07-28-92 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 28. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited
to three minutes or less (10 minutes for group presentations) .
The Mayor or presiding officer may adjust the amount of time
allocated at his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed i te,ms should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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City Commission
Regular Meeting
7/28/92
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of None.
6. Proclamations:
A. Clown Week - August 2 through 8, 1992
B. Heroic Acts - Mr. Richard Ouano - May 9, 1992, Mr. Mike
Lakowski - July 10, 1992, Mr. Brian Johnson - June 25, 1992 and
Mr. Andrew Berg and Mr. John M. Cole - May 8, 1992.
7. Presentations:
A. Allstate Foundation Award of $15,000 to the Community
Policing Unit.
8. Consent Agenda: City Manager recommends approval.
A. INITIATION OF REZeNING AND CeNDITIONAL USE ACTION:
Authorize staff to initiate rezoning of Lot 1-6, Block 44, Town
of Linton Plat from R-1A (Single Family Residential) to CF
(Communi ty Facili ties) and a conditional use application
associated with expansion of the municipal tennis center.
B. INITIATION OF CORRECTIVE REZONINGS: Authorize staff to
initiate corrective rezoning considerations emanating from
review work on recent Future Land Use Map Amendments.
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City Commission
. Regular Meeting
7/28/92
C. REOUEST FOR WAIVER OF FINANCIAL GUARANTEE/DRUG ABUSE
FOUNDATION: Approve a request from the Drug Abuse Foundation
for waiver of the provision for financial guarantee for
installation of public improvementsj subject to the submittal of
a 10% letter of credit.
D. AMENDMENT NO. 2 TO THE UaAG AGREEMENT ANa PURCHASE AND
SALE AGREEMENT/AUBURN TRACE: Approve Amendment No. 2 to the
UDAG Agreement which extends the due date for the second payment
from March 1992 to December 31, 1992 and Amendment No. 2 to the
Purchase and Sale Agreement which extends the due date for the
payment due on June 30, 1992 to December 31, 1992 for Auburn
Trace, Ltd.
jE. AUTHORIZATION TO SUBMIT A GUNT APPLICATION: Authorize
staff to submi t a grant application to the Solid Waste
Authority for grant funding in the amount of approximately
$54,848 to expand our recycling and related educational
programs.
/ F. AUTHORIZATION TO SUBMIT A GRANT APPLICATION: Authorize
staff to submit a grant application to the Palm Beach County
Sports Authority for funding in the amount of $25,000 to 'defray
expenses associated with the Women's Tennis Association
Tournament being held in Delray Beach in 1993.
/ G. AUTHORIZATION TO TRANSFER FUNDS/1991 WATER AND SEWER
REVENUE BOND AND AWARD OF BID: Authorize staff to transfer
interest earnings in the amount of $131,995 from the 1991 Water
and Sewer Revenue Bond (Account No. 447-0000-361-10.00) to
Former Enclave Areas line item (Account No. 447-5167-536-60.31)
and award the bid to Tiger Construction Co. in the amount of
$125,710 for construction of the Lake Ida Lift Station and
Sanitary Sewer project.
/ H. CHANGE ORDER Ne. 1/SEA TURTLE CONSERVATION CONTRACT:
Approve a change order in an amount not to exceed $15,808 to the
contract with Dr. John Fletemeyer for relocation of sea turtle
nests in conjunction with the Beach Nourishment projectj with
funding from Beach Restoration Fund - Erosion Control (Account
No. 332-4164-572-34.38).
j I. I DEDUCT CHANGE ORDER NO. 2/REOUEST FOR FINAL PAYMENT -
METRA INDUSTRIES. INC. : Approve a deduct change order in the
amount of $11,620.08 to the contract with Metra Industries, Inc.
and' approve final payment in the amount of $39,246.39 for
completion of the Pineridge/Church of the Palms Water Main
Extension Project with funding from 1991 Water and Sewer Revenue
Bond - Water Distribution Improvements (Account No.
447-5174-536-61.78).
J J . DEDUCT CHANGE ORDER NO. 1/REOUEST FOR FINAL PAYMENT -
A.O.B. UNDERGROUND: Approve a deduct change order in the
amount of $6,386 to the contract with A.O.B. Underground, Inc.
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City Commission
Regular Meeting
7/28/92
and approve final payment in the amount of $5,961.70 for
completion of the Stormwater Drainage Improvement Phase I with
funding from Stormwater Utility Fund - Drainage Phase I
(Account No. 448-5411-538-62.16).
K. CANCELLATION OF CONTRACT FOR ARCHITECTURAL SERVICES /SIMON: I
Cancel the contract for architectural services with Roy Simon to
develop a tennis center at Lake Ida Park.
L. CANCELLATION OF AGREEMENT WITH PALM BEACH COUNTY/TENNIS I
CENTER: Cancel the lease agreement with Palm Beach County for
the development of a tennis center on County land located at
Lake Ida Park.
~ M. RESOLUTION NO. 68-92: A resolution authorizing the
acquisition of Lots 7-16, Block 44, Town of Delray Beach
(McGrew property) for the public purpose of expanding and
improving the Municipal Tennis Center.
~N. RESOLUTION NO. 69-92: A resolution authorizing the
acquisition of Lots 1-6, Block 44, Town of Delray for the public
purpose of expanding and improving the Municipal Tennis Center.
) O. RESOLUTION NO. 77-92: A resolution assessing the cost for
abatement action necessary to demolish an unsafe structure at
236 (A, B & C) S.E. 3rd Avenue.
J P. RESOLUTION NO. 78-92: A resolution assessing the cost for
abatement action necessary to demolish an unsafe structure at
232 and 232 1/2 S.E. 3rd Avenue.
j Q. RESOLUTION NO. 79-92: A resolution assessing the cost for
abatement action necessary to board up an unsafe structure at
1408 S.W. 22nd Avenue.
i R. ~ESOLUTION NO. 81-92: A resolution assessing the cost for
abatement action necessary to board up unsafe structures at
1010, 1014, 1018 and 1022 Mango Drive.
j S. RESOLUTION NO. 81-92: A resolution assessing the cost for
abatement action necessary to remove motor vehicles from five
properties located within the City.
jT. RESOLUTION NO. 83-92: A resolution commending the
Atlantic Coast District Dental Society for its commitment to theJ
improved health care of Florida citizens through its founding
and support of "Project Dentist Care".
J U. DONATION OF OLD POLICE/STAFF CARS: Authorize staff to
donate old police/staff cars to the Citizens Observer Patrol
Program.
V. AWARD OF BIDS AND CONTRACTS:
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City Commission
Regular Meeting
7/28/92
1. Landscape Maintenance - South Federal Highway/Congress
Avenue - '.rare Landscaping in the amount of $11,550 with
funding from Beautification Trust Fund - Maintenance
Contracts (Account No. 119-4144-572-33.49).
2 . Lighting - Atlantic High School and Pompey Park - The
Power Associates, Inc. in the amount of $232,000 with
funding from Decade of Excellence Bond Issue - Atlantic
High School Ballfield Lights (Account No.
225-4147-572-61.65) and Pompey Ballfield Lights (Account
No. 225-4172-572-61.66).
3. Housing Rehabilitation - various properties and
contractors as indicated below; with funding from Community
Redevelopment Block Grant - Housing Rehab (Account No.
118-1963-554-60.23) :
-246 S.W. 13th Avenue - Intercontinental Construction
Co. - $16,945
-238 S.W. 5th Avenue - Abisset Corporation - $15,702.75
4. Housing Rehabilitation - various properties - MJD
Construction Service in the amounts indicated below; with
funding from Community Redevelopment Block Grant - Housing
Rehab (Account No. 118-1963-554-60.23):
-1327 Lee Street - $11,529
-316 S. Swinton Avenue - 12,542.25
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 July 20,
1992 through July 24, 1992.
B. CONDITIONAL USE APPROVAL: Consider a request for
~ conditional use approval to establish a Resource Recovery
~FacilitY in the MIC (Mixed Industrial - Commercial) zone
.~~ district at N.W. 1st Street, west of Congress Avenue. Planning
~\ and Zoning Board recommends denial (5-2 vote).
j C. REt)UEST FOR WAIVER OF PERMITTING FEES: Consider a request
for the waiver of permitting fees for Griffin Gate. Staff
recommends denial.
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D. REOUEST TO H.LD PEACH UMBRELLA FESTIVAL: Consider a
request from the Peach Umbrella Association to hold their
annual Fall Festival on October 31, 1992 from 8: 30 a.m. to 6:00
p.m. City Manager recommends approval.
E. NEIGHBORHOODS TASK TEAM FINAL REPORT/RESOLUTION NO.
~ Accept and file the final report from the Neighborhoods
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Regular Meeting
7/28/92
Task Team and consider Resolution No. 82-92 which authorizes the
NTT to reconvene in January 1993 and sunset on July 31, 1993.
Staff recommends approval.
~F. RESIDENT PROJECT REPRESENTATIVE SERVICES/DIGBY BRIDGES:
)? ~. Consider authorizing resident project representative services
~ under the contract with Digby Bridges, Marsh and Associates in
~ an amount not to exceed $60,000 in conjunction with the
S~.\: development of the Tennis Center/Stadium; with funding from
, General Construction Fund Tennis Center/Stadium (Account No.
334-4145-572-63.41).
.-G. SETTLEMENT OFFER/EMIDIO PAPA: Consider accepting an offer
of settlement from Emidio Papa in the amount of $4,500 to settle
pending litigation against the City. City Attorney's office
recommends approval.
vH. SETTLEMENT OFFER/RICCIO: Consider accepting an offer of
settlement from Vincent Riccio in the amount of $6,500 to settle
pending litigation against the City. City Attorney's office
recommends approval.
.fl. SETTLEMENT OF EMINENT DOMAIN PROCEEDINGS/TUPPEN: Approve
a offer of settlement from Sherman L. Tuppen and Ronald E.
Tuppen in the amount of $25,000 plus $750 in attorney's fees to
settle eminent domain proceedings for acquisition of Parcel E
located north of S.D. Spady Elementary School. City Attorney's
office recommends approval.
/J. APPOINTMENT OF OUTSIDE COUNSEL/HOLLIS: Appoint Fred
Gelston of Gelston and Damsel, P.A. to represent the City in the
Hollis vs. the City of Delray Beach litigation. City Manager
recommends approval.
A. CHANGE ORDER NO. 2/GATEWAY CONSTRUCTION CO. : Approve
Change Order No. 2 in the amount of $4,326.88 to the contract
with Gateway Construction Co. for interior fiberglass lining of
two existing sanitary manholes; with funding from Enclave Water
and Sewer Phase I (Account No. 447-5167-536-60.31). City
Manager recommends approval.
L. CHANGE ORDER NO. 2/JACK HARDY. INC: Approve a change
order to the contract with Jack Hardy, Inc. in the amount of
$62,828.94 and which extends the contract completion date by 14
days to remove existing 15 inch VCP from Manhole #7 to Manhole
# 113 and existing Manholes #7, 112, and 113 and install new 15
inch SDR 35 gravity main and replacement manholes in Block 117
in conjunction with the caD Alleyway Reconstruction project;
with funding from Water and Sewer Renewal and Replacement -
Manhole Rehab (Account No. 442-5178-536-61.84). City Manager
recommends approval.
M. CHANGE ORDER NO. 6/ELKINS CONSTRUCTORS. INC. : Approve a
change order in the amount of $74,800.91 for the conversion of
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City Commission
Regular Meeting
7/28/92
three clarifiers to lime softening reactor units; with funding
from 1991 Water and Sewer Revenue Bond - Buildings(Account No.
447-5164-536-60.31). City Manager recommends approval.
/N. WATER LINE REPLACEMENT BID AWARD: Approve the award to
Johnson - Davis, Inc. , one of our emergency contractors, a
project in the amount of $46,489 for the installation of water
lines on N.W. 13th Street; with funding from Water and Sewer
Renewal and Replacement - Water Distribution Improvements
(Account No. 442-5178-536-61.78). City Manager recommends
approval.
vib. APPOINTMENT OF FOUR MEMBERS TO THE EDUCATION BOARD:
Appoint four members to the Education Board to fill the expiring
terms of Robert French, Kathy Anderson, John M. Jackson and
Loren Sheffer.
P. FISCAL YEAR 1992/93 BUDGET: Presentation of the FY
1992/93 Operating and Capital Improvement Budgets; and, set the
proposed millage rate.
J2. HEALTH INSURANCE PREMIUMS: Consider an increase in the
premiums for dependent health insurance coverage; to be
effective October 1, 1992. City Manager recommends approval.
~. Public Hearings: None.
1I. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
VA. City Manager's response to prior public comments and
inquiries.
~. From the Public.
~2. First Readings: None.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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PROCLAJIA TIOS
WHEREAS, Clowns can make people forget their troubles,
their afflictions, their handicaps, and depressions: and,
WHEREAS, clowning encourages laughter in the young, the
old, the rich and the poor: and,
WHEREAS, whoever has seen the smile on the face of a
youngster or has heard the laugh of an elderly person, knows a love
deeper than can be vocally expressed: and,
WHEREAS, those who have seen sadness and despair disap-
pear and joy prevail are truly blessed. Clowns, with big red
noses, baggy clothes and a sense of humor, go into rest homes,
hospitals, retirement homes, institutions for the handicapped and
places where people need the joy that only they can deliver; and,
WHEREAS, Clowns are so vital to our parades and celebra-
tions, where they work wonders on helping the young and old smile
and laugh with them. Today, as always, clowns and the spirit they
represent are a symbol of vitality and happiness; and,
WHEREAS, the laugh-makers are truly blessed - they heal
the heart of the sad and lonely, asking nothing in return but a
smile or a laugh,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim August 2 - 8, 1992, as,
"CLOWN WEEK"
in the City of Delray Beach and encourage all citizens to recognize
the contributions made by these thoughtful and generous individu-
als.
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 28th day of July, 1992.
MAY 0 R
THOMAS E. LYNCH
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PROCLAJIA rIO.\
WHEREAS, on Saturday, May 9, 1992, at 6:26
P.M. , Mr. Ricerdo Ouano of 2173 Catherine Drive,
Apartment 2, was alerted to the smell of smoke coming
from Apartment 4 in the same building; and,
WHEREAS, Mr. Ouamo entered the apartment from
an open window and conducted a search of the dwelling;
and,
WHEREAS, upon finding no occupants, Mr. Ouano
then went to the stove where he found a pot of stew
that had been left unattended. He turned off the stove
and removed the burned pot from the apartment; and,
WHEREAS, the Fire Department was called and
responded to the alarm, but found the hazard had been
removed prior to their arrival; and,
WHEREAS, the occupant of Apartment 4, a
single mother of three children, returned shortly
thereafter to find what could have been a more serious j
situation had been neutralized by her neighbor,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of
the City of Delray Beach, Florida, on behalf of the
City Conunission, do hereby commend and honor RICERDO
OUANO for his heroic actions which were in the highest
and best traditions of outstanding community service.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Offical Seal of the City of Delray
Beach, Florida, to be affixed this 28th day of July,
1992.
MAYOR
THOMAS E. LYNCH
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PROCLAJtA TIOS
WHEREAS, on July 10, 1992, the Delray Beach
Fire Department responded to a tractor trailer accident
on I-95, south of Linton Boulevard; and,
WHEREAS, upon arrival, they saw that the
tractor trailer had pinned a small car under its front
wheels trapping the female driver of the vehicle; and,
WHEREAS, a bystander, Mike Lakowski of 14560
Sunset Pines Drive, Delray Beach, was rendering
assistance to this woman by stabilizing her neck inside
the vehicle to keep any additional spinal injuries from
happening or any current spinal injuries from becoming
worse,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of
the City of Delray Beach, Florida, do on behalf of the
City Conunission, do hereby conunend and honor MIKE
LAKOWSKI for his heroic actions which were in the
highest and best traditions of outstanding conununity
service. l
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 28th day of July,
1992.
MAYOR
THOMAS E. LYNCH
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PROCLAMA TIOlv'
WHEREAS, on June 25, 1992, an elderly
disabled man, Al Diss, fell into a pool located at his
home on Vista Del Mar Drive; and,
WHEREAS, despite the efforts of his wife to
keep him afloat, Mr. Diss, who has a tracheotomy, was
still drowning because he was taking water through his
neck: and,
WHEREAS, several neighbors heard the woman's
screams for help, including an off-duty Palm Beach
County Fire-Rescue worker, Brian Johnson; and,
WHEREAS, Brian Johnson pulled Mr. Diss out of
the pool
and started to give him artificial respiration; and,
WHEREAS, when police and fire-rescue workers
arrived, Mr. Diss was sitting on a patio lounger, fully
conscious and breathing on his own,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of
the City of Delray Beach, Florida, on behalf of the
City Commission, do hereby commend and honor BRIAN
JOHNSON for his heroic actions which were in the
highest and best traditions of outstanding community
service.
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 28th day of July,
1992.
MAYOR
THOMAS E. LYNCH
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PROCL-tJIA TIOS
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WHEREAS, on May 8, 1992, an incident occurred
on 1-95 involving a tractor trailer and another
vehicle; and,
WHEREAS, the tractor trailer was on fire and
presented a life threatening situation; and,
WHEREAS, Andrew Berg and John M. Cole, III,
were involved in the successful rescue of the three
women who were trapped in the car underneath the
tractor trailer,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of
the City of Delray Beach, Florida, on behalf of the
City Conunission, do hereby conunend and honor ANDREW
BERG for his heroic actions which were in the highest
and best traditions of outstanding conununity service.
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 28th day of July,
1992.
MAY 0 R
THOMAS E. LYNCH
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PROCLAJ.JA TIOX
WHEREAS, on May 8, 1992, an incident occurred
on 1-95 involving a tractor trailer and another
vehicle; and,
WHEREAS, the tractor trailer was on fire and
presented a life threatening situation; and,
WHEREAS, Andrew Berg and John M. Cole, III,
were involved in the successful rescue of the three
women who were trapped in the car underneath the
tractor trailer,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of
the City of Delray Beach, Florida, on behalf of the
City Commission, do hereby commend and honor JOHN COLE,
III, for his heroic actions which were in the highest
and best traditions of outstanding community service.
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 28th day of July,
1992.
MAYOR
THOMAS E. LYNCH
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300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 RICHARD G. OVERMAN
(407) 243-7888 Fax (407) 243-7816 Chief of Police
RECEIVED
MEMORANDUM JUN 1 8 '1992
CITY MANAGER'S OFFICE
TO: Robert A. Barcinski, Acting City Man~g~
FROM: Richard G. Overman, Chief of police~
DATE: June 17, 1992
SUBJECT: COMMISSION AGENDA/JULY 28. 1992
Allstate Foundation has awarded $15,000.00 to the Community
Policing Unit to be used toward the new substation in the
southwest section of the city. They would like to formally
present the check at the July 28th Commission meeting.
Please place this item on the agenda. Thank you.
RGOjMTW/ppt
COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE 7 · A ·
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trr1
SUBJECT: AGENDA ITEM i g.A - MEETING OF JULY 28. 1992
INITIATION OF REZONING AND CONDITIONAL USE ACTION
DATE: July 24, 1992
This item is before you to authorize staff to initiate rezoning and
conditional use actions associated with expansion of the municipal
tennis center. The action includes rezoning Lot 1-6, Block 44, Town
of Linton Plat from R-1A (Single Family Residential) to CF (Community
Facilities) and processing a conditional use application for a
stadium on City owned property.
Recommend authorization to initiate rezoning for Lots 1-6, Block 44,
Town 0 f Linton Plat and to initiate a conditional use application to
establish a tennis stadium on City owned property.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VID T. HARDEN, CITY MANAGER
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THRU: VID J. KOVACS, DIRECTOR
D~M~NT OF, ~LANNING AND ZONING
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FROM: PAUL DORLING, NER II
SUBJECT: MEETING OF JULY 28, 1992
INITIATION OF LAND USE ACTIONS ASSOCIATED WITH THE
TENNIS CENTER EXPANSION, REZONING AND CONDITIONAL USE
REQUESTS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
ini tiation of land use actions associated with the tennis
center expansion. The action includes rezoning of Lots 1-6
of Block 44 of the Town of Linton Plat from R-1A (Single
Family) to CF (Community Facility) and a Conditional Use
request for a stadium on City owned property.
Pursuant to Section 2.4.4, the City Commission or the
Planning and Zoning Board may initiate a rezoning of land.
BACKGROUND:
The property to be rezoned is located immediately north and west
of the existing City Tennis facility. The subject properties
are proposed to accommodate an expansion of the Delray Beach
Tennis Center. The subject lots currently contain 3 existing
single family homes. The City is currently seeking ownership of
the properties. As the current R-1A zoning district does not
allow tennis centers as a permitted or Conditional Use, a zoning
change to CF is being sought.
The Conditional Use request will seek approval of a stadium
within the tennis center.
RECOMMENDED ACTION:
By motion, initiate a change in zoning for Lots 1-6 of Block 44
of the Town of Linton Plat from R-1A to CF (Community Facility)
and initiate a Conditional Use request to establish a tennis
stadium within the municipal tennis complex.
PD/CCTENNIS.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 8-6. - MEETING OF JULY 28. 1992
INITIATION OF CORRECTIVE REZONINGS
DATE: July 24, 1992
During the recent review of Future Land Use Map Amendments staff
discovered four parcels on which corrective zoning action is
required. This item is therefore, before you for authorization to
initiate the necessary rezoning actions.
Parcel # 1, the Master Booster Pump Station, is located at the
southwest corner of N.E. 4th Avenue and N.E. 3rd Street. This site
is currently zoned CBD (Central Business District); with an existing
use as an off-site parking lot. The proposed use of booster station
is not permitted under the CBD zoning regulations, therefore, a
change in zoning to CF (Community Facilities) is recommended.
Additionally, it should be noted that at this time the property is
not under City ownership. Second reading of the ordinance will be
deferred until the property is under the City's ownership.
Parcel #2, the right-of-wayjaccess road and Rinker Frontage, is
located on the north and south sides of Atlantic Avenue, west of the
1-95 Interchange and S.C.L. Railroad. This site is currently zoned
GC (General Commercial) zone district which is inconsistent with the
land use designation of Commerce. Therefore, a change in zoning to
MIC (Mixed Industrial Commercial) is recommended.
Parcel #3, Single Family Home, is located at the southwest corner of
Brooks Lane and A-I-A. This site is currently RM (Medium Density
Residential) which is inconsistent with the land use designation of
Low Density Residential. Therefore, a change in zoning to R-lAA
(Single Family Residential) is recommended.
Parcel #4, Vacant Parcel, is located on Florida Boulevard,
immediately east of and adjacent to the Delray Plaza Shopping
Center. This site is currently zoned PC (Planned Commercial) zone
district which is inconsistent with the land use designation of
Transitional. Therefore, a change in zoning to RM (Medium Density
Residential) is recommended.
A detailed staff report is attached as backup material for this item.
Recommend authorization to initiate corrective rezonings for the
above parcels.
"
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~KO~CS' DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DIANE DOMINGUEZ, PLANNER III~iL \
FROM:
SUBJECT: MEETING OF JULY 28, 1992
INITIATION OF REZONING ACTION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiatinq a chanqe of zone on four parcels in various
locations throughout the City.
Three of the rezonings are necessary to provide consistency
between the Future Land Use Plan and the zoning
designations. The fourth action relates to the property
which is the future location of the Booster Master Pump
Station in the Central Business District. The four
properties are discussed in greater detail below, and are
illustrated in the attached location maps.
Item #l--Booster Master Pump Station
This property is located at the southwest corner of N.E. 4th
Avenue and N.E. 3rd Street and contains approximately .26 acres.
It is currently zoned CBD (Central Business District) and has a
land use designation of Commercial Core. The existing use is as
an off-site parking lot for the business located on the opposite
side of N.E. 4th Avenue. The proposed use is as a booster
station to replace the existing master lift station at Veteran's
Park. The proposed use is not permitted under the CBD zoning
regulations, therefore, a change of zone to CF (Community
Facilities) is required.
A site plan for the booster station has been accepted for
processing, but will not be formally approved until the CF
zoning is in effect. The Ci ty is currently in the process of
acquiring the property. While it is appropriate at this time to
initiate the rezoning action, the second reading of the
ordinance should be timed so that the rezoning does not take
effect until the property is under the City's ownership.
"
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City Commission Documentation
Initiation of Rezoning
Page 2
Item #2--Riqht-of-Way/Access Road and Rinker Frontaqe, North and
South Sides of Atlantic Avenue, West of 1-95 and the S.C.L.
Railroad
The subject properties consist of right-of-way and an access
road leading into an industrial park, and an area fronting on
the south side of Atlantic Avenue on the Rinker concrete site.
The parcels are zoned GC (General Commercial) and have a land
use designation of Commerce. The GC district is not an allowed
zoning under the Commerce land use designation, nor is it
consistent with the existing uses on the subject properties.
The GC zoning appears to have been placed on these properties in
error.
The surrounding properties are zoned MIC (Mixed Industrial and
Commercial), which is consistent with the Commerce land use. A
zoning designation of MIC is also appropriate for the subject
properties.
Item #3--Sinqle Family Homes, Brooks Lane and A-I-A
This item evolved from consideration of Plan Amendment 92-l.
The subject property consists of Lot 40 of the Delray Beach
Shores plat and is located at the southwest corner of Brooks
Lane and A-I-A. It is currently zoned RM (Medium Density
Residential) and has a land use designation of Low Density
Residential. The property has been developed as three single
family homes.
The RM zoning is not consistent with the Low Density land use
classification. A zoning designation of R-lAA (Single Family
Residential) is appropriate for this property.
Item #4--Vacant Parcel East of Delray Plaza
The subject parcel consists of Lots 34 through 43 of Block 36 of
the Del Raton Park Plat. It is located on Florida Boulevard,
immediately east of and adjacent to the Delray Plaza shopping
center. The property is zoned PC (Planned Commercial) and has a
land use designation of Transitional. PC zoning is not
permitted under a Transitional land use designation. The
property is currently vacant.
In 1988, the City Commission denied a request for a Conditional
Use to develop this property as storage in conjunction with the
Delray Plaza. The surrounding uses consist primarily of
commercial developments to the south and west (fronting on
Federal Highway) and multi-family residential to the north and
east (fronting on Florida Blvd. ) . As this parcel fronts on
Florida Blvd., and could not easily be developed in conjunction
with the Delray Plaza, it would be appropriate to change the
zoning to RM (Medium Density Residential), which is consistent
with a Transitional land use designation.
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City Commission Documentation
Initiation of Rezoning
Page 3
RECOMMENDED ACTION:
By motion, initiate the following rezoning actions as applied to
Items 1 through 4 as described above and as depicted on the
attached location maps:
Item #1: A change of zone from CBD (Central Business District)
to CF (Community Facilities)
Item #2: A change of zone from GC (Genera! Commercia!) to MIC
(Mixed Industrial and Commercial)
Item #3: A change of zone from RM (Medium Density Residential)
to R-lAA (Single Family Residentia!)
Item #4: A change of zone from PC (Planned Commercial) to RM
(Medium Density Residential)
Attachments:
* Location maps, Items 1-4
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i ~.~. - MEETING OF JULY 28. 1992
REOUEST FOR WAIVER OF FINANCIAL GUARANTEE REOUIREMENT
DATE: July 24, 1992
We have received a request for waiver of the required financial
guarantee for public improvements associated with the Drug Abuse
Foundation project located at the southwest corner of S. Swinton
Avenue and S.W. 4th Street.
At the June 23, 1992 regular meeting the Commission approved the
replat for the Drug Abuse Foundation property subject to the
condition that a financial guarantee for all public improvements be
provided prior to release of the plat for recording. A financial
guarantee equal to 110% of the improvement cost is required in-lieu
when improvements have not been constructed. The public improvement
to be constructed and guaranteed is a 1,679 linear foot sidewalk
which is estimated to cost $10,913. The required financial
guarantee amounts to $12,004.85. Once the improvement is accepted,
the construction portion ($10,913) would be returned to the
applicant. After one year the improvement is reinspected and if the
improvement is functioning satisfactorily, the one year guarantee
(.$1,091.35) is also returned.
If the sidewalk would have been installed, only the one year
guarantee would be required. However, as this is not the case the
entire guarantee is required.
Staff recommends that a partial waiver of the financial guarantee
requirement be granted and that the Drug Abuse Foundation be required
to submit a letter of credit in the amount of $1,091.35 to satisfy
the financial guarantee requirement for this project.
Recommend approval of the request for waiver of the financial
guarantee requirement for the Drug Abuse Foundation subject to the
condition that a letter of credit in the amount of $1,091.35 be
submitted to satisfy the financial guarantee requirement.
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~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
FROM:
II
SUBJECT: MEETING OF JULY 28, 1992
WAIVER OF FINANCIAL GUARANTEE REQUIREMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the waiver of the required financial guarantee
for public improvements associated with the Drug Abuse
Foundation.
The project is located at the southwest corner of South
Swinton Avenue and Southwest 4th Street.
BACKGROUND:
On April 24, 1991 the Site Plan Review and Appearance Board
approved a minor site plan modification for the Drug Abuse
Foundation, subject to conditions. One of those conditions was
to provide a replat of the property.
The replat was approved by the City Commission on June 23, 1992,
subject to the condition of providing a financial guarantee for
all public improvements pursuant to Code Section 2.4.10.
ANALYSIS:
The public improvement in question is 1,679 linear feet of
sidewalk. Based upon the certified cost estimate, the
improvement would cost $10,913.50 to construct.
The total financial guarantee required is $12,004.85, which
represents $10,913.50 for the construction and $1,091.35 for the
one year guarantee. Once the improvement is accepted, the
construction portion is returned to the applicant. After one
year the improvement is reinspected and if the improvement is
functioning satisfactory, the one year guarantee is returned
also.
If the sidewalk had been installed, only the one year guarantee
would be required. However, as this is not the case the full
amount has been requested.
'.
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City Commission Documentation
Waiver of Financial Guarantee
Page 2
In any event, the Commission may want to entertain not requiring
the full amount, but only a letter of credit for the one year
guarantee.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for the
waiver of Code Section 2.4.10, Financial Guarantees.
ALTERNATIVE COURSES OF ACTION:
1- Approve the request as submitted.
2. Deny the request with basis stated and require the full
guarantee to be submitted.
3. Require the submittal of a letter of credit in the amount of
$1,091.35 to be provided at this time and held for one year
after the improvement is installed.
RECOMMENDED ACTION:
By motion, approve a partial waiver of Code Section 2.4.10 and
require the Drug Abuse Foundation to submit a letter of credit
in the amount of $1,091. 35 to satisfy the financial guarantee
requirements for this project.
Attachment:
* Reduced Paving and Drainage Plan
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DRUG ABUSE July 20, 1l)lJ2
FOUNDATION Mr. Thomas Lynch
of Palm Beach County, Inc. City Manager
OffIcers City of Dclray Beach
Sue McMaster 100 NW First A venue
Presitktrl Delray Beach, FL 33444
Leo~ld Trirari, M.D.
ice Presitknl
Daniel Gewartowski, D.D.s. Subject: Waiver of Bond Requirement
T rea.surer
Dr. Emanuel Newsome Dear Mr: Lynch:
Secretary
Richard Siemens We have submitted an application for plat approval for the
Life Director property we own located at 400 S. Swinton Ave. That plat has been
Leon M. Weekes
Ufe Direcror recommended for approval subject to our posting a bond in the amount of .
Directors $12,004.85.
Oaudia A. Sweeney As you know, we are a community service agency that endeavors
Ernest G. Simon. Esq.
Lonozo Brooks to spend its funding on providing direct services to individuals and
Denny De Sio families who are in need of drug and alcohol treatment. We would like to
Pastor Lenard Johnson
William 1. Wood respectfully request that you allow us to submit a letter of assurance that
Constance Caloggero the outstanding site work will be completed as per requirement In order
Advisory Committee to avoid incurring additional expense to us, we would appreciate your
Howard Schwartz. Chairman accepting our letter of assurance instead of our posting a bond.
Mary McCarty
Richard Lincoln
Meril Stumberger When you have accepted our letter of assurance in the past, we
Nancy Hunt have never abused it. Once again, thank you so much for your support.
Wilfred Hawkins
Steven Abrams Should you have any questions regarding this request, please do not
Billie Linville hesitate to contact me at your earliest convenience.
Alton Taylor, M.Ed.
ChUf &ecllli"e Offaeer Respectfully.
TREATMENT PlOGlAMS
Screening, Evaluation. and Drug Abuse Foundation of Palm Beach County, Inc.
Case Management '~~
Residential Services Ii!.- ' .{ , .
Outpatient Services
DaylNight Services
Family Services Alt~~ Taylor / (
CRIMINAl. Juma PlOGlAMS Executive Director
Sheriffs Drug Farm [\) If'tf' ~ rr ~ '1 fr\!Th
Civil Drug EvaluatioDS ,';.l, .,,1;-\: ,', J ,~
AT/gI .: l:)'~-.'" ~ U ~ In,
Department of Corrections U\1 ~ '--~;
U.S. I>eparbneDt of Jusnce cc: Mr. David Harden. City Manager
PREVENTION PROGIAMS Mr. David Kovacs, Planning & Zoning JUl 21 1992
ALPHA I Program cl;lIellc..\dbreq PLANN1!',!G & ZOf\!.N(;
ALPHA n Program
ALPHA m Prop-am
BETA Program
Early Intervention
Outreach Program
. IlIJ "Partnership 200o-lndomitable Spirit for Change"
--. . <tOO S. Swinton Avenue . Delray Beach. FL 33...... . TEL: <107/278-0000 and 407/732-0800 . FAX: 276-885
"
#
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t!Jz1
SUBJECT: AGENDA ITEM i tJ) - MEETING OF JULY 28. 1992
AMENDMENT NO. 2 UDAG AGREEMENT AND PURCHASE SALE AGREEMENT
AUBURN TRACE
DATE: July 24, 1992
This item is before you to approve Amendment No. 2 to the UDAG
Agreement and Amendment No. 2 to the Purchase Sale Agreement with
Auburn Trace Ltd. which extends the due dates of October 15, 1991
and June 30, 1992 respectively for loans granted under those
agreements to December 31, 1992.
Pursuant to the UDAG Agreement, Auburn Trace Ltd. is required to
make an annual payment in the amount of $51,200 on or before October
15th. The second payment of $51,200 was due in October 1991. The
Commission previously agreed to defer that payment until March 1992.
Subsequently, we have received a request from Auburn Trace Ltd.
requesting an additional extension of the payment due date until
December 31, 1992. The reason for this request is to allow
additional time for Auburn Trace Ltd. to secure a mortgage.
Pursuant to the Purchase and Sale Agreement an annual payment of
$25,000 is due on or before June 30th. Auburn Trace Joint Venture
is requesting an extension to December 31, 1992, for this payment as
well.
The City Attorney's Office has reviewed this request and finds that
it would be in the City's best interest to grant these extension
requests.
Recommend approval of Amendment No. 2 to the UDAG Agreement and
Amendment No. 2 to the Purchase and Sale Agreement with Auburn Trace
Ltd. which extends the payment due dates from October 15, 1992 and
June 30, 1992 respectively to December 31, 1992.
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"
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE ~IIlJ :,\\, 1S1 r\\L\l;E . DELRAY BEACH, FLORIDA 33444
F:\CSI\!ILE 4(17 :':~-';7~5 Wr~t_r'. D~r_ot L~n_
(407) 243-7090
MEMORANDUM
Date: July 17, 1992
To: City Commission
From: David N. T01ces, Assistant City Attorne~
Subject: Amendment to UDAG Agreement Between City of Delray
Beach and Auburn Trace Joint Venture
Auburn Trace Joint Venture requested an extension of time for
the payment of the annual payment of $51,200, which was due on
March 15, 1992. After reviewing the request and supporting
documents, it is staff's opinion that it would be in the City's
interest to grant this extension until December 31, 1992.
Therefore, for your approval is the attached amendment to the
UDAG Agreement. As a result of this amendment, Auburn Trace
will paY-the $51,200 payment on or before December 31, 1992.
If you have any questions, please call. . . , .
DNT:sh
Attachment
cc: David Harden, City Manager
Cbaryl Leveret., Agenda Coordinator
Lula Butler, Director of Community Improvement
Joseph Safford, Finance Director
"
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AMENDMENT NO. 2 TO UDAG AGREEMENT
THIS AMENDMENT NO. 2 to UDAG Agreement, is made this
day of , 1992, by and between the CITY OF DELRAY
BEACH, a Florida municipal corporation, (hereinafter referred ,
to as "City"), and AUBURN TRACE, LTD. , a Florida limited
partnership (hereinafter referred to as "Auburn Trace").
WIT N E SSE T H:
WHEREAS, the City is a recipient of an Urban Development
Action Grant ("UDAG") #B-88-AAOI2-0099(P) from the United
States Department of Housing and Urban Development ("HUD"),
pursuant to a UDAG Grant Agreement dated February 4, 1988,
together with all amendments and modifications thereto ( "UDAG
Agreement"), which UDAG Agreement is incorporated herein by
reference, in the amount of Three Million Eight Hundred Forty
Thousand Dollars ($3,840,00), and the Ci ty has lent such'UDAG
funds (the "UDAG Loan") to the Developer; and
WHEREAS, pursuant the UDAG Agreement, annual payment of
Fifty-One Thousand Two Hundred Dollars ($51,200.00) are due
annually on or before October 15 of the current year; and
WHEREAS, the City and Auburn Trace have previously agreed
to exteIrd- the payment due October 15, 1991 until March IS,
1992; and
WHEREAS, Auburn Trace and the City have agreed to provide
an extension for the payment of the October 15, 1991 payment
until December 31, 1992; and
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledge, and the
mutual obligations of the parties as hereinabove set forth, the
parties hereto agree as follows:
1. Pursuant to Paragraph IV ( c) ( 3 ) (G) , the repayment
which was due on March IS, 1992 shall be due and payable on or
before December 31, 1992.
2. That all other terms and conditions of the Agreement
da ted June 29, 1989, between the parties, except as may be in
conflict with this Amendment No. 2, shall be in effect by this
Amendment and shall remain in full force and effect.
'"
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IN WITNESS WHEREOF, the parties hereto have entered into
this Amendment No. 2 as of this day and year first above
written for the city of Delray Beach.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Thomas Lynch, Mayor
,
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
AUBURN TRACE, LTD.
WITNESSES:
By:
(Type or print name)
(Type or print name)
STATE OP-E:LORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1992 by ,
partner (or agent) on behalf of ,
a partnership. He/She is personally known to me/or has
produced (type of identification)
and did (did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
2
"
.
