01-08-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 8, 1991 - 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 extraordin'ary
circumstances or reasons exist, and at the discretion oT 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 podium to make your
comments, kindly complete the sign-in sheet if you have not already
done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step
up to the podium and state, for the record, your name and address. All
comments will be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or
who becomes boisterous while addressing the Commission shall be barred
from speaking further to the Commission by the presiding officer,
unless permission to continue or again address the Commission is
granted by a majority vote of the Commission members present.
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.. Agenda
Regular Meeting of 1/8/91
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.
S. Approval of Regular Minutes of November 13, 1990, November 27,
1990, December 4, 1990, December 11, 1990 and the Special Meeting
minutes of November 20, 1990.
6. Proclamations:
A. Martin Luther King, Jr. Day - January 21, 1991
B. Trinity Tigers (Girls Junior High) - Victorious in a No
Loss Season
C. "Today's Society of Tomorrow's Leaders" - Feeding the Hungry
7. Presentations:
A. Certificate of Achievement for Excellence in Financial
Reporting for Fiscal Year ended September 30, 1989 (Finance
Department)
B. Water Restrictions - South Florida Water Management District
(Bruce Adams)
8. Consent Agenda:
A. 1991 NATIONAL DERBY RALLY AND ALL-AMERICAN SOAP BOX DERBY:
Approve use of Linton Boulevard Bridge on Saturday, February 16,
1991 for the National Derby Ra lly and Sunday, June 23, 1991
(practice date) and Saturday, June 29, 1991 from 9:00 A.M. until
mid-afternoon. City Manager recommends approval.
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Regular Meeting of 1/8/91
B. RESOLUTION NO. 1-91: A resolution amending the Water and
Sewer Operating Budget. City Manager recommends approval.
C. DEL AIRE COUNTRY CLUB MEDIAN LANDSCAPING AND IRRIGATION
MAINTENANCE AGREEMENT: Approval and ratification of the median
landscaping and irrigation maintenance agreement between the City
and Del Aire Country Club. City Manager recommends approval.
D. EQUIPMENT PURCHASE AND SOFTWARE LICENSE AGREEMENT - ITRON,
INC: Approve an agreement with ITRON, Inc., for the purchase of
hand-held meter reading equipment and software and system support
services. City Manager recommends approval.
E. REORGANIZATION PLAN FOR SUNSHINE TELEPHONE, INC: Approve a
plan for the reorganization for Sunshine Telephone, Inc. City
Manager recommends approval.
F. RATIFICATION AND APPROVAL OF ADMINISTRATIVE PROPOSALS:
Ratify and approve the Administrative Proposals regarding
financial management as presented to the Commission at their
Workshop Meeting of November 20, 1990. City Manager recommends
approval.
G. AUTHORIZATION NO. 3C WITH POST, BUCKLEY, SCHUH & JERNIGAN:
Consider approving Authorization No. 3C with PBS&J to prepare
drawings for the Water Treatment Plant Expansion Project in the
amount of $7,500 with funding to come from the 1984 Bond Issue
Account No. 441-5162-536-60,76.
H. AWARD OF BIDS AND CONTRACTS:
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1. Rental Rehabilitation Program - Henry Haywood in the
amount of $11,823 for rehabilitation of property at 126-36
N. W. 2nd Avenue with funding to come from Rental
Rehabilitation Grant (Account No. 118-1975-554-60.23)
Account balance $40,306.50
2. Communi ty Development Block Grant Program Housing
Rehabilitation Grant - Phillip Gary Purr % Gamzo Inc. for
property at 412 S.W. 4th Avenue in the amount of $11,213.50
with funding to corne from Housing Rehabilitation (Account No.
118-1963-554-60.23). Account balance $182,815.00.
3. Office Supplies - Annual contract - Joyce Office
Products at an estimated annual cost of $25,000 with funding
to come from the various departmental budgets.
4. Portable Police Radios (40) and accessories - Motorola
C&E, Inc. in the amount of $28,981.00 with funding to come
from Police (Support) Budget/Equipment Other (Account No.
001-2113-521-60.89) Account balance $37,800.30.
5. Hurricane Shutters at Water Treatment Plant - Solarol1
Shade & Shutter Corp. in the amount of $51,715.00 with
funding to come from Building Account No. 444-5154-536-60.31.
Account balance $250,000.
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Regular Meeting of 1/8/91
6. Landscape Maintenance on West Atlantic Avenue - Greenway
Plan Phase II - America's Pros, in the amount of $10,305.00
with funding to come from Beautification Contract Maintenance
(Account No. 119-4144-572-33.49) Account balance $191,085.
9 . Regular Agenda:
A. REVIEW AND ACCEPTANCE OF APPEALABLE ADVISORY BOARD ACTIONS:
Accept actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board. City Manager recommends approval.
B. APPEAL OF PLANNING AND ZONING BOARD ACTION RE: BINGO AT
CONGRESS SQUARE: Consider an appeal of the Planning and Zoning
Board denial of a conditional use request for bingo at Congress
Square.
C. APPEAL OF PLANNING AND ZONING BOARD ACTION RE: REZONING
REQUEST FOR BOAT DOCKS: Consider an appeal of the Planning and
Zoning denial of a rezoning request from PRD to SAD for boat
docks.
D. CONSIDERATION OF APPROVAL FOR MURAL AND SIGN: Consider
approving a mural and sign on Delray Bait and Tackle located at
817 N.E. 6th Avenue. Also provide direction for establishment of
criteria for approvals of such items.
E. COMCAST CABLE USE OF COUNTY RIGHTS-OF-WAY WITHIN CITY OF
DELRAY BEACH: Consideration of issue regarding use of County
rights-of-way within the City of Delray Beach by Comcast Cab~e.
F. CONSIDERATION OF REQUEST FOR WAIVER OF SIGN CODE - GREATER
DELRAY BEACH CHAMBER OF COMMERCE: Consider a request from the
Greater Delray Beach Chamber of Commerce for a waiver of Section
4.6.7(3) (J) of the Sign Code for their annual membership drive
from January 15 - February I, 1991.
G. ADOPTION OF FORMAL LEGISLATIVE WORK PROGRAM: Consider
adopting the formal 1991 Legislative work program as outlined by
Kathy Daley.
H. REQUEST FOR CONDITIONAL USE APPROVAL AND ATTENDANT SITE PLAN:
Consider a request for conditional use approval and attendant site
plan for a proposed Jiffy Lube vehicle lubrication facility on the
outparcel of Wal Mart Plaza located on the west side of Military
Trail south of Linton Boulevard.
I. REQUEST FOR MAJOR MODIFICATION: Consider a request for a
major modification to a conditional use for reconstruction of the
Hess Station on Military Trail.
J. DIRECTION REGARDING ARCHITECT SELECTION FOR FIRE STATION NO.
1. Provide direction regarding architect selection for Fire
Station No.1.
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.' 'Agenda
Regular Meeting of 1/8/91
K. CRA'S EMPLOYEES PARTICIPATION IN CITY'S HEALTH PLAN:
Consider a request to have the City Commission authorize the
Communi ty Redevelopment Agency employees to participate in the
City's Health Insurance Plan.
L. CHANGE ORDER NO.5: Consider Change Order No. 5 for Widell
Associates, Inc., for the Water Treatment Plant Expansion Project
to reduce the contract by the amount of $31,040.51. City Manager
recommends approval.
M. AUTHORIZATION NO. 3B WITH POST, BUCKLEY, SCHUH & JERNIGAN:
Consider approving Authorization No. 3B for additional services
for the Water Treatment Plant Expansion Project in the amount of
$29,997.12 which will be paid from liquidated damages assessed
Widell Associates, Inc.
N. AUTHORIZATION NO. lC WITH POST, BUCKLEY, SCHUH & JERNIGAN:
Consider approving Authorization No. lC with Post, Buckley, Schuh
& Jernigan for professional services in connection with the Miller
Storage Tank and Booster Station. The negotiated compensation is
$206,804 with funding from the 1990 $8,000,000 line of credit
(Account No. 444-5169-536-33.11).
O. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Consider
appointment of both regular and alternate members to various
positions on the Code Enforcement Board. Please refer to the City
Manager's memorandum for appointment sequence.
P. RECEIPT OF RECOMMENDATIONS: Acknowledge receipt of
recommendations and direction re: Truck parking in Resident'ial
Districts. ' .
Q. CITY ATTORNEY'S EVALUATION:
R. PROVISION OF WATER SERVICE - COUNTRY CLUB ACRES:
Consideration and direction regarding provision of water service
to properties in Country Club Acres (Whatley and Jefferson Roads).
10. Public Hearings:
A. ORDINANCE NO. 61-90: An Ordinance which changes the
definition of the term "family" as contained in the LOR's.
B. REQUEST FOR WAIVER: Consider a request from the American
Heart Association to waive Code Section 118.27(C) (3) which
provides for an annual registration fee for a charitable
organization in the amount of $300. City Manager recommends
approval.
C. REQUEST FOR WAIVER: Consider a request from the Health Care
Institute, 4760 West Atlantic Avenue, to waive Section 4.3.4(H) (6)
of the Land Development Regulations which requires a 14 foot
setback for signs. The applicant is requesting a 10 foot setback.
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Regular Meeting of 1/8/91
D. REQUEST FOR WAIVER: Consider a waiver request from Dr. and
Mrs. Carlos Tomelleri, 250 Royal Cour t, for two free standing
signs to be located on the City right-of-way. Historic
Preservation Board recommends approval.
E. REQUEST FOR WAIVER: Consider a waiver request from the 1550
Building, 1550 North Federal Highway, to allow an existing free
standing sign to be placed at an 18 foot height instead of the
required 7 feet.
F. REQUEST FOR WAIVER: Consider a waiver request from Wor ld ' s
Best Burger, 550 N.E. 6th Avenue, for a free standing sign with a
1 foot setback instead of 10 feet as submitted on their approved
sign plan.
G. ORDINANCE NO. 6 2- 9 0 : An Ordinance amending the Code of
Ordinances by amending Chapter 52 "Water" by repealing certain
subsections with respect to certain connection charges and
transmission and storage fees. City Manager recommends approval.
H. ORDINANCE NO. 63-90: An Ordinance amending the Code of
Ordinances by amending Chapter 54 "Sewers" by repealing certain
Sections with respect to certain connection charges and service
rates and renumbering the remaining sections accordingly. City
Manager recommends approval.
11. COJmaents and Inquiries on Non-Agenda items - Immediately
following Public Hearings:
A. City Manager response to prior public comments and inqu~ries
B. From the Public
12. First Readings:
A. ORDINANCE NO. 1-91: An Ordinance amending Chapter 4, "Zoning
Regulations", of the Land Development Regulations by decreasing
the rear yard setback in the Neighborhood Commercial (NC) Zoning
District from 40 feet to 10 feet. If passed, Public Hearing will
be held on January 29, 1991.
B. ORDINANCE NO. 2-91 : An Ordinance amending Chapter 2,
"Administrative Provisions", of the Land Development Regulations
by including additional items for which the Chief Building
Official has authority to approve, approve subject to conditions,
or to deny a building permit. If passed, Public Hearing will be
held on January 29, 1991.
C. ORDINANCE NO. 3-91 : An Ordinance amending Chapter 4, "Zoning
Regulations", of the Land Development Regulations by increasing
the maximum allowable floor area for a single tenant or a single
use from 20,000 sq. ft. to 60,000 sq. ft with the Planned Com-
mercial Small Scale (PC-S) Zoning District. If passed, Public
Hearing will be held on January 29, 1991.
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. . ;Agenda
Regular Meeting of 1/8/91
D. ORDINANCE NO. 4-91 : An Ordinance amending Chapter 4, "Zoning
Regulations" , of the Land Development Regulations by repealing
Section 4.4.19(D) and enacting a new Section 4.4.19(D),
"Conditional Uses and Structures Allowed" , to provide provisions
for conditional uses and structures allowed in the Mixed
Industrial and Comm~rcial (MIC) Zoning District. If passed,
Public Hearing will be held January 29, 1991.
E. ORDINANCE NO. 5-91: An Ordinance amending Title 3,
"Administration", Chapter 30, "City Commission" of the Code of
Ordinances by amending Section 30.15,"Waivers of City Ordinances",
by adding a new subsection 30.13(C) to provide for the imposition
of a fee to cover advertising and administrative costs associated
with processing the waiver application. If passed, Public Hearing
will be held January 29, 1991.
F. ORDINANCE NO. 6-91 : An Ordinance amending Chapter 36,
"Finance~ City Property Transactions", Subheading, "City
Purchasing", Section 36.02, "Acquisition of Personal Property,
Supplies or Contractual Services" to provide certain criteria
to make the purchasing process more effective and efficient. If
passed, Public Hearing will be held on January 29, 1991.
G. ORDINANCE NO. 7-91 : An Ordinance annexing to the City of
Delray Beach twenty-five (25) parcels of land lying and being in
Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida. This annexation is commonly referred to as West Atlantic
Avenue Annexation #3. If passed, Public Hearing will be held on
February 12, 1991.
13. Comments and Inquiries on Non-Agenda Items: ;
A. Commission
B. City Attorney
C. City Manager
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. sa~
Director of Fina c "-.'
SUBJECT: National Recognition of City Finance Department for Fiscal
Year 1989
DATE: December 17, 1990
It is with a great deal of pleasure that r inform you that the City of
Delray Beach Finance Department has received the Certificate of Achievement
for Excellence in Financial Reporting for the seventh consecutive year.
This Certificate is the highest form of recognition in governmental
accounting and financial reporting and its attainment represents a
significant accomplishment by a government and its management and employee
work force.
r would personally recommend that Milena Walinski be presented this award
on behalf of the Finance Department since this award is recognized as a
team effort. Please schedule this item for a Commission Agenda and notify
me as to the assigned date.
JMS/slh
, . Memo CITY OF DELRAY BEAC~ ti
TO: Joe Safford, Finance DATE: 1/3/91
Director
FROM: Alison MacGregor Harty
SUBJ: Presentation of Award to Finance Dept.
Just a reminder that the presentation
of the Certificate of Achievement for
Excellence in Financial Reporting is
scheduled for the January 3th City
commission meeting (item 7 .A.) .
If you have any questions, please
call.
Thanks . . .
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'It! /9/
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /911
SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 8, 1991
1991 NATIONAL DERBY RALLY AND ALL-AMERICAN SOAP BOX
DERBY
DATE: January 3, 1991
The 1991 All-American Soap Box Derby, Inc. Committee (Delray
Beach and Boca Raton Sunrise Kiwanis) has requested use of the
Linton Boulevard bridge for the purpose of holding the following
events:
Saturday, February 16th - "NDR Soap Box Rally"
Sunday, June 23rd - Practice date for AII-
American Soap Box Derby
Saturday, June 29th - All-American Soap Box Derby
The events will start at approximately 9:00 a.m. and last until
mid-afternoon. The bridge and street (from U. S. #1 to AlA) will
be closed to vehicular traffic during the hours of the race. The
races will be run down the eastbound lanes towards U.S. #1,
leaving the westbound lanes open for emergency vehicles and
pedestrians. The bridge draw span will not be affected during
any of these times, enabling the bridge to open and close normal-
ly for boat traffic.
Recommend approval of the request to close Linton Boulevard for
the 1991 All-American Soap Box Derby and the National Derby Rally
on the dates outlined above.
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[ITY OF DELRAY BEA[H
100 N,W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
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December 14, 1990
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Mr. Dale F. Morrison
Post Office Box 1289
Delray Beach, Florida 33447-1289
Re: 1991 Soap Box Derby
Dear Mr. Morrison:
Your request to close Linton Boulevard for the All-American Soap Box
Derby and the National Derby Rally will be forwarded to City
Commission in January for approval. Please contact Mr. Lee Graham
the City's Risk Manager (243-7150) to obtain information on insurance
requirements.
Also, please advise if you will again need assistance from the City,
, i.e. , stage use and set up, bleacher set-up, set-up of trash cans,
police assistance, and rescue unit.
Sincerely,
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Robert A. Barcinski
Ass~s~ant City Manager
- Administrative Services
RAB:kwg
cc: David Harden
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THF FFFnRT A I WAYS M ATTFRS
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;. DELRAY BEACH SOAP BOX DERBY
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December 6, 1990 P.O. Box 1289
Delray Beach, Florida
33447-1289
Mr. James Snelgrove .
Palm Beach County Bridges
3700 Belvedere Road
West Palm Beach, Florida 33406
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re: 1991 NDR Soap Box Rally
Dear Mr. Snelgrove:
In congunction with the 1991 All-American Soap Box Derby, the
organizing committee is planning a "NDR Soap Box Rally" for
Saturday, February 16th. This event is sponsored by the Gold Coast
All-American Soap Box Derby, Inc. committee, Delray Beach - Sunrise
Kiwanis Club and Boca Raton - Sunrise Kiwanis Club. The Derby Rally
will start at approximately 9:00AM and last until mid-afternoon.
The Derby Rally is a less formal function than the All-American
! race held in the summer. It allows racers the opportunity to
practice driving the hill and gain experience and confidence.
As in the annual All-American race, we request the use of the
Linton Boulevard Bridge. This will require that the bridqe be
closed to vehicular traffic durinq the hours of the race. The races
will be run down eastbound lanes to towards US#l, freeing westbound
lanes for emergency vehicles and pedestrians.
We will supply ample barricades with appropriate "road closed"
signage at Federal Higqway and AlA, similar to past years. Ample
- .- sanitation facilities will be provided through Waste Management.
We~ave also petitioned the City of Delray Beach for permission to !
_ . close the street between US#l and AlA, and anticipate their
'cooperation as in the past. Please notify us of any further
procedures required to obtain authorization to follow throuqh with
the above. My telephone number is 278-1002.
Sincerely,
~-v(~
Dale F. Morrison
1991 All-American Soap Box Derby, Inc. Committee
DFM/wp
cc: David Brow, Chairman
Boca Raton Sunrise . Delray Beach Sunrise I
Kiwanis Clubs '
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" DELRAy"BEACH SOAP BOX DERBY
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December 6, 1990 P.O. Box 1289
Delray Beach, Florida
33447-1289
Mr. James Snelgrove .
Palm Beach County Bridges
3700 Belvedere Road
West Palm Beach, Florida 33406
.. re: 1~91 Delray Beach Soap Box Derby
I
Dear Mr. Snelgrove:
The 1991 All-American Soap Box Derby is scheduled for Saturday,
June 29th, with a practice date of Sunday, June 23th. This annual
event is sponsored jointly by the Delray Beach - Sunrise Kiwanis
Club and Boca Raton - Sunrise Kiwanis Club. The Derby will start
at approximately 9:00AM and last until mid-afternoon.
I The 1990 All-American Soap Box Derby which was held last July was
a great success, due mainly to the outstanding effort of the City I
of Delray Beach, numerous city and Palm Beach County employees, and
civic volunteers. As in past years, the race is held on the Linton I
Boulevard Bridge. This will require that the bridqe be closed to
vehicular traffic durinq the hours of the race. The races will be
run down eastbound lanes to towards US#l, freeing westbound lanes i
for emergency vehicles and pedestrians. I
I
We will supply ample barricades with appropriate "road closed"
signage at Federal Highway and AlA, similar to past years. Ample
i sanitation facilities will be provided through Waste Management.
=: We have also petitioned the City of Delray Beach for permission to
close the street between US#l and AlA, and anticipate their
,cooperation as in the past. Please notify us of any further
- '-~rocedures required to obtain authorization to follow throuqh with
-the above. My tele?hone number is 278-1002.
Sincerely,
I
~^1~
Dale F. Morrison
1991 All-American Soap Box Derby, Inc. Committee
DFM/wp
cc: David Brow, Chairman
Boca Raton Sunrise . Delray Beach Sunrise
Kiwanis Clubs
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl~
SUBJECT: AGENDA ITEM 41= as - MEETING OF JANUARY 8, 1991
RESOLUTION NO. 1-91/BUDGET REVISIONS TO WATER AND SEWER
FUND
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DATE: January 4, 1991
The item before the Commission is a resolution amending the
anticipated revenues and expenditures for the water and sewer
fund for fiscal year 1990-91. These figures are being modified
to reflect the recent changes in rate schedules and the approved
Bond Issue validation.
For comparative purposes, the original Budget Summary as adopted
in September, 1990, is also included in the backup material. The
differences result from adding in the final capital budget,
revisions in the projected bond sale date, and the delay in
adopting the new rates.
Recommend approval of Resolution No. 1-91.
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. saf~
Director of Fi~an
SUBJECT: Resolution Number 1-9l--Budget Revisions to Water and Sewer
Fund
DATE: January 4, 1991
The budgeted revenues and expenditures for the Water and Sewer Fund are being
modified to reflect the recent changes in rate schedules and the approved Bond
Issue validation. All changes are in accordance with the Water/Sewer Rate
Study (as amended) which was prepared by Ernst and Young and approved at Pub-
lic Hearings by the City Commission.
JMS/sam
cc: Alison MacGregor Harty, City Clerk
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RESOLUTION NO. 1-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-90
WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR THE FISCAL YEAR 1990-91, BY SETTING FORTH
THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE WATER
AND SEWER FUND FOR THE FISCAL YEAR 1990-91; TO REPEAL
ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Resolution No. 71-90 be, and the same is hereby
amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit A, be and the same are hereby appropriated upon terms, conditions
and provisions hereinabove and hereinafter set forth:
Section 2. That all monies hereinbefore appropriated are
appropriated upon the terms, conditions and provisions hereinabove and
hereinafter set forth.
Section 3. That subject to the qualifications contained in this
resolution all appropriations made out of the General Fund are declared to
be maximum, conditional, and proportionate appropriations, the purpose
being to make the appropriations payable in full in the amounts herein
named if necessary and then only in the event the aggregate revenues
collected and other resources available during the period commencing the
1st day of October 1989, and terminating the 30th day of September, 1990,
for which the appropriations are made, are sufficient to pay all the
appropriations in full; otherwise the said appropriations shall be deemed
to be payable in such proportion as the total sum of realized revenue of
the General Fund is to the total amount of revenues estimated by the City
Commission to be available in the period commencing the 1st day of October,
1990, and terminating the 30th day of September, 1991.
Section 4. That all balances of the appropriations payable out of
the General Fund of the City Treasury unencumbered at the close of business
on the 30th day of September, 1990, except as otherwise provided for, are
hereby declared to be lapsed into the City Treasury and may be used for
payment of the appropriations which may be made in any appropriation for
the fiscal year commencing the 1st day of October, 1990, provided, however,
nothing in this Section shall be construed to be applicable to unencumbered
balances remaining to the credit of the Water and Sewer Fund, Sanitation
Fund or any funds created by setting up of special revenue, but such
balances shall be used in financing the proposed expenditures of these
funds for the fiscal year commencing the 1st day of October, 1990.
Section 5. That no department, bureau, agency or individual
receiving appropriations under the provision of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such department,
bureau, agency, or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
Section 6. That nothing in this resolution shall be construed as
authorizing any reduction to be made in the amounts appropriated in this
resolution for the payment of interest on, or retirement of, the debt of
the City of Delray Beach, Florida.
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Section 7. That none of the monies enumerated in this resolution
in connection with the General Fund, Water and Sewer Fund, Sanitation Fund
or any other Fund of the City shall be expended for any purposes than those
for which they are appropriated, and it shall be the duty of the Assistant
City Manager/Administrative Services based on data provided by the Budget
Director and Finance Director to report known violations of this section to
the City Manager.
Section 8. That all monies collected by any department, bureau,
agency or individual of the City Government shall be paid promptly into the
City Treasury.
Section 9. That the foregoing budget be and hereby is adopted as
the official budget of the City of Delray Beach for the aforesaid period.
Provided, however, that the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to the
lump sum amounts for classes of expenditures/expenses which have been
included in this resolution.
Section 10. That public hearings were held on the tax levy and
the budget on September 11, 1990 and September 25, 1990.
Section 11. That this resolution shall be effective ionnediately
upon passage.
PASSED AND ADOPTED in regular session on this the 8th day of
January, 1991.
MAYOR
ATTEST:
City Clerk
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[ITY DF DELIAY BEA[H
CITY A"'TORNEY'S OFFICE 3]0 S.L. ]st STREET, SUITE 4 · DELRAY BEACH, FLORIDA 33483
HI 407/243-7090 . TELECOPIER 407/278-4755
NEMORANDUM
Date: January 2, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Del Aire Country Club Median Landscaping and
Irrigation Maintenance
Our office, working closely with the County Attorney's Office,
formulated the Del Aire median agreement which the City
Commission previously approved. The City Attorney's Office and
the County Attorney's Office agreed on the indemnification
language and all other portions of the permit. However, after
, the County Attorney's Office processed the agreement through
the County's real estate management group and other depart-
ments, recommended changes in the indemnification language in
Paragraph 11, different than what was originally agreed upon by
the County Attorney's Office and the City Attorney's Office.
In essence, the revised language requires the City, to the
extent permitted by law to hold harmless and defend the County
for any cause of action of whatever type which may arise as a
resul t of the existence of the landscaping in the median and
for any potential defects in the maintenance of the median.
Originally, the indemnification only provided that the City
would indemnify the County to the extent permitted by law
regarding any cause of action relating to the maintenance
responsibilities.
Because the change is substantive, our office is putting this
agreement back on the City Commission agenda for City
Commission approval and ratification.
By copy of this memorandum to David Harden, City Manager, our
office requests that this matter be placed on the January 8,
1991 City Commission consent agenda for approval.
By copy of this memorandum to Joseph Bowman, President of Del
Aire Country Club Property OWners Association, our office is
requesting that Mr. Bowman's initial paragraph 11 as currently
,
City conunission
January 2, 1990
Page 2
exists on the original agreements which are attached to this
memo.
Our office is requesting that after Mr. Bowman initials the
agreement, that he returns the originals to our office so that
they can be properly executed by the Mayor.
Thank you for your consideration of this matter.
~
Attachment
cc: David Harden, City Manager
Joseph Bowman
". ,,'.
.
,
,
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/2784755
Permit No.
Fee:
Date:
Del Aire Country Club P.O.A.
4646 White Cedar Lane
Delray Beach, FL 33445
and
The City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Subject: Military Trail - Install Median Landscaping and
Irrigation 1400' South and 700' North Oak Boulevard /
Maintenance
Permit is hereby granted tor landscaping and maintenance within
the right-ot-way ot Military Trail, subject to your acceptance
of the following conditions:
1. That all landscaping within the right-of-way of Military
Trail shall be owned by Del Aire Country Club Property
Owners Association (Del Aire), its successors, legal heirs
and assigns.
