09-22-92 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 22. 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 items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet pr ior 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
9/22/92
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. Child Care Aware Campaign - July through October, 1992.
B. Constitution Week - September 17 through 23, 1992.
C. Delray Beach Heritage Month - October 1992.
7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
/A. RESOLUTION NO. 105-92: A resolution recognizing City
Government Week, October 4 - 10, 1992, and encouraging all
citizens to support the celebration and corresponding activities.
~ ACCEPTANCE OF GRANT FUNDING: Accept a grant in the amount of
k,Q 25,000 from the Palm Beach County Sports Authority to help
~~ defray the City's expenses associated with the Virginia Slims
~ ~ Tennis Tournament; and authorize Mayor to execute the associated
\0 \ grant agreement.
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/ C. AGREEMENT WITH THE PALM BEACH SCHOOL BOARD: Approve an
agreement with the Palm Beach County School Board for
instructional services and development of vocational education
programs for City employees for the period July 31, 1992 through
June 30, 1993.
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City Commission
Regular Meeting
9/22/92
./QEACH~OMR~f8vJ1~Ty~lt~HDCl.i.~G~~~iuLW~ w,~ !if H~9~
Beach for assistance in law enforcement emergencies which cross
jurisdictional lines.
IT PR ERT . A resolution
uthorizing the purchase of certain real property located at 330
S.E. 3rd Avenue from Carteret Savings Bank for the Habitat for
Humanity program.
~. HOLO HARH~~~~ ~~R~EME~T: Approve a hold harmless agreement
~ ~O etween the City and Robert and Norma West with regard to the
~ construction of a wooden deck and fence which encroaches
partially into the City's utility easement.
J(G. SELECTION OF ADDITIONAL EMERGENCY CONTRACTOR: Approve the
selection of Ocean Bay Construction, Inc. as an additional
emergency contractor to supply rental equipment and construction
crews during emergency situations.
H. REOUEST FOR FINAL PAYMENT: Approve a request from RPM
J('construction Co., Inc. for final payment in the amount of
$10,265.43 for completion of the Pompey Park Pressbox project;
with funding from Community Development - Pompey Park
Improvements (Account No. 118-1962-554-60.20).
v{ . CHANGE ORDER NO. 3/REOUEST FOR FINAL PAYMENT: Approve a
change order in the amount of $13,860.40 to the contract with
Ric- Man International, Inc. for plus/minus as-built quantity
adjustments on the 16" Transmission and Subaqueous Crossing
project and approve final payment in the amount of $38,840.90;
with funding from 1991 Water and Sewer Revenue Bond - S.E. 1st
from U.S. 1 - Intracoastal Waterway (Account No.
447~5174-536-61.41).
~ PLANNING AND ZONING BOARD RECOMMENDATION: Endorse a Planning
and Zoning Board recommendation that the City oppose proposed
changes to the Broward County plan to extend the Uni versi ty
Parkway.
/K. RESOLUTION NO. 109-92: A resolution vacating and abandoning
a portion of N.W. 4th Street between N.W. 8th and 10th Avenues.
L. RESOLUTION NO. 101-92: A resolution assessing the cost for
vi abatement action necessary to remove nuisances on 22 properties
located within the City.
M. RESOLUTION NO. 102-92: A resolution assessing the costs for
~ abatement action necessary to demolish an unsafe structure on
property located at 414 S.W. 2nd Street.
vi N. RESOLUTION NO. 103-92: A resolution assessing the costs for
abatement action necessary to board up an unsafe structure on
property located at 138 S.W. 1st Avenue.
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City Commission
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9/22/92
-/0. THIS ITEM WAS REMOVED FROM THE AGENDA.
P. REOUEST TO HOLD A SPECIAL EVENT: Consider a request from the
/ Chamber of Commerce to hold the 5th Annual Harvest Festival on
November 14 and 15, 1992.
Q. RESOLUTION NO. 104-92: A resolution assessing the costs for
~abatement action necessary to remove junked or abandoned vehicles
from four properties located within the City.
~. AWARD OF BIpS AND CONTRAGTS:
JQ Fire/EMS Records System Software - Fire Department -
.L. Roarke in the amount of $17,000 with funding from Fire
Computer Equipment/Installation (Account No.
001-2311-522-60.57).
/2. Path Resurfacing and Construction - Municipal Golf
Course - Whiteside Construction, Inc. in the amount of
$69,140.50 with funding from Municipal Golf Course - Other
Improvements (Account No. 445-4761-572-63.90).
j 3. Landscape Maintenance - Atlantic Avenue Phases I and II
- Tare Landscaping in the amount of $14,465 with funding
from Beautification Trust Fund - Beautification Maintenance
Contracts (Account No. 119-4144-572-33.49).
j 4. Gravity Sewer System Modifications - Veteran's Park -
Dutch Construction Company, Inc. in the amount of $35,732
with funding from Water and Sewer Renewal and Replacement -
Lift Station Conversion to Submersible (Account No.
442-5178-536-61.83).
~~ Veteran's Park Redevelopment - Dutch Construction
ompany in the amount of $440,069 (includes Alternates 1, 2,
and 3), with funding from 1987 Utility Tax - Veteran's Park
(Account No. 333-4151-572-61.42), General Construction Fund
- Redevelopment Veteran's Park (Account No.
334-4126-572-61.63) and Decade of Excellence Bond Issue
(Account No. 225-4126-572-61.63).
(1:) Currie Commons Park Redevelopment and Miller Field
E pans ion - AGB Capital Properties, Inc. as follows:
~currie Commons Park - $312,200 with funding from 1987
Utility Tax - Currie Commons (Account No.
333-4151-572-61.41) and Decade of Excellence Bond Issue
- Redevelopment of Currie Commons Park (Account No.
225-4146-572-61.64).
~ Miller Field - $603,366 with funding from 1987 Utility
Tax - Miller Park (Account No. 333-4151-572-61.40) and
Decade of Excellence Bond Issue - Miller Field South 10
Acres (Account No. 225-4166-572-61.62) .
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City Commission
Regular Meeting
9/22/92
7. Hurricane Shutters - Public Works Complex - Wrono
Enterprises, Corp. in the amount of $23,998 with funding
from Environmental Services - Buildings (Account No.
001-3111-534-60.31) and Water and Sewer Fund - Buildings
(Account No. 441-5161-536-60.31).
8. Annual Bid Award - Fertilizer and Chemicals - Multiple
Awards to low responsive bidders as listed in the staff
report- in an estimated annual cost of $121,687 with funding
from Golf Course Gardening Supplies (Account No.
445-4714-572-52.26) and Parks Maintenance - Gardening
Supplies (Account No. 001-4131-572-52.26).
9. Regular Agenda:
/(]. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period September
8, 1992 through September 18, 1992.
/~ APPEAL OF A SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
onsider an appeal of a Site Plan Review and Appearance Board
decision with regard to the signage for Gold Coast Chiropractic
which is located in Delray Crossings. Staff recommends denial.
/' ~ PRESENTATION/SELECTION OF CONSULTING FIRM/SWINTON AVENUE:
resentations and discussion of this item to commence at 8: 00
P.M. or immediately following public comments, whichever is
later) Hear presentations, approve the ranking and authorize
staff to negotiate a contract for architeetural services for the
Swinton Avenue beautification project.
~L9) AWARD OF BID FOR THE TENNIS CENTER/STADIUM PROJECT: Consider
awarding the bid for construction of the Tennis Center/Stadium
Project.
~~. LICENSE AGREEMENT/HIGHBRIDGE ASSOCIATES AND COASTAL PARTNERS
LIMITED: Consider approving a license agreement with Highbridge
Associates and Coastal Partners Limited for the use of a portion
of Canal Street, adjacent to Brandy1s Waterside Restaurant, to
provide for a boat dock and associated improvements.
~~ SUBMISSION REOUIREMENTS/WATERFORD SAD: Consider an appeal of
a Planning and Zoning Board decision with regard to the rezoning
application for the Waterford S.A.D.
v1~ THIS ITEM WAS REMOVED FROM THE AGENDA.
~ a~REEMENT WITa PALM BE~Ca CQ2HIY/BEACa REWQ2RI~HM~HI ~~~CT,
prove an interlocal agreement with Palm Beach County which
provides the mechanism for the contribution of funds appropriated
by the County for Fiscal Year 1992/93 to the shore protection
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City Com~ission
Regular Meeting
9/22/92
(beach renourishment) project proposed by the City. City Manager
recommends approval.
~ AMENDMENT NO. 4 TO THE AGREEMENT WITH WASTE MANAGEMENT:
~pprove Amendment No. 4 to the agreement with Waste Management
which institutes the "green route" for the separate collection of
vegetative materials, updates the rates and charges for services,
and eliminates the need for further amendments to reflect future
rate changes. City Manager recommends approval.
,-~ STANDARD LICENSE AGREEMENT/BOAT DOCKING: Approve a standard
~cense agreement and authorize the City Manager to approve said
agreements to permit temporary boat docking at Veteran's Park.
f;) APPROVAL OF LINE OF CREDIT/SUN BANK: Approve a Line of
~edit in the amount of $5,350,000 from Sun Bank to finance the
Tennis Stadium/Facility and Beach Renourishment project. City
Manager recommends approval.
J (i;> CHANGE ORDER NO. 8/ELKINS CONSTRUCTORS. INC.: Approve a
~ange order in the amount of $32,059.49 for miscellaneous
changes required in conjunction with the Water Treatment Plant
Lime Softening Conversion project; with funding from 1991 Water
and Sewer Revenue Bond Construction - Buildings (Account No.
447-5164-536-60.31). City Manager recommends approval.
~ SERVICE AUTHORIZATION NO. 11/HAZEN AND SAWYER. P.C.: Approve
a service authorization in the amount of $35,000 to the contract
with Hazen and Sawyer, P.C. for engineering services necessary to
complete the City's National Pollutant Discharge Elimination
System Part 2, permit application; with funding from Storm Water
Utility Fund - Consulting (Account No. 448-5411-538-33.15). City
Manager recommends approval.
vI(~ SETTLEMENT OFFER: Consider an offer of settlement in the
~escott vs. the City of Delray Beach litigation.
~@. APPOINTMENT TO 'THE BOARD OF CONSTRUCTION APPEALS: Appoint a
m ber to the vacant architect position on the Board of
onstruction Appeals to a term ending August 31, 1993.
)'. DISCUSSION REGARDING PUBLIC SCHOOLS IN DELRAY BEACH: Dr.
Alperin to lead discussion on this item.
<}. SCHEDULING OF AN IMPASSE RESOLUTION HEARING: Consider
vlselecting a date to hold an impasse resolution hearing on the
}' ty' s collective bargaining agreement with the International
otherhood of Firefighters and Oilers.
. SETTLEMENT OFFER: Consider an offer from Verna Cook in the
Amount of $100,000 to settle pending litigation against the City.
ity Attorney recommends denial.
.:58E. {tDDElJCXUTl rofl!.- 9. S or 9. T.
10. Public Hearings:
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City Commission
Regular Meeting
9/22/92
~. RESOLUTION NO. 106-92: A Resolution to levy a tax on all
properties wi thin the Ci ty of Delray Beach. Ci ty Manager
recommends approval.
4. RESOLUTIQN NO. 107-92 , A resolution to levy a tax on all
roperties within the Downtown Development Authority Taxing
District. City Manager recommends approval.
~ B~SQLYTION NO. IOa-2.; A Resolution making
propriations of sums of money for all necessary expenditures
of the City from October 1, 1992 to September 30, 1993. City
~nager recommends approval.
D ORDINANCE NO. 32-92: An ordinance amending Chapter 52 of the
de of Ordinances to provide for a decrease in the customer and
capacity charges, for both residential and nonresidential water
customers, both inside and outside the City, and to increase the
commodity charges per 1,000 gallons of water consumption; and
amending Subsection 2.4.3 (K)(5)(a) of the Land Development
Regulations to provide for the correct code reference. City
Manager recommends approval. .
vI~ ORDINANCE NO. 33-92, An ordinance amending Chapter 54 of ths
. de of Ordinances to provide for an increase in the capacity and
commodity charges, for both residential and nonresidential/
commercial sewer customers, both inside and outside the City, and
to decrease said residential and nonresidential/commercial sewer
customer charge; and amending Section 2.4.3 (K) (5) (c) of the Land
Development Regulations to provide for the correct Code
reference. City Manager recommends approval.
cJ).ORDINANCE NO. 43-92: An Ordinance amending Chapter 51 of
the Code of Ordinances to provide for increased garage and trash
service charges and fees for residential service and commercial
service; to provide for an increase in the fee for residential
customer recycling service; and to provide for fees for separate
vegetation collection service. City Manager recommends approval.
~ ORDINANCE NO. 44-92: An ordinance amending Chapter 50 of the
ode of Ordinances to provide for an increase in the public
service tax on the purchase of electricity from 8.5% to 9.5%; and
providing for an exemption to residential users only in the
amount of 90 kilowatt hours. City Manager recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
j B. From the Public.
12. First Readings:
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City Commission
Regular Meeting
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A. ORDINANCE NO. 47-92: An ordinance amending the Land
Development Regulations with regard to modification of the SAD
extension provisions to accommodate the Marina Cay SAD. If
passed public hearing October 13th.
B. ORDINANCE NO. 49-92: An ordinance amending the Future Land
Use Map from Recreation and Open Space to Commercial Core for a
portion of the Veteran's Park parking lot. If passed public
hearing October 13th.
C. ORDINANCE NO. 50-92: An ordinance rezoning a portion of the
Veteran's Park parking lot property from CF (Community
Facilities) district to CBD (Central Business District) . If
passed public hearing October 13th.
D. ORDINANCE NO. 46-92: An ordinance rezoning a portion of the
Linton International Plaza property in conjunction with the
establishment of a Checkers Restaurant from PC (Planned
Com~ercial) to GC (General Commercial). If passed public hearing
October 13th.
E. ORDINANCE NO. 45-92: An ordinance rezoning and placing land
presently zoned RM (Multiple Family Residential) district in
R-1AA (Single Family Residential) districtj said land being all
of the plat of Simmons Cay located on the west side of State Road
A-1-A, just south of Vista Del Mar Drive. If passed public
hearing October 13th.
F. ORDINANCE NO. 48-92: An ordinance amending the Land
Development Regulations by amending Section 4.4.15 "Planned
Office Center (POC) District", Subsection (G) , "Supplemental
District Regulations", to provide that the first ten feet of the
front yard setback adjacent to a right-of-way shall be a
landscape area. If passed public hearing October 13th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 22. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
S. AGREEMENT WITH PALM BEACH COUNTY: Consider an agreement with
Palm Beach County for the development of a wellfield at Morikami
Park.
T. CITY ATTORNEY'S OFFICE BUDGET: Approve expenditure budget
and authorize the City Manager to identify a funding source td
supplement the City Attorney's Office budget for Fiscal YeaJr
1991/92 in order to cover outside counsel and other professional
services expenses.
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CITY DF OELRRY BER[H -
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I PROCLA,lL4 TIO!\
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WHEREAS, the future of Delray Beach, Palm Beach County,
the State of Florida, and the Nation, depends on the well-being
and development of today's children; and,
WHEREAS, Child Care Resource & Referral, Inc. is a
major source of child care information, technical assistance and
training to the public and providers and potential providers of
child care services; and,
WHEREAS, Child Care Resource & Referral, Inc. was
recently selected to participate in a $10 million, seven year
campaign to upgrade the qualify of child care in communities
nationwide; and,
WHEREAS, Target Stores and the Dayton Hudson Foundation
have entered into a partnership with Child Care Resource &
Referral, Inc. to carry out the Family-to-Family Initiative by
providing training and accreditation support for family child
care providers and the Public Awareness Campaign, "Child Care
Aware" ,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the period July,
1992, through December, 1992, as
"CHILD CARE AWARE CAMPAIGN OF PALM BEACH COUNTY"
and urge all citizens to support these efforts toward the goal of
quality child care for all of our children.
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 22nd day of September, 1992.
THOMAS E. LYNCH
MAYOR
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PROCLAMA TION
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WHEREAS, from its pioneering days Delray Beach has
attracted a variety of ethnic groups who have helped to shape our
City; and,
WHEREAS, to recognize the growing imprint of Delray
Beach's ethnic diversity on our historic environments and way of
life; and,
WHEREAS, historic preservation in our community is
enhanced by embracing the vitality of diverse people and
cultures; and,
WHEREAS, in order to foster appreciation of cultural
diversity, Delray Beach celebrates Heritage Month; and,
WHEREAS, "Heritage Month . . . . a community responds to
its cultural diversity" is of special interest to the citizens of
Delray Beach,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the month of
October, 1992, as
"HERITAGE MONTH ... . a community responds
to its cultural diversity"
in the City of Delray Beach and urge all citizens to join in the
celebration of the historical and cultural heritage our City so
enjoys.
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 22nd day of September, 1992 .
MAY 0 R
THOMAS E. LYNCH
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. H~RDEN, CITY MANAGER
~ e~J~~uc5i
THRU: DA ID . K V CS, IRECTOR
DEPARTMENT OF PLANNING AND ZONING
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FROM: PAT CA , HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF SEPTEMBER 22, 1992
PROCLAMATION TO DESIGNATE OCTOBER 1992 DELRAY
BEACH HERITAGE MONTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is to proclaim
the month of October, 1992 "Delray Beach Heritage Month".
BACKGROUND:
Heritage Month is sponsored by the following organizations:
The CRA
Old School Square
The Delray Beach Historical Society
The Historic Preservation Board
The Chamber of Commerce
Events leading to the formation Heritage Month are
described below:
The National Trust for Historic Preservation is holding its
annual meeting in Miami on October 7-11, 1992. The theme of
this year's conference is "MULTI-CULTURALISM". Because of
Delray's unique cultural mix, Frances Bourque Chairman of
Old School Square, submitted a proposal to the Trust
requesting that Delray Beach be included in one of its
mobile workshops. The proposal was accepted; the Trust's
workshop will be in Delray on October 10, 1992. At a
preliminary workshop planning secession John Johnson,
Director of Historic Palm Beach County Preservation Board,
pointed out that several events were already scheduled in
the City during the month of October, and suggested that
Delray should acknowledge its own multi-cultural heritage by
expanding on the previously planned activities. The Trust's
tour would then become a part of the month's celebration,
rather than an event which would benefit only the Trust
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City Commission Documentation
Request for Proclamation
Page 2
participants. This plan was enthusiastically endorsed by
the ad hoc committee. Michael Weiner and Clay Wideman agreed
to be the co-chairmen. The P~oclamation will be read at a
reception at Old School Square on October 7, 1992. Attached
is the schedule of events for the Delray Beach Heritage
Month.
PROCLAMATION
WHEREAS, From its pioneering days Delray Beach has
attracted a variety of ethnic groups who have helped to
shape our City, and;
WHEREAS, To recognize the growing imprint of
Delray Beach's ethnic diversity on our historic environments
and way of life, and; .
WHEREAS, Historic preservation in our community is
enhanced by embracing the vitality of diverse people and
cultures, and;
WHEREAS, In order to foster appreciation of
cultural diversity, Delray Beach celebrates Heritage Month,
and;
WHEREAS, "Heritage Month. ....a community responds
to its cultural diversity" is of special interest to the
citizens of Delray Beach,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, do hereby proclaim the month
of October, 1992, as
"HERITAGE MONTH.....a community responds
to its cultural diversity"
in the City of Delray Beach and urge all citizens to join in
the celebration of the historical and cultural heritage our
City so enjoys.
RECOMMENDED ACTION:
Request the City clerk to prepare the proclamation; and
recommend that the Commission proclaim October 1992, "Delray
Beach Heritage Month".
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Heritage ~,1onth
...a cornmuni~../ responds to its cultural diversity
Oct. 1 ~;t - 14th Serninole Pe.inting Exhibition
The Cornell tv1useurn at Old School
Square Cultural Arts Center
.A.tlantic 8. S\ovinton Avenues
Hours: Tuesday - Saturdi9.Y 11 ern - 4 pm,
Sunday 1 prn - 4 prn
Contact: Debra Aderns/Old School
Square 407/243-7922
Oct. 1 st - 31 st Photographic Exhibition of Yamato
Pioneering Colony
Sponsored by the tv1orikatl1i ~.Auseurn and
.Japanese Gardens
\/\lindov...' exhibit of Japanese fanning
colony started in 1 904
208 Ea.st .A.tlantic .A.\lenue
Conta.ct: Linda Fleet.Nood/Comtl1unity
Rede\/eloprnent ,A.gency 407/276-8G40
Oct 1 st - 31 st Affordable Housing Competition
Sponsored by the Cornrnunity
RedeveJoprnent Agency
'v,\lindo\.v exhibition of aVy'ard vv'inners
210 East Atlantic Avenue
Contact: Christopher 8rown/Cornrnuni~l
R.edeveloprnent .A.1;Jency 407/276-8640
Oct. 1 st - 31 st South Florida Museum of African
American Heritage
Exhibition of conternpora.ry \^lorks in all
rnediurns
201 East .A.tlantic ,A,venue
Contact: Sam ~.l1cGhee 407/392-0387
Oct. 1 st - 31 st African Dolls in History
V...,.'indo\ov exhibition sponsored by the
t'.Ainori1y Cultural Consortiurn
213 Eest .A.tlantic ,A,\lenU8
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Contact: Rosalind ~.Aurray 407/495-4431
Oct. 1 st- 31 st Art Deco Society of the Palm Beaches
Photo';'1raphic e~w;:hibit of Palrn Beach
County.. Deco buildings
816 East .A.tlanticAvenue, The Boyd
Buildin';'l
Contact: Sharon Koskoff/A.DSPB 407/276-
9925
Oct. 1 st - /',Jov. 16th Corporate Art Exhibition
The Cornell ~./1useurn at Old School
Square Cultural .A.rts Center, Studio East
,A.,tlantic 8. SV..dnton .A.\lenLJeS
Hours: Tuesday - Saturday 11 arn - 4 pm,
Sunday 1 pnl- 4 prn
Contad: Debra .A.darrlslOld School
Square 407/243-7922
Oct. 2nd - 3rd 2nd Annual Delray Beach Expo
Sponsored by the Greater Delrey Beach
Charnber of Corflr-nerce, Delray Beach
tv1alL the Pe.lrn Beach Post ~~ Vv'DBF 1420
AM
Enjoy the entertainrnent as you see the
latest in products and set'.,1ices.
Delrey Beach tv1all
Linton & Federal Hi';'lh\N'a.y
Friday 1 I) arn - 9 prn Saturday 1 0 ern - 5
prn
Contect: Kathy A';'luirre/Charnber of
Cornrnerce 407/278-0424
o d. 3 rd American Heart Walk
To benefit the .A,rnerican Heart
.A.ssociation
Refreshrrlents for '1.1"lalkers and prizes
8\"Iarded based on pledges raised. .A.lso
serving as Red Cross Hurricane Relief
Collection Post - canned goods only,
please.
".
Delray Beach ~Aall
Linton 8. Federa.l High'././ay
Registration Sti:3.rtS at 8 am
Return 5pproxirnately 12 noon
Canted: Lynn ~,AcLe.rtYl.A.rnerican Heart
.A.s'soc. 407l394-01 70
Oct. 7th Heritage Month Photography
Exhibition
Spons'Jred by the Delray Beach
Historical Society e.nd The Cornell
~Auseurn at CHd School Square
Exhibition & reception at Ca.son Cottage
and Old School Square Gy,'mnasiurn.
including rnay'oral proclarnetion of
He ri tE\.I;] e t'.A 0 nth.
Cason Cottage 5 N.E. 1 st Street
Reception 5 pm - 8 pm
Contact Dottie Pattersonl Historical
Society 407/243-0223 or Debra
,A.dams/Old School Square 407/243-7922
Oct. 10th National Trust for Historic
Preservation
Tour l;Jroup arranged in conjunction vvith
the National Trust's e.nnual conference
, 2:30 prfl - 5:30 prn, departs frorn tv1ierni,
FI.
Contact: National Tru::;t 1-800-937-6847
Oct. 10th Work & Play Thru the Last T\NO
Centuries
Spon~3ored by Clay & Hy's
Demonstrations of va.rious daily activities
from soap rnakin';j to rope jUrl1ping
Center of the block bet'."",'een S.\vV. -4th and
5th .A:v'enues on V\,.'est .A,tlantic ,A.venue
'2 noon - 4 pn1
'.
Contact: Clay \^lideman/His & Hers
407/27G-4915
Oct. 10th Fushuu Nippon Oaiko Honzoukai
.Je.panese Drurnrners
Sponsored b~l Heritage tv10nth
Courthouse steps, bet>Neen S.'vV. 1 st 8.
2nd Avenues on VVest .A.tlantic .A\/enue
Starts et 2 prn, bring your la\IVn chairs and
blankets
Co n ti5.Ct: Li n d E1 FI e etyvo 0 d/eo rn rn u n i't'y'
R.ede\/eloprnent .A.'~ency 407/276-8640
Oct. 10th Oluferui II
Traditional A.frican Dance
Sponsored by the ~Ainority Cultural
Consortiurn
Courthouse steps, bet.Neen S.'vV. 1 st &
2nd .A.venues on V'';est A.tlantic .A...../enu8
2:45 pm - 3:15 pm
Contact Rosalind ~....1urray 407/495-4431
Oct. 10th Haitian Dance Troupe
Sponsored by the tv1inority Cultural
Co n S 0 rti I.J rn
Courthouse steps, bet\tveen S.'vV. 1 st &
2nd Avenues on "Vest Atlantic .A.venue
3:30 prn - 4 prn
C':tntact: Rosalind tv1urray 407/495-4431
Oct. 10th Gospel Marathon
Sound equipn1ent sponsored by ~'/1isty Ki
Band
Executive ~Aall and VVorthing Park 110
East A.tle.ntic .A.venue
12:30 pen - 5:45 pm, bring your la\^In chairs
and blankets
Highli,;}hts include:
...1.8. Jones 8. Daughters
t:tarethB Penn & Louise Ivlartin
12:30 prn -, :00 pm
'.
.
St. F~etlJl A.tvf.E )/oung ,4du!t (~hoir
tinder the direction olRev Allen E [Iff
1 :00 pm -1 :45 prn
St. Pau! Baptist C~hoir #1
1 :45 prn - 2:30 pm
C:reBtion
Steven BBnks:Eric Akers: Alonzo Bel/arr'!}.'
& Larry s,...7Etrks
2:30 prn - 3:15
C;ospel Duet
Karen D8.ughtl).... 8. Robert f\lel;~,1on
3:15 prn - 3:45 prn
!"./ational r...:hurd1 o{ L"1od )/oLJth L:hoir
3:45 pm - 4:30 prn
(lospel Soloist ,X:avier f....j'Ccmnor
4:30 prn - 5:00 prn
Seventh Da.y'Advent ("""':hoir
5:00 prn - 5:45 prn
Co ntact: Li n d a. FI e et.NO Cl d/Co rn rn IJ n i1y
Redeveloprnent A.gency 407/276-8640
Od.17th Pineapple Grove Way & Art in Public
Places Dedication
Sponsored by the City of Delray Beach
.A.rt and entertainrnent on N.E. 2nd
.A.\lenUe, be~Neen r'..l.E. 2nd & 4th Streets
Dedication 12 noon - 12:30 prn by t'.,1a>,,'or
Thornes E. Lynch B.nd Cit'.1
Co rn rn is s ion e rs
Street festival frorn 12 noon - 4 prn
Contact: Nano.! KinglCit'.:l of Oelray Beach
407/243-7009
Oct. 17th Street Justice
.Jamaican reggae. calypso and soca
Sponsored by Heritage t'y1onth
,.
.
Corner f".J.E. 2nd .A.\/enue & N.E. 1 st Street
12 noon - 4 prn, brin,;.l ~/our la'Nn chairs &
blankets
Contact Linda Fie et'A"O 0 d/Con"lrn unity
Redevelopment A.gency 407,1276-8640
Oct. 17th Native An1erican History
Courthouse steps, bet'Neen 8.V'I'. 1 st &
2nd .A.\/enues on 'lv'est .A.tlantic A.venue
2 prn - 3 prn, brin'~t your lav'I'n chairs and
ble.nkets.
Highlights include:
Historian/Lecturer
Jirn Hancock speaker
2 prn - 2:30 prn
Hitchiti Dance Team
Traditional t"/ative ,A,rnerican Dance
2:30 prn - 3 prn
Contac-t: Linda Fleet...vood/Cornn-Iunity
Rede'v'eloprnent .A.gency 407/276-8640
Od. 22nd Art & Jazz on the Avenue
Sponsored by the Con"lrnuni1)."
Re d e\le lop rn e nt A.g e n 0.1, DO'/vnto'Nn
Developrnent A.uth0 rity.. .A.tlantic Avenue
Association/Greater Delray Beach
Charnber of Cornn"lerce and the
rnerchants of .A.tlantic .A.venue.
.A.tlantic A.venue carnes alive at night 'Nith
trolleys running frorn f'-.t.Vv'. 4th Street to
.A.1A ce.rry'ing passenger:; to a variety of
events including rnuseurn exhibitions, art
gallery' openings, ""vine tastings,
dernonstrations and lectures, "Nith the
sounds of the blues, classical, je.zz,
reggae e.nd rap fillinl;} the street. V./e
suggest )/ou book ~/our fa:v'orite restaurant
in adve.n ce!
Thursday night frorn 5 prn - 12 rnidnight
,..",
.
Contact: Linda Fleet'J\o'ood/Comrnunit.i
DeveloptYlent .A.I;Jenc";/ 407/276-8640
C)c't. 23rd 5th Annual Golf Classic
Delre.y Beach Golf Club 8. Restaurant
2200 Highland A.venue
Start:3 e.t 11 : 4 5 ern
Four person scrarnble for ladies &
I~entlernen.
$60.00 per player, lunch included.
To benefit the Greater Delray Beach
Che.rnber of Cornrnerce.
Conte.ct: Barbara FosterjCharnber of
Cornrnerce 407/278-0424
Oct. 23rd Evening on the Rambling Rose
Dining ~"< dancing to the rhythtYl of
keyboardist Don Taylor aboard the
Reullbling R.ose Riverboat.
Leaves 6 pm, N.E. corner of .A,tlantic
.A.venue and the Intercoastal
.A.dvance reserv'ations only. To benefit
the Delrey Beach Historical Society.
Contact Dottie Patterson/Historical
Society 407/243-0223
Oct. 24th Kidsfest III
Sponsored b~/ the Delre.y Beach Parks .3. .
R.ecree.tion Departrnent
On the front lav\'TI::; of The Cornell tv1u~;eurn
at Old School Square, located at the
intersection of .A.tla.ntic e.nd S\.vinton
.A.venues
10 at......1 - 4 prn FREE
Contac1: Parnela Post/Parks B.
R.eereation Depe.rtrnent 407/243-7256
Od. 24th Re-Cycling Old Delray
.A. Bioycle Tour of 100 ''('ears of
.A.rch ite ctu re
, .
Guide and sponsor Clernrner tvtayhe'tN III
e. 35 year resident '
Departs from Sundy House, 106 South
S\'\linton .A.venue
1 0 anl - 1 2: 3 0 pm
E.njoyan entertaining mix of architecturel
history' and local gossip. Tour Delray
Be"O.~h' ~ iOUT ht~\or;co.\ d;~\T;C.-\~, ;nc\ucl;ng
the ilT~\ ever tOUT oi \he Cerne\er....'. ...../;e'l"..
'ni~\OTic re-:::';1:.'e1"tt.;o.\ ;rn.eT;oT~ o.nd -he'O.T
-about the orchitects, influencea frorn
hltizner \0 t.Aoderni~n'l, inducing Ogren,
~'l1ao:3s, '''/olk ond Rudolph. \/iait Lost
Delray, 'Nhere prorninent buildings once
stood and ha.ve since been dernolished.
Lirnited to 40 pa.rticipants. Reservations
required. Bic:y'c1ists only. No
rollerblo.des, skoteboords or skotes,
pleel.s8.
$10.00 per person. .A.II proceeds to
benefit the Delra~./ Beach Historical
Sode~. .
Contact: Linda Fleet'oNood/Cornn-lunlt'.1
Redeveloprnent .A.gency 407/276-8640
Oc1.24th A.V.D.A. Art Sale
All ~:m::l\:::p'p'~j::;; tA i::4~np.m AI~i 1A ".,'l~:tlm~ Af
t::\ornestlc Assault
l"lId ScrJclctl SqLJs.t"1i! Gyrr-JrJfu=dlJrn
5 .t:'ll".(J - 9 prn
c.. ~~t~lt~~:t. ~t~u~.n)l.Ar.li-.r~.r~cLn ~'A 'V".L"'1.A
407/265-2900
.
Oct. 29th - 31 st Hallo"veen Fall Festival & Side'walk
8ale
SponS'ored by' t.he .A.tlo.ntic .A.v-enue
.A.ssCtciation/Greater Delroy Beach
Chamber of Cornrnerce.
.A.cti",'ities from S\.vinton and .A.tlentic
.A.\lenUeS east to .A.l.A..
,...
.
Children need to check in at the Chamber
offices, 64 S.E. 5th .A.\/enue, before joining
the cornpetition.
.A.ctivities include:
Children's' HEtllctlNeen \"\"Jj)dOl'Y' PEtinting
L~ntest
3 prn - 5 prn, Oct 29th & 30th
Painting (~ontes-t Judging
3 prn - 5 prn, Oct. 31 st
FEtIl Fest/vet! Side!.va/k Sale
9 am - 5 pnl, Oct. 30th
9 am - 4 pm, Oct. 31 st
Contact: Barbara FosterlCharnber of
Co rn rn e r ce 407/278-0424
Oct. 31 st Childrenls Halloween Parade
Sponsored by the Noontirne K.ia"Nanis
Club
On the grounds of the Cornell t..,.fuseurn at
Old School Sque.re~ located e.t the
intersection of A.tlantic end S'Ninton
A.venues
10 e.rn - 4 prn FREE
.A.ctivities include:
Face Painting 8. Trick or Treat Sack Art
1 0 anl - 1 2 noon
Trick or Treating Do~yn Atlantic Avenue
Frorn the grounds at Old School Square
to \leterB.n's Park
12 noon - 1 :30 prn
Face Painting./t-:os.tulne .../ue/gir/l;1
'veteran's Pe.rk at the NE corner of Atle.ntic
A\lenlJe & the Intercoastal
1 :30 prn - 2 prn
HallolJlJ'een Parade
Frorn './eterEln's Pe.rk be.ek to the ';}rounds
at Old School Square
'.
2 prn - 2:30 prn
Face F'ainting 8. Trick or Treat Sack Art
2:30 prn - 4 prn
R.ernernber to corne in co:;:;turne. FPtEE
/ce crearo lor the kids-/
Contact: \/ince Canning Jr. 407/276-6570
or Ken ....Iones 407/274-8808
Oct. 31 st Perfect Harmony/Peach Umbrella 4th
An n u al Festival
Presented by the Peach Un1brella Plet:~a
.A.ssociation
Sho\Ncasing our tl1ulti-cultural con1rnunity
through .A.frican.Gerrnan, Jan1aican.
Japanese. ~.l1e;(ican and Southern food.
crafts 8. entertainment. Entertainrnent
includes big banctblues. country & .
\Nestern, jazz, regl;]ae, arnateur talent
sho'I.'v and fashion ShO'lN. Children's play
area provided.
Located on the 300 8< 400 blocks on Vv'est
.A,t1 anti c .A.\le n u e
8:30 ern - 6 prn FREE
Contact: Charlotte Durante 407/265-0200
Oct 31 st Southern Handcrafts Society SaJe
Located in the courtyard and parking lot of
.A.tlantic Plaza. 777 Atlantic A\lenUe
Contact Renee Rand/Galleria .A.lexencler
407/2~35-1 066
Sponsors
.A.tlantic Ple.za
Cit-y' of Delray Beach Parks & R.ecreation
Comrnunity Redeveloprnent .A.gency
Oel'.Jiro R.eal1y
Ho.bite.t for Hurne.nit-y
'.
.
.
Ocee.n City He.rd\^lore
Pinee.pple Grove ,A.ssociation
Special Thanks To
Ste\/en Banks
Shirley & Leona.rei Bry'ant
Shako Brovlin
Bob Doelker
....I.B. Jones
Lou ~',Jatelli
Cados Sullivan
Heritage Month Committee
Fre.nees Bourque, f'.Jational Trust for
Historic Preservation Board
Christine Bull, Historic Preserv'ation Board
Zite. CaeL .A,rchives Librarian, Florida
.A,tlantic Universit:;/
Pat Cayce, Historic Preservation Planner
Fred Dies, Srnall Business Cornrnittes
Ch ai rrn an
Linda Flee~,lvood, Heritage tv10nth
Coordinator
Barbara Gellner, Chairnlan Historical
Society
Joe Gilley, Diredor Old School SqUi~re
Pat Healy-Golernbe, Historic
Preservation Board
John P. Johnson, Director Historic Palrn
Beach County Preserv'ation Board
Dale ~'l1orrison, Treasurer
Lou .Jensen, Sund:v' House ,A.ntiques &
Tea F:.oorn
Dottie Pi~tterson, Historical Society'
Randi Tompkins, Lel~al
t',...1ichael \/',/einer, Co-Chairman
Cl ay 'vVi d 8 m B.n, Co-eh ai rrn an
'.
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: vi) CITY MANAGER
SUBJECT: AGENDA ITEM i ~R - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 105-92
DATE: September 18, 1992
This is a resolution recognizing City Government Week, October 4 - 10,
1992, and encouraging all citizens to support the celebration and
corresponding activities.
Florida City Government week is a week set aside yearly by the Florida
League of Cities as a special time to recognize the important role
played by city government in our lives. And, most importantly, this
week is a time to spread the word to all citizens of Florida that they
are an integral part of the government which is closest to the people.
This year's theme: "My Ci ty. . . I'm Part of It... I'm Proud of It",
embraces the belief that all Floridians can shape and influence their
city government. It is hoped that Floridians will think seriously
about active citizenship and their possible role in city government.
We will be promoting this week and the theme by participating in the
Chamber of Commerce's Expo on October 2nd and 3rd at the Delray Mall.
Staff will have three ( 3 ) booths at the Expo, representing General
Government, Police and Fire. Additionally, we will be conducting
another Student in Government Day, which is tentatively scheduled for
October 21, 1992.
Recommend approval of Resolution No. 105-92.
'.
.
- .
RESOLUTION NO. 105-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY'BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT
WEEK, OCTOBER 4-10, 1992, AND ENCOURAGING ALL CITIZENS
TO SUPPORT THE CELEBRATION AND CORRESPONDING
ACTIVITIES.
WHEREAS, city government is the government closest to most
citizens, and the one with the most direct daily impact upon its
residents: and,
WHEREAS, city government is administered for and by its
citizens, and is dependent upon public commitment to and understanding
of its many responsibilities; and,
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public services ahd
their benefits; and,
WHEREAS, Florida City Government Week is a very important time
to recognize the important role played by city government in our lives;
and,
WHEREAS, this week offers an important opportunity to spread
the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the people; and,
WHEREAS, the Governor and Cabinet of the State of Florida have
set aside this week to recognize and honor the efforts of city
governments,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of De1ray Beach does encourage all
citizens, city government officials and employees to do everything
possible to ensure that this week is recognized and celebrated
accordingly.
Section 2. That the City of Delray Beach does encourage
educational partnerships between city government and schools.
Section 3. That the City of Delray Beach does support and
encourage all city governments to actively promote and sponsor "Florida
City Government Week".
PASSED AND ADOPTED in regular session on this the 22nd day of
September, 1992.
MAY 0 R
ATTEST:
City Clerk
.
'.
.
, -
MY CITY --
I'm Part of It
I'm Proud of It!
Florida City Government Week
October 4-10, 1992
-------_.~.
Florida City Government Week--a very~~ time to recognize the
important role played by city government in our lives. And, most
importantly, this week is a time to spread the word to all citizens
of Florida that they are an integral part of the government which
is closest to the people.
This year's theme: My City... I'm Part of It... I'm Proud of It J
embraces the belief that all Floridians can shape and influence
their city government. It is hoped that Floridians will think
seriously about active citizenship and their possible role in city
government,;.. __________ ________ _ J
To help you prepare to celebrate Florida City Government Week, this
packet contains a sample resolution, a sample news release, ad
slicks, a listing of suggested ways to celebrate the week (some of
which can be ongoing activities), and Media & PR "Tips." In
planning your city's celebration of Florida City Government Week,
be sure to keep the League informed. Sharon Berrian of the League
staff is available to answer questions and to offer
recommendations. Please send her copies of resolutions, public
relations materials and information on your activities, as these
ideas may be used in future League publications. They will also be
compiled and shared for future celebrations. A summary sheet is
enclosed to assist you in reporting on your city's activities.
Florida City Government Week is an annual event during the second
week in October.
Florida City Government Week contact:
Sharon Berrian, Director of Public Information
Florida League of Cities
Post Office Box 1757
Tallahassee, FL 32302-1757
(904) 222-9684
Suncom 278-5331
- --.. ----
'.
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~ B - MEETING OF SEPTEMBER 22. 1992
ACCEPTANCE OF GRANT FUNDING/PALM BEACH COUNTY SPORTS
AUTHORITY
DATE: September 18, 1992
This item is before you to accept grant funding in the amount of
$25,000 from the Palm Beach County Sports Authority to help defray
City expenses associated with the Virginia Slims Tennis Tournament.
As a part of the grant agreement, the Sports Authority is requesting
that the City do an impact study following the tournament to determine
the economic impact of the event of the community. It is estimated
that the study will cost approximately $1,500 to $1,800.
Additionally, the Commission is asked to execute the grant agreement.
The City Attorney's office is currently reviewing the agreement. A
verbal report will be given at Tuesday evening's meeting.
Recommend acceptance of grant funding in the amount of $25,000 for the
Palm Beach County Sports Authority and execute the grant agreement.
&mwuL Ifam ~
f)~ & /o/I.:3/9d-
'.
.
.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Doug Randolph ~.~ '
Grants/Training Coordinator
THRU: Edward J. Gusty ~~~.
Human Resources Director
DATE: September 14, 1992
SUBJECT: REQUEST CITY COMMISSION APPROVAL TO ACCEPT A $25,000 GRANT
AWARD FROM THE PALM BEACH COUNTY SPORTS AUTHORITY FOR THE
VIRGINIA SLIMS OF FLORIDA TENNIS TOURNAMENT.
As per the attached letter from the Palm Beach County Sports Authority,
we have been approved for a grant in the amount of $25,000 to help
defray City expenses related to the Virginia Slims Tennis Tournament.
This action was also approved at the September 10th. meeting of the
Board of the Tourist Development Council.
The Sports Authority is preparing the grant agreement with input from
our Attorney's Office and Liddun International. It is anticipated that
we will have this agreement by Friday, September 18, 1992. Once this
document is approved and signed it will be returned to the Sports
Authority and presented to the Board of County COJIDDissioners for
approval.
It has been requested that we return the agreement to the Sports
Authority as soon as possible so that it can be included on the agenda
at the November 24, 1992 Board of County COJIDDissioners meeting.
With the above in mind, I am requesting that this item be placed on the
September 22, 1992 regular City COJIDDission meeting agenda.
attachments
DGR/sports
cc: Robert A. Barcinski, Asst. City Manager/Administrative Services
Joe Weldon, Director of Parks and Recreation
Susan Ruby, Asst. City Attorney
'.
P.-\L~l BEACH COC0:TY SPORTS ALTHORlT), 1~C.
1555 P.-\L\1 BEACH LAKES BLVD. SUTE 204, WEST P-\L\I BUCH, FLORlD.-\ 33401
TELErHo~E: (407) 233-1015 F,\C5[\IILE (407) 471--3990
September 10, 1992 RECE:VECJ
Mr. David Harden
Ci ty Manager SfP , 6 r992
City of Delray Beach
100 N.W. 1st Avenue CITY MANAGER'S OFFICE
Delray Beach, FL 33444
RE: VIRGINIA SLIMS OF FLORIDA TENNIS TOURNAMENT
Dear Mr. Harden,
Congratulations! At the August 17 meeting of the Palm Beach County Sports
Authority, Inc. and the September 10 meeting of the Tourist Development Council,
your grant applicat ion was approve d in the amou nt of $ 25, ()()() for
bleachers/grandstands only for the operation of the Virginia Slims of Florida Tennis
Tournament.
Enclosed is the Grant Agreement (three originals) which each require your
Chairman's and Secretary's signature, your corporate seal, and your Federal Tax ID
#. You are required to submit a copy of your insurance binder naming Palm Beach
County as an insured when you sign the agreement. Enclosed is a Public Entity Crime
statement which must also be signed, notarized, and returned to be included as
Exhibit B of the Grant Agreement. Also enclosed are Tourist Development Council
logos which must appear on all printed material and in all electronic broadcasts
pertaining to this event.
The Agreement will be placed as a board item on the agenda at the November 24
Board of County Commissioners' meeting. The approval process is a lengthy one and
the deadline for including this Agreement on the agenda for that date is November 2,
so please return these documents to this office as soon as possible.
Upon approval by the Board of County Commissioners, funds will be made
available to you in accordance with the Grant Agreement. You are also reminded that
you will be required to submit a final report detailing how your event met with the
grant requirements within ninety (90) days after completion of your activity.
Sincerely,
1.' ;/
1,: XJ;:'M'-'-
Mike Bazem re
Interim Executive Director
Palm. Beach County Sports Authority, Inc.
MB/bg
Enc1osur.
THE PLACE To PLAY
. SWORB STATRKENT PURSUANT TO SECTlOR 287.133(3) (a),
FLORIDA STATUTES, OK PUBLIC KHTITY CRLKES
EXHiBiT \\8h
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OP A NOTARY PUBLIC OR
OTHER OFPICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to PALM BEACH COWI/TY
[print name of public entity)
by
[print individual's name and title)
for
(print name of entity sub~itting sworn statement]
whose business address is
and, (if applicable)
its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement: . )
2. I understand that a 'public entity crime' as defined in paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with
respect to and directly related to the transaction of business with any public entity
or with an agency or political subdivision of any other stat. or of the United States,
including, but not limited to, any bid or contract for goods or .ervices, any lea.. f~r
real property, or any contract for the construction or repair of a public building or
public work, involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3. I understand that 'convicted' or 'conviction' as defined in Paragraph 287.133(1)(b),
Florida Statutes, mean. a finding of guilt or a conviction of a public entity crime,
with or without an adjudication of guilt, in any federal or state trial court of record
relating to charges brought by indictment or information after July 1, 1989, as a
result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
4. I understand that an 'affiliate' as defined in Paragraph 287.133(1) (a), Florida
Statutes, means:
1. A predecessor or successor of a person convicted of a public entity
crime; or
2. An entity under the control of any natural person who is active in
the management of the entity and who has been convicted of a public
entity crime. The term 'affiliate' includes those officers,
directors, executives, partners, shareholders, employee., members,
and agent. who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length
agreement, shall be a prima facie ca.e that one person controls
anoth.r person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in
Florida during the preceding 36 months shall be considered an
affiliate.
5. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term 'person' includes those
officers, directors, executives, partners, shareholders, employe.s, members, and agents
who are active in management of an entity.
.
~. Sased on information and belief, the statement which r have marked below is tr~e ~n
relation to the entity submitting this sworn statement. [Indicate by placing'a check
in front of the statement which applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in the management of the entity, nor any affiliate of the entity was charged
with and convicted of a public entity crime subsequent to July 1, 1989. ...
The entity submittinq this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, member., or agents who are
active in the management of the entity, or an affiliate of the entity was charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of it. officers,
directors, executives, partner., shareholders, employee., members, or agents who are
active in the management of the entity, or an affiliate of the entity was charged with
and convicted of a public entity crime subsequent to July 1, 1989. However, there was
a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer determined
that it was. not in the public intere.t to plac. the entity submitting this sworn
statement on the convicted vendor list. (attach a copy of final order)
I UNDERSTAND TEAT 'rD SUBMISSION OF nIS FORM TO ~ CONTRACTING OP'Jl'ICJ:R FOR XU PUBLIC
ENTITY IDEH'rIFIED IN PARAGRAPH 1 (ONE) ABOVE: IS FOR THAT PUBLIC EH'ZITY ONLY AND, ~T THIS
FORM IS VALID 'rBJlOUGH DZCEMBER 31 OF 'rD CALElfI)AJl YEAR IN WKICJI I~ IS FILED. I ALSO
UNDZRSTAND TKAT I AM RJ:QUIUD TO IHFOlUC 'rD PtJBI.IC EH'rITY, PIUOK TO Ell'%ZRING IH'rO A CONTRACT
IN EXCESS OF 1'D 1'BRESBOLD AMOUNT PROVIDED IN SECTION 287.017, n.ollIDA STA1'UTZS, FOR CAXEGORY
TWO, OF ANY CBAHGZ AFFECTING 1'BE CORREC1'NESS OF 'rD INFORMATION COH1'AIHED IN TBISSWORN
STA1'EMEHT.
(signature]
(date]
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFOit!: ME, the undersigned authority,
, who is personally known to me or who has produced
[name of individual signing]
as identification, and who, after first being sworn by me, affixed
his/her signature in the spac. provided above on this ____ day of , !9___.
Signature of Notary Public
Name of Notary Public
Title or Rank
Serial Number, if any
(SEAL)
My commission expire.:
(State Form PUR 7068/Revised by PBC 3/92)
.
PALM BEACH COUNTY
TOURIST DEVELOPMENT TAX CATEGORY G
1992-93 GRANT AGREEMENT
This Grant Agreement is made and entered into this day 0 f
, 1992 by and between PALM BEACH COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as "COUNTY"; and
CITY OF DELRA Y BEACH
hereinafter referred to as "GRANTEE".
WHEREAS, the grant provided for herein by the COUNTY will
assist the GRANTEE with expenses incurred in its tourism project describe"d
. herein, hereinafter referred to as the "PROJECT"; and
WHEREAS, COUNTY has determined that the subject PROJECT will
enable GRANTEE to provide an activity which will directly promote tourism in
Palm Beach County, under special use Category "G" of Ordinance No. 82-15. as
amended; and
WHEREAS, the expenditure of Tourist Development Tax Funds
pursuant to this Agreement has been found, determined and declared to be a
county and public purpose by the Board of County Commissioners of COUNTY,
under authority of Section 125.0104, Florida Statutes, and Ordinance No. 82-15,
as amended.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
GRANT DESCRIPTION
1.1 GRANTEE: Name: CITY OFDELRAY BEACH
'.
Address: 30 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
Attn: DA VID T. HARDEN
1.2 TOTAL AMOUNT OF GRANT: $25,000
1.3 eRQjECT DESCRIPTION: VIRGINIA SLIMS OFFLORIDA TENNIS TOURNAMENT
and as further provided in Exhibit A, attached hereto.
1.4 ~ECT BUDGET: As provided in pages 6 and 7 of Exhibit A, attached
hereto.
1.5 REPORTING SCHEDULE: Grantee shall submit final report and request
for reimbursement within ninety (90) days of last day of event.
1.6 PAYMENT SCHEDULE: County will normally reimburse within sixty (60)
days after submission of approved invoices and report.
1.7 GRANT PERIOD: NOVEMBER 27, 1992THROUGH MARCH 8, 1993
Only expenses incurred by Grantee during the Grant Period will be eligible for
reimbursement.
1.8 EVENT SCHEDULE: FEBRUARY 27,1992 - MARCH 7, 1993
1.9 GRANT RESTRICTIONS: GRANDSTANDS/BLEACHERS
as noted on Project Budget. Exhibit A. Pages 6 and 7. Only allowable expenses
shall be eligible for reimbursement. The final determination as to whether an
expense identified in the Project Budget is allowable shall be made solely by
COUNTY and Grantee agrees to abide by and be bound by COUNTY's
determination.
ARTICLE II
CONDITIONS
2.1 IMPLEMENTATION: Palm Beach County has designated certain important
responsibilities in the implementation of this Grant-to the Palm Beach County
Sports Authority. Inc.. the contract administrator. who shall be referred to
2
.
hereinafter as "SPORTS AUTHORITY". The SPORTS AUTHORITY is a private
nonprofit corporation contracting with Palm Beach County and is not a part
of County government. SPORTS AUTHORITY makes recommendations to
COUNTY but cannot provide final approvals on behalf of County or incur any
obligations on the part of COUNTY.
2.2 ERQ]ECT DESCRIPTION: The GRANTEE shall use the Grant Funds only
for the purposes and services which are specifically described in the Project
Description attached hereto as Exhibit A and/or as restricted in Paragraph 1.9
of Article I. GRANTEE represents that the project provided for by this
Agreement will be accomplished and will directly promote Palm Beach County
tourism. Any changes in an approved program description shall first be
submitted to the SPORTS AUTHORITY. Thereafter, the SPORTS
AUTHORITY shall convey such revised program description to the Executive
Director of the Tourist Development Council (TDC) for his approval. No
expense related to a change in the Project Description will be reimbursed unless
approved as provided herein.
2.3 fRQjECT BUDGET: All expenditures of Grant Funds shall be subject to
the conditions and terms of this Agreement and in accordance with the Project
Budget. The GRANTEE's expenditure of Grant Funds must be only for the
items specified in each line-item of the Project Budget and not in excess of the
amounts specified in each line-item. The GRANTEE may amend the amount
identified for specific Grant Fund line-items in the Project Budget, if such
changes do not exceed ten percent (10%) per line-item and so long as the
amount of Grant Funds allocated for other items is likewise adjusted. Any
change in any line-item expenditure of Grant Funds in excess of ten percent
3
0, .
(10%) per item shall require the advance written approval of the Executive
Director of the Tourist Development Council. Any requests for approval shall
first be submitted by GRANTEE to the SPORTS AUTHORITY. The SPORTS
AUTHORITY will convey such request to the Executive Director of the Tourist
Development Council.
2.4 REPORTING: This PROJECT is being funded with the expectation that it
will directly promote Palm Beach County tourism by providing specifically
described sporting events and activities which will be made available to and
attended by visitors to Palm Beach County. To assist a determination of
whether the PROJECT is fulfilling, or has fulfilled, its purpose of directly
.
promoting the County, the GRANTEE must supply the SPORTS AUTHORITY
with written reports and documentation demonstrating the PROJECT's direct
promotion of the County. These reports are to be received by the SPORTS
AUTHORITY pursuant to the Reporting Schedule contained in Paragraph I.S of
Article I. The SPORTS AUTHORITY will submit said report to the Executive
Director of the Tourist Development Council. The GRANTEE shall further
submit program scheduled information to the SPORTS AUTHORITY for
Tourist Development funded publications by publication deadline. GRANTEE
shall provide immediate notice to the SPORTS AUTHORITY in the event that a
funded project or program is cancelled or rescheduled.
2.5 GRANT AMOUNT AND PAYMENT SCHEDULE: The total amount of the
Grant is specified in Paragraph 1.2 of Article I. By awarding this Grant,
COUNTY assumes no obligation to provide financial support of any type
whatsoever in excess of the total Grant amount. The Grant Funds will be paid
to the GRANTEE pursuant to the Payment Schedule specified in Paragraph 1.6
4
.
of Article I., subject to the provisions of Paragraph 2.7, Article II., and shall be
solely payable from lawfully available Category G Tourist Development Tax
Funds.
2.6 PROJECT MONITORING AND EV ALUA TIO~: The SPORTS AUTHORITY
shall monitor and conduct an evaluation of operations under this Agreement,
which may include visi ts by the SPORTS AUTHORITY staff, Tourist
Development Council members, and other COUNTY representatives to observe
the GRANTEE's program, procedures, and operations under this Grant, or to
discuss the GRANTEE's PROJECT with the GRANTEE's personnel. The
GRANTEE shall give the SPORTS AUTHORITY fifteen (15) days advance written
notice of all meetings of its Board of Directors or governing board and the
.
SPORTS AUTHORITY's designees and the Executive Director of the Tourist
Development Council free access to all events sponsored under this Agreement,
for the purpose of evaluating the impact of the subject events and activities.
2.7 PAYMENT OF GRANT FUNDS: Only programs which advance, promote
and further Palm Beach County tourism shall receive Grant Funds. In
accordance with this Agreement, GRANTEE shall receive the Grant Funds from
COUNTY in the form of reimbursement to GRANTEE for its expenditures for
"allowable" Grant Fund items identified in the Project Budget which are deemed
by County to be "allowable". No Grant Funds shall be advanced by COUNTY to,
on or behalf of, GRANTEE. The following procedure shall be applicable to the
payment of Grant Funds by COUNTY:
From time to time during the grant period, GRANTEE shall submit
to the SPORTS AUTHORITY a Request for Payment of Grant
Funds, upon a form approved by the Clerk of the Board of County
5
'.
Commissio ners. Upon approval of a Request for Payment of Grant
Funds (hereinafter referred to as "REQUEST") by the SPORTS
AUTHORITY and Executive Director of the Tourist Development
Council, the REQUEST shall be submitted by the SPORTS
AUTHORITY to the Clerk of the Board of County Commissioners
for processing and payment in accordance with this Agreement and
in accordance with law. Each REQUEST submitted by GRANTEE
shall include a reference to its previous authorization, shall be
itemized in sufficient detail for pre-payment audit thereof, and
shall be supported by copies of the corresponding paid vendor
invoices and substantiated proof of payment or performance of the .
.
goods and services invoiced, and any further documentation deemed
necessary by the SPORTS AUTHORITY or the COUNTY. Moreover,
COUNTY shall not pay GRANTEE on any REQUEST, unless and
until the Clerk of the Board of County Commissioners approves
said payment pursuant to the Clerk's pre-payment audit thereof in
accordance with law, and subject to the conditions, if any, attached
to said approval.
2.8 FIN ANCIAL ACCOUNTING AND RETENTION OF RECORDS: The
GRANTEE must keep accurate and complete books and records of all receipts
and expenditures of Grant Funds in conformance with reasonable accounting
standards acceptable to COUNTY. These books and records, as well as all
documents pertaining to funds received and expended in conjunction with this
Grant, such as vouchers, bills, invoices, receipts, and cancelled checks, shall be
retained in Palm Beach County, in a secure place and in orderly fashion by the
6
.
GRANTEE for at least three (3) years after the Expenditure Deadline specified
in Paragraph 1.7 of Article I. These books, records, and documents may be
examined by the SPORTS AUTHORITY, the Executive Director of the Tourist
Development Council or any other County representative at the GRANTEE's
offices during regular business hours. Furthermore, the COUNTY may, at
COUNTY's expense and upon reasonable notice, audit or have audited, all the
financial records of the GRANTEE, whether or not purported to be related to
this Grant. Moreover, COUNTY is hereby granted the power to designate any or
all records of GRANTEE, pertaining to matters covered by this Agreement, as
public records under Chapter 119, Florida Statutes, by resolution of the Board
of County Commissioners, making such designation, regardless of whether said
records are presently deemed public records by law.
2.9 CREDITS: The GRANTEE must include the following credit designation
in all news releases; print, radio and television advertising; publications; and
programs related to the PROJECT:
BeachCoun1y Horida
1HE BESrOF EvERYTHING.
A TOURIST DEVELOPMENT CoUNCIL FUNDED PROJECT
The credit designationllogo must be easily legible and/or audible.
2.10 LIABILITY AND INDEMNIFICATION: It is understood and agreed that the
GRANTEE is merely a recipient of Grant Funds and an independent contractor
and is not an agent, servant or employee of Palm Beach County, its Board of
County Commissioners, the Palm Beach County Sports Authority, Inc., or the
Palm Beach County Tourist Development Council.
7
;..
In the event a claim or lawsuit is brought against Palm Beach County, its
Board of County Commissioners, the Palm Beach County Sports Authority, Inc.,
the Palm Beach County Tou~st Development Council, or any of their directors,
officers, agents, or employees, the GRANTEE hereby agrees to indemnify, save,
hold harmless, and defend said persons and entities from any such claims,
liabilities, causes of action, and judgments of any type whatsoever, arising out
of or relating to the performance or operation of this Agreement, the funding
hereof, or GRANTEE's acts hereunder and the GRANTEE shall pay all costs,
:
attorney's fees, and expenses incurred by the aforementioned entities or
persons in connection with such claims, liabilities or suits. This covenant of
indemnification shall be supported and supplemented by liability insurance
obtained by GRANTEE, which is acceptable to COUNTY's director of the Risk
Management Division of Palm Beach County, as to form, type and amount of
coverages. Such insurance shall, at a minimum, provide comprehensive or
commercial general liability coverage with limits of not less that $300,000.00 each
occurrence combined single limit for bodily injury, including death, and
property damage, as evidenced by a Certificate of Insurance. A signed current
copy of the Certificate of Insurance shall be transmitted to the COUNTY prior
to execution of this Agreement by COUNTY and such insurance shall remain in
effect throughout the term hereof. Further, said Certificate of Insurance shall
unequivocally provide for thirty (30) days written notice to COUNTY prior to
any material chanp or cancellation of coverage thereunder. PALM BEACH
COUNTY must be named as an additional insured in said policy of insurance,
and the Certificate of Insurance shall so indicate.
-
2.11 ASSIGNMENT: The GRANTEE is not permitted in any manner to assign its
8
.
rights or obligations under this Agreement, and any purported assignment will
be void.
2.12 COMPLIANCE: The GRANTEE agrees to abide by, and be governed by, all
applicable laws, including but not limited to, Palm Beach County's ordinances,
as said laws and ordinances exist and are amended from time to time. In
en tering into this Agreement, Palm Beach County does not waive the
requirements of any County or local ordinance or the requirements of
obtaining any permits or licenses which are normally required to conduct
business or activity contemplated byGRANTEE.
2.13 REMEDIES AND EXPENDITURE DEADLINE:
(A) If the GRANTEE fails to comply with any of the provisions
of this Agreement, the COUNTY may withhold, temporarily
or permanently, all, or any, unpaid portion of the Grant
upon giving written notice to the GRANTEE, and/or
terminate this Agreement and the COUNTY shall have no
further funding obligation to the GRANTEE under this
Agreement. Furthermore, GRANTEE shall repay to COUNTY
all funds received by GRANTEE which did not result in
sporting events or activities.
(B) In the event that a project or program for which GRANTEE
has received funds is canceled and not replaced with an
approved revised project or program in accordance with
Paragraph 2.2 of Article II, GRANTEE shall repay to COUNTY
all funds received by it for such canceled project or program.
(C) The GRANTEE shall repay COUNTY for all unauthorized,
9
, .
illegal or unlawful expenditures of Grant Funds, including
unlawful and/or unauthorized expenditures discovered after
the expiration of the Grant Period. The GRANTEE shall also
be liable to reimburse the COUNTY for any lost or stolen
Grant Funds.
(D) In the event the GRANTEE ceases to exist, or ceases or
suspends its operation for any reason, any remaining unpaid
portion of this Grant shall be retained by COUNTY and
COUNTY shall have no further funding obligation to
GRANTEE with regard to those unpaid funds. The
determination that the GRANTEE has ceased or suspended
.
its operation shall be made solely by COUNTY and GRANTEE
agrees to be bound by COUNTY's determination.
(E) Grant Funds which are to be repaid to the COUNTY
pursuant to this Article are to be repaid by delivering to the
COUNTY a certified check for the total amount due, payable
to Palm Beach County at the Office of the Executive Director
of the Tourist Development Council within ten (10) days of
the COUNTY's demand.
(F) The above provisions do not waive any rights of COUNTY or
preclude the COUNTY from pursuing any other remedy which
may be available to it under law. Nothing contained herein
shall act as a limitation of the COUNTY's right to be repaid
in the event GRANTEE does not produce or complete a
project or program which furthers and promotes Palm Beach
lD
.
County tourism.
2.14 TERMINATION BY COUNTY: Notwithstanding anything contained in this
Agreement, COUNTY shall have the right to terminate this Agreement, with or
without cause, upon five (5) days written notice to GRANTEE.
2.15 WRITTEN NOTICE: Any written notice required under this Agreement
shall be sufficient if sent bycertified mail as follows:
(A) As to the GRANTEE: Addressed to the GRANTEE at the address
specified in Paragraph 1.1 of Article I.
(B) As to the Sports Authority: Addressed as follows:
Palm Beach County Sports Authority, Inc.
1555 Palm Beach Lakes Boulevard, Suite #204
WestPalm Beach, FL 33401
~
(C) As to the COUNTY: Addressed as follows:
Executive Director of the Tourist Development Council
1555 Palm Beach Lakes Boulevard, Suite #204
West Palm Beach, FL 33401
(
',,- 2.16 CONTRACT REPRESENTS TOTAL AGREEMENT: This Agreement,
including its special conditions, if any, and exhibits, represents the whole and
total agreement of the parties. No modifications or amendments may be made
to this Agreement unless made in writing signed by both parties, and approved
by appropriate action of the Board of County Commissioners.
ARTICLE III
SPECIAL CONDITIONS
3.1 ORDINANCE AMENDMENT: Nothing in this Agreement shall impair or
prohibit the Board of County Commissioners from amending Ordinance No. 82-
15, as amended, in accordance with Section 125.0104, Florida Statutes, at any
time, except that no amendment to said ordinance shall affect the availability of
funds under the Grant provided by this Agreement.
11
'.
. IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first written above as follows:
ATTEST: PALM BEACH COUNTY,FLORIDA BY ITS
MILTON T. BAUER, CLERK . BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
(SEAL)
ATTEST: GRANTEE: CITY OF DELRA Y BEACH
By: By:
Corporate Secretary Chairman or President
Print or type name above
(CORPORATE SEAL)
,
GRANTEE'S FEDERAL TAX IDENTIFICATION #:
APPROVED AS TO TERMS AND CONDITIONS:
SPORTS AUTHORITY
By:
President or Executive Director
APPROVED AS TO FORM AND
LEG AL SUFFICIENCY
By:
County Attorney
(c:slims.93)
12
.
PALM BEACH COU!\:TY SPORTS AUTHORITY, -
1555 PALM BEACH LAKES BLVD, SUITE 204, WEST PAl..l\1 BEACH. f /, ,-
TELEPHONE: (407) 233-1015 FACSIMILE (407) 471 <
-- ----
- I
~ ~ " ,.
.' . . ~ I' l,
, ~ \ -
August 18, 1992 -~cIVED
Mr. David T. Harden AUG 2 0 1992
City Manager CITy M
'A NAr.t:Q,
City of Delray Beach ) OFFICE
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: VIRGINIA SLIMS OF FLORIDA TENNIS TOURNAMENT
Dear Mr. Harden,
I am pleased to inform you that the Palm Beach County Sports Authority,
Inc. has approved a grant in the amount of $25,000 to be used for the cost of
bleachers involved with the Virginia Slims of Florida Tennis Tournament. As
part of this agreement the City of Delray Beach must also have an impact study
done at its own expense to determine the economic impact of the event on the
. community.
This recommendation will go to the Tourist Development Council at its
next meeting on September 10th. Upon approval by the Tourist Development
Council we will initiate an agreement with you to be presented for approval to
the Board of County Commissioners.
If you have any questions please feel free to call our office.
Sincerely,
I)JJt (~~
Mike Bazem re
Interim Executive Director
Palm Beach County Sports Authority, hic.
MB/bg
cc: Richard Ellington, Esq. - President, PBCSA, Inc.
'k b - Screening Commi ttee Chairman
c:horden - _.
THE PLACE To PLAY
".. "'"
P AI.M BEACH COUNTY SPOKlS AUTliORITY, 11'>iC.
1555 PAlM lh':M.JlI.^KI5 llLV/l., SUllI' 204, WE~r "ALM UJ-,'UI. hUl<IUA :13401
TrlFl'llONE: (407) 233-1015 r ^CS1MIL/:: (407) 471.3990
May 26, 1992
Mr. David '1', Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Oelray 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 \tlill 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 fundh.
The Sports Authority looks forward to working with the City in
hosting this event. If you have any questions, please feel free to
give me a call.
Sincerely,
--r;vv.. .s; -.....;~.
Tom Seitz
Executive Oirector
Palm Beach 'County Sports Authority, Inc.
cc: Richard Ellington
Rick Lamb
T~^V
.
~
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Pr1
SUBJECT: AGENDA ITEM # 8"c- - MEETING OF SEPTEMBER 22. 1992
AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL BOARD
DATE: September 18, 1992
This item is before you to renew the agreement with the Palm Beach
County School Board for instructional services and the development of
vocational education programs for City employees, for the period July
1, 1992 through June 30, 1993.
The contract is basically the same as last year wi th only one minor
change. The schedule which sets the fee for School Board instructor
provided classroom training is amended to reflect "as set by the
Florida legislature". Under the new rate structure, the fee for
supplemental training is $.65 per student hour, the fee for job
preparatory training is $.45 per student hour, and adult education
courses continue to be fee exempt.
The City Attorney's Office has reviewed the agreement and approved it'
as to legal sufficiency and form. Funding for courses comes from
various departmental budgets.