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[IT' DF DElRAY' BEA[H
CITY ATTORNEY'S OFFICE 2110 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACS1:-'lILE ~(J7.27S'4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM I
Date: July 17, 1992
To: City Commission
;--<_:0>
From: David N. Tolces, Assistant City Attorne~
Subject: Amendment to Purchase and Sale Agreement Between
City of Delray Beach and Auburn Trace Joint Venture
Auburn Trace Joint Venture requested an extension of time for
the payment of the annual payment of $25,000, which was due on
June 30, 1992. After reviewing the request and supporting
documents, it is staff's opinion that it would be in the City's
interest to grant this extension until December 31, 1992.
Therefore, for your approval is the attached amendment to the
Purchase and Sale Agreement. As a result of this amendment,
Auburn Trace will pay the $25,000 payment on or before December
31, 1992.
If you have any questions, please call.
DNT: sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Agenda Coordinator
Lula Butler, Director of Community Improvement
Joseph Safford, Finance Director
"
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AMENDMENT NO. 2 TO PURCHASE AND SALE
AGREEMENT DATED JANUARY 15, 1989 BETWEEN
THE CITY OF DELRAY BEACH AND AUBURN TRACE, LTD.
THIS AMENDMENT NO. 2 made and entered into this _ day
of , 1992, by and between the CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation, (hereinafter
referred to as "City"), and AUBURN TRACE, LTD. , a Florida
limited partnership (hereinafter referred to as "Auburn
Trace") .
WIT N E SSE T H:
WHEREAS, the City and Auburn Trace have entered into an
agreement entitled Purchase and Sale Agreement dated January
15, 1989 to provide for the sale and development of certain
lands; and
WHEREAS, Auburn Trace Joint Venture is the general partner
of Auburn Trace, Ltd. ; and
WHEREAS, Auburn Trace is named as the developer in the
City's UDAG Agreement with the Department of Housing and Urban
Development ("HUD"); and
WHEREAS, Paragraph 2(b) of the Purchase and Sale Agreement
requires an annual payment of Twenty-Five Thousand Dollars
($25,000.00) to be made on June 30, 1992; and
WHEREAS, both parties desire to extend the date for
payment of Twenty-Five Thousand Dollars ($25,000.00), which was
due on June 30, 1992 to December 31, 1992; and
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
and the mutual covenants, promises and representations herein,
the parties hereto agree as follows:
1. That the City grants an extension for the payment of
the Twenty-Five Thousand Dollar ($25,000.00) annual payment
which was due on June 30, 1992 to December 31, 1992.
2. That all other terms and conditions of the agreement
dated January 15, 1989 between the parties, except as may be in
conflict with this Amendment No. 2, shall be in effect by this
amendment and shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have entered into
this Amendment No. 2 as of this day and year first above
written for the City of Delray Beach.
CITY OF DELRAY BEACH, FLORIDA
.
ATTEST: By: --
Thomas Lynch, Mayor I
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
AUBURN TRACE, LTD.
WITNESSES:
By:
(Type or print name)
(Type or print name)
STATE O~LORIDA
COUNTY OF PALM BEACH ;
The foregoing- instrument was acknowledged before me this
day of - ;- 1992 by . . ~- I
partner (or agent) on behalf of ,
a partnership. He/She is personally known to me/or has
produced (type of identification)
and did (did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
2
".
, ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'J1.
SUBJECT: AGENDA ITEM i ~.E. - MEETING OF JULY 28. 1992
AUTHORIZATION TO SUBMIT GRANT APPLICATION/RECYCLING PRO-
RAM
DATE: July 24, 1992
This item is before you to authorize staff to submit a grant
application for funding in the amount of $54,848 from the Solid Waste
Authority.
This is the fifth and final year that established grant funding will
be available to assist municipalities in the development and
expansion of local recycling programs. Currently, 16,090 single
family homes are participating in our recycling program. Last year,
11,519 dwelling units joined in participation.
For year five, staff intends to continue to strengthen our current
programs as well as concentrate on commercial recycling and a
mulching program.
Recommend authorization to submit a grant application to the Solid
Waste Authority for funding in the amount of $54,848 to support our
recycling program.
..
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Agenda Item No.:
AGENDA Rg20EST
Date: -----1uly 20. 19<n
Request to be placed on:
XX Regular Agenda (Consent)
Special Agenda
Workshop Agenda When: July 28. 1992
Description of item (who, what, where, how much): Request City Commission
approval to submit grant application to the Solid Waste Authority for YP~T ~
funding of the City's Recycling Program. We anticip.qte funning at last years
level of $54.848. These funds will be used to expand our recycling ~nn Tel.qtpn
educational programs.
(Example: . Request from Atlantic' High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: To approve submission of application
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
t71~~~ "..-. ......
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
~
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
"
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ,
SUBJECT: GRANT FUNDING OF CITY'S RECYCLING PROGRAM
DATE: JULY 22, 1992
ITEM BEFORE THE COMMISSION:
- -
Request City Commission approval to submit grant application to the
Solid Waste Authority for year 5 funding for the City's Recycling
Program.
BACKGROUND:
This is the fifth and final year that established grant funding will
be available to assist municipalities in the development and
expansion of local recycling programs. We are pleased with the
results of our programs. Currently, our program includes 16,090
single family homes for recycling glass, plastic, aluminum and
newspaper. Last year, our efforts were expaned to multi-family
buildings with 11,519 dwelling units now participating.
For year five, we intend to continue to strengthen our current
programs as well as concentrate on Commercial recycling and mulching
of yard and garden waste. We anticipate funding at last year's
level of $54,848.
RECOMMENDATION:
We recommend Commission authorize the submission of the grant
application to the Solid Waste Authority for year five funding for
the City's Recycling Program.
LB:DQ
D13
Recycgrt.CC
- I;.'
"
YEAR FIVE RECYCLING AND EDUCATIONAL GRANT APPLICATION
CITY OF DELRAY BEACH
I. PROGRAM TITLE
"Delray Beach Recycles"
II. PROGRAM SPONSOR
City of Delray Beach
III. PROGRAM CONTACT
Richard Bauer
Code Enforcement Administrator
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
(407) 243-7219
IV. PROGRAM OVERVIEW
We are pleased with the results of our efforts to date
and we are looking forward to continued acceptance,
cooperation and expansion in the future.
Delray Beach's curbside recycling program started in
April, 1989 with recycling containers provided to 800
single-family homes. At the current time, the program
includes approximately 16,090 single-family homes for
recycling glass, plastic, aluminum, and newspaper. In
1991, a program was begun to include dwelling units in
multi-family buildings in a newspaper, glass, aluminum
and plastic recycling program. As of May, 1992, 11,519
dwelling units in multi-family buildings are on a
recycling program. The City established a community
recycling drop-off program at City Hall for mixed
recyclables, newspaper and corrugated cardboard and a
governmental office paper recycling program.
Here are some key statistics to show the status of the
City's programs:
- For the period January, 1992 through May, 1992, a
monthly average of 48% of single family homes
participated in the curbside program. During the
above period, an average of 712,122 pounds per
month of recyclables was collected from curbside
and multi-family units.
"
"
- For the period January, 1992 through May, 1992, a
monthly average of 286 tons of vegetative
materials was collected and recycled as mulch.
The City's Code Enforcement Administrator is managing
the recycling programs while the City prepares to hire
a new recyling coordinator.
For Year Five, we will concentrate our efforts in the
following areas:
A. Commercial recycling.
B. City government use of recycled products will
continue. Consideration will be given to
purchasing products manufactured from recycled
materials for our public beaches and parks from
grant funding.
C. City government office paper and co-mingled
recycling will continue.
D. The educational component will be continued to
ensure continued participation by single and
multi-family dwellings. Backyard composting will
be encouraged.
E. Yard and garden waste will continue to be recycled
as usable mulch.
V. OPERATIONAL STRATEGY
Year Five strategy includes:
A. Multi-Family Unit Buildinqs
A recycling program for multi-unit residential
buildings for co-mingled glass, plastic and
aluminum and newspaper was established in 1991.
We will work toward improving participation in
Year Five.
B. Commercial Recyclinq
This program will provide education, promotion,
collection and disposal services to participating
businesses. A contract amendment between the City
and Waste Management authorizes Waste Management
to establish a voluntary recycling program.
C. City Government Use of Recycled Products
In Year Five, we will continue to encourage the
City to use recycled paper products. In addition,
we will consider utilizing some grant monies to
purchase products that are manufactured with
recycled materials such as park tables, park
benches, paving material, trash containers,
"
"
parking lot bumpers, etc. for highly utilized
public areas like beaches and parks.
D. Office Paper Recycling Program
The City has implemented a program for the
collection of office paper. Separate containers
are also provided for computer paper, newspaper
and aluminum cans. The aforementioned efforts are
in place at all governmental buildings and will be
continued and encouraged in Year Five.
E. Yard and Garden Waste; Composting
The City's contract hauler, Waste Management, has
begun to recycle yard and garden waste into
landscape mulch. In August, 1992, a separate
vegetative collection pick-up system will be
established for appropriate City residents.
Backyard composting will be encouraged.
At the current time, recycling programs are available
to virtually all residential units in the City.
VI. EDUCATIONAL STRATEGY
In Year Five, we intend to continue to increase
exposure to citizen, merchant and civic groups of
Delray Beach. Our plans include having information
booths at community events.
In addition to businesses, schools and civic groups,
promotional presentations and materials will be made
available to various homeowners and to apartment and
condominium groups to increase support for and
participation in City recycling programs.
Quarterly recycling updates and neighborhood news
circulars will be distributed to residential buildings.
We expect that our educational efforts will reach
virtually all residents of Delray Beach through visits
or mailings. New initiatives will be mad~ to encourage
vegetative recycling programs and backyard composting.
VII. MATERIALS RECOVERY ESTIMATES AND DISPOSITION
The Delray Beach residential recycling program consists
of two major elements: curbside and multi-family. For
the last five months, a monthly average of 712,122
pounds of co-mingled plastic, glass, aluminum and
newspaper was collected from approximately 16,090
single family units and 11,519 units in multi-family
,.
"
buildings. A monthly average of approximately 56,300
pounds of paper materials and other recyclables is
being collected from combined commercial accounts,
community drop-off facilities and office paper
containers at governmental buildings. These
recyclables are collected by Waste Management of Palm
Beach and transported to the Solid Waste Authority for
processing (except for office paper and corrugated
cardboard) . Additional recyclable materials will be
collected from those commercial firms participating in
the voluntary commercial recycling program. In each of
the last five months, approximately 286 tons of
vegetative matter were recycled as mulch.
VIII. PROJECT BUDGET Amount
A. Salaries and Related Expenses.......... $35,680
B. Operating Expenses:
F i 1m. . . . . . . . . . . . . . . . . . . . . . . . . . $ 600
Travel and Training .......... 1,950
Te 1 ephone . . . . . . . . . . . . . . . . . . . . . . . 550
Vehicle. . . . . . . . . . . . . . . . . . . . . . . . . 3,220
Postage, Express. . . . . . . . . . . . . . . . 3,700
Printing. . . . . . . . . . . . . . . . . . . . . . . . 2,000
Special Activities.............. 5,800
Subscriptions, Memberships...... 525
Other Office Supplies........... 1,150
General Liability Insurance..... 1,440
TOTAL OPERATING EXPENSES......... 20,935
TOTAL ESTIMATED BUDGET........... $56,615
The City will be requesting quarterly reimbursements in I
accordance with grant guidelines. Documentation will
be furnished with each quarterly report.
IX. RECYCLING PROGRAM PLANS AS OF OCTOBER 1, 1993
The City anticipates that a recycling coordinator will
be hired within the next months. We fully expect that
after the grant ends, the recycling coordinator
position and related expenses will be funded from City
revenue sources.
Our objectives after the grant funding ends will be
similar to those in place now:
1. Continued participation and expansion of
single, multi-family and commercial
recycling.
..
.
2. Increased recycling of vegetative matter.
3. Continued education and promotional efforts.
4. Meeting future priorities and goals as they
arise in the recycling area, particularly
waste stream reduction targets.
The time table for the above will be on-going.
Initiatives, policies, procedures and goals change and
the City will meet future challenges as they arise. We
are committed to recycling.
X. RELATED ORDINANCES OR CONTRACTS
Enclosed is a copy 0 f Ordinance Number 66-91, which
contains billing rates and related material for
curbside, multi-family and commercial recycling,
Ordinance 62-89, which relates to recycling bins and
the City contract with Waste Management.
XI. EVALUATIVE PROGRAM
A focus of our 1992-1993 recycling program will be
education relating to recycling vegetative matter, back
yard composting and commercial recycl'ing. Several mass
mailings will reinforce the recycling message. This
type of educational effort coupled with other public
relations components will increase the level of
participation. We review monthly statistics to
determine where improvements are needed.
XII. CONCLUSION
We are pleased with the response to and cooperation
with our efforts to date. Much work needs to be
accomplished. We feel that our plans for Year Five are
realistic and necessary.
For us to obtain the expected results, we need our full
share (and more, if possible) of the prorated funds
from the Educational and Recycling Grant Program. This
would equate to at least the amount obtained for Year
Four, $54,847.91.
"
. -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i Jr~ - MEETING OF JULY 28. 1992
AUTHORIZATION TO SUBMIT GRANT APPLICATION/TENNIS
TOURNAMENT
DATE: July 24, 1992
This item is before you to authorize staff to submit a grant
application for funding in the amount of $25,000 to the Palm Beach
County Sports Authority to defray expenses associated with the
Women's Tennis Association Tournament being held in Delray Beach in
1993.
The grant funding will be used to reimburse the City for certain
allowable rental and contractural expenses associated with the tennis
tournament. A list of proposed uses and their respective costs is
attached as backup material for this item.
Recommend authorization to submit a grant application to the Palm
Beach County Sports Authority.
..
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.
\
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Doug Randolph Q R.
Grants/Training Coordinator :r. vJ. E .
THRU: John W. Elliott Jr. (S~
Assistant City Manager/Support Services
DATE: July 20, 1992
SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT GRANT APPLICATION
TO THE PALM BEACH COUNTY SPORTS AUTHORITY TO OBTAIN FUNDING
FOR THE VIRGINIA SLIMS TENNIS TOURNAMENT.
As per the attached letter from the Palm Beach County Sports Authority
we are making formal application to obtain $25.000 to help defray City
expenses related to the upcoming Virginia Slims Tournament.
I am working on the application with the assistance of staff from Liddun
International who are providing economic impact and historic information
needed for the application. Information is also being provided by the
Delray Beach Chamber of Commerce.
Our request of $25,000 will be used to reimburse the City for certain
allowable rental and contractual expenses associated with hosting the
Virginia Slims Tennis Tournament. Attachment A and B lists these
potential costs.
While it is imperative that we have our legal staff review the terms and
conditions of the grant agreement and other requirements of this grant,
I would suggest that we submit the application as soon as possible to
allow us to be entered into the review process which began on July l.
Our legal staff will have ample time to consider these issues between
the time of submission and notification of award.
With the above in mind. I am requesting that this item be placed on the
July 28. 1992 regular City Commission meeting agenda.
attachments
DGR/sports
cc: Joe Weldon. Director of Parks and Recreation
..
PAlM HEi\CH COUNTY SP()J{T~ AUTl1CHUTY, 1t\;C.
1555 P^L'v11h':^Ull.^KL~ BLVlJ., ~LJIII~ 204, WEsr I',\LM Bh\UI, hUKILIA J3401
TI-HPJIONI:. (407) 233-1015 fACSIMILE: (407) 471.39C)O
May 26, 1992
Mr. David T. Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Dave:
The Screening Committee of the Palm Beach County Sports Authority,
Inc. has recommended approving up to $25,000 for the 1993 Virginia
Slims Tennis Tournament in Delray Beach. As part of our normal
grant process, the specific dollar amount and what it may be used
for \'1ill be further defined upon submittal of a formal grant
application from either the City or Liddun International.
Once the grant application has been reviewed by the Screening
Committee, their recommendation will be forwarded to the full
Authority for approval. Because we are funded by the TOe, we .have
limitations on what expenditures we may approve (i.e. marketing,
promotions, site fees, etc.). This would be clarified upon review
of the grant application. All support is, of course, subject to
availability of funds.
The Sports Authority looks f on>lard to working with the City in
hosting this event. If you have any questions, please feel free to
give me a call.
Sincerely,
-riyv... -s _u:~
Tom Seitz
Executive Director
Palm Beach 'County Sports Authority, Inc.
co: Richard Ellington
Rick Lamb
TH~ p, ^r~ Tn PLl\V
. . . -
ATTACHMENT A
COST ESTIMATES FOR TENNIS TOURNAMENT
SPONSOR'S/VENDORS TENTS: COST
A. 20 ea. 10 ft. x 10 ft. tents @ $150............ $3,000
20 set lights @ $25............................ $ 500
counter-tops
tables
chairs
TOTAL SPONSOR'S TENTS........ $3,500
RESTROOM FACILITIES:
REQUIRED: Ladies - 12 toilets and 7 wash basins
Men - 6 urinals, 6 toilets, and 7 wash
basins
A. 2 ea. "Crowd Pleasers" @ $2500................. $5,000
a. Ladies - 7 stalls and 2 wash basins
b. Men - 3 stalls, 5 urinals and 2 wash basins
B. GARBAGE SERVICE:
2 ea. 20 yd. dumpster @ $42/day................ $ 420
Trash removal - 20 loads @ $200................ $4,000
( 2 loads per day)
Truck and service 10 hrs/day................... $6,000
(100 hrs. @ $60 per hr.)
2 ea. handicap units @ $70/day ea.............. $1,400
TOTAL RESTROOMS........ $16,820
TEMPORARY FENCING:
Unit Price - 6 foot high fence
$1.25 per linear foot x 3000 feet.............. $3,750
1 - 20 foot wide double gate.................. $ 100
10 each Pedestrian gates @ $20 ea............. $ 200
TOTAL FENCING.......... $4,050
TOTAL COST ABOVE LISTED ITEMS............. $24,370
DGR/slims
'.
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ATTACHMENT B
FLORIDA GRANDSTAND, INC
1661 West 2nd A \'enue
Hialeah, Florida 33010
Phone: 888-3902
July 17, 1992
To: City of Del Ray Beach
Attention: Douglas Randolph
Dear Mr. Randolph,
As per our conversation this A.M. Here is the price quote
for the rental of bleacher seating for your upcoming Virginia
Slims Tournament. This price includes rental, erection and
dismantling. Prices are as follows:
4' High elevation up to 25 Rows $6.00 per seat
6-8' High elevation up to 25 Rows$lO.-$11.00 per se~t
.
These prices do not includes stairways. 4' High elevated
stairway (4' X 6') will cost an additional $250.00 each.
6'-8' High elevated stairways (4 X 6') will cost an additional
$500.00-$600.00 each.
If you have arry additional questions please feel free t 0, call.
Regards,
Gabe Rispoli
Potential need of 5200 bleacher seats at
$6.00 per seat = $31,200
'"
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 8 . 'f. - MEETING OF JULY 28. 1992
AUTHORIZATION TO TRANSFER FUNDS/1991 W&S REVENUE BOND -
AWARD OF BID/LAKE IDA LIFT STATION AND SANITARY SEWER
DATE: July 24, 1992
This item is before you to authorize staff to transfer interest
earnings in the amount of $131,995 from the 1991 Water and Sewer
Revenue Bond (Account No. 447-0000-361-10.00) to the Former Enclave
Areas line item (Account No. 447-5167-536-60.31) and to award the bid
to Tiger Construction in the amount of $125,710 for construction of
Lake Ida Lift Station and Sanitary Sewer project.
This project is a part of our continuing enclave improvement plan
which includes former enclaves located at Lake Ida Road, Germantown
Road and North Federal Highway. The Lake Ida Lift Station and
Sanitary sewer project was not included in the original scope of
services for enclave improvements at Lake Ida Road which was
awarded to Man-con, Inc. Staff attempted to negotiate this item
with Man-coni however, the price received exceeded staff's cost
estimate for the project. Therefore, staff recommends award of the
bid to Tiger Construction. It is estimated that approximately
$80,000 was saved by going to bid rather than negotiating this
project.
Recommend approval of the request to transfer interest earnings from
the 1991 Water and Sewer Revenue Bond and award the bid for the Lake
Ida Lift Station and Sanitary Sewer to Tiger Construction in the
amount of $125,710 with funding from 1991 Water and Sewer Revenue
Bond - Former Enclave Areas (Account No. 447-5167-536-60.31).
..
.
.
City of 081r8Y Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date July 22, 1992
(3) Interfundllnterdepartmental Transfer (4) Batch Number ~/CS0
(5) Requested By: George Abou-Jaoude, Deputy Director of Public Utilities
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
447-0000-361-10.00 1991 W&SInterest Earnings $131,995
447-5167-536-60.31 Former Enclave Areas $131,995
(10) TOTAL $131,995 $131,995
JUSTIFICATION: Transfer needed to fund Service Authorization No. 4 from CH2M Hill for
Lake Ida, Lift Station and Sanitary Sewer for provision of water and sewer service
to the former enclave areas. Tiger Cotlstruction Services, Inc. of Lake Worth was low
resDonsive/resDonsible bidder at $125,710 well below our cost opinion of $175,340.
Five (5) percent over the total cost is requested to cover any possible "unknowns"
which may arise during construction. Project No. 91-25.
Department Head ~.f tl:{/ o".,_~ e.C--o;er-J7i Z "3/?, 2- Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIAINAI -RI tnr-lFT r.ANARY-FII J: PI"'J(_nJ:PADTU~I\.lT
..
0_ Engineers fHV1RmH'1rH Tt\i ~rRVICE:;
- Planners 92 JUL 11 PM 4: 2S
~ Economists
_ Scientists RECEiVED
July 17, 1992
SEF30787. DO
Mr. William H. Greenwood
Director of Environmental Services
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Greenwood:
Subject: Provision of Water and Sewer Service to the Former Enclave Areas - Lake
Ida, Lift Station and Sanitary Sewer
Service Authorization No. 4
Eight bids were received on July 14, 1992, for the subject project. We are enclosing a
copy of the bid tabulation for your use. All bids are responsible and in the proper form.
Minor arithmetic errors, which do not affect the outcome, have been corrected on the
attached bid tabulations.
Tiger Construction Services, Inc. of Lake Worth, Florida was the low bidder for the
project in the amount of $125,710. This is well below our cost opinion of $175,340.
We have checked references of Tiger Construction and found that they have successfully
completed work of a similar nature, including current City projects. We recommend that
the City award the contract to the lowest responsible bidder, Tiger Construction Services,
Inc.
Please call if you have any questions.
Sincerely,
;:~
Brian A. Shields, P.E.
Project Manager
ab/l001136D.DFB
Enclosures
cc: Ted Glas/City of Delray Beach
John Curtiss/CH2M HILL
CH2M HILL Deerf/eld Beach Office 800 Foirway Drive, Suite 350 305.426.4008
Deerf/eld Beach, 407.737.6665
Florida 3344 1 Fax 305.698.6010
"" .. .
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. - .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i B'N - MEETING OF JULY 28. 1992
CHANGE ORDER NO. l/SEA TURTLE CONSERVATION CONTRACT
DA TE : July 24, 1992
This item is before is before you to approve a change order in the
amount of $15,808 to the contract with Dr. John Fletemeyer for the
Sea Turtle Conservation Project.
Prior to a firm dated being established to begin the Beach
Nourishment project staff authorized the relocation of sea turtle
nests which were established in the project area. However, as the
construction schedule has been moved to on or after October 15, 1992,
the further relocation of nests is not required at this time. Dr.
Fletemeyer has been advised to cease work and return to the original
scope of work for which he was contracted.
Recommend approval of Change Order No. 1 in the amount of $15,808 to
the contract with Dr. Fletemeyer for the relocation of sea turtle
nests; with funding from Beach Restoration Fund - Erosion Control
(Account No. 332-4164-572-34.38).
."
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oK
JY1
CITY COMMISSION DOCUMENTATION
TO: ~~id T. Harden, City Manager
THROUGH: aVi~~~ of Planning & Zoning
FROM: John Walker, Project coordinato~!'~~
SUBJECT: MEETING OF JULY 28, 1992
SEA TURTLE CONSERVATION PROJECT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of a change order to the Sea Turtle Conservation Project
contract with Dr. John Fletemeyer.
BACKGROUND:
In order to maintain scheduling flexibility for the Beach
Nourishment Project for as long as possible, Staff instructed
the contractor to relocate all sea turtle nests from the project
area beginning May 30, 1992. Since the height of turtle nesting
takes place in June and July, the bulk of the additional work
has been completed.
After the Commission's action to award the Beach Nourishment
project construction contract on July 21, 1992, Staff instructed
the Sea Turtle project contractor, Dr. John Fletemeyer to cease
the additional services and return to the original scope of work
in the contract.
The contractor has submitted a change order request for
additional services, including establishment of two relocation
sites, additional personnel, vehicles and hours of operation.
The cost of additional services is $15,808. for relocation of
all nests through August 1, 1992. In my opinion, this price
level is appropriate given the work involved. The total project
cost will be $25,800. Funding is available in the Beach
Restoration Fund.
RECOMMENDED ACTION:
By motion, approve a change order to the Sea Turtle Conservation
Project contract, in an amount not to exceed $15,808. for
additional services to relocate all sea turtle nests from the
project area of the Beach Nourishment Project from May 30, 1992
through July 23, 1992.
Attachments:
* proposal
* correspondence
T:TURTLE4.DOC
'.
Contract Revison:
To Include Sea Turtle Work Associated
With Proposed 1992 Beach Nourishment Project
TO: John Walker / Program Coordinator
100 NW 1st Ave.
Delray Beach, Fl. 33444
FROM: John Fletemeyer / Project Director ?f~
22 June 1992
DATE:
NARRATIVE:
Per your request, the 1992 Oelray Beach sea turtle
conservation and monitoring project has been expanded to in-
clude work associated 'with the proposed 1992 Oelray Beach
Nourishment Project. Mobilization for this work began on May
26, 1992 and work commenced on May 30, 1992.
This additional work involved establishing two new
hatchery relocation sites located approximately 600 feet
north of the north end of the public beach and approximately
1,000 feet south of Linton Blvd. Beginning May 30, All nests
in the designated project area are being relocated to one of
these two sites.
Additionally, the original two sites as well as the two
new sites are being closely monitored for hatchling emergences,
and the data collection effort has been expanded to include
all nesting between the north city limit south to the mark
located 1,000 feet south of Linton.
This additional work effort has required _ the use of two
4-wheel drive vehicles instead of one. One of these vehicles
is currently stored at the HOliday Inn for emergency use. Also
two full-time workers are being used each morning, along with
an on-call assistant.
Per the request of the project coordinator (Mr. John Walker),
the two price quotes are provided. The first involves assuming
that the nourishment will begin in August and the second takes
into account that the project will not begin until the sea turtle
nesting season has concluded.
Note that this quote is based on the fact that the work
effort varies significantly from month to month with June being
the most labor intensive month--the month with significantly
higher nesting activity than the other months.
option I: Monitoring until 1 AU9ust--Failure to
start Nourishment Project in August.
* Initial Mobilization (2 days) and $ 6,200.00
Montoring Deray Beach from April
20 to May 30, 1992. project area
from N. city limit boundary to
S. city limit boundary.
* project Mobilization to include 14,800.00
new southboudnary, 1,000 feet
south of Linton Blvd. Monitoring
from 30 May until 1 August, 1992.
* Reduction of monitoring to include 2,8000.00
orginal project boundaries. Monitoring
4 relocation sites--the two orginal
sites and the 2 required as an outcome
of the proposed nourishment project.
Monitoring from 1 August to the end
. of the nesting season.
* Final report preparation and writing 2,000.00
To be submitted by 14 November 1992.
Total $ 25,800.00
~
option II: Monitoring Until the expanded project area until
the end of the 1992 nesting season. Assumes
that project will start sometime in August.
* Initial Mobilization (2 days) and $ 6,200.00
Monitoring Delray Beach from April
20 to May 30, 1992. Project area
from N. city limit boundary to
s. city limit boundary.
* Project Mobilization to include new 19,242.00
south boundary, 1,000 feet south
of Linton Blvd.. Monitoring from
30 May until the end of the nesting
season.
* Final Report preparation and writing. 2,000.00
To be submitted by l4 November 1992.
TOTAL $ 27,442.00
. , .
[ITY DF DElRAY BEA[H
100 N IN 1s1 AVENUE . DElRAY BEACH FlO"IQ':' 33444 . 407 243 7000
July 23, 1992
Dr. John Fletemeyer
1331 Ponce de Leon Drive
Ft. Lauderdale, Florida 33316
RE: 1992 SEA TURTLE CONSERVATION PROJECT
Dear Dr. Fletemeyer:
The City Commission, at its meeting of July 21, 1992, awarded a
contract for construction of the Beach Nourishment Project.
Work on this project will begin after October 15, 1992.
Therefore, there is no longer a need to maintain the schedule
for a summer project.
Please cease the additional services directed in our letter of
May 21, 1992 and verbally authorized on May 28, 1992. These
services were to relocate all sea turtle nests from the Beach
Nourishment Project area in anticipation of a summer
construction schedule. Please return immediately to the
original scope of services in your contract.
We will process a change order request for the City Commission
meeting of July 28, 1992. Please let me know the final cost of
the additional services as soon as possible. Should you have
any questions, please calI me at (407)243-7321.
Sincerely,
I!~~
Project Coordinator
c: David Harden
David Kovacs
T:TURTLE3.DOC
T,<~ E::c.~:o'" A: .:..'.Y-:: M~TTr:::-,::
I".
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-
,
/ .... ,
~ :~ ,
(Ii~q J]~ ij~l~ij~ F]~"(H \\ '\.
"
, . c . ' ~ ,.] : . < ~ II ~ ':} -:" )
May 21, 1992
Dr. John Fletemeyer
1331 Ponce de Leon Drive
Ft. Lauderdale, Florida 33316
RE: 1992 SEA TURTLE CONSERVATION PROJECT
Dear Dr. Fletemeyer:
In our pre-work conference, we discussed the beach nourishment
project, planned to start August 1, 1992. Although the permit
problems involving timing restrictions are still unresolved, we
are hopeful the project can proceed on schedule.
If the construction is approved to begin August 1, we need to be
sure no sea turtle nests exist within the project area.
Therefore, please relocate all nests from the project area
beginning May 27, 1992. This will be 65 days prior to the start
of construction and should assure sufficient time for
incubation. The project area from which nests are to be
relocated is from a point 400' north of Atlantic Ave. to a point
1000' south of Linton Blvd. As we discussed previously, nests
should be relocated to the north end of the City, say from the
sailboat storage area north.
Please review the above relative to your contract and let me
know if any changes are required.
Sincerely,
/!.~~
Project Coordinator
c: David Harden
David Kovacs
Kim Beachler
JW/T:TURTL10.DOC
._.."._on..,,___~.____"._ _
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM i r:r. - MEETING OF JULY 28. 1992
DEDUCT CHANGE ORDER NO. li FINAL PAYMENT - METRA INDUST-
RIES. INC.
DATE: July 24, 1992
This item is before you to approve a deduct change order in the
amount of $11,620.08 and a request for final payment in the amount of
$39,246.39 from Metra Industries, Inc. The change order presents
miscellaneous plus/minus closeout changes based on field measured
as-built quantities. Staff has inspected this project and found it
to be satisfactorily complete.
Recommend approval of Deduct Change Order No. 2 and the request for
final payment in the amount of $39,246.39 from Metra Industries, Inc.
with funding from 1991 Water and Sewer Revenue Bond - Water
Distribution Improvements (Account No. 447-5174-536-61.78) .
..
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CHANGE ORDER
No.2, Final
Date , 19
-
Project No. 91-30
Project Name: Pineridge/Church of Pines Water Main Extension
Funding Source - (447-5174-536-61.78)
Owner: City of Delray Beach, Florida
Contractor: Metro Industries
Contract Date: September 6. 1991
To: .. Metro Industries. Inc. , Contractor
You are directed to make the following changes in the subject contract:
Miscellaneous plus/minus quantity changes to contract unit quantities based on final
as-built quantities.
which changes are more specifically described in the attached amended
plans, drawings, and specifications.
The reason for the change is as follows: actual as-built quantities differed from
estimated contract quantities.
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: $ 127.966.00
1 of 2
..
,.
.
CHANGE ORDER :it 2. Final
2 . Net decrease resulting from the change order: -$11.620.08
3 . Current contract price including this change order: $116.345.92
B. Contract Time
1. Contract time prior to this change order: 135 Calendar Days
2.. Net increase resulting from this change order: o Calendar Days
- 3. Current contract time including this change order: 135 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 , 19 . I
understand that all the provisions of the Contract Document related to
Project No. Q1-10 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:
Metro Industries, Inc. , CONTRACTOR
By:
As to Contractor Title
2 of 2
..
. ..
Project 91-30 Schedule "A"
Pineridge Rd/Church of the Palms
Water Main Extension
Change Order #2 Final
---------------------.------------------------------.------------------.-.----...-----..-.------------
ITEM ITEM DESCRIPTION Contract As-built +/- C.O. Unit
NO Qty Qty #2 Qty Price TOTAL
------.---.------.-----------.----------------...--------------------------.---------------------.....
A Plus/Minus As-built Qty Adjustments
Base Contract
1 8" DIP 2600 2426 -174 l f 23.08 -4015.92
2 8" Gate Valve 7 8 1 ea 400.00 400.00
3 6" Gate Valve 3 3 o ea 280.00 0.00
4 Furn & Install 4" Gate Valve 1 1 o ea 225.00 0.00
5 Furnish and Install Fire Hydrant 7 8 1 ea 1450.00 1450.00
6 Furn and Install 8" X 8" TS&V 2 2 o ea 1550.00 0.00
7 Furn and Install 6" X 6" TS&V 1 1 o ea 1250.00 0.00
8 Furn and Install 4" X 4" TS&V 1 1 o ea 850.00 0.00
9 Com to 2" Water Main 2 2 o ea 750.00 0.00
10 Furn and Install 6" J~r Com 1 1 o ea 1500.00 0.00
11 Construct Curbed Fire Hydrant Island 1 1 o ea 1500.00 0.00
12 Seacrest Blvd Asph P'ment Re~ir 1 1 o ls 2100.00 0.00
13 Construct Seacrest Shoulder ullnose 1 1 o ls 500.00 0.00
14 Testing Lab Allowance 1 19" -81Xls 7500.00 -6046.40
15 Video Recording Allowance 1 37X -63Xls 5000.00 -3160.00
Change Order #1 - Swinton extension
1 8" DIP 1051 1009 -42 lf 23.08 -969.36
2 8" Gate Valve 2 2 o ea 400.00 0.00
3 Fire Hydrant Assembly 2 1 -1 ea 1450.00 -1450.00
!+ 8" Comection 2 2 o ea 600.00 0.00
Misc Additions/Deletions
1 Core drill and sleeve drainage structure 1 ls 1799.50 1799.50
2 Relocate existing service 1 ls 612.00 612.00
3 Relocate hydrant at Swinton and Pineridge 1 ls 253.00 253.00
4 Add water services 1 ls 1844.10 1844.10
5 Relocate wet tap Q NW 19th and Swinton 1 ls 480.00 480.00
6 Sewer sewer re~lacement east of Seacrest 1 ls 183.00 183.00
7 Delete sidewal replacement on Swinton 1 ls -3000.00 -3000.00
--.---.-----
net total deduct Change Order #2 -11620.08
c==a.:._.....
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 8:r - MEETING OF JULY 28. 1992
DEDUCT CHANGE ORDER NO. 1/ FINAL PAYMENT - A.O.B. UNDER-
GROUND. INC.
DATE: July 24, 1992
This item is before you to approve a deduct change order in the
amount of $6,368 to the contract with A.O.B. Underground, Inc. and to
approve a request for final payment in the amount of $5,961.70 for
completion of the Stormwater Drainage Improvement Phase I project.
The change order represents the miscellaneous plus/minus changes
based on final as-built quantities. The project has been inspected
by staff and was found to be satisfactorily complete.
Recommend approve of Deduct Change Order No. 1 and request for final
payment in the amount of $5,961.70 from A.O.B. Underground, Inc. with
funding from Stormwater Utility Fund - Drainage Phase I (Account No.
448-5411-538-62.16).
"
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:
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CHANGE ORDER
No. I, Final
Date , 19
-
Project No. 91-84
Project Name: Stormwater Drainage Improvements (Phase I) - N. E. 2nd Street and N.E.
4th Avenue intersection - Palm Trail at N. E. 8th Street, S. E. 8th Cul De Sac -
Funding Source: 448-5411-538-62.16.
Owner: City of Delray Beach, Florida
Contractor: A.a.B. Underground, Inc.
Contract Date: February 18, 1992
To: A.a.B. Underground, Inc. , Contractor
You are directed to make the following changes in the subject contract:
Miscellaneous plus/minus quantity changes to contract unit quantities based on final
as-built quantities.
which changes are more specifically described in the attached amended
plans, drawings, and specifications.
The reason for the change is as follows: Actual as-built quantities differed
from estimated contract quantities.
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: $ 47,130.00
1 of 2
..
,.
CHANGE ORDER # 1. Final
2. Net increase resulting from the change order: - $ 6.368.00
3 . Current contract price including this change order: $ 40,762.00
B. Contract Time
:.
'..'
.' L .~Contract time prior to this change order: 75 Calendar Days
... '; .'
- !.
-" ..... . .,' ... ."' ":"3 ~'. . .Net {ncreri~~ resultini from this change order: o Calendar Days
..~ ':~
..' .. . - ,.
..
- . . 3. CurreJit 'contract time. including this change order: 75 Calendar Days
..
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... 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 ~ ;?;?,. ,19U. 1
understand that all the provisions of th Con ract Document related to
Project No. 91-84 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:
~~ A.O.B. Underground, Inc. , CONTRACTOR
By: ds;( ~'~{Y/~ ~ v ~~
A to Contractor "" . Title
2 of 2
..
"
.
