12-08-92 Regular
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 8, 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 a group presentation). 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, a citizen 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 hand end
of the dais. If for some reason you are not able to complete the
sign-in sheet prior to the start of the meeting, you will not be
precluded from addressing the Commission on an appropriate item The
primary purpose of the sign-in sheet is to assist staff with record
keeping. Therefore, when you come up to the podi um 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 a majority vote of the Commission members present.
City Commission Agenda
Meeting of December 8, 1992
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 proceed-
ings, and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes: Regular Meeting of November 17, 1992.
6. Proclamations:
A. Annual Toy Drive - November 27 through December 18, 1992.
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
ri. EXTENSION OF BANKING SERVICES AGREEMENT: Extend the Banking
Services Agreement with Barnett Bank until September 30,
1993.
jB. SECOND AMENDMENT TO THE SUBSIDIZED LOAN AGREEMENT: Approve
the Second Amendment to the Subsidized Loan Agreement between
the City, Community Redevelopment Agency, and First Union
National Bank.
/ C. WAIVER OF LANDSCAPE REQUIREMENTS: Waive the boundary
,/ landscape requirements for Lot 1, Ninth Street Associates.
J D. FINAL PLAT APPROVAL: Approve the final plat for the replat
of Lot 1, Ninth Street Associates.
/E. FINAL PLAT APPROVAL: Approve the final plat for the replat
of the S.D. Spady Elementary School property.
F. VEHICLE TRADE WITH THE CITY OF BOYNTON BEACH: Authorize the
'? trade of a 1987 Fire Rescue Rig, currently slated for
~ ~auction, to the City of Boynton Beach for a 1988 Ford
;> ~ Econoline Van.
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City Commission Agenda
Meeting of December 8, 1992
G. RESOLUTION NO. 133-92: A resolution assessing the cost for
abatement action necessary to remove nine ( 9) junked or
abandoned vehicles from properties located within the City.
H. RATIFICATION OF LIEUTENANTS' CONTRACT/FRATERNAL ORDER OF
POLICE: Ratify the Lieutenants' Contract with the Fraternal
Order of Police.
I. AWARD OF BIDS AND CONTRACTS:
1. Windscreens for Tennis Center - Premier Tennis Courts of
Florida in the amount of $11,660 with funding from General
Construction Fund - Tennis Center (Account No.
334-4145-572-63.41) .
2. Housing Rehabilitation - 813 S .W. 5th Avenue -
Intercontinental Construction Corporation in the amount of
$20,000 with funding from CDBG - Housing Rehab (Account No.
118-1963-554-49.19).
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by
the Planning and Zoning Board, Site Plan Review and
Appearance Board and the Historic Preservation Board during
q the period NO~92, through December 4, 1992.
AclcL .M... p~
~~B.~REQUEST TO ELIMINATE PUBLIC PARKING: Consider a request to
)f~ 0 eliminate the public parking on the north side of Lowry
\ ~,~~3Street between Basin Drive and the Intracoastal Waterway.
C. RESOLUTION NO. 134-92: A resolution naming the Boy Scout Hut
on Lake Ida Road in honor of Michael J. Machek, Jr.
D. RESOLUTION NO. 137-92: A resolution requesting financial and
o technical assistance from the Metropolitan Planning
5/ Organization to prepare the City's Transportation Mobility
Element.
A. AUTHORIZATION TO PROCEED WITH MARKET ANALYSIS/SILVER TERRACE:
Authorize staff to proceed with the market analysis
pertaining to the Silver Terrace redevelopment project.
..}/. ORDINANCE NO. 63-92: An ordinance adopting Comprehensive
Plan Amendment 92-2. Planning and Zoning Board recommends
approval.
J;. LAKE IDA MEDIAN: Authorize City Manager to meet with County
representatives regarding the County's latest proposal for
cost sharing and the design revisions.
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City Commission Agenda
Meeting of December 8, 1992
H. ./ CHANGE ORDER NO. 10/ELKINS CONSTRUCTORS, INC. : Consider a
change order in the amount of $10,381.25 to the contract with
Elkins Constructors, Inc. for miscellaneous changes in the
Water Treatment Plant Lime Softening Conversion project; with
funding from 1991 Water and Sewer Revenue Bond - Capital
Outlay Buildings (Account No. 447-5164-536-60.31) .
I. ./ PINEAPPLE GROVE PROJECT/FINAL PAYMENTS: Consider final
payments to Williams, Hatfield & Stoner, and ARZ Builders,
Inc. for completion of the Pineapple Grove beautification
project.
J.../ AUTHORIZATION TO APPEAL: Authorize the City Attorney to
appeal a decision reinstating the Circuit Court Case re
Graham/White v. City of Delray Beach.
K. / AWARD OF ANNUAL PIPE FITTINGS AND ACCESSORIES BID: Approve
the award of a portion of the annual pipe fittings and
accessories bid in the estimated amount of $71,517.60 to
various vendors; with funding from Water Treatment Plant
Equipment Maintenance (Account No. 441-5122-536-46.20) , and
Lift Station Equipment Maintenance (Account No. 441-5144-
536-46.20) .
L. / CONSIDERATION OF PAYMENT OF ATTORNEY'S FEES/AERO-DRI
LITIGATION: Consider paying attorney's fees for
representation during the Aero-Dri litigation and approve the
funding source.
M. ~SETTLEMENT OFFER/ATLANTIC PLAZA: Consider a settlement offer
from Atlantic Plaza.
N. /PURCHASE OF PORTABLE RADIOS: Authorize the purchase of 115
new portable radios for the Police Department.
10. Public Hearings:
A. ./ ORDINANCE NO. 64-92: An ordinance amending the
Waterford/Delint SAD in conjunction with the Builders Square
proposal. Planning and Zoning Board recommends denial.
(1) v/RESOLUTION NO. 132-92: A resolution amending the
Waterford DRI Development Order.
(2) /RESOLUTION NO. 135-92: A resolution requesting that the
Board of County Commissioners authorize the use of
certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford DRI.
(3) ./ RESOLUTION NO. 136-92: A resolution vacating and
abandoning certain rights-of-way and public easements
located within the boundaries of the Builders Square
project.
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City Commission Agenda
Meeting of December 8, 1992
(4) FINAL PLAT APPROVAL: Approve the final plat for the
Builders Square project located south of Linton
Boulevard, between I-95 and S.W. 10th Avenue.
B. ~ORDINANCE NO. 65-92: An ordinance amending Section 35.098 of
the Code of Ordinances to provide that employees or
beneficiaries of employees who retired prior to January 1,
1991, shall have their monthly retirement benefit increased
by 5% over the gross amount they were receiving in December"
1990; provided, however, that all retirees shall receive a
minimum monthly amount of $400.
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.
B. From The Public.
12. First Readings:
A. ORDINANCE NO. 66-92: An ordinance adopting by reference
certain provisions of the Uniform Fire Safety Codes, State
Fire Marshal Rules and certain minimum National Fire Safety
Codes. If passed, public hearing January 12, 1993.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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[ITY DF DELRAY BEAEH
100 N.W.1st AVENUE DELRAY BEACH, FLORIDA 33444 J07'24"'00'J
PROCLAMA TION
WHEREAS, every underprivileged child in Delray Beach
deserves the support of those more fortunate~ and,
WHEREAS, the Holiday Toy Drive allows businesses and
individuals the opportunity to donate to a cause within their
conununity~ and,
WHEREAS, difficult economic times may prevent children
from otherwise receiving Christmas presents~ and,
WHEREAS, hundreds of Delray Beach children will be
given gifts through the Holiday Toy Drive~ and,
WHEREAS, the Holiday Toy Drive Conunittee is a
non-profit, public interest body representing Delray Beach
businesses and the City of Delray Beach.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Conunission, do
hereby proclaim November 27 through December 18, 1993, for the
"ANNUAL TOY DRIVE"
in Delray Beach, and urge that attention be directed to the ways
in which individuals and businesses may contribute toys or money
so every underprivileged child in this city will have the
opportunity to participate in the joy of the holiday season.
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 8th day of December, 1992.
MAYOR
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGERP(v/1
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SUBJECT: AGENDA ITEM i ~ )1 - MEETING OF DECEMBER 8. 1992
EXTENSION OF BANKING SERVICES AGREEMENT
DATE: December 2, 1992
This item is before you to approve the renewal of the banking services
agreement with Barnett Bank of Palm Beach County until September 30,
1993.
The Bank has offered an agreement from now until September 30, 1994,
with the option to extend the agreement for an additional year by
mutual consent. It has been a number of years since we last took bids
for banking services. Therefore, I recommend entering into this
agreement to expire September 30, 1993, with the option to extend it
an additional year. Our intention then would be to take bids for
these services next summer. If it turned out not to be a good time
for bidding these services for whatever reason, we would have the
option of a one year extension.
Additionally, the City Attorney's office has modified the agreement to
provide that the total balance in the Master Account, over the target
set to pay for bank services, will be invested in either a Repurchase
Agreement or Money Market Fund.
Recommend approval of the extension of the banking services agreement
with Barnett Bank of Palm Beach County until September 30, 1993.
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CITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE _" ';\\' :q ,\\L>l:E . DELR......Y GE.\CfI, FLORIDA JJ~H
F_\l-.:-:,: \LLE~\;~ .: 7S"~"':,- 5 W~~t_~'. D~~_ot L~n_
(407) 243-7090
MEMORANDUM
Date: December 3, 1992
To: Cheryl Leverett, Agenda Coordinator ~
From: David N. Tolces, Assistant City Attorne
Subject: Amendment to Banking Services Agreement
Attached is the revised amendment to the Banking Services
Agreement. Please include this in the agenda for December 8,
1992.
Thank you.
DNT:sh
Attachment
bank1ng.dnt
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AMENDMENT TO THE BANKING SERVICES AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND
BARNETT BANK OF PALM BEACH COUNTY
THIS AMENDMENT, made and entered into this day of
, 1992, by and between the CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation, (hereinafter
referred to as "City"), and BARNETT BANK OF PALM BEACH COUNTY,
(hereinafter referred to as "Bank").
WIT N E SSE T H:
WHEREAS, the City and the Bank previously entered into a
Banking Services Agreement dated April 12, 1988 ( "Agreement" )
which was extended until October I, 1992; and
WHEREAS, the parties hereto desire to revise certain
provisiOh& of the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual obligations
of the parties as.set forth in the Agreement and as set forth
below, the parties agree to amend the Agreement as follows:
1- Section I of the Agreement is hereby revised to read
as follows:
I. BANKING AND TRUST SERVICES; TERM OF AGREEMENT
The Bank agrees to provide the banking services to
the City as set forth in this Agreement for a period of
one year, commencing on October I, 1992 and terminating on
September 30, 1993. The Agreement may be extended beyond
the contract term for up to an additional twelve (12)
months by mutual written consent. Either party shall have
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the option, however, to terminate the contract without
cause upon giving 120 days advance written notice to the
other party.
2. Section II, Paragraph A.1. of the Agreement is hereby
revised to read as follows:
The charges outlined in the cost of banking services
proposal as stated in Exhibit A to this Amendment shall
remain unchanged effective January 1, 1993 through
September 30, 1994. Pricing will be reviewed on an annual
basis thereafter. Additional services not listed in
Exhibit A which the Bank provides to the City will be
agreed upon at the time the service is implemented. FDIC
insurance fees are subject to adjustment if increased or
decreased by FDIC by the amount of the change. Negative
collected balances are calculated daily and charged at a
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rate of prime rate plus two percent.
3. Section V, Paragraph C, is hereby revised to read as
follows:
C. Sweep Type Account
The Bank will establish a Master Account and transfer
to the Master Account all collected balances in the City's
accounts at the close of each business day. The total
balance in the Master Account over the target set to pay
for bank services will be invested in either a Repurchase
Agreement or Money Market Fund, as described below,
pursuant to the City's instruction.
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1. Repurchase Aqreement - The minimum investment is
$100,000 with increments of whole dollars thereafter. It
is the City's understanding that Federal Reserve Board
Regulation provides that overnight investments in U.S.
Government securities backed repurchase agreements are not
considered "deposits" and are, therefore, exempt from
reserve requirements.
The interest rate established for the account shall
be determined from the average of the high and low federal
funds rate for the previous week, as published by Barnett
Ban~ and shall remain in effect until a new average rate
is published. The formula to be used for calculating the
amount for the daily repurchase agreement is Federal Funds
rate (x. xx,) minus .75.
U.S. Securities must be used as collateralization for
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: the Master Repurchase Agreement. The securities will be
deposited in the City's account with a third party of the
City's choice or in the Bank's account at the Federal
Reserve. Securities held at the Federal Reserve will be
in the Bank's name pledged to the City of Delray Beach.
Only the City's authorized signature will be acceptable to
release said collateral.
The securities used for collateralization must be in
the amount of $5,000,000 and must be at least 102% of the
overnight amount of the repurchase agreement. Any amount
in excess of the $5,000,000 must be invested in an over-
night repurchase agreement and must also maintain at least
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102% collateralization. The securities in excess of
$5,000,000 may be kept at a third party of the Bank's
choice. The Bank will provide a confirmation of
securities held as collateral for the Master Repurchase
Agreement.
The City reserves the right to purchase investments
through any other financial institution or broker it deems
appropriate.
2. Money Market Fund - The minimum investment is
$25,000.00 with increments of whole dollars thereafter.
The interest rate established for the account shall be
determined from the type of fund selected: Emerald
Treasury Shares or Emerald Prime Shares. Daily rates are
provided by calling 1-800-367-5905.
4. That all other terms and conditions of the Agreement
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dated April 12, 1988 between the parties, except as may be in
conflict with this Amendment, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have entered into
this Amendment as of this day and year first above written.
BARNETT BANK OF PALM BEACH
WITNESS: COUNTY
By:
(Signature of Witness)
(Signature printed or typed) (Signature printed or typed)
(SEAL)
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , 1992, 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 identification) as identification
and did (did not) take an oath.
Signature of Notary Public -
State of Florida
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Print, Type or Stamp Name of
Notary Public
CITY OF DELRAY BEACH, FLORIDA
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 t?ft!/
SUBJECT: AGENDA ITEM # 'bt:3 - MEETING OF DECEMBER 8. 1992
SECOND AMENDMENT TO THE SUBSIDIZED LOAN AGREEMENT
DATE: December 2, 1992
This item is before you to approve the Second Amendment to the
Subsidized Loan Agreement between the City, Community Redevelopment
Agency (eRA) and First Union National Bank. The proposed amendment
expands the Subsidized Loan Agreement program to include loans to any
owner and operator of any business located within the community
redevelopment area for the purpose of purchasing inventory, furniture,
fixtures and equipment, and tenant improvements to leased premises.
This Business Loan program will be administered solely by the CRA
under the following terms and conditions:
Business Loans: minimum/maximum loan amounts - $10,OOO/$50,000j
maximum term 60 monthsj interest rates fixed at prime rate on date of
closingj normal closing costSj application fee - $100
(unsecured)/$200 (secured) .
Exterior Rehabilitation loans: minimum/maximum loan amounts - single
family residential - $l,500/$10,OOOj two unit residential -
$l,500/$15,OOOj three or more units - $1,500/$5,000 per unit. There
is a maximum aggregate loan amount of $50,000 for all units owned by
one applicant. There are no fees for unsecured loansj normal closing
costs apply for secured loans.
Non-Residential Commercial Property Improvements: minimum/maximum loan
amount - $5,000/$20,000; normal closing costs.
The amended agreement has been reviewed by the City Attorney's office
and approved as to form.
Recommend approval of the Second Amendment to the Subsidized Loan
Agreement between the City, Community Redevelopment Agency and First
Union National Bank.
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SBCOND AKBNDKBNT TO SUBSIDIZBD LOM AGRBBKBNT
THIS SECOND AMENDMENT TO THAT CERTAIN AGREEMENT MADE AND ENTERED INTO on
the 1- day of ??I~f , 1992, by and between the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and
FIRST UNION NATIONAL BANK OF FLORIDA, hereinafter referred to as the "BANK," and
the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby
entered into this _ day of" , 19 - .
WIT N E SSE T H:
WHEREAS, the parties have heretofore entered into the above de.cribed
Agreement (the "Agreement") for the providing of a subsidized loan program ("the
Program"); and
WHEREAS, the CRA has amended its Redevelopment Plan to expand the "Program"
as contemplated in the Agreement to include loans to any owner and operator of
any business located within the community redevelopment area for purpose. of
purchasing inventory, furniture, fixtures and equipment, tenant improvement. to
leased premises, ("Business Loan" ) subject to the terms set forth in this
Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained the Agreement is hereby amended and restated in its entirety as
follows:
1- The CRA has committed certain funding in its budget fo= the _
Program and said fund. will be available to the various participating bank. on
first come first serve basi.. The funds will be committed to an individual bank
in accordanc~with the Program in the order of receipt by the CRA of a written
firm loan commitment to individually approved borrowers. For purposes of
determining the order of receipt, all loan commitment. will be deemed r.eceived
upon the physical receipt by the CRA at the office of its Executive Director.
Borrowers shall be limited to one loan per qualifying property or business.
2. The CRA will accept initial loan application. for the Program
from prospective borrowers and will approve or disapprove them, in the order of
receipt, solely on the basis of the proposed loan being for a qualified purpose
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as hereinafter defined in Exhibit "1\," to an owner occupied single family
residence or a non-residential commercial property ("Exterior Rehabilitation
Loan"), or, to a business owner whose business location lies within the
redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan
application will be forwarded by the CRA to the participating banks in rotating
order and upon receipt of the loan application approved by the CRA the respective
bank shall perform its underwriting evaluation for approval or disapproval. In
the event the BANK is provided with a eRA approved application and the BANK
approves such loan and issues a firm commitment therefore., the BANK shall
forthwith deliver to CRA, in care of its Executive Director, such loan
commitment.
3. Upon receipt of an approved loan commitment from the BANK,
subject to the availability of funds for the Program, the CRA shall deposit with
the BANK in an escrow account a sum equal to the interest obligation computed at
the stated note rate excluding any provision for default interest or late
payments. The BANK shall hold such funds in escrow pending the closing of the
loan with the borrower and upon closing the BANK shall be entitled to draw all
of such prepaid interest out of the escrow account. In the event the subject
loan is prepaid in full by the borrower, the BANK shall pay to the CRA within
thirty (30) days after such prepayment an amount equal to the unearned interest
as determined in accordance with a straight amortization schedule computed at the
note interest rate reflecting the interest due for the unexpired term of the 0
loan. The BANK expressly acknowledges and agrees that the CRA shall have no
liability for the payment or obligation for any sums of whatever nature other
than the initial interest paid into the escrow account as hereinabove provided.
The parties acknowledge that the CRA will not be entitled to any refunds of
interest on loan. which are not prepaid in full and are in default and have been
charged off by the BANK.
4. Upon the closing of a Business Loan with the borrower, the BANK
shall disburse the loan proceeds to the vendor providing the inventory, equipment
or tenant improvements. The borrower shall be required to submit original
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'\.,..d~ invoices to the BANK whereupon the BANK shall disburse such loan proceeds in
accordance with the loan agreement entered into between the BANK and the
borrower.
S. Upon the closing of an Exterior Rehabilitation
Loan with the borrower, the BANK shall disburse the loan proceeds jointly to the
borrower and the CITY. The borrower shall be required to endorse the loan
proceeds over to the CITY as disbursing agent whereupon the CITY shall hold and
disburse such loan proceeds in accordance with the loan agreement entered into
between the BANK and the borrower. The BANK hereby acknowledges and agrees that
the CITY shall have no liability or responsibility to the BANK except in the case
of its gross negligence or willful actions resulting in the disbursement of the
loan proceeds without requiring the alterations, repairs, or improvements to the
subject real prcperty having been properly completed.
6. The CRA and the BANK hereby agree that loans which wU 1 qualify
for the Program will be made upon the following terms and conditions:
A. Business Loans:
( i) Loan amount: ten thousand dollars ($10,000.00)
minimum to fifty thousand dollars ($50,000.00) maximum;
(ii ) Purpose: purchase of inventory, furniture,
fixtures, equipment, construction of tenant improvements to leased premises
within the community redevelopment area;
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(iii) Borrower Qualification: subject to bank's
underwriting standards;
(iv) Term: maximum term for loan shall be sixty (60)
months of equal principal payments;
(v) Interest rates: shall be fixed at the prime rate
as established by rirst Union Prime as of the date of closing;
(vi) re.s: normal closing costs including but not
limited to recording fees, Security Agreement, filing fe.., docum.ntary stamp
tax, intangible tax, etc., (these fe.s may b. financed as part of the Loan by the
BANK) . In addition, an application fee of one hundred dollars ( $1 00 . 00 ) for
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unsecured loans and two hundred dollars ($200.00) for secured loans shall be
levied by the BANK.
B. Exterior Rehabilitation Loans
Owner occupied single family residential home improvements:
(a) Single Residential Family Home Improvements:
( i) Loan amount on unsecured loans: one thousand five
hundred dollars ($1,500.00) minimum to ten thousand dollars ($10,000.00) maximum;
( ii) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five thousand dollars
($5,000.00) minimum to ten thousand dollars ($10,000.00) maximum;
(b) Two Unit Residential Improvements:
(i) Loan amount on unsecured loans: one thousand five
hundred dollars ($1,500.00) minimum to fifteen thousand dollars ($15,000.00)
maximum;
( ii) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five thousand dollars
($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum;
(c) Three or More Residential Units:
(i) Loan amount on unsecured loans per unit: one
thousand five hundred dollars ($1,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
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($50,000.00) for all units owned by one applicant.
( ii) Loan amount on secured loans per unit: two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(d) Purpose: qualifying alterations, repairs and/or
improvements to residential properties of the owner where the work substantially
protects or improves the exterior of the property as described in Exhibit "A;"
(e) Loan to value ratio: the maximum loan to value ratio
after the improvements and including all mortgages shall not exceed eighty five
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K'b- of the appraised value or one hundred twenty-five percent (125\)
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of the tax assessed value;
ef) Term: maximum term for both secured and unsecured shall
be sixty months (60) of equal principal payments;
e g) Interest rates: both secured and unsecured loans shall
be fixed at the Prime Rate as established by First Union Prime as of the date of
closing;
(h) Fees:
(i) Unsecured loans - none,
( ii) Secured loans - normal closing co.t. including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (the subject closing costs may
be financed by the BANK).
C. Non-Residential Commercial Property Improvements:
(i) Loan Amount: five thousand dollars ($5,000.00)
minimum to twenty thousand dollars ($20,000.00) maximum;
( ii) Purpos. : qualifying improvements of the exterior
of non-residential commercial properties as described in Exhibit "A;"
(iii ) Loan to value ratio: the maximum loan to value
ratio after the improvements and including all mortgages shall not exceed eighty
five percent (85') of the appraissd value or one hundred twenty-five percent
(125') of the tax. assessed value; .
( iv) Te~: sixty months (60) equal principal payments1
(v) Interest rates: both secured and unsecured loan
shall be fixed at the prLme Rate as established by First Union Prime as of the
date of closing;
(vi) Closinq costs: normal closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (these fees may be financed as
part of the loan by the BANK but the CRA will not be responsible for the interest
on the financing of such costs);
~
;1*
(vii) COllateral: The loans to be collateralized as the
BANK deems necessary. Personal guarantees will be required in all instances
unless waived by the BANK.
7. The BANK hereby agrees to commit a maximum pool of funds of one
million dollars (51,000,000.00), excluding the amounts of all loans made to date,
for the Loan Program for a period of one year (1) from the date of this Agreement
or until such pool of funds is exhausted through the making of Program loans.
8. It is mutually understood that the agreements and covenants
contained herein are severable and in the event any of them shall be held to be
invalid, this Agreement .hall be interpreted as if such invalid agreements or
covenants were not contained herein.
9. This Agreement shall be governed by and construed in accordanc.
with the laws of the. State of Florida.
10. If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney f~es, expen..., co.t. of appeal and necessary disbursements
in addition to any other relief to which it may be entitled.
11. The rights and benefits of this Agreement shall not be
transferable by any party without the written consent of the other.
WITNESSE~:
.
WITNESSES: FIRST UNION NATIONAL BANK or FLORIDA
[ By: 14~J Q ~~t~A
n,~r/~,--
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"--~c: CITY OF DELRAY BEACH
By:
Thomas E. Lynch. Mayor
Attest:
By:
City Clerk
Alison MacGregor Harty
Approved .e to fOr.::: ~
BY'~'
Asst. city Attorney
David: N. Tolces
.
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EXHIBIT "1\"
1- The following are authorized under the Business Loan:
a. Inventory;
b. Furniture, fixtures and equipment;
c. Tenant Improvements;
d. signage;
2. The following external improvements to property are authorized under
this program:
a. Re-roofing;
b. Painting;
c. Awnings;
d. Shutters;
e. Siding;
f. Replacement of Rotten Wood;
g. Doors;
h. Windows;
i. Driveways/Paving;
j. Landscaping (sod, trees, bushes, plants and irrigation systems)
k. Exterior modifications, such as rebuilding a porch.
.
J. All materlal. and work mu.t be in compliance with appllcable City of
Delray Beach Building Cod...
4. Loan proceed. may be used to pay for applicable building permits.
I
01>' i1'H
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER lM
"'
SUBJECT: AGENDA ITEM # <6 c... - MEETING OF DECEMBER 8. 1992
REOUEST FOR WAIVER OF LANDSCAPE REOUIREMENTS
DATE: December 2, 1992
This item is before you to approve a request from MAB Paints for
waiver of Section 4.6.16 (H)(3)(d) of the Land Development Regulations
which requires a landscape barrier between the off-street parking area
and abutting properties.
The waiver request was initiated as a result of the replat of Lot 1,
Ninth Street Plaza. At the time that the Shoney/s Restaurant and MAB
Paint Store were constructed, both buildings were located on one lot.
With the replat of Lot 1 the northern and western boundaries of MAB
Paints (Lot 1A) must meet minimum perimeter landscape requirements.
These parcels were developed with the intention of having shared
parking and cross-access. Staff feels that the provision of a
landscape buffer between the properties would be contrary to that
objective.
Planning and Zoning Board action is not required for waiver of
landscape requirements.
Recommend approval of the waiver of Section 4.6.16 (H)(3)(d) of the
Land Development Regulations which requires a landscape barrier
between the off-street parking area and abutting properties, for Lot
1A (MAB Paints), Ninth Street Plaza.
,"
,
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I .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: /'I5AVI,D T. HARDEN, CITY MANAGER
(~ ~Ua?2-
THRU: J. VACS, DIRECTOR
F ANNING AND ZONING
FROM:
II
SUBJECT: MEETING OF DECEMBER 8, 1992
WAIVER OF PERIMETER LANDSCAPE REQUIREMENTS FOR LOT lA,
NINTH STREET PLAZA REPLAT **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the waiver of Code Section 4.6.l6(H)(3)(d),
Perimeter Landscape Requirements.
The project is located at the northeast corner of Southeast
5th Avenue and Southeast 10th Street.
BACKGROUND:
This waiver request has been initiated as a result of the replat
of Lot 1, Ninth Street Plaza.
At the time that the Shoney's Restaurant and the MAB Paint store
were constructed, both buildings were located on one (1) lot.
With the replat of Lot 1 the northern and western boundaries of
MAB Paints (Lot lA) must meet minimum perimeter landscape
requirements.
Code Section 4.6.l6(H)(3)(d) states, "A landscaped barrier shall
be provided between the off-street parking area or other
vehicular use area and abutting properties." The western
boundary of Lot lA is located within a vehicular accessway and
the northern boundary of Lot lA abuts required parking spaces.
These parcels were developed with the intention of having shared
parking and cross-access, and agreements exist to ensure that
ability. The provision of a landscape buffer between the
properties would be contary to that objective.
The entire plat of Ninth Street Plaza is being developed with
landscaping around the perimeter of the block and the northern
and western boundaries of Lot lA are internal to the block.
City Horticulturist Nancy Davila supports this waiver and has no
objections.
City Commission Documentation
Perimeter Landscape Waiver
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and Zoning Board consideration is required f or the
waiver of landscape requirements.
RECOMMENDED ACTION:
By motion, approve the waiver of Code Section 4.6.l6(H)(3)(d),
for Lot lA, Ninth Street Plaza Replat.
Attachment:
* Waiver request letter, Reduced landscape plan and plat, &
Location Map
T:LTlWAIVE.DOC
"
;
MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
RAND' S. TOMPKINS Broward County: (305) 462-4935
Telecop/er: (407) 272-6831
OF COUNSEL:
PETER J. MURRA V
November 17, 1992
BARD DELIVERY
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The City of Delray Beach "...;;;'~
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100 N.W. 1st Avenue .; ~ -. . , , 1.1 \'f;1t
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Delray Beach, FL 33444 \....... .
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Re: M.A.B. Paints .,;, ;~.. ~
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Our File No.: WALW(059) 010 ~ 'I ...'
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Blue Max Automotive . .., ~.'
Our File No.: WALW(059)011
Gentlemen:
with respect to the M.A.B. Paints Plat on behalf of the applicant,
we hereby request a variance with respect to Section
4.6.16(h)(3)(d) of the Land Development Regulations of The City of
Delray Beach.
Enclosed are photocopies of the following documents:
1. Off-Site Parking Agreement;
2. Cross-Access and Easement Agreement;
3. Joinder and Drainage Easement Agreement; and
4. Declaration of Restrictive Covenants and Reciprocal
Easement Agreement.
Please note that all of the documents have been executed by all of
the parties except for the City of Delray Beach. The City of
Delray Beach is in possession of those documents which they must
execute, namely the Off-Site Parking Agreement.
Would you now please proceed by having the Plat for Blue Max German
Autohaus executed by the City along with the Off-Site Parking
Agreement and return them to me for recording. At that time, we
The City of Delray Beach
Our File Nos.: WALW(059)010 and WALW(059)011
November 17, 1992
Page 2
will also place in the public record the Declaration, Joinder and
Cross-Access Agreement.
I also wish to confirm with you that the Plat for M.A.B. Paints
will be placed upon the appropriate City Commission Agenda for
approva,J6nd that,nothing further is required of the applicant in
connec 1. . rew1. th.
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Enclosures
cc: Mr. William Wallace (w/o enclosures)
Mr. Glenn Woodrum, Restaurant Management of S.C., Inc. (w/o
enclosures)
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NEW SHONEY'S 12
RESTAURANT
5200 SQ.FT.
FIN. FL. = 10.00' A~SL
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I / NINTH STREET PLAZA
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 'flrvl
SUBJECT: AGENDA ITEM it ~D - MEETING OF DECEMBER 8. 1992
FINAL PLAT/NINTH STREET PLAZA
DATE: December 2, 1992
This item is before you to approve the final plat for Ninth Street
Plaza located at the northeast corner of S.E. 5th Avenue and S.E. 10th
Street. This proposed subdivision involves creating two lots, Lot 1A
(MAB Paints) and Lot 1B (Shoney's Restaurant) . Separate agreements
for drainage, cross access and parking have been obtained and were
approved by the City Attorney's office. The plat has been properly
prepared and is now ready for Commission action.
Planning and Zoning Board action is not required for minor subdivision
plats.
Recommend approval of the final plat for Ninth Street Plaza located at
the northeast corner of S.E. 5th Avenue and S.E. 10th Street.
H~ ,I."
IX/
(. .'
~M
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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 DECEMBER 8, 1992
MINOR SUBDIVISION FOR LOT 1, NINTH STREET PLAZA
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a minor subdivision for Lot 1, Ninth Street
Plaza.
The project is located at the northeast corner of Southeast
5th Avenue and Southeast 10th Street.
BACKGROUND:
On August 13, 1991 the City Commission approved the final plat
for Ninth Street Plaza, a replat of Block 7 Rio Del Rey. The
plat consists of a two (2) lot subdivision which incorporates
the Shoney's development on Lot 1 and on Lot 2 a building
formerly used for the sales and service of automobiles.
On April 29, 1992 the Site Plan Review and Appearance Board
approved the site plan for MAB Paints on the east side of Lot 1.
The landscaping and elevations were approved on May 13, 1992.
On September 11, 1992 a subdivision petition was received which
proposes to subdivide Lot 1 into two (2 ) separate parcels. Lot
1A will consist of the MAB Paint store and Lot 1B consists of
the Shoney's Restaurant.
In addition, as a part of the replat of Lot 2, Ninth Street
Plaza (approved by the Commission October 13, 1992) and now the
replat of Lot 1, separate agreements have been required for
drainage, cross access, and parking. These agreements are
needed to accommodate overflow drainage and access between the
lots, and to modify an existing cross-parking agreement between
Shoney's and MAB Paints. All agreements have been approved by
the City Attorney's Office and are now in the process of being
recorded. The plat has been properly prepared and is now ready
for Commission action.
City Commission Documentation
Replat of Lot 1, Ninth Street Plaza
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not review minor
subdivisions.
RECOMMENDED ACTION:
By motion, approve the final plat for the replat of Lot 1, Ninth
Street Plaza.
Attachment:
* Reduced Plat & Location Map
T:9STREPLT.DOC
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REPLA T OF' LOT 1
NINTH STREET PLAZA
I.' /
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1M
SUBJECT: AGENDA ITEM ft it? - MEETING OF DECEMBER 8. 1992
FINAL PLAT APPROVAL/S.D. SPADY ELEMENTARY SCHOOL
DATE: December 2, 1992
This item is before you to approve the final plat for the S.D. Spady
Elementary School property located between the School and Lake Ida
Road.
The plat creates two parcels; dedicates the N.W. 10th Avenue
right-of-way to the City; and, reserves a 60 foot easement along the
N.W. 8th Avenue alignment for use by the School Board. This plat has
been prepared in accordance with the approved interlocal agreement
between the City and Palm Beach County School Board.
Planning and Zoning Board action is not required on replat actions.
Recommend approval of the final plat for the S.D. Spady Elementary
School property located between the School and Lake Ida Road.
".
'.
. .
Agenda Item No.:
AGENDA REOUEST
Date: December 4. 1992
Request to be placed on:
X Regular Agenda
Special Agenda December 8, 1992
Workshop Agenda When:
Description of item (who, what, where, how much): Staff requests Commission approve
for recording the Plat of the "Spady parcel". lying between S.D. Spady Elementary
School and Lake Ida Road, in accordance with the City's interlocal agreement with
Palm Beach County School Board. ~
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
-
Recommendation: Staff recommends approval of the Spady Property Plat.
Department Head Signature: 4$~p.-~~~ J 1- /~/f.t:-
I
Determination of Consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
'.
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD I/tJ4 {if
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RICHARD C. HASKO, P.E. /1 n/
ASSISTANT CITY ENGINEER ~
DATE: DECEMBER 4, 1992
SUBJECT: PLAT OF SPADY PROPERTY
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached please find an agenda request along with a copy of the
proposed plat for the Spady property located between S.D. Spady
Elementary School and Lake Ida Road. This plat has been prepared
in accordance with the approved interlocal agreement between the
city and Palm Beach County School Board. The plat will serve to
dedicate the previously acquired right-of-way for the recently
constructed N. W. 10th Avenue 'extension to Lake Ida Road, reserve
a 60' easement along the N. W. 8th Avenue alignment between N. W.
4th Street and Lake Ida Road for use by the School Board, and the
remainder of the property as set forth in the referenced
interlocal agreement. A previous request for the abandonment of
the N. W. 4th Street right-of-way between 8th Avenue and 10th
Avenue was approved by Commission, conditioned by the submittal
of this plat.
RCH:kt
Attachment
cc: Robert Barcinski, Ass't. city Manager
Dave Kovacs, Director of Planning/Zoning
Lula Butler, Director of community Improvement
File: 91-061 (D)
Memos to David T. Harden, city Manager
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Ot1
SUBJECT: AGENDA ITEM :# <OF - MEETING OF DECEMBER 8. 1992
VEHICLE TRADE WITH THE CITY OF BOYNTON BEACH
DATE: December 2, 1992
This item is before you to authorize the trade of a 1987 Fire rescue
rig, currently slated for auction, to the City of Boynton Beach for a
1988 Ford Econoline Van, which will be used as a Police Department
Mobile Command Center for emergency situations and larged planned
events.
The City currently has a 1987 Fire Department rescue rig which was
damaged in an accident earlier this year. This vehicle was
subsequently "totalled-out" by Risk Management and placed aside for
auction. Staff has obtained estimates to repair this unit from the
City's Garage and three outside body shops. Repairs would include
rebuilding the engine, transmission and body work; at a cost of
approximately $6,500. Additional funding would then be required to
equip the rig to meet the Police Department's needs.
Alternately, no funding would be required for the trade and Boynton
Beach's van is fully operational.
Recommend approval of the trade of a 1987 Fire rescue rig, currently
slated for auction, to the City of Boynton Beach for a 1988 Ford
Econoline Van.
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Delray B~ach Po Ice De~artment .~.
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 RICHARD G. OVERMAN
(407) 243-7888 Fax (407) 243-7816 Chief of Police
NOV 3 0 1992
MEMORANDUM ' ') t' MANA~P?'S 0
TO: David T. Harden, City Manager ^..(
FROM: Richard G. Overman, Chief of Police \~
DATE: November 24, 1992
SUBJECT: MOBILE COMMAND CENTER
I strongly recommend that we proceed with Captain Morley's
recommendations for facilitating a trade with Boynton Beach for
the Mobile Command Center. It seems to me that it is a win/win
situation requiring no cash exchange in the process. This may be
our one opportunity to acquire a piece of equipment that will
allow us more mobility in case of emergency inasmuch as to order
the same kind of vehicle would be cost prohibitive.
I certainly hope you will support this request.
RGO/ppt
Attachment
COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Chief Richard G. Overman
FROM: Captain Edward M. Morley ~
Patrol Division Commander
DATE: November 18, 1992
SUBJECT: JUSTIFICATION FOR MOBILE COMMAND CENTER
-----------------------------------------------------------------
-----------------------------------------------------------------
I am proposing that the Delray Beach Police Department obtain a
vehicle to serve as a Mobile Command Center for use in emergency
situations and large planned events. In order to justify this
addition to our fleet, the vehicle will have to be multi-purpose
so that it can be used in a variety of situations.
One of the more important uses would be for emergency communica=
tions when the main center is no longer operational and a back up
dispatch center is needed. At the present time the Department's
back up communication is inadequate as it consists of a car radio
mounted in our D.A.R.E. van. This van has not been set up any
differently than a normal van and requires the dispatcher to sit
behind the wheel of the vehicle and dispatch from a hand-held
microphone. This would not be a workable solution in extended
operations like we have seen in the aftermath of Hurricane Andrew
and other natural disasters, as well as potential situations
involving civil disorder, hostage negotiations, and riots. In
addition to thi s , the department has already encountered two
situations this year in which a mobile command center would have
been useful:
1. When a computer monitor failed filling the center
with fumes and the dispatchers and call-takers
were overcome by them, all had to evacuate; thus,
disrupting the center while fire rescue checked
and evaluated the situation.
2. An accidental activation of the fire alarm system
required the Fire Department to again respond
while employees held down the Halon abort buttons
to divert a discharge. The alarm horn sounded;
again, disrupting the operations of the center.
Another consideration to our having such a vehicle in our fleet
is that it will provide additional uses for the Entry Team as
their need for mobile storage and communications facilities
.
SUBJECT: JUSTIFICATION FOR MOBILE COMMAND CENTER
November 18. 1992
Pa ge 2
increases. Currently, they execute all search warrants for the
Police Department and will be converting to a S.W.A.T. concept,
and in order to safely accomplish our mission, the Team must be
deployed together - in a timely fashion. We now use a Chevrolet
Suburban in the execution of warrants, and this vehicle does not
have the space or seating configuration to efficiently deploy a
ten (10) member team. Officers have to sit or squat in the cargo
area and crawl out to assault the objective in a critical
incident. Converting a rescue rig to a command center would
allow a deployment of the officers from two (2) benches in a more
professional, organized, expedient, and safe manner.
We now have an operational Hostage Negotiations Team which would
also benefit greatly from a mobile command center for the same
reasons illustrated above; currently, the team has no means of
safely being deployed for a mission nor a command center to set
up telephonic negotiations with a hostage taker at the scene
without interfering with the operations of the rest of the
Department. A mobile center would provide an air conditioned
command post that could serve as a base for the team once
equipped with radio and telephone capabilities.
There are two vehicles available to us, at a minimal cost, should
we explore this recommendation to use one of them as a mobile
command center.
