3rd Street to S.E. 10th Street (except
the Fronrath Dealership) was rezoned to GC (General Commercial.
The main impact of the proposed rezoning request is to take the auto
dealership use from it's current nonconforming status and place it
into a conforming status. If the initial placement of GC zoning on
the property was intended to make the use nonconforming, thereby
providing the vehicle to phase it out over time, then the rezoning
request should not be approved.
I f however, the applicant's argument that a error was made is valid,
consideration must also be given to waiving the minimum depth and lot
size requirements of the LDRs.
The Planning and Zoning Board at their December 16, 1991 meeting
recommended denial of the rezoning request. Additionally, several
neighbors spoke in opposition to the rezoning and five letters of
opposition were received. A detailed staff report is attached as
backup material for this item.
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ORDINANCE NO. 1 -92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL)) DISTRICT IN
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOTS 19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DEL RAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF 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 AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 19 through 27, Block 11, Osceola Park, according
to the Plat thereof recorded in Plat Book 3, Page 2,
of the Public Records of Palm Beach County, Florida,
less right-of-way of State Road No. 5 (U.S. Highway
H), and less the South 5 feet of Lot 27).
The above described parcel contains 1. 35 acres of
land, more or less.
The subject property is located on the S.E. 5th
Avenue, between S.E. 6th Street and S.E. 7th Street,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or prov~s~on of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
, Second Reading
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REZONING FROM GC TO AC
O.C. TAYLOR JEEP EAGLE
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
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THRU: OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: P~ DORLING, PLANNER II
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SUBJECT: M~ETING OF JA~Y 14, 1992
ORDINANCE REZONING O.C. TAYLOR FROM GC (GENERAL
COMMERCIAL) TO AC (AUTO COMMERCIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance affecting the O.C. Taylor
property by changing designations from GC to AC.
The O.C. Taylor property is comprised of 1.35 acres and is
located on the west side of Federal Highway between S.E.
6th Street and S.E. 7th Street.
BACKGROUND:
For complete background refer to the attached Planning and
Zoning staff report of November 18, 1992.
The property had Specialized Commercial (SC) designation until
October, 1990. In October, 1990 during the Citywide rezoning
action associated with the LDR adoption the zoning for this
parcel along with the commercial area from S.E. 3rd Street to
S.E. 10th Street (except the Fronrath Dealership) was proposed
to be changed from SC to GC (General Commercial) . During the
final hearings, and subsequent thereto, the Wallace properties
at S.W. 10th Street were placed in AC designation.
he main impact of the rezoning request is that it will take the
existing auto dealership use from it's current nonconforming
status and place it into a conforming status.
PLANNING AND ZONING BOARD CONSIDERATION:
The item was originally scheduled for action before the Board on
November 18, 1991 at which time the applicant requested a
continuance to the December 18, 1991 meeting. The Planning and
Zoning Board held a public hearing on this item at it's meeting
of December 16, 1991.
"
·
City Commission Documentation
Ordinance Rezoning O.C. Taylor from GC (General Commercial)
to AC (Auto Commercial)
Page 2
Several neighbors spoke in opposition and 5 letters of opposition
were received. After a lengthy discussion the Planning and
Zoning Board recommended denial of the rezoning request on a
unanimous {7-Q vote) based on the following:
* A non-compatibility exists with adjacent residential uses.
* The site does not conform to minimal standards for the
establishment and maintenance of an automobile dealership
or sales facility.
* An error was not made in the rezoning action of October of
1990 in that a conscious decision was made to make this
site nonconforming in an attempt to "phase" this use out
over time.
RECOMMENDED ACTION:
By motion, Denial of this ordinance on First reading based upon
a failure to make positive finding with respect to Section 3.1.1
(Compatibility and LDR compliance) and failure to provide a
valid reason for a rezoning change pursuant to Section 2.4.5.
Attachment:
* P&Z Staff Report
* Approved site plan
PD/#43/0CTAYLOR.DOC
, , .
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: Planning and Zoning Board Members
FROM: py,,:L~~lanner II
DATE: December 9, 19 1
RE: REZONING FROM GC TO AC (O.C. TAYLOR)
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a proposed rezoning from GC (General Commercial) to AC (Auto
Commercial) .
The subject property is located on S.E. 6th and 7th Streets. It
contained several dealerships, the latest being the O.C. Taylor
Jeep Eagle Dealership. It is anticipated that Hundi will soon
occupy this facility.
BACKGROUND:
This item was originally scheduled for Board action on November
18, 1991 but a continuance to the December 16, 1991 was
requested by the applicant's attorney.
Since the last meeting (November 18, 1991) additional background
history has been uncovered. The expansion of the use on lots
25-27 (parking area south of existing building) was reviewed and
recommended for approval by the Planning and Zoning Board on
August 18, 1986. The City Commission approved the Conditional
Use and Site Plan Modification on August 22, 1986. The approval
included construction of parking on lots 25-27 and landscape
improvements to the balance of the site.
The improvements to lots 25-27 along with some of the landscape
upgrades to the balance of the site were provided. However, in
reviewing the records a landscape sign-off on the expansion was
not given. Further, though most of the landscape improvements
were initially provided they have been allowed to deteriorate to
their currently unacceptable condition. While compliance with
the previous site plan approval is enforceable via the Code
Enforcement process it would be a good faith gesture, if the
applicant were to provide upgrades with this request.
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.
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 1.
PROJECT ANALYSIS:
In further discussions with the applicant's attorney he has
contended that an error was made in the rezoning action of
October 1990 which changed the property from SC to GC. Pursuant
to Section 2.4.5 (D) valid reasons for a rezoning include the
following;
That the zoning had previously been changed, or was
originally established, in error;
The property was changed from SC to GC in October, 1990 during
rezoning associated with the adoption of the LDR's. Similar
properties in the area (Dennis Fronrath and Wallace Nissan) were
also slated for similar rezoning action. During final public
hearings attorneys representing Mr. Fronrath and Mr. Wallace
were successful in modifying the rezoning actions to obtain AC
zoning designation for their clients. Although no specific
discussions are noted in the minutes for this property, given
the similar location it is reasonable to assume that O.C.
Taylor's property was identified as SC zoning which was to be
consciously changed to GC. As the site does not contain the
minimum requirement of 1.5 acres, the change may have been
implemented to make the use nonconforming in a hope to "phase it
out" . Given the above, staff believes an error was not made
with the zoning change to GC.