Project No. 91-84 Schedule "A"
Stormwater Drainage Improvements
Chenge Order #1 Flnel
.---.------.--------------------.-----.-.-----.-.---------......--.------..-.---....-----------.-
ITEM ITEM DESCRIPTION Contrect As-built +/- C.O. UNIT
NO Qty Qty #1 Qty PRICE TOTAL
------------------------.--------------.----.-.-----------------------------.-------.----------.-
A Plus/Minus As-built Qty Adjustments
NE 2nd St end NE 4th Ave
1 Construct dreinage improvements 1 1 o ls 5800.00 0.00
Pelm Tr et NE 8th St
2 12" CL IV RCP 40 0 -40 lf 36.00 -1440.00
3 15" CL III RCP 460 444 -16 l f 25.00 -400.00
4 15" Slotted RCP 35 0 -35 lf 32.00 -1120.00
5 Furnish end Install Behle Sod 60 100 40 sy 2.50 100.00
6 Furnish and Install 6" DIP 100 20 -80 lf 40.00 -3200.00
7 Recomect existing 2" main/services 1 1 o ls 2500.00 0.00
SE 8th St Drainage Improvements
8 SE 8th St drainage Improvements 1 1 o ls 10050.00 0.00
9 1" Type S-111 Asphalt 760 737 -23 sy 6.00 -138.00
Allowance and Indennfflcatlon
10 Testing Lab 1 0.26 -0.74 ls 3000.00 -2220.00
11 Video Allowance 1 1 o ls 2000.00 0.00
12 Indemnification 1 1 o ls 10.00 0.00
13 Conflict Manhole end Appurtenance. 1 1 o ea 1000.00 0.00
B Extra Items required
1 Additional 'c' Inlet/20'15" perf CMP 1 ls 2050.00 2050.00
----------..
Net total deduct Chenge Order #1 Final -6368.00
............
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJt1
SUBJECT: AGENDA ITEM i rJ( - MEETING OF JULY 28. 1992
CANCELLATION OF ARCHITECTURAL AGREEMENT/SIMON
DATE: July 24, 1992
In 1988 the City entered into an agreement with Roy Simon for
architectural services as it related to the building of a Tennis
Center at Lake Ida Park. Subsequently, a letter amendment to the
contract executed by the Parks and Recreation Director in 1989
required the provision of a conceptual site plan for the Community
Center site. None of these agreements contained the scope of
services as currently envisioned with the center court, stadium and
other amenities as required by Liddun.
Therefore, the City Attorney's office recommends that this agreement
be formally cancelled. Mr. Simon has been fully paid for the
services which were previously provided under the agreement. The
termination will be effective seven (7) days after notice is formally
given to Mr. Simon.
Recommend cancellation of the agreement with Roy Simon for
architectural services with regard to the building of a Tennis Center.
"
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rf
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!
tlTY OF DElRAY BEA[H
.~ 'j \ fTORNEY'S OFFICE . ..
'f
Writer's Direct Line
(407) 243-7091
MEMORANDUM
r~ f.:: (~ ~ ; \/ [~ L)
DATE: July 22, 1992 JUl 2 J 1992
TO: City Commission CiTY ;'i4;':.,.. -'." :':;;i>:
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Architectural Agreement with Roy Simon - Tennis
Facility
The City, in 1988, entered into an agreement with Mr. Simon for
architectural services as it related to the building of a
Tennis Center at Lake Ida Park. Subsequently, an amendment to
the contract in 1989 referred the provision of a conceptual
site plan for the Community Center site. None of the
agreements contained the scope of services as currently
envisioned with center court, stadium and other amenities as
required by Liddun. Mr. Simon was fully paid for those
services which he provided.
At this time, it is appropriate to formally cancel the contract
between Roy Simon and the City. The effective date of the
termination shall be seven ( 7 ) days after notice is formally
given to Roy Simon, as required by the contract terms.
Please, by motion and vote, consider the cancellation of the
Roy Simon contract, effective as described above.
By copy of this letter to David Harden, our office is
requesting that this matter be placed on the July 28, 1992 City
Commission meeting agenda for consideration.
Please do not hesitate to contact me if you would like to
discuss this matter further.
- 1
~~
S :ci
cc David Harden, City Manager
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i VI..- - MEETING OF JULY 28. 1992
CANCELLATION OF LEASE AGREEMENT/PALM BEACH COUNTY
DATE: July 24, 1992
This item is before you to cancel a 20 year lease agreement with Palm
Beach County for the development of a tennis center on County
property at Lake Ida Park.
The agreement required the City to exercise due diligence in the
construction of ten tennis courts, pro shop, parking and roadway
modifications with the improvements to commence two years from the
execution of the lease (March 1, 1989).
In light of the proposal to provide a tennis center at the downtown
location, it is appropriate to cancel the lease agreement.
Recommend the lease agreement with Palm Beach County for the
development of a tennis center at Lake Ida Park be cancelled and
direct staff to send a written notice to the Palm Beach County
Property and Real Estate Management Division.
..
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0'(
- . M
I
CJTY OF DELRAY BER[H
TORNEY'S OFFICE . -~ -.
i
Writer's Direct Line
(407) 243-7091
MEMORANDUM
;-1 := (~_~ ~ i \/ ~:: ~. .
DATE: July 22, 1992 'oWL 2 S 1992
TO: City Commission CiP :'ic':,":.\.;"i . , . , w=
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Lease Agreement Between Palm Beach County and the
City of Delray Beach for Lake Ida Facility
The Ci~y entered into a twenty year lease which commenced March
1, 1989 with three additional five year renewal periods for the
purpose of developing a tennis center on the Lake Ida property.
The agreement required the City to exercise due diligence in
the construction of ten tennis courts, pro shop, parking and
roadway modifications with the improvements to commence two
years from the date of the execution of the lease.
It is my understanding from talking with Joe Weldon, Director
of Parks and Recreation that Dennis Eischelman, Director of
Parks and Recreation for the County is interested in canceling
this lease agreement. The City in light of its proposals and
plans to provide a tennis center at the downtown location is
also therefore not interested in going forward with the
development of the Tennis Center at Lake Ida.
The City Commission, therefore should cancel the lease
agreement and direct that written notice be mailed pursuant to
the lease to Dennis Eischelman and the Palm Beach County
Property and Real Estate Management Division.
By copy of this memorandum to David Harden, our office is
requesting that this matter be placed on the July 28, 1992 City
~~aqenda for approval.
SAR.. r-
cc David Harden, City Manager
Joe Weldon, Director of Parks and Recreation
lakeida.sar
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c--------~
'e:::/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER /(l !
SUBJECT: AGENDA ITEM i 8. M . - MEETING OF JULY 28. 1992
RESOLUTION NO. 68-92
DATE: July 24, 1992
This is a resolution authorizing the acquisition of Lots 7 - 16,
Block 44, Town of Delray for the public purpose of expanding and
improving the Municipal Tennis Court. The resolution also provides
that in the event eminent domain proceedings are necessary that the
City Attorney is authorized to retain the services of appraisers,
experts in other disciplines, and private counsel to assist in th i s
matter.
Recommend approval of Resolution No. 68-92.
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~ ,.'1,1 ~ Writer's Direct Line
(407) 243-7091
MEMORANDUM
. ) .
. - .
. j....
'- ..-.: /: -~
DATE: July 23, 1992 JUl 2'" --
" - J /992
TO: City Commission CITrM4;V',,~_
'1\.."1;','(1('
FROM: Susan A. Ruby, Assistant City Attorney) li..:jiC'f
SUBJECT: Resolution No. 68-92 Authorizing the Acquisition of
Lots 7-16, Block 44, Town of Delray Beach
This Resolution will authorize the City Attorney to commence
any necessary legal action to acquire Lots 7-16 of Block 44.
The acquired property will be used for the expansion and
improvement of the Municipal Tennis Center.
If you have any questions, please call.
~
SAR:ci
Attachment
cc David Harden, City Manager
"
"
"---~-
RESOLUTION NO. 68-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION IN FEE SIMPLE OF CERTAIN REAL
PROPERTY, BEING LOTS 7-16, INCLUSIVE, BLOCK 44,
TOWN OF DELRAY BEACH (FORMERLY LINTON), AS SHOWN
ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 1,
PAGES 3 AND 4, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF
EXPANDING AND IMPROVING ITS MUNICIPAL TENNIS
CENTER, FINDING THAT THE ACQUISITION OF SAID
PROPERTY IS REASONABLY NECESSARY FOR THE
EXPANSION AND IMPROVEMENT OF ITS MUNICIPAL
TENNIS CENTER; PROVIDING THAT IN THE EVENT
EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE
CITY ATTORNEY IS AUTHORIZED TO RETAIN THE
SERVICES OF APPRAISERS, EXPERTS IN OTHER
DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE
CITY ATTORNEY IN THIS MATTER; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Manager of the City of Delray Beach
has recommended the acquisition of certain real property to be
utilized for the expansion and improvement of the City's
municipal tennis center; and
WHEREAS, it is necessary that the City acquire the
hereinafter described property in order to expand and improve
said facility; and
WHEREAS, there currently exists a dispute as to the
ownership of the hereinafter described property, and the City of
Delray Beach is Plaintiff in a pending quiet title action, being
Case No. CL-9l-ll29-AI, in which ownership to said lands is being
litigated; and
WHEREAS, the City is contractually obligated to
complete the above-referenced tennis center improvements by
February, 1993, and it is necessary that the City acquire fee
simple title to the same by eminent domain proceedings in order
to continue and complete the above-described public improvements;
and
WHEREAS, the subject lands may be subject to a
reversionary interest, the validity and extent of which will be
determined in the pending quiet title action. It is necessary
that the City acquire said interest by eminent domain in order to
continue and complete the above-described public improvements;
and
WHEREAS, the City Commission finds that the acquisition
of the hereinafter described property in fee simple for the
expansion and improvement of the municipal tennis center and
related purposes is a public necessity and essential to the
interests of the residents of the City of Delray Beach, Florida;
and
WHEREAS, in order to accomplish the acquisition of the
needed property, it is necessary for the City Manager and City
Attorney to take legal action and to employ real estate
appraisers, experts in other disciplines and private counsel to
assist the City Attorney in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH, FLORIDA, THAT:
.
"
"
. .
- -.-
Section 1. The City Commission adopts and ratifies
those matters set forth in the foregoing recitals.
Section 2. The City Attorney is authorized and
directed to employ real estate appraisers for the purpose of
securing appraisals of the value of the property hereinafter
described for the purpose of acquiring said property.
Section 3. The City Attorney is authorized and
directed to proceed to take all necessary steps, including the
hiring of appraisers, accountants, and experts in other
disciplines whom the City Attorney deems are necessary for the
adequate and complete representation of the City in this matter,
in order for the City of Delray Beach to acquire in its own name
by donation, purchase or eminent domain proceedings, fee simple
title to the property, more particularly legally described as
follows:
Lots 7-16, inclusive, Block 44, TOWN OF DELRAY
BEACH (formerly Linton) , as recorded in Plat
Book 1, Pages 3 and 4, of the Public Records of
Palm Beach County, Florida.
The City Attorney is further authorized to have prepared in the
name of the City of Delray Beach all papers, pleadings and other
instruments required for that purpose and to see that all eminent
domain proceedings are prosecuted to judgment. The City Attorney
is authorized to retain the firm of Vance & Doney, P.A. , as
independent counsel in this matter.
Section 4. The City Attorney is hereby authorized and
directed to take such further actions as are reasonably required
to fully accomplish the purposes hereinabove directed.
Section 5. This resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this
day of , 1992.
MAY 0 R
ATTEST:
City Clerk
. - 2 - Res. No. 68-92
..
"~"
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEl\ IJv' 1
SUBJECT: AGENDA ITEM i 8, N. - MEETING OF JULY 28. 1992
RESOLUTION NO. 69-92
DATE: July 24, 1992
This is a resolution authorizing the acquisition of Lots 1 - 6,
Block 44, Town of Delray for the public purpose of expanding and
improving the Municipal Tennis Court. The resolution also provides
that in the event eminent domain proceedings are necessary that the
City Attorney is authorized to retain the services of appraisers,
experts in other disciplines, and private counsel to assist in this
matter.
Recommend approval of Resolution No. 69-92.
~on ~
7/c;8/9~
"
"
. 0.1(
?1'1
CITY DF DELRAY BEA[H
:jTY ATTORNEY'S OFFICE ,,', ."l .. ! .':.\'j :jF.').,~_ d, ~t :Z:~).-\ _\_~.~J...
',; '. ~ ; L;-~ '. - -" -~ - : " Writer's Direct Line
(407) 243-7091
MEMORANDUM nl::r,..
. :....1-->1..:1"/;-.
'F t: LJ
DATE: July 23, 1992 JUL ? J 1992
TO: City Commission C/rY/Y/4t\",;,:,::.)"
, (1rr
j-"/'E
I (G
FROM: Susan A. Ruby, Assistant City Attorney .
SUBJECT: Resolution No. 69-92 Authorizing the Acquisition of
Lots 1-6, Block 44, Town of Delray Beach
This Resolution will authorize the City Attorney to commence
legal action to acquire nine parcels north of the existing
Tennis Center. The acquired property will be used for the
expansion and improvement of the Municipal Tennis Center.
If you have any questions, please call.
~
SAR:ci
Attachment
cc David Harden, CU:y Manager
'.
.
RESOLUTION NO. 69-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION IN FEE SIMPLE OF CERTAIN REAL
PROPERTY, BEING LOTS 1-6, INCLUSIVE, BLOCK 44,
TOWN OF DELRAY BEACH (FORMERLY LINTON), AS SHOWN
ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 1,
PAGES 3 AND 4, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF
EXPANDING AND IMPROVING ITS MUNICIPAL TENNIS
CENTER, FINDING THAT THE ACQUISITION OF SAID
PROPERTY IS REASONABLY NECESSARY FOR THE
EXPANSION AND IMPROVEMENT OF ITS MUNICIPAL
TENNIS CENTER; PROVIDING THAT IN THE EVENT
EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE
CITY ATTORNEY IS AUTHORIZED TO RETAIN THE
SERVICES OF APPRAISERS, EXPERTS IN OTHER
DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE
CITY ATTORNEY IN THIS MATTER; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Manager of the City of Delray Beach
has recommended the acquisition of certain real property to be
utilized for the expansion and improvement of the City's
municipal tennis center; and
WHEREAS, it is necessary that the City acquire the
hereinafter described property in order to expand and improve
said facility; and
WHEREAS, the City Commission finds that the acquisition
of the hereinafter described property in fee simple for the
expansion and improvement of the municipal tennis center and
related purposes is a public necessity and essential to the
interests of the residents of the City of Delray Beach, Florida;
and
WHEREAS, in order to accomplish the acquisition of the
needed property, it is necessary for the City Manager and City
Attorney to take legal action and to employ real estate
appraisers, experts in other disciplines and private counsel to
assist the City Attorney in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, THAT:
Section 1. The City Commission adopts and ratifies
those matters set forth in the foregoing recitals.
Section 2. The City Attorney is authorized and
directed to employ real estate appraisers for the purpose of
securing appraisals of the value of the property hereinafter
described for the purpose of acquiring said property.
Section 3. The City Attorney is authorized and
directed to proceed to take all necessary steps, including the
hiring of appraisers, accountants, and experts in other
disciplines whom the City Attorney deems are necessary for the
adequate and complete representation of the City in this matter,
in order for the City of Delray Beach to acquire in its own name
by donation, purchase or eminent domain proceedings, fee simple
title to the property, more particularly legally described as
follows:
.
~
"
Lots 1-6, inclusive, Block 44, TOWN OF DELRAY
BEAC H (formerly Linton) , as recorded in Plat
Book 1, Pages 3 and 4, of the Public Records of
Palm Beach County, Florida, being described as
the following specific parcels:
Parcel A:
The West 67 feet of the North 50 feet of Lot 1,
Block 44, TOWN OF DELRAY BEACH (formerly Linton)
(PB 1, P 3)
Parcel B:
The East 1/2 of Lot 1, less the South 26.8 feet
thereof, Block 44, TOWN OF DELRAY BEACH
(formerly Linton) (PB 1, P 3)
Parcel C:
The South 26.8 feet of Lot 1 and the North 11.2
feet of Lot 2, Block 44, TOWN OF DELRAY BEACH
(formerly Linton) (PB 1, P 3)
Parcel D:
The South 5.2 feet of the North 16.4 feet of Lot
2, Block 44, TOWN OF DELRAY BEACH (formerly
Linton) (PB 1, pg 3)
Parcel E:
The North 50 feet of the South 58.9 feet of Lot
2, Block 44, TOWN OF DELRAY BEACH (formerly
Linton) (PB 1, pg 3)
Parcel F:
The South 8.3 feet of Lot 2 and all of Lot 3,
Bloek 44, TOWN OF DELRAY BEACH (formerly Linton)
(PB 1, pg 3)
Parcel G:
The North 49.4 feet of Lot 4, Block 44, TOWN OF
DELRAY BEACH (formerly Linton) (PB 1, pg 3)
Parcel H:
The South 25.3 feet of Lot 4 and all of Lot 5,
Block 44, TOWN OF DELRAY BEACH (formerly Linton)
(PB 1, pg 3)
Parcel I:
Lot 6, Block 44, TOWN OF DELRAY BEACH (formerly
Linton) (PB 1, pg 3)
The City Attorney is further authorized to have prepared in the
name of the City of Delray Beach all papers, pleadings and other
instruments required for that purpose and to see that all eminent
domain proceedings are prosecuted to judgment. The City Attorney
is authorized to retain the firm of Vance & Doney, P.A, , as
independent counsel in this matter.
, - 2 - Res. No. 69-92
,.
..
.-
Section 4. The city Attorney is hereby authorized and
directed to take such further actions as are reasonably required
to fully accomplish the purposes hereinabove directed.
Section 5. This resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 28th
day of July, 1992.
~~~
'" MAY c1YR
ATTEST:
(ilJ.Nm~' >lAIr f./n;:ty
ity Cler
. - 3 - Res. No. 69-92
'.
"
'- ~. >'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ7v1
SUBJECT: AGENDA ITEM tt g. o. - MEETING OF JULY 28. 1992
RESOLUTION NO. 77-92
DATE: July 24, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
236 A, B and C S.E. 3rd 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 $3,190 remains unpaid.
Recommend approval of Resolution No. 77-92 assessing costs
to demolish an unsafe building on property located at 236.A, Band C
S.E. 3rd Avenue.
'.
"
~~___.__m_
-.-- --- ---. ~
~--'---~'---------_. --- -----.-.
RESOLUTION NO. 77-92
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 Bu~lding 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:
.
..
"
--- -----~.~---_.-._-~ -------.------------- -----_._-~---------_._------------------~------- -._----
-----.----.-.----.--. -- -,,~---- ,,-----------.---.---- --~_..----._-_._----~_._----.-~._--_._-----_.-
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 wi thin
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 , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 77-92
.
..
"
NOTICE OF ASSESSMENT
Date
TO: VC and AP Nocera Trust
ADDRESS: 626 West Drive, Delray Beach, Fl 33444
PROPERTY: 236A,B,C SE 3rd Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 21 and N25' of Lot 22, Block 87, Linn's Addition to
Osceola Park, according to Plat Book 1, Page 133 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$3,190. by resolution
of the City Commission of the City of Delray Beach, Florida, dated
) 1992, 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 2-28-92
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 6-1-92
at a cost of $3,190.00 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 Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
~ l.>I.
'"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl1.
SUBJECT: AGENDA ITEM i ~.~ - MEETING OF JULY 28. 1992
RESOLUTION NO. 78-92
DATE: July 24, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
232 and 232 1/2 S.E. 3rd 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 $3,630 remains unpaid.
Recommend approval of Resolution No. 78-92 assessing costs
to demolish an unsafe building on property located at 232 and 232
1/2 S.E. 3rd Avenue.
..
..
--.
------.-
-- ------,-....-.--...--'-- -- --~._----_._~--_..._~_.--------_._._._--_._-----~------ "--~----~._-.---"----"-'--'-'-'--
RESOLUTION NO. 78-92
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
representati 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 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:
.
"
"
-~---~._--
- -..-- __H_ ._ -
---_._-~--- --..---- ----~._- - ----..--...---.---------
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 , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 78-92
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NOTICE OF ASSESSMENT
Date
TO: VC and AP Nocera Trust
ADDRESS: 626 West Drive, Delray Beach, Fl 33444
PROPERTY: 232 and 232~ SE 3rd Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 20 less the North 18' of the West 26', Block 87,
Linn's Addition to Osceola Park, according to Plat Book 1, Page 3 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 $3,630.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, 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 2-28-92
that the Building Official has determined that a building located on the
aboye-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 6-1-92
at a cost of $3,630.00 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 Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i SQ - MEETING OF JULY 28. 1992
RESOLUTION NO. 79-92
DATE: July 24, 1992
This is a resolution assessing costs for abatement action
required to board up an unsafe building on property located
at 1408 S.W. 22nd 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 $720.50 remains unpaid.
Recommend approval of Resolution No. 79-92 assessing costs
to demolish an unsafe building on property located at 1408 S.W. 22nd
Avenue.
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RESOLUTION NO. 79-92
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 Ci ty 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 hereo f , 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 , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 79-92
It
NOTICE OF ASSESSMENT
Date
TO: Steven J. Shadler
ADDRESS: 1408 SW 22nd Avenue, Delray Beach, Fl 33445
PROPERTY: 1408 SW 22nd Avenue, Delray Beach, Fl 33445
LEGAL DESCRIPTION: Lot 14, Block 8, Delray Beach Highlands Section 3
according to Plat Book 27, Page 108 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 $720.50 by resolution
of the City Commisiion of the City of Delray Beach, Florida, dated
, 1992, 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 ~ere given notice on 6-3-92
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 tile above-described property on 6-12-92
at a cost of $720.50 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 Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERWV(
SUBJECT: AGENDA ITEM i 8R - MEETING OF JULY 28. 1992
RESOLUTION NO. 80-92
DATE: July 24, 1992
This is a resolution assessing costs for abatement action
required to board up unsafe buildings on property located at
1010, 1014, 1018, and 1022 Mango Drive. The Resolution sets forth
the actual costs incurred and provides the mechanism to attach liens
on these properties in the event the assessment of $1,518 remains
unpaid.
Recommend approval of Resolution No. 80-92 assessing costs
to board up unsafe buildings on property located at 1010, 1014,
1018, and 1022 Mango Drive.
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RESOLUTION NO. 80-92
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:
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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 bui lding 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 s ha 11 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 , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 80-92
"
NOTICE OF ASSESSMENT
Date
TO: Anpe. Inc.
ADDRESS: PO Box 3215, Boynton Beach, Fl 33424
PROPERTY: 1010. 1014,1018. 1022 Mango Drive. Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lots 43 to 46, inc.. Sunset Park according to Plat Book
12. Page 65 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 $1.518.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
- , 1992, has been levied ag~inst 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 5-19-92 .
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 6-5-92
at a cost of $1,518.00 which includes a ten percent (lOX) 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 Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJiv(
SUBJECT: AGENDA ITEM i 8.S - MEETING OF JULY 28. 1992
RESOLUTION NO. 81-92
DATE: July 24, 1992
This is a resolution assessing costs for abatement action
required to remove motor vehicles from five 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. 81-92 assessing costs
to remove vehicles from five properties located within the City.
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RESOLUTION NO. 81-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 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 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance (s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 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; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances 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
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Section 3, become a lien upon the respective lots and parcells) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment 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 Ci ty , 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.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and 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 wi thin 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.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1992.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 8l-92
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COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 23, BLK 4l, TOWN OF DELRAY, JAMES E. CLINTON $ 38.50
PB 5, P 65, PUBLIC RECORDS, ROBIN Y. HOLMON 65.00 (ADM. COST)
PALM BEACH COUNTY, FL 333 N.W. 3RD AVENUE (RECORDING)
(333 NW 3RD AVENUE) DELRAY BEACH, FL 33444
LOT 21, BLK 95, LINNS ADD TO THOMAS MELBA $ 38.50
OSCEOLA PARK, PB 1, P 133, l017 VISTA DEL MAR 65.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 (RECORDING)
COUNTY, FL
(236 SE 4TH AVENUE)
LOT 9, BLK 4, DELRAY SHORES, FRANCIS E. & BEATRICE $ 38.50
PB 24, P 233, PUBLIC RECORDS, BISCHOFF 65.00 (ADM. COST)
PALM BEACH COUNTY, FL 548 DOLPHIN DRIVE ( RECORD ING)
(8 SE DOLPHIN DRIVE) , DELRAY BEACH, FL 33445
NOW KNOWN AS:
(584 DOLPHIN DRIVE)
LOT 39, DELRAY BEACH ESTATES, GERALD J. SOLOMAN $ 38.50
PB 2l, P 13, PUBLIC RECORDS, l7096 NORTHWAY CIRCLE 65.00 (ADM. COST)
PALM BEACH COUNTY, FL BOCA RATON, FL 33496 (RECORDING)
(2345 N FEDERAL HIGHWAY)
LOT l3, BLK 2, ATLANTIC PARK DAISY M. RAY $ 38.50
GARDENS, DELRAY, PB 14, P 56, P.O. BOX 74 65.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH LENOX, GA 31637 (RECORDING)
COUNTY, FL
(SW 13TH AVENUE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-3- Re s. No. 81- 9 2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 8'T - MEETING OF JULY 28. 1992
RESOLUTION NO. 83-92
DATE: July 24, 1992
This is a resolution commending the Atlantic Coast District Dental
Society for its commitment to the improved health care of Florida
citizens through its founding and support of "Project Dentist Care".
The Project Dentist Care program consists of local dentist providing
dental 'care free of charge to low income residents and migrant
farmworkers. More than 90 Palm Beach dentists have already committed
to providing a total of 270 days to the program.
Recommend approval of Resolution No. 83-92.
<,
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RESOLUTION NO. 83-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, COMMENDING THE ATLANTIC COAST
DISTRICT DENTAL SOCIETY FOR ITS COMMITMENT TO THE
IMPROVED HEALTH CARE OF FLORIDA CITIZENS THROUGH ITS
FOUNDING AND SUPPORT OF "PROJECT DENTISTS CARE".
WHEREAS, 26,000 children in Palm Beach County are Medicaid
eligible; and,
WHEREAS, 3,000 Migrant farm children in the community have no
access to Medicaid or other assistance programs; and,
WHEREAS, the budget of the Palm Beach County Public Health
Dentistry Unit has been decreased; and,
WHEREAS, for the first time in more than two decades, Adult
Public Health Dentistry Services have been completely cut from the
Public Health Dentistry Unit; and,
WHEREAS, concerned dentists of Palm Beach County have formed a
voluntary organization named "Projet Dentists Care" to serve as a pilot
program for giving free dental care to the needy; and,
WHEREAS, "Project Dentists Care" dentists have committed their
own time, energy and resources to the development and expansion of this
project; and,
WHEREAS, the "Project Dentists Care" members have begun
renovating and building a clinic in a Migrant Farm Workers Camp; and,
WHEREAS, the goal of the project is to organize 300 free days
of dentistry per year for the indigent and migrant farmworker
populations of Palm Beach County; and,
WHEREAS, more than 90 Palm Beach dentists have already
committed to providing a total of 270 days to the program; and,
WHEREAS, "Project Dentists Care" represents a unique
cooperative effort between the private sector and public health
services,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, does hereby commend the Atlantic Coast District Dental
Society for its commitment to the improved health care of Florida
citizens through its founding and support of "Project Dentists Care".
PASSED AND ADOPTED in regular session on this the 28th day of
July, 1992.
.
MAY 0 R
ATTEST:
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t9J1
SUBJECT: AGENDA ITEM i S.U' - MEETING OF JULY 28. 1992
DONATION OF OLD POLICE/STAFF CARS
DATE: July 24, 1992
This item is before you to authorize staff to donate old police/staff
cars to the Citizens Observer Patrol (COP) Program. Purchasing
procedures, previously approved by the Commission allow the City
Manager to dispose of all vehicles and equipment of the City which is
scheduled for replacement in the annual budget. This is usually
accomplished through an auction.
The proposal is to have COP volunteers patrol two designated
neighborhoods in a marked COP vehicle. Two volunteers will be
assigned to the two pilot vehicles which will be equipped with a
walkie/talkie raio and cellular phone. The COPs only job function is
that of patrolling a designated area. They will not be involved or
perform any law enforcement function.
Recommend authorization to donate old police/staff cars to the
Citizens Observer Patrol (COP) Program.
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7W~
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Delray Beach Police Department ...if, ~;j I"~
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300 West Atlantic Avenue · Delray Beach, Florida 33444.3695 RICHARD G. OVERMAN
(407) 243-7888 Fax (407) 243-7816 Chief of Police
MEMORANDUM
TO: Robert A. Barcinski, Acting City Manager
FROM: William H. Cochrane, Major ~
Acting Chief of Police
DATE: June 25, 1992
SUBJECT: VEHICLES/CITIZENS OBSERVER PATROL
The "Citizens Observer Patrol" Program is still under development
and in the final stages of preparation. Chief Overman has asked
that I notify you regarding a request to hold back six ( 6 ) to
eight (8) cars which have been scheduled for the City Auction in
July.
Staff has not yet considered utilization of old police/staff cars
for this project, however, it is still under active discussion,
including a cost analysis.
As soon as additional information is gathered and is made
available, Chief Overman or I will contact you or Mr. Harden,
upon his return.
Thank you for your consideration,
WHC/ppt
cc: Jerry Rude, Superintendent of Fleet Maintenance
Ted Glas, Purchasing Officer
Richard Overman, Chief of Police
Richard Lincoln, Major of Field Operations
Mike Wright, Police Information Officer
COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE
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DELRAY BEACH POLICE DEPARTMENT --
MEMORANDUM
~~
TO: Major Richard M. Lincoln
Field Operations Bureau
FROM: PIO Michael T. Wright ~~
DATE: June 26. 1992 b"- 3D ~ ~
SUBJECT: PROPOSAL/CITIZENS OBSERVER PATROL (COP)
-----------------------------------------------------------------
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The following is a proposal to develop and direct a Ci tizens
Observer Patrol comprised of citizen volunteers who wish to
reduce criminal activity in their respective neighborhoods. The
purpose of the program is to eliminate burglary and vandalism in
residential neighborhoods. particula~ly during daytime hours.
Our immediate objective is to develop two (2) pilot COP Programs
in separate city neighborhoods and monitor their progress prior
to full implementation. Projections on full implementation in
interested condominium and... homeowner association neighborhoods
would be six (6) to eight (8) COP units city-wide.
I. ORGANIZATIONAL CHART
COP DIRECTOR
I
Volunteer Coordinator (Maior)
U 'tC't' U 'tC1t.
n~ ap a~n n~ ap a~n
Unit Lieutenant Unit Lieutenant
30 to 50 observers 30 to 50 observers
. The COP Director should be a sworn officer assisted by
the PIO as needed. He/she -will monitor all activities
of the COP and provide direction and training.
. The Volunteer Coordinator will be one of our volunteers
who is interested in the program and willing to commit
the necessary time. He/she will have the rank of Major
(volunteer) and will coordinate all administrative
duties with the Unit Captains.
· Unit Captains and Lieutenants: Each neighborhood
association which adopts the COP Program will elect a
captain and lieutenant who will be in charge of the
Uni t operations. They will help screen applicants.
maintain schedules and direct overall operations within
their respective units. They will report directly to
the Volunteer Coordinator.
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SUBJECT: PROPOSAL/CITIZENS OBSERVER PATROL (COP)
June 25, 1992
Page 2
II. DUTIES
COP volunteers patrol their neighborhoods in a marked COP
vehicle at low speeds. There are two (2 ) volunteers in each
vehicle, and each is equipped with a walkie/talkie radio
with only one ( 1 ) designated channel to communicate with
each other if they are separated. Each unit is also
equipped with a cellular phone. They will be required to
commit to one ( 1) three to four hour shift per week.
A citizen observer's only job function is to patrol a
designated area and observe any suspicious occurrences or
people. They are authorized to check closed houses or ill
persons on written request only,
If a situation does arise, they are to report the details to
the Police Department by cellular phone.
Citizen Observer Patrol volunteers will not do the
following:
l. Will not perform any law enforcement function;
-.. 2.' Will not interfere with matters relating to law
enforcement or attempt to stop traffic violators;
3. Will not enforce any of the rules and regulations of a
condominium or homeowners association;
4. Will not contact the Police Department on request of a
neighbor or other person, unless it is an emergency,
critical activity or a suspicion of same;
5. Will not leave the vehicle unless directed to by a
police officer (other than normal breaks and meals) .
The one exception to this policy is if they are
checking a vacant home or a sick or elderly person.
This is only by prior written request.
A citizen observer has no legal authority to stop, detain or
hinder any person from moving about freely. They have no
authority to stop and question anyone, and they will not
carry any weapon on patrol, even if they are licensed to do
so.
I I 1. TRAINING
The citizen observer will receive an initial four (4) hour
training session by the COP Director and the PIO. The COP
Director will set up monthly in-service training for each
unit after the initial instruction. These monthly training
sessions may be held jointly, if possible, to reduce the
time commitment of training officers. Training should be
diverse as well as functional, featuring all Police
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SUBJECT: PROPOSAL/CITIZENS OBSERVER PATROL (COP)
June 25, 1992
Page 3
Department activities. Each month should feature a
different Departmental speaker.
IV. PROJECTED EQUIPMENT AND COSTS
'Vehicles: Each COP Unit would be provided an old police
vehicle which has been retired because of high mileage.
These vehicles normally auction for $300 to $500 each.
Mechanical maintenance for each unit is projected at
per year. Cosmetic maintenance and gasoline would be
provided by the COP Unit homeowners or condominium
association. Painting and detailing each vehicle would cost
approximately $400 per vehicle.
'Cellular Phones: Cellular phones for each COP Unit will
cost $400 and approximately $75 per month operational costs.
'Walkie/Talkie Radios: Two (2 ) radios for each unit at $l50
per radio = $300,
'Uniforms: Thirty shirts and hats per unit at $30 per shirt
and $6 per hat = $1,180.
PROJECTED COSTS
2 COP Units 6 COP UNITS 8 COP UNITS
Initial - Annual Initial - Annual Initial - Annual
Vehicles $l,OOO. O. $3,000, o. $4,000. 0,
Phones $ 800. $1,800. $2,400. $5,400. $3,200, $7,200.
Radios $ 600, O. $l,800. 0, $2,400. o.
Uniforms $2,360. $2,360.* $7,080. $7,080.* $8,260. $8,260,*
Veh.painting $ 800. O. $2,400. O. $3,200. O.
0< detailing
TOTAL $5,560. $4,l60. 16,680, l2,480. 22,240. 16,640.
Costs are projected on a 30 person vo~unteer unit,
*annual replacement
V. ALTERNATIVE FUNDING
Each interested neighborhood or condominium association
could be asked to totally fund their own COP Unit. COP
members would be asked to use their own vehicles with
removable magnetic signs. The signs would be placed on the
vehicle at the start of each shift. Initial start-up costs
for each unit would be approximately $2,000.
Cellular One representatives advise they may be interested
in donating two (2) cellular phones and an undetermined
amount of air time. This would further reduce the start-up
costs.
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SUBJECT: PROPOSAL/CITIZENS OBSERVER PATROL (COP)
June 25, 1992
Page 4
Another option would be to donate our vehicles, which are
currently being held for auction, to the interested
neighborhood associations. They would be responsible for
all maintenance,
VI. CONCLUSION
The Palm Beach County Sheriff's Office has active COP Units
in ten (lO) neighborhood areas with over 600 volunteers.
They are forming nine (9 ) more with over 700 volunteers,
Although no study has been done to show effectiveness, their
staff claims near zero burglaries and vandalism during the
hours patrolled by COP. The Palm Beach County Sheriff's
Office funds the entire operation.
The Sarasota County Sheriff's Office has over 300 COP Units
with about 70% of them active. They also claim a low
burglary and vandalism rate but have not done any study to
confirm. it, They provide a radio and two (2) vehicle
magnetic signs only. The neighborhood associations absorb
all other costs. Volunteers use their own vehicles.
Initial contacts have been made in our city with the
following associations:
Pines of Delray - West
Pines of Delray - East
High Point
West Atlantic Homeowners Association
Start-up costs are a concern of all groups, but the main
concern seems to be liability if personal vehicles are used.
The Sarasota Sheriff's Office advises that each volunteer
should check with hisjher insurance carrier prior to
committing to patrol. They advise most carriers permit this
type of operation.
This program provides a cost-effective way to deter and
detect crime in neighborhood areas that are not heavily
patrolled. The interaction between police officers and COP
volunteers in these areas lends itself to the community
policing concept this agency has endorsed.
MTW/ppt
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(57)
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dispose of the property which is considered to bring the
highest return to the City.
(2) The City Manager shall have the authority to dispose of
the following property without City Commission approval:
(A) All abandoned or unclaimed property coming into
the possession of the City
(B) All vehicles and equipment of the City which is
scheduled for replacement in the annual budget.
(C) All other pieces of property other than the above
with an original purchase price of less than $500.
(3) Vehicles (Pre-disposition procedures)
(A) Vehicles designated for disposition will be turned in
to Fleet Maintenance for verification that the
vehicle should be released.
(B) Fleet Maintenance will prepare list of vehicles to
include serial number. year, make, model; Fleet
Management will verify title work with City Clerk
prior to submitting list to Purchasing.
(C) Purchasing will then complete the processing for
disposal utilizing one of the approved disposal
methods.
(4) Public City Auction - If the City auction method of
disposition is utilized by Purchasing. said auction shall
be in compliance with Florida State Statute, City
Ordinance. Resolution and/or Policies.
(A) Selection of an Auctioneer shall be accomplished by
competitive bid process.
(B) If titled vehicles are being auctioned. the following
additional procedure shall apply:
On the day of the auction. an authorized
representative of the Clerk's Office will be
present to transfer vehicle registration to the
new owner. Vehicle transfer can only take place
if the buyer has paid in either cash. cashier's
check. or certified check. If. however. the
buyer uses a personal checK. the vehicle will be
held until: 1) the buyer presents a cashier's
check. certified check. or cash at the City
Clerk's Office or. 2) the personal check has
cleared the bank. and the City Clerk's office
has advised the person that their vehicle can be
picked up.
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f (C) All property sold shall be properly documented by
inventory number, if available, and removed from the
City Inventory list. (One copy of the "Property
Disposition" form shall be sent to Finance for their
records.)
(D) The City of Delray Beach may cooperatively hold
auctions with other city and county governments when
such is determined to be in the best interest of the
City.
(5) Auction House - If considered in the best interest of the
City, the City Manager may choose to have vehicles and
other items sold to the highest bidder at an
auction-house.
(6) Sale by Formal Sealed Bid - If this method is utilized. by
Purchasing, it shall be in compliance with the City
Purchasing Ordinance in respect to procedure followed.
(7) Sold for Scrap - If this method is utilized by Purchasing,
it shall be by competitive quotations and in compliance
with the City Purchasing Ordinance in respect to the
procedure followed.
(8) Thrown Away - If this method is utilized, it shall first
be approved by the City Manager after the Purchasing
Officer certifies that the property has no recoverable
value:
(A) Property shall be loaded onto a City truck and taken
directly to the County dump. Proper documentation is
required that property was left at dump site (Tipping
Fee Ticket).