The City currently has a 1987 Fire Department rescue rig on the
City's auction block which was damaged in an accident earlier
this year, and totalled-out by Risk Management. I obtained
estimates to repair this unit from the City's garage and three
outside body shops, and the total cost is less than $6,500. The
vehicle would not serve as a primary emergency response unit.
The repairs would include rebuilding the engine, transmission,
and all body work, but would not completely outfit it for our
use. This could be done over an extended period of time and
possibly through donations from the public or as a pet project
for a single organization.
The other vehicle is available from the Boynton Beach Fire
Department. They have approached me and would like to negotiate
a trade of our totalled rescue rig with their 1988 Ford
Econoline which is currently used as a back up rescue rig. It has
a V-8 engine, an odometer reading of 44,000 miles, and 1,900
hours on the clock. Their unit, albeit somewhat smaller, is
fully operational and will meet all our needs. This vehicle was
evaluated by our garage personnel and found to be well-
maintained, functional and from a cost standpoint, an ideal
solution rather than redoing ours.
In trade, Boynton's Fire Department would then use the box on our
totalled rig, which has a new value of $40,000, to make theirs
operational at a far lesser cost to them than a new purchase and
as a way to standardize all of their Department's rescue rigs.
. . .
SUBJECT: JUSTIFICATION FOR MOBILE COMMAND CENTER
November 18, 1992
Page 3
I recommend that we opt for the Boynton Beach trade, as that
would minimize our expenditures in both money and time. The
Boynton Beach rig is a turn-key operation, ready to go on the
road, costing us essentially a paint job. For this minimal cost,
we would be gaining a vehicle for this Department's use which
would be an asset not only for us, but for the City of Delray
Beach. Your consideration to this request would be greatly
appreciated.
Should you need any further information or have any questions,
please do not hesitate to contact me.
EMM/gb
cc: Major Lincoln
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {1M
SUBJECT: AGENDA ITEM # ?G - MEETING OF DECEMBER 8. 1992
RESOLUTION NO. 133-92
DATE: December 2, 1992
This is a resolution assessing costs for abatement action
required to remove junked vehicles on nine 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. 133-92 assessing costs to
remove junked vehicles on nine properties located within the City.
'"
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I RESOLUTION NO. 133-92 I
I
'I 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
i EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
I MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
I
I AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
I MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative.
I has, pursuant to Chapter 90 of the Code of Ordinance., 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
:1 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
d Sections 90.02 and 90.03 of the Code of Ordinances; and,
'i WHEREAS, the property owner(s) named in the list attached
:1 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-
I ance(s) or to properly request a hearing pursuant to Chapter 90 within
I
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY B~CH, 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 parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
Section 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
,,.
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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 I
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is I
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
I assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
wi thin thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8\ per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk 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
I certified copy of this resolution for recording, a notice of lien, in
, the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1992.
MAYOR.
I ATTEST: I
I :
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I City Clerk
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I -2- R.es. No. 133-92
I
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COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 13, BLOCK 2, GOLF PARK, IVAN B. & PATRICIA C. $ 38.50
PB 26, P 141, PUBLIC RECORDS SHAPIRO 65.00 (ADM. COST)
OF PALM BEACH COUNTY, FL 796 S.W. 20TH COURT (RECORDING)
(796 S. W. 20TH CT.) DELRAY BEACH,FL 33445
.
LOTS 2 & 3, BLOCK 8, OSCEOLA ITT FINANCIAL SERVICES $ 38.50
PARK, PB 3, P 2, PUBLIC RECORDS, 1272 N. MILITARY TRAIL 65.00 (ADM. COST)
PALM BEACH COUNTY, FL W. PALM BEACH, FL 33409 (RECORDING)
(706-712 S.E. 4TH AVE.)
LOT 5, BLOCK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $ 38.50
PB 3, P 2, PUBLIC RECORDS, WILLIAM & M. HUTCHESON 65.00 (ADM. COST)
PALM BEACH COUNTY, FL 225 N. E. 25TH STREET (RECORDING)
(618 S.E. 4TH AVE.) BOCA RATON, FL 33431
LOT 4, BLOCK 66 (OLD SCHOOL KLINE L. MORGAN $ 38.50
SQ. HIST. DIST.) ,TOWN OF DELRAY, 235 N. SWINTON AVE. 65.00 (ADM. COST)
PB 2, P 81, PUBLIC RECORDS,PALM DEL RAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(235 N. SWINTON AVE.)
LOT 11, BLOCK 6, SILVER TERRACE, JAMES & MAUREEN MAAS $ 38.50
DEL RAY , PB 11, P 61, PUBLIC 3825 LONE PINE ROAD 65.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33445-7652 (RECORDING)
(1105 MIAMI BLVD.)
LOT 15, LINCOLN PARK, DELRAY, DONALD SIMMONS $ 38.50
PB 23, P 160, PUBLIC RECORDS, 110 S.W. 9TH AVE. 65.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH,FL 33444- (RECORDING)
(110 S.W. 9TH AVE.) 2552
N260'. OF PAR A (LESS EllS' OF ARROW MOBILE HOMES EST. $ 38.50
S2'), REVISED ROSEDALE PARK, INC. 65.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 6553 TIMBER LANE (RECORDING)
COUNTY, FL BOCA RATON, FL 33433
(1800 N. FEDERAL HWY.)
LOTS 9 & 10, BLOCK 1,ROSEMONT CHERYL D. CASTLE $ 38.50
PARK, DELRAY, PB 13, P 60, 635 S.W. 5TH AVE. 65.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
( 635 S. w. 5 TH AVE.. < )
- 3 - Res. No. 133-92
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LOT 63 & WI0' OF LOT 64, GEORGE HUDSON $ 38.50
DELRAY MANOR ADD. TO DELRAY, 7800 FAIRWAY TRAIL 65.00 (ADM. COST)
PB 12, P 59, PUBLIC RECORDS, BOCA RATON, FL 33487 (RECORDING)
PALM BEACH COUNTY, FL
(515 S.W. 9TH CT.)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
- 4 - Res. No. 133-92
'i'~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJJ\
SUBJECT: AGENDA ITEM # ~ J.1. - MEETING OF DECEMBER 8, 1992
RATIFICATION OF LIEUTENANT'S CONTRACT/FOP
DATE: December 2, 1992
The City Attorney and I will present the contract at Tuesday evening's
meeting.
<1'1
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~~ - MEETING OF DECEMBER 8. 1992
AWARD OF BIDS AND CONTRACTS
DATE: December 2, 1992
This item is before you to approve the award of the following bids and
contracts:
1. Windscreens for Tennis Center - Premier Tennis Courts of
Florida in the amount of $11,660 with funding from General
Construction Fund - Tennis Center (Account No.
334-4145-572-63.41).
2 . Housing Rehabilitation - 813 S.W. 5th Avenue -
Intercontinental Construction Corporation in the amount of
$20,000 with funding from CDBG - Housing Rehab (Account No.
118-1963-554-49.19).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
H~
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Agenda Item No. :
AGENDA REQUEST
Date: December 1, 1992
Request to be placed on:'
yy Regular Agenda Special Agenda Workshop Agenda
When: December 8, 1992
Description of agenda item (who, what, where, how much): Bid Award -
Windscreens for Tennis Center
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Premier Tennis Courts of Florida
at a total cost of $11,660.
I/~L r?~.J-/J~J: l~jq:L-
pepartment Head Signature: 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: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: ~~.&~4' -(EN tJ 15 0P.NIe1Z
Account Balance: fuJbl '
/
City Manager Review:
Approved, for agenda: @/ NO fJ7v1
Hold Untll: . ·
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
""
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
FROM: Ted Glas, Purchasing Officer 0 :J/
DATE: December 1, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 8, 1992 - BID AWARD - BID #93-08
WINDSCREENS FOR TENNIS CENTER
Item Before City Commission:
The City Commission is requested to award the purchase of tennis court
windscreens to the low bidder, Premier Tennis Courts of Florida, at a
cost of $11,660. Per the Finance Department, funding is from:
(
) .
Background:
Funds were allocated in the FY 92-93 budget for Tennis Center/Stadium
improvements including the purchase of new windscreens to be placed on
the court fences.
Bids for these windscreens were received on November 18, 1992 from six
(6) vendors, all in accordance with City purchasing procedures. (Bid
1193-08. Documentation on file in the Purchasing Office) . A
tabulation of Bids is attached for your review.
The Director of Parks & Recreation has reviewed the bids, and
recommends award to the low bidder, Premier Tennis Courts of Florida,
per attached memo.
Recommendation:
Staff recommends award to the low bidder, Premier Tennis Courts of
Florida, at a total cost of $11,660. Funding as outlined above.
Attachments:
Tabulation of Bids
Memo from Parks & Recreation
pc: Joe Weldon
t".
[IT' DF DELAA' BEA[H
100 NW. 1st AVENUE . DELRA Y BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Recommendation of Premier Tennis Courts for Windscreen
DATE: November 30, 1992
Bids were opened for the tennis windscreen for the new tennis center
(Bid 193-08). Six bids were received with the apparent low bidder
being Premier Tennis Courts of Florida at $11,660. $12,000 was
transferred from last year's surplus into account 1334-4145-572-63.41.
I recommend the bid be awarded to Premier Tennis Courts of Florida in
the amount of $11,660.
Parks and Recreation
Ref:premwind
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: Joe Weldon, Director Parks & Recreation
FROM: Ed Foster, Tennis Supervisor
SUBJECT: Windscreen Bids
DATE: November 30, 1992
I bave received the Polypropylene Winu Screen bids
from the following companies.
COMPANY BIDS WARRANTY
-
Premier Tennis $11,660. 2 years
Sportsmaster $11,809. 1 year
Tennis Sales $12,194. 2 years.
Herrons $12,384. 1 year
FroehlingjPapico $12,920. 3 years
I recommena that we accept the low bidder, Premium
Tennis.
RECEIVED NOV 3 0 1992
."
HOVEJoeER 18. 1992
Tl8JlATlC>>l OF BIOS
BID t93-oe
WIHDSCREEH
cnv OF DElRAV BElCH
TEHHIS CEHTER
ITEM QlY. OESCRIPTIC>>l The Nidy Sportmaster Premier Tennis Courts
~ of Florida
L :n .500 POL Vf'R(PVLEHE
SQ. FT. WIHD SCREEH .39~ .366 .36~
$12.285.00 $11.529.00 n 1. 340. 00
2. 8 TV RAPS
BAGS 0000 P/BAG) $69.50 $35.00
$40.00
$556.00 $280.00 ~320.00
TOTAL BID COST
$12,841.00 $11.809.00 $11,660.00
WARRANTY
Windscreen bears
a 3 year warranty One Year 24 months
DELlYERV TIME
AFTER RECEIPT
OF CR>ER within 3 weeks 28 - 40 Days 14 Days
CXJ11EHTS/DCCEPTlC>>lS:
.
HCJ\lEl'ElER 18. 1992
T~TI~ OF BIDS
BID I93-<l8
WIHOSCREEH
CITY OF DELRAV BEACH
TEHHIS CEHTER
ITEM QTY. DESCRIPTI~ Fast Dry Gator Court
"inn Inc Tennis Supply
POL 'lPRCP'fLEHE .
L :n. soo
SQ. FT. WIHD SCREEH .38 .41c;: .396
$11,970.00 $12,915.00 $12,474.00
2. a TV RAPS
BPGS (1000 P/BAG) $35.00 $45.00 $35.00
$280.00 $360.00 $280.00
TOTAL BID COST
$12,250.00 $13,275.00 $12,754.00
WARfWolTY
3 Year 2 Year 36 month warranty
Manufacturer's Manufacturer's as per
Warranty Warranty -
DELIVERY TIME
AFTER RECEIPT
OF (R)ER 3 - 3 1/2 Wk's 21 Days 14 - 21 Days
CCH1EHTS/E>CCEPTI~S:
,hi
"
.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: December 4, 1992
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: December 8, 1992
Description of item (who, what, where, how much):
CASE' ADDRESS GRANT AMOUltT
91-043HR 813 SOUTHWEST 5TH AVENUE $20,000.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT
AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES
CONTINGENCY.
(Example: Recommend approval with funding from Special Events
Account No. OOl-3333-555-44~ ~
Department Head Signature: CA.. ~. ~
'/~
City Attorney Review/ Recommendation (if applicab e):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:~~/NO
Funding alternatives: (if afPli~le) _
I Account No. & D:scr1tion: //;"';"/9h 3-'SS:4 l.f9 / r; ~'''fN1! ~-
~WiL-ACCount Balance. 1S'~.(,:Sf\DJ Mvs/"lc;. .
City Manager Review:
Approved for agenda: ~NO (tr/j
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
"
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
FROM: Ted Glas, Purchasing Officer ~
DATE: December 04, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 08, 1992 - BID AWARD - BID #93-12
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award a contract to
Intercontinental Construction Corp. at a cost of $20,000. Per the
Finance Department, funding is from:
( ) .
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation.
Property Contractor Amount
813 SW 5th Ave. Intercontinental Const. $ 20,000.
Recommendation:
Staff recommends award to the low bidder, Intercontinental
Construction Corp. at a cost of $20,000.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc: Lula Butler
.
.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATO~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: DECEMBER 4, 1992
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for one Housing Rehabilitation Grant
Award. This request is in accordance with the City's Community
Development Division's approved Policies and Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder, a contingency. The contingency
may be used for change orders. All unused funds remain with the
Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grants be awarded for the
following:
Case# Address Grant Amount
91-043HR 813 SOUTHWEST 5TH AVENUE $20,000.00
HR2
.
. . .
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93-12HR
APPLICANT: KEITH STRAGHN
APPLICATION #: 91-043HR
PROJECT ADDRESS: 813 SOUTHWEST 51lH AVENUE
..
DATE OF BID LETTERS: NOVEMBER 13. 1992
DATE OF BID OPENING: NOVEMBER 23. 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GARY PURR $ 28,055.00
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $ 19,545.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $ 22.045.00
SOUTH FLORIDA CONSTRUCTION $
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $
IN - HOUSE ESTIMATE: $ 19,745.00
CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CON~'J'RTH~'T'TON r.ORP
BID/CONTRACT AMOUNT: $ 19,545.00
COMMENTS: LOW BID
BIDFORM/PG1
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJIVI
SUBJECT: AGENDA ITEM i ~;g - MEETING OF DECEMBER 8. 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: December 2, 1992
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period November
23, 1992 through December 4, 1992. The following actions were
considered during this reporting period:
Site Plan Review and Appearance Board:
-Tabled master sign program for four (4) parcels within the DBO
Acres Subdivision.
-Approved the architectural elevation plan (color change)
associated with the conversion of the old Flamingo Gasoline
Station to a restaurant.
-Denied the architectural elevation plan for the proposed Arby's
Restaurant at DBO Acres.
-Approved the site plan, architectural elevation plan (5-1 vote)
and landscape plan associated with Checker's Restaurant.
Historic Preservation Board:
-Granted a Certificate of Appropriateness for a new single family
dwelling unit at the Fox Fontaine site.
-Granted a Certificate of Appropriateness in conjunction with
facade changes and installation of a fence along the frontage of
310 N.E. 1st Avenue.
-Granted a Certificate of Appropriateness in conjunction with
facade changes for Mariposa Nursing Home.
-Granted a Certificate of Appropriateness associated with facade
changes at 160 Marine Way.
-Denied a request for a Certificate of Appropriateness (roof
color change) for Nassau Pointe.
The Planning and Zoning Board did not hold a regular business meeting
during this reporting period. A detailed staff report is attached as
backup material for this item.
l'f<'
t~tv1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
t~~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF DECEMBER 8, 1992
REPORT OF APPEALABLE LAND USE ITEMS
NOVEMBER 23, 1992 THRU DECEMBER 4, 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 November 23, 1992, through
December 4, 1992.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
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
November 23, 1992 thru December 4, 1992
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 2,
1992: :
A. Tabled the master sign program for four parcels within the
DBO Acres Subdivision, which is located on the south side
of Linton Boulevard, between the FEC and the existing
Kentucky Fried Chicken (Vote 6 to 0) . The Board required
that the applicant submit a total sign packet which
includes both business and directional signs.
B. Approved the architectural elevation plan (color change)
associated with the conversion of the old Flamingo Gasoline
Station to a restaurant, Elwoods Bar-B-Que, located at the
northeast corner of NE 3rd Avenue and Atlantic Avenue (Vote
6 to 0).
C. Denied the architectural elevation plan for the proposed
Arby's Restaurant at DBO Acres. The Board opposed the
style of the architectural features and the amount and
shade of red color (Vote 6 to 0) . Both the site plan and
landscape plan were previously approved by the Board
D. Approved the site plan, and architectural elevation plan
(on a vote of 5 to 1) and the landscape plan (on a vote of
6 to 0) associated with construction of a Checkers
Restaurant within the Linton International Plaza which is
located on the south side of Linton Boulevard, east of SW
10th Avenue.
No other appealable items were considered by the Board.
However, the following agenda items required Board action.
* Approved the business sign for Checkers Restaurant at
Linton International Plaza.
HISTORIC PRESERVATION BOARD MEETING OF DECEMBER 2, 1992
1. Granted a Certificate of Appropriateness for a new single
family dwelling unit at the Fox Fontaine site (Vote 7 to
0) .
2. Granted a Certificate of Appropriateness in conjunction
with facade changes and installation of a fence along the
frontage for a single family residence at 310 N.E. 1st
Avenue (Vote 7 to 0).
3. Granted a Certificate of Appropriateness in conjunction
with facade changes for Mariposa Nursing Home, located at
the northwest corner of SE lst Avenue and SE 1st Street
(Vote 7 to 0).
City Commission Documentation
Report of Appealable Land Use Items
November 23, 1992 thru December 4, 1992
Page 3
4. Granted a Certificate of Appropriateness associated with
facade changes for a single family residence and guest
house at 160 Marine Way (Vote 7 to 0).
5. Denied a request for a Certificate of Appropriateness (roof
color change) for Nassau Pointe, located at the southwest
corner of A-1-A and Nassau Street (Vote 7 to 0).
No other items were considered by the Board.
PLANNING AND ZONING BOARD (No Regular Meeting was held during
this period)
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
.
-
-
LOCATION lL\P FOR
CITY CO)OllSSION MEETING
OF DECEMBER 8. 1992
1.-30 CANAL
~
LoUO: IDA ROAD
a I
4
~
I ~ III
t t
0
ID
LOYSON BOULEVARD
g
a
UNTON BOULEVARD ~
0',#
lr.l
m
~
u
1.-38 CANAL
H.P.B. ITEMS: S.P.R.A.B. ITEMS:
- - 1. - FOATAINE FOX A. - DBa ACRES
2. - 310 N.E. 1ST AVENUE MASTER SIGN PROGRAM
3. - MARIPOSAL NURSING HOME B. - ELWOODS BAR-B-QUE
N 4. - 160 MARINE WAY C. - ARBYS @ DBO ACRES
- 5. - NASSAU POlNTE D. - CHECKERS RESTAURANT
- CITY OF DJ:LIU.Y BEACH. noJUDA
PLANNING D1:PAlmIEN'r
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r'_ D~r_ct L~n_
(407) 243-7092
MEMORANDUM
Date: December 8, 1992
To: City Commission
From: Jeffrey S. Kurtz, city Attorney
Subject: John Prescott v. City of Delray Beach
Our File No. 05-92.027
Following discussions regarding settlement of the above matter,
the parties have agreed to settle the above case. The City
agrees to not consider Mr. Prescott a repeat violator in the
event he comes before the Code Enforcement Board, and the City
will pay him $3,000.00. The paYment of $3,000.00 covers Mr.
Prescott's attorney's fees. In return, Mr. Prescott will
dismiss his case against the City. It is this office's opinion
that this settlement is a fair one for all parties involved.
~ The C~Attorney's Office will also present to the Commission
at its f1rst meeting in January, 1993, a revised flag ordinance
which will amend the provisions at issue in this case.
Your consideration of this settlement offer is appreciated.
me:JSK
presc-1.dnt
~ b; d1q
O:tfov;~ Qru 9, /J/l.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 67v1
SUBJECT: AGENDA ITEM i 91:3 - MEETING OF DECEMBER 8. 1992
REOUEST TO ELIMINATE PUBLIC PARKING
DATE: December 2, 1992
This item was discussed at the December 1st regular meeting and
involves a request received from the property owner (Ms. McCrae) at
102 Basin Drive to eliminate the public parking on the north side of
Lowry Street between Basin Drive and the Intracoastal Waterway. At
that meeting the Mayor suggested that the applicant and
representatives of Delray Summit meet with staff in order to resolve
this issue. On December 3, 1992, staff met with representatives from
Delray Summit, Inc. At that meeting Delray Summit indicated that they
would submit a letter requesting additional time to resolve this
matter. Pending receipt of that letter, this item has been placed on
the agenda for your disposition.
Consider a request from the property owner (Ms. McCrae) at 102 Basin
Drive and other property owners along Basin Drive to eliminate the
public parking on the north side of Lowry Street between Basin Drive
and the Intracoastal Waterway.
12/04/92 13:13 "5"40i 832 898i BECKER. POLIAKOFF -'0-'0-'0 CITYiDELRAY BCH. [4J 002
-.---..--.--
a<
tr1
LAw Of ' FleES
BECKER & POLIAKOFF, P.A.
BOCA RATON CLEARW^lER FORT MVERS HOlJ.VWCOD Mwu NAPLES ORLAN 00
ST. PErERSBURO SAR^SOTA TALlAHASSEE TM\PA WFSf PAlM BEf.CH
c;""" ^. PouIIKOFF RI!I't.E<:TlOI'IS BolUlll'tQ ADl!!oallTllAT1VI! _ ~
ALA!; S. BEO(I!II 450 AcSIRAU"M AWliIlI;: SouTH EIIaWb L..w: CDIIRlIIA1I!: P_
ROlll!JlT J. MI'II'lI'lE 7Tll FLoOR 3111 S'IlIlunQ R~ Wt!lIt Pal. Beach
ALAN E. T ANi"tI!t<l!AlJ1'l WmP,,1Jo1 S.."CH, Fl..33401-503ol FQtT~ FL3JJI2.652!I
A"l1\Q!'fY 1'1. K,o,wOlE FOIIT ~ (30!l) Je7.7550 Oirect ttrae;
O/\I<IE1.S.R~ PAlloI BEAOl (407) 5.5'.M<< ft.OmA. Tcu. Pie (800) 432.7712 (407) 820- 2872
S"~^.WI!III!Il BROWARD (305) 421.1477
CIIR'I' c. ROSEN ~RnN(407)546-6700
^un1 M. I.E"I'lE FLORIDA Toll. FRE" \800) 462.7783
u;E. H. I!olIO FACSOO~ (407 832.8987
ROI!ElfT L T i\l;I(EL
CMI'I1II..Gi N. TErw;M:
STIMri B. Lu>sl!R December 4, 1992
RICIWIrl H. BIIEIT
M/\R1lr< l. J....."FI!
MICHW: 0. MII.!S VIA FACSIllILE - (407) 243-3774
HERllfII'T D. BIIQ(l<, JR.
CIWl M. McCl.EW\1liDI
Josml E. AOM\!I Honorable Thomas E. Lynch, Mayor
Keml 1". B/\I;l\l!Jl
N/\r-lC'I' E. B,,1lSH1EJt city of Delray Beach
Doi'll'tA D. E!i!I!Ql:R
^W5Ot1 K. BEl"HEI. 100 North West 1st Avenue
JOEL B. ~ Delray Beach, Florida 33444
MIQIIII!l.J. BIltlDr-rt
KATH~ /tI. BgR<i~
CIIRLI\ CIoI1CO' BElUl
C, JQ"r< c"~ Re: Public Parking on the North Side of Lowry Street
THEflA J. CflWM$
J'N:S R. D!!FWlKl
RMA M. De! I.A ~ Dear Mayor Lynch:
I(EI'II'IETl\ S. DrJlEK"lC-
Jer<_ B.-u:s DIWlE
CHJlI!IALA/'tO_ This Firm
STE'/El't M. F I\UC represents Delray Summit, Inc, the
$I/o\OfiF!!RRQ Condominium Association (the "Association") responsible
Eun1lJ. HIRSCH
Ho.AOLl> E. twv.l-1 for the operation and administration of the Oelray Summit
DoRETrA /II. K r-lOERll
H. PAUL KOA(lNt$ Condominium. I appeared before the Delray Beach City
HECTOR E. LoIII\
Q""o: N. "","MIl Commission on December 1, 1992 on behalf of the
~VN ~ MEIlCIW'lT Association regarding agenda item 9C, which was a request
~ c, MOl1E'1aARDEIl
^LBEJlTO N_ MORI3 to eliminate public parking on the north side of Lowry
8Cft'="T L. R-.oo"f
D"v.tJ H, ROlMI!l< street between Basin Drive and the Intracoastal waterway.
l.Jr.io/\ BFIOOI<B 1i0llltlS0l't The Association opposes the request. At that time I
D"",~ H. ROf;iU
ROIlEllT RUIlIN$l'(l" requested that the matter be continued in light of the
HEJIMr.'lIO SIIN RO/o\I\H
l!IJv.1llm1 L. TRllflDl.l!: fact that the Association had not received prior written
PIWL L WEAN notice of the proceeding. The Commission granted
/>\ICHI\El. R. WKTT an
Lmrt s~ WO(IgS extension to December B, 1992 at 6:00 p.m. with the
AtjNE E. lJ/IE:r
OF COtl~SEL express instruction that the parties attempt to negotiate
1l~,R"'r. FRlI!llMI\Il a settlement of the matter. Ms. Frances Bourque, who
K/\~ U,TOWl
Q~Qll()f W!:lNlll\(ll\\ appeared on behalf of the petitioners, readily agreed to
the extension and to attempt to reach a settlement with
the Association. Immediately after the meeting, however,
Ms. Bourque informed me that she would be out of town
until Sunday, December 6, 1992. At that point we were
informed that Mr. Ha~vey Brown would handle the settlement
negotiations on behalf of the petitioners.
On Thursday, December 3, 1992, a meeting was held
between Mr. Brown, Assistant City Manager, Robert
Barcinski, Mr. John Hake of Delray Summit and I to discuss
a possible settlement. Although no agreement was reached,
a few ideas and proposals were discussed which will
require further consideration by each respective party.
As you may be aware, the Association is a corporation
13:14 '5'40i 832 898i BECKER, POLIAKOFF -j,-H CITY/DELRAY BCH. [4! 003
. 12/04/92
Honorable Thomas E. Lynch, Mayor
city of Delray Beach
December 4, 1992
Page 2
which is governed by a Board of Directors. Any final decision on
this matter must be made pursuant to a vote of the Directors at a
duly noticed meeting. It is also my understanding that Mr. Brown
must contact Ms. Bourque and the other petitioners regarding any
proposed settlement. The next meeting between the Association
and the representatives of the petitioners is tentatively
scheduled for Monday, December 7, 1992. If the December 8, 1992
deadline is not continued, this will be the last opportunity to
reach a negotiated settlement. Quite simply, there is not enough
time for the parties to fulfill the Commission's instruction to
reach a settlement. It is in the best interest of all the
parties involved, including the city of Delray Beach, for the
parties to be given adequate time to reach any potential
settlement. Otherwise, if a settlement is not agreed to prior to
the December 8, 1992 city commission meeting, the commission will
be forced to decide the matter, and if the rUling is in favor of
the petitioners, the Association will have no recourse other than
litigating the matter by appealing such administrative decision.
The Board of Directors is fully prepared to vigorously take such
legal action if necessary. Therefore, as noted above, it is in
the best interest of the city of Delray Beach, the petitioners
and the Association for this matter to be continued until the
City commission reconvenes in January, 1993. During this period
the parties may seriously negotiate the issues involved and
hopefully reach an agreement, thereby avoiding potential
litigation.
In light of the extremely short time frame in which we are
involved, I respectfully request your prompt response to this
request.
EN
PCM/dw city Manager (by facsimile)
cc: Mr. David T. Harden,
Mr. Robert A. Barcinski, Assistant city Manager (by
facsimile
Board of Directors, Delray summit, Inc.
Sharon A. Weber, Esquire
'\
l
''J~/ I
-
[IT' DF DELIA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7 000
MEMORANDUM
TO: David T. Harden, City Manager
FROM:~Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: MEETING - LOWRY STREET PARKING
DATE: December 4, 1992
I attended a meeting yesterday with Mr. Harvey Brown, Mr. Jack
Hake, and Peter Mollengarden, an attorney for the Summit. The
purpose of this meeting was to see if the parties involved could
reach some sort of compromise/agreement regarding the parking on
Lowry Street.
Mr. Brown, representing the interests of the neighbors, Mrs.
McCrae and Mrs. Bourque, proposed that the parking on the north
side of Lowry Street be removed, re-landscaped, and give the
Summit exclusive use of the parking on the south side.
Mr. Mollengarden and Mr. Hake made a proposal which would permit
some parking on the north side of the street with the Summit
possibly being responsible for landscaping maintenance. Neither
proposal appeared to be agreeable to both parties.
I asked that the Summit consider the proposal laid out by Mr.
Brown with a possibility of some compensation for the loss of
their investment on the north side. I made it clear, however,
that I had no authority to speak for the City and make a
monetary commitment.
I also suggested to Mr. Brown that a consideration be given to
allow 3-4 spaces at intermittent spots on the north side, with
the balance of the easement to be landscaped and maintained by
the Summit. As part of this proposal, I also suggested that
these spaces be reserved for the use of the Summit only in the
case where all existing spaces on the south side were occupied.
Neither party was totally happy with these solutions but agreed
to discuss these options with their constituents, i.e. , Summit
condo board, Mrs. Bourque and Mrs. McCrae.
THE EFFORT ALWAYS MATTERS
..
DELRAY SUMMIT MEETING
Page 2
Mr. Mollengarden and Mr. Hake felt more time was needed in order
to discuss options with the condo board and will be requesting
that action on Mrs. McCrae's request be delayed until January.
Mr. Brown indicated that he did not wish to delay a decision on
this request.
All parties agreed to meet again on Monday, December 7th to
discuss options and feedback.
RAB: kwg
cc: Cheryl Leverett
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NOVEMBER 25TH, 1992
HONORABLE MAYOR TOM LYNCH
CITY OF DELRAY BEACH
100 NORTHWEST FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
DEAR TOM:
I AM WRITING TO SUPPORT THE POSITION OF MY NEXT DOOR
NEIGHBOR, MRS. ESTHER MCRAE, AND JOIN WITH MANY OTHERS OF
US IN HER NEAR NEIGHBORHOOD REGARDING THE PUBLIC PARKING
ON THE SOUTH SIDE OF HER PROPERTY. (DESCRIBED AS THE NORTH
SIDE OF LOWRY STREET).
DURING AN EARLIER PERIOD, WITHOUT NOTICE TO ANY OF
US, PARKING WAS CREATED TO ACCOMODATE WHAT WAS DESCRIBED
AS A PUBLIC NEED, BY THE COMMISSION. WHETHER NOR NOT, A
GENUINE NEED FOR PUBLIC PARKING WAS EVER DEMONSTRATED AT
THAT TIME, IT IS NOW CLEAR TO ALL OF US THAT NO NEED FOR
ADDITIONAL PARKING BEYOND THAT WHICH EXISTS ON THE SOUTH-
SIDE OF LOWRY IS REQUIRED.
THOSE OF US, WHO FROM TIME TO TIME MIGHT EVEN USE THIS
PARKING FOR A PRIVATE EVENT DO NOT BELIEVE THAT IT IS IN THE
BEST INTEREST OF THE NEIGHBORHOOD, AS A WHOLE, TO HAVE IT
AVAILABLE.
NO ONE FROM THE BEACHES, OR SHOPS OR BANKING WOULD
EVER REQUIRE SUCH PUBLIC PARKING TO BE PROVIDED ON A
REGULAR BASIS. WE FURTHER BELIEVE IT IS UNNECESSARY TO
INVITE THE GENERAL PUBLIC INTO A RESIDENTIAL NEIGHBORHOOD
FOR PUBLIC PARKING WHEN THERE IS NO PUBLIC ACTIVITY IN
THE AREA WHICH WOULD REQUIRE OR SUPPORT THE NEED FOR
PUBLIC PARKING.
THEREFORE, I AND OUR NEIGHBORS FEEL THE DESIGNATION
OF PUBLIC PARKING ON THE NORTH SIDE OF LOWRY SHOULD BE
RECINDED AND MRS. MCRAE'S PROPERTY AND ADJACENT
EASEMENTS TO HER PROPERTY BE MADE WHOLE.
THANK YOU VERY MUCH FOR YOUR THOUGHTFUL CONSIDERATION
AND APPROVAL OF THIS REQUEST.
~EREL Y ,
~t~
FRANCES F. BOURQUE,
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May 22, 1992
City of Delray Beach
Delray Beach, Florida
Robert A. Bercinski
Assistant City Manager
We the residents of Lowry St. have been, and are very ~atisfjp-d
with the parking_public and so called private parking (or designated
parking) .
For many years Lowry Street was a beautiful street to live on and
walk on. Especially walking toward the Inter Coastal along the property
of Mrs. Henderson and Mrs. W. J. McRae.
The areas along the two p.,.,-al"t j 8S mentioned above was given away ft:' e f Mkl ~ ~
by the city and n.Qt ~ person in the area was informed' or in any
respect considered.
We would like to see our street returned to its original form or state.
We now have:
1. Increase in crime
2. Decrease in property value
3. Increase in taxes
4. No need for any kind of parking
Please consider us as the builders of--and maintainers of-
one of Delrays beautiful and original established areas.
SIGNED
Basin Drive~ast Road, se~Breeze and others
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May 27, 1992
Commissioners of City of Delray
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
RE: Public Parking on Lowry Street
Gentlemen:
I am Esther McCrae and I reside at 102 Basin Drive, Delray
Beach, Florida 33444.
Please accept this letter as my petition to revoke and cancel
the public parking in the area along the north side of Lowry
Street. Enclosed for your reference is a survey of the subject
area.
In September of 1985, the City entered into an agreement with
the Delray Summit to provide public parking along the north side
of Lowry Street which abuts the south side of my property line.
I own lot 18 which is noted on the enclosed survey. The agreement
entered into in September of 1985 also provided that public parking
was to be provided along the south side of Lowry Street to the east
of the Summit Condominium.
Over the years, it is apparent the only people using the
public parking on the north side of Lowry Street have been the
residents of the Summit, and/or their staff. There is ample
parking on the grounds of the Summit to provide parking for their
staff and, in particular, the area on the south side of Lowry
Street and east of the Summit building. Other than for the
residents of the Summit, I doubt seriously if any of the "residents
of Delray Beach" park along Lowry Street.
The public is no longer using the parking on the north side
of Lowry Street and the parking on the south side of Lowry Street,
east of the condominium, has been restricted by the Condominium
Association to provide parking for their guests and residents.
Since there is no longer a need for public parking on the north
side of Lowry Street, I would ask that the city council modify
and/or revoke the September 17, 1985 agreement with the summit.
H'i[.
~
The parking in the area has become a nuisance and no longer
serves any useful purpose for the residents of Delray Beach. The
area designated as public parking on the north side of Lowry Street
is not used by the residents of Delray Beach.
As a result of the City designating the area on the north side
of Lowry Street as public parking has prevented me from maintaining
the hedge along the south side of my home, has interfered with the
use and enjoyment of my property, has created a nuisance by
allowing cars to park there day in and day out when servicing the
Summit. The employees of the residence of the Summit have used this
area as their exclusive parking when the public parking on the
south side of Lowry Street has remained vacant. The continued
designation of public parking has caused my property to depreciate
. ,
~n va....ue.
By allowing public parking on the north side of Lowry Street,
it has created a dangerous condition to exist. Over the years,
there have been a number of break-ins, including one to my home.
By allowing public parking in the area, it allows an individual or
individuals to park out of the view of the general public while
they carry out their illegal activities. By allowing this area to
remain a public parking area aides the individual who parks there
solely for the purpose of carrying out any illegal activity or
burglary. Neighborhood Crime Watch is deterred and hampered by
the continued designation of this area as public parking.
I know that a number of my neighbors and other residents in
the area have voiced objections to the north side of Lowry Street
being designated as public parking.
Therefore, I would ask that you take immediate steps to revoke
the designation of this area as public parking. No public purpose
is being served for the continued designation of this area as
public parking. People do not park there to go to the beach or to
shop in the l~cal stores. t~~a is far removed from the beach
and the shopp~ng areas.
Very truly yours,
~ 1>>rP~
Esther McCrae
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...........
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AGREEHEN'l'
Agreement made this /7cL day of .dy-~ ,
1985 between the City of Del cay Beach, a Florida municipal
corporation (the City) , and Delray SUllllDit, Inc., a Flor ida
corporation.
WHEREAS, the City of Oelray Beach has determined that
a need exists for additional public parking on Lowry Street1
and,
WHEREAS, Delcay SUllllDit, Inc. i. de.irou. of having
additional public parking provided in clo.e pcozimity to its
building.
NOW, THEREFORE, in consideration of the mutual
covenants and benefits to the parties it is agreed as follows.
1. That Delray SUllIIDit, Inc. shall contract for and
solely pay for the construction of public
parking in accordance with drawing no.
~ t'~ 7", 1'/..;c.
t;; /J,~ 825402.001D ~ August 27, 1985 by Strock
.~.~&. Engineering Associate., Inc. which is attached
hereto and made a part hereof. The construction
shall be done in accocdance witb the note shown
on the drawing and any additional requirements
of the City by ordinance or by direction of the
City Engineer. If there is a conflict between
. .
any matter set forth in the aforementioned notes
and the requirements of the City, the require-
ments of the City shall control.
2. That Delray Summit, Inc. shall be responsible
for resodding necessitated by construction, as
well as the relocation or replacer-ent of any
shrubs or: tr:e.. re!:loved for construction and
shall irrigate any new or replaced vegetation
.5 /.( ~
for ~ N.J ....eeks. The Delray Summit, Inc.
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and its contractor shall obtain and follow the
directions of the City Horticulturist with
regard to required landscaping and relocation of
any existing plant material and irrigation
required.
3. That Oelray Summit, Inc. shall transfer to the
trust account of Reed, Smith , Chapin the amount
of five thousand dOl,lars ($5,000.00). Those
funds shall be available to the City upon the
written demand of the City Manager and may be
used to pay for any damage to City property, the
failure to complete the project once begun, or
may be available for the payment of unpaid
materialmen or subcontractors. However, nothing
herein shall be considered a limitation of the
liability of Delray SUJ:\l1lit, Inc. for damage to
City property or for the failure to complete
this project once begun. Upon proof of
completion of the project, payment in full to
the Contractor and the submission of lien
waivers, the funds held in trust shall be
released by the City.
4. Oelray Summit, Inc. shall enter a written
Agreement with the Contractor for this project.
The Agreement shall state that the contract is
only between 081ray Summit, Inc. and the Con-
tractor and that the City shall have no duty to
the Contractor under the contract or otherwise
for any work performed in accordance with the
contract.
2
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~-____:t
s. That the obligation to maintain the parking
provided by this Agreement shall be solely the
obligation of Celray Summit, Inc., and that
after thirty days notice if Celray Summit, Inc.
} fails to undertake required repairs or mainte-
nance (as determined by the City) of the subject
parking area, the City may have the work done
and charge all costa to Celray Summit, Inc., and
may lien the property owned by Celuy Summit,
~I.C' it .a. timely paid.
6. That Celray Summit, Inc., its officera, members,
and persons under its control shall take no
t affirmative action to exclude any member of the
general public from using the public parking
prOvided for in this Agreement.
7. That to that extent permitted by law, the Celray
Summit, Inc. hereby agree. to hold harmlesa,
aave, defend, and indemnify the City of Celray
Beach, ita agents, employeea, and officials from
all claim., suits, and actiona of any nature
. ari.ing from the construction or use of this
parking by the Celray Summit, Inc., its members
or persons providing servicea to ita members.
However, this paragraph, shall not be applicable
to suits by adjacent property ownera contesting
the rights of the City or Celray Summit, Inc. to
provide public parking on the right-of-way of
Lowry Street.
3
1111
. .
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IN WITNESS WHEREOF, the partie8 hereto executed this
Agreement this ~ day of ~ Z":_ ~ , 198~
ATTEST: CITY OF DELRAY BEACH, FLORIDA
. "
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Cit lerk Mayor"- , -'
Approved a8 to form and
legal sufficiency.
~~lV
i:ity Attorney !
WITNESS. DELRAY SUMMIT, INC.
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Corporate Seal
If Applicable.
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OIUlAY .Uc:M. n.o.'DA .....