.
Recommend approval of the agreement with the ?alm Beach County School
Board for instructional services and the development of vocational
education programs for City employees, for the period July 1, 1992
through June 30, 1993; with funding from various departmental budgets.
..
~
.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Doug Randolph 0 R
Grants/Training Coordinator
THRU: Edward J. Gusty (7JP'
Human Resources Director
'-,
DATE: September 10, 1992
SUBJECT: REQUEST CITY COMMISSION APPROVAL TO RENEW THE TRAINING
AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY
AND THE CITY OF DELRAY BEACH.
Our annual agreement needs to be renewed for the School Board's next
fiscal year which runs from July 1, 1992 thru June 30, 1993.
This agreement allows us to continue to provide vocational educational
training to our employees at an extremely low cost. For this next
agreement period, the cost has increased from thirty-six cents to
sixty-five cents per student hour. This increase equates to eight hours
of training being provided for $4.48 vs $2.88 at the old rate.
The agreement is attached for Commission Approval. Please place this
request on the September 22, 1992 Commission meeting agenda.
attachments
DGR/Board
'.
South Technical Education Center
1300 SW 30th Avenue, Boynton Beach, Florida 33426-9099
(407) 369-7000 (407) 368-4336
.
INDUSTRY SERVICES COORDINATORS ACTING DIRECTOR
Judith Cartwright James R. Rasco
Leigh Fountain
Oebbi Ross
September 1, 1992
Doug Randoplh
City of Delray Beach
101 W. Atlantic Avenue
Delray Beach, Florida 33444
Dear Mr. Randolph:
The School Board of Palm Beach County has completed the processing of the contracts for
4r ~ instructional services to industry. I have enclosed your contracts for your signature and return. ~
Please be sure to sign all four copies of the enclosed contracts I Keep one copy only and return
the remaining contracts in the self-addressed stamped envelope enclosed. Upon your signature,
the contract is complete and will allow us to continue to offer our instructional services to your
organization.
The contracts are basically the same as last year with only one minor change. The actual fee for
Addendum "B" has been replaced with the phrase, "as set by the Florida legislature." The fee
structure that has been set for the implementation of this contract is $.65 per student hour for
supplemental training. The vast majority of the fire training programs and the variety of short
term training programs taught by Unda Braymiller and Jim Pickens are all included in this
category. The City of Delray Beach does though, on occassion, utilize the job preparatory
program - Fire Fighting/Minimum Standards. This program requires a registration fee of $.45
per student hour. The programs being offered under the catagory of Adult Education, Le., the
Creole classes, are fee exempt.
We look forward to our continued mutually beneficial and successful relationship. The enclosed
contract will provide for instructional service from July 1, 1992 through June 30, 1993.
Your immediate completion of the needed signature and return of all but one of the contract
copies on or before September 30, 1992 will assist us greatly in the finalization of our
records.
Please contact me 369-7013, should you need to further discuss this contract.
t:reIY,
yt'
~'v/
. Debbi Ross
Industry Service Coordinator
.
[ITY DF DElRAY BEA[H -..." '.. " .: i ,- .
'..i l..... ~
~ ,
"-~, ~.....~-:.!
CITY ATTORNEY'S OFFICE _ :: I ,,\\ i '< ,\ \ 1::\ 1 1: . i; l ",\ Y : ',j " ii' i' \ ,,~, ~
F -\ C " : .\ 111.1. .j (j '7 2 - ... .~ - :: Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: September 10, 1992
TO: Doug Randolph, Grants/Training Center
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: South Technical Education Center Agreements Between
the City and the School Board of Palm Beach County
I have reviewed the agreements and have approved them as to
legal sufficiency and form. r am returning all four original
copies to you 50 that you can place them on the September 22,
1992 City Commission agenda and have them properly executed by
the Cit Clerk and the Mayor.
Attachments
5otech.sar
'.
AG~.s=:~..ENT
BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY
. AND
CITY OF DELRAY BEACH
FOR
VOCATIONAL EDUCATION PROGRAMS
This agreement is entered into between the City of Delray Beach
hereinafter referred to as the "AGENCY", and The School Board of
Palm Beach County hereinafter referred to as the "PROVIDER" which
are the parties hereto. For and in consideration of the mutual
covenants contained herein, the sufficiency of which the parties
acknowledge, the parties to this agreement agree as follows:
I.
Scope of Services
The PROVIDER will provide vocational education programs for
. students of the AGENCY.-
.
.
II. ~
The PROVIDER Agrees to:
A. Provide a liaison for all vocational education activities
between the PROVIDER and the AGENCY.
B. Provide qualified and certified vocational instructors for
each course. Addendum A & B is hereby incorporated as
part of the agreement.
l. Whenever possible provide a qualified substitute
instructor in the case of absence of the regularly
assigned vocational instructor.
2. Require instructors to assume instructional
responsibility for students in their classes.
C. Share the achievement records of the assigned students in the
courses with the AGENCY.
D. Provide and prepare an instructional schedule for teachers and
students which will conform to the needs of both the PROVIDER
and the AGENCY.
E. Not discriminate against any students or employees because of
race, color, religion, sex, national origin, marital status,
or handicap.
F. Submit any vocational education reports as required by the
Florida Department of Education.
III.
The AGENCY Agrees to:
A. Provide a liaison to coordinate and supervise vocational
education activities between the PROVIDER and the AGENCY.
B. Provide the minimum number of eligible students to achieve and
maintain the required membership for each course as des ignated
by the PROVIDER. vocational
C. Provide agency orientation for the PROVIDER'S
instructional staff.
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D. Provide proper and adequate facilities and standard utilities
including water, lights, phones, heating, and air conditioning
for all classes.
E. Provide needed A/V equipment, copier services, student
materials, consumables, laboratory materials, and textbooks
as requested by the PROVID~R.
F. Provide janitorial and maintenance services for all AGENCY
based classroom and shop/lab facilities.
G. Provide staff and support services for timely, appropriate and
adequate screening, counseling, and follow-up services to
students.
H. Provide and maintain adequate library services and c ler ical
support for the vocational education program staff.
I. Provide for the safety of all instructors.
J. Provide any vocational education reports needed by the
PROVIDER and as required by law.
IV.
Both par~ies Agree That:
T
A. Responsibility for day-to-day coordination and supervision of
the vocational education program shall be vested in the
AGENCY'S liaison of education.
B. The AGENCY'S liaison of education may participate with the
PROVIDER in recommending instructional personnel.
C. Through their designated representatives, both parties shall
collaborate in the development of policies and operational
procedures for the efficient management and operation of the
vocational education programs.
D. The performance of obligations hereunder shall be in
accordance with all applicable laws, rules, and regulations
now or hereinafter in effect.
E. This agreement will be governed and construed in accordance
with the laws of the State of Florida.
F. No amendment to this agreement shall be valid or enforceable
unless submitted in writing and executed by duly authorized
representatives of both parties executing and entering into
this agreement.
G. PROVIDER is an agency or subdivision of the State. Notwith-
standing anything to the contrary contained herein, the total
liability of PROVIDER under this agreement .for negligent acts
or omissions of PROVIDER, its agents and employees shall be
subject to the limitations and procedures set forth in Section
768.28, Florida Statutes.
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Doug Randol~h-City/Joe Kopel-Fire is designated AGENCY liaison of
education and is responsible for enforcing performance of this
agreement'S terms and conditions and shall serve as a liaison with
. the specialist of the PROVIDER, and shall approve all invoices
prior to payment. The AGENCY liaison of education will also be
required to meet with the PROVIDER at least once during the
agreement period to review the services rendered. This agreement
shall be effective July 1, 1992 , and shall remain in
effect through June 30, 1993 . Should one party fail to
conform to all material conditions provided herein, the other party
may, at its option, cancel this agreement upon 30 days written
notice.
Dated this ~ ",jt day 0 f ;:J D .11- , 1992
L
CITY OF DELRAY BEACH
Agency The~hool Board of Palm Beach
Cou y, .F~ori{fa (' L
~ I&- ~//
By B 'Ci ,/ ~. / / ~ ,," . '
. . Agency Administrator William G. Graham, Chairman
(SEAL)
Attest Attest !?~~~0 ff~/~~
c. Monica Uhlhorn
Superintendent
Approve
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Addendum A
AGENCY-SUPPLIED INSTRUCTION
CONTRACTED SERVICES
The PROVIDER will reimburse the AGENCY for instructors' salaries
at the rate of $1.15 per student contact hour for training
delivered by a certified AGENCY employee, for those AGENCIES having
a training staff conducting in-house training.
The AGENCY Agrees to:
A. Provide a course outline for each course taught.
B. Provide appropriate State Department of Education teacher
certification coverage for each instructor who teaches mor~
.." 'i, than 160 hours.
C. Provide documentation for each class: student registration
forms and attendance rosters.
D. Provide evaluation of courses taught by AGENCY trainers upon
completion of each course.
E. Provide matriculation fees to the PROVIDER as set by the
Florida Legislature.
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Addendum 8
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SCHOOL BOARD SUPPLIED INSTRUCTION
PART-TIME PROGRAMS
AGENCIES requiring a School Board instructor to provide classroom
training will agree to:
1. Provide matriculation fees to the PROVIDER as set by the
Florida Legislature.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: i,~0CITY MANAGER
\ I .
SUBJECT: AGENDA ITEM # ~J) - MEETING OF SEPTEMBER 22. 1992
COMBINED MUTUAL AID AGREEMENT/TOWN OF HIGHLAND BEACH
DATE: September 18, 1992
This item is before you to approve a Combined Mutual Aid Agreement
with the Town of Highland Beach. The purpose of the agreement is to
allow the two police departments to assist each other during law
enforcement emergencies which cross jurisdictional lines.
The City will be responsible for its employees only, as is normal for
operations. No additional funding is required. The initial agreement
period is October 1, 1992 through September 30, 1993, with automatic
yearly renewal periods unless one of the participating parties elects
to cancel the agreement by written notice.
Recommend approval of the Combined Mutual Aid Agreement with the Town
of Highland Beach which provides for assistance during law enforcement
emergencies which cross jurisdictional lines.
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MEMORANDUM
TO: City Commissioners
FROM: Eric D. Hightower, Esq. , Police Legal Advisor
DATE: September 17, 1992
SUBJECT: Combined Mutual Aid Agreement
===================================================================
Attached for your consideration is a copy of the Combined Mutual
Aid Agreement with the Town of Highland Beach Police Department.
The Town of Highland Beach has already approved the agreement as
is. In addition, our City Attorney's Office approves of the
agreement as well.
The purpose of the agreement is to allow the two police departments
to assist each other in the enforcement of the laws of the State of
Florida throughout Palm Beach County.
The City's liability will not be affected by this agreement.
Section III, subsection ( 5 ) of the agreement grants us all
immunities as provided by Section 768.28 Florida Statutes. The
City will be responsible only for its own employees as is normal
for operations.
No additional funds will need to be expended to carry out the
agreement. The City will only be responsible for the expenses of
its own Department.
The agreement will run for one year until September 30, 1993 and be
eligible for automatic renewal yearly unless one of the parties
elects to cancel the agreement by written notice.
EDH/lrd ftHI
cc: David Harden, City Manager
Jeff Kurtz, City Attorney
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COMBINED MUTUAL AID AGREEMENT
THIS COMBINED MUTUAL AID AGREEMENT, hereinafter the
"Agreement," made and entered into this day of ,
1992, by and between the DELRAY BEACH POLICE DEPARTMENT and the
HIGHLAND BEACH POLICE DEPARTMENT, pursuant to the provisions of
Chapter 23, Part I, Florida Statutes, known as the "Florida Mutual
Aid Act," hereinafter the "Act," comprises a "voluntary cooperation
agreement" and a "requested operational assistance agreement" as
the terms are used in the Act.
Witnesseth:
WHEREAS, the subscribed law enforcement agencies are so
located in relation to each other that it is to the advantage of
each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to
intensive situations including, but not limited to, emergencies as
defined under Section 252.34(2), F. S. ; and
WHEREAS, it is the intent of this Agreement, considering the
existing and continuing possibility of intensive situations and
other law enforcement emergencies, to ensure that the preparation
of law enforcement will be adequate to deal with such activity,
protect the public peace and safety, and preserve the lives and
property of the people; and
WHEREAS, the DELRAY BEACH POLICE DEPARTMENT and the HIGHLAND
BEACH POLICE DEPARTMENT have the authority under the Act, to enter
into a "requested operational assistance agreement" for rendering
of assistance in a law enforcement emergency that crosses
jurisdictional lines;
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NOW, THEREFORE, the parties agree as follows:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Pursuant to Section 23.1225, F.S. of the Act, each of the
aforesaid law enforcement agencies hereby approves and enters into
this Agreement whereby each of the agencies may request and render
law enforcement assistance to the other including investigating
homicides, sex offenses, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant
to Chapter 893, F.S. , and including backup services during patrol
activities, inter-agency task forces and joint investigations.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE .
Pursuant to Section 23.1225(2), F.S. of the Act, the aforesaid
law enforcement agencies hereby approve and enter into this
Agreement whereby each of the agencies may request and render law
enforcement assistance to the other responding to civil
disturbances, large protest demonstrations, aircraft disasters,
fires, natural or man-made disasters, sporting events, concerts,
parades, escapes from detention facilities, and incidents requiring
utilization of specialized units and any emergency which qualifies
under F.S. 252.34(2).
SECTION 111: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that either party to this Agreement is in need of
assistance as set forth above, the police chief or his designee of
the agency requiring assistance shall notify the police chief from
whom such assistance is required. The police chief whose
assistance is sought shall evaluate the situation and his agency's
available resources and shall respond in the manner deemed
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appropriate. The police chief or his designee's decision in this
regard shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The resources or facilities that are assigned by the assisting
agency shall be under the immediate command of a supervising
officer designated by the assisting police chief. Such supervising
officer shall be under the direct supervision and command of the
police chief of the agency requesting assistance.
SECTION V: INDEMNIFICATION AND LIABILITY
To the extent permitted by law, the City of Delray Beach and
the Town of Highland Beach shall each be responsible for its own
negligence. Nothing herein shall be deemed to waive any immunities
granted pursuant to Section 768.28, Florida Statutes.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the DELRAY BEACH POLICE DEPARTMENT when
actually engaging in mutual cooperation and assistance outside of
the jurisdictional limits of the City of Delray Beach, but inside
this State under the terms of this Agreement shall, pursuant to the
provisions of Section 23.127(1), F.S. of the Act, have the same
powers, duties, rights, privileges and immunities as if the
employee was performing duties inside the employee's political
subdivision in which normally employed. The same conditions shall
apply to the employees of the HIGHLAND BEACH POLICE DEPARTMENT when
they are outside the jurisdictional limits of Highland Beach, Palm
Beach County, also.
b. Each party agrees to furnish necessary equipment,
resources and facilities and to render services to each other party
3
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to the Agreement as set forth above; provided however, no party
shall be required in the sole discretion of its police chief to
deplete unreasonably its own equipment, resources, facilities, and
services in furnishing such mutual aid.
c. The party that furnishes equipment pursuant to this
Agreement must bear the cost of loss or damage to that equipment
and must pay any expense incurred in the operation and maintenance
of that equipment.
d. The party furnishing aid pursuant to this Agreement shall
compensate its appointees/employees during the time such aid is
rendered and shall defray the actual travel and maintenance
expenses of its employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal
injury or death while such employees are engaging in rendering such
aid.
e. The privileges and immunities from liability, exemption
from laws, ordinances and rules, and all pension, insurance,
relief, disability, workers' compensation, salary, death and other
benefits that apply to the activity of an employee of an agency
when performing the employee's duties within the territorial limits
of the employee's agency, shall apply to the employee to the same
degree, manner, and extent while engaged in the performance of the
employee's duties extraterritorially under the provisions of this
Agreement. The provisions of this Agreement shall apply with equal
effect to paid, volunteer, reserve and auxiliary employees.
f. Nothing herein shall prevent the requesting party from
requesting supplemental appropriations from the governing authority
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having budgeting jurisdiction to reimburse the assisting party for
any actual costs or expenses incurred by the assisting party
performing hereunder.
SECTION VII: LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability
insurance by one or more of the means specified in Section
768.28(14), Florida Statutes, in an amount which is, in the
judgment of the governing body of that party, at least adequate to
cover the risk to which that party may be exposed, should the
insurance coverage, however provided, of any party be cancelled or
.
undergo material change, that party shall notify all parties to
this Agreement of such change within ten (10) days of receipt of
notice of actual knowledge of such cancellation or change.
SECTION VIII: EFFECTIVE DATE
a. This Agreement shall take effect upon execution and
approval by the hereinafter named officials and shall continue in
full force and effect until and shall be
renewed automatically every year unless terminated prior thereto by
either of the parties.
b. This Agreement shall be reviewed annually for any
necessary changes.
SECTION IX: CANCELLATION
This Agreement may be cancelled by any party upon delivery of
written notice to the other party.
SECTION X: AGREEMENTS TO BE FILED
This Agreement shall be filed with the Florida Department of
Law Enforcement pursuant to Florida Statutes Section 23.1225(4) by
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the entity that last approves the Agreement. In addition, this
Agreement constitutes an interlocal agreement that shall also be
filed by the last entity approving the Agreement pursuant to
Section 163.01(11), Florida Statutes, with the Clerk of the Circuit
Court of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year above first written.
TOWN OF HIGHLAND BEACH, FLORIDA
By: ; lJL L- ~ ~
~
Police Chief
Highland Beach Police Dept.
CITY OF DELRAY BEACH, FLORIDA
Attest: By:
Mayor Thomas E. Lynch
City Clerk
Approved as to form and
Legal Sufficiency:
City Attorney - Delray Beach
highland.agt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~ E. - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 110-92/AUTHORIZATION TO PURCHASE PROPERTY
AT 330 S.E. 3RD AVENUE
DATE: September 18, 1992
This is a resolution authorizing the City to purchase certain real
property located at 330 S.E. 3rd Avenue from Carteret Savings Bank to
be used for the Habitat for Humanity program.
The subject property is presently owned by Carteret Savings Bank.
Carteret is willing to donate the property to the City (purchase price
$1.00). The City will then donate the property to Habitat for
Humanity. Closing is scheduled for on or before December 1, 1992.
Recommend approval of Resolution No. 110-92 authorizing the purchase
of property located at 330 S.E. 3rd Avenue.
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RECEIVED
tlTY OF DELRAYBEACH SEP 1 71992
CITY MANAGER'S OFFICE
;:1T'f~.TTORNEY'S OFFICE . .>
Wr~t_r'. D~r_at L~n_
(407) 243-7090
MEMORANDUM
Date: september 16, 1992
To: City Commission
From: David N. Tolces, Assistant City Atto~ne~
Subject: Acquisition of Property Located at 330 S.E. 3rd
Avenue
The subject property is presently owned by Carteret Savings
Bank. Carteret is willing to donate the property to the City.
The City will then in turn donate this property to Habitat for
Humanity per the agreement entered into between the City and
Habitat for Humanity. Approval of the resolution will
authorize staff to commence the process necessary to acquire
the property, including drafting the contract, obtaining title
insurance, and arranging for the transfer of the property.
If you have any questions regarding this matter, please call.
DNT: sh
cc: David Harden, City Manager
Cheryl Leverett, Agenda Coordinator
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RESOLUTION NO. 110-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT
330 S.E. 3RD AVENUE, DELRAY BEACH, FLORIDA, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain property located at 330 S.E. 3rd Avenue for the purpose of
providing infill housing for municipal benefits; and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose desc:=ibed
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission o~ the City of Delray
Beach, Florida, as Buyer, hereby agrees to p~chase from Carteret
Savings Bank, F.A. , as Seller, land for infill housing for the purchase
price of One Dollar ($1,00), and other good and valuable considerations;
said parcel being more particularly described as follows:
The South 1/2 of Lot 19 and all of Lot 20, Block
88, Linn's Addi tion to Osceola Park, according to
the plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 1, Page 133.
Street Address: 330 S,E. 3rd Avenue
Delray Beach, Florida
Section 2. That the costs of closing and transactions~ title
insurance, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 3. That the terDUI and conditions contained in the
contract for sale and purchase and addenda thereto between the City of
Delray Beach, Florida, and the sellers as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the - day of
, 1992.
MAY 0 R
ATTEST:
City Clerk
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CONTRACT FOR SALE AND PURCHASE
CARTERET SAVINGS BANK, F.A., ("Seller"), of Clearwater,
Florida, and CITY OF DELRAY BEACH, a Florida municipal
corporation, ("Buyer"), hereby agree that the Seller shall buy
the following real property ("Real Property" ) upon the
following terms and conditions:
I. DESCRIPTION: The South 1/2 of Lot 19 and all of Lot 20,
Block 88, LINN'S ADDITION TO OSCEOLA PARK, according to the
plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat
Book 1, Page 133
(b) The Property's street address is: 330 S.E. 3rd
Avenue, Delray Beach, Florida.
II. PURCHASE PRICE . . . . . . . . . . . . . . . . . $1. 00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before
December 31, 1992, the deposit(s) will, at Buyer's option, be
returned to Buyer and the offer withdrawn. The date of this
Contract ("Effective Date") will be the date when the last one
of the~er and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before December
1, 1992, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 i
feet in width as to the side lines, unless otherwise specified
herein) ; taxes for year of closing and subsequent years;
assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the
foregoing and none of them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller, bit of Property is intended to be
rented or occupied beyond closing, the fact and terms thereof
'. ..
shall be stated herein, and the tenant(s) or occupants dis-
closed pursuant to standard D. Seller agrees to deliver
occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII.TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
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STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by
Seller at or before closing. Marketable title shall be
determined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If
title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title
as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence of title and to examine same, may
have r€ai:-- property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
c. Ingress and Egress: Seller warrants and repre-
sents that there is ingress and egress to the real property
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
( 15) - days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer wi thin
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further attesting
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that there have been no improvements or repairs to property for
ninety (90) days immediately preceding date of closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at closing.
F. Place of Closinq: Closing shall be held in the
county where real property is located, at the office of the
attorney or other closing agent designated by Seller.
G. Time: Time is of the essence of this agreement.
Time periods herein of less than six (6) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents for Closing: Seller shall furnish
deed, bill of sale, mechanic's lien affidavit, assignments of
leases, tenant and mortgagee estoppel letters, and corrective
instruments. Buyer shall furnish closing statement, mortgage,
mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall b~rorated through day before closing. Buyer shall have
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior .to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year~s tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year "s milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
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upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed
and ratified special assessment liens as of date of closing
(and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of
Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,
be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
L. Inspection, Repair and Maintenance: Seller
warrants that, as of ten (10) days prior to closing, the
ceiling, roof (including the fascia and soffits) and exterior
and interior walls do not have any VISIBLE EVIDENCE of leaks or
water damage and that the septic tank, pool, all major
appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDITION. Buyer may, at Buyer's
expense, having inspections made of those items by an appropri-
ately Florida license person dealing in the construction,
repair or maintenance of those items and shall report in
writing to Seller such items that do not meet the above stan-
dards as to defects together with the cost of correcting them,
prior to Buyer's occupancy or not less than ten (10) days prior
to closing, whichever occurs first. Unless Buyer reports such
defects within that time Buyer shall be deemed to have waived
Seller's warranties as to defects not reported. If repairs or
replacement are required, Seller shall pay up to three percent
(3%> of the purchase price for such repairs or replacements by
an appr"Opriately Florida licensed person selected by Seller.
If the cost for such repairs or replacement exceeds three
percent (3%> of the purchase price, Buyer or Seller may elect
to pay such excess, failing which either party may cancel this
agreement. If Seller is unable to correct the defects prior to
closing, the cost thereof shall be paid into escrow at closing.
Seller will, upon reasonable notice, provide utilities service
for inspections. Between the effective date and the closing,
Seller shall maintain property including but not limited to the
lawn and shrubbery, in the condition herein warranted, ordinary
wear and tear excepted. Buyer shall be permitted access for
inspection of property prior to closing in order to confirm
compliance with this standard.
M. Risk of Loss: If the property is damaged by
fire or other casualty before closing and cost of restoration
does not exceed three percent (3%> of the assessed valuation of
the property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to
the term so the agreement with restoration costs escrowed at
closing. If the cost of the restoration exceeds three percent
(3%) of the assessed valuation of the improvements so damaged,
Buyer shall have the option of either taking property as is,
together with either the three percent (3%) or any insurance
proceeds payable by virtue of such loss or damage, or of
cancelling the agreement and receiving return of deposit(s).
-5-
. 1;1,
N. Escrow: Any escrow agent ("Agent") receiving
funds or equivalent is authorized and agrees by acceptance of
them to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them in accordance with terms and
conditions of agreement. Failure of clearance of funds shall
not excuse Buyer's performance. If in doubt as to Agent's
duties or liabilities under the provisions of agreement, Agent
may, at Agent's option, continue to hold the subject matter of
the escrow until the parties mutually agree to its disburse-
ment, or until a judgment of a court of competent jurisdiction
shall determine the rights of the parties or Agent may deposit
with the clerk of the circuit court having jurisdiction of the
dispute. Upon notifying all parties concerned of such action,
all liability on the part of Agent shall fully terminate,
except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475, F.S. (1987),
as amended. Any suit between Buyer and Seller where Agent is
made a party because of acting as Agent hereunder, or in any
suit wherein Agent interpleads the subject matter of the
escrow, Agent shall recover reasonable attorney's fees and
costs incurred with the fees and costs to be charged and
assessed as court costs in favor of the prevailing party.
Parties agree that Agent shall not be liable to any party or
person for misdelivery to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach
of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to
perform this Contract within the time specified (including
payment~ all deposit(s)), the deposit(s) paid by Buyer may be
retained by or for the account of Seller as agreed upon
liquidated damages, consideration for the execution of this
Contract and in full settlement of any claims; whereupon, Buyer
and Seller shall be relieved of all obligations under Contract;
or Seller, at Seller's option, may proceed in equity to enforce
Seller's rights under this Contract. If, for any reason other
than failure of Seller to make Seller's title marketable after
diligent effort, Seller fails, neglects or refuses to perform
this Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) without thereby
waiving any action for damages resulting from Seller's breach.
P. Agreement Not Recordable; Persons Bound; Notice:
Neither this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
Q. Conveyance: Seller shall convey the property by
way of Quit-Claim Deed subject to an easement for any utilities
that may exist and lie on the property.
R. Other Agreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
-6-
.
.
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
S. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach Carteret Savings Bank, F.A.
By: By:
Thomas Lynch, Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rJr1
SUBJECT: AGENDA ITEM i ~ ~ - MEETING OF SEPTEMBER 22. 1992
HOLD HARMLESS AGREEMENT/ROBERT AND ANGEL WEST
DATE: September 18, 1992
This item is before you to approve a hold harmless agreement with
Robert and Angel West, owners of property at 898 N.W. 39th Avenue.
The Wests are planning to replace a fence and extend the wooden deck
adjacent to their residence. The fence and deck encroach into the
City's utility easement. By entering into this agreement, Mr. and
Mrs. West are agreeing to not hold the City responsible for any damage
or cost associated with rebuilding the fence and deck if the City
desires to perform work within the easement. In turn, the City will
allow the construction within the easement.
Recommend approval of a hold harmless agreement with Robert and Angel
West, owners of property at 898 N.W. 39th Avenue.
R ernOUw km P9Ef>DA
b'f C,'/y /lffOe/) &t -
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 20D NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIrvllLE 407/278-4755
Date: September 18, 1992
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Hold Harmless Agreement with Robert and Angel West
898 N.W. 39th Avenue
Mr. and Mrs. West are planning to replace a fence and extend
their wooden deck adjacent to their residence. The fence and
deck encroach into the City's utility easement. By entering
into this agreement, Mr. and Mrs. West are agreeing to not hold
the city responsible for any damage or costs associated with
rebuilding the fence and deck if the City desires to perform
work within the easement. The City in turn will allow the
construction of the fence and deck within the easement.
If you have any questions, please call.
----
DNT: sh
cc: David Harden, City ,Manager
Cheryl Leverett, Agenda Coordinator
westLtxt
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AGREEMENT
THIS AGREEMENT is entered into this day of
September, 1992 by and between ROBERT N. WEST, III and ANGEL E.
STEWART-WEST, hereinafter referred to as ("West"), and the CITY
OF DELRAY BEACH, a Florida municipal corporation, (hereinafter
referred to as "City"):
WHEREAS, the City maintains a utility easement on property
located at 898 N.W. 39th Avenue, Delray Beach, Florida, which
is owned by Robert N. West, III and Angel E. Stewart-West; and
WHEREAS, West is desirous of installing a wooden deck and
fence which encroaches partially onto the City's five foot (5' )
utility easement.
NOW, THEREFORE, based on the premises set forth below, the
---
parties ab-- hereby agree as follows:
1- In consideration of the sum of Ten Dollars ($10.00),
lawful money of the Untied States of America, for which receipt
is hereby acknowledged, West voluntarily and knowingly
dischar.ges the City, their employees, agents or servants and
its successors, and assigns of and from all and all manner of
action, and actions, cause and causes of actions, suits, debts,
dues, sums of money, accounts, reckonings, bonds, bills,
specialities, covenants, contracts, controversies, agreements,
promises, variances, trespasses, damages, judgments, extent,
executions, claims and demands whatsoever, in law or in equity,
which West, can, shall or may have, for, upon or by reason of
any matter, cause of thing whatsoever, from the beginning of
, .
.
the world to the day of the date of these presents, upon or by
reason of all facts and circumstances arising out of the
construction of a wooden deck and fence at 898 N.W. 39th
Avenue, Delray Beach, Florida 33445, in Palm Beach County,
Florida and we intend that this agreement shall extend in all
respects to the City's agents, employees, servants, successors,
and assigns.
2. West specifically acknowledges that the City may
demand the removal of the wooden deck and/or fence due to
construction within its utility easement. Therefore, West
voluntarily and knowingly discharges and releases the City from
any cause of action or claim for damage or loss which may
result to the wooden deck and/or fence from the City's use of
the utility easement.
3. --.]Vest warrants that no promise or inducement has been
--
made or offered for this Agreement except as herein set forth;
that this Agreement is executed without reliance on any state-
ment or representation of the City or by any agents or repre-
sentatives of the City as to the nature or extent of any
losses, injuries, or damages, or the legal liability therefor;
and that West is legally competent to execute this Agreement.
4. West further states that they have read this Agree-
ment and have reviewed it with their attorney; tha t there was
absolutely no agreement, understanding or reservation not
expressly stated herein.
IN WITNESS WHEREFORE, Robert N. West, III and Angel E.
Stewart-West have herein to set their respective hands and
2
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seals this day of September 1992 at Delray Beach, Palm
-
Beach County, Florida.
In the presence of:
Witness Robert N. West, III
(Print or type name)
Angel E. Stewart-West
Witness
(Print or type name)
CITY OF DELRAY BEACH
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 8' ...~ - MEETING OF SEPTEMBER 22. 1992
SELECTION OF ADDITIONAL EMERGENCY CONTRACTOR
DATE: September 18, 1992
This item is before you to approve the selection of an additional
emergency contractor to supply rental equipment and construction crews
during emergency situations.
At the March 11, 1992 regular meeting the Commission approved the
selection of Johnson Da vis, Inc. , Belevedere Construction, and W.
Jackson and Sons Construction to provide equipment rental and
emergency assistance services.
However, due to Hurricane Andrew there is a lack of equipment
available. Staff is therefore requesting that an additional
contractor be selected.
According to the bid tabulations used in March 1992 to select the
original companies, Ocean Bay Construction was the fourth low bidder.
Recommend approval of the selection of Ocean Bay Construction as an
additional source for rental equipment and emergency assistance.
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MEMORANDUM
TO: David T. Harden
City Manager J
THRU: William H. Greenwood .i?)I/('1
Director of Environmental Services
FROM: George Abou-Jaoude
Deputy Director of Public utilities
SUBJECT: EMERGENCY ASSISTANCE BY CONTRACTORS
BID NO. 92-17
DATE: September 15, 1992
City commission approved Award of Bid No. 92-17 to three
contractors for Equipment Rental and Emergency Assistance on
March 11, 1992 (see attached commission minutes) .
Due to Hurricane Andrew and lack of equipment, I am requesting
approval of an additional contractor who submitted a responsible
bid. The price of each emergency repair will require three
quotations before award.
Attached is the original tabulation of bids for your information.
I would like you to review this matter, and if approved, please
schedule it for the next commission agenda.
~
[/GZ . /
/ --.. .~/
George Abou-Jaoude
GA:smm
ATTS:
File: Memos to City Manager
Project No. 92-12 (D)
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Allied Universal (Calcium Hypochlorite and Sodium Hypoclorite)
in the estimated annual amount of $57,270 with funding from
Water and Sewer Lift Station Maintenance Chemicals (Account No.
441-5144-536-35.18).
4 . Lease Purchase Demo - Johnson 600 Series Street Sweeper
($2,202 per month) and Extended Warranty $2,200 - with funding
from Stormwater Utility Fund - Equipment other (Account No.
448-5416-538-60.89) .
5. Equipment Rental ~nd Emergency Assi,stance - Environmental
Services (Coop Bid with Boca Raton) - Johnson Davis, Inc. ,
Belvedere Construction, and w. Jackson and Sons Construction
with funding as required.
8.K. MOVED TO REGULAR AGENDA
Mr. Andrews moved for approval of the Consent Agenda, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes;
Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA
9.A.A. (8.A.) Renewal of Continuing Agreement with Ernst and Young.
The Commission is to consider approving the renewal, for a three year
period ending September 30, 1994, of the continuing agreement with Ernst
and Young for financial auditing services.
Mr. Andrews stated there were presentations made by the Finance
Department three years ago that he found less than acceptable. He felt
there were a number of things the Commissioners should have been made
aware of and those reports were never received. It is his opinion that
the firm of Ernst and Young has not been "upfront" with the City and he
cannot support a rehiring.
Joseph Safford, Finance Director, stated it is his opinion that
finding a CPA who is qualified to audit municipalities is not an easy
task. Ernst and Young is probably one of the best of the few firms
available in this area to accomplish this complex process. If there is
a misunderstanding regarding the information the Commission would like
to have reported to them, he feels the Commission should sit down with
the auditors and form an understanding as to the type of report or
presentation that is desired.
Paul Bremer, representing Ernst and Young, responded to Mr.
Mouw by stating that the process commences in June and the firm is
physically on the scene during July and August. He further stated that
he would be most willing to meet with the Commission, on an individual
basis, or in any manner they desire.
Dr. Alperin moved for approval of the renewal for a three year
period with Ernst and Young, seconded by Mr. Randolph. Upon roll call
-7- '3/11/92'.: ..;".
.
';EP ':i8 ' '?:: t 6 : 50 OCERN 8RY CONST INC P.O::
I
Ocean Bay
Construction, Inc.
2200 N.W. 16TH STREET
POMPANO BEACH, FLORIDA 33069
BROWARD: (305) 960-0130
C'..eorge Al:ou-Jaoude
of Delray Beach
~!'? 1st Ave.
ray Beach, Florida 33444
Annual Contract for D:!UiJ;1'l'ent :?ental & Construction ~~
For Errergency Assistance by Contractors - Bid No. 92-17
Mr. Fmu-Jaoude:
_an Bay Construction, Inc., ,rill hereby agree to the original bie. quote suJ::rr-itted
0 February 19, 1992, in reference to the al:ove project.
you have any further questions, please do not hesitate to contact Me.
truly yours,
WAT R . SEWER. DRAINAGE. CONCRETE. GRADING. PAVING. PARKING. STREET. HIGHWAYS
, .
. .
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERm
SUBJECT: AGENDA ITEM. if[ - MEETING OF SEPTEMBER 22. 1992
REOUEST FOR FINAL PAYMENT/RPM CONSTRUCTION CO. . INC.
DATE: September 18, 1992
We have received a request for final payment in the amount of
$10,265.43 from RPM Construction Company, Inc. for completion of the
Pompey Park Pressbox project.
Staff has reviewed this project and found it to be satisfactorily
complete.
Recommend approval of the final payment to RPM Construction Company,
Inc. , for completion of the Pompey Park Pressbox project, in the
amount of $10,265.43 with funding from Community Development - Pompey
Park Improvements (Account No. 118-1962-554-60.20).
, .
.
. [gJ~[Q)
A P P L I CAT ION AND C E R T I F I CAT E FOR PAYMENT ~U1""'\ Paqe 1
._-----.-~------------------------------------------------------------------------------.-----------------------.---.--------------
ro' : POMPEY PARK PROJECT : POMPEY PARK APPLICATION NO: 2
100 NW 1ST AVE
DELRAY BCH FL 33444 VIA ARCHITECT: DAVID R, MILLER A.I,A, PERIOD TO: 8 /12/92
FROM CONTRACTOR: RPM CONSTRUCTION CO, INC PROJECT NO : 9H01 DISTRIBUTION TO:
220 LOCK ROAD [ 1 OWNER
DEERFIELD BEACH [ I ARCHITECT
Fl., 33H2 [ i CONTRACTOR
[ I
':ONTRACT FOR : POMPEY PARK rONfRACT DATE: 4122/92 [ I
--------------------------------------------------------------------------------------------------------------------------------.-
, 0 N f R ACT 0 R ' S A P P L I CAT ION FOR PAY MEN T
III CHANGE ORDERS III Application is aade for payment, as shown below, in connection
PLEASE SEE THE ATTACHED CHANGE ORDER SUMMARY, with the Contract, A contInuation sheet is attached.
e undersigned Contractor certifies that to the best of the 1, ORIGINAL CONTRACT SUM.",.,...."...,..... $ 29,379.00
"trjeter's knowledge, information and belief the Work covered
"J chiS Application for Payment has been completed in accordance 2. Net change by Change Orders....."........ $ 1,001.00
.lch the rontract Documents, that all amounts have been paid by -~---------------
the Contractor for Work tor which previous Certificates for 3. CONTRACT SUM TO DATE..".".""",,,.,,,, S 30,380,00
~ayment were issued and payments received frol the Owner, and
that current paYI~ shown herein is now due. 4. TOTAL COMPLETED & STORED TO DATE".,...,.. ~ 30,380.00
CrION CO, INC 5. RETAINAGE:
a. .00 % of Completed ~ork S .00
y-/1Jit b. ,00 % of Stored MaterialS ,00
; y: Date: Total Retainage....,.,..."....,......,... $ ,00
County of: ~'t \"- &Cl-CL~ b. TOTAL EARNED LESS RETAINAGE.......,......, $ j0,380,00
:ubscribed and sworn to before me this/l day of A"1f5tI9t:J~ 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT.... $ 20,114.57
cary Public, ~ ~ c! 6 4-v1-;? 8. (URRm PI y,g'f nUE"" " " " " . " " " ." ;___m ;;:;; ;:;;-
COlllssloo ",ires, 5 1:1-1 /1 t 9. 8AL1NCB Tn 11NISR, PLns RSTAlHIGB..""". S .80
J;=,('C!-o/5 65
-----------------~---------------------------------------------------------------------------------------------------------------
R CHI T E C T ' S C E R T I F I CAT E FOR PAY MEN T
[0 accordance with the Contract Doculents, based on on-site I'nm mmm.""""".""""."..".< _ <f. four: 'f 3
jbservations and the data cOlprisinq the above application, (Attach explanation if alouot certified -- - ______.1_ .
'he Architect certifies to the Owner that to the differs from the amount applied for, I
lest of the Architect's knowledge, inforlation and
lelief the Work has progressed as indicated, the quality of
:he Work is in accordance with the Contract Doculents, and n.r.,~'2
.be Contractor is entitled to payment of the AMOUNT CERTIFIED,
By:
This ificate is not negotiable, The AMOUNT CERTIFIED is
payable only to th~ntractor naled herein. Issuance, payment
AU6 l t) I: and acceptance of pa lent are without prejudice to any rights
, of the Owner or Co tractor under this Contract.
---------------~------------------------------------------------------------.-----------------------------------------------------
.'.
"
.
A P P LIe A T ION AND C E R T I FIe ATE FOR P A 1 MEN T Page la
-----------------------------------------------------------------------------------------------------------------------------------
TO OWNER : POMPEY PARK PROJECT : POMPEY PARK APPLICATION NO: 2
100 Hi 1ST AVK
DELRAY BCH n 33444 VIA ARCHITECT: DAVID R. MILLER A.I.A. PERIOD TO: 8/12/92
FROM CONTRACTOR: RPM CONSTRUCTION CO. INC PROJECT NO : 91-901 DISTRIBUTION TO:
220 LOCK ROAD [ I OWNER
DEERFIELD BEACH [ ] ARCHITECT
fL, 33442 [ ] CONTRACTOR
[ 1
CONTRACT FOR : POMPEY PARK CONTRACT DATE: 4/22/92 [ I
-----------------------------------------------------------------------------------------------------------------------------------
CHANGE o R D E R SUMMARY
-------------------------.------------------.-------------------
,Change Orders I ADDITIONS , DEDUCTIONS I
japproved in previous 1 I I
Imonths by Owner. I I I
I TOTAL I .00 I .00 I
----------------------------------------------------------------
I Approved this lonth , 1 I
1----------------------1 I I
I NUlber IDate Approvedl I 1
1----------------------1 I I
I co 1 I 8/12/92 I 1,001.00 I I ELECTRIC SERVCIE
-----------.---------------------------.------------------------
I TOTALS , 1,001.00 I .00 I
----------------------------------------------------.-----------
I Net change by I ,
I Change Orders I 1,001.00 I
----------------------------------------------------------------
.
AUG , tl \:,' ,
, .
. .
Application Number: " - - - - CON 1 I N U A T ION SHE E T - - - - Page 2
<.
'""lication Date: 8/12192 FOR
Period To : 8/12/92 POHPKY PARK
rchitect's Project No.: 91-901
SCHEDULED (----- WORK COMPLETED ----) STORED TOTAL COHPLKrED BALANCE
['EM VALUE PREVIOUS APPL THIS PERIOD MATERIALS & STORED TO DATE PCT TO FINISH RnAINAGE
(c I (d) {e l ( f l {g l ( hI ( i I
-----~-------------------------------------------------------~---------------------------------------------------------------------
1 BOND 750,00 750.00 750.00 100.00
2 INSURANCE 480.00 480.00 480.00 100.00
~ GENERAL REQUIREKENTS 3,700.00 2, 77 5 , 00 925.00 3,700.00 100,00
4 MOBILIZATION/SURVEY 911.00 911.00 911.00 100,00
\ DEMO L I rr 0 N 940.00 940.00 940.00 100.00
CONCRETE 215.00 215.00 215.00 100.00
STAIRS 870.00 810,00 870.00 100.00
J FLOOR FRAMING 2,770.00 2,770.00 2,770,00 100.00
1 WALLS FRAMING 1,440.00 1,440.00 1,440.00 100.00
) ROOF FRAKE TRUSS 1,500.00 1,500.00 1,500.00 100.00
nECK 312,00 311.0'j 312.00 100.00
ROOYING 3, 145 .00 1,258.00 1,887.00 3,145.00 100.00
fRANE/DOOR/HARDWARE 340.00 340.00 340.00 100.00
1 HNDOi 4,335.00 4,335.00 4,335,00 100.00
'I
S STUCCO 1,680.00 1,680.00 1,680.00 100.00
6 DRYWALL 43 8, 00 306.60 131.40 438,0~ 100,00
7 CABINETS 1 , 155 . 00 1,155.00 1,155.00 100.00
8 HINT 1,106.00 1,106.00 1,106.00 100.00
9 , "T 320,00 320,00 320.00 100.00
0 1,668.00 1,401.12 266.88 1,668.00 100.00
1 KLECTRICAL 1,304.00 912,80 391.20 1,304.00 100,00
o 1 ELECTRIC SERVICE 1,001.00 1,001.00 1,001.00 100.00
~GE fOTALS :
-------------- ------------- ---------.--- ------------- ------------- -------------
30,380.00 21,199,52 8,580.48 .00 30,380,00 .00
)8 TOTALS :
-----.-------- ------------- ------------- ------------- ------------- -.......-----.......-
30, 380 ,00 21,799.52 8,580.48 .00 30,380.00 ,00
AUG I (j : ,
..
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: Qrf)'CITY MANAGER
SUBJECT: AGENDA ITEM i ~:J: - MEETING OF SEPTEMBER 22. 1992
CHANGE ORDER NO. 3 AND REOUEST FOR FINAL PAYMENT/RIC- MAN
INTERNATIONAL. INC.
DATE: September 18, 1992
This is a change order in the amount of $13,860.40 to the contract
with Ric-Man International, Inc. for the 1611 Transmission and
Subaqueous Crossing project. This change order represents final
plus/minus as-built quantity adjustments to the unit price contract.
Additionally, we have received a request for final payment from Ric
Man, Inc. in the amount of $38,840.90. Staff has reviewed this
project and found it to be satisfactorily complete.
Recommend approval of final closeout Change Order No. 3 to the
contract with Ric-Man International, Inc. in the amount of $13,860.40
and approval of the request for final payment in the amount of
$38,840.90; with funding from 1991 Water and Sewer Revenue Bond - S.E.
1st From U.S. 1 - Intracoastal (Account No. 447-5174-536-61.41).
".
,
A
. '
CHANGE ORDER FORM
CI'IY OF DELRAY BEACH
16-INCH TRANSMISSION AND SUBAQUEOUS WATER MAIN
CHANGE ORDER NO.3 - FINAL
DATE: June 3, 1992 CONTRACfOR: Ric-Man International. Inc.
OWNER: City of Delray Beach AGREEMENT DATE: April 5. 1991
The following changes are hereby made to the CONTRACf DOCUMENTS:
Original CONTRACf PRICE $423.020.50
Current CONTRACf PRICE ADJUSTED by previous CHANGE ORDER $543,841.83
Net (Increase) (Deerease) Resulting from this CHANGE ORDER $ 13,860.40
The current CONTRACf PRICE including this CHANGE ORDER $557,702.23
ORIGINAL CONTRACf TIME Days 160
Current CONTRACf TIME adjusted by previous CHANGE ORDERS Days 160
Net (Increase) (Deerease) Resulting from this CHANGE ORDER Days 6
Current CONTRACf TIME Including this CHANGE ORDER Days 166
CHANGES ORDERED:
I. GENERAL
This change order is necessary to cover changes in the work to be performed under
this Contract. The GENERAL CONDITIONS, SUPPLEMENTARY
CONDmONS, SPECIFICATIONS and all parts of the Project Manual listed in
Article 1, Definitions, of the GENERAL CONDmONS, apply to and govern all
work under this change order.
Change Order No. 3 - Final
Change Order Form Page 1 of 6
'.
H. REQUIRED CHANGES
ITEM A) Sta. 5 + 36, 7 Ft. Lt. Add.
1 Fire Hydrant Assembly Unit Price Item No. 17 @ $1,500.00 Ea. = $1.50(,
1 - 16" x 6" Tapping Sleeve & Valve @ $4,700.00 Ea. = 4.700.00
Deduct for Combination of Above Two Items ($1,000 Ea.) = ( 1,000.00)
16 S.Y. of Asphalt Restoration Unit Price Item No.4
@ 18.00/S.Y. = 288.00
TOTAL $ 5,488.00
ITEM B) Sta. 9+06, 14 Ft. Rt. Add.
1 Fire Hydrant Assembly Unit Price Item No. 17 @ $1,500.00 E a. = $1.500.00
1 - 10" Tapping Sleeve and Valve Unit Price Item No. 14
@ 3,400.00 Ea. = 3,400.00
Deduction for Combination of Above Two Items @ (1,000.00) Ea. = ( 1.000.00)
10 S.Y. Asphalt Restoration Unit Price Item NO.4 @ 18.00/S.Y. = 180.00
10 S.Y. Sod Restoration Unit Price item No.6 @ 3.70/S.Y. = 37.00
TOTAL $ 4,117.00
ITEM C) Sta. 15 + 55, 4 Ft. Rt. Add.
1 - 8" Tapping Sleeve & Valve @ 3,000.00 = $ 3,000.00
(.33 TN) 1 - 16" x 8" Tee & 8" 90 degree Bend @ 3,OOO.00/T.N. = 990.00
18" S.Y. Asphalt Restoration Unit Item Price No.4 @ 18.00/S.Y. = 324.00
TOTAL $ 4,314.lJ~
ITEM D) Add Air Release Assembly
.68 T.N. of Additional Fittings @ 3,OOO.00/T.N. = $ 2,040.00
1 Air Release Assembly Unit Price Item No. 16 @ 4,700.00 Ea. = 4.700.00
TOTAL $ 6,740.00
ITEM E) Add Connection to 8" Water Line
1 - 16" x 8" Cross @ 752.40 Ea. = $ 752.40
2 - 8" Gate Valves @ 392.12 Ea. = 784.24
2 - 8" Plugs @ 61.30 Ea. = 122.60
2 - 16" Gripper Rings @ 85.92 Ea. = 171.84
9 Hours Labor & Equipment @ 372.00/Hr. = 3,348.00
9 Hours Dewatering @ 93.94/Hr. = 845.50
30 S.Y. Asphalt Restoration Unit Price Item No.4 @ 18.00/S.Y. = 540.00
20% O&P @ 1,312.92 = 1.312.92
TOTAL $ 7,877.50
Change Order No. 3 - Final
Change Order Form Page 2 of 6
tm:DBl:C02lSTM.FRM
.
ITEM F) Change 10" Cut-In Valve to 10" T.S. & V.
F&I 10" TS&V at Station 11+90 $ 3.400.00
Insta1l10" 900 Bend & G.V. for Tap Access 800.00
Pipe Cut & Sleeve Installation (300.00)
TOTAL $ 3,900.00
ITEM G) Station 24+ 77
Unfeasibility of Installing Butterfly Valve M.H. (846.00)
TOTAL (846.00)
GRAND TOTAL $31,636.50
For the sake of clarity, the above items will not be included in the following balance of unit price
items. The monitary value of these items will be added to the balance totals to show the
completed contract price.
Change Order No. 3 - Final
Change Order Form Page 3 of 6
rm:DB1:C021STM.FRM
, .
,
BALANCE OF CONTRACf QUANTITIES
Payment Plan Actual Balance
Item No. Unit Price Ouantity Ouantity Amount
1. Additional Excavation 2.50 750 CY 650 CY $ 1,625.00
2. Additional Backfill 2.50 1,764 CY 564 CY 1,410.00
3. Rock Excavation 10.00 300 CY 150 CY 1.500.00
4. Asphaltic Pavement and 18.00 2,548 SY 1,908 SY 34,344.00
Restoration
5. Sea Wall, Wood Dock, Pavement 4,000.00 lLS lLS 4,000.00
6. Sodding 3.70 75 SY 192 SY 710.40
7. 16" Class 57 B. & S. DJ.P. 84,000.00 1 LS 1LS 84,000.00
8. Two 4" PVC Conduit (Southern 15,500.00 1LS 1LS 15,500.00
Bell )
9. 16" D.I.P. Class 52 w/Fittings 60.00 1,019 LF 1,019 LF 61,140.00
.
10. 16" Rest. D.I.P. Class 52 116.00 939 LF 939 LF 108,924.00
w /Fittings
11. 16" B.F. Valve & Box 1,800.00 2EA 3EA 5,400.00
12. 16" B.F. Valve in M.H. 2,000.00 1 EA 1 EA 2,000.00
13. 10" G.V. & Box 1,000.00 1 EA 1 EA 1,000.Ou
14. 10" T.S. & Valve 3,400.00 1 EA 1 EA 3,400.00
15. 5' Diameter Manhole 1,700.00 2EA 2EA 3,400.00
16. Air Release Assembly 4,700.00 3EA 3 EA 14,100.00
17. Fire Hydrant Assembly 1,500.00 2EA 1 EA 1,500.00
18. Sheet Piling Left in Place 41,000.00 1 LS 1LS 41,000.00
19. Mobilization 10,780.00 1LS 1 LS 10,780.00
20. Geotec. & Materials Allowance 6,000.00 1 LS 1LS 3,807.00
21. Rock Excavation (Waterway) 16.50 300 CY 300 CY 4,950.00
22. Polyethylene Encasement 1.00 800 LF 800 LF 800.00
Actual Quantity Total $405,290.40
Change Order No. 3 - Final
Change Order Form Page 4 of 6
tm:DBl:C02lSI'M.FRM
.
III. JUSTIFICATION
Items ~ B, C, E, and F were requested by the City. Item D is a change required by an existing
utility field condition encountered and verified by Jim Morris (PBS&J) and Howard Wight (City
- of Delray Beach). Item F is a credit, as existing utility's proximity would not allow installation of
the manhole.
Items 1 through 22 reflect the difference in plan quantities and actual quantities.
IV. PAYMENT
$ 5,488.00 Item A Agreement. PBS&J, Ric-Man, and City (see letter of 8/8/91).
4,117.00 Item B. Letter dated 6/21/91.
4,314.00 Item C. Letters dated 6/21/91 and 7/3/91.
6,740.00 Item D. Letter dated 7/11/91.
7,877.50 Item E. Letter dated 8/1/91.
3,900.00 Item F. Letter dated 9/24/91.
(846.00) Item G. Letter dated 9/12/91.
$ 31,59050 TOTAL A through G.
$423,02050 Items 1 through 22 per Contract.
405.290.40 Items 1 through 22 installed.
( 17,730.10) Difference Contract/Installed.
- + 13,860.40 TOTAL PROPOSED CHANGE ORDER NO.3
Actual Quantity Total $405,290.40
Change Order No. 1 112,852.00
Change Order No.2 7,969.33
Proposed Change Order No. 3
("A" through "G") 31.590.50
SUBTOTAL $557,702.23
TOTAL AClUAL CONTRACT PRICE $557,702.23
- Change Order No. 3 - Final
Change Order Form Page 5 of 6
tm:DB1:C02151M.FRM
CONTRACTOR PAY REQUEST
-------------------------
ONTRACTOR RAKE: RIC-KAN INTERNATIONAL, INC. PROJECT NAKE: 16-INCH TRARSKISSIOR AND
DDRESS: 2601 NW 48TH STREET SUBAQUEOUS VATER KAIR
POKPARO BEACH, FLORIDA 33013 -
....---
FROK: April 1, 1991 TO: April 15, 1992
ESTIKATE MO: 6-Final PAGE 2 OF 5
:================.=======================================z==::::::::::::::::::::::::::::::::::::::::::::::::==::::::::::::::::::
InK ITEK UMIT PLAM QUARTITnS $ AKOUNTS
RO DESCRIPTIOR URIf PRICE QUANTITY PREVIOUS CURRERT fO DUE TO DAn
===============================:===============================a=====.========================================::::::::::::::::::
19, KOBILIZAfIOR LS 10,780.00 1 10n n 100\ 10,180.00
20, GEOTECH & KAT TESf ALLOWARCE LS 6,000.00 1 63.45\ 0\ 63.451 3,807.00
21. ROCK EXCAVAfION (CONST OF WATERWAYj CY 16,50 300 300 0 300 4,950.00
22. POL Y nCASEKERT LF 1. 00" 800 800 0 800 800.00
-- CIO RO, 1 - OLD SCHOOL SQUARE 0 0 0 0.00
WAfERKAIR
1. 8' DIP WK LF 24.00 1036 950 86 1,036 24,864.00
2, 6" DIP WK LF 24,00 20 46 (26) 20 480.00
3, 8" RS GV VlBOI EA 625,00 6 6 0 6 3,750.00
4. 6" RS GV VlBOX EA 550,00 2 2 0 2 1,100.00
5- 8" I 6" KJ REDUCER KA 300.00 1 1 0 1 300.00
6, 6' KJ Tn KA 325.00 2 1 1 2 650.00
1. 2' POLY SERV WllITTIRGS LF 21. 00 138,5 165 (26.5) 139 2,908.50
8. FH I/FIT, GV, PIPE EA 1,750.00 2 2 0 2 3,500,00
9. RBLOCAfE MEnR EA 310.00 4 4 0 4 1,240.00
10, SAMPLE POIRTS EA 154.00 6 5 1 6 924.00 -
11. HYDRAlT KErER L5 1. 00 1 1 0 1 1.00 -
12, 2" IK CORRECT TO EIIST REV LS 330.00 1 1 0 1 330.00 ..r,
13. 8' I 8" KJ CROSS KA 350.00 1 1 0 1 350.00
14, 10" I 8" TAPPIRG TEE EA 3,000.00 1 1 0 1 3,000.00
15. 8" KJ 45 DEGREE BERDS EA 350.00 3 0 3 3 1,050.00
16. 8" TAPPED CAPSIPLUGS EA 270.00 3 2 1 3 810,00
17. 561 OF RESTORATION LS 8,660,12 1 1001 01 1001 8,660,12
-"
.
CONTRACTOR PAY REQUEST
-------------------------
:ONTRACTOR NAKE: RIC-KAN INTERNATIONAL, IRC, PROJECT NAKE: 16-INCH TRANSKISSION AND
\DDRB~S : 2601 NI 48TH STREET SUBAQUEOUS lATER KAIN
POKPANO BEACB, FLORIDA 33073
FROK: April 1, 1991 TO: April 15, 1992
ESTIKATE NO: 6-Final PAGE 3 OF 5
================================================================================================================================
InK ITBK UNIT PLAN QUANTITIES S AKOUNTS
NO DESCRIPTION UNIT PRICE QUANTITY PREVIOUS CURRENT TO DAn TO DATE
===========================================================================================================:====================
SANITARY SEVER
18. KB 0/6 EA 1,500,00 2 2 0 2 3,000.00
19. KB 6/8 EA 2,400,00 1 1 0 1 2,400.00
20. REKOVE EXISTING KB EA 600.00 3 3 0 3 1,800.00
21. CONNECT TO EXIST SEIER EA 700,00 4 3 1 4 2,800.00
22, 6' PVC 0/6 LF 21.00 80 93 ( 131 80 1,680.00
23, 6' DIP 0/6 LF 32.50 29 20 9 29 942,50
24. 8' PVC 0/6 LF 26,00 348 320 28 348 9,048.00
25. 8' PVC 6/8 LF 28.00 173 153 20 173 4,844,00
26. CONNECT EXISTING SAN SEVER EA 400.00 13 13 0 13 5,200.00
27. CLEAN OUTS EA 150.00 4 13 ( 91 4 600.00
28. 34\ OF RESTORATION LS 5257.93 1 100\ 0\ 100\ 5,251.93
STORK SEVER
29. INLET TYPE C EA 525.00 9 8 1 9 4,725.00
12' RCP LF 21.00 504.5 542 (37.50) 505 10,594.50
15' RCP LF 22,00 158 108 50 158 3,476.00
32. TIE-IN TO EXIST DRAINAGE EA 340,00 3 2 1 3 1,020,00
33. 10\ OF RESTORATION LS 1,546.45 1 100\ 0\ 100\ 1,546.45
-- C/O 2 - 8' VK ON KCFARLANE LS 7,969.33 1 100\ 0\ 100\ 7,969.33
--------.-----------------------------------.----------------------------------------------------------------------------.-.----
, .
CONTRACTOR PAY REQUEST .
-----------------------.-
:OHrRACTOR RAKE: RIC-KAR IRTERRATIORAL, INC, PROJECT NAKE: 16-INCH TRARSKISSrOR ARD
~DDRESS : 2601 NV 48TH STREET SUBAQUEOUS VATER KAIN
POKPANO BEACH, FLORIDA 33013 ~
FROM: April 1, 1991 TO: April 15, 1992
ESTIKATE MO: 6-Final PAGE 4 OF 5
=:=====:==:=======:================================================:============================:================:==:=::==:===::
ITEK lTEK UNIT PLAM QUARTITIES $ AKOUNTS
NO DESCRIPTION UNIT PRICE QUANTITY PREVIOUS CURRERT TO DUE TO DAn
=:======================================================:===:=:=:==::==:=:=:==:==:===::=:======::==:=====:=:===:=::=:=:===:==:::
-- CHARGE ORDER RO, 3
A. STA 5~36, 7 fT. LT. ADD.
1 FH ASSEKBLY @ 1,500.00
1 16' I 6' fS&V @ 4,700.00
DEDUCT FOR COKB @ (1,000.001
16 SY ASPHALT @ 18,00/SY : 288.00 5,488.00
B, Sf A 9~06, 14 rT, Rf. ADD,
1 FH ASSEKBLY @ 1,500.00 .
1 10' TS&V f 3,400,00
DEDUCT FOR COKB f (1,000,00)
10 SY ASPH RIST @ 18.00/SY : 180.00
10 SY SOD RIST @ 3,70/SY : 37.00 4, 117 . 00
C, STA 15~55, 4 !T, RT. ADD.
1 8' TS&V @ 3,000.00
1 16' I 8' TII & 8' 90 (.33 TMS) @ 3,000.00/TR : 990.00
18 SY ASPH RIST @ 18,00/SY : 324,00 4,314,00
---------.-------.--.----------.---------------.---------------------.-------------------------------------.--------------------
. , CONTRACTOR PAY REQUEST
-------------------------
:ONfRACTOR RAKE: RIC-KAN INTERNATIONAL, INC. PROJECT NAKE: 16-INCH TRANSKISSION AND
\DDRESS: 2601 NW 48TH STREET SUBAQUEOUS VATER KAIN
POKPANO BEACH, fLORIDA 33073
fROK: April 1, 1991 TO: April 15, 1992
ESTIKATE RO: 6-final PAGE 5 Of 5
================================================================================================================================
rrEK ITEK UUT PLAN QUANTITIES S AKOURrS
NO DESCRIPTION UUT PRICE QUARTIn PREVIOUS CURRENT TO DATE TO DATE
================================================================================================================================
CHARGE ORDER NO. 3 (CORT, l
D. ADD AIR RELEASE ASSEKBLY
.68 TNS Of ADDITIORAL fITTINGS @ 3,000.00/TN = 2,040.00
1 AIR RELEASE ASSEKBLY @ 4,700,00 6,740.00
E. ADD CONR TO 8" WATER LIRE
1 16" I 8" CROSS @ 752,40 EA
2 8" GV @ 392,12 EA = 784,24
2 8" PLUGS @ 61.30 EA = 122.60
2 16' GRIPPER RIRGS @ 85.92 EA = 171.84
9 HRS LABOR & EQUIP @ 372,00/HR = 3,348.00
9 HRS DEWATERIRG @ 93,94/HR = 845,50
30 SY ASPH REST @ 18.00/SY = 540.00
20\ O&P @ 1,312.92 7,877.50
f. CHARGE 10" CUT-IN VALVE TO 10" TS&V
1 10" TS&V @ STA 11+90 @ 3,400.00
1 10' 90 BEND & GV fOR TAP ACCESS @ 800.00
1 PIPE CUT & SLEEVE INSTALLATION @ (300.00) 3,900.00
G. Sf! 24+77
UNfEASIBILITY Of INSTALLING BV KH @ (846,001 (846,00)
-------------------.----------------------------------------------------------------------------------.----.--------------------
TOTAL TO DATE 557,702.23
,.,.
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. . .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER pM
SUBJECT: AGENDA ITEM it f ~ - MEETING OF SEPTEMBER 22. 1992
PLANNING AND ZONING BOARD RECOMMENDATION/UNIVERSITY PARKWAY
DATE: September 18, 1992
This item is before you to endorse the Planning and Zoning Board
recommendation that the City oppose proposed changes to the Broward
County Plan regarding the alignment of University Parkway, a proposed
traffic arterial which is to extend from the Sawgrass Expressway in
Broward County to either Atlantic Avenue or Flavor Pict Road in Palm
Beach County.
Currently, Broward County is contemplating changes to the alignment of
the University Parkway, which will affect the alignment in Palm Beach
County. The Palm Beach County Board of Commissioners reviewed the
proposed amendment at their September 15, 1992 meeting. While no
official action was taken, the Board of Commissioners directed their
Engineering Department not to work further with Broward County on the
realignment issue.
This item is scheduled for Planning and Zoning Board action on
September 211 1992. Due to the need to have official City comments by
the September 24, 1992 hearing date in Broward County, the item has
been placed on the agenda prior to Planning and Zoning Board action.
Staff's recommendation to the Planning and Zoning Board is that formal
opposition be made to Broward County regarding their proposed
amendment and, further, that a request be made to the Palm Beach
County Board of County Commissioners that consideration be given to
the deletion of the Uni versi ty Parkway for the County Thoroughfare
Plan. Additionally, staff recommends that a copy of the final
recommendation be sent to the Metropolitan Planning Organization,
Treasure Coast Regional Planning Council and Department of Community
Affairs.
A verbal report of the Planning and Zoning Board's decision will be
made at Tuesday evenings meeting. A detailed staff. report is attached
as backup material for this item.
Recommend endorsement of the Planning and Zoning Board recommendation
that the City oppose proposed changes to the Broward County Plan to
extend the University Parkway.
'R~mouw feom C.o()S~ ~ O~ AlpE.e.in - nJIt/l ~, J9/l. ~
!J71()V(..(:f.. t:c- U- . / u. ,," ^ ~
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t.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~~ c~
: ,." '_ '(j/e'L8.
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 22, 1992
ENDORSEMENT OF P&Z BOARD RECOMMENDATIONS REGARDING
CHANGES TO BROWARD COUNTY PLAN RE UNIVERSITY PARKWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
endorsement of a Planning and Zoning Board recommendation
which will result in letters of opposition being filed with
Broward County and Palm Beach County.
The subject is proposed modifications to University Parkway
alignment between Broward and Palm Beach Counties.
BACKGROUND:
Please review the attached Planning and Zoning Board staff
report for description and details. In essence, Broward County
is contemplating changes to the alignment which will affect the
alignment in Palm Beach County. Broward sought comments from
the the Palm Beach County BOCC. Thus, the item was brought to
our attention.
Based upon City Commission direction to the Administration to be
watchdog on such matters, the subject is being brought forward
for official City comment.
The staff recommendation' is that formal opposition be made to
Broward County regarding their proposed amendment and, further,
that a request be made to the Palm Beach County BOCC that
consideration be given to the deletion of the University Parkway
from the County Thoroughfare Plan. And that copies be provided
to Palm Beach County BOCC, the MPO, TCRPC, and DCA.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, September 21st. Due to the need to have
official City comments by September 24th hearing date in Broward
County, the item has been placed on this City Commission agenda.
,."
.
, . . .
City Commission Documentation
Meeting of September 22, 1992
Endorsement of P&Z Board Recommendations Regarding
Changes to Broward County Plan Re University Parkway
Page 2
RECOMMENDED ACTION:
By motion, endorsement of the Planning and Zoning Board
recommendation with direction to the Administration to send the
referenced letters.
Attachment:
* P&Z Staff Report & Documentation of September 21, 1992
DJK/T:CCUNIV.DOC
'.
. . . .
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 21, 1992
AGENDA ITEM: VI . D . Consideration of Amendment to the Broward
County Plan Re Alignment of Proposed University
Parkway
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a proposed
amendment to the Broward County Trafficways Plan. This
amendment deals with the alignment (and hence existence of)
the proposed University Parkway.
BACKGROUND:
University Parkway is a proposed traffic arterial which is to
extend from the Sawgrass Expressway in Broward County to either
Atlantic Avenue or Flavor Pict Road in Palm Beach County.
The City of Delray Beach has expressed concern about the
existence of such a corridor. While the corridor remains on the
Palm Beach County Thoroughfare Map, there is some qualifying
language which relates to its tentative status. Further, the
Palm Beach Board of County Commissioners has questioned the need
to have such a facility.
A proposed amendment to the Broward County Plan was reviewed at
the Palm Beach BOCC meeting of September 15th. While no
official action was taken, the BOCC directed their Engineering
Department not to work further with Broward County on any
re-alignments.
Since, this item also affects Delray Beach, it appears
appropriate that the City write a formal letter of opposition.
ANALYSIS:
Attached is the information provided at the BOCC worksession. I
note that on page two of the report, the following:
1. The modeling data referred to in paragraph two of item X I
may not be accurate given problems which have been
witnessed in application of the Palm Beach County traffic
model and reported inconsistencies among data from the
Traffic Division, the Planning Division, and the former
Countywide Planning Council. This situation may give more
support to the Keller Report which appears to be at odds
with the FDOT conclusions.
--VI. D.
I".
. . . .
P&Z Memorandum Staff Report
Consideration of Amendment to the Broward County Plan
Re Alignment of Proposed University Parkway
Page 2
2. The additional roadways appear to be a solution to meeting
deficiencies in projected levels of service. This type of
solution is simply that of continuing urban sprawl. No
alternatives have been addressed. This type of solution is
counter to the City of Delray Beach attempts to discourage
sprawl by focussing development and redevelopment to the
east.
Proceeding with alignment changes and additions to a projected
roadway whose existence in Palm Beach County is tentative and is
inappropriate. Even talking about such alignments gives
credence to a project which is not yet formally programmed.
Given the above, it would be appropriate to formally oppose the
proposed amendments to the Broward County Trafficways Plan; and,
further, to request to the Palm Beach County BOCC that
consideration be given to deleting University Parkway from the
Palm Beach County Thoroughfare Plan.