Post Auction Procedures
(1) The Monday after an auction shall be designated as final
pick-up day for items not paid for and/or not removed the
day of the auction. The auctioneer may be hired, as part
of his contract, to return that Monday to properly receive
payments for un-paid items, and to make sure the rightful
owners receive the right merchandise.
In addition, Warehouse staff will release vehicles and
other items to the purchaser only after proper proof of
receipt of payment from the City Clerk's Office. Vehicles
to be released will be checked to ensure that the vehicle
registration number on the vehicle, the title, and the
receipt, all match.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P1
SUBJECT: AGENDA ITEM i g. V. - MEETING OF JULY 28. 1992
AWARD OF BIDS AND CONTRACTS
DATE: July 24, 1992
This item is before you to approve the award of the following bids
and contracts:
1. Landscape Maintenance - South Federal Highway/Congress
Avenue - Tare Landscaping in the amount of $11,550 with funding
from Beautification Trust Fund - Maintenance Contracts (Account
No. 119-4144-572-33.49).
2. Lighting - Atlantic High School and Pompey Park - The Power
Associates, Inc. in the amount of $232,000 with funding from
Decade of Excellence Bond Issue - Atlantic High School
Ballfield Lights (Account No. 225-4147-572-61.65) and Pompey
Ballfield Lights (Account No. 225-4172-572-61.66).
3 . Housing Rehabilitation - various properties and contractors
as. indicated below; with funding from Community Redevelopment
Block Grant - Housing Rehab (Account No. 118-1963-554-60.23):
-246 S.W. 13th Avenue - Intercontinental Construction Co. -
$16,945
-238 S.W. 5th Avenue - Abisset Corporation - $15,702.75
4. Housing Rehabilitation - various properties - MJD
Construction Service in the amounts indicated below; with
funding from Community Redevelopment Block Grant - Housing Rehab
(Account No. 118-1963-554-60.23):
-1327 Lee Street - $11,529
-316 S. Swinton Avenue - 12,542.25
Recommend approval of the award of the above bids and contracts with
funding as indicated.
'.
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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 .f/:J/
DATE: July 20, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
July 28, 1992 - BID AWARD - BID #92-48
LANDSCAPE MAINTENANCE SERVICE CONTRACT
Item Before City Commission:
The City Commission is requested to award an annual contract for
landscape maintenance for sites as listed below to the low bidder,
Tare Landscape, at an annual cost of $11,550. Per the Finance
Department, funding is from:
( ) .
Background:
Funds were allocated in the FY 91-92 budget for this service. A total
of $ is budgeted.
Area of Service:
Area #1 - South Federal Highway
(Between Linton Blvd & C-15 Canal)
Area #2 - Congress Avenue
(Between Lake Ida Road & Linton Blvd.)
Maintenance service consists of mowing, trimming, weed control,
pruning, litter control and chemical application.
Bids for this contract were received on May 28, 1992 from six (6)
contractors, all in accordance with City purchasing procedures. (Bid
#92-48. Documentation on file in the Purchasing Office.) A tabulation
of bids is attached for your review.
The Director of Parks & Recreation has reviewed the bids and
recommends award to the low bidder, Tare Landscape, per attached
memo.
Recommendation:
Staff recommends award to low bidder, Tare Landscape, at an annual
cost of $11,550. Funding as outlined above.
Attachments:
Tabulation of Bids
Memo from Parks & Recreation
pc: Joe Weldon
g." .1
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[ITY OF DElRAY BEA[H
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Landscape Maintenance of South Federal Highway and Congress
DATE: July 20, 1992
Attached please find the bid tabulation sheet for bid maintenance of
South Federal Highway and Congress Avenue (Bid #92-48). Six firms bid
on this project, with Tare Landscaping being the apparent low bidder on
both areas for an amount of $11,550. Tare Landscaping was recently
awarded the bid for landscape maintenance of N.E. 8th Street and
Atlantic Avenue, and their references were checked at that time. Tare
Landscaping's bid is $9,150 lower than the next lowest bid, and they
were asked to confirm that they could do the job at this price. Mr.
Leroy Temple of Tare Landscaping indicated that they could do the work
for the bid price.
I recommend the bid be awarded to Tare Landscaping in the amount of
$11,550 and charged to account #119-4144-572-33.49.
Parks and Recreation
cc: David Harden
City Manager
Attachments
JW:cp
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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 ..~y
DATE: July 20, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 28, 1992 - BID AWARD - BID #92-47
ATLANTIC HIGH SCHOOL & POMPEY PARK FIELD
LIGHTING
Item Before City Commission:
The City Commission is requested to award a contract to The Power
Associates Inc., at a cost of $232,000. Per the Finance Department,
funding is from: (
) .
Background:
Funds are allocated in the Decade of Excellence Bond monies for field
lighting at Atlantic High School and at Pompey Park. A total of
$ is budgeted for this work.
Bids for this contract were received on June 29, 1992 from three (3)
contractors, all in accordance with City purchasing procedures. (Bid
#92-47. Documentation on file in the Purchasing Office. ) A
tabulation of bids is attached for your review.
The Director of Parks & Recreation has reviewed the bids, and
recommends award to the low bidder, The Power Associates Inc., per
attached memo.
Recommendation:
Staff recommends award to The Power Associates Inc., at a total cost
of $232,000. Funding as outlined above.
Attachments:
Tabulation of Bids
Memo from Parks & Recreation
pc: Joe Weldon
&.\1.2.
..
[ITY OF DELRAY BEA[H
~ u\.i ~ - ~. ~ ' ;
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Atlantic High School/Pompey Park Lighting Bids
DATE: July 20, 1992
Attached please find a spreadsheet for the lighting of Atlantic High
School and Pompey Park, Bid #92-47. Three bids were received with the
apparent low bidder being The Power Associates, Inc. in the amount of
$232,000.
Please note that there have been two protests concerning this bid. The
first was a facsimile from Energy Savings Lighting Technology, Inc. ,
saying they had not received the proper information from Musco Sports
Lighting for them to bid. Please note that Energy Savings Lighting
Technology, Inc. had two representatives attend the pre-bid conference
on June 15, 1992, and were aware, as all other bidders, that the
information was available from Musco Sports Lighting. Attached is a
letter from Tim Imhoff of Musco Sports Lighting that I asked for as a
result of Energy Savings' protest.
The second protest was a telephone call from American Lighting, the
second low bidder. American Lighting did not want to put their protest
in writing because they were concerned about legal liability. Although
I am reluctant to check negative remarks made by firms who themselves
do not want to put them in writing, contact was made with Paul Cozzie
with the Parks and Recreation Department of Kissimee, Florida. Mr.
Cozzie's remarks are synopsized on the list of references.
I asked The Power Associates for a list of references for their past
projects. They provided four references and all were satisfied with
the work done.
THE E F r. (Y:I A L W A '( SMA n [: Ii S
"
-2-
Attached is a letter from Thompson Engineering Consultants, indicating
that all three bids were responsive and recommending The Power
Associates be awarded the bid. He did recommend, however, since they
are not a local firm, that The Power Associates name a local firm to do
the warranty work. I have contacted The Power Associates concerning
this request, and they have agreed to assign warranty work for both
projects to Davco Electric.
I recommend the bid be awarded to The Power Associates for $174,482 and
be charged to account #225-4147-572-61.65 (Atlantic High School) and
$57,518 to be charged to account #225-4172-572-61.66 (Pompey Park).
~ Cc.) ~
Joe Weldon
Director of Parks and Recreation
cc: David Harden
City Manager
Attachments
JW:cp
.
Ref:powerbid
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ENERGY -SA VING LIGHTING - ~ '1 ~)
.J -U00,/
TECHNOLOGY, INC.
258 SW 12th Ave. Facsimile
""'.eerfield Beach, Florida 33442
Tel: (305) 427-0004
Fax: (305) 426-0629
..
Tim Imhoff
!lrhl"l('l') of SOli t.h Flol'ina
1600 SW Slnd Way
PI3nt..~rion, FL :1:1317
3051583-9756
F' ;\..'\ 305/583.9780
June 30, 1992
LToe Weldon
Parks & Recreation Director
SO N.W. First Avenue
Delray Beach, FI 33444
Dear Joe,
On Monday, June 29, I Received a phone call from an E~er9Y Savings, Inc. company
representative - Gary. (Last name unknown) This phone call was rti!ceived at 9:50 a.m.,
ten minutes. from the time the bid was to be opened. Gary asked for equipment pri~ing
and submittal documents. I advised Gary that I would give him the pricing, however,
the job was scheduled to bid in ten minutes. Gary expressed surprise at clle bid time.
He then stated that he intended to file a protest with the city.
It shOUld be noted that the three contractors ~ho bid this project called me on
Thursday, Friday and Saturday prior to the Monday bid date, in order to receive
pricing and to make arrangements to receive submittal documents. The l1usco submittal
documents were required to be submitted with the contractors bid documents. It is not
the responsibility of Musco to call contractors, but for contractors to call Musco if
they are interested in bidding a project.
Joe, I hope this clears up any questions you might have concerning the bid.
:;;:;u
Tim ImhoU :;;
Musco of South Florida
U S A
O~0 Ind~~,<.J).Jl>nl RC'l're;€r.t.\:I'.'€ for:
ri\ti8co ~,
OffIC1all1gt',tlng
Consultant to 1M U.S.
Olyr~"pic Cornmitlee LIGHTING, INC.
",,;,'('.)J,',
"
'l1ie Power JUsociates Inc.
'ECutrUa[ 'Engineering Construction Maltagtmt.nt
Main Offu.e
P.O. 'B~352 · Port {Rjduy, 'IL 34668
Pfimu. (813) 845-1059 · 'I~ (813) 843.0622
PRO J E C T REF ERE N C E S
I. CONTACT: DWIGHT HOLMES (813) 831-2633
ROWE HOLMES HAMMER RUSSELL ARCHITECTS
PROJECT NAME: LAKE PLACID HIGH SCHOOL
Highlands County, Florida
426 School Street
Sebring, Florida 33870
DESCRIPTION: LIGHTING OF BASEBALL FIELD
II. CONTACT: BENJE CAULEY, Supervisor (904) 437-7472
COUNTY OF FLAGLER, FLORIDA
1200 E. Moody Blvd. ff3
Court House Annex
PROJECT NAME: COUNTY OF FLAGLER
RECREATION COMPLEX
DESCRIPTION: LIGHTING & SERVICE OF BASEBALL FIELDS
III. CONTACT: RICHARD STALLWORTH, DIRECTOR (904) 729-5361
100 College Blvd.
Niceville, Florida 32578
PROJECT NAME: OKALOOSA WALTON JUNIOR COLLEGE
COLLEGE SPORTS COMPLEX
DESCRIPTION: LIGHTING OF BASEBALL COMPLEX
IV. CONTACT: MR. J.D. BENOIT, CITY ENGINEER (813) 752-3125
PRO.TECT NAME: OMA CITY SPORTS COMPLEX
PLANT CITY, FLORIDA
DF.SCRIPTION: LIGHTING & SERVICE TO (2)
SOFTBALL FIELDS
'Division Offices
'J{prtli Carofina · Soutli Carofina · yeargin . .5lIa6ama
,.
POWER ASSOCIATES REFERENCES
Dwight Holmes - (813) 831-2633; Rowe Holmes Hammer Russell Architects
Project: Lake Placed High School in Sebring, FL
He had no complaints about Power Associates. They used Musco on
the Lake Placid project, and Musco gives a lot of support. Power
Associates were very cooperative, they were in compliance with the
bond requirements and they wre within the time and budget frame.
He would recommend them.
Benje Cauley - (904) 437-7472; County of Flagler, Florida
Project: County of Flagler Recreation Complex
He said Power Associates did a real good job. They were on time
and within budget. He had piggybacked with Belusha County so he
got a good price. He would recommend them.
Richard Stallworth - (904) 729-5361; Niceville, FL
Project: Okaloosa Walton Junior College Sports Complex
Power Associates did a good job for him. The poles and fixtures
were one bid and the installation was on a separate bid. This was
not Mr. Stallworth's choice. He said they were cooperative and
hard workers. The work was done in 4 days, testing was done on
the 5th day. This was working with over 100' poles, bad soil
conditions, poles having to go down 20' ; in short, not an easy
job. He was pleased with their work and would recommend them. He
also said he would have someone on the staff here work with them.
It helps communication and getting the job done correctly, but he
thinks no contractor should be left entirely on their own.
J. D. Benoit - (904) 743-6950; City Engineer, Plant City, FL
Project: Oma City Sports Complex, Plant City, FL
Power Associates was not the low bidder initially, but they
pointed out that the specifications were contradictory. This was
true and the job was rebid. Power Associates was then the low
bidder. Since they were new in town, they had difficulty in
lining up suppliers. However, they did install as specified, the
change orders were done correctly, and they were within time and
budget parameters. He would not have any basis to disallow them
on a bid.
Paul Cozzie - (407) 932-4050; City of Kissimee, FL
He rejected Power Associates, even though they were low bidder.
He went with American Lighting out of West Palm Beach who, by the
way, did an excellent job. He said there were many statements
that could not be verified and people who said to be careful of
Frank Lott. Mr. Lott had previously bid without an electrical
contractor's license, & functioned more as a brokering firm for
other lighting, crane, & foundation companies, etc. Kathy Santa
of the City of Largo and former partner C.D. Butch spoke against
Mr. Lott. When Palm City rejected them, Carole Lott sent a
telegram 1 hour before the meeting, saying they were a minority
business & had been treated unfairly. This was not true. The
trucks used by Power Associates were trucks belonging to
subcontractors, not to Power Associates.
"
-
- - - -
- -- - HVAC
- --
- - - 'PLUMBING
- -- ELECTRICAL
-
- -
THOMPSON ENGINEERING CONSUL TANTS
JULY 6. 1992
City of Delrav Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: Mr. Ted Glass - Purchasing Officer
Re: Pompey Park Atlantic Field Lightlng
Dear Mr. Glass:
I have reviewed the three bids submltted for the above
referenced project. It is my opinion that all three bids were
responsive.
Based on the lowest bid proposal I recommend the Ci ty select
the Power Associates to do this work. My only concern is that
Power Associates 1S not a local fir m and any warranty work
may be difficult to have corrected. Perhaps a local affiliate
c-Ould be named for warranty work by the Power Associates.
If you have any questions, please call.
Yours Truly. /. , /
Daniel ~/~l/J'll!/i/'-
E. Thompson
c . c . Mr. Joe Weldon - Parks and Recreatlon Director
RECEIVED .\U\ 9 1992
25 SEA8REEZE A VEt-JUE. SUITE 202 DELRAY BEACH, FlORID^ ll<1P"
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71.;',
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 fff
DATE: July 21, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JULY 28, 1992 - BID AWARD - BID #92-53
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award contracts to contractors
listed below, at a total combined cost of 32,647,75. Per the Finance
Department, funding is from:
( ) .
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation.
Property Contractor Amount
238 SW 5th Ave Abisset Corporation $15,702.75
246 SW 13th Ave Intercontinental Const. $16,945.00
Recommendation:
Staff recommends award to the low bidders as stated above, at a total
cost of $32,647.75. Funding as stated above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc: Lula Butler
~.V.'; .
..
...
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~ f
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: JULY 20, 1992
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for two 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
91-054HR 238 SOUTHWEST 5TH AVE. $15,702.75
91-024HR 246 SOUTHWEST 13TH AVE. $16,945.00
HR2
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 92- 53
APPLICANT: EMMA LEE FOREST
APPLICATION #: 91-24HR
PROJECT ADDRESS: 246 SOUTHWEST 13TH AVENUE
DATE OF BID LETTERS: JUNE 30, 1992
DATE OF BID OPENING: JULY 10, 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GAMZO, INC. $
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $ 18.445.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $ 19.190.00
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $ 18,565.00
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $ 30,718.50
IN - HOUSE ESTIMATE: $ 16.995.00
CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP.
BID/CONTRACT AMOUNT: $ 16,945.00
COMMENTS: LOW BIDDER IS BEYOND PROGRAM LIMITS. INTERIOR PAINT WAS ELIMINATED
TO ACCOMMODATE PROJECT.
BIDFORM/PG1
"
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 92- 53
APPLICANT: MAE BELL & FLETCHER SMITH
APPLICATION #: 91-054HR
PROJECT ADDRESS: 238 SOUTHWEST 5TH AVENUE
DATE OF BID LETTERS: JUNE 30, 1992
DATE OF BID OPENING: JULY 10, 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 14,955.00
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GAMZO, INC. $
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $ 16,667.00
INTERCONTINENTAL CONSTRUCTION CORP $21,520.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $ 17,420.00
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $17,950.00
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $33,947.50
IN - HOUSE ESTIMATE: $ 16,155.00
CONTRACTOR AWARDED CONTRACT: ABISSET CORPORATION
BID/CONTRACT AMOUNT: $ 14,955.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
,.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer /y
/I"
DATE: July 22, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 28,1992 - BID AWARD - BID #92-46
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award two (2) contracts to MJD
Construction Service, at a total combined cost of $24,071.25. Per the
Finance Department, funding is from:
( ) .
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation.
Property Contractor Amount
1327 Lee Street MJD Construction $11 ,529. 00
316 S. Swinton Ave. MJD Construction $12,542.25
Recommendation:
Staff recommends award to the low bidder as stated above, at a total
cost of $24,071.25. Funding as stated above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc: Lula Butler
~'V.4
"
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER ~
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: JUNE 29, 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:
Casel Address Grant Amount
92-017HR 1327 LEE STREET $11,529.00
91-038HR 316 S. SWINTON AVE. $12,542.25
HR2
...~~-,.
"
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION S~EET
BID #: 92- 46HR
-
APPLICANT: ANNIE HOLT
~PPLICATION #: 92-017HR
PROJECT ADDRESS: 1327 LEE STREET
DATE OF BID LETTERS: MAY 19, 1992
pATE OF BID OPENING: MAY 29, 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 12,725.00
8 & JR CONSTRUCTION ~
CSB CONSTRUCTION, INC. .$ 15,955.00
lST CONSTRUCTION OF PALM-BEACHES $
GAMZO, INC. $ 12,485.00
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $ 13.810.00
INTERCONTINENTAL CONSTRUCTION CORP $ 14.915.00
, l'-lARK GRIFFITH $
MJD CONSTRUCTION SERVICES $ 10,980.00
MSL CONSTRUCTION, INC. $
M.S.~. CONSTRUCTION $
~RESTON CONSTRUCTION $
PAUL GEORGE BUILDERS $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $
ROBERT CHARLES BUILDERS $
JARED KANE CO.. INC. $
IN - HOUSE ES~IMATE: $ 14,505.00
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICE
BID/CONTRACT AMOUNT: $ 10.980.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
..
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 9 2 - HR
APPLICANT: DEVONNE HERRINGTON
APPLICATION #: 91-038HR
PROJECT ADDRESS: 316 S. SWINTON AVENUE
DATE OF BID LETTERS: MAY 19, 1992
pATE OF BID OPENING: MAY 29, 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 15,845.00
8 & JR CONSTRUCTION ~
CSB CONSTRUCTION, INC. ,$ 20,975.00
lST CONSTRUCTION OF PALM BEACHES $
GAMZO, INC. $ 14,090.00
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $ 16,975.00
INTERCONTINENTAL CONSTRUCTION CORP $ 16,905.00
fvlARK GRIFFITH $
MJD CONSTRUCTION SERVICES $ 11,945.00
MSL CONSTRUCTION, INC. $
M.S.~. CONSTRUCTION $
~RESTON CONSTRUCTION ~
PAUL GEORGE BUILDERS $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $
ROBERT CHARLES BUILDERS $
JARED KANE CO. . INC. $
IN - HOUSE ES~IMATE: $ 16,935.00
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES
BID/CO~TRACT AMOUNT: $ 11,945.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
,-,..-,---" ...--
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM :It ~.~. - MEETING OF JULY 28. 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: July 24, 1992
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period July
20, 1992 through July 24, 1992. The following actions were
considered during this reporting period:
Planning and Zoning Board did not consider any appealable items
during the reporting period.
Site Plan Review and Appearance Board:
-Approved the architectural elevation plan (facade changes)
for Berkshire By The Sea.
-Approved the architectural elevation plan (awning
addition) for Advanced Estimating System, Inc.
-Tabled the architectural elevation plan for the
construction of a chain link fenced at Tropical Awning.
-Granted an 18 month extens ion to the site and development
plans for the Church of God of Prophecy.
-Tabled the site, landscape and architectural elevation
plans for the Snowdon Residential Treatment Center.
Historic Preservation Board did not hold a regular business
meeting during this reporting period.
"
"
. o~
tr11
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
~~
THRU: D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
Ctohk:~ ~
FROM: ;';~~MIN ALLEN, PLANNER I
SUBJECT: MEETING OF JULY 28, 1992
REPORT OF APPEALABLE LAND USE ITEMS
JULY 20, 1992, THRU JULY 24, 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 July 20, 1992, through July 24,
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
Ci ty Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
..
-
City Commission Documentation
Report of Appealable Land Use Items
July 20, 1992 thru July 24, 1992
Page 2
PLANNING AND ZONING BOARD (PZB) MEETING OF JULY 20, 1992:
No appealable items were considered by the Board. The following
agenda items which were considered by the Board will be
forwarded to the City Commission as separate agenda items:
* Recommended denial (5 to 2), of a conditional use request
for National Waste Recovery, a resource recovery facility
in the MIC zone district, at the NW 1st Street, west of
Congress Avenue.
* Recommended approval (7 to 0), of a conditional use request
in conjunction with the expansion of the Gelco operations
on North Congress Avenue. This item will be forwarded to
the City Commission once submission deficiencies (i.e.
property owner's authorization) is received and accepted.
* Recommended approval (6 to 1) , of a Text Amendment,
regarding SPRAB membership change regarding engineer.
* Recommended approval (7 to 0) , of a Text Amendment
regarding address for suites and bays.
* Deferred action regarding the CBD Parking Committee Report
in order to further workshop this item with the CRA and
DDA.
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF JULY
22, 1992: :
1- Approved the architectural elevation plan (facade changes)
pertaining to one building at the Berkshire By The Sea,
located between A-I-A and Andrews Avenue, north of Atlantic
Avenue and immediately north of the Grosvenor House (Vote 6
to 0). This item was continued from a previous meeting, at
which time the Board requested that information be provided
regarding the plans for the entire property. Information
provided indicates that the architectural elevations of all
the buildings will be improved.
2. Approved the architectural elevation plan (awning addition)
for Advanced Estimating Systems, Inc. located on the east
side of SE 5th Avenue, south of Atlantic Avenue (Vote 6 to
0) . Associated site plan changes will be approved
administratively as a non-impacting modification.
.. ,..,
"
City Commission Documentation
Report of Appealable Land Use Items
July 20, 1992 thru July 24, 1992
Page 3
3. The Board tabled the architectural elevation plan
associated with the construction of a chain link fence at
Tropical Awning, located on the east side of NE 3rd Avenue,
between NE 2nd & 3rd Streets (Vote 6 to 0) . The Board
requested that the applicant re-evaluate the vinyl texture
of the fence and the provision of additional landscaping
materials.
4. Granted an eighteen month extension to the site and
development plans for the Church of God of Prophecy,
located at the northeast corner SW 4th Street and 4th
Avenue (Vote 6 to 0).
5. The Board tabled the site, landscape and architectural
elevation plans for the Snowdon Residential Treatment
Center, which is an expansion to the residential component
of the South County Mental Health Facility located on S.
Military Trail, (Vote 6 to 0) . This facility is proposed
to provide short term residential treatment to mental
health patients. The Board wanted the applicant to
readdress the traffic and pedestrian circulation system.
No other appealable items were considered by the Board. However,
the following agenda item required Board action:
* Approved the business sign for Bizmart located within the
Delray Crossings Shopping Center at 1250 Linton Boulevard.
HISTORIC PRESERVATION BOARD MEETING: No Regular Business Meeting
was held within this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
.. ,,,'
..
. .
LOCATION MAP FOR
CITY COMMISSION MEETING
OF JULY 28, 1992
L-30 CANAL
I
LAKE IDA ROAD
j I
!WIlT
! !@
5 ! . .
I I
s I
l.OWSON IOULlVAIlD
I
UNTON IIOUUYARD I
@ ~
L-:sa CAJIW.
S.P.R.A.B. ITEMS:
1. - BERKSHIRE BY THE SEA
2. - ADVANCED ESTIMATING SYSTEMS
N 3. - TROPICAL AWNING
- 4. - CHURCH Of GOD OF PROPHECY
5. - SNOWDON RESIDENTIAL
TREATMENT CENTER
CITY OF DElRAY BEACH. FLORIDA
PLANNING DEPARNENT
,.
"
DIGBY BRIDGES,
MARSH & ASSOCIATES, P.A.
CHARTERED ARCHITECTS . PLANNERS . INTERIOR DESIGNERS
28 July 1992 F-1ECEIVED
Ms. Diane Dominguez JUl 2 8 1992
100 NW 1st Avenue
Delray Beach, FL 33444 CITY MAN,~GER'S OFFICE
RE: National Waste Recovery
Dear Diane:
On behalf of our client we wish to withdraw the above project from the Commission hearing for
Conditional Use.
We thank you for all your help.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
1Y1~
Digby C. Bridges, A.LA., R.I.B.A.
DeB/81
124 N.E. Fifth Avenue, Delra)' Beach, Florida lH8,i
407/278-1388 Palm Beach: 736-5866 Fax: 4071liS-7841
OCB 'AROOOR".\R ~"IlAROtllltl(l.\O Dfl't" 1t,.\Cl>lIHHI)(1
..
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i ".8. - MEETING OF JULY 28. 1992
CONDITIONAL USE APPROVAL/RESOURCE RECOVERY FACILITY
DATE: July 24, 1992
We have received a request for conditional use approval from National
Waste Recovery Inc. to establish a "Resource Recovery Facility" on
property located at the western end of N.W. 1st Street, immediately
east of the L.W.D.D. E-4 Canal.
This proposed facility will handle construction material to be
recycled for all of Palm Beach County, as well as northern Broward
County. An existing trailer and canopy will be retained and used for
offices. Site improvements include the installation of perimeter
landscape strips, a gate house, a concrete slab, hopper (crane) with
a three sided retention wall enclosure, and a six space parking lot
with associated landscaping. The proposed hours of operation are
from 6:30 a.m. to 6: 30 p. m. , Monday through Friday.
The Planning and Zoning Board at their July 20th meeting held a
public hearing on this item. Many people spoke in opposition to the
request citing concerns with respect to noise, dust, odors, air
pollution, and water pollution. In addition, we have received nine
letters of opposition. Prior to the vote, the applicant sought a
continuation so that he could explore conducting the use within an
enclosed building. A majority of the Board felt that even with a
building, much of the adverse impacts could not be overcome. The
Board recommended denial of the Conditional Use request, as
submitted, on a 5-2 vote (Currie and Naron dissenting).
A detailed staff report is attached as backup material for this item.
Recommend consideration of a request for conditional use approval
from National Waste Recovery Inc.
"
"
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
J~u~
THRU: DAVID J. OVACS, DIRECTOR
DE~TMENT OF P~ING AND ZONING
FROM: PA~I~ER II
SUBJECT: MEETING OF July 28, 1992
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH A RESOURCE RECOVERY FACILITY AT THE SOUTHEAST
CORNER OF N.W. 1ST. STREET AND THE E-4 L.W.D.D. CANAL.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a
"Resource Recovery Facility" on a parcel of land zoned MIC
(Mixed Industrial Commercial).
The property is located at the western end of N.W. 1st
Street immediately east of the L.W.D.D. Canal No. E-4.
BACKGROUND:
National Waste Recovery Inc. is seeking Conditional Use approval
to establish a facility which will receive, sort, and transfer
construction material ( A detail explanation of the use request
is contained on page 2 of the attached P&Z staff report) . In
summary, the facility will accept trucks with construction
debris which will dump construction material in an on site
hopper area. The debris will then be sorted i.e. metals will be
extracted by magnets and the balance of the material by a
"grappler". The recyclable material will be sorted into
recycling bins while non-recyclable material will be placed in a
separate bin. Storage areas are proposed for both types of
bins. Once they are full, they will periodically be removed
from the site.
The site improvements include the installation of perimeter
landscape strips, a gatehouse, a concrete slab, hopper (crane)
with a three sided retention wall enclosure, and a six space
parking lot with associated landscaping. The operation is to
have 5 employees and to operate from 6:30 A.M. to 6:30 P.M.
Monday through Friday. A detail description and analysis of the
use is attached in the Planning and zoning Board staff report.
,. h ~,
"
City Commission Documentation
Resource Recovery Facility - Conditional Use
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of July 20, 1992, the Planning and Zoning Board
held a public hearing in conjunction with the request. The
public packed and overflowed the City Commission chambers. Many
people spoke in opposition to the request citing concerns with
respect to noise, dust, odors, air pollution, water pollution.
In addition, 9 letters of opposition were received citing
similar concerns. After a lengthy public hearing the Planning
and Zoning Board recommended denial of the Conditional Use
request, as submitted, on a 5-2 vote (Currie and Naron)
dissenting. The Conditional Use denial was based upon the
following rational:
failure to make a positive finding with respect to Section
3.1.1 (Consistency) and Section 2.4.5(E)(5)(a) and (b)
(Conditional Use Findings) in that the use will have a
significantly detrimental effect upon the stability of the
neighborhood and will hinder development and redevelopment
of nearby properties, and;
failure to make positive finding with respect to Section
3.1.1 (Compliance with LDR) in that the proposed industrial
use will not be conducted wholly within an enclosed
building as required by Section 4.4.19(G)(2), and that
adequate mitigation of potential noise, dust and odor
pursuant to Section 99.05 and Section 4.6.17(D)(2) have not
been demonstrated.
Prior to taking the above action, the applicant sought a
continuation so that he could explore conducting the use within
an enclosure. A majority of the Board felt that even with a
building, much of the adverse impacts could not be overcome.
Also, it was noted that previous (staff) requests for
consideration of a structure were dismissed as it being an
impractical. Thus, the Board considered the application as it
had been submitted.
RECOMMENDED ACTION:
By motion, deny the Conditional Use request to establish a
If Resource Recovery Facilitylf based upon recommendations and
findings made by the Planning and Zoning Board.
Attachment:
* P&Z Staff Report
* Letters of objections
PD/CCRECY.DOC
.. ".11
,.
. PLANNING & ZONING BOARD ~\16vA~~ ~
- '4?e\fl&U ~ "L..
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 20, 1992
AGENDA ITEM: IILA.
ITEM: Conditional Use Request to Allow the Establishment of a Resource Recovery Facility
in the MIC Zone District, at N.W. 1st Street, West of Congress Avenue
w
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-
GENERAL DATA:
Owner.........................August and Claire Urdl
Developer/Operator............National Waste Recovery
3020 Highridge Road
Suite 300
Boynton Beach, FL 33426
Applicant/Agent...............Digby Bridges
Location......................South side of NW 1st Street, west
of Congress Avenue, east side of
E-4 Canal.
Property Size................ .1.79 acres.
City Land Use Plan............Commerce
City zoning...................HIC (Mixed Industrial and
Commercial)
Adjacent Zoning.........North: HIC
East: MIC
South: HIC
West: RM (Multiple Family Residential)
Existing Land Use.............Vacant (Existing trailer on
northeast corner of parcel)
Proposed Land U~e.............Resource recovery facility.
Water Service.................The site is served by an existing
2" water main along N.W 1st
Street, extending from an existing
8" water main along Congress
Avenue.
Sewer Service.................No service to site. Nearest
service is a 20" sewer force main
along west side of Congress III. A.
Avenue.
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P&Z Staff Report
National Waste Resource Recovery Facility
~ Conditional Use Request
Page 2
material will be removed by an unspecified carrier to be
transported to the County Landfill while the recycled material
will be transferred to the appropriate recycling facilities.
(See Exhibit "A" for layout of facilities.) An "outline of
operations" , which addresses some of the potential concerns of
the use, is attached as Exhibit IICII.
Conflicting information with respect to the proposed use is
noted between the Conditional Use application, Solid Waste
Authority permit application, and the applicant's presentations
to TAC and Planning and Zoning Board workshops.
The following description of the use is proposed, by staff, in
order to insure an accurate understanding of the development
proposal:
* The receipt, sorting and transferring (to recycling
facilities or the Palm Beach County Land Fill) of
construction waste. The waste does not include tree
stumps, ground cover, ground clearing or grubbing material,
general trash, toxic waste or biohazardous waste.
* All construction waste on the site will be contained only
within the hopper area (between retention walls) or in
their respective bins.
* Dust control will be by sprinkler system within the hopper
area.
* The hopper apparatus (grappler) will be mounted on the
ground and will extend approximately 16' - 18' from ground
level. The retention wall around the hopper area will be
5 ' high.
* Hours of operation will be from 7:00 A.M. to 5:00 P.M.
Monday through Friday for all loading, unloading, and
sorting of material. General clean up and office functions
can be conducted between 6:30 A.M. and 6:30 P.M. Monday
through Friday as requested in the Conditional Use
J1 ,.f~ application.
~1~ J- : No non-construction material (trash, garbage) will be
stored on the site overnight.
Recyclable material will be transported off site to the
~l~~J appropriate facilities once bins are full. Once filled, a
~ j~ bin will not remain on-site for a period exceeding six
&-~ working days.
<::I:
* The material bins are to be approximately 5 ' in height.
Loads will not exceed the top of the bins.
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P&Z Staff Report
National Waste Resource Recovery Faci~ity
Conditional Use Request
Page 3
CON D I T ION A L USE A N A L Y S I S:
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 Future Land Use Map designation for the property is
"Commerce". The allowable zoning designations which are deemed
consistent with the Commerce Land Use designation are:
- PCC Planned Commerce Center
- MIC Mixed Industrial and Commercial (current zoning)
- CF Community Facilities
The site is presently zoned MIC (Mixed Industrial and
Commercial). The proposed use of a "Resource Recovery Facility"
is allowed as a Conditional Use within the MIC zoning district.
The use is allowed within the zoning district (as a Conditional
Use) and the existing zoning is consistent with the Future Land
Use Map designation.
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.)
Water:
Potable water service exists to the site via a 2" water main
extension from the 8" main at N.W. 1st Street and Congress
Avenue. To provide f ire protection to this site extension of
the 8" main from N.W. 1st Street and Congress Avenue
(approximately 500') will be required. Fire hydrants every 300'
along the new main as well as fire hydrants on site will be
required to meet minimum spacing requirements of Section
6.1.10(8).
Extension of an 8" dead end main down N. W . 1st. Street raises
concerns over adequacy of pressure for fire flow. Fire flow
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 4
tests will be required; and, based upon the results, additional
improvements i.e. looping to an existing main to the west (Davis
Road) or to the north (Gelco Site) may be required. If the 8"
main extension does not require looping either irrigation or
potable water service must utilize the main to provide
"flushing" action thereby alleviating bacteria buildup.
Streets and Traffic:
A traffic study has been submitted and the development is
anticipated to generate approximately 93 trips per day.
Pursuant to the Palm Beach Traffic Performance Ordinance 90-40,
if the net trip generation is less than 200 trips per day the
project must only address traffic impact at the directly
accessed roadways (N.W. 1st Street and Congress Avenue). While
the traffic study demonstrates that the site will meet traffic
concurrency, several technical deficiencies were noted and a
revised study was requested. The revised study has not been
received. (Note: At the Planning and Zoning Board workshop,
the operator stated that 100 loads a day would be accommodated.
100 loads yields 200 trips, plus employee traffic. If this is
the case then further revisions to the traffic study will be
required. )
The site will take ingress and egress from N.W. 1st. Street.
This street has a 12' width of pavement and is in disrepair.
This substandard street section will not provide safe or
adequate access to the site and accommodate other uses.
Therefore, pursuant to Section S.3.1(E)(2)(a) this development
will be required to construct N.W. 1st Street to City standards
(24' pavement section) from Congress Avenue to the subject
property (approximately 550').
Further, as N.W. 1st Street will terminate at this site a 90'
cul-de-sac or other acceptable turn around is to be provided
pursuant to Section 6.1.2(B)(4). As this property owner will be
responsible for building N.W. 1st Street, a temporary turn
around on the site itself would be acceptable at this time. The
dedication of the additional right-of-way and provision of the
permanent cul-de-sac would be exacted with development of the
vacant property on the north side of N.W. 1st Street. With the
full site plan submittal, plans for both temporary and permanent
turnarounds are to be provided.
Easements documents for N.W. 1st Street from Congress Avenue to
the site were requested of the applicant and have not been
provided. Upon review of the surrounding surveys and plats
there appears to be a total of 45' of right-of-way and roadway
easements from Congress Avenue to the west property line
(L.W.D.D. Canal E-4). In discussions with the applicant and his
representatives these easements are dedicated for roadway
purposes for utilization by adjacent property owners. While
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 5
this language clearly allows access of the property owners it is
unclear whether access to the general public is granted. To
clarify the status of the above easement areas it may warrant
action by the City to "convert" the roadway easement to a public
street/right-of-way. If access rights to the general public
are not obtainable, development of the site, as proposed, would
be inappropriate.
Sewer:
The nearest sewer main is currently located approximately 1,300'
- 1,500' to the north on the west side of Congress Avenue.
Sewer main extensions required for the Ge1co expansion and
Sendzimir plat may bring the sewer to within 1,000'. It is
proposed that this facility will be serviced via a septic tank
and drain field. Information on the location of the current and
proposed septic fields has been requested but not received.
These locations are a concern because all non-paved areas are
retention areas and planted heavily with trees and hedges for
screening. A permit from the Palm Beach County Health
Department will be required.
Pursuant to Section 5.3.3(F}, new development is to extend sewer
mains from their terminus to the furthest boundary of the
property involved. In this situation, since the sewer is 1,300'
to 1,500' away (may be 1,000') from the site, and the demand is
small (5 employes and clients) a waiver would be supported.
Drainage:
The drainage is to be provided via perimeter landscape swale
areas. The Environmental Services Department has reviewed the
drainage plans and determined they meet concurrency.
However, the swale areas are a potential visual concern given
this type of operation. It is anticipated that trash and silt
will escape the immediate area in which it will be dumped and
find its way into the perimeter retention/landscape buffer
areas. Additionally, the effectiveness of the retention areas
may be diminished over time given the large amount of landscape
buffer material which is proposed within them. Given this
situation a different drainage solution may be required.
Parks and Open Space:
Parks and Open Space dedications do not apply to commercial or
industrial properties.