However, the applicant's attorney contends that when a broader
definition of error (to include mistakes,) is utilized the
proposed rezoning meets a valid reason pursuant to Section
2.4.5. (D). The applicant's attorney argues that similar
properties with similar characteristics (i.e., less than 1.5
acres minimum) did receive an AC zoning designation in October,
1990 (Fronrath and Wallace) or after 1990 through corrective
ordinances (Wallace) .
ASSESSMENT:
The main impact of the rezoning request is to take the auto
dealership use from it's current nonconforming status and place
it into a conforming status. If the initial placement of GC
(General Commercial) designation on the property in October,
1990 was intended to make the use nonconforming; thereby,
providing the vehicle to phase it out over time, then approval
of the rezoning request is not recommended.
If the applicant's argument that a error was made is valid and a
recommendation of approval is forwarded to City Conunission, a
recommendation regarding waivers to the minimum depth (200' ) and
size (1.5 acres) requirement [Section 4.4.10.(F)(2)] is also
appropriate.
,c .
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 2
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the Rezoning request based on
incompatibility with adjacent Land Uses, as well as, a
failure to demonstrate that the proposed zoning change meets
one of the valid reasons pursuant to Section 2.4.5(0)(1) ànd
a failure to meet minimum LOR compliance with respect to
minimum lot size.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Section 3.3.1 (Required
Finding) , 3.3.2 (Performance Standards) and Section
2.4.5(D)(1) (Reasons for Rezoning).
D. Defer action on the request if the applicant proposes
concurrent processing of a Conditional Use request which
would firmly establish the use.
STAFF RECOMMENDATION:
Recommend denial of the rezoning request based upon a failure to
make positive finding with respect to Section 3.1.1
(Compatibility and LOR compliance) and failure to provide a valid
reason pursuant to Section 2.4.5 in that:
a) An incompatibility exists with adjacent residential uses.
b) The site does not conform to minimal standards for the
establishment and maintenance of an automobile dealership or
sales facility.
c) An error was not made in the rezoning action of October of
1990.
Attachment: November 18, 1991 staff report
PD/i41/TAYLOR
'.
PLANNING & Z0NING BOARD
CITY OF DELRA Y BEACH --- S r AFF REPORT ---
MEETING DATE: November 18, 1991
AGENDA ITEM: III.C.
ITEM: Rezonin~ from G.C. to A.C., O.C. Taylor Dealership on S. Federal Hwy. (Former ~~C)
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GENERAL DATA:
Owner. . . . . . . . . , . . . . . . . . . . . . . . . A.rthur J. Taylor
Agent.........................Robert W. Federspiel
Location..................... .On S.E,. 5th Avenue, between S.E.
6th Street and S.E. 7th Street.
Property Size.................l.35 Acres
City Land Use Plan............General Commercial
City Zoning,..................GC (General Commercial)
Adjacent Zoning........,..... .North: GC
East: GC
South: GC
h'est: R-IA (Single Family
Residential)
Existing Land Use.............Full service autcmotive dealership.
Proposed Land Use......... ....Full service automotive dealership.
Water Service.................Existing 16" \o:ater main along the
south side of S.E. 6 Street, a 12"
line along the west side of S.E.
5th Avenue, and a 12" line along
the north side of S.E. 7th Street.
Sewer Service................,Existiøg 10" sanitary sewer line
along S.E. 7th Street, and a 8"
line within the alley to the west of 1
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t~~ subject prc~~rty.
·
., P&Z Staff Repol
O.C. Taylor Jeep Eagle Dealership-Rezoning ~rom GC to AC
Page 2
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which 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 use of an auto dealership is allowed within the AC
zoning district. The AC (Auto Conunercial) zoning
designation is consistent with the General Conunercial Land
Use designation.
* The Comprehensive Plan contains specific auto location
policies which summarized state: Auto uses shall not
be permitted in the caD or area from a block north and
three blocks south of Atlantic Avenue on Federal.
* New dealerships shall not locate nor shall existing
dealerships expand south of N.E. 6th Street provided
however, that automobile dealerships south of N.E. 6th
Street may expand onto adjacent property which is
currently in an auto related use and which is zoned to
allow such use.
It is noted that these policies were to be modified
with the processing of Amendment 91-1J but were
inadvertently removed in their entirety.
Concurrency:
Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space ( pa r k s ) , and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
'.
·
P&Z Staff Repo
O.C. Taylor Jeep Eagle Dealership-Rezoning From GC to AC
Page 4
Compatibility with the residential propeity to the west
is a concern. The existing site conditions provide a
chain link fence with no landscaping along Lots 19-22,
and a dirt and rock landscape strip without sod,
hedging or trees on Lots 23 and 24. On Lots 25 through
27 a solid wall and trees exist. The required hedge
along the east side of the wall has not been provided.
Adjacent property compatibility can be enhanced through
application of specific regulations of Section
4.6.16(H)(3)(e) (Perimeter Landscape Requirements).
These regulations apply to the existing zoning
designation as well as the proposed AC designation.
Pursuant to Section 4.4.l6(H)(3) (Perimeter
Landscaping) a strip of land at least five (5 ) feet in
depth is to be located between the off street parking
area or vehicular use area and the right-of-way shall
be landscaped. Within the landscape area a hedge shall
be placed along the interior of the landscape strip and
trees 25' on center pursuant to Section
4.6.16(H)(3)(e) .
B} Pursuant to Section 2.4.5(D)(1} a justification statement
providing the reason for which the change is being sougl
must accompany all rezoning requests. The code furthel
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.5(D)(5) the City Commission is required
to make a finding that the petition will fulfill one of these
reasons. The applicant submitted a justification statement which
states the following reasons for the change being sought:
"The previous zoning of SC (Specialized Commercial) allowed
the subject full service automotive dealership and the
applicant feels that the zoning was changed in error.
The requested zoning is of similar intensity as allo, j
under the Future Land Use Map and, due to the reasons stated
above, is more appropriate for the property based upor
circumstances particular to the site and/or thE
neighborhood.
·' .
P&z staff Repo
O.C. Taylor Jeep Eagle Dealership-Rezoning rrom GC to AC
Page 6
REVIEW BY OTHERS:
Community Redevelopment Aqency:
The development proposal is in a geographic area requiring review
by the CRA (Community Redevelopment Agency). The CRA reviewed
the request at their November 7, 1991 meeting. While the Board
did riot have any major problems with the proposal of board
member, Kathi Sumrall, queried that the original Planning and
Zoning rationale when the property was rezoned to GC was the hope
that the operation would be phased out. The attempt to phase the
use out may have been in consideration for the residential uses
to the rear of the property (west border).