2 . All landscaping (including grass and irrigation) located
within the medians shall be the maintenance responsibility
of the City of Delray Beach, Florida, a Florida municipal
corporation (the City) . The areas covered under the
agreement shall be the entire median. The City is not the
owner, successor, legal heir or assign of Del Aire and
shall have only those responsibilities as expressly
contained herein.
3. While the City shall be responsible for the maintenance of
all landscape materials and irrigation within the medians,
the City shall not be responsible for any improvements,
whatsoever east of the medians which may include, but not
be limited to feeder lines, pumps, pump stations, pump
systems, underground lines, electric sources.
.
~
4. Del Aire, its successors, legal heirs, and assigns shall
be responsible for every improvement of whatever kind and
maintenance thereof, east of the medians which may
include, but not be limited to feeder lines, pumps, pump
station, pump system, underground lines and electric
sources. Del Aire, its successors, legal heirs and
assigns shall be responsible for e~suring that a source of
irrigation water is available for maintenance and for
the operation of the pump station and pumping system, and
shall be responsible for all charges for electric and
other utility services.
5. The City shall be responsible for normal replacement of
landscape material, subject to budget, but shall not be
ultimately responsible for replacement of any plants,
trees, shrubs, or ground cover which have failed as a
result of irrigation which was the result of negligence on
the part of Del Aire. Del Aire, its successors, legal
heirs and assigns shall be responsible for replacement of
plant material which fails as a result of insufficient
irrigation; provided, insufficient irrigation is not a
resul t of water restrictions imposed by a governmental
entity. Upon demand by the County, the City shall be
responsible for the replacement of landscaping, subject to
a budget, which requires replacement for whatever cause.
However, the City shall seek reimbursement from Del Aire
Country Club, P.O.A. if said failure is a result of
insufficient irrigation which was a result of negligence
on the part of Del Aire Country Club P.O.A.
6. The City shall have free and unlimited access to the
irrigation system and shall determine the days and length
of the irrigation cycle.
7. Any Transfer of this Permit shall require the prior
approval of the Offices of the City Engineer, the County
Engineer.
8. That Del Aire, its successors, legal heirs or assigns,
jointly with the City, shall obtain a permit from the
Office of the County Engineer for any and all additions or
modifications to the landscaping within the right-of-way.
9. That no sight obstructions for the traveling public on
Military Trail shall be caused by the installation of the
landscaping within the right-of-way.
10. Del Aire, its successors, legal heirs or assigns, as
owner, shall upon request and within 30 days after notice
by the Palm Beach County Engineer, remove or relocate the
landscaping from the right-of-way of Military at no
expense to Palm Beach County. This request can be
initiated by the County Engineer with or without cause.
.
.
II. That the City of Delray Beach, Florida, its officers,
agents, and employees, any successors, legal heirs or
assigns, to the extent permitted by law, shall indemnify
and hold Palm Beach County harmless from any and all
claims, liability, losses and causes of action which may
arise out of the performance of this permit or the
existence of the landscaping in the County right-of-way.
The City of Delray Beach, any successors, legal heirs or
assigns, shall to the extent permitted by law, pay all
claims and losses of any nature whatsoever in connection
herewith, and shall defend all suits in the name of Palm
Beach County where applicable, and shall pay all costs of
judgements which may arise thereon. However, nothing
contained herein shall be deemed a waiver of the City's
sovereign immunity pursuant to F.S. Section 768.28.
12. 'rhat Del Aire, its successors, legal heirs or assigns, as
owner, on demand of the Palm Beach County Engineer, shall,
at its expense, promptly correct any failure of the
landscaping within the right-of-way of Military Trail that
in the County Engineer's opinion caused or contributed to
the damage or failure of any part of or drainage
facilities related thereto. Del Aire, its successors,
legal heirs, or assigns, shall in such case also at its
expense, repair the damage or failure. Palm Beach County
shall have the right to make any and all repairs, and in
the event Palm Beach County should exercise and give
effect to such right, Del Aire, its successors, legal
heirs or assigns, shall be liable to pay and indemnify
Palm Beach County upon completion of said repairs, the
final total cost of Palm Beach County thereof, including
but not limited to engineering, legal contingent cost
together with any damages, either direct or coincidental
which Palm Beach County may sustain on account of failure
of Del Aire, its successors, legal heirs or assigns, to
carry out and execute all of the provisions of the Permit.
13. That the Palm Beach County Engineer shall be the sole and
final authority as to the placement of landscaping and the
quality and quantities of materials used in the
installation of said landscaping and construction method
thereof.
14. In the event of widening or repair or reconstruction of
Military Trail and after notification from the County
Engineer, Del Aire, its successors, legal heirs or assigns
shall immediately remove or relocate the landscaping
within the right-of-way of Military Trail, Palm Beach
County.
IS. If the landscaping is not removed or relocated pursuant to
Sections IO and 13 of this Permit, Palm Beach County shall
have the right to remove or relocate said landscaping and
Del Aire agrees to pay all costs theretry incurred by Palm
Beach County.
.
16. Roadway traffic shall not be interfered with during the
hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
Traffic control for installation and future maintenance
shall be in accordance with the Florida Department of
Transportation, "Manual on Traffic Controls and Safe
Practices for Street and Highway Construction, Maintenance
and Utility Operations".
17. The installation shall be construed in full accordance
with the plans as referred to in the Permit and a set of
plans bearing the stamp of approval of the office of the
County Engineer, along with general conditions, shall be
present at the site at all times during construction. In
the event that additional construction is required within
the confines of the work, the general conditions as stated
- herein and the original permit are applicable. Deviations
from the plans shall be coordinated with the Office of the
County Engineer.
18. Notification shall be given to the Construction
Coordination Division, 684-4180, 48 hours prior to the
commencement of work. The County Engineer's Office shall
establish, at it discretion, points of construction that
require inspection. Contact the above number when the
work is deemed complete, and a final inspection shall be
held by the County Engineer's Office in the presence of a
representative of the Permit holder.
19. The City's responsibility as required herein are subject
to budget. The City's responsibility shall be reviewed
yearly at formal budget sessions. The City's
responsibilities as set forth herein shall continue from
year to year if approved as part of the budget. The City
reserves the right to withdraw from the maintenance
responsibility permitted herein, if funds are not budgeted
for maintenance, wherein Del Aire Country Club P.O.A., its
successors, legal heirs and assigns shall then assume the
responsibilities for maintenance duties and liability
arising from the maintenance responsibilities of this
permit.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to legal form
and sufficiency:
.
City Attorney
DEL AIR COUNTRY CLUB, P.G.A,
/L' 4- ~ By: ?}~ (/ ~ (3,~~~~-~1'-1 ,d
J.~
2~ss r. (Corporate Seal)
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this I{. -I~
day of ()c fo b -e 1<_ , 19 'Ie, , was acknowledged by
10se pI, S. gOWM4r1. f}p~s , on behalf of the Corporation
. /
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
tA. 19 90 .
aforesaid this J 10 - day of Ue. '1-0 6 E i{! ,
BGt1, /:J {
t\_~.1---;- ._-"-
Notary Public
My Commission Expire~:
~t{~ II. f;1 NOTARY PtI8lIC STATE or FlCRIOA
MV CCt1M'<::~'f'jJ O.P .l.JN[ \ 9. \ Qr,)2
Witne s eCtIDEO THRU GENERAl. INS.lN>.
. tLt. ~IJ-
~,
.
PALM BEACH COUNTY
By:
Witness
Witness
Approved as to legal sufficiency
and form:
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM /I ~ 0 - MEETING OF JANUARY 8, 1991
EQUIPMENT PURCHASE AND SOFTWARE LICENSE AGREEMENT
ITRON, INC.
DATE: January 4, 1991
The item before you is approval of two contracts with ITRON, INC. which provide
for the purchase of hand-held meter reading equipment and software and for
system support services, respectively.
For your information, this purchase was awarded to ITRON, INC. at a cost of
$39,193 via Bid /129-90 from the City of New Smyrna Beach, Florida, by the City
Commission at the regular meeting of July 10, 1990. Per the Budget Office,
funding is from Account /1441-5112-536-60.89 (Water & Sewer Fund/Utility Billing
-Equipment Other).
Recommend approval of the contracts with ITRON, INC.
.
.
[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.F. 1 st STREET, SUITF 4 . DELRA Y BFACH, HORIDA 334R3
407/243-7090 . TELECOPIFR 407(27R-4755
MEMORANDUM
Date: January 2, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: ITRON Contract Matter - Contract with ITRON - Meter
Readinq Devices
Our office has reviewed the attached two contracts with ITRON
which provide for the purchase of hand-held meter reading
equipment and software and for system support services,
respectively. These two contracts, by copy of this memorandum
to David Harden, should be placed on the January 8, 1991
consent agenda for City Commission consideration. The cost of
the software and hardware including on-site training is
$23,885.00 for the equipment and software and $7,410.00 for
training plus certain reimbursable expenses at cost.
The software support services contract cost is $850.50 per
quarter.
If you should have any further questions, please contact Joe
~r our office.
S : ci
Attachment
David Harden, City Manager
Joe Saf.ford, Director of Finance
Jan Williams, Director of Utility Billing
Richard Zuccaro, Director of MIS
JA/\1ES TEL t~o . 5:39
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANce LISTED BELOW HAVE BEEN ISSUED TO tHE INSURED NAMED ABOVE FOR nlE POLICY PERIOD
INDICATED. NOTWITHSTAND1NO "NY REQUIREMENT, TERM OR CONDITION OF ANY CONmACT OR OTHER DOCUMENt WITH RESPECT TO WHICH THIS
CERTIFICATE MAY aE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
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SHOULD ANY OF THE AaoVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENOEAVO~ TO
CITY OF DEL RAY BEACH MAIl. 30 DAYS WRIT'1CN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
100 N. W. 1ST AVENUE lEFT. auT fAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
DEL RAY BEACH FL.ORIDA 33444 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR I'lEPReSENTATIVES.
ATTN: CIty ATTORNEY/SUSAN ROBY , AUTHORIZED "!/lRESe:HTATIVf
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I
I CONTRACf NO. ENC-0790-297
EOUIPMENT PURCHASE AND SOFfW ARE LICENSE AGREEMENT
I This Agreement, made this day of . 19_. by and
between Itron. Inc.. a Washington corporation (hereinafter "Itron") and City of Del
Ray Beach, a Florida municipality (hereinafter "Buyer"). NOW, THEREFORE, in
I consideration of the mutual covenants and agreements hereinafter set forth, Itron
and Buyer hereby agree as follows:
I SECTION 1: Definitions
When used herein, the following terms, whether plural or singular, shall have the
meaning set forth below:
1.1 "Chanl!e Order" . An Itron document initiated by Buyer to authorize a
change to the approved System Specification Document. Such
document, upon approval, shall become a contract document.
1.2 "DataCapture System" or "System". All Equipment, Licensed Software,
and Related Documentation comprising the electronic data capture
system sold and licensed to Buyer pursuant to this Agreement.
1.3 "System Specification Document" . This document is produced by Itron
and records requirements and plans for Buyer. The document contains
a narrative and chart of the System flow, a network chart of the data
communications network, the requirements for Equipment, a definition
of input and output file structures and record layouts including the data
definitions. Buyer and Itron must mutually approve this document
prior to Installation.
1.4 "Equipment" . The components and devices designed and manufactured
by Itron for the System and sold to Buyer pursuant to this Agreement.
1.5 "Install ation". The point in time when an item of Equipment or
Licensed Software has been received and inspected by Buyer and has
been .set up for training or testing purposes.
1.6 "Licensed Software" . The program products in machine-readable form
which are contained in schedules of products offered by Itron and price
lists published by Itron from time to time during the term hereof, and
all other programs recorded on the media furnished hereunder,
including, but not limited to:
(a) any form of Itron written programming language source code
and machine-readable code derived from the source code or otherwise
supplied by Itron pursuant to this Agreement and identified in a
Schedule hereto; and
(b) any subsequent modifications, corrections or revisions to the
program products furnished to Buyer by Itron.
1.7 "Pre-Installation Orientation" That point in time when Itron presents to
Buyer the System Specification Document and trains the Buyer on the
functions and features of the System.
1.8 "Related Documentation". Any human-readable program listings, flow
charts, input and output forms, manuals, specifications, instructions,
and other materials. and any copies of any of the foregoing, in any
medium, related to the Licensed Software and delivered to the Buyer in
accordance with the provisions of this Agreement.
SECTION 2: The Licensed Software
2.1 License. Itron hereby grants to Buyer a nonexclusive, perpetual
license to use the Licensed Software, including the Related
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~ Documentation, set forth on Schedule B attached hereto. The System
r Specification Document is incorporated herein by reference.
2.2 License Fee. Buyer shall pay to Itron for the Licensed Software the
license fee(s) set forth in Schedule B. Payment of the license fee(s)
shall be in accordance with the terms set fonh in paragraph 3.3 herein.
," 2.3 hron's Propeny. The Licensed Software. including without limitation.
~ programs, Related Documentation and methods of processing, shall
remain the sole and exclusive property of Itron and shall not be sold,
t: revealed, disclosed or otherwise communicated, directly or indirectly,
Ii by Buyer to any person, company or institution whatsoever except as set
forth herein.
I 2.4 Scope of License. Buyer may use the Licensed Software on hardware
. used or owned by Buyer. The Licensed Software shall be used only for
the processing of Buyer's own business, which shall include servicing
and maintaining records on behalf of its customers. Buyer shall not:
, (a) permit any third pany to use the Licensed Software, (b) use the
I Licensed Software in the operation of a service bureau or (c) allow
access to the Licensed Software through terminals located outside of
Buyer's business premises.
I 2.5 Pro~rammin~ Lan~ua~e. The Licensed Software is written in a specific
programming language for use with operating system software. hron
, shall not be responsible for the performance of the Licensed Software
:
~ in any other programming language and operating system combination
not approved by Itron.
i 2.6 Proprietary Information. In addition to the rights and obligations set
, fonh in paragraph 5.4 herein, Buyer acknowledges and agrees that the
. information contained in the Licensed Software and Related
Documentation which is labeled as proprietary or confidential
/ information is the propeny of Itron (or another pany who has licensed
I
t' - to ,Itron), and that the proprietary information is being made available
~ to Buyer by Itron in confidence and solely on the basis of Buyer's
confidential relationship with Itron. The proprietary information is
p considered by Itron to be a trade secret of hron. Buyer will not provide
or otherwise make available any Licensed Software or Related
Documentation, in any form, without Itron's prior written consent,
~ except to employees or consultants of Buyer whose access to the
information is necessary to enable Buyer to exercise its rights under
this License, to the extent permitted by Chapter 119, Florida Statutes
~ relating to Public Law.
SECTION 3: The Equipment
3.1 fri.tt. Itron hereby sells to Buyer and Buyer hereby purchases from
\ hron the Equipment listed on Schedule C attached hereto. Prices for the
- on-order Equipment listed in Schedule C and in the System Specification
Document shall be protected from any increases for a period of one (1)
; year from the date of execution of this Agreement. Buyer shall pay for
- the Equipment in accordance with the terms and conditions set fonh
herein.
I 3.2 Delivery. The Equipment shall be delivered to Buyer within ninety (90)
days of completion of Pre-Installation Orientation. hron shall arrange
for delivery of the Equipment to the installation site designated by
Buyer. Itron shall arrange for the transportation of the Equipment and
Licensed Software.
.
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~ 3.3 Payment for Licensed Software. Equipment and Implementation
Services
.~ (a) Payment Terms. Upon execution of this Agreement, Buyer shall pay
Itron thirty percent (30%) of the total price for the Licensed Software,
Equipment, and Implementation Charges as specified in Schedules B, C,
~ and D, respectively. Upon completion of Pre-Installation Orientation,
Buyer shall pay Itron thirty-five percent (35%) of the total price for
the Licensed Software, Equipment, and Implementation Charges. Upon
delivery of the Equipment and Licensed Software, Buyer shall pay !tron
~ twenty-five percent (25%) of the total price for the Licensed Software,
Equipment, and Implementation Charges. Upon completion of
Installation and when the data collected by the System is used by Buyer
~ for customer billing purposes, Buyer shall pay Itron the remaining ten
percent (10%) of the total price for the Licensed Software, Equipment,
and Implementation Charges.
11 (b) Freiiht. In addition, Buyer shall reimburse !tron for all freight
and handling charges p-aid by Itron.
(c) Implementation Labor and On-Site Expenses. The total amount paid
by Buyer for Implementation services, in accordance with paragraph
~ 3.3(a) above, shall not exceed the amount specified for the services in
Schedule D, unless additional services other than those services
originally specified in this Agreement are performed by !tron at the
~ request of Buyer.
(d) Payment. All payments required to be made by Buyer shall be paid
within forty-five (45) days from date of invoice. All payments received
~ more than forty-five (45) days after the date of invoice shall be subject
to a late charge of one and one-half percent (1-1/2%) per month for
each month that the invoice remains unpaid.
3.4 Additional Equipment. Itron agrees to sell to Buyer Additional
~ Equipment at its then prevailing prices and terms. The purchase price
for the Additional Equipment shall be payable within forty-five (45)
days from the date of invoice consistent with paragraph 3.3(d) herein.
rtI Any representations or warranties contained in this Agreement with
respect to the System, shall be applicable to the Additional Equipment.
3.5 Site Preparation. Buyer shall be responsible for supplying such space,
lighting, utilities, communications facilities, air conditioning and other
, environmental requirements for the Equipment as Itron may
reasonably require. Itron shall inspect the installation site and shall,
in writing, either acknowledge that the site is suitable for effective
1M installation and operation of the System or shall advise in what respect
the installation site does not comply with the stated requirements
furnished by Itron.
~ 3.6 Iitl!i.. Title to the Equipment shall pass to Buyer upon Buyer's receipt
thereof. Jtron shall, at its own risk, transport the Equipment to
locations specified by the Buyer. Buyer shall, as provided in paragraph
3.3(b), be obligated to promptly reimburse Jtron for all transportation
~ costs incurred by Itron.
3.7 Equipment Modification. In the event Buyer wishes to modify the
Equipment or use any non-Itron attachment, feature, or device on the
~ Equipment, or any part thereof, it shall first notify Jtron in writing.
Buyer shall be entitled to modify the Equipment or install such
I attachment, feature or device, without affecting Itron's representations
; and warranties hereunder as to the Equipment, only if Itron, within a
II reasonable time, not to exceed thirty (30) days, p.rovides written notice
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to Buyer stating it concludes such modification, feature or device will
not adversely affect its obligations hereunder. If Buyer modifies the
Equipment or employs such attachment, feature or device without
receipt of such notice, Itron shall not be liable for those
representations and warranties which it reasonably concludes would be
adversely affected.
Buyer understands that Itron, by not objecting to the use of such
attachment, feature or device, does not in any way represent or warrant
such attachment, feature or device, including its performance in
conjunction with the Equipment.
SECTION 4: Warranty and Warranty Exclusions
4.1 W arranty. Itron warrants that each item of Equipment will be free
from defects in material and workmanship and the Licensed Software
shall perform in accordance with the System Specification Document
for a period of ninety (90) days from date of Installation. Buyer agrees
to furnish Itron full and free access to said Equipment and Licensed
Software.
Itron shall repair or provide an equivalent replacement of any item of
Equipment and Licensed Software deemed defective at no charge to
Buyer during this warranty period.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
4.2 Warranty Exclusions. The warranties provided by Itron under this
Agreement do not include the following services, but if such services
are available, they can be provided by Itron under this Agreement at
Itron's then applicable time and material charges and travel expenses
unless such activities are provided under another written agreement
signed by Buyer and Itron.
(a) Repair of damage or increase in service time caused by failure to
continually provide a suitable installation environment with all
facilities prescribed by the applicable Itron installation manual.
(b) Repair of damage or increase in service time caused by the use of
the Equipment for other than data processing purposes for which
designed; or neglect or misuse.
(c) Repair of damage caused by accident, disaster, which includes, but is
not limited to fire, flood, water, wind, lightning, transponation
subsequent to delivery, or force majeure.
(d) Repair of damage or replacement of pans caused by sabotage,
neglect, or purposeful misuse.
(e) Inspection of altered Equipment, repair of damage or increase in
service time caused by alterations not authorized by Itron, which
alterations include, but are not limited to, any deviation from Itron's
physical, mechanical or electrical Equipment design.
(t) Repair of damage or increase in service time caused by the
conversion from one Itron model to another or the installation or
removal of an Itron feature whenever any of the foregoing was
performed by other than Itron or its authorized agents.
(g) Service time and materials associated with the rearrangement or
relocation of Equipment.
.
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~ SECTION 5: Ri~hts and Obli~ations
5.1 Patents and Copyri~hts. Itron will indemnify, hold harmless, and
~ defend Buyer against a claim that Equipment or Licensed Software
supplied hereunder infringes a U.S. patent or copyright, or that the
Equipment's operation pursuant to a current release and modification
~ level of any programming supplied by Itron infringes a U.S. patent, and
Itron will pay resulting costs, damages and attorney's fees finally
awarded, provided that:
(a) Buyer promptly notifies Itron in writing of the claim; and
I (b) Itron has sole control of the defense and all related settlement
negotiations.
, Itron's obligation under this Section is conditioned on Buyer's
~ agreement that if the Equipment, or the operation thereof, or the
Licensed Software, becomes, or in Itron's opinion is likely to become the
subject of such a claim, Buyer will permit Itron, at Itron's option and
expense, either to procure the right for Buyer to continue using the
~ Equipment or Licensed Software or to replace or modify the same so that
they become noninfringing; and if neither of the foregoing
alternatives is available on terms which are reasonable in Itron's
~ judgement, Buyer will return the Equipment or Licensed Software on
written request to Itron. Itron shall refund to Buyer the undepreciated
value of such returned Equipment and Licensed Software using a ten
(10) year straight line basis.
, Itron has no liability for any claim based upon the combination,
operation or use of any Equipment or Licensed Software supplied
hereunder with equipment or. software not approved by Itron, or based
\ upon alteration of the Equipment or modification of any Licensed
I Software supplied hereunder.
The foregoing states the entire obligation of Itron with respect to
infringement of patents, copyrights, trade secrets or other proprietary
property.
5.2 Limitation of Liability. IN NO EVENT SHALL ITRON, BE LIABLE,
WHETHER IN CONTRACT, IN TORT OR ON ANY OTHER BASIS, FOR
ANY DAMAGES SUSTAINED BY BUYER OR ANY OTHER PERSON
ARISING FROM OR RELATED TO LOSS OF USE, FAILURE OR
INTERRUPTION IN THE OPERATION OF ANY EQUIPMENT OR
LICENSED SOFTWARE, OR FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT DAMAGES OR LIABILITIES OR FOR LOSS OF REVENUE,
LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF
OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE,
PERFORMANCE, FAILURE OR INTERRUPTION OF THE EQUIPMENT
OR LICENSED SOFTWARE. However, nothing contained herein shall
prohibit Buyer from taking any action permitted by law to enforce the
terms of this Agreement.
5.3 Support Service. Itron warrants that the Equipment and Licensed
Software are eligible for support service under Itron's standard support
agreement. The fee for support service shall be at Itron's then
prevailing rates. At Buyer's option, the support agreement may
commence on the date of expiration of the initial warranty period for
the Equipment and/or Licensed Software.
5.4 Confidentialitv. To the extent permitted by Chapter 119, Florida Statutes,
Itron and Buyer agree to hold in strictest confidence all information
and material which is related to either pany's business, which is
designated as proprietary and confidential herein, or which is related to
the performance, by the parties of their obligations under this
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I Agreement. Proprietary and confidential information includes, but is
not limited to information related to research, development, pricing,
trade secrets, customer lists, salaries or business affairs of the parties to
, this Agreement. The parties' obligations of confidentiality under this
Agreement shall survive termination of this Agreement.
5.5 Source Code. Upon Buyer's request, Itron shall provide to Buyer, at
I Itron's then current prices, all current source codes for the Licensed
Software provided hereunder to the extent Itron is not in breach of any
third party agreements. Notwithstanding the foregoing, in the event
, Itron becomes unable to support the Licensed Software, Itron shall, at
no cost to Buyer, provide Buyer with the most recent version of the
source and object code.
5.6 Taxes. Buyer is a tax exempt entity in the State of Florida. Upon
, execution of this Agreement, Buyer shall provide Itron with a copy of
its Tax Exemption Certificate.
5.7 Law Compliance. Itron shall comply with provisions of the Federal Fair
, Labor Standards Act and with all other applicable federal, state and local
laws, rules, regulations and ordinances in the design, manufacture, sale,
pricing and delivery of the Equipment and Licensed Software, including
all laws prohibiting discrimination in employment, to the extent that
, such laws pertain to Itron.
5.8 Term and Termination.
(a) Termination. This Equipment Purchase and Software License
t Agreement shall become effective upon execution by Itron and
Buyer and shall terminate:
(1) Thirty (30) days after a party gives the other party notice
t of that party's material breach of any provision of this
Agreement, unless the other party has made progress in
curing the breach to an extent satisfactory to the
nonbreaching party,
I (2) Immediately upon any attempt by a party to assign,
delegate, sublicense or otherwise transfer this Agreement,
the Licensed Software, the Related Documentation, or any
t of its rights or obligations under this Agreement without
the prior written consent of the other party,
1 (3) At a party's option, upon ten (10) days written notice of
termination, if the other party becomes insolvent, executes
1 an assignment for the benefit of creditors, or becomes
subject to bankruptcy or recei vershi p proceedings.
(b) Ri~hts and Obli f:ations Upon Termination. Upon termination of
{ this Agreement:
J (1) Buyer's obligations under paragraphs 3.3(a) ("Payment"),
1
2.6 ("Proprietary Information") and 5.4 ("Confidentiality")
\ shall survive the termination,
l (2) Buyer's Software License rights under Section 2 shall
immediately cease,
(3 ) Buyer shall delete the Licensed Software from all other
software into which it has been merged; shall immediately
deliver to Itron or destroy all copies of the Licensed
Software and Related Documentation; provided that, upon
Itron's written consent, Buyer may retain one (1) copy of
the Licensed Software and Related Documentation for
archive purposes only; and
(4) Buyer shall, within one (1) month after. the termination of
this Agreement, certify in writing to Itron that, to the best
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- of Buyer's knowledge. all copies of the Licensed Software
and Related Documentation have been returned or
~ destroyed. except for any archive copy permitted under
paragraph 5.8(b)(3).