Solid Waste:
The proposed use itself is not anticipated to generate much of
its own solid waste. However, the sorting and temporary storage
of solid waste which may be contained wi thin the construction
debris is a concern. (see discussion under the Consistency
section) .
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 6
Consistency: Compliance with the performance standards set
forth in Section 2.4.5(E)(5) (Conditional Use Findings) 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 the making of a finding of
overall consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following applicable policy was
found:
Conservation Element Policy B-2.5: Whenever new development or
redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via Policy
B-2.1, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to TCRPC
Policy 10.2.2.2.
As this site is 100% disturbed 10% of the total area
cannot be set aside as undisturbed. In addition all native
communities have been eradicated and any existing vegetation
consists of exotic species. As an alternative, the 10% of
the total area or 7,793 sq. ft. should be set aside along
the canal and planted with native species. The proposed 25'
buffer along the canal provides 8,722 sq. ft. and a native
tree planting percentage of approximately 79%.
Section 2.4.5(E)(5) (Standards for Conditional Use Actions):
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 MIC (Mixed Industrial and Commercial)
to the north, south and east, and RM (Multiple Family
Residential) to the west. The land use to the north is vacant,
on the south there is a single family home (non-conforming use)
and vacant land, to the east is Mixed Commercial/Industrial use
(Urdl Waterfall Creations) and vacant land exists west of the
E-4 Canal.
In order to assess the potential impacts of this operation on
adjacent properties, the applicant was asked to provide
information on any currently operating facilities he owns or
similar facilities operated by others. This information was to
include expected decibel levels of dumping of material, proposed
hopper ( crane) , 2 1/2 ton caterpillar and other machinery and
processing activity on site. This requested information has not
been provided.
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 7
In absence of the above information, a site visit was made by
Planning and Zoning staff members to a similar facility on Lox
Road, west of State Road 7 in South Palm Beach County. The Lox
Road site brings in construction materials which are dumped on
the ground, sorted by hand and tractors and loaded into bins by
large tractors. Through discussions with the foreman at that
sight and visual observations, the following information was
provided:
* To control dust the site had to be hosed down every half
hour.
* On the average, between 15% and 25% of the construction
debris was actually non-construction material with a
portion of the material being household waste.
* The site is noisy from tractors which scrape the ground
to push debris into piles for scooping up. A large
amount of the noise is attributed to the picking up of
material and dropping into recycling bins.
* Odor from the site was noted, apparently from the
non-construction waste on site.
The foremen mentioned that the Lox Road facility was soon to be
relocated to a site where the use would be conducted in an
enclosed building. The move is, in part, to help mitigate the
above impacts.
Of those concerns noted at the Lox Road site, the following
appear to be applicable to the subject property:
J .~ Noise Levels:
/) The use will generate noise when material is dumped on the
~,;f ground, pushed into piles, sorted and loaded into bins.
Although the site is zoned MIC (Mixed Industrial and
,if Commercial), it is approximately 90' from residentially
zoned property to the west. Pursuant to Section 99.05 (A)
~~ (sound levels of receiving land uses), maximum decibel
levels shall not exceed 60 exterior/45 interior; and 55
~ exterior/45 interior for daytime and nighttime hours
respectively.
Dust:
The applicant has indicated in his narrative that a "proper
dust control system" will be provided. No description or
plan of such equipment has been provided. Dust was clearly
a concern at the Lox Road site which processed similar
material. Given the prevailing westerly winds this dust
will be carried over the residentially zoned property and
existing residences to the west.
Of
P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 8
Smell:
Inherent in construction waste is a percentage of
non-construction material (15% - 25% for the Lox Road
Si te) . The applicant's narrative indicates that any
material other than construction material will not be
accepted. However, it is unrealistic to believe that a
trailer load of debris will not be accepted with at least a
certain amount of non-construction material. This
acceptable amount as well as material which may be
undiscovered (Le. buried) will create concerns with
respect to odor. With prevailing winds to the west this
odor will negatively impact adjacent residentially zoned
properties.
Water Consumption:
Dust control at the Lox Road site required hosing down the
site every hal f hour. Water consumption for this purpose
is a concern during periods of water restrictions.
Conflicts between preservation of water and control of dust
would arise given its location to residential properties to
the west.
Aesthetic Impact:
The western portion of the site is bordered by the Lake
Worth Drainage District E-4 canal. The accompanying sketch
plan shows a 25' landscape buffer along the west property
line with a dense planting of trees, hedges, and low
plantings. While this buffer appears to be adequate to
mitigate visual concerns with the adjacent residentially
zoned properties, some Planing and Zoning Board members
though a solid, opaque barrier would also mitigate odor and
noise and thus, be more appropriate.
However, it is noted that L.W.D.D. desires an additional
48' of easement area (for a total of 65' ) along the west
property line. Our understanding is that L.W.D.D. desires
Fee Simple ownership in the 48' and would then lease back
the property via a paving and parking agreement. As a
condition of the agreement and per the attached letter
(Exhibit "0"), the paving and parking agreement would
allow encroachment of "small shrubs and paving only" within
the easement area and would be subject to removal upon
demand. If this situation were to occur and the lease back
option implemented along the west property line, the
proposed trees would not be allowed within the easement
area and thus an inadequate buffer would be provided.
Further, landscaping material in the area would be subject
to removal upon demand by the L.W.D.D. This may
effectively leave no landscape buffer at all. Therefore,
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 9
if easement dedications are granted to L. W . D . D. , suitable
buffering outside the easement area will be required or the
use must cease. Information with respect to how buffering
would be achieved outside the L.W.D.D. easement has been
requested and has not been received.
Given the concerns with noise, odor and dust, the introduction
of this use, without acceptable mitigation, will have a
detrimental effect on the stability of neighborhoods
particularity to the west (High Point) and to the northwest
(Sudan subdivision).
Further, the introduction of the use would hinder development
and redevelopment of nearby properties. Not only would the use
have obvious detrimental effects on the residentially zoned
property immediately to the west but it would effect the quality
of Mixed Industrial and commercial development we can expect on
the vacant parcels to the north and south.
Compliance with Land Development Regulations:
Section 4.6.6 (Commercial and Industrial Uses to Operate within
a Building) allows Conditional Uses within commercial,
industrial or mixed use districts to be conducted outside if
visual and other impacts are mitigated. However, Section
4.4.19(G)(2) which modifies regulations within Section 4.6.6.
requires all industrial operations to be conducted wholly in an
enclosed building except for unloading and loading of materials
and outside storage including storage of vehicles pursuant to
Section 4.4.19(G)(1).
The applicability of 4.4.19(G)(1) to this request is a matter of
Board consideration. First, some history: prior to January,
1991 no Conditional Uses were allowed within the MIC district
and prior to that time Section 4.4.19(G)(2) limited all
permitted uses to enclosed buildings. In January, 1991 via
Ordinance No. 4-91 several Conditional Uses were added to the
MIC district as a result of a request by Gelco to accommodate
this operation as an allowable use within MIC. During the
discussions by the Planning and Zoning Board their was a
consensus to consider some uses, which would involve some
measure of outside activity, within the MIC district. Based on
that consensus, the Planning and Zoning Board recommended that
eight (8 ) Conditional Uses be added to the MIC district,
including Resource Recovery Facilities. Second, the II key II
phrase is that of lIindustrial operations". The proposed use, as
described, could be construed as encompassing allowable outdoor
activities since no actual lIoperationll e.g. grinding, mulching,
etc. occur. On the other hand, some may argue that IIsortingll is
an operation which would be prohibited out of doors. The
Director has allowed processing of the application based upon
the former position.
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 10
Pursuant to Section 4.6.17(0)(2) developers/owners shall be
required to contain the windblown material within the project
site. While this section relates to erosion control activities
for construction sites it would be applicable to any activity
which would create blowing material. While the applicant has
indicated in his narrative that dust control information has been
provided, it has yet to be received.
Pursuant to Section 5.3.1(0)(2) the minimum right-of-way width
for a local industrial street is 60' . The Engineering
Department will support a reduction of width to 50' given the
limited length and number of properties the street will serve.
Access to the subject property via a 24' pavement section can be
accommodated within the existing 45' of right-of-way (an
additional 5' will be required from the vacant parcel to the
north) .
Pursuant to the Palm Beach County Solid Waste Act, Chapter
75-473 no person shall operate a resource recovery operation
without first receiving a valid operating permit from the Solid
Waste Authority. Accordingly, as part of any land development
application Section 4.3.3(Z) requires that a letter from the
Solid Waste Authority accompany the application which states its
knowledge of the proposed facility. A letter from the Solid
Waste Authority to the applicant acknowledging receipt of an
incomplete submittal has been provided. Attached to that
correspondence is a copy of the Solid Waste permit application.
The following inconsistencies are noted between information
provided wi thin the Conditional Use application and the Solid
Waste Authority permit application:
Hours of operation are indicated as 7:00 A.M. to 6:00P.M.,
Monday through Saturday on the SWA permit application while
the Conditional Use request is 6:30 A.M. to 6:30 P.M.
Monday through Friday.
The proposed service/market area is indicated as Delray and
the surrounding area on the SWA application while the
information provided by the applicant at the Planning and
Zoning Board workshop was that waste would be received from
Palm Beach County and southern Broward County. Acceptance
of garbage outside the County will violate a direction from
the County Commission to SWA that out of County refuse
should not be accepted.
OTHER:
Sidewalks:
Pursuant to Section 6.1.3(A) sidewalks are required along both
sides of N.W. 1st Street. Given the limited pedestrian need and
the limited length of the street, the Engineering Department
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 11
would support a waiver of the sidewalk. This recommendation is
with the understanding that a minimum street section of at least
45' be maintained in case future installation of a sidewalk on
one side of the road is desired with the development of the
vacant property to the north.
Proposed Hours of Operation:
The narrative accompanying the Conditional Use request indicates
the proposed hours of operation are from 6:30 A.M. to 6:30 P.M.
Monday through Friday. It is noted, in the Code of City
Ordinances Section 99.04, that different noise levels are
permitted for daytime (7:00 A.M. to 10:00 P.M. ) and evening
(10:00 P.M. to 7:00 A.M.). Attempting to regulate noise under
two different conditions could create problems, therefore, if
approval were to be granted the hours of operation should be no
earlier than 7:00 A.M for any dumping, sorting or loading
functions.
Outstanding Liens or Code Enforcement Action on the Site:
The City Clerk and Code Enforcement Departments have been
contacted to determine if outstanding liens or Code Enforcement
actions exist for this site. After review it has been
determined that no outstanding items are noted.
REV I E W B Y o THE R S:
This is not in a geographic area requiring review by either the
HPB (Historic Preservation Board) , DDA (Downtown Development
Authority) or the CRA (Community Redevelopment Agency).
If the Conditional Use request is approved, a site plan must be
submitted for review by the Site Plan Review and Appearance
Board. The site is to be generally consistent with the sketch
plan and conditions of Conditional Use approval.
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to several interested parties from surrounding
homeowner groups.
Special Notice:
Special notice along with copies of the sketch plan have been
provided to the L.W.D.D. (Lake Worth Drainage District), SWA
(Solid Waste Authority) . In addition, the owners of the
property to the north (Sendzimir) and to the west (Tate
property) received special notice along with a copy of the staff
report.
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 12
Letters of Objection:
The Planning and Zoning Department has received letters of
objection from Country Manors Homeowners Association Inc., PROD,
High Point of Delray Beach Condominium Association and Tate
Enterprises. Copies are attached for your information. Other
letters if any, will be presented at the hearing.
ASS E SSM E N T AND CON C L U S ION S:
From a concurrency point of view there are concerns with
provision of adequate fire protection i.e. main extension, fire
hydrant installation and adequate system pressure. In addition,
concerns with respect to access i.e. status of access easements
and provision of adequate access roadways and turn arounds are
noted. While solutions to these concerns may be expensive, they
can be accommodated.
Land Development Regulation concerns are noted with respect to
noise compliance (Section 99.05), solid waste (non
construction), dust control compliance [Section 4.6.17(0)(2)],
water consumption, and provision of adequate buffering i.e.
L.W.D.D. easement area. Given this type of use, compliance with
these items will be difficult, if not impossible.
An attempt to assess the impacts with respect to compatibility
was made through requests for specific information. This
information has not been provided thus, in its absence, a field
trip was made to a similar facility. With the field trip,
certain environmental concerns were noted which would appear to
relate to this site. These include noise, odor
(non-construction material), dust and visual concerns. These
concerns will have a detrimental effect on the stability of the
surrounding neighborhood and will also hinder development of
adjacent vacant properties to the west, north, and south.
Conclusion: With the lack of requested specific information,
the full extend of the potential adverse impacts of this outside
use are not known. However, the establishment of the use, as
proposed will have detrimental effects on the adjacent
neighborhood and adjacent properties. The provision of this
type of facility within an enclosed building may adequately
mitigate the compatibility concerns.
A L T ERN A T I V E C 0 U R S E S o F ACT ION S:
A. Continue with direction.
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P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 13
~ B. Recommend approval of the Conditional Use request based
IS upon positive findings with respect to Section 3.1.1 and
1 Section 2.4.5(0)(5) (Conditional Use Finding) and policies
:t~ of the Comprehensive Plan subject to the following
conditions:
-J
1. That the site plan be consistent with the attached
...
~~ sketch plan and accommodate the following items:
~~ A. The provision of an acceptable temporary turn
around on site.
l{ B. That an opaque wall be provided along the west
t property line.
Jl C. Clarification of the access easements and
provision of access rights to the general public
i~ including the ability to improve N.W. 1st Street
to City street standards.
D. Provision of improvement plans and construction
~ ~ of N.W. 1st Street (24' pavement to City
~J standards).
E. Provision of 8" water main extension down 1st
~1
Street and flow pressure compliance (may require
additional improvements).
~ 0
t 2. That the extent of the use be limited to the
~~ description contained on page 2 of the staff report.
6~ 3. Operational compliance with Section 99.05 (Noise
~i abatement) and Section 4.6.17(0)(2) (Dust Control).
~. 5"0 ~ QPfhc~@ ~f~~W-
~ 4. Intensity is limited to less than ~ loads per day. .
~ Otherwise a new traffic study and approval of a
~ 'f modification by the Planning and Zoning Board shall be
required.
cJ
~...t. 5. If the L.W.D.D. easement is given, a buffer of similar
~~ width and material (as shown on the sketch plan) must
be provided outside the easement area or the
Conditional Use approval will become void.
6. Obtaining a waiver from Section 5.3.3(F) (sewer main
extension) .
C. Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1,
Section 2.4.5(0)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to the conditions listed
in "B" above and the accommodation of the use within an
enclosed building.
I. .,."
P&Z Staff Report
National Waste Resource Recovery Facility
Conditional Use Request
Page 14
D. Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
S T A F F R E COM MEN D A T ION:
Recommend denial of the Conditional Use request for a "Resource
Recovery Facility" as submitted, based upon failure to make a
positive finding with respect to the following:
* Section 3.1.1 (Consistency) and Section 2.4.5(E)(5)(a) and
(b) (Conditional Use Findings) in that the use will have a
significantly detrimental effect upon the stability of the
neighborhood and will hinder development and redevelopment
of nearby properties, and;
* Section 3.1.1 (Compliance with LDR) in that the proposed
industrial use will not be conducted wholly within an
enclosed building as required by Section 4.4.19(G)(2), and
that adequate mitigation of potential noise, dust and odor
pursuant to Section 99.05 and Section 4.6.l7(D)(2) have not
been demonstrated.
PD/RECYCLE1.DOC
.
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(K) Describe in detail the proposed improvements and indicate any
phasing: It is proposed to place a standard material sorting
and transfer facility on site. The existing building will
remain and be used for the offices. The area is to be paved
using concrete. to accommodate the required parkinQ and
material sortinq equipment. From the entrance qates there is
a roadway entrance UP to a new gatehouse. There is a stacking
distance of +180'. All trucks will be checked at the qate to
insure that only construction waste is beinq delivered.
situated in the center of the concrete apron is a hopper into
which all trucks discharge. Servicing the hopper is a crane
which sorts out the various pieces dependinq on the type of
material. situated on the concrete apron are spare bins and
transfer trailers. some of which will be full awaitinq
transportation to the recycling plants or railway lines. The
entire perimeter of the concrete apron is highly landscaped.
(L) state the reasons or basis for this conditional use and site
plan request and explain why this request is consistent with
good zoning practice, not contrary to the Master Plan, and not
detrimental to the promotion of public appearance, comfort,
convenience, general welfare, good order, health, morals,
prosperity, and safety of the city.
The site which is tucked away in the middle of the M.I.C.
zoning is an ideal location for such a facility. Access to
1-95 is ideal. with the minimum of travel distance on the
local roadways. As can be seen form the site plan. the
complete area is heavily landscaped and would not be visible
from any direction. The facility onlY handles construction
material waste and will be in operation durinq normal working
hours onlY. Bearing in mind that this use is an allowable use
under M.I.C. zoninq and taking into account the site position
and improvements to be put in place. we feel that this request
is consistent with good zoning practice. not contrary to the
Master Plan. and not detrimental to the promotion of public
appearance. comfort. convenience. general welfare. Qood order.
health. morals. prosperity. and safety of the city.
- 3 -
10/83
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NATIONAL WASTE RECOVERY
.....' 1122 N'w. FIRST STREET. OELRAY BEACH FL33444""~
WASTE COLLECTION, RECYCUt~G & TRANSFER
Digby Bridges, Marsh & May 26, 1992
Associates, P.A.
124 Northeast 5th Avenue
Dekay Beach, FL. 33483
AUn: Digby Bridges
Re: Outline of Operation
Gentlemen:
Pursuant to our meeting on Monday, May 18, 1992, we are pleased 10 submillo you a brief
overview of operations for our proposed recycling facility at the Dckay location. We have
provided some detailed drawings for your com'cnience. See att:1ched information.
SUMMARY OF OPERATION:
Our method of operation has been designed through many years of thorough research in the
construction and demolition debris collection, recycling, and recovcry industry. We have
determined sollutions to some of the ongoing problems that exist in the industry today. Just to
mention one of several, recyclers stockpile debris in enormous amounts and have difficulty
efficiently processing the waste materials. \Ve have determined that it is not necessary to
stockpile materials and furthennorc it crcates problems to our cnviromenl. Our operation is
capable of proccssing matcrial quickly and efficiently as it is receivcd, and can still maintain a
30%-50% recovery volume.
HOURS OF OPERATION:
Our normal hours of operation will be Monday thru Friday, from 6:30AM to 6:30PM.
DUST CONTROL:
Due to the mcthod of our operation, the amount of dust created will be vcry minimal bccause our
materials are processed immediately and efficiently. Howc\'cc, lD prevent any future dust
problems, our facility will be equipped with the proper dust control system as indicated on the
attached drawing. ,
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LITTER CONTROL:
Naturally, any load that enters our facility from the public highways, will have the proper load
covers required by law. Our loads will be dumped in a designated area (truck unloading hopper
shown on attached drawing) and processed immediately.
RUN OFF:
Our sorting area will be cleaned of all loose debris on a daily basis and concrete baniers wiu t>e
used to prevent loose debris from being washed into landscaped swells.
tL~~~ 7.
ODOR:
The materials received at our facility are restricted to construction debris and processed'
immediately. therefore a fowl odor will not occur. , r: C ,~(' ~, ,
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NOrSE LEVEL:
Due to the efficiencies of our operation. there is less equipment required to enable us to process
materials. lU~,. I "r., I ..' A +~ ~
EMERGENCY BACKUP EOUIPMENT:
The equipment that will be used for trash collection will be capable of processing malcrial
quickly and efficiently. This equipment will become our backup during any emergency
situation.
CONTROLLING TYPE OF WASTE RECEIVED:
To assure proper waste control, double inspection of every load will be required. All trucks will
be inspected at the access control gate and at the unloading hopper. Any matteriaJs other than
standard construction debris will not be accepted. 2
.
MEASUREMENT BY TRUCK:
All incoming trucks arc checked in at access control and arc then mea..c:;urcd in cubic yards and
will be charged as per our rate schedule.
TRAFFIC CONTROL & UNLOADING:
All incoming traffic will enter our facility using the lane provided and will go through lhe access
control area where it will then be directed to the sorting location. At this lime. the truck is
guided inlo lhe unloading hopper. Then the truck will exit ihe facility using the lane provided.
Ekh/S/'T \le'I"
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C. Slanley Weavflf
K8m1lt Oetl
~ 1. Whltwor1h 11/
Sec:matyt\latIaQW
W11am G. WlIlterl
LAKE WORTH DRAINAGE DISTRICT AaaistanU.c~
Richatd 5, WheeQtIaI\
Anomer
Petry & Schone, PA
13081 MILITARY TRAIL
DELAA Y BEACH. FLORIDA 33484
.July i , i992
r"iS. Ja:;min Allen, Planner .i
Planning and Zoning Department
City of Delray Beach
laC N.W. 1st Averme
Delray Beach, FL 33444-
Re: Notice of Development petition (National Waste Recovery)
Which lIe:; adjacent to the L.W.D.D. E-4 Canal
Dear Ms. Allen:
All existing encroachments will be removed from the Paving and
Parking Agreement area. Some fencing will be replaced and certain
shrubbery and hedges will be pe~nitted for landscaping needs. The
tin",} location on these i teln::; is to be determined and agreed upon
with a finalized drawing as a part of the final Agreement.
The District fully intend:; to exerci:3e all of it:3 options with
the continued support of the City of Delray Beach.
Sincerely,
~). Ju~
Richard S. ~Jheel.ihan
Assistant Manager
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~lft~rrWJEW
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EJ<I!ID/T \'Olf jUL 6 1992
PLANNING & ZONING
0eIray Beach & Boca Raron 498-5363 . Boynt)n Beadl & West Palm Beach 737-3835 . FAX (407) 495-9694
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NATIONAL WASTE
RECOVERY
CONCRCSS SO\SI.K
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(fotJnt~y lDanons
ASS 0 C I A T ION. INC.
July 10, 1992
Mayor Thomas Lynch
100 N.W. 1st Ave.
Delray Beach, FL ))444
Dear Mayor Lynch:
On behalf of the 440 Unit Owners in Country Manors, we want
to express our strong opposition to the proposed establish-
ment of a recycling plant on property located on N.W. 1st
street between Congress and the E-4 Canal. We understand that
this facility would handle construction and demolition debris
which would be sorted on-site and then transferred to various
recycling sites.
This type of operation, in our opinion, does not blend into
the immediate surrounding areas that are largely residential
in character. The operations would create considerable amounts
of dust over wide areas as well as placing putrid odors into
the atmosphere. Moreover, the facility would develop a large
volume of heavy truck traffic over the local street network
which is already heavily travelled.
We understand that the neighboring community of Boynton Beach
has a similar facility now in operation and has had consider-
able problems.
.
William J. ose, President
Board of Directors .~,
'..
WJB:ml .. (1~~ '
~~~
H 1 C. . ~~~~ ,.~"' --
cc - J. a pern - omml.SSl.oner <:<:~~ {';, ~~
W. Andrews - Commissioner ~,~::,~~$ -~:,
w. Randolph - Commissioner \.:......;~~.. <".-
A. J'f,owe - Commissioner ,) ~ .::, .."
D. Kovacs - Planning & Zoning Commission \.f..~
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aV"n f"'t"'\""TCY u....P\J/"'\cc:: 01'"'1'" I="....or"'l . r"'Il=l O....Y ol="J"~ 1=1 /"'\Olr"'lA "l"ldd<;
'1' 1'.1;
HIGH POINT OF .li(ClEUW1EID)
o ELRA' J\}l 1 ~ \fR.,
CONDOMINIUM ASSOCIATION - SECTION IV INC. &. lON\NU
824 CLUB DIM PL~NN\NG __
OELAAY BEACH, FLORIDA 33445
J'11"1 ::.L, 1CO?
,.:9..yo~ :O~! :"~">i. ~h
:~tv ~~ Je~r~y 3e~:~
100 .:.,:. lst ~.; e .
~elray Beach, -='1 3344LJ..
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"'0. ::1C::CS~:; ~::'::Y~:I~rG S~1\!?:-;{
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:oc?.~:'O"1: '~est :::i.je of ':G'1gress~ve. bet',,,een
':F.:",t _-1.tl?.'1ti,~ :~ve. a~'~ :::':1:,:e Ii:3. Ro~d
Dear !-qyor 1:r"l~h:
-'ie hqve been advised that the ~latio~al ";aste Recovery - a/k/a Recycling
Inc. is comi~g before the rlanning a~1 ~oning Board on July 20th-Public
Hearing for ~ conditio~al use to allow the establishment of a resource
recovery facility ~~ the above loc~tion. ?he f~cility will handle
construction and de~oli~io~ DEBRIS ~hich will be sorten a~d ?~GC3S3ZJ
on site and "lhich "iill XC:: 52:: CO~r:1:C:'::::J -.T.:'HLl :\ 5UI:Dr;G.
:'he applicants' hours of operation '"ill be I.:onday thru I:>ri13.Y from
6: 30 _~.: to 6: JC 2,:. ~he applicant "'i 11 have trucks stRcked (from
public high~ays) then ~ debris into hoppers for Drocessin~. We
ouote from the applica.'1ts' "Gutline of Operation" - Servicing the
Hopper is a ZR~iE which sorts out the various pieces depending on the
type of material. Situated on the concrete apro~ are SPARE BINS and
TRANSFER TR~IL~RS, some of which WILL BE FULL - ,-\'::AI:'E~G transportation
to the recycllng plants or railway lines".
-.'le who live ''lest of 1-95 will be inundated with dust, noise and odor.
'~e feel that this proposed project is denigrating to our city, our
area, our property value and our auality of life.
Mr. ~ayor, we do not ~~nt clouds of dust covering our homes, we do not
want the stench of waste - nor would we appreciate the noise from
6:30 AM to 6:)0 R~ that this project would generate.
How the applicant ca!'1 state - and I auote - "we feel that this reouest
is .....not detrimental to the promotion of public appearance, comfort,
conve!'1ience, general welfare, good order, health, morals, prosperity,
and safety of the city" is incomprehensible.
We urge you not to allow this recycling center to come into our
City.
cc: Commissioners: Sincerely,
Jay Alperin
Bill Andrews Board of Directors
Armand Mouw />
Dave Randolph ~ ~
Planning Director - David Kovacs .,: ;/1-(.( {( 0. -::J:;:-y~'
Gerald A. Filippi, Vice-Pres.
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PROD
- ..... PROGRESSIVE RESIDENTS OF DELRAY ~~
P.O. Box 1301 ~\~~
Delray Beach, Florida 33444 ~ ~ n. (}
498-2664 ....?(z.,::l ~~ ~ ~~
JU~' '1~~, l~92 "'va
,'- ,~ <'e-
Mayor Tom Lynch '~ J ~0
~ity cf Delray Beach ~~
100 ~.W. 1st Ave. ~
Delray Beach, Fl. 33444 ~v
RE: PROPOSED RECYCLING CENTER
LQcatio~: West Side of Congress Ave. between West Atlantic Ave.
and Lake Ida Read.
Dear ~!ayor Lynch:
t';e h..n~ been aevised that the ~jational Waste Recovery - a/k/ a Recycling
I~c. ~s cominS bef0re the Pla~~ing & Zoning Board on July 20th#public
Hear:ng for a ,.::onditional USE; t..,) allow the establishraent of a resource
recovery :ac~llty at the above location. The facility will handle
co:.~~ructi..)[L aC'.d demolition DE3RIS which will be sorted and PROCESS2D
O~ ~~~~:~J ~hich ~~ll ~:7 L~ x~juctej ~:thl~ a buildina.
- ~
The a~rllcants' hours of operation will be Monday thru Friday from
6:3": ;..;.: t2 6:30 ?~1. The applicant will have trucks stacked (from
rLi~: i. c ill 'd:.'h't..iis) tr:en ~ debris ir, t.o hoppers for process~ng. We
quote :.c:'ffi :'~k applican::s' "Outline of OperatIon" - "Servici:",g the
Hopper 1S a C~~E which sorts out the various pieces depending on the
tYFe ~: ~aterial. Sit~ated on the concrete apron are SPARE BINS and
TF~~S~ER TRAILERS, some of which WILL BE FULL - AWAITING transportation
to the recycling plants or railway lines".
We who live west of 1-95 will be inundated with dust, noise and odor.
We feel that this proposed project is denigrating to our city, our
area, our property value and our quality of life. .
Mr. Mayor, we do not want clouds of dust covering our homes, we do not
want the stench of waste - nor would we appreciate the noise from 6:30AM
to 6:30 PM that. his project would generate.
Ho\-/ the applicant can state - and I quote - "we feel that this request is
.... not detrimental to the promotion of public appearance, comfort,
co~venience, general welfare, good order, health, morals, prosperity, and
safety of the City" is incomprehensible.
Mr. l<ayor, we are ;:>art of this city - and the .'we&i.....~ateBu.."OOdS.
Chatelaine, Country Manor, Oelray Shores, Hamlet, Hiqh~ Pain (7 Associ-
ti0ns), Oakmont, , Pines of Delray North, Rainberry ay, inberry Lakes,
Temple Sinai, Windy Creek and Woodlake - all of whom will be directly
effected by this proposed project. We urge you ~ to allow this travesty
to come into our city, especially when we are try~ng so hard to bring
East and West together for the good for ALL of the citizens of Delray
Beach.
CC: Commissioners: ~
Jay Alperin Si rely~
Bill Andrews Lt9 ~ ;[, - ~::P
Armand Mouw .. ___ H en Coopersmith, President
~~~:- ~~~d~7~~_t-,",r - David !-'0"/acs /
.. ,.q,
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HIGH POINT OF DELRA Y BEACH
CONDOMINIUM ASSOCIATION 292 HIGH POINT BOULEVARD
DElRAY BEACH, FlORIDA 33445
SECTION I
July 14 t 1992
Mayor Tom Lynch
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach FL 33444 RE: Proposed Recycling Center
W. Side of Congress Ave. between
W. Atlantic Ave. and Lk. Ida Rd.
Dear Mayor Lynch:
The people of Section 1 of High Point of Delray Beach Condominium Association
are dismayed and upset that our City would even think of permitting the
installation of a Recycling Center in the above described area. As described
in tOday's Sun-Sentinel t this facility is an environmental disaster in the
making. Not only is our ground water in jeopardy but certainly the quality
of the air we breathe as well. Noise pollution is inevitable and traffic
congestion can only get worse.
The people of High Point have worked long and faithfully to make this a
desirable area in which to live. Many of our residents are senior citizens
who came to De1ray in order to spend a quiet retirement in a friendly town
that they could be proud of. Introducing a Recycling Center is hardly
conducive to those aims. It can only reduce property values aoot fran~~lYt
is an insult to your citizens. How the applicant can claim that it will
not be detrimental to public appearance, comfort, convenience, general welfare
and safety of the City is hard to understand. Consider the conditions in
Boynton Beach following the fire in a similar storage area. We felt the
effects of that smoke and soot right here - and that was a good distance
from us.
We urge you and your Commissioners not to permit this ill-conceived project
to become a reality, for the good of all of the citizens of De1ray Beach.
Sincerely,
/-' . - /' ' ,.
~~~ ( _ v~~J ...
Edwin E. Wussowt President ~ff~~rrWIElD)
High Point of De1ray Beach Section 1 t'~D'
~' ';'
cc: Commissioners: JLll 1 5 19921
Jay Alperin
Bill Andrews PLANNING & ZONING
Armand Mouw
Dave Randol ph
David Kovacs, Planning Director
..
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Tate Enterprises
1175 N.E. 125 SIr'" . Sutte 102 . Notlh Miami. Florida 33181
Oaa, 8111.11 OS · &toward 981-4205 · Boca Alton (407) '28-4399
.
July 14, 1992
The Honorable Thomas Lynch Mr. David Harden
Mayor City Manager
City of Delray Beach City of Delray Beach
100 N.W. 1st Avenue 100 N.W. 1st Avenue
Delray Beach, FL 33444 Delray Beach, FL 33444
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Public Notice # 92-120
Gentlemen:
I received by fax today, July 14, a Notice of a Request for "a
Conditional Use" of certain properties in close proximity to
property that I own which has been requested of the City by
National Waste recovery (AAA Recycling, Inc.). The fax Notice~
states that the use of this facility, will be "to allow the
establishment of a resource recovery facility which will handle on-
site the collection, sorting and transferring of construction and
demolition debris in the MIC (Mixed Industrial Commercial)."
From the map that was enclosed with the fax, it would appear as if
the property to be utilized for this purpose by National Waste
recovery is immediately to the East of the 20+ acres that I own on
the West side of the E-4 Canal. The legal description of my
property is attached as E~ibit "A."
As best as we can determine, our property is located directly to
the West of the property which is subject to this Proposed
Conditional Use Request.
RECEIVED
1/1l:,lq~
cnvCLERK
OTHER OFFICE LOCAOONS:
Oelray a..dI, FL Ft. PielCe, FL TaJlahus". FL Arlington, TX Denver, Colo, WISM'ngton, 0 C,
('07) 498-32n ('07) 486-2701 (~, 681-57'0 'e, 7'1 ''''''','t4~.. ""'1'" ""~., ............. --- ... -. -
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The Honorable Thomas Lynch
Mr. David Harden and
MS. Alison MacGregor Harty
July 14, 1992 .
page Two
It's hard for me to understand why we would get Notice of a Public
Hearing which is scheduled to be held at 7:00 P.M. on Monday, July
20, 1992, only six days prior to the actual Hearing taking place.
Because I am a member of the Board of Directors of the Resolution
Trust Corporation, and since there is a Board of Directors Meeting
scheduled for that day, in addition to several other days, it is
impossible for me to be in attendance at this Public Hearing.
I want to go on record, however, to state that I am strongly and
vehemently against the granting of this Conditional Use requested.
Our property was rezoned by the City of Delray Beach, pursuant to
a large number of conditions, for mUlti-family usage. There is no
question in my mind that a Conditional Use such as is proposed for
the property directly to the East of us would have a material
negative effect on our ability ,to develop our property and could
even prevent the proposed usage from ever being developed.
To further compound the problem in regard to the development of our
property, we bring to your attention a letter I wrote to the city
Manager dated May 14, 1992. I have never received any response
from him as to what the intentions of the City of Delray Beach are
in regard to the specifics concerning the potential "closure of a
portion of Davis Road." A copy of my letter to Mr. Harden is also
enclosed.
I would appreciate hearing from either one of you as to what course
of action occurs in the July 20th Meeting concerning the
Conditional Usage of the adjoining property and further information
concerning the potential closing of a portion of Davis Road.
For your further information, please be aware of the fact that I
was the Developer of all of the High Point Developments that are
located in the City of Delray Beach. I would appreciate the
courtesy of a response to this letter.
Sincerely yours,
--@
STANLEY G. TATE
SGT:djh
cc: Jeffrey Kurtz, Esquire
City Attorney
~ LI
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- ~elray Beach . . " 1I~:Th
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CouncIl of CommunItIes ~(C~1 \.. L~~J
P. o. Box 7471 ~'C" ,
i' ,) cr
Delray Beach, FL 33484 ~\ \.1 \c,
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**ACTION ALERT** ~\.~~~\
July 15. 1992
ATTENDANCE NEEDED: Planning & Zoning public hearing, Monday. July 20, 7pm,
City Commission Chambers. City Hall.
.'
ITEM UNDER CONSIDERATION: Request for conditional use zoning for a 1.789 acre
parcel for a CONSTRUCTION DEBRIS TRANSFER AND SORTING FACILIrr on the west side
of CONGRESS AVE. between ATLANTIC AVE. and LAKE IDA RD. (See map) Current zon-
ing is MIC (Mixed Industrial Commercial).
BACKGROUND INFORMATION: Applicant currently services construction sites by
sorting dumpster waste using a portable system. Applicant has requested approval
for an innovative approach which will reduce landfill waste and increase recycling
by using a permanent f~cility. Applicant selected this site for its proximity to
1-95.
1. Applicant anticipates 46 trucks per day (92 trips). with a possible maxi-
mum capacity of 90 to 100 trucks per day. All trucks will be checked at gate to
determine suitability of load.
2. All operations. excluding administrative. will be conducted in open air;
hours of operation currently proposed for 7am to spm. .
3. Trucks will dump into a 5 ft. high concrete hopper: a 16 ft. high grappler
will sort from hopper into appropriate bins for transfer to recycling plants when
bins are full. A projected 30% of debris will go to landfill. A small bobcat
will also be used for dust and sand piles. ,No burning. compacting. wood chipping.
or other recycling process will be performed on site.
4. Lumber. tree stumps. metal. dry~all, entire contents of construction site
waste bins will be delivered to proposed facility.
5. Proposed dust control will be hosing down concrete hopper with water to
drain through elevated holes (minus debris) onto swales. into storm sewer and
thus E-4 canal.
6. 66% of site will be concrete slab with 25% City-mandated open space; pro-
posed west buffer to be chain-link fence and landscaping.
MAJOR CONCERNS: While the idea of reducing landfill waste and recycling 70% of
construction material is laudable, the question arises if such a facility is
suitable for location anywhere within the city limits of Delray Beach. Disad-
vantages will include:
1. Truck traffic
2. Dust which will cover homes and automobiles depending on wind direction
3. Odor from miscellaneous debris (food. etc.) found in construction dumpsters
4. Possible pollution of E-4 canal
5. Noise
6. Fire hazard
ARE YOU CONCERNED?? Be at the July 20 meeting and speak up! The City has no
similar facility for comparison -- let them know what you think!
.. PI;
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~~~~ OF OELRAV
SECTION SIX ~
HOME OWNERS ASSOCIATION
1221 Club Drive West
Delray Beach, Florida 33445
Phone: (305) 498-9123
JULY 15,1992
MAYOR TOM LYNCH
CITY OF DZLRAY B~ACH
100 N.W. 1st AVENUE
DELRAY BEACH,FL.))444
DEAR MAYOR LYNCH,
f'iE EAVE BK":N ADYI3~D BY }~L;N COOPERSMITH, PRESIDENT AND
PROD AND JACK ~LLERNAN,PRESID~NTf RESIDENTS OF HIGH POINT
ASSOCIATION f THAT A PROPGS.:.L TO i;STABLISH A RECYCLING CENTER
NEAR CONGRESS AVENUE IN D~LRAY BEACH IS BEING CONSID~R1i:D.
NE f THE ELECTED MEMBERS OF TIii: BOARD e,F D1 RECTORS OF HIGH
POINT J SECTION 6 ARE UNANIMOUSLY AGAINS'll rnus AND (IE KNed
THAT OUR NEIGHBORS ARE WITH US,ONE HUNDRED PERCENT.