ALTERNATIVE ACTIONS:
1. Do not act on this subject in that it does not have a
direct bearing upon land use planning in Delray Beach.
2. Recommend that while opposition is to be made to the
Broward County proposal, that no comment be made to Palm
Beach County BOCC at this time.
3. Recommend that formal opposition be made to Broward County
regarding their proposed amendment and, further, that a
request be made to the Palm Beach County BOCC that
consideration be given to the deletion of the University
Parkway from the County Thoroughfare Plan.
RECOMMENDED ACTION:
By motion,
Recommend that formal opposition be made to Broward County
regarding their proposed amendment and, further, that a
request be made to the Palm Beach County BOCC that
consideration be given to the deletion of the University
Parkway from the County Thoroughfare Plan.
And that copies be provided to Palm Beach County BOCC, the
MPO, TCRPC, and DCA.
Attachments:
* Broward County Planning Council letter of August 19, 1992
Report Prepared By:
" .
.. r~
BROW ARD COUNTY PLANNING coliNCiL
115 SOUTH ANDREWS AVENUE, ROOM 307, FORT lAUDERDALE, FLORIDA, 33301
.\ AUG 25"199,
tjv~~
'L .
C~ i
,\J August 19, 1992 f RECE\VED \
AU6 26 1992 ;
Mr. Bob Weisman ~
Pam Beach county 1Idmini.strator p~~' ,:'~i~ JW1s\OP(
ro Box 1989 .c:.,>>t~"'J ilol'_
West Pam Beach, FL 33402
Dear Mr. Weisman:
Re: Proposed AIrerrlroonts to the Broward County Trafficways Plan
On September 24, 1992, at 9:30 a.m. in Roan 422 of the County Governroontal
Center, the Broward County Plann.irq Council is tentatively scheduled to hold a
p..1blic hearirq on a:merXhnents to the Broward County TraffiaYclys Plan wch may
affect Pam Beach county's adopted CC8l'prehensive plan. '!he prcposed chan;Jes
are as follows:
Realigrnnent am Reduction to 240 feet of University Parkway/Sa~
Expressway Extei1siOJl32S foot trafficway in the cities of COral
Sprin;Js am Parklam ani the Unincorporate:i Area.
Realigrnnent of Pine Islarrl Road 120 foot trafficway between the Palm
Beach Camty Line ani the Sa~. Expressway in the City of
Parklam am the Unincorporated Area. i
Realignment of Nob Hill Road 120 foot trafficway between the
Sawgrass Expressway am University Drive in the cities of COral
SprinJs an:! Parklan:! am the unincorp:>rated Area.
Deletion of Nob Hill Road 110 foot traffiaYclY l:etween oorth of the
University Parkway/Sa~ EKpressway EXtension to Nob Hill Road in
the Unincorporated Area.
Enclosed are backgrourxi materials for the alrerrlments.
'Ib ensure the p:I'Op'JSErl a:merXhnents do not adversely inpact the county r S adopted
CCI11?rehensive plan, the Plann.irq council requests the County review the
enclosed materials am forward any written canments regarclirg the prqx:lSed
arreJ'rlIrents to the COUncil no later than Wednesday, September 9, 1992.
Additional cc:mrents may be provided at the PlanJ"lirq Ca.1Ix:il' s p.lblic hearirg.
Telephone: (305) 357-6695
Fax: (305) 357-6694
.
-
,,;.
Mr. Bob Weisman
August 19, 1992
Page 2
If you have any questions in this regard, please contact Ms. Elizabeth Ledet
of Council staff.
.
Sincerely, ~
~-~
Michael D. Wanchi.ck
Administrator
M[M:ell
Enclosures
cc: 'Ihe Honorable Karen Marcus
~. Kristin Kern, Plannirq, Buildi.rq an:i Zonin:] Director
Mr. Rarrly Whitfield, M:J;O Director
Mr. George WelD, County Erl;Jineer
-
".
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~ axJNlY '1RAFFIOlAYS PI.1\N
~ to University PaI:kwaY/Scnr.qrass ExpresSway Ertensicn
'.
I. SUBJH:T
Realigrunent arrl Reduction to 240'
II. LOCATICN AND L1M.ITS
Palm Beach County Line to Sa~ass Expressway
III. EXISI'IlC ~
325'
N. INITIATICN
Planning Council, at the request of the City of Parklarrl
v. Al'l'".tX:l'.tlJ MUNIClPALI'lY
cities of Parklarrl arrl Coral Spri.n::Js arrl the Unincorporated Area
VI. nc"l'".tX:l'l. VB lAND rnES
city of Parklarrl I..arrl Use Element: Irrlustrial, Office, Transportation
city of Coral Spri.n:Js I..arrl Use Element: Mcxlerate (2-7.99) Residential
Uni..ncarp:lrated Area I.arrl Use Element: lJ:M (3) , Irregular (4.2),
Ccmnercial, Irrlustrial, Office Park, Transportation, ~ial
Recreation
VII. EXISI'IlC .NlJACENl' lAND tEES
Vacant
VIII. YEAR 2010 HIGJWAY NE:M:EK
Not shown
IX. EXISI'IlC aEUIXR ~CN
Existi.n::J Facility: None
Existirq Right-of-Way: None
Existirq FUnctional Classification: Not existirq
.,. ""
Ame!I'rlDe1t to university Parltway /Sa:wgrass Expressway Ertensim
Page 2
x. IDCAL~' ~CN
Camnents are beirq solicited fran the cities of Parklani ani Coral
Spri.rqs, BraYcrrd County, Palm Beach County, am the, Florida Depar'boont
of Transportation (FOOI').
XI. ~ a:NSIDmATICfiS
On September 27, 1990 the BrcMard county PlanninJ Council, at the
request of the city of Parklam, initiated amerrlrnents to the Bror.vard
County Trafficways Plan for pine Islan:l Road, Nob Hill Road, am the
University Parkway /Sawgrass Expressway Extension.. '!he Planni.rq Council
deferred this item at its April 25, June 27, am August 22, 1991 public
hearings. '
Council staff review of the proposed amerrlrnents has focused on the
assessrrent of traffic needs at l::uildout am coordination with the plans
of affected larrlowners am agencies. staff spent several weeks
~ ;; b,ildoot; daI-~ ~the northwest Broward COOnty area an:!
C gg;}l]i~. ~~ iran Palm Beach Coun~ order to facilitate ~te
FIX1I' canpleted a study of the area l:uildout traffic de.marxi and network
needs in. late July 1991. '!he study concluded that, based upon the
current future larxl use plan, approximately 105,000 vehicles per day
(vpi) would travel between Broward am Palm Beach ca.mties west of
state Road 7 IUS 441 at l::uildout. '!he study foom that approximately
82% of the total traffic in this area will be canprised of residents of
north Coral Springs, Parklarrl, ani southwest Palm Beach County, while
18% will l::e regional travelers. FOOl' concluded that the University
:resswa EXtension connection will l::e needed in
to maintam I of serv1 n
Other area roadways, principally University Drive, state Road 441,
. , the Florida 'l\lrnpike, ani the SaW:Jrass Expressway. A study by Walter
;iY^ H. Keller, Jr. Inc. in July 1992 projected that de.marxi in the same area
~ ~ wool~ ,l::e approximately 90,000 vpd ani that two crossin:;Js would l::e
CJ suff1c1ent.
staff has coordinated am IOOt on several occasions since August: 1991
with the major property CMner, Florida National Properties, Palm Beach
County, the Florida Department of Transportation, the Treasure Coast
ani South Flo:rida Regional Planning Councils ani the cities of Parklan:i
ani Coral Springs. County divisions in the, review process include
Aviation, Ergineerirq , Traffic ~ineering , ani Transportation
Planni.n] . SUl:sequent to August 1991, three major governmental
*' decisions have influenced the dj~'lSSions: the BrcMard County
~ CC:mnission rE!l'OClVed from consideration the ,proposed Northwest Ai.rport;
~ Palm Beach County increased the University Parkway right-of-way fran
~?J ,I'D ' 120 feet to 240 feet on its '!horoughfare Plan; am Palm Beadl County
1~ ' \J\l drcg;>ed plans for the West Boca larrlfill.
\ ~ )f
~ . In August 1992, a prop:>sal was In?de by ~e laniavner that woold
'd'l..f'0 preserve the University Parkway ani prO'lide three crossi.rqs. '!he
l~ . r is attached (Attachment A) . .
'~ ~ '
ft/ ~~1
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A1Ien1ne1t to University ParkwaY/~ EKpresswaY ~icn
Page 3
XII. ~rnsl1CITrns Illfi'E
Planni.rq Council staff Recanrre.rx3ation April 19, 1991
Deferral to June 1991.
Planni.rq Council Action April 25, 1991
Deferral to June 1991-
Planni.rq Council staff Recanrre.rx3ation June 21, 1991
Deferral to August 1991.
Planni.rq Council Action June 27, 1991
Deferral to August 1991-
Planni.rq Council staff Recanrre.rx3ation August 16, 1991
Deferral.
Planni.rq Council Action August 22, 1991
Deferral.
'II"~ "d
.
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PLANNING AND ZONING BOARD MEMORANDUM
TO: MAYOR AND CITY COMMISSION MEMBERS
CJ<0JJ 1kvV"<--
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: SEPTEMBER 22, 1992
SUBJECT: PLANNING AND ZONING BOARD ACTIONS ON ITEMS BEFORE THE
CITY COMMISSION ON THIS EVENING'S AGENDA
At last night's Planning and Zoning Board meeting consideration
was given to several items which are before the Board this
evening. These items and the Board's action is as follows:
Commission Agenda Items, Group 8, Consent Agenda
J. Re: Opposition to Amendment to Broward County Trafficways
Plan and Request to Palm Beach County BOCC re University
Parkway
* Per staff recommendation, 7-0 vote.
Commission Agenda Items, Group 9, Regular Agenda
F. Submission Requirements re Waterford SAD
* Agreement was reached. There will be no further
appeal. THIS ITEM SHOULD BE DELETED FROM THE AGENDA.
Commission Agenda Items, Group 12, First Readings of Ordinances:
Ordinance 47-92: Changes to SAD District Regulations and
accommodation of a new expiration date for Marina Cay (8/95).
* Recommendation of Approval on a 4-3 vote
(Currie, Beer, Kiselewski dissenting)
,". ,""
-
To: Mayor and City Commission Members
Re: Planning and Zoning Board Actions on Items
Before the City Commission on this Evening's Agenda
September 22, 1992
Page 2
Ordinances 49-92 & 50-92: FLUM Amendment and Rezoning on a
portion of public land (Veterans Park parking lot) to
accommodate an outside deck at Atlantic Plaza.
* Recommendation of DENIAL on a 5-2 vote (FeIner and
Currie dissenting)
Ordinance 46-92: Rezoning from PC to CG, Linton International
Plaza
* Recommended APPROVAL on a 6-1 vote, (Kellerman
dissenting)
Ordinance 45-92: Rezoning from RM to R-l-AA, Ocean Cay Plat
* Recommended APPROVAL on a 7-0 vote.
Ordinance 48-92: Text (LDR) Amendment re POC Supplemental
District Regulations
* Recommended APPROVAL on a 7-0 vote.
DJK/cm
c:
City Manager
City Clerk
DJK/T: CCINFORM. DOC
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[ITY OF DELAAY DER[H "
"-
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"
100 fJ I,"' h: AVENUE . D!: LR:. y B!:"'C'~, FLORIDA 33444 . 407/;;>43.7000
September 23, 1992
The Hanarable Karen Marcus and
Palm Beach Caunty Baard af Caunty Cammissianers
301 Narth Olive
West Palm Beach, FL 33401
Re: Deletian af University Parkway fram the
Plan
Dear
The City af Delray Beach has been made aware af prapased
amendments to, the Braward Caunty Trafficways Plan which
pertained to, University Parkway. We are very interested in
cansideratians dealing with University Parkway since its
narthern terminus is currently prajected at the west end af aur
cammunity and traffic fram it will significantly, and adversely,
impact aur raadways and land use planning,
In review af the Braward Caunty prapasal and infarmatian,gleaned
at yaur warksessian an the subject, we nate that a stated reasan
far the prapased realignment is to, accammadate level af service
deficiencies an ather raadways. Such a salutian to, salving such
deficiencies seems to, induce urban sprawl and runs caunter to,
'palicies and activities af aur City, and the Caunty, to, pramate
..; use af transit and the encauragement af papulatian cancentratian
; in the eastern partian af the Caunty. Thus, the City Cammissian
af the City af Delray Beach has farmally acted to, request that
the Baard af Palm Beach Caunty Cammissianers cansider deletian
af University Parkway fram the Caunty TharQughfare Plan in its
first amendment far the year 1993.
Sin~
Thi6as/E. Lynch
~ OR
Capies:
Palm Beach Caunty Cammissianer McCarty, District 4
Palm Beach Caunty Cammissianer Phillips, District 5
Bab Wiseman, Palm Beach Caunty Administratar
Gearge Webb, Palm Beach Caunty Engineer
Charlie Walker, Acting Assistant Caunty Engineer
Emil Danciu, Mayar Baca Ratan
-r ~ . .
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[ITY OF DELIA' BEA[H
100 N.W. 1st AVENUE . DElRAY BEACH, FLORIDA 33444 . 407/243.70:,:
September 23, 1992
Michael D. Wanchick, Administrator
Broward County Planning Council
115 South Andrews Avenue - Room 307
Fort Lauderdale, FL 33301
Re: Proposed Amendments to the Broward County Trafficways Plan
Dear Mr. Wanchick:
The City of Delray Beach has been made aware of proposed
amendments to the Broward County Trafficways Plan as contained
in your letter of August 19, 1992 to Bob Weisman, Palm Beach
County Administrator. We are~ very interested in considerations
dealing with University Parkway since its northern terminus is
currently projected at the west end of our community and traffic
from it will significantly, and adversely, impact our roadways
and land use planning.
In review of the written proposal and information gleaned at
your worksession with the Palm Beach County Commissioners, the
City Commission of the City of Delray Beach has formally acted
to express opposition to consideration of the amendments. This
opposition is based primarily on the tentative status of
University Parkway's northern terminus. Thus, any consideration
of refining or defining a precise alignment in South Palm Beach
County is an inappropriate endeavor. Also, a stated reason for
the realignments is to accommodate level of service deficiencies
on other roadways. Such a solution to solving such deficiencies
seems to induce urban sprawl and runs counter to policies and
activities of our City to promote use of transit and the
encouragement of population concentration in the eastern portion
of the County.
TL.!E EFFORT A L'IJA YS MATTERS
'.
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To: Michael D. Wanchick, Administrator
Re: Proposed Amendments to the Broward County
Trafficways Plan
september 23, 1992
Page 2
For your information, by separate correspondence, the City of
Delray Beach has petitioned the Board of Palm Beach County
Commissioners to consider deletion of University Parkway from
its Thoroughfare Map.
~L
TEL/em
c:
Palm Beach County Commissioner McCarty, District 4
Palm Beach County Commissioner Phillips, District 5
Bob Wiseman, Palm Beach County Administrator
George Webb, Palm Beach County Engineer
Charlie Walker, Acting Assistant County Engineer
Emil Danciu, Mayor Boca Raton
Arlean Weiner, Mayor, Boynton Beach
Randy Whitfield, Director, Palm Beach County M.P.O.
Dan Carey, Director, TCRP
Robert Pennock, D.C.A.
, . ",.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~ ~;::.. - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 109-92
DATE: September 18, 1992
This is a resolution vacating and abandoning that part of N.W. 4th
Street right-of-way bounded on the west by the right-of-way of N.W.
10th Avenue and on the east by the right-of-way of N.W. 8th Avenue.
The interlocal agreement between the City and Palm Beach County,
entered into in February 1992, calls for the City to abandon all
municipal rights to the N.W. 4th Street right-of-way located between
N.W. 8th and 10th Avenues in order to provide for better traffic
circulation and access to S.D. Spady School, to provide for
construction of a joint use educational/recreational facility adjacent
to S.D. Spady School, and to provide a stormwater drainage retention
area.
Currently the right-of-way is unimproved and is not being utilized for
any through traffic. There are no objections to this abandonment and
an easement will be provided for the existing facilities through a
replat of the entire property.
The Planning and Zoning Board will consider this item at their
September 21st meeting. Their recommendation will be provided at
Tuesday evening's meeting. Staff recommends approval of the
abandonment subject to the following conditions:
1. That the abandonment be consummated concurrent with a
replatting of the adjacent properties.
2. That a general utility easement be dedicated, in sufficient
width, to accommodate existing utility service.
Recommend approval of Resolution No. 109-92, subject to the conditions
as recommended by staff and contingent upon the findings and
recommendations of the Planning and Zoning Board.
~ ~) AJt~ io ~
on
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RESOLUTION NO. 109-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT
PART OF THE N.W. 4TH STREET RIGHT-OF-WAY AS RECORDED IN
PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE
RIGHT-OF-WAY OF N.W. 10TH AVENUE AND ON THE EAST BY THE
RIGHT-OF-WAY OF N.W. 8TH AVENUE, DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach is the owner of that part of
the N.W. 4th Street right-of-way as recorded in Plat Book 1, Page 4 of
the Public Records of Palm Beach County, Florida, bounded on the west by
the right-of-way of N.W. 10th Avenue and on the east by the
right-of-way of N.W. 8th Avenue, Delray Beach, Florida; and,
WHEREAS, the City of Delray Beach, Florida, has made application
for abandonment of said part of the N.W. 4th Street right-of-way; and,
WHEREAS, the City Commission of the City of Delray Bea.ch,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said right-of-way,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
That part of the N.W. 4th Street right-of-way as
recorded in Plat Book 1, Page 4 of the Public Records
of Palm Beach County, Florida, bounded on the west by
the right-of-way of N.W. 10th Avenue and on the east by
the right-of-way of N.W. 8th Avenue, Delray Beach,
Florida.
Section 2. That this resolution shall not become effective
until such time as the adjacent properties are replatted and a general
utility easement is dedicated, in sufficient width, to accommodate
existing utility service.
PASSED AND ADOPTED in regular session on this the 22nd day of
September, 1992.
MAY 0 R
ATTEST:
City Clerk
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
ZONING
FROM:
II
SUBJECT: MEETING OF SEPTEMBER 22, 1992
ABANDONMENT OF PORTION OF NORTHWEST 4TH STREET
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of approximately 50' x 532' of
the Northwest 4th Street right-of-way.
The project is located directly north of the S.D. Spady
Elementary School, between Northwest 8th Avenue and
Northwest 10th Avenue.
BACKGROUND:
In February, 1992, the Palm Beach County School Board and the
City of Delray entered into an inter local agreement. This
agreement called for the joint acquisition, between the School
Board and the City of Oelray, of six ( 6 ) acres of land located
directly north of the S.D. Spady School.
In addition, the agreement calls for the City of Delray to
abandon all municipal rights to the Northwest 4th Street
right-of-way located between Northwest 8th Avenue and Northwest
10th Avenue.
The stated reason for this interlocal agreement is to provide
for better traffic circulation and access to S.D. Spady School
from Lake Ida Road, to provide for the future construction of a
joint use educational/recreational facility adjacent to S.D.
Spady School, and to provide a stormwater drainage retention
area.
There are no objections to this abandonment and an easement will
be provided for the existing facilities through a replat of the
entire property.
",.
City Commission Documentation
Abandonment of a Portion of Northwest 4th Street
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of September 21, 1992. The Board's recommendation
will be provided at the Commission's meeting.
RECOMMENDED ACTION:
By motion, approve the abandonment of the portion of Northwest
4th Street between Northwest 8th Avenue and Northwest 10th
Avenue through the enactment of Reolution -92, subject to the
following conditions:
* That the abandonment be consummated concurrent with a
replatting of the adjacent properties.
* That a general utility easement be dedicated, in sufficient
width, to accommodate existing utility service.
Attachment:
* P&Z Staff Report & Location Map
T:NW4STCC.DOC
"
PLAr'~I\JjNG & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DA TE: September 21, 1992
AGENDA ITEM: V.C.
ITEM: Abandonment of N.W. 4th Street Between N.W. 8th & 10th Avenues
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GENERAL DATA:
Owner. ... .................... .City of Delray Beach, Florida
Applicant.....................David C. Harden
City Manager
Location......................NW 4th Street Right-of-way, between
NVl 8th Avenue and NW 10th Avenue.
Property Size.................0.6l1 acres
City Land Use Plan.... ........Community Facilities
City Zoning........ ...........CF (Community Facilities)
Existing Land Use.............Unimproved road right-of-way.
Development Proposal.. ....... .Abandonment of road right-of-way to
accommodate an education/recreational
facility.
Request.. .......... ...........Abandonment of a 50 foot by 532 foot
section of right-of-way.
V.C.
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I T E M B E FOR E THE BOA R D .
.
The item before the Board is the review and recommendation of
the abandonment of a section of Northwest 4th Street.
The subject property is located directly north of the S. D.
Spady Elementary School, between Northwest 8th Avenue and
Northwest 10th Avenue.
B A C K G R 0 U N D .
.
I n February, 1992, the Palm Beach County School Board and the
City of Delray entered into an interlocal agreement. This
agreement called for the joint acquisition, between the SChool
Board and the City of Delray, of six ( 6 ) acres of land located
directly north of the S. D. Spady School.
In addition, the agreement calls for the City of Delray to
abandon all municipal rights to the Northwest 4th Street
right-of-way located between Northwest 8th Avenue and Northwest
10th Avenue.
The stated reason for this interlocal agreement is to provide
for better traffic circulation and access to S. D. Spady School
from Lake Ida Road, to provide for the future construction of a
joint use educational/recreational facility adjacent to S. D.
Spady School, and to provide a stormwater drainage retention
area.
PRO J E C T DES C RIP T ION :
Currently the right-of-way is unimproved and is not being
utilized for any through traffic. To the north of the
right-of-way is unplatted land in which there is a combination
of single family and duplex structures. To the east there is
the improved section of Northwest 4th Street. To the south is
the S. D. Spady School and to the west are existing duplexes and
the Poinciana Heights Subdivision.
ABANDONMENT A N A L Y S I S .
.
Based on the responses received from the utility providers and
City Departments, there generally is no objection to this
abandonment. However, currently there are Florida Power and
Light and Leadership Cable facilities located within the
right-of-way. Appropriate easements will be required for these
facilities. The Environmental Services Department has stated
that there are only service laterals within the right-of-way and
that no easement is required for these laterals.
.
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P & Z Board Staff Report
Northwest 4th Street Abandonment
Page 2
R E QUI RED FIN DIN G S :
Before any right-of-way abandonment can be approved the
following findings must be made:
A) That there is not, nor will there be, a need for the use of
the right-of-way for any public purpose.
This right-of-way has not served anyone other than adjacent
property owners in the past. It is unimproved and does not
accommodate through traffic. As a part of improvements to the
area, SW 10th Avenue is being extended north to Lake Ida Road.
Also, an on-site drive will be extended from Spady School to
Lake Ida Road. This drive will be used for school bus access.
Thus, indirectly, the other roadway improvements associated
with the abandonment will enhance traffic flow in the area.
Even with the abandonment, the former right-of-way will
continue to be used for a public purpose as a part of the.
Spady School campus.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
Thexe are approximately eight ( 8 ) lots of record that take
access from the portion of Northwest 4th Street that is
proposed to be abandoned. Once the right-of-way is
abandoned, access to these lots will be extinguished.
However, all of the lots are being obtained by the City
(through eminent domain action) . Subsequently, they
together with 4th Street right-of-way will be platted into
two lots. One will be retained by the City and will have
frontage (access) along Lake Ida Road and SW 10th Avenue.
The other will be combined with the balance of the Spady
School Campus.
C) That the abandonment will not result in detriment for the
provision of access and/or of utility services to adjacent
properties or the general area.
Although the right-of-way is being used to provide Florida
Power and light and Leadership Cable service, these
facilities can be accommodated through the provision of an
easement. It is not necessary to maintain this right-of-way
for those purposes.
with the provision of easements for the existing facilities
(Florida Power and Light and Leadership Cable), this
abandonment will not result in the detriment for utility
services.
N__ --.-. ._ '-f
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P & Z Board Staff Report
Northwest 4th Street Abandonment
Page 3
ASS E S MEN T .
.
With the purchase of the six (6) acres north of the right-of-way
to be abandoned and the future plans to demolish the existing
residential structures, all public need for this right-of-way
disappear.
However, the existing situation is that there are lots of record
which will be denied access if the abandonment is enacted.
Thus, this abandonment should be consumated concurrent with the
plat action which is required pursuant to Code Section
2.4.6(0) (3) (e).
R E COM MEN D A T ION :
By motion, forward a recommendation of approval to the City
Commission for the abandonment of Northwest 4th Street between
Northwest 8th Avenue and Northwest 10th Avenue, subject to the
following conditions:
* That the abandonment be consummated concurrent with a
replatting of the adjacent properties.
* That a general utility easement be dedicated, in sufficient
width, to accommodate existing utility services.
Attachment
* Location Map
T:NW4STPZ.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERm
SUBJECT: AGENDA ITEM i ~L - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 101-92
DATE: September 18, 1992
This is a resolution assessing costs for abatement action
required to remove nuisances on 22 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. 101-92 assessing costs for
abating nuisances on 22 properties located within the City.
<I'
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RESOLUTION NO. lOl-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections lOO.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section lOO.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner (s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance{s) existing upon their respective lands or to properly request
a hearing pursuant to Section lOO.21 and lOO.22 within the time limits
prescribed in said notice and Chapter lOO of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
, the time designated at the hearing wherein a decision was rendered
I adverse to the property owner(s); and,
I WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance{s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter lOa of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter lOa of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner{s),
.
".
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30 ) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
I I
I City Clerk
I
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".
COST OF ABATING NUISANCES UNDER CHAPTER lOO
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 98.00
PB 6, P 97, PUBLIC RECORDS, 317 S.W. 5TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(SW 4TH AVENUE)
NlOO' OF W 1/2 OF E 1/2 OF DIEUSEUL VIL $102.50
SE l/4 OF LOT 1, SUB OF SEC. 513 S.W. 5TH AVENUE 70.00 (ADM. COST)
20-46-43, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL
(513 SW 5TH AVENUE)
SSO' OF N300' OF E135' OF FRANCES L. GERMAN $178.00
BLK 13, TOWN OF DELRAY, PB 1, WALTER WADE 70.00 (ADM. COST)
P 13, PUBLIC RECORDS, PALM 33 S.W. 1ST AVENUE #1 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(24 SW 6TH AVENUE)
LOT 19, SUNDY & TENBROOK ADD J.E. & KAY B. WOMACK $ 57.00
TO DELRAY, PB 11, P 73, PUBLIC P.O. BOX 2493 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 ( RECORDING)
(SW 4TH AVENUE)
WS5' OF LOTS 11 & 12, BLK 23, MARIE QUINCE $ 84.00
TOWN OF DELRAY, PB 10, P 69, 506 S.W. 14TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(SW 5TH AVENUE)
LOTS 11 & 12 (LESS W 55'), LORENZO & MARY E. JONES $ 25.00
BLK 23, TOWN OF DELRAY, PB 10, 236 N.W. 5TH AVENUE 70.00 (ADM. COST)
P 69, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(244 SW 5TH AVENUE)
N50' OF S356.4' OF E135' OF ADELINE JENKINS $ 84.00
BLK 24, TOWN OF DELRAY, PB 1, 2076 ILENE COURT #3 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 (RECORDING)
COUNTY, FL
(322 SW 5TH AVENUE)
S50' OF W13S' OF BLK 24, TOWN T. SR. & EARLENE HAM $101.00
OF DELRAY, PB 1, P 3, PUBLIC P.O. BOX 1473 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL MERRITT ISLAND, FL 32952 (RECORDING)
(SW 6TH AVENUE)
-3- Res. No. 101-92
".
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LOT 5 4 , SUNSET PARK, DELRAY, TOMAS A R. CRUZ $187.00
PB 12, P 65, PUBLIC RECORDS, 409 N.W. 7TH COURT 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 (RECORDING)
(MANGO DRIVE)
LOT 55, SUNSET PARK, DELRAY, TOMASA R. CRUZ $187.00
PB 12, P 65, PUBLIC RECORDS, 409 N.W. 7TH COURT 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 (RECORDING)
(MANGO DRIVE)
NI00' OF W 1/2 OF E 1/2 OF DIEUSEUL VIL $ 78.00
SE 1/4 OF LOT 1, SUB OF SEC. 513 S.W. 5TH AVENUE 70.00 (ADM. COST)
20-46-43, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL
(513 SW 5TH AVENUE)
LOT 1, BLK C, LAKE HEIGHTS, DAVID Z. EUNICE $ 55.00
PB 23, P 206, PUBLIC RECORDS, 31 MILLER ROAD 70.00 (ADM. C.JS'I')
PALM BEACH COUNTY, FL LAKE WORTH, FL 33461 (RECORDING)
(118 AVOCADO ROAD)
LOT 20, BLK 65 (OLD SCHOOL KELLERCO CONST. INC. $ 45.00
SQUARE HISTORIC DISTRICT) , 1000 HOLLAND DRIVE #5 70.00 (ADM. COST)
TOWN OF DELRAY, PB 2, P 20, BOCA RATON, FL 33487 (RECORDING)
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(334 NE 1ST AVENUE)
LOT 19, BLK 65 (OLD SCHOOL KELLERCO CONST. INC. $ 45.00
SQUARE HISTORIC DISTRICT), 334 N.E. 1ST AVENUE 70.00 (ADM. COST)
TOWN OF DELRAY, PB 2, P 20, DELRAY BEACH, FL 33444 (RECORDING)
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(NE 1ST AVENUE)
LOT 7, BLK 9, ATLANTIC GARDENS, DANIEL MORGAN $ 85.00
DELRAY, PB 14, P 63, PUBLIC 125 S.W. 11TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 ( RECORD ING)
(125 SW 11TH AVENUE)
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-4- Res. No. 10l-92
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LOT 22, BLK 4, ODMANN'S SUB., MARY L. ODOM $ 47.16
PB 4, P 53, PUBLIC RECORDS, 17 S.W. 14TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(17 SW 14TH AVENUE)
E165' OF SW 1/4 OF NW 1/4 OF JOHN R. MOORE $755.2l
SW 1/4 LYG N OF SR 806, SUB. 362 OXFORD LANE 70.00 (ADM. COST)
OF SEC. 18-46-43, PUBLIC CRYSTAL LAKE, IL 60014 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL
(ATLANTIC AVENUE)
LOT 37, DELRAY MANOR ADD TO DANIEL MC GILL, JR. $165.88
DELRAY, PB 12, P 59, PUBLIC 2120 ELKRIDGE LANE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL RICHMOND, VA 23223 (RECORDING)
(945 SW 6TH AVENUE)
LOT 96, TROPIC ISLE, PB 24, JAMES & ELIZABETH $ 15.94
P 235, PUBLIC RECORDS, PALM A. GINESI 70.00 (ADM. COST)
BEACH COUNTY, FL 363-A BRICKYARD ROAD (RECORDING)
(SPANISH TRAIL) FREEHOLD, NJ 07728
LOT 17, BLK 121, HIGHLAND RICHARD T. DOTY $147.40
PARK, DELRAY, PB 2, P 79, 309 N.E. 7TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 (RECORDING)
COUNTY, FL
(309 NE 7TH AVENUE)
LOT 17, BLK 95, LINN'S ADD TO LAWRENCE L. & LILLIE $144.14
OSCEOLA PARK, DELRAY, PB 1, W. PARKER 70.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM 730 E. CHATELAINE BLVD. (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33445
(2l8-220 SE 4TH AVENUE)
LOTS 8 & 9 (LESS RD R/W) , DOLORES A. LIDDY TR. $223.04
BLK 2, SOPHIA FREY ADD, PB 23, C/O ARNOLD F. KURZINGER 70.00 (ADM. COST)
P 14, PUBLIC RECORDS, PALM 5700 N. FEDERAL HWY #B (RECORDING)
BEACH COUNTY, FL BOCA RATON, FL 33487
(911 N. FEDERAL HWY)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No. lOl-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 13 ,&3 - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 102-92
DATE: September 18, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
414 S.W. 2nd Street. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $2,979.79 remains unpaid.
Recommend approval of Resolution No. 102-92 assessing costs
to demolish an unsafe building on property located at 414 S.W. 2nd
Street.
,.
.
.
RESOLUTION NO. lO2-92
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 ASSESSME,NTS; 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 mak' he repairs required that the Building Official would
have the author:' :0 have the building demolished from the date of the
said notice; anc.
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
parcel(.s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments s:' levied shall, if not paid within
thirty (30) days after mailing of thG 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 maili~q
date of the notice of said assessment(s), after which a lien shall .Je
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.l02-92
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NOTICE OF ASSESSMENT
Date
TO: Chrispin and Pearl Johnson
ADDRESS: 140 SW 4th Avenue, Delray Beach, Fl 33444
PROPERTY: 414 SW 2nd Street, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 1, Block 31, Town of Delray according to Plat
Book 1, Page 30 of the official records of Palm Beach County, .Fl
You, as the record owner of, or holder of an interest in. the above-
described property are hereby advised that a cost of $2,979.79 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
_ J 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 1-23-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the ord~r 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 8-17-92
at a cost of $2.979.79 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 LefeLLed to in this notice aLe 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: CI TY MANAGER ttr1
SUBJECT: AGENDA ITEM :It 8' J.t - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 103-92
DATE: September 18, 1992
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
138 S.W. 1st 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 $831.60 remains unpaid.
Recommend approval of Resolution No. 103-92 assessing costs
to board up an unsafe building located on property at 138 S.W. 1st
Avenue.
t,.
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RESOLUTION NO. l03-92
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
ASSESSMENTSj PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTSj 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-
inancesj 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
demolishedj 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 donej 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 involvedj 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
a S shown by
the report of the City Manager of the City of Delray a copy of which is
.
"
.
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6\, and collection costs inc luding a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
,
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!
i
- 2 - Res. No. l03-921
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NOTICE OF ASSESSMENT
Date
TO: Eminia and Stella Benitez
ADDRESS: 138 SW 1st Avenue, Delray Beach, Fl 33444
PROPERTY: 138 SW 1st Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Sl/2 of Lot 15 and all of Lot 16, Block 54, resubdivision
of the Sl/2 of said Block 54, Town of Delray according to Plat Book 11, Page 2
of the official records ot ~aim ~each CounLY, n
You, as the record owner of, or holder of an interest in the above-
described property are hereby advised that a cost of $831.~0 by resollltion
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described prop~rty.
.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 7-20-92
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 tllat 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 qf 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 hus tllerefore t"ken remedial action to remove
the unsafe condition existing on the ahove-described property on 8-17-92
at a cost of IR11 ~O which includes a ten percent (10%) administrative
fee. If you ail 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
."
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # gp - MEETING OF SEPTEMBER 22. 1992
REOUEST TO HOLD A SPECIAL EVENT/ATLANTIC AVENUE ASSOCIATION
DATE: September 18, 1992
We have received a request from the Atlantic Avenue Association to
hold the 5th Annual Harvest Fest on November 14 and 15, 1992. In
addition, the Association is requesting Commission consideration of
the following items:
-request to close Atlantic Avenue between Venetian Drive and
Gleason Street to thru traffic.
-request to erect three special event signs (no greater than 20
square feet) in the rights-of-way on North and South Federal
Highway and at Waterford East.
Recommend approval of the request from the Atlantic Avenue Association
to hold the 5th Annual Harvest Fest on November 14 - 15, 1992;
approval of the request to close Atlantic Avenue between Venetian
Drive and Gleason Street to thru traffic; and request to erect three
special event signs in the City's rights-of-way.
" .
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Agenda Item No. :
AGENDA REQUEST
Date: 9 1'5{q~
Request to be placed on:'
)( Regular Agenda Special Agenda Workshop Agenda
When: .C)~. 2~, t "'l'12--
Description of agenda item (who, what, where, how much): f\~~a~
~ci~ fi:~~~~ '~[~~~cU~~~~::-h:l)l~:~~ ;;;_~ o~~
41~~ ;-~~~~ ~~bi~~~~e::1~;'!J;-~aP .i2A~~. ~ ~lt~_~,~"J ~~
ORDIHAHCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO
Recommendation: Awu.b1.k' AP;r . () ,,;f- .
.
I
Department Head Signature: /?~AJ)/~ 9 h.s'I$I~
Determination of Consistency with Comprehensive Plan: >>/~
City Attorney Review/ Recommendation (if applicable): AJ/~
.
\
\
..o-J
Budget Director Review (required on all items involving expenditure
of funds): N//f
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
. Account Balance:
City Manager Review:
Approved for agenda: BY NO t~1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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[IT' DF DELRA' BEA[H
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager/
~ Administrative Services
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPT. 22, 1992
ATLANTIC AVENUE ASSOCIATION REQUEST - HARVEST FEST
DATE: September l5, 1992
Action
City Commission is requested to approve the request received
from the Atlantic Avenue Association to conduct the 5th Annual
Harvest Fest on November l4th and l5th, to close traffic on
Atlantic Avenue between Venetian and Gleason and detour
traffic, and to erect three (3), no greater than 20 sq. ft.,
special event signs one (l) week prior to the event. Two of
the signs will be placed in the City right-of-way on Federal
Highway and one (l) will be placed at Waterford East. No
banner signs are requested. Staff will administratively
approve the use of the stage. Charitable organization
information as requested has been sent to Kathy Shabotynskyj.
Recommendation
Approve the request.
RAB:mld
THE EFFORT ALWAYS MATTERS
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GREATER
DELRAY BEACH
Chamber of Commerce
July 23, 1992 f=:ECEtVED
JUL 2 4 r992
David Harden CiTY MANAGr:il',~ OFFICE
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
The Atlantic Avenue Association has scheduled the 5th Annual
Harvest Fest on Saturci.::lY anrl Sunday, November 14, 15, 1992.
Barbara and Jim Smith of J.B.Smith Jewelers are the event's co-
chairmen.
In the budget workshops this year, Harvest Fest was cited as one of
the mechanisms that charitable groups and non-profit organizations
could employ to raise income and hopefully, require less financial
assistance. from the city.
We need your help to expand the area where booths are set up. For
the past three years we have utilized private property on the south
side of Atlantic Avenue from the Intracoastal to Atlantic Center.
We would like to continue using that space and expand the show by
closing Atlantic Avenue between Gleason and Venetian Avenues. This
would require all eastbound traffic to detour south on Venetian,
east on Miramar and north on Gleason. Westbound traffic would be
detoured along that same route and another route would be needed
for Seabreeze Avenue. Would you make an application to D.O.T. to
accomplish this?
In addition, we would like your help in reaching out to the
charitable and non-profit groups so that they may take this fund
raising opportunity.
The Association would also like to request use of the large stage
for this event.
We look forward to your favorably reply.
~lY~h-~. <
Kathy ~otYnSkYj~~
Atlatn c Avenue Association
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64 S,E, FIFTH AVENUE. DELRAY BEACH. FLORIDA 33483
407/278-0424 . FAX 407 /278-0555
Chqmber Accredited by United States Chamber of Commerce
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # frQ - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 104-92
DATE: September 18, 1992
This is a resolution assessing costs for abatement action
required to remove junked vehicles on four 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. 104-92 assessing costs to
remove junked vehicles on four properties located within the City.
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RESOLUTION NO. l04-92
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 I
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 I
amount(s) indicated thereon. Said assessments so levied shall, if not
. paid within thirty (30) days after mailing of the notice described in I
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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 Oelray Beach is
1 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
i County Tax Assessor, notice(s) that the City Commission of the City of
i Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
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 a f te r the
mailing date of the notice of said assessment(s) , after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
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.
MAY 0 R
ATTEST:
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City Clerk
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COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 29, BLK 1, SOUTHRIDGE, ROBERT ASSANTES $ 84.25
PB 6, P 66, PUBLIC RECORDS, FRED WENISCH 65.00 (ADM. COST)
PALM BEACH COUNTY, FL 1363 SYCAMORE TERRACE (RECORD ING)
(STERLING AVENUE) BOCA RATON, FL 33486
LOT 4, BLK 4, DELRAY SHORES, YOLANDA G. DE JESUS $ 38.50
PB 24, P 233, PUBLIC RECORDS, 536 S.E. DOLPHIN DRIVE 65.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING)
(536 SE DOLPHIN DRIVE)
LOT 16, BLK 4, PRIEST'S ADD. ROSA L. SCOTT $ 38.50
TO ATLANTIC PARK GARDENS, 545 AUBURN CIRCLE E #B 65.00 (ADM. COST)
PB 23, P 70, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL
(SW 13TH AVENUE)
LOTS 1 & 2, BLK 5, SILVER PATRICIA A. ABBEY $ 38.50
TERRACE, DELRAY, PB ll, P 61, RT #1 LEE PLACE 65.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH LUDOWICI, GA 31316 (RECORDING)
COUNTY, FL
(1040 MIAMI BLVD.)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-3- Re s . No. l04-92
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Agenda Item- No. :
AGENDA REQUEST
Date: 8/28/92
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: 9/8/92'
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Description of item (who, what, where, how much): Purchase from
A.L. Roark Fire/EMS Records software. for $17,000. This is the next
comuonent for the Police/Fire CAD System and will urovide automation
and information mana~ement of Fire/EMS Records.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/-RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Fire Chief recommends approval. Funding to be
from 001-2311-522-60-57.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). \t~ 'G \1
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Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
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Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding al ternati ves: (if applicable)
Account No. &. DeSCgi~tion:~I-'l:?11-52:2. ~E:{'r CO~ -Eli)~P
Account Balance: J ) 7~.4
City Manager Review:
~pproved for agenda: ~ NO (0-1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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[IT' DF DELRA' BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
M E M 0 RAN DUM
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TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager
DATE: September 17, 1992
SUBJ ECT : AGENDA ITEM - CITY COMMISSION MEETING (September 22, 1992)
Contract Award A.L. Roark & Assoco - Fire/EMS Records Software
^CTION
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City Commission ; s requested to award a contract to A. L. Roark and
Associates. lnc, in the amount of $17,000 for the Fire/EMS Records
software. Funding is available 'I n the Fire Department capital outlay
budget account code #001-2311-522-60.57, Amount budgeted for this item ;s
$20,000.
~C~~-'!Q_U.M!J.
The software installed in the Po 1 ice computers is the A. L. Roark
system. We cLlY'rently have Pol'ice and Fire CAD (Computer Aided Dispatch)
and Police Management Systems in operationo
The Fire/EMS Management System being proposed wi 11 be part of the
current Police/Fire System resulting in a totally integrated Public Safety
System.
The proposed Fi re/EMS Management System wi 11 provide a comprehensive
Fire and EMS data base with a wide range of capabilities as described in
the attached Fire/EMS Management System narrative.
When the ori 9 i na 1 Po 1 ice package wa 5 purchased the Fi re/EMS Records
package was not included. A. L. Roark will honor the ori g i na 1 contract
price quoted when the police package was purchased with a slight increase
for the extra training days we requested. The original price quoted three
(3) years ago was $17,000. The current price for this program is $40,000.
_R~~gm~!~lJ~IHt~
Recommend approval as presented
RAB/dw
THE EFFORT ALWAYS MATTERS 31< \
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SENT ~Y:A L Roark & Associates 09-16-92 05:24PM 1111166191602?829420~ -10':' :-1: :-~-I ::; J
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FIRE/EMS RECORDS MANAGEMENT
SYSTEM
The FirelEMS Records Management System utilizes the philosophy of the software ap. .
preach described in the Introduction section to provide a comprehensive Fire and EMS data
base with a wide range or capabilities. This software is used not only Cor producing the fire
or EMS incident report. but tracks rue prevention activities. facilities information. hazard-
ous material storage, inspections, pennits, and violations.
The system is designed to be truly multi-jurisdictional in nature which allows participating
agencies to deal correctly with mutual aid and other questions unique to fire and EMS or-
ganization operations.
This module is designed to integrate the various pieces of data ftCluired for tire department
functions and may be interfaced with the CAD system or used u a stand-alone module.
This module also interfaces to the Law.Enforcement Records Management Module so that
complete infonnation is available with" respect to incidents involving responses by various
types of public safety agencies. When installed with thc Law Enforcement Records Man-
agement Module, the arson investigator is provided with all of the "tools" normally asscx:i-
ated with law enforcement investigations to assist in arson investigations.
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p.
The Fire ponion of this module includes multiple functions to assist in the daily operation of
the department. The functionality includes the followinl capabilities.
Fire Incident Reportinl- This portion of the module generate$ pertinent information rela-
tive to every fire incident occurring within the setvice area. It captures all information reo
gardinlthe response including the units and times associated with the incident It also gath-
ers other response data such as location, call source, other Ilcncicl which responded, and
thus, cracJc the fbe incidcnt repon from initiation to completion. .
The sYStem is desiped to ~e use of the standard NFIR.S (Venion 3 and 4) Repon format
and prints a copy of tho completed report upon request. Information which may be entered
as part of the Incident report includes the following:
Occupant/Owner Information EquipmentIVehicle Data
Actions By Firefiihters Injuries Intonnation
Casualty Infonnadon Rescued Persons Reports
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. SENT BY:A L Roark & Associates 09-16-92 05:26PM 11111661916027829420~ 40'7 243 3"774 l:i 6
If useci in conjunc:tion with the CAD Module, the inspecrion facility can provide'manage.
ment intormaaon regarding manpower utilization for inspection activities by tracking the
time expended on this activity.
.
Information regardin. incidents l'eCluirinl cmerlenc:y medical response is maintained by
the system in a portion of the data base designed to meet EMS reponing and records man.
a.ement needs.
The basis for the EMS record is the Computer Aided Dispatcb response record. The module
collects all associated EMS response intonnanon includin.:
Location of Response Units Respondin.
Times ot Response Hospital or Destination
Caller Information (if transported)
The EMS report entry procram is designed to be used for the enay of patient rcpons on-line
and prints a copy ot the report upon completion.
Wheiilhe EMS Patient repon is entered, either on-line and the patient is being treated. or
after the incident, the following information is input intO the rCcord. No item o( infonnarion
is limited as to numbers of repetitive entries which may be made.
Patient Dam ; BLS Procedures Perfonned
Vital Sip ALS Procedures Performed
SympcomalTypc of lllness Offlcer Namuive
Medications A4miniscered -
The data collected within this ponioA of the system is funher processed to provide the fol-
lowin, manapmcnt informadaa:
. Treaanencs 'idministeted by individual technicians
. Training Repon - Basic:: and Advanced Lite Suppon Procedures perfonned
by technicians.
These repons may be used for the reschedullnl of training and re-certificadon activi ties and
other manalemcnt purposes.
. SENT BY:A L Roark & Associates 09-16-92 05:26PM 11111661916027829420~ 407 243 3774 l=I '7
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An imponant aspect of any records management system is the capability to obtain statistics
and information for analysis. incident follow-up. and management d.ecisions. Included in
these capabilities are the,following:
.
. Response Repon
. Incident Search by Location
. Statistics Cor any c1ate rinse based upon type of incident. area, time of day,
and day of week
. Incident Status includinl times, response personnel. etc.
In addition, the related data base design allows the agency. using tho AS/400 Query to list,
summarize. and repon in its own fOnn8t, any data conrained in any portion of the data base.
"""-...
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PROGRAM LICENSE AGREEMENT
THIS PROGRAM LICENSE AGREEMENT (hereinafter called
the "Agreement"), made and entered into this day of
, 19 ,by and between A. L. ROARK AND
ASSOCIATES, INC., a Kentucky corporation, whose principal
office is located at 406 Rosemont Garden, Lexington, Kentucky,
40503 (hereinafter called "ALR"), and THE CITY OF DELRAY BEACH
FLORIDA, a Florida Municipal Corporation, whose principal
office is located at 100 N.W. 1st Avenue, Delray Beach,
Florida, 334444, (hereinafter called "CLIENT").
WIT N E SSE T H :
WHEREAS, ALR is the owner of the License Program and
Materials (hereinafter defined) known as the Community Manage-
ment System; and,
WHEREAS, the Licensed Program and Materials are used
for performing the software program functions more fully set
forth in detail in Exhibit "A" hereto (such exhibit is incorpo-
rated herein by reference, made a part hereof, and sometimes
hereinafter referred to as the "Program Description" which
includes the response to the request for proposal dated June 2,
1989 as modified by Addenda as it relates to the Fire/EMS
Records~nagement System); and,
WHEREAS, CLIENT desires to obtain fromALR a non-
exclusi ve license to use the Licensed Program and Materials
referred to as the Fire/EMS Records Management System only for
CLIENT'S own use.
WHEREAS, the recitations set forth above are incorpo-
rated and made a part of this agreement.
NOW, THEREFORE, for and in consideration of the
premises, the covenants contained herein, and other good and
valuable consideration, the sufficiency and receipt of which is
hereby acknowledged, it is agreed as follows:
1. DEFINITIONS.
For purposes of this Agreement, the following defined
terms shall apply:
A. The term "Licensed Program" shall mean a licensed
information processing program or programs, consist-
ing of a series of instructions or statements which
are machine readable.
. ""
B. The term "Licensed Materials" shall include the
object code, source code, and manuals used in connec-
tion with the Licensed Program.
C. The term "Licensed Program and Materials" shall mean
both the Licensed Program and Licensed Materials as
defined above.
D. The term "enhancement" shall mean any program, any
part thereof, or any materials not included in the
Licensed Program and Materials at the time of execu-
tion of this Agreement that are related to the
Licensed Program and Materials.
E. The term "update" shall mean updated program logic;
object and source code; and manuals or changes to
correct known defects of the Licensed Program and
Materials to maintain the operational quality as to
the same; and to expand the capabilities of the
Licensed Program and Materials.
F. The term "use" shall include copying any portion of
the Licensed Program or Licensed Materials into a
computer or transmitting them to a computer for
processing of the instructions or statements
contained in the Licensed Program or Licensed
Materials.
----...
G. The term "installation Module" shall mean those
portions of the Licensed Programs and Materials
utilized for construction of the Geo-File and Defini-
tion Tables required for the use of the Licensed
Programs and Materials.
H. The term "travel expenses" or "actual out-of- pocket
expenses" shall be those expenses incurred by ALR
pursuant to this agreement, to be reimbursed at
actual cost.
2. LICENSE GRANT.
ALR hereby grants to CLIENT, for the consideration sepa-
rately stated in Paragraph 5 hereof, and CLIENT hereby
accepts, subject to the terms and conditions provided in
this agreement, a non-exclusive and non-transferable
license to use the Licensed Program and Materials more
fully described in the Program Description annexed hereto
as Exhibit "A".
A. CLIENT is authorized to use the Licensed Program and
Materials solely for CLIENT'S own internal operation
at a designated site within the jurisdictional
boundaries. CLIENT shall not use the Licensed
2
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Program and Materials at any other location without
the written approval of ALR, and such written
approval shall not be arbitrarily withheld by ALR.
CLIENT is authorized to transfer the license and to
use the Licensed Program on a back-up computer when
the computer at designated location is temporarily
inoperable until operable status is restored and
processing on the back-up computer is complete.
B. CLIENT'S rights under this Agreement to the Licensed
Program and Materials shall not be assigned or
licensed by CLIENT.
C. ALR shall furnish to CLIENT upon execution of this
Agreement one ( l) copy of the Licensed Materials
describing ALR' s recommended use and application of
the Licensed Materials. Additional copies of the
Licensed Materials may be obtained by CLIENT upon
payment to ALR of ALR's published price for such
Licensed Materials. CLIENT shall be permitted to
make additional copies of the object code provided
such copies are necessitated by and used exclusively
for CLIENT'S security purposes. All such copies
shall be the property of ALR and treated as part of
the Licensed Materials.
3. PROGRAM SUPPORT SERVICES.
-----
ALR will provide under this Agreement program support
services for the consideration separately stated in
paragraph 5 hereof. Program support services will include
only the following:
A. ALR will provide to CLIENT two (2) consecutive days
(eight [8] hour days) of training and installation
services pertaining to the Licensed Program and
Materials.
B. If requested, ALR will provide to CLIENT one (1)
eight (8) hour day of preinstallation on-site consul-
tation services pertaining to the Licensed Program
and Materials, in accordance with Paragraph 3D.
C. If requested, ALR will provide one (1) eight (8) hour
day of on-site consultation on the day the system
"goes live" to assist in resolving any unanticipated
problems and to assure a successful live operation,
in accordance with Paragraph 3D.
D. Upon CLIENT'S request ALR will provide additional
training and/or installation services pertaining to
the Licensed Program and Materials, and/or additional
consultation services pertaining to the Licensed
3
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Program and Materials, at the rate specified in
Exhibit liB" attached hereto, plus expenses. Such
services will be scheduled as soon as possible in
keeping with other commitments by ALR staff.
E. ALR will provide, following the warranty period if
desired by CLIENT, additional continuing consulting,
program maintenance and program enhancements under a
separate agreement, over and above what is provided
for herein.
F. During the warranty period, ALR will make available
to CLIENT any enhancements generally ~eleased to
customers as part of its standard syst~~ It should
be noted that ALR has no obligati.otl..'" under this
agreement to make available to CLIENT any enhancement
to the Licensed Program and Materials.
G. During the warranty period and during the one year
period governing program maintenance and support as
provided herein, CLIENT shall have the right to use
the ALR support line and to designate one ( 1)
attendee at ALR User Group Meetings.
H. ALR shall bear the expense of all reasonable travel
expenses incurred in the performance of the program
__ support services described in subparagraph 3A. All
travel expenses associated with the performance of
additional support services shall be borne by CLIENT.
I. CLIENT will be solely responsible for conversion of
CLIENT'S current data to the format required by the
Licensed Program for use in CLIENT'S computer. ALR
shall have no responsibility hereunder as to conver-
sion and entry of CLIENT'S data.
J. ALR shall provide client with the maintenance and
repair of any reproducible program error or malfunc-
tion that may be discovered in ALR's unaltered
current License Program, for a one year period, and
generally available by ALR from time to time without
any additional cost to CLIENT. CLIENT shall notify
ALR in writing of any program errors or malfunction
specifying the reason the Licensed Program does not
perform in accordance with current published specifi-
cations . CLIENT shall provide ALR with examples of
the error or malfunction and any supporting materials
requested by ALR. When client notifies ALR of an
error or malfunction, and after investigation by ALR,
it is determined by ALR that the problem is due to
client error in the use of the Licensed Program, as
opposed to an error, defect or nonconformity in the
4
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Licensed Program itself, at ALR's discretion, such
error or malfunction shall be investigated and
corrected, and client shall pay ALR' s then current
time rate for all service provided, and reimburse ALR
for all travel time at the then current time rate,
materials and other actual out-of-pocket expenses.
ALR shall not be responsible for providing mainte-
nance and support to the License Program and
Materials except at the authorized location for
client's use of the Licensed Program and Materials.
K. Any change, modification or enhancement to the
original Licensed Program by client, without ALR' s
written authorization is an unauthorized change; and
after such unauthorized change; then ALR, at ALR's
option, may void the support and maintenance function
provided pursuant to this agreement or ALR may
provide maintenance that results therefrom at ALR' s
then current time rate for all service provided, plus
travel time at the then current time rate, materials
and other actual out-of-pocket expenses. No third
party will be allowed to modify or enhance the
Licensed Programs or Materials without the consent of
ALR. However, CLIENT may modify or provide enhance-
ments to the Licensed Materials as long as there is
no support or maintenance agreement in effect with
ALR.
----
L. For the term of this Agreement, during the warranty
period and during the one year period that program
maintenance and support is provided, client shall be
enti tIed to use ALR' s telephone assistance service..
This service offers a source of information for
client to use in solving immediate problems as well
as ongoing program support which is included without
further charge. The service shall be available
between 9:00 a.m. and 5:00 p.m. local service office
time of ALR, weekdays except normal business holidays
observed by ALR. Hours of service are subject to
change at anytime with not less than thirty (30) days
notice by ALR to CLIENT.
M. During the one year period, the Licensed Program is
maintained, repaired and supported by ALR at no
additional cost to CLIENT, ALR shall be obligated to
correct at ALR' s place of business, all technical
errors or failures in the Licensed Program so that
the Licensed Program will perform as described in the
Licensed Materials and pursuant to this agreement.
CLIENT agrees to give ALR prompt written notice of
any such technical error or failure. In the event
ALR determines, after investigation, that the
5
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Licensed Program is performing as described in the
Licensed Materials, CLIENT shall promptly reimburse
ALR for time expended pursuant to Exhibit B and for
other costs incurred. If client requests ALR's
assistance at client's location such on-site assis-
tance will be provided by ALR at its then current
time rates, plus travel time at one-half (1/2) the
current time billing rates, materials and other
actual out-of-pocket expenses, subject to avail-
ability of ALR personnel. However, telephone support
services shall be provided at no additional cost for
entire term of this agreement.
N. Updates developed by ALR, including new releases,
modifications and changes developed by ALR shall be
made available to CLIENT as a part of the program and
support maintenance function of this agreement with
no further cost to the CLIENT during the one year
period of maintenance and support provided for in
this agreement.
O. ALR shall provide, at additional charge based upon
its then current rates, to CLIENT during the one year
maintenance and support period covered under this
agreement, enhancements to the Licensed Programs and
materials resulting from changes in the requirements
and/or changes and/or reports mandated by the state
---- 0 f Florida. The additional charge is to be divided
equally among the then current installations desiring
this enhancement within the state of Florida. ALR
specifically has no obligation to develop and provide
any such enhancement unless CLIENT agrees to pay for
such enhancements. ALR does have the responsibility
to provide such enhancements if requested by CLIENT.
Any enhancement made available by ALR to CLIENT and
accepted by CLIENT shall become a part of the
Licensed Program and/or Licensed materials. Enhance-
ments provided under this contract shall not remove
any capabilities contained within the Licensed
Programs/Materials as they exist upon the execution
of this agreement, unless legally, by an act of the
state of Florida, such required enhancement would
mandate the exclusion of a pre-existing function.
P. CLIENT shall be invited to designate one ( l) employee
to attend and participate in any user's group which
shall meet during the term of this contract and to
receive any newsletter or informational materials
which shall be prepared by ALR for distribution to
user group members during this same period. ALR is
not responsible for any expenses or fees associated
6
C. Payment for additional program support services
provided under this Agreement shall be promptly paid
upon ALR's invoicing of same.
D. Any amounts due under this Agreement which are not
paid within twenty (20) days of its payment due date
hereunder shall be subject to a finance charge
accruing from such date until paid. Such finance
charge shall be calculated at a rate of eighteen
percent (18%) per annum, or the maximum charge
allowable under applicable law, whichever is lesser.
E. The license fee and program support services fee
hereunder do not include local, state or federal
sales, use, excise, personal property or other
similar taxes. CLIENT assumes all responsibility and
liability for any such taxes, if such taxes are
applicable against the City.
F. Any additional travel expenses or other reimbursable
expenses beyond those included in this agreement,
which are incurred by ALR in the CLIENT'S behalf and
which are requested by the CLIENT, shall be promptly
reimbursed to ALR by CLIENT upon ALR's invoicing of
same, at cost. All mailing charges, delivery
charges, and long distance telephone charges incurred
by ALR in the performance of services under this
, Agreement shall promptly be reimbursed to ALR by
---- CLIENT upon ALR' s invoicing same, at cost. Actual
travel expenses will be reimbursed promptly upon
invoicing of same.
6 . DELIVERY.
A. The Licensed Program and Materials will be delivered
to CLIENT on or about ninety (90) days following the
receipt of the executed copy of this agreement at
ALR's place of business, provided CLIENT shall have
first completed all pre-installation tasks and
requirements as specified by ALR through separate
written instructions delivered to CLIENT (either
prior or to contemporaneously with the execution
hereof) .
B. CLIENT agrees to provide full cooperation in insuring
that these services can be completed. If CLIENT does
not allow these services to be performed within this
time period, then these services shall be deemed to
be completed and all fees shall be payable in accor-
dance with Paragraph 5 hereof.
C. Upon delivery of the Licensed Program and Materials
to CLIENT, CLIENT shall assume all risk of loss and
8
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damage to the Licensed Program and Materials.
However, ALR, upon request by CLIENT, shall provide
if necessary an additional copy of the Licensed
Materials at no additional cost to CLIENT, except
relating to postage, cost of media, and man-hours
necessary to make such copy in the event the software
is damaged to the extent that it impairs the CLIENT'S
operations. Installation of the Licensed Program
shall occur within ten days of the date of shipment.
The license fee hereunder and program support
services fee hereunder shall be deemed earned in its
entirety upon ALR's completion and the CLIENT'S
acceptance of the Licensed Program and Materials as
set forth in Paragraph 5.
D. CLIENT shall furnish to ALR free of charge access to
CLIENT'S computer for the period of time reasonably
required by ALR for installation of the Licensed
Program, and CLIENT shall provide computer equipment
appropriately configured for the Licensed Program.
CLIENT shall provide the following resources for
ALR's use in its performance under this Agreement:
1- One ( 1) CLIENT staff member assigned to work
with ALR's representative on the installation of
the Licensed Program with appropriate authority
to make binding decisions for CLIENT. CLIENT
acknowledges and understands that ALR will rely
--- upon a CLIENT staff member having the aforesaid
authority. CLIENT agrees to give ALR reasonable
advance notice as to the identity of such CLIENT
staff member so assigned to work with ALR; and
upon reasonable request by ALR, CLIENT agrees to
substitute another CLIENT staff member with the
aforesaid authority;
2. The availability of CLIENT'S personnel upon
request of ALR to answer questions and advise
ALR on CLIENT'S facilities, operations and
requirements;
3. Adequate office space at the site of installa-
tion; and,
4. Computer supplies during installation including,
but not limited to, paper, disks, diskettes and
tapes.
7. WARRANTY OF PERFORMANCE.
A. ALR warrants for a period of one ( 1) year from the
date of the installation of the Licensed Program
Materials, that the Licensed Program will perform in
9
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accordance with the specifications as set forth in
the Licensed Materials. This performance warranty by
ALR shall immediately cease and become null if CLIENT
or any third party enhances the Licensed Program
without the consent of ALR. THE FOREGOING WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
B. During the period the Licensed Program is under this
performance warranty, ALR's sole obligation will be
to correct at ALR' s place of business all technical
errors or failures in the Licensed Program so that
the Licensed Program will perform as described in the
Licensed Materials. CLIENT agrees to give ALR prompt
written notice of any such technical error or
failure. In the event ALR determines after investi-
gation that the Licensed Program is performing as
described in the Licensed Materials, CLIENT shall
promptly reimburse ALR for time expended at its then
, current consulting rate and for other costs incurred.
8. PROPERTY RIGHTS.
A. In the event of a patent and/or copyright infringe-
ment claim, ALR agrees to defend CLIENT against any
--- such claim pertaining to the Licensed Program and
Materials, and ALR will pay all resulting costs,
damages and attorneys' fees finally awarded. ALR's
agreement to so defend CLIENT hereunder and to pay
such costs, damages and attorney's fees is contin-:
gent upon CLIENT promptly notifying ALR of any such
claim, and ALR participating in the defense and/or
settlement of such claim. If any such claim is made,
or if ALR determines that such claim is likely to
occur, ALR shall give written notice of same to
CLIENT and CLIENT shall thereupon promptly return to
ALR the Licensed Program and Licensed Materials, and
all copies thereof, pending a disposition or settle-
ment of such claim (which ALR agrees to diligently
pursue) ; and CLIENT'S failure to comply with the
foregoing shall terminate ALR's obligations under
this Subparagraph 8A. ALR, at its sole expense,
shall endeavor to procure the right of CLIENT to
continue using the Licensed Program and Materials, or
replace or modify the Licensed Program and Materials
in a form which is non-infringing. ALR shall gave no
obligation to defend CLIENT or pay costs, damages or
attorneys' fees for any such claim based upon use of
the Licensed Program and Materials which has been
enhanced, modified or changed in any manner by any
party other than ALR, if such infringement could have
10
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been avoided by use of the Licensed Program and
Materials in its unaltered form.
B. CLIENT shall maintain ALR's patent and/or copyright
notice on the Licensed Program and Materials, and
shall reproduce such notice on any copies in whole or
in part of the Licensed Program and Materials (as
such copies are permitted under this Agreement).
C. CLIENT acknowledges that the Licensed Program and
Materials are the property of ALR, and that ALR
intends that CLIENT will use the Licensed Program and
Materials only under the terms and conditions of this
Agreement. CLIENT acknowledges that the Licensed
Program and Materials are ALR's propriety information
and trade secret, whether or not any portion thereof
may be validly patented and/or copyrighted.
D. CLIENT agrees that any enhancement to the Licensed
Program and Materials developed by CLIENT with or
without any advice or support by ALR, or by ALR for
CLIENT, whether or not reimbursed by CLIENT and
whether or not in conjunction with CLIENT'S employees
or agents, shall be the exclusive property of ALR.
Any enhancement to the Licensed Program used by
CLIENT, regardless of the creator of the same, shall
be delivered to ALR or destroyed by CLIENT upon
---termination of this license agreement.
9. PROPRIETARY AND TRADE SECRET INFORMATION.
CLIENT agrees to protect the confidential nature of the.
Licensed Program and Materials.
A. CLIENT agrees not to lend, sell, lease or otherwise
dispose of the Licensed Program and Materials,
B. Except as otherwise permitted in this Agreement,
CLIENT agrees not to copy in whole or in part the
Licensed Program and Materials.
10. LIABILITY OF ALR.
ALR agrees to indemnify and hold harmless the CLIENT, its
officers, employees, and agents from and against all
losses, costs, expenses, including, attorney's fees,
claims, suits and judgments, whatsoever, in connection
with injury to or death of any person or persons or loss
of or damage to property resulting from any and all
operations negligently performed by ALR. The CLIENT and
its employees shall be responsible for their own negli-
gence.
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1l. DEFAULT AND TERMINATION.
During the contract period, the City Manager or his
designee who shall be the person described in Paragraph 6D
of this agreement, shall assess ALR's performance of the
agreement. In the event of a breach of contract by ALR,
default, or unsatisfactory performance by ALR, as assessed
by the City Manager, or if ALR performs in a manner that
precludes the City from administering its functions in an
efficient manner, and if after ten (10) days following
written notice thereof, ALR has been unable to remedy such
breach or provide satisfactory performance, then the
CLIENT shall, upon written notice to ALR, be authorized to
cancel the contract, thereafter reserving the right to
proceed against ALR for any damages permitted by law,
which shall include reimbursement of all sums paid by
CLIENT to ALR.
ALR shall not be responsible for any failure determined to
the satisfaction of the City Manager or his designee to be
due to any action or inaction on the part of the CLIENT.
Failure by CLIENT to comply with any term or condition
under this Agreement shall entitle ALR to give CLIENT
written notice requiring it to cure such default;
provided, however, that if CLIENT violates any of the
conditions of Paragraphs 8 or 9 hereof, this initial
A~ment shall immediately terminate. If the CLIENT has
not: ommencedto cure such default wi thin ten (10) days
after receipt . of notice, then ALR shall be entitled, in
addition to any other rights it may have under this
Agreement or otherwise under law, to terminate this
, agreement by giving notice to .take effect immediately.
Thereafter, ALR reserves the right to proceed against
CLIENT for any damages permitted by law, including the
full contract amount less payments received if software
i has been delivered and accepted by CLIENT.
!
The right of either party to terminate this Agreement
hereunder shall not be affected in any way by its waiver
of or failure to take action with respect to any previous
default. Upon the termination of the agreement due to a
violation of ALR's Copyright, Paragraphs 8 or 9, CLIENT
shall return the Licensed Program and Materials and any
copies thereof to ALR and shall certify that it no longer
has any rights to use the initial Licensed Program and
Materials and that the original and all copies of the
initial Licensed Program and Materials have been returned
to ALR.
The term "default" as used in this Agreement shall include
the institution of proceedings by or against ALR under
12
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,
federal or state bankruptcy laws, and an assignment or
receivership for the benefit of creditors.
This Agreement may be terminated by the CLIENT for conve-
nience after one year from the date of execution of this
agreement upon notice to ALR. All payments due from
CLIENT to ALR, which were earned by ALR up to and includ-
ing the date of the notice of termination, will be paid by
CLIENT. The licensed program and materials shall be
immediately returned to ALR and CLIENT shall certify that
it no longer has any rights to use the Licensed Program
and Materials and that the original and all copies of the
Licensed Program and Materials have been returned to ALR.
In the event ALR or its successors and/or assigns cease to
carryon business, CLIENT shall keep for its sole use all
Licensed Program and Materials including source code and
object code and any update and/or enhancement.
12. EMPLOYMENT OF ALR PERSONNEL.
I During a two (2) year period commencing with the date of
I
j this Agreement, CLIENT agrees for CLIENT and any affiliate
or successor of CLIENT not to employ, contract with or
secure, either directly or indirectly, the services of any
staff member of ALR (who is a staff member as of the date
of this Agreement or during the aforementioned two (2 )
year. period).