(c) Each party's right to terminate as expressed in this Agreement
I shall be in addition to any other rights, legal or equitable,
~ provided by law.
5.9 Term and Termination after System Test. Upon delivery and Installation
j of the System at Buyer's premises. Itron and Buyer will commence a test
I
- of the System in accordance with the testing procedure outlined and
agreed to in the System Specification Document.
\ If at the completion of the test period the System does not perform in
1
j accordance with the System Specification Document and such
- performance deviations have not been corrected within a mutually
agreeable period of time from the completion of the test period, then
Buyer may notify Itron in writing of its intent not to accept the System,
I in which case. Itron shall remove all Equipment and Licensed Software
from the premises and refund all monies paid to Itron by Buyer for said
Equipment, Licensed Software, related shipping charges and applicable
I taxes. In such case. Buyer's total liability to Itron shall be for labor for
services, and travel and per diem expenses accrued up to the time of
Equipment and Licensed Software removal. In any case, this amount is
not to exceed the amount agreed to for such services in the System
I Specification Document. It is agreed that deviations from performance
of the System. as specified in the System Specification Document, which
would cause Buyer to cancel this Agreement would be substantial in
I nature and that a list of "minor" Licensed Software inconsistencies
(bugs) may be provided to Itron by Buyer prior to the completion of the
test phase. These inconsistencies will be corrected by Itron in a
i mutually agreeable period of time following completion of the test
t phase, but these items shall not be cause for Buyer to cancel this
Agreement.
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, SECTION 6: General
6.1 Force Majeure. Neither party hereto shall be responsible for any
failure or delay in the performance of any obligation hereunder if such
I failure or delay is due to a cause beyond the party's control, including,
1 but not limited to acts of God. flood, fire. volcano. war. third-party
. suppliers, labor disputes or governmental acts.
6.2 Notices and Requests. All notices and requests in connection with this
, Agreement shall be given or made upon the respective parties in
writing and shall be deemed to be given as of the day such notice or
request is deposited in the U.S. mails, postage prepaid, certified or
\ registered, return receipt requested. addressed as follows:
Buyer: CITY OF DEL RAY BEACH
100 N.W. First Ave.
Del Ray Beach, FL 33444
I Attn: Ms. Ian Williams
, Itron: ITRON. INC.
E. 15616 Euclid Ave.
f Spokane, W A 99216
Attn: Contract Administrator
I or to such address as either party designates by written notice to the
I other. .
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6.3 Entire A~reement. Each party acknowledges that it has read this
Agreement, understands it, and agrees to be bound by its terms and
further agrees that it is the complete and exclusive statement of the
agreement between the parties, which supersedes and merges all prior
proposals, understandings and all other agreements, oral and written
between the parties relating to the subject matter of this Agreement.
This Agreement may not be modified or altered except by a written
instrument duly executed by both parties.
6.4 Governin~ Law. This Agreement and performance hereunder shall be
governed by and construed in accordance with the laws of the State of
Florida.
6.5 Enforceability and Attorneys' Fee. If any provision in this Agreement
shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall in no way
be affected or impaired thereby. In the event of litigation to enforce
the terms of this Agreement, the prevailing party shall be entitled to a
reasonable attorney's fee, both at the time of trial and on appeal.
6.6 No Waiver. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any right
hereunder.
6.7 A s s i ~n m en 1. This Agreement and the rights and duties hereunder shall
not be assignable by a party hereto except upon written consent of the
other.
6.8 Insurance. Itron will maintain in full force during the term of this
Agreement, Comprehensive General Liability Insurance,
Comprehensive Automobile Liability Insurance, and Worker's
Compensation Insurance policies. Such policies shall be evidenced by a
certificate of insurance to be issued to Buyer, naming Buyer as an
additional insured, as its interests may appear. Such policies shall be
endorsed to provide thirty (30) days notice to Buyer of cancellation,
non-renewal or reduction in coverage.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the date and
year first above written by their duly authorized representative.
BUYER: CITY OF DEL RAY BEACH
By
Title
ITRON, INC.
By
Title
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SCHEDULE A
{, SYSlEM SPECIFlCATION DOCUMENT
(to be attached hereto during Pre-Installation Orientation)
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SCHEDULE B
~: LICENSED SOFIW ARE
(includes programs, documentation and training manuals)
-: Unit Extended
License License
Iw.n ~ Model Description ~ P1:lli<
. 1. 1 Software Encore Meter Reading $4,200 $4,200
Software License
Total $4,200
II SCHEDUlE C
. EQUIPMENT
Unit Extended
Purchase Purchase
d1 llil!l ~ Model Description ~ ~
1. 6 500-0112-004 DataCap H w1256K RAM $3,285 $19,710
I 2. 1 610-0001-006 DCMU 600 2,760 2,760
3. 1 500-0052-004 Battery Charging System 603 740 740
" 4. 1 510-0124-001 PS/2 Bisync Interface Kit 675 675
(
- Total $23,885
~ SCHEDULE D
IMPLEMENTATION CHARGES
Implementation Labor and Per Diem Expenses $7,410*
*Price includes four (4) days on-site support, training and expenses by Itron Project Manager
for up to four (4) of Buyer's personnel during Pre-Installation Orientation; Programming
Consultation; and five (5) days on-site support and expenses by Itron for Installation of one
office.
This price does not include two (2) round trip airfares by !tron, which shall be invoiced at
actual, as incurred.
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I CONTRACf NO. ENC-0790-297
TERMS AND CONDITIONS FOR SYSTEM SUPPORT SERVICES
I This Agreement is made this day of , 19_, by and
between Itron, Inc., a Washington corporation (hereinafter "Itron") and City of Del
Ray Beach, a Florida municipality, (hereinafter "Customer"). NOW, THEREFORE, in
.., consideration of the mutual covenants and agreements hereinafter set forth, !tron
. and Customer hereby agree as follows:
I SECTION 1: Tenn of A~eement
This Agreement shall be effective from the date accepted by Itron and shall remain
in force for at least one (1) year after the warranty expiration date on the initial
IiiI Equipment (the "anniversary date"). After such one (1) year period, the Agreement
. may be terminated for convenience by either party upon ninety (90) days prior
written notice.
II SECTION 2: Support Service
Itron shall provide Support Service to keep the Equipment and Licensed Software,
listed on Schedule A, in good working order. Support Service shall include labor,
I. parts, tools, and test equipment necessary for the service and support of the items
being serviced. New or equivalent to new standard parts shall be used in effecting
. , repairs. Parts shall be provided on an exchange basis and replaced pans shall
become the property of Jtron. Customer shall provide facilities for storage and
III safekeeping of spare parts and test equipment and a working area for the use of
.. Itron's Field Engineers within a reasonable distance of the Equipment to be serviced.
System Support Service will be delivered pursuant to Itron's Total System Support
Service Policy: Meter Reading Applications. as may be amended each year.
SECTION 3: Ouarterly Char~es
Support Service for each item of Equipment and Licensed Software shall commence
upon the expiration of the warranty period for said item. The quarterly charge, as
specified in Schedule A for the current quarter, is due and payable upon expiration
of the initial warranty period on the initial Equipment. Upon completion of all
warranty periods, (if more than one (1) Installation date) Customer shall receive a
credit on the initial quarterly charge paid. Such credit shall be based upon the
actual warranty expiration dates. Any subsequent quarterly charge shall be due and
payable upon the first day of each quarter. Itron may not change the quarterly
charge prior to the initial anniversary date, and thereafter only upon written notice
at least ninety (90) days prior to any subsequent anniversary date. Any adjusted rate
may not exceed Itron's published rates for commercial users in effect on the
adjustment date nor exceed the rate charged for the previous year by more than ten
percent (10%). Any such adjusted rates shall become effective on the date specified
in the notice unless the Customer exercises the option to withdraw the affected items
from this Agreement. There shall be no additional charge for travel expense
associated with services performed except that actual travel expense shall be charged
in those instances when the site at which the item is located is not normally
accessible by private automobile or scheduled public transportation.
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r SECfION 4: Taxes
Customer is a tax exempt entity in the State of Florida. Upon execution of this
I Agreement, Customer shall provide Itron with a copy of its Tax Exemption Certificate.
SECfION 5: Risk of Loss
Customer shall bear the entire risk of loss, damage, destruction or theft of the
1 Equipment or Licensed Software for any reason, other than negligence of Itron, its
employees or authorized agents, during the term of this Agreement. Customer agrees
that Itron shall not be liable to Customer for loss of profit or other financial loss
I resulting from the loss of business which may be caused, directly or indirectly, by
the inadequacy of any items of Equipment or Licensed Software for any purpose or
any use thereof or by any deficiency or defect therein. However, nothing contained
herein shall prohibit the Customer from taking any action permitted by law to
I enforce the terms of this Agreement.
SECTION 6: Access to the Equipment and Licensed Software
I Itron shall have full and free access to the Equipment and Licensed Software to
provide service thereon. If persons other than authorized Itron representatives
shall perform maintenance or repair of the Equipment or Licensed Software, and as a
I result, further repair by Itron is required, such further repairs shall be made at
Itron's applicable time and material rates and terms then in effect. Customer
represents that it is the owner of the Equipment serviced under this Agreement, or,
if not the owner, has authority from the owner to include the Equipment under this
I Agreement.
SECfION 7: En~ineerine: Chan~es
I Engineering changes, Maintenance, Licensed Software Releases, Updates, or
Enhancements (as defined in Itron's Total System Support Service Policy) determined
applicable by Itron shall be controlled and installed by Itron at no additional charge
I to Customer on Equipment or Licensed Software covered by this Agreement:
Customer may, by providing notice subject to written confirmation by Itron, elect to
have only mandatory changes, as determined by Itron, installed on Equipment or
Licensed Software so designated. Itron reserves the right to charge, at its applicable
I time and material rates and terms then in effect, for additional service time and
replacement parts when such additional service and parts are required due to the
conversion from one Itron model to another or the installation or removal of an
I Itron feature whenever any of the foregoing was performed by other than Itron.
SECfION 8: Transfer of Equipment
Any transfer of Equipment designated for stationary use by Customer requires
I written notification to Itron within thirty (30) days of such transfer. Customer shall
be responsible for knowledge of the location of each item of Equipment and for any
damages or malfunctions arising from such relocation.
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I SECfION 9: Equipment Chan~es
Changes requested by Customer. in Equipment specifications, attachments. or
features may result in an adjustment of the specified basic quarterly charge.
I SECTION 10: Early Termination
Any of the following events shall constitute default:
~ (a) Failure by Customer to pay the quarterly charge within forty-five (45) days
after the date of invoice.
(b) Any breach or failure by a party to observe or perform any other obligations
I hereunder and the continuance of such default for fifteen (15) days after
notice in writing to that party of the existence of such default, unless the
party in default has made progress in curing the default to an extent
satisfactory to the nondefaulting party.
, (c) Insolvency or bankruptcy of a party or the making by that party of an
assignment for the benefit of creditors or the consent of that party to the
appointment of a trustee or receiver for that party or for a substantial part of
f its property.
(d) The institution by or against a party of bankruptcy. reorganization.
, arrangement insolvency proceedings.
or
Upon the occurrence of such default, the other party may, at its option and without
j notice to or demand on the party in default. declare this Agreement terminated and
I thereupon all accrued charges shall become immediately due and payable.
SECTION 11: General Provisions
(a) Modification of Equipment or Licensed Software. I1ron's obligations
hereunder shall be void in the event Customer, without Itron's prior written
approval, makes any modification, alteration or change upon the Equipment
or Licensed Software or uses additional attachments, features or devices in
connection therewith.
(b) Sublease and . Assi~nment. Neither party may sublease or assign its rights or
obligations under this Agreement without the written consent of the other
party. Upon an assignment by Itron. it hereby shall transfer all its rights
hereunder, free of all defenses, setoffs, or counterclaims which Customer may
be entitled to assert against Itron. No such assignee shall assume or undertake
any obligation of Itron created hereunder without assignee's written
acceptance thereof expressed in the instrument of assignment; and Customer
shall continue to look to Itron for performance of such obligations. Customer
agrees to honor any assignment made hereunder; and thereafter, to pay all
amounts due by it to assignee, to the extent of its rights and subject to
Customer's rights hereunder. A successor in interest by merger, operation of
law, or purchase of the entire business of either party shall acquire all
interest and be subject to all obligations of such party hereunder.
(c) Successor Liability. This Agreement is binding upon and shall inure to the
benefit of the parties, their successors in interest and assigns (as limited by
II(b) above).
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(d) Interpretation of Aireement. This Agreement shall be interpreted under and
enforced in accordance with the laws of the State of Florida.
(e) Severability. If any part of this Agreement is judicially determined to be
invalid, the parties agree that all remaining parts shall retain their full force
and effect.
(f) Modification of Aireement. No part of this Agreement may be deleted,
changed or expanded without the express written consent of both parties.
(g) Concurrent Remedies. No right or remedy herein conferred upon or reserved
to either party is exclusive of any other right or remedy herein or by law or
equity provided or permitted; but each shall be cumulative of every other
right or remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise and may be enforced concurrently therewith
or from time to time.
(h) Notices and Requests. All notices and requests in connection with this
Agreement shall be given or made upon the respective parties in writing and
shall be deemed to be given as of the day such notice or request is deposited in
- the U.S. mails. postage prepaid. certified or registered, return receipt
requested. addressed as follows:
Customer: CITY OF DEL RAY BEACH
100 N.W. First Ave.
Del Ray Beach, FL 33444
Attn: Ms. Jan Williams
Iuon: lTRON. INC.
E. 15616 Euclid Ave.
Spokane, W A 99216
Atto: Contract Administrator
or to such address as either party designates by written notice to the other.
(i) Entire Aireement. The terms and conditions of this Agreement supersede
those of all previous agreements between Itron and Customer with respect to
service of tbe Equipment and Licensed Software. Any terms and conditions
appearing on Customer's purchase orders or authorizations shall not apply to
or become a pan of this Agreement.
SECfION 12: Responsibility
Jtron shall not be responsible for any loss, propeny damage, personal injury or
expenses. including legal expense. incurred by any employee, agent, invitee or
licensee of Customer or any other person other than employees or authorized agents
of Jtron regardless of how caused. if arising out of the use or possession of the
Equipment or Licensed Software by Customer, unless such loss, propeny damage,
personal injury or expense. including legal expense. is caused by the negligence of
Jtron, its employees, or authorized agents.
SECfJON 13: Exclusions
(a) Support Service under this Agreement shall not include electrical work or
Customer change external to the Equipment, nor:
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1 ) The furnishing of supplies or accessories; painting or refinishing the
Equipment or furnishing material thereof;
2) Making the Customer sponsored specification changes; or adding or
removing accessories, attachments or other devices;
3) Performing services connected with relocation of Equipment, repair of
damage resulting from accident, transportation subsequent to delivery,
neglect, misuse or abuse, lack of reasonable care, failure of electrical
power, air conditioning, or humidity control, causes other than
ordinary use, or failure or malfunction of attached, related, collateral or
ancillary equipment not covered by this Agreement.
4) Service which would be impractical for Itron's Field Engineers to
render because of alterations in the Equipment or its connection by
mechanical or electrical means to another machine or device.
(b) Itron is not responsible for Equipment or Licensed Software failure due to
causes beyond the control of Itron, or failure to render service due to causes
beyond the control of Itron. ITRON WILL NOT IN ANY EVENT BE LIABLE
TO THE CUSTOMER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR EXEMPLARY DAMAGES.
SECTION 14: Other Service
When Customer requests service outside the scope of this Agreement, it shall be I
furnished at Itron's applicable time and material rates and terms then in effect. I
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement the date and
year first above written by their duly authorized representative.
CUSTOMER: CITY OF DEL RAY BEACH I
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By
I Title
ITRON, INC.
( By
Title
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I SCHEDULE A
I EQUIPMENT AND LICENSED SOFIW ARE SUPPORT CHARGES
Total
Iwn .Qtt Model Description Ouarter1y Char~e
! 1. 6 500-0112-004 DataCap H wf}.56K RAM $459.00
2. 1 610-0001-006 DCMU 600 87.00
I 3. 1 500-0052-004 Battery Charging System 603 24.00
4. 1 510-0124-001 PS/2 Bisync Interface Kit 25.50
5. 1 Encore Software 255.00
I Total $850.50
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.I. 1st STREET, SUITE 4. DELRAY BEACH, ILORIDA 33483
MEMORAND't.JlM243-7090 · TFLFCOPILR 407/278-4755
Date: January 3, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Sunshine Telephone, Inc.
Sunshine Telephone, Inc. is in bankruptcy and has submitted a
reorganization plan to the City for its approval. Sunshine
Telephone, Inc. owes the City gross receipts taxes for the
provision of telecommunications services within the City,
pursuant to Section 50.IS of the Code of Ordinances of the City
of Delray Beach, Florida.
The reorganization plan provides that the City of Delray Beach,
along with eight other cities is due, in the aggregate,
approximately $9,000 which will be paid in four quarterly
installments at 12% interest per annum commencing 90 days after
the effective date of the plan.
The Bankruptcy Order fixing time for the filing acceptances of
the plan requires that the City by ballot accept or reject the
reorganization plan and forward the ballot to the Clerk of the
Court by January 25, 1990.
Our office has talked to Sunshine Telephone, I nc. ' s attorney
and proposed trustee in the reorganization and Richard
Kirkwood, President of Sunshine Telephone, Inc. regarding the
exact amount of money due the City. The amount due the City is
$281.00 from the period of January 1, 1989 to November 3, 1989.
This is the amount subject to quarterly payments plus interest.
The City will also be paid approximately $30.00 per month for
the period after November 3, 1989 to December 31, 1990. While
the numbers involved are small, it appears in the City's best
interest to support the reorganization plan in order to ensure
there is an existing company to pay the telecommunications tax.
By copy of this memorandum to David Harden, City Manager, our
office requests that the approval of the organization plan be
placed n the City Commission's January 8, 1991 consent agenda.
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nclosures
cc David Harden, City Manager
Joe Safford, Director of Finance
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UNITED STATES BANKRGPTCY COURT
MIDDLE DISTRICT OF FLORIDA,
ORLANDO DIVISION
CASE NO. 89-03881-6Cl
IN RE: FILED
ORLANDO, flORIDA
SUNSHINE TELEPHONE, INC.
Debtor. AUG 09 1990
/ CLERK, U. s. BANKRUPTCY COURT
MIDDLE DISTRICT Of FlORIDA
PLAN OF REORGANIZATION
The Debtor, SUNSHINE TELEPHONE, INC. , hereby submits its
Plan of Reorganization:
ARTICLE I
CLASSIFICATION OF CLAIMS AND INTERESTS
The Debtor hereby designates the following classes of claims
and interests, except for claims having priority under sections
507 (a) (1), 507(a)(2) and/or 507 (a) (7) of the l3ankruptcy Code:
L CLASS A. The secured, priority, and unsecured claims of
Bay communications, Inc. , Robert Sheehan and Kathleen Creary,
which originally aggregated $124,000, but \'lhlch were settled for
$58,000, These clalm[:; are secured by a blanket lien on all of the
Debtor's assets.
2. CLASS B. The secured claims of JOSE:ph Kirkwood, Joseph
Le n t z , Richard and nary Kathleen Kirkwood and Hussell Kirkwood,
in the approximate iuoount of $65,500. 'l'h(~se claims are secured
by a blanket lien on all of the Debtor's assets.
3. CLASS C. The claims of all unsecured creditors as they
may be respectively allowed. These claims were scheduled at
approximately $502,000, of which approximately $179,000 have been
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'scheduled as disputed.
4. CLASS D. The interests of Robert Sheehan and Kathleen
Creary who are minority, dissenting stockholders.
5. CLASS E. The interests of all other stockholders.
ARTICLE II
CLASSES NOT IMPAIRED BY PLAN
The interest of the stockholders in CLASS E, above, are not
impaired by this Plan. All other classer; of claims and/or
interests are impaired. by this Plan and are treated below.
ARTICLE III
TREATMENT OF CLASSES IMPAIRED BY PLAN
l. CLASS A. The holders of all claims in this class shall
be paid in full at the rate of $5,800, per month for eight (8)
months as ~rovided in a Settlement Agreement between the parties
dated April 30, 1990.
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2. CLASS B. Creditors in this class should be paid in full
after the claims of unsecured creditors (Cla~;s C) have been paid
in full. Pending full payment of all clClim~; in this class, the
holders shall retain t~eir security. In the evm1t that this Plan
is not accepted by all classes of creditors and confirmed by the
court, this subordinate provision shall be ineffective.
3. CLASS C. The holders of all claims in this class shall
receive, on the effective date of this Plan, the Debtor's non-
interest bearing, unsecured, sinking fund promissory notes (form
attached as ~xhibit "All) for one hundred (loot) percent of the
amount of their allowed claims, in the following matter:
(a) There is hereby created a sinking fund into which
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'the Debtor shall deposit quarterly, seventy-five percent (75%) of
its "cash profits". The term "cash profits" as used in this
Plan, is defined as the amount of cash sales during each calendar
quarter, plus credit sales from the same or prior quarters, which
are collected during the quarter, minus: (i) operating expenses,
(i i) reserves for payment of current state and Federal income
taxes, (iii) payments on secured claims, if any, and (iv)
payments on priority claims. said deposits shall be made within
fifteen (15) days after the end of each quarter, beginning the
first complete quarter after the effective date of this Plan.
(b) The remaining twenty-fiv~ percent (25%) of such'
"cash profits" may be retained by the Debtor-to build up its
working capital, or may, at the Debtor's sole option, be
deposited into the sinking fund.
(c) The Debtor's Attorney, ROBER~r H. ROTH, ESQUIRE,
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shall be the Trustee of said sinking fund, and said Trustee shall
make distribution to each creditor in this class, on a pro-rata
basis, as soon as practicable after receipt of such funds, except
that if the quarterly distribution to any creditor is less than
Ten Dollars ($10.00), the Trustee may accumulate funds for such
creditor until a distribution of Ten Dollars ($10.00) or more can
be made. The Trustee shall also furnish the creditors in this
class with an accounting at least annually. The said Trustee
shall receive reasonable compensation f()r his services at the
rate of 2% of all funds accounted for by him and reimbursement
for his expenses, which shall be paid out of the sinking fund.
Said sinking fund shall continue until all claims in Class Dare
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'paid as provided above.
4. CLASS D. The Debtor corporation shall redeem the stock
of these two individuals for $1,000 as provided in the Settlement
Agreement dated April, 30, 1990, and approved by Order of Court
dated July 17, 1990. Said capital stock, which is without value
at the present time, shall be re-issued to Debtor's Attorney,
ROBERT H. ROTH, ESQUIRE, as additional compensation for his
services herein.
ARTICLE IV
UNIFORMITY OF TREATMENT
Each claim or interest of a particular class shall receive
the same treatment unless the holder of a particular claim or
interest agrees, in writing, to a less favorable treatment of
such particular claim or interest.
ARTICLE V
PROVISIONS FOR TREATMENT OF
UNCLASSIFIED CLAIMS AND ADMINISTRATIVE EXPENSES
l. Such administrative expenses as m~y be allowed under
section 503 (b) of the Bankruptcy Code, and any fees and charges
assessed against the Estate under Title 2B, u.s.c., section 123,
shall be paid in full on the effective date cf this Plan, except
to the extent that the holder of a particular claim has agreed,
in writing, to a different treatment of such claim.
2. Claims owing to the cities of Boca Raton, Del Ray Beach,
Fort LaUderdale, Lake Worth, Orlando, Pompano Beach, st.
Petersburg, Tampa and West Palm Beach, Florida, which are mostly
for Gross Receipts Taxes, and which aggregate approximately
$9,000, will be paid in four ( 4 ) quarterly installments,
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"including interest at 12% per annum commencing 90 days after the
effective date of this Plan.
3. Approximately $6,000 is due to tIle INTERNAL REVENUE
SERVICE for pre-petition Federal Excise Taxes. This sum will be
paid in four quarterly installments, including interest at 12%
per annum commencing 90 days after the effective date of this
Plan.
ARTICLE VI
MEANS FOR IMPLEMENTATION OF PLAN
The Debtor shall retain its property and shall continue its
long distance telephone operations. Cash profits from these
operations will be used to fund the Plan.
ARTICLE VII
AMENDMENTS TO DEBTOR'S CORPORATE CHARTER
Upon the effective date of this Plan of Reorganization, the
Debtor shall amend its corporate Charter to include a provision
prohibiting the issuance of nonvoting equity securities, and
providing, as to the several classes of securities possessing
voting power, an appropriate distribution of such power among
such classes, including, in the case of any class of equity
securities having a preference over another class of equity
securities with respect to dividends, adequate provisions for the
election of dir~ctors representing such preferred class in the
event of default in the payment of such dividends.
ARTICLE VIII
ASSUMPTION, REJECTION, OR ASSIGNNENT OF
EXECUTORY CONTRACTS OR UNEXPIRED LEASES
The Debtor hereby rejects any and all Executory Contracts
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"and/or leases, not heretofore assumed.
ARTICLE IX
SALE OF PROPERTY OF THE ES'I'A'[,E
No property of the estate is to be sold. 'I'he sole means of
funding this Plan of Reorganization shall be through the
continuation of the Debtor's long distance t:elephone operations
as provided in Article V above.
ARTICLE X
EFFECTIVE DATE
The effective date of this Plan of Reorganization shall
be 30 days after the entry of an Order Of Confirmation, provided
however, that no appeal shall have been taken from the Order Of
Confirmation, and, in the event of such an appeal, the effective
date shall be 30 days after the determination of the appeal if
the Order Of Confirmation is affirmed, or 30 days after the entry
of an Amended Order Of Confirmation if the original Order Of
Confirmation is reversed with directions for further proceedings.
This Plan of Reorganization is dated at Orlando, Florida
this 8'fb day of August, 1990.
SUNSHINE TELI!:PHONE, INC.
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32802
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SINKING FUND
PROMISSORY NOTE
Orlando, Florida , 19
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For value received, and in accordancl~ with the Plan of
Reorganization of the undersigned corporation in Case No. 89-
03881-BKC-6C1, currently pending in the united states Bankruptcy
Court for the Middle District of Florida, Orlando Division, under
Chapter 11 of the Bankruptcy Code, said Plan of Reorganization
being dated June , 1990, and having been confirmed by Court
Order dated , 1990, the undersigned corporation,
as maker, hereby promises to pay to the order of
at ,
Florida, -------, or at such other address as the holder
hereof may designate in writing to the maker c/o ROBERT H. ROTH,
ESQUIRE, P. o. Box 976, Orlando, Florida, 32002, the principal
sum of $ . Said sum is payable, without interest, out
of the Sinking Fund provided for Class "e" creditors under
Article III, paragraph 4, of the said Plan of Reorganization, and
only in the manner therein provided.