APPROXIN~TELY SIXTY PERCENT OF OUR NEARLY SIX HUNDRnD ~SID~NTS
ARE OUT OF TOWN AT THIS TI~~ OF YEAR AND T~ RESTfB~CAUS~ OF
OLD AGE AND DEBILITIES DO NOT ATTEND THE COUNCIL ~EETINGS.
HOPEFULLY, .'IITH THIS IN MIND, YOU AND THE COMMISSION~RS \vILL ABIDe
WITH OUR WISHES WlBN YOU VOTE ON THIS lV:ATTeR. .v~ lV:AY NOT
BE ABLE TO ATTEND COUNCIL ~~ZTINGS,BUT wE DO ~~NAGE TO VOTE
ON EIECT1m~ DAY. - - -
EJS/ZML SINCERELY f
BOARD OF DIRECTORS
HIGH POINT,~iC~1CN 6
CC I COl\I'GSSIONERS ffi1f)~7
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BI LL ANDR~ .is
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PLANNING DIR1i:CTOR- DAVID KOVACS (;c:ttt'2~-r.~'i-~~
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Tate Enterprises
1175 N,E. 125 Street. Suite 102 . North Miami, Florida 33161
Dade 891.1106 . Broward 981-4205 . Boca Raton (407) 428-8399
.
July 14, 1992
The Honorable Thomas Lynch Mr. David Harden
Mayor City Manager
city of Delray Beach City of Delray Beach
100 N.W. 1st Avenue 100 N.W. 1st Avenue
Delray Beach, FL 33444 Delray Beach, FL 33444
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Public Notice # 92-120
Gentlemen:
I received by fax today, July 14, a Notice of a Request for "a
Condi tional Use" of certain properties in close proximity to
property that I own which has been requested of the City by
National Waste recovery (AAA Recycling, Inc.). The fax Notice
states that the use of this facility will be "to allow the
establishment of a resource recovery facility which will handle on-
site the collection, sorting and transferring of construction and
demolition debris in the MIC (Mixed Industrial Commercial)."
From the map that was enclosed with the fax, it would appear as if
the property to be utilized for this purpose by National Waste
recovery is immediately to the East of the 20+ acres that I own on
the West side of the E-4 Canal. The legal description of my
property is attached as Ex?ibit "A."
As best as we can determine, our property is located directly to
the West of the property which is subject to this Proposed
Conditional Use Request.
RECEIVED
-'/lb/9;;.
CITY CLERK
OTHER OFFICE LOCATIONS:
De/ray Beach, FL Fl. Pierce, FL Tallahassee, FL Arlington. TX Denver, Cola, Washington, D,C.
(407) 498-32n (407) 466-2701 (904) 681-6710 (817) 2n.3434 (303) 293-2992 (202) 466-6112
"
"
The Honora~le Thomas Lynch
Hr. David Harden and
Ms. Alison MacGreqor Barty
July 14, 1992 .
paqe Two
It's hard for me to understand why we would get Notice of a Public
Hearing which is scheduled to be held at 7:00 P.M. on Monday, July
20, 1992, only six days prior to the actual Hearing taking place.
Because I am a member of the Board of Directors of the Resolution
Trust Corporation, and since there is a Board of Directors Meeting
scheduled for that day, in addition to several other days, it is
impossible for me to be in attendance at this Public Hearing.
I want to go on record, however, to state that I am strongly and
vehemently against the granting of this Conditional Use requested.
Our property was rezoned by the City of Delray Beach, pursuant to
a large number of conditions, for mUlti-family usage. There is no
question in my mind that a Conditional Use such as is proposed for
the property directly to the East of us would have a material
negative effect on our ability to develop our property and could
even prevent the proposed usage from ever being developed.
To further compound the problem in regard to the development of our
property, we bring to your attention a letter I wrote to the City
Manager dated May 14, 1992. I have never received any response
from him as to what the intentions of the City of Delray Beach are
in regard to the specifics concerning the potential "closure of a
portion of Davis Road." A copy of my letter to Mr. Harden is also
enclosed.
I would appreciate hearing from either one of you as to what course
of action occurs in the July 20th Meeting concerning the
Conditional Usage of the adjoining property and further information
concerning the potential closing of a portion of Davis Road.
For your further information, please be aware of the fact that I
was the Developer of all of the High Point Developments that are
located in the City of Delray Beach. I would appreciate the
courtesy of a response to this letter.
Sincerely yours,
--@
STANLEY G. TATE
SGT:djh
cc: Jeffrey Kurtz, Esquire
City Attorney
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All of that portion of the following three (3) tracts being in Section
18, Township 46 South, Range 43 East, and lying west of E-4 Canal, Palm
Beach County, Florida.
1. The S. 1/2 of l:.he N.W. 1/4 of the S.W. 1/4 of the N.E. 1/4.
~ The N. 1/2 of the S.~l. 1/4 of the S.W. 1/4 of the N.E. 1/4.
'" .
3 . The S. 1/2 of the S.W. 1/4 of the S.W. 1/4 of the N.E. 1/4.
ALSO the S. 3/4 of the E. 1/2 of the S.E. 1/4 0 f the N. ';07- 1/4 of said
Section 18.
Sometimes referred to as Tracts 24, 25 & 26, MODEL LAND COr1PAllY SUSOIVISION,
Section 18/46/43 (Plat Book 6, Page 51) .
LESS THE FOLLOWING:
The North 100.00 feet of that part of the South half (S 1/2) of t~e
~orthwest quarter ( NW 1/4) of the Southwest quarter (SW 1/4) of
ene Northeast quarter (NE 1/4) of Section 18, Township 46 South,
Range 43 East, lying west of the westerly right of way line of
Davis Road, together with the North 100.00 feet of the South three
quarters (S 3/4) of the East half (E 1/2) of the Southeast quarter
(SE 1/4) of the Northwest quarter (!~q 1/4) of said Section 18,
less the West 30.0 feet thereof, all lying in Delray Beach, Palo
Beach County, Florida.
;'.LSO LESS:
The West 30.0 feet of the South three-quarters (S 3/4) of the East
half (E 1/2) of the Southeast quarter (SE 1/4) of the Northwest
quarter (N't'1 1/4) of Section 18, Township 46 So,uth, Range 43 East,
Delray Beach, Pa~ Beach County, Florida, less the South 70.0 feet
thereof.
.Z\LSO LESS:
The South 100 feet of the North 200 feet of ~~e South three-
O'uarters (S 3/4) of the East half (E 1/2) of the Southeast quarter
(SE 1/4) of the Northwest qua~ter (NN 1/4) of said Sec~ion 18,
less the West 30 feet thereof; together wi~~ the South 100
teet of the North 200 feet of that ?art of the South th=ee-
quarters (S 3/4) of the West half (N 1/2) of the Southwest quar~er
(SN 1/4) of the Northeast quarter (NE 1/4) of said Section 13,
lyi~g West of Lake Worth Drainage Districtls Canal E-4.
SC3JEC~ TO RESTRIC~IONS, RESERVATIONS, :::ASEME~l'!'S .!UiD RIGHTS OF ~'lA"! CR RECOR:
.
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Tate Enterprises
1175 N,E, 125 Street. Suite 102 . North Miami, Florida 33161
Dade 891-1106 . Broward 981-4205 . Boca Raton (407) 428-8399
.
May 14, 1992
Mr. David T. Harden
city Manager
city of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
In Re: Closure of a Portion of Davis Road
Dear Mr. Harden:
Thank you for your letter dated May 11, 1992, in response to my
letter to Mayor Thomas Lynch dated April 20, 1992.
This is the first time I have heard that the Lake Worth Drainage
District is the Authority that is planning to close "that portion
of Davis Road which transverses their property." I am extremely
surprised to hear that there is not a dedicated right of way or
easement for what is known as Davis Road, and it is really hard
for me to understand or even believe.
Several years ago when I had my property annexed into the City of
Delray Beach, pursuant to a change in zoning application -- all
of which was granted, a part of that Council's Action required me
to relocate the existing Bridge on Davis Road over the existing
East/West Canal which would allow traffic to exit onto Atlantic
Avenue through 23rd and 24th Avenues in the City of Delray Beach.
As a matter of fact, the existing "Davis Road" roadway was
realigned so that the bridge could be installed in the location
designated by the city of Delray Beach to coincide with two or
more lots in the adjacent subdivisions which were either con-
demned or purchased by the City of Delray Beach for the specific
purpose of vehicular traffic to gain access and egress across the
canal along the existing Davis Road roadway.
I don't think that either the City of Delray Beach or the Lake
Worth Drainage District would have the right to eliminate access
to my property (and other adjoining properties) simply because
they have a "desirability to limit liability" in this area. If
you check the records of the city of Delray Beach at the time my
22 + or - acres were rezoned on or about January 1984, I think
you will find adequate confirmation of all of the statements I
have set forth in this letter.
OTHER OFFICE LOCATIONS:
Delray Beach, FL Ft. Pierce, FL Tallahassee, FL Arlington, TX Denver, Cola, Washington, D,C,
(407) 49ll-32n (407) 466-2701 (904) 681-6710 (817) 2n-3434 (303) 293-2992 (202) 488-6112
I.
,.
Mr. David T. Harden
May 14, 1992
Page 2 .
It is essential that either the City of Delray Beach and/or the
Lake Worth Drainage District advise me as to their intended
course of action in this regard, so that I may be in a position
to do whatever may be necessary to protect my interest in this
property.
Cordially yours,
STANLEY G. TATE
SGT:ar
. xc: Robert D. critton, Jr., Esquire (with enclosure)
Mr. Mark Travis " "
. J. Kenneth Tate " "
Jeffrey s. Kurtz, Esquire (without enclosure)
. The Honorable Thomas E. Lynch " "
"
11- IU: VlcH\ ,~y / d-I c;.. F~:;V /Orlt '" d-V I ~ DAlE' /. PW,Y~
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," rrl..........-I <-Jerv7c_~ THISPA8E: ~ . .
: .: - F).X~~ -67..527 FAX' ~7~-:t)'f HONE': U.~P~ -..3 ~ - .,~ \\
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'00 N.W, ht A\i"Nvi . DELAAV BEACH. fiLO..IDA 33+M . .07/24:1-700Q
,
.
'UBLIC ~ICI t 12~120
,
,
Pursuant to Article 2.4.2(8)(1)(.) of th~ Land Development
Regulations of the City of Delray Beach, Flol:ida, you are hereby
notified that a conditional use request has been received troa
National Wa.te Recovery (AAAR.cycling, Inc.), i- to allow the
establishment of a resource recovery facility which will handle
on-sit., the collection, sorting and transferring of
construction and demolition debris in the HIC (Mixed Indu8trial
co...rcial)~on the following de.cribed pro~rtYJ
The w.st 100 fe.t of the East 920 fe.t of the We.t 5/8 of
the North half (Nl/2) of the South quurter (81/4) of the
Northeast Quarter (HE 1/4) of Sectio:n 18, Township 46
South, Range 43 East, Palm Beach County, Florida, 8ubject
to an ea.ement acro.s the North 25 fe.t for ~o.dw.Y
P~rpo'.'.
Toqethftl' WUh
The We.t 5/8 of the North half (N1/2) nf the South quarter
(Sl/4) 'of the North...t quarter (HE 114) of Section 18,
Township 46 Sputh, Range 43 East, ~alm Beach County,
Florida, lying East of Lak. Worth Drai~age District Canal
E-4, less the East 920 feet thereof, su~ject to an ......nt
acro.. the North 25 feet (or roadway pu~pose..
The subject property 1s located on the eouth aide of NW 1st
Street, between Congress Avenue and the 1-4 Canal.
The PLANNING AND ZONING BOARD will conduct i.t Public H.aring at
. 7:00 P.M. on Monday, July 20, 1992, (or at any continuation of
such ..eting which ie set by the Planning .n~ Zoning Board), in
the C1ty CODUllission Chambers at the Cityliall, 100 N.W. 1.t
Avenue, Delrey Beach, Florida, and all per.pns int.re.ted will
b. iiven an opportunity to be h.ard.
.
TI-I~ Er:r:"',PT AJ.w~y", M ~TTF::Rq
t 0 d 800 5 G L 80 v 0 0 6 G 8 : VL G 6 , v L . -,nr
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Plea.. be advised that 1f a person or per.ona ~ec1d.' to appeal
any dec1.1on made by the Planning and zon1ng B~ard with re.pect
to any ..tter considered at this meeting or he.ring, .uch persona
will need a record of the.. proce.ding', and for thi.purpo..
.uch person. may need to ensure that a verbatl- record of the
proceeding. 18 made, which record include. the te.tiaony and
evidence upon which the appeal is to be ba.ed. The city do.. not
provIde or prepare .uch record. pur.uant. to F..S. 286.0105.
PUBLISH a Delray Beach .ew. CITY 0' DIL~Y BlACK
July 9, 1992 All.on MacGr~9or Harty
Clty Cl."k'
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SUBJECT PROPERTY LOCATION MAP
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C. COS EjJ IN\:)'I<::"'~~ IN 'jELLO\..U
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ'1
SUBJECT: AGENDA ITEM i qe, - MEETING OF JULY 28. 1992
REOUEST FOR WAIVER OF PERMITTING FEES/GRIFFIN GATE
DATE: July 24, 1992 I
We have received a request from the Community Redevelopment Agency
for waiver of the permitting fees for the Griffin Gate project. The
Griffin Gate project is located between Swinton Avenue and N.E. 1st
Avenue.
The current request from the CRA raises some areas of concern for
staff. The developer is in a partnership with the CRA under its
"Infill Housing Program" , which provides for the reimbursement of
City and County permit and impact fees to builders or individuals who
construct homes on CRA purchased lots or on any lot within the CRA's
affordable housing target area. Such reimbursements are limited to
single family homes. The City's normal requirement for fee waivers
for affordable housing has been limited to situations where there are
binding agreements between the City and the developer; with a
guarantee of low and moderation income household benefit.
The Builders Agreement drafted by the CRA provides for the
reimbursement of these fees under certain conditions but does not
require the low to moderate benefit. The developer has stated that
he is not required to have a 100% low/moderate benefit under his
current CRA agreement. The City could then actually be waiving fees
on units with qualifying households who are not classified as low and
moderate, thus setting a precedent. In addition, waiving the fees
would conflict with the Comprehensive Plan, and the City cannot
afford to give up the revenue if we keep our millage at 7.15 for next
year. Staff therefore, recommends denial of the request. Detailed
staff reports are attached as backup material for this item.
Recommend denial of the request from the Community Redevelopment
Agency for waiver of the permitting fees for the Griffin Gate
project.
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, Agenda Item No.:
-AGENDA REQUEST
Date: 7/23/92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 7/28/92
Description of agenda item (who, what, where, how much):
Request for waiver of building permit fees for Griffin Gate Proiect
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: Denial
Department Head Signature: AIA~--' ~. ------- ,
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: c!91 NO trr1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: REQUEST FOR WAIVER OF BUILDING PERMIT FEES
GRIFFIN GATE PROJECT/CRA
DATE: JULY 22, 1992
ITEM BEFORE THE COMMISSION:
- -
Consideration of a request from the CRA to waive the required
building permit fees for the Griffin Gate Affordable Housing
Development. The CRA is supporting this development under it's
"Affordable Infill Housing Program." The fees for the building,
paving and irrigation permits are approximately $2,200 for each
building.
BACKGROUND:
The City Commission has had two (2) previous requests to waive
development fees for the Griffin Gate Project. Commission directed
staff to waive the processing fee for a new plat submission in
October, 1991 and denied a request to waive all processing fees for
the si te plan approval process in the amount of $1,450 on November
26, 1992. The Director of Planning and Zoning identified the fact
that the project at that time, did not have the normal low/moderate
income restrictions and other requirements for affordable housing
developments that had been supported by the City. The City Manager
recommended denial based on the fiscal impact and precedence set for
waiving fees under such circumstances.
The current request from the CRA to waive all building permit fees
for this development has identified some additional issues and
concerns from staff. The developer is in parternership with the CRA
under its "Infill Housing Program," which provides for the
reimbursement of City and County permit and impact fees to builders
or individuals who construct homes on CRA-purchased lots or on any
lot within the CRA's affordable housing target area. Such
reimbursements are limited to single family homes. Again, we would
raise the question of fiscal impact. The City's normal requirement
for fee waivers with affordable housing have been limited to
situations where there are binding agreements between the City and
the developer with a guarantee of low and moderate income household
benefit.
The Builders Agreement drafted by the CRA provides for the
reimbursement of these fees under certain conditions but does not
require the low to moderate benefit. The developer has stated
verbally to staff that he is not required to have a 100%
low/moderate benefit under his current CRA agreement. The City
could then actually be waiving fees on units with qualifying
households who are not classified as low and moderate thus setting a
precedent.
o.
"
Griffin Gate -2-
July 22, 1992
Secondly, the Planning and Zoning Director has raised another
potential conflict that may occur from adopted policies within the
Comprehensive Plan. A copy of his memorandum to me is attached for
your reference.
RECOMMENDATION:
Staff would recommend City Commission denial of the CRA request to
waive building permit fees for the Griffin Gate housing development
based on previous rejections by the Commission and upon consistency
in policy for determining fee waivers for City-supported affordable
housing which are based on binding agreements that guarantee low
and moderate income benefit.
LB:DQ
Attachments
LB4
Griffin.Fee
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CD Community
Redevelopment
-a Agency
Delray Beach
July 20, 1992
Ms. Lula Butler
Director of Community Improvement
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Butler:
The Community Redevelopment Agency of Delray Beach would like to request waiver of the
City's building permit fees on the Griffin Gate Subdivision which is part of our Affordable
Housing Program. The project is located between Swinton Avenue and N.E. 1st Ave., South of
S.E. 4th Street.
The legal description of this property is as follows:
Being a replat of Lots 2 and 3, Block 1, "Swinton Oaks" as recorded in Plat Book 47,
Page 74, Public Records of Palm Beach County, Florida, Lying in Section 21, Township
46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida
The Griffin Gate Subdivision, currently under consideration by the City Commission, consists
of ten (10) lots labeled Lot lA-Lot 5B on the pending plat.
This project consists of single family homes between 1300 and 1400 square feet. The
homebuyers, earning between 40-80% of the county's median income, may take advantage of
the CRA's downpayment and closing cost subsidy and lot subsidy, as described in our
"Affordable Housing Program". The Consortium for Affordable Home Financing, comprising
eleven (11) banks, are handling the mortgngc financing of these homes. l\1r. Fred Griffin is the
builder. He has presold three homes.
We greatly appreicate your support and look forward to working together on this project. Thank
you.
Sincerely, ~'.-. ,. -_.~..-
~9.3~~ "s.,...;-- .
Christopher J. Brown r . ..... '...' ~... _ VII _....,.,
Executive Director a 2 0 92
Community Redevelopment Director
"(H'~~' lNlTY IMPROVEMENT
"""'RATION
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
..
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: LULA BUTLER, DIRECTOR
NITY IMPROVEMENT SERVICES
FROM: ~~~<JD~~OR
DEPARTMENT OF PLANNING AND ZONING
DATE: JULY 21, 1992
SUBJECT: REQUEST FOR WAIVER OF FEES, GRIFFIN GATE
Pursuant to our discussions, please consider the following
information relative to the CRA's request for waiver of building
permit fees for the Griffin Gate development.
Previous ( similar) requests: At the time the initial plat was
denied by the City Commission (October, 1991), direction was
given to waive the processing fee for a new plat submittal.
Subsequently, a request for the waiver of all processing fees
was made. The amount involved was $1,450. The Director of
Planning indicated at that time there was no restriction
regarding maximum income limits for potential purchasers; thus,
there was a distinction between Griffin Gate and projects such
as Auburn Trace and Allamanda Gardens. While the current
request alludes to a CRA participation program, we note that
units can be purchased by individuals regardless of upper level
of income. Also, we note that an anti -speculation provision
which was apart of those other projects is not an aspect of the
Griffin Gate development. The Director commented that if
a waiver is to be granted, a formal policy should be established
as to what fees would be waived and under what conditions they
would be waived.
The City Manager recommend denial of the request and cited the
tight general fund budget and precedent setting nature. Also,
we now understand that the CRA is embarking upon a greater
program dealing with affordable housing and additional requests
for waivers will be forthcoming. Before the City Commission
commits to such participation, a project of lost revenue on an
annual basis should be made and its budgetary implications
considered.
.. 1'1
"
To: Lula Butler, Director
Community Improvement Services
Re: Request for Waiver of Fees, Griffin Gate
July 21, 1992
Page 2
The waiver request was denied on November 26, 1992. Further,
there was a recommendation that "the plea be taken before the
CRA" . The Commission vote was unanimous.
Potential Conflict with the Comprehensive Plan: Policies in
the Housing Element address the role of the City as it relates
to participation in housing activity directed toward meeting the
low and moderate income housing needs of the area. The most
pertinent policy is C-4.4, to wit:
"Until such time as the Plan amendment of Policy C-4.2 is
adopted, the City shall not engage or entertain programs
for additional low - moderate income housing, especially
within "rehabilitation" and "stabilization and
revitalization" areas except as provided for under Goal
Areas 'A' and ' B ' " .
The residential neighborhood adjacent to Griffin Gate is
classified as "revitalization/rehabilitation". There are
implications regarding above policy as it relates to The Groves
of Delray project. In consideration of The Groves, we have
taken the position that Policy C-4.4 does not apply since our
action was only of approving a site plan and we were not
participants in assisting the provision of low-moderate housing.
Direct contribution and write-down of costs because a
development is targeted for low-moderate income households may
be inconsistent with the above policy.
Assessment: Based upon the previous rejection, the longer term
implications of granting a waiver at this time, and the possible
conflict with stated policy, it does not seem prudent to honor
the CRAws request.
DJK/cm
c:
David Harden, City Manager
Griffin Gate - Project File
DJK/T:GATE.DOC
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~ '~ ~,,<"'
~~ ~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMB~R 26, 1991
REQUEST FOR WAIVER OF PROCESSING FEES - GRIFFIN GATE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
WAIVER of all land use processing fees associated with the
continued processing of the Griffin Gate Zero Lot Line
Development.
BACKGROUND:
Conditional Use consideration for the Griffin Gate Zero Lot Line
Development is the previous item on this agenda.
At the time the initial preliminary plat was denied (10/8/91),
the City Commission directed that a new fee for a revised
application be waived.
The fees to be associated with this project are as follows:
* Conditional Use Application $ 450
* Site Plan Review $ 500
* Preliminary Plat $ 500
* Final Plat $ 1,000
* Variance hearing, if needed $ 150
-------
-------
$ 2,450 + 150
As recommended in the conditional use approval, a "combined" site
plan and preliminary plat submission is sought. Also, the
schedule allows a single fee ($1,000) when a combined preliminary
and final plat is filed.
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Dr. Alperin moved to grant a six-month extension, as presented,
with the two conditions recommended by the Planning Director, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows: Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes.
Said motion passed with a 4 to 0 vote.
9.C. Appeal of Planning and Zoning Board Decision. The Commission
is to consider a request for appeal of a Planning and Zoning Board
decision denying a preliminary plat request to subdivide Block 1, Lots 1
and 2, Swinton Oaks (Griffin Gate), into six individual lots.
Mr. Kovacs stated a concept plan was presented to the CRA that
would change the plat to a ten lot subdivision. He further stated the
Commission has three options; one is to deny the appeal for the six lot
subdivision, secondly, the appeal to waive the processing fee can be
denied and third, the revised submission can be accepted, thereby
keeping the initial application active.
Mayor Lynch stated it is his understanding that this was
originally to be a rental complex and it was the recommendation of the
P&Z Board that it be an owner-occupied project. Mr. Kovacs stated the
finding of the P&Z Board was that a single family or duplex development
was not an appropriate land use being located next to a multi-family
project to the south, a drug abuse foundation to the west and a commer-
cial/industrial project to the east.
Fred Griffin, applicant, stated that everything that has been
done meets or exceeds the City requirements and he would like an oppor-
tunity to comment after the CRA explains the concept plan.
Mayor Lynch questioned why the Commission is reviewing this
concept plan and being asked to make a determination before the p&Z
Board has had an opportunity to look at it.
Mr. Kovacs responded that the basis of the denial by the P&Z
Board was the inappropriateness of single family or duplex development
on individual lots. Should the Commission be inclined to say that such
a land use is appropriat~, and that the concerns of landscaping and
design are appropriate, the appeal can be denied and the applicant
allowed to commence; or the plan can be remanded to the P&Z Board.
The City Attorney stated it is his understanding that the
proposed submittal is not a change in the land use, and questioned,
should the p&Z Board be approached showing mitigations in the form of
landscaping, and the P&Z Board accepted the change, would the Commission
be supportive of that.
Upon discussion, the City Attorney advised the Commission that
the Code of Ordinances does not allow the City to mandate owner-occupied
duplexes as opposed to tenant-occupied properties.
.-
Chris Brown, Director of Community Redevelopment Agency, stated
he and Mr. Griffin met to discuss this affordable housing and the CRA is
in favor of the plan they have submitted and are willing to compromise.
-6- 10/08/91
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Dr. Alperin moved to deny the appeal, based on the good and
substantial causes presented by the p&Z Board and waive a new $500 fee,
seconded by Mr. Mouw. Upon roll call the Conunission voted as follows:
Dr. Alperin - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes.
Said motion passed with a 3 to 1 vote.
9.0. Appeal of Historic Preservation Board Decision. The Conunission
is to consider an appeal of the Historic Preservation Board action with
regard to the Sundy House and Sundy Apartments Composite Site Plan.
Dr. Alperin moved to deny the appeal for further reduction of
right-of-way and, concurrently, direct that an encroachment permit be
allowed wherein a screening hedge may be located within the right-of-way
(up to a maximum of a three foot encroachment) and that the hedge may be
removed by the City at a future date, if it becomes necessary and
appropriate to do so, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes;
Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0
vote.
9.E. Request for Variance. The Conunission is to consider a request
for a variance to allow a dock to remain as built, without the construc-
tion of sewage pump out, at 710 S.E. 8th Court. City Engineer recom-
mends approval.
Mr. Mouw questioned why the City continues to retain this
pumpout requirement for a single family dock if it is not enforced. He
feels it should be removed from the Land Development Regulations. Mr.
Kovacs responded that this goes back a long way and if it is going to
continue to be waived, it should be removed.
Mayor Lynch expressed concern regarding the waiver, since it
appears the same owner contracted for construction of the dock in 1989
and the contractor did not bother to obtain a permit.
Mr. Randolph questioned how the initial pilings were installed
without obtaining a permit from the City. The City Manager stated that
it ~ learned about, the job was stopped, the contractor was required
to obtain a permit and pay a triple fee and certain portions of the work
were torn out and replaced in compliance with City Code.
Upon question by Mayor Lynch, Mark Gabriel, City Engineer,
stated the applicant has been instructed to install the ladders of the
sewage pump. He further stated approximately two years ago the Federal
Government dictated that boats could no longer discharge their sewage
overboard and required that pumpout facilities be installed. He assured
him that, at this time, it was added to the City Code.
Mr. Mouw moved to grant the variance. Motion died for lack of
a second.
Mayor Lynch passed the gavel to Vice-Mayor Randolph.
-7- 10/08/91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
. ,
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # C\ D - MEETING OF NOVEMBER 26, 1991
REQUEST FOR WAIVER OF APPLICATION PROCESSING FEES/GRIFFIN
GATE
DATE: November 22, 1991
At your October 8th regular meeting, the Commission upheld a
Planning and Zoning Board decision denying a preliminary plat request
to subdivide a 1. 23 acre parcel into six lots for the Griffin Gate
subdivision. The denial was based on an incompatibility of land
use. At that time the Commission also directed that the $500 fee Mr.
Griffin paid for the preliminary plat application be pro-rated
against his next application.
Subsequently, Mr. Griffin has requested that the application fees for
site plan and final plat approval be waived.
The fees associated with this project total $2,600 (includes $150 for
variance hearing, if needed) . As recommended in the conditional use
approval, a "combined" site plan and preliminary plat submission is
being sought. That action reduces the total fee by $500. Also, the
fee schedule allows for a single fee of $1,000 when a combined
preliminary and final plat is filed. Therefore, the actual fees
assessed would total $1,600 (includes the $150 for variances, if
necessary) .
It is not known, at this time, if Mr. Griffin will be seeking waiver
of any Building Permit Fees and/or in-lieu of parking fees; or if he
will be seeking off-setting contributions for water/sewer and other
impact type fees.
While fees have been waived for bona-fide affordable housing programs
such as Auburn Trace and Allamanda Gardens, documentation to support
this project as an "affordable housing" program have not been
provided.
Whi Ie staff has suggested that the fees only be waived if there are
enforceable requirements regarding maximum income limitation, I feel
that given our tight budget, we cannot afford to grant waivers such
as this. Additionally, it would also be setting a very bad
precedent to do so. A detailed staff report is attached as
background material for this item.
Recommend denial of the request for waiver of the land use
,application processing fees for Griffin Gate.
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code, and the recommendation from the Planning and Zoning Board, second-
ed by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Mr. Mouw - Yes; - Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
.9'.C. Request For Conditional Use Approval/Griffin Gate. The Commis-
v/sion is to consider a request for conditional use approval to establish
a duplex zero lot line development on South Swinton Avenue, south of
~S.E. 4th Street. Planning and Zoning Board recommends approval subject
rf/fJ to the following conditions:
A. That the site plan submission shall be in substantial
compliance with the sketch plan and accompanying
illustrative architectural elevations and that additional
on-site parking be provided.
B. That the plat be submitted concurrent with the site plan
submission.
C. That copies of the proposed Homeowners Association
documents be provided with the Itconcurrentlt submission.
In reply to Mr. Mouw, Janet Meeks, Planner II, stated each side
of the five (5) duplexes were intended to be fee simple.
Kevin Egan, Chairman of the CRA, stated the CRA was comfortable
with the project, although there is some concern that the owner occupied
property would become a rental property.
Discussion was had concerning the Commission's expressed desire
that this project strongly emphasize owner occupancy.
Mr. Mouw moved approval of the Conditional Use for Griffin
Gate, including conditions, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr.
Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed
with a 3 to 2 vote.
~~9.D. Request For Waiver of Application Processing Fee. The Commis-
1) sion is to consider a request from the owners of the Griffin Gate
subdivision for waiver of the land use application processing fees for
the conditional use and platting items associated with Griffin Gage.
City Manager recommends denial.
Mr. Mouw moved for denial of the waiver, and recommended the
plea be taken before the CRA, seconded by Mr. Andrews. Upon roll call
the. Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0
vote.
Before roll call Mr. Andrews left the Commission Chambers.
9. E. Request For Waiver of Rezoning Petition Processing Fee. The
Commission is to consider a request from Mr. Buchbinder for a waiver of
-5- 11/26/91
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City Commission Documentation
Request for Waiver of Processing Fees
Griffin Gate
Page 2
Given the previous action of the City Commission and the special
processing being afforded to this project, the assessed fees
would be as follows:
* Conditional Use Application $ 450
* Site Plan / Preliminary Plat $ 500
* Final Plat $ 1,000
-------
-------
$ 1,950 + 150
less credit - 500
-------
-------
Yet to be assessed $ 1,450
REQUESTED RELIEF:
Mr. Griffin is seeking the waiver of all land use processing
fees. See his letter of October 25th, copy attached.
It is not known, at this time, if he will be seeking waiver of
any Building Permit Fees and/or in-lieu Park Fees; or if he will
be seeking offsetting contributions for water/sewer and other
impact type of fees.
ASSESSMENT:
While fees have been waived for bona-fide affordable housing
programs such as Auburn Trace and Allemanda Gardens, the type of
agreements which insured affordable housing are not a part of the
Griffin Gate proposal. Also, while it is intended that the
Griffin Gate request be directed to a specific market, there is
no information in the project narrative nor the waiver request
letter which restricts potential purchasers from qualifying under
any maximum income standards.
It is suggested that fees only be waived if there are enforceable
requirements regarding maximum income limitations; and further
that if these fees are waived, the Commission seek a formal
policy as to what fees will be waived and under what
circumstances they will be waived.
RECOMMENDED ACTION:
Commission discretion
Attachment:
* Request letter of October 25, 1991
DDD/~~~n~~~~ ~y~
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'7eed tiel/IIII C!tJJl4teuctlt:JJI, 9J1c. 11ft..
1050 S. FEDERAL KW'(, #130
DELRAY BEACH, FLORIDA 33483
(407) 272-3352
October 25, 1991
TO WHOM IT MAY CONCERN:
Attached is an application for "Conditional Use" approval, as
agreed by the City Commissioner. No fee is attached as it was
waived. Further, we request that other fees be waived for site
plan and final plat approval requests.
xc: file
enclosure
FLG:jg
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the rezoning petition application fee in conjunction with his proposal
to demolish an existing office structure located on the southeast corner
of S.E. 2nd Street and S.E. 3rd Street and construct a new medical
office/residence structure.
Mr. Mouw moved for denial of the request for waiver, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes.
Said motion passed with a 4 to 0 vote.
At this time Mr. Andrews returned to the Commission Chambers.
9.F. Final Report/Carver Task Force. The Commission is to consider
receiving and providing direction on the Final Report and Recommend-
ations of the Carver Middle School Task Force.
Lula Butler stated the Task Team report concludes the re-
commendations for a comprehensive social service component to be devel-
oped within the facility, a full scale recreational facility, and
continuance of the School Board maintaining a focussed educational and
vocational process.
The City Manager stated if the Commission is in agreement is
with the report, the recommendations could be authorized for transmittal
to the School Board along with authorization for staff to incorporate
these recommendations into the Comprehensive Plan and and capital
budgeting process.
Mr. Randolph moved to receive the report, have a copy sent to
the School Board with the request for a meeting with the School Board,
and that City staff be directed to introduce the necessary elements into
the Comprehensive Plan, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
9.G. Request For Funding/Old School Square.
Mr. Andrews moved to place this Item on the Public Hearing at
7:00 P.M., seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes;
Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
9.H. Resolution No. 95-91. Resolution No. 95-91, authorizing the
execution of railroad crossing agreements and other related agreements
for the transfer of maintenance responsibility from the State to the
Ci ty for the railroad crossing at East Atlantic Avenue, is before the
Commission for consideration. City Manager recommends approval.
The City Manager presented Resolution No. 95-91:
A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING
AGREEMENTS AND OTHER RELATED AGREEMENTS PROVIDING FOR
-6- 11/26/91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f'1!1
SUBJECT: AGENDA ITEM # 't.}) - MEETING OF JULY 28. 1992
REOUEST TO HOLD PEACH UMBRELLA FESTIVAL/WAIVERS
DATE: July 24, 1992
We have received a request from the Peach Umbrella Plaza Association
for Commission approval to conduct their annual festival on Saturday,
October 31, 1992 on West Atlantic Avenue between the hours of 8:30
a.m. and 6 p.m.
The Association proposes to rent vendor booth spaces which will be
located within the rights-of-way between the 300 and 500 blocks of
West Atlantic Avenue. The vendors will be allowed to sell food, soft
drinks and arts and crafts items. There will be a live radio
broadcast, stage performances and a children's play activity area.
The Association is requesting that the City provide staff to assist
in the set-up of barricades, placing and emptying of trash
receptacles, police servicesj and, for authorization to place
directional and event signage in the right-of-way.
Recommend approval of the reqpest from the Peach Umbrella
Association to hold their annual festival on Oc tober 31, 1992 from
8:30 a.m. to 6:00 p.mj and grant authorization to place directional
and event signage in the right-of-way.
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,
, Agenda Item No.:
.,AGENDA REQUEST
Date: 7/23/92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 7/28/92
Description of agenda item (who, what, where, how much):
Approval of the 4th Annual Fall Festival for the Peach Umbrella
Plaza Association - October 30-31, 1992
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~ ~~..::>
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required OD all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: ~/ NO nJ!
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: CITY COMMISSION APPROVAL OF SPECIAL EVENT ACTIVITY
PEACH UMBRELLA PLAZA ASSOCIATION/OCTOBER 30-31, 1992
DATE: JULY 23, 1992
ITEM BEFORE THE COMMISSION:
- -
Commission consideration is requested for the Peach Umbrella
Association to hold the 4th Annual Fall Festival on Saturday,
October 31, 1992 from 8:30 am to 6:00 pm and to hold an opening
reception on Friday, October 30, 1992 from 6:00 pm to 9:00 pm
between the 200 and 600 blocks of West Atlantic Avenue.
ABACKGROUND:
The Association is proposing to hold a special event similar to what
was approved by the Commission last year. Proposed activities
consist of renting booth spaces within the rights-of-way (on-street
parking spaces) to organizations, vendors and clubs along the
defined area. Vendors will be allowed to sell foods, soft drinks
and arts and craft items. Radio station WDBF will broadcast from
the Festival and amplifiers will be used. There is no request to
close any public streets. Staff time will be required to assist in
set-up (barricades), placing and emptying trash receptacles and
police service.
permission is requested to place signs in the medians announcing the
Festival, similar to the Delray Affair signage, and also directional
signs for parking.
RECOMMENDATION:
We would recommend City Commission approval of the special event
activity proposed by the Peach Umbrella Plaza Association for
Saturday, October 31st from 8:30 am - 6:00 pm and the reception on
Friday evening, October 30th from 6:00 pm - 9:00 pm. Approval of
the event will include the use of amplified music and public service
presentations and/or announcements and signage. Commission
consideration of other services is required. The written request,
design and designation of on-street parking spaces to be used for
these purposes is attached for your reference.
LB:DQ
Attachments
D13
PeachUmb.CC
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. . 51
PEACH UMBRELLA PLAZA
-
ASSOCIATION, INC.
Peach Umbrella Plaza
409 West Atlantic Avenue
Delray Beach, FL 33444 HECEiVED
(407) 272-7059
JUt j J 1992
CITY MANAGER'S OFFICE
July 13, 1992
MAYOR, CITY COMMISSIONERS, and CITY MANAGER
City of Delray Beach
100 1\~V 1st ..A.....enue
Delray Beach, FL 33444
Dear Mayor, Commissioners, and City Manager:
Peach Umbrella Plaza Association is desirous of holding its 4th Annual Fall Festival, and this
letter is to request your approval of that event. We are requesting permission to hold this
Festival on Saturday, October 31, 1992 from 8:30 a.m. to 6:00 p.m. and to hold an opening
reception on Friday evening, October 30~h, from 6:00 p.m to 9:00 p.m.