Other:
A special notice has been provided to the president of the
Barrton Condominiums, As of this writing there has not been a
response from the Barrton.
ASSESSMENT AND CONCLUSIONS:
The main impact of the rezoning request is to take the auto
dealership use from current nonconforming status and place it
into a conforming status. If the initial placement of GC (General
Commercial) designation on the property in October, 1991 was
intended to make the use nonconforming; thereby, providing the
vehicle to phase it out over time, then approval of the rezoning
request would not be recommended. In reviewing documentation
relating to the adoption of the LDR's, no information to this
effect was found. If phasing out the use was not the intent and
the Board is willing to acknowledge the use as one which is
desired and will be continued on less than 1.5 acres of property
then approval of the rezoning would be appropriate.
In reviewing the site many deficiencies were noted. The
deficiencies along the west property line impact the
compatibility of the use with adjacent properties. While it is
not appropriate to condition a rezoning on the processing of a
site plan modification bringing the site up to code, it might be
appropriate to delay second and final reading until a good faith
effort to upgrade the site is undertaken.
'.
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\UGUST 1986 CONDITIONAL USE APPROV AL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,.L , /\
FROM: CITY MANAGER: /"
SUBJECT: AGENDA ITEM # /:;. B - MEETING OF JANUARY 14, 1992
ORDINANCE NO. 2-92
DATE: January 10, 1992
This is a first reading of an ordinance repealing Subparagraph 4.4.10
(G)(S)(d) of the Land Development Regulations to eliminate all
language regarding banners in the AC (Automotive Commercial)
district.
This item is a result of staff discussion with the Planning and
Zoning Board regarding the use of banners for promotional and special
event activities throughout the City. During the discussion it was
noted that the LDRs contained language permitting and regulating the
use of banners in the AC zoning district. Initially, staff proposed
amending the language in the sign code to permit the use of banners
for special event activities under certain conditions. However, the
Planning and Zoning Board voted not to add new language for banners
and to repeal all language regarding the use of banners in the AC
zoning district.
Separately, the use of banners at city facilities will be considered
after recommendations are received from the Old School Square Sign
Committee.
Recommend approval of Ordinance No. 2-92 on first reading.
f~ /S-r fuu:£ on <3 Id d vdá
PI-! /~{)IJ f&¥J or} é2/11 /9;;'
..
- ..
i
ORDINANCE NO. 2-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL
(AC) DISTRICT" , SUBSECTION 4.4.10(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBPARAGRAPH 4.4.10(G) (5) (d) TO ELIMINATE
ALL LANGUAGE REGARDING BANNERS IN THE AUTOMOTIVE
COMMERCIAL (AC) DISTRICT; BY RELETTERING SUBPARAGRAPHS
4.4.10(G) (5) (e) AND 4.4.10 (G) (5) (f); PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
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", Section
4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G),
"Supplemental District Regulations", Subparagraph 4.4.10(G) (5) (d) of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby repealed in its entirety.
Section 2. That Subparagraph 4.4.10(G) (5) (e) and Subparagraph
4.4.10(G) (5) (f) be, and the same are hereby relettered to Subparagraph
4.4.10(G) (5) (d) and Subparagraph 4.4.10(G) (5) (e), respectively.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such
decision shall not affect the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.
'.
.......- I :I>
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
/
SUBJECT: PROPOSED AMENDMENTS TO SEC. 4.4.10 (G) (5) (d), "BANNERS·
DATE: JANUARY 7, 1992
ITEM BEFORE THE COMMISSION:
- -
Commission consideration is requested to appeal Sec. 4.4.10
(G)(5) (d) of the LDR's governing the use of banners in the AC
Districts.
BACKGROUND:
Staff was before the Planning and Zoning Board on December 9th to
discuss the use of "banners" for promotional and special event
activities throughout the City. The discussion of the
restrictions on the use of banners came about as a result of many
requests from various businesses for promotional and special
event activities.
Staff also discovered language permitting and regulating the use
of banners under the AC zoning district. Staff proposed language
to P & Z for their consideration that would amend Sec. 4.6.7
(D)(3) of the sign code by adding a new section, which would
permit the use of banners for special event activities under
certain conditions and to repeal Sec. 4.4.10 (G) (5) (d) under the
AC zoning district, adding the same language to Sec. 4.6.7 of the
sign code.
On December 16, 1991, following a public hearing on proposed text
changes, the Planning and Zoning Board voted 6-0 not to add new
language for banners in Sec. 4.6.7 (D) (3) as suggested by staff,
but to repeal all language regarding the use of banners under
Sec. 4.4.10 (G) (S) (d) in the AC zoning districts. The use of
banners at city facilities will be considered separately after
recommendations are received from the OSS sign committee.
RECOMMENDATION:
We would recommend that the City Commission approve the proposed
amendment to Sec. 4.4.10 (G) (S) (d), which eliminates all
language regarding banners in the AC districts as recommended by
the Planning and Zoning Board and staff. No other changes
regarding the use of banners are proposed at this time.
LB:DQ
D/12 Banners.CC
-. ,
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
/
SUBJECT: PROPOSED AMENDMENTS TO SEC. 4.4.10 (G) (5) (d) , "BANNERS·
DATE: JANUARY 7, 1992
ITEM BEFORE THE COMMISSION:
- -
Commission consideration is requested to appeal Sec. 4.4.10
(G) (5) (d) of the LOR's governing the use of banners in the AC
Districts.
BACKGROUND:
Staff was before the Planning and Zoning Board on December 9th to
discuss the use of "banners" for promotional and special event
activities throughout the City. The discussion of the
restrictions on the use of banners came about as a result of many
requests from various businesses for promotional and special
event activities.
Staff also discovered language permitting and regulating the use
of banners under the AC zoning district. Staff proposed language
to P & Z for their consideration that would amend Sec. 4.6.7
(D)(3) of the sign code by adding a new section, which would
permit the use of banners for special event activities under
certain conditions and to repeal Sec. 4.4.10 (G) (S) (d) under the
AC zoning district, adding the same language to Sec. 4.6.7 of the
sign code.
On December 16, 1991, following a public hearing on proposed text
changes, the Planning and Zoning Board voted 6-0 not to add new
language for banners in Sec. 4.6.7 (D) (3) as suggested by staff,
but to repeal all language regarding the use of banners under
Sec. 4.4.10 (G){5)(d) in the AC zoning districts. The use of
banners at city facilities will be considered separately after
recommendations are received from the OSS sign committee.