SUNSHINE TELEPHONE, INC.
By:
It's President
(Corporate Seal)
EXHIBIT "A"
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA,
ORLANDO DIVISION
CASE NO. 89-03881-6C1 FILED
IN RE: ~
ORLANDO, FLORIDA
SUNSHINE TELEPHONE, INC.
...... ..' ~ OCT 24 1990
Debtor.
-...j CLERK, U. S. BANKRUPTCY COURT
AMENDED DISCLOSURE STATEMENT MIDDLE DISTRICT OF FLORIDA
The Debtor, SUNSHINE TELEPHONE, INC. , submits this
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Amended Disclosure Statement to its Creditors and other parties
in interest.
INTRODUCTION
This Amended Disclosure statement is submitted pur~uant to
the requirement imposed on the proponent of a Plan of
Reorganization by section 1125 of the Bankruptcy Code. Its
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purpose is to disclose the information which is material and
necessary to reach a re~sonably infor~~d decision whether to
accept or rej ect the Plan., This Disclosure Statement should be
read in conjunction with t?e accompanying Plan of Reorganization.
The financial information contained in this Amended
Disclosure Statement was prepared by the Debtor and has not been
subjected to a certified audit.
No representations other than those contained herein are
warranted by the Debtor, and the reader should not rely on any
oral outside representations by anyone in deciding whether to
vote for or against the Plan.
HISTORY OF THE DEBTOR
The Debtor, SUNSHINE TELEPHONE, INC. , was incorporated in
January, 1988, in Delaware, for the purpose of engaging in the
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business of long distance telephone services, and is licensed to
do business in the state of Flor ida. The Debtor's initial
capitalization was $110,000. This capitalization was provided by
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Richard & Mary Kirkwood, Russell Kirkwood, Joseph Kirkwood and
Joseph Lentz and several minority stockholders. Between 90 and
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180 days after the corporation was formed, Richard & Mary
ki rkwood, Russell Kirkwood, Joseph Kirkwood and Joseph Lentz
made unsecured loans of $38,000 and secured loan of $65,500 to
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the company.
In February of 1988, the company commenced its operations by
leasing facilities from Southern Bell and other companies and by
commencing to build it's clientele. ,
In May of 1988, the company
completed the acquisition of certain assets of Bay
communications, Inc., of Braintree, Massachusetts. The SunTel
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assets were located and headquartered in West Palm Beach, Florida
at the time.
In September'of 1989; the company moved its headquarters and
main operating facilities to Orlando Florida. The company's
offices are located at 730 N. Magnolia, Orlando, Florida and it's
main switching facilities are located at 69 W. Concord, Orlando,
Florida.
The company's initial billings to its customers were
approximately $40,000. These billings have increased to almost
$200,000 per month. As the company adds new customers, it is
necessary for it to invest in additional network facilities from
the Bell companies and other network providers and, in many
cases, for equipment to be added. During the pendency of this
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Chapter 11 case, the Debtor has invested over $100,000 in new
line facilities and supporting equipment to support its ever
increasing client base.
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EVENTS LEADING TO THE CHAPTER 11. CASE
After the summe~_.,?f 1989, the company was at a si ze that was
insufficient to meet 1ts cash requirements based on an expansion
that commenced in early 1989 opening territories in Orlando and
Tampa. The expansion was necessary to keep the company in a
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competitive position. The company was only generating $125,000
of monthly cash with a need for $165,000. These cash flow
shortages led to the company's default on the secur~d purchase
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money indebtedness to Bay Communications, Inc. This default led
to the institution of litigation to move against the assets of
the company by Bay Communications. It was this litigation, plus
threatened termination of services from other major creditors
that forced the company to seek the protection of the Bankruptcy
Court.
SUMMARY OF CLAIMS AGAINST DEBTOR
At the time of the filing of this Chapter 11 case, the
Debtor's major claims were as follows:
l. Bay communications, Inc., et aI, claimed approximately
$124,000 consisting of money claimed to be due from rent for real
es tate, for equipment and secured debt.
2. The secured claims of Richard & Mary Kirkwood, Russell
Kirkwood, Joseph Kirkwood and Joseph Lentz amount to $65,500.
3. General unsecured claims amount to approximately
$502,000. The Plan provides for a Sinking Fund for the payment
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of unsecured creditors with the Debtor's cash flow profit, after
the payment of secured claims (except for subordinated secured
claims. See above.) and ~fter a 25% reserve for working capital,
and subject to a minimum of $10,000, per quarter, to be placed
into a sinking fund on a quarterly basis for the payment of
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unsecured claims. These funds will be dispersed pro rata as
their claims may be allowed, pro rata. This procedure will
continue quarterly until all unsecured creditors have been paid
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in full.
a) The Debtor has determined that the sinking fund is the
appropriate vehicle to pay creditors as opposed to .a straight
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monthly payout over a period of time because the Debtor's income
has tended to fluctuate with the .. and also because
seasons,
collections are slower in months with major holidays such as
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Christmas, New Year's Day, The Fourth of July, etc.
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b) The minimum peri,od of time required to pay out all
unsecured creditors under the Debtor's current Plan is two (2)
years.
c) The total cost to the estate to compensate a Trustee or
disbursing agent is $10,040.00, based on scheduled unsecured
claims of $502,000. If a fewer amount of claims is filed and
allowed, the cost will be proportionally less. The Trustee or
disbursing agent is necessary to assure all creditors of concur-
rent, pro-rata, payment. Some of the smaller creditors might
have the feeling, whether justified or not, that without a
Trustee or disbursing agent, the Debtor might give preferential
treatment to the larger creditors.
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SUMMARY OF DEBTOR'S ASSETS
The Debtor's assets are comprised of Accounts Receivable,
equipment, deposits, capitalized network and customer lists. The
Accounts Receivable, at the present time, amount to approximately
$350,000. The equ ipJJl, ent, at cost amount to approximately
$120,000. The cap i ta"l i z ed network amounts to approximataly
$175,000. The deposits amount to approximately $45,000. The
customer lists amount to approximately $2.4 million based upon
"
one times annual revenue (gross income). See also Liquidation
Analysis, Exhibit "A" .
a} Insofar as the customer lists are concerned, there
,
,
might appear to be an inconsistency between the above "going
concern" value and the zero liquidation vaiue reflected in the
Liquidation Analysis. However, if the Debtor's service to its
,
customers is interrupted, even for a portion of a day, its
customers will switch to other long distance carriers.
b) The Debtor's fi<;rures and liquidation values, as set
forth in the Liquidation Analysis, are based upon the judgment of
Richard Kirkwood, the Debtor's President and major stockholder.
Mr. Kirkwood has a degree in finance from Rensselaer Polytechnic
Ins ti tute. He was a commercial lending officer for citiBank,
Bankers Trust Co. and Irving Trust Co. for eight (B) years.
He has over five years ~xperience in the long distance telephone
business, having served as an officer and director of DigiTel, a
long distance telephone company based in Mercerville, New Jersey.
STEPS TAKEN SINCE FILING OF CHAPTER 11 CASE
The Debtor has taken action to increase its customer billing
-5-
4
as the primary means to generate a successful operation. At the
time of the filing of this Chapter 11 case, the company was
billing approximately $125,000 per month and has increased to
\
approximately $200,000 per month. Through a better focused sales
effort on a commission basis as opposed to one on salaries,
......... resulting in substan~ial savings and increased revenues. The
company reduced its overhead through the elimination of 2 leases
on equipment and one lease on property by rejecting unprofitable
"
leases. The overall course of the Debtor has been dramatically
improved during the pendency of the Bankruptcy case. See Exhibit "e"
SUMMARY OF THE CHAPTER 11 PLAN .-
I ,
l. CLASS A. . The claims of Bay Communications, Inc. , Robert
Sheehah and Kathleen Creary were settled for $58,000. A Court
Order approving this settlement after Notice to all creditors was
. ,
entered on July 17, 1990. This claim is being paid at the rate
of $5,800 per month. As of the date- of this Disclosure
Statement, $ 1 7 , 4-00 is due to these Claimants. T,he Debtor
estimates that, by the time the Plan of Reorganization is
accepted by the creditors and confirmed by the Court, these
claims will have been fully paid.
2. CLASS B. The secured claims of Richard & Mary Kirkwood,
I
Russell Kirkwood, Joseph Kirkwood and Joseph Lentz, in the
approximate amount of $65,500, will be subordinated to the claims
of unsecured creditors upon the entry of an Order of
Confirmation.
3. CLASS C. Gene~al unsecured creditors will be paid 100%
of the amount of their allowed unsecured claims. The Plan
-6-
~
. ,
provides for a Sinking Fund for the payment of unsecured
creditors with the Debtor's cash flow prQfit, after the payment
of secured claims ( except for subordinated secured claims. See
,
,
above.) and after a 25% reserve for working capital, and subject
to a minimum of $10,000, per quarter, to be placed into a sinking
.... -- ~
fund on a quarterly basis for the payment of unsecured claims.
These funds wiil be dispersed pro rata as their claims may be
allowed, pro rata. This procedure will continue quarterly until
"
all unsecured creditors have been paid in full. The Debtor
projects that the allowed claims in this class will be paid in
full within eight quarters. See the Debtor's' proj ections
I ,
attached hereto as Exhibit liB".
a. The Pro Forma Earnings .~tatement provides for
increased sales in each period at first, at a rate of 16% and
. ,
later on at an average of 7% per quarter. The initial increase
is due to a pent up deman~ from prospective customers who would
like to do busihess with SUNSHINE but have waited to see a
reorganization before commitment. Thereafter, normal growth
levels would provide for growth along the lines of industry
growth.
b. As sales increase, portions of cost of goods sold,
particularly the private lines and fiber T-1 lines (both of which
are fixed costs) receive greater utilization at no increase in
price. The switch payment also remains constant as do rents and
approximately 48% of the current expenses. This creates
profitability through operating leverage.
c. Cash from payments of receivables increases on a
-7-
~
;
"
lag basis providing for the 45 days on average it takes to
receive payment for billed services in this industry.
4. CLASS D. The interests of minority stockholders Robert
I
Sheehan and Kathleen Creary will be redeemed for $1,000 after the
claims in Class A hav~_.been fully paid.
5. Unclassified Priority claims break down into three
categories:
a. Cost of "administration, exclusive of the Debtor's
",
operating costs, consisting primarily of the Debtor's Attorneys
fees, which are estimated at approximately $25iOOO. These fees
will be paid on the effective date of confirmati6n, Unless an
.
agreement for deferred payment is reached.
b. Gross Receipts Taxes to various cities are
estimated at $9,000. These taxes are to be paid in four
" ,
(4) quarterly installments commencing 90 days after the effective
date of confirmation, incl~ding 12% interest.
c. The' cost of'".Federal Excise Taxes due the Internal
Revenue Service are estimated at approximately $6,000. These
taxes will be paid in four (4) quarterly installments commencing
90 days after the effective date of confirmation, including 12%
1r\terest.
d. In addition to the above, the Debtor has incurred
administrative expenses of approximately $88,500.00 during the
pendency of this Chapter 11 case, mostly to wholesalers of long
distance telephone services. These expenses were incurred
primarily in the early months of the reorganization when the
Debtor's cash flow was far less than it is now. The Debtor is
-8-
~
..
-
._--"~.~--
now gradually reducing the amount of these claims, and it has
written agreements for the deferred payment of these claims after
confirmation.
\
ALTERNATIVES TO THE PLAN
One alternative .~9 the Debtor's Plan of Reorganization is a
Chapter 7 Bankruptcy- liquidation of the. estate. The Debtor
believes that in a forced liquidation of all of its assets, the
property would not produce sufficient proceeds in excess of the
"
amount of the liens to be ,meaningful to Unsecure~ Creditors.
Then, from the amount collected, the administrative expenses of
this Chapter 11 Reorganization and the Chapter 7-liquidation
.
would be paid first, leaving almost nothing for the payment of
the Unsecured Creditors. The Debtor believes that its creditor~
will receive sUbstantially more under the Plan than they would in
, I
a Bankruptcy liquidation. However, even if the Plan were to
fail, the creditors cOtlJd al ways fall back on the Chapter 7
liquidation. See the Liquidation Analysis attached hereto as
Exhibit "A".
A second alternative would be dismissal of the Chapter 11
case without a conversion to Bankruptcy. The Debtor believes
that only the Secured Creditors would benefit from this course of
action. Major unsecured Creditors providing telephone service to
the Debtor, in the absence of Chapter 11 protection or in the
absence of agreements to the contrary, would be in a position to
discontinue necessary service to the Debtor. The Debtor believes
that if this case were dismissed, Unsecured Creditors would not
receive anything. Dismissal, therefore, would be tantamount to
-9-
A
liquidation or a conversion to Chapter 7.
The third alternative is that any of the Creditors or other
parties in interest may file a Plan of Reorganization. However,
1
to date, no Creditor or other party in interest has seen fit to
do so.
.....- -- ~
~.... f- RISK FACTORS
certain risk factors are inherent in most Chapter 11 plans.
If such a plan is accepted, it is generally because the Creditors
"
place a greater hope for eventual return than if the Debtor's
assets were liquidated. The single greatest risk is that payment
of the creditors will depend on the Debtor's ability,to operate
"
its' business profitably in the future.
SUMMARY
The Debtor respectfully submits that all Creditors, both
- ,
secured and unsecured will benefit from the acceptance and
confirmation of the accompanying Plan of~eorg~nization.
THIS DISCLOSURE STATEMENT is dated at Orlando, Florida, this
~j(~day of October, 1990.
B :
It' presiden , Debtor
~.~~
o RT H. T, 'ESQU RE '----
Florida Bar No. 068942
P. O. Box 976
orlando, Florida 32802
(407 ) 422-4014
Attorney for -Debtor
-10-
LI3:disclose.sun
A
"
SUNSHINE TELEPHONE, INC.
LIQUIDATION ANALYSIS
ASSETS
Equipment (currently at $120,OOO) $ 30,000.00
estimated liquid~~ion value at .25 on the dollar
Network Capitalization (currently at $175,000) $ 0.00
Accounts Receivable (currently at $350,000) $175,000.00
estimated liquidation value at .50 on the dollar
Customer List Value (ongoing value at $2,400,000) $ 0.00
estimated liquidation value at .10 on the dollar
Deposits (would offset post-petition at $45,000) $ 0.00
TOTAL ASSETS " $205,000.00
,
LESS:
SECURED CLAIMS
SecuredClaims . , $100,300.00
TOTAL SECURED CLAIMS $100,300.00
AMOUNT AVAILABLE 'FOR PRIORITY CLAIMS $104,700.00
LESS:
PRIORITY CLAIMS
Internal Revenue Service $ 6,000.00
Administrative Priority Claims $122,500.00
TOTAL PRIORITY CLAIMS $128,500.00
AMOUNT AVAILABLE FOR UNSECURED CLAIMS $ -0-
EXHIBIT "A"
~
SUNSHINE TELEPHONE, INC.
Pro Forma Earnings Statement
october 1, 1990 Through September 30, 1992
4TH QTR 1ST QTR 2ND QTR
1990 1990 1991
GROSS QRTLY REVENUE 756000.00 906000.00 966000.00
.--.......
NET CASH COLLECTIONS -... 698000.00 758000.00 830000.00
CASH OUTLAYS:
LEC'S 138000.00 150000.00 . 162000.00
BACKBONE 75000.00 75000.00 80000.00
800 -24000.00 24000.00 28000.00
IC -84000.00 90000.00 96000.00
SWITCH 24000.00 24000.00 24000.00
TECH LABOR 41000.00 41000.00 45000.00
LINE DEPOSITS 15000.00 15000.00 15000.00
LINE INSTALLS & CAPEX 4000.00 4000.00 - _ 4000.00
,
TOTAL CASH NETWORK EXP. 405000.00 423000.00 454000.00
OVERHEAD
SALES EXPENSES 75000.00 80000.00 85000.00
DATA PROCESSING 11000.00 12000.00 13000.00
OFFICE 12000.00 . '13000.00 14000.00
PAYROLL 63000.00 65000.00 69000.00
TAXES 49000.00 50000.00 51000.00
RENT & MAINTENANCE ,. -.' 20000.00 20000.00 21000.00
INSURANCE 14000.00 14000.00 16000.00
TOTAL CASH ADMIN. EXP. 244000.00 255000.00 269000.00
CASH OTHER
BAY SETTLEMENT 18000.00 6000.00 0.00
PRE-PETITION REPAY 10000.00 30000.00 60000.00
LEGAL & FINANCIAL EXP. 10000.00 10000.00 10000.00
TOTAL CASH OTHER 38000.00 46000.00 70000.00
NET CASH REQUIRED 687000.00 724000.00 793000.00
BEGINNING CASH BALANCE 10000.00 11000.00 55000.00
CASH USED/REQUIRED 697000.00 734000.00 793000.00
NET CASH COLLECTED 698000.00 758000.00 830000.00
ENDING CASH BALANCE 11000.00 55000.00 92000.00
TOTAL PRE-PETITION A/P 640000.00
PAYMENTS 10000.00 30000.00 60000.00
NEW BALANCE 630000.00 600000.00 540000.00
EXHIBIT "B"
-1-
~
. .
, .
,
3RD QTR 4TH QTR 1ST QTR
1991 1991 1992
GROSS QRTLY REVENUE 1036000.00 1086000.00 1116000.00
NET CASH COLLECTIONS \ 888000.00 910000.00 946000.00
CASH OUTLAYS:
LEC'S 186000.00 186000.00 198000.00
BACKBONE ........., 80000.00 85000.00 . 85000.00
800 -,,,., 28000.00 30000.00 30000.00
IC 102000.00 108000.00 114000.00
mUTCH 24000.00 24000.00 24000.00
TECH LABOR 45000.00 45000.00 '. 45000.00
LINE DEPOSITS 3000.00 3000.00 . 3000.00
LINE INSTALLS & CAPE X ' 4000.00 4000.00 4000.00
TOTAL CASH NETWORK EXP. 472000.00 485000.00 503000.00
OVERHEAD
SALES EXPENSES 90000.00 95000.00 ' ],00000.00
DATA PROCESSING 14000.00 15000.00 160,00.00
OFFICE 15000.00 16000.00 . 17000.00
PAYROLL 72000.00 75000.00 78000.00
TAXES 52000.00 ,53000.00 54000.00
RENT & MAINTENANCE 21000.00 .21000.00 21000.00
INSURANCE 16000.00 16000.00 16000.00
TOTAL CASH ADMIN. EXP. 280000.00 291000.00 302000.00
CASH OTHER
BAY SETTLEMENT
PRE-PETITION REPAY 90000.00 90000.00 120000.00
LEGAL & FINANCIAL EXP. 10000.00 10000.00 10000.00
TOTAL CASH OTHER 100000.00 100000.00 130000.00
NET CASH REQUIRED 852000.00 876000.00 925000.00
BEGINNING CASH BALANCE 92000.00 122000.00 156000.00
CASH USED/REQUIRED 852000.00 876000.00 925000.00
NET CASH COLLECTED 888000.00 910000.00 946000.00
ENDING CASH BALANCE 122000.00 156000.00 177000.00
TOTAL PRE-PETITION AlP 640000.00
PAYHENTS 90000.00 90000.00 120000.00
NEW BALANCE 450000.00 360000.00 240000.00
EXHIBIT "B"
-2-
~
2ND QTR 3RD QTR
1992 1992
GROSS QRTLY REVENUE 1276000.00 1496000.00
NET CASH COLLECTIONS \ 1001000.00 1110000.00
CASH OUTLAYS:
LEC'S 210000.00 222000.00
BACKBONE -...... 90000.00 90000.00
800 -.....' 32000.00 32000.00
IC 120000.00 126000.00
SWITCH 24000.00 24000.00
TECH LABOR 50000.00 50000.00. '
LINE DEPOSITS 3000.00 3000.00
LINE INSTALLS & CAPEX 4000.00 4000.00
TOTAL CASH NETWORK EXP. 533000.00 551000.00
OVERHEAD
SALES EXPENSES 105000.00 110000.00 ~
DATA PROCESSING 17000.00 18000.00 ,
OFFICE 18000.00 19000.00
PAYROLL 81000.00 84000.00'
TAXES 55000.00 . 56000.00
RENT & MAINTENANCE 22000.00 22000.00
INSURANCE 18000.00 18000.00
. ,
TOTAL CASH ADMIN. EXP. 316000.00 327000.00
CASH OTHER ,. -,
BAY SETTLEMENT
PRE-PETITION REPAY 120000.00 120000.00
LEGAL & FINANCIAL EXP. 10000.00 10000.00
TOTAL CASH OTHER 130000.00 130000.00
NET CASH REQUIRED 889000.00 968000.00
BEGINNING CASH BALANCE 177000.00 199000.00
CASH USED/REQUIRED 979000.00 1058000.00
NET CASH COLLECTED 1001000.00 1110000.00
ENDING CASH BALANCE 199000.00 251000.00
TOTAL PRE-PETITION A/P 640000.00
PAYMENTS 120000.00 120000.00
NEW BALANCE 120000.00 000.00
EXHIBIT "B"
-3-
L16:proforma.sun
~
~ ...
SUNSHINE TELEPHONE. I NC. W
ACTUAL QUARTERLY RESULT~
4TI'1 DTR 1ST QTH
1:38'j. 19'jO
GROSS QUARTERLY REVENUE $307,648 $4'37,981
CASH COLLECTIONS 268, tY38 500, '355
NETWOF.:I< EXF'ENSES 72, 164 275,605
OVERHEAD $134,508 $217. 'j5Z
NET CASH PROFIT \\; 61,426 $ 7, 3'33
_.H____..__..... ---------
------....-..- --..------
NON-RECURRING EXPENSES
DEPOSITS/FIXED ASSETS $ 55,740 $ 13,010
SECURED PAYMENTS --.-. --
--.-----,- --.------
--------- --.------
TOTAL NON-OPERATING CASH $ 55,740 $ 13,010
,. -
BEGINNINI3 CASH $ 2, '322 $ 8,608
C:ASH COLLECT I ON 268, O'j8 500, '355
C:ASH USED 262,412 506,572
ENDING CASH 8,608 2, '3'j 1
CHANGE IN WORKING CAPITAL
{INCREASE IN A/P} --- { 18, '387 }
INCREASE IN A/R -- 2, 8'37
r -----..-.---- ------------
--------..- ..--------
TOTALS .. $ 3'3,550 {$ 16, O'30}
'.
.~-
EXHIBIT C ..... -..
:
I
1
,
-
SUNSHINE TELEPHONE. INC.
ACTUAL QUARTERLY RESULTS
2ND QTP 3F.:D QTF'(
'1'3'30 1'3'30
GROSS QUARTERLY REVENUE $518,218 $571,101
CASH COLLECTIONS 452,181 533,063
NETWOR~::: EXPENSES 180,448 227,821
bVEPHEAD !,~32, (> Hi $258 1'37
_____.1.__
~,IET C:ASH PFmF IT $ 3'3, 7 1 ~) $ 47,045
,,_ __ ._ __ 00- _..._ _... -..---.-----
---------..-..- -------..-
NON-RECURRING EXPENSES
DEPOSITS/FIXED ASSETS $ 24,400 $ 27,731
SEC:UF:ED PAYMENTS 17,400 17,400
--------, --"-_"--_00-
---...-----.. --------
TOTAL NON-OPERATING CASH $ 41,800 $ 45,131
BEGINNING CASH $ 2, ';I:~ 1 $ '306
CASH COLLECTION 452,181 533,063
CASH USED 454,256 531, 14'3
ENDING CASH '306 2,820
,
CHANGE IN WOF.:KING CAPITAL
(INCREASE IN A/P} .r 37,788} ( 62,251}
<
INCREASE IN A/F: 55,231 38,751
-----.------.- ------_..-
-- -- "- - - -- -- ..- -----..--..-
,
TOTALS I $ 28,443 ($ 23,500}
.
-.
EXHIBIT C
..,-..
~ ,.. .....
;
~
H '
,._U ," ...,.
,~'?" '
. .
Sunshine Telephone, Inc. Debtor
--
Case Number 89-03881-6C1
~"T.TDT FOR ACCEPTING OR R:EJ"ECTING PLAN OF REORGANIZATION
The Plan of Reorganization referred to in this ballot can be confirmed b.,
the Court and thereby made binding on you it it is accepted by the holde~
of two-thirds in dollar amount and mere than half in number of the ballo~
for each class. In the event the requisite acceptances are not obtainec
the Court may nevertheless confirm the Plan if the Court finds that the Plar.
accords fair and equitable treatment ~o the class rejecting it.
To have vour vote count, vou must com?lete and return this ballot.
The undersigned, a class c=editor ot the above-named debtor i~
the unpaid principal amount of $ I
(Check one box) ( ) ACCEPrS ( ) REJECTS
the Plan of Reorganization of the deb~or.
Dated:
Name of Creditor
-
CreditorJs Signature
By
(If Appropriate)
As
(Agent of creditor)
Address
All ballots must be received on or before ~N tJ...!ri-':j. ~ 111.(
*******************************************************-******************
Mail to: -------- For Ballot Tabulation Only ------
Clerk ******************************************
SouthTrust Bank Building * ..
135 W. Central Blvd., suite 950 * Ballot No. Creditor Class ..
Orlando, Fl. 32801 * ..
* Clai:l No. Claim $ ..
* ..
.. Clai~ Amount per Schedule $ *
* *
******************************************
GLTR03 Rev. 9/11/89
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <i F - MEETING OF JANUARY 8, 1991
RATIFICATION AND APPROVAL OF ADMINISTRATIVE PROPOSALS
DATE: January 4, 1991
The item before the Commission is that of ratification and
approval of the Administrative Proposals which were presented at
the Workshop Meeting of November 20, 1990. The following are the
items which were discussed:
(1 ) Arbitrage Study
( 2) City Land Projects Fund (116)
( 3) 1987 Utility Tax Bond (333)
(4) 1989 Note Construction Fund (340)
(5) Auburn Trace Project ( 375)
( 6) 1983 Water and Sewer Bonds (441)
( 7) 1984 Water and Sewer Bonds (441)
(8) 1990 Water and Sewer Bond Sale
Please see the accompanying backup memorandum from Joseph Safford
for staff's recommendations on each of the above items.