13. EQUAL OPPORTUNITY EMPLOYER.
i ALR represents to CLIENT that it is an equal opportunity
employer.
14. INSURANCE.
ALR, at its own expense, shall procure and maintain the
following insurance:
A. Worker's Compensation Insurance. ALR shall have
Worker's Compensation Insurance for all employees and
require any subcontractors to have such insurance in
the following amounts:
a. State Statutory
b. Applicable Federal Statutory
c. Employer's liability with
limit of 100,000 each accident
B. ALR shall provide appropriate liability insurance in
an amount not less than $300,000.00 for all personal
injuries, death or property damage, per occurrence,
13
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arising during the policy period. The CLIENT shall
be named as an additional insured.
C. Professional Liability Insurance in an amount not
less than $300,000.00.
D. ALR shall submit a Certificate of Insurance for
approval by the City. Said certificate shall state
that the issuing company will provide thirty (30)
days written notice to the CLIENT in the event such
insurance is to be terminated.
15. GENERAL PROVISIONS.
The following general provisions shall apply in the
performance of this Agreement:
A. Neither party shall be responsible for delay or
failure in performance resulting from acts beyond the
control of such party. Such acts shall include, but
not be limited to, an act of God, an act of war,
riot, an epidemic, fire, flood, or other disaster, a
strike or lockout, or a communication line failure or
power failure.
B. This Agreement contains the entire understanding of
the parties with respect to the matter contained
herein. There are no promises, covenants or under-
--- takings other than those expressly set forth herein.
This Agreement may not be modified or amended except
in writing signed by authorized representatives of
ALR and CLIENT. No employee or agent of ALR has
authority to modify or amend this Agreement without
the written approval of an officer of ALR.
C. If any of the provisions of this Agreement are
declared to be invalid, such provisions shall be
severed from this Agreement and the other provisions
hereof shall remain in full force and effect.
D. A waiver of a breach or default under this Agreement
shall not be a waiver of any other subsequent default
or breach. Failure or delay by either party to
enforce compliance with any term or condition of this
Agreement shall not constitute a waiver of such term
or condition unless such term or condition is specif-
ically waived in writing.
E. Title and paragraph headings contained in this
Agreement are for convenient reference and do not
constitute part of this Agreement.
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F. This Agreement shall be binding upon and inure to the
benefit of the parties to this Agreement and their
respective successors and assigns.
G. Any notice required or permitted to be sent under
this Agreement shall be delivered by hand or mailed
by registered mail, return receipt requested, to the
addresses of the parties set forth below. Notice so
sent will be deemed effective when delivered in the
mail (with postage prepaid).
A.L. Roark and Associates, Inc.
406 Rosemont Garden
Lexington, KY 40503
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, FL 33444
H. Any individual executing this Agreement on behalf of
either ALR or CLIENT individually warrants that he or
she has authority to do same.
I. This Agreement is made and entered into in Palm Beach
County, Florida and shall be governed by the laws of
the State of Florida. Venue shall be in Palm Beach
County, Florida.
J:-- The initial maintenance and support fee following the
initial one year period will be fourteen percent
(14%) of the fee stated in Paragraph SA. The fees
charged in subsequent years for maintenance and
support will not be more than that charged generally
to other ALR customers.
K. This Agreement shall not be considered to have been
executed until the payment specified in subparagraph
SA. 1 hereof has been received at A.L. Roark's place
of business.
L. Any action against ALR or the City under this
Agreement must be commenced within four (4 ) years
after such cause of action accrues.
IN WITNESS WHEREOF, ALR and CLIENT have executed this
Agreement the day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
By:
Thomas Lynch
Attest: Mayor
City Clerk
15
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Approved as to Form:
City Attorney
A.L. ROARK AND ASSOCIATES,
INC., a Kentucky Corporation
By:
Witness
(name printed or typed) (name printed or typed)
Witness
(name printed or typed)
---
16
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this (date) by
(name of officer or agent, title of
officer or agent) of (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
( type of identifica-
tion) as identification and did (did not ) take an oath.
Signature of Person Taking
---- Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped)
(Title or Rank)
(Serial Number, if any)
(NOTARY'S SEAL)
17
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EXHIBIT A
The following Community Management System Modules are covered
by this agreement:
CMS Fire/EMS Records Management System
A description of this module follows.
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". FmE/EMS RECORDS MANAGEMENT
SYSTEM
The FirelEMS Records Management System utilizes the philosophy of the software ap- ".
proach described in the Introduction section to provide a comprehensive Fire and EMS data
base with a wide range of capabilities. This software is used not only for producing the fire
or EMS incident repon. but tracks fire prevention activities, facilities information, hazard-
ous material storage, inspections, permits, and violations.
The system is designed to be truly multi-jurisdictional in nature which allows panicipating
agencies to deal correctly with mutual aid and other questions unique to fire and EMS or-
ganization operations.
This module is designed to integrate the various pieces of data required for fire depanment
functions and may be interfaced with the CAD system or used as a stand-alone module.
This module also interfaces to the Law Enforcement Records Management Module so that
I complete information is available with respect to incidents involving responses by various
i types of public safety agencies. When installed with the Law Enforcement Records Man-
j agement Module, the arson investigator is provided with all of the "tools" normally associ-
ated with law enforcement investigations to assist in arson investigations.
I '-..............
I ----
FIRE MODULE
The Fire portion of this module includes multiple functions to assist in the daily operation of
the department. The functionality includes the following capabilities.
Fire Incident Reporting - This portion of the module generates pertinent information rela-
tive to every frre incident occurring within the service area. It captures all information re-
garding the response including the units and times associated with the incident It also gath-
ers other response data such as location, call source, other agencies which responded, and
thus, track the flI'C incident report from initiation to completion.
The system is designed to make use of the standard NFIRS (Version 3 and 4) Report format
'.
and prints a copy of the completed report upon request. Information which may be entered
as part of the incident report includes the following:
Occupant/Owner Information Equipment/V ehicle Data
Actions By Firefighters Injuries Information
Casualty Information Rescued Persons Reports
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. This information, together with additional data accumulated during the incident is used to
: produce the fire incident report on,","line.
Specialized state formats are also supported including the California and Florida reports and
the system may be modified to match other report formats if required. For state reporting,
the table driven basis and structured development approach allow for tailoring of the repon- .
ing function to meet these unique state requirements, including using NFIRS Version 4 for-
mat for data collection and submission of repons based on other formats. Report submis-
sion is available by tape, diskette, on-line, or via printed report.
Since the eMS menu security system is used with the FirelEMS Records Management Sys-
tem. the" user agency can restrict access or modification following management review.
Fire Inspection Activities - The Pre-plan information is used to record information re-
garding facilities for which the fIre department maintains records. The record for each facil-
ity contains a complete description of each related building and/or business. This data base
structure of the pre-planning portion of the system provides the agency with the necessary
flexibility to tailor these activities to existing procedures and data collection processes. It
I also feeds information to other activities including CAD. inspections. and incident report-
I
! ing in order to prevent redundant data entry and to provide firefighter safety.
Information entered through the inspection entry programs includes the following:
Building/Facility Descriptions Fire Plans
___Hazardous Materials Information Inspections Violations
-r>>ennits En~ and Processing Installed Tank Information
Inspection data is further processed to produce such reports as:
Inspection Reports Date Range Inspection Scheduling
Lists of Violations Inspection Forms
Data from the fire inspection process is combined "with the basic information regarding each
premise that is to be inspected and is used to update and maintain the FacilitylBuilding data.
Upon completion of each inspection, a record is entered which updates the database. Infor-
mation regarding the scheduling of the next inspection may be entered by inspectors or from
inspection reports and is used to maintain control over re-inspection scheduling.
'.
As the results of an inspection are being entered, violations are captured and stored in the "
Violations record. This tracks each violation from the time it is detected until it is cleared or
action is taken by the legal department to resolve the charge.
Information regarding hazardous materials stored at a facility includes the type, quantity,
location, and any trade secret information.
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If used in conjunction with the CAD Module. the inspection facility can provide manage-
ment information regarding manpower utilization for inspection activities by tracking the
\ time expended on this activity.
EMERGENCY MEDICAL RECORDS MODULE
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Information regarding incidents requiring emergency medical response is maintained by
the system in a portion of the data base designed to meet EMS reporting and records man-
! agement needs.
The basis for the EMS record is the Computer Aided Dispatch response record. The module
I collects all associated EMS response information including:
Location of Response Units Responding
Times of Response Hospital or Destination
, Caller Information (if transponed)
I
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The EMS report entty program is designed to be used for the entty of patient reports on-line
and prints a copy of the repon upon completion. --
:::--
WhCiithe EMS Patient report is entered. eithe~ on---line and the patient is being treated. or
after the incident, the following information is input into the record. No item of information
is limited as to numbers of repetitive entries which may be made.
Patient Data j BLS Procedures Penormed
Vital Signs ALS Procedures Penonned
Symptoms!fype of illness Officer Narrative
Medications Administered -
The data collected within this portion of the system is funher processed to provide the fol-
lowing management information:
. Treatments 'administered by individual technicians
. Training Report - Basic and Advanced Life Support Procedures performed
by technicians.
These reports may be used for the rescheduling of training and re-certification activities and
other management purposes.
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FIRE/EMS MANAGEMENT REPORTING -
An important aspect of any records management system is the capability to obtain statistics
and information for analysis, incident follow-up, and management decisions. Included in
these capabilities are the following:
. Response Report
. Incident Search by Location
. Statistics for any date range based upon type of incident, area, time of day,
and day of week
, Incident Status including times, response personnel, etc.
. .
In addition, the related data base design allows the agency, using the AS/400 Query to list,
j summarize, and report in its own format, any data contained in any portion of the data base.
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EXHIBIT B
A. L. ROARK AND ASSOCIATES, INC.
RA TE SCHEDULE. PER MAN-HOUR
1992
MANAGEMENT $135.00
SEN lOR PROGRAMMER ANALYST $90.00
PROGRAMMER ANALYST $85.00
ADDITIONAL ON SITE TRAINING (per trainer) $90.00
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All rates are plus expenses for on-site work.
Hours spent in travel are invoiced at one/half hourly rate.
~
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Agenda Item No. :
.AGENDA REQUEST
Date: 9/1(0/1:;.
Request to be placed on:'
.-
V Regular Agenda Special Agenda Workshop Agenda
When: ~~22J 1'-/'12.-.
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
eo~
I
Department Head Signature: -;Qt)&:.J1- ~~ /U~ >
Determination of Consistency with Comprehensive Plan: ..vIA-
City Attorney Review/ Recommendation (if applicable): ~/;r
~ Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: t\uLUl'~ p ~ Uw~ - ~JJ~\fS
Account Balance:
City Manager Review: ~/ NO t1fvf
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
, .
[IT' DF DELHA' BEA[H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
DATE: September 17, 1992
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING - SEPTEMBER 22, 1992 -
CONTRACT AWARD - CART PATH PROJECT
ACTION:
City Commission is requested to approve a contract in the amount of $69,
140.50 with Charles S. Whiteside, Inc., for the golf course cart paths
project. Award will be per County Contract C91-163T7E with special
conditions imposed by the City. Funding is to come from FY 92-93 Golf
Course Capital Improvement Budget Account #445-4761-572-63.90. The Budget
for this item is $75,000.
BACKGROUND:
The golf course cart path improvement project includes resurfacing of
approximately 94,000 sq. ft. of existing cart paths, new construction of
approximately 6,000 linear feet of 6' asphalt paths, with 4" lime rock
base, and removal of approximately 50 linear feet of existing cart paths on
hole #1 and #10 at the greens. Asphalt overlay will be 1" finished grade.
Charles Whiteside, Inc., has a contract with the County for bike path
construction and resurfacing. Specifications for this contract meet
requirements for this project. We have added special conditions as they
relate to construction of the cart paths. The contractor has agreed to
these at no additional cost. Whiteside has also submitted a proposal for
sod replacement. This price however is considerably more than we can get
the work done under a separate contract. We are also not sure if sod will
be needed. Therefore, we are not recommending sod replacement be part of
this contract. The City Engineer has reviewed the prices for the work as
contained in the County contract and feels these are reasonable prices
based on our special construction needs at the course. These special needs
include equipment weight, size access and allowing play to continue while
construction is going on. We estimate that this project will be completed
in 3 to 4 weeks.
RECOMMENDATION:
Recommend award as proposed.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS ~r<Z
, .
~EP~15~92 TUE 12:50 . -~-
SEP-14-'92 MON 16:27 tD;D~LRAY ~NV. SERVICES TEL NO:4e7-243-7e60 ~667 P03
-
,
Oelray Seach _
Munioipal Golf Course
Cart Path Rasurfacing
And
Construction Project
ProjQct No. 92-44
S~l')lI~ of Work
Resurface existing 6' ami a I cart paths approximately 10 1500
sqUelt'e. yards with 5-1 modified/S-3 plant mix type asphalt 1"
thick.
Construct' approximately 6,000 linear feet of 6' wide asphalt cart
paths on various golf hol.es and remove a};)pro)(ima.tely 50 I of
Qxistinq 6' and S' cart paths on golf hole~ number #1 and #10.
All quantities are estimates.
1~.~hnt9~~ Spe~if icatio..n
Technical specifioations for rasurfaoing in general,
construction and rernov~l will be per COUhty.
Bike Path Contract #C91-163/~E.
.~
Speeial~Conditions
~echnic~l specification~
A) Preparation of Existing Paths for Rapaving.
1), Edge existing paths i~WOUijn€JmjOUiH~ and remove
grass t'rom pavement and :)" beyond.
2). Power blow/broom clean ~nd inspect paths fo~
damage.
3) . Remove badly damaged, loose and bl"ok~n asphalt.
*Remove tree roots protruding from the pavement~
4). Restore base rock to thickness, g'rade and
compaotion in area of asphalt removal.
5). Pave damaged areas with hot asphalt plant mix
prior to the actual re-paving op~ratloh,
6). To improve drainaqe - lO\1 are~s will PQ raised
with rook/asphalt as appropri~te per items 3, 4,
and 5.
'.
- 1.5 - '31 :2 TUE 12:51 .
SEP-14-' 92 MON 15: 28 I D: DEL..RFl'{ Et--iV. SER\lj CES TEL ~~O: 407-243-7elGel I:lG67 P04
~
I
13) Grades
To be set by contractor in the field. will follow the
contours of the golf course with three exceptions:
1) . In flat or level area$ a. side slope of 2ft or
greater to be built in to ens'U:J:e path drains
itself.
2) . On ei~es of hills, ta~s, etc. - where path would
ha.ve 7" or 9'raater siele to sidQ slopes" 9r~deSo
should lJe reset and raised as necessary to have
less than 7" side to side slope ot path.
I 3). Swale ere~s - path to be dipp$d to allow pa5~age
of surface water aoross it. 2" or groatar side
slope built in at these areas.
C) SUb-Gr.ade
cut to width and depth per contractor's 9radQs.
Machine compacted and gr,,-dect unitormly. Whtlra path is
puilt on side slopes as item #2 above, subgrade to be
extended 3 ' 01" more beyond edge ot the propo~Qd base
rock.
.':'
~Once subqrade is completed, no passagQ of contractor.s
equipment/truck will be allowed on subgrade prier to or
auring rock place:mentf Disturbed subgrada must be
t-egraded and rolled at contractor's expense prior to
rock.
D) Testing
Cores will be done every 500 feet to ensure thickness.
Compaction of SS, dry dGnsity will be expected.
Testing to be paid for by owner.
E) Equipment
.
1) . Use 3-5 ton steel wheeled roller.
2) . Asphalt to be haul~d out on course in truck of no
greater than 31,000 lbs 9ross vehicle WQight.
3) . Trucks and equipment will not travel on new
paving.
F) Restor.ation
1) . Contractor will be responsible tor the replacement
of irr19ation lines and hydraulic 11ne~ which have
pee.n marked by the owner 1 and Damaged through neglec t,
'"
:::; E 'F' - 1 "5 - '3 2 TUE 12:51 . F' _ 0;:;14
. SEP-14-'92 MON 16:28 ID:DELRAY ENV. SERVICES TEL NO:407-243-706e ;;667 pes
- .
t
2) . Contractor will replace damaged sod areas with 419
Bermu~a grass pe~ ownGrs ~ireotion. Dama9Qd areas
will be properly 9raded.
G) .other
1) . Aocess rout$$ will be determined by the owner in
oonjunction with the contractor and agreed upon
prior to construction start.
2) . Course play to continua during conlitruction.
contractor to minimizQ disruption to play.
Qwner B~spon.aibilities
1) . Mark all known irrigation heads, irrigation lines and
hYdraulic lines.
2) . FielQ mark locati6hS of all new cart paths.
3) . Field mark existing cart paths to be removed.
4) . Responsible for l'estoration of areas where existing
cart paths are removed.
.,:,
5) . F<espom,ible for replacement of unmarked irrigation
hea.as. Irrigation lines and hydraulic lines.
6) . p;rovide tQ~ting.
7) . Provide for construction inspection and on-site project
review.
~ime of Completion
Four (4) we~ks from 5tart. Contract to sta~t within 15 days
ot the notice to proceed.
.
~~~f~~ih~. Con~tr~ction ~nd Removal ~stimatGs
~~~urfaoing - Re~urface a~istin9 cart paths on all 1$ holes.
Approximately 10,500 square yards.
'.
::::;EP-:l. 5-92 TUE 12:52 . J-" _ CI ~i
.
-0 . SEP-14-' 92 MON 16: 2'3 I D: DEI..RAY Er'iV, SERV I CES TEL NO: 41217-243-7G6el 1:*667 P06
.
- .
.
t
Con~truct~on - Estimate installing new Paths as follows:
HPle '- Lih~ar t't lio t,e # L1tH~ar: Ft
1 200' 10 500'
2 800 11 200
:) 50' 12 400
4 6501 13 200
5 250' 14 1000
6 400' 15 50'
7 150' 16 200
e 0 17 250'
9 500' 18 200
3,000 3,000 III 6,000'
~emoval - Remove approximately 25' existin9 path hole #1 by
9re~n.
Remov~ approximately 25 existing path hole #10 ~y
9reen.
'l'
.
'.
=;EP-15-"32 TUE 12:52 - t--:. . .....:.) ,.;;.;.'
.-
J . SEP-14-";l2 MON 16:2'3 ID:DELRFlY ENV. SERVICES TEL NO:407-243-7C16e ~65'7 Fe?
-
I
~HEQVLE OF B~D PRIC~~
ITEM Estimated Unit TO'I't\L EST.
~ PESCIUPTICN ~ Ouantlli ~ice PRICE
1 1>> Asphalt Concrete
Ove1.6 lay
Price Per Ton~ Tons 650 $ 53,00 $.2::.~450.00
FIFTY THREE
Dollars 0 AI>.
NO
Cents
2 Cart Path Construction
inoluding 1" Asphalt,
411 ~~x~XS~~ SHELLROCK BASE,
compaqted subgrade
Price Per square 34,425.00
Yard: SY 4,500 $ 7.65 $
....db -
SEVEN
Dollars r
SIXTY FIVE
Cents
J Pavement Removal
Price per square 1. 75 262.5'0'
yard; s"t 150 $ $
ONE
Doll~rs
SEVENTY FIVE
Cents .
::: E p. - 1 5. - 9 2 TUE 12:52 . t-_. .. ;.....:... .~.
.
"
" . SEP-14-";l2 MON 16:29 ID:DELRAY ENV. SERVICES TEL NO:487-243-7n~,e ~G6? Fe?
-
!
~HEDQ~E OF BID PRIC~~
ITEM Estimated Unit TO'I'j\L EST.
~ pESC~lP~ION ~ ouantlli EJ;;ice PRICE
1 1" Asphalt Concrete
Overlay
Price Per Ton~ Tons 650 $ 53.00 $~450.00
FIFTY THREE
Dollars - .
NO
cents
2 Cart Path Construction
inoluding 1" Asphalt,
4" ~~~~xa~~ SHELLROCK BASE~
compaqted subgrade
Price Per Squar~ 7.65 34~42s.00
'lard: SV 4,500 $ $
........ -
SEVEN
Dollars
SIXTY FIVE
Cents
J Pavement Removal
Price per square 262.5'0 .
yard: Sy 150 $ 1. 75 $
ONE
boll~rs
SEVENTY FIVE
Cents
'. ' ,
i=' . ;~_\ I
SEP-15-92 TUE 12:53 .
- .
. ~ SEP-14-'92 f10N 16:30 ID:DELRAY EN\!. SERVICES TEL NO:407-243-7060 tl667 pes
.
- .
t
ITEM Estimated Unit TOTAL EST.
'.N.9..:&. InM ~ Quantity- iric~ PRIC~
4. 419 Bermuda
Sod Restoration
Price p~r sq. yd: S"i 1,500 $, 3.85 $ 5,775.00
-....
THREE
Doll~rs
EIGHTY FIVE
C~nts -
Total Bid $74.912.50
, ~
SEVENTY FOUR THOUSAND, NINE
. i HUNDRED TWELVE
Dollars -
'fIFTY
Cents
CHARLES s. t~ITESIDEt INC.
250 72nd Drive, North
West Palm Beach, Florida 33413
.
.
:::,r::Y"-iU-' '32 Tf-iU 1:::: U:::: 1 [I: F'UF'I=H~r=,llH.,l FH>< IlCI: '3141372331511 IHIJ? pen
.
.. .
. Board of County Commissioners County Admini
Karen T. Marcus, Chair Robert Weisr
Carole Phillips, Vice Chair
Carol A. Roberts
Cuol J. Elmquist Purchasing Dep.
Mary McCarty
KC!n L Foster
Maude Ford Lee
DATE: q/IO I q?--
,
TIns F14.CSTMTT,F. MF.~~M::P! C'!ON'''''1\TN'~ .;2.0- P14.GES TNCr,nnTNC':: ""RT~
COVER SHEET.
PLEASE DELIVER IMMEDIATELY
TO: ~Qr1'
~. .
FAX#: ~ - I - )-If 3 - 37 7 II
'l MARYANN McGEE
.\\ ,9~1 I BUYER _ PROGRAMS & SERVICE, l\mO SECTION
.n)
; t)-\"
FAX U; (407) 233-1511
. O~::, )1 TELEPHONE #: (407)233-1535
,::1 ()f ,:' i:://" MESSAGE: C (j ^ ..J..!let' uI-' j {; ca- 00 vJ \J n.J: 1 II / 3 oj 9 ~
',J "
.
I}
.., ~An Equal Opportunity. Affirmative Action Employer"
~ . 50 S. Milita:r T~ail, Suite 110, West, Palm B.-lOr" 1:1"..:..... ~.UllUI'taQ
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Agenda I tem No. :
AGENDA REQUEST
Date: Sept. 14. 1992
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: Sept. 22, 1992
Description of agenda item (who, what, where, how much) : Bid Award -
Landscape Maintenance Service Contract on Atlantic Avenue Vacant
Lots (Phase I & II).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Tare Landscape, at an annual cost
of $14,465.
{ J:)W ~
~ /
pepartment Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
, Funding alternatives: ~pl.icable)
IPC-Account No. & Descr~tion: 1/9 'f/'f'f S7A ~ Y-z; Iv", 0-
Account Bala~ /~~~~ ~Tlt /1!'9-/~~.
~ ,z..-93 "err
City Man ger Review:
Approved for agenda: @/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
,
~ .
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
FROM: Ted Glas, Purchasing Officer ~.ff
DATE: September IS, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 22, 1992 - BID AWARD - BID # 92-69
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 $14,465. Per the Finance
Department, funding is from:
( ) .
Background:
Funds are allocated in the FY 92-93 budget for this service. A total
of $ is budgeted.
Area of Service:
Atlantic Avenue Vacant Lots (Phase I & II).
Maintenance service consists of mowing, trimming, weed control,
pruning, litter control and chemical application.
Bids for this contract were received on September 8, 1992 from four
(4) contractors, all in accordance with City purchasing procedures.
(Bid 1192-69. Documentation on f He 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 $14,465. Funding as outlined above.
Attachments: .
Tabulation of Bids
Memo from Parks & Recreation
pc: Joe Weldon
8R3
'.
,
.
[ITY DF DElRAY BEA[H
100 NW, hI AVU~Ut DELR/\' ClU,Ui HOF,IU':"U,1'H 1 r;!,' 2.~:;- i i Ii I'-.!
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Landscape Maintenance Atlantic Avenue, Phase I and Phase II
DATE: September 14, 1992
Attached please find a bid tabulation sheet for aid 192-69 for
landscape maintenance of Phase I and Phase II on Atlantic Avenue. A
total of four bids were received with Tare Landscaping being the
apparent low bidder. Tare Landscaping currently has a landscape
contract with the City for N.E. 8th Street and Atlantic Avenue.
Although initially I was not happy with the performance of his work, he
seems to have corrected his problems. On September 14th I contacted
Mr. Temple of Tare Landscaping who indicated that he could indeed
perform the work for the amount bid. I contacted Mr. Temple because
his bid was significantly lower than the next three bids.
I recommend this bid be awarded to Mr. Tare in the amount of $14,465
and charged to account 1119-4144-572-33.49.
w~L
Parks and Recreation
Attachment
JW:cp
Ref:glastare
THE EFFORT ALWAYS MATTERS
.
. .
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Agenda Item No.:
AGENDA REOUEST
Date: September 3, 1992
Request to be placed on:
X Regular Agenda
Special Agenda
_____ Workshop Agenda When: September 22. 1992
Description of item (who, what, where, how much):
Staff requests award of construction contract for Veteran's Park Gravitv Sewer
System Modifications. Pro;ect No. 92-27.1. to Dutch Construction Co.. Inc. the
lowest responsive bidder for the amount of $35.732.00. The oro;ect fundin~
account number is 442-5178-536-61.83.
ORDINANCE/RESOLUTIO~ REQUIRED: YES,@ DRAFT ATTACHED YES@
Recommendation: Staff recommends award of construction contract to Dutch
Construction Co. Inc. in the amount of $35.732.00
Department Head Signature: ~ LfYA@ <<:. ..,,~ ~h'sf/", L..
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~ed on all items involving expenditure of funds):
Funding available YES 0
Funding alternatives (if applicable)
Account No. & D1f.riPtion~-z.-s.17g""'~.~/-83 L-JFr~ aNI/.TO SU8~
Account Balance 4 \1~ '2...
City Manager Review:
Approved for agenda: ty/NO m1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
-
Approved/Disapproved
..
.
.
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID HARDEN
CITY MANAGER
THRU: WILLIAM GREENWOOD, P.E. 1)4f}
DIRECTOR OF ENV. SVCS.
FROM: RALPH HAYDEN, P.E.~
CITY ENGINEER
DATE: SEPTEMBER 14, 1992
SUBJECT: VETERAN'S PARK GRAVITY SEWER SYSTEM MODIFICATIONS
PROJECT No. 92-27.1
BID No. 92-72
------------------------------------------------------------------
Attached is an Agenda Request for the regular Commission Meeting on
September 22, 1992, requesting award of the construction contract
for the referenced project to Dutch Construction Co., Inc. They
are the lowest responsible responsi ve bidder and the proposed
contract amount is $35,732.00.
This project consists of installing approximately 620 L.F. of 10"
PVC pipe and 3 sanitary manholes for Veteran's Park gravity sewer
modifications.
The funding source for this project is 442-5178-536-61.83.
KB:RH:kb
Attachment
cc: Ted Glas, Director of Purchasing
File: Project No. 92-27.1
Memos to City Manager
AR9227.KJB
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM :I 7fR - MEETING OF SEPTEMBER 22. 1992
AWARD OF BIDS AND CONTRACTS
DATE: September 18, 1992
This item is before you to approve the award of the following bids and
contracts: ~
'R~o rn ConsfIl; 84 mi!.i?-RnDtXPH j SW35&?U.MTUf Iippt})()6() 5-0
/ffi Fire/EMS Records System Software - Fire Department - A. L.
Roarke in the amount of $17,000 with funding from Fire Computer
Equipment/Installation (Account No. 001-2311-522-60.57).
J 2. Path Resurfacing and Construction - Municipal Golf Course -
Whiteside Construction, Inc. in the amount of $69,140.50 with
funding from Municipal Golf Course - Other Improvements (Account
No. 445-4761-572-63.90).
J 3. Landscape Maintenance - Atlantic Avenue Phases I and II -
Tare Landscaping in the amount of $14,465 with funding from
Beautification Trust Fund - Beautification Maintenance Contracts
(Account No. 119-4144-572-33.49).
J 4. Gravity Sewer System Modifications - Veteran's Park - Dutch
Construction Company, Inc. in the amount of $35,732 with funding
from Water and Sewer Renewal and Replacement - Lift Station
Conversion to Submersible (Account No. 442-5178-536-61.83).
M~ III -- I.{I.{ I 35'1
rw\~ Sy ~ 5. Veteran's pafi Reaevelopment - Dutch Construction Company in
m6l1on1l' the amount of $440,069- (includes Alternates 1, 2, and 3), with
l,l.1Ctl in funding from 1987 Utility Tax - Veteran's Park (Account No.
11> OJ 333-4151-572-61.42), General Construction Fund - Redevelopment
~\-\\ 35'\ Veteran's Park (Account No. 334-4126-572-61.63) and Decade of
~L.\ I \ ~",3 Excellence Bond Issue (Account No. 225-4126-572-61. 63).
w\ ~\-Ts. I PR-SSw l.f +0 \ O-ync-H OISS'elmnS)
6 Currie Commons Park Redevelopment and Miller Field Expansion
- AGB Capital Properties, Inc. as follows:
~1Yy,J>~~ Currie Commons Park - $312,200 with funding from 1987
Utility Tax - Currie Commons (Account No.
(<\~ ' 333-4151-572-61.41) and Decade of Excellence Bond Issue -
~~I Redevelopment of Currie Commons Park (Account No.
225-4146-572-61.64).
~~ Miller Field - $603,366 with funding from 1987 Utility Tax -
t~~ Miller Park (Account No. 333-4151-572-61.40) and Decade of
00-
..(\ r<' e:.-
'.
.
Excellence Bond Issue - Miller Field South 10 Acres (Account
No. 225-4166-572-61.62).
7. Hurricane Shutters - Public Works Complex - Wrono
Enterprises, Corp. in the amount of $23,998 with funding from
Environmental Services - Buildings (Account No.
001-3111-534-60.31) and Water and Sewer Fund - Buildings (Account
No. 441-5161-536-60.31).
8 . Annual Bid Award - Fertilizer and Chemicals - Multiple Awards
to low responsive bidders as listed in the staff report- in an
estimated annual cost of $121,687 with funding from Golf Course
Gardening Supplies (Account No. 445-4714-572-52.26) and Parks
Maintenance - Gardening Supplies (Account No.
001-4131-572-52.26).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
'.
.
. ,
Agenda Item NO.1
AGENDA REQUEST
Date I September 14, 1992
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda Whenl September ~,2, 1992
Description of item (who, what, where, how much): Staff requests award by
Commission of the Construction ContraC't: for Vpt-pr~n'" P~.,.k (PN 91-01/9) t-o nl1t"rh
Construction Company. Inc.. the lowest responsiblp- rP-RponRivp hinnp.,. in t-hp
followin amount: Bas id' .
$ 13.800.00: Add Alt. 3 for site lightin~: $ 1q.~n.Oo. ~hp t"0t-~1 ront-.,.~rt-
amount is $ 440.0SQ.00 and the funding RourC'PR for t-hp projprf" ~.,.p Arrol1nr No'",.
111-4111-172-61.42. 114-41?~-,7?-~1.~1, ~nn ??~,~1?~-~7?-~1 ~1
ORDINnNCE/RESOLUTIO~ REQUIREDI YES/NO DRAFT ATTACHED YES/NO
- -
Recommendation: Staff recommends award of the contract to Dutch Construction.
Department Head Signaturel ~46.,;o~,/J r/I,//q "Z-
Determination of Consistency with Comprehensive Planl
city nttorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds)1
Funding available I E /NO
Funding alternatives ~if applicable)
nccount No. & Desc4iPtion~3-4ISI~-C;I"2-. hl-4Z-> 1",1 U-r/L IM-VE:.ffRMJ's PARle.
nccount Balance II .14'P
,
i ;S~-4'Z0-S.'2.01-"3 GENEKAL- C!oN5Tl? FI) ~ 'lDo,(()O
C ty Manager Reviewl 2- t- 4
s- IU..--<s12, ~1-b3 r)OC ~,2-" 77h
'2-~ -Lj I 'U CC7 ~ I
npproved for agenda: /NO eM- -.:.. 2 rr' - b 3 DO[. P+lAsf.::n::.. '2CD Q::O
Hold Untill I
Agenda Coordinator Reviewl
,
Received: 3?:(;) 37{7.
-
Placed on ngendal IN l ;;; /3 '?500
,
nction: ,/00/ 1'87
Approved/Disapproved
kif 3 39 ?; 7 ;;;...
I}lf / 'ILlOj 057
.
'_.
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E" M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RICHARD C. HASKO, P.E. W
ASSISTANT CITY ENGINEER
DATE: SEPTEMBER 15, 1992
SUBJECT: VETERANS PARK
PN 91-049
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached please find an agenda request for award of the
construction contract for the subject project to Dutch
Construction Co., Inc. , the lowest responsible responsive bidder.
The total contract amount is $ 440,059.00 which includes the base
bid "of $ 386,387.00, add alternate No. 2 of $ 13,800.00 for
furniture upgrades, and add alternate No. 3 of $ 39,872.00 for
site lighting.
The funding sources for the project are account
No's 333-4151-572-61.42, 334-4126-572-61.63, and
225-4126-572-61.63.
A bid tab is attached for your reference.
DH:kt
Attachment
cc: Ted Glas, Director of Purchasing
Joe Weldon, Director of Parks and Recreation
Sandee Mills, Adm. Asst. IV
File: 91-049 (D)
Memos to David T. Harden, City Manager
DHDH915.KT
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Agenda Item No.:
AGENDA REQUEST
Date: ~p-ptp-mhpr 14. 1qq?
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: September 22, 1992
Description of item (who, what, where, how much): Staff requests award by
Commission of the Construction Contract for improvements to Currie Commons and
Miller Park (PN 91-047 and 91-048 resp.) to AGB Capital Properties, Inc., the
lowest responsible responsive bidder in the following amounts:
Currie Commons: Base Bid: $ 320,000.00, less deduct Alt. 2 for Concrete
Poles = ($ 7.800.00) Total contract amount = ,
$ 312.200.00.
Miller Park: Base bid: $ 630.000.00.: less deduct Alt. 2 for Concrete
Poles = ($ 26.634.00) Total contract amount =
$ 603.366.00.
Fund in Sources: Currie Commons - Acc 1- - 1 - 1 - 1
Miller Park - Acct # 333-4151-572-61.40 225-4166-572-61.62
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of construction contract to AGB Capital
Properties. Inc.
Department Head Signature: F//~ s" ....J~~jJ 1,/;'I !f~
Determination of Consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~ed on all items involving expenditure of funds):
Funding available: YES 0
Fllnnin~ alte~natlves ~~I~ (if applicable)
Account No. & Descrt tion or -4IsJ-~1~.~/-4JI"~7UT'L. TX (lJAJ2t./f. ~Mo/.;..
Account Balance q~z-
City Manager Review: tD ~ ,~D l2s--414&-!512-, ({ (- ro [)Jt.- -/2EfY2-V ,CI,,{{Z.f2t[ <1OH 1101\6
,"- , VlI LLE]2.
Approved for agenda: e/~/M~3- 4/S/-S/Z-. 01-M 4 ~/ en IL T'J - f-1/ Lt[f? Pit V Ie.
Hold Until:
Agenda Coordinator Review: 1~1 J 'OD3
Z2S~4 fbtO-C72 to 1 b 2- \';r r1
Received: -., " . -- ,-",[ \:. - I L.l.E(2. r IE 1I)
Placed on Agenda: ~~716Ig ,7; .so (0 At..lE5
Action: ~ ~ 7 -qlll- 5CjI.~v/" 2- DH-~rr:- r2E~1?- V~
Approved/Disapproved 41~IJ~
/agenda.kt
.
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVE T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENT~RVICES
FROM: RICHARD C. HASKO, P.E.
ASSISTANT CITY ENGINEER
DATE: SEPTEMBER 15, 1992
I
SUBJECT: CURRIE COMMONS AND MILLER PARK IMPROVEMENTS
PN 91-047 AND 91-048
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached please find an agenda request for award of the
construction contract for the subject projects to AGB Capital
Properties, Inc. , the lowest responsible responsive bidder. The
total contract amount for Currie Commons is $ 312,200.00 which
includes the base bid of $ 320,000.00 less deduct alternate No. 2
for concrete light poles of ($ 7,800.00), and which will be
funded from Account No's 333-451-572-61.41, and
225-4146-572-61.64.
The total contract amount for Miller Park is $ 603,366.00 which
includes a base bid of $ 630,000.00 less deduct alternate No. 1
for concrete light poles of ($ 26,634.00) , and which will be
funded from Account No's 333-4151-572-61.40 and
225-4166-572-61.62.
The total contract price for both parks is $ 915,566.00. A bid
tab is attached for your reference.
DH:kt
Attachment
cc: Ted Glas, Director of Purchasing
Joe Weldon, Director of Parks and Recreation
Sandee Mills, Adm. Asst. IV
File: Memos to David T. Harden, City Manager
91-047 (D)
91-048 (D)
DHDH9152.KT
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,.
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMFNTAL SERVICES
FROM: RICHARD C. KASKO, P.E. 1;1
ASSISTANT CITY ENGINEER
DATE: SEPTEMBER 15, 1992
SUBJECT: INSTALLATION OF HURRICANE SHUTTERS AT THE PUBLIC WORKS
COMPLEX
PN 91-021
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request for award of the subject contract
to Wrono Enterprises Corp. , the lowest responsible responsive
bidder, in the amount of $ 23,998.00, as well as a bid tab for
your reference. The funding sources for the project are Account
No's 001-3111-534-60.31 and 441-5161-536-60.31.
DH:KT
Attachment
cc: Ted Glas, Director of Purchasing
Richard Corwin, Deputy Director of Public Works
Sandee Mills, Adm. Asst. IV
File: 92-021 (D)
Memos to David T. Harden, City Manager
DHDH0153.KT
~~7
.
. -
T ~CT 9;J-On IIlS'r1lLr..\TION OF Hl. ,.11 SHU'tTIR. Pall_ MO. 1
~T PUBLIC WORKS COMPL~ 07/27/92
BID '!!lJIULATI<Ja
COIlTllAcroa BASS_BID TO'1'AL EVAL ItD
__~.____._~~___~_~.~_____~_..___..__._.______.~_____~M__.______._~____..._________w_______~_____.-_~.._______..___.
23998.CO :n918.oo
\.
ROLLADEN IHe, 25~9~.OO 25.9....00
sotAJlOLL CORP. 26997.00 26187. DO
t'OLD1HG sHll'1"1'1R CORP 2870..00 2810.,00.
'.
- ,
.
GM200I13 City Of Delray Beach Florida 9/15/92
Fiscal Year 92 Account Balance Inquiry 11:12:55
Account number . . . : 1-3111-534.60-31
Fund . . 001 GENERAL FUND
. . . . . . .
Department . . . . . : 31 ENVIRONMENTAL SERVICES
Division . 11 PUBLIC WORKS ADMIN.
. . . . .
Activity basic . . 53 PHYSICAL ENVIRONMENT
. .
Sub activity . 4 GARBAGE/SOLID WASTE
. . . . .
Element . 60 CAPITAL OUTLAY
. . . . . . .
Object . . 31 BUILDINGS
. . . . . . .
,
BUdget . . . 4,000
. . . . . . . . . .
Actual expenditures - current . : .00
Actual expenditures - ytd . . . : .00
Unposted expenditures . . . . . .00
. .
Encumbered amount . . . . . . . . .00
.
Unposted encumbrances . . .00
. . . . .
Pre-encumbrance amount . . .00
. . . . .
Total expenditures . . .00 0.0%
. . . . . . .
Balance . . . . . . . . . . . . : 4,000.00 100.0%
F3=Exit F4=Detail transactions F5=Encumbrances
F7=Project information F12=Cancel F24=More keys
GM200I13 City Of Delray Beach Florida 9/15/92
Fiscal Year 92 Account Balance Inquiry 11:13:59
Account number . . . : 441-5161-536.60-31
Fund . . 441 WATER AND SEWER FUND
. . . . . .
Department . . . . : 51 WATER & SEWER
Division . . . . : 61 CAPITAL OUTLAY
Activity basic . : 53 PHYSICAL ENVIRONMENT
Sub activity . . 6 WATER/SEWER SERVICES
. . .
Element . . . . . . : 60 CAPITAL OUTLAY
Object . . . . . . . : 31 BUILDINGS
BUdget . . . . . . . . . . . . . : 36,063
Actual expenditures - current . .00
. .
Actual expenditures - ytd . . . : 12,621. 72
Unposted expenditures . . . . . 500.00
. .
Encumbered amount . . . . . . . : 500.00
Unposted encumbrances . . . . . : 500.00-
Pre-encumbrance amount . . . . .00
. . .
Total expenditures . . . . . . 13,121. 72 36.4%
. . .
Balance . . . . . . . . . . . . : 22,941. 28 63.6%
F3=Exit F4=Detail transactions F5=Encumbrances
F7=project information F12=Cancel F24=More keys
.
.
. .
Agenda I tem No. :
AGENDA REQUEST
Date: 09/16/92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 09/22/92
Description of agenda item (who, what, where, how much): Bid Award -
Co-op Bid 1192-59 Chemicals and Fertilizers - Annual Contract
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
to low responsive bidders as listed on memo,
687.00
Department
Deteraination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~Ej} NO . (if pplicable)
Funding alternatives:
Account No. & Description:~ rz:.""" CstE
. Account Balance: f~V
(fl>C-./ . It c 's /rfloe"' ~
City Manager Review: ""I'l-S72- S2. 2b ~C\(.- ,~~
Approved for agenda: ~'c~(t)D 'S'fflt (J
Hold Until: l>f)/ '1/3/ S72- U2.C,. l;. ~- en:s. AI~II\JT
Agenda Coordinator Review: ~ 2-S:~V -~/^J?
Received: '/ 's'ff'h C..s
Action: Approved/Disapproved
'IG
.
.
-
.
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager//:Jtt;J--
Administrative Services
THROUGH: Ted Glas, Purchasing Officer .'!1 ff
FROM: Jacklyn Rooney, Bid Specialist ~
DATE: September 16, 1992
SUBJECT: DOCUMENTATION - CITY COMMIS5ION MEETING -
September 22, 1992 - 81D AWARD - BID #92-59
CO-OP BID FOR CHEMICALS AND FERTILIZERS
I tem Before Ci ty Cominission:
The City Commission is requested to award multiple annual contracts
to firms as listed below at an estimated annual cost of $121,687.00.
Background:
The City of Delray Beach Purchasing Office 1S the lead organization
for this county cooperative contract. Bids we,-e received on August
14, 1992 from eighteen (18) vendors, all in accordance with City
purchasing procedures. (Bid #92-59. Documentation on file In the
Purchasing Office.) A tabulation of bids is attached for your
,-eview 0
Recommendation:
Attached is award recommendation listing each item. The Parks and
Recreation Department and the Golf Course have reviewed the bids and
recommends multiple awards to the low responsive bidders, as
highlighted on tab sheets.
Delray's Estimated
Vendor Annual Expenditure
Van Waters & Rogers $ 795.40
Helena Chemical Co. 30,148.45
Wheeler/Foremost 14,432.00
Asgrow Florida Co. 5,612.70
Lesco, Inc. 26,166.00
Pennington Seed Inc. 740.00
United Horticultural 4,057,'90
Regal Chemical Co. 2,027.50
Lykes Agri Sales 8,838.00
Atlantic FEC 14,045.20
Colonial Products 3,831.50
Liquid Ag Systems 4,000.00
Howard Fertilizer 6,992.35
Total Estimated Annual Cost $ 121,687.00
Attachments~
Tabulation of Bids
Award Recommendations
pc: Ray Eubank grc~
Tom Arendt
-
,
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City of Delray Beach Award Recommendations for: CHEMICALS
ITEM if PRODUCT VENDOR COMMENTS
1. Aatrex 4C Wheeler/Foremost Low Bidder
2. Affirm No bids received
3. AMA+2-4-D Asgrow Florida Low Bid -(Van Waters - Incorrect Price)*
4. Aqua-Gro L Asgrow Florida Low bids from Lesco, Parkway Research and
Southern Turf not equal to Aqua~Gro
Arsenal
5. Herbicide Asgrow Florida Low Bidder
6. Barricade Regal_ Chemical Low bids from Lesco Inc. and Lykes Agri
not equal products
7. Basagran Lesco, Inc. Low Bidder
Blazon SP
8. (or equiv) Lesco, Inc_ Low Bidder crracker is equal to Blazon)
9. Bayleton Lesco, Inc. Low Bidder
Chelate Iron Secon~ (Low bidder - Pennington-
10. Liquid Van Waters & Rogers Low B dder , minimum shipping size 55 gal)
1l. Chipco 26019 Helena Chemical Low Bidder
12. Daconil 2787 Asgrow Florida Low Bidder
13. Dithane ~45 Lesco, Inc. Low Bidder
14. Di-Syston Asgrow Florida Low Bidder
15. Dursban Plus Van Waters & Rogers Low Bidder
16. Dursban 2.32% Lesco, Inc. Low Bidder
17. Dursban 2 E United Horticultural Low Bidder
18. Dursban 4 E United Horticultural Low Bidder
Dursban (Awarded to Pennington as Colonial
19. Cricket Bait Pennington Seed Low Bid minimum shipping size 4000 lbs.)
20. Entice Helena Chemical Low Bidder (Coax equal to Entice)
Fire Ant (Low bidder Lykes""" minimum shipping
2l. Amdro Bait Van Waters Tie-Bid size 100 lbs. - Second loW bid tie
with Lesco - Awarded to Van Waters
- local vendor) **
Fire Ant (Awarded to Van Waters -
22. Whitmire PT270 Van Waters Tie Bid local vendor) **
Gro Safe
23. Activated Charcoal Asgrdw Florida Low Bidder
24. I1loxan 3EC Helena' Chemical Low Bidder
25. Image Helena Chemical Low Bidder
26. Kerb 50 W Regal Chemical Low Bidder (Van Waters pricing
Incorrect) *
27. Mocap 5G Helena Chemical Low Bidder (United Horticultural pricing of
1.50 is per lb. not bag)
.
-
Award recommendations for Chemicals Cont....
It em II Product Vendor Comments:
28. Mole/Cricket Bait No Award - same as item 1119
29. MSMA United Horticultural Low bidder Asgrow '"',Bueno is not equal
Awarded to United Horticultural
Daconate Super 6.6%
30. Malathion 5% Helena Chemical Low bidder
Tie bid with Atlantic FEC, Awarded to
31. Nemacur 10Q Helena Chemical Helena Chemical - local vendor **
32. Nemacur (3) Helena Chemical Low Bidder
33. Oftanol Helena Chemical Low Bidder
34. Orthene TTO Helena Chemical Low Bidder (Van Waters Pricing incorrect)*
35. Pagant Lesco Inc. Low Bidder
36. Paraquat United Horticultural Low Bidder
37. Pre-M Lesco Inc. Low Bidder
38. Ronstar 2 G Regal Chemical Low Bidder
Low Bidder Van Water - 30 gal drum minimum
39. Round-UP Helena shipping size -(too large)
40. Rubigan A.S. Regal Chemical Low bid ":'(Van Waters - incorrect price)*
41. Sencor 75 T.H. United Horticultural Low Bid - (Van Waters - incorrect price)*
42. Seven WP 5% Helena Chemcial Low Bidder (Van Waters product "not a
wettable powder")
43. Seven SL Van Waters Tie bid -(Van Waters local vendor) **
Low bid from Colonial - 55 gal drum
44. Sticker Regal Chemical minimum shipping size - too large
45. Subdue (gal) Helena Chemical Low Bidder
46. Subdue (lbs'. ) Asgrow Florida Low Bidder
47. Surflan Helena Chemical Low Bidder
48. Spectracide No bids received
49. Trimec Plus United Horticultural Low Bidder
50. Triump 4E Helena Chemical Low Bidder
Low bid from Uni-Chem Corp. - minimum
51. Wetting Agent Van Waters shipping size 5 gal / 20 gal. - too large
* See attached letters from Van Waters & Rogers stating incorrect pricing
on items 26, 34, 40, 4 1, and 3.
**
Tie Bids - City of Delray Beach awards to local vendor and/or closest vendor
'.
. City of Delray Beach Award Recommendations for: FERTILIZERS
It em 41 Product Vendor Comments
1. 14-14-14 Colonial Products Low Bidder
24-5-11 Low bid from Lesco Inc. not equal as
2. FE + MN Atlantic FEC minors requested different
22-5-7
3. + Atrazine Howard Fertilizer Low Bidder
4. 22-0-22 Howard Fertilizer Low Bidder
16-4-8 Lykes Agri Low Bidder
5. Premimum
6. 6-6-6 Wheeler/Foremost Tie bid with Lesco Inc., Awarded to Wheeler
as Lesco product specifications per label
40% Organic not equal
7. 16-4-8 with Wheeler/Foremost Low Bidder
Minor Elements
8. 21-0-0 Sulfate Lykes Agri Sales Low Bidder
of AI\1Illonia
9. 10-10-10 Wheeler/Foremost Low Bidder
10. 15-5-15 Wheeler/Foremost Low Bidder
11. 32-0-0 Liquid Ag Systems Low Bidder
12. 20-20-20 Lykes Agri Low Bidder
13. Milorganite Asgrow Florida Low Bid from Wheeler not equal (Ferrene
6-2-0)
14. 30-10-7 Howard Fertilizer Low Bidder
Arbor-Green
15. 17-1-10 Greens Wheeler/Foremost Low Bidder
Grade Fertilizer
16. 29-3-5 Fert. Lesco Inc. Low Bid from Colonial Products not equal
w/dursban - does not meet specifications
17. 0-0-21 SUL- Lykes Agri Sales Low Bidder
PO MAG
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18. Manganese Asgrow Florida Low Bidder
Sulfate
19. Magneseum Pennington Seed Low Bidder
Sulfate
(Epson salts)
20. 13- 3-13 Lesco Inc. Tie bid with Howard. Awarded to Lesco
Palm Fert. as Howard states minimum shipping size
of 1 ton/ one ton delivery
F
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Van Waters & Rogers Inc. ,rk SOUTHwerr 15Tl-i AVE
b .A.... d Unn ~r I BUIU:lIN!;il EI
SU S1UlQr!:j I Y g :DELRA Y E1iiACH. FL 33444
; PHONe (.ao7j 243-0001
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September 14, 1.992 !
Ms. Jackie Rooney
city of Delray Beach
Purchasing Department
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Jackie: I
Once aqain you were correct in your aSSUlIlption that I incorrectly
bid an item. Item # 3" (2,4-D) on bid # 92-59 was incorrectly bid
at $4.78/GL when it should have been bid at $1.1. 95/GL.1 Once again,
I amt:ru1.y sorry for the mistakes, and. rest assured that on future
bids I will take greater care to avoid such errors. ,
The qood news is that on Items 10, 15, 21, 22, 43 a~d 51., on the
same bid, the prices are correct and Van Waters & Ro~ers, Inc. is
pleased to extend those prices for the next 12 months 1 If you have
any questions or need further assistance please call. Thank you
again for your patience and understandinq
Sincerely,
C ~~:- ~
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Eric A. MacKellar I
Sales Representative
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Van Waters & Rogers Inc. 1 SOUT1-iWEST 15T1--l AVe.
subsicflary of Unlvar BUlLOlNG B
ELRAY BEACH.. FL ~
~ONE [407] 243-0001
September 14, 1992
Ms. Jackie Rooney
city of Delray Beach
Purchasing Department
100 N.W. 1st Avenue
Delray Beach, FL 33444-
Dear Jackie:
This letter is to lllfonn you that we have some incorre t pricing on
bid # 92-59. Please make the following chanqes to yo records:
Item # 26 - Kerb Was Bid $6.79/# Be $20.37#
Item # 34 - orthene TTO Was aid $.905/# Shoul Be $9.05/#
Item # 40 -Rubigan AS Was Bid $52.13/GL Shou Be $240/GL
I:tem # 41 - SQncor 7 STH Was Bid $4.99/# Shaul Be $24.95/1
I apoloqize for the above errors. Thank you for your derstanding
in this matter and t"or your interest in Van waters & ogers, Inc.
Sincerely, ,
L~/~
Eric A. MacKellar
Sales Representative
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # If J\ - MEETING OF SEPTEMBER 22. 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: September 18, 1992
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period September
8, 1992 through September 18, 1992. The following actions were
considered during this reporting period:
Site Plan Review and Appearance Board:
-Approved a minor site plan modification, landscape plan and
architectural elevation plan in conjunction with the upgrading of
the parking, landscaping and facade for the Publix Shopping
Center.
-Approved a minor site plan modification, landscape plan and
archi tectural elevation plan for a building addition for the
Lakeview Baptist Church.
-Approved a basic site plan and architectural elevation plan
associated with the Lakeside Christian Center Church facility.
Historic Preservation Board:
-Denied a Certificate of Appropriateness, minor site plan
modification, landscape plan and architectural elevations
associated with the provision of additional parking spaces for
the existing multi-family dwelling units and the potential
conversion of the existing to offices at 401 N.E. 2nd Avenue.
-Granted a Certificate of Appropriateness and approved a minor
site plan modification in conjunction with the establishment of a
sidewalk cafe at Polly Noe's Antiques.
-Granted a Certificate of Appropriateness in conjunction with
facade changes (entrance canopy, window awning and business
signs) for the Busch's Restaurants (formerly Brandy's).
The Planning and Zoning Board did not hold a regular business meeting
during this reporting period.
5-0
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C>K
M
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
')C)U~o?
THRU: ~t-~CS, DrREeTOR
DEPARTMENT OF PLANNING AND ZONING
(~t'a/,u;~ {U~
.I
FROM: 6ASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF SEPTEMBER 22, 1992
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 8, 1992, THRU SEPTEMBER 18, 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 September 8, 1992, through
September 18, 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
September 8, 1992 thru September 18, 1992
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF SEPTEMBER 16,
1992: :
1. Approved a minor site plan modification, landscape plan and
architectural elevation plan in conjunction with a general
upgrading of the parking and landscaping and a new facade
for the Pubix Shopping Center, located at the northeast
corner of NE 2nd Avenue and 3rd Street (Vote 6 to 0).
2. Approved a minor site plan modification, landscape plan and
architectural elevation plan associated with a building
addition for the Lakeview Baptist Church, located on the
east side of Swinton Avenue, north of NE 22nd Street (Vote
6 to 0).
3. Approved a basic site plan and architectural elevation
plan, associated with the construction of the Lakeside
Christian Center Church facility, located on the east side
of Swinton Avenue, immediately north of Unity Church and
School (Vote 6 to 0) . The Board deferred action on the
landscape plan so that a more complete plan may be
submitted for review.
No other appealable items were considered by the Board. However,
the following agenda items required Board action:
* Approved the business sign for Engleman's Kosher Foods
within the Delray Square Shopping Center, located at the
northeast corner of Atlantic Avenue and Military Trail.
* Approved the business sign for Mr. Auto Insurance, located
at 234 NE 5th Avenue.
* Denied the business sign for Kokomo's, located at 5020 W.
Atlantic Avenue.
HISTORIC PRESERVATION BOARD MEETING OF SEPTEMBER 16, 1992
A. Denied ( 6 to 0 vote) the requests for a Certificate of
Appropriateness, minor site plan modification, landscape
plan and architectural elevation plan associated with the
provision of additional parking spaces for the existing
multi-family dwelling units and the potential conversion of
the existing structure to offices at 401 NE 2nd Avenue.
In conjunction with this item, the Board initially
recommended that the City Commission approved a waiver to
the perimeter landscape requirements. However, since the
Board denied the site plan modification the waiver issue
becomes moot.
'.
City Commission Documentation
Report of Appealable Land Use Items
September 8, 1992 thru September 18, 1992
Page 3
Associated actions also included two variance requests,
namely,
- a reduction from the 24' aisle width for perpendicular
parking. The aisle widths provided are 22' and 18'.
This variance was denied on a 4 to 2 vote.
- the utilization of a pea rock parking surface. Parking
lots (in excess of 12 spaces) must be improved with a
paved or hard surface. This variance was approved on a
6 to 0 vote.
(These variances are not appealable items).
B. Granted a Certificate of Appropriateness, and approved a
minor site plan modification in conjunction with the
establishment of a sidewalk cafe at Polly Noe' s Antiques,
located on the south side of Atlantic Avenue, just east of
Swinton Avenue (Vote 6 to 0).
C. Granted a Certificate of Appropriateness in conjunction
with facade changes (entrance canopy and window awning and
business signs) for the Busch's Restaurant (the former
Brandy's Restaurant) within the Boyd Building which is
located at the southeast corner of Atlantic Avenue and Palm
Square (Vote 7 to 0).
No other appealable items were considered by the Board.
However, the following agenda item required Board action:
* Recommended that the City Commission amend Ordinance 70-89,
relating to the Historic Designation for the Fox Fountaine
site, to allow an additional 850 square feet of gross floor
area, resulting in a residence with a total of 3,250 gross
square feet (Vote 5 to 2).
PLANNING AND ZONING BOARD (PZB): No Regular Business meeting was
held during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF SEPTEMBER 22, 1992
L-30 CANAL
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LAkE IDA ROAD
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LOWSON BOULEVARD
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UNTON BOULEVARD :z:
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L-JI CANAL'
H.P.B. ITEMS: S.P.R.A.B. ITEMS:
A. - 401 N.E. 2ND A.VENUE 1. - PUBLlX
B. - POLLY NOE AT POST OHICE SQUARE
C. - BOYD BUILDING 2. - LAKEVJEW BAPTIST CHURCH
N 3. - LAKESIDE CHRISTIA.N CENTER
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CITY OF DURAY BEACH, FLORIDA
PLANNING OEPARTNENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM it CfI3 - MEETING OF SEPTEMBER 22. 1992
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION
DATE: September 181 1992
This item is before you to consider an appeal of a decision made by
the Site Plan Review and Appearance Board denying an amendment to the
Master Sign Program to allow two flat wall sign for Gold Coast
Chiropractor located at 1000 Linton Boulevard.
The applicant requested two 35 square foot signs for the north and
west elevations based upon the rationale that one flat wall sign would
not provide exposure from all angles of the corner store front.
The Board had concerns with the double signage. Their discussion
included concerns with regard the precedent it would establish for the
shopping center and the other corner locations which would be
affected. Bizmart, Target and Circuit City are all major anchor
stores in Delray Crossing and under the master sign program have
additional flat wall signage facing 1-95.
Staff recommends denial of the appeal.
Recommend consideration of an appeal of a decision made by the Site
Plan Review and Appearance Board denying an amendment to the Master
Sign Program to allow two flat wall signs for Gold Coast Chiropractor
located at 1000 Linton Boulevard.
In otWn to d~/flLj Y/\.L QpfUflL
Lf -fo I
(I'flauu d"S5E1J17f7Cj)
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. Agenda Item No.:
AGENDA REQUEST
Date: 9/2/92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 9(ik
Description of agenda item (who, what, where, how much):
Appeal of Site Plan Review and Appearance Board's Decision
for Gold Coast Chiropractic Center Signage
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Denial
Department Head Signature: ~{ /~
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: @/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'. 1.'1
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: APPEAL OF SPRAB'S DECISION FOR GOLD COAST CHIROPRACTIC
- --
DATE: SEPTEMBER 1, 1992
ITEM BEFORE THE COMMISSION:
- -
An appeal to the City Commission of the Site Plan Review and
Appearance Board's (SPRAB) decision regarding a request for an
additional flat wall sign on a corner location in Delray
Crossing. This action appeals the decision made by the Board at
their regular meeting of August 19, 1992.
BACKGROUND:
The applicant submitted a request to SPRAB to amend the master
sign program to allow for an additional flat wall sign for Gold
Coast Chiropractic Center. The store is on a corner location
within the Delray Crossing Shopping Center with a north elevation
exposure. The applicant requested two ( 2) 35 sq. ft. signs (20'
x 22") for the north and west elevations.
The Board had concerns with the double signage. Their discussion
included the precedent it would establish for the shopping center
and the other corner locations which would be affected. Bizmart,
Target and Circuit City are all major anchor stores in Delray
Crossing and under the master sign program have additional flat
wall signage facing 1-95.
RECOMMENDATION:
Staff is recommending City Commission denial of the appeal to
SPRAB's decision for a second flat wall sign requested by the
owner of Gold Coast Chiropractic Center.
LB:DQ
Attachment - SPRAB minutes
D14
GoldCst.CC
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~INUTES: Site Plan Review and Appearance Board
August 19, 1992
Page 4
Represented by Joshua Robinson. Staff had concerns regarding the tenant
copy. The members were asked for their opinions. Mr. DeOto did not feel
the sign was an enhancement. Mr. Fisher suggested the applicant use the
plaza name and felt the sign appeared cluttered; the plaza is loosing its
identification without the plaze name. Mrs. Oster felt the sign appeared
cluttered and did not enhance the plaza. Mr. LaSalle noted the application
had not changed since the last presentation. Mr. Sowards felt the sign was
very difficult to read. Mr. Marsh stated he agreed with the members.
After discussion. Mr. Fisher moved to deny the request for signage for
Regency Plaza II. Seconded by Mrs. Oster. The applicant replied that the
sign was the desire of the tenants. He was informed he could appeal the
decision of the board. The vote was as follows:
Jess Sowards Yes
Sam DeOto Yes
Debora Oster Yes
Gene Fisher Yes
Tom LaSalle Yes
Mark Marsh Yes .
(sign denied)
C. Gold Coast Chiropractor 92-17771
1000 Linton Boulevard - Suite A-7
Sign Craft. Inc.
Amendment to the Master Sign Program & an Excess Flat Wall Sign
Represented by Dr. Douglas Manolakos. The code allows only one (1) flat
wall sign. The applicant stated he has two (2) store fronts. The members
were asked for their opinions regarding the application. Mr. Sowards was
concerned with the double signage. Mr. LaSalle stated he was in agreement.
Mr. DeOto stated he would not approve two (2) signs. Mr. Marsh felt that
two (2) signs were a problem and would consider one (1) sign. The members
appeared to be in agreement. Mr. Sowards moved to deny the second sign;
the two (2) signs as presented. Seconded by Mr. LaSalle with the vote as
follows:
Jess Sowards Yes
Debora Oster Yes
Tom LaSalle Yes
Gene Fisher yes
Sam DeOto Yes
Mark Marsh Yes
(application denied)
IV. MISCELLA..\mOUS
A. Shining Through
430 East Atlantic Avenue
Shannon Shacy
Color Change for Fascia & Awning of a Retail Store
Reoresented bv Shannon Shacy. The applicant intends to change the color of
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9273 S. w. 8th St.
Boca Raton Florida 33428
August 21 , 1992
City Clerk
City of Delray Beach
100 N.S. 1st. Avenue
Delray Beach, Florida 33444
RE: Delray Crossings
Appeal Decision
Gold Coast Chiropractic
Dear City Clerk,
I am requesting an appeal of a board decision made on August
nineteenth 1992 concerning signage for my chiropractic office.
I have a corner office front which requires a sign facing
each dedicated street for adequate exposure. It was ruled that
for aesthetic reasons I could only have one sign. I feel
the decision made was unfair, it seemed the board members
had already made their decision before I had a chance to
present my case.
Being a corner store front, signage on one side would not
provide exposure on all angles as a flat store front would.
For example, a patron standing inside of the shopping center
could not know we were there if we only had a sign facing
Linton Blvd. Conequently, a sign facing within the shopping
center would prevent major exposure to the heavily traveled
Linton Blvd. Furthermore there are three precedents that
allow Bizmart, Target, and Circuit city , which are all in the
same center, to have two signs.
I hope you take another look at our situation and consider
our appeal.
Thankyou for your time.
71rf!~:U:S'DJ;JJ
Dr. Dougla~lakOS
Gold Coast Chiropractic Center
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[ITY DF DELRAY BEA[H
:oo..~~\: '.....::.,'.=-";!~:: . -~ -~ ~ -,~ - ~.~.l . ;. ~ " :
September 11, 1992
Dr. Douglas Mano1akos
Gold Coast Chiropractic Center
9273 S.W. 8th Street
Boca Raton, FL 33428
Re: Appeal of Site Plan Review and Appearance Board Decision/
Signage for Gold Coast . Chiropractic Center (Delray
Crossings/1000 Linton Boulevard, Suite A-7)
Dear Dr. Manolakos:
Pursuant to our telephone conversation of September 8 , 1992,
please be advised that the above referenced matter was postponed
from the City Commission's regular meeting of September 8, 1992.
The appeal is now scheduled for consideration by the City
Commission at the regular meeting to be held on Tuesday,
September 22, 1992. The meeting will begin at 6:00 p.m. and will
be held in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
You may wish to check with my office prior to the September 22nd
meeting to determine the item's standing on the agenda. Should
you have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
Wuxm f/)JLJI~ /laIty
Alison MacGregor Harty
City Clerk
AMH / m
cc: Cheryl Leverett, Agenda Coordinator
THE EFFORT ALWAYS MATTERS
,
. . . . . .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t>>V/
SUBJECT: AGENDA ITEM # 913 - MEETING OF SEPTEMBER 8. 1992
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION
DATE: September 4, 1992
This item is before you to consider an appeal of a decision made by
the Site Plan Review and Appearance Board denying an amendment to the
Master Sign Program to allow two flat wall sign for Gold Coast
Chiropractor located at 1000 Linton Boulevard.
The applicant requested two 35 square foot signs, 20 feet x 22
inches, for the north and west elevations based upon the rationale
that one flat wall sign would not provide exposure from all angles of
the corner store front.
The Board had concerns with the double signage. Their discussion
included concerns with regard the precedent it would establish for the
shopping center and the other corner locations which would be
affected. Bizmart, Target and Circuit City are all major anchor
stores in Delray Crossing and under the master sign program have
additional flat wall signage facing 1-95.
Staff recommends denial of the appeal.
Recommend consideration of an appeal of a decision made by the Site
Plan Review and Appearance Board denying an amendment to the Master
Sign Program to allow two flat wall signs for Gold Coast Chiropractor
located at 1000 Linton Boulevard.
'.
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CITY DF DElHAY BEA[H
:,-;1.) " . ......... .
September 2, 1992
Dr. Douglas Manolakos
Gold Coast Chiropractic Center
9273 S.W. 8th Street
Boca Raton, FL 33428
Re: Appeal of Site Plan Review and Appearance Board Decision/
Signage for Gold Coast Chiropractic Center (Delray
Crossings/1000 Linton Boulevard, Suite A-7)
Dear Dr. Manolakos:
This is to acknowledge receipt of your letter of appeal with
respect to the action taken by the Site Plan Review and
Appearance Board at the meeting of August 19, 1992, on the
above-referenced matter. Pursuant to Section 2.4.7 of the Land
Development Regulations, the appeal was received in a timely
manner by the City Clerk's office on September 2, 1992.
Please be advised that the matter will be scheduled for
consideration by the City Commission at the regular meeting to be
held on Tuesday, September 8, 1992. The meeting will begin at
6:00 p.m. and will be held in the Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
You may wish to check with my office prior to the September 8th
meeting to determine the item's standing on the agenda. Should
you have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
~ if)Je/(hp!/a:ziT
Alison MacGregor Harty
City Clerk
AMH/m
cc: Lula Butler, Director of Community Improvement
Diane Dominguez, Planner III
Joyce Desormeau, Signs/License Administrator
Cheryl Leverett, Agenda Coordinator
Anita Barba, Board Secretary
THE EFFORT ALWAYS MArrEri'O
.
- . ..... . ^
9273 S.w. 8th St.
Boca Raton Florida 33428
August 21, 1992
City Clerk
City of Delray Beach
100 N.S. 1st. Avenue
Delray Beach, Florida 33444
RE: Delray Crossings
Appeal Decision
Gold Coast Cniropractic
Dear City Clerk,
I am requesting an appeal of a board decision made on August
nineteenth 1992 concerning signage for my chiropractic office.
r have a corner office front which requires a sign facing
each dedicated street for adequate exposure. It was ruled that
for aesthetic reasons I could only have one sign. I feel
the decision made was unfair, it seemed the board members
had already made their decision before I had a cnance to
present my case.
Being a corner store front, signage on one side would not
provide exposure on all angles as a flat store front would.