RECOMMENDATION:
We would recommend that the City Commission approve the proposed
amendment to Sec. 4.4.10 (G) (5) (d) , which eliminates all
language regarding banners in the AC districts as recommended by
the Planning and Zoning Board and staff. No other changes
regarding the use of banners are proposed at this time.
LB:DQ
D/12 Banners.CC
'.
, ' ....
ORDINANCE NO. 2-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL
(AC) DISTRICT", SUBSECTION 4.4.10(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBPARAGRAPH 4.4.10(G) (5) (d) TO ELIMINATE
ALL LANGUAGE REGARDING BANNERS IN THE AUTOMOTIVE
COMMERCIAL (AC) DISTRICT1 BY RELETTERING SUBPARAGRAPHS
4.4.10(G) (5) (e) AND 4.4.10(G) (5) (f) 1 PROVIDING A
SAVING CLAUSE, PROVIDING A REPEALER CLAUSE, PROVIDING
AN EFFECTIVE DATE.
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", Section
4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G),
"Supplemental District Regulations", Subparagraph 4.4.10(G) (5) (d) of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby repealed in its entirety.
Section 2. That Subparagraph 4.4.10(G) (5) (e) and Subparagraph
4.4.10(G) (5) (f) be, and the same are hereby relettered to Subparagraph
4.4.10(G) (5) (d) and Subparagraph 4.4.10(G) (5) (e), respectively.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such
decision shall not affect the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
~ Second Reading
.
,
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
Î'
FROM: CITY MANAGER "~r-/.
'-
SUBJECT: AGENDA ITEM # /~ C'. - MEETING OF JANUARY 14, 1992
·ORDINANCE NO. 3-92
DATE: JANUARY 10, 1992
This is first reading of an ordinance amending Section
54.32 (B) (1) of the City's Code of Ordinances to correct an
inaccurate reference to the number of gallons of metered water
upon which the residential sewerage commodity charge is based.
While the code currently reflects a 15,000 gallon cap, a 12,000
gallon cap was agreed to when Ordinance No. 60-90 (which
increased sewer rates and charges) was under discussion. Also,
the City is currently billing based on 12,000 gallons. This
change should have been incorporated in Ordinance No. 60-90, but
was inadvertently omitted from that document. This ordinance
will correct that error.
Recommend approval of Ordinance No. 3-92 on first reading as a
housekeeping measure to correct a previous error.
P{lM¿£ þd-.;f..W.Lt em t¡ 10 / uðÓ-
é lÎíJOt:.fWS d/5SErrTlI79)
..
, ~
- .
ORDINANCE NO. 3-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES
AND CHARGES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
54.32, "SERVICE RATES AND CHARGES", SUBSECTION
(B) (1), TO CORRECT THE NUMBER OF GALLONS ON WHICH
THE COMMODITY CHARGE IS BASED¡ PROVIDING A SAVING
CLAUSE¡ PROVIDING A GENERAL REPEALER CLAUSE¡
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges", Sec~ion 54.32, "Service
Rates and Charges", Subsection (B) (1), of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) The following rates and charges shall be collected
from the users of the city sewerage system:
(1) Residential dwelling units. A monthly
sanitary sewerage service charge is imposed upon each residential
dwelling unit, as more specifically set forth hereinafter, to
which sanitary sewerage service is available through the
facilities afforded by the municipally-owned sewerage system,
according to the following schedule:
Residential Inside City Outside City
(a) Capacity charge
(per residential
dwelling unit) $9.10 $11.38
(b) Commodity charge
(based on metered water
with maximum of ZS¡ØØØ
12,000 gallons):
City (per 1,000
gallons) .81 1. 01
(c) Customer charge 1.78 2.23
(d) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) .71 .88
Note: Where no water service is provided, there
shall be a monthly customer charge of $5.00 per residential
dwelling unit, and the commodity charge shall be based on the
maximum of 12,000 gallons.
Section 2. That should any section or prov~s~on of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
.
.,
- -
_.__.._--._----~._-~~------ - ---- .----- ---_._~._~,~-- ~._- ---- .-._-" -
---- .-- --,.- .---. .-- -". -- --.-'. ---
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992 .
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
, - 2 - Ord. No. 3-92
.
,
------_.~--~--~_._------ -,---- .----- ---~ ~_.__._-- -..-
--- -"----- -- - --- - .--- .
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
. - 2 - Ord. No. 3-92
-.
- .
----..-- ~.._.- -- ~--_.- -------------
ORDINANCE NO. 3-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES
AND CHARGES", OF THE CODE OF ORDINANCES OF THE
CITY OF DEL RAY BEACH, FLORIDA, BY AMENDING SECTION
54.32, "SERVICE RATES AND CHARGES", SUBSECTION
(B) (1), TO CORRECT THE NUMBER OF GALLONS ON WHICH
THE COMMODITY CHARGE IS BASED: PROVIDING A SAVING
CLAUSE: PROVIDING A GENERAL REPEALER CLAUSE:
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges", Sect.ion 54.32, "Service
Rates and Charges", Subsection (B) (1), of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) The following rates and charges shall be collected
from the users of the city sewerage system:
(1 ) Residential dwelling units. A monthly
sanitary sewerage service charge is imposed upon each residential
dwelling unit, as more specifically set forth hereinafter, to
which sanitary sewerage service is available through the
facilities afforded by the municipally-owned sewerage system,
according to the following schedule:
Residential Inside City Outside City
(a) Capacity charge
(per residential
dwelling unit) $9.10 $11.38
(b) Commodity charge
(based on metered water
with maximum of I$J000
12,000 gallons):
City (per 1,000
gallons) .81 1. 01
(c) Customer charge 1. 78 2.23
(d) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) .71 .88
Note: Where no water service is provided, there
shall be a monthly customer charge of $5.00 per residential
dwelling unit, and the commodity charge shall be based on the
maximum of 12,000 gallons.
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.
.
·.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
A
...".
FROM: CITY MANAGER' r
.. '
SUBJECT: AGENDA ITEM # 12.D - MEETING OF JANUARY 14, 1992
ORD I NANCE NO. 4-92
DATE: January 10, 1992
This is a first reading of an ordinance amending the Land Development
Regulations to provided that the Board of Construction Appeals shall
hold at least four regularly scheduled business meetings each year,
provided there is business to be considered.