SepUmhe;t 10, 1985
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TO !+Nan n MY COV(I/IN:
Th.L. i..4 iD ~ iJud on. S~ 10, 1985 ~ &a"J 01
qo~ paMe4 (I 1luo./utL,n. ~ Iftt. C~ BJ...~
CIt.tWurrJn 4. ilLc ~ C~ ollJeJ.Nzy. Sumti.t, "/n.c. iD
4i.gA ilLc A~ 6clu.ecn. ilLc CUv- 01 fk1.Nzy. 8ct:A. (I flUtJeipd
CO"fJONW.on, aM. ~ 0Wray. S""",u. /n.c. (I Fl.olfoirl4 Co~
da:UJ. ~~ L.4.~ ~ r,r: . _/mt ilLc f'UICPlUC 01 f'Mvi.r1.i.1rf.
amN tlo puhJ..U:. ~ in. Wuc ~ u iAc fJcJM.y. SumtU,
In.c.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
.
FROM: CITY MANAGERtr'l
SUBJECT: AGENDA ITEM # 'f c.. - MEETING OF DECEMBER 8, 1992
RESOLUTION NO. 134-92/MICHAEL J. MACHEK, JR.
DATE: DECEMBER 4, 1992
At the November 24, 1992, meeting, Commissioner Ellingsworth
asked that consideration be given to naming the Boy Scout Hut on
Lake Ida Road in honor of Mr. Michael J. Machek, Jr. Mr. Machek
(now deceased) had been active in Scouting for many years and had
distinguished himself through his dedicated service to the Boy
Scouts of America as well as the City of Delray Beach. To this
end, Resolution No. 134-92 has been prepared for your
consideration.
Recommend consideration of Resolution No. 134-92, naming the Boy
Scout Hut on Lake Ida Road the "Michael J. Machek, Jr. Scout Hut"
in recognition of his leadership and dedicated service.
'.
I
,
I RESOLUTION NO. 134-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, NAMING THE BOY SCOUT HUT ON LAKE
IDA ROAD THE "MICHAEL J. MACHEK, JR. SCOUT HUT" IN
Ii RECOGNITION OF HIS DEDICATED SERVICE TO THE BOY SCOUTS
'I OF AMERICA AND THE CITY OF DELRAY BEACH.
:1 WHEREAS, Michael J. Machek, Jr. , was a Scoutmaster in Delray
Beach for over 40 years with Troops 101 & 302; and
I an Eagle Scout himself, he guided 40 young men to
II WHEREAS, as
I! achieve the rank of Eagle Scout; and,
II Todd Clark, was selected from
I WHEREAS, one of his Eagle Scouts,
I three million boys as the number one Scout in the nation to present the
I
! annual Scout report to the President of the United States in 1984; and,
I WHEREAS, Michael J. Machek, Jr. , was instrumental in the
,
!I development and construction of the local "Scout Hut"; and,
Ii
"
il WHEREAS, among his many scouting honors, he served as
coordinator of all Wood Badge courses in the Southeast Region and was
il the holder of four Wood Badge Beads, the high.at award in Adult
Leadership Training; and,
II WHEREAS, his teaching ideas and programs are incorporated in
many of today's adult training manuals; and,
II WHEREAS, in addition to his many scouting activities, he
i!
II received the Key Citizen Award from the City of Delray Beach in 1984,
donated his time and equipment in the planning and construction of what
is now Hilltopper Field at Atlantic High School, was a Life Member of
the Delray Beach Lions Club and a member of Cason United Methodist
;1 Church; and,
;1
WHEREAS, the City Commission is desirous that the efforts and
:1 contributions made by Michael J. Machek, Jr. be recognized, acclaimed
ij and permanently recorded,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
II CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
:\ That the City Commission of the City of Delray Beach, Florida,
i in recognition of his leadership and dedicated service, does hereby name
!
I the Boy Scout Hut on Lake Ida Road the "MICHAEL J. MACHEK, JR. SCOUT
HUT" , and said building shall hereafter bf known as same.
I PASSED AND ADOPTED in regular session on this the 8th day of
I December, 1992.
I
I
, MAY 0 R
I ATTEST:
I
I City Clerk
.
'.
. .'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM i 9.0, - MEETING OF DECEMBER 8. 1992
RESOLUTION NO. 137-92
DATE: December 2, 1992
This is a resolution requesting financial and technical assistance
from the Metropolitan Planning Organization to prepare the City's
Transportation Mobility Element.
As a part of Plan Amendment 92-2 and our desire for relief from
possible traffic concurrency constraints in the Central Business
District, the City is committed to creating a Transportation Mobility
Element ( TME) . A TME is an upgrade of the Traffic Element which is
normally found within the comprehensive plan. The rules for a TME
have recently been promulgated by the Department of Community Affairs
and Florida Department of Transportation.
The Planning and Zoning Board reviewed this subject at the time they
acted on P Ian Amendment 92-2. The Board was supportive of pursuing
the TME and a cooperative program to do so. A detailed staff report
is attached as backup material for this item.
Recommend approval of Resolution No. 137-92.
,. .
.
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-
C I T Y COM MIS S ION DOC U MEN TAT ION
,.~_...-
TO: DAVID T. HARDEN, CITY MANAGER
~~0Q~
FROM: D . KOVACS, DIRECTO
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 8, 1992
REQUEST TO THE PALM BEACH COUNTY METROPOLITAN
TRANSPORTATION ORGANIZATION (MPO) FOR FUNDING OF A
TRANSPORTATION MOBILITY ELEMENT (TME)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a RESOLUTION which requests funding assistance
and participation in preparation of the City's
Transportation Mobility Element.
BACKGROUND:
As a part of Plan Amendment 92-2 and our desire for relief from
possible traffic concurrency constraints in our Central Business
District, we are committed to creating a Transportation Mobility
Element (TME) . A TME is an "upgrade" of the Traffic Element
which is normally found within a comprehensive plan. The rules
for a TME have recently been promulgated by DCA and FDOT.
At the Federal level, funding has been made available for
planning, design, and construction of integrated transportation
programs i.e. the same items which are to be addressed and
implemented through a Transportation Mobility Element.
At the County level, a program for putting together a
County-wide TME is evolving. A part of that program will focus
upon how downtowns and other destination areas will best be
served by area wide transit systems (Tri-Rail, Amtrak, CoTrans).
It will also examine how "linkage" would best be provided
between the transit facilities and the destination areas.
-
City Commission Documentation
Meeting of December 8, 1992
Request to The Palm Beach County MPO for
Funding of a Transportaion Mobility Element (TME)
Page 2
Since Delray Beach has several features which are all essential
components for an integrated transportation program, i.e.:
* a defined and viable downtown
* an existing Tri-Rail Station
* an existing AMTRAK Station
* existing CoTrans service
* concentrated employment, retail, and other activity centers
* a desire and commitment for intensification of use and
activity in the downtown area
* an Administration which has demonstrated excellent working
relationships with other agencies, especially those dealing
with transportation and land use planning
* a community which has demonstrated leadership in pursuing
innovative solutions to growth management situation and has
turned problems into opportunities.
'.tt is natural, and appropriate, that our efforts toward creating
a TME be coordinated with those of the County. Also, since we
are able to proceed now; and, thus be a model and pilot for work
that the County will later be undertaking, it is appropriate
that our pioneering efforts be funded and directed through the
new Federal programs.
To this end, we should not only seek funding for our TME but
also that our TME be created under a multi-jurisdictional
effort. It is recommended that the MPO fund, and a consortium
of County, MPO, FDOT, and local representatives constitute a
management team which will direct the TME preparation efforts.
While, the project will be a joint effort, the decisions on the
final product (goals, objectives, policies, standards, capital
expenditure, and operating/maintenance commitments will remain
with the City Commission.
As a first step in pursuing the above effort, it is appropriate
to petition the Palm Beach County MPO for funding and to seek
support of that request from the Board of County Commissioners
and District IV of FDOT.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this subject at the time
they acted on Plan Amendment 92-2 and review of the ORC Report.
They were supportive of pursuing the TME and a cooperative
program to do so.
---"^_._.~._----
City Commission Documentation
Meeting of December 8, 1992
Request to The Palm Beach County MPO for
Funding of a Transportaion Mobility Element (TME)
Page 3
RECOMMENDED ACTION:
Approve the accompanying Resolution and direct the City Manager
to not only forward the Resolution to the MPO, but also to
solicit support from the Board of County Commissioners and
District IV, FDOT.
Attachment:
* Resolution
DJK/T:CCTME.DOC
..Jf"\,
"'-- -
-=
RESOLUTION NO. 137-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SEEKING PARTICIPATION AND
FUNDING FROM THE PALM BEACH COUNTY METROPOLITAN
PLANNING ORGANIZATION (MPO) FOR THE PURPOSE OF
PREPARING A TRANSPORTATION MOBILITY ELEMENT (TME).
WHEREAS, the City of Delray Beach has established an
Interim Transportation Concurrency Management Area (TCMA)
designation through an amendment to its Comprehensive Plan; and,
:\ WHEREAS, the City of Delray Beach is committed to the
ij goals, objectives and policies as promulgated by the Department
:1 of Community Affairs (DCA) through Rule 9J-5.00575 (TCMA) ,
Ii including the preparation of a Transportation Mobility Element
I
'I (TME) ; and,
il WHEREAS, Palm Beach County is undertaking a program for
II preparation of a Countywide Transportation Mobility Element; and,
WHEREAS, the Delray Beach Downtown TCMA will be an
!I integral component of the County TME in that the following
II
:i features which are all essential for a successful integrated
I' transportation program exist within the City of Delray Beach,
,I
" to-wit:
,I
I
* a defined and viable downtown
* an existing Tri-Rail Station
* an existing AMTRAK Station
* existing CoTran Service
* a desire and commitment for intensification of use
and activity in the downtown area
* an Administration which has demonstrated excellent
working relationships with other agencies, especially
those dealing with transportation and land use
planning
, * a community which has demonstrated leadership in
,I
;1 pursuing innovative solutions to growth management
"
,I situations and has turned problems into
Ii opportunities; and,
I
:! WHEREAS, funding and assistance has been made available
I
il for integrated transportation planning through provisions of the
ii Intermodal Surface Transportation Efficiency Act of 1991; and,
'I WHEREAS, Palm Beach County Metropolitan Planning
:, Organization is the lead agency in the local implementation of
;1 the Act and the distribution of funds.
,I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
11 OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. It is requested that the Metropolitan
il
'I Planning Organization provide adequate funding for the Delray
II Beach TME in that it shall provide a pilot/model Element to be
used as a part of the Palm Beach County TME effort.
II Section 2. It is requested that the Metropolitan
Planning Organization be the lead agency in the administration of
!,I the TME effort and that there be a coordinating committee which
'\ consists of MPO, Palm Beach County, FOOT, and City
'I representatives to assist in this effort.
"
"
:1 Section 3. That the support of the Board of Palm Beach
iI County Commissioners and District IV, Florida Department of
'I Transportation, is hereby sought in support of this request.
,
I
~_._-_.~"
,I
,
Section 4. That the City Clerk is directed to convey
this Resolution to the MPO, Board of Palm Beach County
Commissioners, and District IV of FOOT.
PASSED AND ADOPTED in regular session on this the 8th
day of December, 1992.
MAY 0 R
ATTEST:
I
I
I
i City Clerk
I
i
,
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I
il
'I
ij
I
ii
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II
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:I
II
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i
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!
i
I
:! - 2 - Res. No. 137-92
:i
,
.
>-,,-..-.----
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER cJ;u1
SUBJECT: AGENDA ITEM # qt:. - MEETING OF DECEMBER 8, 1992
AUTHORIZATION TO PROCEED - MARKET ANALYSIS/SILVER TERRACE
DATE: December 2, 1992
This item is before you to authorize staff to proceed with a market
analysis for Silver Terrace. Because of the lack of basic research
data, staff has reached a standstill with regard to providing a
recommendation for this project. While some data can be obtained and
plotted in-house, staff believes that it is necessary to use a
professional market analysis consultant. It is estimated that the
study will cost $10,000. Funding is available in the City Manager's
Contingency.
Recommend staff be authorized to proceed with the market analysis for
Silver Terrace and approve the transfer of up to $10,000 from the City
Manager's Contingency to Planning and Zoning - Other Professional
Services (Account No. 001-2511-515-31.90).
. , '
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
-~~ Gv(V\
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 8, 1992
APPROPRIATION OF FUNDS FOR PROFESSIONAL SERVICES IN
CONJUNCTION WITH THE SILVER TERRACE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
appropriation of $10,000 for professional services needed
for continuation of the Silver Terrace Redevelopment Plan.
BACKGROUND:
As the City Commission is aware, the Planning Department has
commenced work on the Silver Terrace (Redevelopment Area #4)
Redevelopment Plan. The following progress has been
accomplished to date:
1- Two community meetings. One on October 14th at which
time the concepts and processes of redevelopment area
planning were discussed. The second, on October 28th,
addressed several redevelopment scenarios. There
appears to be a willingness, on behalf of property
owners, to cooperate with a redevelopment effort --
primarily by being "bought-out".
2. The creation of six (6) redevelopment scenarios
ranging from an existing situation to a large scale
mixed use concept. Exhibits showing these concepts
are attached for your information.
3. Meetings with development and investment entities.
These meetings have involved the assigned staff
Planner (Janet Meeks), P&Z Board Member Bob Currie,
Bill Andrews, and the Director (David Kovacs) .
Residential and Commercial investors have engaged in
these discussions.
4. The next community meeting is scheduled for December
l5th. Our target is to have a determination as to
whether or not we (the City) will engage in an
aggressive program (acquisition, aggregation,
marketing) or a passive program (minor changes to land
use designations and a very limited participatory
role) by the end of January.
City Commission Documentation
Meeting of December 8, 1992
Appropriation of Funds for Professional Services
In Conjunction with the Silver Terrace Development Plan
Page 2
All of our discussions with investors and developers have been
encouraging. However, we are limited in our ability to obtain
more definitive assistance due to a lack of some basic research
data. While some data can be obtained and plotted by our staff,
it will be necessary to use the services of a professional
market analysis consultant. Also, some specific environmental
(railway noise) (environmentally sensitive pinewoods area)
analysis may be needed. Thus, we are somewhat of a standstill
in our ability to provide the type (degree of confidence)
recommendation which we would like.
During preparation of the FY 92/93 budget, funding for
professional services in conjunction with redevelopment planning
was requested; but was deleted. Thus, we are now before the
City Commission with a request for supplemental funding. An
amount of $10,000 is requested at this time. While additional
funding may be needed at a later date, we believe this amount is
appropriate to get us to the next level of decision making.
The allocation of the funds for specific services will be under
the control of the City Manager since he must approve the
letting of contracts for such services.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this request for
funding. However, Board Members have been participants in the
community meetings and are encouraged by the redevelopment
project. Member Bob Currie has an active role in the community
meetings and discussions with the development community.
RECOMMENDED ACTION:
By motion, appropriate the sum of $10,000 from the General Fund
Surplus to Account # 001-2511-515.31.90, Other Professional
Services, Planning and Zoning Department.
Attachment:
* Scenario graphics, existing land use exhibit
DJK/T:CCSILVER.DOC
11
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* STRIP COMMERCIAL - EXISTING LAND USE PATTERN
* WATER/SEWER UPGRADED IN EXISTING STREETS
* NO AGGREGATION OF LAND
* EVERYONE DEVELOPS ON OWN
* RESULTS IN SITUATION THAT WILL NOT BE IN ACCORDANCE WITH
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TRADITIONAL PLUS
* AGGREGATION OF PROPERTIES IN NORTH PART OF SILVER TERRACE
* NO THRU TRAFFIC
* STREETS PAVED AS IS
* POSSIBLE ABANDONMENT OF PARK AVENUE & NORTH PART OF MIAMI
* EXISTING INDUSTRIAL TO REMAIN
* AGGREGATION OF COMMERCIAL
* DEVELOPMENT ON OWN, SOME MUNICIPAL ASSISTANCE (FACILITATE, ABANDONMENT~
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* OPEN SPACE AMENITY
* FOCUS ON PEDESTRIAN SCALE
* MORE INTENSITY TOWARD US-l
* NO NEW COMMERCIAL .
* REQUIRES PARTNERSHIPS AND/OR AGGREGATION, PHASING POTENTIAL
* SILVER TERRACE "BUY OUT"
* WILL ACCOMODATE APPROXIMATELY 220 UNITS
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* DELRAY PLACE & DEAN WITTER REMAINS
* SILVER TERRACE "BUY--OUT"
* WILL ACCOMODATE APPROXIMATELY 360 UNITS
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
I
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FROM: CITY MANAGER (/..!
SUBJECT: AGENDA ITEM # 9;= - MEETING OF DECEMBER 8, 1992
ORDINANCE NO. 63-92/COMPREHENSIVE PLAN AMENDMENT 92-2
DATE: DECEMBER 4, 1992
Ordinance No. 63-92 adopts Comprehensive Plan Amendment 92-2
pursuant to the provisions of the "Local Government Comprehensive
Planning and Land Development Regulations Act", Florida Statutes
Sections 163.3161 through 163.3243, inclusive.
At the December 1st regular meeting, second reading and a public
hearing were held on Ordinance No. 63-92. Final action, however,
was deferred to December 8, 1992, so that language corrections
could be made to the text as requested by the County and FDOT.
The actual changes will be reported at the meeting.
Recommend approval of Ordinance No. 63-92.
..
;,"
6"..:-0:.:.:;:<>:'.
ORDINANCE NO. 63-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA. ADOPTING COMPREHENSIVE PLAN
AMENDMENT 92-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243. INCLUSIVE; INCLUDING
AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF
THE PLAN, TRAFFIC ELEMENT, HOUSING ELEMENT. COASTAL
MANAGEMENT ELEMENT , FUl'URB LAND USE ELEMENT AND
CAPITAL IMPROVEMENTS ELEMENT, BASED UPON AN ASSESSMENT
OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND
NEW INFORMATION; INCLUDING CHANGES TO THE FUl'URB LAND
USE MAP; INCLUDING CITY BOUNDARY ADJUSTMENTS PURSUANT
TO ANNEXATIONS; INCLUDING AMENDMENTS TO PART IV,
"REQUIREMENTS FOR CAPITAL IMPROVEMENTS
IMPLEMENTATION"; AND INCLUDING TEXTUAL AMENDMENTS TO
THE PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN
SPACE AND RECREATION ELEMENT, FUl'URB LAND USE ELEMENT
AND CAPITAL IMPROVEMENTS ELEMENTS; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTInED
"COMPREHENSIVE PLAN AMENDMENT 92-2" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted
pursuant to the provisions of Florida Statutes Sections 163.3161 -
163.3243 known a8 the "Local Government Comprehensive Planning and
Land Development Regulation Act; and,
WHEREAS, via Ordinance No. 82-89 the City Commission adopted the
document entitled "Comprehensive Plan - Delray Beach, Florida"; and,
WHEREAS. the Planning and Zoning Board, as Local Planning Agency
did prepare an amendlllent to the C01Ilprehens1ve Plan entitled
"Comprehensive Plan Amendment 92-2"; and.
WHEREAS, the Planning and Zoning Board, as Local Planning Agency,
following due public notice. held a public hearing on June 15. L992,
in accordance with the requirements of the "Local Government
C01Ilprehensive Planning and Land Developlllent Regulation Act"; and.
WHEREAS, after the above-referenced public hearing, the Planning
and Zoning Board, as Local Planning Agency. recommended to the City
Collllll188ion that the proposed Comprehensive Plan Amendment 92-2 be
adopted; and,
WHEREAS. proposed Comprehensive Plan Amendlllent 92-2 was submitted
to and reviewed by the City Commission; and,
WHEREAS, following due public notice, the first of two required
public hearings on Comprehensive Plan Amendlllent 92-2 was held by the
C~ty Commission on June 23, 1992, in accordance with the requirelllents
of the "Local Government Comprehensive Planning and Land Developlllent
Regulation Act"; and,
WHEREAS, proposed C01Ilprehensive Plan Amendlllent 92-2 was forwarded
to the State Department of Community Affairs for review and comment on
June 25, 1992; and.
WHEREAS. a report of Objections. Recommendations and Comments has
been received frolll the State Department of Community Affairs and said
report has been reviewed by the Planning and Zoning Board. as Local
Planning Agency. and is the basis for modifications to the proposed
.! C01Ilprehensive Plan Amendment 92-2; and,
I
.
--~ ---~,-
.
.
.
-=
=
WHEREAS, following due public notice. two public hearings were
held on November 24, 1992, and December 1, 1992, in accordance with
the requirements of the "Local Government Comprehensive Planning and
Land Development Regulation Act",
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach,
Florida, hereby declares its intent to exercise the authority granted
pursuant to the provisions of Florida Statutes Sections 163.3161 -
163.3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act".
Section 2. That in implementation of its declared intent set
forth in Section 1 of this ordinance, there is hereby adopted the
document entitled "Comprehensive Plan Amendment 92-2", which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan -
Delray Beach, Florida" is hereby amended pursuant to the document
entitled "C01IIprehensive Plan Amendment 92-2".
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence. or word by
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 all ordinance. or parts of ordinance. which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon the
City's receipt of Notice of C01IIpliance from the State Department of
Community Affair., pursuant to Florida Statute. Section 163.3184.
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
.
"
..
-
~
.
CITY OF DELRAY BEACH
COMPREHENSIVE PLAN AMENDMENT 92-2
AS MOD I F I ED BY II RESPONSE TO ORC REPORT"
November 20, 1992
-
,
INDEX
AMENDMENTS TO THE TEXT OF THE COMPREHENSIVE PLAN
I. Part II. Summary of Major Features
of the Comprehensive Plan ................. 1
II. Conservation Element ...................... 1
III. Public Facilities Element ................. 1
IV. Traffic Element ........................... 2
V. Open Space and Recreation Element ......... 28
VI. Housing Element ........................... 28
VII. Coastal Management Element ................ 30
VIII. Future Land Use Element ................... 30
IX. Capital Improvements Element .............. 38
X. Intergovernmental Coordination Element .... 40
XI. Part IV. Requirements for Capital
Improvements Implementation ............... 40
XII. Part V. Procedures for Monitoring and
Evaluation of the Plan .................... 41
XIII. Future Land Use Map Amendments ............ 42
XIV. City Boundary Adjustments Pursuant
to Annexations ............................ 42
___.._._.n____.._...____
. .
"
COMPREHENSIVE PLAN AMENDMENT 92-2
AS MODIFIED' BY "RESPONSE TO ORC REPORT"
I. Part II. SUMMARY OF MAJOR FEATURES OF THE COMPREHENSIVE
PLAN
There are no amendments to this section.
II. CONSERVATION ELEMENT
There are no amendments to this Element.
III. PUBLIC FACILITIES ELEMENT
l. Location: P.III-B-IS and 16, 7. Inventory and Analysis ---
Buildings and Other Facilities, New item and new paragraph
Change: ADDITION - NEW ITEM
. City Marina
Change: ADDITION - NEW PARAGRAPH (After Public Safety
Building paragraph)
The City Marina is a 25-s1ip faCility on the
Intracoastal Waterway and is addressed in the
Open Space & Recreation Element.
2. Location: P. 111-8-16, 7. Inventory and Analysis ---
Buildings and Other Facilities, New paragraph five, and P.
111-8-18, 8. Needs and Recommendations, New item
Change: ADDITION - NEW PARAGRAPH
Each of the facilities under the auspices of the
City include plant and equipment which must be
maintained, replaced or upgraded to insure
continuation of the adopted level of service.
Replacements of irreparable or obsolete office
equipment (e.g. photocopiers, furniture, etc. ) ,
replacement of computer hardware, and replacement
of ma 1 or pieces of equipment (e.g. front-end
loaders, generators, atc . ) as well as building
maintenance and repair will be required as needed
to continue the efficient delivery of services.
change~
.
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TABLE T.1c INTERIM LOS STANDARDS FOR GATEWAY ROADS IN THE DOWNTOWN TCMA
(VILLAGE CENTER DEVELOPMENT SCENARIO)
CURRENTLY INTERIM LOS
ROAD APPROVED DAILY P.M. PEAK
SEGMENT LOS (ADT) (AOT) HOUR (VEH) SOURCE
A-1-A (Through City) 15,300 (1) 16,300 1,483 FOOT (3)
A-1-A (Through City) 13,700 (2) 15,379 1,476 Palm Beach County (4)
(1) FOOT Daily Roadway Service Volumes for State Arterials and Expressways (Adopted City Plan)
(2) Palm Beach County Traffic Perfonnance Standards Ordinance
(3) FOOT Standardized Highway Capacity Tables "Generalized Annual Daily Volumes for
Florida's Urbanized Areas-
(4) Palm Beach County LOS standard based on analysis provided through the GAE process
3. Location: P. III-C-9, Inventory, New item
change: ADDITION I :'i i~12'\o- \ .:
. The Cit has defined
develo ment scenario see Fut
Element for a descri tion of t
area for a ortion of the D ntown. This
area is also designated as a(\~Transportation
Concurrency Management Area (TCMA). The
TCMA concept is used in con1unction with the
downtown "Village Center" development
scenario to encouraqe qrowth into
development patterns that support
alternatives to single-occupant automobile
transportation. It is recognized that
achievement of the proposed development
intensities, densities and mixed use
patterns which are conducive to redUCing
dependence on Single-occupant automobile
travel reguires a long-term strateqy based
on directing development into more intensive
patterns coupled with an early and continued
commitment to public transit and an
accommodation and management of traffic
congestion. The City therefore finds that
the creation of a TCMA enhances the
long-term development and mobility goalS of
the City, specifically the downtown "Village
Center" development scenario, and that these
goals are balanced, realistic and
achievable.
3
4. Location: P. III-C-9 New Figure T-2a
Change: ADDITION
Add new map (T-2a) showing the location of
vehicle accidents involving bicycles or
pedestrians for calendar year 1991 and the
accompanying text:
. Fiqure T-2a shows 1991 vehicle accident
locations involving a bicycle or pedestrian.
.
4
_.,-- - . ~.._-_.._---
. . FIGURE T-2A VEHICLB ACCIDENTS INVOLVING
BICYCLE/PEDESTRIANS 1991
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5. Location: P. III-C-12, Analysis, New item
Change: ADDITION
. The downtown "Village Center" development
scenario (see Figure L-8 in the Future Land
Use Element) is generally bounded by West
1st Avenue, N.E. 4th Street, Federal Highway
(U.S. 1) and Intracoastal Waterway, and S.E.
2nd Street. The development patterns
planned for this area are shown in Table
L-2a of the Future Land Use Element. The
land uses shown in Table L-2a represent an
increase in densities within this defined
geographic area. Creation of the future
land use densities will further the goals of
this Plan through the long-term
implementation of development and mobility
needs in a balanced, realistic and
achievable manner. This specifically
includes that for developments within the
TCMA, 27. of all traffic will remain within
the TCMA area. Also, the existing grid
system of streets in the downtown and
surrounding area allows external traffic to
distribute using many alternate routes.
This distribution results in traffic seeking
and using alternate routes when routes
become congested. Finally, the increased
land use intensities and activities in the
"Village Center" may result in opportunities
relating to Transportation Demand Management
strategies for reducing peak hour traffic.
One purpose of defining this speCific area
development pattern is to gain access to the
flexibility relating to designation of this
area as a TCMA. The purpose of a TCMA is to
encourage land use planning within a compact
geographic area which enhances mobility
goals with a balanced development scenario.
This development pattern is to result in
alternatives to the use of a single-occupant
automobile trip for mobility needs.
The City and the Community Redevelopment
Agency (CRA) are committed to development of
the downtown area, more specifically that
area defined in Figure L-8 of the Future
Land Use Element, which further the goals of
the City relative to achieving a balanced,
realistic and achievable development/
mobility mix. The development likely to
6
--",---,_.--- -'-
,
occur within the next 36 months within this
downtown "Village Center" area (identified
as interim land use totals in Figure L-2a of
the Future Land Use Element) may result in a
temporary inability to meet adopted road
concurrency standards. The City and CRA
identify this as a possibility but, feel
that redevelopment goals including increases
in downtown activities, employment, and
downtown revitalization while directing
development toward downtown and away from
the suburban sprawl areas, outweigh said
road concurrency standards. The ultimate
land use mix for this geographic area will
result in a balance between mobility and
development, however, near term imbalances
may occur. The City is designating this
downtown area as an interim TCMA to allow
this interim development to occur.
6. Location: P. III-C-l4, Definitions
Change: ADDITION
The following information is proposed to be
placed in the Traffic Element. A section is to
be created titled 'DEFINITIONS' and is to include
the following initial set of definitions.
DEFINITIONS I This section of the Traffic Element
contains definitions of traffic terms relating to
the contents of this element. It is not a Rule
9J-5, F.A.C. requirement, but is included in the
plan for the purpose of clarifying technical
traffic terminology appearing in this Element and
elsewhere in this Plan.
TRANSPORTATION CONCURRENCY MANAGEMENT AREA (TCMA)
- a geographically compact area designated in a
local comprehensive plan where intensive
development exists or is planned in a manner that
will ensure an adequate level of mobility and
further the achievement of identified important
state planning goals and policies, including
discouraging the proliferation of urban sprawl,
encouraging the revitalization of existing
downtowns or designated redevelopment areas,
protecting natural resources, maximizing the
efficient use of existing public facilities, and
promoting public transit, bicycling, walking and
other alternatives to the single occupant
automobile.
7
TRANSPORTATION DEMAND MANAGEMENT (TDM) -
strategies and techniques that can be used to
increase ""the efficiency of the transportation
system. Transportation demand manaqement focuses
on ways of influencing the amount of and demand
for transportation by encouraging alternatives to
the sinqle occupant automobile and by altering
local peak hour travel demand. These strateqies
and techniques may, among others, include: ride
sharinq proqrams, flexible work hours,
telecommutinq, shuttle services, and parking
management.
TRANSPORTATION SYSTEM MANAGEMENT (TSM) -
improving roads, intersections, and other related
facilities to make the existing transportation
system operate more efficiently. Transportation
systems manaqement techniques include demand
management strategies, incident management
strategies, and other actions that increase the
operating efficiency of the existing system.
TRANSPORTATION M08ILITY ELEMENT (TMB) - an
inteqrated, multi-modal comprehensive plan
element addressing transportation, land use, and
capital improvements planning that meets the
requirements of rule 9J-5.0057, F.A.C. The
transportation mobility element may identify one
or more transportation concurrency management
areas.
7. Location: P. III-C-17, Policy A-l.5
Change: NEW POLICY
\, liP () Policy A-l. 5: The City, throuqh this policy
.;j..J . 't'- J... ~
, -;'- ~ statement, endorses the continuation of railroad
,'1./ ;A., #" service. More specifically, the City, through
-\ ~ this policy statement, endorses the continuation
r ":.{ ~
-:s :;<: :i of an Amtrack passenger station and a Tri-Rail
<.- ~ passenger station within the City.
, "C c;-
8. Location: P. III-C-21, Goal Area "8", Objective B-1
Change: AMENDMENT
The Level-of-Service (LOS) for the Delray Beach
street system is hereby established as "C" for
all conditions except for:
. streets under State jurisdiction which shall
be allowed to function at LOS "0" under any
condition pursuant to Table T-lb, and
8
--- "_..-0.- _..~~,.._-
,
. streets under County jurisdiction which
shall be allowed to function at LOS "D"
under any condi tions pursuant to the Palm
Beach County Traffic Performance Standards,
Ordinance 90-40/, and
* _tteet_ a~~te__e~ lA tMe ~e~,ta;Mlt Atea ~t
Ette;tl~A _Mall >>e all~.e~ t~ ~;etate at a
l~.et i0" a~ all~.e~ ;14t~14aAt t~ tMe Pal.
8eatM t~14fttt Ttattlt Pett~tmaftte Staft~at~~'
0t~lAaftte ,ef'"
. streets identified as City Collectors or
city Arterials on the Traffic Element
Network Map (Figure T-4) shall be allowed to
function at LOS "0" under any condition
pursuant to Table T-1b.
. streets within the interim TCMA shall be
allowed to function at LOS '0' pursuant to
the provisions of Traffic Element Policy
E-l. 6 .
9. Location: P. III-C-22, policy B-3.2
Change: REVISION
POlicy B-3. 2: A formal scenic street program
shall be established by June, 1992. Initial
improvements shall be funded through a General
Obligation Bond and then on an annual basis with
the first annual funding occurring in the FY
95/96 Budget. The program shall be developed
within the Community 0e~el~;a\eAt Set~l.te~ ~t~14p
Improvement Department.
The following shall be financed through the
General Obligation Bond program of 1989:
a) Atlantic Avenue east of the Intracoastal
Waterway;
b) Atlantic Avenue between Swinton and 1-95;
c) Atlantic Avenue between 1-95 and Military
Trail;
d) Swinton Boulevard from SE 10th Street to the
north City limits; and
e) Barwick Road, north of Atlantic Avenue.
9
'"
----
10. Location: P. III-C-22, Goal Area "B", New Objective, New
Policy
Change: ADDITION
Objective B-4:
An enhanced balance between employment, housing,
economic development, and traffic needs in the
"Village Center" downtown development scenario as
described in the Future Land Use Element shall be
accommodated, in part, through the following.
Policy B-4. 1: Traffic assessments for projects
within the "Village Center" development scenario
shall use the following analysis information:
. downtown internalization of 27'
. use of the grid system of streets for traffic
distribution
11. Location: P. III-C-23, Goal Area "E"
Change: NEW GOAL AREA, OBJECTIVES, AND POLICIES
GOAL AREA II E II
It is a goal of the City to provide for the
immediate designation of an interim
Transportation Concurrency Management Area (TCMA)
until such time as a Transportation Mobility
Element (TME) is adopted by a Comprehensive Plan
Amendment. The purpose of the TME shall be to
plan for a multi-modal, multi-optional
transportation system which places less emphasis
on accommodating the single-occupancy vehicle and
which . the development of
encourages compact,
non-automobile oriented urban areas, promotes
enerqy efficient development patterns, protects
air quality, and provides for the more efficient
mobility of residents, visitors, and goods.
[9J-5.0057(7)(b)]
Ob1ective 1-1:
In order to access the flexibility allowed in
establishing levels of service standards while
preparing a Transportation Mobility Element (TME)
addressing the entire jurisdiction, the City
Commission hereby deSignates the area described
in the "Village Center" development scenario,
Figure L-8 in the Future Land Use Element, as an
interim Transportation Concurrency Management
10
~_._-,.._- --'-'-
,
Area ( TCMA) . This interim TCMA designation shall
be effect.1ve for a maximum period not to exceed
thirty-six months from December 8, 1992 during
which time a TME shall be prepared and adopted.
[9J-S.OOS7(7)(a)]
Policy E-1.1: The interim TCMA designated within
Delray Beach shall automatically become null and
void if the Delray Beach City Commission does not
adopt a TME as a comprehensive plan amendment
within the time frame prescribed by Objective
E-1. [9J-S.OOS7(7)(a)]
Policy 1-1. 2 : The levels of service standards
established for the interim TCMA shall be valid
for no longer that the time frame prescribed by
Objective E-l. Should the City fail to adopt a
TME within the time frame prescribed by Objective
E-l, the levels of service standards established
for the interim TCMA's shall automatically be
rescinded and the level of service standard in
place before the designation of the interim TCMA's
shall be reinstated. [9J-S.OOS7(7)(a)]
Policy 1-1.3: The City Commission shall have the
authority to impose specific limits on the amount
of development permitted within the interim TCMA
and such limits shall be valid for no longer than
the time period prescribed by Objective E-l.
Said limits of development shall be as defined in
Table L-2a of the Future Land Use Element.
[9J-S.OOS7(7)(a)]
Policy 1-1. 4: The Planning Department shall
prepare monitoring status reports on a six month
basis. Said reports will reflect changes in the
amount of proposed, approved, built and total
existing conditions relative to land use density
and intensity in the TCMA. [9J-S.OOS7(7)(b)]
Policy 1-1.5, The Traffic impacts for projects
within the Downtown interim TCMA shall be
measured against the level of service liD"
standard for average annual daily traffic and
peak hour conditions as established in Objective
8-1 of this element, except for those roads
identified in Table T-lc. [9J-S.OOS7(S)(c)1]
Policy l-l.S, Developments within the TCMA shall
use the existing grid system of streets within
the TCMA and surrounding downtown area for
traffic distribution purposes.
11
'"
Policy E-1. 7: For mass transit facilities
located within the Downtown interim TCMA, the
level of service standards shall be as
established in the County Comprehensive Plan.
C9J-5.0057(S)(c)1]
Policy E-1.8: The specific limits on the amount
and type (by land use) of development permitted
within the Downtown interim TCMA shall be as
established in the "Village' Center" development
scenario as defined in Table L-2a of the Future
Land Use Element. [9J-S.OO57(7)(b)]
POlicy E-1. 9: The Traffic Engineer of Delray
Beach shall set up a monitoring program to track
new development approvals within the boundaries
of the Downtown Interim TCMA. The sum of the new
development approvals shall be compared to the
land use intensities in Table L-2a. The Traffic
Engineer shall submit a report to the office of
the Planning Director every six months comparing
the sum of new development approvals to the
quantities in said Table.
Objective 1-2
In order to assure intergovernmental
coordination, the City shall coordinate the
designation of the interim TeMA with other
entities.
Policy 1-2.1: Pursuant to County Comprehensive
Plan requirements, prior to the time the City
transmits a comprehensive plan amendment
designating one or more interim TCMA's, the City
shall petition the Board of County Commissioners
(B.C.C. ) to establish interim level of service
standards for collector or arterial road links
and gateway road links that are not the
responsibility of the City pursuant to County
Traffic Element Objective 13.
Policy 1-2.2: The City Commission accepts the
authority of the Board of County Commissioners to
impose conditions upon the approval of any
interim level of service standard which impacts a
road not under City jurisdiction, including but
not limited to, monitoring and status reports,
phasing requirements, roadway improvements,
bikeway and pedestrian system improvements, and
Transportation Demand Management (TDM) and
Transportation System Management (TSM) measures.
12
--.-- ----. -------
,
Objective !-3
within thirty-six (36) months after the adoption
of comprehensive plan amendment setting an
interim TCMA, the City Commission shall adopt a
Transportation Mobility Element (TME). The TME
shall provide for a safe, convenient and enerqy
efficient multi-modal transportation system. The
TME shall meet the provisions of the applicable
state statutes and administrative rules, and
requirements of Palm Beach County.
[9J-S.OOS7(S)(b)1]
Policy 1-3.1: In the development of its TME,
Delray Beach shall establish level of service
standards during the peak hour for roads and
transit facilities within its 1urisdiction after
consultation with the Florida Department of
Transportation, the County, and any affected
local governments. [9J-S.00S7(S)(b)11
Policy !-3. 2: In the development of its TMB,
Delray Beach shall provide for the control of
~onnections and access points of driveways and
roads to roadways. [9J-S.0057(S)(c)21
Policy E-3. 3: In the development of its TME,
Delray Beach shall establish parking strategies
that will promote use of alternatives to the
single-occupant automobile. [9J-S.OOS7(5)(c)31
PoliCy B-3. 4: In the development of its TME,
Delray Beach shall establish strategies to
promote the use of bicycles and walking.
[9J-S.OOS7(S)(c)S]
Policy B-3.5: In the development of its TME,
Delray Beach in cooperation with Palm Beach
County shall establish strategies to achieve or
maintain clean air quality, promote enerqy
conservation and efficiency, and reduce the
number of vehicle trips typically expected to be
generated by new development or redevelopment.
[9J-5.0057(S)(c)6]
Policy !-3.6: In the development of its TME,
Delray Beach shall establish Transportation
Demand Management (TOM) programs to modify peak
hour travel demand and reduce the number of
vehicle miles traveled per capita within the
City, County and region. [9J-S.OOS7(S)(c)71
13
Policy E-3.7: In the development of its TME,
Delray Beach shall establish Transportation
System Management (TSM) strategies as appropriate
to improve system efficiency and enhance safety.
(9J-5.0057(S)(c)8]
Objective E-4:
Within the time frame prescribed by Objective
E-l, Delray Beach shall coordinate the
transportation network with the future land uses
shown on the future land use map in order to
direct intensive development to the TCMA and
ensure that existing and proposed densities,
housing and employment patterns, and land use
relationships and intensities within the TCMA
will support the transportation modes and
services proposed to serve the TCMA.
r9J-S.OO57(5)(b)2]
Policy E-4.1: Delray Beach shall establish site
and building design standards for development
around fixed rail transit stops in order to
assure -the accessibility of new development
within TCMA's to fixed rail transit vehicles.