For example, a patron standing inside of the shopping center
could not know we were there if we only had a sign facing
Linton Blvd. Conequently, a sign facing within the shopping
center would prevent major exposure to the heavily traveled
Linton Blvd. Furthermore there are three precedents that
allow Bizmart, Target, and Circuit City , which are all in the
same center, to have two signs.
I hope you take another look at our situation and consider
our appeal.
Thankyou for your time.
,:\
Sincar~ yours, I'
" ~ /I
J " ~' ;-'/, /~,
J /' 'i: ' '-//'
" 'l : ,",~L~": - _ v,:' -:.:'-<-;
RECEIVED Dr. Do~gla~Manolakos
Gold Coast Chiropractic Center
q I Q..j9 ~ t2.rm
CITY CLERK
..
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM it 9c. - MEETING OF SEPTEMBER 22. 1992
SELECTION OF CONSULTING FIRM/SWINTON AVENUE BEAUTIFI-
CATION PROJECT
DATE: September 18, 1992
This item is before you to approve the ranking of the top four
consulting firms and to authorize staff to negotiate a contract for
landscape architectural and engineering services in conjunction with
the Swinton Avenue Beautification project.
The Request for Qualifications (RFQ) for this project was advertised
on August 13, 1992. Fifteen responses were received. Staff reviewed
the proposals based on similar project experience, ability to provide
aerial and ground surveys, insurance coverage, completeness of
submittal, references and business stability. A short list of four
firms was created and ranked as follows:
1. Kimley - Horn and Associates, Inc.
2. Greenhorne O'Mara, Inc.
3. Lawson Noble and Associates, Inc.
4 . A. Grant Thornbrough and Associates.
Funding for professional services was allocated in the first issue of
the Decade of Excellence Bond (Account No. 225-4141-572-61.48);
construction services are provided for in the second issue.
Recommend ranking of top four consulting firms at the conclusion of
presentations, and authorize staff to enter into contract
negotiations for professional services (landscape architectural and
engineering) in conjunction with the Swinton Avenue Beautification
project:
'RPsn~lnG} -
/. A. G-eAn-1 Iho~ b~W1 h
~. LAulSon lJo&..~
3. ~i m \~l.f Ho~ motam ~
,5-0
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT L6
SUBJECT: SWINTON AVENUE BEAUTIFICATION - CONSULTANT SELECTION
DATE: SEPTEMBER 15, 1992
ITEM BEFORE THE COMMISSION:
- -
The selection of a consulting firm to provide Landscape
Architectural/Engineering services for the beautification of Swinton Avenue.
Four firms will make presentations to the City Commission at their September
22, 1992 meeting.
BACKGROUND:
The City of Delray Beach advertised for a 'Request for Qualifications' to
engage the professional services of a Landscape Architectural/Engineering
firm for the beautification of Swinton Avenue on August 13, 1992.
Funding for professional fees has been allocated in the first issue of the
Decade of Excellence Bond, and the money needed for construction will be
available in the second issue of the D.O.E. Bond.
Fifteen Firms responded to the R.F.Q. per the attached list. The Selection
Committee comprised of Joe Weldon, Lula Butler, Ralph Hayden, Nancy Davila
and Bill Wilsher (member of Swinton Task Team and Landscape Architect for
P.B. County Parks) reviewed the proposals based on similar project
experience, ability to provide aerial and ground surveys, insurance
coverage, completeness of submittal (including Standard Forms 254 and 255),
references, business stability and gut feeling.
The Selection Committee pared the list to four firms and ranked them as
follows:
l. Kimley - Horn and Associates, Inc.
2. Greenhorne O'Mara, Inc.
3. Lawson Noble & Associates, Inc.
4. A. Grant Thornbrough & Associates
Copies of their proposals have been included as backup.
A thumbnail sketch of the Firms and apparent strengths or weaknesses is
provided herein.
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A. Grant Thornbrough ~ Associates
Landscape Architectural/Land Planning firm has combined forces with Heller,
Weaver and Cato, Inc., Civil Engineers and Surveyors.
Project will be under the direction of Grant Thornbrough, ASLA, who has
, previous experience with the City working on the Tennis Center landscaping
and has designed the landscaping for the Old School Square, Miller Park and
Currie Commons. His office is located on Swinton Avenue and consequently,
has a good understanding of the problems associated with the project.
The Firm has similar project experience on Yamato Road median landscaping,
Boca Pointe along Powerline Road, and has designed landscaping for Cypress
Creek Road and conceptual plans for Banker's Row Historic District.
Although the Firm is small by comparison, they have three registered
Landscape Architects on staff.
RECOMMENDATION:
Staff is recommending City Commission consideration and ranking of four (4)
consultants as submitted by staff, and authorize staff to negotiate with the
top-ranked firm for the specific scope of services requested.
LB : ND
Attachments
ND
SwintCon.Mem
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12. Lawson, Noble & AssociateS, Inc.
420 Columbia Drive
West Palm Bch, FL. 33409
13. Keshavarz & Associates, Inc.
4425 Beacon Circle
Suite 201
West Palm Bch, FL. 33407
14. Stanley Consultants
2000 Lombard Street
West Palm Bch, FL. 33407
15. Jerry Turner & AssociateS of
Florida, Inc.
25 Seabreeze Avenue
Delray Bch, FL. 33483
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: 'if
li,L CITY MANAGER
SUBJECT: AGENDA ITEM i q D - MEETING OF SEPTEMBER 22. 1992
AWARD OF BID FOR TENNIS CENTER/STADIUM PROJECT
DATE: September 18, 1992
At the time the agenda was complete staff was still preparing backup
material for this item. It is anticipated that the backup material
will be forwarded to you prior to Tuesday evening's meeting.
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Recommended Changes to Tennis Center Bid Award
Alt 4. Add 3 flagpoles $ 5,000
Alt 5. Add wall mural on east wall 6,200
Alt 13. Do not substitute Queen Palms for
Green Malayan Dwarfs 29,375
Alt 16. Reduce height of Green Malayan Drarfs
from 8 ft g.w. to 6 ft (9,400)
Previously Recommended Award 2,460,688
REVISED BID AWARD $2,491,863
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Proposed
Tennis Facilities Budget
Revised as of 9/22/92
'J'ennis Stadium: Construction $1,110,000
Design Fees r 93, 10~
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Parking Study 6,000
$1,209,100
Tennis Center: Construction $1',390,000
Demolition 19,000
Design Fees t12o,0021
Surveying 19,150
Property Acquisition ilp~ 250,000
$1,798,150
Total Project Cost $3,007,250
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:t CITY MANAGER
SUBJECT: AGENDA ITEM i Cf'~ - MEETING OF SEPTEMBER 22. 1992
LICENSE AGREEMENT/HIGHBRIDGE ASSOCIATES AND COASTAL PART-
NERS LIMITED
DATE: September 18, 1992
This item is before you to consider entering into a license agreement
with Highbridge Associates and Coastal Partners Limited for the use of
a portion of Canal Street to install a dock and for the purpose of
food and beverage service.
The license agreement is for 25 years with automatic one-year renewals
thereafter. The license fee for the 25 year period and one-year
renewal periods is $1,200 per year. In addition, a supplemental
license fee of $37,092, payable within 30 months, is set forth to
cover some of the expenses of a riverwalk should the City decide to
construct such improvements within 10 years of the date of the
agreement. If the City does not construct the riverwalk, the
supplemental license fee and interest thereon should be returned to
the applicant.
Recommend consideration of a license agreement with Highbridge
Associates and Coastal Partners Limited for the use of a portion of
Canal Street to install a dock and for the purpose of food and
beverage service.
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:JTY OF DELRAY BERtH
~ 1 .'!'V \ fTORNEY'S OFFICE . .-
,; 1 "S Wr~t_r'. D~r_ct L~n_
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(407) 243-7081
MEMORANDUM
Date: September 18, 1992
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: License Agreement - Canal Street - Brandys
Highbridge Associates and Coastal Partners Limited (Mr. Burt
Handlesman) desires to enter into a license agreement for use
of a portion of Canal Street, as shown on Exhibit A, to install
a dock and for the purpose of food and beverage service.
The license is for 25 years with automatic one-year renewals
thereafter. The license fee for the 25-year period and
one-year renewal periods is $1,200 per year. In addition, a
supplemental license fee of $37,092.00, payable within 30
months, is set forth to cover some of the expenses of a
riverwalk should the City decide to construct such improvement
within ten years of the date of the agreement. If the City
does not construct the riverwalk within ten (10) years from the
date of the agreement, the supplemental license fee and
interest thereon should be returned.
place this agreement on the September 22, 1992 City
io agenda for City Commission consideration.
Attachment
cc: Alison MacGregor Harty, City Clerk
David Kovacs, Director of Planning & Zoning
Arthur Menor, Esq.
Michael Weiner, Esq.
brandys.sar
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LICENSE AGREEMENT
This License Agreement is made this day of
, 1992 between the City of Delray Beach,
Florida, a Florida municipal corporation (the City) and
Highbridge Associates, a Connecticut limited partnership
authorized to transact business in Florida as Highbridge
Associates Limited partnership, and Coastal Partners Limited
Partnership, a Delaware limited partnership (collectively, the
Licensee) .
WIT N E SSE T H
WHEREAS, the City Conunission of the City of Delray
Beach, Florida, desires to authorize the Licensee to use a
certai~ublicly dedicated right-of-way; and,
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WHEREAS, the Licensee is desirous of constructing
certain improvements on a portion of said right-of-way.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS
SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES
HEREBY AGREE AS FOLLOWS:
1. Incorporation. The recitations set forth above
are incorporated herein.
2. License Aqreement - Licensed Premises. The City
grants to Licensee permission to use the publicly dedicated
right-of-way of the City as described in EXHIBIT "A" attached
hereto and made a part hereof (hereinafter referred to as the
licensed premises or the subject property). The intention of
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the parties is to create a license only. This Agreement
confers no leasehold interest and should be construed by a
court of competent jurisdiction to be a License Agreement only. .
3. Term of License. The License Agreement shall
extend for a period of twenty-five (25) years from the date of
this License Agreement and shall automatically renew for
successive additional one ( 1) year periods thereafter unless
either party gives notice of its intent not to renew sixty (60)
days prior to the expiration of the twenty-five (25) year term
or one year automatic renewal terms, unless the agreement is
cancelled, or terminated as provided herein.
4. Use of Licensed Premises. The Licensee may use
the above described property for the following purposes:
Installation, maintenance, and use of improvements
associ~d with a boat dock which shall be installed primarily
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in the Intracoastal Waterway abutting the right-of-way,
including, without limitation, anchoring devices, ramps,
walk-overs, handrails, lighting and associated utility lines;
ingress and egress from the property owned by Licensee over the
subject property to the boat dock. Further, the Licensee and
tenant of Licensee may use the licensed premises for the
purpose of serving food and beverages so long as this use
comports with all the Land Development Regulations.
5. Conditions of Use. The City's permission to use
the licensed premises is subject to the following conditions:
(a) Any and all other purposes and uses consistent
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with the foregoing purposes and uses as referenced in Paragraph
4 above, or ancillary to such purposes and uses may be permit-
ted only upon further written consent by the City.
(b) No above ground permanent structures or walls
shall be constructed on the subject property without the City's
written consent or the consent of other parties having an
interest in the property, other than the improvements described
in Paragraph 4 above, which may be constructed upon issuance of
a building permit therefor by the Ci ty provided the Licensee
has received all other necessary governmental permits.
(c) All improvements proposed by the Licensee and as
referred to in Paragraph 4 and any other improvements proposed
by the Licensee and referred to in Paragraph Sea) to the
licensed premises shall be constructed by the Licensee
provid~ however, that the City also retains the right to make
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and construct improvements to the licensed premises during the
term of this license agreement. The City shall use its best
efforts to not disturb improvements made by Licensee or
interfere with the rights granted to Licensee hereunder. The
Licensee understands that the construction of a river walk will
cause disruption to the licensed premises.
(d) The Licensee shall maintain and keep in good and
proper repair all improvements to the licensed premises made by
Licensee at its sole cost and expense, with no cost to the
City. The Licensee shall keep the entire licensed premises
free of litter and debris, and in a neat and orderly condition.
The Licensee understands that any improvements made by the City
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to the Sea Wall, public utilities, road surface or any other
improvements made by the City which cause improvements placed
on the premises by Licensee to be altered or damaged will
result in no liability or cost to the City for such alteration
or damage, and all costs of repair of the improvements
originally made by the Licensee will be at Licensee's sole cost
and expense. The City shall use its best efforts to not alter
or damage any improvements placed on the licensed premises by
License and shall attempt to minimize damage to the improve-
ments. Should the Licensee fail to initiate repairs or to
maintain its improvements thereon in a neat and orderly
condition and in proper repair, or fail to keep the entire
licensed premises free of litter and debris and maintained in a
neat and orderly condition, the City may provide Licensee with
notice~reof and should Licensee fail to initiate corrections
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within thirty (30) days of such notice, the City may make the
repairs or corrections at the Licensee's sole expense. Further,
if the City provides the Licensee with notice of a deficiency
and the Licensee fails to initiate corrections within thirty
(30) days of such notice, the City may terminate the agreement.
All corrections must be made within a reasonable time.
6. Sub1ect to Easements and Other Riqhts. Permis-
sion for the Licensee to use the licensed premises is subject
to all other easements and rights of record and any and all
other rights asserted to the subject property.
7 . Indemnification. The Licensee for himself,
heirs, personal representatives, successors, and assigns agrees
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that it shall release, defend, indemnify and hold harmless the
City, its officers, agents and employees for any and all
liability, judgments, costs, damages and expenses which may
accrue against, be charged to, or recovered against the City or
the Licensee by any person, guest, invitee or any person or
legal entity whatsoever as a result of the Licensee's use of
said property which shall include, but not be limited to
premises liability, property damage and personal injury.
Notwithstanding, anything contained herein to the contrary,
Licensee shall have no obligation to defend, indemnify and hold
harmless the City as to any liability arising out of or in
connection with damages which are caused solely by torts
committed by City.
8. Access to Licensed Premises. The City shall
have aCCess to the property at all times, and the public shall
--- have the right of ingress and egress through the property. The
Licensee agrees that none of its activities on the licensed
premises will obstruct or otherwise disturb the automobile
traffic "turn around" which currently exists at and near the
entry to the subject property on Canal Street, as shown on
Exhibit "A" hereto, as long as this license is in effect.
9. Non-interference with Utilities and Corps. of
Enqineers. The Licensee shall not utilize the property in such
a manner as to interfere with the maintenance of any public
utilities or maintenance of the right-of-way, or any interest
of the United States Corps of Engineers.
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10. Non-Disturbance. The Licensee shall ensure that
all of the operations which occur on the licensed premises are
conducted in an orderly manner so as not to unreasonably annoy,
disturb or to be offensive to customers, patrons or to resi-
dents or others in the immediate vicinity of such operations.
II. Basic License Fee. The Licensee shall pay to
the City a base license fee of $1200 per year, commencing and
payable on the first day of the month after the execution of
this license agreement and annually on that date hereafter
until the end of the term of the license agreement.
12. Supplemental Licensee Fee. In addition to the
base Licensee fee, in consideration of the rights granted to
Licensee under this Agreement, Licensee shall pay a supplemen-
tal license fee to the City over and above the base license fee
which Shall be in the total sum of $37,092.00, payable as
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follows:
(a) Seven thousand ninety-two dollars ($7,092.00)
upon execution of this Agreement on behalf of
the City; and one thousand dollars ($1,000) per
month for thirty months thereafter commencing
and payable on the first day of the month after
the date of execution of this License Agreement.
(b) The supplemental license fee shall be placed
into a separate, interest-bearing escrow
account. The supplemental license fees may only
be used by the City for the purpose of con-
structing a "river walk" on a portion of the
subject property. Should the river walk not be
constructed within ten (10) years from the date
of this Agreement, all supplemental license fees
together with the interest accrued thereon,
shall be refunded to Licensee. Failure to build
the river walk at the end 0 f the ten (10) year
period shall not constitute a default under this
Agreement.
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13. Failure to Make Payment. In the event Licensee
fails to pay the base license fees or supplemental license fees
as required under the provisions of the License Agreement
within thirty (30) days after the payments are due, interest at
the rate of one and one-half percent ( 1 1/2%) per month shall
accrue against the delinquent payments until the same are paid.
(Implementation of this provision shall not preclude the City
from terminating this License Agreement for default in the
non-payment of license fees or charges, or from enforcing any
other provisions contained herein).
14. Insurance. Licensee, and its tenant, shall
purchase and maintain insurance providing liability coverage on
the licensed premises on an occurrence basis during the term of
this agreement as outlined below:
___ (a) Comprehensive General Liability or Commercial
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General Liability Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
General Liability Policy or Commercial General Liability Police
filed by the Insurance Services Office, and must includ~:
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1. Minimum Limits of total coverage shall be
[$1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with
any excess coverage (and the carrier) to be accept-
able to the City.
2. Premises and/or Operations.
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3. Products and/or Completed Operations.
Licensee shall maintain in force until at least three
(3) years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
4. Broad Form Property . Damage including
Completed Operations.
5. Broad Form Contractual Coverage applicable
to this specific agreement, including any hold
harmless and/or indemnification agreement.
6. Dock Liability.
(b) Additional Insured. The City is to be
specifically included as an additional insured
--- (including products).
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(c) Notice of Cancellation and/or
Restriction. The policy must be endorsed to provide
the City with thirty (30) days' written notice of
cancellation and/or restriction.
15. Work Pursuant to Codes. All work on the
licensed premises shall be done according to City specifica-
tions, pursuant to City ordinances, and shall meet applicable
codes.
16. Cancellation by City: The occurrence of
any of the following shall cause this Agreement to be automati-
cally terminated:
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(a) Institution of proceedings in voluntary bank-
ruptcy by the Licensee.
(b) Institution of proceedings in involuntary
bankruptcy against the Licensee if such proceedings lead to
adjudication of bankruptcy and the Licensee fails within ninety
(90) days to have such adjudication reversed.
(c) Notwithstanding, the provision in paragraph 12,
the City shall have the right, after fourteen (14) calendar
days written notice sent by registered or certified mail to the
Licensee specifying the amount of payment(s) in default, to .
terminate this Agreement whenever the non-payment of any sum or
sums due hereunder continues for a period of ten (10) calendar
days after the due date for such payments; provided, however,
that such termination shall not be effective if Licensee makes
the re~red payment(s) during the fourteen (14 ) calendar day
period following receipt of the written notice.
17. Default. Except where set forth specifically
herein, upon thirty (30) days notice of any default of the
terms and conditions of this Agreement, the defaulting party
shall cure such default. In the absence of such cure, in
addition to any other legally available remedy, the non-
defaulting party may terminate this Agreement. The City shall
give notice to the Licensee and endeavor to give notice to its
tenant of any default so that either the Licensee or its tenant
may cure the default. The City's failure to give such notice
to Licensee's tenant will not serve to waive any failure of the
Licensee to cure the default.
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18. Personal Property. Upon expiration, cancella-
tion or termination of this Agreement, the Licensee shall
remove all personal property and restore the premises to a neat
and clean condition.
19. Title to Improvements. Title to all permanent
improvements made and constructed on the licensed premises
during the term of the License Agreement shall remain and shall
be the property of the City; however, the City reserves the
right to have Licensee remove any and all permanent improve-
ments upon the expiration, cancellation or termination of this
license, with no cost to the City.
20. Compliance with Laws. The Licensee shall comply
with all applicable requirements of Federal and State laws and
the City's Code of Ordinances, as may be amended from time to
time. __
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21. Modifications in Writing. No modification to
the License Agreement shall be effective, unless in writing and
signed by both of the parties hereto.
22. Taxes. The licensed premises being publicly
dedicated to the City is not subject to taxes. The City shall
not be responsible for any ad valorem taxes assessments,
special assessments or liens imposed upon the property and
improvements located thereon during the term of this License,
if any are applicable. The Licensee shall pay any taxes,
special assessments, or liens, including taxes for personal
property improvements owned by the Licensee, should any be
imposed.
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23. AssiqnmEmt. The Licensee may .not sub-license any
portion of the property to any person or corporation or other
entity without the prior written approval of the City, and any.
such sub-license or other arrangement shall be in writing and
expressly be subject to all the terms and conditions of this
License Agreement and shall conform to all applicable laws,
ordinances, and regulations. Notwi thstandi'ng the foregoing,
Licensee may sub-license or otherwise permit the use of the
subject property pursuant to the terms of this Agreement by any
tenant of Licensee's abutting real property. The Licensee
shall not assign any of its rights or obligations under this
License Agreement without the prior written consent of the
City, except that Licensee may assign its rights under this
License Agreement to any subsequent owner of Licensee's real
, property-abutting the subject property, without the consent of
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the City.
24. Entire Aqreement. This Agreement constitutes
the entire Agreement between the parties with respect to the
subject matter_ hereof and supersedes all prior, verbal or
written Agreements between the parties with respect thereto.
25. No Waiver. That no assent, expres'S or implied,
by the either party to any breach of this Agreement shall be
deemed to be a waiver of any succeeding breach of the same or
other covenants.
26. Jurisdiction. Any disputes between the Licensee
and the City shall be governed by the laws of Florida with
venue in Palm Beach County Florida.
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27. No Warranties. The City makes no warranties,
guarantees or assurances regarding the City's rights or
interest in the subject property.
IN WITNESS WHEREOF, the parties hereto have caused
this License Agreement to be executed as of the date first
above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
LICENSEE:
COASTAL PARTNERS LIMITED
PARTNERSHIP, a Delaware
limited partnership
---- By: NEXT DOOR ASSOCIATES
----- LIMITED PARTNERSHIP, a
Delaware limited
partnership
By:
Witness Burton Handelsman,
General Partner
Witness
HIGHBRIDGE ASSOCIATES,
a Connecticut limited
partnership authorized to
transact business in Florida
as HIGHBRIDGE ASSOCIATES
LIMITED PARTNERSHIP
By:
Witness Burton Handelsman,
General Partner
Witness
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of , 1992 by
, as Mayor of the City
of Delray Beach, a municipal corporation organized under the
laws of the State of Florida, on behalf of the corporation who
is personally known to me or who has produced
(type of identification) as
identification and did/did not take an oath.
Official Notarial Seal
Signature of Person Taking
Acknowledgment
-- Name of Acknowledge Typed,
-- Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
th1s day of , 1992, by Burton
Handelsman, as general partner of Next Door Associates Limited
Partnership, a Delaware limited partnership, as general partner
of Coastal Partners Limited Partnership, a Delaware limited
partnership, on behalf of the partnership, who is personally
known to me or who has produced
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(type of identification) as identification and who did/did not
take an oath.
Signature of Person Taking
Official Notarial Seal Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was.acknowledged before me
this day of , 1992, by Burton
Handelsman, as general partner of Highbridge Associates, a
Connecticut limited partnership, authorized to transact busi-
ness i~lorida as Highbridge Associates Limited Partnership,
on behalf of the partnership, who is personally known to me or
who has produced ( type of
identification) as identification and who did/did not take an
oath.
Signature of Person Taking
Official Notarial Seal Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
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MISCELLANEOUS NOTES:
Excerpt from City Commission of September 22, 1992; Item
9. E. /License Agreement - Highbridge Associates and Coastal
Partners Ltd. for the use of a portion of Canal Street to install
a dock and for the purpose of food and beverage service.
Prior to Commission consideration, Ms. Sandra Almy came forward
and addressed the Commission, as follows:
Ms. Almy: "As I was reading the agenda for tonight's meeting, I
came across three different instances of license agreements and
they are all very different. On one of them, I wondered where
the project had come from. On another, I knew what it was coming
from and the other was a result of a proposed change in land use
and zoning. Then I played phone tag, talked with a couple of
people on staff and played phone tag with some others today, and
I finally decided that even after what I did learn when I came
down to the Planning Department, that I still had some questions
that I thought were at least worthy of airing and bringing before
you. I know that it's late, but maybe at some other time you
might want to think about it in terms of a workshop or just
throwing the idea around. But I came up with these questions
about license agreements, and I'm not asking you to answer them
right now:
- Whose decision is it to use a license agreement rather than
a standard route through the Planning Department?
- What criteria are used to make the decision to enter into a
license agreement? Why does one project get it and another
not?
- Why doesn't the proposal go before the P&Z Board?
- Why aren't license agreements noticed to the public? They
can affect those in the surrounding areas and even the
public at large every bit as much as an actual zoning
change.
"As I said before, the license agreements that are on the agenda
tonight are all different in what they are and even in type.
However, what they have in common is that they have the effect
and they all do circumvent the logical, step-by-step process of
planning. They never come before the planning agent for this
City. They preclude public notice and public hearing. I'm just
asking that you rethink the process and the practice of license
agreements. Personally, I'm not sure that it's exactly the best
process for us and would like some attention to it at some point.
Mayor Lynch: That's a good point. Thank you.
, .
.
City Attorney: I can respond quickly to some of those points.
The license agreement is a right to use rather than an interest
in the real property itself, so it gives us some flexibility with
respect to controlling the property and it is easier for us to
remove someone from the property if they have the license
agreement versus a leasehold interest. With respect to why they
are not noticed, the reason other agreements (sales or leases)
are noticed is because that's a requirement of our code. The
Commission could make it mandatory, put a mandatory notice
requirement into the code if you wanted to. With respect to
whether or not they go before the planning process, the projects
themselves very often do go through the planning process, but the
agreements, be it a lease agreement, be it the sale of land, be
ita license agreement, that agreement is between the City
Commission and the other party to the agreement. It is not a
subject of planning per se. Now very often the use of the land
or a rezoning which accompanies an agreement will go through the
planning process, but this is a contractual relationship between
the City, through the City Commission, with a private party.
Ms. Almy: Thank you. Actually. I did understand those things
after I talked with several people on staff today, but I still
think the questions are there and I guess my biggest concern is
that it does not come before the planning agent. It never
receives public notice or public hearing and, for instance, a 150
ft. boat dock right downtown Delray. before it gets to you (the
Commission), somebody else might want to look at that from a
planning standpoint.
Mayor Lynch: I agree with you; in fact, at the last meeting I
said I'd like to see the Planning Board do more, so I'll support
that theory. Okay. let's go on and handle this item.
;1.
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fllv1
SUBJECT: AGENDA ITEM :It 9F - MEETING OF SEPTEMBER 22. 1992
SUBMISSIO~ REOUIREMENTS/WATERFORD S.A.D. REZONING
DATE: September 18, 1992
This item is before you for to consider an appeal of a Planning and
Zoning Board decision with regard to the rezoning application for the
Waterford S.A.D. While the Planning and Zoning Board will not act on
this application until their September 21st meeting, it is
anticipated that the applicant will file an appeal to the Planning
Director's submission requirements for the Waterford S.A.D. rezoning
application.
Attached for backup material for this item is a letter exchange
between the Director and an agent for the Waterford S.A.D.; a letter
which describes items of appeal; and related background material.
Due to the declared urgency to process this application, the item has
been placed on the Commission agenda prior to formal Planning and
Zoning Board action. A verbal report of their decision will be made
at Tuesday evenings meeting.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
(,-",~
~~ KeW~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 22, 1992
Consideration of Submission Requirements for Proposed
Changes to the Waterford S.A.D. Rezoning
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
consideration of an appeal of a Planning and Zoning Board
action.
The action is, essentially, an appeal of the Director's
submission requirements for the Water ford S.A.D. Rezoning
Application. The associated development project is
Builder's Square.
BACKGROUND:
Attached is information from a letter exchange between the
Director and an agent for the Waterford S.A.D. The subject is
that of submission requirements.
Also attached is a staff memo of September 16th which describes
items of appeal which agents will be addressing before the
Planning and Zoning Board on September 21st.
This item has been set for City Commission consideration, in the
event that the agents are not satisfied at the Planning and
zoning Board level.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, September 21st. Due to the declared
urgency to process this application with haste, the item has
been placed on this City Commission agenda. Thus, allowing the
submission package to be made and rezoning processed before the
end of the year.
RECOMMENDED ACTION:
Pending the actual relief request, if indeed such a request
remains necessary.
Attachment:
* P&Z Staff Report & Documentation of September 21, 1992
'.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 21, 1992
AGENDA ITEM: V.D. SUBMISSION REQUIREMENTS FOR THE
WATERFORD SAD MODIFICATION
ITEM BEFORE THB BOARD:
The item before the Board is that of an appeal of the
submission requirements for the Waterford SAD
Modification.
BACKGROUND:
During review of the "substantial deviation" question
associated with contemplated changes to the Water ford DRI,
there was discussion about what would be seen and submitted
when the actual rezoning petition reached the Board. As a
part of the City Commission's consideration of the matter, a
memo addressing submission requirements was prepared (copy
is attached). There was no action (nor discussion) by the
City Commission on the subject. Subsequently, Alan Ciklin,
Project Agent, wrote about the matter (see his letter dated
September 8th). In response, the Director provided a letter
dated September 14th (copy attached).
In the event that Mr. Ciklin desires to appeal any of the
submission requirements as set forth the Director's letter
of September 14th, he may do so at this meeting. If he does
not wish to do so, the subject will not be discussed.
In establishing the submission requirements, the Director is
acting under LDR Section 2.4.3, page 2409. In modifying any
of the Director's decisions, the Board is acting under LDR
Section 2.4.7(E)(1).
RECOMMENDED ACTION:
Consideration of any appeals which may be made.
Report prepared bY:~~~ "()j&'(
Reviewed by DJK on: \~ '
Attachments:
* Kovacs letter of September 14, 1992
* Ciklin letter of September 8, 1992
* City Commission documentation of August 25, 1992
DJK/T:PZBLDR.DOC
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID J. KOVACS, DIRECTOR
PLANNING AND ZONING DEPARTMENT .
FROM: JOHN WALKER, PROJECT COORDINAT~~ ~
DATE: SEPT~MBER 16, 1992
SUBJECT: BUILDER'S SQUARE
Jasmin Allen and I met this morning with Tom McMurrian and his
designer to discuss your letter of September 14, 1992. Mr.
McMurrian and, possibly, Alan Ciklin plan to attend the P&Z
Board meeting of September 21, 1992. At that meeting, they plan
to object to the following requirements from your letter:
* Item 3', regarding inclusion of the owner(s) of Water ford
Village in the application.
* Page 4, paragraph 4, regarding a description of plan for
the office component.
* Page 5, paragraph 2, the section regarding additional SAD
information.
As to the remainder of the letter:
* Traffic issues were not discussed.
* Design integration of the SAD components will be given in
narrative form.
* Individual structures in Waterford Village may not be
shown. Major roadways, water and sewer mains, water
bodies, and drainage lines will be shown.
Mr. McMurrian expressed concern about showing too much detail on
the Conceptual Master Development Plan (CMDP) , since in his
discussions with DCA, he believes DCA wants the CMDP to be a
simple bubble diagram. He believes DCA has "approved" the May
revision of the CMDP and worries that showing additional
information will cause problems with DCA later in the process.
My answer was that the City may request more information than
that asked by DCA, that the approval (and submittal
requirements) of a non-substantial deviation is a local matter,
and that DCA may object to the determination made by the City
concerning substantial deviation now, or at the time of the
final development order.
'.
David J. Kovacs
Builder's Square
Page 2
Mr. McMurrian discussed the possibility of submitting two plans,
a bubble diagram and a conceptual plan showing a greater level
of detail. I told him we would consider that a two page
submittal and would reference both drawings in the SAD ordinance
and the development order. Therefore, such a submittal would
not relieve his concern. I believe Mr. McMurrian will submit
one CMDP with the detail as requested in your letter.
Mr. McMurrian stated that he plans to make a complete submission
next week, including the CMDP, site plan and plat. He asked
whether a boundary plat (without easements) would be sufficient.
I said it would not, and referred him to Steve Taylor for
further clarification. Jasmin Allen stated that once the
submittal was in, she would send a schedule of meetings to Mr.
McMurrian within one week. This schedule will address only
those petitions submitted.
c: Jasmin Allen
Steve Taylor
T: BLDGSQ4. DOC
.
I
C I 'r y C 0 H H 1_5_5 1 0 N DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
:J :V~0G.~
FROM: ID J. KOVACS, DIREe
DEPARTMENT OF PLANNING hllD ZONING
SUBJECT: MEETING OF AUGUST 25, 1992
SUBSTANTIAL DEVIATION - WATERFORD DRI
ACTION REQUESTED OF THE CO!-f_l.U SS ION:
The action requested of the City Corrunlssion is that of
mllklnq a determination as to whether or not proposed
chanqes to the Water!ord DRI constitute a "substantial
deviation".
The item involves a change from "Hotel" use to "Retail" use
~ith a concurrent decrease in "Industrial/Commerce/Office"
use within the Waterford (DELUIT) DRI. It is located south
of the Delray Crossing (Target, Circuit City, et al)
Shopping Complex.
BACKGROUND:
The merits of this item have been sufficiently described to the
,
I Commission through prior documentation. By a 3-2 vote a
determination of "substantial deviation" was previously made;
but, that action was subsequently rescinded. Thus, the question
is again before the Commission. Please refer to the previous
documentation for the project description and other relative
information.
ADDITIONAL INFORHATIOU:
The decision regarding "substantial deviation" affects the
review process, the type and depth of information to be provided
by the applicant, and the basis upon which the final action of
the associated "development order" can be made. If a
determination of "substantial deviation" is made, the type and
depth of information to be provided will result from meetings
among the TCRPC, the City, and the applicant. If such a
determination is not made, the type and depth of information
will be determined through the application of the SAD
modification regulations.
'.
city Commission Documentation
Substantial Deviation - Waterford DRI
Page 2
Since the regulations will be applied by the Director of
Planning and since there has been some conflict between the
applicant and the Director relative to the review process and
nature of submission materials, it is requested that the City
Commission provide guidance on this matter. The following is a
listing of submission requirements:
1- Re: Amendment to the Future Land Use Map: By previous
discussions, it was agreed that such an amendment would not
be required since the deviation which will occur can be
interpreted as an adjustment of existing boundaries
(Commercial and Commerce).
2. Basic Requirements for the Rezoning Petition: The zoning
is SAD and the change must be accommodated through the
formal rezoning process. Salient aspects of this petition
would include:
A. List of property owners within 500' of the perimeter
of the entire SAD which includes that portion which
has been developed as Waterford Apartments. The
peti tioner will also be required to provide mailing
labels.
B. All site data will refer to the entire SAD and site
plan exhibits will include the entire SAD, at least to
the extent of showing existing infrastructure and
structures. The use of all land areas within the
SAD shall be depicted.
C. For that portion of the SAD which is to be actually
changed, the nature and extent of the changes shall be
shown i.e. both existing and proposed site plan
factors shall be shown. This includes changes to
infrastructure, water tracts, boundary conditions
along 1-95, and roadways.
D. Traffic Study prepared to County Traffic Performance
Ordinance standards; and to also include detailed
analysis of Waterford Place/Linton Boulevard
intersection and Linton Boulevard traffic fl ow ; and
detailed analysis of intersection with S.W. 10th
Avenue/Lindell.
3. Additional petition requirements salient to a SAD
modification: Since a SAD is a special zoning designation
which requires a complete site and development plan, it is
appropriate to consider the entirety of the area contained
within the SAD's boundary. Thus, it is appropriate to
identify the use of the balance of the property i.e. the
vacant land between Builder's Square and Waterford
Apartments including, but not limited to:
. type of land use;
. intensity/density of land use;
. traffic characteristics of planned use;
'.
city Commission Documentation
Substantial Deviation - Waterford DRI
Page 3
* character of the planned use e.g. height of structures
(single vs multi-story), parking lot accommodations
(covered, surfaced lots, etc), architectural theme
(relationship to Builders Square and Waterford
Apartment architecture);
* method of buffering or transitioning between different
uses (use areas);
* alternative site pldn scenarios for the retail
component;
* feasibility of planned land use; and if it is not
potentially not feasible, the identification of
alternative land use(s).
4. Additional petition requirements salient to a modification
to a DRI: The SAD development order is tied to the DRI
development order. Thus, it is also appropriate to examine
the underlying relationship of the DR! as it was originally
proposed (approved) and the requested changes. These items
take the form of:
* employment information e.g. comparison of job
generation between approved and proposed development
scenarios;
* interaction/inter-rel~tionship of uses e.g. housing
/employment mix;
* the relationshipl impact of reduced "commerce" land
use potential and Comprehensive Plan policies which
seek to protect and encourage development of commerce
parcels;
* the physical relationship and interaction among
proposed (revised) land uses e.g. buffering, ways for
interaction, ... design integration of the DRI
components;
* identification and examination of alternative methods
for alleviating congestion at the I-95/Linton
Interchange e. g. "fly over" ramping which has- been
suggested by FOOT;
* energy conservation considerations in design (original
DRI item).
ALTERNATIVE COURSES OF ACTION:
1. Make a determination that, pursuant to the Planning and
Zoning Board recommendation, the proposed changes
constitute a substantial deviation from the approved DRI.
2. Make a determination that the proposed changes do not
constitute a substantial deviation from the approved DRI.
NOTE: If this action is taken, further direction should be
provided relative to the type and detail of submission
information which is to be obtained.
LAW o.FleES
BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE Sr O'CONNELL
A P...RTNERSHIP INCLUOING PROF'ESSION...L ...SSOCI...TlONS
.JOSEPM L. ACKER"'AN. .JR. BRI...N B. JOSLYN. P.... PHILLIP O. O'CONNELL. SR. ('907 "9S7)
SRUCE G. ALEX"'NOER. PA. GREGORY S. KINO -
.JER"'LO S. BEER. P..... CHARLES.... LUBITZ. P..... or COUNSEL
WILLIA... R. BOOSE. m. P.A. EOWIN C. LUNSF'ORO .JOHN L. RE"'SEN
.JOHN O. BOYKIN. P.A. RICHARO L. MARTENS. PA. _
PATRICK J. CASEY. PA. LOUIS R. "'cBANE. P.A. NORTHBRIOGE TOWER I . ,g_ FLOOR
ALAN .J. CIKLIN. P.... CLAUOIA .... McKENNA
",'CHAEL w. CONNORS MORRIS G. (SKIP) ...,LLER 51S NORTH F'LAGLER ORIVE
ROBERT L. CRANE. P..... BRIAN M. O'CONNELL. P"'. WEST PALM BEACH. F'LORIDA 33~OI
LEE B. GOROON PMIL O. O'CONNELL, JR.. P.A. TELEPMONE (407) 832- 5900
...,KEL D. GREENE J. KORY PARKMURST TELECOPIER (407) 633-4209
LYNOA..J. MARRIS. P."'. JOM:.! R. YOUNG. P..... _
OEBRA A. ..JENKS LONNIE B. ZANGRILLO ...AILING "'OORESS
P.O. ORAWER 024628
WEST P"'LM BEACH. "L 33~02-"U'28
September 8, 1992 ~
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VIAFAX 243-3774 'Overniqht Mail r:_ 9 !~12 ":';;<11
. F' y'"
Mr. David J. Kovacs ~ Dl.recto: ,,-, ';~,'il'i\...:, ? 7:-." "
Department of Plannl.ng & Zonl.ng . . -. '-'..i..' : iG .
city of Delray Beach
100 N.W. 1st Avenue I
Delray Beach, Florida 33444
Re: WaterfordjSAD Modification and Site ~lan Approval
Dear David:
Now that the city commission has determined that the change submitted
to the Water ford DRI is not a substantial deviation, we would like
to move along without undue delay to the SAD modification and site
plan approval process.
In that regard I have reviewed the issues as set forth in your City
commission Documentation Memo regarding the August 25, 1992 meeting,
and offer the following comments.
You should keep in mind that Ordinance 68-89 (a modification to the
Water ford D.O.), adopted by the City Commission, in Section I,
indicated that the development of the Waterford property was to be
in accordance with the approved Conceptual Master Development Plan
(C.M.D.P.), and that subsequent specific site plans would be approved
by the City, consistent with the Conceptual Master Development Plan.
In other words, the Conceptual Master Development Plan was approved,
and as each section of Waterford was to be developed, individual
site plans would be reviewed and approved.
In referring to your memo, we agree with your stated requirements in
Paragraph 2.A. In Paragraphs 2.B and 2.C, we agree with your
requirements, subject to what was previously stated in Ordinance 68-
89. That is, the C.M.D.P. will be amended to show all the changes
required by the addition of Builders Square, and the Builders Square
, .
Mr. David J. Kovacs, Director
September 8, 1992
Page 2
site plan will reflect site specific data, as required by the Zoning
Code relating to site plans. Regarding the requirements set forth
in 2.0, as you know we have submitted a traffic study prepared to
the Traffic Performance Standards. It has been reviewed by the City's
traffic engineer, and comments have been received and changes have
been made. The initial review was in December of 1991. In addition,
the traffic study has been reviewed by the County Traffic Engineering
Department. We do agree with your requirements to include an update
of the analysis of Waterford Place/Linton Boulevard intersection and
the Linton Boulevard traffic flow, previously submitted, as well as
a detailed analysis of the intersection of S. W. 10th Avenue and
Lindell.
Regarding the comments set forth in Paragraph 3, we agree that it is
appropriate to show all the types of land uses, intensities, and
densities which will result from the proposed change. The traffic
characteristics of the plan are detailed in the traffic study. So that
there is no confusion, and to reiterate, a site plan will be
submitted in detail for the Builders Square site; however, the
existing conceptual plan as approved by Ordinance 68-89, will be
modified to reflect the SAD changes. site specific plans will not be
developed for the balance of the SAD until the developer elects to
move ahead with those particular areas. The only remaining area
will be the office component of the SAD. The specifics set forth on
Page 3, such as character of the planned use, buffering or transitioning
between different uses, and alternate site plan scenarios will be
submitted when the various components of the SAD are to be developed.
I should add, however, that the "'site plan scenarios'" for the
Builders Square site are limited by the site's access, its relationship
to major thoroughfares, and the balance of the project, as well as
the requirements of the user. Your comment about justifying the
"'feasibility of planned land use'" is a requirement that I have never
heard of before. Please provide the specifics of this "'requirement..
Regarding your comments in Paragraph 4; based on the fact that the
request has now been determined not to be a substantial deviation,
only local requirements come into play. The requirements you set
forth in Paragraph 4 may have been appropriate if it was determined
to be a substantial deviation; however, that was not the case.
Chapter 380, in a non-substantial deviation situation, does not
require the information you mentioned.
I would appreciate your reviewing these filing requirements in light
of my comments included herein, and responding to me as soon as
possible. It has been almost a year since our Concept Plan Review
was first conducted, and we received staff's review of the SAD and
site plan applications in December of 1991. Now that the substantial
deviation issue is over, I am hopeful that we can count on your
, .
.
I
.
Mr. David J. Kovacs, Director
September 8, 1992
Page J
cooperation to move the SAD modification and site plan approval
through the process, without unnecessary delay. This project has
undergone considerable review for almost one year, at considerable
expense. In the event we cannot agree on the filing requirements, I
would then suggest that a meeting be held with appropriate City
officials to discuss the matter.
,
AJC/ag
03156
ccs via Fax:
David Harden, City Manager
Tom McMurrian, Ocean Properties
Joe Pollock, Kimley Horn & Associates, Inc.
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[~V~ fQJ~ fjj~~~~~ ~~~~~
100 ~ ','1 1,( AVENUE . DELRAY BEACH. FLORIDA 33444 . 4Q7!243.7CC:
September 14, 1992
Alan J. Ciklin *** VIA FAX ***
Boose, Casey, Ciklin, et al
Northbridge Tower 1 - 19th Floor
515 N. Flagler Drive
West Palm Beach, FL 33401
RE: BUILDER'S SQUARE (WATERFORD DRI)
APPLICATION FOR REZONING (SAD AMENDMENT)
Dear Alan:
Based on the City Commission determination that proposed changes
to the Waterford Place DRI do not constitute a substantial
deviation, we will process the proposed changes pursuant to local
procedures for an amendment to the Special Activities District
(SAD) zoning. Aspects of the application have been discussed in
previous correspondence (letters of December 19, 1991, January 10,
1992, and January 27, 1992). At this time, the application is
insufficient to proceed with processing. This letter reviews the
previous correspondence with our opinion of the status of items
requested, and addresses additional items needed to complete the
application submittal.
APPLICATION
In our letter of December 19, 1991, a number of deficiencies were
noted. They are listed below with comments as to their current
status.
1. For the purpose of providing public notice, the required 500'
radius shall be taken from the boundaries of the entire
Water ford Place (Delint) DRI rather than the subject site as
submitted.
This item has been satisfactorily completed; property
owner lists and mailing labels have been submitted.
Please note that if your revised submittal is not
received by November 1, 1992, a new list of property
owners and mailing labels must be submitted since the
tax roles will have been updated.
2. Provide the justification for the requested change in zoning
(SAD amendment) as required by LOR Section 2.4.5 (0).
THE EFFORT ALWAYS MATTERS
, .
.
Alan J. Ciklin
Builders Square (Waterford DR!) Application for Rezoning
(SAD) Amendment
Page 2
This i tern has not been sufficiently addressed. In the
enclosed LDR Section, there are three valid reasons
stated for approving a change in zoning. Please state
specifically how your request fits within one, or more,
of these reasons.
3. The "owner's affidavit and authorization", page 8, item 3,
should be revised to state that the applicant desires a
change in zoning to allow the amendment of an approved SAD to
add "general retail use". The "owner's affidavit and
authorization" must be notarized.
These particular items are complete. However, the
"owner's affidavit and authorization" submitted on
December 30, 1991 has other deficiencies:
specifically, that document did not include the area
which is platted as Waterford Village. Since the SAD
encompasses the entire area of the 87 acre DRI, all
property owners in the DRI must join in the affidavit
and must document a representative to act on their
behalf.
4. Submit a copy of the recorded deed for the site under review.
The deed submitted appears to describe Parcel 1, Linton
Center (Circuit City).
A replacement deed was included in your submittal of
December 30, 1991. There appears to be some
discrepancy in that submittal. We are aware that
Waterford Village has been sold to another entity, but
the deed received includes the entire 87 acres. Please
submit the latest recorded deeds for all property within
the area of the DRI. ,
, I
I
5. The legal description in the Title Certification does not
appear to coincide with the legal description included in the
Application for Site Plan Approval. Please clarify this
apparent discrepancy.
This specific i tern has been addressed. However, we do
require a Title Certification certifying the current fee
simple owner(s) of the entire 87 acre DRI.
6. Provide documentation that Mark Walsh is authorized to act on
behalf of Delint, Inc.
This item has been satisfactorily completed.
.
.
Alan J. Ciklin
Builders Square (Waterford DRI) Application for Rezoning
(SAD) Amendment
Page 3
7. The traffic study is- insufficient. . .
A number of revisions to the traffic study have been
received. The latest version, dated Revised March,
1992, describes a project encompassing the addition to
the Waterford Place DRI of a 107,400 S.F. Builders
Square and a corresponding reduction in the office
component to 352,281 S.F. and the elimination of the
250 room hotel.
The general conclusions of this study are that the
proposed uses will reduce the net traffic impacts on all
links when compared to the approved DRI traffic
analysis. For the SAD amendment review process this
traffic study needs to includ~ traffic to be generated
by the entire SAD project and to be supplemented by the
following additional traffic information: a detailed
(revised) analysis of Waterford Place/Linton Blvd.
intersection; east/west Linton Blvd. traffic flow; and a
detailed analysis of the S. W. 10th Ave./Lindell Blvd.
intersection. The revised traffic study must be
prepared to County Traffic Impact Analysis standards
using current traffic levels of all examined roads.
Since a concept plan is part of the SAD amendment, the
traffic study should address truck movements for
loading and delivery throughout the project.
Our letter of January 27, 1992 was a follow up to your submittal
of December 30, 1992. A few outstanding technical deficiencies
remain. These deficiencies are addressed in items 3,4 and 5 of
the above discussion.
Finally, an additional amount of $600.00 is needed to complete the
site plan processing fee. Your previous payments (DRI, Rezone,
Site Plan) were correct; however, there is a fee of $100/ac for
each acre over five associated with site plan review.
CONCEPTUAL MASTER DEVELOPMENT PLAN (CMDP)
We have a Conceptual Master Development Plan (latest update
December 6, 1991) which was received December 30, 1991. That
plan does not coincide with exhibits shown during our
discussions relative to the DRI process. Please revise the plan
to reflect your current proposal.
All site data must refer to the entire SAD. Note that some of the
data on the December 30, 1992 submittal were not accurate (e.g.
parking provided): we recommend a table detailing uses, use areas,
parking required, and parking provided with current site plans'.
Plan exhibits must must include the entire 87 acre site, at least
to the extent of showing existing infrastructure and structures.
The use of all land areas within the SAD must be depicted.
"..
"
Alan J. Ciklin
Builders Square (Waterford DR!) Application for Rezoning
(SAD) Amendment
Page 4
The physical relationship and interaction among proposed (revised)
land uses needs to be shown. These include buffering concepts,
methods of interaction between uses, and design integration of the
SAD components.
For that portion of the SAD which is to be actually changed, the
nature and extent of the changes need to be shown, 1. e. both the
existing and proposed site plan conditions. This includes
changes to infrastructure, water tracts, boundary conditions
along 1-95, and roadways.
In order to fully assess the impact of the proposed development,
the conceptual Development Master Plan needs to show off-site
improvements adjacent to the property line (between 1-95 and
S.W. 10th Ave.). These include roadways, parking lots and water
bodies, but need only extend off-site to the building line of
adjacent properties. Please include this information in your
revision. .
Since SAD is a special zoning designation which requires a
complete site and development plan, it is appropriate to consider
the entirety of the area contained within the SAD's boundary.
Thus, it is appropriate to identify the use of the balance of the
property, i.e. the vacant land between Builder's Square 3nd
Water ford village. Therefore, we request that you provide the
following information for that area.
- The type of land use proposed.
- The intensity and/or density of proposed land uses.
- A narrative description of the character of the planned uses,
e.g. height of structures (single vs. multi-story) , parking
accommodations (covered, surface lots, etc. ) , architectural
theme (relationship to Builder's Square and Waterford Village
archi tecture) .
- The method of buffering or transitioning between different
uses and use areas (landscape strips, water bodies, etc.).
- A narrative description of the feasibility of proposed land
uses. If these uses are potentially infeasible, the
narrative should identify alternative land use(s).
SITE PLAN
In our letter of January 10, 1992 to Greg Kino (copy attached), we
transmitted initial City staff comments concerning your
preliminary site plan. Since that time, revisions have been made
according to representations made during our DRI discussions.
Please submit a revised site plan to accurately reflect your
current proposal and, to the extent they remain applicable, to
address the City staff comments.
"
.
. Alan J. Ciklin
Builders Square (Waterford DRI) Application for Rezoning
(SAD) Amendment
Page 5
You may proceed, through the initial Planning and Zoning Board
review, with only a sketch plan for the Builder's Square site.
This will allow you to provide alternative site development
scenarios. I note in your letter of September 8th, certain
statements about limitations of site plan scenarios for Builder's
Square. In the absence. of any scenarios, I suggest that your
submission specifically identify the limitations which exist.
ADDITIONAL SAD INFORMATION
The SAD development order is tied to the DRI development order.
Thus, it is appropriate to examine the relationship of the DRI as
it was originally proposed (approved) and the requested changes.
These items take the form of:
- Employment information, e.g. comparison of job generation
between approved and proposed development scenarios.
- Interaction/interrelationship of uses, e.g. housing/
employment mix.
- The relationship/impact of reduced "commerce" land use
potential and Comprehensive Plan policies which seek to
protect and encourage development of commerce parcels.
- Energy conservation considerations (original DRI item).
In your letter of September 8th, you questioned the
appropriateness of these items given the finding that the proposed
changes do not constitute a substantial deviation. While you may
opt not to provide such information, the Jtems remain pertinent to
the land use action. In the absence of any such submittal
information, our staff will provide comment and analysis of these
items.
SUMMARY
Your application is insufficient for further processing. The
above information is needed, with the possible exception of the
site plan and additional SAD information (described above), prior
to setting a hearing date. You may choose to proceed with a
concept plan only, an alternative process allowed in LOR Section
4.4.25(C)(2), or you may accelerate the procedure by processing a
site plan concurrently with the concept plan. Should you have any
questions, please work with John Walker at (407) 243-7040.
In response to your letter of September 8th and the need to move
along without unnecessary delay, I have placed the subject of
"Waterford DRI Submission Requirements" on the Planning and
Zoning Board agenda of September 21st. You may use that
opportunity to address any submittal requirements, as contained
in this letter, which you may wish to have waived. The Board is
"
.
. .
.
Alan J. Ciklin
Builders Square (Waterford DRI) Application for Rezoning
(SAD) Amendment
Page 6
the appropriate body for such relief (reference LOR Section
2.4.7(c)). Also, you may wish to take that opportunity to address
your manner of approach with the Board. If you do not need, or
desire, to partake of this opportunity, the item will not be
discussed. If you wish to get together later this week to discuss
the submission requirements please make arrangement through John
Walker.
Sincerely,
c~~c~~
Director of Planning and Zoning
c:
David Harden, City Manager
Tom McMurrian, Ocean Properties
John Walker, City Project Coordinator
Jasmin Allen, Planner I
Helen Coopersmith, PROD
Project Files
Enclosures:
* LOR Section 2.4.5(D} (Basis for Rezonings)
* letter of December 19, 1992
* letter of January 10, 1992
* letter of January 27, 1992
T:BLDGSQ3.DOC
, .
.
~
PLANNING AND ZONING BOARD MEMORANDUM
TO: MAYOR AND CITY COMMISSION MEMBERS
a~J !hUU"<---
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: SEPTEMBER 22, 1992
SUBJECT: PLANNING AND ZONING BOARD ACTIONS ON ITEMS BEFORE THE
CITY COMMISSION ON THIS EVENING'S AGENDA
At last night's Planning and Zoning Board meeting consideration
was given to several items which are before the Board this
evening. These items and the Board's action is as follows:
C0mmission Agenda Items, Group 8, Consent Agenda
J. Re: Opposition to Amendment to Broward County Trafficways
Plan and Request to Palm Beach County BOCC re University
Parkway
* Per staff recommendation, 7-0 vote.
Commission Agenda Items, Group 9, Regular Agenda
F. Submission Requirements re Waterford SAD
* Agreement was reached. There will be no further
appeal. THIS ITEM SHOULD BE DELETED FROM THE AGENDA.
Commission Agenda Items, Group 12, First Readings of Ordinances:
Ordinance 47-92: Changes to SAD District Regulations and
accommodation of a new expiration date for Marina Cay (8/95).
* Recommendation of Approval on a 4-3 vote
(Currie, Beer, Kiselewski dissenting)
,'.
"
-. . . .
To: Mayor and City Commission Members
Re: Planning and Zoning Board Actions on Items
Before the City Commission on this Evening's Agenda
September 22, 1992
Page 2
Ordinances 49-92 & 50-92: FLUM Amendment and Rezoning on a
portion of public land (Veterans Park parking lot) to
accommodate an outside deck at Atlantic Plaza.
* Recommendation of DENIAL on a 5-2 vote (FeIner and
Currie dissenting)
Ordinance 46-92: Rezoning f rom PC to CG, Linton International
Plaza
* Recommended APPROVAL on a 6-1 vote, (Kellerman
dissenting)
Ordinance 45-92: Rezoning from RM to R-!-AA, Ocean Cay Plat
* Recommended APPROVAL on a 7-0 vote.
Ordinance 48-92: Text (LOR) Amendment re POC Supplemental
District Regulations
* Recommended APPROVAL on a 7-0 vote.
DJK/cm
c:
City Manager
City Clerk
DJK/T:CCINFORM.DOC
'I'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~ JI - MEETING OF SEPTEMBER 22. 1992
AGREEMENT WITH PALM BEACH COUNTY/BEACH RENOURISHMENT
DATE: September 18, 1992
This item is before you to approve an interlocal agreement with Palm
Beach County which provides the mechanism for the contribution of
funds appropriated by the County for Fiscal Year 1992/93 to the shore
protection (beach renourishment) project proposed by the City.
In 1973, the City entered into an agreement with Palm Beach County
with regard to providing funding for City beach renourishment
projects. That agreement expires on September 30, 1992. A new
agreement has been drafted which will cover the current Beach
Nourishment project through its completion. The term of the
agreement is from October 1, 1992 to September 30, 1993.
Under the provisions of this agreement the County will be the local
sponsor of the project and will reimburse the City the local share of
the project cost, not to exceed $839,400. The City is required to
maintain existing parking open to all members of the public; to
maintain the project area solely for public recreational purposes; to
coordinate with the County prior to contracting work to consultants;
and to continue to enforce our Coastal Protection Ordinance.
Recommend approval of an interlocal agreement with Palm Beach County
which provides the mechanism for the contribution of funds
appropriated by the County for Fiscal Year 1992/93 to the shore
protection (beach renourishment) project proposed by the City.
~5-o
. wi ~ cf /llf.v.
.
"
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
U'-'~
THRU: KOVACS, D TOR OF PLANNING AND ZONING
FROM: JOHN WALKER, PROJECT COORDINATO~ tt/~
SUBJECT: MEETING OF SEPTEMBER 22, 1992 ,
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY -
BEACH NOURISHMENT PROJECT FUNDING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval .
of an interlocal agreement with Palm Beach County to
provide the local share of funding for the Beach
Nourishment Project.
BACKGROUND:
In 1973, the City entered into an agreement with Palm Beach
County whereby the City designs, constructs and maintains the
Delray Beach Shore Protection (Beach Nourishment) Project. The
County, for its part, funds the local share (non-federal and
non-state) of the project cost. That agreement was extended
with some modifications in 1977 and 1983. The current version
of the agreement expires September 30, 1992.
A new agreement has been drafted by the County which defines the
respective roles of the City and County. This agreement will be
effective until September 30, 1993. Under the terms of this
agreement:
* The County will be the local sponsor of the Project.
* The County will reimburse to the City the local share of
the cost of the beach nourishment project, not to exceed
$839,400.00. Based on the awarded construction contract,
this amount is sufficient.
* The City will maintain existing parking open to all members
of the public on an equal basis.
* The City will maintain the project area solely for public
recreational purposes.
'.
City Commission Documentation
Interlocal Agreement with Palm Beach County - Beach Nourishment
Project Funding
Page 2
* The City will coordinate with the County prior to
contracting work to consultants and, where cost savings can
occur, allow the County staff to perform those tasks.
* The City will continue to enforce its Coastal Protection
Ordinance.
Overall, the changes to this agreement recognize the expertise
in the County's Department of Environmental Resources Management,
which was formed after the last agreement was executed.
Therefore, the County now has the ability to take a greater role
in the Project. The agreement formalizes the cooperative nature
of our respective roles.
This agreement will cover the current Beach Nourishment Project
through its completion. To address the future needs of shore
protection, City and County staffs have agreed to negotiate a
long term agreement prior to September 30, 1993. The long term
agreement will define our respective roles over the life of the
Project (approximately 35 years) and will establish the County's
intent to continue to fund the local share of Project costs for
the life of the Project.
RECOMMENDED ACTION:
By motion, approve the interlocal agreement with Palm Beach
County to provide the local share of funding for the Beach
Nourishment Project and authorize the Mayor to execute the
agreement on behalf of the City.
Attachment:
* Interlocal Agreement
T: PBAGREE2 . DOC
-
., , .
'"
INTERGOVERNMENTAL AGREEMENT
BETWEEN
PALM BEACH COUNTY
i AND
~HE CITY OF DELRAY BEACH
i
: THIS AGREEMENT, which is made and entered into on the
day of , 1992, by and between PALM
BEACH COUNTY, a political subdivision of the state of Florida (the --
; "COUNTY"), and the CITY OF DELRAY BEACH, a municipal corporation in
'j
'1 the state of Florida (the "CITY").
H1.:Itl~!!!!~:IH :
WHEREAS, pursuant to Chapter 125.01, Florida statutes,
,J
the Board of County comnissioners is eI:'lpowered to establish and
administer programs of beach erosion control and to enter into
, agreements with other governcental agencies within or outside the
boundaries of the COUNTY for joint performance, or performance of
one unit on behalf of the other, of any of either governmental
..
entity's authorized functions: and
.'~ .f, WHEREAS, pursuant to Chapter 166, Florida statutes, the
"
~, CITY is empowered to exercise any governr.1ental, corporate, and
~
proprietary power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the CITY is planning to construct a shore
protection project along its public beach area which includes all
" lands seaward of the established erosion control line: and
WHEREAS, the COUlITY and CITY have mutually agreed to
. :j
.. cooperate in the construction of the proposed project: and
"J
WHEREAS, Palm Beach County has been and will continue to
be identified as the federally authorized local sponsor for the
project; and
WHEREAS, the COUNTY will be taking a greater role in the
planning, design monitoring and construction phases of this
'i
~. . project; and
'. for I
WHEREAS, an existing intergovernmental agreement
I
providing beach erosion control project funds to the CITY will \
expire on september 30, 1992; and
I
. I
..
.
WHEREAS, the COUlITY has $839,400 remaining in the 1992
I Fiscal Year budget for the Delray Beach Shore Protection Project
I
and this funding is recommended in the proposed 1993 Fiscal Year
budget; and
'1
l the CITY is requesting finaneial participation
WHEREAS,
~
by the COUNTY in cost sharing the Delray Beach Shore Protection
.' .
Project; and
---
WHEREAS, the project has received conceptual approval by
,
i the Palm Beach countywide Beaches and Shores Council; and
WHEREAS, the COUNTY' and CITY' find and declare that
execution of this Agreement is in the best interests of the health,
:i its citizens.
j safety and welfare of
NOW, THEREFORE, in consideration of mutual covenants,
'.
" promises and representations herein, the parties hereto agree as
i
follows:
1. Purpose of Agreement. The purpose of this Agreement
~
is to provide a mechanisI:1 for the contribution of funds
.1 ~..., appropriated by the COUNTY for the 1992/1993 Fiscal Year to the
i' ~}
- (..... shore protection project proposed by the CITY for its public beach
'.!" t
,
area and to set forth the teres, conditions and obligations of each
of the respective parties hereto.
:
2. The Pro;ect. The project to be undertaken by the
CITY shall be the nourishment of approximately 2.65 miles of
. . ,. ~
-'.i shoreline in the CITY loeated generally between Florida Department
, "~
of Natural Resources' survey range monuments R-175 and R-189. The ..'
j project area is identified on the location map attached as Exhibit
I
A-I and more fully described in Exhibit A-2, both of which are
incorporated herein by reference. Approximately 1,021,000 cubic
yards of beach quality sand will be plaeed on the beach to repair
the berm design and to provide approximately 9 years of advance
nourishment. Pre- and post-construction monitoring will be
--
performed as identified in the Florida Department of Natural
Resources' contract C-7115 dated June 18, 1991 attached hereto and
incorporated herein as Exhibit B.
,
"
" 3. The Term. The term of this contract shall be from
October 1, 1992 to september 30, 1993.
4. Obliqations of the CITY.
a. The CITY shall undertake and complete the
project as identified herein, in accordance with the provisions of
this Agreement.
b. The CITY will request the COUNTY to continue to --
, be the local sponsor for the project, agree to the COUNTY being so
j named in the Local Cooperative Agreement ( LCA) as prepared by the
Department of the Army, and to comply with all the provisions of
the LCA.
,-
c. The CITY shall coordinate with the COUNTY and
jointly establish the timing of construction in an effort to
..
1
I minimize mObilization/demobilization costs in the event that
I
I
another similar project is anticipated during that same time frame.
, Such coordination may include referenees to multiple projects in
'"
:- ,
.-
bid documents or even joint bid documents, if savings can be
. ..;.~ expected.
. i ~t
, ~, .. d. The CITY, upon reasonable request by COUNTY,
.
"
shall make available to representatives of the COUNTY all of its
records in connection with the project and/or construction
I contract, in order to allow the COUNTY to verify the expenses and
costs attributable to the project. Submittal and verification of
'-', the above-referenced records shall be a condition precedent for the
.-.
"I
l payment of any monies by the COUflTY due hereunder.
. I
.) e. The CITY shall notify the COUNTY of all grants
: or funds applied for and/or received within 15 days of application
" or receipt and provide copies of agreements for same.
i
f. The CITY shall be responsible, at all times,
for all local share (non-Federal and non-state) expenses over the
'. I
not-to-exceed amount budgeted in the COUNTY's 1993 Fiscal Year i
..:/.:
/.....<. budget. In the event reir.-.burse!:lent to the CITY from any source !
al
(state, federal, private or other) requires or would require I
I
. , in the COUNTY I
: local share which is less than the amount budgeted
1993 Fiscal Year budget, then such funds shall vest and remain with,
I
I the COUNTY. I
.
.
g. The CITY shall, within sixty (60) days from
completion of the project, give the COUNTY an auditable list of
i
project costs and expenses paid and/or incurred by the CITY.
h. The CITY will provide, at its own expense, all
! necessary lands, easements and rights of way.
-i
i. 'The CITY shall maintain continued public
, , ownership of the publicly owned shores and their administration for
---
public use during the economic life of the project, and in addition
j
.; thereto, place all lands which shall be subjected to the direct
,
benefit of this agreement and legally described herein in public
.. ownership.
I
'J j. The CITY shall that the project
' , ensure area
will be used solely for public recreational purposes and attendant
facilities and services.
k. The CITY shall maintain all vehicle parking
.- spaces in the vicinity of the beaeh projeet that are under CITY's
- ll>
control which existed on the date of that Supplemental
Intergovernmental Agreecent, dated Hovember 8, 1983, open to all
'-:.' ""-:.,
. ' -I', members of the public on an equal basis or on equal terms.
"
)
l. The CITY agrees that paragraphs "i", "j" and
i "k" above shall be binding upon the CITY, and upon the CITY's
successors and assigns, for ten (10) fiscal years beyond the fiscal
year in which Palm Beaeh County provides the funding to the CITY as
.'
. '.l provided for in this Intergovernmental all
Agreement so that
residents of Palm Beach County, and all persons visiting the COUNTY
".I may enjoy the benefits of the subjeet beach restoration and erosion
j
control project. Failure to do so shall result in a loss of any
and all funding for future shore protection projeets and shall
i require the immediate return to the COUNTY of all funding provided
by the COUNTY for the projeet.
'.' m. The CITY sha 11 notify designated I
!
representatives of the COU~TY of the pre-construction conference i
and permit them to be present at any time during the construction:
of the project. I
I
\
.
'.
.'
n. The CITY shall keep the COUNTY fully advised of
the status of the progress of the project and notify the COUNTV's
i representative of project completion, such notice to be confirmed
,
; in writing.
, o. The CITV shall provide the COUNTY with two (2)
eopies of final construction plans and specifications, a general
program outlining the order, rate of prosecution and method -
i (contract or in-house labor) of accomplishing the major items of
j
1 work and setting forth the estimated cost thereof.
p. The CITY shall assume full liability and
-
responsibility for obtaining all necessary approvals, permits, and
authority, and for compliance with all legal requirements as may be
applicable.
, q. The CITY shall secure competitive bids, by
advertising, for all work to be performed by eontract or with the
approval of the contracting officer, perform the construction work
.. .
with its own forces. The CITY recognizes that the COUNTY has
,;. ,..; certain expertise in environmental and coastal matters that could
.: i /
. . ' be utilized on this Project at substantial savings over consultant
.
t
fees. If savings can be realized by having COUNTY staff perform
'" such activities, the CITY will come to an agreement with the COUNTY
as to the services and co~pensation therefore prior to authorizing
,
such additional consulting services.
r. The CITY shall sub~it to the COUNTY a detailed
.'J estimate of cost, a tabulation of all bids received, and furnish a
.1 copy of the contract to the lowest qualified bidder as well as any
amendments or modifications thereof.
; s. The CITY shall perforn adequate and continuous
,
engineering and environ~ental inspections and monthly progress
reports will be submitted to the COUNTV showing the work done
. .'
throughout the construction of the project.
.'.' .
, .
" t. The CITY shall provide the COUNTY with one (1) i
copy of all studies and reports as may be required wi thin any,
permit or funding agree~ent by the state or Federal government for \
up to three years following completion of the project. :
\
,. "'Il
'.
.
u. The CITY shall furnish the COUNTY with one set
of record plans showing the project as construeted.
v. The CITY shall fully administer and enforce its
j Coastal Protection Ordinance. The CITY expressly covenants and
,
... agrees that its failure to fully administer and enforce the same
;
, shall constitute grounds for the immediate return to the COUNTY of
.' . : .'
.. all funding provided by the COUNTY pursuant to this Agreement.
, --
,
, 5. Obliqations of the COUNTY.
,
1 a. Upon compliance with all the terms and
conditions herein set forth, and prior to the expiration of the
term of this contract, the COUNTY shall pay to the CITY a sum not
to exceed Eight Hundred Thirty Nine Thousand Four Hundred Dollars
($839,400.00) from appropriated funds. .