Recommend that the City Commission ratify and approve the
Administrative Proposals.
. - .
11. 1:: t. ::.~ .v. v 1~ D
MEMORANDUM DEe 2? 1990
CITY MANAGER'S OffiCE
TO: David T. Harden
City Manager
FROM: Joseph M. saffo~
Director of Fina
SUBJECT: Consent Agenda Approvals Regarding Workshop Meeting of
November 20, 1990
DATE: December 17, 1990
I twas intended that the "Administrative Proposals" presented at the
Commission Workshop of November 20th be approved by the City Commission at
their subsequent Regular Meeting. Since there is some confusion in the
preparation of the Minutes, I would appreciate the following being
considered on a Consent Agenda to insure proper authorization:
ITEM 1 - ARBITRAGE STUDY
Retain Ernst and Young, C.P.A.ls, to perform arbitrage calculations and
submit necessary reports and opinions for:
1. $1,500 per Bond Issue
2. $500 per Bond Year per Issue
3. $1,000 per Issue using transferred funds
Estimated Cost - $7,500 (Phase III only)
(Public Financial Management, Inc. Proposal - $8,925)
ITEM 2 - CITY LAND PROJECTS FUND (116)
Administrative recommendation to close this Fund - future land sales should
be recorded as a restricted reserve within the General Fund.
"
ITEM 3 - 1987 UTILITY TAX BOND (333)
Administrative recommendation is to reserve $85,000 for potential arbitrage
penalties subject to formal study by Ernst and Young.
ITEM 4 - 1989 Note Construction Fund (340)
Administrative recommendation is to allow $868,546 in repayments to Note
for the Drainage Project to be funded with Storm Drainage Aassessment fees.
,
. .
. -
David T. Harden. City Manager
December 17. 1990
Page Two
ITEM 5 - Auburn Trace Project (375)
Administrative recommendations were to:
l. Transfer $59.279 plus interest to General Fund revenues (Sale of Land).
2. Transfer $25,000 to General Fund revenues for June 1990 payment by
Auburn Trace on the loan for property.
3. Set-up remaining loan accounts in General Fund and close the Auburn
Trace Project Fund.
ITEM 6 - 1983 WATER AND SEWER BONDS (441)
Administrative recommendation is to reserve $10,000 for possible arbitrage
penalties subject to formal study by Ernst and Young.
ITEM 7 - 1984 WATER AND SEWER BONDS (441)
Administrative recommendation is to reserve $150,000 for possible arbitrage
penalties and to approve payment of $500,000 in legal bills for the
Aero-Dri case.
ITEM 8 - 1990 WATER AND SEWER BOND SALE
Administrative recommendation is to delay the sale of the $21 Million in
Water and Sewer Bonds until project management infrastructure is in place
by using $8 Million Line of Credit (not to exceed six months).
JMS/slh
Attachments
cc: Milena L. Walinski, Assistant Finance Director
Rebecca S. O'Connor, Treasurer
Barbara Schooler, Financial Management Analyst
Mary Ann Young, Project Cost Accountant
'"
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'f11
I
SUBJECT: AGENDA ITEM # 8 H - MEETING OF JANUARY 8, 1991
AWARD OF BIDS AND CONTRACTS
DATE: January 2, 1991
The following items are before you for award of bids and con-
tracts:
1. Rental Rehabilitation Program - Henry Haywood in the amount
of $11,823 for rehabilitation of property at 126-36 N.W. 2nd
Avenue with funding to come from Rental Rehabilitation Grant
(Account No. 118-1975-554-60.23) Account balance $40,306.50
2. Community Development Block Grant Program Housing Rehabili-
tation Grant - Phillip Gary Purr % Gamzo Inc. for property at 412
S.W. 4th Avenue in the amount of $11,213.50 with funding to come
from Housing Rehabilitation (Account No. 118-1963-554-60.23).
Account balance $182,815.00.
3. Office Supplies - Annual contract - Joyce Office Products at
an estimated annual cost of $25,000 with funding to come from the
various departmental budgets.
4. Portable Police Radios (40) and accessories - Motorola C&E,
Inc. in the amount of $28,981.00 with funding to come from Police
( Support) Budget/Equipment Other (Account No. 001-2113-521-60.89)
Account balance $37,800.30.
5. Hurricane Shutters at Water Treatment Plant - Solaroll Shade
& Shutter Corp. in the amount of $51,715.00 with funding to come
from Building Account No. (444-5164-536-60.31) Account balance
$250,000. NOTE: Included in the backup is a summary of
responses from the first time this project was bid in early
October. At that time, no responsive bids were received.
6. Landscape Maintenance on West Atlantic Avenue - Greenway
Plan Phase II - America's Pros, in the amount of $10,305.00 with
funding to come from Beautification Contract Maintenance (Account
No. 119-4144-572-33.49) Account balance $191,085.
"'1
. ,
Agenda Item No. :
AGENDA REQUEST
Date: DECEMBER l4, 1990
Request to be placed on:
Regular Agenda 1,~1
Special Agenda
Workshop Agenda When: JANUARY 13 1 qGn
XX CONSENT AGENDA
Description of item (who, what, where, how much): RF.NTAT RF.HARTTTTATTON
PROGRAM CONTRACT AWARD. HENRY HAYWOOD. RRP SHARF. $" Qll "0' UWli'STOR SHARF.
$5,911. 50.
f1P
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT#: 118-1975-554-14.Rl
(INVESTOR'S SHARE) & 118-1975-554-60.23 (RRP SHARE)
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). :
Department Head Signature: 0i~-- ~2~
. . I
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO I
Funding alternatives: (if applicable)
Account No. & Des~~~: JI~-\ti1~-::::,5Lt.(o-2.3
Account Balance: ' I .~
City Manager Review:
Approved for agenda: t!91 NO pA
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/
Administrative Services
FROM: Ted Glas, Purchasing Officer .Jj~
DATE: December 20, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 8, 1991 - BID AWARD - BID #91-16
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
City Commission is requested to award contract to low
bidder, Henry L. Haywood, for rental rehabilitation project
as stated below, at a cost of $11 , 823. Per the Budget
m' fundinf ~ the ~ty' s par~c~ation is fron;j ) .
- 15;;-SS;:. 23 ( WSI~ t. AB'I LITA-iIO
Background:
The Community Development Division handles and processes
their formal bids on rental rehabilitation projects.
Purchasing's review of Bid #91-16 finds it to be in
compliance with City purchasing procedures.
Property Contractor Amount
126-36 NW 2nd Avenue Henry Haywood $11 , 823
(City's share $5,911.50)
Recommendation:
Staff recommends award to low bidder, Henry L. Haywood, at a
contract amount of $11,823. Funding as outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
SKI.
#
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, CD COORDINATOR ~}
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT u.~
DATE: DECEMBER 14, 1990
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
In accordance with the City of Delray Beach Community Development
Division's approved Statement of policies and Procedures, we are
hereby requesting City Commission approval of one Rental
Rehabilitation Deferred Loan. The program provides for the
rehabilitation of investor owned substandard units, located
within the CDBG Target Area. Contract awards are based on actual
cost of the rehabilitation to an eligible structure. OWners are
eligible for a dollar for dollar match of Rental Rehabilitation
Funds for total cost, not to exceed $8,500 per unit.
Community Development staff provided the detailed work write-ups,
cost estimates for work specifications, and bid process on all
eligible structures. Investors are required to escrow I their
share of the cost with the City prior to the issuance of the
Notice to Proceed.
Inspection of work will be done, by the City's Community
Improvement Department and the Community Development Division.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specification and program guidelines.
Pay requests will require both contractor's and owner's
signatures. Funds will be disbursed on a dollar for dollar basis
matChing the owners share with the Rental Rehabilitation Funds.
The owners and properties have met the eligibility requirements
as specified in the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for
review at t~e Community Development Office.
.--
RR14
-
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
HENRY HAYWOOD 126-136 N.W. 2ND AVE $5,911.50 $5,911.50
/
RR14
-- ,
.,
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION
BID INFORMATION SHEET
BID #: 91-~
APPLICANT: EDDIE ODOM
APPLICATION #: 89-025
PROJECT ADDRESS: 126-128A. 130-132B, 134-136C N.W. 2ND AVENUE
DATE OF BID LETTERS: DECEMBER 6, 1990
DATE OF BID OPENING: DECEMBER 13, 1990
NAME OF CONTRACTORS AMOUNT OF BID
B & JR CONSTRUCTION $ 23.600.00
INTERCONTINENTAL CONSTRUCTION CORP $
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $
HENRY L. HAYWOOD $ 11,823.00
MJD CONSTRUCTION SERVICES $ 16,283.00
PHILLIP GARY PURR C/O GAMZO INC. $
ABISSET CORPORATION $12.250.00
CSB CONSTRUCTION, INC. $
T. H. Y. CONSTRUCTION INC. $
M. A. S. C. 0 . $
IN - HOUSE ESTIMATE: $ 13,200.00
CONTRACTOR AWARDED CONTRACT: LOW BID
BID/CONTRACT AMOUNT: $ 11,823.00
I
COMMENTS: INVESTOR'S SHARE $5,911.50
RRP SHARE $5.9ll.50
-
BIDFORM/PG4
Agenda Item No. :
AGENDA REQUEST
Date:
Request to be placed on:
Regular Agenda ~!/PJ
Special Agenda
Workshop Agenda When: JANUARY )1',. 1991
XXX CONSENT AGENDA
Description of item (who, what, where, how much):
CASE , ADDRESS GRANT AMQUNT
88-018 412 SOUTHWEST 4TH STREET $11.774.17
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION
GRANT AWARDS AND CONTRACT AWARDS ACCOUNT 11118-1963-554-60.23 GRANT AMOUNT TNr.T.lTDF.S
CONTINGENCY.
~..
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). :
Department Head Signature: 6f~ ~~~
(
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO f (if a~liCable)
Funding alternatives:
Account No. 8i Descr~ztion:JJ<t.-lq~3-Ss4-, 00-:z..3 ftruS\NGt EHI.81L1TATlcW
Account Balance: ~ ,81~. .
City Manager Review:
Approved for agenda: @NO [11/
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
f".t~ ~ i:V E r~
~... J .......1 .~ _:.
MEMORANDUM DEe 28 1990
CITY MANAGER'S OfFlCl
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ f$
Administrative Services
FROM: Ted Glas, Purchasing Officer cf ~ 1.0.
DATE: December 27, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 8, 1991 - BID AWARD - BID #91-15
HOUSING REHABILITATION GRANT
Item Before City Commission:
City Commission is requested to award contract to low
bidder, Phillip Gary Purr % Gamzo Inc., for housing
rehabilitation project as stated below, at a cost of
$11,213.50. Per the BUdyet Officer, funding for the City's
par icipation is from: ~ - (03 -Si;4. (0)- 23
( o{)~ N6 T<E\1ABIL\TA: ) .
Background:
The Community Development Division handles and processes
their formal bids on rental rehabilitation projects.
Purchasing's review of Bid #9l-15 finds it to be in
compliance with City purchasing procedures.
Property Contractor Amount
412 S.W. 4th Avenue Phillip Gary Purr $11,213.50
% Gamzo Inc.
Recommendation:
Staff recommends award to low bidder, Phillip Gary Purr %
Gamzo Inc., at a contract amount of $11,213.50. Funding as
outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
g-H-2.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
<1\(1
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT, COORDINATOR ~Y7
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: DECEMBER 26, 1990
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
According to the City of Delray Beach, Community Development
Division's approved Statement of Policies and Procedures,
we are hereby requesting Ci ty Commission approval of one ( 1 )
Housing Rehabilitation Grant Award. The grant amount is based on
the actual cost of the rehabilitation as determined by the low
bidder, plus a 5% contingency. The contingency may be used for
change orders. All unused funds will remain with the Housing
Rehabilitation grant program.
Inspection of work will be done by the City's Building and
Inspection Department and the Community Development Division.
Rehabilitation contracts will be awarded to the low bidder.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specifications and program guidelines.
Pay Request forms will 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.
Housing Rehab Grant Awards are requested for the following:
Case# Address Grant Amount
88-018 412 SOUTHWEST 4TH STREET $11,774.17
.
HR2
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 91- 15
APPLICANT: PATRICIA MCCRAY
APPLICATION #: 88-018
PROJECT ADDRESS: 412 SOUTHWEST 4TH STREET
DATE OF BID LETTERS: DECEMBER 6. 1990
DATE OF BID OPENING: DECEMBER 20. 1990
NAME OF CONTRACTORS AMOUNT OF BID
B & JR CONSTRUCTION $
INTERCONTINENTAL CONSTRUCTION CORP $
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $
HENRY L. HAYWOOD $
MJD CONSTRUCTION SERVICES $ 15,2l9.00
PHILLIP GARY PURR C/O GAMZO INC. $ 11,213.50
ABISSET CORPORATION $ 11,750.00
M. A. S. C. 0 . $ 13,635.00
T. H. Y. CONSTRUCTION INC. $
CSB CONSTRUCTION, INC. $ 16,880.00
IN - HOUSE ESTIMATE: $ 12,395.00
CONTRACTOR AWARDED CONTRACT: PHILLIP GARY PURR C/O GAMZO INC.
BID/CONTRACT AMOUNT: $ 11,213.50
COMMENTS: LOW BID
-
BIDFORM/PG1
. J . ~A\, . ? ^ _ ~ <; .-:->
/'" 1,/ w'_' (............. ?-of' ~ II
I
. .
Agenda Item No. :
AGENDA REQUEST
Date: np~pmhpr 17. 1990
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: January A!'f;91
Description of agenda item (who, what, where, how much):
Office supplies - Annual Contract
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder. Joyce Office Product!': Rf" . p!':f"im::lt'pn
annual cost of $25,000.
~J~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget DirJ%tor Review (r~ired on all iteas involving expenditure
of funds): i. ~"..u~ / :l!I'Y ~ l)
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: VIU~~ ~~~
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer J!f~
DATE: December 17, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 15, 1991 - BID AWARD - BID #91-08
OFFICE SUPPLIES - ANNUAL CONTRACT
Item Before City Commission
The City Commission is requested to award contract to low
bidder, Joyce Office Products, at an estimated annual cost
of $25,000. Per the Budget Office, funding is from:
( l/4/1.1_h~A ,.7/.bM~ .&7:0 ) .
Background:
To promote cost effective procurement, commonly used office
supplies stored in our central warehouse are competitively
bid on an annual contract basis for firm/fixed pricing. For
additional items not warehoused, we receive a discount from
list price.
Bids for this contract were received on November 28, 1990
from six (6) vendors, all in accordance with City purchasing
procedures. (Bid #91-08. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
This year we asked the low bidder, Joyce Office Products, to
submit contract pricing for recycled and environmentally
safe products that they offer. Those prices are also
attached. Recycled products cost from 25% to 159% more than
our standard products. To stock the ten recycled items
quoted will cost an additional $2500. annually. We are
asking consideration be given for us to do so, at least on a
trial basis to evaluate the product quality.
Recommendation:
It is recommended that the annual contract be awarded to
Joyce Office Products, for the estimated annual amount of
$25,000. Funding as outlined above.
Attachments:
Tabulation of Bids
Pricing on Recycled Products
Cost Comparison Sheet
pc Robin Ennis
g-H.3.
,
JOYCE. 1-
14000 N.W. 57th Court Miami ~k... Florida ))014 JOS.SS.SS.c.c
Of ACE PRODUCTS CtNTERS
City of Delray Beaoh
Jackie Rooney
( RECYCLED PRO .-
Itea , ReCYC~~:( Standard
New Bid Item Pri Price
96 Add Rolle -(for calculators) $ .25/Rl .20 roll
118 Poet It Notes 1.5 x 2, '653RP 3.16/Dz 1.22 ~~ of
121 Post It Notes 3 x 5, #655RP . 78/Ba .3125 each
120 Post It Notes 3 x 3, #654RP .61/Ea .2416 each
91 Legal Pad 8.5 xlI, #20-170 4.76/Dz . 3.39 dz.
--- --
142 Tape #2011 (Scotch Transparent 3/4" x 1296") .71/fH .46 roll
* File Folders, S~raight Cut, Letter, *SV-1OO 5.45/Bx
* Three Subject Notebook, '25-172 1.79/Ea
51 File Folder, Letter, #153LRC (1I8Jlila 1/3 cut) 5.45/Bx 3.20 box of
100
54 File Folder, Legal, #153CRC (1I8Jlila 1/3 cut) 6.84/Bx 4.15 box of
100
"Bond Pa~r '31-920-10 8~ x TL 25# watermarked {'10~ . _QOIP~
____' 25% rag_ ~ten.E:"white
46 Hanging File Fo14er, Letter, #74542 5.32/Bx 3.2~ ~~ of
- ------ _._---~- 3.90 box of
48 Hanging File Fo14ar, Legel, #76542 6.28/Bx 25
** Copy Paper, Salmon 3.74/Rm 3.57 reaa
** Copy Paper, Green 3. 74/Rm 3.57 reaa
-.
* NOT ON Bm
.. STATE CONTRACT PJUCDtG
December/7~ -1990
, .
. .......-~...i~~.,' ,.
--
STANDARD vs RECYCLED PRODUCTS
Bid Estimated Cost Cost Cost
Item Annual Standard Recycled
Number Quantities Products Products Difference
1196 300 60.00 75.00 15.00 (25%)
118 80 97.60 252.80 155.20 (159%)
121 80 300.00 748.80 448.80 (149%)
120 80 232.00 585.60 353.60 (152%)
91 80 271. 20 380.80 109.60 (40%)
142 300 138. 00 213 . 00 75.00 (54%)
51 200 640.00 1090.00 450.00 (70%)
54 200 830.00 1368.00 538.00 (65%)
46 30 96.00 159.60 63.60 (66%)
48 100 390.00 628.00 238.00 (61%)
10 Items $3054.00 5501.60 2446.80 (80%)
-
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1;1
Agenda I tem No. :
AGENDA REQUEST
Date: December 18. 1990
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: January 8, 1991
Description of item (who, what, where, how much~: Portable radios (40)
and accessories to replace 1977 models, from Motorola C& , Inc.
for $28,981.00, for police radio system.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCEI RESOLUTION REQUIRED: YES/@ Draft Attached: YES.,(@)
Recommendation: Interim Police Chief recommends approval. Funding in
Police (Support) budget, 001 2113 521 60.89.
State Contract #725-520-89-1
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
. ~
~Department Head Signature: ~.,... d~"~. ../
City Attorney Review/ Recommendation (if applica :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO ,
Funding alternatives: (if ap~liCa~le)
Account No. & DescriPt~n.:. CQ.1-ZI1~""S~\.{oO~ ffiUIPtJ\E \" 0" a<
Account Balance: ~1,~ .~
City Manager Review:
Approved for agenda: 09/ NO v;vI
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
Delray Beach Police Department
300 West Atlantic Avenue . Delray Beach, Florida 33444-3666
(407) 243-7888 Fax (407) 243-7816
RICHARD M. LINCOLN
Interim Chief of Police
MEMORANDUM
TO: David T. Harden, City Manager
FROM: William H. Cochrane, MajOr~
Support Bureau t~
THRU: Richard M. Lincoln, Interim Police Chief
THRU: Ted Glas, Purchasing Officer
DATE: December 19, 1990
SUBJECT: ~~B~H~Q~_Q~_~Q~I~~_BAQIQQ
The attached agenda request and requisition (R74252) for forty
(Mil ) Motorola MT1000 portable radios and accessories are
requested for purchase upon the approval of the City Commission
on January 8, 1991.
We recommend Motorola Communications and Electronics, Inc. be
awarded the contract for purchase based on State Contract
#725-520-89-1 for $28,981.00.
The Police/Fire radio communications system currently in use was
installed by Motorola, uses all Motorola equipment, Motorola
ancillary equipment and is serviced by Motorola. We request this
sole source funding based on those reasons and ask your approval
so that this request may be placed on the regular agenda for
January 8, 1991.
WHC/gb
Attachments
~
.'....- -- ~
\1!'I'~11
~~ ii" ~:
...', "i ~...I.', B.H.4.
~
_'\~" ,~~-
--........--
. . a.
AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY
.
-
.
OCTOBER 31, 1990
DELRAY BEACH POLICE DEPT.
300 WEST ATLANTIC AVE.
DELRAY BEACH, FL. 33444
ATTN: CAPTAIN ALBERT M. MELIS
DEAR CAPTAIN MELIS:
ENCLOSED PLEASE FIND OUR QUOTATION FOR THE MT1000 PORTABLE
AND ACCESSORIES. I HAVE GIVEN PRICES ON A PER UNIT BASIS, AND
YOU MAY SELECT QUANTITIES AS APPROPRIATE. ALL PRICING IS FROM
THE FLORIDA STATE CONTRACT, #725-520-89-1.
!I~l! QII ~~~9B!~I!QM !'!M!I ~B!9~
1 1 H44GCU7100_N, MT1000 PORTABLE, S532.39
UHF, 4 WATTS, 16 CHANNEL, PL, DPL,
CS, 3" BELT CLIP, DUAL CHARGE
NICAD BATTERY, AND FLEXIBLE WHIP
ANTENNA.
2 1 NTN5447, EXTRA BATTERY 25.95
3 1 NTN4633, SINGLE UNIT RAPID RATE 45. 11
CHARGER.
4 1 NTN4668, MULTI-UNIT (6 POCKET) 268.50
RAPID RATE CHARGER.
5 1 NTN4655, SWIVEL CASE, BELT LOOP, 24.50
AND T STRAP.
6 1 NTN5050, NAE6132, NLN8410, REMOTE 53.10
SPEAKERJMIC WITH ANTENNA.
OPTION: H872, EXTENDED PERFORMANCE AGREEMENT $55.00ea
PROVIDES FOR 2 YEAR MAINTENANCE.
ALL PRICES ARE FIRM UNTIL APRIL 1, 1991. TERMS ARE NET 30
DAYS. SHIPMENT IS FOB DESTINATION. DELIVERY CAN BE MADE IN
2 WEEKS FROM RECEIPT OF ORDER.
WHEN ORDERING, PLEASE INDICATE FREQUENCIES DESIRED AND SE-
QUENCE DESIRED, AND PL, DPL, AND CARRIER SQUELCH DESIGNATIONS
..
..
THANK YOU FOR THIS OPPORTUNITY TO QUOTE THE MOTOROLA LINE OF
COMMUNICATIONS EQUIPMENT TO MEET YOUR COMMUNICATIONS NEEDS. I
LOOK FORWARD TO SERVING YOU.
RESPECTFULLY SUBMITTED,
~ J-ti~
AMES D. CARLSON
MOTOROLA C&E, INC.
.
-- -----------------
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-
.
,
Agenda I tem No.:
AGENDA REQUEST
Date: December 20. 1990
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: Januarv 15. 1991
Description of agenda item (who, what, where, how much): Request City
Commission to award contract for Hurricane Shutters at the Water Treatment Plant
Bid No. 91-07 in the amount of $51.715.00. Fundin~ ROUrCf! UTi 11 np ::l......mmr nl1m'h",..
44~5164-536-~~.
---4 Ct:O - '7; \
ORDINAllCEI RESOLUTION REQUIRED: ~/NO Draft Attached: 'Uj)( NO
Recommendation: Staff recommends City Commission to award contract to low
bidder Solaroll Shade & Sutter Corp. of Pompano Beach. Florida in the amonnt
... of $51.715.00 which was the only bid on this project.
Department Head Signature: /J#4d ni2~CJ~~~ 12/711'0
Dete~ination of Consistency with Coaprehensive Plan:
"!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available:~/ NO
Funding alternativ . (if applicable)
Account No. & Description: ~-51f4-1?'3b .~-~I F3\AILDI~
Account Balance: '2SOltJo
City Manager Review:
Approved for agenda: ti)/ NO bl-1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ;!/~
DATE: January 3, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 8, 1991 - BID AWARD - BID #91-07
HURRICANE SHUTTERS FOR WATER PLANT
Item Before City Commission:
The City Commission is requested to award contract to
single bidder, Solaroll Shade & Shutter Corp., in the amount
of $51,715. Per the Budget Officer, funding is from:
444- SI~-6~_ (d)~f>1 (BUJLD'1V9 ) .
Background:
Scope of Work
The work consists of furnishing and installing aluminum
hurricane shutters for windows and doors at the water
treatment plant, complete, including electrical work.
One bid was received on December 20, 1990 all in accordance
with City purchasing procedures. (Bid 1191-07.
Documentation on file in the Purchasing Office. ) A
tabulation of bids is attached for your review.
The bid was submitted by Solaroll Shade & Shutter Corp. for
$51,715. CH2M Hill's estimate is $50,000 .
Recommendation:
CH2M Hill and staff recommend award to Solaroll Shade &
Shutter Corp. in the total amount of $51,715. Funding as
stated above.
Attachments:
Tabulation of Bid
Recommendation from CH2M Hill
Most Favored Customer Letter
pc William Greenwood
8 -Ii., s-:
'"
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID 191-01
HURRICANE SHUTTERS AT VATER TREATMENT PLANT
-
DECEMBER 20, 1990
SOLAROLL SHADE l
SHUTTER CORP.
------------------------ --------------------------------- -------------------------------
TOTAL LUIIP SUII $51,115.00
------------------------ --------------------------------- ----------------------------------------------------------------
COMPLETION TIME
AFTER NOTICE TO 15 CALENDAR
PROCEED DAYS
------------------------ ------------------------------- --------------------- --
COIIMENTS / EXCEPTIONS:
'"
v L ~~~('~'n~
.....;s "~L..
..- Engineers DEe 26 1990 t!
- -::-...::..=-=:...: -:-: -:- _ _ i
- Planners
~ Economists
- Scientists
December 21, 1990
SEF30787.A1
Mr. William H. Greenwood
Director of Environmental Services
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Greenwood:
Subject: Remedial Hurricane Protection at the Water Treatment Plant, City
Project No. FY90-43A, Service Authorization No.2
A single bid was received on December 20, 1990, for the subject project (rebid).
Numerous potential bidders were contacted, with nine firms picking up bid documents
prior to the rebid. SolaroU Shade and Shutter Corporation was the low bidder in the
amount of $51,715.00 lump sum which is close to the engineers' opinion of cost of
$50,000.00. Enclosed is a copy of the bid, as well as a copy of a "most favored
customer" letter from Solaroll. .
In our opinion, Solaroll is familiar with the project and is well qualified to perform
the work. We recommend that the contract be awarded to Solaroll in the amount of
$51,715.00, lump sum.