[9J-5.0057(5)(c)10]
Policy E-4.2: Delray Beach shall establish
numerical indicators against which the
achievement of mobility goals can be measured.
Such indicators could include modal split, annual
transit trips per capita, automobile occupancy
rates, number of pedestrians and bicyclists.
[9J-5.0057(S)(c)11]
Objective E-5
Within the time frame prescribed by Objective
E-1, Delrav Beach shall coordinate the
transportation network with the plans and
proqrams of any applicable Palm Beach County
Metropolitan Planning Organization, County,
County Public Transit Authority, Florida
Department of Transportation's (FDOT's) Adopted
Work Program, affected local governments,
a f f ected- redevelopment agencies, and affected
special districts with transportation powers. -
r9J-5.0057(5)(b)3]
14
. .
,
Policy E-5.1: Oelray Beach shall continue its
application and enforcement of Traffic Element
policy A-2.2 requiring acquisition, preservation,
or protection of existing or future
transportation rights-of-way and corridors
designated in Table T-4 of this Element.
[9J-S.OOS7(S)(c)4]
POlicy E-5.2: Delray Beach shall coordinate
roadway and transit service improvements with the
future needs of seaports, airports, and other
related public transportation facilities.
[9J-S.OOS7(S)(c)91
POlicy E-5.3: Delray Beach shall establish
strategies, agreements and other mechanisms with
County, regional and state agencies that
demonstrate the area wide coordination necessary
to implement the transportation, land use,
parking and other proviSions of the
transportation mobility element.
[9J-S.OOS7(S)(c)12]
Policy E-5.4: Oelray Beach shall provide for the
coordination between the transportation mobility
element's goals, objectives and policies and the
capital improvements identified in Rule 9J-S.016,
F.A.C. [9J-S.OOS7(S)(c)13]
Policy E-5.5: Oelray Beach shall establish
strategies to encourage local traffic to use
alternatives to the Florida Intrastate Highway
System to protect its interregional and
intrastate functions. [9J-S.OOS7(S)(c)14]
Objective !-6
Within the time frame prescribed by Objective
E-l, Oelray Beach, in coordination with
deSignated transit and paratransit providers I
shall address the provision of efficient mass
transit and paratransit services based upon
existing and proposed major trip generators and
attractors, safe and convenient mass transit
terminals, and accommodation of the special needs
of the service population and transportation
disadvantaged. [9J-S.0057(S)(b)4]
POlicy 1-6.1: Oelray Beach shall establish level
of service standards at peak hour for transit
facilities within the City after consultation
with the Florida Department of Transportation,
and the transit and para trans it providers.
[9J-S.OOS7(S)(c)l]
15
Policy !-6.2: Delray Beach shall establish
numerical indicators aqainst which the
achievement of mobility goals can be measured.
Such indicators could include modal split, annual
transit trips per capita, automobile occupancy
rates, and numbers of pedestrians and bicyclists.
[9J-5.00S7(S)(c)11]
12. Location: P. III-C-27 thru III-C-29, Revised Figure T-4 and
Table T-4
Change: REVISED
Revised Future Traffic Network map and table.
(see following pages)
16
_.-
Figure T-4 TRAFFIC ELEMENT NETWORK (Bxisting Map)
TRAFFIC C! C~"1Ei\!T NET'~ORK
LLLlVi I~ J
CITY OF DELRAY BEACH, I FL: ,. ,ro, }~'/11:~: "
JANUARY. 1989 ,1 i." ,: '::J CiY j '\;~:5 II
I II.. \ ...' I ! ". --
" .' , '--'-- ~ II ' ,
I to: ! ::....~- i@' .qt' !',' r::::: II
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. , . . . .... 11 .. . ....... r G) I :!:: I W -+:' :: ~
, '1-- 3 - --- @ I
; ~"'" I .. -, 511
, I · ~.'. ) I I I! .. I '-- - Ir~'
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I r~ ~ II ~ ~~". ,- -- - - I T. ~- T - - - - r - ~Jil j
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......... STATE PRINCIPAL ARTERIALS It!:..... L_r j :)
I /1 : .. ! : 1/
= = = STATE MINOR ARTERIALS ____ CITY COLLECTOR '---..-- ':, I
- - -COUNTY MINOR ARTERIALS HIGH SPEED RAIL CORRIDOR /
--.---COUNTY COLLECTOR ---- & TRI-COUNTY COMMUTER LINE & <1'
F.E.C. RAILWAY
@ STREET IDENTIFIER
*Rete~ to St~eet . TRAIN STATIONS (STOPS)
Listing page '111/11 COU~~TY Ju.~ISDrCTIa! ~
17
FIGURE T-4 TRAFFIC ELEMENT NETWORK (Propo8ed Map)
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21
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23
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(.)
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25
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(propo.ed Table)
f I f
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In I
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CJ i
it
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26
--.-----
(Propo.ed Table)
~~
Ii
iI~
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; ~~ II)
N N N N N N .
2i N
w ij!:
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as
27
V. OPEN SPACE & RECREATION ELEMENT
1- Location: P.III-D-ll, 3. Analysis, Baseball/Softball
Fields, New item
Change: ADDITION
~ Improve the existinq field at the Boy Scout
Complex, FY 93/94
2. Location: P.III-D-12, 3. Analysis, New Paragraph One
Change: ADDITION
The City Marina is a 25-slip facility on the
Intracoastal Waterway just south of Atlantic Ave.
Boat slips are rented by the City for both
live-aboards and short term mooring. Available
amenities include restrooms and laundry facilities.
VI. HOUSING ELEMENT
1- Location: P. III-E-18, Objective A-l
Change: REVISION
Objective A-I:
For those areas identified as "stable" on the
Residential Neiqhborhood Cateqorization Map, the
Ci ty shall establish and continue a program of
information exchange. The purpose of this
program is to provide a mechanism through which
these areas are kept aware of the overall
condition of the City, potential threats to the
neighborhoods, and of programs of aid,
assistance, and education which are available to
them. The program .H4ZZ ~4 has been established
under the auspices of the 0t1SitlS Z tSplli,hl t 8t1Stif~t1S;
0tfh{1S Community Improvement Department. 4~'"
IIlH4XX ~4 f~XXt la\;Zt6a\t6~tt6... ~t I~Xtl X"8i It
This program shall be based upon the following
policies:
2. Location: P. III-E-22, Objective B-2
Change: REVISION
Objective B-2:
For those areas identified as "rehabilitation
areas" on the Residential Neighborhood
28
.
Categorization Map, the City - through its
0eieZ~p~e~t 8etilee_ ~t~~p Community Improvement
Department - shall provide concentrated programs
of code enforcement, public investment in
infrastructure, public assistance in the
rehabilitation of structures, public action in
the provision of replacement housing,
opportunities for new private development, and
special social programs all directed toward the
stabilization and revitalization of those
designated areas. this objective shall be
accomplished through the following policies.
3. Location: P. III-E-27, policy C-2.l
Change: REVISION
Policy C-2.l: Vacant land areas l~ tMe ~~ttMwe_t
ari4 ~~.tMwe~t (lritZ.dlri; 8Z~~41~ ~t~iel p~tti~ri_
~t tMe elttl~ 'Zaririlrii Ate. ~M.ZZ ~e de_liri.ted
west of 1-95, shown on the Future Land Use Map as
low density residential and rural residential,
shall be retained for single family detached
housing or low density planned unit residential
development. .rid .MaZI te~.lri .. .~eMJ
4. Location: P. III-E-29, Policy C-4.5
Change: REVISION
Policy C-4. 5: This objective shall be assigned
to the 0eieZep.erit 8et1lee_ ~t~.p Community
Improvement Department and shall be carried out
pursuant to a collaborating objective in the
Intergovernmental Coordination Element. (See
Objective C-3 of this element)
5. Location: P. III-E-30, Objective C-7
Change: REVISION
Objective C-7:
The 0eielep~erit 8et1iee~ ~te~; Planning and
Zoning Department and Communi ty Improvement
Department in lt~ their role of providing
guidance and assistance to the development
community and in furthering the objectives of
this Goal Area shall provide a leadership role in
addressing deficiencies in the development
climate. The!!, Department! shall operate under
the philosophy of private enterprise regarding
efficiency and delivery of product. To these
ends and that of providing a top rate climate
which will attract quality developers, it these
Departments shall:
29
'III
'\.~...._.......w.
VII. COASTAL MANAGEMENT ELEMENT
1. Location: P. III-F-20, Policy A-4.4
Change: REVISION
Policy A-4.4: The City shall support the concept
of "countywide" application of regulations which
are targeted toward the protection of existing
resources as was done with the Wellfield
Protection Ordinance and Conservation Lands
Protection Ordinance. When such measures are
enacted, the City shall tMtthfiM Lt~ 0t6p.ttJ\4Jlt
0t 04i4Z0pJ\4Jlt S4tiL~4~ provide the clerical and
technical support personnel.L in the appropriate
Department, to provide for the effective
implementation of such ordinances. (cl4)
2. Location: P. III-F-26, Objective C-6
Change: REVISION
Obiective C-6:
The City, through its Development Services
Management Group, shall develop specific programs
for the following projects:
. Veteran's Park Redevelopment (see C-6.1)
. Marina Historic District (see C-2)
. FIND Parcel MSA 650
. Atlantic Avenue Improvements (see C-6.3)
. Snorkel and Scuba Park (see C-6.4)
. providing Additional Marina Facilities Along
the Intracoastal Waterway (see C-6.5)
VIII. FUTURE LAND USE ELEMENT
1. Location: P. III-G-3, New Section and Paragraph
Change: Addition
OTHER ITEMS:
The following information is in addition to the
reguirements of 9J-5-006(1). More detailed
information can be found in the document "Delray
Beach Downtown Core Geographic Area of Exception
from the Countywide Traffic Performance
Standards", October, 1991-
As a first step in pursing an objective of haVing
. a Downtown Development Program, the City of
30
.-....-.-
.
~
Delrav Beach has created a "Village Center"
development scenario which addresses all the land
located in the CBD and OSSHAD Zoning Districts,
lying west of the Intracoastal Waterway. This
scenario promotes continued development and
redevelopment in the downtown area through an
enhanced balance of employment, housing, economic
development and traffic.
The downtown "Village Center" development
scenario currently consists of approximately 235
acres of land.' The aggregated' major land uses
include:
Commercial 24' Railroad R-O-W 3'
Single Family Residential 11' Office 15'
Multi-Family Residential 7' Warehouse 4'
Vacant 6' Industrial 3'
Hotel l' Other 3'
Road R-O-W 20' --
The downtown "Village Center Development
Scenario" map (Figure L-8) illustrates proposed
general land uses for this area. Table L-2a
shows a comparison of the amount of current and
proposed land uses.
TABLE L-2a Village Center Development Scenario Land Uses.
Current and Proposed
USES CURRENT INTERIM PROPOSED
Commercial (sq. ft.) 895.162 1.036.017 1.112.994
OffIce (sq. ft.) 585.995 585.504 581.086
Industrial (sq. ft.) 89.156 93.705 180,118
Warehouse (sq. ft.) 181.930 180.361 151.092
Hotel (rooms) 1'Z1 180 180
SF Residential (units) 145 134 91
MF Residential (units) 264 3&1 957
Vacant (acres) 15 0 0
Other (SQ. ft.) 117.533 161.945 161.945
Noe.: ThIe Ie . MW.... wldertIIllllQ In tie tIIld cA thIe NpOrI omIDed fer ~..
31
-'-'-''-''''.~-
The following is a brief summary of the
highlights of this development scenario:
1- Full intill development: The 15 remaining
acres of vacant land, will be fully
developed over the next 20 year period.
2- Moderate increase in total non-residential
development: Redevelopment and adaptive
reuse of existing non-residential structures
and new construction would result in a
maximum 317,470 sq. ft. (17') increase in
building floor area. One such development
could be the Pineapple Grove Business Park
(see item '4 below).
3- Residential development: An increase in
resident development, from 264 to 957 units,
is planned based upon an increase in gross
densities from a maximum of 12 du/acre to 30
du/acre. These additional units could be
accommodated via one of three development
alternatives; free standing multi-family
development, apartments above stores, or
mixed use new development.
4- Employment base increase: The development
scenario calls for a commitment to
re-establish the downtown area as a major
employment center. This concept will be
accomplished, in part, through an increase
in industrial and warehouse development.
The proposed employment base areas are
located immediately adjacent to the Railroad
tracks. The major focus of this effort will
be the creation of the "Pineapple Grove
Business Park", on the eastern portion of
the Pineapple Grove area. The Park will
encourage development of arts, crafts,
design prOfessions and speciality
construction services and other such
services, with low cost sites, available
infrastructure, and "business park"
atmosphere as incentives.
5- Traffic levels: The development scenario is
projected to generate a peak of 13,597 total
daily trips, and 8,581 total external daily
trips. See the Traffic Element inventory
and analysis section for additional
information regarding traffic.
32
.-.-.--.-.-".-.--..-....-...---
"
I
2. Location: P. III-G-8, Analysis, First diamond
Change: REVISION
. Level of service deficiencies (based on
County and regional standards for all but
State facilities in which case FOOT
standards are used) currently (1'8" (1991)
exist on the following streets:
. Lake Ida Road, fitSw 4t !AJ0JSJ Y01
Military Trail to Swinton Avenue;
J MI.II.t4tt 'It4I.I' fitSw 4t !AJ0JSJ 1011
ritSttK tSt AtI4fitl.t A~~fi~~1
. I-951 fitSw 4t !AJ0JSJ yrYJ
. West Atlantic Avenue, Military Trail to
1-95;
. Federal Highway, Linton Boulevard to
Lindell Boulevard;
. Seacrest Boulevard, N.E. 22nd Street to
Gulfstream Boulevard.
The County Five-Year Road Program (FY 91/92
to 95/96) projects improvements for the
above situations as follows:
. Lake Ida Road improvements I.ri ry '2/'3
Military to Congress Avenue
construction in FY 93/94
J MI.II.t4tt 'It41.Z l.~fttS~~~~rit_ I.ri ry 8'/"
J AtZ4fitl.t A~4ri~~ w4_t tSt ttSfiit~__ fri FY
'Z/'2 (Atl4ritl.t A~4ri~4 f_ 4 St4t4
t4tfZfttl
J 04tm4fittSwri RtS4~ fri ry 'Z/'2
. Lake Ida Road improvements Congress to
Swinton Avenue construction in FY 92/93
. West Atlantic Avenue improvements Jog
Road to 1-95 construction in FY 92/93
3. Location: P. III-G-12, Analysis, New Paragraph
Change: Addition
The following information is in addition to the
requirements of 9J-5-006(2). More detailed
information can be found in the document "Delray
Beach Downtown Core Geographic Area of Exception
from the Countywide Traffic Performance
Standards", October, 1991.
. Opportunities exist for the further
development and redevelopment of the City's
Central Business Oistrict (CBO) utilizing
33
.
~j9L_
the "Village Center" development scenario.
Realization of these opportunities will
result in an enhanced balance of employment,
housing, economic development and traffic
needs. To facilitate the accomplishment of
the "Village Center" development scenario,
the CBD Zoning District should be amended to
accommodate the increased residential
density.
The Pineapple Grove Business Park would
require either amendment of the CBD Zoning
District or the development of a new zoning
district, and possibly the rezoning of the
affected land.
4. Location: P. III-G-20, Policy A-S.13 and Policy A-S.14
Change: ADDITION
Policy A-S.13: by June, 1993, the City shall
amend the Central Business District (CBD) Zoninq
District to accommodate increased multiple-family
densities of up to thirty (30) dwelling units per
acre as envisioned in the "Village Center"
scenario for the Central Business District.
Policy A-S.14: By June, 1993, the City shall
either amend the Central Business District (CBD)
Zoning District, or create a new zoning district,
to facilitate the establishment of Industrial and
Commerce areas as envisioned in the "Village
Center" scenario. Commensurate with this
activity, the City shall, if necessary, rezone
appropriate properties.
5. Location: P. III-G-20, policy A-S.1S
Change: ADDITION
Policy A-S-1S: The City shall adopt a light
industrial zoning district, addressing, at a
minimum; wellfield protection, buffering, uses,
minimum lot, and minimum floor area, by December
30, 1992. This ordinance must be adopted prior
to the approval of any rezoning within the Series
20 Wellfield area.
34
~
..
6. Location: P. III-G-21, Policy B-2.3
Chanqe: REVISION ~
Policy B-2. 3: Prior to issuance of any
certificate of occupancy, the p'j(~otoii/o~ .de
0eieZ~~merit Setilte_ 0t~~~ Chief Buildinq
Official or a designee shall certify that
concurrency is achieved. This certification
shall be in writing and shall be affixed to the
Certificate of Occupancy.
7. Location: P. III-G-29, Objective C-3
Change: REVISION
Ob1ective C-3:
Economic development is an essential component of
the redevelopment and renewal efforts which are
directed to the future of the City of Delray
Beach. Specific efforts for the coordination and
provision of economic development activities
shall be centered in the City Administration' s
Development Services Manaqement Group. Those
efforts shall be governed by the following
policies. .
8. Location: P. III-G-31, Policy C-4.8
Il\~
Change: REVISION q2 ~
Policy Neighborhood Plan shall be
~te~.tetl com 1 ed for the "Pineapple Grove" area
in FY '1/'1 91/92. The neighborhood plan shall
be prepared by the Planninq Department ~ritlet tKe
.~_plte~ ~f tKe elttl_ 0eieZ~~merit Setilte_
M.ri.~emerit 0t~~~. An amount of approximately
$500,000 which is designated as "redevelopment
seed money" in the 1989 G.O. Bond program shall
be used for redevelopment purposes in the Old
School Square portion of the Pineapple Grove area
with the specific use determined through the
neighborhood planning process.
9. Location: P. III-G-38, Commercial Land Uses, Commercial
Core
Change: Amendment
Commercial Core: This designation is applied to
the community's eerittaZ 8~_lrie__ Il_ttltt
Downtown Areas. It includes the "Villaqe Center"
35
"
development scenario described in the Future Land
Use Element and qraphically shown in Fiqure L-8.
The Commercial Core designation accommodates a
variety of uses including commercial and office
development; residential land use at up to 30
du/acre; upper story apartments; older homes
renovated to accommodate office use, and uses
such as "bed and breakfast" establishments; and
industrial/commerce uses as proposed in the
"Villaqe Center" development scenario.
10. Location: P. III-G-46, Figure L-8, "Village Center
Development Scenario" Map
Change: ADDITION
Insert new map, Figure L-8, "Village Center Development
Scenario" (see next page)
36
.
SCENARIO
t
Predomlnanll
y Commercial
Milled Co
(Includes ~~rCI.'
MIlled Co ce & Service)
mmercl.'
.~
I 1'0
! !
: QJ
, -
. II
l. ~
II I
j~_~ I I
,,"-__""\ (~. 1-
I II 1r--
L S.W. Red Ie
and mark & evelop. enl A (
s Focal P . rea
1 Old Sc ornts
. hoal Sq_. tuft. , IL
_.Ie ..... W. C .. .,..""" I . j \. J I
, ....... ' _... 01._ '--l ( _ '-=.- II
. .....,......_ I 1 r · J l..-
s :"W1.::.:;''':''-;::: ==: "VILLAGE'r-
. ..~ ' -
7 v........::- ......... CENTERII
. Holiday Inn
37 -
IX. CAPITAL IMPROVEMENTS ELEMENT
1. Location: P. III-H~7, 3. Analysis; Park and Recreation
Facilities
Change: REVISION
Park and Recreation Facilities: The City has had
mandatory fee in-lieu of dedication for park facilities.
That fee has been the basis for much of the park
improvement work. This fee currently provides between
$200,000 to $300,000 per year in revenue. This amount will
gradually diminish until the year 2000 (build-out) at which
time it will be in the range of $50,000 to $75,000 per
year. Park facilities have also been funded in part by
grants.
The City Marina Enterprise Fund accrues from the operation
of the City Marina, a 25-s1ip facility on 'the Intracoastal
Waterway just south of Atlantic Avenue. Boat slips are
rented by the City for both live-aboards and short term
mooring. The Fund covers operating expenses and has a
projected FY 92/93 surplus of $272,674 which could be used
for repair, replacement and upgrading of the facility to
maintain marketability of the Marina and to address needs
deriving from its continued operation such as the
installation of a sewage pump-out station in FY 92/93
($75,000). The Fund surplus could also be allocated to
other parks and recreation capi tal improvements or
operating needs.
2. Location: P. 111-8-18, Policy A-2.2
Change: AMENDMENT
Policy A-2.2: The City shall use the Stormwater
Utility Fee to finance drainage improvements.
This fee shall be used exclusively for drainage
projects, including the financing of a Bond for
drainage pro1ects.
3. Location: P. 111-8-18, Policy A-2.3
Change: NEW POLICY AND RENUMBERED OLD POLICY TO A-2.4
Policy A-2.3: The City shall establish a funding
source for replacement of irreparable or obsolete
office equipment, replacement of computer
hardware and replacement of major pieces of
equipment. Funds for these purposes as well as
building maintenance and repair will be set aside
annually from general funds to be used for
general capital improvements.
38
-....---- -,."-- ....-.~._-
.
~
4. Location: P. III-H-21, Policy A-3.3
Change: AMENDMENT
Policy A-3.3: Each department of the City's
administrative structure through which capital
needs are addressed shall maintain a Capital
Improvement Program (CIP). The CIP shall address
currently funded projects, projects under
construction, and a five year projection of
projects. The CIP shall include all projects
contained on the five year schedule of this
Element and shall contain those projects of
greater than $25,000 which are funded through the
dedicated financial resources for remedial
projects (Policy A-2.3) and all other projects of
greater than $25,000 which are proposed except
for repair and replacement items identified and
funded via Policy A-2.3 above. The CIP for each
department shall be reviewed annually by the
Local Planning Agency which shall issue a
statement of consistency with the Comprehensive
Plan.
5. Location: P. III-H-23, policy A-3.8 Cd)
Change: REVISION
Policy A-3. 8 ( d) : The Length of a bond issue
shall relate to the useful life of the projects
which it is financing. The City will attempt to
schedule Bond Issues so that an equal principal
amount is retired each year over the life of the
Issue, producing a total debt service schedule
with a declining balance each year.,
6. Location: P. III-H-24, Policy A-3.11
change: ADDITION
Policy A-3.lla In order to insure that an
adequate Concurrency Management system will be
implemented pursuant to the requirements of goal
area "E" of the Traffic Element, the Position of
Traffic Engineer shall be maintained.
Policy A-3.12a In FY 1992/93, the City shall
pursue cooperative funding among the Palm Beach
County Metropolitan Planning Orqanization,
Florida Department of Transportation and Palm
Beach County for the preparation of a
Transportation Mobility Element (TME).
39
'<,-
:.tL~:,i;;~.
7. Location: P. 111-H-25, Policy A-5.l
Change: REVISION
Policy A-5.1: A tapftaI Pt~8~ct R~1f~~ ~~~ftt~e
c~,hU.tfJifJ ~t.J
, tHe 0ft~ct~tl 0e1eI~p~eJit Setlfte~ 0t~~p
, tHe AlItlltfllttaJit tftt MaJiafJet t.~t t~atI\lfJiftt
S4t1ftellt
J tHe A.lItfllttaJit ~ftt ~aJiafJet t.~t MaJiafJ~~~Jit
S~t1ft~~
J tHe 0ftett~t ~t tfriaritel arid
, tH4 8~dfJ4t 0ttfc~t
{)t tH~ft d~lItffJri~ellt' flit Het~)St tt~at~d t.~t tHe
p~tp~lIte ~t t41ft/J~ ~t pt{)~t~lIt~ 1ri f~;I~~t/JritfrifJ
ad~pt~d ~cH~dIfIe ~t. fJl\pt~1eg\erit~ a_ t~rlta1ried
~ftHfrl tKfllt gI~g\t/Jrltl tHe tlP~ ~t frldllfdwal
d~pattg\eritlltl arid tKe ~IIJ TKlllt ~~..lttee lItKaII
aZllt~ t~~tdfJiat~ tKe fJatK~tfJifJ ~t. g\atetf.I~ arid
pt~patatf~ri {)t t~11llt1~rl~I aJl\4ridmt/JJlt~I w;datt/J_ _t
tHe lIttKt/Jd~Ie et fJl\pte1eg\erit~1 arld tKe .ririw.l tIll
A budget team consisting of the Finance Director
and City Manager, in consultation with the
department heads, shall coordinate the gathering
of materials and preparation of revisions,
amendments and updates to the schedule of
improvements; the Capital Improvement Plan (CIP);
and the annual Capital Improvement Budget (CIB).
The Finance Director shall prepare monthly
reports to the City Manager reviewing the
progress in implementing the adopted schedule of
improvements as contained within this Element,
the CIP's of individual departments and the CIS.
X. INTERGOVERNMENTAL COORDINATION ELEMENT
There are no amendments to this Element.
XI. REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION
1- Location: P. IV-l2-l5, Table IV-3 Five Year Capital
Improvements Schedule >$100,000; Park In-Lieu Fund
Change: AMENDMENT
Rename Interpretive Trail (Scrub) to Leon Weekes
(Scrub Trail) Preserve.
40
-"..-... ..- _...~-
-
.
2. Location: P. IV-17, C. Review, Monitorinq, Modification,
and Amendment
Chanqe: REVISION
Monitoring and Evaluation Program: The principle
program for monitoring and evaluating progress on
the myriad of projects contained in this Element
is through the work of the ~ilpttilI la\pttSithdthlt
R~it~w ~tS~ttt~~ budget ~ established by
Policy A-5.l of the Capital Improvement Element.
In order to provide that the work of that
~tS~ttt~~ budqet team is available to all those
individuals and groups which are involved and
concerned with the future of the community, the
work of the ~tS~ttt~~ budget team shall be
formally reviewed by the Local Planning Agency on
an annual basis. The steps of this review shall
be as follows:
1. In January of each year the ~tSmattt~~ budqet
team shall ttS~y~~~ t~ tSt~~t t~ prepare for
the next budget year's work.
2. All appropriate departments shall report on
the status of approved capital projects,
upon projects which are scheduled for the
next fiscal year, and upon any changes which
are desired in the schedule of capital
improvements. The departments shall also
provide an update of their individual
capital improvement programs.
3. The ~~a\I\ttt~e budqet team shall identify
those projects and changes which can be
accommodated throuqh the normal budget
review and adoption process. They shall
also identi fy those which require a change
to the schedule of improvements and shall
immediately notify the Local Planning Agency
of such potential changes so that the formal
Plan Amendment process can be initiated.
XII. PART V. PROCEDURES FOR MONITORING AND EVALUATION OF THE
PLAN
There are no amendments to Part V. of the Plan at this time.
4l
",.
AMENDMENTS TO THE FUTURE LAND USE MAP
I. FUTURE LAND USE MAP AMENDMENTS
There is one amendment to the Future Land Use Map. This is
a private petition for a 2.65 acre parcel from Transitional
to Industrial. The site is located north of S. W. 10th
Street between S.W. 13th and 14th Avenues. [See Support
Document '3]
II. CITY BOUNDARY ADJUSTMENTS PURSUANT TO ANNEXATIONS
a) Highland Trailer Park
b) G&C Auto, Inc.
c) Delray Farmers Market & Handy Mart
All of these annexations are within the boundary adjustment
area shown on the attached map.
NOTE: The annexations noted above were adopted aa an
additional item at the adoption stage of
Amendment 92-l.
T:\advanced\92-2FA.doc
42
--
"
I AMENDMENT: King Industrial Park I
SIZE: 2.65 acres
LOCATION: North of S.W.1Oth Street, between S.W.13th and 14th Avenues
EXISTING LAND USE DESIGNATION: Transitional
ADJACENT LAND USE DESIGNA nONS: Transitional
PROPOSED LAND USE DESIGNATION: Industrial
.. . ...
A V All.ABILITY AND DEMAND ON PUBLIC FACILITIES:
(Sanitary Sewer, Solid Waste, Drainage, Potable Water,
Traffic Circulation and Recreation)
..
There are no adverse impacts upon public facilities
which will occur as a result of this land use map amendment.
..
COMPATIBILITY OF CHANGE wrm LAND USE ELEMENT, OBJECfIVES
AND POLICIES OF TIlE PLAN:
There are no conflicts with existing comprehensive plan elements,
objectives or policies.
I>
..
.... ..
"
~;;O:'H~ "
. .
.
I'
"
CARVER ESTATES
OELRA Y BEAOi
MUNIQPAL
GOLF COURSE
DO~
@
"AiM
LAi
>
~
a:
a:
.
...
.
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iii
LAND USE ANENDWENT
KING
INDUSTRIAL PARK
WALLACE
FORO
UNTON BOULEVARD
N
-
-~--_._-- ~~... ._.~....~...._-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 9G - MEETING OF DECEMBER 8, 1992
LAKE IDA ROAD MEDIAN
DATE: December 4, 1992
Palm Beach County's latest staff proposal for cost sharing
in the design revisions to put a landscape median in Lake
Ida Road between Congress Avenue and the Boy Scout Hut is
attached. Some of these items are acceptable, others are
not. Therefore, I would like approval to approach the
County Commission and request that cost sharing be as
follows:
1. Redesign costs have been negotiated at $94,000.
We request that Palm Beach County designate
$47,000 from their budget for highway
beautification to pay half these costs.
2. This condition is acceptable.
3. The County will not charge the City for any design
review costs associated with the revised plan.
4. If the construction bid for the revised plan is
less than or equal to the engineer's estimate,
then there shall be no additional cost to the
City. If the bid exceeds the estimate, then the
City shall, to the extent of the excess, pay those
additional construction costs resulting from
design changes.
~ ~-()
.
'"
;r, 1
'''I. /
11-3-92 To: David Kovacs. For your review t '/~ !
~fC- tyC .. and comments. Draft letter for County Administrator
BoardOf Coun ommlSSloners . .
~ my s~gnature.lf there ~s a problem .
Karen T. Marcus, Chair \.:' re any items as outlined below, please Robert WeIsman
Carole Phillips, Vice Chair address.
sk for DTH
Carol A. Robe~s Department of Engineering
Carol J. ElmqUlst and Public Works
Mary McCarty
Ken L. Foster
Maude Ford Lee
October 27, 1992 RECEIVEO
ci ty of De~ray Beach NOY 3 1992
210 N.W. F1rst Avenue
Delray Beach, FL 33444 CITY M
ANAGER'S OffiCE
ATTN: Mr. David T. Harden
City Manager
RE: LAKE IDA ROAD- CONGRESS AVEBUB TO SWINTON AVENUE
PALl( BEACH COUliTY PROJECT t 90502
SUBJECT: YOUR LETTER OF JULY 27, 1992
Dear Mr. Harden:
It is my understanding that our staffs have reached agreement on a
revised design to accommodate the city's requested landscaped median for a
portion of the referenced roadway.
Costs and responsibility will be as follows:
1. The City shall pay all redesign and repermi t costs required to
accommodate the median. The city will negotiate with, and pay
directly to the county's proj ect consultant for the work in
question.
t'Z,2. The City shall acquire all additional right-of-way and temporary
construction easements as required to accommodate the revised
design section at no cost to the county.
3. The City shall be responsible for County design review costs
associated with the revised plans for the median section as
requested.
4. The City shall be credited or debited for the difference in
estimated construction costs between the County's current design
and the city's revised design. We would propose the same unit
prices be applied to both designs. This calculation would be
performed after the City's design was completed using an agreed
upon construction cost index. The estimates would be modified to
reflect the difference that could be expected from a 1992 versus a
1993 project. Any credit or debit would then be calculated.
"An Equal Opportunity - Affirmative Action Employer"
,{A;... 'led led Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
'to pnn on recyc paper
'.
,/
pr.,(,.'y'
/'
~
October 27, 1992
PBC# 90502
As to the timing of construction, it is highly unlikely that the
schedule set forth in your letter can be met. However, the county will bid
the project as quickly as possible after the completion of your redesign,
right-of-way acquisition and receipt of all governmental permits. The timing
of these items is under the total control of the city as the design
consultant is working directly for the city.
As to your request for abandonment of excess right-of-way, in accordance
with our Thoroughfare Right-of-way Protection Map, the ultimate right-of-way
for Lake Ida Road is 110 feet. However, we will be aSking the Board to
modify the Thoroughfare Plan to reduce the right-of-way to 80 feet during the
next comprehensive Plan update, as such, I support the City moving forward
with the right-of-way swap as I discussed with David Kovacs.
with regards to the cost of turn lanes for future development, it is our
understanding that this is to be included with any and all construction or
landscape costs as a result of the City'S revised design.
The above sets forth our understanding of the city and County
responsibility in this matter. The additional costs of Lake Ida from east of
swinton to east of NE 2nd Avenue will continue to be the responsibility of
the city.
By copy of this letter, I am requesting Ms. Marlene Everitt, Assistant
County Attorney, to prepare an interlocal agreement setting forth the terms
and conditions to accomplish the City'S requested changes.
Sincerely,
.I r_
, '~ J . /JJJ.,
Georg T. Webb, P.E.
County Engineer
GTW:JHC:cs
Enc.
cc: Commissioner Mary Mccarty, Commission District #4
David Kovacs, Director of Planning
Greg Luttrell, City Traffic Engineer
Wm. Greenwood, Dir. of Environmental Services
Dick Hasko, Assistant City Engineer
Lula Butler, Director of community Improvement
Nancy Davila, City Horticulturist
John Carroll, P.E., Director, Roadway Production
Marlene Everitt, Assistant County Attorney
L. Javier Lopez, P.E., Program Manager, Roadway Production
Dave smith, Director, Engineering Coordination
David Henninger, President, Lake Ida Homeowners
H:\roadway\jhc\90502
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~J\/1
SUBJECT: AGENDA ITEM # CJ H - MEETING OF DECEMBER 8, 1992
CHANGE ORDER NO. 10 /ELKINS CONSTRUCTORS, INC.
DATE: December 2, 1992
This is a change order in the amount of $10,381.25 to the contract
with Elkins Constructors, Inc. for miscellaneous changes in the Water
Treatment Plant Lime Softening Conversion project. Changes to the
contract include:
-reducing the thickness of asphalt located at the site of the
future 20 inch water main;
-receptacle and wiring modifications at the Water Treatment Plant
Control Room;
-miscellaneous wiring and conduit for the sludge blow-down pumps
and C02 alarm;
-change in door size at Lime Building for proper access;
-deletion of the 12 foot drive gate previously installed by City;
-elimination of Lime silo dust collector access platform; and,
-additional monies for increased cost of roofing materials and
labor due to impact of Hurricane Andrew.
Elkins Constructors, Inc. is requesting an additional $3,405.25 for
increased cost of roofing materials and labor. The City Attorney's
office has reviewed this request and found that the City is not
contractually liable for monetary claims of this type.
The other items contained in the change order are necessary in order
to expedite start up of the lime softening project.
Recommend that the request for additional funds to cover increased
roofing material costs be rejected and that Change Order No. 10 to the
contract with Elkins Constructors, Inc. be approved in the amount of
$6,976.00; with funding from 1991 Water and Sewer Revenue Bond -
Buildings (Account No. 447-5164-536-60.31).
~ 5-0 M 3~'I.d5
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- 3) LlOb. d-Q (~~jE.c-" ADO'L. ICCOF'~9
# b Cf 70 .0 0 - COSTS)
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,
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Agenda Item No.:
AGENDA REQUEST
Date: December 2, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: December 8, 1992
Description of item (who, what, where, how much): Staff requests city
Commission to approve Change Order #10 to Elkins Constructors, Inc. on the Water
Treatment Plant Lime Softening Conversion Project (91-22) . Change Order No. 10
is for miscellaneous changes for the Project. The Changes to the Contract
include reducing thickness of asphalt at location of future 20" water main being
constructed with the South Reservoir Rehabilitation, receptacle and wiring
modifications at Water Treatment Plant Control Room, miscellaneous wiring and
conduit for sludge blowdown pumps and Co2 alarm, change in door size at Lime
Building for proper access, delete 12' drive gate previously installed by City,
eliminate Lime Silo dust collector access platform and additional monies for
increased costs of roofing materials and labor due to impact of Hurricane
Andrew. These changes are itemized and detailed further on the Change Order
attached (Exhibit A). Further clarification/correspondence on the roofing item
is also provided as backup (Exhibit B). Change Order #10 is for a net add
amount of $10,381.25. Funding Source is 447-5164-536-60.31.
Also provided is a "Summary of WTP Contract Changes" which summarizes all items
added by Change Order to date and the origin of initiation (Exhibit C).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Change Order #10. The additional
monies requested for the roofing material and labor costs due to Hurricane
Andrew has been reviewed by our Assistant City Attorney, Susan Ruby. She has
reviewed the Contract Documents and has determined that the City is not
contractually liable for monetary claims of this type. The City Commission may
be setting a precedent for similar claims on other Projects such as Fire station
#1, Fire Station #5 and City Attorney Office renovations if this item is
approved (Exhibit D). ~J~'
' 7-)
Department Head ~/I'~~/~J/ /2./ 'z-/?Z-
Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~red on all items involving expenditure of funds):
Funding available: YE NO
Funding alternatives (if applicable)
Account No. & DescriPtion~-.s~ -S-30.ft()-~( WTR PLANt GONV. -BLD6-&.
Account Balance '2-,?Js;oj7
City Manager Review: -r:' . .. / . '.. ,
Approved. for agenda: &0 t7/l/1 (ct~~~~Yf 0^^M<: I~~~, r' t..,"F:, 5'
Hold Unt~l: '.' 1 rI
, /
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
;.2-02<;2 " - - .~ --.... CWM HILL r'O 2
j j : I:. :j,'1I'1 r f.'..L _ '
(' If . I,
~... v ,) / IJ .I T Ii
CITY OF DELRA Y BEACH
CHANG! ORDER TO ORIGINAL CONTRACT
CHANGE NO, 10 PROJECT NO, SEF30787.B7.80 DATE: Decemt?,er 2 , 1992
PROJECT TITl.E: WQler Tr~Qtroeot Plant Improvements
TO CONTRACTOR: Elkins Constructors .
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PlANS AN[) SPECIFICATIONS
FOR THIS PROJECT AND TO PERFORM THE WOI<K ACCORDINGLY I SUBJEcr TO ALL CONTI'(ACT
STIPULATIONS AND COVENANTS.
JUSTIFICA nON:
Provide materials. equipment and lobar for work descrIbed In l<equest for Quotations 27-29 and 31*32,
and Increased cost for the roofing and a credit for delatIon of access platform. See Schedule A and
A1tact"lmEmt for descripllon of work.
SUMMARV OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $3.985.000.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 263.933.19
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDEr~ 4.248.933.19
COST OF CONSTRUCTION CHANGES n~ls Or~DER 10.381.25
ADJUSTED CONlHACT AMOUNT INCLUDING THIS CHANGE ormm 4,259.314.44
PERCENT INCREASE/DECREASE THIS CHANGE ORDER 0.2%
TOTAL PERCENT INCREASE/DECREASE TO DATE 6.9%
EXTENSION OF CONmACT lIME ALLOWED BY THIS CONTRACT ....Q.. CALENDAR DAYS TO EebruQIY ~ 199~
CEr~nFYING STATEMENT: I hereby certify that the supporting cost dota Included Is. In my
considered opinion, accurate: that the prIces quoted ore f(Jlr and
reasonable and In proper ratio to the cost of the orIginal work
contracted for under benefit competitive bidding.
CONTRACTOR Si(:NATURF. CONSULTING ARCHITECT Ol~ ENGiNEER
(SEAL)
J r
TO 8E FILLED OUT BY DEPARTMENT INll'lATlNG CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CEI~T1F1ED BY
DELRAY BEACH. FL
By Its City Commission
RECOMMENDED: By: ~ MAY-OR
PROJECT MANAGER
ArrEST:
APPROVED: By:
CITY AffORNEY CIN CLERK
,.,,~
.