'.
b. The COUNTY's obligation to pay shall be based
,
upon an inspection and audit of the records of the project as more
particularly described in paragraph 4.d. above. If the CITY
.;0
receives, funds from any other source, those funds shall first be
~ applied to the sum due and owing and reduce the aggregate
.., : l'
0: ~', identified in paragraph 5.a. above accordingly.
~
1
c. The COUllTY's obligation to pay under this
contract is contingent upon an appropriation for its purpose by its
Board of County Commissioners in its Fiscal Year 1993 budget.
d. The COUNTY's representative may enter upon any
:
CITY property to monitor and verify the construction costs and
I
expenses attendant thereto. The COUllTY and the CITY's
,
.i representative shall perfonl joint inspection of the project
a
within one ( 1) month of aetual project eompletion.
6. Indemnifieation. To the fullest extent permitted
i the CITY agrees to indemnify and hold harmless the COUNTY,
I by law,
its officials, agents, er.1ployees and assignees, from any and all
liability , suits, actions, legal, equitable or administrative
proceedings, claims, demands, fees, I
damages, attorney's costs and I
expenses of whatsoever kind or nature, whether arising during or:
I
after completion of tho work hereunder and in ~ny mannor directly!
or indirectly caused, occasioned or contributed to in whole or in \
,
-~-".
.
'.
.
!
..
active or passive, of CITY, its agents, officials, employees, or
I
anyone acting pursuant to their control, or on their behalf, in
connection with or incident to the performance of this Agreement.
For purposes of liability, the CITY and the COUNTY are covered by
1 the provisions of Florida statute Section 768.28 and this agreement
\
shall not be deemed a'waiver of sovereign immunity by either party.
" 7. Notices. All notices required under this contract --
; shall be forwarded, in writi'ng, to:
1
.1 Board of County Commissioners city of Delray Beach
of Palm Beach County 100 N.W. First Ave.
Governmental Complex Delray Beach, FL 33444
301 N. Olive Avenue
! West Palm Beach, FL 33401
and with a copy to:
;
Palm Beach County Department of City Attorney
Environmental Resources Management City of Delray Beach
3111 s. Dixie Hwy., suite 146 100 N.W. First Ave.
I West Palm Beach, FL 33405 Delray Beach, FL 33444
with a copy to:
.' County Attorney
1\ ~ Palm Beach County
P.O. Box 1989
West Palm Beach, FL 33401-1989
.;.
.;~ .- 8. Waiver of Breach. It is hereby agreed to by the
.. ~
I parties that waiver of breach of of the covenants
no any or
provisions of this agreement shall be construed to be a waiver of
any succeeding breach of the same or any other covenant.
9. Entiretv of Aqreement. The COUNTY and CITY agree
.,
~ that this contract, together with any exhibits attached hereto,
'j
, sets forth the entire agreement between the parties, and that there
-.j
:1 are no promises or understandings other than those stated herein.
None of the provisions, terms or obligations in this contract may
be added to, modified, superseded, or otherwise altered, except by
:! written instrument executed by the parties hereto.
10. Enforcement Costs. If any legal aetion or other
,. proceeding is brought for the enforcement of this contract, or
:1 ' because of an alleged dispute, breach, default or misrepresentation
'. f
. ~l !
. -!:
. '. in connection with any provisions of this contract, the successful I
I
. '. or prevailing party or partieg gha 11 ba entitled to reoover I
'. .'. .' : I
, . reasonable attorney's fees, court costs and all expenses (including
taxes) even if not taxable as court costs (inClUding, without
.
. .
~
-
limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding, in addition to any other
relief to which such 'party or parties may be entitled.
IN WITNESS WHEREOF, the County of Palm Beaeh, Florida has
;-- , caused this agreement to be signed by the Chairman of the Board of
County Commissioners and the seal of said Board to be affixed
---
1
i hereto and attested by the Clerk of said Board, pursuant to
"
:
authority granted by said Board, and the City of Delray Beach has
~ caused this Agreement to be signed in its corporate name by its
.i Mayor and its corporate seal to be affixed hereto, attested by its
City Clerk, the date and year first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
..~ Milton Bauer, Clerk BOARD OF COUNTY COMMISSIONERS
,
to. By: By:
Deputy Clerk Chair
-'-
11 ATTEST: CITY OF DELRAY BEACH, A MUNICIPAL
. . t~ .. CORPORATION UNDER THE LAWS OF THE
. STATE OF FLORIDA
1
,.
, By: By:
City Clerk Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
.
By: By:
j city Attorney County Attorney
"
, ,
,
,
.
J
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
9.r.
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 22. 1992
AMENDMENT NO. 4 TO THE CONTRACT WITH WASTE MANAGEMENT
DATE: September 18, 1992
This item is before you to approve Amendment No. 4 to the contract
with Waste Management. Amendment No. 4 institutes the "green route"
for the separate collection of vegetative matter. The amendment also
includes charges for this service and updates the other rates making
them consistent with the ordinance before you which increases the
rates. Further, the amendment eliminates the need for further
contract amendments to reflect changes in the rates in the future.
Recommend approval of Amendment No. 4 to the contract with Waste
Management instituting the "green route" and attendant charges,
updating the rates, and eliminating the need for further contract
amendments for future rate changes.
~ 5-0
;1""
.
. oK;
~(/
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 2()(J ~w Isl r\Vl~UE . DELRAY BEACH, FLORIDA 33444
FACSI ~lILE 4()7 ;278-4 755 Wr~t_r'. D~r_at L~n_
(407) :143-7081
MEMORANDUM
Date: September 17, 1992
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Amendment No. 4 to Waste Manaqement Contract
Attached please find Amendment No. 4 to the Waste Management
contract which institutes the "green route" for the separate
collection of vegetative matter. The amendment also includes
charges for this service and updates the other rates to be
consistent with the ordinance before you for second reading.
The amendment also eliminates the need tor further contract
amendments to reflect changes in the rates in the future.
Our of flee requests this amendment be placed on the September
22, 1992 City Commission agenda.
s~
Attachment
cc: Alison MacGregor Harty, City Clerk
waste.sar
;1,.,
.
;
AMENDMENT NO. 4 TO THE REFUSE CONTRACT
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA,
AND WASTE MANAGEMENT, INC. OF FLORIDA
THIS AMENDMENT NO. 4 to the Agreement dated March 1, 1989,
Amendment Nos. 1, 2 and 3 thereto is made and entered into this
day of , 1992, (hereafter referred to
as the "Refuse Contract"), by and between the CITY OF DELRAY
BEACH, FLORIDA, a municipal corporation, ("City") and WASTE
MANAGEMENT, INC. OF FLORIDA, ( "Contractor" ) .
WIT N E SSE T H :
WHEREAS, the City and the Contractor have entered into a
Refuse Contract to provide for the collection and recycling of
garbage and trash within the City of Delray Beach, Florida;
and,
'-
WHEREAS, the City and the Contractor desire to modify the
Refuse Contract to provide for the separately routed collection
of vegetative materials for recycling purposes for all
residential units and multifamily units which receive curb-side
service, effective October 1, 1992; and,
WHEREAS, the City and the Contractor wish to modify the
Refuse Contract to provide for the separately routed vegetative
recycling collection charge; and,
WHEREAS, the City and the Contractor further wish to
modify Appendix C to the Refuse Contract to reflect correct
charges for all services provided by the Contractor.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
PROMISES, AND REPRESENTATIONS SET FORTH HEREIN AND FOR OTHER
'.
GOOD AND VALUABLE CONSIDERATION, WHICH IS HEREBY ACKNOWLEDGED,
THE PARTIES HERETO AGREE AS FOLLOWS:
1. That the recitations set forth above are true and
correct and are incorporated herein.
2. That Section 5, "Recycle Delray Beach - City-Wide
Program" , as referred to in Amendment No. 3 to the Refuse
Contract shall be modified by amending Section 1, Residential
Recyclinq Proqram, by adding subparagraph D, to read as
follows:
Section 5. Recycle Delray Beach - City-Wide Program
1. Residential Recyclinq Proqram.
D. Commencing October 1, 1992, the Contractor shall
begin a separately routed and collected vegetative collec-
tion service (hereinafter referred to as the "green
route" ) for residential and multifamily units which
--
presently receive curb-side service. The "green route"
service will occur once a week on one of the regular
pick-up days, but will be collected by a separately routed
waste collection vehicle.
3. That Amendment No. 3, Section 5, "Recycle Delray
Beach - City-Wide Program", Subsection 5, Public Relations and
Education, Subsection A, "Residential Recycling Program" is
amended to add the following sentence to the end of subsection
A, to read as follows:
Notwithstanding the foregoing, the Contractor will provide
and distribute door hangers and other promotional and
informational literature for the separately routed and
2
II...
collected vegetation collection service for residential
and multifamily residences currently receiving curb-side
service.
4. That Appendix C to the Refuse Contract as attached to
the Refuse Contract and subsequent amendments thereto is hereby
modified to reflect rates effective October 1, 1992. Appendix
C is attached hereto and incorporated herein. Hereafter, the
appropriate rates and charges will be as set forth by ordinance
(as may be amended from time to time) and will not be set forth
separately in this agreement. All rates set forth by ordinance
will be deemed incorporated herein.
5. All terms and conditions of the Refuse Contract dated
March 1, 1989, and Amendment Nos. 1, 2 and 3 thereto (the
Refuse Contract) between the City and the Contractor, except as
may be in expressed conflict with this Amendment No. 4, shall
---
be unaffected'by this Amendment and remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have entered into
this Amendment No. 4 to the Refuse Contract as of the day and
year first above written.
CITY OF DELRAY BEACH, FLORIDA
By:
Thomas Lynch, Mayor
ATTEST:
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
3
II. .
.
WITNESSES: WASTE MANAGEMENT, INC. OF
FLORIDA, a Florida corporation
By:
(Name printed or typed) Title:
(Name printed or typed) (SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1992, by
of Waste Management, Inc. of Florida, a Florida corporation, on
behalf of the corporation. He/She has produced
(type of identification) as
identification and did (did not) take an oath.
---
Signature of Notary Public-
State of,Florida
Print, Type or Stamp Name of
Notary Public
refuse.agt
4
".
,.
SOLID WASTE REMOVAL AND RECYCLING CONTRACT
BETWEEN
CITY OF DELRAY BEACH
AND
WASTE MANAGEMENT INC. OF FLORIDA
APPENDIX C - SCHEDULE OF RATES (Page 1 of 4)
EFFECTIVE OCTOBER 1, 1992
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION A - RESIDENTIAL RATES (GARBAGE AND TRASH SERVICE)
HAULING CHARGES TYPE A TYPE B TYPE C TYPE D
--------------- ------- ------- ------- -------
BASE PRICES (1) $16,811.32 $25,651.05 $0.00 $11,915.58
ADD-UNIT RATES (1) $5.79 $6.50 $1.41 $4.42
TYPE F TYPE G TYPE H TOTAL
------- ------- ------- -------
BASE PRICES (1) $0.00 $0.00 $0.00 $54,377.95
ADD-UNIT RATES (1) $5.79 $6.50 $4.42 N/A
(1) Brought forward for C.P.I. increases thru October 1, 1992
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION B - RESIDENTIAL RATES (BULK TRASH PICKUP SERVICE)
HAULING CHARGES TYPE A TYPE B TYPE C TYPE D
--------------- ------- ------- ------- -------
BASE PRICES (1) $4.05 $1. 43 $0.48 $1. 43
TYPE F TYPE G TYPE H
------- ------- -------
-. BASE PRICES (1) $1. 43 $4.05 $4.05 (2)
--::-- 1992
(1) Brought forward for C.P.I. increases thru October 1,
(2) Types G and H are expanded service areas for the Bulk Pick-up
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION C - RESIDENTIAL RATES (CURBSIDE RECYCLING SERVICE)
HAULING CHARGES TYPE A TYPE B TYPE C TYPE D
--------------- ------- ------- ------- -------
BASE PRICES (1) $2.04 $2.04 $2.04 $2.04
HAULING CHARGES TYPE F TYPE G TYPE H
--------------- ------- ------- -------
BASE PRICES (1) $2.04 $2.04 $2.04
(1) Brought forward for C.P.I. increases thru October 1, 1992
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION D - RESIDENTIAL RATES (VEGETATIVE WASTE COLLECTION/SRVCS)
HAULING CHARGES TYPE A TYPE B TYPE C TYPE D
--------------- ------- ------- ------- -------
BASE PRICES (1) $0.85 $0.85 $0.85 $0.85
HAULING CHARGES TYPE F TYPE G TYPE H
--------------- ------- ------- -------
BASE PRICES (1) $0.85 $0.85 $0.85
(1) Separate vegetative waste collection services effective 10/1/92
Note: All rates above represent monthly charges to the City.
'I. .
.
SOLID WASTE REMOVAL AND RECYCLING CONTRACT
BETWEEN
CITY OF DELRAY BEACH
AND
WASTE MANAGEMENT INC. OF FLORIDA
APPENDIX C - SCHEDULE OF RATES (Page 2 of 4)
EFFECTIVE OCTOBER 1, 1992
------------------------------------------------------------------------
------------------------------------------------------------------------
SECTION E - COMMERCIAL RATES (GARBAGE & TRASH SERVICE)-RESIDENTIAL
HAULING CHARGES 2 CU YARD 3 CU YARD 4 CU YARD 6 CU YARD 8 CU YARD
--------------- --------- --------- --------- --------- ---------
1X PER WEEK SVC $31. 00 $42.00 $51. 00 $71. 00 $88.00
2X PER WEEK SVC $60.00 $83.00 $103.00 $142.00 $175.00
3X PER WEEK SVC $91. 00 $125.00 $154.00 $214.00 $263.00
4X PER WEEK SVC $121. 00 $166.00 $205.00 $285.00 $351. 00
5X PER WEEK SVC $151. 00 $208.'00 $257.00 $356.00 $439.00
6X PER WEEK SVC $181.00 $250.00 $308.00 $427.00 $526.00
COMMERCIAL RATES (GARBAGE & TRASH SERVICE)-NON RESIDENTIAL
1X PER WEEK SVC $50.00 $71. 00 $90.00 $130.00 $166.00
2X PER WEEK SVC $99.00 $142.00 $181.00 $260.00 $332.00
3X PER WEEK SVC $149.00 $213.00 $271. 00 $389.00 $498.00
4X PER WEEK SVC $199.00 $284.00 $362.00 $519.00 $663.00
5X PER WEEK SVC $249.00 $355.00 $452.00 $649.00 $829.00
6X PER WEEK SVC $298.00 $425.00 $543.00 $779.00 $995.00
Note: Rates~e stated in terms of monthly service charges, and
I customers are invoiced directly by Waste Management. Rates
include C.P.I. increases and applicable disposal adjustments
that have been approved by the City thru October 1, 1992
; ------------------------------------------------------------------------
------------------------------------------------------------------------
! SECTION F- COMMERCIAL RATES (MIXED PAPER RECYCLING SERVICE)
HAULING 96 GAL 2 CU YARD 3 CU YARD 4 CU YARD 6 CU YARD 8 CU YARD
--------- -------- --------- --------- --------- --------- ---------
l/WEEK $17.45 $42.10 $55.45 $75,99 $100.64 $126.32
2/WEEK $26.70 $63.67 $83.18 $118.10 $165.34 $211. 56
3/WEEK $34.91 $84.21 $109.88 $161. 23 $239.29 $297.83
4/WEEK $44.16 $105.78 $137.61 $203.34 $293.72 $383.07
.5/WEEK $53.40 $127.34 $164.32 $246.48 $357.39 $468.31
6/WEEK $62.64 $148.91 $191.02 $289.61 $421.07 $553.55
Note: Rates are stated in terms of monthly service charges, and
shall be billed by Waste Management. Waste Management will
provide the City with a detailed list of commercial recycling
customers. Multifamily units which do not receive curbside
recycling service shall be assessed a monthly charge of $1.64
per unit which shall be billed by the contractor.
------------------------------------------------------------------------
------------------------------------------------------------------------
Note: Commercial rates for garbage and trash service (Section D)
include billing surcharges and other add-on items which
are passed back to the City on a monthly basis. Refer to
Section G of this appendix (Page 3 and 4).
II..
,.
) SOLID WASTE REMOVAL AND RECYCLING CONTRACT
i
BETWEEN
. CITY OF DELRAY BEACH
AND
WASTE MANAGEMENT INC. OF FLORIDA
APPENDIX C - SCHEDULE OF RATES (Page 3 of 4)
EFFECTIVE OCTOBER 1, 1992
------------------------------------------------------------------------
------------------------------------------------------------------------
RESIDENTIAL DUMPSTERS
SECTION G - COMMERCIAL BILLING SURCHARGE & PASSBACK SCHEDULE
NEW CITY RES BULK TOTAL
CONT CONT ORDINANCE FEES EQUIV TRASH PASS-
SIZE FREQ RATE 3% $.75 CHARGE BACK
------------------------------------------------------------------------
2 1 $31. 00 $0.77 $3.00 $3.32 $7.09
2 2 $60.00 $1.52 $6.00 $6.26 $13.78
2 3 $91. 00 $2.29 $9.00 $9.58 $20.87
2 4 $121.00 $3.05 $12.00 $12.89 $27.94
2 5 $151.00 $3.81 $15.00 $15.84 $34.65
2 6 $181. 00 $4.58 $18.00 $19.16 $41. 74
3 1 $42.00 $1. 04 $4.50 $4.79 $10.33
3 2 $83.00 $2.08 $9.00 $9.58 $20.66
3 3 $125.00 $3.12 $13.50 $14.37 $30.99
3 4 $166.00 $4.16 $18.00 $19.16 $41. 32
3 5 $208.00 $5.20 $22.50 $23.95 $51. 65
3 6 $250.00 $6.25 $27.00 $28.74 $61. 99
I
I 4 1 $51. 00 $1. 27 $6.00 $6.26 $13.53
I
4 2 $103.00 $2.55 $12.00 - $12.89 $27.44
4 -- , 3 $154.00 $3.82 $18.00 $19.16 $40.98
4 4 $205.00 $5.09 $24.00 $25.42 $54.51
4 5 $257.00 $6.36 $30.00 $32.05 $68.41
4 6 $308.00 $7.63 $36.00 $38.32 $81. 95
6 1 $71. 00 $1. 74 $9.00 $9.58 $20.32
6 2 $142.00 $3.49 $18.00 $19.16 $40.65
6 3 $214.00 $5.23 $27.00 $28.74 $60.97
6 4 $285.00 $6.98 $36.00 $38.32 $81. 30
6 5 $356.00 $8.72 $45.00 $47.89 $101. 61
6 6 $427.00 $10.47 $54.00 $57.48 $121. 95
8 1 $88.00 $2.13 $12.00 $12.89 $27.02
8 2 $175.00 $4.24 $24.00 $25.42 $53.66
8 3 $263.00 $6.37 $36.00 $38.32 $80.69
8 4 $351.00 $8.50 $48.00 $51.21 $107.71
8 5 $439.00 $10.61 $60.00 $63.74 $134.35
8 6 $526.00 $12.74 $72.00 $76.63 $161.37
------------------------------------------------------------------------
Note: Waste Management provides the City with a summary total of
containers by size and frequency, calculates the total amount
of fees due the City, and remits all fees to the City on a
monthly basis.
,', .
.
. .
.
SOLID WASTE REMOVAL AND RECYCLING CONTRACT
BETWEEN
CITY OF DELRAY BEACH
AND
WASTE MANAGEMENT INC. OF FLORIDA
APPENDIX C - SCHEDULE OF RATES (Page 4 of 4)
EFFECTIVE OCTOBER 1, 1992
------------------------------------------------------------------------
------------------------------------------------------------------------
NON-RESIDENTIAL DUMPSTERS
SECTION G - COMMERCIAL BILLING SURCHARGE & PASSBACK SCHEDULE
NEW CITY RES BULK TOTAL
CONT CONT ORDINANCE FEES EQUIV TRASH PASS-
SIZE FREQ RATE 3% $.75 CHARGE BACK
------------------------------------------------------------------------
2 1 $50.00 $1. 31 $3.00 $3.32 $7.63
2 2 $99.00 $2.62 $6.00 $6.26 $14.88
2 3 $149.00 $3.93 $9.00 $9.58 $22.51
2 4 $199.00 $5.24 $12.00 $12.89 $30.13
2 5 $249.00 $6.55 $15.00 $15.84 $37.39
2 6 $298.00 $7.86 $18.00 $19.16 $45.02
3 1 $71. 00 $1. 86 $4.50 $4.79 $11.15
3 2 $142.00 $3.72 $9.00 $9.58 $22.30
3 3 $213.00 $5.59 $13.50 $14.37 $33.46
3 4 $284.00 $7.45 $18.00 $19.16 $44.61
3 5 $355.00 $9.31 $22.50 $23.95 $55.76
3 6 $425.00 $11. 17 $27.00 $28.74 $66.91
4 1 $90.00 $2.36 $6.00 $6.26 $14.62
4 --- 2 $181.00 $4.74 $12.00 $12.89 $29.63
4 3 $271.00 $7.10 $18.00 $19.16 $44.26
4 4 $362.00 $9.46 $24.00 $25.42 $58.88
4 5 $452.00 $11. 84 $30.00 $32.05 $73.89
4 6 $543.00 $14.20 $36.00 $38.32 $88.52
6 1 $130.00 $3.39 $9.00 $9.58 $21. 97
6 2 $260.00 $6.77 $18.00 $19.16 $43.93
6 3 $389.00 $10.16 $27.00 $28.74 $65.90
6 4 $519.00 $13.55 $36.00 $38.32 $87.87
6 5 $649.00 $16.94 $45.00 $47.89 $109.83
6 6 $779.00 $20.32 $54.00 $57.48 $131. 80
8 1 $166.00 $4.32 $12.00 $12.89 $29.21
8 2 $332.00 $8.62 $24.00 $25.42 $58.04
8 3 $498.00 $12.94 $36.00 $38.32 $87.26
8 4 $663.00 $17.26 $48.00 $51. 21 $116.47
8 5 $829.00 $21. 56 $60.00 $63.74 $145.30
8 6 $995.00 $25.88 $72.00 $76.63 $174.51
------------------------------------------------------------------------
Note: Waste Management provides the City with a summary total of
containers by size and frequency, calculates the total amount
of fees due the City, and remits all fees to the City on a
monthly basis.
II,.'
,.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
\
SUBJECT: AGENDA ITEM i ~:r - MEETING OF SEPTEMBER 22. 1992
LICENSE AGREEMENT FOR EXCURSION BOAT OPERATIONS FROM VET-
ERAN/S PARK
DATE: September 18, 1992
This item is before you to approve the standard form agreement which
will be used by the City to license excursion boats which will be
operating from Veteran/s Park.
At the May 26, 1992 regular meeting the Commission approved Ordinance
No. 18-92 which amended Chapter 92 with regard to Boats and Boating.
The new ordinance allows for the operation of excursion boats from
Veteran/s Park. Any excursion board operator may corne to the City and
apply for a license agreement. The application fee is $100. If the
application is approved, the excursion boat operator may enter into a
license agreement with the City for a term of one year. This will
allow the excursion boat operator to obtain a maximum to six one-day
permits during the one-year period. Each permit costs the operator
$250.
Should the Commission approve the license agreement form, the City
Manager should also be granted the authority to sign and approve
the agreement on behalf of the Commission. Granting this
authorization, will alleviate the need to bring each license agreement
before the Commission for approval.
Recommend approval of the license agreement for Excursion Boat
Operations from Veteran's Park and grant the City Manager authority to
sign and approve said license agreements on behalf of the Commission.
~5-(]
'.
,.
[ITY DF DElIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW Is1 AVENUE' DELRAY DEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr1.t_r' - 01.r_ct x.1.n_
(407) 243-7090
MEMORANDUM
Date: september 16, 1992
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: License Agreement for Excursion Boat Operations from
Veteran's Park
This license agreement is a form agreement which will be used
by the City to license excursion boats which will be operating
from Veteran's Park. Previously, the City Commission approved
a new ordinance amending Chapter 92 of the Code of Ordinances.
The new ordinance allows for the operation of excursion boats
from Veteran's Park. Any excursion boat operator may come to
the City and apply for a license agreement. The application
fee is $100. If the application is approved, the excursion
boat o~tor may enter into a license agreement with the City
for a term of one year. This will allow the excursion boat
operator to obtain a maximum of six one-day permits during that
one-year period. Each permit will cost the operator $250.
By approving this form license agreement, the City.Commission
should also authorize the City Manager to sign the agreement on
behalf of the Commission. This will alleviate the necessity of
coming to the Commission each time a company wishes to obtain a
0' license agreement. This process is similar to what takes place
at the City Marina with license renewals.
This office recommends .approval of the form agreement and
authorization from the City Commission to allow the City
Manager to execute the license agreement for the operation of
excursion boats from Veteran's Park.
If you have any questions regarding this matter, please call.
DNT: sh
culslne1.dnt
'.
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 19 -' by and between the CITY OF DELRAY
BEACH, FLORIDA, a municipal corporation, (hereinafter referred
to as "City") as Licensor and ,
(hereinafter referred to as "Licensee"),
ARTICLE 1
1.01. Term: The term of this License Agreement is
limited to a term~one (1) year beginning on the date of the
City's execution of this Agreement.
1. 02 . Purpose: The purpose of this Agreement is to
provide for the operation of excursions and cruises from
Veteran's Park. The scope of the operation will be limited to
the aforesaid cruises, food and beverage sales and sale of
private charters for such cruises on the excursion vessel.
1. 03. License Agreement: The intention of the
parties is to create a license for use of dock space only.
This Agreement confers no lease-hold interest and should be
construed by a court of competent jurisdiction to be a license
Agreement only.
---
ARTICLE 2
2.01. Permit Fees:
During the term of this License Agreement, Licensee shall
pay the City $250.00 for each permit. Licensee may obtain no
more than six (6) permits under the term of this License
Agreement. The permit authorizes the operation of the
Licensee's boat from licensed premises for the day specified on
the permit between the hours of 9:00 a.m. and 10:00 p.m.
2.02. Payment of Fees: The Licensee shall pay all
license and permit fees and charges as required by this License
Agreement to the following:
Joseph Weldon
Director of Parks and Recreation
50 N.W. 1st Avenue
Delray Beach, Florida 33444
ARTICLE 3
3.01. Service While Docked: No service of food or
alcoholic beverages shall be effected prior to thirty (30)
,
minutes before scheduled departure of the boat, in no event
shall full meal service begin until such time as the vessel has
entered into the main channel of the intracoastal waterway.
Except as provided in this paragraph, the serving of food and
beverages shall be only attendant to cruises; no docked
restaurant shall be operated.
3.02. Quality of Licensee's Services:
A. On-site management of the operation shall include
at all times such licensed personnel as may be required by the
United States Coast Guard.
B. Food and beverages sold to the public shall be
of good quality and served in accordance with the Health
Department requirements.
C. The Licensee shall conduct its operations in an
orderly manner so as not to unreasonably annoy, disturb or to
be offensive to customers, patrons or others in the immediate
vicinity of residents or others in the immediate vicinity of
such operations.
D. The Licensee shall take all reasonable steps to
control the conduct, demeanor and appearance of Licensee's
employees, invitees, and those doing business with it upon
objection from the City concerning the conduct, demeanor or
appearance of any such persons, Licensee will immediately take
all responsible steps necessary to remove the cause of the
objection with the assistance of appropriate law enforcement
officers, if required.
ARTICLE 4
---
4.01. Sewage Removal: The Licensee shall not remove
sewage from the vessel while it is docked at Veteran's Park.
4.02. Fueling: All fueling of the vessel will be
done at an off-site facility. At no time shall Licensee fuel
the vessel while it is docked or moored at Veteran's Park.
ARTICLE 5
5.01. Indemnification: Licensee for himself, heirs,
personal representatives, successors, and assigns, as the case
may be,. releases, defends, holds harmless and indemnifies the
City of Delray Beach, Florida, and its officers, agents, and
employees from any and all liability for loss or damage to the
boat, its Licensee, and Licensee's agents, employees, guests,
passengers, or invitees whether or not such loss or damage is
based upon the negligence or conduct of City and from any and
all loss, damage, liability, legal action or claim of what-
soever nature, arising out of the Licensee's use of the
facilities of the Park known herein as the licensed premises
including, but not limited to agents, employees, passengers,
and invitees use of the licensed premises for ingress and
egress or operation of the boat.
2
.
ARTICLE 6
6.01. Insurance: Licensee shall purchase and
maintain insurance providing coverage on an occurrence basis
during the term of this agreement as outlined below:
A. Comprehensive General Liability or Commercial
General Liability Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
General Liability Policy or Commercial General Liability filed
by the Insurance Services Office, and must include:
l. Minimum Limits of total coverage shall be
[$1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with
any excess coverage (and the carrier) to be accept-
able to the City.
2. Premises and/or Operations.
3. Independent Contractor.
4. Products and/or Completed Operations.
Licensee shall maintain in force until at least three
(3) years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
5. Broad Form Property Damage including
Completed Operations.
6. Broad Form Contractual Coverage applicable
to this specific agreement, including any hold
harmless and/or indemnification agreement.
--- 7. Personal Injury coverage with employees and
contractual exclusions removed.
8. Crew Coverage.
9. Pollution coverage.
10. Collision Liability.
1l. Strikes, Riots and'Civil Commotion.
12. Loss Payee Interest May Appear.
13. Passenger Liability.
14. Dock Liability.
15. Additional Insured. The City is to be
specifically included as an additional (including
products).
ARTICLE 7
7.01. Cancellation by City: The City may refuse to
allow docking for any reason, and the sole remedy available to
Licensee is the return of the permit fee.
ARTICLE 8
8.01. Rules and Regulations: Licensee will observe,
obey and comply with all rules and regulations adopted by the
City and all laws, ordinances and/or rules and regulations or
other governmental units and agencies having lawful
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jurisdiction, which may be applicable to Licensee's operations
under this Agreement.
ARTICLE 9
9.01. Notices: Any notices submitted or required by
this Agreement shall be sent by registered or certified mail
and addressed to the parties as follows:
To the City: Joseph Weldon, Director
Parks and Recreation Department
50 N.W. 1st Avenue
Delray Beach, Florida 33444
(407) 243-7251
To the Licensee:
or to such other addresses as either party may designate in
writing.
9.02. Interpretation: This Agreement constitutes
the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or
written agreements between the parties with respect thereto.
This Agreement may be amended only by written document, proper-
ly authorized, executed and delivered by both parties hereto.
This Agreement shall be interpreted as a whole unit and
sectio~headings are for convenience only. All interpre-
tations shall be governed by laws of the state of Florida.
Waiver of any breach shall not constitute waiver of any other
breach. Invalidation of any portion of this Agreement shall
not automatically invalidate the entire Agreement.
IN WITNESS WHEREOF, the 'parties hereto have caused
this Agreement and one (l) counterpart, each of which shall
constitute an original to be executed by the appropriate
officials as of the date first above written:
WITNESSES: LICENSEE:
(Signature of Witness)
(Print or type name)
(Signature of Witness)
(Print or type name)
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CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST: MAYOR
City Clerk
Approved as to Form and
Legal Sufficiency
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1992 by
of
(name o~orporation), a corporation, on behalf
of the corporation. He/She is personally known to me or has
produc~d as identi-
fication and did (did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: (lJ17CITY MANAGER
SUBJECT: AGENDA ITEM fI: 9t:.. - MEETING OF SEPTEMBER 22. 1992
APPROVAL OF LINE OF CREDIT WITH SUN BANK
DATE: September 18, 1992
This item is before you to approve a Line of Credit with Sun Bank for
financing for the Tennis Stadium/Facility and Beach Renourishment
projects.
On September 8, 1992, staff sent out two separate Requests for
Proposal (RFPs) to four local commercial banks requesting letters of
commitment to provide financing for the above referenced projects.
The two RFPs were for a Line of Credit in the amount of $5,350,000 for
a 2 1/2 year term ending December 1, 1994 and for a 15-year term note
in the amount of $1,850,000 which would be used to fund the Tennis
Stadium/Facility only. The purpose of the second RFP was to compare
short-term financing, with a future conversion to permanent financing,
to long-term fixed financing.
Bids were submitted in response to both RFPs. The City's financial
advisors, Public Financial Management, and staff reviewed the bids and
recommend that the City accept Sun Bank's Line of Credit in the amount
of $5,350,000 at a fixed rate of 4.69% with legal fees not to exceed
$2,500.
Recommend approval of a Line of Credit in the amount of $5,350,000
with Sun Bank for financing for the Tennis Stadium/Facility and the
Beach Renourishment project; at a fixed rate of 4.69% with legal fees
not to exceed $2,500.
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Agenda Item No.:
AGENDA REQUEST
Date: 09-18-92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 09-22-92
Description of agenda item (who, what, where, how much):
Approval of financing for the Tennis Stadium/Facility and Beach Renourishment ~roJects.
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: The City's financial advisors, Public Finance Management, and
the Finance Director recommend acceptance and approval of Sun Bank's $5,350,000 L1ne
of Credit at a fixed rate of 4.96%.
Department Head Signature:
Deter.ination of Consistency
.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO t1i1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden~ Manager
FROM: Joseph M. sa~- rector of Finance
SUBJECT: Financing for the Tennis Stadium/Facility and the Beach
Renourishment Project
DATE: September 18, 1992
On September 8, 1992 , the City of Delray Beach sent out two separate
Requests for Proposal (RFPs) to four local commercial banks requesting
letters of commitment to provide financing for the Tennis Stadium/Facility
Project and the Beach Renourishment Project.
The first RFP requested banks to bid in the form of a Line of Credit for a
2 1/2 year term ending December 1, 1994 in an amount totalling $5,350,000
for the funding of both projects.
The second RFP requested banks to provide bids for financing in the form of
a 15-year term note totalling $1,850,000 for the funding of the Tennis
Stadium/Facility only. The purpose of the second RFP was to compare
short-term financing with a future conversion to permanent financing versus
long-term fixed permanent financing.
Two commercial banks out of the four receiving RFPs, submitted bids. These
bids are as follows:
Commercial Bids Submitted for:
Bank $5,350,000 Line of Credit $1,850,000 Note
Sun Bank 4.96% Fixed: N/A
67.20% of Prime, Floating Variable: Weighted Average
72.44% of Prime
75.80% of Prime, Set Every Variable: Weighted Average
June 1 (Fixed Annually) 76.31% of Prime
First Union N/A Fixed: N/A
73.50% of Prime, Floating Variable: N/A
Attached is an analysis from Public Financial Management (PFM), the City's
financial advisors, with a recommendation to accept Sun Bank's Line of
Credit fixed rate of 4.96% with legal fees not to exceed $2,500.
We concur with Public Financial Management's recommendation.
Subject to the City's approval of the loan documents, the closing should
occur by October 15, 1992.
JMS/sam
cc: Rebecca S. O'Connor, Treasurer
Attachment
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September 17, 1992
MEMORA.NDUM
TO: Joseph Safford
Becky O'Connor
FROM: Public Financial Management, Inc.
RE: Delray Beach Tennis Center and Beach Renourishment Financing
The City of Delray Beach (the "City") has received one proposal, from SunBank/South Florida,
to provide a IS-year note in the amount of $1,850,000. The City also received two proposals,
from SunBank/South Florida and First Union National Bank of Florida, to provide a 2.5-year line
of credit in the amount of $5,350,000. Of the total amount of the line of credit, $3,500,000 is
expected to be drawn down for a Beach Renourishment Project and repaid from the receipt of
Federal grants.
The purpose for soliciting both 15-year note proposals and line of credit proposals was to
compare (i) a permanent, fixed rate fInancing to (ii) a short-term fInancing to be converted to a
permanent financing at a later date. The advantages of a permanent, fIxed rate plan of fInance at
this time is that the City could (i) lock into current low interest rates, thereby eliminating the risk
of future increases in interest rate levels, and (i) eliminate the risk that fmancing for the Tennis
Center is not available in the future. However, none of the banks which received the Request for
Proposals submitted a 15-year, fixed rate offer, although SunBank did provide a fixed rate offer
for the 2.S-year line of credit. Since a fIxed rate note is not an option for the City, and because a
fIxed rate bond issue cannot be structured before funding is needed, PFM recommends that the
City utilize the line of credit to finance the Tennis Center. The Line of Credit offers the
followi.ng advantages over a IS-year note:
. lower interest rates (67.2% of Prime versus a range of 70% to 80% of Prime, based
upon the SunBank proposals),
. the City only pays interest on the balance drawn with the line of credit compared to
paying interest on the full $1,850,000 amount from day one with the note,
. based on the estimated investment rate of 3.9%, the SBA rate, the City is in a position
of negative arbitrage and is losing money if it borrows money before it is needed,
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. the line of credit is more flexible in that it will allow the City to choose between (i)
~ issuing bonds in the future, (ii) securing a bank note in the future or (iii) extending the
, line of credit, and
,
. since the City will require a line of credit for the Beach Renourishment Project
regardless of the financing of the Tennis Center, a single line of credit for both
projects provides for easier administration than separate financing.
Furthermore, based on the City's single "A" rating for its Utility Tax Revenue Bonds, PFM
believes there is little or DO risk that the City will not be able to secure financing in the future.
Based on the bid information provided by SunBank: and First Union, it is PFM's recommendation
that the City obtain the line of credit offered by SunBank at a fIxed rate of 4.96% for up to 2.5
years. Since the prime rate is presently at a five-year low, it would be prudent to take advantage
of the low fixed rate before it rises. In election years, rates sometimes tend to rise late in the
year. SunBank also offers the lowest fees, $2,500 for legal expenses, of the two respondents.
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'/0
SUBJECT: AGENDA ITEM i 9L - MEETING OF SEPTEMBER 22. 1992
CHANGE ORDER NO. 8/ELKINS CONSTRUCTORS. INC.
DATE: September 18, 1992
This is a change order in the amount of $32,059.49 to the contract
with Elkins Constructors, Inc. for miscellaneous changes required on
the Water Treatment Plant Lime Softening Conversion project.
These proposed changes were provided for in the project contingency
and include:
-Addition of three backflow preventers and separate water
fountain plumbing.
-Relocation of the monorail footings and shorten monorail.
-Relocation of 10 inch Decant Filtrate (discharge pipe) line at
stormwater retention pond.
-Addition of various instrumentation and control (miscellaneous
wiring and installation of motor starters).
-Construction of grit chamber and associated plumbing.
-Painting interior of manholes.
-Addition of keyway on sludge thickener troughs.
A detailed outline is attached as backup material for this item.
Recommend approval of Change Order No. 8 in the amount of $32,059.49
to the contract with Elkins Constructors, Inc. with funding from 1991
Water and Sewer Revenue Bond Issue - Buildings (Account No.
447-5164-536-60.31).
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{A;/7d r- 1l1701C'Ew5
altOS5 CrlY7/?j )
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Agenda Item No.:
AGENDA REOUEST
Date: September 11, 1992
Request to be placed on:
__X__ Regular Agenda
_____ special Agenda
_____ Workshop Agenda When: September 22, 1992
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #8 to Elkins Constructors, Inc. on the Water
Treatment Plant Lime Softening Conversion Project (91-22). Change Order No. 8
is for miscellaneous changes required for the Project. These Changes are
itemized as an attachment to the Change Order. Change Order #8 is for a net add
amount of $32,059.49. Funding Source is 447-5164-536-60.31.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED~NO
Recommendation: Staff Recommends approval of Change Order #8.
D~partment Hea~~ I} ?'./t/!f Z- JI-
S~gnature: ~~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds) :
Funding available: ES NO
Funding alternatives (if applicab~e)
Account No. & Description#L-SIl&-'S~ .100.....2>1 N\P L-I~ S6f'~'~-~
Account Balance 3Z,IO~.~ I
City Manager Review:
Approved for agenda: @NO!H
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
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CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 8 PROJECT NO. 91-22 DATE: September 4,1992
PROJECT TITlE: Water Treatment Plant Improvements
TO CONTRACTOR: Elkins Constructors
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PlANS AND SPECIFICATIONS
FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT
STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Provide materials, equipment and labor for work described In Request for Quotations 18,20-21, and
23-26. See Schedule A and Attachment for description of work.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $3,985,cro.OO
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 231,873.70
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 4,216,873.70
COST OF CONSTRUCTION CHANGES THIS ORDER 32,059.49
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 4,248,933.19
PERCENT INCREASE/DECREASE THIS CHANGE ORDER 0.8%
TOTAL PERCENT INCREASE/DECREASE TO DATE 6.6%
EXfENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT ~ CALENDAR DAYS TO February 9, 1993
CERTIFYING STATEMENT: I hereby certify that the supporting cost data Included Is, In my
considered opinion, accurate; that the prices quoted are fair and
reasonable, and In propor rotlo to tho cost of tho origInal .....ork
Geffiractod for under benefit competitive bidding. ~
~- C-
CONTRACTOR SI ATURE CONSULTING ARCHI CT OR ENGINEER
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FL
By Its City Commission
RECOMMENDED: By:
PROJECT MANAGER MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
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* * * REQUEST FOR QUOTATION TRACKING LOG * * *
FOR WITHIN CONTRACT SCOPE CHANGES
SCHEDULE A
######### File: RFQDB3.WK1
######### Updated:
CH2M HILL Project: Delray Beach WTP Lime Conversion 09/04/92
######### Project #: SEF30787.B7.10
Original Contract: $3,985,000
Original Contract Complete: February 9. 1993
Initiation Final
No. Date Keyword Description ., Settlement Disposition/Comments
18 07/07/92 Add 3 backflow preventers and $11,590.37
separate water fountain plumbing
from process water
20 07/14/92 Relocate monorail footings and shorten $1,467.74 Work Change Directive
monorail No. 1 and Field Order 20
21 07/17/92 Relocate 10" DE/F line at stormwater $3,315.28 Field Order 18
retention pond
23 08/18/92 Various Instrumentation and Control $5,030.86
24 08/18/92 Grit Chamber and associated plumbing $8,212.39
25 08/19/92 Paint interior of MH's $646.93
26 08/19/92 Keyway on sludge thickener troughs $1,795.92
FINALIZED CONTRACT TOTALS $32,059.49
., Explanation attached
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ATTACHMENT
No. Exolanation
18 Englnesrlng Design Changes. Separate water fountain
plumbing from seal water and install one (1) 6-inch, one (1) 1-
inch, and one (1) 4-inch reduced pressure backflow preventer
on the dewatering building, chlorine building, and lime building,
respectively. This is to prevent cross-contamination in potable
water sources.
20 Unforeseen Conditions - Monorail footings for the chlorine
building conflicted with the existing 24" raw water main so four
footings were relocated and the monorail was shortened by
5 feet.
21 Engineering DesIgn Changes. Pipe elevation for 1 Q-inch
DE/F line was incorrect on plans and has been lowered to go
under the stormwater retention pond.
23 Engineering Design Changes - Miscellaneous wiring. Please
reference Johnson-Yokogawa RFls #30, 34, 38, 39, and 4$.
Furnish and install motor starters for M-3-5-1 and M-3-5-2 (RFI
#38). Provide prQssurQ transmitter FT-20-1 (2) with square
root analog signal output feature (RFI #43).
24 Clly requested - grit chamber to reduce plugging potential and
associated maintenance of drain lines In the dewatering
building.
25 City reQuested - painting interior of manholes to complv with
City standards. Painting was not a requirement In the contract
documents.
26 City requested - keyway on sludge thiokenQr troughs in
response to City's structural inspector's request and '0 prevent
shear problems.
., . ,
CITY OF DELRA Y BEACH
SUMMARY OF WTP CONTRACT CHANGES
Percent of
Change Original
RFQ Order Description Cost Contract
ENGWEEmNGDES~NC~NGES
4 C.O.3 Add 2 PRV's $2,604
6 C.O.3 PVC conduit changed to RSC $703
8 C.O.3 Delete filter connection & piping ($2,188)
14 C.O.3 Sludge thickener level ($1,500)
15 C.O.3 Change electrical conduit size $666
16 C.O.3 Upgrade electrical power to valves $4,382
17 C.O.3 Electrical motor 15 to 1 0 H P $1,092
18 C.O.8 Backflow preventers & piping $11,590
21 C.O.8 Reroute 10" DE/F $3,315
23 C.O.8 Various I & C $5,031
TOTAL $25,695 0.64%
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CITY OF DELRA Y BEACH
SUMMARY OF WTP CONTRACT CHANGES
Percent of
Change Original
RFQ Order Description Cost Contract
OWNER REQUESTED CHANGES
3 C.O.4 Irrigation system on finished water $3,629
10 C.O.1 Treatment unit rehab $92,317
11 C.O.5 Air stripper maintenance $22,628
12 C.O.3 Nagle vs. Wilfley $6,940
22 C.O.7 Increase pen recorders & totalizers $31,500
24 C.O.8 Grit chamber $8,212
25 C.O.8 MH interior paint $647
26 C.O.8 Keyway on sludge thickener $1 ,796
C.O.6 Treatment unit rehab, welding & finishing $74,801
TOTAL $242,470 6.08%
UNFORESEEN CONDITIONS
20 C.O.8 Shorten monorail span $1 ,468
TOTAL $1 ,468 0.04%
CONTRACTOR REQUESTED
1 C.O.3 CMU weight changed to standard ($2,500)
5 C.O.3 Steel pipe for W2 replaced wI PVC ($2,500)
7 C.O.3 TEFC gland air cooled sealing system ($700)
TOTAL ($5,700) -0.14%
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Oepc.."lrtmentaJ BudgBt Transfer
(1) Dopartmental Line Transfer (2) Date - -
I SeptembBr-t-S;1-g~
(3) h1terfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: 811dQet
Lf~LACCOUNT NUMBER (7) DESCRIPTION (8) TRAIJSFER OUT 1(9) TRANSFER IN
r--'-- 447-5164-536.33-11 Wtr Treatment Plant-Eng ___h._._______~._ _,_._
r,') O\'O I
0_, J
447 -5164-536.60-31 Wtr Treatment Plant-Bldgs I 32,060
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(10) TOTAL 3.s060 32 060
JUSTIFICATION:
Transfer required to fund change order #8 to Elkins Constructors, Inc. on the Water Treatment
Plant Lime Softening Conversion Project (91-22).
Department Head Asst City Manager
Budget Officer City Manager -
(11) Budget Revision Date (12) Control Number - -
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM # r.frl - MEETING OF SEPTEMBER 22. 1992
SERVICE AUTHORIZATION NO. 11/HAZEN AND SAWYER. P.C.
DATE: September 181 1992
This is a service authorization in the amount of $35/000 for
professional engineering services necessary to assist in the
preparation of the City's National Pollutant Discharge Elimination
System (NPDES) Part 2 permit application for the Municipal Stormwater
Management System.
The scope of service under this authorization includes:
1) assisting the City in establishing legal authority to control
the contribution of pollutants to the municipal storm sewer
system;
2) assisting the City in preparing a proposed management program;
3) assisting the City in estimating the reduction in pollutant
loadings from municipal storm sewer discharges;
4) assisting the City in preparing a fiscal analysis for each
year to be covered by the NPDES Permit;
5) coordination/negotiation with EPA (up to 16 hours); and,
6) coordination with Palm Beach County lead and co-applicants up
to 24 hours.
Recommend approval of Service Authorization No. 11 to the contract
with Hazen and Sawyer, P.C. in the amount of $35,000 for professional
engineering services necessary to assist in the preparation of the
City's National Pollutant Discharge Elimination System (NPDES) Part 2
permit application for the Municipal Stormwater Management System;
with funding from Stormwater utility Fund - Consulting (Account No.
448-5411-538-33.15).
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Agenda Item No.1
AGENDA REQUEST
Datel September 11, 1992
Request to be placed on:
XXX Regular Agenda
Special Agenda
Workshop Agenda When: September 22, 1992
Description of item (who, what, where, how much): Staff requests City Commission to
approve Service Authorization No. 11 to Hazen & Sawyer. P.C.in the amount of $35.000.00. This
authorization provides professional enqineerinq services in assistina with the preparat.ion of t.hp.
City's National Pollutant Discharqe Elimination Svstem (NPDESl Part 2 permit application for the
Municipal Stormwater Manaqement System. Proiect No. 91-66. Funding Rmlr~p. will hp. from
448-5411-538-33.15.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission to approve Service Authorization No. 11 to
Hazen & Sawyer. P.C. in the amount of $35.000.
Department Head Signature: ;)# B~n_~~C'~Dj) ? /~I,~ z:-
.I' .
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget D~+ector Review (~red on all items involving expenditure of funds):
Funding available: VNO
Funding alternatives (if applicable)
Account No. & DescriPtion~~~'~~-(~ c.oN$LlL.TIN~
Account Balance '3~, ~j Pi
City Manager Review:
Approved for agenda: ~/NO tj~1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 11 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE:
PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.)
TITLE: National Pollutant Discharqe Elimination System
General Consultation
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the contract as if written there in full.
TITLE: NPDES Support Services
I. PROJECT DESCRIPTION
Provide professional engineering services in assisting with the preparation of the City's National
Pollutant Discharge Elimination System (NPDES) Part 2 permit application for the Municipal
Stormwater Management System.
II. SCOPE OF SERVICES
1. Assist the City in establishing legal authority, or demonstrating that they have existing
legal authority (through ordinances, regulations, etc.) to control the contribution of
pollutants to the municipal storm sewer system, to prohibit illicit discharges (including
spills, dumping, etc.), to require compliance and to inspect and monitor for compliance.
2. Assist the City in preparing a proposed management program, in accordance with Chapter
40, Section 122.26[d][2][iv] of the Federal Register, to be effective for the duration of the
National Pollutant Discharge Elimination System (NPDES) Permit. The program is to
include a description of structural and source controls to reduce pollutants, a description
of a program to detect and eliminate illicit discharges to the municipal storm sewer
system, a description of a program to monitor and control pollutants in storm water
discharges from landfills, hazardous waste sites, and disposal/recovery facilities, and a
program to implement structural and non-structural Best Management Practices.
3. Assist the City in estimating the reduction in pollutant loadings from municipal storm sewer
discharges as a result of the implementation of the proposed management program.
Page 1 of 4
PROSC066.BCA'OB-10-92
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4. Assist the City in preparing a fiscal analysis for each year to be covered by the NPDES
Permit, which indicates the expenditures necessary to accomplish the proposed
management program and the source(s) of this funding.
5. Coordination/Negotiation with EPA up to sixteen (16) hours.
6. Coordination with Palm Beach County lead and co-applicants up to twenty-four (24) hours.
Phase I - Study and Report - Not Applicable
Phase II - Preliminary Desl~n Phase - Not Applicable
Phase III - Final Deslan Phase - Not Applicable
Phase IV - Blddln~/Neaotlatlon Phase - Not Applicable
Phase V - Construction Phase - Not Applicable
Phase VI - Resident ProJect Representative Phase - Not Applicable
III. DATA AND SERVICES TO BE PROVIDED BY THE CITY
CITY shall provide Data and other services in accordance with Article IV of the Contract. As
additional services, the CITY shall provide copies of record drawings, contract documents,
vendors operation and maintenance manuals, shop drawings, and a copy of all pertinent in-house
recordkeeping and operating forms etc.
IV. TIME OF PERFORMANCE
The completion date of this work will be May 17, 1993.
Page 2 of 4
PROSC066.BCA:08-10-92
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V. COMPENSATION
The compensation for services provided shall be on the basis of a total fee not to exceed in
accordance with Article VII, Method I, based on the following schedule.
Scope of Work Total
Legal $ 2,616
Management Program 13,566
Assessment Adjustment 6,846
Fiscal Analysis 3,486
Additional Services
Coordination with EPA 1,395
Coordination Lead/Co-applicant 2,091
Additional Services
(if authorized by City Manager) 5,000
Total Cost $30,000(1)
(11Total cost does not include additional services ($5,000).
Page 3 of 4
PROSC066.BCA:OB-10-92
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Approved by:
CITY OF DELRAY BEACH HAZEN AND SAWYER, P.C.
Date: Date: q-K -~'L
.
Thomas E. Lynch
Mayor
Attest:
Approved as to Legal
Sufficiency and Form
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this8 ~- day of !;emll1 tE-f:-
1992 by Saade M. Chibani, Associate (name of officer or agent, title of officer or agent, of
Hazen and Sawyer, P .C. (name of corporation acknowledging), a New York
(state or place of incorporation) corporation, on behalf of the corporation. He/She (is personally
known to me) or has produced identification). Florida Driver's License
(type of identification) (as identification) and (did/did not) take an oath.
yj~~t~
Signature of Person Taking
Acknowledgement N',T)}I~ plllJUC STArr Of nc<:yll,
M y C(~''il-l1 55 I 00 EX". ,)1'..1'1. !t,' ,;) '.,
1I0ilDEI) T1tflU GEtllilA~- H!:" lJ,;~' ~"
.s t/Sf},J kE It! H
Name of Acknowledger Typed,
Printed or Stamped
Page 4 of 4
PROSC066.BCA:OB-10-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~~CITY MANAGER
SUBJECT: AGENDA ITEM i 9/'1 - MEETING OF SEPTEMBER 22. 1992
SETTLEMENT OFFER/PRESCOTT
DATE: September 18, 1992
At the time the agenda was complete the City Attorney's office was
still negotiating the terms of settlement with Mr. Prescott. It is
anticipated that a verbal report will be made at Tuesday evening's
meeting.
{)fr ~ -
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(t:Hi7oaPH qL- 4/JCI-(
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM II 9 e - MEETING OF SEPTEMBER 22, 1992
APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS (ARCHITECT
POSITION)
DATE: SEPTEMBER 18, 1992
With the resignation of Ronald Rickert, a vacancy has been created on
the Board of Construction Appeals for an architect. The term will
expire on August 31, 1993. A copy of Mr. Rickert's resignation letter
is attached.
In order to qualify for appointment, a person shall have actual
previous experience in their respective trade or profession deemed
sufficient by the City Commission. Residency is not required.
The following individuals have submitted their applications and resumes
for consideration; both are registered architects:
Richard Brautigan
Roy M. Simon
According to the rotation schedule, the appointment is to be made by
Commissioner Randolph (Seat #4).
Pursuant to Commission direction, a check for code violations and
property liens has been conducted. According to our records, neither
of the applicants has any outstanding violations or liens.
Recommend appointment of a member (architect position) to the Board of
Construction Appeals to fill an unexpired term ending August 31, 1993.
'.
RONALD J. R'CK!RT II, AlA
r;'€GISTEREO ARCHITECT
September 7, 1992
Anita Bal'ba
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
R!: Board of Construction Appea15
near Anita:
At this time, I would like to resign my position as a Board
of Construction Appeals member. This i. clue to an unu8ually
hish workload and my involvement with various busines5es.
It has been a pleal,"u.e to serve the City of Dalray Beach.
Please confirm in writing your acceptance of my reaignation
and forward a copy of this letter to the City Manager.
.
9109.E 5 W. 2 In Streer . Boca R . f 0 n. Florida 3 3 428 . 1407 I 48B.8q~6
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CITY OF DELRAY BEACH
eOARD MEMBER APPLICATION
PAUL RICHARD BRAUTIGAN -------
NAME
--
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Delray Beach, FL 33483
100 East Linton Blvd., Suite #206A
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
- -
(407) 243-7944 (407) 272-9086
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housin~ Authoritv,
Hi3tOriC Preservation, CAB ; Cc e. ~, loA B
,
LIST ALL CITY BOARDS ON WHICH Y~U ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) one
---
EDUCATIONAL QUALIFICATIONS R ~r.T. in Arrhi r~rrllr::ll ~rllciieaJla.~.A&H University
_-B--Arch; f"".rf",,"''''. AlIhllTn TTn;v~r~i ty ---------------------
-.----- ----
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~egrs"fered ArCh1tecf-rTIofiQ'a, t,;en1Hed Jjullding uH1~-----------------
-------- --
GIVE YOUR PRES~T, OR MOST ~18~lR~~~'s~ Pp~~TION _____
President, Arc itect, Owner, , .
,- -- - - ---------
, -_.--- ---"--- -- - . - - -
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD.
Experience 1n LOW income Hous1ng, H1s~or1C ~rese~a~1an,~s1den~ at Sau~h Ylor1da 38 vears
- -
--- --- ----_._-
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 AP-
PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
REC IVE. la/qQ 7190 ~
---_._--------_.- -~lLJM-------------
DATE
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.~ ,- --- ~~ - - - <-- - ~~ - -~ ~ - - - . ----- -
GAS
---_._~-- ---- - -- ---- -
-----
-----
Greup
A rrh Itectll re
South
About Paul Richard Brautigan------------- Inc.
P, Richard BrautJ!lan
experience in Southern Florida, Mr. Architect
with over 20 years
Brautigan has been in private practice over 4 years in
oelray Beach. Holding Architecture degrees from Florida A&M
University and Auburn University, Mr. Brautigan has designed
over 4,000 housing units and buildings as tall as 36
stories.
A native of Ft. Lauderdale, Mr. Brautigan brings his
philosophy to bear that buildings should be sensible as well
as belong to the site they occupy.
Having designed an extraordinary amount of diverse building
types from a native 'Cracker House' to the highly acclaimed
Saint Demetrios Greek Church in Ft. Lauderdale to the
wonderful Gold Coast Railroad Theme Park at Metro Zoo.
currently, Mr. Brautigan has purchased the historic Seaboard
Air Line Railroad station in Delray Beach and has started
the restoration of the building for the relocation of his
firm, Group Architecture South, Inc.
Group Architecture South, Inc. was founded in Delray Beach
in 1983 by Mr. Brautigan and currently maintains a staff of
2 architects, 4 technical support personnel, 1 field
manager, 2 interior designers and 2 clerical supports.
The reputation of Group Architecture South, Inc. has been
built on the highly creative Architecture of Mr. Brautigan
coupled with the technical clarity and technical
completeness of the firms Construction Documents.
Mr. Brautigan was selected as Architect for the personal
houses of such notables as Edward Ledd er , Chairman of the
Board of Abbott Laboratories1 Warren Thomson, an
internationally known Wall Street trademark attorney, J.
Allen Jones, former corporate counsel of Eastman Kodak;
Colonel Robert Conlin of NASA, Jack Gaines and Nathan Architecture
Miller, prominent South Plorida Developers; Jerry Baxter, Land Planning
President of Corporate Design Interiors. Graphic Ues'~n
Mode 8
Golf Course
As Frank Lloyd Wright so aptly stated, -Give back the sloganArchttecture
'a good copy is better than a poor original' - to those
whose desire for success out-measured their capacity to
perform and who framed it in self defense.- I
,
\ close examination of Mr. Brautigan's -architecture reflects
~he originality, pr inciples and truths of which Mr. wright
spoke.
100 E.t Uaton Bh'd.
Suite 802-A
Del"" Bc~ &:i =
( 1-
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ROY M. SIMON, A.LA., ARCHITECT
architects and planners
Roy M. Simon has practiced architectural design in
Florida for 40 years, and as a sole proprietor since
1959. The firm offers complete architectural services
in building design, preparation of construction
documents, construction administration, master site
planning, feasibility analysis, and interior design and
space planning.
Mr. Simon is registered to practice in Florida,
Alabama, Georgia, North Carolina, South Carolina, and
New Jersey, and is certified by the National Council of
Architectural Registration Boards.
As a native of Delray Beach, he attended local primary
and secondary public schools. He was graduated from
Georgia Institute of Technology, Atlanta, Georgia, with
Bachelor of Science and Bachelor of Architecture
degrees.
He served as a Captain in the United States Air Force
which included duty as Installation Engineer a~
Prestwick Air Base in Sco~land, responsible for design,
construction and maintenance of new air base
facilities.
As a member of St. Paul's Episcopal Church he has
served on the Ves~ry and as Lay Reader, Chalice Bearer
and Choir Member.
Professional Ac~ivi~ie.
American Ins~itu~e of Archi~ec~8
Florida Associa~ion of American Institu~e of Architec~.
Pas~ Member S~a~. Colllllli~~e. on Design
r
Palm Beaell Chap~....~ Aaerican Ine~i~u~. of Archi~ec~.
Pae~ ....E Bz.CQ~iv. Colllllli~tee .
Pa.~ ClaIr-8D Public Rela~ion. Commieeion
Pa.~ CIl.1~ Bd1:Ica~ion Co-.ieeion
Spanieh River Sec~ion, ~ricaD In.~itu~. of Archi~.ct.
Charter Vic.-Pr..iden~
Pae~ Preeid.n~
..
100 northetuc fifth awns.e, .Mte a"2, cUlTa1 bazeIa, /lorida 33483 .407"278-191'4
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[IT' DF DELHA' BEA[H
100 N.W. 1st AVENUE . DELRA Y BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: Mayor and city Commissioners
FROM: Jay Alperin, Vice-Mayor <5 {1 \-N"-/
SUBJECT: ITEM FOR SEPTEMBER 22ND AGENDA
DATE: September 18, 1992
Through a conversation with a neighbor, I have discovered two prominent
realty firms are denigrating the schools in Delray Beach.
I have asked that an item be placed on the agenda to address this
problem.
JA:nr
9 p
THE EFFORT ALWAYS MATTERS
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Sep 18,'~J2 13:45 P . ell
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 20U NW HI AVENUE' DELRAY llfACH, FLORIDA 33444
FACSIMILE 407/2711-4755 Wrlterls Direct Line
(407) 243-7092 .
j MEMORANDUM
j
Date: September 18, 1992 ~
To: City Commission ~^
i
I From: Jeffrey 5. Kurtz, City Attorney
I
subject: Impasse Resolution Collective Barg ining Agreement
Between the city and International Brotherhood of
Firemen & Oilers, Local 1221 -_.-..._.__..-_.~ - -.------.-
During the bargaining session hGld on September 16; 1992 with
the IBF&O, the City's bargaining team declared the negotiations
to be at an impasse.
The parties mutually elected to waive the special master
hearing and proceed directly to a hearing before the City
Commission. As such, the commission should proceed to schedule
d, time ~ the issues to be presented to them. The Conuniss1on
should also avoid any ex parte communications with either party
or their representatives.
t There are two contemplated provisions to be resolved, Article
11, "Wagestl and ArtIcle 20, Section I, "Workers Compensatlontl.
Due to the limited number of issues, the City management
believes that 20 minutes each should be sufficient time to make
a presentation on the issues.
I By copy of this memorandum to the City Clerk, I am requestin9
that the scheduling of the hearing date be placed on your
September 22, 1992 agenda.
I
JSK : s h
cc: David Harden, city Manager
I Alison MaCGregor Harty, City Clerk
, Wanda Stimpson, ausiness Agent, IBF&O
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[ITY OF DELHAY BEA[H
. CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
"
FACSIMILE 407/278.4755 Writer's Direct Line'
(407) 243-7092
MEMORANDUM
Date: September 18, 1992
~
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Verna Cook v. Cit of Delra
Attached hereto please find copies of a demand letter from Mr.
Cary E. Klein, Esq. and a letter concerning Officer Verna Cook
from Mr. Reginald Hill.
Mr. Klein, on behalf of his client, Ms. Cook, is asserting that
j t Mr. Hill's letter is libelous and that the Police Department
participated in its publication by posting it on a bulletin
board in the department~ He asserts his client was damaged and
:....c: is de~ing $100,000 from the City in exchange for a release
I from l.(i!-b.ili ty.
I
L Mr. Klein has requested that this matter be put before the
, Commission. Our office would recommend denial of the claim.
, rev i'ew this but do
We will continue tQ matter, not see
liability on the City's part, especlally when one considers the
widespread publication of the contents of the letter.
j
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I. . Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
cc: David Harden, City Manager
Chief Richard Overman, Delray Beach Police Department
verna.jsk
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i' ti~/lO/~Z lO:QO UQl:;l7 ZQ~ 7010 Vr;L"'AY Or;ACI1 PV ...... CITY ATTO~NEY EmOO~/OOO
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, KLEIN & KLEIN, P.A. RECEiVED
A~=:: :;-'" SEP 1 6 1992
I 1"1 Porum Place
; West Palm Beach, Florida 33401 CITY MANAGER'S OFFICE
TelephoM (407) 418-1566
Cary E. Klein Telecopier (407) 478-9931
.. · Al$o Admlaed It1
S~ln New Yorit q1 Oh1o
OP COUNSEL
Kyle M. Caparosa
Edward B. Johnson, Jr.
September 15, 1992
CERTIFIED HAIL
RETURN RECEIPT REqUESTED
Mr. David Harden
city Manager's Office
: 100 N.W. 1st Avenue
i Delray Beach, Fl 33444
I RE: Mrs~ Verna Cook's claim aqainst Delray Beach
!
J
.j Dear Mr. Hcn"Jen:
I
J This letter is writ~en pursuant to FlorJda statutes, Seotion
11 768--28 (6) (aJ to placo the city of DE:lray Beach on notice that this
J: firm inte~ to pt'a~:ent a claim against tho ci tyof Oelray Beach on
Ii benalf of~rn& Cook. The gravamen of this claim concerns ~ental
:li and reputat"1on irtJuries to Verna Cook as a result of the publishing
i 0: libelo\ls antj defamntory material concerning Verna Cook withir.
, the policE) depRrtmlJnt and disseminating said material for 0:.11
I oFficer~ and personr.al to view
On Septemher 10, 1992, a letter from Reginald Hill, dated
september 9, 19~2, \...as received by the cit.y Manager' s Orfi.~e. A
, copy o~ said l~~t~r w.as posted on th~ bull~tln board within the
squad room of the Llelray Beach Police Department by a 1!:ember of the
Oel~ay Beach Police Departmene. Sala iett~r was allvwe.d to r~main
posted for aU personnel to see. 'l'he lette.r \-las libelous,
: defamatory and untrue. Said letter accusos her of acting'like Rev.
I .:rim Jones, misappropri;&ting funds and behaving ir! Q "piracy-type
6:l~nnerll.
~he City of Delray Beach has, ~hr~ugh its employees, uamagcd
Verna Cook by di1l6nnninating sl.1ch liklelC"us and defam~tory
information.
uemand is herei.n :ll\.l.Ue against. th'3 city or Dalray Eeach for
$100tOOO.OO, as ~Q~pensation for lnjuri~sl b~th ~o Verna COQK'~
:cep'.rt~tion and i;:c h~:: n<::1hta:!.ly, coiJst:d by thli:! actions of these
employe~6 of the city ~!ho d.i.dsemmin"ted ~":.ch material and all.:I\\'Gd
such materia! t<.~ cont.Jnue t.o be dis::"letninatecl t.h;:-o\.\ghcm: thG
departl':\el1t.
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~8/10/8Z 10:'18 "D'"'1OT Z'1" TOI0 DCLItJ\T DCJ\Cn ~D ~~~ CJTT ATTOItNCT ~ 00'1.....000
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"8......1l:V8Z 10:0" "O'<1"T Z<1~ T010 DCL~AY DCACn f'D --- CITY ATTO~NEY ~ 005/005
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.' . PALM BEACH COUNTY GUARDIANS
. .
P. O. Box 2025
Delray Beach, FL 33447-2025
. (407) 687.Q609
"If you are not a part of the Solution,
then you are a part of the Problem!"
1992 . 1993 SepteDtbcr 9, 1992
OFFICERS
Editor
Reginald Hill Dekay Monday llmcs
President 601 Fairway Drive
Deerfield Bencb, FL 33441
Roel Ritfcld Dear Editor:
Vice President
This Jetter Is In resPonse to your cover .cory written Monday, August 31, 1992 entitled, "THE
TRAILS OF OFFICER coor. As Presidcnt of the Paint Bench Guardians, Inc., the members
Sbaron Traynham and myself have refralDecl fronl pubUcly denouncing and hunuUnting Mt"I. Verna Cook.
Treasurerl Howover, After reCldlDg your article, we Tho Palnl Bench County GuardIans, Inc. was left no
Finnncial Sccrcuuy choIce but to cxposctbe trutb regarding Mrs. Veron Cook.
.
The Paint Bench Guardian., InCo was {orllled to provide tbe ntinority law enforcement officers
J:lcJyn Mobley in tbe county the opportunIty to improve the welfare aDd conduct of its members aud
~ -R8(:()rdil1g SecretAry conwuafty. Mrs. Vema Cook was ono of the original menlbers of the Palm Bench ClulIly
-.....:... OUardIans, h1c. Although &he may credit herself with form.iJ1g the, group, tWs is one of I\1Qny
1
mistruths that Mn. Vema Cook haa wU1f\IUy shared with the general pubUc to gain some
Rnbert Dollsy c:recfjubDhy. Mrt. Vema Cook throughout hot membenhlp wtth tho Paint Bench Ouardlno., Ine.
Sgt.-nt4Arms has udlized het cl1arisnlatlc demoanor, which can bo coDtparod to tho lato "Rev. Jinl Jones,. to
uproot AJld 1l1Ialead ntel11bel1 in the OrganitDtioD, ntlsapproprlato funds nnd alnrnl the National
i '!':.:~ BlC1ek PoUc.e Association of menial matters, tbat sbe often fAbricntod involving the Palm Heath
I Julius Mitchell County Ounrdtans aad the Dolrny Bench PoU~ DepGrtment.