As written, current regulations require the Board of Construction
Appeals to meet four times a year regardless of whether there is any
business to be considered. There were several occasions in 1991 that
the Board did not have cases to be decided by them at their
meetings; therefore, the Board is seeking Commission approval of
this proposed amendment.
Additionally, the Board of Construction Appeals, at their December
18, 1991 meeting voted unanimously to change their meeting dates from
S:OO p.m. on the third Wednesdays in March, June, September and
December to the first Wednesday in each of those months. If
approved, the Board of Construction Appeals Rules will also need to
be amended.
Recommend approval of Ordinance No. 4-92 on first reading and
approval of a modification to the Rules of the City of Delray Beach
Board of Construction Appeals with regard to a change in meeting
dates from S:OO p.m. on the third Wednesdays in March, June,
September and December to the first Wednesday in each of those
months.
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[ITY DF DELRAY BEA[H ~
CITY ATTORNEY'S OFFICE 200 NW 151 AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407n78·47SS
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DL:I:'ect LLI'I_
( 40't.k243-7091
MEMORANDUM
DATE: December 26, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Meetinq Dates of the Board of Construction Appeals
The Board 'of, Construction :Appeals' is required by .ordinance to
meet' on the ·tht,rd' Wednesday. of March, June, September and
December at 5:00 p.m. -The -Board of Construction- Appeals, at
its meeting of December ,18, 1991, held a meeting' pursuant to
-the re~ed meeti·ng· - schedule contained in the City's Land
Developm t Regulations. - -
At the meeting ,the Board voted unanimously to change their
meeting dates to the first Wednesday of March, June, September
and December at 5:00 p.m. instead of the third Wednesday of the
aforementioned months.
In addition, the Board, by vote, was desirous -of including
language that stated that they would be required to meet on the
first Wednesday of-March, June, September and December only if
there was business to be considered by the Board. The Board of
Construction Appeals has not, in the past year, ~ad cases to be
decided by them at each of their meetings. It is the consensus
of the Board-that if there are not cases- or othér matters to be
considered that the Board should not have to leave their
businesses and make otherarrange~ents-to meet.
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~-..In light. of the Board of Construction Appeals...vote, our office ,-
has prepared an amendment to the Land Development Regulations
and to the Rules of the City of Delray Beach Board of
Construction Appeals to reflect their vote of December 18, 1991
modifying the meeting dates and also establishing that no
meeting need be held if there is not business to be considered
before the Board.
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City Commission
December 26, 1991
Page 2
Our office was directed to prepare this ordinance and place it
before you for your consideration. The City Commission must
also consider the change in the rules reflecting. the ordinance
requirements.
By copy of this memorandum to David Harden, .City Manager, our
··office is requesting that the ordinance amendment and amendment
to the Board of Construction Appeals Rules be placed on an
appropriate City Commission Agenda for their consideration.
Attachment
cc David Harden, City Manager
David Kovacs, Director of Planning and Zoning
Alison MacGregor Hardy, City City Clerk
Lula Butler, Director of Community Improvement
Jerry.Sanzone, Chief Building Official
Anita Barba, Board Secretary/Liaison
C~rman of the Board of Construction Appeals
boa. sar__
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ORDINANCE NO. 4-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO,
"ADMINISTRATIVE PROVISIONS", SECTION 2.2.5, "THE
BOARD OF CONSTRUCTION APPEALS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 2.2.5(C) (1), TO PROVIDE THAT THE BOARD
OF CONSTRUCTION APPEALS SHALL HOLD AT LEAST FOUR
REGULARLY SCHEDULED BUSINESS MEETINGS EACH YEAR,
PROVIDED THERE IS BUSINESS TO BE CONSIDERED;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of ~he City of Delray
Beach, Florida, has provided that the Board of Construction
Appeals shall hold at least four regularly scheduled business
meetings each year; and,
WHEREAS, the Board of Construction Appeals has
recommended to the City Commission that it would be appropriate
for the Board of Construction Appeals to hold at least four
regularly scheduled business meetings each year if there is
business to be considered before the Board; and,
WHEREAS, the City Commission recognizes that the
members of the Board of Construction Appeals must take time from
their families and businesses in order to give their time to the
City and understands that if there is not business to be held
before the Board, that it is unnecessary for the Board to hold a
regular meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative
provisions", Section 2.2.5, "The Board of Construction Appeals",
Subsection 2.2.5(C), "Meetings and Quorum", Subparagraph (1), of
the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(C) Meetings and Quorum:
(1) The Board shall hold at least four regularly
scheduled business meetings each yeari;
provided there is business to be conducted by
the Board.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
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PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading:
Second Reading:
- 2 - Ord. No. 4-92
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RULES OF THE CITY OF DELRAY BEACH
BOARD OF CONSTRUCTION APPEALS
ARTICLE I. GENERAL GOVERNING RULES: The Board of
Construction Appeals (hereinafter referred to as the Board) shall
be governed by Article 2.2 of the Land Development Regulations of
the City of Delray Beach, as amended, and the Rules of Procedure
set forth herein, as adopted by the Board and approved by the
City Commission.
ARTICLE II. SPECIAL GOVERNING RULES: The Board shall also be
governed by Article 2.4 of the Land Development Regulations of
the City of Delray Beach Code of Ordinances, as amended, and the
Rules of Procedure set forth herein, as adopted by the Board and
approved by the City Commission.
ARTICLE III. OFFICERS; COMMITTEES:
1. The Board shall elect a Chairman and Vice Chairman
annually in the month of September, for a term of one (1) year
pursuant to Section 2.2.1(D) of the Land Development Regulations
of the City of Delray Beach Code of Ordinances, as amended.
2. The Chairman (or in his absence the Vice Chairman)
shall preside at all meetings and hearings of the Board and
decide all points of order and procedure. The Chairman shall
appoint any committees which may be found necessary.
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3. The recording secretary shall be designated by the City
Manager. The recording secretary shall take and transcribe the
minutes of each meeting of the Board and assume all ministerial
duties.
ARTICLE IV.
1. MEETINGS: The Board shall meet every first Wednesday
of March, June, September and December at S:OO P.M. if there is
business to be considered before the Board, unless there is cause
to hold an interim meeting pursuant to the requirements as set
forth in Section 2.2.1(E) of the Land Development Regulations of
the City of Delray Beach Code of Ordinances, as amended.
2. SPECIAL MEETINGS: A special meeting may be called by
the Chairman subject to compliance with the statutory notice
provisions.