Please call if you have any questions.
Sincerely,
CH2M HILL
~a.~
Brian A. Shields, P.E.
Project Manager
dbt099\O 1 0.51
Enclosures
cc: Ernest Kaeufer/City of Delray Beach
John Curtiss/CH2M HILUDFB
Jay Arneno/CH2M HILUDFB
CH2M HILL Southeast Florida Office Hillsboro Executive Center North. 800 Fairway Drive. Suite 350 305,426.4008
Deerfie/d Beach. Florida 33441 407. 737,6665
1
SolarDDe.shade 08hllder'COrporlltlon'
.,.. .. .......,...._.r.-.r-....:f_~ ,.L...-.e
~.......... .,.,..781- WAX.......,."
~ ~R:LETXER
SENDER Ri~b.rd A. quanAnn, ~.'f. M.q.8.~ .DATE ~..t'''~~''T' 20... 1 Q~O
RE Bid tnr ,:;tnrm !Qh,.tt~rq nrt n~1"'2Y R.Jllt"h tJAr":r rr,..~rmrr'l~ 'fr~r1Jit.v
lUB~t~R Mr. Brian Sp~e.dQ
.coMPANY CH2M Hill CO.
ADDRESS 800 Fairway Drive. Suite 350, Deerf1eld Beac.h, Fl. 33441
FIJ. , 303-698':6010 I
.. "..
.
NUMBER OF PAGBS One ~NCLUDING t:OVU SHEET
~
n~AT Mr. ~h1~]d~. ...
.::Ir
Pleaee be advi~~~ chat our quorat1on for storm ahutt~rs -'
,
on the Delr4Y Beach Water Treatment faci11~X re~resents v
prices that shall be as low as of~ered to any other customer.
Yours to - ~
7~ ~~~::"'''J_~ .
Richard A. Swanson
..
.
-- ~
----'---~--"--
M E M 0 RAN DUM
TO: Robert A. B."rcinski, Assistant City Manager
AdMinjstrativ~ Services
FROM: Ted Glas, Purchasing Officer /~
DATE: October 9, :1.990 .
SUBJECT: Bid 4:90-94 Hurricane Shutters at Water Plan~
CH2M Hill prepared the specifications for this project.
They used our standard Engineering boilerplate with
their detailed specifications.
Purchasing Mailed "Invitations to Bid" to five (5 )
firMs, threE'> (3) of which had subMitted bids for
hurricane shutters at the COMMunity Center and
POMpey Park.
Th re(~ (3) f~rMs paid twenty-five (25) dollars and
picked-up specifications for this bid. Only one firM
return~d a subMittal for the October 3rd bid opening"
Solaroll Shade ~ Shutter Corporation, per attachp.cl
letter. This is a non-conforMing subMittal since the
bid forM was not used.
Purchasing contacted the other two (2) firMs to find
out why thp.y did not bid. Their responses a ,-e
attached. Both firMs felt the project should be oid bY
gener<J 1 cant ra.ctor, with theM as subs. .
a
For your review.
B!\~t;hM~Dt'a
Letter froM Sola roll
No Bid Res-ponses
Copy of Bid P<Jck~gp.
'.
..
- ~-- -~-------------- - -
~ -
SolGroJJ@ SJuule (/ Shutter Corporation
9U .. .... H""~ .It. . Potn....o IIMeh, 'L 33060 . 3OS--7b-nu . 'AX lOS-<MJ-367S
October 2, 1990
,;."'
Ted Glas .
Purchasing Director !
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Glas:
We regret that we are unable to bid the shutter work for the
water treatment plant due to the bid document requirement that
all bidders must be general contractors. Qualifiers for our i
firm hold only Specialty Contractor certificates and we are
licensed in Palm Beach County accordingly. (Copy of license
enclosed.) However, if we were qualified to bid, we would offer
to perform the work for forty eight thousand five hundred and
five dollars ($48,505.00), if the $200.00 ~er dah liquidated damages
re ui~ement were removed or extended and f1fty tree thousand
one un re 1 ty tree ollars 53,153.00) if it were not.
Inasmuch as the specifications used for bid purposes are those
published by our firm, it is a disappointment to us to be excluded
from the bidding process. It may interest you to know that I
under our existing license status, our firm has completed the
largest shutter contracts ever performed in the United States.
We would hope that future invitations to bid shutter work for I
the Ci Delray Beach would excl~de such restrictive language. " !
0
GB/sl
-- .
-"--_.- --. -
10/08/90
Hurricane Shutters - Water Treatment Plant - Bid #90-94
Called the other two vendors who picked up bid package and asked them
why they did not submit a bid for this project. Comments as follows:
1) Broward Hurricane Panel - Mr. Don Kuntz
Unable to do work - This is a highly complicated job with various
trades of jobs to be done for completion such as; Scaffolding needs,
canopy to be removed, remodeling jobs to be done, carpenter work,
painting, moving and lifting. These types of jobs need to be done
by a General Contractor first and then the shutter work should be
sub-contracted out to a shutter company.
It would be a mistake for a shutter company to bid on this per the
Scope of Work. This bid should have been sent to General Contractors
for bidding, and shutter company to be sub-contractor.
2) Folding Shutter Corp. - Mr. Howard Hemstreet
Too much detail as far as being a general contractor for other subs.
"No Other Comments", per Mr. Hemstreet.
Jackie Rooney 1
Bid Specialist
"
.
"
. -
Agenda I tem No. :
AGENDA REQUEST
Date: 12/26/90
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: January 8. 1991
Description of agenda item (who, what, where, how much) : Bid 1191-14
for landscape maintenance on West Atlantic Avenue - Greenway Plan Phase II
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend that Bid #91-14 be awarded to the apparent low
bidder. America's Pros. in the amount of $10,305.00
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO (if applicable)
Funding alternatives.
Account No. & Description: 119-4144-572-33.49 Beautification Contract Maint.
Account Balance: ~,D~
City Manager Review:
Approved for agenda: @/ NO t1l-1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
-
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
Administrative Services
Ted Glas, Purchasing Officer d.4-
FROM: ::?
DATE: January 2, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 8, 1991 - BID AWARD - BID #91-14
LANDSCAPE MAINTENANCE SERVICE CONTRACT
Item Before City Commission:
The City Commission is requested to award annual contract
for landscape maintenance service as listed below to low
bidder, America's Pros, at a cost of $10,305. Per the
Budget Office, funding is from:
( ) .
Background:
Area of Service:
West Atlantic Avenue - Greenway Plan Phase II
(Between S. W. 9th Avenue and S. W. 12th Avenue)
Maintenance service consists of mowing, trimming, weed
control, pruning, litter control and chemical application.
Bids for this contract were received on December 21, 1990
from seven (7) contractors, all in accordance with City
purchasing procedures. (Bid #91-14. Documentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
Recommendation:
Staff recommends award to low bidder, America's Pros at an
annual cost of $10,305. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Director of Parks & Recreation
pc Joe Weldon
8- Ii .c,.
,
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: BID #91-14 LANDSCAPE MAINTENANCE WEST ATLANTIC AVENUE
GREENWAY PLAN PHASE II
DATE: December 26, 1990
Seven ( 7 ) bids were opened on December 21, 1990 for landscape
maintenance for Greenway Plan Phase II on West Atlantic Avenue
(Bid #91-14) . The apparent low bidder is America's Pros at
$10,305. Americars Pros currently performs landscape
maintenance for the Parks and Recreation Department on Linton
and Atlantic Avenue and do a good job.
I recommend the bid be awarded to America's Pros in the amount
of $10,305 and charged to account #119-4144-572-33.49.
,JC't7 lIV< IdOrl/r~-
Joe Weldon /
Director of Parks and Recreation
JW: j mh
REF:JW298.DOC
Attachments
CITY OF DELRAY BEACH
TABULATION OF BIOS
BID 19H4
LANDSCAPE MAINTENANCE VEST ATLANTIC AVENUE
GREENWAY PLAN PHASE II
DECEMBER 21, 1990
.
America's A & S The Best Florida Top Branch
ITEM EST. DESCRIPTION Pros Jan~toral & Landscape Contr. Nurse1 & Land-
I OTY. Lan scape scane nc.
-
1.0 43 MOVING 60.00 / 2580.00 140.00 / 6020.00 200.00 / 8600.00 150.00/ 6450.00
2.D TRIMMING & EDGING
I. 43 LINE TRIMMING 15.00 / 645.00 40.00 / 1720.00 40.00 / 1720.00 60.00 / 2580.00
b. 22 EDGING 10.00 / 220.00 40.00 / 880.00 40.00 / 880.00 150.00 / 3300.00
3.0 22 WEED CONTROL 50.00 / 1100.00 90.00 / 1980.00 40.00 / 880.00 120.00 / 2640.00
4.0 PRUIlIIlG 70.00 / 420.00 70.00 / 420.00 300.00 / 1800.00 60.00 / 360.00
a. S BOUGAINVILLEA
b. & 54 BLACK OLIVES 60.00 / 360.00 65.00 / 390.00 300.00 ) 1800.00 300.00 / 1800.0C
5.0 43 LITTER CONTROL 50.00 / 2150.00 20.00 / 860.00 25.00 / 1075.00 60.00 / 2580.00
6.0 22 IRRIGATIOIl 25.00 / 550.00 30.00 / 660.00 25.00 / 550.00 50.00 / 1100.00
(INSPECTIONS It/CITY)
7.a 2 TURF INSECTICIDE 130.00 / 260.00 180.00 / 360.00 280.00 / 560.00 300.00 / 600.00
b. nIl SHRUB INSECTICIDE PROGRAM
c. n/a FIRE ANT CONTROL
d. n/. DISEASE CONTROL
I. 2 TURF FERT. BAHIA 150.00 / 300.00 85.00 / 170.00 200.00 / 400.00 300.00 / 600.00
f. nla TURF FERT. ST. AUGUSTINE
g. nIl ST. AUGUSTINE WEED' FEED
h. nla ST. AUGUSTINE/INSECT/FERT
1. 2 SHADE TREE FERTILIZATION 200.00 / 400.00 45.00 / 90.00 90.00 / 180.00 165.00 / 330.00
j. n/a PALM TREE FERTILIZATIOIl
k. 3 SHRUB FERTILIZATION 65.00 / 195.00 70.00 / 210.00 100.00 / 300.00 165.00 / 495.00
8.0 3 MULCH 375.00 / 1125.00 300.00 / 900.00 300.00 / 900.00 240.00 / 720.00
GRAND TOTAl $10,305.00 $14,660.00 $19,645.00 $23,555.00
COMMENTS/EXCEPTIONS
-
I . .
CITY OF DElRAY BEACH
TABULATION OF BIDS
BID .91-14
LANDSCAPE MAINTENANCE, WEST ATLANTIC AVENUE
GREENWAY PL~N PHASE II
DECEMBER 21 t 1990 ,
Tara Coles Lawn Tuttles Design
ITEM EST. DESCRIPTION Landscape Service Build Inc.
. ICTY.
- MO~ING 400.00 1 17200. 225.00 1 9675.00
1.0 43 500.00 1 21500.
2.0 TRIMMING & EDGING 20.00 / 860.00 50.00 1 2150.00 150.00 / 6450.00
I. 43 LINE TRIMMING
b. 22 EDGING 25.00 1 550.00 40.00 1 880.00 150.00 1 3300.00
3.0 22 WEED CONTROL 20.00 1 440.00 100.00 1 2200.00 75.00 1 1650.00
4.0 PRUNING 200.00 1 1200.00
I. e BOUGAINVILLEA 25.00 1 150.00 125.00 1 750.00
b. 6 54 BLACK OLIVES 25.00 1 150.00 200.00 1 1200.00 200.00 f. 1200.00
5.0 43 LITTER CONTROL 10.00 1 430.00 20.00 1 860.00 75.00 1 3225.00
6.0 22 IRRIGATION 10.00 1 220.00 20.00 1 440.00 150.00 1 3300.0C'
(INSPECTIONS ~/CITY)
7.1 2 TURF INSECTICIDE 150.00 1 300.00 400.00 1 800.00 1500.00 1 3000.
b. nla SHRUB INSECTICIDE PROGRAM
c. nla FIRE ANT CONTROL
d. nla DISEASE CONTROL
e. 2 TURF FERT. BAHIA 150.00 1 300.00 150.00 / 300.00 950.00 1 1900.0(
f. nla TURF FERT. ST. AUGUSTINE
g. nil ST. AUGUSTINE WEED & FEED
h. nil ST. AUGUSTINE/INSECT/FERT
1. 2 SHADE TREE FERTILIZATION 150.00 1 300.00 75.00 1 150.00 450.00 1 900.00
j. nil PALM TREE FERTILIZATION
k. 3 SHRUB FERTILIZATION 50.00 1 150.00 50.00 1 150.00 150.00 1 450.00
8.0 3 MULCH 100.00 / 300.00 50.00 1 150.00 650.00 1 1950.01
GRAKD TOTAL . $25,650.00 $27,680.00 $37,750.00
COMMEKTS/EXCEPTIOMS
"
f
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ,~
SUBJECT: AGENDA ITEM # q IJ - MEETING OF JANUARY 8, 1991
REVIEW AND ACCEPTANCE OF APPEALABLE ADVISORY BOARD
ACTIONS
DATE: January 2, 1991
Section 2.4.7(E) of the recently enacted Land Development
Regulations sets forth the process for hearing appeals of actions
taken by an approving board. Such actions will now be reported
to the City Commission on a periodic basis, at which time an
appeal may be initiated.
This report of appealable land use actions is for actions taken
by the various boards for the period of December 10, 1990 through
January 4, 1991.
Recommend that the City Commission receive and file this report.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MACGREGOR-HARTY, CITY CLERK
~~
THRU: D VID J. KOVACS, DIRECTOR
D~PARTMENT OF PLANNING AND ZONING
(CKJ~ {.Zf{~
FROM: .6ASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF JANUARY 8, 1991
REPORT OF APPEALABLE LAND USE ITEMS
DECEMBER 10, 1990 THROUGH JANUARY 4, 1991
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of December 10, 1990 through
January 4, 1991.
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.
Historic Preservation Board meeting of December 12, 1990:
1. Approved modifications to the landscaping materials for a
previously approved landscape plan for Tomelleri Office
Building at 250 Royal Court. The Board also recommended
approval of a request for waivers on the location and number
of signs. This item will be before you for separate action.
No other appealable items.
City Commission Documentation
Report of Appealable Land Use Items,
December 10 through January 4, 1991
Page 2
Planning and Zoning Board meeting of December 17, 1990:
1. Denied a request for conditional use to allow a Bingo
Establishment at Congress Square (Southwest Corner of
Atlantic Avenue and Congress Avenue). An appeal may be filed
by the petitioner.
2 . Denied a request for zoning change from PRD (Planned
Residential Development) to SAD (Special Activities
District) for a Boat Dock within Pelican Harbor. An appeal
may be filed by the petitioner.
3 . Denied a Master Development Plan Modification for the Delray
Park of Commerce. An appeal may be filed by the petitioner.
4. Made a determination of similarity of use that "Pet
Grooming" may be permitted as a Principal use in the OSSHAD
(Old School Square Historic Arts District)
No other appealable items. All other items will be scheduled for
City Commission consideration.
Site Plan Review and Appearance Board meeting of December 19,
1990:
1. Approved the elevation plans (to add a second story) for
Arthur James Galleries at East Atlantic Avenue, between
N.E. 6th and N.E. 7th Avenues.
2 . Approved elevation plans (addition of windows to a solid
wall) for Fiduciary Inc. at 95 S.E. 4th Avenue.
3. Approved changes to the elevation and landscaping for
Sherwood Park rvIobil Gas Station, southeast corner of
Congress Avenue and Lowson Boulevard. The change allows the
conversion of a service bay to a new retall use.
No other appealable items.
Site Plan Review and Appearance Board meeting of January 2, 1991
1. Approved elevation change to allow the addition of screen
enclosures for dwelling units within Chateau Woods at
Barwick Road. In conjunction with this actionr approval was
granted on a request for "adjustments" to allow the screen
enclosures to encroach within the required separation
distance between buildings.
No other appealable items.
City Commission Documentation
Report of Appealable Land Use Items,
December 10 through January 4, 1991
Page 3
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
JA/#50/CCACTION.TXT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # , a - MEETING OF JANUARY 8, 1991
APPEAL OF PLANNING AND ZONING BOARD ACTION RE: BINGO
AT CONGRESS SQUARE
DATE: JANUARY 2, 1991
The action requested of the City Commission is that of reversal
of a Planning and Zoning Board action which denied a conditional
use request. The request was for the establishment of a Bingo
Hall in the Congress Square Shopping Center (southwest corner of
Congress Avenue and Atlantic Avenue).
The appeal has been proper ly filed by the applicant pursuant to
Section 2.4.7(E) of the LDRs.
Attached is a memorandum from the Planning Director which gives a
synopsis of the situation, outlines alternative courses of
action, and gives a staff recommendation. Also included in the
backup is the package of information provided to the Planning and
Zoning Board and the applicant's appeal letter.
Recommend that the Commission proceed with hearing the appeal.
. ,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ISON MACGREGOR-HARTY, CITY CLERK
~ j ~UM-~
FROM: D VID . KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
APPEAL OF PLANNING AND ZONING BOARD DENIAL OF A
CONDITIONAL USE REQUEST FOR BINGO @ CONGRESS SQUARE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a Planning and Zoning Board action which denied
a conditional use request. The request was for the
establishment of Bingo Hall in the Congress Square Shopping
Center (southwest corner of Congress and Atlantic).
The appeal has been properly filed pursuant to Section
2.4.7(E), page 2.4.80 of the LDRs. The appeal has been filed
by the applicant.
The City Commission shall consider the appeal and, if the
denial is to be reversed, must make findings as were
required by the Planning and Zoning Board. Conditions may
be affixed.
BACKGROUND:
Attached is the Planning and Zoning Board staff report which
provides a description of the original request and its
assessment. In short, a Bingo operation is being requested in
what was the former Eckerd store in this shopping center. The
floor area is 10,476 sq. ft. There will be two bingo sessions
each evening. Although maximum occupancy is suggested at 400
persons per session, testimony at the hearing indicated that
200-250 persons per session was anticipated.
There are a few points in the P&Z Documentation which need
clarification. These are as follows:
Traffic Impact: Although there will be a reduction in Average
Daily Traffic (ADT) (single purpose use opposed to retail), there
will be an impact with respect to peak movements at the
beginning, changing and end of sessions. This peak impact also
applies to parking. Thus, consideration of the impact of peak
period traffic movements and parking is a valid concern.
City Commission Documentation
Appeal of Planning and Zoning Board Denial of a
Conditional Use Request for Bingo at Congress Square
Page 2
Review by Others: There are exterior modifications e.g. north
doors and now the south entry. These items will required action
by the Site Plan Review and Appearance Board ( SPRAB) .
Other: The assessment of availability of parking spaces is
overstated. In the Directorrs opinion, there are only
approximately 80 spaces which are in proximity to the north
entrance with which there would not be apparent conflicts with
other users.
Staff Recommendation: Only the condition of approval pertaining
to hours of operation is appropriate. The other "conditions" are
standard technical code requirements which require mandatory
compliance.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of December 17th at which time a public hearing was held.
Representatives of Lexington Homes and the Scoreboard, tenants
within the shopping center, spoke in opposition to the request
citing the inappropriate location of parking spaces which will be
needed to accommodate the use.
The Board concurred that while the shopping center had a
sufficient number of parking spaces, they were located in such a
manner that, as designed, the Bingo operation would take up
parking spaces immediately north of its entrance and thus have an
adverse impact upon other tenants including the potential for
reopening the out-building as a restaurant.
The Board inquired of the applicant as to whether or not the main
entry could be located on the south side (rear) of the shopping
center. The response was no.
The Board then denied the request on a 6-0 vote (Parker absent).
BASIS OF APPEAL:
In the appeal letter (copy attached), the applicant is proposing
changes to the description of the conditional use which were not
considered by the Planning and Zoning Board. These changes which
are responsive to public comment and the Board's concerns are:
1. Hours of operation (Bingo games) to commence after
6:30 P.M.
2. To provide a rear entrance.
City Commission Documentation
Appeal of Planning and Zoning Board Denial of a
Conditional Use Request for Bingo at Congress Square
Page 3
3. Parking lot signage to direct patrons to the south
(rear) parking areas.
4. Parking lot signage prohibiting use of certain spaces
by Bingo clientele; thus leaving those spaces available
for other tenants.
ALTERNATIVE ACTIONS:
A. Determine that the new information does not affect the basis
for denial as made by the Board and deny the appeal.
B. Overrule the Board action based upon the new information and
approve the requested use subject to conditions offered by
the applicant and subject to a requirement that the rear
entrance be reviewed and approved by the Site Plan Review
and Appearance Board with respect to its functioning as the
major entry and that the parking lot space allocations and
signing also be reviewed and approved by that Board.
C. Determine that the new information mitigates concerns aired
by the Board and remand the item to the Board for
reconsideration of its previous action. Also, direction
should be given that when appearing before the Board the
following information must be presented:
-- documentation as to the basis for determining an
appropriate number of parking spaces;
-- allocation of parking spaces for anticipated needs
including the change of patrons for the two session;
-- the signing program;
-- proposed modifications to the south entry so as to
assess its adequacy as a primary point of ingress to
the facility.
Such information to be provided by January 15th for
consideration at the Boardrs rescheduled meeting of January
28th.
City Commission Documentation
Appeal of Planning and Zoning Board Denial of a
Conditional Use Request for Bingo at Congress Square
Page 4
RECOMMENDED ACTION:
A staff recommendation is not provided at this time. It is
anticipated at the hearing that further information will be
provided with respect to the south entry and parking control.
There is a staff preference for Alternative Action #3 over #2 if
the denial is not upheld at this point.
Attachment:
* Appeal letter dated December 27, 1990
* P&Z Staff Report & Documentation of December 17, 1990
DJK/#75/CCBINGO
'FloriJa Veterans Memorial EuilJing 'FunJ Inc.
"We Remember with Fond Affection Those Veterans f- ... 0,,-6-
Who Made the Supreme Sacrifice" ~CL'- '1 r1c
p- I ~ Clrt--'
December 27, 1990
City Commission
City of Delray Beach, Florida
100 N.W;. 1st Avenue
Delray Beach, FL 33444
RE: Aooeal Qt Zonina Board Decision ~
Florida Veterans Memorial Buildina Fund. Inc. Binqo Hall at
Conqress Sauare
Honorable Mayor & Members of the Commission:
At the meeting of the Delray Beach Planning & Zoning Board, held
on December 17, 1990, the Board denied the request of the Florida
Veterans Memorial Building Fund, Inc. for a conditional use
approval to establish a Bingo Hall at Congress Square because of
the lack of adequate parking.
The basis of this appeal is to address the concern about adequate
parking. We believe that there is significant numbers of parking
spaces available in the rear of the property. We propose,
therfore, to provide a rear entrance, with appropriate security
and signage to direct bingo patrons to the available spaces, and
away from the spaces in front of the property.
In addition, in order to address the concern of the adjacent
tenant, we propose to provide signage in the parking spaces
allocated for their use which would prohibit bingo parking.
As a further measure to minimize the impact on the adjacent
businesses we agree to limit the hours of the operation to after
6:30 PM.
-
. ~
All other staff requirements will be implemented, without
exception, such as:
Handicap Access
Internal Fire Suppression Sprinklers
Voice Evacuation Alarm System
Additional Bathroom Facilities
Adequate Egress Facilities
Adequate Security Personnel
In view of the foregoing, it is respectfully requested that the
Commission approve the application for the conditional use to
establish a Bingo Hall at Congress Square.
The appeal is being brought by the Florida Veterans Hemorial
Building Fund, Inc. Our interest in the matter Is to operate
bingo for the benefit of various charitable organizations, such
as the American Legion, Veterans of Foreign Wars and Jewish War
Veterans, which, in turn, use the funds generated at veterans
hospitals and out patient clinics, needy veterans and their
families, and giving aid to the many homeless veterans.
Sincerely,
~IDA VET~~ANS HEHORIAL FUND, INC.
\ Y ~
- A/l~ --<}-" 'L-c~-0.-1
IRVIN STEINBERG '--../
President
'"
~
:JLANN: I NG 8- ZON.l NG' BORRD STAFF
--- REPORT - --
::ITY OF, OELRAY BEACH
MEET ING rnTE: December 17. 1990
AG~ ITEM: III.C.
IT~: Conditional Use to Allow a Bingo Establishment at Congress Square (Southwest Corner of
Atlantic and Congress Avenues) (PC Zoning).
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;ENERAL DATA:
Owner...........................Hollywood Federal
Agent...........................Eckerd Drug Company, Ted B.
Greenslait, Real Estate Director
Location........................Southwest corner of Atlantic
Avenue and Congress Avenue.
Property Size...................9.88 Acres
City Land Use Plan..............General Commercial
City Zoning.................... .PC (Planned Commercial)
Adjacent Zoning.................North and East of the subject
property are zoned MIC (Mixed
Industrial and Commercial) and GC
(General Commercial), South is
poe (Planned Office Center), and
West is zoned OS (Open Space).
Existing Land Use...............Vacant Retail Bay
Proposed Land Use...............Bingo Hall
Water Service...................Existing On-Site
Sewer Service...................Existing On-Site III.C.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a conditional use request to establish a Bingo Hall at the
Congress Square Shopping Center. The pro j ect is located at the
southwest corner of Congress Avenue and Atlantic Avenue.
BACKGROUIm:
Prior to 1979, the 9.88 acre parcel before you contained vacant
property and a small nursery operation. On April 17, 1979, the
Planning and Zoning Board recommended approval of a rezoning
request from R-1A and RM-15 to SAD, Conditional Use andSi te
Development approval for a 82,800 sq. ft. commercial shopping
center. The City Commission approved the rezoning request,
Conditional Use and Site Development Plan via Ordinance No. 45-79
on July 9, 1979. No construction commenced and the Conditional
Use and Site Development plan approval lapsed on April 19, 1981.
On June 21, 1982, the Planning and Zoning Board recommended
approval of a Conditional Use and Site Development Plan for a
98,400 sq. ft. commercial shopping center. On August 10, 1982,
the City Commission approved the Conditional Use and Site
Development Plan. Preliminary plat approval for the bank
building out parcel (Phase 1) was granted September 28, 1982 by
the Planning and Zoning Board. The Planning and Zoning Board
recommended approval of the final plat for phase 1 on October 18,
1982 and the City Commission approved the plat on October 26,
1982. The bank building was constructed.
The Planning and Zoning Board recommended approval of ,the final
plat for phase 2 (balance of the site) on May 16, 1983. The City
Commission approved the final plat on October 11, 1983.