3.yr. Trustee Subsequently, on May 12, 1m tbe Palm BelICh County Guardlnns suspended Mrs. Verno Cook
(rom the orlaui%lltion due to her violllting the Articles of Incorporation l1ud placing irrel"lIrnl'le
Reno Wolls harm to tbe organization.
2~yr. Trustee Mrs. Vera Cook holds a loug standing relntionsbip ns well :IS membership with the National
Black PoUc;c AsSociation. Knowingly, when sltuMians do not go in her favor shes immediately
Ro~lcrick Payne roly upon Dlombers of tbo NI1t1oual Black Police Association to provIde her witb support.
(.yr. Trustee ActuaUy. Mra. Verna Cook wlll throw tbe Itone and hIde her hand, so to speak. nod allow lite
National Black PoUce Association tQ take over what she has see up .. specificnUy In the lInmc
of raclnl and 8t.Xu~1 dlscrlDlhsntlon.
00 May 7. 1992 The Paint Bench County Guardinn$ held an tllwounced general eleclioll of
octicer. in LAke Worth, Florida. Mrs. Veron Cook took it upon herself without npproprlnte
authoriZAtion to hold on I#lectioll in Delray Bench, Florida. Of course, she was elected
unonimously III President by II group of peoplo who lire not ~nd were not members of the f'nlm
Beach County Guardinns in good standings according to the By-Laws and Arlic1es of
Incorporatlon. Therefore, she is President, but President of whot? Because the afficin lly
authorized election wns held in Lnko Worth, Florido. nnd it is those elected orCidnls who lm~
Assoc. of Professional Black Law-enforcement Officers
.
. v ~~'V 10/5Z 10:01:1 "'D'''l~T Z"l;:) TOI0 Dr;L~Al nr;AC" PO ~~~ CITY ATTO~Nr;y ({1J ~I)C/I)I)e.
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,
. I , officially mcorpo1'4tcd with the Stnte or FlorIda.
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In nn effort to keep the Paint Beach County Guardinns. Inc. different from-Mrs. Verna ('..oak's
club. Tho Palm Beach CoUDtry GuardIans hllVo taken legalo.ction to keep Mrs. Veron Cook's
club and club nlenlbcsrs fronl holding themselves out to the public tiS The Palo) Beach County
GuardIans. Inc. ThIs h1cludes collection of dues froDI individuals under the auspices of the Pnllll
Beach Couaty GuardrllOS llnd using the letterhead Qnd logo of tbe Pnlm Bench County
GuardIans. lac:. Mrs. Veron Cook insist, bowever, to continue to tlc.hnve in a pirncy.type mnlll\er.
U Mrs. Verna Cook overcome her IlBaules" with the Delrny Bench Police Department, we offer
her DlUCI1 success. If not. we hopo her ex4tuple(s) will serve thnt it is llllpernlive lhnt we utilize
truthfulness aDd integrity in our everyday dealings nocI especially ill the field of lnw enforcement.
Fi.nnlly. We. The Pnln\ Bench County Guardians, Inc. will not aUow any officer especi:llly
"Minonty-OCficer" to be wroogfully accused Qnd dlscipUned. TIlls would include Mrs. Vernl)
Cook, however, we bnse our support nnd judgement on (:lets and evidence, not elJloliol\:l1
rhetoric:.
Respectfully Yours,
TIiB PALM BEACH COUNTY GUARDIANS, fNC.
~{I;e?
Reglno HllI. .~
President
ec: Palm Beach POlt
Suo- Sentinel
~
,
Assoc. of Professional Black Law-enforcement Officers
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 22. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
S. AGREEMENT WITH PALM BEACH COUNTY: Consider an agreement with
Palm Beach County for the development of a wellfield at Morikami
Park.
T. CITY ATTORNEY'S OFFICE BUDGET: Approve expenditure budget
and authorize the City Manager to identify a funding source t6
supplement the City Attorney's Office budget for Fiscal Year
1991/92 in order to cover outside counsel and other professional
services expenses.
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[ITY OF DEI;RR~ BEA[H
CITY ATTORNEY'S OFFICE :'"" ~;\', hI X,!:> E . LdOLRAY BEACH, FLORIDA 33444
F;\I..'~l\lILE ,~ i-:' . -:--'--!7'~,5 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: September 22, 1992 ~
To: City Commission t
From: Jeffrey S. Kurtz, City Attorney
Subject: Morikami Wellfield Aqreement
Our office, in conjunction with Jim Vance, has successfully
negotiated a change in the indemnification language with the
County staff with respect to the Morikami Wellfield. A revised
paragraph 4 now states that we will release the County from any
damages that they may cause us as a result of thej,r pollution
of our wellfields, however, we will not have to indemnify and
hold them harmless against other potential claimants, including
the State of Florida and the federal government.
There has been extensive testing to insure the quality of the
water is acceptable. The indemnification language in Paragraph
3 indicates that we will have full responsibility and liability
for pollution occurring as a result of our water extraction
activities. We would recommend that this matter now be placed
on the Commission's agenda for approval.
JSK:sh
Attachment
cc: David Harden, City Manager
William Greenwood, Director of Environmental Services
morikam.jsk
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9<;
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,F r'ofll :: I)ance :~, De,ne 'j F'HiJtlE tlo. : 4C1i 6::::4 0:333
'3ep.14 1'j'32 1: 34F'1'1 P02
..
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I N'rERI ,OC1\L 1\GREErIJEN'l'
BETWl~';;N PALM UJ~ACn (~OUN'l;~ l}~
I~TTY OF nm.MY OEhGH, 1,'r.OR)J~
..... ... 1 ..
TH1S AG 1\13 F. r18 WI' I?nt.crr;>n i nt,o this day or
. - -
19 betvH:i;<n t 11 (' COUNTY OF P fl. 1.,11 13E^~ll , a
. , -'
p u 1 i t i (.~ t1 J :::;'1.1hn i \) if.? i ()n ()f the f3 uJt'. e {.\ r Ploriri,Q, !l8rp!nafter
re[e1'tc-,a to a [. C(}UNTY, an~ 1".11,.".:: Cl'l''i OF DEr,Rl\ Y B G^CfI t Fl..ORT DA,
a F 1'_' 1: i n."1 ffi\.Hllcipfll (:(.H pc; rat i un , herc:in<,ft.er r~fcrrcd to DS
Cl 'J'Y.
The fl tJ L Ii 0 r i t Y for t-.h i::; l\greement, is Chapter 163,
t' lot' i. rl jj Cl~\~.t~, l)(~ i l"lg i-l joint t:!xercise of (J()")~ r p l1 r c::: \J ant to
in ( weU
luw a contract or form of an Int'=!r lc'c~ 1 Agr0r;ompnt, <\s
as other applicable provisions of law.
W I '1' N E S S E T H:
WHERE1\S, COUNTY owns .;md operates a 1<1rge regional
park ([lor i kami Park) lying to the west of CITY; and
WHERE^S, C T 1'Y has deterlllined, pursuant to
engineering studies, that CITY should acquire a western
wellfield for eventual development to provide potable wat.er
[or the arOdS served by CITY; and
WnER1:~l\S , the joint u sc, of fdcilities by t'dO (2 )
go v e r I1Inc n t: i) 1 entit.ies typically providE's benefits for both
parties provided the proposed use is compotible; and
WlJJ~REAS I CT'rY in cooperation with COLH1'l'Y and SOLI t J)
'r -,
"
P-r-ODfI1 ; .1,).3.nce: & Dc,ne:':.i FH)flE lb. : 4C17 E,:;::4 0:::::33 '::,e.p.14 1'3'32
1: 34FT1 FCC
~
-" -
flor ll.l,:< Vv~tc:r I,jn 11 "II] >"!me Ii t Di5tr j (:t Cln0 L ~\ k ~ worth Drainage
District, P P I' for III (~ c1 e x j'. e Ii b i v f': 81'19; neer i nf) ilnd
has
hyc1r.,lo':liQ.;\ I tl?stinq to 11 ~ t e r In i new h e 1I-..=> r or not the loca ti on
of WI.' 11 fie 1<.1 in r'l (J r i t~ C' m i pC\. r~: would be COlli ~ Gl Li b 1 p. vd. th th~
a
<:xistinl) r.OUNTY use/ and
WaEREAH, the rp'<;lJll~. of thl? Gn'Jin~ering and
hyd 1'(101) j c.'J 1 te:?tiliq conclllCl€"11 hy (:11'''..: ho.vc hRAn provjdec] to
COllN'l",{ , &lnd illL11C("lt,IHI L\);'lt joint 1,1 HP. as a parK rind wplJfield
11)1,:(1 I. i nl"\ 1s CClllql.':l t i ble I prnviain9 th."lt. certain mitigating
llct.ions .~n~ porformen hy C J'l'Y ~ anu
Wtf ":RE?\.~ , CITY wi 1 1 i-' r (I v i <'l e S Ll C' h mi t:ig;;d;ion as is
morp. Apccif;cally outlinf-:d in the: body of thic Agreemr;>nt, and
will, in addition, assist monetarily in the devel~pment of
t10rikami Park.
NOV1, TllEREPORE, TN CONSIDEH.A.TI0N Of TIlE COVENM1'J'S
HEREIN CONT^IN~D, THE P^R'fJES AGREE AS FOLLOWS:
l. COUNTY agrees to provide CITY with a ninely-
nine (99 ) year lease to operate <lnd majntain up to twelve
(12 ) wells vlithin the boundaries of 1'1orikami Park along with
easements for connecting wcl.lwater mains and other
nppurtenances as more particularly descrjbed in Exhibit 1
att.ached hereby <lnd by [oferenc<" made D part hereof. In
addition, COUNTY agrees to pt:ovicle CITY ...., it h a h1anket
ingress/egress easement necessary Eo r the operation and
maintenance of the wellfield. CITY, in the cours(! of normal
operation ond n1uinteoCll1cc of the vJ e 11 fie 1 d , () <] U? e 5 to limit
-~ -,
'-
'.
'Fn~m : U~'ce & Done~ F'HCitlE tID. : 407 6::::4 0::::33 Sep. 14 1'392 1 : 35Pf'1
F'04
~
tr_) the w Ii: 1 , r 1 e It:.l t,o suitable routes so oesignated - -
lLEi a r: r) r: f'. 6
no!': 11 (11\ r~ c e s 3 ~\ r i 1 Y d1r'orupt ()poratinn ot
lJy CoUtJ1'Y in order tel
COl1N'rY 1 G facility.
2. CITY 8\jiCCC i.h.:\t all wRlll'lE'i'lOS con B t ~ LlC t.~d in
t., 0 [ 1 k .). m i I.'i..\rk will be spr;,c: i t il.~i'l11y locat~d (l~ shown in
t\ll."l!";hed Exllibit 1 and vd 11 be c()ncealed by necorative
structull'l~ C \.1 11 j (~ c t to J. r I'.~ hi\. c: c t 1,1 r n 1 klpprov;ll by COl.lN'I'Y.
UPOll TTllltual ;'l9 1: (: e m ~ II t hy t \") (~ ptlrtics, thi? wellsitcs or
(~.'i S em en t Ij oj l"~ 8\.lbjc:ct I. () reJocl:lLiol'\ nt:. ~ny timp prior to
construct ion of i nd i v j d \l j') 1 . wry' 11 r:. Cl'ry .)grees to lnndscape
ill ] we 111i pan Gites and l(l I" Po V eye l. i) t c- all c~Gern~nt.s S\.lbr;equent:
tu (; \-) Ii S t r 1.\ C t. ion of wells <-111(1 pipe11n~s within C-aSE'tnAnt areas.
,-(
3 . C l'l'':!. it SJ l." C c: s to miJinto!\in the Wi'! 1-. e 1:" J€'v~l of
I
exif;tit1<j and Pl-oposcd scenic Ia k e s in Horikami ParI< nt their
existing d<:sign level by interconnection with the Lake \'Jorlh
Drainage District Canal E-2 )/2 and/or pumping system as
required; provided, however, that COUN'l'Y will interconnect
additional f3cenic lakes at the time nf their construction. In
the event of a long term reduction in the water level of Lake
I-Jor th Drainage District Canal E-2 1/2 below 12.5 feet above
sea level, the parties will mutually cooperate in a program
to maintain esthetic water levels of said c1ecoratlve lake.
COUIJTY grants CITY rea~;oni:l.ble access and locations to
install, operate unc1 maintain monitoring "'Jells at ouch
locations as are reasonably de(~mecl necessary by CITY and any
other 'Jovernmental agencies havi.ng jurisdiction with respect
to such matter j n relation to monitoring the groundwater
18vels and levels of,::;aid scenic l()k~n. _. Such man i tor ing
-, -.- -.,.-
3
'.
, Fr'.:.m.: I,),;:"nce: :~, Done:'~j F'HIJtJE 110. : 4D7 6::::4 (]::::33 '::,ep.14 1'3'32 1: 35F'I'1 F'05
- ~
!"IOt to be.: pl[}c:ed i 1'\ any location which '.-IOU ld
Su\t,jons ar~
u n 1 r~ o~ F: 0 n L1 b 1 Y illt~rfere with the u;;>c .?Inn enjoyrnpnl-. of t \w park
the ::itP.A "as is, " ana
1; 03 C i 1 i L Y . CITY a<JL~~g to iJ CGCpt
furt))('r agrees to 1HIld COUNTY harml~a9 with respect t,Q any
ha7.ardous IllGlteL'ial or any at; tj, vi t Y which could have proc1uccd
hazardolJ5 1lIi;t tE: L' ~ a is () r: toxic effect::;; upon human flora or
fDunCl j n c.;onnect.;1on with Lhe extraction of Vlc:>11wat<?r f ,. () m the
site by CITY.
4. CITY hereby ):'eleQsco COUN'l'Y from any rlnn all
[ lll, !,;n e liobility, 1000 and damages CITY m;) '1 >:;uffer as a
result of <;la Iff18, demande, costs or judgments i'lgl:linst CITY or
COUNTY for any subsurface groundwater contaminZltion resulting
from the normal use or Horikami Park as .:1 re<;reational
facility.
5. CITY shall contribute the sum of three hundred
fifty lhollsand dollars ($350,0IHL~(q towZlrds the ongoing
development of Horikami Park within sixty (60) days from the
date of tho issuance of a water Ub~ pt:L I\li t [or: the abc,ve-
described water wells by the South Plorida Water r,1nl1ng efilen t
District.
6. This Agreement shclll be e}::eclltec1 in two (2 )
copies, each of v~h ich shall be deemed an original ana shall
be effective upon execution by both parties. 'rhe parties
shull provido a copy of the Resolution or evidence of other .
actions authorizing the e}Cecution of this ^greement, which
Resolution or other document shall be att.ached hereto a'"
Exhibits and made a part hereof.
,- , ---..... -- --
4
,.
F'-,- .. ;}- "
1 urn . ., .~.n ce 6.: DDne 1:.~ F'HC)tJE He.. : 407 6:34 0:::::33
,~ '3ep. 14 1'3':32 1 : 3EPr'l F'IJ6
IN W l'l'N F. S :; WH l':REOP' , the p.:Jrties hrneto have made -, -
and cXl:'clltcd I.hiG ~gr:C'emp.llt on th I,~ day Clnn Y0tH first a to v 0
Iflritten.
BOARD OF COUN'I"i cormISSTONlmS
OF PALr1 D'f.ACli COUNTY, {rLOR T O^
(Seal)
I\tt('!~t: C le r k ~ ny:u Chair . ,
Date:
~ .L.......
CITY OF DELRl\Y J3E^CIJ, PLORIDA
(Seal)
^ttc~t I Cil.y cl~rk ........ By: ~ . r.I"Y~Y"
Date:
J.... ...., -
I
,
, '
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 22. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
S. AGREEMENT WITH PALM BEACH COUNTY: Consider an agreement with
Palm Beach County for the development of a wellfield at Morikami
Park.
T. CITY ATTORNEY'S OFFICE BUDGET: Approve expenditure budget
and authorize the City Manager to identify a funding source td
supplement the City Attorney's Office budget for Fiscal YeaJr
1991/92 in order to cover outside counsel and other professional
services expenses.
~
c;lo/
C(k;/),cEw 0 cLsSEI?~
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: September 22, 1992 11
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: City Attorney's Office Budqet for 1991-92
The City Attorney's Office budget for 1991-92 is in need of
supplementation to cover outside counsel and other professional
services expenses. The principle reason for the short-fall was
the heavy involvement of Carson, Linn & Adkins in the negotia-
tions of our present union contracts, the cost of special
master hearings, and labor arbitration costs throughout the
year.
During our budget discussions of last year, I indicated the
need to~dget an additional $65,000--$75,000 to cover the cost
of Carson & Linn if they were to be lead negotiators, at the
bargaining table with our four unions. The actual budgetary
adjustment needed is an additional $67,000.00.
The attorney's fees and expenses incurred by the City in
negotiating the contracts from October of 1991 through ratifi-
cation of the contracts was approximately $90,000. In
addition, the City incurred costs for two special_ masters of
approximately $4,500. These monies are to be paid from our
office's budget. As the Commission is aware, the ratification
of the contracts last year has resulted in a reduction in the
issues for 1992-93, as the I.A.F.F. (representing firefighters)
and I.B.F.& O. (representing blue collar work force) agreed to
two-year contracts with reopeners that are presently the
subject of bargaining on four and two issues respectively.
Likewise, with the F.O.P., the major issues of discipline and
management rights were resolved in last year's contract and the
parties have tentatively agreed to their continuation through
next year. This year's negotiations are presently being
conducted with myself as lead negotiator for the I.B.F.& O. and
F.O.P. contracts while the City and the I.A.F.F. are engaging
in interest bargaining.
cr,
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City Commission
September 22, 1992
Page 2
As to potential funding sources for these expenses, I have
already depleted other line items within our office's budget,
including substantial transfers to cover these expenses and
would suggest that the primary source be the undesignated
reserve fund. The City's lawsuit against Solo Construction and
U.S.F. & G. for improper installation of valves on a water line
could be funded out of a water and sewer account rather than
the general fund. The cost of that litigation for the year
have been approximately $9,000. Likewise, our budget funded the
Lakeview Golf Course appraisal in the amount of $3,500 and
those monies might more appropriately come from the Golf Course
account.
It would be appreciated if this matter be added to the agenda
so that outstanding bills might be paid prior to the end of the
fiscal year.
Thank you for your attention to this matter.
JSK:sh
cc: David Harden, City Manager
Robert Barcinski, Assistant City Manager
Jo~h Safford, Finance Director
William Greenwood, Director of Environmental Services
cabudget.jBk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM /I /0 A - MEETING OF SEPTEMBER 22, 1992
RESOLUTION NO. 106-92
DATE: SEPTEMBER 18, 1992
This is a resolution to levy a tax on all properties within the
City of Delray Beach for maintenance and operation, to levy a tax
for the payment of principal and interest on bonded indebtedness,
and to appropriate said collections thereunder.
Recommend approval of Resolution No. 106-92.
f~ 5-0
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RESOLUTION NO. 106-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED
INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That there shall be and hereby is appropriated
for the General Fund operations of the City revenue derived from the
tax of $6.2000 per one thousand dollars ($1,000.00) of assessed
valuation which is hereby levied on all taxable property within the
City of Delray Beach for the fiscal year commencing October 1, 1992.
and terminating September 30, 1993, the assessed valuation on all
taxable property for operating purposes within the City of Delray
Beach being $2,506,918,853 for operating and for maintenance expenses
of the General Fund, and also in addition, all revenues derived by
said City during said fiscal year from all other sources other than
the tax levy for current bond service and that part of collection of
delinquent taxes levied for bond service. The operating millage rate
of $6.2000 per one thousand dollars ($1,000.00) is less than roll back
rate of $6.3590 per one thousand dollars ($1,000.00) by $0.1590 per
one thousand dollars ($1,000.00) which is 2.5000% less than the rolled
back rate.
Section 2. That the amount of money necessary to be raised
for interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of the City of Delray Beach is
$2,250,295 and that there is hereby appropriated for the payment
thereof, all revenues derived from the tax levy of $0.9500 per one
thousand dollars ($1,000.00) of assessed valuation, which is hereby
levied for that purpose for the fiscal year commencing October 1,
1992, and terminating September 30, 1993, upon the taxable property of
the City of Delray Beach, the assessed valuation being $2,506,918,853.
Section 3. That the above millage rates are adopted subject
to adjustment in accordance with Section 200.065(5) of the Florida
Statutes which provides that each affected taxing authority may adjust
its adopted millage rate if the taxable value within the jurisdiction
of the taxing authority as certified pursuant to Section 200.065(1) is
at variance by more than one percent (1%) with the taxable value shown
on the roll to be extended.
Section 4. That a public hearing was held on the proposed
budget on September 8, 1992, and September 22, 1992.
PASSED AND ADOPTED in regular session on this the 22nd day
of September, 1992.
MAYOR
ATTEST:
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: \l~CITY MANAGER
SUBJECT: AGENDA ITEM 11/0 B - MEETING OF SEPTEMBER 22, 1992
RESOLUTION NO. 107-92
DATE: SEPTEMBER 18, 1992
This is a resolution to levy a tax on all properties within the
Downtown Development Authority Taxing District of the City of
Delray Beach for maintenance and operation, and to appropriate
said collections thereunder.
Recommend approval of Resolution No. 107-92.
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RESOLUTION NO. 107-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY
TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE
SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated
for the General Fund operations of the City revenue derived from the
tax of $1. 0000 per one thousand dollars ($1,000.00) of assessed
valuation which is hereby levied on all taxable property within the
Downtown Development Authority Taxing District of the City of Delray
Beach for the fiscal year commencing October 1, 1992, and terminating
September 30, 1993. the assessed valuation on all taxable property for
operating purposes within the Downtown Development Authority Taxing
District of the City of Delray Beach being $30,616,709 for operating
and for maintenance expenses of the General Fund, and also in .
addition, all revenues derived by said City during said fiscal year
from all other sources other than the tax levy for current bond
service and that part of collection of delinquent taxes levied for
bond service. The operating millage rate of $1.0000 per one thousand
dollars ($1,000.00) does exceed roll back rate of $0.9130 per one
thousand dollars ($1 ,000.00) by $0.0870 per one thousand dollars
($1,000.00) which is 9.5290% of the rolled back rate.
Section 2. That the above millage rate is adopted pursuant
to Florida Statutes Section 200.065(2)(e)(2), and subject to
adjustment in accordance with Section 200.065(5) of the Florida
Statutes which provides that each affected taxing authority may adjust
its adopted millage rate if the taxable value within the jurisdiction
of the taxing authority as certified pursuant to Section 200.065(1) is
at variance by more than one percent (1%) with the taxable value shown
on the roll to be extended.
Section 3. That a public hearing was held on the proposed
budget on September 8, 1992, and September 22, 1992.
PASSED AND ADOPTED in regular session on this the 22nd day
of September, 1992.
MAY 0 R
ATTEST:
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERb7v1
SUBJECT: AGENDA ITEM i /0 C - MEETING OF SEPTEMBER 22. 1992
-
RESOLUTION NO. 108-92
DATE: September 18, 1992
This is a resolution making appropriations of sums of money for all
necessary expenditures of the City of Delray beach for the period from
October 1 , 1992 through September 30, 1993; to prescribe the terms,
conditions and provisions with respect to the items of appropriations
and their payment; and to repeal all resolutions and ordinances wholly
in conflict with this resolution and all resolutions and ordinances
inconsistent with this resolution to the extent of such inconsistency.
Recommend approval of Resolution No. 108-92.
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RESOLUTION NO. 108-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA. MAKING APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY
OF DELRAY BEACH. FLORIDA. FOR THE PERIOD FROM THE 1ST
DAY OF OCTOBER. 1992. TO THE 30TH DAY OF SEPTEMBER.
L993; TO PRESCRIBE THE TERMS. CONDITIONS A..'lD
PROVISIONS WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH
THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES
INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF
SUCH INCONSISTENCY.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached
hereto and marked Exhibit "A", be, and the same are hereby
appropriated upon the terms. conditions and provisions hereinabove and
hereinafter set forth.
Section 2. That all monies hereinbefore appropriated are
appropriated upon the terms, conditions and provisions hereinbefore
and hereinafter set forth.
Section 3. That subject to the qualifications contained in
this resolution, all appropriations made out of the General Fund are
declared to be maximum. conditional and proportionate appropriations.
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October. 1992. and terminating the
30th day of September. 1993. for which the appropriations are made.
are sufficient to pay all the appropriations in full; otherwise, the
said appropriations shall be deemed to be payable in such proport ion
as the total sum of realized revenue of the General Fund is to the
total amount of revenues estimated by the City Commission to be
available in the period commencing the 1st day of October. 1992 , and
terminating the 30th day of September. 1993.
Section 4. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September. L992. except as otherwise
provided for. are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be
,I made in any appropriation for the fiscal year commencing the 1st day
I
:1 of October. 1992. provided. however. nothing in this section shall be
Ii construed to be applicable to unencumbered balances remaining to the
I credit of the Water and Sewer Fund. Sanitation Fund or any fund
I created by the setting up of special revenue. but such balances shall
be used in financing the proposed expenditures of these funds for the
I fiscal year commencing the 1st day of October. 1992.
II Section S. That no department. bureau. agency or individual
receiving appropriations under the provisions of this resolution shall
II exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such
department. bureau. agency or individual shall exceed the amount of
I its appropriation without such consent and approval of the City
I Commission. the administrative officer or individual. in the
I discretion of the City Commission. may be deemed guilty of neglect of
I official duty and may be subject to removal thereof.
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Exhibit "A"
BUDGET SUMMARY
CITY OF DELRA Y BEACH - FISCAL YEAR 1992-93
SPeCIAL
GENERAL EXPENDABLE ENTERPRISE REVENUE
FUND TRUST FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 74,635 47.420 1.449,565 185,270 1.756.890
ESTIMATED REVENUES:
TAXES: Millages
Ad Valorem Taxes 6.20 14,794,846 14.794.846
Ad Valorem Taxes 0.95 2,262,494 2.262.494
Ad Valorem. DDA 1.00 29,090 29.090
Ad Valorem - Delinquent Pen. & Int. 190.000 190.000
Sales and Use Taxes 929,910 929,910
Franchise Taxes 2,624.100 2,624,100
Utility Taxes 4,110,000 4,110.000
Licenses and Permits 1,394,710 1.394710
i ntergovemmental Revenue 4,117,900 77,000 1.161,500 5,356,400
Charges For Services 814,205 21,429,180 22,243.385
Fines and Forfeitures 397.700 135,000 532,7CO
Miscellaneous Revenues 2.014,160 600 419,805 21.500 2.456.065
Other Financing Sources 2.320,040 50.000 625,000 2.995.040
Total Revenues and
Other Financing Sources 35,970,065 29,690 21,975.985 1,943,000 59,918.740
~ Estimated Revenues
......J Balances $36.044,700 $77,110 $23,425,550 $2.128,270 $61.675630
EXPENDITURES/EXPENSES:
General Government Services 4.788,620 4.786,620
Public Safety 19.e.e.505 215,840 19,862,345
Physical Environment 307,365 13,207,860 1,306,0.5 14,821.270
T ra nsportation 1.189.065 1.189.065
Economic Environment 489.070 469.070
Human Services 103.040 103.040
Culture & Recreation 4,543.090 1,587,885 297,580 6,408.535
Debt Service 2,495.315 4,519,625 7,014.940
Downtown Development Authority 54,673 54.673
Other Financing Uses 2.504,630 3,407.630 300.350 6.212.610
Total Expenditures/Expenses 36,044.700 22,702,980 2,119,815 60,922.168
Reserves 0 22.437 722.570 8,455 753.462
Total Appropriated Expenditures
and Reserves 538.044,700 $77,110 $23.425,550 $2,128.270 $81,675.630
'THE TENTATIVE, ADOPTED, AND/OR FINAL BUDGETS ARE ON FILE IN THE OFFICE OF THE ABOVE MENTIONED
TAXING AUTHORITY AS A PUBLIC RECORD.
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-3- Res. No. 108-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flv1
SUBJECT: AGENDA ITEM # I 0 :]) - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 32-92
DATE: September 18, 1992
This is the second reading of an ordinance amending Chapter 52 of the
Code of Ordinances to provide for a decrease in the customer and
capacity charges, for both residential and nonresidential customers,
both inside and outside the City, and to increase the commodity
charges per 1,000 gallons of water consumptionj and amending
Subsection 2.4.3 (K) (5) (a) of the Land Development Regulations to
provide for the correct code reference.
Recommend approval of Ordinance No. 32-92 on second and final reading.
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ORDINANCE NO. 32-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 52, "WATER", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SUBHEADING "RATES, CHARGES, AND FEES",
SECTION 52.34, "WATER RATES", SUBSECTION (B),
"MONTHLY RATES", TO PROVIDE FOR A DECREASE IN THE
CUSTOMER AND CAPACITY CHARGES, FOR BOTH
RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH
INSIDE AND OUTSIDE THE CITY, AND TO INCREASE THE
COMMODITY CHARGE PER 1,000 GALLONS OF WATER
CONSUMPTION; BY AMENDING SECTION 2.4.3(K) (5),
"USER FEES", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SUBSECTION 2.4.3(K) (5) (a) IN ITS ENTIRETY, AND
ENACTING A NEW SUBSECTION 2.4.3(K) (5) (a) TO
PROVIDE FOR THE CORRECT CODE REFERENCE; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.34,
"Water Rates", Subsection (B), "Monthly Rates", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(B) Monthly rates. The monthly rates (except for fire
hydrants as set forth in Sec. 52.03) for water furnished by the
water facilities or plant of the city to customers within and
outside the corporate limits of the city, which unless otherwise
indicated shall include the appropriate customer charges,
capacity charges, and commodity charges for all customers, are
fixed as shown in the following schedule:
Inside Outside
Type of Customer City City
Residential
Customer charge
(per meter) 'lli11 $ 1.55 '1ltitl $ 1.93
Capacity charge
(charged to all
customers, per
residential
dwelling unit) Sil. 7.62 l~ilS 9.53
Commodity charge
(per 1,000 gallons) i~6 1.09 lil~ 1.36
Nonresidential and Vegetation
Customer charge
(per meter) 'lli11 $ 1.55 '1ltitl $ 1.93
Capacity charge
(based upon
meter size):
'.
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3/4-inch meter 8/1.3 7.62 10/H 9.53
I-inch meter 1.3/U 12.73 H/U 15.91
1-1/2-inch meter 'J7/.U 25.38 33/.86 31.73
2-inch meter H/.H '4"0"":63 U/.U 50.78
3-inch meter ,./U 88.95 lUlU 111.19
4-inch meter 110/U 160.07 ZUlU 200.08
6-inch meter n~if,. 355.73 .H/U 444.66
Commodity charge
(per 1,000 gallons) IU 1. 09 lIU 1. 36
NOTE: Whenever both residential and nonresidential users are on the
same meter, the capacity charge is to be computed as if each
nonresidential user on the meter was a residential dwelling unit, or
all the users shall be charged based on the nonresidential capacity
charge rate, whichever is the greater.
Section 2. That Section 2.4.3(K)(5), "User Fees",
Subsection (a) , "Water System User Fees", of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Subsection (a) , "Water System
User Fees", is hereby enacted to read as follows:
l& Water System User Fees: See Chapter 52 of the
Code of Ordinances of the City of Delray Beach,
Florida.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validi ty of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading, and
that the rates shall become effective with the water bills
prepared after October 1, 1992.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 32-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER C10
SUBJECT: AGENDA ITEM i / 0 ~ - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 33-92
DATE: September 18, 1992
This is the second reading of an ordinance amending Chapter 54 of the
Code of Ordinances to provide for an increase in the capacity and
commodity charges, for both residential and nonresidential/commercial
sewer customers, both inside and outside the City, and to decrease
said residential and nonresidential/commercial sewer customer charge;
and amending Section 2.4.3 (K) (5) (c) of the Land Development
Regulations to provide for the correct Code reference.
Recommend approval of Ordinance No. 33-92 on second and final reading.
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ORDINANCE NO. 33-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND
CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32,
"SERVICE RATES AND CHARGES" , SUBSECTION (B) , TO
PROVIDE FOR AN INCREASE IN THE CAPACITY AND
COMMODITY CHARGES, FOR BOTH RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL CUSTOMERS, BOTH INSIDE AND
OUTSIDE THE CITY, AND TO DECREASE SAID RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL CUSTOMER CHARGE; BY
AMENDING SECTION 2.4.3(K) (5) ,"USER FEES", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DEL RAY
BEACH, FLORIDA, BY REPEALING SUBSECTION
2.4.3(K) (5) (c) IN ITS ENTIRETY, AND ENACTING A NEW
SUBSECTION 2.4.3(K) (5) (c) TO PROVIDE FOR THE CORRECT
CODE REFERENCE; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges" , Section 54.32, "Service
Rates and Charges", Subsection (B), of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended to read as
follows:
(B) The following rates and charges shall be collected
from the users of the city sewerage system:
( 1) Residential dwelling units. A monthly sanitary
sewerage service charge is imposed upon each residential dwelling
unit, as more specifically set forth hereinafter, to which sanitary
sewerage service is available through the facilities afforded by
the municipally-owned sewerage system, according to the following
schedule:
Residential Inside City Outside City
(a) Capacity charge
(per residential
dwelling unit) UiZ0 $ 9.27 1%2/38 $11.58
(b) Commodity charge
(based on metered water
with maximum of 12,000
gallons):
City (per 1,000
gallons) J82 1. 08 2J01 1. 35
(c) Customer charge 2118 1.55 2i23 1. 93
(d) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) .71 .88
Note: Where no water service is provided, there
shall be a monthly customer charge of $5.00 per residential
dwelling unit, and the commodity charge shall be based on the
maximum of 12,000 gallons.
.
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---- ._,,------ ~----~-_.._----~ -- ---.
(2) Nonresidential/commercial units. A monthly
sanitary sewer service charge is imposed upon each commercial and
nonresidential unit to which sanitary sewage service is available
through the facilities afforded by the municipally-owned sewerage
system, according to the following schedule:
Nonresidential/Commercial Inside City Outside City
(a) Capacity charge
(per meter):
3/4-inch meter $//~/10 $ 9.27 $/11/28 $ 11.58
I-inch meter 1$/19 15.48 18/t9 19.35
1-1/2 inch meter 20/30 30.86 31/88 38.58
2-inch meter 48/" 49.40 S01S1 61.74
3-inch meter 10S117 108.15 132/11 135.19
4-inch meter 1,1/0S 194.61 238183 243.27
6-inch meter .2./S0 432.51 $3011$ 540.63
(b) Commodity charge:
City (per 1,000
gallons) IS1 1.08 1101 1.35
(c) Customer charge: 1/1S 1.55 2123 ~
(d) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons).71 .88
Note: For those nonresidential/commercial units where
water service is not available, the capacity and commodity charges
shall be determined by unit classification standards for water
usage.
(3) When effective. The initial rates for charges
shall be effective the first day of the month following the date
when the system is constructed, certified for use by the
consulting engineer, and accepted by the city.
Section 2. That Section 2.4.3(KI (5), "User Fees",
Subsection (c), "Sewer System User Fees", of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Subsection (c), "Sewer System
User Fees", is hereby enacted to read as follows:
lEl Sewer System User Fees: See Chapter 54 of the Code
of Ordinances of the City of Delray Beach, Florida.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be
invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading, and that
the rates shall become effective with the water bills prepared
after October 1, 1992.
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
. - 2 - Ord. No. 33-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f!V1
I
SUBJECT: AGENDA ITEM it /0 F - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 43-92
DATE: September 18, 1992
This is the second reading of an ordinance amending Chapter 51 of the
Code of Ordinances to provide for increased garage and trash service
charges and fees for residential service and commercial service; to
provide for an increase in the fee for residential customers for
recycling service; and to provide for fees for separate vegetation
collection service.
Recommend approval of Ordinance No. 43-92 on second and final reading.
faood- Lfta!
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(:IY DF DELAAY BEA[H
100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: Joseph Safford, DireCtor of Finance
FROM: Jan Williams, Utility Billing Manager
DATE: August 20, 1992
SUBJECT: PROPOSED COMMERCIAL AND RESIDENTIAL GARBAGE RATES
I am recommending that the City Commission approve increasing the
service fees for garbage and trash pursuant to the following:
1) 'The Solid Waste Authority will continue to assess
commercial parcels on a split basis. The tipping
fee will increase from $37.00 to $43.00 per ton
for commercial customers. The full cost for dis-
posal will be $77.69 per ton. Residential customers
will continue to be fully assessed for disposal but
at a lower rate.
2) The contract with Waste Management provides for an
increase in the collection portion of billings based
on the change in the Consumer Price Index for the
previous year. This year's CPI increase is 2.7%.
3) Funding for the continuous bulk trash pick-up program
has been proportionally adjusted to incorporate the
above.
4) The residential, curb-side recycling charge will be
increased to $2.04 per unit. This rate is a component
of the residential garbage rate.
5) Waste Management bills for commercial and multi-family
recycling customers. These rates have been adjusted by
the CPI index.
6) A separate vegetative collection route has been added
effective October 1, 1992, for all residential curbside
customers. The unit rate is $.85 per month and is included
in the residential garbage rate. State law requires that
vegetative waste not be co-mingled with garbage and trash.
A copy of the ordinance with the new rates indicated is attached and
should be forwarded to the City Clerk's office for placement on the
Agenda. Back-up schedules are also attached for your review.
THE EFFORT ALWAYS MATTERS
.
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'I ORDINANCE NO. 43-92
II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
II DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF
I ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
I AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE;
I TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE
CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR
I AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR
! RECYCLING SERVICE; TO PROVIDE FOR FEES FOR SEPARATE
I VEGETATION COLLECTION SERVICE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, "Garbage
and Trash", "Rates and Charges", Section 51.70, "Regular Charges Levied",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Sec. 51. 70 REGULAR CHARGES LEVIED
The following service charges or fees are levied for garbage and
trash service:
(A) Charged for the below-described garbage and trash pick-up
service shall be as follows and shall commence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
51-72:
(1) For those customer receiving Type A, roll-out cart
service, the service charge shall be .12173 $13.97 per
month for garbage and trash pickup. However, the levy
for "Tropic Palms and PallllS of Delray" (known as Type
F) shall be U0/01 $11.17 per month for garbage and
trash pickup.
(2) For those customers receiving Type B, rear-door/side-
door service, the service charge shall be .10/7. $11.93
per month for garbage and trash pickup. However, the
levy for the area bordered by N.W. 22nd Street on the
north, Old Dixie Highway on the east, Lake Ida Road on
the south and N.E. 2nd Avenue on the west (known as
Type G) shall be .13/.7 $14.73 per month for garbage
and trash pickup.
(3) For those customers receiving Type C, curbside, garbage
and household trash in disposable containers service,
the service charge shall be "/'J $5.47 per month for
garbage and trash pickup.
(4) For those customers receiving Type D, curbside in
owner's container (or for those customers who, by
reason of disability, as certified by a doctor and
previously approved by the city, are unable to place
refuse containers on the street, and whose collection
by the city or its contractor is thus pursuant to the
Type B, rear-door/side-door service), the service
charge shall be .'/Sl $9.70 per month for garbage and
.
ORD. NO. 43-92
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I) trash pickup. And the levy for the area bordered by
il S.W. 10th Street on the north, Federal Highway on the
east, Linton Boulevard on the south and 1-95 on the
II west (known as Type H) shall be '11iJ0 $12.51 per month
:1 for garbage and trash pickup.
NOTES: (a) Residential customers shall be assessed a
II l1if9 $2:04 per unit charge for recycling service
(included in rates set forth above). tv.._II.ff.tiLt.
I ..t_It.tltf;_II~/.i.ltf;_II~/t.t../~tllll~.IJ.i..tfllli
I 19f1i (b) Residential customers shall be assessed
I a
$.85 per unit charge for separate vegetation collection
I services for all curbside residential dwelling units.
(included in rates set forth above). The effective
I date for this service is October 1, 1992.
I (8) Mechanical containers and cOlllll1ercial refuse container
service.
(1) For customers receiving Type E, mechanical containers
and cOlllll1ercial refuse container service, the service
charge shall be based upon the following for such
garbage and trash services:
II COlllll1ercial
Residential Monthly
I Monthly Container
I Container Container Charge
Size Charge (Collection
(Square Pickups ( Collection and Disposal
I Yard) Per Week Charge OolYl Char gel
2 1 '/JI $ 31 I/U $ 50
I 3 1 U ---u- 66 ---rr
I 4 1 J0 51 u 90
I 6 1 70 TI H0 130
8 1 If 88 lU T6'6
2 2 Sf 60 9Z 99
3 2 81 83 HZ 142
4 2 100 103 1.. ill
6 2 Hf 142 U0 260
8 2 HI ill J06 332
2 3 88 91 lU 149
3 3 HZ 125 19. m
4 3 Ul TI4 Ul ill
6 3 Z09 ill J'0 389
8 3 U7 263 Uf 498
2 4 U. rn lU 199
3 4 lU 166 2U 284
4 4 211 205 JU 362
6 4 27. m UI ill
8 4 JU ill UZ 663
2 5 11.7 TIT ZH 249
3 5 21J 208 JU 355
4 5 Ul ill Uf 452
6 5 U. ill 1100 649
8 5 Uf 439 7U 829
2 6 177 ill 27. 298
3 6 ZU EO JU 425
4 6 J01 308 'U 543
6 6 U' ill 71.0 m
8 6 ,n 526 fl. 995
(2) Multiple-family dwelling units containing five units or
more shall use containers emptied by mechanical means,
except as otherwise approved by the city because of
lack of suitable space for a mechanical container or
. other good reason.
ORD. NO. 43-92
.
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(3) Commercial customers shall use mechanical containers I
and commercial refuse container service (Type E).
Commercial customers shall include, but not be limited I
to, all office buildings, stores, filling stations,
service establishments, light industry, schools, I
churches, clubs, lodges, motels, laundries, hotels,
public buildings, food service, and lodging !
establishments. Commercial customers may use any of I
the following containers for accumulation of refuse: I
(a) Commercial refuse containers. The city shall
require any commercial customer needing more than
six refuse containers to use mechanical containers,
if feasible.
(b) Mechanical container,.
(4) The owners/operators of commercial establishments and
other commercial customers shall accumulate such refuse
in those locations mutually agreed upon by the owner/
operator and the city of its contractors, and which are
convenient for collection by the city or its
contractors.
(5) Containers emptied by mechanical means shall be
provided by the city or its contractors. These
containers shall be emptied on a schedule mutually
agreed upon by the customer and the city or its
contractors, but not less than one day a week nor more
than six days a week. Maintenance of that container
shall be as set forth in this chapter; however, the
city's contractors shall not impose any separate or
additional charges to customers or to the city for the
rental or routine/regular maintenance of such
containers that may be performed by the city's
contractors.
(6) Commercial customers needing less than six refuse
containers, and those approved for this type of service
by the city in advance because they lack a suitable
location for a mechanical container shall also be
serviced at least once per week. All garbage and
commercial trash shall be collected from such refuse
containers at locations agreed to between the city or
its contractors and the customer.
(C) The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and size
designated by the city or provided by the city's contractors
shall be used. Where more than one user is serviced by one
container, the monthly charges shall be levied to each
customer by dividing the total monthly cost by the number of
customers using that container; however, in no event shall
the monthly service charge be less than '3e $31 for
residential dumpster service and ,.. $50 for coim;rcial
dumpster service. The term "CUSTOMER" aomployed herein is
any person using the service or to whom the service is
available. Even if the customer is different from the person
who is actually billed for or pays for the service, the
minimum monthly charge referred to above shall be calculated
as to each customer.
(D) Commercial Rates for Recycling !
.
ORD. NO. 43-92
_'____"'_'U_'_ '._'_ ~....,...__".,...__._..,
,.
Container Size Pick ups per Recycling Monthly
(square yard) week Billing Rates
96 gal 1 '1l7 $ 17.45
2 1 4X 42.l0
3 1 U 55.45
4 1 74 75.99
6 1 ~. 100.64
8 1 IU l26.32
96 gal 2 2. 26.70
2 2 U 63.67
3 2 Sl 83.18
4 2 XU U8. lO
6 2 UI l65.34
8 2 2e. 2U .56
96 gal 3 31 34.91
2 3 82 84.21
3 3 le7 l09.88
4 3 U7 161.23
6 3 233 239.29
8 3 U. 297.83 I
96 gal 4 U 44.16 !
2 4 XeJ 105.78
3 4 131 l37.61
4 4 U. 203.34
6 4 2.. 293.72
8 4 373 383.07
96 gal 5 J2 53.40
2 5 III 127.34
3 5 U' 164.32
4 5 lI. 246.48
6 5 34. 357.39
8 5 U' 468.31
96 gal 6 It 62.64
2 6 IU 148.91
3 6 I" 191. 02
4 6 282 289.61
6 6 U. 421. 07
8 6 U~ 553.55
(E) Multi-Famdly Rates for Recycling:
Multi-famdly units which do not receive curbside recycling
service shall be assessed a monthly charge of II if. $1.64
per unit which shall be billed by the contractor.
Section 2. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof. any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part :
thereof other than the part declared to be invalid. ,
Section 4. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading, and the changes set
forth herein shall be applicable to all billa rendered on or after October
I, 1992.
PASSED AND ADOPTED in regular sesaion on second and final reading
on this the day of , 1992.
MAYOR
.
ORD. NO. 43-92
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM i /0 G. - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 44-92
DATE: September 18, 1992
This is a second reading of an ordinance amending Chapter 50 of the
Code of Ordinances to prov ide for an increase in the public service
tax on the purchase of electricity from 8.5% to 9.5%"; and providing
for an exemption to residential users only in the amount of 90
kilowatt hours.
For each residential dwelling unit, the first 90 kilowatt hours of
electricity used shall be exempt from the tax levied by this
subsection.
Recommend approval of Ordinance No. 44-92 on second and final reading.
p~ 4ta \
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ORDINANCE NO. 44-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50,
"UTILITIES GENERALLY; PUBLIC SERVICE TAX" ,
SECTION 50.15, "LEVY OF TAX", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
TO PROVIDE FOR AN INCREASE IN THE PUBLIC SERVICE
TAX ON THE PURCHASE OF ELECTRICITY FROM 8.5% TO
9.5%; PROVIDING FOR AN EXEMPTION TO RESIDENTIAL
USERS ONLY IN THE AMOUNT OF 90 KILOWATT HOURS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 50,
"Utilities Generally; Public Service Tax", Subheading "Public
Service Tax", Section 50.15, "Levy of Tax" , Subsection (A) ,
"Electricity and Gas", subparagraph (1), be, and the same is
hereby amended to read as follows:
(A) Electricity and Gas.
(1 ) (a) The city hereby levies a tax on the
purchase of electricity and metered or bottled gas
(natural liquefied petroleum gas or manufactured) . The
tax shall be levied only upon purchases within the city
arid/$~all//ri0t/e*tee. in the amount of 8.5% of the
payments received by the seller of the taxable item
from the purchaser for the purchase of $dt~//$etyite
metered or bottled gas (natural liquefied petroleum gas
or manufactured) , and in the amount of 9.5% of the
payments received by the seller of the taxable item
from the purchaser for the purchase of electricity.
JEl For each residential dwelling unit, the
first 90 kilowatt hours of electricity purchased each
month for residential use shall be exempt from the tax
levied by this subsection.
(c) ~'M This tax shall not be applied against
any fuel adjustment charge, and such charge shall be
separately stated on each bill. The term "FUEL
ADJUSTMENT CHARGE" means all increases in the cost of
utility services to the ultimate consumer resulting
from an increase in the cost of fuel to the utility
subsequent to October 1, 1973.
(d) Ul This tax shall in every case be paid by
the purchaser, for the use of the city, to the seller
of such electricity or gas at the time of paying the
charges therefor to the seller thereof, but not less
often than monthly.
Section 2. That should any section or provl.sl.on of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not effect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
.
'.
-- ~--- -. --- - -- _.--
-._---~,-------- ----
---< -_..- ---~---~------ ---------~---- ---.------ - ---- --~----,~ -- ---
Section 4. That this ordinance shall become effective
on October 1, 1992.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.
'.
. - 2 - Ord. No. 44-92
--,- --.--_.
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. ,. .
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PUBLIC AND CITY COMMISSION COMMENTS FROM SEPTEMBER 22, 1992:
Public Comments:
(1) Mr. Patrick Parziale, 1001 Flame Vine Avenue, Suite 104,
from the Pines of Delray, who stated that the amount of
crime has been excessive in the last six months. In
response to the City Manager's suggestion to implement a
Crime Watch, Mr. Parziale questioned who would do the crime
watch, stating that the majority of the residents are
elderly and there is no way they are going to do a crime
watch. He suggested as an alternative the closing of Flame
Vine Avenue which is a street with about 50 apartments along
it, with two entrances off of Lowson. He reiterated that
crime on Flame Vine Avenue has been excessive and something
needs to be done about it. (NOTE: A copy of the handout
from Mr. Parziale is attached.r----
(2) Ms. Lillian Feldman, speaking as a resident and not for the
Pines of Delray, who objected to closing Lowson Boulevard at
the corner of Flame Vine Avenue for the reason that there is
another entrance on Lowson Boulevard, which is the north
entrance, and anyone who wanted to come in and commit a
crime could certainly use that entrance just as well as the
one that Mr. Parziale wants to close off. Another reason
why she would object to closing it off is because two years
they went through the same thing with another community and
we objected. She asked that different alternatives be
looked at.
(3) Ms. Wanda Stimpson, Business Agent for IBF&O, representing
the blue collar employees of the City, who stated that she
was here to tell how disgusted the employees are that worked
during the hurricane. This issue is not addressed in the
labor contract, so they had no action that they could file
on their behalf. She is here this evening to tell the
Commission that the workers came to work willingly to help
secure the City property without even securing their own
homes and protecting their families. Many of these
employees even worked through the night in order to
accomplish the City's mission. They expected the City
Commission to give them a fair deal when it came time to pay
them. How mistaken they were. You paid them straight time
for overtime work while most other cities gave their
employees overtime pay for such work. Had they known this
would have happened, they would have remained at home and
secured their own homes and families. Due to your actions,
you have sent the wrong message to these employees. Their
reaction in the future to such emergencies as hurricanes or
floods is that the administration and the Commission should
respond to the City's needs and the employees will remain
with their families to protect them. We would ask you
tonight to discuss this matter and pay these employees
overtime pay as other cities have done, to do the decent and
fair thing for them.
,,'.
.
- Public & Commission Comments from
.
9/22/92 Regular Meeting
Page Two
(4) Mr. Frank Houston. who read a prepared statement into the
record on behalf of Ms. Jay Slavin; a copy of the statement.
"Appoint a Woman to the Delray Commission Seat" is attached.
(5) Ms. Sue Davis, present on behalf of the South County Chapter
of the National Organization of Women, who spoke on behalf
of Verna Cook. (Verbatim to follow)
(6) Mrs. Ollie Dobson, 907 S.W. 3rd Court, Delray Beach, who
addressed her concerns about her dealings with the Delray
Beach Police Department. (verbatim to follow)
Commission Comments:
(1) Dr. Alperin: Asked if there was some way we could clean up
the structures along the 6th fairway at the municipal golf
course; the appearance of the two-story apartment buildings
is an embarrassment. There must be some major code
violations there; there is no lawn, they have windows out,
wood allover the place. There was also a fire there just
last week on the second floor. Along this line, Mr. Andrews
also commented there is another one that is south of the 4th
hole (south apartments on the 4th green, 5th tee and also
3rd green).
(2) Mr. Mouw advised that he will be unable to attend the
meeting on October 13, 1992, and asked if it could be
rescheduled to October 20th. The City Manager advised the
October workshop had already been moved from the 6th to the
20th in light of the religious holiday. Mayor Lynch advised
he will be out of town the last week in October so will not
be able to attend the regular meeting of October 27, 1992.
The meetings will be held as scheduled with the absences
noted.
(3) Mayor Lynch: (1) Asked if we are still staying tough on
the parking up at the flea market? and (2) As to the
suggestion for discounts for senior citizens at the tennis
facility, he felt the idea had merit as long as it was for
something like purchases on the inside; if we gave it to
just any citizen. somebody could use another's person ID
card, that sort of thing.
The City Attorney advised that this is something that is
completely in Liddun's control. We can make a suggestion,
but we don't have any power with respect to ticket pricing,
etc.
The City Manager advised we do charge more for non-residents
for certain uses at the tennis center and we would continue
doing that.
'.
.
- Public & Commission Comments from
9/22/92 Regular Meeting
Page Three
(4) Mr. Randolph: No items.
(5) Mr. Andrews: (1) Would like to institute foreclosure
proceedings on Drexel Properties at 189 Linton Boulevard for
landscape code violations which are dated back to 1989; the
fine continues to run and is up to $6,500.
The City Attorney advised the matter should be brought
before the Code Enforcement Board; they are the body that
directs us to foreclose on properties. By State Statute and
the City's ordinances, the Code Enforcement Board is the
body that has control over the code enforcement process.
Mr. Andrews asked that this matter be agendaed for the Code
Enforcement Board immediately for resolution. The situation
has gone on for too long. The property is the storage
warehouse located at the northeast corner of Linton
Boulevard and S.W. 4th Avenue, across from Kentucky Fried
Chicken. It has been stalled long enough and he wants it
foreclosed.
(2) Mr. Andrews asked for a drop-dead date on the sign code
update.
(3) Mr. Andrews wanted to know about a date for 14th
Street; he thought it was going to be repaved and
cleaned up (that is N.E., between 2nd and 3rd).
(4) Mr. Andrews stated he felt the CRA should be directed
to buy the two lots (one vacant lot and one ugly house)
on North Swinton which send the wrong message for the
entire street. It's up on the east side north of 4th,
but not sure exactly how far. There's a vacant lot
right across the street from it.
(5) Mr. Andrews asked the City Attorney for a legal opinion
on what the City can do regarding flags in public
rights-of-way. In other words, what kind of statements
can we do with flags?
(6) Mr. Andrews asked for a legal opinion regarding the
validity of keeping the DRI on the Delint project; what
the consequences of that are, that he has not followed
through? Is there a drop-dead thing; are there
penalties, fines, what's the deal. (Note: Earlier in
the meeting, under consideration of Ordinance No. 46-92
(Checkers rezoning), there had been some discussion on
a traffic lane which was supposed to have been put in
by the Waterford people by the end of last year in
order to keep the DRI alive; this per DJK)
II. .
.
Verbatim excerpt from Public Comments portion of City Commission
Regular Meeting Agenda of September 22, 1992:
(5) Ms. Sue Davis, speaking on behalf of the South Palm Beach
County Chapter of the National Organization for Women which
has 650 members in Delray Beach and Boca Raton. We're here
to speak on behalf of Verna Cook. Verna Cook is a Delray
Beach police officer. Before moving to Delray, Verna was an
officer in Connecticut for 13 years. While in Connecticut,
Verna had an outstanding record of service with many
commendations. She was so effective at handling domestic
violence cases that she was chosen to train other police
officers around the country. Soon after joining the Delray
Beach Police Department, Verna became aware of rather
blatant sexual and racial discrimination in the department.
This discrimination involves an inequity in salaries between
men and women, and also lack of promotions and opportunities
for minorities. Because of this discrimination, Verna filed
a discrimination report with the Equal Employment
Opportunity Commission. Since filing this report, Verna has
been charged by her superiors in the Delray Beach Police
Department with leaving her post while on duty to attend
church. Because of this, they have recommended to the
Delray Beach City Manager that Verna be dismissed. Verna
denies these charges and states that witnesses that could
verify her position have not been interviewed. Verna feels
that the Delray Beach Police Department is trying to fire
her because she was brave enough to report the
discrimination. It is the position of the South Palm Beach
County Chapter of the National Organization for Women that
an investigation needs to be made into the discrimination
charges brought by Verna, and also into the grounds for the
~ , ,"1... _ -.............. -l=~^quent
Ie; redit
CC3fkI em not
City
how
~ Cij O{)WYllL4J le.
d
was
~ ~ ; not
~enda.
~~ might
1genda
, who
fact
'f the
t one
suit. As of last Thursday morning, my nou~~ Woo Lvuu~d. I
went to the Delray Beach police station, sat there from 8:30
a.m. until ten minutes to 10:00 a.m.; no officer. Went home
II..
.
and called the Chief of Police. Finally, an officer arrived
at my house. Now, you say you want to fire an officer for
lying, but yet he tells me that he does not have enough
officers to take care of what is going on in the city.
Earlier this year, two police officers went in my house,
with my nine year old grandson there, ransacked my
grandson's bedroom, allright? I went to Delray Beach Police
Department. They have not found these two officers yet.
Two months later, they come to my house one night and
Officer Woods asks me to let my grandson go look at
pictures. Two months for a nine year old to go to the
Police Department when it should have been done then and
there. My daughter was killed here seven years ago. For
five years she had been in and out of Delray Beach Police
Department; when it came time for trial, they had nothing,
not anything. Four years ago I was in here for the drug
problem over in my area; nothing was done. I've been going
to police advocacy meetings for the last couple of months;
nothing is being done. Nothing, and I don't think that an
officer being fired for lying when the whole police
department is lying to me. And the reports are there. My
daughter was killed. Delray Beach Police Department took
the assailant to West Palm Beach, charged him with second
degree murder. He ended up with manslaughter, served four
years and two months, and she was shot, laying on the floor.
Not first degree murder did they charge him with; they
charged him with second degree murder, and I am angry. I am
very angry. My grandson had stolen a bicycle, he had a
stolen pair of pants. I called Delray Beach Police
Department, and they know about it because I was there the
very next day because I was too angry about it to go right
then. The officer told my grandson, "I believe you; not
your grandmother. If she won't let you have it in her
house, take it to a friend's house." And you can go and
question my kids without me being around; they will tell you
the same, identical thing. Delray Beach Police Department
picks up my grandson; anybody can come and sign him out.
They don't care . . . not to me. He's been signed out by
other people; I am his legal guardian. They don't call me.
Boynton Beach Police Department picked him up; they called
me. They tell me I'm not releasing him to anybody but you,
or if you say, we'll take him to 45th Street. Can't get
that from Delray Beach Police Department. Having problems
in school? Go to Officer Mitchell . . . Sergeant Mitchell . . .
he did nothing for two years. Finally, yesterday, I signed
papers for him to go into drug rehab. But not only Delray
Beach Police Department, the system has done me wrong. I
took out a (unclear) on him in February; nobody has
helped me. Me and one counselor from HRS has worked for
six, seven months, trying to get him in a rehab center which
we finally did yesterday. So, when the lying comes, you
should fire the whole Delray Beach Police Department and
start allover again because they have lied repeatedly to
me, of all circumstances. They beat my granddaughter in the
.
... ~, .
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1001 FLAME VINE AVE STE 104
DELRAY BEACH FL 33445
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.
APPOINT A WOMAN TO THE DELRAY COMMISSION SEAT
.
BY Jeanette (Jay) Slavin
There is an unacceptable imbalance between men and women in public
office. In Delray Beach it is more than two years since a woman
has served on the Delray Beach Commission. When Com. McCarty left
to become county commissioner, the Mayor appointed Armand Mauw.
That made three former members of the Community Redevelopment Agency
(eRA) now serving on the City's Commission.
Now the position to be vacated bJ Bill Andrews is up for appointment.
f
We feel that a commission without a woman making judgements,
setting budgets, establishing priorities, debating issues and
making decisions that determine the quality of life for every woman
in Delray is not fair.
Women make up over 50% of the voters in our city - they pay more
than 50% of the property taxes - and make most of the purchases
of services, automobiles, food, clothing, etc.
Women make a difference in elected office. They have been managing
budgets all their adult life and are more sensitive to family
problems, assets and wages, job training, pensions, etc.
A retired woman in particular has the time and skill to devote to
the meetings and reading necessary to perform her duties with
special meaning.
Since we do not have a retiree on the Commission and a large
percentage of the population of Delroy Beach is made up of retiree
communities - and wehave so many competent, eligible, and eager
senior women ready to serve - we sincerely urge the Mayor to show
great courage and make a selection from the many available women
who have been active in our city.
--"-"-- -.-.
It takes great effort and receptiveness for awhite person to
understand black concerns and points of view. It also takes such
effort and receptiveness when it comes to women's issues. The
fact that this city commission has gone two and a half years
without actively seeking a woman to fill a seat suggests the lack
of sensitivety to the female population.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~IP CITY MANAGER
SUBJECT: AGENDA ITEM i /;JR - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 47-92
DATE: September 18, 1992
This is the first reading of an ordinance amending the Land
Development Regulations to alter the criteria for establishment of a
Large Scale Mixed Use Special Activities Districtj by amending Section
4.4.25(1)(5) to change the date of expiration for the Marina Cay SAD
to August 22, 1995.
This proposed ordinance modifies the SAD Zone District Regulations to
allow the initial approval period for a large scale, mixed use SAD
to be no less than six years. In addition, this ordinance also
extends the approval date for the Marina Cay SAD to August 22, 1995.
The Planning and Zoning Board will consider this item at their
September 21st meeting. A report will be made of the Board's findings
and recommendations at Tuesday evening's meeting. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 47-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
p~ lor ~
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ORDINANCE NO. 47-92
fu~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA. AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH. BY AMENDING CHAPTER 4. "ZONING
REGULATIONS" . SECTION 4.4.25(C) (3),
"ESTABLISHMENT", TO ALTER THE CRITERIA FOR
ESTABLISHMENT OF A LARGE SCALE MIXED USE SPECIAL
ACTIVITIES DISTRICT; BY AMENDING SECTION
4.4.25(1)(5) TO CHANGE THE DATE OF EXPIRATION FOR
THE MARINA CAY SAD TO AUGUST 22. 1995; PROVIDING A
GENERAL REPEALER CLAUSE. A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS. the City Commission of the City of Delray
Beach desires to amend the Land Development Regulations of the
City of Delray Beach. Florida. to provide that the initial
approval (validity) period for a Large Scale Mixed Used
Development approved under Special Activities District (SAD)
zoning regulations. shall be specifically stated in the enacting
ordinance. but shall in no event be less than six (6) years; and,
:
WHEREAS. the City Commission of the City of Delray
Beach. Florida. finds that it is appropriate to amend its
existing codes to further provide for the change of the date of
expiration for the Marina Cay SAD to August 22. 1995.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1. That Chapter 4. "Zoning Regulations", of
the Land Development Regulations of the City of Delray Beach,
Florida. is hereby amended by amending Section 4.4.25, "Special
Activities District (SAD)", Subsection (C)(3), "Establishment",
to read as follows:
(3) Establishment: Vesting of a SAD
project shall occur in the same manner as set for
the establishment of a site plan approval
(reference Sections 2.4.4(0) and (E)], except that
when the SAD is for a Large Scale Mixed Use
Development. the initial approval (validity)
period shall be specifically stated in the
enacting ordinance. but shall. in no event, be
less than six (6) years. In the event that a SAD
" project does not become established, all uses,
1 waivers. adjustments. and other actions taken
'I pursuant to the SAD shall be void. In order to
:1 proceed to establish the same. or another. use it
II shall be necessary to process a rezoning request.
;J Section 2. That Chapter 4, "Zoning Regulations", of
II the Land Development Regulations of the City of Delray Beach,
Florida. is hereby amended by amending Section 4.4.25. "Special
i1 Activities District (SAD)". Subsection (I) (5) . to read as
!I follows:
II
[I (5) Marina Cay. Ordinance No. 51-89.
jl not established. approval expires on August 22.
\1 19922._
I Section 3. That all ordinances or parts of ordinances
! which are in conflict herewith are hereby repealed.
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Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not effect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED on second and final reading on this
the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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I - 2 - Ord. No. 47-92
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
D~-J '~ ~
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 22, 1992
LDR Text Amendment Re SAD Extension Modifications and
Change of the Marina Cay Expiration Date
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an Ordinance which modifies
the SAD Zone District Regulations with respect to the
initial approval period of a large scale, mixed use
SAD. It also establishes a new expiration date for the
Marina Cay S.A.D.
BACKGROUND:
This subject was before the City Commission on August 18th, at
which time direction was given to proceed to accommodate a new
expiration date for the Marina Cay S.A.D.
Please refer to the attached Planning and Zoning Board Staff
Report for details and implications.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, September 21st. Due to a need to act in
a timely manner regarding the Marina Cay project, the i tern has
been placed on this City Commission agenda.
RECOMMENDED ACTION:
Pending Planning and Zoning Board review.
Attachment:
* P&Z Staff Report & Documentation of September 21, 1992
DJK/T:CCMARIN2.Doc
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
SUBJECT: REGULAR MEETING OF SEPTEMBER 21, 1992
CONSIDERATION OF LDR TEXT AMENDMENT, SECTIONS
4.4.25(C)(3) & (I) (5) - ESTABLISHMENT OF AN SAD ,
CHANGE OF DATE FOR THE MARINA CAY SAD
ITEM BEFORE THE BOARD:
The action requested of the Board is that of review and
comment upon: a proposed modification to Section
4.4.25(C)(3) of the LDRs which alters the criteria for
establishment of a large-scale, mixed use SAD;
AND,
a proposed modification to Section 4.4.25(1)(5) of the LDRs
which changes the date of expiration for the Marina Cay SAD
to August 22, 1995.
Section 1.1.6(A) provides that prior to action on a
proposed amendment to the LDRs, a recommendation be
obtained from the Planning and Zoning Board.
BACKGROUND:
Attached is documentation provided to the City Commission when
it considered a request for extension of the Marina Cay SAD.
Such an extension cannot be accommodated under our existing
rules and regulations; thus, the item was before the Commission
for direction. After review of the situation, the Commission
directed the Administration to proceed with appropriate
amendments to accommodate the continuation of the Marina Cay
SAD without the petitioner needing to file a rezoning petition.
Since Marina Cay is the only SAD which also has the Future Land
Use Map designation of "large scale, mixed use", the approach
being taken is to provide a minimum, initial approval period for
-such a SAD. In order to accommodate the Marina Cay project,
this period is suggested to be six (6) years.
PROPOSED TEXT AMENDMENTS:
SECTION 4.4.25(C}(3) Establishment: Vesting of a SAD
project shall occur in the same manner as set for the
establishment of a site plan approval [reference Section
2.4.4(0) and (E)], except that when the SAD is for a Large
Scale Mixed Use Development, the initial approval
(validity) period shall be specifically stated in the
~. &.2.
P&Z Memorandum Staff Report
Marina Cay SAD
Page 2
enacting ordinance, but shall, in no event, be less than
six ( 6 ) years. In the event that a SAD pro j ect does not
become established, all uses, waivers, adjustments, and
other actions taken pursuant to the SAD shall be void. In
order to proceed to establish the same, or another, use it
shall be necessary to process a rezoning request.
SECTION 4.4.25(1)(5) Marina Cay, Ordinance No. 51-88, not
established, approval expires on August 22, 1992~;
ANALYSIS:
This action is being taken to accommodate a single project which
has a unique status. There appears to be two items of
significance associated with the proposed amendments. First,
there is the change from a normal 18 month approval to a minimum
initial approval of six years. While significant, justification
may be made based upon the unique aspects of a large scale,
mixed ,use project.
The second aspect deals with the concepts of the continuing
validi ty of the land use and of concurrency as it pertains to
Marina Cay. There has been no change in land use in the
immediate area since initial approval of Marina Cay in 1989;
thus, it appears that the change would not negatively affect the
area. Recent public improvements to the water and sewer systems
alleviate any concerns which may have existed with respect to
those services and the ability to serve the area (concurrency).
With respect to traffic concurrency, Marina Cay has a vested
traffic count of 4,495 ADT. Any development project which is
proposed along N. Federal Highway needs to accommodate that
4,495 ADT as "real" traffic in the evaluation of the new
project's ability to meet traffic concurrency.
RECOMMENDED ACTION:
Review and comment, as deemed appropriate, and then provide a
recommendation to the City Commission.
Attachments:
* CC Documentation of August 18, 1992
Prepared by: ~,~~~
Reviewed by DD on: ~
DJK/PZMARCAY.DOC
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C I T Y COM MIS S ION DOC U MEN TAT ION
4,4Cj5 ~b\
TO: DAVID T. HARDEN, CITY MANAGER
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FROM': DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: SPECIAL MEETING OF AUGUST 18, 1992
REQUEST FOR EXTENSION OF MARINA CAY SAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
direction as to how to proceed with a request for an
extension of the Marina Cay SAD. Under curren t .
regulations, an extension cannot be granted.
Marina Cay is a proposed mixed use development with retail,
residential, restaurant, and marina components. It is to
be located on eleven acres of land between Federal Highway
and the Intracoastal Waterway, south the Flea Market.
This item has been placed before the City Commission at the
direction of the Mayor.