3. QUORUM: A quorum shall consist of five (S) voting
members of the Board for all actions. No action of the Board
shall be taken on any matter except upon the concurring vote of
not less than five (S) voting members of the Board pursuant to
Section 2.2.S(C) of the Land Development Regulations of the City
of Delray Beach Code of Ordinances, as amended.
4. REPRESENTATION; PERSONAL INTEREST: No member of the
Board shall appear before the Board or represent before the Board
a person in any matter pending before the Board. No member of
the Board shall hear or vote upon an appeal or motion for re-
hearing in which he is directly or indirectly affected in any
financial way. Whenever a member of the Board has a personal,
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private or professional interest in any matter which comes before
the Board, that member shall, within fifteen (IS) days after the
vote occurs, file the proper form with the recording secretary of
the Board pursuant to the provisions of Chapter 112, Florida
Statutes.
5. CONDUCT OF MEETINGS: All meetings shall be open to the
public. The Chairman may administer oaths or require the
attendance of witnesses, and shall administer oaths when hearing
appeals. The order of business at meetings shall be as follows:
a) Roll Call
b) Approval of minutes of previous meetings
c) Reports of committees
d) Unfinished business
e) Hearing of Appeals
f) New Business
6. ADJOURNED MEETINGS: The Board may adjourn a regular
meeting if all business cannot be disposed of on the day set, and
no further public notice shall be necessary for such a meeting if
the time and place of its resumption are stated at the time of
adjournment and are not changed prior to its resumption.
ARTICLE V. ABSENCES: A Board member's absence from three ( 3)
consecutive meetings shall constitute an automatic resignation
from the Board by such member, unless said absence is due to
illness or other extraordinary circumstances. Each Board member
shall be responsible for notifying the recording secretary as
promptly as possible of any anticipated absence from a Board
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meeting. Except for automatic resignation from the Board, a
Board member may resign by filing a written statement of
resignation with the recording secretary of the Board. Vacancies
on the Board shall be filled pursuant to Section 2.2.1(F) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended.
ARTICLE VI. RIGHTS; POWERS, PRIVILEGES AND DUTIES:
1. APPEALS: Shall be taken within a reasonable period of
time, not to exceed ten (10 ) days of the action being appealed
pursuant to the terms of Sections 2.2.5(D) and 2.4.7(E) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended.
2. HEARINGS: Shall be conducted in accordance with the
terms of Section 2.4.2(B) (2) of the Land Development Regulations
of the City of Delray Beach Code of Ordinances, as amended.
3. STAY OF PROCEEDINGS: Shall conform to Section 2.4.7(E)
of the Land Development Regulations of the City of Delray Beach
Code of Ordinances, as amended.
4. DECISIONS: Shall be made pursuant to Section 2.2.S(D)
of the Land Development Regulations of the City of Delray Beach
Code of Ordinances, as amended.
S. PUBLIC NOTICE: Notice of the Public Hearing of the
appeal shall be given in accordance with Section 2.4.2(A) of the
Land Development Regulations of the City of De1ray Beach Code of
Ordinances and Florida Statutes.
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6. AMENDMENT: An appeal may be amended at any time or
from time to time prior to or during the Public Hearing of the
appeal, provided that the amendment does not materially alter the
appeal as published in the public notice so as to make the public
notice of the appeal misleading, or that that amendment does not
request a greater variance from the terms existing ordinances
than that requested by the appeal. In the event the amendment
makes an appeal misleading or requests a greater variance, as
determined by the Chairman of the Board; an amended public notice
shall be given. The applicant shall pay any and all additional
fees necessary for the re-publication of the public notice.
7. DISMISSAL: An applicant may voluntarily dismiss his or
her appeal at any time prior to the commencement of a roll call
vote to decide such appeal, and such dismissal shall be without
prejudice. A voluntary dismissal shall be in writing and filed
with the recording secretary of the Board, unless announced at
the public hearing.
ARTICLE VII. HEARING AND RE-HEARING:
l. Appeals shall be heard in the order of their filing;
amended appeals shall have priority according to the date of the
amendment and public notice.
2. At the public hearing, the applicant or any other
interested parties, in accordance with Section 2.4.2(B) of the
Land, Development Regulations of the City of Delray Beach Code of
Ordinances, as amended, may appear on his own behalf or be
represented by a designated agent or attorney. If the applicant
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does not appear on his own behalf at the public hearing, he shall
file with the recording secretary of the Board, prior to the
public hearing, a statement, made under oath, authorizing such
other person or persons to represent him at the public hearing.
3. The order of the hearing shall be:
a) Statement of the appeal by the Chairman
b) Supporting argument by applicant
c) Supporting arguments by other interested parties
d) Opposing arguments by City Officials
e) Opposing arguments by other interested parties
f) Rebuttal by those supporting appeal
g) Rebuttal by those opposed to the appeal
h) Final rebuttal by applicant
Witnesses may be called and factual evidence and exhibits
may be presented. The procedures for an appeal lodged pursuant
to Section 2.4.7(E) shall be governed by Section 2.4.2(B) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended.
The Chairman may establish appropriate time limits for
arguments, but such time limits shall be equal for both sides.
The Roberts Rules of Order, latest edition, shall be the final
authority on all questions of parliamentary procedure.
4. RE-HEARING: An applicant may file a written motion for
a re-hearing of any decision rendered by the Board. The motion
shall be filed with the Chief Building Official within ten (10 )
days of the date the decision is rendered. The concurring vote
of five (5 ) members of the Board shall be necessary to grant a
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motion for re-hearing. The motion for re-hearing may be based
upon the following grounds:
a) Newly discovered evidence which by due diligence
could not have been discovered in time to present at the public
hearing.
b) Fraud, misrepresentation or other misconduct of
any person who submitted evidence to the Board.
c) Mistake, inadvertence, surprise or excusable
neglect.
d) The Board overlooked or misapprehended any
material points of law or fact. If the Board grants a motion for
re-hearing, public notice of the hearing shall be given at the
cost of the applicant.
ARTICLE VIII. AMENDMENTS; EFFECTIVE DATE:
1. The Rules of Procedure may be amended by the affirma-
tive vote of a majority of five (5 ) members present at any
meeting or special meeting at which a quorum is present. The
proposed amendment must be presented or submitted to the Board
membership at least one (1 ) week prior to such meeting.
2 . These Rules of Procedure shall be reviewed by the Board
at least once a year at any regular or special meeting.
Recommendations for proposed amendments to these Rules of
Procedure shall be presented to the Board in writing.
3. The Rules shall become effective fifteen (15 ) days
after their approval by the City Commission.