* '" * REQUEST FOR QUOTATION TRACKING lOG * '" '"
FOR WITHIN CONTRACT SCOPE CHANGES
SCHEDULE A
######### File: RFQDB10.WK1
######### Updated:
CH2M HILL Project: Dekay Beach WTP Lime Gonvt?/'sion 12/02/92
######### Project #: SEF30187.B7.10
Original Contract: $3,985,000
Ori~,inal Contract Complete: Febru31Y 9, 1993
Initiation Final
No. Date t{eyword Description +: Settlement Dispos ition/C om m ent s
27 10/13/92 Replace 2 inches of asphalt wiH1 {$950.00)
3/Q-inch asphalt near Control House I I
28 1 0126192 Relocate existing telephone jacks in $598.00
control room. Replace recess boxes
I ami cQm!uH for swi~ch and recep~ade
I damaged by lOof leak
29 1 0/30/92 Install conduit and wiril19 to: $5,870.00
pH monitors. lime level sensors,
sludge blowdown stations, seal
water solenoids for sludge blowdown
pumps and C02 alarm
31 11/1 2/92 Change the size of dool' 101 A in Lime $2,700.00 This work to be completed
Buildin9 fmm an F-3 to an F-2 frame by force account
32 11/23/92 Delete 12' gate ($442.00)
Lime Silos dust collector ($800.00) r..1anufactur-er did not
access platform deleted recommend installation
due to tripping hazards
Increased mofing costs for materials $3,405.25 ~
and labor
FINALIZED CHANGE ()RDER $10,381.25
'* Explanation attached
~
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ATTACHMENT
No. Explanation
27 City Requested - Installation of less asphalt where
20- inch diameter pipeline is to be installed under a
different contract.
28 Unforeseen Conditions - Existing roof leak caused
damage to recess boxes and conduit in computer room.
Telephone jacks ~"ere r-elocated to chase in Control
Room to prov ide bet tel'" appearance.
29 Engineering Design Change - Provide conduit and
conductors as descr ibed in CCIR 47, Items 1-4 and CCIR
51-
31 Engineering Design Change - Door 101A in Lime Building
was improperly sized by engineer.
32 City Requested - Delete 12' gate which has already
been installed.
Engineering Design Change - Manufacturer did not
recommend installation of dust collector access
platform due to tripping hazard.
Unforeseen Conditions - Roofing costs for labor and
materials have increased due to Hurricane Andreli'J. See
at tached correspondence.
'.1'. 'I'"
" ~<""""c<'r"<'"
ELKINS \\
CON S T Rue TOR SIN C. '.
t. , , (]
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October 8, 1992
Ms. Eleanor Carney, P.E.
CH2M Hill
Hillsboro Executive Center North
800 Fairway Drive Suite 350
Deerfield Beach, FL 33441 ..
Subject: Delray Lime Conversion
Change Order Request No. 14
Dear Ms. Carney:
On July 20, 1992, during an inspection due to the increased demand for roofing
materials and labor in the aftermath of Hurricane Andrew, our roofing
subcontractor has incurred additional material and labor costs on this project
in the amount of $3,405.25. Because these increased costs are the results of
an act of God and, as such are beyond Elkins' or Elkins' subcontractors'
control, we are requesting that we be reimbursed for these additional costs.
We do not want to delay the project and therefore, have directed our
Subcontractor to proceed with the work.
Attached is a breakdown of the additional costs. Please review and issue a
contract change order for these unforeseen additional costs.
Should you have any questions or require any further information, please call
me.
Sincerely,
ELKINS CONSTRUCTORS, INC.
Jf)(l1lirJcN~
David Hamilton
Assistant Project Manager
DH/keh
cc: M. D. Welch/File
J. Noerr
H. Wight
Enclosure
Commercial' Medical. Utility
P.O. Box 2396 . Jacksonville, FL 32203 . (904) 384-6455 . FAX (904) 387-1303
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FlOOFl 8VII,.EMS ---~ -- _. -_ P.3UJx4 C9_tf..ljli2r!h. We.M..e~!mJ~f\ftCI1. FL 33407
. .,.- ........ .--.....-
Phon.: (407) 848-0333 Fax: (407) 881.8710
October 7, 1992
Via Facsimile (904) 387-1303
Jobsit., via ,ac.imil. (407) 2~S-6S4S
EIK1ns con.truotion,
450l Beverly Avenue'
Jaokaonville, F1. 32210
ATTN: Jim Gajewski . ..-
R!: Delral time Converaion
Dear Sir.1
The following is a detailed breakdown of labor and material
increaaos for the above mentioned project.
1. Ta~ered rnsul~~io~ - 55 Squarea
Increased from $89.75 per .Q.~o $lOl.66 per sq.
$11.9l X 5S · $ 655.05
2. lremier qlass - 40 Rolls
Increased from $22.90 to $27.15 per roll
$4.25 X 40 = $ 170.00
3. Glas ~aD - Sl Roll.
Incr...ed from $14.60 to $l8.10
$3.50 X 51 .. $ 178.50
4. ASPhalt - 102 Sticks
Increased from '8.25 to $11.00
$2.75 X lQ;l II $ :zaO.50
5. ~Yna Flex rlasbin~ - 36 Rolla
Inoreased from $38.10 to '43.45 ,
$5.35 X 36 = f 192.6Q
SUBTOTALs S 1,476.65
. . X 1.06\
TOTAL MATERIAL INCREASE I U-' 5~~. ~~
Tot.l labor in~r.ase 18 $2.00 per man hour X 920 hours to complete
job, or ~.
The total job coat incJ:eaae is $3,405.25 without overhead and
profit. This is our hard cost only. w. have reduced this figure
by over $800.00 and can go no further.
.
ill
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'111
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Mr. Jim Gajewski
Blkin. Con.tructor., Inc.
October 7, 1992
Page 2
We very much would like to continue our relationship wi th your
company. If aoceptable, plea.. i..ue . fac.imile confirming your
acceptance and we will perform our scope of work per your schedule.
Your. lino.rely,
THERMA SEAL ROOFS, INO.'
~~
Dav. Nik.l ~
Sales Manaqer
,.
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OLOl07.DW
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, "
MEMORANDUM ClfMHILL
TO: David Hamilton, Elkins Constructors
COPIES: Willlam Greenwood, City of Delray Beach
Ho~ard Wight, City of Delray Beach
FROM: ~r:~ C--Cil
leanor Carney I 2N HILL
"
DA TE: October 27, 1992
>
SUBJECT: Delray Beach Water Tt'eat.ment Plant Lime Conversion;
Additional Costs for Roofing l1.9.terials and Labor
I PROJECT: SEF30787 .B7 .80
,
"'.
In response to your letter elated October 8 and as CUSCUBBed t~ith YOU at
the progresB meet.ing on October 21, 1992, the City is evaluating your
request for a change order in response to increases in costs relat.ed to
roofing m.9.t.erialB and labor. Please provide t.he following information .3,1::
soon as possible: (1) an explanation for why this roofing purchase was
not. completed prior to August 24, 1992, when Hurricane AndreH hit. Sout.h
Niaml and adjacent areas, (2) an explanation for whether t.here HaB a
purchase order but. the supplier is now reneging on this order, (3) .::\11
explanation for why lC\.bor e06t6 have gone up, (4) an explanat.ion for
Hhen the t.hermoBeal is required on the job and lastly, ([,) .3,ddit.ional
document.ation support.ing your responses t.o t.hese quec:tions inclucU.ng
copies of any relevant. purchase orden:; or information.
~~e do not. expect this matter to delay t.Ius work Bince t.he roofing W8.B
e:pecified in the contract (locument.B and bid on accordingly, AlB (I, you
haclinformed me that. t.he roofing cont.ractor is committed to doing t.hie
work albeit at an i11creaBed cost.
If you have any queBtiona in this regard pleaBe contact me.
~ ,
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YSTEI\IlS ...-.._.._,_._______.!t~? 5~,~d Court North. West Palm Beach, FL 33407
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Ji;:;i~lU,f,__1 ~ . Phone: (407) 848-0333 Fax: (407) 881-8710
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,p~~m~~~ 17, 1992
I ~t4I' ^, .., ., via Facsimile (407) 243-6845,
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~~Elkins'Constructors, Inc.
. i!l'~,~'p:!rBOK 2396
,~a,9,'~'~io!nyi~le, FL 32203
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. "l\TTl'i:':!'David Hamilton
'. i:' :l,n>~:i :l~<:.! .
i,~~:;:,'; : ~el ray Beach Water Treatment Lime Conversion
~l~ldl' ' : II!
:, . 1~;: -.' I '
,Dear Dave:
i fr~l::i~~:~'~~n!se to the memorandum from CHZl<t HILL, dated October 27,
"" )992 ,',;;',please be advised of the following:
iij~*:Ii 'i~ :: ' "
, l i ,! !: d i,': ,~ .., . I ~,
'\i<l)'Prior to o:t'de:t'ing tapel;" in~\\lation actual field 'measurements
l~~iF:; must be taken and scuppet' openings and d:t'ain 1 oca t ions mus t be
.~~::M:;'jr verified., etc. Smaller items, i.e., felts, asphalt, flashinq
!)t~;~,:?t.;' ,are ordered from st.ock just prior to job start bacause
',i~J,;:,' t,~ese ,~tems are readily available.
~~,~t \~! : } It'. I' . , .
(~>'''j' Same as (1) .
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\~3);.i':prior to Hurricane Andrew, we had an established labor force.
'~"'r!:d~~::I: After ~/24/92, OUl;" fox'ce was greatly depleted since many of
'ir{.!l!y\~J: our employees went south fo:t' highe:t' wages. We were force.d to "
'>,
}~'(;\~f:" hit'e "out of town and. out of state" tradesmen at a much hlgher
1'11:f::*;<: rate to per;form our al ready contracted work.
: '~;11;:Ji' ': : !'"
'.,:4>lk Quote sheets and P.O,'s to follow
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~:~ &; ;\2594 All Saba Ave., Opalocka, FL 33054 _____6._._.___....~~. ,. . ........' ,-..... -.-.-....-.....- _. _.__.. ...--
'tI?~~: ,'~~~) 769-9G9~
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/fez - <$ 3) '133.40
[IT' DF DELIA' BEA[H WI-/S - cp 3) goo . 00
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CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEA~H. FLORlDA 33444 ~)
FACSIMILE 407/278-4755 Wr.1.'t:._r - D.1.r_c't:. L.1.n_
(407) 243-7092
MEMORANDUM
Date: December 8, 1992
To: city Commission
From: Jeffrey S. Kurtz, City Attorney~
Subject: Pineapple Grove Way Project
Final Payment to ARZ Builders, Inc.
This memo concerns final payment to the contractor and engineer
on the Pineapple Grove Way Beautification and drainage project.
What was originally expected to be a relatively minor,
inexpensive project turned out to be something completely
different. The City, throughout the contract, experienced
difficulty with both the design and construction of the
project.
As to the construction aspect, ARZ Builders, Inc. was the
contra~or on the project. As bid, the original cost of the
"-
contract was $94,153.00. The scope of work was then
substantially altered in the midst of the contract period. A
redesign was done to accommodate drainage problems in the area.
The revised scope was negotiated with ARZ, resulting in an
increase of $91,632.50. This brought the total contract amount
j to $185,785.50. This final change order reflects revisions to
I portions of the work and plus/minus adjustments for actual
I as-built field measured quantities.
In addition, the change order reflects negotiated liquidated
damages of $2,500.00 at $100.00 per day. The actual time for
final completion was well beyond 25 days; however,
responsibility for all the delays, materiality of the items to
be completed, and timeliness of approvals to move forward are
in question. Our office and Environmental Services, therefore,
would support the proposed change order.
The engineering design was done by Williams, Hatfield & Stoner,
Inc. (WHS). The original amount of their contract was
$5,400.00 to design modifications at the intersection nodes for
landscaping expansion, sculpture locations, and paver
treatment. In February of 1991, a change order was entered
into for WHS to revise the plans at a cost of $794.00. A
second change order was then negotiated to provide for
-
inspection services during the initial contract period. The
amount of that change order was $3,800.00. The contract was
then amended again to accommodate the positive drainage
modifications for $7,201.00. This brought the approved
contract to a total of $17,195.00.
WHS has billed the City for $7,600.00 above that amount, and is
seeking a change order to that effect. The additional services
are attributable to increased supervision of the project and
increase in total time required to complete the contract.
Engineering staff and our office concur that a portion of the
blame for those delays and problems with the project lies with
WHS and, therefore, can recommend a final change order to WHS
of only $3,800.00.
Attachment
JSK:me
arz-1.dnt
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... . DEC-04-'32 FRI 15: 05 I D : DELRRY' E~'j'). SEF:')ICES TEL r.10: 407-243-7060 ~936 F'02
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL OONTRACT
CHANGE NO. 3, Final PROJECT NO. 91-79 DATE: December 4, 1992
PROJECT T:rTLE~ Pineapple GrOve Way Beautification
TO CONTRACTOR: ARZ Builders, Ino.
YOU ARE HEREBY REQUESTED TO MAKE THE ~oLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STlPULATIONS AND
COVENANTS.
JUSTIFICATION:
Revisions to handicapped ramp and assoc.iated paver blocks/storm dl.-ainage inlet top
adjustment at sW corner of NE 2nd Ave and NE 1st Sti upgrade pavement Beetlon of asphalt
pavement patch at utility cuts to currant City standards;Final plus/minus adjus~1TI8nts for
actual as-built field measured quantities
1 LS )( $S,933.40/LS "" $ 5,933.40
Deduct for liquidated damages 25 Days x $ -100.00/day "" $ -2,500.00
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Total net add change Order #3 $ 3,433.40
l:e____u...:=;II..
SUMMARY OF CONTRACT AMOUNT
~~. ORIGINAL CONT~AMOUNT $ 94,153.00
COST OF CONSTRUCTION CHANGES P~EVIOUSLY ORDERED S 91,632.50
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDE~ $185,785.50
COST OF CONSTRUCTION CHANGES THIS ORDER S 3,433.40
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $189, ;218.90
PER CENT INCREASE THIS CHANGE ORDER 5 "
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TOTAL PER CENT INCREASE TO DATE 201 %
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CERTIFIED STATEMENT; I hereby certify that the supporting cost data included ie, in my
considered opinion, accurate.
for ARZ Builders, Inc.
TO BE FILLEP OUT BY DEPARTMENT INITIATING CHANGE OROER
Environmental Services Department 119-4151-572-61.70
FuNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACHr FLORIDA by its City CCllU"llission
By:
Thomas E. Lynch, Mayor:
ATTDOT.
2\PPROVED: By:
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<';:\.1:::( h'c;;corn..:oy c.1..1:.y 1".:J1.<C."zrlc.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 6r"ft 1
SUBJECT: AGENDA ITEM # 'iJ: - MEETING OF DECEMBER 8, 1992
PINEAPPLE GROVE PROJECT FINAL PAYMENTS
DATE: December 2, 1992
At the time the agenda was complete, the City Attorney's office was
still reviewing the proposed final payment figures. It is anticipated
that backup material for this item will be provided prior to Tuesday
evening's meeting.
'''III
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,92 18:01 P.02~
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, [I" IF DELAA' BEAEH
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CITY ATTORNEY'S OFFICE 200 NW 151 AVENUE' DELRAY DEACH. FLORIDA 33444
FAC$IMIl.E 407/278.4755 Writer's Direct Line
(407) 243-7092
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MEMORANDUM
Date: December 4, 1992
To; City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Graham/White v. City ot Delray Beach Authorizing the
I Appeal of Judge Brown's Decision Reinstating the
.
Circuit Court Ca..
,
I Messrs. White and Graham originally filed an action in the
Circuit Court of Palm Beach County alleging Section 1983
violations against the City and former officers Szcepanik and
Caldwell tor excessive use ot force and false arrest.
Subsequently, their attorney voluntarily dismissed the case in
I state court and filed a similar action in the Federal Court in
1 the Southern District of Florida. Their initial attorney then
withdrew.....trom representing Messrs. White and Graham and the
statute of limitations on the state court action lapsed. In
addition, Mr. Szcepanik filed for bankruptcy in New York and
all his debts ware discharged, including any potential debt
coming out of his involvement in this case. Messrs. White and
, Graham.' s new attorneys successfully overturned that discharge
i alleging that essentially that the first attorney representing
I
the plaintiffs had not adequately represented them protecting
their interest in the bankruptcy court.
, .'
Now, the plaintiffs would like to move the case back to juris-
diction of the state court. Since the statute of limitations
has run, the City opposed such a relnstitut10n of the case. In
what our office and Eric ~eterson, who 1s handling the defense
of Szcepanik and the City, believes to be a gross error, Judge
Brown entered an order allowing the plaintiffs to reinstitute
their case in Circuit Court for Palm Beach County. Since
diecovery has been clOSed in the federal action, we believe
that it will be more expensive to continue the litigation in
state courts ratner than the federal courts. Furthermore, since
the cause of action is essentially a federal cause of action,
we do not believe the plaintiffs are prejudiced in the least by
having to litigate the matter 1n Federal Court.
qJ
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,92 18:02 P.03
'"
city Commis8ion
December 4, 1992
Page 2
It is therefore our recommen~ationi at this point in time, that
we appeal Judge Brown's decision to the Fourth District Court
of Appeal and seek its reversal. A reversal will require the
plaintiffs to finalize the litigation in the federal system.
To that end, it 1s my suggestion that we retain the law firm of
Kline and Walsh in West Palm Beach to process that appeal. Ms.
Walsh has agreed to take the case on at $150.00 an hour which
is substantially below her normal hourly rate of $200.00 an
hour. It Is estimated that the appeal on this relatively simple
issue will coat the City approximately $4,000.00.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSKtsh
cc. David Harden, City Manager
Lee R. GrahAm, Ri8k Manager
Donna Woods, Claims Representative
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (;9fv1
SUBJECT: AGENDA ITEM # CfK - MEETING OF DECEMBER 8. 1992
AWARD OF ANNUAL PIPE FITTINGS AND ACCESSORIES BID
DATE: December 2, 1992
This item is before you to approve a portion of the award of the
annual pipe fittings and accessories bid to various vendors. The
items were awarded as follows:
Vendor Group(s) Estimated Cost
Hughes Supply 13, 14, 15, 20 $12,743.47
Davis Meter and Supply 3 343.30
A&B Pipe and Supply 6, 11, 12, 16, 19, 20, 24 15,558.04
Municipal Water Works 9, 17, 18, 20 864.90
State Supply Co. 4, 10, 23 1,254.28
Industrial Plastics 7 227.28
Coastal Wholesale, Inc. 1, 20, 26 8,859.89
Sav-on Utility 5, 8, 20, 22, 25 30,922.30
Ferguson Underground 2 744.14
Awards were made by group totals with the exception of group 20, which
was awarded individually per item in order to receive more competitive
bids. Additionally, due to an error in the bid specifications, bids
were not received for the items contained in Group 21. These items
will be rebid by staff.
Recommend approval of the award of the annual Pipe Fittings and
Accessories Bid to various vendors in the estimated annual amount of
$71,517.60 with funding from Water Treatment Plant - Equipment
Maintenance (Account No. 441-5122-536-46.20) and Lift Station
Maintenance - Equipment Maintenance (Account No. 441-5144-536-46.20).
~ -:)-0
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Agenda I tern No. :
AGENDA REQUEST
Date: November 24, 1992
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: December 08. 1992
Description of agenda item (who, what, where, how much): Bid Award -
Pipe Fittings & Accessories - Term Contract
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple Awards per attached memo. at an estimated
annual cost of $71,517_60
~
Department Head Signature: ??o~A>4~'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involvinq expenditure
of f\lDds):
Funding available: ~ NO
~ Funding alternatives: (if applicable)
Account No. & Description: ~-Sl2-1--S%, *'20 vJIp - EQU l P t1&Nr
Account Balance: 51,'53/
. 44l-s.I43-S~.4{,-20 V\J-rR t-1~N~-~\'\P. Hc...INT.:
CJ:ty Manager RevJ:ew: ~,(0.9:, .
Approved for agenda: (!!jJ NO 44\-S;I4-lt-S%.4=A-w L-rS171 MA-INI- GQU,IP
Hold Until: 4 MMNt
t11-J !:!;/L~() L 53f1loo/.
Agenda Coordinator Review: 'f4 _
Received:
Action: Approved/Disapproved
'1'1 p,.,
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services ~
THROUGH: Ted Glas, Purchasing Officer /(Jr
THROUGH: George Abou-Jaoude, Deputy Director of Public Utilities
FROM: Jacklyn Rooney, Bid Specialist C{-
DATE: November 30, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
December 08, 1992 - BID AWARD - BID #92-78
PIPE FITTINGS AND ACCESSORIES
Item Before City Commission:
The City Commission is requested to award multiple annual contracts
to firms as listed below at an estimated annual cost of $71,517.60.
Per the Budget Office, funding is from
t ) .
Background:
The City of Delray Beach Purchasing Warehouse has a need of an annual
contract for pipe fittings and accessories. Bids were received on
October 29, 1992, from twelve (12) vendors, all in accordance with
City purchasing procedures. (Bid #92-78. Documentation on file ln
the Purchasing Office.) A tabulation of bids is attached for your
review.
Recommendation:
Attached is award recommendation listing each group. The Purchasing
staff and Public Utilites staff have reviewed the bids and recommends
multiple awards to the low responsive bidders, as highlighted on tab
sheets. Contract will be from approximately 12/09/92 to 12/08/93.
Group 20 awarded individually per item, not as a total.
,"
Delray's Estimated
Vendor Annual Expenditure Group(s) Awarded
Hughes Supply $ 12,743.47 13, 14, 15, (20)
Davis Meter & Supply 343.30 3
A & B Pipe and Supply 15,558.04 6, 11, 12, 16,
19, (20), 24
Municipal Water Works 864.90 9, 17, 18, (20)
State Supply Co. 1,254.28 4, 10, 23
Industrial Plastics 227.28 7
Coastal Wholesale, Inc. 8,859.89 1 , (20), 26
Sav-On Utility 30,922.30 5, 8, t 20) , 22,
25
Ferguson Underground 744.14 2
Total Estimated Annual Cost $ 71,517.60
Attachments:
Tabulation of Bids
Award Recommendations
M E M 0 RAN DUM
TO: William Greenwood, Director of Environmental Services
FROM: Jackie Rooney, Bid Specialist r-
DATE: November 30, 1992
SUBJECT: Bid Review Committee Meeting - November 12, 1992
Bid #92-78
Pipe Fittings and Accessories - Annual Contract
Listed below is the award recommendations resulting from the meeting
of November 12, 1992, attended by Mike Office, George Abou-Jaoude,
Leon Slydell, Greg Stroud, and Jackie Rooney.
Awards were made by group totals with the exception of group **20 which
was awarded individually per item in order to receive more competitive
bids. This group contains miscellaneous items which are not supplied
by all vendors.
Group #: Vendor: Reason:
I. Coastal Wholesale Low bidder
2. Ferguson Underground, Inc. Low bidder
3. Davis Meter & Supply Low bidder
4. State Supply Co. Low bidder
5. Sav-On Utility Low bidder
6. A & B Pipe and Supply Co. Low bidder
7. Industrial Plastics Tech Low bidder
8. Sav-On Utility Low bidder
9. Municipal Water Works Supply Tie bid with Boynton Pump,
awarded to Municipal due to
their 45% discount on similar
items
10. State Supply Co. Low bidder
II. A & B Pipe and Supply Co. Low bidder did not offer any
discounts - $29.22 difference
to next low bid (A&B) who
offers several good discounts
12. A & B Pipe and Supply Co. Low bidder
13. Hughes Supply Inc. Low bidder
14. Hughes Supply Inc. Low bidder
15. Hughes Supply Inc. Low bidder
16. A & B Pipe and Supply Co. Low bidder
17. Municipal Water Works Supply Low bidder
18. Municipal Water Works Supply Low bidder
19. A & B Pipe and Supply Co. Low bidder
Award Recommendations Cont....
Group #: Vendor: Reason:
20. Awarded individually:
673 060 00100 -Coastal Whosesale Low bidder
673 060 00105 -Coastal Wholesale Low bidder
673 060 00160 -Coastal Wholesale Low bidder
673 060 00400 -Hughes Supply Low bidder
673 060 00405 -A & B Pipe and Supply Low bidder
673 060 01105 -Municipal Water Works Low bidder
673 060 01400 -Sav-On Utility Only bid received
673 060 00405 -Sav-On Utility Only bid received
673 065 00100 -No Award Only one bid received - Vendor
did not meet specifications
2L No Award Error in bid specifications -
contained incorrect part
number - Purchasing will
re-bid this group
22. Sav-On Utiltiy Low bidder
23. State Supply Co. Low bidder
24. A & B Pipe and Supply Co. Low bidder Hughes did not
offer any discounts. $24.22
difference to next low bidder
A & B who offers 52% discount
25. Sav-On Utiltiy Low bidder
26. Coastal Wholesale Low bidder
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LITY~ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,92 17:46 P (I) oK
. .-......
~
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW Is! AVJ:::NUC . lJL::LRAY BEACH, FLORIDA 33444
FACS1MILI? 407/2n-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: December 4, 1992
To: City Commis5ion
From; Jeffrey S. Kurtz, City Attorney
Subject: Aero-Dri Li tigatio~_-=_ Paym~!lt_,~~___~t!Qr~~y'__~_ F'!!es
As I have previously discussed with the Commisslon; the r'ourth
District Court of Appeal upheld the trial court's award of
attorney's fees and costs to Purv1n Industries and the Razetes.
The amount of those attorney's fees and costs awarded totaled
$144,399.44 to purvin and $65,480.00 to the RazeteB~
The trial court had awarded the fees to the Defendants as
successful parties under the Florida Environmental Protection
Act. They had been successful under that Act because the trial
court aet.armined that the City was divested of its private
cause of action when the state filed its suit against the same
defendants.
The city asked tor rehearinqs of t.he Fourth District"s
affirmance of the trial court's rulingr as the Appellate court
had not addressed, in opinion form, any of the important issues
raised by the ,City. The lack of an opinion gives future
litigants no clear direction a~ to how to proceed. In between
November 20th and November 30th, the Fourth District Court of
Appeal rejected our various motions for rehearing. It is our
office's opinion that the Supreme Court of Florida would reject
certification and therefore fur"Lner at' <'mpt6 to appeal these
issues would not be worthwhile.
Therefore, it 1s my unpleasant duty to inform you that the City
1s faced with having to pay $170,958.68 to purvin Industries
and $78,473.85 to the Razetes which represents the initial
judqments plus the interest that has accrued on them. In
addition, Purvln and the Razetes will be entitled to fees foz:'
successively defending the appeals on the attorney's fees and
coste ~hat were brought by the City. I anticipate that I will
have billing statements and be able to opine as to the
appropriateness of the appellate fees at the City Commission's
qJ L,
.
SITY_ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,92 17:47 p' . Cl3
~
city commission
December 4, 1992
page 2
meeting of December 8, 1992. At that time, direction will be
sought from the commission as to whether to appeal or pay the
j\ldgments.
J'SK:ci
cc David Harden, City Manager
Joe Safford, Director of Finance
Bill Greenwood, Director of Environmental Services
a&rQ.jak
-- -......
\
- ,-~
CITY ATtORNEY'S OFFICE TEL No. 407 278 4755 Dee 04,92 17:47 P.04
[IT' DF DELIA' IEA[H
CITY AnORNEY'S OFFICE 200 NW 1s1 AVcNUt:: . DBLRAY DBACH, FLORIDA 33444
FACSIMILE 4U7/2711-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: December 4, 1992 JlZI'
To: City Comm1881on 4 1/
From: Jeffrey S. Kurtz, City Attorney , l
Subject: Atlantic Plaza Claim/Proposed se(tlement
Attached please find a proposal to settle Atlantic Plaza's
claim for damages arising out of the alleged wafting of noxious
odors over the Plaza during the summer of 1991 from the City's
lift station at Veteran's Park.
Mr. Simon, on behalf of Atlantic Plaza, has alleged that
intermittently for a period of at least nine months during
1991, Atlantic Plaza was SUbjected to a strong and distasteful
smell. The expert he retained traced the odor problems to the
11ft station and feel. that it occurred as a result of the
City's eenversion from chlorine to hydrogen peroxide within our
sewer system. Essentially, he claims that the system was; at
the time Of conversion# initially not properly balanced. The
odors have subsided over the last year and are no longer a
problem.
Atlantic Plaza claims that total damages exceed $200,000 as a
result of the odor problem ( a breakdown is attached hereto) .
Much of these damages, even if liability were ult:imately
established against the City, are hiqhly speculative and would
be difficult to prove.
Nonetheless, litigating this issue would be time consuming and
expensive and, in addition, the negative publiCity from such a
lawsuit would be detrimental to both the Plaza and the C1 ty.
If the Commission approves the settlement, it would be condi-
tioned on receiving releases from,all possible affected tenants
and AtlantiC Plaza, as well as hOld harmless indemnification
agreements from both Atlantic Plaza, Ltd. and sandy Simon
personally.
Should you have any questions concerninq this matter, please do
not hesitate to contact our office.
JSK: sh
A't.'t:rftC"jlk.,."..rII'h.
cc: David Harden, City Manager <1M
Lee R. RrAh~m. Ri$k .~~nAn~r
. ,
November 1, 1991
LOSSES INCURRED DUE TO ODOR
FROM VETERAN'S PARK CITY LIFT STATION
Name Time Income Loss
(estimated)
LOSS OF TENANTS (projected)
J. B. Boutique 15 months $ 28,249.73
Boutique Di~na 5 years $106,446.20
$136,697.93
tOSS OF RENTAL INCOME (Actual through 10/91)
(unpaid mont~ly rental one to three months, see notes 1,2)
i
Pe tchington ' $ 2,534.42
,tunas 20,223.20
J.B. BoutiQue 3,989.04
Boutique Dbna 2,478.18
Galleria Alexander 1,500.00
Salon 777 Eaet 3,563.54
$ 34,266.36
,REPAIRS/MAINTENANCE (note #3)
Plumbers $ 6,436.19
General Contractor 1,255.00
Consultants: Solonic International 10,800 79
Equipment Rental (fans, meters, pumps) 1,33~13
$ 19,824.11
MISCELLANEOUS EXPENSES
Additional Adv~tis1ng Costs $ 10,000.00
to Regsin Publi Trust 10,095.02
Tenant Compens tion:: patchington
(8ee attached letter, note #2)
Additional Costs to Management (note #4) 600.00
$ 25,695.02
TOTAL LOSS TO DATE $216, 50S. 44
NOTES:
1. Loss of Ten~nts is Rental/Income loss due to tenants
cancelling leases and/or not paying rent obligations because of
the lift station odor.
2. Loss of Rental Income is actual unpaid rents that the tenants
have not paid because of the loss of sales due to the odor
through Octobe~, 1991.
,
3. Rep~ir8 and maintenance are actual expenses we have incurred
to find the source of the odor.
4. Miscellanous includes additional costs incurred by management
for ove~time of management's employees due to the odor.
~. Public relations is the coat we will incur to regain the
public', trust in Atlantic: ,Plaza. We recommend a public joint
..,. .t....nt. w1th tho City .n4 AU.nUc 91....
litl ' .' , " " i.' ,
:-t~f~ 'lThe aoove co.te'40;.n~~:1"c"'.~~I~~orn'~~~~1:i9~ ~o tenants for
, - ,:<:, : 1lf\~t ., of ..1.. due to" 'o~or . l Q' on). '." Sales are,
, ~~~ , in each atore, (B,,~. , " ,Al!;-'tenants sdes _.,
","~not 80 impacted.),.f;O, " ,~?l",a,lea). ",
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December 2, 1992 ~ (,p/,) ,1/'1-~N_
Jeffrey S. Kurtz, Esq.
City ofDelray Beach
200 N.W. 1st Avenue
Dekay Beach, Florida 33444
Dear Jeff:
We would very much like to settle the and resolve the issue of the odor impact on Atlantic Plaza
caused by the City lift station located in Veterans Park. Our last proposal was $85,000 as a
settlement. Your counter proposal was 545,000.
Ifwe can resolve the issue immed!ately. and obtain payment within the next ten days, we would
':.:. be willing to settle for the $50,000.
~
. Please call me to arrange a meeting to try to resolve this issue, putting it on the City Commission
agenda for their next meeting, and let's put this issue behind us. /
'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 9 N - MEETING OF DECEMBER 8, 1992
PURCHASE OF PORTABLE RADIOS
DATE: December 4, 1992
This item is before you to authorize the purchase of 115 new
portable radios for the Police Department. This purchase
will allow the department to bring their current radio
system up to its maximum capacity.
Based on Motorola's five-year lease purchase proposal, the
annual cost increase will be $6,155.96. We are still
investigating alternative financing and pricing, and will
report the results at the meeting Tuesday night.
Recommend approval with an annual cost increase of
$6,155.96, pending further review.
,'.
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Delray Beach Police Department ~
. .
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 RICHARD G. OVERMAN
(407) 243-7888 Fax (407) 243-7816 Chief of Police
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard G. Overman, Chief of Police M
DATE: December 4, 1992
SUBJECT: PORTABLE RADIO PURCHASE PROPOSAL
Please find attached our recommendation for the purchase of 115
new portable radios to upgrade our current radio system. I
believe you have a copy of Captain Schroeder's analysis report of
our radio system, outlining the need for this purchase.
This purchase will allow us to bring our current radio system to
its maximum capability. This I feel will carry us for the next
five years. We in the interim will be moving forward with a plan
to tie into the Palm Beach County 800 Mhz system. I have been
advised that it will be at least five years before we will be
able to tie in to the county system.
Thank you for your attention to this matter.
RGO/ppt
Attachment
COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE
. DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Chief Richard G. Overman
FROM: Captain J.L. Schroeder
Support Services Division
DATE: November 30, 1992
SUBJECT: PORTABLE RADIO PURCHASE PROPOSAL
-----------------------------------------------------------------
-----------------------------------------------------------------
On November 9, 1992, it was decided by staff that the Department
should continue steps towards the purchase of new portable
radios. I was tasked with thi s assignment with the following
concerns to be addressed.
1. Full list of needed equipment
2. Accurate projected dollar amount
3. Discuss options with the union
4. Convertibility of system to 800 mhz
5. Continued functionability of radio identifier system
6. Other products available
7. Delivery time
On November 10. 1992. Major Lincoln and I met with Officer Pete
Pitocchelli, the President of the FOP. The radio purchase
proposal, as well as the MT1000 swap were discussed. Officer
Pitocchelli felt there was not an urgency to swap out the current
MT500's with the MT1000's in the Patrol Division. It was
requested that Officer Pi tocchelli speak with the officers and
inform us if there was any change in his position. As of this
date there was nothing brought to our attention by the union.
There is very little in the way of other products on the market
that meet our needs. Using the military specifications standards
I found only one other company that could even meet these
standards. In addition, I felt that we should not vary from the
company that supplies all of our current radio equipment. The
issue of compatibility is very important and one that I have had
negative experience with already in the Communications Center.
When I say compatibility, I mean more than just the fact that the
two different products should work together. I am very concerned
about service and maintenance compatibi li ty. Wi 11 the vendor
repair the product or try to place blame on the functionability
of other equipment in the Center. Let me give you an example:
We recently purchased new digital recorders for our phones.
These recorders did not work correctly and the company was
requested to fix the problem. They responded that their
equipment was working properly and it was our main recording
system that was causing the problem. Shortly after that our new
main recorder was installed. yet the problem on the digital
recorders continued. The company was again called and this time
they said they fixed the problem.
""I
SUBJECT: PORTABLE RADIO PURCHASE PROPOSAL
.NOVEMBER 30, 1992
PAGE 2
The problem was fixed, unfortunately it caused problems with my
phone key pads. We did not know the problem was caused by the
digital recorders and called the key pad service company. They
came in and told us the problem was the digital recorders. The
problem continues.
I hope you can understand why I wish to stay away from different
vendors within the same system. Motorola, our current vendor,
has an excellent radio that would fulfill our needs, the HT1000.
The HT 1000 has resolved the problems identified by our officers
wi th the MT1000. The two main problems our officers identified
were 1) the difficulty of changing channels when the remote mike
is attached, and 2) inability to use an earplug. The HT1000 not
only has these problems resolved, they also have reduced the
radio's size and weight without loosing power. The Motorola
HT1000 is, in my opinion, our best choice in resolving our
current portable radio needs.
PROPOSAL
Indv1 Total
Description Quantity Price Price
HT1000 eight (8) Channel 115 $914.28 $105,141.20
Portable Radio, four (4)
watts UHF power output
Time-Out-Timer
Director/Repeater Talk-Around
Channel SCAN with Priority
Transmit and Busy Channel
Indicators
Helical (VHF) or Flexible
Whip (UHF) Antenna
Ultra High Capacity Battery
Desk-Top Rapid Charger
Belt Clip
Internal Noise Cancelling
Microphone
3 Year Warranty
Programming
Ultra-High Capacity Batteries 130 110.00 14,300.40
Public Safety SpeakerjMicro- 115 165.50 19,032.50
phone/Antenna with Noise
Cancelling
Six (6) Unit Enhanced Desk-Top 5 695.00 3,475.00
Charger with Wall Mount Kit
Earpiece with Volume Control 30 75.00 2,250.00
with Required 3.5mm Adapter
Delivery 4-8 weeks GRAND TOTAL: $144,199.10
SUBJECT: PORTABLE RADIO PURCHASE PROPOSAL
NOVEMBER 30, 1992
PAGE 3
The equipment and prices listed are based on what it would take
to ensure that all personnel that are issued a radio would have
either a MT1000 or an HT1000. This does not include any type of
belt holder, relying on the belt clip that is included with the
radio.
The HT1000 also has the ability, with accessories, of hands-free
voice activated transmissions. This was one of the requirements
for a radio system to be used by our special response team. The
HT1000 will also be set up to function with our current radio
identifier system.
In regard to convertibility to 800 mhz, there are no radios that
can be upgraded from UHF to the 800 mhz band.
I met with Jim Carlson, Account Executive for Motorola, and
provided him with a rough estimate of the equipment we were
seeking to purchase. Mr. Carlson was requested to provide me
with an estimate of the yearly costs for a five (5) year equity
lease program. The following is the Motorola quote based on our
estimate:
Contract Type: Municipal Tax Exempt Lease
Payment Term: 5 Years
Frequency: Annual
Structure: Advance
Number of Payments: Five (5)
Balance to Finance: $142,000.00
A.P.R.%: 6.97%
Finance Factor: 0.228718
Payment: $ 32,477.96
Total Cash Flow: $162,389.78
PERIOD PAYMENT
YEAR
1 $32,477.96
2 32,477.96
3 32,477.96
4 32,477.96
5 32,477.96
TOTAL: $162,389.80
A final and firm quote will be provided upon determination of the
exact equipment we are seeking.
Wi th the purchase of the HT1000' s, with their three (3) year
warranty, we will be able to reduce our monthly service contract
with Motorola. We currently pay $10.70 for each portable radio
we possess. Currently that number is 245 which equates to a cost
of $2,621.50. This number can be reduced to forty (40) at a
total cost of $428.00. This will result in a monthly savings of
$2,193.50 and an annual savings of $26,322.00. When you consider
this saving, we would be paying only $6,155.96 more a year for
115 new radios. Of course, after three (3) years the radios
would go back on a maintenance plan that would equate to at least
$10.70 per radio, per month.
SUBJECT: PORTABLE RADIO PURCHASE PROPOSAL
, NOVEMBER 30. 1992
PAGE 4
The HTI000 will certainly take us into the next ten (10) years
without the need for replacement. In that time period we will
face the difficult question of upgrading the main system
hardware. If we decide to join the 800 mhz band. the MTI000's
and HTI000's will no longer be useable. Unfortunately. there is
no portable radio on the market that can be reprogrammed from UHF
to the 800 mhz band. Motorola is designing a radio. the
MTS-2000. which will include a "flashport". This "flashport"
will enable radios to be reprogrammed for virtually any task in
any spectrum. This radio is due out in late 1993.
I mentioned this not only because of our needs. but also because
the Federal Communications Commission has filed a Notice of
Intent to make rule changes. This rule change would include
reducing band widths and allowing trunking in the UHF bands. If
passed. the changes would begin in 1996 with a deadline to
complete by the year 2000. The HTI000 could not be modified to
meet trunking but can be programmed to meet the new channel
widths.
It is my recommendation that we move forward with the acquisition
of the portable radios and accessories as outlined in my
proposal.
Your consideration in this matter is greatly appreciated.
vis
cc: Major W.H. Cochrane
'1-1
SUBJECT: ANALYSIS OF RADIO COMMUNICATIONS SYSTEM
October 30, 1992
Page 5
The final portion of our radio communications equipment is the
mobile radio. We currently possess one 35 watt mobile radio and
three 25 watt mobile radios. At the present time the only radio
that is mounted in a vehicle and useable is the 35 watt radio.
This radio is currently in the D.A.R.E. van. The three 25 watt
radios are in boxes and not in use. These radios are powerful
enough to transmit and receive from anywhere in the city without
the assistance of receiver/repeater sites.