The Festival activities being planned for the all day Saturday event will include:
. Outdoor selling of goods and food by various vendors
. Stage performances
. On site radio broadcast
. Children's play activity area
The 1992 Festival committee members are:
Erma Coupet -- Haitian/American Chamber of Commerce
Evelyn Cunningham -- Westside Liquor
Elizabeth Debs -- Archit~t (for PUP A project)
Linda Fleetwood -- CRA
Angeleta "Angie" Gray -- His & Hers Hair Creations
Vic Knight -- WDBF Radio
Andrea Lubin -- Teleco Plus Communications
Kathy Shabotynskyj -- Chamber of Commerce
Charlotte G. Durante -- President, PUPA
Thank you very kindly for your consideration of this request and for all of the support you
have given to the Peach Umbrella Project.
Sincerely,
(1 ~
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Charlotte G. Durante, President \
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P?1
SUBJECT: AGENDA ITEM tt ~.e - MEETING OF JULY 28. 1992
NEIGHBORHOODS TASK FORCE FINAL REPORT/RESOLUTION NO. 82-92
DATE: July 24, 1992
This item is before you to accept and file the final report from the
Neighborhoods Task Force and to consider Resolution No. 82-92 which
authorizes the NTT to reconvene in January 1993 ~nd sunset on July
31, 1993.
A copy of the final report is attached as backup material for this
item.
By consensus, the NTT members are requesting Commission authorization
to reconvene the group and meet from January 1993 through July 1993
in order to address concerns and subjects identified from the initial
survey which were not addressed due to time constraints. Staff is
supportive of this request.
Accept and file the final report from the Neighborhoods Task Force
and approve Resolution No. 82-92 which authorizes the NTT to
reconvene in January 1993 and sunset on July 31, 1993.
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. Agenda I tem No.:
'AGENDA REQUEST
Date: 7/24/92
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 7/28/92
Description of agenda item (who, what, where, how much):
Request permission to extend the Neighborhood Task Teams Sunset Date
l'rom July 31, 1922 to July 31, 1993, Amending Resolution 102-91 and
Acceptance of Final Report Summary
ORDINANCE! RESOLUTION REQUIRED: 8NO Draft Attached: ~/NO
Recommendation: Approv~l
Department Head Signature:
Determination of Consistency with Co.pre ensive Plana
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: g/ NO tJi
Hold Until:
Agenda Coordinator Review:
Received: .
Action: Approved/Disapproved
'.
RESOLUTION NO. 82-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91
WHICH PROVIDED FOR MONTHLY MEETINGS AND EXTENDED THE
ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK
FORCE TO JULY 31, 1992, TO AUTHORIZE THE NEIGHBORHOOD
TASK FORCE TO RECONVENE IN JANUARY 1993, FOR THE
PURPOSE OF HOLDING ADDITIONAL MEETINGS AND PROVIDING
FOR A NEW SUNSET DATE OF JULY 31, 1993: PROVIDING AN
EFFECTIVE DATE.
WHEREAS, at the meeting of July 10, 1990, the City Commission
adopted Resolution No. 68-90, establishing the Neighborhoods Task Force,
assigning it duties, and setting a sunset date: and,
WHEREAS, at the meeting of November 27, 1990, the City
Commission adopted Resolution No. 113-90, which extended the established
sunset date of the Neighborhoods Task Force: and,
WHEREAS, at the meeting of December 10, 1991, the City
Commission adopted Resolution No. 102-91, which authorized the
Neighborhoods Task Force to hold monthly meetings on an ongoing basis
and extended the established sunset date to July 31, 1992,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 3 of Resolution No. 102-91 be, and the
same is hereby amended to read as follows:
Section 3. This Neighborhood Task Force shall be authorized to
reconvene in January 1993, and to hold monthly meetings on an
ongoing basis, and shall disband upon the discharge of its
assigned tasks or by July 31, au 1993, unless otherwise
extended by action of the City Commission.
Section 2. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 28th day of
July, 1992.
~MEX:L-
ATTEST:
W1"nmifiJrJ JIll i!? !/aAiiy
ity Cl rk
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: REQUEST TO nTJS1fl) THE NEIGHBORHOOD TASK 'l'EAMS SUNSET DATE
FROM JULY 31, 1992 TO JULY 31, 1993 -- AMENDING RESOLU'l'ION
102-91 AND ACCEP'l"ANCE OF THE FINAL REPORT SUMMARY
- --
DATE: JULY 22, 1992
ITEM BEFORE THE COMMISSION:
- -
City Commission consideration to amend Resolution 102-91 authorizing
the Neighborhood Task Team to reconvene monthly .meetings beginning
January, 1993 through July, 1993, and to accept the final report
which summarizes items addressed and list proposed recommendations
for them. Code and policy items will be considered pursuant to
normal processing and board hearing policies.
BACKGROUHD:
The Neighborhoods Task Team was established to develop and review
specific recommendations directed at mitigating identified code
enforcement problems throughout the City of Delray Beach and to
provide recommendations to the City Commission toward the adoption
of new and/or amended ordinances for better enforcement of the same.
Pursuant to Resolution 102-91 duties and responsibility, the Task
Team held twelve (12) meetings on an on-going basis from January 31,
1992 through July 9, 1992. At the first meeting, a survey designed
to determine the code enforcement issues members felt should be
addressed and which were unnecessary was completed. The meeting
agendas were structured around the Task Teams' responses and a final
recommendations report is the product of these meetings.
By consensus, the NTT members have concerns and subjects identified
from the initial survey that were not addressed due to time
constraints and are requesting City Commission authorization to
reconvene the group in January, 1993 and allow them to meet through
July, 1993 to complete their work.
RECOMMENDATIOll:
Staff recommends approval of the proposed amendment to Resolution
102-91 authorizing the Neighborhoods Task Team to reconvene and meet
from January, 1993 through July, 1993. Staff would also recommend
City Commission acceptance of the report summary of their work from
February, 1992 through July 9, 1992.
LB:DQ
Attachment
LB4
NTTFinal.CC
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RESOLUTION NO. 102-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90
WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCE OF THE
CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO
THE CITY COMMISSION, TO PROVIDE FOR A REVISED SCOPE
OF RESPONSIBILITY AND ESTABLISHING A MAXIMUM NUMBER
OF APPOINTED MEMBERS; AND AMENDING RESOLUTION NO.
113-90 WHICH EXTENDED THE ESTABLISHED SUNSET DATE OF
THE NEIGHBORHOODS TASK FORCE, TO PROVIDE FOR MONTHLY
MEETINGS AND A NEW SUNSET DATE OF JULY 31, 1992;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the meeting of July 10, 1990, the City
Commission adopted Resolution No. 68-90, establishing the
Neighborhoods Task Force, assigning it duties and responsibilities,
and setting a sunset date; and,
WHEREAS, at the meeting of November 27, 1990, the City
Commission adopted Resolution No. 113-90 which extended the
established sunset date of the Neighborhoods Task Force; and,
WHEREAS, at the meeting of December 3, 1991, the City
Commission approved a staff recommendation to expand the membership
and change the scope of responsibility for the Neighborhoods Task
Force, and further authorized the holding of monthly meetings and a
new sunset date for the Neighborhoods Task Force,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 68-90 be, and
the same is hereby amended by adding a new subsection IF) to read as
follows:
(F) Development and review of specific recommendations
directed at mitigating identified code enforcement
problems throughout the City of Delray Beach, and to
provide recommendations toward the adoption of new
and/or amended ordinances for City Commission
consideration.
Section 2. That Resolution No. 68-90 be, and the same is
hereby amended by adding a new Section 4 to read as follows:
Section 4. That the NeighborhoodS Task Force membership
shall not exceed twenty-five (25) persons.
Section 3. That Section 3 of Resolution No. 68-90, together
with the provisions of Section 1 -of Resolution 113-90, be, and the
same is hereby amended to read as follows:
Section 3. This NeighborhoOd Task Foree shall be authorized
to hold monthlY meetings on an ongoing basis, and shall
disband upon the discharge of its assigned tasks or by
li~jit1IJZJIZ"Z July 31, 1992, unless otherwise extended by
action of the City Commission.
Section 4. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 10th day
of December, 1991. ~_~~.
ATTEST: ' MAY
O("a..mfW/'-*~IIo~
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NEIGHBORHOODS TASK TEAM
FINAL RECOMMENDATIONS
Pursuant to Resolution #102-91 approved by the City Commission,
the Neighborhoods Task Team was given the responsibility of
developing recommendations directed at mitigating code
enforcement problems throughout the City of Delray Beach. At the
first meeting a survey form was completed by thirty ( 30) Task
Team members. From their responses categories were created that
proposed to identify code enforcement problems for the Task Team
to review and make recommendations proposed to correct declining
conditions occurring in various neighborhoods throughout the
City. Listed below are the Neighborhoods Task Team
recommendations by category, and identified as proposed
amendments to existing ordinances and/or the Land Development
Regulations, new ordinances or proposed policy:
I. PARKING REQUIREMENTS
A., AMENDMENT TO LAND DEVELOPMENT REGULATIONS
1. Proposes to amend section 4.6.9(C)(2) of the Land
Development Regulations prohibiting parking on
unimproved surfaces on residential front lawns and
defining the number of parking spaces required per
dwelling unit.
2. Proposes adoption by the City Commission an
amendment to Section 4.6.16 requiring the
improvement and maintenance of all swales within
residential neighborhoods.
B. AMENDMENT TO THE CODE OF ORDINANCES
Proposes to amend Chapter 71 of the Code of Ordinances
prohibiting parking of any vehicle on swales and or
right-of-ways.
c. POLICY PROPOSAL
1. NTT proposes that Code Enforcement Officers and
Police Officers be allowed to issue IIparking
ticketsll during the normal work day for proposed
parking on swales/right-of-ways and front lawn
violations.
2. Proposes the development of a 3 to 5-year
Comprehensive Swale Improvement Plan. The storm
water utility fee is proposed as the funding
source to implement the plan.
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II. MANDATORY EXTERIOR MAINTENANCE STANDARDS
A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
1. Proposes to amend Sec. 4.6.16 (B) (4) requiring
existing single f am i 1 y detached units to comply
with minimum landscape standards and to require
the upgrading of landscaping on these properties,
to the extent physically possible.
2. Proposes to amend Sec. 4.6.16 ( F) to provide for
the use of a manually operated irrigation system
for existing single family detached units.
B. NEW ORDINANCE PROPOSAL
Proposes adoption by the City Commission of an
ordinance requiring the placement of laundry on proper
laundry equipment, i.e. a clothes line or rack, where
it is not visible from the road.
III. OVERCROWDING OF HOUSING UNITS
A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
Proposes amending Section 1. 4.5 to revise the
definition of "Familyll to restrict the number of
unrelated persons allowed to live in a dwelling unit to
three (3) . The Task Team further recommends amending
this section by adding a new subsection to define
additional criteria to be used along with the
definition of family for determining overcrowded
housing, as follow:
1. Use of minimum square footage requirements to
assess if a unit is overcrowded. Porches, utility
rooms, kitchens, bathrooms, garages and hallways
shall not be considered as bedrooms.
2. Minimum dwelling space requirements of 150 square
feet for the first occupant and 100 additional
square feet of floor area per additional occupant.
Floor area shall be calculated on the basis of the
total area of all habitable rooms.
3. For dwelling unit of two or more rooms, each room
occupied by one ( 1 ) person shall contain at least
70 square feet of floor area and every room
occupied for sleeping purposes by more than one
occupant shall contain at least 50 square feet of
additional floor space per additional occupant.
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4. Use of HUD Section 8 Guidelines for limiting the number
of persons occupying a unit to two ( 2 ) per bedroom.
S . sanitation criteria should be used to assess
overcrowded conditions.
IV. VACANT BUILDINGS
NEW ORDINANCE PROPOSAL
Proposes that the City Commission adopt as a standard the
Code Enforcement Board-Up Specifications on City initiated
board ups, for all cases where residential units are
required to be boarded up and that an annual inspection be
established.
POLICY PROPOSAL
Window Treatments in Vacant Commercial Buildings. Proposes
standards be adopted for the treatment of windows in vacant
commercial buildings and suggests the Community
Redevelopment Agency and the Downtown Development Authority
de~elop a model.
V. HOME OCCUPATION LICENSE
POLICY PROPOSAL
NTT proposes that there be tighter enforcement and
monitoring of Home Occupational license holders and three or
four times per year, a newspaper ad or other notice format
be published to remind residents of the requirements.
VI. LANDLORD PERMITS
POLICY PROPOSAL
Proposes that a direct notice be sent to condominium
associations regarding the requirement for Landlord Permits.
Additionally proposes, that the water bills and newspaper
ads three or four times per year be used to notify all
landlords of the requirement.
VII. OTHER RECOMMENDATIONS
A. NEWSRACK ORDINANCE
Task Team members reviewed and supported the proposed
Newsrack ordinance regulating the placement of
newspaper vending machines, and proposed the ordinance
include language to offer an alternative color to
"light brown" for vending machines.
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B. TREE TRIMMING
POLICY PROPOSAL
Proposes that Staff send letters to homeowners
associations and tree trimmers regarding the landscape
code and the correct method for trimming trees.
C. CODE ENFORCEMENT
1. POLICY PROPOSAL
a. Proposes that all codes relating to housing should
be published in one section of the Code of
ordinances as Single Family Hou~ing Regulations.
b. Proposes the City Commission direct the Code
Enforcement Board to continue its efforts to
assess realistic fines for non-compliance to code
requirements and begin a practice of not reducing
the assessed and/or accrued fines once compliance
is received.
c. Proposes the City Commission consider approval for
a quarterly publication within a local newspaper,
the names of persons or businesses that are
"repeat violators."
d. Proposes door hangers be used as courtesy notice
for minor maintenance items. Recommended Staff
develop a multiple use hanger with a plan for
distribution and present this to the Task Team at
a later date.
2. AMENDMENT TO COmrJ.'Y COURT CITATION PROGRAM
NTT proposes amending the Citation program to include
the use of citations for any repeat violation occurring
by the same person or business, after two formal
violation notices have been issued. A formal warning
shall be issued to the violator concurrent with the
second violation notice.
D. ALLBYWAYS
It was recommended that proposals for the use of
alleyways to access back yards for parking be addressed
at the quarterly Neighborhoods Task Team meetings.
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E. ANIMAL CON'l'ROL
POLICY PROPOSAL
1. Proposes city Manager write a letter to the
governor's office requesting the wild animal rules
be relaxed to give residents more flexibility in
handling wild animal concerns. The Task Team
proposes re-visiting this recommendation to address
a potential funding source for residents unable to
afford private wild animal removal services.
2 . NTT proposes that the city Commission consider
hiring an assistant to work with the animal
control officer. Lula Butler explained she is
required to document the need for additional
animal control staff.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER //;/ I
SUBJECT: AGENDA ITEM it q.F. - MEETING OF JULY 28. 1992
RESIDENT PROJECT REPRESENTATIVE/TENNIS CENTER
DATE: July 24, 1992
At the July 21st regular meeting the Commission, by consensus,
deferred action on the resident project representative services
included in the contract for architectural services with Digby
Bridges, Marsh and Associates for development of the tennis center.
The proposal was to provide resident project representative services
at a cost "not to exceed $60,000.
Additional backup material for this item was prepared by staff;
however, at the time the agenda was complete had not reached my
office. It will be forwarded to you prior to Tuesday evenings
meeting.
The overall question of resident project representative services is
tentatively scheduled for workshop on August 4, 1992.
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
~i~l j.':.:: ,'., p-. . .
TO: DAVID T. HARDEN . ...... 1..~1.- t tl - '-
CITY MANAGER ~, 't:U
THRU: WILLIAM H. GREENWOOD P/ /J~ 7/z 7/f1. JUL 27.'992
elT
DIRECTOR OF ENVIRONMENTAL SERVICES Y MAN'~{~F;)'r,
~ "-'I.) OFFICE
FROM: RALPH E. HAYDEN
CITY ENGINEER
DATE: JULY 27, 1992
SUBJECT: RESIDENT PROJECT REPRESENTATIVE SERVICES
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
As requested by City commission we have studied requirements for
Resident Projects Representative (RPR) services for various
projects being accomplished by the city. The following is a list
of these projects with the estimated time duration and projected
cost of RPR services.
Estimated Estimated
proiect Construction Time Cost
Tennis Center * $
1) ** 26 Weeks 60,000.00
2) Fire station No. 1 46 Weeks $ 45,000.00
3) Lime softe~~ng Conversion 52 Weeks $ 110,000.00
4) South Tank ** 26 Weeks $ 24,000.00
5) Enclave Water & Sewer 26 Weeks $ 20,000.00
* Includes weekends and overtime as required (not to exceed
amount).
** Part-time RPR Services
It is our recommendation that the Tennis Center RPR services be
funded and awarded to Digby Bridges, Marsh and Associates. The
recommendation is based on the fact that the Tennis Center
project has a very tight time schedule and will require full
day-to-day project coordination. Furthermore, if clarifications
or construction decisions are required, they can be made quickly
by someone who was involved with this project from the beginning.
The architect will assume the responsibility and accountability
for the project. By providing RPR services the continuity of
this project will be maintained and the exposure to the City
reduced in the event of project disputes.
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DIGBY BRIDGES, MARSH & ASSOC., P.A.
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 1.1 FOR CONSUL~tNG SERVICES
CI~Y P.O. NO. CITY EXPENSE CODE 334-4145-572-63.41
PROJECT NO. 92-39 (CITY) 9302 DIGBY BRIDGES, MARSH &
ASSOC., P.E.
TITLE: city of Delrav Beach Tennis Center
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract,
dated , between the City of Delray Beach and
Digby Bridges, Marsh & Assoc., P.E.
t. PROJECT DESCRIPTION
A. Delete Southern Bleacher Company from Digby Bridges,
Marsh & Assoc. design team.
B. Add Swanke Hayden Connell Ltd. to Digby Bridges,
Marsh & Assoc. design team to perform design
analyses, value engineering, constructibility
analyses, evaluations, recommendations and reporting
services in conjunction with Phases I, II, & III of
the Agreement, and to participate in identification
and resolution of potential design conflicts.
II. SCOPE OF SERVICES
A. Perform design analyses, value engineering,
constructibility analyses, evaluations and
recommendations for all drawings and contract
documents prepared by Digby Bridges, Marsh & Assoc.
design team.
B. Submit weekly written progress reports of evaluations
to the city Manager.
...
C. Advise Digby Bridges, Marsh & Assoc. on all Women's
Tennis Association design criteria and principles and
best management design practices, and assist in the
identification and resolution of potential design
problems and conflicts.
D. Make a minimum of three (3) trips to the City of
Delray Beach in support of review and evaluation
efforts as herein described.
III. BUDGET ESTIMATE OF SERVICES
Compensation for services shall be as follows:
A. Method II - Per Diem not to Exceed $ 13,037.40
SEE EXHIBIT nA" ATTACHED
IV. COMPLETION DATE
The completion date for Phases I, II & III is August 31,
1992.
This service authorization is approved contingent upon the
ci ty' s acceptance ot 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 terminate
the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization
approved by the City to be included as part of the contract
without a further notice to proceed.
CSA2.KT
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Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch Witnes5
Mayor
Witness
Attest: STATE OF
COUNTY OF
The foregoing instrument was
acknowledged betore me this
Approved as to Legal _ day of ,-
SUfficiency and Form by title
(name of officer or agent,
of officer or agent) ,
(Name of corporation
Acknowledging), a
(state or place of
incorporation) corporation, on
behalf of the corporation.
He/She is (personally known to
me) (or has produced
identification)
(type of identification) (as
identification) and (did/did not)
take an oath.
Signature of Person Taking
ACknowledgement
signature of Acknowledger Typed,
Printed or stamped
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EXHIBIT tlAtl
DELRAY BEACH TENNIS CENTER
SWANKE HAYDEN CONNELL ARCHITECTS
TENNIS CENTER CONSULTANT
Preliminary Estimated Budaet & Personnel Requirements
Staff Position Raw Hourly Wage Multiplier ot 3
Principal $ 33.00 $ 99.00
Project Manager $ 29.10 $ 87.30
Draftsperson/
CADD Operator $ 15.60 $ 46.BO
Secretary $ 14.92 $ 44.76
Estimated Hours
It is. estimated that per week the projec\ may require two (2)
hours of Principal time, ;hree (3) hours of secretarial time
and twenty-four (24) hours ot project management time.
Based on these figures we estimate that the average weekly fees
will be about $ 2,532.48. Based on five weW of work, we
estimate that the total fee will be $ 12,662.40 .
* These hours are an estimate and may chanqe from week to
week.
** The Draftsperson/CAOO Technician has not been included
into thi5 estimate. It needed his services are to be
calculated into this figure.
Travel Expenses are based on $ .25 per mile. It is estimated
that (based on three 8 - hour days) 300 miles may be traveled
in a given week. Therefore, the estimated mileage is
approximately $ 75 per week, and $ 375 'lor the five-week
project duration.
out of pocket expenses include:
. Long distance phone calls
. Reproductions
. Postage
. Miscellaneous entertainment expenses (luncheon
meet ings , ete.)
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The RPR services for the balance of the projects listed have
already been awarded. We do not anticipate any projects within
the near future other than those listed which will require RPR
services. Hiring an additional outside consultant to perform
this service for the Tennis Center will only add another
consultant and we do not feel this would be cost effective.
Hiring an individual to City staff is not cost effective because
we don't have enough project work to keep him on full time and a
part time employee will most likely seek outside employment as
the project nears completion (the most critical phase of
construction).
It should be understood that these projects require more than
just milestone inspections. These projects involve many
different trades and require a significant amount of coordination
and the ability of someone to make decisions and be accountable
for them.
RH: kt
File: Memos to David T. Harden, City Manager
RHWG727.kt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM * q . Ci. - MEETING OF JULY 28. 1992
SETTLEMENT OFFER/EMIDIO PAPA
DATE: July 24, 1992
We have received an offer of settlement in the amount of $4,500 from
Emidio Papa to settle litigation pending against the City. Mr. Papa
had applied for and participated in the City's Rental Rehabilitation
Program for the rehabilitation of property located at 211 S. Swinton
Avenue. Mr. Papa filed suit against the City for breach of an
implied contract, alleging that the City inappropriately distributed
funds in final payment to the contractor (First Construction of the
Palm Beaches) in the amount of $7,487.47 without his (Mr. Papa's)
consent.
This matter was previously before the Commission at the March 13,
1991 regular meeting at which time Mr. Papa presented an offer of
settlement in the amount of $8,079.98. The Commission rejected the
offer and offered a counter judgment in the amount of $2,500.
The City is currently holding $2,162.31 of Mr. Papa's money. The
proposed $4,500 settlement is inclusive of the amount owed Mr. Papa.
There will be no additional attorney's fees or costs and appropriate
releases will be obtained from Mr. Papa and First Construction of the
Palm Beaches, Inc. The City Attorney's office therefore, recommends
approval of the offer of settlement.
Recommend approval of the settlement offer from Mr. Papa in the
amount of $4,500.
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[ITY DF DElARY BER[H
CITY ATTORNEY'S OFFICE 200 NW is! AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMiLE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM f-7 E C"{~"J V c. :'
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DATE: July 21, 1992 JUL 2 J 1992
elT' .
TO: City Commission Y MAN"'-"-"
1'1(,I-:(S OfFICE
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Emidio Papa vs. the City of Delray Beach -
Settlement
Emidio Papa applied for and participated in the rental
rehabilitation program for a rehabilitation of property located
at 211 South Swinton Avenue. Mr. Papa filed suit against the
City for breach of an implied contract, alleging that the City
inappropriately distributed funds in final payment to the
contractor (First Construction of the Palm Beaches) in the
amount of $7,487.47. Mr. Papa alleges that the final payment
to First Construction should not have occurred without his
consent. Mr. Papa also contends that certain repairs and
renovations were not complete and thus the City's release of
the monies to the contractor was in error.
This matter was previously before you at your March 13, 1991
meeting wherein Mr. Papa presented an offer of settlement in
the amount of $8,079.98. The City Commission rejected the
offer of settlement and countered with an offer of judgment in
the amount of $2,500.00.
The City is currently holding $2,162.31 of Mr. Papa's money.
Mr. Papa has presented a settlement offer at this time in the
amount of $4,500.00. This represents an amount of $2,337.69
over the amount we clearly owe Mr. Papa. The $2,337.69 is less
than the previous offer of judgment presented by the City
Commission in the amount of $2,500.00
Our office recommends approval of the settlement offer in the
amount of $4,500.00, which is inclusive of the $2162.31 the
City owes to Mr. Papa. The $4,500.00 settlement is the total
cost of settlement. There will be no additional attorney's
fees and costs and appropriate releases will be obtained from
the Plaintiff, Emidio Papa and Third Party Defendant, First
Construction of the Palm Beaches, Inc.
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City Commission
July 21, 1992
Page 2
Please do not to hesitate to contact me if you would like to
discuss this matter further.
By copy of this memorandum to David Harden, City Manager, our
office is requesting that this settlement offer be placed on
the City Commission Agenda for July 28, 1992 for City
Comm' ion consideration.
,
cc David Harden, City Manager
Lula Butler, Director of Community Improvement
Dorothy Ellington, C.D. Coordinator
papa2.sar
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'"1
SUBJECT :' AGENDA ITEM * ~. tt. - MEETING OF JULY 28. 1992
SETTLEMENT OFFER/RICCIO
DATE: July 24, 1992
We have received an offer of settlement in the amount of $6,500 from
Vincent Riccio to settle litigation pending against the City. Mr.
Riccio alleges that the City falsely arrested him because the person
named in the warrant, upon confirmation by the City, was not Mr.
Riccio. The City Attorney recommends acceptance of the settlement
offer.
Recommend acceptance of a settlement offer in the amount of $6,500
from Vincent Riccio to settle litigation pending against the City.
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CITY. RJTORNEY'S OFFICE TEL ~,~o. 407 27:3 4755 JI)1 24.92 12:(1(1 F . CI':::
...
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[ITY DF DELARY BER[H :~'. ':,. ;:.....i{<~...~~..:~-:~...... ~. ';:'J~. :.: \. :
,
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CITY AnORNEY'S OFFICE 200 NW lsl AVENUE' DEI.RAY BEACH. FLORIDA ll4U
fACSIMILE 407/278.4755 Writer's Direct Line
(407) 243-7091 ~
..
MEMORANDUM ,
DATE: July 21, 1992
'1'0: City commission ~;/~
FROM: Susan A. Ruby, Assistant City Attorney :For
SUBJECT: Settlement - Vincent Riccio vs. the Cl y of Delray
Beach - our File No. 05-91.001
The City of Delray Beach acting on information it received from
the Lantana police Department arrested Plaintiff on an
outstanding warrant. Plaintiff has alleged that the City
falsely arrest him because the person named in the warrant was
not, upon confirmation by the City, the person named In the
warrant. The next day, April 30, 1990, the City assisted the
-.. U.S. Marshal's office in the rearrest of Plaintiff, wherein the
u.s. Marshal's office determined that the person name4 in the
outstan~g warrant was not Mr. Riccio.
The City recommends .settlement of this false arrest case in the
amount of '6,500.00 which will include all attorneys fees and
coats.
Please do not hesitate to contact if you would like to di8cuss
the details ot this case further.
By copy of this memorandum to David Harden, our office Is,
requesting that this matter be placed on the July 28, 1992 City
Commission agenda for consideration.
cc Harden, City Manager
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f/1.
SUBJECT: AGENDA ITEM * CJ.JC. - MEETING OF JULY 28. 1992
SETTLEMENT OF EMINENT DOMAIN PROCEEDINGS/TUPPEN
DATE: July 24, 1992
This item is before you to accept an offer of settlement in the
amount of $25,000 plus $750 in attorney's fees from Sherman L. Tuppen
and Ronald E. Tuppen for acquisition of Parcel E located north of
S.D. Spady Elementary School.
The appraised value of Parcel E is $23,000. In addition, there is a
City demolition lien on the property in the amount of $1,874.15.
The owners have agreed to pay off the City lien out of the $25,000
settlement figure.
The City Attorney's office recommends acceptance of the settlement
offer.
Recommend approval of the settlement offer in the total amount of
$25,750 from Sherman L. Tuppen and Ronald E. Tuppen to settle eminent
domain proceedings for Parcel E.
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[ITY DF DElARY BER[H
CITY ATTORNEY'S OFFICE 20U NW 1st AVENuE' DELRAY BEACH, FLORIDA 33444
FACSIl\IILE 407/278-4755 Wr~t_r'. D~r_at ~~n_
(407) 243-7090
MEMORANDUM
Date: July 20, 1992
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Spady Property Acquisition -- Settlement of Tuppen
Parcel Eminent Domain Proceedinqs
The owners of one of the parcels north of Spady Elementary,
Sherman L. Tuppen and Ronald E. Tuppen, have offered to settle
the eminent domain proceeding for the total sum of $25,000,
plus $750 in attorney's fees. The owners are represented by
Sidney A. Stubbs, Jr. , Esq. , of Jones, Foster, Johnston &
Stubbs, P.A.
The City's appraisal of Parcel E provides an appraised value of
$23,000. Also, there is a City demolition lien on the property
in the sum of $1,874.15. The owners have agreed to payoff the
City lien out of the $25,000 settlement figure.
This office recommends that this settlement be approved, and
that the City acquire Parcel E for the amount of $25,750.
DNT: sh
cc: David Harden, City Manager
Cheryl Leverett, Agenda Coordinator
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERcn1
SUBJECT: AGENDA ITEM * 'I. :r. - MEETING OF JULY 28. 1992
APPOINTMENT OF OUTSIDE COUNSEL/HOLLIS
DATE: July 24, 1992
This item is before you to approve the appointment of Fred Gelston of
Gelston and Damsel, P.A. to represent the City in litigation
initiated against the City by Doreen Hollis.
Doreen Hollis has filed suit against the City and four police
officers for alleged trespassing, battery, malicious prosecution and
violation of civil rights. The facts of this case and the civil
rights violation charges against the individual officers present a
conflict situation for the City Attorney's office; therefore,
retention of outside counsel is recommended.
Recommend appointment of Fred Gelston of Gelston and Damsel, P.A. to
represent the City in the Doreen Hollis vs. the City of Delray Beach
litigation.
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[ITY OF OElARY BER[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIt\IILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM C{t-r ,--
r . .: ,A:/VI::n
L.__ L.,;'
DATE: July 21, 1992 JUL 2 J 1992
TO: City Commission CiTY fW
I ,!-1N;1ncQ'<;,' ","__
.. Ur rICE
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Appointment of Counsel - Doreen Hollis vs. the City
of Delray Beach
Doreen Hollis has filed suit against the City and four police
officers in this case which involves an arrest at the home of
Mrs. Hollis. The suit alleges causes of action for trespass,
battery, malicious prosecution and a violation of civil rights
against the officers. The causes of action alleged against the
Ci ty are for false arrest and imprisonment and trespass. The
facts of the case and the civil rights violation against the
individual officers present a conflict situation for our
office. Our office is requesting the assignment of the claims
against the officers be handled by attorney Fred Gelston of
Gelston and Damsel, P.A.
By copy of this memorandum to David Harden, City Manager, our
office is requesting that this item be placed on the City
Commission consent agenda for July 28, 1992.
any questions, feel free to contact our office.
dhollis2.sar
cc David Harden, City Manager
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'JVf
SUBJECT: AGENDA ITEM * ct. t:.. - MEETING OF JULY 28. 1992
CHANGE ORDER NO. 2/GATEWAY CONSTRUCTION CO.
DATE: July 24, 1992
This item is before you to approve Change Order No. 2 in the amount
of $4,326.88 to the contract with Gateway Construction Co. to install
interior fiberglass lining in two existing manholes in conjunction
with the North Federal Highway Enclaves Water and Sewer project.
These two manholes are the terminal collection manholes for the new
sewage force mains being constructed under this contract. The
fiberglass lining complies with the new City standards to provide
long term protection for the manholes against deterioration from
hydrogen sulfide gas. The price also includes construction of an
inside drop connection for one manhole.
Recommend approval of Change Order No. 2 in the amount of $4,326.88
with funding from Enclave Water/Sewer Phase I (Account No.
447-5167-536-60.31).
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CHMHILL CONTRACT MODIFICATION Date~ Julv lS. 1992
(CHANGE OlDER)
Contract ModJftcotlon No.: 2
Work Chano. Directive No.(I) 2
Own8r. Cltv of Delrav Beach
Project Name: Water & Sewer Service to the Former Enclaves Project No. SEF30787.Dl.01
Contractor: Gatewov ConstnlctlOn Co.
The following modlflcotlons to the Contract are hereby ordered: (Use additional pages If required)
ProVIde llberalosa liner and In"9. droo oaaemblv for forc. main connection to 2 exlsttno monholelln the North
F09orOl f.llohwav enclave. In accordance with Reaue~ for Qllotntlnn Nn. 17 (lump sum). . -
I Contract Amount I Controct 11me (Calculate DCI'/I) 1 ,
Original S 1 .238.905.00 Original Duration ~A9 Days
Previous Contract Modifications $ ',.(XX),OO Previous Contract Modification 10 Days
(Add/Deduct) (Add/Deduct)
This Contract Modification S 41,326.88 this Contl'Qet Modification --1- Doys
(Add/Deduct) (Add/Deduct)
Revised Contract Amount S 11254,231.88 Reviled Contract 11me 257 Days
The Revised Contract Completion Dote Is:
Seotember '7 . '9..22..
City of Delray Beach Gateway Construction Co. CH2M HILL
I Owner L Controctor L Enalneer Recommendation , I
By: By: By:
Dote: Dote: Date:
Thomas e. Lynch, Mayor
Approved os to Form:
As$Istont City Attorney Alison MacGregor Harty
City Clerk
.... I C2A) ReV 12190 FORM 273
'.
North Federal Enclaves (91-25.1)
Gateway Construction Co
Change Order #2
Price breakdown:
Line two existing Manholes (Fiberline) $3,512.50
Construct inside drop 250.00
---------
Subtotal $3,762.50
15% Overhead & Profit 564.38
-..-------
Tota~ $4,326.88
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"~"
. .07.06-92 IO:45AM FROM CH2M HILL POI
\. GATEWF=lV CON&T~UCTrON co. P.02
.:r)J N - i .. - 9 :2 TUE 141:29
CHMHlll R,QUEST FOR QUOTATION QUOTAnON NO,- 17
.... _June 11. 1m
TOI ~1~~~~~~~.~~~ILl. ~ DATE:
FROM: ~
PROJECT: Delrov Bloc"" WateC end Sewer for El"lctoves PROJeCT NO. ~eF~0781,O'
KEYWORD DESCRIPTION: ...~orth ~.d.rol ForCLM~ln' 1 J
DATE QUOTATION REQUIREDr June 15,-1992 ~I
THE FOLLOWING MOOIFICATION TO TH6 CONTRACT HAl lIEN lOINTI'IEO, PUIUUANT TO THI QENEI1AL CONDITION'. "LEASE
P~OVIOE A QUOTATION FOil TIoII AI.TERA TlON AS OliSCll18EO IN ITEM " THE QUOTATION SHOULO INCLUDE AN ITEMIZED eJUAI<OOWN
OF CONTIlACTO~ ANO SUBCONT~ACTO~ OOSTS, INCLUOINQ LABon. MATERIALS. R&NTAl:S, APlDnOVED SEIMCU. OVE~HIAC, AND
P~FIT, THIS AlQUIST SHALL NOT!I CON810ElUO AUlHOI1IZATION TO tJ~oelEl) WITH THE WO~l( HI/'aEIN OI8C:~18!O.
.........._.e......==.....==~....=.C~=8.....===~==...a.~==....~..=.=......a...............
TO BE COMPLrTED 8Y INITIATOR OP REQUEST,
, I SCOPE OF WORK: (INCLUDI LIST OF AnACHMENT8)
" ~l - -"
2. REASON(S) FOR MODIFICATIONI
-.
=Itv request , n~ J ~.
3. APPROVAL OF REQUEST:
OWNER J. DATI
EN~INEER ~~ DATE &,1 uJ~ ....
....=Q=~...===.B====.......===......===....=====.==......===.....====.....==.....===......
TO 1& COMPL&TED tV CONTRACTOR:
4. TOTAL COST 0' MODIFICATION (ATTACH DETAILED BRIAJ(OOWN) . j' f' ~~4'~?/
5. WilL A MODIPICATlON TO THE CONTRACT nM& BE REQUIRSD'
,1>4 YES I ) NO
IF SO. TRADECS)
NO. OF PERSONN&L ·
OURATlON ....:L {CAlENDAR DA VIr
6. ATTAOHMENT tDENTtFICAT10N: (LIS1) -
7. QUOTAnON IS IN IFFECT UNTIL: (DATI)
eo APPROVAL 0' ~ ~ DATI ~~i=!
"~ONTRAOTOR - --- - j"~ ~ .::.- I r
.
(2.7) FORM' "
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, ~7-06-92 IO:45AM FROM CH2M HILL P02 . . . .
6'UN-,16-92 TWE 1...:~e CiiATEWAY CONSTRUCTION CO. po.e~
,(If'IBERl.INE INC. : e-le-S2 I erOSPM l UNS1NO. MICH." GOee124e8el# 2
.-.. H-B~~~W~~h- IP)R()POS~~l
141 St,vln. AVI. Suite 9. Old.mar, FL 34871
I.RIK""2."AI PUI (~17) 322.222:1
NGINJ:kH
tt .
~. her.bv lubmlt 8j)80lfla.tlonl Ind ..tlmat.. forI
... WI propos. ,,~Cl 1".,.1\ th.L Fr,ERL.INE TN Sysr.,., lin.1' II PIt' th$ attae.hed ,g,p1tiCttio"L1D-
~~8 tol1gw~ng t~o (2) m~n~~le~ ~'8,urinQ 4' diemst,r X ~~9" dQe~ manhole '"d O~.~, ~18mt\J
t3' 7" Cleeg manhole far the tob.~ ~ric8L ot.. S3,'11,IQ~Ul - , -" . 4 r .'
- TM.I otiC1 ~R.!!!sle' cleaning, ,.taDp1np Wlj:..t.,~ntU.tr8t1.C),n. 'D~.lGU.1Wn9 ~Iter\orat~~_
Iv:feoe. .. requ~tg DreOlre the mannalla ta receive the li~.r.. Thi. p~lce in.clud8s 811
~r~ff1o control 1~pidBnt81 to Lq.t.l~,t~D~Ll . Af .