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These Rules of Procedure were adopted by the Board of
Construction Appeals on the day of , 1992.
Chairman
Board of Construction Appeals
Approved by the City Commission on the day of
, 1992.
Mayor, City of Delray Beach
Attest
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER:>lj
SUBJECT: AGENDA ITEM #/~ E - MEETING OF JANUARY 14, 1992
ORD I NANCE NO. S-92
DATE: January 10, 1992
This is a first reading of an ordinance amending the Code of
Ordinances by enacting a new subsection to provide that the Clerk of
the Court or the Traffic Violation Bureau shall supply the Department
of Highway Safety and Motor Vehicles with a listing of persons who
have three or more outstanding parking tickets for the· purpose of
placing administrative stops on the issuance of license plates or
revalidation stickers.
State Statutes permit cities to enhance collection of outstanding
parking tickets by sending a listing to the Department of Highway
Safety and Motor Vehicles. Those persons who appear on the list will
not be issued a license plate or revalidation sticker until the
outstanding tickets are paid.
For 1991, our Police Department issued approximately 8,176 parking
tickets. Of that amount, approximately S,082 were collected, leaving
3,094 uncollected. At this time, we do not have a method for
determining how many of these are third offenses; however, staff is
currently working to computerize this information.
Recommend approval of Ordinance No. S-92 on first reading.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE ' ~.'.\ ;,( ".\ L:;, ¡: ' Uil ;Z.\Y UL\CH. fLOKlDA 3J~~4
t- ... '- ~ \: ¡ [. t: -, ~.: 7 '\ ... . -- ..:: Wr~~_r·. D~r_c~ L~n_
(40"7) 243-"7081
MEMORANDUM
DATE: December 31, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Collection of Parking Tickets - Ordinance
At the request of the City Administration, our office has
prepared the attached ordinance implementing Florida Statutes
Section 316.1967(6). The statute permits cities to enhance
collection of outstanding parking tickets by sending to the
Department of Highway Safety and Motor Vehicles, a listing of
those that have three or more outstanding parking violations.
Those persons listed will not be issued a license plate or
revalidation sticker until the outstanding tickets are paid.
By copy of this memorandum to David Harden, City Manager, our
office is requesting this ordinance be placed before the City
Commission for consideration.
Pleas~ contact me if you have any questions.
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Attachment
cc David Harden, City Manager
Chief Richard Overman, Delray Beach Police Department
parktk.sar
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ORDINANCE NO. 5-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC
CODE", CHAPTER 71, "PARKING REGULATIONS", BY
AMENDING SECTION 71.091, "LIABILITY FOR PAYMENT OF
PARKING TICKET VIOLATIONS", BY ENACTING A NEW
SUBSECTION (F), TO PROVIDE THAT THE CLERK OF THE
COURT OR THE TRAFFIC VIOLATION BUREAU SHALL SUPPLY
THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
WITH A MAGNETICALLY ENCODED COMPUTER TAPE REEL OR
CARTRIDGE THAT IS MACHINE READABLE BY THE INSTALLED
COMPUTER SYSTEM AT THE DEPARTMENT, LISTING PERSONS
WHO HAVE THREE OR MORE OUTSTANDING PARKING TICKETS
FOR THE PURPOSE OF PLACING ADMINISTRATIVE STOPS ON
THE ISSUANCE OF LICENSE PLATES OR REVALIDATION
STICKERS OF THOSE PERSONS APPEARING ON THE LIST;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, in order to provide a for more effective collection of
outstanding parking ticket fines is desirous of implementing an
ordinance as authorized by Florida Statutes Section 316.1967(6) as
amended by Chapter 91-180 of the Laws of Florida; and,
WHEREAS, Florida Statutes Section 316.1967(6) was amended in
1991 to provide that a City may, by ordinance, require the Clerk of the
Court or the Traffic Violation Bureau to supply the Department of
Highway Safety and Motor Vehicles with a magnetically encoded computer
tape, reel or cartridge which is machine readable by the installe
computer system at the Department, listing persons who have three Ot
more outstanding parking violations; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of having the Department of Highway Safety and
Motor Vehicles mark the appropriate registration records of persons so
reported; and,
WHEREAS, Florida Statutes, Section 320.03(8) as modified by
Chapter 91-180 of the Laws of Florida provides that if an applicant's
name appears on the list, no license plate or revalidation sticker shall
be issued until such person's name no longer appears on said list or
until he presents a receipt from the clerk showing that such parking
fines have been paid.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. (F). The Clerk of,· the Circuit Court or the
Traffic Violations Bureau shall supply the Department of Hiqhway Safety
and Motor Vehicles with a magnetically encoded computer tape reel or
cartridqe which is machine readable by the installed computer system at
the Department, listing persons who have three or more outstanding
parkinq violations. The Department shall mark the appropriate
reqistration records of persons so reported. If the applicants name
appears on the list referred to herein, no license plate or revalidation
sticker shall be issued until such person's name no lonqer appears on
said list or until the applicant presents a receipt from the Clerk
showinq that such parking fines have been paid.
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Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such deci-
sion shall not effect the validity of the remainder hereof as a whole or
a part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be the same and are hereby repealed.
Section 4. That this ordinance shall become effective
immediately on passage at second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 199 -
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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- 2 - Ord. No. 5-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER.' /"..
SUBJECT: AGENDA ITEM # /.-:J.. F - MEETING OF JANUARY 14, 1992
ORDINANCE NO. 6-92
DATE: January 10, 1992
This is a first reading of an ordinance amending Ordinance No. 12S-88
to include language previously omitted from Ordinance No. 12S-88, to
provide for extended hours of operation for property located
immediately north of the L-32 Canal, and immediately south of Lake
Ida Road, between Congress Avenue and the Lake Worth Drainage
District Canal #3-1/2.
Ordinance No. 12S-88 annexed this parcel into the City. Following
second reading and public hearing of Ordinance No. 12S-88,
Commissioner Brainerd made a motion to approve the ordinance with a
20 year amortization period for the hours of operation. Also
included in that motion was the requirement that if the County ever
brought its code provisions pertaining to hours of operation into
conformity with the City's code, that the hours of operation must
then comply with the City's code. The Commission approved the
ordinance unanimously.
When adopted, however, Ordinance 12S-88 was never modified to contain
the additional language included in the moti on. The City Attorney's
Office has spoken with the former City Attorney and other parties
involved and found that the language was inadvertently omitted.