-------------------------------------------------------------------
PD FD
YEAR MANUFACTURED MODEL NUMBER NUMBE,R
1977 MT500 91 31
1978 MT500 82 19
1979 0 0
1980 MT500 8 . 2
1981 MT500 10 5
1982 MT500 11 0
1983 MT500 10 7
1984 0 0
1985 0 0
1986 MT500 5 7
1987 0 0
1988 0 0
1989 MT500 1 0
1990 0 0
1991 MTI000 40 0
UNK MT500 10 9
FIGURE 1. Age Breakdown of Our Portable Radios
----------------------------------------------------------------
In summation, the most significant problem identified in the area
of our equipment is the age of the portable radios. As the radios
get older they require more repairs and lose their ability to
transmit with sufficient power. There have been several occasions
where officers will report a "dead spot" wi thin the city limits
that they cannot talk to dispatch. Motorola has checked out these
spots and found that these were not "dead spots" and the likely
culprit is the officer's portable radio. I have several
recommendations for this problem that I will describe later in my
report.
REPAIR/SERVICE HI STORY
The service and repair work is primarily conducted through Motorola
I under a service agreement we currently maintain. The Police
Department currently pays Motorola $4,708.75 per month for
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CREATIN.
N EWV
HORIZON.
VHF · 5to 1 Watts · 136-17.4MHz
UHF · .4 to 1 Watts · 450 - 520 MHz
2 CHANNEL MODEL
8 CHANNEL MODEL
16 CHANNEL MODEL
'I. :bo/f,
'Colt
The HT 1000 portable series offers you small,
rugged, economically packaged radios loaded
with features never before offered in a Motorola
HT portable product. In addition to the size,
durability, and affordability advantages the
HT 1000 radio offers, it also includes program-
mable function controls and radio-to-radio
cloning for increased user ftexibility. Of course,
the HT 1000 radio family incorporates the
quality and reliability you have come to expect
from Motorola-the leader in FM two-way radi
communications.
.
ACCESSORIES
FOR THE HT 1000 . MT 2000 . MTS 2000 PORT ABLE RADIOS
COMPACT CHARGERS -Ideal for radio users with space limitations, CARRY CASES - A variety of cases are available for use, and all are
the compact charger is available in Slow Rate and Rapid Rate models. The made of high quality, durable materials. leather cases include a snap belt
chargers come in two parts, the charger stand, and the combination line loop and t-strap, and are also available in swivel versions with 2.5" and
cord/transformer/adapter. The Slow Rate chargers require 16 hours of 3.0" swivel belt loops. The nylon cases also come with snap belt loops and
operation, and the rapid rate chargers need less than two hours. t-straps as standard equipment.
11 0 Volt Slow Rote leother Case for
Compact Charger NTNl174 High Capacity Battery NTN7238
110 Volt Rapid Rate leather Case for
Compact Charger NTNl171 Ultra Capacity Battery NTN7239
220 Volt Slaw Rate 2,5" Swivelleother Cases for
Compact Charger NTNl175 High Capacity Battery NTN7241
220 Volt Rapid Rate 2.5" Swivel leather Cases for
Compact Charger NTNl172 Ultra Capacity Battery NTN7242
240 Volt Slow Rote 3.0" Swivel leather Cases for
Compact Charger NTNl176 High Capacity Battery NTN7244
240 Volt Rapid Rate 3,0" Swivel leather Cases for
Compad Charger NTNl173 Ultra Capacity Battery NTN7245
Nylon Case for High and
Ultra Capacity Batteries NTN7247
MULTI UNIT CHARGERS - The rapid rate multi unit charger typically
needs 1 hour for a complete battery charge and can accommodate up to SPEAKER MICROPHONES - The Remote Speaker Microphone and the
six batteries at one time. The multi unit charger is available in 11 OV, 220V Public Safety Speaker Microphone both include a coiled cord assembly,
and 240V operation, but its internal transformer allows for use with swivel clip, and a quick disconnect latch. No longer does the user need a
interchangeable plug-in line cords for easy conversion between domestic screwdriver to connect a microphone to a radio. With the new quick
and international use. disconnect mechanism, it only takes seconds to make a connection, and
110 Volt Rapid Rate the latch can be secured with a screw if desired. Additionally, there are
Multi Unit Charger NTNl m versions of both accessories that feature a built-in noise canceling micro-
220 Volt Slow Rate phone to help the user's voice be heard over the background noise.
Multi Unit Charger NTNl178
240 Volt Rapid Rate The Public Safety microphones also feature an antenna connector and
Multi Unit Charger NTNl179 receive audio high/low volume push buttons.
Remote Speaker
Microphone NMN6193
Remote Speaker
Microphane -
Noise Canceling NMN6191
Public Safety
BELT CLIPS - Two easy-to-use spring loaded clips are available in 2.5" Speaker
Microphone NMN6194
and 3.0" lengths. The clips feature a slide-in locking mechanism that lets Public Safety
the user place and remove the clip from the radio without the need for a Speaker
screwdriver. The three inch version is designed especially for public safety Microphone -
use and is crafted of black aluminum. Noise Canceling NMN6192
2,5" Belt Clip
(black) NTN7317
3.0" Belt Clip
(black aluminum) NTN731B
@ MOTOROLA
EARPIECE WITH STANDARD EARPHONE - Features beige earpiece EAR MICROPHONE WITH m OR VOX INTERFACE MODULE -
with straight cord; easily concealed under clothing for surveillance Unique design picks up voice through bone vibrations in the ear canal,
communications. Also available with volume control and/or extra loud while VOX capabilities allow hands-free communications. Microphone
earpiece (exceeds OSHA limits). These accessories require the BDN6676 and miniature speaker are housed in one unit. Interface module is avail-
adapter jack (3.5mm) that attaches to the radio. able in manual push-to-talk or selectable voice-activated versions. RFI
Earpiece with Eorpiece with protected; noise canceling up to 105 dB. Ideal for use under any chemical
Stondord Earphone BDN6664 Volume Conlrol BDN6666 suit orface mask. Optional accessories include remote finger push-to-talk
Earpiece with Extra switch, ear holderforsecure positioning of earpiece; replaceable silicone
loud Earphone BDN6665 rubber eartips. A complete system consists of an ear microphone with
radio interface module in either PTT or VOX mode, depending on user
preference.
Ear Microphone
Standard Naise level
Ear Microphone
(up to 90 dB). Black BDN6677
Standard Noise level
Ear Microphone
(up to 90 dB). Beige BDN667B
High Noise level
Ear Microphone
(up 10 105 dB). Grey BDN6641
Interface Module
SURVEILLANCE 2 and 3 WIRE EARPIECE - Available with small lapel PTT Interface Module BDN6708
microphone or small polm microphone. Lapel mic allows transmission of vox Interfoce Module BDN6671
nearby conversations as well as user's voice; palm mic allows trans-
missions of whispered conversations. Also available with extra loud DUAL SPEAKER HEADSET WITH NOISE CANCELING BOOM
earpiece (exceeds OSHA limits). These accessories require the BDN6676 MICROPHONE. Features a noise canceling microphone for communi-
adapter jack (3.5mm) that attaches to the radio. cation in high noise environments (up to 125 dB). The adjustable, over-the-
2- Wire Surveillance 3-Wire Surveillance head assembly can be worn with or without a hardhat. Fully flexible boom
Eorpiece BDN6667 Earpiece BDN6668 mic; electrically protected against EMI and RFI; push-to-talk button
2-Wire Surveillance 3- Wire Surveillance located on the earcup allows momentary transmission while the radio
Earpiece. Extra loud BDN6669 Earpiece. Extra loud BDN6670 remains on the belt. The headset requires the BDN6673 radio adapter
cable.
BDN6645
Other accessories are avoilable. Refer to 0CClllSS0IY pric:e pages for deto~s.
USA @ MOTOROLA
~
1301 E. Algonquin Rd., Schaumburg. Illinois 60196
l@==:l OFFICIAL SPONSOR Toll Free 1-800-247-2346
OF THE 1992
us OLYMPIC TEAM In Canada: 4000 Victoria Park Ave" North York,
tI[~.- Ontario, M2H3P4
Winner 1988 National
Support ServIces Quality @ ,Motorola, HT 1000, MT 2000. MTS 2000 are
Award trademarks 01 Molorola, Inc,
Wherever Motorola sells. our product is backed by ~
service. In the U.S., we have 900 authorized ar 01992 Motorola . Printed in USA . (9204) S.D.L
company-owned centers. In ackIition, our producls 36 use 380 . Produced by Marketing Services
are serviced throughout the world by a wide network Molorola is an Equal Employment
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service organizations, RQ-4-193
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@
EQUIPMENT DESCRIPTION
1 HTl000 FM Portable Radio HOl SDC9M3N
UHF Frequency Band Operation
1-4 Watts Output Power (Adjustable)
Multiple Coded Squelch on a Per Channel Basis (PL DPL & CSQ)
2. 8. or 16 Channels - Synthesized
Microprocessor Controlled
Field Programmable
Dired I Repeater T a1k-Around
Internal Noise Cancelling Microphone
Time-Out- Timer
Monitor Button
HII LOW Power on a Per Channel Basis
Preprogrammed Channel SCAN I Auto SCAN I Priority SCAN
PIT 10 and EMERGENCY with Acknowledgement (Requires MDC1200 Console)
Quick-catlll Decode (pager built into the radio.)(Requires Paging Encoder)
Impad-Resistant Polycarbonate Housing
O-Ring Seals for Weather Protection
Bi-Color LED Indicator for: Transmit and Busy Olannel
Quick-Disconned Accessory Connedor ('Weather Sealed)
Top-Mounted. Touch-Recognizable Volume and Olannel Seled Knobs
Aexible Whip Antenna
Ultra High Capacity Rechargeable Battery
Desk-Top Rapid Olarger (2 Hours)
Belt Oip
Squelch Tail Elimination (Reverse Burst)
Full UHF Bandwidth Frequency Separation (70MHz)(No Degradation)
Programmable Toggle Switch. Side Buttons. and Top Button
Radio to Radio Ooning (Requires Ooning Cable)
Meets the U.S. Military Spec 81 OC. D. & E for: Shock. Vibration. Rain. Dust Salt Fog.
Humidity. Temperature Shock. High & Low Temperature. Low Pressure. and Solar
Radiation.
Meets the E.lA RS-316B Spec for: Shock. Vibration. Dust and Humidity.
3 Year Warranty (1 Year Standard Parts & Labor Warranty 12 Years Depot Parts &
Labor Warranty)
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(K':
SUBJECT: AGENDA ITEM i I tJ If - MEETING OF DECEMBER 8. 1992
ORDINANCE NO. 64-92
DATE: December 2, 1992
This is second reading of an ordinance modifying the Waterford
Special Activities District and Development of Regional Impact
Development Order in order to accommodate a Builder's Square retail
use south of Linton Boulevard between 1-95 and S.W. 10th Avenue.
The Planning and Zoning Board at their November 16th meeting held a
public hearing. Several individuals spoke in opposition to the
project. Following the public hearing, a motion to approve the
application failed on a 2-4 vote. Subsequently, the Board, on a 4-2
vote, forwarded a recommendation that the requested modifications to
the SAD and DRI-DO be denied based upon 17 findings pertaining to
inconsistency with the Comprehensive Plan, performance standards in
the LDRs , and compliance with conditions of the DRI-DO. Also, as a
part of that action, the Board recommended that in the event
Commission approval is granted, 26 specific conditions of approval be
affixed to such action. A detailed staff report is attached as backup
material for this item.
At the December 1st regular meeting the Commission voted to approve
Ordinance No. 64-92 on first reading on a 3-2 vote (Dr. Alperin and
Commissioner Ellingsworth dissenting).
Recommend consideration of Ordinance No. 64-92 on second and final
reading.
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C I T Y COM MIS S ION DOC U MEN TAT ION :l/Gl
TO:
FROM:
SUBJECT: MEETING OF DECEMBER 8, 1992
2ND READING, SAD MODIFICATION FOR WATERFORD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the enacting ordinance for modifications to the
Water ford SAD.
BACKGROUND:
First reading of this ordinance was conducted on December 1st
following a public hearing. The ordinance which was presented
at that time had been modified (from the draft ordinance which
was reviewed on November 24th) to reflect a different format
(per the City Attorney) and to accommodate the deletion of a few
conditions which were no longer applicable (based upon
preliminary review of the most recent MOP and site plan).
The applicant's attorney has reviewed the proposed ordinance and
has requested a few changes (see Ciklin's letter of December
2nd) . Those requests will be accommodated. Since there were no
other comments about the ordinance, it is presumed that their
substantive aspects are acceptable, except as they may be
modified by the applicant's proposal for traffic congestion
mitigation i.e. the 10th Avenue Extension proposal.
As of the writing of this documentation, the traffic mitigation
proposal has not been presented nor has there been a formal
meeting on the subject. Once such a proposal is received, it
will be evaluated and additional conditions of approval, as
appropriate, will be recommended by the Administration.
There are several other agenda items which pertain to the
overall project. Each has its own cover memorandum.
RECOMMENDED ACTION:
Pending submission and acceptance of a traffic mitigation
program, approval of the ordinance (as it will be modified to
accommodate the traffic mitigation program).
Attachment:
* Ordinance 64-92 (current draft)
* Ciklin letter of December 2, 1992, to Kurtz
DJK/T/CCDRI2ND
tr r f -;. ~;i;,y.....
r-
~W OF"F"ICES
BOOSE CASEY CIKLIN LUSITZ MARTENS McBANE Be O'CONNELL
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
.;OSEF>H L, ACKERMAN. .JR, GREGORY S, KINO PHILLIP D, O'CONNELL. SR, (1907-1987)
BRUCE G, ALEXANDER. P,A, CHARLES A, LUBITZ. P,A. _
.;ERALD S, BEER. P.A. EDWIN C. LUNSFORD OF' COUNSEL
WILLIAM R, BOOSE. m. P,A, RICHARD L, MARTENS. P,A, .JOHN L, REMSEN
.JOHN D, BOYKIN. P,A, LOUIS R, MCBANE. P,A,
PATRICK..J, CASEY. P,A, TIMOTHY p, McCARTHY. P,A, -
ALAN ..J, CIKLIN. P.A, CLAUDIA M, McKENNA NORTHBRIDGE TOWER I . 1St.... FLOOR
MICHAEL W, CONNORS MORRIS G, (SKIP) MILLER !lIS NORTH FLAGLER DRIVE
ROBERT L. CRANE. P.A, BRIAN M, O'CONNELL. P.A. WEST PALM BEACH, FLORIDA 3~0'
RONALD E, CRESCENZO PHIL 0, O'CONNELL, ..JR,. P,A, TELEPHONE (407) 832- 5900
LEE B, GORDON. .J, KORY PARKHURST TELECOPIER (407) 833-4209
MIKEL D, GREENE CHRISTOPHER..J. TWOHEY
LYNDA.J, HARRIS. P,A, .JOHN R. YOUNG. P.A, -
DEBRA A, .JENKS LONNIE B, ZANGRILLO MAILING ADDRESS
BRIAN B, .JOSLYN. P,A, ESTHER A. ZAPATA P,O, DRAWER 02445245
WEST PALM BEACH. F'L 33402-445245
December 2, 1992
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VIA PAX 278-4755 tiJ,~' , <..,
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Jeffrey Kurtz, Esquire, city Attorney - !';>C'
ci ty of Delray Beach F\...;':.. I" ,
200 N. W. First Avenue . . . ,c.....' , ';\..G
Delray Beach, Florida 33444 ~
Re: WaterfordjOrdinance No. 64-92
Dear Jeff:
I have reviewed the Ordinance which was passed on first reading last
night. The copy that I received duplicated Page 3 with Page 4.
They were identical, so I assume one of those pages should be
eliminated, and the Ordinance renumbered. In addition, in section
3, I believe the dates reflected in Subparagraph (a) and (c) should
be December 8th, rather than December 1st.
In section 4, Paragraph 3, the reference should be to Delray
Crossings Shopping Center; not Delray Square.
In section 13, I have been advised by both Kimley-Horn and Dick
Sheremeta that the East access way should not be required to meet
street standards. By copy of this letter I am requesting that David
Kovacs, or someone from the City Engineer'S office, comment about
that issue.
In section 14, as I previously stated, there is a problem providing
pedestrian ways to Delray Crossings. The provision of the pedestrian
ways could be considered as linking Waterford and Delray Crossings.
We have assured the Department of Community Affairs that we will not
do so, and have gone to great lengths to insure that the projects
will not be linked. There is an exception in chapter 380, however,
which states that if the requirement is one of the City government,
that it will not be considered as a sharing of infra-structure. In
order to resolve this issue, perhaps we can add the following
sentence to section 14:
<<,,,...r.;~~1W,
Jeffrey Kurtz, Esquire, City Attorney
December 2, 1992
Page 2
The requirement of providing pedestrian ways to Delray
Crossings is acknowledged to be a requirement of the City,
and shall not be considered a sharing of infra-structure,
pursuant to Chapter 380, Florida statutes.
The foregoing are my comments regarding the SAD Ordinance modification.
I assume that at some time there will also be a resolution amending
the Development Order. When that is prepared, I would like to have
a copy so that I may review it.
Thanks for your cooperation.
AJC/ag
026-3156
cc: David Kovacs (407/243-3774)
Tom McMurrain (364-9562)
1U,~'-;l.iJotl,'~Ar..'
ORDINANCE NO. 64-92
AN ORDINANCE OF THE CITY CO~IISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RESTATING AND AMENDING
ORDINANCE 79-84, AND ORDINANCES 96-87, AND 68-89,
WHICH PREVIOUSLY AMENDED ORDINANCE 79-84, PERTAINING
TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS,
PRESENTLY ZONED SAD (SPECIAL ACTIVITY DISTRICT) AND
LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN
LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND LYING
AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43
EAST; MODIFYING THE ALLOWABLE USES OF LAND, APPROVING
A REVISED MASTER DEVELOPMENT PLAN, ESTABLISHING
CONDITIONS OF APPROVAL FOR FURTHER DEVELOPMENT;
DELETION CONDITIONS OF APPROVAL WHICH HAVE BEEN MET OR
ARE NO LONGER NECESSARY, DETERMINING THE VESTED STATUS
OF THE WATERFORD SAD, PROVIDING A GENERAL REPEALER, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on October 9, 1984 the City Commission of the
City of Delray Beach, Florida passed and adopted on second reading
Ordinance 79-84 establishing the SAD Zoning District on the
"Waterford property" (described below) to allow for development of
hotel, office, and multifamily uses on said property; and,
WHEREAS, on May 28, 1985 the City Commission of the City
of Delray Beach, Florida passed and adopted Resolution 49-85
approving the development of Regional Impact Application for the
"Waterford property" and further setting forth conditions on the
development of said property; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, passed and adopted Ordinance No. 96-87 on second reading on
which amended Ordinance No. 79-84 by deferring
construction, certain road improvements, amending the measurement of
project phasing from a square footage basis to a traffic generation
basis and approved the site plan on the residential portion of the
project; and,
WHEREAS, through Ordinance No. 68-89 passed and adopted on
November 16, 1989 the City Commission of the City of Delray Beach,
Florida, amended Ordinance No. 79-84 to amend the site plan for the
property and relocate access to the proposed hotel parcel; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, on October 24, 1989 passed Resolution No. 80-89 amending
Resolution No. 49-85 to provide for an initial determination by the
Planning Director to whether proposed modifications to the
development constitute a substantial deviation under Chapter 380,
Florida Statutes; and,
WHEREAS, the current owners of the property have sought a
modification to the development to replace the proposed hotel use
and approximately 50% of the proposed office space with
approximately 136,000 square feet of retail use; and,
WHEREAS, the City Commission on determined that
such proposed modification would not constitute a substantial
deviation; and,
WHEREAS, the City and the owners are desirous of unifying
the various ordinance modifications; and,
WHEREAS, certain conditions of development have been
previously built and constructed or otherwise complied with; and,
WHEREAS, certain conditions of development are current
required by existing standard building codes and/or land development
regulations; and,
WHEREAS, the proposed retail use and deletion of hotel use
and reduction of office space requires amendments to certain
conditions of development and approval of a modified site plan.
~ Jij. T''''":~'>'''i:\..
r---- -
-.--
NOW,. THEREFORE , BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS
FOLLOWS:
That Ordinance No. 79-84, amended by Ordinances No. 96-87 and 68-89,
is hereby amended to read as follows:
Section 1. The the fOllowing described property is hereby
zoned and placed in the SAD (Special Activities District) as defined
in Chapter 30 of the Code of Ordinances of the City of Delray Beach,
Florida, to wit:
A tract of land lying in Section 29, Township 46 South, Range 43
East, being Parcel 3 and Parcel 4, LINTON CENTER, as recorded in
Plant Book 39, Pages 8 and 9 of the Public Records of Palm Beach
County, Florida. TOGETHER WITH Lots 1251, 1252, 1253 and 1260,
TROPIC PALMS PLAT NO. 3, as recorded in Plat Book 25, Pages
137-139 of the Public Records of Palm Beach County, Florida.
Containing a total of 86.423 acres, more or less, and subject to
easements and rights-of-way of record. This property is located
south of Linton Boulevard, between Interstate-95 and Linde 11
Boulevard, Delray Beach, Florida.
Section 2. tYtat t~nl!ttt0nal '4ise anI! sHe
anI! l!evel~~ll'Ient plan appt~vals f~t tYte s\til~ett
pt~petty I!esttiilel! tn $etU~n Ii ab~vei ate YteteilY
~tantel! s'4ib8ett t~ tYte f~ll~~in~ exptessel! t~nl!tti~ns{
tal tYte ~nlY t~nl!itl~nal '4ise. t~ be petll'ltttel! Ytete'4inrAet ate as
f~Il~~"
That uses allowed for the subject property described in Section, above,
are only as follows:
ill General Retail Use
HI K~tez anI! ll'I~tel ~itYt ant tI lAtt
testa'4itantJ 1~'4in~ei tetteaU~nJ anI!
tetatI '4iseSl
(b) Office, research and development, and
associated production uses;
(c) Multiple family residential units anI! tYteit attenrAant
tette;.tt~naz fatUtties' along with accessory uses
and structures as allowed wi thin the Medium Density
Residential (RM) Zone District.
11.1 K~ll'Ie ~tt'4ipati~nsi s'4ib8ett t~ Set' ~0fI7(tl
('tJl ,tt~t t~ rAeveI~pu'lent rDf tYtis Pt~pettt aliI!
tetetvin~ ally is'4itIl!in~ petu'lits tYtetefrDteJ
tYte s'4iil8ett l!eYel~pu'lellt is telt'4iltel! t~ meet
tYte pz;.ttill~ telt'4ilteu'lents set frDttYt ill 'CYte
'It.ty'' S'4i'tJl!tyist~Jl 0tl!inantesi 'lYtaptet H tJf
tYte 'l~l!e ~f 0tl!illalltes'
ttl tYtat all S!~Jls aliI! paveu'lent ll'IatK!Jl~. t~lIstt'4ittel! 0t
etettel! ilt tYte rAeveI~pet ll'I'4ist 'tJe ill att~tl!allte witYt M~Trt0
spetttUatt~nSi
II!I TYte I!tatria~e ~f tYte s'4i'tJ~ett pt~~ett sYtall ile ll'Ialritairlel! 011
site ~t ~'4it tYtt~'4i~Yt tYte st~tu'l sewet systeu'l aJlrA 1I~ I!tailla~e
~iII ile alI~wel! t~ fI~~ 0vet lanl! 0rit~ al!~atellt Pt~~ettt'
leI tYtete sYtaZZ 'tJe n0 l!'4ig\pstets' tI\tstet il0xesi tteesJ iYtt'4iils
~t stt\ttt'4ite. petu'littel! ~Jl any easeu'leJlt. ~t ti~YttSt0ftway
sYt~~Jl ~Jl tYte plat'
2
~'o...:'''".th;.''~
.
al 'tliis apptcyal is $~lS!eit to die te~ltetrierit
tilat all itt!~ati~ri f~t tili, pt~~ett sill. II
lOe ft~tri a s~14tte ~tYlet tilari Ut1 watetl t.f
s~til watet i, s~italOle f~t lttl;atl~rit
/;1 tYlat eil,tiri~ tl~Ylt.f~ffwa1 ari~ easetrierit, ~f tet~t~ sYlal1
lOe alOari~~rie~ ptl~t t~ teteiYiri~ firial plat appt~yalt
/'111 t'11at ttaffU t'11aririelitati~ri at t'11e ~ffUe ~t~Pf~ff atea,
rieat Uri~eIIi$Nt I0til Meri~e s'11all lOe ~e'i;rie~ iri
att~t~arite wit'11 tYle .tari~at~. ~f t'11e ~itt Eri~lrieett
/11 tYlat a 100' tari;erit lOef0te tYle fit.t t14tye sYlaII 1;e
pt0Yi~e~ at t'11e erittarite att~.s ft0tri l;tet ~tttle hi
att~t~arite witil tYle .tari~at~s ~f tYle eit1 Eri~irieett
/H tYlat tYle tt~'sft~ririetti0ri lOetweeri B~ll~iri;' B ari~ ~ 0f tile
tri~ltiple faritil1 atea .YlalZ lOe Itript0Ye~ t~ triaKe a ~'ealOle
t~a~wa1 t~ririetti0ri 161 .ttai;Ylteriiri; ali;ritrierit ari~ ~eletiri~
patKiri~ lri ait0t~arite wltil tile .tari~at~s ~f tile Ut1
lri;lrieett
fU t'11at tile pe~e.ttiari patil lri tile tesl~eritlal atea .ilall lOe
e~teri~e~ t~ tile ri0ttiletri eri~ ari~ tYlat Pe~e.ttiari liriKa;e'
''11aII lOe pt0Yi~e~ witillri tile 0ffLrte patK iri att0t~arite
wltYl tile .tari~at~, ~f tile elt1 Eri;lrieett
t11 tilat .l;ri, ari~ triatKiri;s .ilalZ 16e ~'e~ to ~eflrie ~rieNa1
ttaffit pattetri' iri att~t~arite witil tYle .tari~at~s ~f tile
~it1 lri;trieet t
ltril fti~t till tYle 1$S~arite ~f ari1 lO14il~tri; pettriit'I tYle
~eYel~pet wtll lOe te~14lte~ to eritet iritlll ari A;teetrierit witil
tile ~tt1 te~at~tri; tile wt~erilri; ~f ttritlllri BIlI14leYat~ ft0tri
f~14t larie' t~ .it larie. ft~tri 01~ 01tte Ht;ilwa1 tYlt014;il tile
lfU 1ritettYlari;et tYlis A;teetrierit will ~eftrie t'11e
~eYellllpet" .ilate IlIt tile tlll,t ~t till, tllla~ \qi~eriirig-
pt~!ettt t'11e A;teetrierit lOetweeri tYle ~eyel0pet ari~ t'11e tlt1
will 1.1'0 t~0t~triate titritri; 0f 0rl.tiite ari~ ~fff.lte
ttafftrt Itript~Yetrierits w!til pila,tri; ari~ tttriiri; tJf
i0ri.tt14rttt~ri ~f tYle ~eYel~ptrieritt
lril tilat tile ~eYel~pet .'111.11 i~ri.tt14it $,~t 10til ~Yeri14e a. a
.flarie t~a~wa1 wit)\. lOiKe larie. ft~tri ttrit~ri B~~leYat~ to
tiri~ell BIlI14leyat~t
{01 tilat tYle ~eYel~pet iYlal1 illlristt14tt t14tri larie. at tlri~ell
BIlI14leyat~ ari~ ptllljett erittarite,l iristall a ttaffit si;rial
at tiri~eII B~14leyat~/$N' 1.0 til AYeri~el ari~ tri16~tf1 t)\.e
.i;rial at tirit0ri/$t~t 10til AYeri14et
{pI tile ~eyez0pet tet16;ritZe. tYlat t0a~wa1 itript~Yetrieriti
ali'0itate~ \qitil t)\.e ttiffti ~erietate~ ft~tri tYlii pt~!ett
)\.aYe ri16t 1et lSeeri fi rial 11 ~etettritrie~t ftilllt t~ di.e
ilii14ariie 0f ari1 101411~tri; pettriitil tile ~eYellllpet will a;tee
till rtlllri.tt14it i14iil a~~ttilllriaZ ~rifitte ari~ IlIfffitte ttaffit
ltript0Yetrieriti ali tria1 lOe te~14tte~ 161 rttt1 t014riitI 1ri
atrtlllt~arirte wttil tti lari~ ~eYel~ptrierit te;141att0ri"
(~1 tilat tile ftte '111~tarit at tile west eri~ 0f tYle tesi~eritial
.etttlllri liilaII J6e tel0tate~ till tile tllla~wa1 eait ~f t'11t!
ttafftt dtde tri attlllt~arite wit)\. tYle .tari~at~. IlIf tYlt!
rite ~atiilaIt
ltl tilat 14plllri a~~ptl~ri IlIt ari atrieri~erit till tile patKtri; t0~e ri16w
1I1ri~et t~ri.t~etattlllri 161 t)\.e fZariritri; ari~ Z~ritrig- B~at~I tile
.lte plari iilalZ lOe tri~~ifte~ ari~ tei1l1~ttte~ f~t appt16yal
till tefZertt tile teti'e~ ~esi;ri ari~ patKtri; spate ttitetia'
llil that tile teii~eritiaI ~eriiit1 lOe ri16 ;teatet t)\.ari ~t3 14riits
pet atte (236 1I1rilt.l'
3
--. +,--..--
---., ~--'-"-"'-"-~ ''"
I ,~" '~~~"o\Ii""
r-'-'
US piLei ie Lssnante ef ant ~\1H~in~ pe~LtsJ tKe ~e.;eZ0pei
_KaII S\1~~tt ~~tatI~~J final Ian~stapin, plani fet tevi~~
an~ apptevaI ~t tKe ~itt Kettit~It~tlitJ
(1Al }.nt ~at ~eets sKaII ~~ tell'tpletelt sUeenec4 ftell't
etf"pt~ll'tiSes ~te~n~ level Y1~~ ftell't ac4~atent teiic4~nttaI
ptepetttJ
SeeU6n ." /. tKat 0t~lnant~ ~eJ 7~"S' ii K~te~t a~en~ec4 ~t
t~p~allni $~itten ~ ef 0t~inant~ 7~"S.t an~ ~nattln' a ne~ iite anc4
c4e.;elep~ent plan appteYaI as fellrIJ~s'
tKat tKe c4eYelrlJp~ent 0f tKe ptrIJpettt c4esiti~e~ In Z~tt!0n Z ~f
0tc4inante ~~J H"U is te ~e in attetc4ani~ ~itK tK~ apptr/lvec4
~0nt~pt\1aI ~astet 0~.;eleptflent PIan t~~'l ~at~~ ~eYe~et lIt
X~SSJ an~ s\1~se~\1ent spetiftt ilt~ plans appteY~cA ~t tK~ ~itt
tensistent ~itK tKe ~~,t 0tc4iriarite Me' 7~f8.t anc4 ~es0Z\1tien
Me' '~fU'
section 3. That the development of the property described in
Section 1 is to be in accordance with the followinq development
plans.
ill The Waterford D.R.I. Master Development Plan (MDP) as
approved by the City Commission on December I, 1992:
ill The site and development plan for Water ford Villaqe
Apartments as approved by the City Commission on November
24, 1987: and, as said site and development plan may be
further modified pursuant to LDR Section 2.4.5(G),
Modifications to Site and Development Plans.
ill The site and development plan for Builders Square as
approved by the City Commission on December 1, 1992: and,
as said site and development plan may be further modified
pursuant to the LDR Section 2.4. 5(G). Modifications to
Site and Development Plans.
ueU6n f,;' tKts etc4,h1arite ancA tKe apptr/lYal ,taritec4
Kete1Ari~et is s~~ett te tKe fr/lllewirii ac4c4itI0naI t~ri~itieri'
,tf.rIJt te iennentf.n~ ant c4eYelrlJpll'tent 0n tKe ptepettt IefaIIt
c4eietf.~ec4 \1ri~et $ettien 1. et Uis etc4inanteJ tK~ ptep~ttt
e~riet sKdI S\1~~Lt a 0~Y~Iep~ent r1Jf ite,iend 1.ll'tpatt
appIltatlen f.ri tefatc4 to tK~ pt0~ettJ It a 0~velep~~nt ~f
itefiend 1.ll'tpatt appIltatien f.i s~~liIittec4J tK. ptepettt 0~ri~t
~at net s\1~~it arit ac4c4itl0riaI appIltatlrIJn. et te~\testi fet
0eUat SeatK c4eYeIepll't~rit pet~Lt. 0ri tKe s\t~~ett ptepettt
\1nIei. ancA \tntH tKe titt 'le\1ritf.I et 0eItat BeatK entets a
~eYele~erit et~et p~ttatriinf te tKe 0itl appliiatieril ptevf.~ec4t
Ke~eYetJ tKat tKe titt ll'tat isi1Ae a pet~it tet tleaUrite ilt
~ea\ttitf.tatieri it tKe ptilpettt il~riet enteti intr/l ari }.~t~ell'terit
\41tK' til.e 0epatt~~nt ilt cZenn~nf.tt UfaLt. iri attiltc4ant~ wltK
1t (..J 'l J UfUJ1.8' tK~ <litt ~e\tritlI expte..lt te.~tY~. all
d,Kt. \4KitK tKe U,tt wil1AIc4 Kave in tKe a~i~nte ~f tKiS
iltcAinante til teYf.ew an~ att 1Apiln tK~ 0itl applf.tatf.eriJ
}.II \4et~. ari~ pKUie. 1Asec4 f.n tKts $~ttlen . ate )iet~~t
Q!eUnec4 te KaYe tK~ sUie ll'teaninf tKat s\ttK tet~. )ia.;~ 1AnQ!et
~Kapt~t 380 0t tK~ rliltlQ!a $tat1Atei/.
Section 4. That the development of the property described
in Section 1 shall also be in accordance with the followinq
conditions.
( a) SAD and MOP Modification:
1. The site data shown on the MOP shall be up-dated and corrected
to reflect the resulting amount of floor area and acreage and
parking accommodated in the modification.
4
'"
-~....
r-- .
2. The density on the residential portion shall be no greater than
9.5 units per acre (236 units).
3. There shall be no business identification signage for Builders
Square on/in Delray Square, including any frontage along the
Linton Boulevard.
(bl Traffic and Infrastructure:
4. The developer shall construct S. W. 10th Avenue to four lanes
between Linton and Lindell Boulevards with the construction
contract let prior to, or concurrent with issuance of building
permits with said improvements to be completed prior to
issuance of occupancy permits for the retail use.
5. That the number to be used for establishing the vested traffic
count for external trips shall be 10,042 trips. Thus, the
remaining 391,956 sq. ft. of allowable Office Park usage shall
be diminished accordingly and so reflected on the MOP.
6. The developer shall modify the intersection of Water ford Place
and Linton Boulevard to accommodate dual left turns
(northbound). Such modifications shall include, but not be
limited to, stripping and changing of the traffic signal.
7. The developer, prior to the issuance of building permits for
the retail use, shall apply to Palm Beach County for permits
for the necessary modifications to the intersection of
Waterford Place and Linton Boulevard; and the improvements must
be completed- prior to issuance of a Certificate of Occupancy
for the retail use.
8. The plat (for the retail portion) shall accommodate drainage
easements from the Office Park, over the new access tract, to
the existing lake.
9. The plat (for the retail portion) shall accommodate easements
for drainage from the site through the balance of the SAD to
the appropriate canal outfall.
10. The developer recognizes that roadway improvements associated
with the traffic generated from this project are subject to
review with each new site plan consideration. Accordingly, the
developer agrees to construct such additional on-site and
off-site traffic improvements as may be required by City
Commission, pursuant to the City's Land Development
Regulations, at the time of site and development plan approval.
11. The developer shall provide fire flow calculations to determine
the adequacy of the proposed water distribution system for the
general retail development (Builders Square). These
calculations must be provided prior to, or concurrent with the
submission of building plans or final engineering plans. The
rate of flow and pressure must be deemed acceptable by the Fire
Marshall.
(c) site and Development Plan (General Retail -
Builders Square):
12. The site plan data shall be up-dated to be consistent with the
MOP.
13. The design of the East Accessway from the General Retail Use
area to Lindell Boulevard shall meet standards for streets as
contained with the city's LORs.
14. The developer shall provide pedestrian ways to the intersection
of S. W. 10th Avenue and Lindell Boulevard, and to Delray
Crossing from the retail use.
5
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-...---..-...---."--.--"
. "'.;;~.....
,.-=---:
15. The developer shall design the connection of the East Accessway
with S.W. 10th Avenue/Lindell Boulevard with a landscape focal
point as if it were the entry to Office Park. The design shall
include landscaping and curbing in such a manner as to prohibit
the practice of truck parking in the Waterford DRI.
16. The developer shall continue the landscape concept which is
found along Circuit City for the length of the Waterford
frontage along I-95.
17. The architectural elevations of the retail use shall be
modified to include the use of vertical landscaping to break-up
the building mass with specific attention to the rear of the
building.
18. The roof plans for the retail use shall be modified to hide
roof equipment and otherwise eliminate a flat roof view from
I-95.
19. The Planning Department shall insure that condition to DRI-DO
Condition #7, which pertains to an Upland Habitat Buffer Zone
is addressed during SFWMD review of the drainage permit
modifications.
20. Modifications to the existing SFWMD permit shall be received
and reviewed to insure compatibility with the approved site
plan prior to issuance of building permits. If inconsistencies
arise, modifications shall be approved through the site plan
modification process with action by SPRAB when Board action is
required.
21. Conflicts among the site and development plans (site plan,
landscape plans, engineering plans) and changes thereto which
may be necessary to accommodate the proposed gravity sewer
system shall be resolved in favor the landscape plans and site
plan.
22. That the revised site plan submittal (11/16) is referred to the
Site Plan Review and Appearance Board for final approval.
During such review and action, modifications to the above
conditions of approval which pertain to site plan, landscape
plan, and architectural elevations may be accommodated. And,
further, that SPRAB shall give further review in line with its
previous advisory comments as made on November 11, 1992.
(d) Site and Development Plan (Office Park):
23. The developer shall extend the pedestrian path in the
residential area from that area into, and through, the office
park in accordance with the standards of the City Engineer.
25. Any bay doors shall be completely screened from off-premises
ground level view from adjacent residential property.
Section 5. T~at t~e UQ\e 1b'litaUtJri tit t~t. appttJU1
p~t.~arit ttl Se~tttJri J0f2I1Zl ari~ J0f221!1 tit tKe ZtlrilriW ttJ~e s~a1I
~e tKtee 01 teati tttlTil t)1e itfettUe ~;.te tit t)1e 0ltt 0ev~ZtlpTil~1It
0t~et1 That for the purposes of a determination, pursuant to LOR
Section 2.4.4(0), Establishment of a Project, it is hereby
determined thcit the entirety of the Waterford SAD is "established".
Settloft 61 T~at t~e '1;.1I1Itnw 0tte~ttlt ~t
.;.t~ tttt .~aZZt ~PtJrI t~e ette~tlve ~ate ~t t~l.
~t~trlarl~e ~)1arlwe t~e Z~rlirlW ~ap tit 0e1ta'/ SeA~~t
'1tlti~ai ttJ ttlrlttJtTil wtt~ t)1e pttJvtit0r1i ~f SettttJrI II
Yu~tetJt ,
6
,."f,..~
,.-
.
Section 6 : That Section 4.4.25(I), S.A.D.s: , Subsection
(3 ) is modified to read as follows:
(3) , DelintjWaterford DRI, Ordinance 64-92, also governed
by DRI Resolution NO. 49-85, as modified; established.
Settj,6ri 1 j 'tKat ant ~uiI~in~ pet~it. l..ue~ ~t the e1t.t
shall ~e .u~~ett t.~ su~.tantiaI t~n.ttutti~nt t~n.istln' ~t t~~tin~s
aft~ sIa~. as a ~ifti~~t ~einf att~~pltsKe~ ~t the ~eYel0pet witKIn
120 ~at. rtJf ~uiI~ln~ pet~tt lssuantel rtJtKetwtse sai~ ~uiI~lnf
pet~its t~ ~e nuII an~ Y~I~ ;in tKe a~sente ~f tKe at~te.a!1A
t~nsttuttI~n pt~~tes.t
Section 1. 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 8. Repealer clause
Section 9. 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 8th day of December ,
1992.