On September 27, 1983, a minor site plan modification was
approved by the Planning and Zoning Board to increase the square
footage of the restaurant (out building) at the northeast corner
of the site, along with modification to decrease the footprint of
the main structure.
On April 24, 1984, a minor modification was approved by the
Planning and Zoning Board to allow reduction of the size of the
parking -spaces from lor to 9 r and to allow associated layout
modifications of the parking area.
On March 26, 1985, the Planning and Zoning Board approved a minor
site plan modification to increase the amount of space allocated
for restaurant use within the main shopping center from 14,000
sq. ft. to 26,000 sq. ft.
.
P&Z Staff Report
Bingo Hall at the congress Square Shopping Center
Page 2
Upon the effective date of the LOR's (October 1, 1990), the
zoning classification for the Congress Square shopping center was
changed from SAD (Special Acti vi ties District) to PC (Planned
Commercial).
PROJECT DESCRIPTION:
The proposal before you is a request by the Florida Veterans
Memorial Building Fund, Inc. to establish a Bingo Hall in the
10,476 sq. ft. shopping bay previously occupied by Eckerdrs. The
proposed hours of operation will be seven days a week from 5:00
PM to 11: 30 PM. The maximum total occupancy is expected to be
approximately 400 persons at any given session. A security guard
will be present on site during all bingo sessions. A snack bar
(no grill) will be operated on the premise.
CONDITIONAL USE ANALYSIS:
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor, that it will hinder development or redevelopment
of nearby properties.
This proposed use will occupy an existing commercial bay in
Congress Square. The existing center is bordered to the north by
Commercial and Mixed Industrial Commercial uses. To the south,
the site is bordered by POC (Planned Office Center); to the west,
by the municipal golf course; and to the east, by Commercial and
Mixed Industrial/ Commercial uses. The granting of the
Conditional Use will not hinder development or redevelopment of
adjacent Commercial and Industrial properties.
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This mQY be
achieved through information on the application, the staff
report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas.
P&Z Staff Report
Bingo Hall at the Congress Square Shopping Center
Page 3
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The Bingo Hall use (assemble for Commercial purposes) is allowed
in PC (Planned Commercial) as a Conditional Use. The PC zoning
district is consistent with the General Commercial Land Use
designation on the Future Land Use Plan.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall be
provided pursuant to levels of service established within the
Comprehensive Plan. For sewer and water concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget, it has been designed, and a contract for
installation has been solicited.
Water:
Water Service exits to the site via an 8" looped water main
connected to a 12" water main which runs along the north side of
Atlantic Avenue. For assembly use of this size, additional
internal bathroom fixtures may be required.
Fire suppression protection exists on site via existing fire
hydrants. However, a large assembly of this type will require
additional protection, Le. a complete automatic fire sprinkler
system.
Sewer:
Sewer Service exists to the site via an 8" main which extends
from the site south to Lift Station #27 at the southeast corner
of S.W. 2nd Street and Congress Avenue. No additional
improvements will be required.
.
P&Z Staff Report
Bingo Hall at the Congress Square Shopping Center
Page 4
Drainage:
Drainage is accommodated on site via exfiltration trenches which
over flow into the canal bordering the site to the west. No
additional improvements are required.
Streets and Traffic:
A traffic study was submitted with the proposal indicating that
this use will generate less trips per day than those generated by
a retail commercial use. This in part is due to the high persons
per vehicle associated with this type of use. As the existing
shopping center is vested with respect to commercial trips and no
increase is proposed, no off site improvements are required.
Parks and Solid Waste:
These items do not apply given the nature of the request.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5 (E) shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making a finding of overall consistency.
Required findings under Section 2.4.5 (E) are discussed in the
first paragraph of the Conditional Use Analysis Section and a
positive finding to each is made. A review of objectives and
policies of the adopted Comprehensive Plan was conducted and no
applicable objectives or policies were found.
Compliance with Land Development Regulations:
For occupancy of this type, certain requirements must be met.
These include:
* Means of egress shall comply with Chapter 8-2 (Life Safety
Code). Three exits will be required, two of which shall be
44"- minimum width. Exits will be required to be equipped
with panic hardware as the only latching device.
* The fire alarm system shall notify the occupants via voice
evacuation in lieu of audible signals in accordance with
Chapter 8-3.4.
* Additional fire resistive requirements may require
modification of existing building construction.
P&Z Staff Report
B~ngo Hall at the Congress Square Shopping Center
Page 5
* Handicap accessibility to the Bingo Hall as well as to
bathroom facilities will be required.
Review by Others:
As the proposal involves the occupation of an existing commercial
bay, no exterior modifications to the site are proposed. Review
of the Conditional Use request is by the Planning and Zoning
Board with final action resting with the City Commission.
However, all proposed signage will require review and approval by
the Site Plan Review and Appearance Board.
Other:
With a use of this type, adequate parking is a concern.
Currently 492 parking spaces exist on site. Due to the unique
design of the center 204 of these spaces are located to the rear
of the center, and 258 of the spaces are located in close
proximity to the proposed Bingo Hall. The balance of these (30),
are located at the northwest portion of the site.
The center is currently under leased and parking under these
conditions may be adequate. The current uses on site include
general retail uses, medical offices, a bank facility, night
clubs and restaurants. With the exception of the night clubs and
restaurants, the other uses will have different hours of
operation allowing multiple use of existing parking spaces. To
avoid any future conflicts with respect to parking adequacy
especially upon full leasing, hours of Bingo operation should be
limited to the 5:00 - 11:30 PM as requested by the applicant.
A letter of support has been received and is attached to the
staff report.
ASSESSMENT AlII) CONCLUSIONS:
Establishment of this use will require internal modifications of
the commercial bay including internal sprinklers, voice
evacuation alarm system, ingress and egress modifications,
additional bathroom facilities, etc. Though adequate parking is
available on site, some of the parking is remote and inconvenient
for elderly persons. To minimize conflicts over convenient
parking spaces between this use and existing uses, hours of
operation should be limited to those which would not conflict,
Le. 5:00 - 11:30 PM.
.
P&Z Staff Report
B~ngo Hall at the Congress Square Shopping Center
Page 6
ALTERNATIVES:
A. Continue with direction.
B. Recommend approval of the request based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E)(5) and subject to
conditions.
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(E)(5) and subject to the following conditions:
l. Hours of operation limited to 5:00 PM to 11:30 PM,
seven days a week.
2. Means of egress shall comply with Chapter 8-2. Three
exits will be required, two of which shall be 44"
minimum width. Exits will be required to be equipped
with panic hardware as the only latching device.
3. The fire alarm system shall notify the occupants via
voice evacuation in lieu of audible signals in
accordance with Chapter 8-3.4.
4. Handicap accessibility to the Bingo Hall as well as to
bathroom facilities will be required.
Attachments
PD/*35/BINGO.TXT
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100 N W '5t ",VE,'JUE DELRAY BEACH, FLOR,?~l:M444 407:243,7000
PUBLIC NOTICE * 91-011
Pursuant to Chapter Two of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, you
are hereby notified that a conditional use request has been
recei ved for Florida Veterans Memorial Building Fund, Inc. to
allow a bingo hall within a portion of the existing Congress
Square development on the following described property:
Tract "C" of Congress Square as recorded in Plat Book 46,
Pages 198 and 199 of the Public Records of Palm Beach
County.
The subject property is zoned PC (Planned Commercial)
District and is located on the southwest corner of Atlantic
Avenue and Congress Avenue. The building floor area
designated for the proposed bingo hall is 10,356 sq. ft.
The PLANNING AND ZONING BOARD will conduct a Public Hearing at
7:00 P.M. on Monday, December 17, 1990, (or at any continuation
of such meeting which is set by the Planning and Zoning Board),
in the City Commission Chambers at the City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, and all persons interested will be
given an opportunity to be heard.
Please be advised that if a person or persons decides to appeal
any decision made by the Planning and Zoning Board with respect
to any matter considered at this meeting or hearing, such persons
will need a record of these proceedings, and for this purpose i
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. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
December 6, 1990 Alison MacGregor Harty
~ ~,City Clerk
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. )1,CJlfO CITY OF DELRAY BEAC~(j
TO: David Kovacs, Planning DATE: 12/27/90
Director
FROM: Alison MacGregor Harty, City Cler~~
SUBJ: Appeal of P&Z Decision - Bingo Hall
at Congress Square
Attached is a copy of the letter I
received this date from Florida
Veterans Memorial Building Fund Inc.
with respect to an appeal of the P&Z
Board's action of denial on the
conditional use request for a Bingo
Hall at Congress Square (southwest
corner of Atlantic and Congress).
In accordance with Sec. 2.4.7(E) (3)
of the LDRs, I will schedule this
matter for consideration by the City
Commission at the January 8th regular
meeting. Please provide me with
additional backup information as
appropriate.
Thank you for your cooperation.
cc: David T. Harden, City Manager
.' .
.
'FloriJa Ve terans Memorial 13uilJing 'FunJ Inc.
"We Remember with Fond Affection Those Veterans ,~
Who Made the Supreme Sacrifice" f.y.tQ..;L{) /90
l~a1 ~
December 27, 1990
City Commission
City of De1ray Beach, Florida
100 N.Wi. 1st Avenue
Delray Beach, FL 33444
RE: Appeal 2.1. Zonina Board Decision ~
Florida Veterans Memorial Bui1dina Fund. Inc. Binqo Hall at
Conaress Sauare
Honorable Mayor & Members of the Commission:
At the meeting of the Delray Beach Planning & Zoning Board, held
on December 17, 1990, the Board denied the request of the Florida
Veterans Memorial Building Fund, Inc. for a conditional use
approval to establish a Bingo Hall at Congress Square because of
the lack of adequate parking.
The basis of this appeal is to address the concern about adequate
parking. We believe that there is significant numbers of parking
spaces available in the rear of the property. We propose,
therfore, to provide a rear entrance, with appropriate security
and signage to direct bingo patrons to the available spaces, and
away from the spaces in front of the property.
In addition, in order to address the concern of the adjacent
tenant, we propose to provide signage in the parking spaces
allocated for their use which would prohibit bingo parking.
As a further measure to minimize the impact on the adjacent
businesses we agree to limit the hours of the operation to after
6:30 PH.
- "" ,n'
All other staff requirements will be implemented, without
exception, such as:
Handicap Access
Internal Fire Suppression Sprinklers
Voice Evacuation Alarm System
Additional Bathroom Facilities
Adequate Egress Facilities
Adequate Security Personnel
In view of the foregoing, it is respectfully requested that the
Commission approve the application for the conditional use to
establish a Bingo Hall at Congress Square.
The appeal is being brought by the Florida Veterans Memorial
Building Fund, Inc. Our interest in the matter is to operate
bingo for the benefit of various charitable organizations, such
as the American Legion, Veterans of Foreign Wars and Jewish War
Veterans, which, in turn, use the funds generated at veterans
hospitals and out patient clinics, needy veterans and their
families, and giving aid to the many homeless veterans.
Sincerely,
~IDA ~ANSHEKORIAL FUND, INC.
. - ~ ;(;;v"h~}
IRVIN STEINBERG
President
. .
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ISTRIBUTION LIST
~j~
FROM: VID . KOVAC~RECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: DECEMBER 31, 1990
SUBJECT: APPEAL OF PLANNING AND ZONING BOARD ACTION RE. BINGO AT
CONGRESS SQUARE
Please be advised that an appeal has been filed on this subject.
The appeal will be heard by the City Commission at its meeting on
January 8, 1991. The meeting begins at 6:00 p.m. and will be
held in the City Commission Chambers.
Attached is the staff documentation which I have prepared for the
City Commissioners.
DISTRIBUTION:
Irvin Steinberg, President FL. VET. MEM. FUND, INC.
Robert Foley, Designated Project Agent
Robert Hush, Owner Scoreboard Restaurant
Steven Romanowski, Lexington Homes
Alva Alexander, Representative for Eckard Drug
DJK/leh
attachment
c: Project File
City Clerk (memo only)
DJK/#75/BINGO.TXT
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JAN 0 8 91
January 3, 1991
city commissioners of Delray Beach .
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Sirs/Madams:
The following retailers are located in the Shoppes of
Congress Square located at the corner of West Atlantic Avenue
and Conress Avenue in Delray Beach, Florida:
Nursefinders
Delray Physicians Care Center
Dr. Arlyn Jacobus
L.J. Gonzer Associates
Lexington Homes, Inc.
Telcom
Quality Data Entries
Dr. Neil Feuer, D.D.S.
Aliage & Co Boutique Saloon -
Insurance World
Barnett Bank
Scoreboard Restaurant & Saloon
Subway, Inc.
Silver Wok Restaurant
This group of retailers have been a part of this community
and wish to give notice that they are not in favor of the
granting of the Appeal of Planning and Zoning Board Action
regarding Bingo at Congress Square. We feel that there were
several factors that were recognized by the Planning and
zoning Board that resulted in their 6-0 unfavorable vote
towards granting a conditional use request to the Bingo Hall.
They were:
1. There is simply not enough parking spaces in the
Shopping Center to accommodate the permanent parking
of anywhere from 150 to 250 additional cars every
night from 6:30 to midnight. The traffic flow and
the available entrances to and from the center are
not adequate.
2. There is not a realistic way to enforce where Bingo
participants and other Shopping Center customers
would park even if they were directed to park only
in reserved spaces. This would cause a great deal
of hardships in administrative conflicts and current
customer inconveniences.
'16
-
- .
Letter to city Commissioners of Delray Beach
January 3, 1991
Page 2
3. The tenants of the Shopping Center have struggled to
encourage solid retail leasees to rent in. our
Center. We fear that if any single leasee is
established as a permanent entity consuming this
many parking spaces, it would automatically exclude
potential retailers from considering the Shoppes of
Congress Square for their future establishments
because of a definite parking problem. There are
currently approximately 22(?) other retail bays
available to rent, not including the proposed Bingo
Hall and the free standing restaurant space (6,000
sq ft.) on the corner.
4. It was somewhat inaccurate to portray the Shopping
Center as having the majority of its tenants closed
while the Bingo establishment was open for business.
In reality, of the current leasees listed in this
letter only ,9 do not have hours of operations
that would conflict with the proposed Bingo Hall.
In addition, one would assume that future retailers,
would be open during the evening hours, especially
Friday, Saturday, Sunday, and Holiday times. This
does not take into effect that your own Staff Report
indicates there is some 26,000.00 square feet
available for restaurant sites within the Shopping
Center. In general, restaurant hours of operation
are anywhere from 7:00 a.m. to 2:00 midnight
everyday.
Having read the Planning an Zoning Department's Memorandum
dated December 31, 1990, we find nothing substantially
different from the original proposal submitted by the Bingo
Hall representatives. We do question the assertion that
there are approximately 80 parking spaces available in the
front of the proposed site. Our count is much closer to
40-45.
In closing, we respectfully submit our feelings concerning
the granting of an Appeal of the Planning and Zoning Boards
denial of a conditional use request for Bingo At Congress
Square. We hope the above proves satisfactory to you and if
you should require any additional information from us, please
contact us at the below telephone numbers.
Sincerely,
Tenants of Congress Square
(See attached signature page)
-..-...-- ---.---_._---
A .
Letter to City commissioners of Delray Beach
January 3, 1991
signature Page
Tenants of Congress Square Shopping Center:
.
Tenant Telephone Number
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERzr;A qc"
SUBJECT: AGENDA ITEM :# K" - MEETING OF JANUARY 8, 1991
APPEAL OF PLANNING AND ZONING BOARD ACTION RE: SMILACK
REZONING PETITION (PRD TO SAD)
DATE: JANUARY 2, 1991
The action requested of the City Commission is that of reversal
of a Planning and Zoning Board action which denied a rezoning
request. The request was to rezone a parcel from PRD to SAD
(Special Activities District) in order to operate a boat dock
facility. The affected property, while outside of the Pelican
Harbor subdivision, gains access through and is for the benefit
of that development.
The appeal has been properly filed by the applicant pursuant to
Section 2.4.7(E) of the LDRs.
Attached is a memorandum from the Planning Director which gives a
synopsis of the situation, outlines alternative courses of
action, and gives a staff recommendation. Also included in the
backup is the package of information provided to the Planning and
Zoning Board and the applicant's appeal letter.
Recommend that the Commission proceed with hearing the appeal.
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
'\
I
\
\'- ~
FROM: ~'~-LJ ID J. 0 ACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
APPEAL OF PLANNING AND ZONING BOARD DENIAL OF THE
SMILACK REZONING PETITION (PRD TO SAD)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a Planning and Zoning Board action on a rezoning
peti tion. The rezoning request is for Special Acti vi ties
District (SAD) zoning instead of PRD (current zoning). The
SAD zoning is desired in order to operate a boat dock
facility. The affected propertYr while outside of the
Pelican Harbor subdivision gains access through and is for
the benefit of that development.
The appeal has been properly filed pursuant to Section
2.4.7(E), page 2.4.80 of the LDRs. The appeal has been
filed by a newly retained law firm representing the
petitioner.
The City Commission shall consider the appeal and r if the
denial is to be reversed, must make findings as were
required by the Planning and Zoning Board. Conditions may
be affixed.
BACKGROUND:
Attached is the Planning and Zoning Board staff report which
provides a description of the rezoning request and its assessment.
The request to SAD zoning requires the provision of a site and
development plan. A lesser submission (of a sketch plan) may be
used through the Planning and Zoning Board review and up to first
reading of the enacting ordinance. However, prior to second
reading a full site and development plan submittal must be
provided. [Ref Section 4.4.25(C)] In this case, the alternative
processing approach is being followed.
City Commission .Documentation
Meeting of January 8, 1991
Appeal of PlannLng and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SAD)
Page 2
The rezoning request provides for the following:
* Change in zone designation from PRD to SAD;
* Use of boat docks under the auspices of the Pelican Way
Boatowners Association;
* Restriction of Association memberships to owners of
Lots 1-4 Boson Way, Lots 9-11 Bosum Circle, Lots 27-34
Harbor Circle, and all units within Captain's Walk
which abut the C-15 Canal;
* The subdivision of the subject property into three lots
each of which is to be combined~with abutting property
located within town home ownerships within Pelican
Harbor;
* The Pelican Way Boatowners Association would have
ownership only of a minimal amount of land running
along the boat docks.
Please review the attached staff report for the lengthy
chronology and assessment of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 17, 1990 at which time a pUblic hearing was
held. Representatives of abutting property owner associations
and nearby residents spoke in opposition to the request.
Following the public hearing and after extensive discussion, the
Board on a 5-1 vote (Currie opposing, Parker absent) denied the
petion. The Board's action was based upon the following:
* Inconsistency with Comprehensive Plan Housing Element
Policy A-2. 4 {Ref LDR Section 3.3.2(A)} i.e. that a
rezoning to other than CF within stable residential
area shall be denied;
* Inconsistency with adopted Standard (D) for Rezoning
Actions {Ref LDR Section 3.3.2(D)] in that it was
determined that the rezoning would result in an
incompatible land use and that sufficient mitigation
of adverse impacts is not provided;
* A failure to find that the rezoning is justified based
upon the valid reasons as set forth in LDR Section
2.4.5(D).
City Commission Documentation
Meeting o'f,Janu,ary 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SAD)
Page 3
Testimony which influenced the Board's decision included:
1. Lack of access along the canal from Captain's Walk both
for Association members from those units and for the
provision of E.M.S. services;
2. Lack of accessibility to provide potable water;
3. Lack of accommodation of open space requirements which
apply to development along a wa tenvay (Conservation
Element B-2.5);
4. Creation of irregularly shaped lots; and,
5. Inadequate parking facilities to accommodate loading
and unloading of boating supplies.
BASIS OF THE APPEAL:
In the appeal letter (copy attached)r it is asserted that ample,
competent and persuasive proof was provided in support of the
rezoning request and that the Board's denial was arbitrary and
unreasonable. Further rationale is provided. There is no
proposal to alter the request as it was presented to the Board.
ALTERNATIVE ACTIONS:
A. Determine that the applicants arguments do not affect the
basis for denial as made by the Board and deny the appeal.
B. Overrule the Board action based upon examination of the
record and arguments presented at the appeal hearing. If
this course of action is favored, the formal action should
be continued so that your staff may prepare an appropriate
listing of findings and conditions. These items would be
contained in an enacting ordinance which would then have
first reading and then be subject to a public hearing prior
to enactment.
C. Proceed with action "A" from abover but grant a waiver from
the provision of Section 2.4.5(D)(6) which prohibits
resubmission of a same or similar rezoning petition. This
action v.lOuld allow the applicant to prepare a new petition
which provides for further definition of the use and
provision of mitigation measures. If this action is taken,
direction should be given as to what those measures should
be.
city Commission Documentation
Meeting ot,January 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SJI.D)
Page 4
RECOMMENDED ACTION:
By motion, affirm the findings of the Planning and Zoning Board
and deny the appeal.
NOTE: This recommendation is based upon there being no change
in the petition which was before the Board. If there
is a desire to modify the petition then a waiver
pursuant to "e" can be provided or, in the alternative,
the item can be remanded to the Planning and Zoning
Board for reconsideration of a modified petition.
Attachment:
* P&Z Staff Report & Documentation of December 17, 1990
* Appeal letter from Ronald Kolins, Attorney
DJK/#75/CCSAD.TXT
, Ul.W OF'F'ICES
MOYLE-, FLANIGANr KATz, FITZGERALD & SHEEHAN, P.A.
BARRY S. BALMUTH BARNETT CENTRE. 9TH F'l.OOR STEVEN A. MAYANS
T....O..AS ... BEASON 625 NORTH F'l.AGl.ER ORIVE L.INOA R. McCANN
PETER L.. BRETON POST OF'F'ICE BOX 3888 ANDREW..). MC....AHON
ROBERT BROOY I..fSA A. MH.L.EA
KAREN T, CONEY WEST PALM BEACH, FLORIDA ()3402 .JON C. "OYL.E
GREGORY O. COOK TEL.EPHONE (407) 659-7500 .Jooy ..... OL.lVER
E. COL.E F"TZGERAL.O. m F'ACSIMIL.E (407) 659 -1789 OAVIO S, PRESSL.Y
.JOHN F". F'LANIGA.N - PATRICK E. OUINL.AN
ANDREW F'ULTON. m TAL.LAHASSEE OF'F'ICE MARK E. RAYMOND
MYRA GENOEL. TEL.EPHONE (904) 681 -3826 THOMAS A.. SHEEHAN. lIt
NANCY MAL.LEY GRAHAM (904) 661-8766 OONNA H, STINSON
WINSL.OW O. HAWKES. m F'ACSIMILE
MARTA M. SUAREZ' MURIAS
L..YNN G. HAWKINS SAMUEL. A. THOMAS
MAATIN V. KATZ - WIL.TON L.. WHITE
WIL.LIAM e. KING STUART OF'F"ICE THOMAS L. YOSET
RONALO K. KOLINS TELEP....ONE (407) 288 -I 144 .JOEL ..... YUOENF'REUNO
F'ACSIMILE (407) ze6 -/499
December 28, 1990
HAND DELIVERED and
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
lOO N.W. 1st Avenue
Delray Beac h, FL 33444
Re: Appeal of De ni a 1 of Rezoning Request
Dear Ms. Harty:
This firm represents Steven Smilack and Alma Jeanne Slizyk
Smilack, the agent and owner, respectively, in a recent rezoning
request relating to the mat ter of Agenda Item IILD. On December
l7, 1990, the City Planning and Zoning Board denied our clients'
request for a rezoning from PRD (Planned Residential District) to
SAD (Special Activities District). Pursuant to Section 2.4.7(E)
of the Ci ty Land Development Code, this letter is submitted as our
clients' appeal of the aforesaid denial to the City Commission.
The Planning and Zoning Board's stated reasons for the denial
were Wthe failure to make positive findings with respect to.. . W .
.
l. Rezoning to other than CF (Community Facilities) in
stable residential districts;
2. Incompatibility;
3 . Lack of valid reasons for changing the zoning district.
318 2B
.
Ms. Alison MacGregor Harty
December 28, 1990
Page 2
Notwithstanding the foregoing however, the appl icant offered
ample, competent and persuasive proof on all of these aspects and
the Planning and Zoning Board's denial was arbitrary and
unreasonable.
The very purpose of the SAD designation is to provide
flexibility in addressing unique situations such as that of our
client. The proposed rezoning site is a sma 11, tr i angu lar parcel
lying between two established residential developments (Pelican
Harbor and Captains Walk) and the C-lS canal. It is land locked
and thus cut off from vehicular access sufficient to allow
residential development. Its primary asset is its access to a
navigable portion of the C-lS canal.
Accordingly, our clients intend to utilize the property for
the mooring of eight (8 ) boats. They have in fact, pursuant to
Ci ty permi ts, constructed the docks. These docks are in every way
similar to, and a continuation of, the docks which exist at the
adjacent Captains Walk communi ty. Clearly, such docks are
compatible with the adjacent land uses.
In order to eliminate any quest ions concerning access to the
docks, as well as to address the concerns of the neighbors, the
applicants specified that these docks would be for the sole use of
the owners of homes along the C-lS canal frontage. These owners
may easily access the docks on foot along the C-lS canal right of
way, obviating the need for parking and vehicular access.
These doc k s will be of significant benefit to the adjacent
owners, especially to the west, since the SFWMD cont rol structure
precludes them from having docks of their own.
Given these limitations on use, these docks will be, in
effect, community facilities.
The purpose of the Performance Standard in Section 3.3.2 is to
preserve .stable neighborhoods.. The proposed rezoning will not
in any way be contrary to this purpose. Rather, it will
contribute to the neighborhood stability by allowing an otherwise
vacant and useless parcel to be productively used in a manner
consistent with the existing neighborhood and to the benefit of
its residents.
The docks are perfectly compatible with the sur round ing uses
since they will be indistinguishable from the adjacent existing
3l82B
,
Ms. Alison MacGregor Harty
December 28, 1990
page 3
d oc k s . They will not be operated as a marina but rather, as
single family docks.
There are very compelling reasons in suppor t of the rezoning.