Because this is a substantial omission, passage of an amending
ordinance is required in order to insert the omitted language into
Ordinance No. 12S-88.
Recommend approval of Ordinance No. 6-92 on first read~ng.
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CITY RTTO~NEY'S OFFICE TEL No. 407 278 4755 Jan 10,92 10:33 P,02
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£ITY DF DELAAY BEAEH ;'.
CITY AnORNEY'S OFFICE 200 NW hi AVENUE · DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 .
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M!MORANDUM
Date: January 9, 1992
To: City Conuni..ion
David T. Harden, city Manager
From; David N. Tolces, Assistant City Attorney
Subject: OrdJnance 6-92, Amendinq Ordinapce 125-88
Following the passage ot the Delray Beach Enclave Act in 1986
numerous enclaves were annexed by the City. One ot those
enclaves, Enclave ,~, included Cymbals Nightclub. In agreeing
not to challenge the annexation of their busine.s, the owners
of Cymbals negotiated with the City to allow tor the cont1nued
operation ot cymbals under the County's hour. of operation..
Ordinance 125-88 officially annexed the property which included
Cymbals into the city. Firat reading ot ordinance 125-88
occurred on october 11, 1988. In response to a question from
Comrn1ea1oner Bra1nerd, C1ty Attorney Herb Th1ile adv1sed the
Commission that an amendment to the ordinance c uld be provided
which would allow for the continuation of a n nconforming use
tor a certain period ot time. The Commission desired to allow
an ann,xed use within Enclave '9 to operate under the County's
hours of operation following annexation into the City.
Following some discusSion, the Commission agreed to allow for a
20 year amortization of the hours of operation for the use. At
the end ot 20 years, the use would have to comply w1th City
codes.
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At second readinq· on November 8, 1988, the Commis Ii ion he ld a
public hearing for Ordinance 125-88. FOllowing the public
hearinq, commissioner Brainerd made a motion to approve
Ordinance 12'-88 with the 20 year amortization period for the
hour. of operation. Al.o included in that motion was the
requirement that if the County ever brought its code provisions
pertaining to hours of operation into conformity with the
City's code, that the hours of operation must then comply with
the City's code. The commission approved the ordinance
unanimou.ly.
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 ]an 10.92 10:34 .? 03 -
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however, OrdinAnce 125-88 '1 '
When Adopted, never contained the
language includedi1n the motion. This office has spoken with
Mr. Thiele An~ the parti.. involved and find that the lan9uag~
should have been' included, and was inadvertently omitted.
Because this is a substantial omission, passage of an amending
ordinance is required in order to 1nsert the omitted language
into Ordinance 125-88. The amending languðge includes the
conditions, conta1ned in the commission's motions on October 11,
1988 and November 8, 1988. Your approval of th1s ordinance
w1ll remedy an omis.ion, and provide the owners of the property
with the provisions they agreed to in 1988. .
If you have any questions regarding this matter, please contact
my office.
cymbals.dnt
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CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Jan 10,92 10:34 P,04
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ORDINANCE NO. 5-g2
AN ORDINANCE or THE CITY COMMISSION OF THE CITY OF
DELRAY BIACH, FLORIDA, ^"ENDING ORDINANCE'l2'-88 TO
INCLUDE LANGUAGE PREVIOUSLY OMITTED FROM ORDINANCE
125-88, TO PROVIDE FOR EXTENDED HOURS OF OPERATION
POR PROPERTY LOCATED IMMEDIATELY NORTH OF THE L- 32
CANAt , AND IMMEDIATELY SOUTH OF LAXE IDA ROAD,
BETWEEN CONGRESS AVENUE AND THE LAKE WORTH DRAINAGE
DISTRICT CAN.u. 13-1/21 PROVIDING FURTHER THAT
NOTHING IN THIS ACTION SHALL AFFECT ANY OF THE
TERMS, CONDITIONS, OR REQUIREMENTS OF THE ENCLAVE
ACT AS TO OTHER REGULATIONS AFFECTING USES IN THEIR
CONTINUATION, PROVIDING A GENERAL REPEAtER CLAUSE,
PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE
DAT!.
WHSREAS, the City COIIIØIUs1on of the City of Delray Beach
unanimously approved Ordinance 125-88 on November 8, 1988 pursuant to
the requirements of the Delray Seach Enclave Actl and,
WHSREAS, the moUon to approve , Ordinance 125-88 included
language which was inadvertently omitted from Ordinance 125-88, and,
WHEREAS, this Ord1nance amends ordLnance~2'-88 to provide for
inclusion of the missing language regarding the co inuance of business-
e. operating under the Palm Beach County Code requ rement. pertaining to
the hours of operation for u.e. 1n operation on November 8, 1988; and,
NOW, THERSFORE, SE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS I
Section 1. That Ordinance 125-88 of the City of Delray Beach,
Flodda, pa..ed and adopted on November 8, 1988, be, and the same i.
hereby amended to include the following I
Tho.e u.e. operating within the boundarie. of Enclave 59, which i.
located immediately north of the L-32 Canal, and immediately 80uth ot
Lake Ida Road, between Congre.. Avenue and the Lake Worth Drainage
Dhtrict Canal '3-1/2, in operaUon under Palm Seach County Code
requirements a. of November 8, 1988 are permitted to continue operating
under Palm Seach County Code requirements concerning hours of operation
for 20 years from the date of adoption of Ordinance 125-88. Should Palm
Beach County Code requirements concerning hour. Of operation change 80
that the Palm Beach County Code conform. to the City of Delray Beach
Code of Ordinances SecUon 113.15, the non-conformity .hall cease and
Delray aeach City Code of Ordinance. Section 113.15, as may be amended,
shall apply.
Section 2. That nothing in this action .hall affect any of
the terms, conditions, or requirement. of the Delray Beach Enclave Act
a. to other regulations affecting continuing use..
~.ction J. That all ordinance. or part. of ordinances in
conflict herewith be, and the lame are hereby repealed.
..
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 10.92 10:3~ P.Ü"
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Section 4 . That should any section or provision of this
ordinance or any port.t.on thereot, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
dec!sion shall not at fect the valid1 ty of the rema1nder hereof al a
whole or part thereof other than the part declared t~ be invalid.
Section ,. That thil ordinance shall become eUecti ve
immediately upon pa..age on .econd and final reading.
PASSED AND ADOPTED in regular ..s8ion on second end final
reading on thi8 the day of , 1992.
MAYOR
A'1"I'BSTI
City Clerk
Pint Reading
Second Reading
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ORC. NO. 6-92
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