THOMAS LYNCH
MAYOR
A'l"rEST:
Alison Harty
City Clerk
First Reading December 1, 1992
Second Reading December 8, 1992
7
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,-'". 1
FROM: CITY MANAGER i'/v I
SUBJECT: AGENDA ITEM tt 10 Il, J - MEETING OF DECEMBER 8. 1992
.
RESOLUTION NO. 132-92
DATE: December 2, 1992
This is a resolution amending Resolution No. 49-85 which constitutes a
Development Order by the City of Delray Beach by amending "Whereas"
clauses and Section 1, "Application for Development Approval" , and
Section 3; making a determination of not being a substantial
deviation for the Builder's Square project at WaterfordjDelint.
The Planning and Zoning Board at their November 16th meeting
recommended denial of the development application in its entirety
(both the SAD Amendment and the Development of Regional Impact -
Development Order modification) . However, the Board did recommend
conditions of approval in the event that the application was approved
by the City Commission. Those conditions have been included in the
resolution.
Recommend consideration of Resolution No. 132-92.
f1&m ~ td /~j6 /9.;;L
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-r,.._,,,,,,-.,
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RESOLUTION NO. 132-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85,
WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF
DELRAY BEACH, BY AMENDING "WHEREAS. CLAUSES AND SECTION
1, "APPLICATION FOR DEVELOPMENT APPROVAL", AND SECTION
3; MAKING A DETERMINATION OF NOT BEING A SUBSTANTIAL
DEVIATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the meeting of May 28, 1985, the City Commission
adopted Resolution No. 49-85, making findings of fact and determining
conclusions of law pertaining to the Delint Center (now known as
Waterford Place) , a Development of Regional Impact (DRI) , and
constituting said Resolution No. 49-85 as a Development Order (DO) by
the City of Delray Beach in compliance with law; and.
WHEREAS, Resolution No. 49-85 has been subsequently modified by
Ordinance No. 96-87, adopted December 22, 1987, and by Resolution No.
80-89, adopted October 24, 1989; and,
;1
'I WHEREAS, the developer submitted request to the City of
'I a
Delray Beach that a change be made to the DRI-DO to the effect of adding
a new use of "General Retail" along with a corresponding decrease in
! intensity ( floor area) of approved .Office Center. use so as not to
increase external traffic impacts; and,
WHEREAS, the City of Delray Beach considered the requested
.::hange to the DRI-DO concurrently with an amendment to Ordinance No.
79-84, which establishes the zoning for the affected property; and,
WHEREAS, during said concurrent processing, the City Commission
previously made a determination that the proposed changes to the DRI-DO
were not substantial; and,
WHEREAS, at the meeting of December 8, 1992, the City
Commission approved Ordinance No. 64-92 , thus amending the zoning
regulations applicable to development of the Waterford Place D.R.I.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That the second "WHEREAS. clause of Resolution No.
49-85 is hereby modified to read as follows:
WHEREAS, said Applicant proposes to construct
i 8H,il63 square feet of office space, a i!59
J!eelll fte~el 136.000 sauare feet of aeneral retail USB,
and 236 multi-family residential dwelling units on 86.5
acres, constituting a Development of Regional Impact on
the real property fully described in Exhibit "A"
attached hereto and located in the City of Delray Beach,
Florida; and,
! Section 2 Tha t the first portion of the CONCLUSIONS OF LAW
dealing with the Acclication for Development Accroval is hereby modified
as follows:
1. The Delint Center Application for Development
Approval is incorporated herein by reference and
relied upon by the Parties in discharging their
statutory duties under Chapter 380, Florida
Statutes. Substantial compliance with the
representations contained in the Application for
Development Approval is a condition for approval
unless waived or modified by agreement among the
Parties, as defined in Subsection 380.07(2),
.
-
Florida Statutes. For purposes of this condition,
the Application for Development Approval (ADA)
shall include the following items: ADA, submitted
December 11, 1984, and supplemental information
submitted February 4, 1985, October 8 1981. and
the Conceptual Master Develooment Plan as aoproved
bv the City Commission on December 8. 1992. To
the extent that plans submitted along wi th the
application for and approval of Special Activities
District (SAD) rezoning differ from those
submitted for Development of Regional Impact
approval, the latter plans will control.
Section 3. That DRI-DO Condition 21 be modified by the
creation of subsections (A) and (B) as follows:
21iAl. The conditions of approval for the rezoning of
the land to SAD (Special Activities District), as
contained in Ordinance No. 79-84, as amended by
Ordinance No. 64-92. are hereby incorporated into this
Development Order by reference. exceot for the site and
develooment plans referenced in Section 3 of Ordinance
No. 64-92.
21(B). The Conceotual Master Develooment Plan aoproved
by the City Commission on December 8. 1992. is adooted
and incorporated herein as substitute for the
Develooment Plans submitted with the ADA. Nothinq
herein shall be construed to relieve the develooer from
obtaininq City of Delray Beach approval for future
~rooosed chanqes to the site and development plans
incoroorated by Section 3 of Ordinance No. 64-92.
Section 4. That the previous decision of the City Commission
that the proposed modifications to the Waterford Place DRI do not
constitute a substantial deviation is hereby confirmed.
Section 5. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 8th day of
December, 1992.
" MAY 0 R
':
! ATTEST:
City Clerk
- 2 - Res. No. 132 - 92
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
~ ~
FROM: D J. KOVACS~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 8, 1992
RESOLUTION ADOPTING A REVISED DEVELOPMENT ORDER FOR
THE WATERFORD D.R.I.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution which revises the formal
Development Order for the Waterford D.R.I.
This process (and action) is separate from consideration of
the Waterford SAD Modification.
BACKGROUND:
For project background, analysis, and assessments please refer
to the documentation provided for the Waterford SAD
Modification.
The action on the DRI-DO Modification is separate and distinct
from the SAD action. However, the SAD action (new uses,
allocation of uses, intensity of use, MOP modification, and
conditions of approval) is incorporated, by reference, into the
DRI-DO.
The application for a DRI-DO Modification is prescribed by
Statute and Rule. It is made by the applicant and the local
government either approves or disapproves it. If a specific
condition of the DRI-DO is not proposed for modification by the
applicant, the City cannot direct that it be changed.
The applicant made a proper application in December, 1991. That
application was modified in May, 1992. Since that time, the
project has undergone further changes. In a letter of November
23, 1992, the Director requested of the applicant that he
provide a new (revised) application by November 30th so that it
can be considered along with this agenda item. The applicant's
agent responded by a letter dated November 30, 1992, that a
formal revised Notification of a Proposed Change is not required
at this time. Since the applicant is responsible for the proper
form and submission materials, we are proceeding with the
City Commission Documentation
Resolution Adopting a Revised Development Order for the
Wateford D.R.I.
Page 2
modifications to the DRI-DO. The amount of remaining office
space is left "blank" as we are awaiting additional information
from the applicant regarding the final determination of external
trips, and that number's resulting impact on the office park
development potential.
Also related to the DRI-DO Modification is the matter of the
determination of whether or not the modification is deemed
to be a substantial deviation; or not to be a substantial
deviation. This matter has already been addressed by the City
Commission; however, that previous position is to be re-stated
in the formal DRI-DO Modification. Thus, it is included in the
enacting Resolution.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 16th. The Board recommended denial of the
development application in its entirety (both the SAD Amendment
and the DRI-DO Modification). However, the Board did recommend
conditions of approval in the event that the application was
approved by the City Commission. Those conditions, as
appropriate, have been included in the proposed enacting
Resolution.
RECOMMENDED ACTION:
Assuming approval of the SAD Amendment, by motion, approve the
DRI-DO Modification enacting Resolution.
Attachment:
* Resolution
* Ciklin (Kino) letter of November 30, 1992
T:CCDRIDO
RESOLUTION NO. _-92
A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION UO.49-85,
WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF
DELRAY BEACH, BY AMENDING WHEREAS CLAUSES Am) SECTION
1, APPLICATION FOR DEVELOPMENT APPROVAL AND SECTION 3;
MAKING A DETERMINATION OF NOT BEING A SUBSTANTIAL
DEVIATION; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the meeting of May 28, 1985, the City Commission
adopted Resolution No. 49-eS, making findings of fact and determining
conclusions of law pertaining to the Delint Center (now known as
Waterford Place) , a Development of Regional Impact (DRI), and
constituting this Resolution as a Development Order (DO) by the City of
Delray Beach in compliance with law; and,
WHEREAS, Resolution No. 49-85 has been subsequently modified
by ordinance No. 96-87, adopted December 22, 1987, ~nd by Resolution
No. 80-29, adopted October 24, 1989; and,
WHEREAS, the developer submitted a request to the Ci ty of
Delray Beach that a change be made to the the DRI-DO to the effect of
adding a new use of "General Retail" along with a corresponding
decrease in intensity (floor area) of approved "Office Center" use so
as not to increase external traffic impacts; and,
WHEREAS, the city of Delray Beach considered the requested
change to the DRI-DO concurrently with an amendment to Ordinance NO.
79-84, which establishes the zoning for the affected property; and,
WHEREAS, during said concurrent processing, the City
Commission previously made a determination that the prcposed changes to
the DRr-DO were not substantial; and,
WHEREAS. at the meeting of December 1, 1992, the City
Commission approved Ordinance 64-92, thus amending the zoning
regulations applicable to development of the "'aterford Place
D.R.I.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the second WHEREAS clause of P.esolution No.
49-8S is hereby modified to read as follows:
WHEREAS, said Applicant proposes to construct 111.1711
___,___ square feet of office space, . z,e tP~~ W~~~l 136.000
sauare feet of aeneral retail use. and 236 multi-family
residential dwelling units on 86.5 acres, constituting a
Development of Regional Impact on the real prop~rty fully
described in Exhibit "A" attached hereto and located in the
City of Delray Beach, Florida; and, .. .
Section 2. Tha~ the first portion of the CONCLUSIONS OF LAW
dealing with the Aoolication for Develooment Aooroval is hereby
modified as follows:
1. The Delint Center Application for Development Approval is
incorporated herein by reference and rel1.ed upon by the
Parties in discharging their statutory dutles under Chapter
380, Florida Statutes. Substantial compliance with the
representations contained in the Application for
Development Approval is a condition for approval unless
waived or modified by agreement among the Parties, as defined
in Subsection 380.07(2), Florida Statutes. For purposes of
this condition, the Application for Deveolopment Approval
(ADA) shall include the following items: ADA, submitted
December 17, 1984, and supplemental information submitted
February 4, 1985, October 8. 1987. and the Conceotual Master
Develooment Plan as aoproved bv the Citv Commission on
December 1. 1992. To the extent that plans
submitted along with the application for and approval of
Special Activities District (SAD) rezoning differ from those
submitted for Development of Regional Impact approval, the
latter plans will control.
section 3. That DRI-DO Condition 21 be modified by the
creation of subsections (A) and (8) as follows:
21lAl. The conditions of approval for the rezoning of the land to
SAD (Special Activities District) , as contalned 1n Ordinance No.
79-84, as amended by Ordinance 64-92, are hereby incorporated into
this Development Order by reference, except for the site and
development plans referenced in Section 3 of Ordinance No. 64-92.
~l ~~ I com:~: s i~~ncOe:t~:~e~~~ ti ~~~~~o~~en:dO~~:~ :~~r~~~~r::ra~~~
herein as substitute for the Development Plans s4bmitted with the
ADA. Nothlna herein shall be construed to rel1~ve the developer
from obtainina City of Delrav Beach approval for future proposed
chanaes to the site and development plans incorPQrated by section
3 of ordinance No. 64-92.
section 4. That the previous decision of the City Commission
that the proposed modifications to the waterford Place DRI does not
constitute a substantial deviation is hereby confirmed.
Section 5. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the fils t day
of December , 1992 .
MAY 0 R
ATTEST:
City Clerk
,
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- 2 - RES. NO. -92
I.AW OF"F"ICES
BOOSE CASEY CIKL.IN LUBITZ MARTENS McBANE Sr O'CONNEL.L.
A PARTNERSHIP INCI.UOING pROF'ESSIONAL ASSOCIATIONS
..JOSEPH L, ACKERMAN. ..JR. GREGORY S. KINO PHILLIP O. O'CONNELL. SR, (lsa07' .sae7)
BRUCE G, ALEXANOER. p,A. CHARLES A. LUBITZ. p,A, _
..JERALO S, BEE"'. Po A, EOWIN C. LUNS,.ORO OF' COUNSItL
WILLIAM R, BOOSE. m. PA, RICHARD L. MARTENS. p,A, ..JOHN L, REMSEN
..JOHN 0, BOYKIN. PoA, LOUIS R, McBANIt. PoA.
pATRICK..J, CASEY. p,A, TIMOTHY 1", McCARTHY. p,A, -
ALAN ,J, CIKLIN. Po A. CLAUOIA M. MCKENNA NORTH.RIDGE TOWER I . lsa.... F'LOOR
MICHAEL W, CONNORS MORRIS G, (SKIP) MILLER 515 NORTH ,.LAGLER DRIVE
ROBERT L, CRANE. p,A, BRIAN M, O'CONNELL. Po A, WEST PALM BEACH. FLORIOA 3~01
RONALD E, CRESCENZO PHIL D, O'CONNELL. ,JR.. p,A, TELEPHONE (407) 832-5900
L.EE 8, GOROON. ,J, KORY PARKHURST TEL.ECOPIIt'" (407) 833-4209
MIKEL. D, GREENE CHRISTOpHE"',J, TWOHEY _
L.YNOA,J, HARRIS. PA, ,JOHN R, YOUNG. PoA. MAILING AOORESS
DEBRA A, ..JENKS L.ONNIE B, ZANGRtLL.O
BRIAN 8, ,JOSL.YN, PoA, ESTHER A, ZAPATA 1",0, DRAWE'" 02.828
WEST pAL.M 8EACH. F'L. 33.02-.828
November 30, 1992
... .......-... -..-
VrUAX 407/243-3774 ~~~~rr~11T?=\.
' . ~..~ill.{ /,' 1 1Th
Mr. David J. Kovacs~ Directo: ~;.' - L' '<,/j
D7partment of Plannl.ng & Zonl.ng r'='r. 1 1992 "
Cl.ty of Delray Beach ,J','" _
100 N.W. 1st Avenue
Delray Beach, Florida 33444 j.)L",,',!\, ,G.:" LC.'4ij..::';
Re: Response to November 23, 1992 Letter - MWorking on the-Waterford
DRI-DO ModificationM
Dear David:
You are correct in your observation that a couple of changes
included within our Notification of a Proposed Change are not
contained in any amendments to the original adopting action
(Resolution No. 49-85). As referenced in your letter, the language
of Condition 21(a), the MexceptionM in Condition 21 and the reference
in Condition 1 to material dated October 8, 1987, and a CMD submitted
in August 1988 were never formally adopted by the city. These were
part of a prior Notification of Proposed Change for this proj ect,
and were suggested conditions to clarify subsequent amendments to
the DRI-DO. I called this to the attention of John Walker immediately,
and explained to him that we would leave it to your discretion to include
any of this clarifying language. In light of the fact that there
have been several amendments to the submittal materials and a
further change to the office square footage, perhaps it is best that
the original conditions remain unchanged.
With regard to your request that we submit a revised application for
the DRI-DO modification, there is no requirement that we submit a
formal revised Notification of a Proposed Change at this time.
However, attached to this letter is the tabular data from both the
Builders Square site plan and the Conceptual Master Development Plan
which were resubmitted by North-South Construction Corporation on
Wednesday, November 25, 1992. The tables reflect the initial
proposed 107,400 square feet of total building area, the 17,694
Mr. David J. Kovacs, Director
November 30, 1992
Page 2
square feet of garden center, and 10,907 square feet of lumber
staging area recently required to be included by the city. In
addition, a revised traffic analysis was submitted to the city as
part of our response to the Staff Report for this project.
Please do not hesitate to call me if you have any questions with
regard to these two matters.
Sincerely,
/\- ~\~"- h
Gregory S. Kino
GSK/ag
Encls.
026-3156
cc: Tom McMurrian (364-9562)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /(),IJ,~ - MEETING OF DECEMBER 8, 1992
RESOLUTION NO. 135-92
DATE: December 4, 1992
This is a resolution requesting that the Palm Beach County
Board of County Commissioners authorize the use of certain
Road/Traffic Impact Fees in conjunction with the Development
of the Waterford DRI.
Recommend approval of Resolution No. 135-92.
- '\
~;v1
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (\0 T. HARDEN, CITY MANAGER
FROM: ~~~~~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 8, 1992
REQUEST TO PALM BEACH COUNTY RE CREDIT OF ROAD IMPACT
FEES FOR THE WATERFORD D.R.l.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution which requests that the County
provide a credit for road/traffic impact fees, which are to
be 'collected for the Retail Use portion (Builders Square)
of the Waterford D.R.I.
BACKGROUND:
It is anticipated that the applicant for the Waterford D.R. I.
will come forward with a proposal to mitigate traffic
congestion, which will be intensified by changes to the
Waterford SAD/DRI.
It is anticipated that the proposal will include a component,
wherein Road/Traffic Impact Fees due under the County Traffic
Performance Standards Ordinance are to be used directly
inconjuction with the Builder's Square development. It has been
suggested that the amount of Impact Fee funds which would be
available range from $275,000 to $300,000. The manner in which
they will be used will be contained in the applicant's proposal
(not yet received).
In order for the Impact Fee to be used in such a manner, the
following must occur:
1. The municipality must request, by Resolution, the use of
the fees for direct mitigation.
2. The mitigation must be on the County roadway system or must
mitigate congestion which would otherwise be experienced on
the County roadway system.
3. The request is acted upon by the Board of County
Commissioners after review and recommendation has been made
by the County Administration.
City Commission Documentation
Request for Palm Beach County Re Credit of Road Impact Fees for
the Water ford D.R.l.
Page 2
Thus, assurance of the use of Impact Fees will not be m~
until Board of County Commissioner action occurs. Pending any
very special consideration, it is unlikely that this item would
be heard (by the County) until mid or late January. Thus,
appropriate conditioning of the associated SAD modification
ordinance is appropriate.
Please refer to the Resolution itself (WHEREAS clauses) for the
rationale upon which the request is being made.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
item. However, at a work session on November 30th, there was a
consensus that a 10th Avenue extension program seemed
appropriate, and that County participation in funding a portion
of it would also be appropriate.
RECOMMENDED ACTION:
Adoption of the attached Resolution and direct the City Clerk to
transmit it to the Board of County Commissioners.
Attachment:
* Resolution
T:\CCDRIFEl!:
.---.---
..-.. ._~-------_.-
RESOLUTION NO. 135-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQ~ESTING THAT THE PALM
BEACH COUNTY BOARD OF COUNTY COMMISSIONERS
AUTHORIZE THE USE OF CERTAIN ROAD/TRAFFIC IMPACT
FEES IN CONJUNCTION WITH DEVELOPMENT OF THE
WATERFORD DEVELOPMENT OF REGIONAL IMPACT (DRI) .
WHEREAS, the Waterford Development of Regional Impact (DRI)
is a previously approved development project which has vested
traffic which impacts the County Thoroughfare System; and,
WHEREAS, there is a proposed modification to the Waterford
DRI and said modification will exacerbate traffic congestion in
the vicinity of Linton Boulevard, Wallace Drive, and 1-95; and,
WHEREAS, the Waterford DRI has proposed a traffic congestion
mitigation program which involves the extension of a local
(municipal) collector street; and,
WHEREAS, the intersection of Wallace Drive (formerly
Germantown Road) and Linton Boulevard is of concern to the County
and at one time was a part of the County Thoroughfare System; and,
WHEREAS, the County had previously allocated funds for the
design of Wallace Drive (formerly Germantown Road) so that it
could serve as an effective local (municipal) collector between
Linton Boulevard and S.W. 10th Street; and,
WHEREAS, the traffic congestion mitigation program will
result in the functional replacement of Wallace Drive (formerly
Germantown Road) with S.W. 10th Avenue extended from Linton
Boulevard to S.W. 10th Street; and,
WHEREAS, the City, through its Decade of Excellence Bond
Program, is prepared to contribute to the creation of the new
intersection of S.W. 10th Avenue and S.W. 10th Street, and
eliminate the existing, poorly designed intersection of Wallace
Drive and S.W. 10th Street; and,
WHEREAS, other private landowners along the routing of a new
S.W. 10th Avenue extension will provide the dedication of
right-of-way and an appropriate amount of construction; and,
WHEREAS, as a part of the traffic mitigation program, the
Waterford DRI will complete to its final configuration, the south
approach to the Linton Boulevard intersection with S.W. 10th
Avenue; and,
WHEREAS, the developers of the Waterford DRI have an
obligation to pay traffic/road impact fees to Palm Beach County;
and,
WHEREAS, it is desired that these funds be used immediately,
by the developer, to offset the costs of the traffic congestion
mitigation program; and,
WHEREAS, it is permissible, pursuant to the terms of the
County Traffic Performance Standards rules and regulations, that
in certain circumstances County traffic/road impact fees can be
used in conjunction with a development project and can be used on
other than roads identified as a part of the County Thoroughfare
System.
---- ----.-..---- -_._----~-------_.. - -----.--.------ --~~---~~_._-_._- ~- . ---- n_____
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That in light of previous commitments and
current concerns of Palm Beach County regarding traffic and the
relationship of Wallace Drive (formerly Germantown Road) , Linton
Boulevard, and S.W. 10th Street; the cooperative working
relationship which exists between the City of Delray Beach and
Palm Beach County; the participation of several owners of private
property to cooperate in devising a solution to a traffic problem;
and the willingness of the developer of Waterford DRI to
participate in implementing a solution, the City of Delray Beach
hereby requests that the Palm Beach County Board of County
Commissioners allow the use of traffic/road impact fees which are
to be assessed to the Builders Square development for construction
of an extension of S.W. 10th Avenue between Linton Boulevard and
S.W. 10th Street and related improvements.
Section 2. Also, as the described program will mitigate
congestion created by other recently approved developments, the
City of Delray Beach requests that traffic impact fees which have
been collected over the past twelve months, and which will be
collected within the next four months, from development projects
which have property fronting along Linton Boulevard, east of 1-95,
be allocated to the S.W. 10th Avenue extension program.
Section 3. That the City Clerk is hereby directed to convey
this Resolution to the Palm Beach County Board of County
Commissioners.
PASSED AND ADOPTEO in rOgUla~ o. ,hi' tho Sth day of
Doco.bor, 1992. E~
MAY 0 R
ATTEST:
fJJ;.,~Jladf
- 2 - Res. No. 135-92
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I'
FROM: CITY MANAGERl~7-./!
SUBJECT: AGENDA ITEM # I oA-3 - MEETING OF DECEMBER 8, 1992
RESOLUTION NO. 136-92
DATE: December 2, 1992
This is a resolution vacating and abandoning certain rights-of-way and
public easements within the plat of Linton Center. The rights-of way
being abandoned are Redwing Circle, Gull Road and Parcel S-1.
Orginally, these rights-of-way were planned as a connection to Lindell
Boulevard. However, the portion of Lindell Boulevard that fronts
along Gull Road was abandoned in January 1990. With the current
development of Builder's Square, access will be taken through the
existing Waterford Place right-of-way and a new connection that will
be constructed to S.W. 10th Avenue.
The five easements proposed for abandonment are all located within the
boundaries of the Builder's Square plat. Currently, there are no
facilities within any of these easements. Of the utility providers,
only Florida Power and Light has requested a replacement easement.
New easements will be dedicated with the final plat for Builder's
Square.
Recommend approval of Resolution No. 136-92, subject to the condition
that replacement easements are provided during replat of the site.
f)~ -& /~//6/9d-
-"
&
RESOLUTION NO. 136-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN
RIGHTS-OF-WAY AND PUBLIC EASEMENTS WITHIN THE PLAT OF
LINTON CENTER, AS RECORDED IN PLAT BOOK 39, PAGES 8 AND
9, AND TROPIC PALMS PLAT NO. 3, AS RECORDED IN PLAT BOOK
25, PAGES 137 THROUGH 139, ALL OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Delint, Inc. , a Maine corporation, has made
application for abandonment of certain rights-of-way and public
easements within the Plats of Linton Center and Tropic Palms Plat No. 3,
in conjunction with development of the Delint/Waterford D. R. 1.
commercial node; and,
WHEREAS, the City Commission of the City of Delray Beach,
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 rights-of-way and
easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That pursuant to Chapter 177.102(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
dll right and interest it holds to the following real property:
Ri~hts-Of-Wav Abandonment:
Parcels of land in Section 29, Township 46 South, Range
43 East, being portions of Gull Road and Redwing Circle
as shown on Linton Center, according to the Plat
thereof, as recorded in Plat Book 39, Pages 8 and 9, of
the Public Records of Palm Beach County, Florida; and
Parcel S-1 as shown on said Plat of Linton Center.
Said lands situate, lying and being in the City of
Delray Beach, Palm Beach County, Florida; and contain
0.9 acres (39,205 square feet), more or less.
Easement Abandonment:
A parcel of land 12.00 feet in width in Section 29,
Township 46 South, Range 43 East, lying 6.00 feet each
side of the following described centerline:
BEGINNING (P.O.B. "A" ) at the Southwest corner of
Lot 1251, Tropic Palms Plat No. 3, according to the Plat
thereof, as recorded in Plat Book 25, Pages 137 through
139 of the Public Records of Palm Beach County, Florida;
thence, North 68 degrees 53' It" East, along the common
rear lot lines of Lots 1251, 1252 and 1260 of said Plat
it of Tropic Palms Plat No. 3, a distance of 142.75 feet;
thence, South 43 degrees 09' 39" East, along the common
rear lot lines of Lots 1253 and 1260 of said Plat of
Tropic Palms Plat No. 3, a distance of 55.87 feet to
POINT OF ENDING (P.O.E. "A");
Together with a 6.00 ft. parcel of land lying 3.00 feet
II each side of the following described centerline:
., COMMENCING at the aforesaid P.O.E. "AM i thence
:1 North 43 degrees 09' 39" West, along the common rear lot
lines of said Lots 1253 and 1260, a distance of 55.87
.,
I!
. !
i
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.X'b.,
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feet to POINT OF BEGINNING (P.O.B. "B") ; thence, North
07 degrees 07' 15" East, along the common side lot lines
of said Lots 1252 and 1253, a distance of 18.00 feet to
POINT OF ENDING (P.O.E. liB") i
Together with a 10.00 ft. parcel of land lying 5.00 feet
each side of the following described centerline:
,I COMMENCING (P.O.C. "C") at the Northeast corner of
Parcel 3, Linton Center, according to the Plat thereof,
il as recorded in Plat Book 39, Pages 8 and 9 of the Public
'I Records of Palm Beach County, Florida; thence, South 46
iI degrees 49' 15" West, along the common side line between
" said Parcel 3 and said Lot 1253, a distance of 5.00 feet
I'
I: to POINT OF BEGINNING (P.O.B. "C" ) ; thence, South 43
,
:1 degrees 14 ' 25" East, a distance of 289.98 feet to the
:, point of curvature of a curve concave to the West having
Ii
il a radius of 20.00 feet and a central angle of 90 degrees
03' 40"; thence, Southerly and Westerly along the arc of
said curve, a distance of 31. 44 feet; thence, South 46
il degrees 49' 15" West, a distance of 179.69 feet to the
point of curvature of a curve concave to the North,
having a radius of 20.00 feet and a central angle of 90
II degrees 00' 00-; thence, Southwesterly and Northwesterly
along the arc of said curve, a distance of 31.42 feet;
11 thence, North 43 degrees 10' 45" West, a distance of
211.15 feet to a point of curvature of a curve concave
" to the Southwest, having a radius of 90.00 feet and a
Ii central angle of 21 degrees 31' 01"; thence,
:i Northwesterly along the arc of said curve a distance of
33.80 feet to POINT OF ENDING (P.O.E. "C") .
The aforesaid described line being parallel with and
5.00 feet from the property lines of said Parcel 3;
Together with the following described centerline:
COMMENCING (P.O.C. "0" ) at the Southwest corner of
said Lot 1260; thence, North 21 degrees 06' 49" West,
along the common side line of said Lot 1260 and Parcel
4, Linton Center, according to the Plat thereof as
recorded in Plat Book 39, Pages 8 and 9 of the Public
Records of Palm Beach County, Florida, a distance of
5.00 feet to POINT OF BEGINNING (P.O.B. "0") ; said point
being a point on a curve concave to the Northeast whose
radius bears South 21 degrees 06' 49" East, having a
radius of 55.00 feet and a central angle of 191 degrees
:1 58' 08 -; thence, Southerly and Easterly along the arc of
said curve, a distance of 184.28 feet to a point of
reverse curvature with a curve concave to the South,
:1 having a radius of 20.00 feet and a central angle of 79
:1 degrees 54' 12"; thence, Northeasterly and
Southeasterly, along the arc of said curve, a distance
II of 27.89 feet; thence, South 43 degrees 10 · 45" East, a
distance of 169.75 feet to the point of curvature of a
Ii curve concave to the North having a radius of 90.00 feet
I and a central angle of 90 degrees 00' 00" ; thence,
Southeasterly and Northeasterly, along the arc of said
I curve, a distance of 141.37 feet; thence, North 46
I degrees 49' 15" East, a distance of 179.82 feet to the
1 point of curvature of a curve concave to the South
il having a radius of 20.00 feet and a central angle of 89
I degrees 56' 20-; thence, Northeasterly and Southeasterly
along the arc of said curve, a distance of 31.39 'feet;
i thence, South 43 degrees 14' 25- East, a distance of
116.74 feet to POINT OF ENDING (P.O.E. "0" ) ;
I
II
. ,I
!/ - 2 - Res. No. 136-92
II
-
.Xb.
""
The aforesaid described line being parallel with and
5.00 feet from the property lines of said Parcel 4.
The sidelines of the aforesaid parcels are to be
extended or shortened to meet at angle points or
property lines.
Together with a parcel of land 3.00 feet in width being
the Southeasterly 18.00 feet of said Lot 1260 as
measured along the common side line of said Lot 1260 and
said Parcel 3.
Said lands situate, lying and being in the City of
Delray Beach, Palm Beach County, Florida and containing
0.43 acres (18,755 square feet), more or less.
Section 2. That this resolution shall not become effective and
shall not be recorded until the plat for Builders Square has been
recorded.
PASSED AND ADOPTED in regular session on this the 8th day of
December, 1992.
MAY 0 R
ATTEST:
City Clerk
- 3 - Res. No. 136-92
.
- "
nv'l
-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~.AYID T. HARDEN, CITY MANAGER
THRU:
ZONING
FROM:
II
SUBJECT: MEETING OF DECEMBER 8, 1992
ABANDONMENT OF REDWING CIRCLE, GULL ROAD, AND PARCEL
S-1 **REGULAR AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of the rights-of-way Redwing
Circle, Gull Road, and Parcel S-l associated with the
Builder's Square development.
The subject rights-of-way are located south of Linton
Boulevard between 1-95 and Southwest 10th Avenue.
BACKGROUND:
The Builder's Square site was originally platted as a part of
the Linton Center Plat. On October 9, 1984 the Delint Center
SAD (Special Activities District) was approved through Ordinance
79-84 with the requirement to file a DRI (Development of
Regional Impact) application. On May 28, 1985 the DRI
development order was approved through Resolution 49-85.
I n December, 1991, the Planning and Zoning Department received
notification of a proposed change to the Waterford/Delint DRI
which reduces the overall office component and would replace a
hotel with a Builder's Square retail store.
With the addition of the Builders Square a SAD amendment, full
si te plan review, and a replat of the property are required.
The SAD amendment and site plan were approved on first reading
by the Commission on December 1, 1992, subject to conditions.
Involved with the replat request (received October 2, 1992) is
the abandonment of three rights-of-way (Redwing Circle, Gull
Road, and Parcel S-I) and various public easements (3 utility
and 2 anchor) , which were platted with the original plat of
Linton Center. The following analysis deals with the
abandonment of the rights-of-way.
------- ~..____H_._
City Commission Documentation
Abandonment of Redwing Circle and Gull Road
Page 2
ANALYSIS
originally the rights-of-way of Redwing Circle, Gull Road, and
Parcel S-1 were planned as a connection to Lindell Boulevard.
However, the portion of Lindell Boulevard that fronts along Gull
Road was abandoned by Resolution 7-90 in January, 1990.
With the current development of Builder's Square, access will be
taken through the existing Waterford Place right-of-way and a
new connection that will be constructed to Southwest 10th
Avenue.
Therefore, as the rights-of-way are not needed for any access
purposes and all utility providers have given their clearance,
it is appropriate to abandon the Redwing Circle, Gull Road, and
Parcel S-1 rights-of-way.
Also, pursuant to Code Section 2.4.6(0) (3) (e), any abandonment
of rights-of-way must be consummated by a replat of the
receiving property. This requirement will be met with the final
plat for Builder's Square.
FINDINGS:
Prior to the abandonment of any right-of-way, the following
fingings 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.
The area to be served by these rights-of-way has never been
developed, and there is no future public need for these
rights-of-way.
(b) That the abandonment does not, nor will not, prevent access
to a lot of record.
The property surrounding these rights-of-way will be
afforded access through the development of Builder's
Square, hence access will be protected.
(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.
There are currently no facilities within the abandonment
area and new easements and access will be provided with the
final plat for Builder's Square, therefore no detriment to
the provision of of utility services or access will occur.
,"
City Commission Documentation
Abandonment of Redwing Circle and Gull Road
Page 3
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally recommended approval of
the abandonment of Redwing Circle, Gull Road, and Parcel S-l at
its meeting of January 26, 1987. As no development has occurred
since this time and the issues involved have not changed, this
abandonment was not required to be reconsidered by the Planning
and Zoning Board.
RECOMMENDED ACTION:
By motion, approve the abandonment of Redwing Circle, Gull Road,
and Parcel S-l through the enactment of Resolution -92,
subject to the following condition:
* That this abandonment shall not become effective and shall
not be recorded until a replat of the Builder's Square
development has been recorded.
Attachment:
* Reduced Survey & Location Map
T:REDGULL.DOC
WALLACE
FORD
LINTON BOULEVARD
@ CIRCUIT
CITY
BIZ-MART
TARGET
.
N ABANDONMENT OF
RIGHT-OF-WAY
(GUU ROAD c!t REDWING CIRCLE)
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
SUBJECT: MEETING OF DECEMBER 8, 1992
ABANDONMENT OF VARIOUS UTILITY EASEMENTS
**REGULAR AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of 5 utility easements associated
with the Builder's Square development.
The project is located south of Linton Boulevard between
1-95 and Southwest 10th Avenue.
BACKGROUND:
The Builder's Square site was originally platted as a part of
the Linton Center Plat. On October 9, 1984 the Delint Center
SAD (Special Activities District) was approved through Ordinance
79-84 with the requirement to file a DRI (Development of
Regional Impact) application. On May 28, 1985 the DRI
development order was approved through Resolution 49-85.
In December, 1991, the Planning and Zoning Department received
notification of a proposed change to the Waterford/Delint DRl
which reduces the overall office component and would replace a
hotel with a Builder's Square retail store.
With the addition of the Builder's Square a SAD amendment,
conceptual and full site plan review, and a replat of the
property are required. The SAD amendment and the site plan were
approved on 1st reading by the Commission on December 1, 1992,
subject to conditions.
Involved with the replat request (received October 2, 1992) is
the abandonment of three (3) rights-of-way (Redwing Circle, Gull
Road, and S-l) and various public easements (3 utility and 2
anchor) which were platted with the original plat of Linton
Center. The following analysis deals with the abandonment of
the easements.
City Commission Documentation
Abandonment of Utility Easements
Page 2
ANALYSIS
The five (5) easements in question are all located wi thin the
boundaries of the Builder's Square plat. Currently there are no
facilities within any of these easements due to the fact that no
development has occurred on this site.
Of the utility providers, only Florida Power and Light has
requested a replacement easement. New easements will be
dedicated with the final plat for Builder's Square, including
the replacement for Florida Power and Light, therefore these
existing easements are not required and can be abandoned.
FINDINGS:
Prior to the abandonment of any public easement, the following
finding must be made:
That the abandonment will not result in detriment for the
provision of utility services to adjacent properties or the.
general area.
As currently there are no facilities within any of these
easements, and replacement easements are being dedicated with
the replat, there will be no detriment for the provision of
utility services to adjacent properties or the general area.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for the
abandonment of utility easements.
RECOMMENDED ACTION:
By motion, approve the abandonment of the five easements (3
utility and 2 anchor) through the enactment of Resolution -92
subject to the following condition:
* That this abandonment shall not become effective and shall
not be recorded until the plat for Builder's Square has
been recorded.
Attachment:
* Location Map & Reduced Survey
T:BSQESMT.DOC
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101 S.L 8th Awnu.. o.ara)ltlleoch. flotWo J34I3 (407)17&-7300 DELRA Y BEACH FLORIDA
-"-
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[~
SUBJECT: AGENDA ITEM # {o.A. 1./-,- MEETING OF DECEMBER 8. 1992
FINAL PLAT APPROVAL/BUILDER'S SOUARE
DATE: December 2, 1992
This item is before you to approve the final plat for Builder's Square
located south of Linton Boulevard between 1-95 and S.W. 10th Avenue.
The Builder's Square site was originally platted as a part of the
Linton Center Plat. In conjunction with the modification of the
Special Activities District and the Development of Regional Impact
Development Order for this project, a replat of the property is
required.
Additionally, the abandonment of three rights-of-way and various
public easements is required. That action is located elsewhere on the
agenda for action.
No Planning and Zoning Board consideration is necessary for minor
subdivision plats. The plat has been properly prepared and is ready
for Commission action.
Recommend approval of the final plat for Builder's Square, subject to
the condition that prior to recordation, replacement easements be
provided for water and sewer lines.
;9~ -& 1c;j/6/9d--
'"
.
.~~
f;
C I T Y COM MIS S ION DOC U MEN TAT ION
TO. (~T. HARDEN~CITY MANAGER
THRU: -J~~1;iRECTOR
DE AR~~LANNING AND ZONING
~L'
FROM: . ST VEN E. LOR
PLANNING TECHNICIAN II
SUBJECT: MEETING OF DECEMBER 8, 1992
BUILDERS SQUARE - FINAL PLAT
..REGULAR AGENDA..
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the Builder's Square
development.
The pro j ect is located south of Linton Boulevard between
1-95 and Southwest 10th Avenue.
BACKGROUND:
The Builders Square site was originally platted as a part of the
Linton Center Plat. On October 9, 1984 the Delint Center SAD
(Special Activities District) was approved through Ordinance
79-84 with the requirement to file a DRI (Development of
Regional Impact) application. On May 28, 1985 the DRI
development order was approved through Resolution 49-85.
In December, 1991, the Planning and Zoning Department received
notification of a proposed change to the Waterford/Delint DRI
which reduces the overall office component and would replace a
hotel with a Builder's Square retail store.
On August 25, 1992 the City Commission found that the changes
relative to the Builders Square development do not constitute a
"substantial deviation" to the Waterford Delint DRI and can be
processed pursuant to local procedures.
The addition of the Builders Square will require a SAD
amendment, conceptual and full site plan review, and a replat of
the property. Action on the replat will follow action taken on
the SAD amendment and site plan, in order to ensure the plat is
consistent with the master plan.
City Commission Documentation
Builder's Square Final Plat
Page 2
Involved with the replat request (received October 2, 1992) is
the abandonment of three rights-of-way (Redwing Circle, Gull
Road, and Parcel S-l) and various public easements (3 utility
and 2 anchor) which were platted with the original plat of
Linton Center. The following analysis concerns the replat for
Builders Square.
ANALYSIS
The Builder's Square plat is a minor subdivision which will
incorporate the abandoned rights-of-way of Gull Road, Redwing
Circle, Parcel S-l, five (5) abandoned public easements, a lake
management tract, and two (2) private access tracts. Water and
sewer easements will be added onto the plat once the final
engineering plans have been approved, thereby assuring the exact
location of the mains. This action will take place prior to
recordation of the plat.
To this effect, the plat has been properly prepared and is now
ready for Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and Zoning Board consideration is necessary for the
review of minor subdivisions. The Board consisered the SAD
Amendment and site plan at its meeting of November 16, 1992 and
recommended denial by a vote 4-2 vote (Currie and FeIner
dissenting) .
RECOMMENDED ACTION:
By motion, approve the final plat for Builder's Square.
Attachment:
. Location Map and Reduced Plat
T: BSQPLAT. DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~l/l
SUBJECT: AGENDA ITEM # It) B - MEETING OF DECEMBER 8, 1992
ORDINANCE NO. 65-92
DATE: December 2, 1992
This is second reading of an ordinance amending Section 35.098 of the
Code of Ordinances to provide that employees or beneficiaries of
employees who retired prior to January 1, 1991, shall have their
monthly amount of retirement income increased by 5% over the gross
amount they were receiving in December 1990. Provided however, that
all employees regardless of retirement date shall receive a minimum
monthly retirement amount of at least $400.