BACKGROUND:
Attached is correspondence from Lois Kelly, General Partner,
requesting an extension; and from David Kovacs setting forth the
reasons why an extension cannot be granted.
Under current regulations, the manner in which Marina Cay would
proceed is through a new zoning petition accompanied by
appropriate fees and up-dated submittal information (including
an up-dated traffic study); it is not permissible to grant an
extension.
In order to consider an extension, it would first be necessary
to amend our development regulations. An amendment to the SAD
regulations (treating an extension to a SAD as a special case,
apart from extensions from pre-LOR site plans and Conditional
Use items), would have implications for previously approved, but
currently expired SAD approvals for Isles of Delray and the 8th
Street Marina. Also, such an approach would have implications
for pre-LOR site plan and Conditional Use approvals.
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City Commission Documentation
Request for Extension of Marina Cay SAD
page 2
With expiration of the SAD, the project "disappears" and the
property has a special zoning designation (SAD) without a site
(development) plan. Thus, in order to put any use on the
property it is necessary to first go through a rezoning process.
Also, with expiration, reservations of capacity in the sewer,
water, and traffic systems which is currently allocated for the
Marina Cay project loses its priority 1. e. if necessary that
capacity would be allocated to other projects which come on
line.
Thus, the directions which the City Commission may pursue
include:
1. That the property owner follow the procedures laid out in
the regulations and proceed through the rezoning process; or,
2. Direct the Administration to come back with an ordinance
which will accommodate the petitioners request.
.
RECOMMENDED ACTION:
Commission's discretion.
Attachments:
* Kelly request letter of July 9th
* Kovacs response letter of July 27th
DJK/CCMARINA.DOC
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SEM;flEST C()~I~IEHC L\ L PHOPEHfIFS, 1.'1' Il .
tg25 Nort.h Federal II i ~h'....n:..
De It'ay Oench, Florida :~ 3 I R 3
( 407 ) 272 - 2 ,1 <11
July 9, 1992
~t r. Davjd T. lIarden
Ci ty ~ll\llagcr
C i Ly 0 r Delrny nel\ch
100 N. w. First Avenue
Delray Beach, Florida 33444
fle: Ont inances 31-91, 32-91, and 51-89
~l a r i n a C; a y S. A. D. Approval
Dea.r ~l r. liard in: .
On behalf of the owners of Harina Ca:-' nnd their Lenders, we
request an extension of the above referenced npproval which is
scheduled to expire on August 22, 1992.
We are requesting the extension for a period of 18 months.
Due to the recession and the present bankinlJ situation in the
United States it is difficult to obtain finnncing. We are
presently negotiating with Lenders who are interested in
fin~ncin~ our project. This ,,"ould allow \1S to get under loJl\}'
shortly.
We appreciate your assistance and support for this project. If
there are any questions regarding the above, please contact me.
Sincerely,
g:~.~~l~~
GeneralPartner
encl.
cc: Thomas E. Lynch, Hayor J- ~mtlEHWJElDJ ,
,
Commissioners:
Willil\R1 Andrew9
David E. Randolph, Sr.
A rmand ~touw JL'L 1 0 1192
Ja.y Alperin
David J. Kovacs, Director, Planning & Zoning FLAr~NING &. ZONINL..
City Attorney Jeffrey Kurt?
James W. Nowlin, General Partner .
CITY OF DELRAY BEA[H
100 'j ','J '; [ ~" ;; " _ :: . JELR~Y 3::~C"" i=LORIOA 33444 . JQ7 ?J: . :.:.:
July 27, 1992
Lois M. Kelly, General Partner
Seacrest Commercial Properties, Ltd.
1925 North Federal Highway
oelray Beach, Florida 33483
Re: Request for Extension, Marina Cay SAD
Oear Lois:
Your letter request of July 9, 1992, has been referred to this
office for analysis and a reply. For various reasons, as
identified below, your request cannot be accommodated. In order
to seek a new approval for establishment of use, a new rezoni ng
petition with attendant submittal materials must be filed.
Among the reasons that we cannot accommodate your request are:
* the request was not received at least forty-five (45) days
prior to the expiration date [2.4.4(F)(1)(a)];
* as with your previous request for extension, the original
approval was pre-LDR; accordingly, the LOR provision which
prohibits the extension of a development order previous to
October 1, 1990, applies. The extension which you received
in March, 1991, did not give you an approval but only
modified the previous termination date;
* with the code revisions of March, 1991, it is clear that
the expiration date of a Large Scale Mixed Use SAD is to be
per a date stated in the enacting ordinance. Ordinance No.
32-91 established that date as being August 22, 1992;
* the "special relief" provisions under which your previous
request was considered are no longer valid. They expired
on May 1, 1992.
T ~ :: E = = C :)"1' A _ : ;. ,( SMA TT:: ~ s
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To: Lois M. KellJ
Re: Request for Extension, Marina Cay SAD
Page 2
Besides going through-the rezoning process, as directed pursuant
to Section 2.2.25(C)(3), the only other avenue of relief is
through a direct appeal to the City Commission or the Planning
and zoning Board who may initiate an amendment to our Land Use
Development Regulations.
C5ial~YJ~u
DaVi~ovacs,~or
Department of Planning and Zoning ~
DJK/dlm
c:
Mayor Thomas Lynch
David Harden, City Manager
Jeff Kurtz, City Attorney
~ari na-C4,y.....-iro j ect F i 1 e
DJK/MARINAC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: r)f!!CITY MANAGER
,/
SUBJECT: AGENDA ITEM i \a..B - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 49-92
DATE: September 18, 1992
This is the first reading of an ordinance changing the City's Land Use
Plan Designation in the Comprehensive Plan for a portion of the
Veteran's Park parking lot from Recreation and Open Space to
Commercial Core; amending the Land Use Plan; and providing for
exemption from the Transmittal and ORe Process.
This action is necessary as result of the Commission consensus to
permit the expansion of a deck into the public parking lot adjacent to
Veteran's Park for the Jalapeno's Restaurant.
The Planning and Zoning Board will consider this item at their
September 21st meeting. A report will be made of the Board's findings
and recommendations at Tuesday evening's meeting, A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 49-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
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ORDINANCE NO. 49-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND
USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR
A PORTION OF THE VETERANS PARK PARKING LOT AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN. FROM
"RECREATION AND OPEN SPACE" TO "COMMERCIAL CORE";
AMENDING THE LAND USE PLAN; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the legal description of the subject
property is as follows:
The South 36 feet of the North 347 feet of the
West 25 feet of Block 132, TOWN OF LINTON, .
according to the Plat thereof recorded in Plat
Book 1, Page 3, of the Public Records of Palm
Beach County, Florida,
The subject property is located along the east
side of Atlantic Plaza, north of Atlantic Avenue,
being a portion of the Veterans Park parking lot.
The above-described parcel contains a 900 square
foot parcel of land, more or less,
Section 2. That the City of Delray Beach. Florida,
elects to make this small scale amendment exempt from the
transmittal-and-ORC process by having only an adoption hearing,
pursuant to Florida Statutes Section 163,3187. as amended by SB
1882 (Committee Substitute). effective April 8. 1992.
Section 3. That the Land Use Plan designation of the
subject property in the Comprehensive Plan is hereby changed to
"Commercial Core".
Section 4, That the Planning Director of the City of
Delray Beach, Florida. shall, upon the effective date of this
ordinance, change the Land Use Plan of Delray Beach, Florida, to
conform with the provisions hereof.
Section 5, That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed,
Section 6, That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid,
Section 7, That this ordinance shall become effective
immediately upon passage on second and final reading,
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PASSED ~~ ADOPTED on second and final reading on this
the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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- 2 - Ord. No. 49-92
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~CTOR
D~TMENT OF PLANNING AND ZONING
~~e '
FROM: PAUL DORLING~ANNER II
SUBJECT: MEETING OF SEPTEMBER 22, 1992
APPROVAL ON FIRST READING OF AN ORDINANCE FOR A LAND
USE AMENDMENT FROM "RECREATION AND OPEN SPACE" TO
"COMMERCIAL CORE" FOR A PORTION OF VETERANS PARK
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance changing the land
use designation from "Recreation and Open Space" to
"Commercial Core" for a portion of the Veterans Park
parking lot.
The project involves a 25'x 36' section of the Veterans
Park parking lot located along the east side of Atlantic
Plaza north of Atlantic Avenue.
BACKGROUND:
At their meeting of August 11, 1992 the City Commission and the
owner of Atlantic Plaza discussed the possible expansion of a
deck for Jalapeno's Restaurant into the public parking lot
adjacent to Veterans Park. Three alternatives were discussed
including a licence agreement, sale of four parking spaces and
an exchange of parking lots.
A consensus was reached by City Commission that it would be more
appropriate to provide a license agreement. However, prior to
proceeding with the licensing agreement the existing land use
and zoning designations must be changed to allow the proposed
use. The City Commission initiated the Land Use amendment and
rezoning at their meeting of September 8, 1992.
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City Commission Documentation
Veterans Park - Land Use Amendment
Page 2
LAND USE PLAN AMENDMENT.PROCESS:
This Land Use Plan Amendment it being processed as a Small Scale
Development pursuant to Florida Statutes 163.3187 as amended by
Senate Bill 1882, effective April 8, 1992. This statute allows
any local government land use amendment which is related to a
proposed small scale development activity to be approved without
regard to statutory limits on the frequency of amendments (twice
a year).
Further, the Senate Bill 1822 amendment allows the local
governments to choose to make small-scale amendments exempt from
the transmittal and ORC (Objections, RecommenQations, Comments)
process by having only an adoption hearing. Until the rule
making for this new provision is completed, the election of this
process must be specified within the adopting ordinance.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered the Land Use amendment
and concurrent rezoning at their meeting of September 21, 1992.
As this documentation was written prior to that meeting a
verbal report on the Planning and Zoning Board action will be
provided at the City Commission meeting.
RECOMMENDED ACTION:
By motion, approve the ordinance on first reading changing the
Land Use designation from "Recreation and Open Space" to
"Commercial Core" for a 25 x 36 portion of Veterans Park parking
lot.
Attachment:
* Location Map
* P&Z staff report
PD/t:ccredeck.DOC
PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH . --- STAFF REPORT ---
M__ riNG DATE: September 21, 1992
AGENDA ITEM: IV.C.
ITEM: Future Land Use Map Amendment & Concurrent Rezoning for a Portion of Veterans Park;
[FLUM from Recreation & Open Space to commercial Core; Zoning from CF (Community
Facilities) to CBD]
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t .NERAL DATA:
Owners. .......................City of Delray Beach, Florida.
Location......................North side of Atlantic Avenue,
on west side of the Intracoastal
Waterway.
Property Size.................900 square feet
City Land Use Plan............Recreation & Open Space
proposed Land Use Plan....... . Commercial Core
Existing Zoning...............CF (Community Facilities)
Proposed zoning...............CBD (Central Business District)
Adjacent Zoning........North: CF
East: CF
South: CF
West: CBD
Existing Land Use.............Four parking spaces within
existing City park parking lot.
Proposed Land Use.............Patio deck for Jalepeno's
Restaurant.
Water Service.................Existing on site.
Sewer Service................ .Existing on site. IV.C.
'.
I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation on
a City initiated Land Use Plan Amendment from "Recreation and
Open Space" to "Commercial Core" and a City initiated concurrent
rezoning from CF (Community Facility) to CBD (Central Business
District) .
The subject property is a 25' x 36' portion of the Veterans Park
parking lot located east: of Atlantic Plaza between Atlantic
Avenue and N.W. 1st Street.
B A C K G R 0 U N D:
At its meeting of August 11, 1992 the City Commission and the
owner of Atlantic Plaza discussed the possible expansion of a
deck for Jalapeno's Restaurant into the public parking lot
adjacent to Veterans Park. Three alternatives were discussed
including:
1. License Agreement - Payment of approximately $1,000.00 a
year for the license and a swap of parking spaces -
Veterans Park spaces for spaces within Atlantic Plaza.
2. Sale of four parking spaces - The purchase of four parking
spaces within Veterans Park and the provision of four
spaces within Atlantic Plaza, thereby alleviating the I
city's potential landowner liabilities.
3. Exchange of parking lots - Exchange of the new parking lot
which was recently developed at the northeast corner of
N.W. 1st Street and N.W. 7th Avenue (54 spaces) for the 51
spaces on the west row in Veterans Park. The exchange of
the parking lots would result in an increase in spaces
permanently dedicated to general public parking.
A consensus was reached by city Commission that it would be more
appropriate to proceed with a straight license agreement.
However, prior to proceeding with the licensing agreement the
existing land use and zoning designations must be changed to
allow the proposed use. The City Commission initiated the Land
Use amendment and rezoning at its meeting of september 8, 1992.
These items are now before the Board.
PRO J E C T DES C RIP T ION:
The site proposed for the Land Use and Rezoning action is a 25'
x 36' piece of the existing Veterans public parking area. The
site is immediately east of the existing Jalapeno's Restaurant
within Atlantic Plaza. The parcel contains a 5' sidewalk along
with four existing parking spaces. The owner of the Atlantic
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 2
Plaza and the City Commission would be entering into a license
agreement for the use of City owned land.
COM PRE HEN S I V E P LAN A N A L Y S I S:
This Land Use Plan Amendment from "Recreation and Open Space" to
"Commercial Core" is being processed as a Small Scale
Amendment pursuant to Florida Statutes 163.3187 as amended by
Senate Bill 1882, effective April 8, 1992. This statute allows
any local government land use amendment which is related to a
proposed small scale development activity to be approved without
regard to statutory limits on the frequency of amendments (twice
a year), subject to the following conditions:
* The amendment does not exceed either 10 acres of
non-residential land or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
more than once a year; and
* The proposed amendment does not involve the same owner's
property within 200' of property granted a change within a
period of 12 months.
This parcel is approximately 900 sq. ft. or .02 of an acre and is
the second small scale development processed this year (for a
cumulative total of .52) . This property has not previously been
considered for a Land Use Amendment within the last year nor has
the same property owner been granted a land use change within
200' or within the last year.
Further, the Senate Bill 1822 amendment allows the local
governments to choose to make small-scale amendments exempt from
the transmittal and ORC (Objections, Recommendations, Comments)
process by having only an adoption hearing. Until the rule
making for this new provision is completed, the election of this
process must be specified within the adopting ordinance.
Land Use Analysis:
The current City Land Use Designation for the site is
"Recreation and Open Space". The proposed city Land Use
Designation for the parcel is "Commercial Core".
'.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 3
The surrounding Land Use Map designations to the north, south
and east are "Recreation and Open Space" and to the west is
"Commercial Core" . The existing Land Uses are Veterans Park
parking lot to the north, south and east and Atlantic shopping
Plaza to the west.
The following Comprehensive Plan policies and objectives apply
to this application:
Open Space and Recreation Element:
Policy A-1.1 : The City finds that the adopted level of
service for all recreational facilities will be exceeded,
even when considering additional population growth wi thin
the City's Planning Area, through programmed improvements.
This proposal will result in the elimination of four
parking spaces rather than elimination of actual
recreation/open space. This will not effect the
adjacent level of service for recreational facilities.
Objective 8-1: The retention of open space areas is vital
to meeting one of the overall themes of the Comprehensive
Plan -- that of D~lray Beach being a "City set apart in
South Florida". Part of the imagery of open space is that
of vistas and streetscapes. The maintenance of vistas and
enhancement of the streets capes are objectives which shall
be accomplished through Policies B-1.1 through B-1.4.
Part of the public benefit expressed by the owner of
Atlantic Plaza is that the deck will allow patrons a
greater vista of the Intracoastal Waterway thereby
creating better utilization of the existing open space
of Veterans Park.
Future Land Use Element:
Objective C-4:
The Central Business District (CBD) represents the essence
of what is Delray Beach i.e. a "village like, community by
the sea". The continued revitalization of the CBD is
essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart In South Florida".
The following policies and activities shall be pursued in
the achievement of this objective:
Policy C-4. 1: The Central Business District (CBD) Zoning
District regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum,
address the following:
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 4
* deletion of inappropriate uses
* incentives for locating retail on the ground floor
with office and residential use on upper floors
* accommodating parking needs through innovative actions
* incentives for dinner theaters, playhouses, and other
family oriented activities
* allowing and facilitating outdoor cafes
* incentives for mixed use development and
rehabilitations
* elimination of side yard setback requirements
* allow structural overhang encroachments into required
yard areas
The creation of the outdoor deck with a view of the
Intracoastal Waterway may encourage people to come
downtown in the evenings, creating greater utilization
of Veterans Park and the downtown area and thereby
furthering Objective C-4.
Z 0 N I N G A N A L Y S I S:
The current City designation for the parcel is CF (Community
Facili tyj . The proposed City zoning designation is CBD (Central
Business District). The surrounding zoning designations are CF
(Community Facility) to the north, south and east and CBD
(Central Business District) to the west.
R E QUI RED FIN DIN G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed land use designation for the property is
"Commercial Core". The CBD Central Business zoning district is
consistent with the "Commercial Core" Land Use designation.
Restaurants are allowed as a Permitted Use in the CBn (Central
Business District) zoning district.
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.
.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 5
Water:
Potable water service exists to Atlantic Plaza f rom a 6" main
along N.E. 1st Street. Fire suppression is provided from
hydrants on mains along N.E. 1st Street, N.E. 7th Avenue and
Atlantic Avenue.
Sewer:
Sewer service exists to the Atlantic Plaza from N.E. 1st Street
and a main from Veterans Park. The deck expansion is proposed
over a sewer service lateral which serves shops within Atlantic
Plaza. As this is a private service line relocation is not
mandatory. A public sewer main and force main traverse the
Atlantic Plaza site immediately north of the proposed deck
expansion. However, no conflicts with the public main are
noted.
Drainage:
The drainage for Atlantic Plaza is accommodated through
exfiltration trenches and swale areas. It is anticipated the
minimum drainage from the deck will be accommodated in the
landscape areas around the perimeter of the deck.
Parks and Open Space:
Park dedication requirements apply for new residential
development. This property is commercial and therefore the
requirements do not apply.
Solid Waste:
The impact of the proposed restaurant expansion on the waste
facility which is to accommodate all growth in the County is
relatively insignificant.
Compliance with Land Development Regulations:
Upon approval of the Land Use amendment and rezoning action a
site plan for the deck improvements will be required. This site
plan must comply with the City's Land Development regulations.
It is appropriate at this time to bring the following LOR
requirements to the attention of the applicant.
* Pursuant to Section 4.6.16(H)(3)(j) the end of each parking
row must terminate with a landscape island of at least 6 '
in width. As this deck will encroach in the mid section of
an existing parking row, terminal landscape islands will be
required on each side of the deck expansion. Provision of
these islands may either reduce the deck width to a maximum
of 24' or further reduce the area available for parking.
.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 6
* Pursuant to Section 4.6.16(H)(3)(d) foundation plantings
are to be provided between any building and adjacent
rights-of-way. While technically the Veterans parking area
is not a right-of-way it is vehicular use area which should
be treated similarly. The provision of foundation planting
may reduce the length of the proposed deck.
* Parking requirements for the deck will need to De met
on-site, within Atlantic Plaza. An excess of parking is
available within this plaza.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 which apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The proposed rezoning is not located wi thin an area
identified as a stable neighborhood and therefore the
performance standard is not applicable.
B) Performance Standard 3.3.2(D) states: That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The proposed zoning of CBD is compatible with the
commercial uses to the west. While incompatibility
arguments can be made to the encroachment of the
commercial uses into public park lands the improvement
could be considered compatible with the City's efforts
to revitalize Veterans Park by encouraging more use of
the park as well as the entire downtown.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 7
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicable reason is "c" pursuant to the following:
The requested zoning of CBD is of similar intensity as allowed
under the proposed Future Land Use Designation of "Commercial
Core" . If a "Commercial Core" land use designation is affixed
to the property a zoning designation of CBD (Central Business
District) is more appropriate than the current CF (Community
Facility) designation. Further, given the expressed desire of
the City to encourage greater activity and exposure to the
downtown area the CBD zoning designation is more appropriate in .
promotion of these goals.
REV I E W B Y o THE R S:
The development request is in a geographic area requiring review
by the DDA (Downtown Development Authority) , and the CRA
(Community Redevelopment Agency).
Community Redevelopment Aqency:
The Community Redevelopment Agency considered the request at
their meeting of September 3, 1992 and forwarded a
recommendation of approval.
Downtown Development Authority:
The Downtown Development Authority was originally scheduled to
hear the request at their meeting of September 7, 1992. As this
meeting was canceled due to the holiday the item has been
rescheduled for their September 21, 1992 meeting. A verbal
report on their recommendation will be provided at your meeting.
Special Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. In addition a courtesy
notice has been sent to several interested parties from
surrounding homeowners and homeowners associations.
.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 8
ASS E SSM E N T AND CON C L U S ION S:
The objections to the land use and rezoning changes may center
around the use of public lands for private commercial gain.
However, the property will be retained in public ownership and
be subject to a licence agreement. This licence agreement
will address such things as; disposition of the physical
improvements if Jalepeno's Restaurant should cease operation.
The proposal's actual impact is that of elimination of four
public parking spaces. An additional concern is the possibility
that outdoor noise may affect the residents of nearby
apartments. While the noise level should not normally exceed
that of outdoor activities in the park, it may be appropriate to
address the potential for noise in the license agreement. The
direct benefits of this proposal would be the encouragement of
evening utilization of Veterans Park, thereby increasing
exposure of the downtown area.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend denial of the Land Use Amendment from Open Space
and Recreation to "Commercial Core" and rezoning from
"Community Facilities" to "Central Business District" with
reasons stated.
C. Recommend approval of the Land Use Amendment from "Open
Space and Recreation" to "Commercial Core" and rezoning
from "Community Facilities" to "Central Business District"
based upon positive findings with respect to Chapter 3
(performance standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(E)(5).
S T A F F R E COM MEN D A T ION:
Recommend approval of the Land Use Amendment from "Open Space
and Recreation" to "Commercial Core" and rezoning from
"Community Facilities" to "Central Business District" based upon
positive findings with respect to Chapter 3 (performance
standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E)(5) subject to the
following condition:
.
.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 9
Execution of a license agreement which at a minimum
addresses:
* Disposition of physical improvements if Jalapeno's
Restaurant should cease operation;
* Measures to limit the potential for noise.
Attachment:
* Location Sketch
Report prepared by: Paul Dorlinq, Planner II
Reviewed by DJK on: ':-\, \ \. c.....,2-
PD/REZDECK.DOC
,.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: If)!f CITY MANAGER
SUBJECT: AGENDA ITEM i \ tL (!.. - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 50-92
DATE: September 18, 1992
This is the first reading of an ordinance rezoning and placing land
presently zoned CF (Community Facilities) district in the CBD (Central
Business District) zonej said land being located along the east side
of Atlantic Avenue, north of Atlantic Avenue, being a portion of the
Veteran's Park parking lot.
This action is necessary as result of the Commission consensus to
permit the expansion of a deck into the public parking lot adjacent to
Veteran's Park for the Jalapeno's Restaurant.
The Planning and Zoning Board will consider this item at their
September 21st meeting. A report will be made of the Board's findings
and recommendations at Tuesday evening's meeting. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 50-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
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ORDINANCE NO, 50-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT
IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE; SAID
LAND BEING A PORTION OF THE VETERANS PARK PARKING
LOT AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY
BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the CBD (Central Business District) Zone, as defined in
Chapter Four of the Land Development Regulations of the City of
Delray Beach, Florida, to-wit:
.
The South 36 feet of the North 347 feet of the
West 25 feet of Block 132, TOWN OF LINTON,
according to the Plat thereof recorded in Plat
Book 1, Page 3, of the Public Records of Palm
Beach County, Florida,
The subject property is located along the east
side of Atlantic Plaza, north of Atlantic Avenue,
being a portion of the Veterans Park parking lot,
The above-described parcel contains a 900 square
foot parcel of land, more or less.
Section 2, That the Planning Director of the City of
Delray Beach, Florida, shall, upon the effective date of this
ordinance, change the Zoning District Map of the City of Delray
Beach, Florida, to conform with the provisions of Section 1
hereof,
Section 3, That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed,
Section 4, That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED on second and final reading on this
the day of , 1992,
MAYOR
ATTEST:
City Clerk
First Reading
. Second Reading
'.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MANAGER
'~
THRU: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: P~ DORLING, PLANNER II
W'&J"
SUBJECT: MEETING OF SEPT~ER 22, 1992
ORDINANCE REZONING A PORTION OF VETERANS PARK FROM "CF
(COMMUNITY FACILITIES) TO "CBD " CENTRAL BUSINESS
DISTRICT) .
ACTION ' REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance changing the
zoning designation from "Community Facilities" to "Central
Business District" for a portion of the Veterans Park
parking lot.
The project involves a 25'x 36' section of the Veterans
Park parking lot located along the east side of Atlantic
Plaza north of Atlantic Avenue.
BACKGROUND:
For background information see the related Land Use Amendment
City Commission documentation.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered the rezoning request at
their meeting of September 21, 1992. As this documentation was
written prior to that meeting a verbal report on the Planning
and Zoning Board action will be provided at the City Commission
meeting.
RECOMMENDED ACTION:
By motion, approve the ordinance on first reading changing the
zoning designation from "Community Facilities" to "Central
Business District" for a portion of the Veterans Park parking
lot.
Attachment:
* Location Map
* P&Z staff report cover
t:ccredec1
.
PL'ANNING & ZONING BOARD
CITY OF DELRA Y BEACH . --- STAFF REPORT ---
M. J ING DATE: September 21, 1992
AGENDA ITEM: IV.C.
ITEM: Future Land Use Map Amendment & Concurrent Rezoning for a Portion of Veterans Park;
[FLUM from Recreation & Open Space to 60mmercial Core; Zoning from CF (Community
Facilities) to CBD]
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G .\jERAL DATA:
Owners........................City of Delray Beach, Florida.
Location......................North side of Atlantic Avenue,
on west side of the Intracoastal
Waterway.
Property Size.................900 square feet
City Land Use Plan............Recreation & Open Space
Proposed Land Use Plan........Commercial Core
Existing Zoning...............CF (Community Facilities)
Proposed Zoning...............CBD (Central Business District)
Adjacent zoning........North: CF
East: CF
South: CF
West: caD
Existing Land Use.............Four parking spaces within
existing City park parking lot.
Proposed Land Use.............Patio deck for Jalepeno's
Restaurant.
Water Service.................Existing on site.
Sewer Service................ .Existing on site. IV.C.
. .
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: 1J;CITY MANAGER
,
SUBJECT: AGENDA ITEM ~ /~j) - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 46-92
DATE: September 18, 1992
This is the first reading of an ordinance rezoning and placing land
presently zoned PC (Planned Commercial) district in the GC (General
Commercial) district; said land being located at the southeast corner
of Linton Boulevard and S.W. 10th Avenue.
The proposed rezoning is to accommodate a free-standing 766 square
foot drive-thru and walk-up Checkers Restaurant. Restaurants are
allowed as a permitted use within the PC zone district. However,
within the PC zone district, the minimum square footage for a
free-standing building is 6,000 square feet. As, there are no minimum
square footage requirements for restaurants in the GC zone district,
rezoning is requested.
The Planning and Zoning Board will consider this item at their
September 21st meeting. A report will be made of the Board's findings
and recommendations at Tuesday evening's meeting. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 46-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
f~ on 3-;;), ootQ,
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ORDINANCE NO. 46-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A
PORTION OF TRACT "A", LINTON INTERNATIONAL PLAZA PLAT
2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 51, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
HEREIN; AND AMENDING "ZONING DISTRICT MAP, DEL RAY
BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the GC (General
Commercial) District, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
A portion of Tract "A" , Laver's International Plaza
Plat 2, according to the plat thereof as recorded in
Plat Book 51, Page 3 of the Public Records of Palm
Beach County, Florida, said portion of land being more
particularly described as follows: Begin at the
southwest corner of said Tract "A", thence N 020 21'45"
W along the Easterly right-of-way line of S.W. 10th
Avenue for a distance of 203.38 feet to a point; thence
N 42037'22" E for a distance of 35.35 feet to a point;
thence N 87036'28" E along the southerly right-of-way
line of Linton Boulevard for a distance of 81.14 feet
to a point; thence S 02021'45" E for a distance of
231.79 feet to a point on the south line of said Tract
"A"i thence along the southerly line of Tract "A", S890
27'25" W for a distance of 106.19 feet to the Point of
Beginning.
The above-described parcel contains 0.553 acres of
land, more or less.
The subject property is located at the southeast corner
of Linton Boulevard and S.W. 10th Avenue, Delray Beach,
Florida.
Section 2. That the Planning Director of said City shall, upon
:1 the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
,
'.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
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THRU: J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: TECHNICIAN II
SUBJECT: MEETING OF SEPTEMBER 22, 1992
FIRST READING OF ORDINANCE NO. -92 - REZONING PROPERTY
AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND S.W.
10TH AVENUE FROM PC (PLANNED COMMERCIAL) TO GC (GENERAL
COMMERCIAL) .
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of the rezoning ordinance
affecting the west 106.19' of Tract "A", Linton
International Plaza Plat 2. The proposed zoning is to
accommodate a land use with a building of less than 6,000
sq. ft. (Checkers Restaurant).
The project is located at the southeast corner of Linton
Boulevard and S.W. 10th Avenue.
BACKGROUND:
The subject property is located at the west end of the Linton
International Plaza development. The proposed rezoning is to
accommodate a free-standing 766 sq. ft. drive-thru and walk-up
restaurant (Checkers Restaurant). Restaurants are allowed as a
permitted use within the PC and GC zone districts. However,
within the PC zone district, a minimum square footage of a
free-standing building is 6,000 sq. ft . , whereas, there is no
minimum square footage requirement within the GC zone district.
If the Rezoning is approved, a full site plan submittal complying
with the Land Development Regulations will be required. An
analysis of the request in found in the attached Planning and
Zoning Board Staff Report.
----- .__.'__n...._._...._
.
City Commission Documentation
Meeting of September 22, 1992
First Reading of Ordinance No. __-92 - Rezoning Property From PC
To GC (Southeast corner of Linton Blvd. & S.W. 10th Ave.)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of September 21, 1992. The Board's recommendation
and comments will be presented at the September 22nd City
Commission meeting.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. ____-92 on First Reading and
setting of a public hearing date of October 13th.
Attachments:
* P & Z Board Staff Report & Documentation of September 21st
* Copy of Ordinanc~ No. -92
JC/T:CCRCHECK.DOC
'.
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: September 21, 1992
AGENDA ITEM: IV .D.
ITEM: Rezoning from PC to GC for the Western Portion of the Linton International Plaza,
in conjunction with the Establishment of a Checkers Drive-Thru Restaurant
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GENERAL DATA:
------.--
Owner.... .-~.................. .MDN Properties, Inc.
Agent.........................Robert E. Basehart
Urban Design Studio
Location......................At the southeast corner of Linton
Boulevard and SW 10th Avenue.
Property Size.................0.553 acres
- - . . _ __ H _
City Land Use Plan............General Commercial
City Zoning...................PC (Planned Commercial)
Proposed Zoning...............GC (General Commercial)
Adjacent zoning.........North: RH (Multiple Family Residential -
Medium Density)
East: PC
South: SAD (Special Activities District)
West: PC
Existing Land Use.............Parking lot for existing retail
center.
Proposed Land Use.............766 square foot drive-in
restaurant with attendant parking
lot.
Water Service.................Existing 10" water main along
Linton Boulevard, and existing 10"
main along SW 10th Avenue.
Sewer Service.................Existing au sanitary sewer line
serving Linton International IV.D.
Plaza.
I T E M B E FOR E THE BOA R 0 :
The action before the Board is that of making a recommendation
on a rezoning request from PC (Planned Commercial) to GC
(General Commercial). This rezoning is being sought in order to
accommodate a land use with a building of less than 6,000 sq. ft.
(Checkers Restaurant). The subject property is located at the
southeast corner of Linton Boulevard and S.E. 10th Avenue.
B A C K G R 0 U N D :
Linton International Plaza has an extensive land use history
since 1984. The following background is being provided with
respect to major land use requests for the property.
At its meeting of september 25, 1984, the City Commission
approved a request to annex an 18.82 acre parcel of land,
between S.W. 10th Avenue and S.W. 4th Avenue for Linton
International Plaza (fka Linton Square at Laver's & Laver's
International Plaza). At the same meeting, the City Commission
approved a request for SAD (Special Activities District) zoning,
site plan and conditional use approval for Linton International
Plaza via Ordinance No. 54-84. The uses allowed under this
particular SAD zoning were restricted to "hotel n and limited
commercial uses". The development proposal included the
existing plaza (west 9 acres) and a proposed hotel/conference
center (east 9 acres, now Costco). The initial petition stated
that the commercial uses were to be in conjunction with Laver's
Resort. --.---
In January 1985, Plat 1 and Plat 2 were approved by the City
Commission. The plats involved the western 9 acres of the
development: Plat 1 - existing shopping center ; Plat 2 -
existing bank building. The eastern 9 acres was not platted.
At its meeting of July 17, 1989, the Planning and Zoning Board
recommended approval of a rezoning request from SAD to CC
(Community Commercial) for the east 9 acres to accommodate
Costco. On August 8, 1989, the City Commission approved the
rezoning request to CC. The property was platted separately and
is no longer part of Linton International Plaza.
The Plaza remained zoned as SAD until the Citywide Rezoning of
October 1990, at which time the property was rezoned to PC
(Planned Commercial). The limited commercial uses that were
allowed with the SAD are similar to the uses allowed in the PC
and GC (General Commercial) zone districts.
There have been site plan modifications processed for Linton
International Plaza which include landscape changes, parking
space additions and minor additions i.e. awnings.
On August 10, 1992, a request was made to rezone the westernmost
106.19' of Tract "A", Linton International Plaza Plat 2 (0.55
acres) from PC to GC and is now before the Board for action.
.
P & Z Board Staff Report
Rezoning PC to GC for Checkers Restaurant
Page 2
PRO J E C T DES C RIP T ION :
The proposed rezoning is to accommodate a free standing 766
sq. ft. drive-thru and walk-up restaurant. Restaurants are
allowed as a permitted use within the PC and GC zone districts.
However, within the PC zone district, the minimum square footage
of a free-standing building is 6,000 sq. ft. , whereas, there is
no minimum square footage requirement within the GC zone
district.
The associated development proposal consists of the following:
* Installation of a 766 sq. ft. pre-manufactured modular,
commercial building.
* 650 sq. ft. of outside dining area;
* Two (2 ) drive-thru lanes and windows (one on the east
side and one on the west side of the building);
* 18 parking spaces along with associated landscaping;
* Elimination of 32 -. exist-Lng parking spaces to
accommodate the building and associated improvements.
Z 0 N I N G 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.
IFUTURE LAND USE MAP: I The use or structures must be allowed in
the zoning district and the zoning
district must be consistent with the land use designation.
The subject property has a General Commercial land use plan
designation and is currently. ,zoned PC (Planned Commercial-).- The
proposed zoning of GC (General Commercial) is compatible with
the General Commercial land use plan designation. Thus, it is
appropriate to make a positive finding with respect to
consistency with the land use plan designation.
P & Z Board Staff Report
Rezoning PC to GC for Checkers Restaurant
Page 3
I CONCURRENCY: I 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 and Sewer:
Water and sewer plans are not required for a rezoning request,
however the following information is provided:
* Existing 10" water mains are located along the south side
of Linton Boulevard and the west side of S.W. 10th Avenue.
An existing 8" water main is located on the Linton
International Plaza site, to the east of the Carney Bank
building.
* Additional fire hydrant locations may be required.
* An existing 8" sanitary sewer main is located to the south
of the proposed structure within an existing utility
easement. -~
--~ .-
Drainage:
With the development of the Linton International Plaza, drainage
was accommodated via sheet flow to swale and landscape areas.
The change in zoning does not affect Drainage concurrency.
Drainage details will be addressed by SPRAB (Site Plan Review
and Appearance Board), with the full site plan submittal.
Streets and Traffic:
A traffic impact study was not provided with the rezoning
request. The uses permitted in the PC and GC zoning districts
are of a similar intensity, and a traffic analysis is not
required at this level. However, with a full site plan
submittal, a traffic impact study must be provided and a
positive finding of concurrency with respect to traffic must be
made.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. The open space requirements may be met by applying
Section 4.6.16(H)(3) (Perimeter and Interior Landscaping
Requirements). These requirements must either be met or
appropriate waivers or variances obtained with the full site
plan submittal. A minimum 25% non-vehicular open space shall be
provided.
'.
P & Z Board Staff Report
Rezoning PC to GC for Checkers Restaurant
Page 4
Solid Waste:
There is no difference in allowable uses between PC and GC
zoning; thus there is no impact with respect to concurrency.
lCONSISTENCY: I Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning
Actions) along with required findings in Section 2.4.5 (D)( 5)
(Rezoning 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.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning has improvements on
it. Where existing strip commercial areas or zoning
exists along an arterial _streetL consideration should be
given to increasing the depth of the--commerclar-zon.1ng -tn-- --
order to provide for better project design. (Land Use
Element A-1. 3)
If rezoning from PC to GC is approved, the minimum building
size requirement of the PC zone district (6,000 sq. ft. )
will be removed. That requirement generally prohibits fast
food restaurants which are typically located within a free
standing structure of less than 6,000 sq. ft. Construction
of a similar restaurant, attached to the existing
structure, would not be prohibited since the requirement
deals with floor area and not use. Based on the
information provided, the proposed restaurant will not
create the need for additional ingress/egress points, which
is a concern with strip commercial development. The depth
of the property (230 feet) is sufficient to accommodate the
proposed development without compromising code requirements
i.e. adequate interior traffic circulation, parking and
landscaping.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new"use. . .....---- ---.
The proposed use is compatible with the adjacent commercial
and office uses provided the building's architectural style
is similar to the existing commercial development.
Pursuant to Section 4.6.18 (Architectural Elevations)
outbuildings within a shopping center shall be compatible
in terms of color, materials, and architecural style. With
review of the building elevations, the Site Plan Review and
Appearance Board must make a finding of compatibility prior
to approval of outbuilding elevations.
P & Z Board Staff Report
Rezoning PC to GC for Checkers Restaurant
Page 5
Compatibility with the existing residential developments to
the north (southridge Village Condominium) and south
(Laver's North) is not a major concern. However, the
sketch plan shows two drive thru windows which have a
north/south orientation with vehicles facing north. To the
east, the existing Carney Bank has drive thru lanes
oriented the same direction. The Bank drive thrus are
typically closed after 6:00 P.M. The Checkers will be open
until approximately 11: 00 P. M., thus headlights will be
illuminating north towards the condominiums. As the condos
are north of a perimeter wall and approximately 300' north
of the drive thru windows the affects of illumination
should be minimal.
Section 2.4.S(D)(S) (Rezoning Findings):
Pursuant to Section 2.4.S(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning_hac1pre.vJ.ously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
"The reason this rezoning request is being proposed is to
accommodate the construction of a 766 sq. ft. Checkers
dri ve-through restaurant at the west end of the Lavers
Plaza #2 plat. Currently the property is zoned PC which
requires that all buildings be a minimum of 6,000 square
feet. The proposed facility will be both physically and
functionally compatible with the existing office building
on the site and will improve the economic viability of the
project. The location and design of the Checkers facility
will not adversely impact the office uses on,.the~site.-., In
fact, the tenants of the office building have expressed
their pleasure with the proposal. The property is
designated as commercial in the City's Comprehensive Plan
and General Commercial zoning is completely consistent with
PC zoning uses which surround the site and are predominant
in the area. The proposed use will provide a comfortable,
clean, efficient and inexpensive place for workers in the
surrounding area, as well as area residents, to obtain
'.
P & Z Board Staff Report
Rezoning PC to GC for Checkers Restaurant
Page 6
and/or eat meals. The architecture of the proposed
building will be compatible with the adjacent and
surrounding buildings. Therefore, the proposed rezoning is
consistent with the high intensity commercial zoning that
exists on the property now. The use will provide a needed
and compatible service to the area and the appearance of
the facility will be compatible with the existing character
of the area."
The justification statement appears to address the third
finding, that is, that the requested zoning is of similar
intensity as allowed on the Future Land Use Map and that it is
more appropriate for the site. The uses allowed under GC zoning
are similar in intensity to the PC zoning. However, whether or
not the GC zoning is more appropriate based upon circumstances
particular to this site is questionable. Given the fact that a
similar commercial use could be added on to the existing
structure under the current zoning, the GC zoning is at least ~
appropriate as the PC zoning. .
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted. -- -. --<--- -- - ----- - - --- - --
Land Use Element Objective A-I - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate ans complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs. (bl,
b3)
A. Physical Considerations - There are no special
physical or environmental charactersitics of the land
that would be negatively impacted by the requested
zoning.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary with the adjacent commercial
uses and should not adversely impact the residential
uses to the north and south.
C. Fulfills Remaininq Land Use Needs - There are two
existing fast food restaurants (McDonald's and
Kentucky Fried Chicken) and three more proposed
(Wendy's, Taco Bell & Arby's) along the south side of
Linton within this area. These restaurants are being
built in response to recent market changes in the
general area, such as the development of residential
communities and nearby commercial developments. The
placement of fast food and other restaurants adjacent
to retail centers allows for the combining of trips
and provides a convenience to residents in the area.
P & Z Board Staff Report
Rezoning PC to GC for Checkers Restaurant
Page 7
Land Us e Element Objective A-1.3 - Additional strip commercial
zoning on vacant properties shall be avoided. This policy shall
not preclude rezonings on land that at the time of rezoning has
improvements on it. Where existing strip commercial areas or
zoning exists along an arterial street, consideration should be
given to increasing the depth of the commercial zoning in order
to provide for better project design.
This objective was included under "Standards for Rezoning
Actions" (Section 3.3.2) which was discussed on page 4 of this
report.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Rezoning is approved, a full site plan submittal
complying with the Land Development Regulations will be
required. A sketch plan was submitted with the rezoning request
which shows a take-out window along Linton Boulevard and a
drive-thru window along S. W. 10th Avenue. It is noted that
pursuant to Section 4.6.18(B)(9), "take-out" or "pick-up"
windows or doors of retail or wholesale establishments shall not
be located on a building facade that faces a public
right-of-way, unless they are designed in a manner as to be an
aesthetic asset to the building and neighborhood. This is an
item that will be addressed with SPRAB review of the full site
plan submittal.
REV I E W B Y o THE R S .
.
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) , the DDA (Downtown
Development Authority) , or the HPB (Historic Preservation
Board) .
-.- - - --.,. - - - deve-lopment-
If the rezoning is approved, a site plan for the
will be submitted for review by the Site Plan Review and
Appearance Board.
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Courtesy notices were
provided to the tenants of Linton International Plaza. Letters
of objection, if any, will be presented at the Planning and
Zoning Board meeting.
'.
P & Z Board Staff Report
Rezoning PC to GC for Checkers Restaurant
Page 8
ASS E SSM E N.T AND CON C L U S ION .
.
Rezoning from PC to GC will allow development of a free standing
building having less than 6,000 sq. ft. With respect to
Consistency findings, given the configuration of the property,
it may be argued that any development of a strip commercial
nature; and hence contrary to Land Use Element Policy A-l.3.
However, normal features of strip development such as seperate
ingress/egress will not occur. Further, the architectural style
of this structure must be compatible with Linton International
Plaza, which will provide uniformity and less contrast.
Positive findings with respect to the Future Land Use Map can be
made. If the rezoning is approved, a traffic impact study must
be submitted which addresses Traffic Concurrency. Positive
findings with other level of service standards and the Land
. Development Regulations are anticipated with the full site plan
submittal.
A L T ERN A T I V E ACT ION S .
.
A. Continue with direction.
- -. .. - -------~ - - ---- ~-
.- --- --- --
B. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
standards) of the Land Development Regulations, policies of
the Comprehens i ve Plan, and Section 2.4.5 (E) (5) .__
C. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed.
S T A F F R E COM MEN D A T ION :
Recommend approval of the rezoning request based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(E)(5).
Attachments:
* Location Map
* Sketch Plan
T:RECHECK.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: iUrl~CITY MANAGER
~
SUBJECT: AGENDA ITEM # /OlS - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 45-92
DATE: September 18, 1992
This is a first reading of an ordinance rezoning and placing land
presently zoned RM (Multiple Family Residential) district in R-1AA
(Single Family Residential) district; said land being all of the plat
of Simmons Cay located on the west side of State Road A-I-A, just
south of Vista Del Mar Drive.
The rezoning involves two parcels of land which are under separate
ownership and which were previously combined under the Ocean Cay plat.
Subsequently, one of the property owners submitted the Simmons Cay
plat to allow for the sale and development of a single family home on
the northern parcel.
At the July 21st regular meeting the Simmons Cay boundary plat was
approved along with a request for City initiated rezoning of both the
Simmons Cay and Ocean Cay plat from RM to R-1AA. The Planning and
Zoning Board will consider this item at their September 21st meeting.
A report of the Board's findings and recommendations will be, presented
at Tuesday evening's meeting, A detailed staff report is attached as
backup material for this item.
Recommend approval of Ordinance No, 45-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
fC1.oodR- 6-0
"
I
.---.---.<---
,
ORDINANCE NO. 45-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL)
DISTRICT IN THE R-lAA ( SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING ALL OF THE PLAT OF SIMMONS
CAY, AS RECORDED IN PLAT BOOK 69, PAGE 100 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER
WITH A PORTION OF THE PLAT OF OCEAN CAY, AS RECORDED IN
PLAT BOOK 50, PAGE 59 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the R-1AA (Single
Family Residential) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
All of the Plat of Simmons Cay, as recorded in Plat
Book 69, Page 100 of the Public Records of Palm Beach
County, Florida.
Together with:
The South 65.5 feet of Plat of Ocean Cay of Delray, as
recorded in Plat Book 50, Page 59 of the Public Records
of Palm Beach County, Florida (Less the North 60.00
feet of the Easterly 224.26 feet) .
Together with:
The North 60 feet of the South 65.5 feet of the
Easterly 224.26 feet of the Plat of Ocean Cay of
Delray, as recorded in Plat Book 50, Page 59 of the
Public Records of Palm Beach County, Florida.
The above-described parcel contains 1.36 acres of land,
I more or less.
I
!I The subject property is located on the west side of
State Road A-I-A, just south of Vista Del Mar Drive,
I! Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
I the City of Delray Beach, Florida, to conform with the provisions of
I Section 1 hereof.
I Section 3. That all ordinances or parts of ordinances in
i conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid.
.
.
.
-
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARD~EN CITY MANAGER
, ~
'----=-~~ O~\~
THRU: DAVID J. KOVACS, DIRECTOR
~RTMENT OF :LANNING AND ZONING
FROM: PA~O~LANNER II
SUBJECT: MEETING OF SEPTEMBER 22, 1992
ORDINANCE REZONING 1.36 ACRES ON THE WEST SIDE OF
STATE ROAD A-1-A JUST SOUTH OF VISTA DEL MAR DRIVE
FROMRM (MULTIPLY FAMILY RESIDENTIAL) TO R-1AA (SINGLE
FAMILY) .
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance affecting Tract A of
Simmons Cay Plat along with the balance of Ocean Cay Plat
from RM (Multiple Family Residential) to R-1AA (Single
Family) .
The property is approximetetly 1.36 acres and located on
the west side of State Road A-1-A just south of Vista Del
Mar Drive.
BACKGROUND:
The rezoning involves two parcels of seperate ownership which
were previously combined under the Ocean Cay plat. The two
owners were unable to reach an agreement to jointly market the
property. The northern parcel owner submitted the Simmons Cay
Plat to allow the sale and development of the parcel for a
single family home. On July 21, 1992 the City Commission
approved the Simmons Cay boundary plat. At that July 21, 1992
the City Commission initiated rezoning of both the
Simmons Cay plat along with the balance of the Ocean Cay plat
from RM (Multiple Family Residential) to R-1AA (Single Family
Residential).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
their regular meeting of September 21, 1992. As this
documentation was written prior to the meeting a verbal report
on the Planning and Zoning Board action will be provided at the
City Commission meeting.
,.
.
City Commission Documentation
Ocean Cay - Ordinance Rezoning 1.36 Acres
Page 2
RECOMMENDED ACTION:
By motion, approve the ordinance on first reading to rezone
Tract A of Simmons Cay along with the balance of Ocean Cay Plat
from RM (Multiple Family Residential) to R-1AA (Single Family).
Attachment:
* P&Z Staff Report
PD/CCRECA')IlDOC
.
'.
PLANNING & ZONING BOARD
CITY OF OELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: SEPTEMBER 21, 1992
AGENDA ITEM: IV. A.
ITEM: REZONING (RM TO R-l-AA) FORMER OCEAN CAY PLAT PROPERTY,
NORTH OCEAN BOULEVARD (A-l-A)
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GENERAL OAT A:
Owners.... ....................William Knowlton and Chris
Salmonson.
Location......................West side of Ocean Boulevard,
south of Vista del Mar Drive.
Property Size.................1.37 acres
City Land Use Plan............Residential - Medium Density (5-12
d.u./acre)
Existing Zoning...............RM (Multiple Family Residential -
Medium Density)
Proposed Zoning...............R-1AA (Single-Family Residential)
Adjacent zoning........North: R-1AA (Single-Family Residential)
East: OS (Open Space)
South: RM
West: RM
Existing Land Use.............Single Family Residence and
Vacant.
Proposed ~and Use.............Two Single Family Residences.
Water Service........... .'.... .Existing on site.
~
Sewer Service.................Existing on site. TIl. f1
-,,-_._-_._--,.
,.
,
I T E M B E FOR E THE BOA R 0:
The action before the Board is that of making a recommendation
on a rezoning request from RM (Residential Medium) to R-1AA
(Single Family).
The subject property is Tract A of Simmons Cay (replat of a
portion of Ocean Cay) along with the balance of the Ocean Cay
plat located on the west side of State Road A-1-A just south of
Vista Del Mar Drive.
B A C K G R 0 U N D:
The property is made up of two parcels with one parcel
containing a single family home and a garage which were
constructed prior to 1962 and the other vacant. On May 21, 1984
the Planning and Zoning Board recommended approval of a 13 unit
multi-family development named Ocean Cay which incorporates both
parcels. On August 20, 1984 the Planning and Zoning Board
recommended approval of the Ocean Cay final plat. On June 12,
1984 and August 28, 1984 the City Commission approved the 13
unit multi-family development and final plat respectfully.
The development was not constructed and the site plan expired on
December 12, 1985. In October 1991, during City wide rezonings
associated with the adoption of the LDR's the property (Ocean
Cay Plat) was rezoned from RM-15 to RM. On December 16, 1991
Mr. Salm.onson purchased one parcel, the, south 60' of the
property, from North Ocean Corporation. The remaining portion
of the Ocean Cay Plat, the north 100' of the Ocean Cay plat,
went into foreclosure with the First Union National bank.
Both the bank and the owner of the south parcel have inquired as
to the development potential of the individual parcels. Both
were informed by the Planning and Zoning Department that the
Ocean Cay plat represents one parcel, the dividing of which
constitutes an illegal subdivision. Planning staff notified the
two owners that they would have to submit an application to
legally subdivide the Ocean Cay property.
First Union bank was not able to negotiate an agreement with the
owner of the south parcel to jointly market or develop the
entire property. In June, 1992 in 'order to allow the sale and
development of the north 100' parcel as a single family home,
the bank submitted a boundary plat called Simmons Cay. The
Simmons Cay boundary plat was approved by City Commission on
July 21, 1992. On July 21, 1992 the City Commission initiated a
rezoning of the Simmons Cay plat along with the balance of the
Ocean Cay plat from RM (Multiple Family Residential) to R-1AA
(Single Family Residential).
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P&Z Staff Report
Simmons Cay
Page 2
PRO J E C T DES C RIP T ION:
The rezoning request involves approximately 1. 36 acres and is
made up of two parcels. The northern parcel which was recently
platted as Simmons Cay contains 33,605 sq. ft. (100' x 336 I ) .
The southern parcel is occupied by an existing single family
home and is approximately 25,440 sq. ft. (60' x 424').
Z 0 N I N G 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 current Future Land Use designation for the entire
property is Medium Density (5-12 units to the acre)
residential. The requested zoning change is from RM
(Residential Medium) to R-1AA (Single Family) . The
allowable zoning designations which are deemed consistent
with the Medium Density Land Use designation are:
- RM Medium Density Residential (existing zoning)
- CF Community Facility
- R-1 Single Family Residential
- RL Residential Low Density
- PRD Planned Residential Development
The proposed zoning designation of R-lAA is consistent with
the current Future Land Use designation. The existing
single family use on the south parcel and the proposed
single family use on the north parcel are allowed under
R-lAA zoning district.
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.
P&Z Staff Report
Simmons Cay
Page 3
The development potential under the current RM zoning is a
maximum of 16 units (entire Ocean Cay plat) while the
development potential under the proposed R-1AA will be 2
units. Water and sewer service is available. There is no
problem with concurrency.
Streets and Traffic: Pursuant to Section 2.4.5(D) with all
rezoning requests traffic information is required which
addresses the development of the property under reasonable
intensity pursuant to the existing and proposed zoning.
As indicated above the development potential diminishes with
the rezoning of the properties to R-1AA. The traffic generation
for 16 units would be approximately 160 daily trips while 2
units would generate approximately 20 daily trips.
Consistency: Compliance with the performance standards set
forth, in Section 3.3.2 (Standards for Rezoning Actions) along
with required findings in Section 2.4.5(D)(5) (Rezoning
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.
section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
This rezoning petition is in a neighborhood which is
designated as a stable residential area. As the rezoning is
to a less intensive residential designation and is similar
to the uses to the north and west, a positive finding can
be made.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is currently zoned RM (Residential
Multiple Family) . To the north is property zoned R-1AA
(Single family Residential) , to the west and south is RM
(Residential Multiple Family), and to the east is A-1-A and
the Atlantic Ocean. The surrounding land uses are single
family homes to the west and north, Dorchester Condominiums
to the south and the ocean to the east. The zoning change
will enhance the properties compatible with the adjacent
single family uses to the north and the west and is
compatible with the adjacent RM uses to the south.
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P&Z Staff Report
Simmons Cay
Page 4
LOR COMPLIANCE:
Section 2.4.5(0)(5) (Rezoninq Findings):
Pursuant to Section 2.4.5(0)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is .
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicable reasons are band c pursuant to the following:
The change in circumstances that make the current RM
(Multi-family Residential) zoning inappropriate is the
division of the property into the original two parcels.
With the division, the development intent for Simmons Cay
is for a single family home. The remaining south parcel's
(60 'x 424' ) configuration does not lend itself to RM
development. The need to provide dedicated access to the
rear of the property as well as compliance with RM setbacks
of between 15' and 25' will prohibit development under the
existing zoning. A 60' lot of this configuration is better
suited to single family development.
The R-1AA zoning district is of lesser intensity as the
underlying Land Use Designation and is more appropriate
given the current configuration (dimensions) of the south
parcel. With respect to the northern parcel the R-1AA
zoning district is more appropriate given the declared
intent to construct a single family home on the property.
Section 4.3.4 (R-1AA Development Standards Matrix):
The R-1AA district requires a minimum lot size of 9,500 sq. ft. ,
lot width of 75', lot depth of 100', and lot frontage of 75'.
The Simmons Cay replat will meet all of the above dimension and
size requirements. The remaining south 60' of the Ocean Cay
plat will meet all requirements except the minimum frontage and
width requirements. The south parcel is considered a lot of
record as the original division occurred prior to the adoption
of the Subdivision Code in November, 1977. Given this factor
the parcel is considered a lot of record and can be developed
for uses allowed under the R-1AA zoning district pursuant to
Section 4.1.4 (uses of Lots of record).
-------.---,......--,.., ~_._---~._-~-_.._-
.
P&Z Staff Report
Simmons Cay
Page 5
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Housing Element: Policy A-1.4
For those areas identified as "Stable" on the Residential
Neighborhood Categorization Map the following policy applies:
That these neighborhoods be identified as "stable
residential" on the Housing Map, that the most restrictive
residential zoning district which is applicable is affixed
on the zoning map, and that requests for rezoning to a
different zone designation, other than Community Facilities
be denied.
Given the dimensional restrictions on development the potential
on the south parcel and the proposed use of the north parcel
(Single Family home) the most restrictive zoning designation
which is applicable for this property would be R-lAA (Single
Family) .
Coastal Zone Element: Policy C-3.2
There shall be no change in the intensity of land use within the
barrier island and all infill development which does occur shall
connect to the City's storm water management system and sanitary
sewer system.
The rezoning will result in a reduction in potential
intensity under redevelopment and would further the above
Coastal Element Policy.
REV I E W B Y o THE R S:
The rezoning 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) .
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to each of the property owners of record.
A courtesy notice has been sent to Sandy Almy of the Beach
Property Owners who has requested notification of petitions in
that area.
'.
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P&Z Staff Report
Simmons Cay
Page 6
ASS E SSM E N T AND CON C L U S ION:
The rezoning action was initiated by the City Commission to
bring the zoning map designation into conformity with the
proposed use of the north parcel (Simmons Cay) and the
development potential of the southern parcel. Given the changes
in circumstances for these properties the proposed zoning of
R-1AA is the most appropriate.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend denial of the rezoning with reasons stated.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.S(E)(S).
S T A F F R E COM MEN D A T ION:
Recommend approval of the rezoning request based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.S(E)(S).
Report prepared by: g1!.rling 1/11'f1--
Reviewed DJK on:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: IU!JCITY MANAGER
SUBJECT: AGENDA ITEM # /(J. ~ - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 48-92
DATE: September 18, 1992
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.4.15 "Planned Office
Center (POC) District" , Subsection (G) , "Supplemental District
Regulations", to provide that the first ten feet of the front yard
setback ,adjacent to a right-of-way shall be a landscape area.
This subject was raised by the Site Plan Review and Appearance Board
during review of the preliminary development plans for the South
County Professional Office Center on S. Military Trail.
The Planning and Zoning Board will consider this item at their
September 21st meeting. A report will be made of the Board's findings
and recommendations at Tuesday evening's meeting. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 48-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
POMLd- 6-0
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,
._.~--~-"--_.-
,.
ORDINANCE NO, 48-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 4.4.15, "PLANNED OFFICE
CENTER (POC) DISTRICT", SUBSECTION (G) ,
"SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE
THAT THE FIRST TEN FEET OF THE FRONT YARD SETBACK
ADJACENT TO A RIGHT-OF-WAY SHALL BE A LANDSCAPED
AREA; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations",
Article 4,4, "Base Zoning District", Section 4,4,15, "Planned
Office Center (POC) District", Subsection (G), "Supplemental
District Regulations", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
.
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in
Article 4.6 shall apply except as modified by, or
added to, as follows:
(1) All/t~~_!t~4/.~t~.i~/.t~../.~.11/~~
1.ri..i.p~./~ii~pt/t6t//.t~./4.i6t~.//t6 The first
ten (10) feet of the front yard setback which is
adjacent to a right-of-way shall be a landscaped
area. Within this area, no paving shall be
allowed except for access drives and pedestrian
ways which should be generally perpendicular to
the property lines,
(lJ//At/l~..t/tw~rit1ft!i~/p~ti~rit//(l'%J
6t/t~./'0e/.~.11/~~/!ri/l.ri..i.p~4/.t~..//~iil_4!rig
1.ri..i.p!rig/w~!i~//!./t~~.!t~4//w!t~!ri/.ri4//.t6_ri4
pU'U;.g/ U~.iJ
Section 2, That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed,
Section ), That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not effect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED on second and final reading on this
the day of , 1992,
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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jj
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDE~TY MANAGER
-. ,." ~~ ~~~
~~,........ ()~c......c...-~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 22, 1992
LDR Text Amendment Re Chanqes to Special Development
Requirements in the POC Zone District.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first readinq of an Ordinance which modifies
the special supplemental district regulations for the
POC Zone District
BACKGROUND:
This subject was raised by SPRAB during review of preliminary
development plans for the South County Professional Office
Center on S. Military Trail. Please see the attached Planning
and Zoning Board staff report for details.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, September 21st. In order to accommodate
expedient processing of the final site plan and since further
review can be accommodated at second reading, the item has been
placed on this agenda.
RECOMMENDED ACTION:
Approval on first reading.
Attachment:
* P&Z Staff Report & Documentation of September 21, 1992
DJK/CCPOC.DOC
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.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 21, 1992
AGENDA ITEM: IV.G.J. TEXT AMENDMENT DELETING AND AMENDING
SPECIAL SUPPLEMENTAL DISTRICT REGULATIONS WITHIN
THE POC (PLANNED OFFICE CENTER) ZONING DISTRICT
ITEM BEFORE THE BOARD:
The i tern before the Board is that of making a
recommendation to the City Commission on a proposed text
amendment deleting and amending special supplemental
district regulations in the POC (Planned Office Center)
zoning district [Section 4.4.15(G)(1) and (2)].
BACKGROUND:
This amendment is being proposed by the Site Plan Review and
Appearance Board following the initial review of the site plan
for Phase II of the South County Professional Office Center.
This site plan is only the second project to be proposed for
development within a POC zoned district. Other sites in the City
which are zoned POC, such as Congress Park, the Atrium Center,
and Delray Shores, were actually developed under previous zoning
classifications. The POC zone replaced the former POI zone in
1985, and was subsequently applied to those POI sites. "The
Commons" on West Atlantic has been approved per POC standards.
The POC zoning district provides for the concentration of office
and support uses which are developed and managed under unified
control. It is generally intended for relatively large scale
developments on sites having three or more acres.
The POC zoning requires a 30 ft. front and street side setback,
and a 10 ft. rear and interior side setback. The supplemental
regulations within the district require that those setbacks be
landscaped; that is, parking and other surface improvements may
not be installed within those areas. The supplemental
regulations also require that at least 25% of the entire site be
provided in landscaped areas, over and above the required
landscaping wi thin and around parking areas. Both of these
regulations are more stringent than the requirements of most of
the City's other non-residential districts, including GC
(General Commercial), PC (Planned Commercial), MIC (Mixed
Industrial and Commercial), and I (Industrial). An analysis of
the supplemental regulations is provided below.
~.(,-\~.
'.
P&Z Staff Report: Agenda Item IV.G.3.
Meeting of September 21, 1992
Page 2
ANALYSIS:
PCC Supplemental Regulation 4.4.15(G)(1) All required
setback areas shall be landscaped except for area devoted
to access drives and pedestrian ways which should be
generally perpendicular to the property lines.
The eftect of this provision is to prohibit parking within the
front, rear, or side setbacks, which places significant design
constraints on a site. While it is desirable to have large
landscaped buffers surrounding commercial and office buildings,
this requirement is more restrictive than what is needed for the
types of development permitted in the POC district. The uses
allowed (Le. medical, professional, financial offices) are of
the type and intensity that would be adequately buffered by the
existing regulations in the City's landscape ordinance. That
ordinance requires that all parking areas be surrounded by a
five (5 ) ft. landscape buffer which must include hedges and
trees. In addition to the landscape ordinance, there are
special setbacks required along the City's major arterial roads,
within which no parking may be installed. Several of the POC
zoning districts are located along those roads, and would be
subject to those requirements.
In the GC, I, and PC zoning districts, a ten (10) ft. landscaped
setback is required in the front yard adjacent to a
right-of-way. This standard would be sufficient for development
in the POC district as well. It would be appropriate to replace
the current supplemental district regulation with this standard.
POC Supplemental Regulation 4.4.15(G)(2) At least
twenty-five percent (25') of the POC shall be in landscaped
areas excluding landscaping which is required within and
around parking areas.
As with the first regulation, most of the other non-residential
districts in the City, including those which allow more intense
uses, are governed by a less stringent open space requirement
than that of the POCo Within all of the commercial and
industrial zones, there is a requirement that 25% of a site be
maintained in open space. However, the landscaping within and
around vehicular areas may be counted toward that requirement.
Again, the result is an additional constraint in the POC
district which is not justified by the type or intensity of the
allowable uses.
P&Z Staff Report: Agenda Item IV.G.3.
Meeting of September 21, 1992
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD
This item was considered by the Site Plan Review and Appearance
Board at its meeting of september 16, 192. The Board voted
unanimously to recommend that POC supplemental regulation
4.4.15(G)(1) be replaced with the language in the Section
4.4.9(H)(1) of the GC zoning district, which requires a 10 ft.
landscaped front yard (see exact language below) . The Board
also voted unanimously to recommend that POC supplemental
regulation 4.4.15(G)(2) be deleted.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the special
supplemental district regulations of the POC zoning district
Section 4.15.G.(2) be deleted from the LDRs, and that Section
4.4.15(G)(1) be amended to read as follows: .
(G) (1) The first ten feet of the front yard setback which
is adjacent to a right-of-way shall be a landscaped area.
Within this area, no paving shall be allowed except for
driveways and walkways which shall be generally
perpendicular to the property line.
Attachments:
* Draft ordinance language
Report prepared by: Diane Dominguez, Planner III
Reviewed by DJK on: ~-\\-~"2-
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TEXT AMENDMENT TO
POC SUPPLEMENTAL DISTRICT REGULATIONS
Section 4.4.15
(G) supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply
except as modified by, or added to, as follows:
( 1 ) 1.11 te~nItelll zen~aiK ateaz ztiall kSe lari0ziape0
eXiept t~t atea 0ew~te0 t~ The first ten feet of the front yard
setback which is adiacent to a right-of-way shall be a
landscaped area. Within this area, no paving shall be allowed
except for access drives and pedestrian ways which should be
generally perpendicular to the property lines.
.
{21 l.t leazt t,,*erit1ftIwe petierit {2S!1 ~t ttie P0e
ztiall kSe Iri larilllziapelll ateaz exilnllllri~ lari0ziapIri~ "*tiIiti Iz
te~nIte0 ,,*lttiIri ari0 at~nrilll patKIri~ ateazi
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[IT' OF DElRA' IEA[H
CITY ATTORNEY'S OFFICE MEl21QIlA~R~ENuE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
Date: September 22, 1992
To: City Commission
From: Jeffrey Kurtz, City Attorney
Subject: Ge1co Property on Conqress Avenue
There are three cases filed which affect the Gelco property.
The first case, 89-3817, is filed against Mr. Ellison who
leases the portion of the property onto which Gelco expanded in
1991. The Code Enforcement Board cited him with violations of
the City's code which require site plans to be approved prior
to expansion onto property. Mr. Ellison is also cited for
improper storage of cars and trailers, no off-site parking, no
on-site parking, and no proper screening of storage.
The second case is 91-6811, which is against Mr. Ellison, Mr.
Sendzimir, Mr. Wolf and Gelco. Mr. Sendzimir owns the southern
portion of the property at issue. Gelco expanded its opera-
tions onto his property pursuant to Commission approval in
1991. Mr. Wolf owns the north portion of property on which
Gelco is---.operating its business. The parties in this case are
cited for violating code provisions with regard to outside
storage, parking on non-paved surfaces and structures not being
maintained in a safe condition.
The final case is 91-6812 which is solely against Gelco. This
case cites Gelco for violating their conditional use approval
which requires site plan approval prior to expansion onto the
property.
Mr. Sendzimir, who owns the south part of Gelco' s property,
died recently. His property is now being handled by his
estate. Mr. Wolf, owner of the north portion, was being
represented by Terrell Arline. Mr. Ellison leases the south
property from the estate of Mr. Sendzimir.
Apparently the parties are attempting to get a site plan
approved. The site plan must go through the Lake Worth Drain-
age District' s staff in order that they might approve the
off-site drainage. Digby Bridges has indicated that they are
going through this process, however, the drainage district is
not being very cooperative at this time. Once the Lake Worth
Drainage District approves the site plan, then it may be
brought to the City for the City's Board's approval.
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September 10, 1992
Page 2
The Code Enforcement Board last heard these cases on July 28,
1992. A Board Order was the issued on August 27, 1992 granting
the parties 120 days to comply with the site plan requirement.
I do not believe any fines are accruing at this time, however,
there may have been some fines which did accrue in the past.
Thus, the parties have until December 28, 1992 to comply with
the Board's requirements.
There are several options available to the City at this point
in time. Await the December Code Enforcement Board meeting to
see if Gelco has its site plan in order. If the site plan is
not prepared, the board could impose harsh sanctions. In the
alternative the City could seek rehearing before the Code
Enforcement Board, and have them reconsider their extension of
time. This would enable the board to impose fines prior to
December. Finally, the City could dismiss the cases before the
Code Enforcement Board and seek injunctive relief through the
courts.
Because staff believes the LWDD is at least partially responsi-
ble for the hold up on the approval of Gelco's site plan, we
would r~mmend that the Code Enforcement Board's order remain
in effect; however, if Gelco has not completed its site plan
improvements by December 28, 1992, we would recommend that the
Code Board impose maximum $250.00 per day fines.
DNT:sh
gelco.dnt
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