____ The li"lr. can bl 1nst~11ed ~urinB "a~m,l ~low (Dormal ~ow i. d.fi~~ Be tlow ~hich do.~
!9t slCa..d_tb! L 'prina.. 1~'11) '>-.4 JVQl" DU!ftD~!\9 ar ~low eqf)Jl'c1 ,"'h1e" tllB" ~l.!JI~I'..rUa~ -
l.... . m. n t no u~d J~" t~1. cfic~,
. """ fI.. I
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I
/'rdt TIRMS AND CONDITIONS
, WE PF\OPOSl tltrlby '0 f"'nl1h material and Itbor · aom.',ln IOCord"rlCe with alMv. IptllftCltlonl, ,,, ttI. aum of:
Jbfl!" Thouund Pi". J.hlDdrJttf ~~hlA DpH _to- I MDJ1nO......':"-..----"I........-,,----,.("'\.,.519 J 50~.-...u~..,.
. P'~lII'It to tlO rnact. AI f6l10""'1 ...liT ,1.M+k of ....., ,oMb D~teJ' !~U/oj.~. datt 1_' --.--
. All flllllt'rlaI II Quor.ntlea " D' .. IplClfltd. An ~ " bl oomplo1td In . wOflCl'Mnllk. mlnn" ICeor<JI"O ta ,tftnd...1S ~1O'lo" A.n't IltlfAtlon Of '
dtvlatlol1 Irom abOvt af;ltOlftcatlCna Involvlna ellt"' COI" Will " ')Clout.. only u~., wrltton oro...., ond WIll bo<:OI1Ie en elttr. ohor;. OIl., and Ibo~. th6
.atlmat.. All .~HfTlOI'lt. oonlln;.." upon Itr*es, acclde"t, Dr dellva ;eyond our control. OW,*, 10 oarry fIr" tomado and othlt 1\~'''1l'V II'IN !fMoa. 0\1'
wOrk"tllt' '''I ~ C1OV.rtd by Wei'kmo",'. Compenlatl<<\ 'nMll'lnu..,
PI1001 tubjecll to t'AIII, II IpttllCIDlt.
U~" lootpll"" tf thlt JmIooe.., M mutt hne a I",., 1r0ft\ ,t\t named OWn", l'l\~he ,.,IOn(I) rep'Qtentl~l\O OWner 1M who tlaa the authority to
tlQn thll 1)1'000111, orClII jllll'" WOIk atld/or mI1lrll'-, Md III. 'l,I,hOl'l~. p.ymel'l' at I' work. 'M\ero OWne, \I, Ula'" t""lt TetlM Ilna OondltlOl'l6, the
l'I&Il'\od tDprMlf'l,.tlvflll) ."'all tM acting.. OWt'1ll'la ~'",.
FlbtrLlne AmMloa, I~c .,vAl Q,\lve' and/<tr \n~t'\\ "" ~edu&lI' \ a, allOW ~OI' plQ\( U~ Qt the prCdI.\(lt(II) ~l\~ lhtl PfOpOtaII, .\Gf\Od ,"0 tho Own... pUrultue
Dmet II IIIU\k)llncs r.c.IY~ '" I'I\WU,,* M1erlca" offloe, \lronl \lIlt Qltt, 'he ardor'll"' b& pt'KtI.ecs KOordloglY.
Tho IIboI/t T61m'. COndl~orI' Aft general, Dt\M;e1 on any Ito"" ,,",0 11'1 aUaohteS 1\1"'0. II'IcI mUlt be Ippro'ltd by 0Wf\'" 1I'Ic& Flb4ll1.lnt AA\er\Qa, 1:'10.
~~~MI:.f1B~RLtNE 'M SVBT~ &p8Q~e8tt~n. .~_~n~10ged (n tba.!ib~rlina-Suhmttt.t ~ac~-Q~
,..., ";"\n~ of tnle prOJ)01A1 by t~ ~l\" e)(.eU1o. . ~QI~ fJ\d \lwf\lIl:ol'l\rGo, bftW'I" Own. FI~ noA oW bath Ow"'" and
'\.I". 1'MrIa" Ino. AQt,8Il'IO to tM alMv' Torlll, IlI'\CI conca on.,
AberlJnt Am'rlot, IMI. IltnlturOl-. . .
NOtE: Thla lVOPOIII mlV t)f withdrawn by \It If not UDt"od withIn gn daY',
.J'UH-1e.-92 TUE 14131 GATEWAV CONSTRUCTION ca. ID.A4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM * ~. t...._ MEETING OF JULY 28. 1992
CHANGE ORDER NO. 2/JACK HARDY. INC.
DATE: July 24, 1992
This item is before you to approve a change order to the contract
with Jack Hardy, Inc. in the amount of $62,828.94 and which
increases the contract completion date by 14 days to remove existing
15 inch vitrified clay pipe (VCP) sewer line from Manhole #7 to
Manhole #113 and existing Manholes #7, 112, and 113 and install new
15 inch SDR 35 gravity main sewer line and replacement manholes in
Block 117 in conjunction with the CBD Alley Reconstruction project.
A joint of the 15 inch VCP sewer line collapsed during grading for
new pavement in Block 117. This resulted in sand infiltration of the
line, subsequent pavement collapse and a large sink hole in the
middle of the alley. Many of the remaining segments of this VCP line
have similar cracks and are also subject to collapse. In addition
this line enters the manhole in Altantic Avenue at a lower elevation
than the outfall line. As a result, sewage backs up in the line and
becomes septic, contributing to the odor problems in the area. The
new line will be installed at the proper elevation to eliminate this
problem. Therefore, staff recommends replacement of this line and
manholes.
Recommend approval of Change Order No. 2 to the contract with Jack
Hardy, Inc. in the amount of $62,828.94 and which extends the
contract completion date by 14 days; with funding from Water and
Sewer Renewal and Replacement - Manhole Rehab (Account No.
442-5178-536-61.84).
<3-1:0/ ~6) ~)
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Memorandum
Date: July 7, 1992
To: David T. Harden, city Manager
Thru: William H Greenwood, Director of Environmental services~~~
Ted Glas, Purchasing Officer
From: Ralph Hayden, city Engineer~
Re: Central Business District Alleyway Reconstruction(91-53)
Block 117 Sewer Replacement
During the design of the CBD Alleyway Reconstruction Project the
existing Sanitary sewer mains wi thin the scope of work were
Televised. Based on a review of the TV tapes and logs the line
segments of mains in need of immediate repair were included in
the scope of the project. All line segments not in need of
immediate repair were deferred until funds were available for
slip lining in the future. The line segment from MH #7 to MH
#113 in Alley Block 117 were not in need of immediate repair.
The project contractor, Jack Hardy, Inc., was grading for the new
pavement in Block 117 and a joint of the 15" vitrified clay pipe
(VCP) collapsed immediately south of MH #112. This resulted in
sand infiltration of the line, subsequent pavement collapse and a
large "sinkhole" in the middle of the alley. Upon further review
it was concluded that the condition of the entire 15" VCP sewer
main from MH #7 in Atlantic Ave south to MH #113 (542 If) is
representative of the condition as the one joint south of MH #112
that failed.
The attached Change Order #2 to Jack Hardy, Inc. is for removing
and replacing the 15" VCP with new SDR 35 PVC and replacing the
old brick manholes with new precast structures. The price also
includes associated service replacement, bypass pumping and
protection of adjacent property.
The decision to replace the old main rather than line it as
originally intended in the design process is being proposed for
three reasons. The pavement surface is being reconstructed under
the alley contract in the area of this pipe, the cost factor of
lining the main, and the variations in line and grade of the
existing main can be corrected with the new installation.
Jim Reynolds has verified with the Health Department that this
main can be installed by modifying the existing permit for this
Project. The unit prices and scope of work have been verified by
Staff and are acceptable.
File: 91-53 D
CC: Memos to City Manager
Jim Reynolds, Acting Chief De~ngineer
Howard Wight, Construction Ma
George Abou-Jaoude, Deputy Di or of Environmental
Services
,
CHANGE ORDER
No. 2
Date , 1992
Project No. 91-53
Project Name: Central Business District Alleyway Reconstruction Project
Funding Source
Owner: City of Delray Beach, Florida
Contractor: Jack Hardy, Inc.
Contract Date: April 17, 1992
To: Jack Hardy, Inc. , Contractor
You are directed to make the following changes in the subject contract:
At Alley Block 117 remove existing 15" VCP fromMH 117 to MH 11113. Remove exist-
ing MH1I7, MH 11112 and MH 11113. Install new 15" SDR 35 gravity main and replacement
MH 117, MH 11112 and MH 11113. Price includes all bypass pumping and protection of
adjacent property.
Above to be constructed under the schedule of items & Unit Prices per Sch. "A" attached.
which changes are more specifically described in the attached amended
plans, drawings, and specifications.
The reason for the change is as follows: Existing 15" VCP and manholes are
deteriorating resulting in collapse of existing pavement. Surface construction is already
in existing contract with Hardy. Unit prices are commensurate with ,unit price of the
contract.
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: $ 523,993.90
1 of 2
"
.
.
CHANGE ORDER # 2
2. Net increase resulting from the change order: $ 62.828.Q4
3. Current contract price including this change order: $ 586,822.84
B. Contract Time
1- Contract time prior to this change order: September 30. 1992
2. Net increase resulting from this change order: 14 Calendar Days
3 . Current contract time including this change order: October 14. 1992
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. 91-53 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:
~~ ~ RardYI~. , CONTRACTOR
//fa ~s
By: ~~ . 4/~~-
As to Contractor Title
2 of 2
--
.
Schedule 'A' . Change Order '2
Alley Reconstruction. Delray Business District
Project #91-53
Block 117 1511 VCP Sewer Main Replacement
At Alley Block 117 remove existing 15" YCP from MH #7
to MH "13. Remove existing HH '7, HH "'2 and HH "13.
Install new 15" SDR 35 gravity main and replacement MH '7,
MH 1112 Ind HH 1113. Price Includes all bypass ~ing
and protection of adjacent property.
Above to be constructed U'1der the schedule of items and
unit prices below:
Bid Prices Urlts Total
.....----...-------.---.-.--------------
Install HH '7 (precest) $3,500.00 1 LS $3,500.00
15" SDR 35 sewer main from MH .7 to MH 1112 100.00 147 LF $14,700.00
Instill HH "'2 (precast) $2,500.00 1LS $2,500.00
15" SDR 35 sewer main frOll MH 1112 to MH 1113 $70.00 395 LF $27,650.00
Install MH "'3 (precast) $1,178.00 1LS $1,178.00
Reconstruct existing Sewer Lateral $40.00 60 LF $2,400.00
Install traffic bearing lid cleanout $160.00 9 EA $1~40.00
Repair brick pavers $29. 'JO 28 SY 12.00
Repair Type 'F' Curb $9.00 20 LF $180.00
Repai r therlllO pavement Ill8rklng S85'1.00 1LS S850.00
Maintenance of Traffic $1,8~0.00 1LS $1,850.00
R~ir Asphalt in Atlantic Ave $25.00 117, SY $2,925.00
S rede/rock restoration in Alley 117 $6.82 417 SY $2,843.94
.-----------
Total net add Change Order '2 $62,828.94
............
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM * q 11 - MEETING OF JULY 28. 1992
CHANGE ORDER NO. 6/ELKINS CONSTRUCTORS
DATE: July 24, 1992
This item is before you to approve a change order in the amount of
$74,800.91 to the contract with Elkins Constructors for conversion of
three clarifiers to lime softening reactor units.
This change order represents an increased scope of work for the
rehabilitation of Clarifiers No. 1, 2, and 3. Additional items were
identified after the units were taken out of service and the actual
condition of the units was observed. Those additional items include
welding of bridge and launderers, grinding weld with handwheel,
repainting System No. 1, providing additional parts including new
Sterling Variable Speed Drive units and 30 HP motors for each unit.
By doing this work on a time and materials basis with a contractor
already on-site, the work will be completed prior to start-up of the
lime softening facilitiesj thus minimizing potential future
shutdowns. Once the work is complete, these units will be in a "like
new" condition and should give years of uninterrupted service. This
work was anticipated to be done during the lime softening project
under the $250,000 allowance item in the contract document which was
subsequently removed during the award process.
Recommend approval of Change Order No. 6 in the amount of $74,800.91
to the contract with Elkins Constructorsj with funding from 1991
Water and Sewer Revenue Bond - Buildings (Account No.
447-5164-536-60.31).
.,
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Memorandum
Date: July 22, 1992
To: David T Harden, City Manager
Thru: William H ':tJ$'l:'l Director of Environmental Services
/).z.l1q'Z-
George Abou-Jaou e, Deputy Director of Environmental G;~
Services
From: Howard Wight, Construction Man~
Re: Lime Softening Addition to Water Treatment Plant (91-22)
Rehabilitation of Clarifier #1, #2 and #3
Change Order #1 for this Project in the amount of $92,316.77 was
for the rehabilitation of existing Clarifier #1, #2 and #3 at the
Water Treatment Plant. The scope of work presented in Change
Order #1 was based on recommendations by TSC corporation (EIMCO
representative), CH2MHill, Elkins Constructors (Contractor) and
City Staff. The scope was developed based on "best available"
service information and from field observation of the existing
clarifiers while still in operation.
All parties involved felt like the $92,316.77 amount was a
realistic amount and scope that comfortably could be used for
doing this work. It was anticipated that the final amount at
completion would be below the $92,316.77.
The rehabilitation of these Clarifiers is to be completed one at
a time. Clarifier #1 was the first to be taken out of service.
The walls and steel structural members (bridge and launder) have
been sandblasted and primed. The EIMCO drive unit has been
removed, disassembled and inspected by the Contractor and the
EIMCO representative.
At this point the scope of work can be defined better than when
the clarifier was in operation. The scope of work has increased
and as a result the amount of the rehabilitation has increased.
The revised amount is for extra work performed and not for
redoing work already completed.
The following is a scope of additional work and justification is
based on the actual work to be performed identified at this point
by all parties. The scope is as follows:
L SDare Parts:
The price increase on spare parts resulted from an
estimate before Clarifier #1 was taken out of
service.
1 of 3
'.
.
EIMCO's on-site representative recommends the
additional parts be installed to minimize failures
ocurring after start-up.
2. variable Drive:
The original estimate from the EIMCO
representative was based on rebuilding the
existing Sterling variable speed drives. After
breaking the units down the representative
said the units could not be rebuilt. The revised
quote is for installing new units.
3. Installation of SDare Parts:
The scope of work increased with the increased
number of spare parts being used.
5. Welding:
Our original inspection of Clarifier #1 was made
with water in the tank. The tank was drained and
the sandblasting completed on areas underwater and
on the underside of the launderers. This exposed
more rust/corrision than was originally
anticipated. This condition has resulted in more
seal welding on the bridge and launderer. This
work needs to be done to prevent future rusting
and prolong the life of the unit.
6. Painting:
After the additional welding is completed these
areas must be reprimed.
The attached Change Order #6 breakdown reflects the scope and
amount of work to be completed for the Clarifiers. The revised
price is $167,117.68. This represents a $74,800.91 difference
from the original amount of Change Order #1.
Clarifier #1 is the oldest unit so it would be logical to assume
that it would require the most work. However, it won't be
possible to define the exact scope of work until each individual
unit is taken out of service. It is assumed that since #2 and #3
are newer units that the scope of work should be less and #1
represent a "worst case scenario".
2 of 3
'.
..
In conclusion, there is a large disparity from the amount of
Change Order #1 and proposed Change Order #6. However, there is
also a substantial increase in scope. The City is receiving
"value received" for the additional monies. By doing this work
on a time and materials basis with a Contractor already on-site
the City is completing the work prior to start-up of the lime
softening facilities and minimizing potential future shutdowns.
When the work is completed these units will be in a "like new"
condition and should give years of uninterrupted service. This
work was anticipated to be done during the lime softening Project
under the $250,000.00 allowance item originally in the Contract
documents and subsequently removed during the award process. The
intent of the allowance was to complete miscellaneous
remedial/rehabiltation items such as the work being proposed for
Clarifiers #1, #2 and #3.
File: 91-22 D
CC: Ralph Hayden, City Engineer
Don Haley, Water Treatment Plant
3 of 3
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CH1.f HILL CONTRACT MODIFICATION Date: Julv 23. 1992
(CHANGE ORDER)
Contract ModIfication No.: 6
Work Chonge Directive NO.(I) N/A
Owner: City of Delrov Beach
Project Narne: WQt~r Treatment Plant lmorovements Project No. SEF30787.B7,80
Contractor: Elkins Constructors
The following modificatioN to the Contract ore hereby ordered: (Use additional poges If reQuired)
A9Qltlonol se008 of \\loti< reQuired on 3 EIMCO treqtment Vnlts for weldlne of brides and launderers. erlndlna
welda with handwheel. reoalntlna bv brush of Gyatem No. 1 crlmer on areas welded. orovldlna additional oarts
Includlne new Sterllne Variable Soeed Drive units and 30 HP motors tor each unit. This work suoclemel")tl
Chance Order NO.1 dated Mav 4.1992.
I Contraet Amount I Contract nme (Calculate Days) I
Orlglnol S 3.965.oo::J.OO Original Duration 365 Days
Previous Contract Modifications S 129 ,772. 79 Previous Contract ModlflcatlOn 0 Days
(Add/Deduct) (Add/Deduct)
this Contract Modification $ 74.800.91 This Contract Modltlcatlon ~ Day,
(Add/Deduct) (Add/Deduct)
Revised Contract Amount S 4.189.513.70 Revised Contract TIme 365 Days
The RevISed Contract Completion Date II:
Februarv 9 , 1993
The OO$t of the repolr work wlll be determIned by force account.
I Owner I cankacto. I EngInHr Recommendation I
By: By: By: ~~ 6;.....-';)
Dote: Dote: Date: "7 - 2- 3 -7 L
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(2.4) REV 12/90 FORM 273
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Water Treatment Plant Lime Softening Conversion (91-22)
Existing Clarifier # 1, #2 and #3 Rehabilitation
Change Order #6
Material
EIMCO spare parts (3 units @ $10,000)...................... $30,000.00
Parts freight back to EIMCO................................ 2,500.00
Variable drive units (3 units @ $10,900)................... 32,700.00
Misc. steel and bolts (repair as req'd-3 units @ $ 1,200.00) 3,600.00
Small tools and consumable (3 units @ $500.00)............. 1,500.00
EIMCO Service Representative ($730.00/day)
(10 days per units in original scope of work)
Replace variable drives (3 units @ $730/day x 3 days) 6,570.00
Install Spare Parts (3 units @ $730/day x 2 days) 4.380.00
Sub-Total. . . . . . . . . . . . . . . . . . . . . . . . . $81,250.00
Fee - 15%......................... 12.187.50
Material Total.................. $93,437.50
Labor
Replace Spare Parts (1 week/unit)
1 Foreman x $22.25 = $22.25 x 40 hrs = $ 890.00
2 Mechanics x $17.05 = $34.10 x 40 brs = $1,364.00
1 Laborer x $11.35 = $11.35 x 40 hrs = $ 454.00
1 Superintendentx $38.00 = $38.00 x 10 hrs = $ 380.00
3 Units X $3,088.00 = $ 9,264.00
Grind welds w/handwheel and brush prime (2 weeks/unit)
1 Superintendentx $38.00 = $38.00 x 30 hrs = $1,140.00
1 Foreman x $22.25 = $22.25 x 80 hrs = $1,780.00
1 Mechanic x $17.05 = $17.05 x 80 hrs = $1,364.00
1 Laborer x $11.35 = $11.35 x 80 hrs = $ 908.00
3 units X $5,192.00 = $15.576.00
Sub-Total. . . . . . . . . . . . . . . . . . . . . . . . . $24,840.00
Fee - 15 %. . . . . . . . . . . . . . . . . . . . . . . . . 3.727.00
Labor Total....................... $28,567.00
Rentals
Storage Trailer (5 months @ $150.00/mo).................... $ 750.00
Rental Total...................... $ 750.00
'.
...
Subcontractor
Welding/Repair of Bridge and Launderers (2 1/2 wks/unit)
1 Welder x $35.00 = $35.00 x100 hrs = $3,500.00
1 Fitter x $25.00 = $25.00 x100 hrs = $2,500.00
1 Tacker x $20.00 = $20.00 x100 hrs = $2,000.00
----------
3 units X $8,000.00 = $ 24,000.00
Sandblast and Paint Interior walls of treatment
unit 1,2, and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14.000.00
Sub-Tota 1. . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000.00
Fee - 15% on $ 24,000.00 ........ 3,600.00
Fee - 5% on $ 1,400.00 ........... 700.00
Subcontractor Total............... S 42.300.00
Total all Costs v/Fees $165,054.50
Bond 'Insurance (1-1/4%)......... S 2.063.18
Total change Order Estimate....... $167,117.68
-----------
-----------
Change Order Recap
Total Estimate $167,117.68
less amount of Change Order #1 -92.316.77
Net amount of Change Order #6 for additional scope $ 74,800.91
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_ JUL 16' '32 12: 18 THUU1Ar'j SALES THr'IPA 813 :3:3'3 0777 P. 1
, ~. ~f~ " . 1~lf!Af
~ .u>-e. 1-1 e;.L~
TSC CORPORATIO:N '
NORMAN S. c.AIn~y~p.E.
CHUCK M. PAULK. JR.. P .E.
DAVID L. M\l~lJ..ER. P.f:.
JUly 16, ,1992
Mr. George Abou-Jaoude
City of'Delray Beach
434 's.; Swinton Avenue,
Delray BeCl,ch,'FL 33444
RE: Eimco Reactor~Clarifiers
Rehab for Lime SOftening Conversion'
Dear Mr. Abou~Jaoud.e:
This letter is -intended to explain and document the cost of work
associated with the projeot referenced above. Please note that the
equipment noted has been in continuous operation 24 hours a day,
7 days a week, with only limited ,downtime for service" and
maintenance" "for~ell over 10 year~.-
We, Eimco, have been :requested to provide pricing 'and quotations
for parts wh,ich might be required to bring the machinery into
"like-new" condition.' Unfortunately, it is impossible to
accurately predict which p~rts might be worn, or to what extent,
without physically dismantling the existing eqUipment.
Therefore,' Eimco agreed, to ship a full crate of parts- (see
attachment) which make up a drive. Further, Eimco has agreed to
wai ve restocking . charges for parts which were shipped to, the
jobsite yet not required. This arrangement will m.i,.:riimize,equipment
downtime enabling the City to be baok on line prOducing water as
qUickly as possible. ' .
The first unit is sch~duled for dismantling within' 3-4 weeks.
I Parts requiring replacement will be identifiable at that time. We
I do not anticipate that all of the parts will be required ($72,250).
In ,fact, it is ,estimated that only $8,000 of parts may he
installed. The City has Eimco's' assurance that the installation
of new parts will be minimized as long as equipment reliability is
not sacrificed~ Please note that, this cost could also be $10,000
or more, and that wear on each unit may not be identical (3 units).
Finally, relative to the buyout sterling vari-drive, Eimcocannot
repair the existing units. We do not necessarily have the
technical expertise to make the proper assessment on parts versus
equipment life. We strongly recommend that due to the time and
expense involved obtaininq the services of another field rep, that
the City consider the purchase of new vari-drive units which can
be mounted by Eimoo personnel.
4919 Mtall;)BI.U HICH'WAY, SlJrtt: 250,. T.ucp~. FLORIDA 33634 . (813) 888-5556 . 1"4'( (813) 889.0777
'.
JUL 16 '~2 12: 19 THUU1Ar'l SHLES mf'lPH :313 ::::8'3 0777 P,2: 4 , ,
. - .
Mr. George Abou-Jaoude:
City of,Delray'Beaoh
JulY 16, 1992
Pag~ Two
We trustthepreoedingexplains the present situation as a09urately
as possible and ,welcome any additional requests for clarification.
Sincerely,
TSC CORPORATION
Representing
ErMCO PROCESS, EQUIPMENT COMPANY
cD~~~"'.'
David L. Mueller '
DLM/amp
co: ,Helmut Kaesberger, Eimco ,
Don ,Ha.ley, City of'Delray Beach
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttJ1.
SUBJECT: AGENDA ITEM i ct N - MEETING OF JULY 28. 1992
AUTHORIZE WATER LINE REPLACEMENT/N.W. 13TH STREET
DATE: July 24, 1992
This item is before you to award to Johnson-Davis, one of our utility
emergency contractors, a project in the amount-of $46,489 to install
approximately 1,300 linear feet of water main at N.W. 13th Street in
the Lake Ida area.
Since a new customer recently connected, we have received complaints
with regard to extremely low water pressure in this area. Staff has
investigated those complaints and found that water service is
provided to this area via 2 1/2" and 1 1/2" galvanized water mains.
Additionally, there is no fire protection in the area.
The price quoted by Johnson-Davis, of $18 per linear foot for an
eight inch water main, is lower than the bids we have received on
other recent utility projects.
Recommend approval of the project award Johnson-Davis in the amount
of $46,489 to install approximately 1,300 linear feet of water main
at N.W. 13th Streetj with funding from Water and Sewer Renewal and
Replacement - Water Distribution Improvements (Account No.
442-5178-536-61.78.
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M E M 0 RAN 0 U M
TO: David T. Harden
city Manager
FROM: George Abou-Jaoude
Deputy Director/P.U.
SUBJ: N.W. 13 STREET IN THE LAKE IDA AREA
DATE: July 23, 1992
We have received several complaints on water pressure in the area
highlighted on the attached copy. This area is served by a 2
1/2" and a 1 1/2" galvanized water main. This area has no fire
protection.
I have reviewed the proposed estimate submitted by Johnson -
Davis, Inc. , who is an approved emergency contractor. They were
approved by City Commission on February 22, 1992. I recommend
approving the installation of this main to help improve the
pressure and fire protection to this neighborhood.
/) /
~A'
(-- /'
George Abou-Jaoude
Deputy Director/P.U.
GA:pw
cc: Ted Glas, Purchasing Officer
FILE; Interoffice Memos to city Manager
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10:50
JOHNSON.DAVIS INC.
~~
604 HILLBRATH DRIVE
LANTANA. FLORIDA 33462
407.588.1170
FAX NO. 407-585-5252
DATE: 1- ~-9~ PAGES; ~
(including cover page)
TO: Ge~e akl4.- -jtlDutle..
ATTN:
FROM; $0lJ+f. JahllS~n
MESSAGE
-
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1.7 ::!3 9::! 10:50 'Z!-lOi 5S5 5252 ..TOH:\SO\ -I>:~ n S . . '4;ti112
J - D
JOHNSON.DAVIS INC.
HEAVY CONSTRUCTlON ~JSI...uI'<i-~ UNOePlGIl'OUNO lJT1L'TIES
60" HILLBRATI; OFUVe
LANTANA, FLORIDA 33462
407-588-1170
July 23, 1992
City of Delray Beach
Enviror!ffiental Services
434 s. Swinton Avenue
Delray Beach, Florida 33444
Attn: Mr. George Abou-Jaoude
RE: WATERMAIN EXTENSION N.W. 13':rH STREET
Dear Mr. Abou-Jaoude:
We respectfully subm~t the following proposal for your consideratio~
The quotation was prepared from field meeting of July 21, 1992 .
8 It CL 52 830 LF @ 18.00 14,940.00
6 n CL 52 430 LF @ 13.00 5,590.00
FH WjGV 3 @ 1400.00 4,200.00
Connect To Exist. SD 1 @ 800.00 800.00
Connect To Exist. 2R 1 @ 500.00 500.00
81f GV W/Box 1 @ 450.00 450.00
6n GV WjBox 2 @ 350.00 700.00
Road Repa~r {Base & Asphalt} 530 SY @ 21. 00 11,130.00
Driveway Base Replacement 190 SY @ 6.00 1,140.00
Driveway Asphalt Replacement 237 SY @ 7.00 1,659.00
Maintenance of Traffic LS 800.00
Sample Points 2 @ 100.00 200.00
In Long Single service 8 @ 375.00 3,000.00
In Short Single Service 3 @ 210.00 630.00
Density Testing LS 750.00
S 46,489.00
SPECIAL PROVISIONS
- bacteriological testing by the City of Delray Beach
- meters and boxes by the City of Delray Beach
- service tie-ins and switch over's by City of Delray Beach
- City to provide meter for filling and testing at no charge
- density testing by Jo~~son-Inc. Inc.
- final costs to be determined by above unit prices
- City of Delray to provide utility easement for 6n pipe
If we may be or any further assistance, please contact our office.
1ft
ott J. Jo
Presiderlt
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'/1
SUBJECT: AGENDA ITEM # CJ .0.- MEETING OF JULY 28, 1992
APPOINTMENTS TO THE EDUCATION BOARD
DATE: JULY 23, 1992
The terms of Robert French, Kathy Anderson, John M. Jackson and
Loren Sheffer will expire on July 31, 1992. Mr. French and Ms.
Anderson are eligible and would like to be considered for
reappointment, as indicated by their attached letters. During
the past year, Mr. French has attended eighteen (18) of the
twenty-three (23) meetings. Ms. Anderson has attended ten (10)
of the eleven (11 ) meetings since her appointment on January 21,
1992. Mr. Jackson and Mr. Sheffer are not seeking reappointment.
The term is for two years, commencing August 1, 1992, and ending
July 31, 1994.
In order to be eligible for membership, a person must be a
resident of Delray Beach or have a child in the Delray Beach
public school system. If possible, members shall have a
background in business, real estate and/or education.
The following individuals have also submitted their applications
for consideration:
Karen Kiselewski
Jerry Marshall
Rosalind Murray
Lawrence Siegel
Horace Waldman
Pursuant to Commission direction, a check for code violations and
property liens has been conducted. According to City records,
none of the applicants has any outstanding violations.
Based upon the rotation system, the appointments will be made by
Mayor Lynch ( Sea t # 5) , Commissioner Mouw (Seat #1), Commissioner
Alperin (Seat #2) and Commissioner Andrews ( Sea t # 3) .
Recommend appointment of four ( 4 ) members to the Education Board,
to terms ending July 31, 1994.
m ~oe.. L4 nCf-l - ;Jf-efA.j m A-e.5 hA-II
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CITY OF DELRAY BEACH ~'~
BOARD MEMBER APPLICATION
~?OBt:~/ , r~C))C#
NA! E
9~o f)c{r::wzrtJD )}/?, ~S-~b j)El.gJYBOkI/ S 3 '/'2
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDgNCE)
PRINCI STREET ADDRESS, CITY, ZIP
~ V 3-'19 1./3 ~
HOME PHONE BUS ESS PHONE
..
WHAT BOARDS ARE YOU INTERESTED IN SERVIN~ ON:
DEL,L.,+'/ /3EAc-k E.P UCA- 77~...-u /3(jA~D
",>of -
LIST ALL CITY BOARDS walCH YOU ARE CURRENTLY OR HAVE'~REVIOUSLY .'
. '-SERVED ON. (~lease include dates)J..!{)MA..J '2E~T1iJl&J.S" t:!/IlGA g-2. ~3
:::;:")t1J.s-O 1'/J~7/C:IPAiFIJ.lAJ VIS)"NS ~~l:>!:> SEHIJVJ9te. '
4JtJO lL" ~-
SUBSE~UFnl ~HHJrrEt:'- A1FEn.v&-~ P€~JcJ;7: OffA)S ~l:.C
p1J?v]) R.. E C/l& 7r.,-/ ~ ~ Ii'
GIVE Y9UR PRESENT, OR MOST RE~NT EMPLOYER, AND POSITION.
~/ ~ RF77 /Z~D
DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE
ON THIS BOARD. tJ/}€Je.. 30 YE.4~S A-5 A TEAcHEL A-iU/J SCh'c"L
/40/'1/.4)( S77l.A 77JR... (P~/A)e 1,tJ/'?-1... , . .1M C'~A/A.lc<::T7~uT_ SeRucD (J~
CJ,4IlJ>'s of EtJ n~N - rfJv r=:. -
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH
/3, .S , / J-t4. ~12 PM Ft:.",S JlJ.II) A- 'L D/~LdhA (~r;-/y~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN
THIS APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT
I MAY RECEIVE.
~~~~ - hi?, /f?d
C/ 0 E /
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'/:/ /...I ./~r~ -~~ !:? -'.-- .
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-f: ~~ RECEIVED
&;;-- f JIiIt 2 4 1992
/ (,) / /I()f/ / ~ CITy M~NAG .
/)~... /1 /1 '"7_/ . /' ,ERSOFFICE
~ /~ ~~ 337'94/
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-
CITY Of DELRAY BEACH
BOARD ~EMBER APPLICATION
~A."fE: KAHiY ANDERC:;ON --
509 ELDORADO LANE, DELRAY BEACH 33444
HOME ADDRESS (Street, CiCy, Zip Code) \LE~AL RESIDENCE)
N . A.
PRINCIPAL BliSI~ESS ADDRESS (Strne" City, Zip Code)
HOHE ~HONE 276-5498 BUSINESS PHONE
ON WHAT BOARDS ARE yOU I~TERESTED IN SERVING
EDUCATION
LIST ALL CITY BOARDS ON WHICH YOU ARE C~RRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please lncl~d. daces)
NONE
EDUCATIONAl QUALIFICATIONS
A.A. ELIZABETH SETON COLLEGE, YONKERS, N . Y .
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND ~tCENSES WHICH YOU HOLD
NONE
,
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION
HOUSEWIFE
:
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ACTIVE: PTA SPADY ELEMENTRY
VOLUNTEER 2 HRS. /WK. SPADY CLASSROOM
J
NEIGHBORHOOD YOUTH ACTIVITIES COORDINATOR
, TWO CHILDRED WENT FROM PRIVATE TO PUBLIC SCHOOL - AWARE OF
PLEAS! ATTACH A BlIEr RESUME. DIFFERENCES
I HEREBY CERTIFY tHAT AlL THE ABOVE STATEMENTS ME TRUE, AND [ AGREE A.'IO
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAl FACTS CONTAINED t~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I KAY REC~IVE.
'fr7.~~~~ JAN. 14. 19q/
SL<;NATUkE OATE
4/90
'.
.
TO: Anita Barba
f~O~1 : Kathy Anderson, Education 30arJ :--f e m t e r
~E: ~eappointment to the Education Board
DATE: June 18,1992
I found being on the Education Board for the City of Delray,
for the last six months, to be both enjoable and reliar::Hn; .
I If 0 U 1 d like to be reappointed to the Board so that I may
continue to serve as part of the strong, dynamic force
pushing for better education in Delray schools.
I will be outof town and miss the two meetings in August.
Thank-you
--ry'14-~f~~
".
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fy ~ < ?
, ....( '-'
CITY OF DELRAY 8EACH
BOARD ~EXBER APPLICATION
-
~A."fE
,-
, ~i'
~O~E ADDRESS
PRI~CIPAL aUSI~ESS ADDRESS (Screec, Cicy, Zip Code)
HO~E PHONE .2 t.lJ-ovo 7 Br.:SI~ESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
h(/(:A7/C?~ g~____v'~1 ~..t1f//~ ~"e;r13
,/ - , ,
i/
LIST ALL CITY BOARDS ON WICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
AhA/I:.
EDUCATIONAL QUALIFICATIONS #~i;' J2~:,,";7~. eft,.., ~ e,,~/ ~~,r
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
A/v # /!:-
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
DESCRIBE EXPERIENCES. SXILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~' O}9-~' ~-- avi(~
v /
C . ~ ~-- /~ .-' 7' ~ . -p -,~
'~"""'L...>.Lo>I_.-._ .W'..-..u. '. J 7-../ '~~~ 2 - J I
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PAl.T OF ANY APPOINTMENT I MAY RECEIVE.
AAI?"4. ~~;"~y t/ ? //0 ~
~ SIGNATURE , DATE
4/90
'.
-
9/20/91
l. Active in politics 1936, 1940, 1944 -Roosevelt
Campaign
2. Union organizer 1935-1939, wrote for
Federated Press
3. Civil Rights Activist, 1935- present
4. Camden, New Jersey Civil Rights Commission
1957-1959, Chairman 1958-1959
5. Lobby & Speakers Bureau, Co-Chairman for
National Maritime Union, periodically from
1940-1950
6. Business Commercial Designer 1950-1987
7. Presently teaching ceramics, handbuilding
with clay at various Palm Beach County
schools and South County Mental Health
Clinic
8. Commission watcher, Delray for Wood lake
Development, Member PROD
mar.txt
".
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM * 'i. P. - MEETING OF JULY 28. 1992
FISCAL YEAR 1992/93 PROPOSED BUDGET
DATE: July 24, 1992
At the time the agenda was completed staff was still preparing the
backup material for this item. It will be delivered to you on or
before Tuesday evenings meeting.
(j) 1?evieuJ 01 5C;~ (J;p;'11L :rm pt:DVEffJ&Jr p4JG,e/J1Y/ gttLJ6!€r
@ -;€/}k77us f{) // / /KjE.- .sf-v 4"'- 7.d?f
On lTlo71on Lj-o
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM * 9. ~ - MEETING OF JULY 28. 1992
INCREASE IN HEALTH INSURANCE PREMIUMS
DATE: July 24, 1992
Effective October 1, 1992, it will be necessary to increase the
employee and dependent rate for health insurance premiums in order to
balance the revenues with the expenses. The dependent rate will
increase by $6.00 per bi-weekly pay period and the employee rate will
increase by $5.67 per bi-weekly pay period.
Retirees will pay the same rate as active employees. The deductibles
and other terms of coverage will remain the same.
Recommend approval of an increase in the dependent and employee rate
for health insurance premiums effective October 1, 1992.
~ 3&1
{f!;;nooL.PJI I)ISSE/J71/)9)
,.
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Agenda Item No.:
AGENDA REQUEST
Date: 7-24-92
Request to be placed on'
X Regular Agenda Special Agenda Workshop Agenda
When: 7-28-92
Description of agenda item (who, what, where, how much):
Health insurance premium increases
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: c:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if appl icable) :
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: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,.
M E M 0 RAN DUM
TO: David Harden, City Manager .
/'
FROM: . \~L.,
Lee R. Graham, R1Sk Manager ~
DATE: July 24, 1992
SUBJECT: Health Insurance Premium Increase
Starting October 1, 1992, it will be necessary to increase the employee rate
and the dependent rate in order to balance the revenues with the expenses.
The dependent rate will increase by $6.00 per bi-weekly pay period ($13.00
per month) and the employee rate will increase by $ 5 . 67 per bi-weekly pay
period ($12.28 per month). The new rates:
Employee Dependents
$185.11 $260.50
Expense
Projected Claims $1,825,000
Administrative Fee 145,018
Aggregate stop Loss 14,750
Specific stop Loss 54,351
Managed Care-Claims Review 26,286
$2,065,405
Revenue
Employees, Retirees, COBRA 691 x 185.11 x 12 . $1,534,932
Dependent Units 183 x 260.50 x 12 . . . . 572,058
$2,106,990
This will be submitted to the City Commission at the July 28, 1992 meeting.
LRG/sm
..