The General Employees Pension Board at their November 13th meeting
recommended that employees or beneficiaries of employees who retired
prior to January 1, 1993 should receive the cost-of-living increase
and the minimum monthly retirement benefit. However, persons retiring
from the City within the past two years are not as likely to need a
cost of living adjustment as opposed to those who have been receiving
pension benefits for a longer period of time. Therefore, I
recommended, on first reading, that the date be changed to January 1,
1991. The change was included in the motion to approve on first
reading and has now been incorporated into the ordinance. In
addition, a list of those individuals being brought up to the minimum
compensation level is attached as backup for this item. Also
attached is a table from the actuarial report showing the combined
impact of all the planned changes to the General Employees Pension
Plan. The alternative selected by the Pension Plan Committee is 4(c).
The final cost will be somewhat less since we are giving a 5% increase
instead of the 2% per year which was costed out by the actuaries when
preparing this table.
Recommend approval of Ordinance No. 65-92 on second and final
reading.
pCJJ1fUd 6-0
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'I ORDINANCE NO. 65-92
!
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS" , SUBHEADING "RETIREMENT PLAN" ,
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
~ i FLORIDA, BY AMENDING SECTION 35.098, "SUPPLEMENTAL
,I RETIREMENT INCOME FOR EMPLOYEES WHO RETIRED PRIOR TO
;! FEBRUARY 1, 1986", BY RENAMING SECTION 35,098,
H PROVIDING AN INCREASE IN THE MINIMUM MONTHLY RETIREMENT
II
II BENEFITS, PROVIDING FOR CERTAIN COST OF LIVING
INCREASES IN THE RETIREMENT BENEFITS; PROVIDING A
If REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
d
il DATE.
rl NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 35.098, "Supplemental Retirement
[I Income for Employees Who Retired Prior to February 1, 1986", of the Code
'I of Ordinances of the City of Delray Beach, Florida, is hereby amended to
II read as follows:
II Section 35,098 S1:lppieaea~ai Re~ireaea~ laeea. Per
Sapieyees Wfte R.~ires Prier 'l'e Pe8r1:lary ~7 i986.
[I Sunnlemental Retirement Income and Minimum Benefits.
;, Bapieyees wae re~ires prier ~e Peer1:lary ~7 H8h
il saaH reeeive aft iaerealle ia ~aeil' l'e~il'eaea~ ifteea.
I, eaie1:lia~es ift aeeersaaee wi~a See~ 3S~99~fAT ~are1:l9a fST
"
" ef ~aill 1I1:l8eaap~el' eer1:lai ~e ~we pel'eeft~ t~H fer eaea
I, year frea ~ae sa~e ef efte eapieyeeLs l'e~il'eaeft~ eftre1:l9ft
I;
Peer1:lal'Y ~ 8 7 H8s-,. Hewevel'7 aH elllpleyees wae l'eeires
prier ~e Marea i7 ~9867 IIftall I'eeeive l'e~irellleft~ 3:ftee.e
ef a~ ieall~ $.ee per .eftea~ 'l'fte lI1:lpplellleft~ aas .3:ftiBl1:l1ll
l'e~3:l'eaeft~ 3:fteeae pl'ev3:ses 3:ft ~a3:S lIee~3:eft lIaall ae paiS
i ae9iftftift9-Mareh-~7-~986.
:i
! Effective as of Januarv 1. 1993. emplovees' or
i beneficiaries of em~loyees who retired 9rior to January
,I L 1991. shall have the monthly amount of retirement
income increased by five oercent /5\\ over the qross
" amount they were receiving in December of 1990.
;
'I Provided. however. that all emnlov8e& reqardless of
II retirement date shall receive a minimum monthly
:1 retirement amount of at least 5400.
II Section 2. That all ordinances or parts of ordinances in
II conflict herewith be and the same are hereby repealed.
il Section 3. That should any section or provision of this
ordinance or any portion thereof, any paraqraph, sentence or word be
I declared by a court of competent jurisdiction to be invalid, such
I
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
immediately after its passaqe on second and final readinq and shall be
applicable to retirees as set forth in Section 1 of this ordinance,
. I
I
II
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
il
First Reading
Second Reading
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II - 2 - Ord. No. 65-92
. 'I
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. s~~
Director of Fina ce
Secretary, Gener~ Employees Pension Board
SUBJECT: General Employees Pension Plan--5% Cost of Living Increasel
Minimum Monthly Pension Benefit for Retirees
DATE: November 30, 1992
The General Employees Pension Board, at their meeting of November 13, 1992,
approved a 5% cost of living increase to all General Employees Pension Plan
retirees to be effective January 1, 1993 for all retirees (and
beneficiaries of retirees) who retired prior to January 1. 1993.
Additionally, the Board approved a minimum retirement income of at least
$400.00 per month. For those retirees currently drawing a pension benefit
of less than $400.00 per month, the 5% cost of living increase would be
applied to their current benefit and, if the monthly benefit was still less
than $400.00, then their monthly pension benefit would be increased to the
minimum $400.00.
As the Board is not obligated to review or grant cost of living increases
on a regular basis, they felt a one-time increase was more appropriate than
a per-year increase. Additionally, the Board felt that the 5% increase was
fair as the current City employees are receiving no cost of living
increase. but are eligible to receive a merit increase ranging from 0% to
5% with a budgeted (funded) increase of 3%.
The City Attorney drafted the ordinance for the changes outlined above for
first reading and approval by the City Commission at their meeting of
December 1, 1992.
The last cost of living increase/minimum monthly pension benefit granted to
the General Employees Pension Plan retirees was effective March 1, 1986.
/sam
12-/\
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MEMORANDUM
TO: Cheryl Levere~&nda Coordinator
FROM: Joseph M. Saff - irector of Finance
SUBJECT: Second Reading of General Employees Pension Plan Ordinance
65-92--City Commission Agenda of December 8, 1992
DATE: December 4, 1992
Ordinance Number 65-92, which will be on the Commission Agenda of December
8, 1992 for second reading, effective January 1, 1993, grants a one-time 5%
cost of living increase to those General Employees Pension Plan retirees
who retired from the City prior to January 1, 1991. Additionally, it also
increases the minim~ monthly pension benefit from $200.00 to $400.00.
Per your request, following is the list of General Employees Pension Plan
retirees (or beneficiaries of retirees) whose monthly pension benefit will
be increased to the $400.00 per month minimum as outlined in Ordinance
65-92 :
Current Gross New Gross Monthly
Retiree's (or Monthly Pension Pension Benefit Per Month
Beneficiary's*) Name Benefit Effective 01-01-93 Increase
ANKNEY, Richard $355.90 $400.00 $ 44.10
BARR, Harold 342.21 400.00 57.79
BYIRT, Sadie* 206.40 400.00 193.60
CARTER, Carl 355.88 400.00 44 . 12
CHARLOW, Willie 337.97 400.00 62.03
COOK, Arthur 200.00 400.00 200.00
CUSTER, Kathleen 200.00 400.00 200.00
DOBARD, Flora* 200.00 400.00 200.00
ELLIOTT, Gladys* 372 . 06 400.00 27.94
GODFREY, Kathryn 222.45 400.00 177 . 55
GREEN, Emma* 280.17 400.00 119.83
HARP, Dorothy* 198.08 400.00 201. 92
HARVEL, Margaret* 338.73 400.00 61. 27
LAPOINTE, John 340.12 400.00 59.88
MCCLELLION, James 254.70 400.00 145.30
MIZE, Lillian* 317.72 400.00 82.28
NIEVES, Eufemio 248.09 400.00 151. 91
NIXON, Carroll* 200.00 400.00 200.00
ODOM, Mary G.* 286.79 400.00 113.21
ORR, (Mrs.) William* 194.29 400.00 205.71
RAMSEY, Marjorie* 353.12 400.00 46.88
RODDICK, Gordon 200.00 400.00 200.00
SCHULT, Patti 359.97 400.00 40.03
THAYER, Carrie* 303.06 400.00 $ 96.94
TOTAL INCREASE PER MONTH $2,932.29
/sa~
._~- ---------,--~..
/ /
1. Current Plan with no changes $ 729,442 8.43%
2. Current Plan using Aggregate Cost
Method 470,130 5.43
3. Current Plan using Aggregate Cost
Method and including 3 proposed
changes in benefits. 577,164 6.67
4. Aggregate Method, 3 benefit changes
and following combinations of assumed
rates of investment earnings and salary
increases:
(a) 8%/7% (same as item 3) 577,164 6.67
(b) 7.5%/6.5% 737,247 8.52
@ 7.5CYo/6% 598,797 6.92
(d) 7%/5.5% 764,937 8.84
* Proposed changes in benefits include: one-time increase for current retirees, vesting
of 50% after 5 years and 100% after 10 years, minimum lump sum death benefit
of $10,000 instead of $5,000. The cost increase as a percent of payroll for each
is 0.97%, 0.20% and 0.07% respectively.
'"
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~ GENERAL EMPLOYEES PENSION FUND RETIREE:
----------.------------------------.---------------
--------.-.----------------------------------------
----------------------------------------------------------------------------------------------------
NOR\'IAlIEARLY
----------
RETIREE DATE OF RETIREMENT SERVICE FINAL MO. ORIGINAL CURRENT PROOF APPROVED
tBEMEFICIARY BIRTH DATE YEARS COMP BENEFIT BENEFIT BIRTH MINUTES
--------------------------------------------.-----------.------------.----.-----------------.----.--
1 'ADAMS, ADRIENNEf 2/3170 411/8933.4170 $2.000.40 $1.424.53 $1,424.53 N/A YESl6112/89l
2 ~ AILSTOCK, ROBERT 4/3/29 511/B9 12.2500 $2,07B.4B $820.26 $820.26 NO YESI6/12/S9l
3 ANKNEY. RICHARD 6/11/20 10/1/84 10.0830 $1,341.95 $346.09 $355.90 YES YESII0/9/84l
4 ARNAU, ELIZABETH 4/12/23 2/1/90 15.5000 $4,896.37 $1,978.76 $1,978.76 YES ~ S~,
5 AXELROD, CHARLES 12/22/23 1/1/91 10.2500 H,485.04 $893.08 $893.08 YES ...::IS .st~l'},
b BARR, HAROLD 9/21/22 10/1/84 10.5000 $1.187.98 $332.78 $342.21 YES YESII0/9184l
7 BOGNAR, FLORENCE' 12/15110 811/74 11.B333 $6b5.62 $244.81 $146.88 NfA YES18/22/74l
S BOWERS, RICHARD 1/15122 2/1/S4 22.7500 $1,290.48 $733.92 $764.50 NO YES(1/26/S4}
9 BRAUNSTEIN, LEAH 11/1/17 311187 10.5830 $1,715.08 $453.80 $453.80 YES YES13/13/87l
10 BRAWNER, J. 9/29120 7/1/BO 16.2500 $1,902.10 $757.39 $843.23 YES YES(7/10/S01
11 BROOKS, FLOYD ~/14/24 8111Sb 24.1670 $1,638.07 $989.b4 $989.64 YES YES19/111Bo)
12 BYIRT, SADIE. N/A 7/1/74 $679.70 $278.92 $206.40 N/A YESI7/16/S4)
13 BYRD, EULA* 2/8/28 12116/83 $1,546.47 $969.71 $607..04 N/A YES(1/18/84)
14 CARTEE, WADE 11/6/13 111179 16.9170 $1,488.96 $b29.65 $719.00 YES YESl12/2bl78l
15 CARTER, CARL 10/20113 211/77 14.9170 $807.49 $301.17 $355.88 NO YESl1/2bl77l
16 CHARLOW, WILLIE 10/7/13 611183 10.0000 $1,119.47 $320.35 $337.97 YES YESl5/19/83l
17 COLVIN, JACQUELINE 7/9/17 8/1/80 18.4170 fl,121.48 f516.36 $574.02 YES YESI7/10/BOl
IS COOK. ARTHUR 417109 211/b5 Ib.8330 $402.00 $51.31 $200.00 NO YESll!22/b5l I
19 ~QWDREY, MARIE 6/23/20 4/1/88 15.1070 $1,811.85 $687.07 $687.07 YES YES(2/17/88l
20 CUSTER, KATHLEEN 3/2/11 4/1/73 16.0000 $499.27 $36.b7 $200.00 YES YES(4/10173)
21 DANIELS, WARREN 12/22/21 111/81 17.1670 $1,234.59 $423.85 $662.17 NO YES(12/11/80l
22 DAVIDSON, NORMA 9/16119 1/27/91 10.0000 $1,936.27 $4B4.07 $484.07 YES ..~ '5{3o(q1 I
23 DEZEARN, WILLIAM 1/5/25 211/87 13.0000 $2.395.70 $778.57 $778.57 YES YES(3/13/B7) I
24 DICAMPLI, MARY 9/14/23 11/1/79 20.0000 $978.40 $360.05 $405.66 YES YESII0/31!791
25 DOSARD, FLORAf 12/10/16 9/30175 $720.29 $191. 61 $200.00 NIA YES (11I20175l I
26 DOOLEY, FRANK 2/5/21 7/1/B5 25.2500 $1,380.81 $B71.63 $883.25 YES YESt8/19/85l
27 ~~CH, EUGENE 12/31/22 111/85 15.5830 $1,643.91 $040.46 $655.40 YES YES(I/4/851
28 ELLIOTT, GLADYSf 3/12/29 5/27/77 $1,702.92 $533.04 $372.06 N/A YESI1/6/78l I
29 ERRIGO, ROBERT 1/11/13 12/1/79 10.0000 $1,487.08 $377.29 $424.45 YES YES111/2B/791 '
30 FRANCIS, FRANK 5/23/24 3/1187 12.5830 $2.542.54 $799.7B $799.78 YES YESI3/13J87l
31 GARRETT, ROLAND 11/8119 12/1/84 22.1670 $1,350.68 $771.26 $790.54 NO YESllI/IS/841'
32 GEORGE, JOHN 12/5/21 511/87 13.3330 $2.362.31 $787.45 $787.45 YES YESl8/Z0/87l I
33 GODFREY, KATHRYM 8/25/12 11/1/78 10.0000 $775.94 $194.00 $222.45 YES YESlI0/27178l '
34 GREEN, EMMA MAEf 9/30/29 N/A 11.7500 $1,589.71 $466.95 $280.17 NIA YES16/12/89l I
35 BROVER, KATHERINEf 7/24127 4/1/89 28.7000 $1,486.51 $1,068.35 $1,068.35 N/A YES(6/12/89) I
36 HANKERSON, THERMAN 3/1/25 B/1/88 10.4170 $1,390.02 $391.67 $391.67 YES YESI8/1S/88) \
37 HARP, DOROTHY * N/A 12/1/74 13.0000 $829.24 $269.49 $198.08 MIA YESl4/10/75l r
38 HARVEL, MARBARETf 6/14/1B 9/3077 $1,798.16 $483.21 $338.73 N/A YESI9/16/7?) t
39 HOWARD, JACQUELYNt 4/1/32 4/1/S7 22.4170 $3,098.32 $1.554.45 $1,036.31 NIA YE5(3/13/87~~
40 , HYCH, JW 1/31/26 2/1/87 13.8333 $1,263.32 $414.96 $414.96 YES YESI31l3/87~
41 JOHNSON, DEWEY A. 1/10/24 1/1/91 12.3330 $2;998.44 $924.48 $924.48 YES ~s5{.'Jt:Jlc" ,
42 JOHNSON, LOUIS 4/24120 bll/86 18.0000 $1,B78.23 $B45.28 $845.28 YES YES!9/11JS6) ,
43 JONES. WALTER 5/24/24 2/1185 12.9170 $1,389.67 $507.26 $518.25 YES YES(5/16/a5) ,
44 JONES, WILLIAM 3/30122 1211/82 14.1670 $1,251.84 $504.22 $536.99 YES YESII/1B/84l '
*- (QW9~, W \ ~!C...
,DVNC-A~,'"'3'O J..\-N
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GENERAL EMPLOYEES PENSION FUND RETIREES
--------------------------------------------------
--------------------------------------------------
---------------------------------------------------------------------------------------------------
NORMAL/EARLY
.---------
RETI REE DATE OF RETIREMENT SERVICE FINAL MO. ORIGINAL CURRENT PROOF APPROVED
fBENEFICIARY BIRTH DATE YEARS COMP BENEFIT BENEFIT BIRTH MINUTES
---------------------------------------------------------------------------------------------------
45 KEANE, HUGH 1/22/19 lill82 12.7500 $1,787.73 $569.80 $617.28 YES ~ 5&0("
46 KNUDSml, JOHN E. 2/12/24 12/1/89 10.0000 $2,599.12 $659.74 $659.74 YES YESI2/12/90)
47 LANG, WILLlE C. 6/22/34 2/ li90 29.2500 $2,196.46 $1,251.49 $1,251.49 YES YESI2/12/90)
48 LAPOINTE, JOHN 5/13/19 12/1/80 10.0000 $1,231.13 $307.80 $340.12 YES YES 111I18180J
49 LASTER, GARFIELD 6/9/25 1011/89 18.0000 $1,782.76 $802.26 $802.26 YES VES(2/12/90)
50 MANN, FITZHUGH 10/8122 111/85 11.1610 $I,491.0b $411.98 $421. T3 YES VES 11 IV:;
51 MARR IOTT, J 11/9/20 10/1/81 11.3330 $3,145.32 $812.34 $884.10 YES ~ (",
"'1 MATTESON, BYRON 12/27/30 10/1189 30.0000 $2,837.90 $1,995.47 $1,995.47 YES YES(2/12/90)
oJ..
"., "EBGERS, WAYNE 5/23/25 blII85 10.5000 $2,357.85 $618.98 $629.30 YES YES(5/16/85)
..I.J
54 MITCHELL, GEORGE 11/6112 12/1/77 20.6670 $818.74 $423. OS $492.85 NO YES (11130/77)
".. MIlE, WILLIAM 10/27/14 4/1/77 20.0000 $898.71 $449.40 $529.54 YES YES (6/6177l
JJ
56 110NTFORT, RILEY 4/30/26 8/1/88 14.0000 $1,624.62 $568.68 $568.6S YES YESI8/18/88)
57 MORREALE, SAL 4/26122 6/1189 10.0000 $2,637.43 $659.40 $659.40 YES YES(6/12/89)
58 MORR IS, ELI GAH 517 /21 10/1/83 30.0000 $1,319.33 $989.40 $1,037.22 YES YES (10/27/831
59 NICOLLS, PAUL 10/18/09 10/1174 45.8333 $1,243.44 $932.70 $1,145.67 YES YES 18/22174)
60 NIEVES, EUFEMIO 9/3117 7/1179 10.0000 $875.73 $218.90 $248.09 YES YESI8/11791
61 NIXON, CARROLL. 7/3/19 10131119 $929.10 $280.&9 $200.00 NIA YES110/31119J
62 ODD", MARY Gf 11/11/297/li88 ~1,433.97 $286.79 $286.79 NIA YESI8/18/8S)H
63 ORR, 8ERNIE 8/27/19 1/1/75 21. 0000 $759.99 $264.7Q $323.82 YES YES(3/11116J
64 OUTRAM, EMILY' 7/11/24 12/1/84 16.2500 $1,351.68 $471. 01 $471.01 NIA YESI3/22/8s)
65 PEARCE, MARION 12/14/24 111/85 23.2500 $1,736.80 $1,009.52 $1,033.08 YES YES (12112/84)
b6 PENDERGRASS, ETHEL. 3/24130 3/1/90 18.6670 $3,063.23 $1,324.88 $1,324.88 N/A N/A
67 PETERS, OLAN 12/4/19 1/1/80 23.3330 $1,676.36 $977.89 $1,098.50 YES YES(12/14179)
68 POWELL, JOSEPH 2/b/25 4/1/85 17.3330 $1,407.43 t609.95 $621.13 YES YES (6116/85)
69 RAMSEY, I1ARJORIEf 1/13/20 1/1184 15.9170 tl,417.65 $564.10 $588.54 NIA YES11l18/84)
70 REID, ROY 9/19/18 4/1/80 10.7500 $1,939.03 $521.16 $582.83 YES YES(3/24/801
71 RICKER, RAYMOND 3/19115 5/1/84 12.0830 $1,950.58 $589.17 $610.77 YES YES18/19/85J
72 RODDICK, GORDON 5/1/0b 7111 b9 21. 5000 $750.00 $85.18 $200.00 YES YESl6/26/69J
1~ ROLLE, NORMAN 11/3/26 8/1/89 34.0000 $1,859.91 $1,472.28 $1,472.88 YES YES(2/12/90)
.oj
74 SCHULT 1 PA TTl 3/3121 411119 19.4170 $763.75 $317.15 $359.97 NO YES(3/28119)
75 SCOTT, NORBERT 4/9/21 111/88 15.5000 $3,292.05 $1,275.65 $1,275.65 YES YES I 115/88)
7b SEARCY, WILLIAM 3/20131 3/1/87 17.3330 $1,728.79 $602.45 t602.45 YES VES(8/20/871
77 SI/1MONS, WILLIE 4/30/25 11/1/89 10.6670 $1,965.02 $524.07 $524.07 YES YES(2/12/90)
78 SMITH, WILLIA" 1/11/36 2/1/86 20.7500 t2,270.89 $588.99 $589.97 YES YES(1/31/86)
79 TEMPLE, LEROY 11/20/19 3/1182 20.3330 $1,164.18 $591.69 t639.03 YES ~~~~
80 THAYER, CARRIE "AY. NIA 8/1/79 14.6670 $1,182.64 $446.33 $303.06 NIA YES18/18/8S)
81 THO"AS, MARIA 5/4/18 6/1178 18.1670 t811.11 $368.43 $425.54 YES YES (5/24178J
82 TYSON, ALBERT 9/19/2B 10/1/88 33.0830 $2,095.17 $1,571.40 $1,571.40 YES YES1l1I3/88)
83 WARD, "AURICE 2/16126 3/1/86 20.8333 $1.858.20 $967.90 $967.90 YES YES(5/21/l6)
84 WEBER, THOMAS 12/27/20 2/1181 18.7500 $2;618.99 $1,227.56 $1,352.36 YES ~~~ql
85 WEI?S, LULA BELL 5/1/21 5/1/89 14.2500 $1,984.93 $707.09 $707.09 YES YESI6/12/891
86 WHITE, EDWARD 12/27120 2/1/81 14.2500 $1,077.96 $384.04 $443.57 YES YESI5/24178J
87 WORTHING, HALLIE 4/12/13 1;,/1174 19.0830 $1,027.31 $490.05 $bOS.21 YES YES(6118174)
, """~,
r~ .
---------------------------------------------.---------------------------------
DISABILITY
----------
RETIREE DATE OF RETIRE"ENT SERVICE FINAL "0. ORIGINAL CURRENT I
IBENEFICIARY BIRTH DATE YEARS COMP BENEFIT BENEFIT 1
-------------------------.-----------------.-.--.-.------------.----.----.-.---.
B8 DIPPERY, FREDERICK 7/25/13 4/1/70 8.5000 $560.00 $38.28 $200.00 <
89 MCCLELLION, JAMES 10127/33 3/1184 10.0000 $1,224.48 $244.90 $254.70 .
DECEASED
--.-------
90 FLaIIN6, JEAt~ 8/28/16 711/73 Ib.4170 $b33.75 $37.65 $782.74
91 FLEMING, JEAN 8/28/16 7/28/77 $2,144.56 $1,072.20 $200.00
TOTAL EMPLOYEES = 91
--------------------
--------------------
,
MEMORANDUM
,
TO: MAYOR AND CITY COMMISSIONERS
7J1.1.
FROM: CITY MANAGER!~. V(
SUBJECT: AGENDA ITEM i hi. Ii - MEETING OF DECEMBER 8. 1992
ORDINANCE NO. 66-92
DATE: December 2, 1992
This is first reading of an ordinance adopting, by reference, certain
provisions of the Uniform Fire Safety Codes, State Fire Marshal Rules
and certain minimum National Fire Safety Codes into the Code of
Ordinances. Additionally, this ordinance provides that violation of
the above named codes shall be deemed a violation of City ordinances
in order to enhance the enforceability of said codes.
The standards contained within this ordinance complies with State of
Florida requirements for Uniform and Minimum Fire Safety Standards.
Recommend approval of Ordinance No. 66-92 on first reading.
p~ ISI~
5-:-0
.
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[IT' DF DELIA' BEA[H
fiRE DEPARTMENT
M E M 0 RAN DUM
RECEiVED
NOV 1 j 1992
TO: DAVID T. HARDEN, CITY MANAGER CITy MANA
GER'S OFf!
FROM: KERRY B. KOEN, FIRE CHIEF CE
DATE: NOVEMBER 12, 1992
SUBJECT: REVISIONS TO CITY FIRE CODES
The City Attorney has developed a proposed ordinance which
would update our fire codes by adopting more recent editions of
National Fire Protection Association Codes and Standards currently
adopted by reference. These standards comply with State of
Florida current requirements for Uniform and Minimum Fire Safety
Standards. These standards were originally adopted by Ordinance
105-87 on December 22, 1987.
I am requesting that this item be placed on the December 8,
1992 agenda. An agenda preparation sheet is attached for that
purpose.
\(~ lS.1L ~
Kerry B. Koen
Fire Chief
KBK/mmh
Attachments: 2
cc: Susan Ruby
::iRE DEP-'\RTMENT ~E~DQL,ARTERS. 101 "VEST ATL..2\i"JTC "'.VENUE. DELRAY BEACH. FLORIDA :Eci-+-i
1072-+37-+00. FAX 407 265-+060
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ORDINANCE NO. 66-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING THE TITLE OF
CHAPTER 96, FIRE PREVENTION; FIREWORKS" AND ENACTING
A NEW TITLE TO CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES" AND REPEALING SECTION 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND
ENACTING A NEW SECTION 96.16, "CERTAIN CODES ADOPTED
BY REFERENCE", TO PROVIDE THAT UNIFORM FIRE SAFETY
CODES, ESTABLISHED BY FLORIDA STATUTES SECTION
63.01, STATE FIRE MARSHAL RULES AS CONTAINED WITHIN
FLORIDA ADMINISTRATIVE CODE RULE 4A, ALL AS SHALL BE
REVISED OR AMENDED FROM TIME TO TIME, AND CERTAIN
MINIMUM NATIONAL FIRE SAFETY CODES PRESCRIBED BY THE
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) AS
AMENDED HEREIN, SHALL BE INCORPORATED WITHIN THE
CITY'S CODE OF ORDINANCES; PROVIDING THAT A
VIOLATION OF THE ABOVE-NAMED CODES SHALL BE DEEMED A
VIOLATION OF CITY ORDINANCES IN ORDER TO ENHANCE THE
ENFORCEABILITY OF SAID CODES; PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 633 of the Florida Sta~ue8, Section 633.022
states that the Department of Insurance shall e tablish Uniform Fire
Safety Standards which apply throughout the state; and,
WHEREAS, Chapter 633, Section 633.01 of the Florida Statut
9stablishes that the State Fire Marshal shall make an promulgate
rules necessary to implement the provisions of Chapter 633, FlOrl__
Statutes; and,
WHEREAS, the City of Delray Beach, Florida may establish
certain additional minimum codes which are not in conflict with the
Uniform Fire Safety Standards and rules promulgated by the State Fire
Marshal; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, in order to simpli fy the enforcement through the City' s Code
Enforcement Board, desires to adopt by reference the Uniform Fire Safety
StandardS, State Fire Marshal Rules, all as promulgated pursuant to
Florida Statutes, Chapter 633, and de.ire. to incorporate said standards
and rules into its Code of Ordinance. a8 is fully set forth therein and
as may be revised and amended from time to time, and to provide that if
there are subsequent revisions or amendments to the Uniform Fire Safety
Standards or State Fire Marshal Rules, then those revisions and
amendments shall automatically become adopted under this Chapter and
shall be deemed a part thereof; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida desires to update the applicable minimum national Fire Codes to
be enforced within the City of Delray Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,
-,
Section 1- That the Title to Chapter 96, "Fire Prevention;
Fireworks" of the Code of Ordinances, of the City of Delray Beach,
Florida, is hereby amended by repealing the title and enacting a new
title to Chapter 96 to read, "Fire Safety and Emergency Services".
Section 2. That Chapter 96, "Fire Prevention; Fireworks", 1s
hereby amended by repealing in its entirety Section 96.19, "Certain
Codes Adopted by Reference", of the Code of Ordinances of the City of
Delray Beach, Florida.
Section 3. That Chapter 96, "Fire Prevention; Fireworks", of
the Code of Ordinances of the City of Delray Beach, be and the same is
hereby amended by enacting a new Section 96.16, "Certain Codes Adopted
by Reference", to read as follows:
96.16 Certain Codes Adopted bv Reference
(A) The Uniform Fire Safety Standards promulgated pursuant to
Section 633.022, of the Florida Statutes and the rules
promulgated by the State Fire Marshal pursuant to Section
633.01 of the Florida Statutes, and as set forth in the
Florida Administrative Code, Rule 4A, are ' herein
incorporated by reference, all as it fully set forth
herein and as may be revised and amended from time to
time. If there are subsequent revisions or amendments to
the Uniform Safety Standards or Rules of the State Fire
Marshal, then those revisions ~d amendments auto-
matically become adopted under is Chapter and are
deemed a part hereof. A violation of the Uniform Safety
Standards or the Rules of the State Fire Marshal shall be
a violation of this section.
(B) There are adopted for the purpose of prescribing regula-
tions governing conditions, hazards to life, or property,
from tire or explosion, the following minimum National
Fire Codes, prescribed by the National Fire Protection
Association (NFPA) , (save and except such portions or
codes as are hereby deleted, modified, or amended in
Section 96.17 of this Chapter) as it fully set. forth
herein. A violation of the National Fire Codes as set
forth herein shall be deemed a violation of this Section.
The applicable National Fire Codes are on file in the
office of the City Clerk, and the provisions thereof
shall be controlling within the limits of the City:
( 1) NFPA 1, "Fire Prevention Code", 1987 edition.
(2 ) NFPA 10, "Portable Fire Extinguishers", 1991 edi-
tion.
(3) NFPA 11, "Low Expansion Foam and Combined Agent
Sys telllll" , 1988 edition.
(4) NFPA llA, "Medium and High Expansion Foam Systems",
'. 1988 edition.
(5) NFPA 12, "Carbon Dioxide Extinguishing Systems",
1989 edition.
\ 2
ORD. NO. 66-92
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4;1I.~_-.c
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(6 ) NFPA 12A, "Halon 1301 Extinguishing Systems", 1989
edition.
(7 ) NFPA 12B, "Halon 1211 Extinguishing Systems", 1990
edition.
(8) NFPA 13, "Installation of Sprinkler Systems", 1989
edition.
(9 ) NFPA 130, "Sprinkler Systems in One- and Two-Family
Dwellings", 1989 edition.
(10) NFPA 13R, "Installation of Sprinkler Systems in
Residential Occupancies Up to Four Stories in
Height", 1989 edition.
( 11) NFPA 14, "Installation of Standpipe and Hose Sys-
tems", 1990 edition.
(12) NFPA 15, "Water Spray Fixed Systems", 1990 edition.
(13) NFPA 16, "Installation of Deluge Foam-Water Sprin-
kler and Foam-Water Spray Systems", 1991 edi~lon.
( 14) NFPA 17, "Dry Chemical Extinguishing Systems", 1990
edition.
(15) NFPA 17A, "Wet Chemical Exting~iShing Systems", 1990
edition.
(16) NFPA 20, "Installation of Centrifrugal Fire Pumpr
1990 edition.
(17) NFPA 22, "Water Tanks for Fire Protection", 1987
edition.
(18) NFPA 26, "Supervision of Valves Controlling Water
Supplies", 1988 edition.
(19) NFPA 30, "Flammable and Combustible Liquids Code" ,
1990 edition.
(20) NFPA 31, "Installation of Oil Burning Equipment",
1987 edition.
(21) NFPA 32, "Drycleaning Plants", 1990 edition.
(22) NFPA 33, "Spray Application Using Flammable and
Combustible Materials", 1989 edition.
(23) NFPA 34, "Dipping and Coating Processes Using
Flammable or Combustible Liquids", 1989 edition.
(24) NFPA 35, "Manufacture of Organic Coatings", 1987
" edi tion.
(25) NFPA 40, "Storage and Handling of Cellulose Nitrate
Motion Picture Film", 1988 edition.
3
ORD. NO. 66-92
.
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(26) NFPA 40E, "Storage o! pyroxylin Plastic", 1986
edition.
(27) NFPA 43A, "Storage of Liquid and So lid Oxidizing
Materials", 1990 edition.
(28) NFPA 43B, "Organic Peroxide Formulations, Storage
of", 1986 edition.
(29) NFPA 43C, "Storage of Gaseous Oxidizing Materials",
1986 edition.
(30) NFPA 430, "Storage of Pesticides in Portable Con-
tainers", 1986 edition.
(31) NFPA 45, "Fire Protection for Laboratories Using
Chemicals", 1986 edition.
(32) NFPA 46, "Storage of Forest Products", 1990 edition.
(33) NFPA 51, "Design and Installation of Oxygen-Fuel Gas
Systems for Welding, Cutting and Allied Process",
1987 edition.
(34) NFPA 51A, "Acetylene Cylinder Charging Plants", 1989
e~i tion.
(35) NFPA SIB, "Cutting and wel4.ng Processes", 1989
edition.
(36) NFPA 54, "Natural Fuel Gas Code", 1988 edition.
(37) NFPA 58, "Storage and Handling of Liquified Petrole-
Ulll Gases", 1989 edition.
(38) NFPA 71, "Installation, Maintenance, and Use of
Central Station Signaling Systelll8", 1989 edition.
(39) NFPA 72, "Installation, Maintenance, and use of
Local Protective Signaling Systelll8 for Guard's Tour,
Fire Alarm and Supervisory Service", 1990 edition.
(40) NFPA, 72E, "Automatic Fire Detectors", 1990 edition.
(41) NFPA 72G, "Installation, Maintenance and Use of
Notification Appliances for Protective Signaling
Systems" , 1989 edition.
(42) NFPA 74, "Installation, Maintenance, and Use of
Household Fire Warning Equipment", 1989 edition.
(43) NFPA 75, "Protection of Electronic Computer/Data
Processing Equipment", 1989 edition.
(44) NFPA 80, "Fire Doors and Windows", 1990 edition.
(45) NFPA 82, "Incinerators, Waste and Linen Handling
Systems and Equipment", 1990 edition.
4
ORD. NO. 66-92
.
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(46) NFPA 88A, "Parking Structures", 1985 edition.
(47) NFPA 88B, "Repair Garages", 1985 edition.
(48) NFPA 90A, "Installation of Air Conditioning and
Ventilating Systems", 1989 edition.
(49) NFPA 90B, "Installation of Warm Air Heating and Air
Condi tioning Sys,tems", 1989 edition.
(50) NFPA 91, "Installation of Blower and Exhaust Systems
for Dust, Stock and Vapor Removal or Conveying",
1990 edition.
(51) NFPA 96, "Installation of Equipment for the Removal
of Smoke and Grease-Laden Vapors From Commercial
Cooking Equipment", 1991 edition;
(52) NFPA 99, "Health Care Facilities", 1990 edition.
(53) NFPA 101, "Safety to Life From Fire in Buildings and
Structures", 1988 edition.
(54) NFPA 102, "Assembly Seating Tents and Membrane
Structures", 1986 edition.
(55) NFPA 110 - "Standard for EmergrCy and Standby Power
Systems", 1988 edition.
(56) NFPA 204M, "Smolee and Heat Venting", 1985 edition.
(57) NFPA 211, "Chimneys, Fireplaces, Vents and SoL
Fuel Burning Appliances", 1988 edition.
(58) NFPA 220, "Types of Building Construction", 1985
edition.
(59) NFPA 231, "General Storage", 1990 edition.
(60) NFPA 231C, "Rack Storage of Materials", 1991 edi-
tion.
I
(61) NFPA 2310, "Storage of Rubber Tires", 1989 edition.
(62) NFPA 241, "Building Construction and Demolition
Operations", 1989 edition.
(63) NFPA 251, "Fire Tests of Building Construction and
Materials", 1990 edition.
(64) NFPA 252, "Fire Tests of Door Assemblies", 1990
edition.
(65) NFPA 253, "Tests for Critical Radiant Flux of Floor
Covering Systems Using a Radiant Heat Energy
Source", 1990 edition.
S
ORD. NO. 66-92
,
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(66) NFPA 255, "Tests of Surface Burning Characteristics
of Building Materials", 1990 edition.
(67) NFPA 664, "Fires and Explosions in Wood Processing
and Woodworking Facilities", 1987 edition.
(68) NFPA 704, "Identification of Fire Hazards of Materi-
als", 1990 edition.
(69) NFPA 1123, "Public Display of Fireworks", 1990
edition.
(70) NFPA 1221, "Installation, Maintenance and Use of
Public Fire Service Communication Systems", 1988
edition.
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 all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 6. That this ordinance shall become effective ten
(10) days from its passage on second and final rea~ng.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of . 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
6
ORD. NO. 66-92
I
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PUBLIC AND CITY COMMISSION COMMENTS FROM DECEMBER 8, 1992:
Public Comments:
(1) Ms. Helen Coopersmith, who commented that the Mayor always
makes it quite clear, when someone gets up to speak
publicly, they are are not to mention any Commissioner or
direct comments specifically. However, she feels that the
Commissioners also need to respect the people, including
herself, especially when remarks are made which the people
cannot rebut. Ms. Coopersmith asked that the Commission
treat public speakers with the same respect and courtesy
that the Commission expects from the public.
(2) Ms. Marion Ehlers, who stated that she had bought the
Baskin/Robbins ice cream store located at the southeast
corner of Military Trail and Atlantic Avenue some six weeks
ago at which time it was represented to her by the company
that she would have a wrap-around sign. When she went to
sign the final papers, she found that there was only a front
sign and was told that was all she could have per city
ordinances. Ms. Ehlers was directed to Ms. Butler for
assistance with the situation.
Commission Comments:
(1) Dr. Alperin: No comments
(2 ) Mr. Mouw: No comments
(3 ) Mr. Randolph: No comments
(4 ) Mr. Ellingsworth:
(a) Thanked the Commission for approving the resolution
naming the Scout Hut in honor of Michael J. Machek, Jr.
(b) Distributed the proposed schedule (copy attached) for
the Miyazu delegation (31 people, including the entire
Miyazu City Commission) coming from Japan in January,
1993. The Sister Cities Committee is involved to a
large degree, and he asked the Commission to consider
becoming involved in several of the activities. An
updated schedule will be provided soon.
(c) with reference to the earlier discussion on the
Waterford/Delint project, Mr. Ellingsworth commented
that there are a number of projects along Linton
Boulevard (i.e. , Blood's, Holland, Laver's) which may
be coming on line in the near future. He suggested
taking a proactive approach to looking at these
different scenarios in advance so that we might be able
to more easily deal with some of the issues when they do
come up.
(5) Mayor Lynch: No comments
~/q~
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PROPOSED SCHEDULE AS OCr 2. 1 1992
FOR
MIYAZU DELEGATION
Day Time place/Aotivity H2n Dress
Thursday
Jan. 28 12:25 pm Arc, PBIA (USAir 1697)
1:40 pm Arrive Hotel [welcome]
translation
2:30 - 4:30 city walking tour Committee casual
~ranslation
6:00 - Museum reception Morikami, Inc. suits
8:00 pm
Friday
Jan. 29 g:oo am Golf Outing Q[ Committee casual
9:00 am city trolley tour
translation
1 :00 - 2:30 I h Mil, Committee casual
unc eon @DB Unle.
Golf Course
translation
Mayors' speeches
2:30 - 5:00 continue trolley toue
7:00 - 12:00 dinner-dance Morikami, Inc. black tie
@ Museum (optional $150)
Saturday
Jan. 30 11:00 am opening ceremony Morikami suits
Mayor Tokuda speech
12 - 3 pm opening events Morikami
-1:00 pm lunch @ Morikami Committee
7:00 pm dinner @ Sundy Committee
House r~sort
translation casual
~ayors' speeches
Sunday
Jan, 31 8:30 am hotel checkout
Palm Beach sightseeing
1:45 pm depart from PBIA (USAic 1602)
[see off at airport]