Under the present zoning, the parcel cannot be used for
residential purposes. NO other economically viable use can be
made of the parce 1. The applicant's proposed use will not depend
on vehicu lar access nor have any traffic impacts. It will
substantially add to the tax base of the City while not
significantly increasing the de ma nd for ser vi ces. It will
increase the recreational opportunities for the adjacent
homeowners who purchase membership in the Boatowners' Association.
Section 2.4.5(0)(2) provides several examples of valid reasons
for changing the zoning, including:
That the requested zoning is of similar
intensity as allowed u nd e r the Future Land Use
Map and that it is more appropriate for the
property based upon circumstances particular to
the site and/or neighborhood.
Both the Comprehensive Plan and the Land Development Regulations
provide that the Special Activities District is appropriate to any
land use category. The proposed use is suitable and compatible
with the surrounding existing development. The particular, unique
circumstances creating the need for the SAD designation have been
presented.
For all of these reasons as well as others, the Planning and
Zoning Board's denial of the rezoning was improper, arbitrary and
unreasonable. Other reasons to approve this ma t t e r relate to
discrimination and/or equal protection, equitable estoppel, equity
and fairness, the inappropri at e role of citizen opposition on the
decision of the Planning and Zoning Board, and inverse
condemnation. In accordance with Section 2.4.7(E)(3), we
respectfully request a full hearing before the City Commission to
review this rezon~ng request and to grant the rezoning. Time is
of the essence due to our clients' substantial investment in dock
construction, which construction was induced by the City's pr i or
actions.
3l82B
MS. Alison MacGregor Harty
December 28, 1990
Page 4
If any additional information is needed, please contact the
undersigned.
PLB/dl
cc: Me. Steven Smilack
E. Cole FitzGerald, Esq.
318 2B
_ANNING B ZON J -4G BOARD STAFF REPORT
--- - -
ITY OF DEL RAY BEACH v
'1EETING mTE: December 17. 1990
=t G Ef'.O=l ITEM: III.D.
,
~ITEH: !=\mi 1 RC SAD Rezoning (PRD to DAD) for a: iBoat Dock. This Project is Located within
, Pelican Harbor.
.B
. ----- ---..---
. --- .-,.----...=
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.
ENERAL DATA:
- . .. ~
Owner...........................Alma Jeanne Slyzyk-Smilack
Agent...........................Steve Smilack
Location........................North side of the C-15 Canal
between Federal Highway and the
Intercostal Waterway
Property Size................... .17 Acres
City Land Use Plan..............l1edium Density 5-12 units/acre
City Zoning.....................PRD (Planned Residential
Development)
Proposed Zoning.................SAD (Special Activities District)
Adjacent Zoning.................North, East, and \yest of the
subject property are zoned PRD
(Planned Residential
Development). South is the C-15
Canal.
Existing Land Use...............Vacant Land with 8 boat docks.
Proposed Land Use...............Pelican Way Boatowners
Association Use of the Docks
Water Service...................2" extention of the 6" water main
along Harbor Circle to be
provided. III.D.
Sewer Service...................Ho sewer service to be provided.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning from PRO to SAD for .17 acre of land. The property is
east of Federal Highway immediately south of the Pelican Harbor
subdivision and abutting the C15 canal.
BACKGROUND:
With the platting of the Pelican Harbor subdivision in 1979, a small
parcel of land (subject property) located between the subdivision
and the C-15 canal was not included. The parcel appears to be a
left- over portion of a parcel acquired for the C-15 right-of-way.
The parcel was purchased on March 12, 1982 by the applicant who also
owns one of the abutting townhouses in Pelican Harbor Subdivision.
On March 7, 1988, the applicant submitted a request to construct a
townhouse on the property and requested information as to how access
would be gained to the site. The applicant was informed that the
property was currently zoned PRD-7 which required a five acre
minimum for development. The property would have to be aggregated
or rezoned to allow for development. With respect to access, the
applicant was directed to work with the Pelican's Harbor Homeowners
Association to gain access to the parcel. The applicant petitioned
the court for a necessity of easement (pedestrian) to cross an
adjacent open space tract within Pelican Harbor subdivision. The
request was denied by the Courts and was subsequently upheld on
appeal. The townhouse unit proposal was apparently abandoned.
A permit request was submitted to SFWMD (South Florida Water
Management District) on April 18, 1988, to construct 8 docks within
the C-15 Canal adjacent the parcel. On September 14, 1989, a SFWMD
permit was issued to construct 128' of concrete bulkhead, a 4'x 128'
marginal dock and four 3.5' x 25.5' finger piers within the north
right-of-way of the C-15. On January 11, 1990, the permit was
modified to include 4 dolphin mooring piles. The lengthy permitting
process with SFWMD was in part due to concerns the District had with
allowing construction of 8 docks for one townhouse unit. Upon an
agreement by the applicant to create a boatowners association for
interested property owners, the permit was issued. Special
conditions of the SFWMD permit include the following:
That the applicant would establish a Pelican's Way
Boatowners Association and transfer the permit into it's
name.
Page 2
The applicant is prohibited from selling or leasing the docking
facilities, and the only monies collected are to go towards
maintenance of the docking facilities.
On December 5, 1989, a dock variance was granted by the City
Commission to extend the 8 docks within 10' of the west property
line, to permit the finger piers to extend 30.5' into the C-15 canal
and to allow the dolphin piles to be installed 40.5' into the canal.
On December 11, 1989, a City Building Permit (# 89-4078) was issued
for construction of the 8 docks. On January 25, 1990, a Building
Permit (# 90-4792) was issued for associated electrical work.
On April 24, 1990, a variance from Section 154.43(A) was granted by
the City Commission (consent agenda) from the requirement to install
a sewage pump in conjunction with construction of a proposed dock.
At the request of the Pelican Harbor Homeowners, on May 8, 1990, the
City Commission discussed the docks which were under construction.
As the docks were being constructed on a vacant parcel and not
accessory to any residential unit, construction was found to be in
violation of the PRD Zoning District Regulations. On May 9, 1990, a
stop work order was placed on Permit # 89-4078.
On June 13, 1990, the applicant executed a Unity of Title between
his abutting townhouse and the parcel before you. With the Unity of
Title, the proposed use was then accessory to the single family use
and construction was allowed to proceed. (In apparent conflict the
SFWDD permit would not have been issued for facilities accessory to
one single family home).
On June 16, 1990, a preliminary inspection of the electrical work
under Permit # 90-4792 was conducted. It was discovered that 8
separate electrical meters were being installed while 1 meter is
allowed for each single family accessory dock facility. A stop work
order was issued on the electrical permit on June 16, 1990. All
work on the electrical hook ups has ceased awaiting the outcome of
this rezoning request.
Construction of the 8 docks was completed and on September 10, 1990,
the SFWDD (South Florida Water Management District) permit was
revised to reflect actual built conditions which are 145' of
bulkhead and 121'of marginal dock.
On November 26, 1990, the SFWDD (South Florida Water Management
District) permit was transferred from the applicant's name to the
Pelican Way Boatowners Association. (In apparent conflict with the
City Zoning Regulations).
Page 3
PROJECT DESCRIPTION:
The proposal before you is a rezoning of a .17 acre parcel of land
located along the C-15 Canal to SAD. There are 8 existing docks on
the property. The docks have been completed under the auspices of
being assessory to the adjacent townhouse unit owned by the
applicant. The applicant is seeking the SAD zoning district to
allow the use of the docks by the Pelican Way Boatowners Association
(PWBA) thus allowing other property owners to utilize the existing
dock facilities. Membership in the Association is proposed to be
limited to those units within Pelican Harbor which abut the C-15
Canal (Lots 1-4 Boson Way, Lots 9-11 Bosun Circle, Lots 27-34 Harbor
Circle) , and all units within Captain's Walk which abut the C-15
Canal). Access to the dock facilities is proposed along the SFWDD
(South Florida Water Management District) right-of-way for units
within Pelican Harbor, and across Condominium common area for units
within Captain's Walk.
A letter accompanying the petition also included a proposed
subdivision of the parcel into three tracts. These tracts are to be
combined with three adjacent townhouse units as an extension of
their respective backyards. If SAD zoning approval is granted, the
applicant will terminate the Unity of Title between his townhouse
and this parcel and the subdivision (replat) will occur. It is not
clear if the PWBA would hold title to any land.
ALTERNATIVE METHOD FOR THE PROJECT
If this request were made by The Pelican Harbour Association under
the desription as use of a Community Facility (docks), it would be
accommodated simply as an amendment to the Development Plan. In
such a circumstance the adjacent property would need to be a part of
the common aspects of the Subdivision. However, such an approach
apparently cannot be accommodated by either, or both, parties.
Thus, Mr. Smilack is pursuing a similar end through private efforts.
ZONING ANALYSIS:
This parcel is currently zoned PRO. The surrounding zoning is PRO
to the west, east, north, and to the south the parcel abuts the C-15
canal and residential uses in the City of Boca Raton.
Pursuant to Section 4.4.7 (C), boat docks are allowed assessory to a
single family home in the PRO Zoning District. Under the current
zoning district all of the docks can only be used by the applicant
or his friends. With the granting of a SAD zoning designation, a
Boatowners Association would be established and the docks would be
utilized by members of the Association.
Page 4
Pursuant to Section 2.4.5 (D)(l), a justification statement of the
reasons for which the change is being sought must accompany all
rezoning requests. The code further identifies certain valid
reasons for approving the change being sought. These reasons
include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which makes the
current zoning inappropriate;
* That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more
appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
Pursuant to Section 2.4.5(d)(5), the City Commission is required to
make a finding that the petition will fulfil one of these reasons.
The applicant has stated that the third reason applies to this
request in that:
"The SAD Zoning is specifically designed to be similar in
intensity as allowed under the Land Use Map and compatible with
the surroundings, because permitted uses are designated at the
time of approval. We are proposing that the 8 existing boat
slips be allowed to be used by any of the 14 single family
property owners that have access via their rear yards and any
of the 57 multiple-family unit owners in the abutting Captain's
Walk. This proposed use is compatible and consistent with the
docks that surround Pelican Harbor property. There are 44 boat
slips that serve multiple-family housing, both remote and
adjacent to these docks in Captain's Walk. There are also 28
boat slips in Tropic Isle Harbor that serve both remote and
adjacent single family homes."
The applicant draws an analogy between this request and similar dock
facilities within Captain's Walk and Tropic Isle. It is noted that
the existing facilities at Captain's Walk and Tropic Isle have been
created in violation to current Land Development Regulations.
However, there are remedies available to those situations to have
approval granted under conditional use processing.
The above justification references the ability of 57 Captain's Walk
units to access the proposed Boatowners Association lands while the
exhibit provided with the application shows 38 units abutting the
C-15 Canal are to have membership rights. In addition, a fence
exists on the common property line of Captain's Walk and the
proposed SAD tract. It is my understanding that Captain's Walk
Condominium does not have any plans to provide access through their
fence. Therefore, it appears appropriate that until an agreement
between the applicant and Captain's Walk Homeowners Association is
reached they should not be included in consideration of this
application.
Page 5
The fence creates a major obstacle as it relates to providing access
for fire apparatus to the site. The Fire Department has indicated
that they require access from the east through the fence between the
site and Captain's Walk. The applicant must reach an agreement with
the adjacent development and provide access from the east if
approval is to be granted.
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings must be made in a form
which is part of the official record. This may be achieved through
information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate
to the following four areas.
Future Land Use Map: (The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the
land use designation).
"The SAD zoning district is established in order to provide a
zone district which is appropriate for projects which are not
otherwise classified or categorized in other zone districts.
While SAD zoning is deemed consistent with any land use
designation on the Future Land Use Map, the uses within a
specific SAD shall be consistent with the land use category
shown on the Future Land Use Map (see discussion under
consistency) . " The Land Use designation for this parcel is
Medium Density residential. Communal boat docks may be
provided in residential areas. Thus, a determination of
Consistency can be made.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with issuance
of a Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service as established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste concurrency shall be determined by the following:
* the improvement is in place prior to issuance of the
occupancy permit;
* the improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is a
schedule of completion in the bonding agreement;
* the improvement is part of a governmental capital
improvement budget; it has been designed; and a contract
for installation has been solicited.
Page 6
Water:
Water is to be provided to the docks via a 2" main extension south
from a 6" main within Pelican Harbor Subdivision through an easement
over common area of Pelican Harbor Subdivision. Each dock will be
provided with a 3/4" individual hose bib. A fire hydrant exists
within Pelican Harbor Subdivision approximately 210' north of the
docks. An intervening CBS wall with an access gate exists along the
property line between Pelican Harbor and this tract. Due to the
lack of a adequate paved turn around area within Pelican Harbor the
Fire Department has determined this access inadequate and is
requiring access from the east in Captain's Walk. As there is a
fence on Captain's Walk property, the applicant must reach an
agreement to provide gates for required fire access.
Sewer:
Pursuant to Section 154.43 (A), installation of a sewage pump is
required in conjunction with the construction of a dock for two or
more vessels. On April 24, 1990, the City Commission granted a
variance not requiring installation of a sewage pump by this
applicant. Therefore, the owners of vessels containing portable
toilet units will presumably have to carry the waste to their units
for proper disposal. '
Drainage:
Drainage is not a concern as the entire site will be retained in
previous area. Grading of the site associated with improvements
required, if approval is granted, will assure retention of on-site
drainage.
Streets and Traffic:
The project is of minimum impact in terms of ADT (Average Daily
Trips) and normal peak hour traffic. All members of the Boat
Association are limited to homeowners which border the canal.
Therefore, no additional trips except the homeowners guests would be
added to the traffic network.
Parks and Solid Waste:
These items do not apply given the nature of the request.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 along with the required findings in Section 2.4.5 shall be the
basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall consistency. The
applicable performance standards of Section 3.3.2 and other policies
which apply are as follows:
Page 7
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element A2.4)
This parcel is within a stable neighborhood area.
B) Does not apply.
C) Does not apply.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or, that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
While compatibility in terms of use is a concern, the docks exists.
There are concerns with respect to associated impacts.
The proposed use of these docks may be incompatible with the
surrounding residential uses in that no proper access exists to the
site. All potential Boat Association members within Pelican Harbor
must either traverse public lands situated behind residential units
to gain access, or impact Captain's Walk development for convenient
parking and unloading. While it is acknowledged that the public has
access rights on the C-l5 Canal right-of-way, it appears
unreasonable to have this right-of-way as the primary means to
access the site. With limited vehicular access, all equipment,
supplies, and waste will be carried along the public right-of-way.
Access from Captain's Walk is proposed across condominium common
area and through an existing fence. Access concerns for both
proposed Boatowners Association members and fire apparatus is
discussed under the Zoning Analysis section. In the zoning
justification statement, the applicant refers to similar dock set
ups within Captain's Walk and Tropic Isle. It is noted that the
dock facilities in Captain's Walk and Tropic Isle have access over
the common ground of the condominium association of which every dock
owner or user is a member. In addition, vehicular access from
common area travelways exists in proximity for temporary unloading
of boating equipment, etc.
Land Use Element:
Objective A-I: Vacant property shall be developed in a manner so
that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills
remaining land use needs. (bl, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the lack of proper access has the potential to
negatively effect owners in Captain's Walk from additional traffic
of members utilizing the development to unload and park vehicles.
Page 8
,
Land Use Element:
Policy A-3.3: Proposed development shall accommodate required
open space as provided for under Policy B 2.5 of the Conservation
Element and/or Policy B-l.4 of the Open Space and Recreation
Element. (See following)
Conservation Element:
Policy 8-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally sensitive
area, or an area identified via Policy B-2.1, an area equivalent
to at least 10% of the total area of the development shall be set
aside in an undisturbed state; or 25% of native communities shall be
retained pursuant to TCRPC Policy 10.2.2.2. This policy shall be
implemented as a part of the development review process. (b3)
Pursuant to the above policy, this parcel is required to set aside a
minimum of 741 sq. ft. of open space along the waterway. As this
site is disturbed cleared property this area at a minimum should be
landscaped with native communities.
The intent to subdivide the parcel and, presumably, restrict use for
private purposes is contrary to this policy.
Compliance with S.A.D. Parkinq Requirements:
Pursuant to Section 4.4.25(G)(2) (SAD parking requirements), all
loading and parking space requirements are determined at site
development plan approval stage. Due to the unique characteristics
of this proposal the applicant proposes utilization of existing
residential unit parking and access limited to pedestrian access
only. The Board should make a finding as to whether or not parking
and access proposed is adequate for the proposed use. The units
within Pelican Harbor contain two-car garages, and the potential to
accommodate two additional cars in the driveways. The units within
Captain's Walk are provided with 2.5 parking spaces per unit.
SITE PLAN COIISIDERATIOII:
Normally with a SAD zoning request a full site plan is submitted and
made part of the SAD Zoning Ordinance. However, with this request a
sketch plan has been submitted. While this exhibit is adequate for
review of the overall proposal, a detail submittal will be required.
Under the current submittal the development proposal could proceed
to first reading by City Commission. Prior to second and final
reading, a final Site Plan and Landscape Plan must be provided and
approved by the Site Plan Review and Appearance Board.
Upon staff's review of the rezoning request, the following Code
deficencies or requirements have been noted:
Page 9
A. Pursuant to Section 4.4.25(D)(1) within the front and any
street side setback, a fifteen foot (15' ) setback area
shall be a landscape area. Since there is no street
abutting the parcel, this requirement does not apply.
However, this requirement adds credence to the
recommendation that the site be retained in open space and
appropraitely landscaped.
B. Pursuant to Section 2.4.5(K) the property must be platted
as a minor subdivision. Platting is required because the
parcel has been subdivided by a meets and bounds
description from a larger parcel.
Subdivision Proposal:
The applicant also is seeking to subdivide the parcel. This
proposal raises additional concerns and problems, i.e.:
( 1 ) The entire parcel is being changed to SAD and to combine the
land portion of SAD with an adjacent zoning category of PRO is
inappropriate. The SAD Zoning District is for uses which are
not accommodated by other zoning districts. Rear yards for
townhouse units can be accommodated in all Residential Zoning
Districts.
(2) Land cannot be added to an existing Condominium Association
through the Subdivision process without overall approval by the
governing body of the Association.
(3) It is noted that the docks are in public waterway and the
privately owned land is the property being used to establish
the Boatowners Association. To thereafter eliminate the
Boatowner Association interest in the private land through
subdivision to adjacent properties is inappropriate.
(4 ) It is more appropriate to landscape and maintain the property
in a proper manner to meet general community aesthetic
considerations and specific requirements for open space
retention along a waterway.
Other:
A letter of opposition has been received and a copy is attached to
this staff report.
Page 10
ASSESSMENT AND CONCLUSIONS:
The applicant contends that the utilization of these boat slips by
Boatowners Association members will be similar to existing
conditions within Captain's Walk and Tropic Palms. However, this
site differs with respect to the availability of both pedestrian and
vehicular access. In Captain's Walk and Tropic Palms, both
pedestrian and vehicular access are available to adjacent docks
across common ground of the condominiums development. This site's
access for Pelican Harbor residents is by pedestrian easement across
public lands behind residential units. Vehicular access for
unloading and parking is avialable in close proximity to the docks
through the Captainrs Walk development. If Pelican Harbor residents
were to utilize roadways within Captain's Walk in this manner this
may present an unacceptable impact.
However, the request does represent a continuation of existing uses
which exist to the east. This item seems to fall into the purview
of neighborhood compatiability. As a straight land use item it is
tautamount to placing a commercial use within a stable residential
area. If valid reasons for not allowing the use are presented and
there is an inability of the applicant and neighboring association
to provide additional vehicular, emergency, and pedestrian access
then the request should be denied.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the request based upon a failure to make a
positive finding with respect to Chapter 3 (Performance
Standards). Specifically required finding under Consistency
pursuant to Section 2.4.5, and a failure to find a valid reason
for the change pursuant to Section 2.4.5(0)(2).
C. Recommend approval of the request based upon positive finding
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, Policies of the Comprehensive Plan,
and Section 2.4.5(0)(2) (valid reasons for the zoning change)
and subject to the following conditions.
l. Submission and receipt of approval of a Landscape Plan for
the entire parcel incorporating the required landscape
buffer pursuant to Section 4.4.25(0)(1), and landscape
material required pursuant to the Conservation Policy B.
2.5.
Page 11
2. Membership I imi ted to the following lots as indicated on
the recorded plats, (1-4 Bosum Way, Lots 9-11 Bosum
Circle, Lots 27-34 Harbor Circle) , and all units with
Captain's Walk which abut the C-15 Canal.
3. Subject to the entire parcel remaining under one
description (not given to adjacent residential units) and
to be under the ownership and maintenance responsibility
of the Boatowner's Association.
4. Subject to the provision of proper fire, as well as,
pedestrian access through the fence along the east edge of
the property.
5. Subject to platting as a minor subdivision.
RECOMMENDATIONS:
B. A recommendation is not provided at this time due to the lack
of official comment from adjacent property owners and their
Associations.
Attachments
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12/10/90
DAVID KOVACS
DIRECTOR OF PLANNING
CITY OF DELRAY BEACH
FL. 33444
DEAR SIR:
IN ANSWER TO YOUR FILE # 91-004 (AKA SMILAK PETITION)---
I STRONGLY OBJECT TO THE REZONING OTHE FOLLOWING REASONS.
I.IT WILL BREECH PELICAN HARBOR SECURITY.
2. NO AREA FOR PARKING.
3. MORE TRAFFIC - LESS SAFETY OF CHILDREN.
4. NO GAURANTEE WHO WILL BE USING THE DOCKS.
5. PELICAN HARBOR IS A CONTROLLED RESIDENTIAL
COMMUNITY--THIS REZONING WOULD CHANGE THIS.
6. MR. SMILAK OWNS PROPERTY IN PELICAN HARBOR - BUT
DOES NOT LIVE HERE.
~~~
THOMAS R. MAIMONE
277 PELICAN WAY
DELRAY BEACH, FL. 33483
407 278 4055
p,r;;- - ~. -: rr~ ~
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South Florida Water Management District
P.O. Box 24680 - 3301 Gun Club Road - West Palm Beach. FL33416,4680 - (407) 686.8800 - FL WATS 1,81~M~2.2045
".- " . .':' '\\\
I.AN 1)~-12 ,r:"'-'~ "';' :~ ;.:__ ~
lOlO/C-15 '; )..::.-- _.,~ .
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December 14, 1990 .~, f) -O~\~C?
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:r-1r. Paul Dorling, Planner II P 'J"'~"'''''
City ~f Delray Beach 't. , .'
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Dorling:
SUBJECT: Right of Way Occupancy Permit, Modification Number 9023,
Palm Beach County, Pelican Way Boatowners Association
(Steven Smilack), C-15, Section 33, Township 46 South,
Range 43 East.
It has been brought to my attention that a portion of the
District's November 27, 1990 letter to you concerning Pelican Way
Boatowners Association was unclear and requires clarification. The
area in question apparently regards the sale or lease of docking
space.
I will attempt to explain the terms and conditions, as District
staff understood them, relating to the Boatowners Association and
the subsequent permit special conditions presented to the
district"s Governing Board for approval.
Mr. Smilack qualified as an eligible applicant for a Right-of-Way
Occupancy Permit by virtue of the fact that he owns a small parcel
of property between Pelican Harbor and adjacent to the C-15 right-
of-way. He also, apparently, owns a residence in Pelican Harbor
adjacent to his parcel of land. Mr. Smilack explained that his
purpose for constructing the docking facilities was for his own
personal use and for some of his neighbors who wanted nearby dock
space but had no opportunity for any other docking facilities
since all remaining land, adjacent to the tidal areas of C-15, are
privately owned or are developments with their own docking
facilities.
Upon receipt of a completed application, staff developed the
Special Conditions of the permit in accordance with District Rules
and Policy contingent upon the following conditions:
o Mr. Smilack would form a non-profit Boatowners Association
and submit a recorded set of by-laws and covenants, which
must meet the approval of the District.
Governing Board:
James F, Garner. Chairman, Fort Myers Fritz Stein, Belle Glade Valerie Boyd, Naples John R Wodraska. Executive Director
Doran A. Jason. Vice Chairman, Key Biscayne Mike Stout, Windermere James E, Nail, Fort Lauderdale Tilford C. Creel. Deputy Executive Director
Arsenio Milian, Miami Ken Adams, West Palm Beach Charles W, Causey ,lslamorada Thomas K.MacVicar. Deputy Executive Director
.
LAN 08-12
1010/C-15
Mr. Paul Dorling
December 14, 1990
Page 2 of 2
0 All members of the Boatowners Association must own or lease
a residence in Pelican Harbor.
0 The sale or lease of docking space to non-residents is
prohibited.
0 At such time as the recorded Association documents are
received and approved by the District, and the authorized
facilities are constructed in accordance with the design
plans and approved by the District, the permit would then
be transferred from Mr. Smilack's name to Pelican Way
Boatowners Association.
With regard to the assignment of boat slips and the sale or lease
of docking space, the District was never advised that a prospective
Association member had to "buy into" the Boatowners Association.
It was understood that Mr. Smilack was providing a service to
himself and his neighbors in Pelican Harbor for the privilege of
occupying and utilizing the Lands and Works of the District.
It was further our understanding that the only monies to be
collected would be reserved for routine maintenance of the docking
facilities. District Rules allow removal of facilities located in
the right-of-way which are allowed to degrade to the point of
disrepair and thus become a liability risk to the District.
I hope this has served to clarify any questions you may have had
regarding this matter.
~..:Ly?;~
Harold E. Herbst
Environmentalist
Right-of-Way Permitting
Department of Land Management
HEH/bcg
cc: Steven Smilack
RETURN RECEIPT REQUESTED
CERTIFIED NUMBER P402-796-159
. · . Memo CITY OF DELRAY BEAC~ ti
TO: David Kovacs, Planning DATE: l/2/91
Director
FROM: Alison MacGregor Harty, City Cler~~
SUBJ: Ap~eal of P&Z Action - Denial of
Smllack Rezoning Request (PRO to SAD)
Attached is a copy of the letter
received by the Clerk's office on
Friday, 12/28/90, from the firm of
Moyle, Flanigan, Katz, Fitzgerald
& Sheehan, P.A., with respect to an
appeal of the P&Z Board's action of
denial on the Smilack Rezoning
Request (from PRD to SAD for boat
docks) .
In accordance with Sec. 2.4.7(E) (3)
of the LDRs, I will schedule this
matter for consideration by the City
Commission at the January 8th regular
meeting. Please provide me with
additional backup information as
appropriate.
Thank you for your cooperation.
cc: David T. Harden, City Manager
.. LAW OFFICES
. .
MOYLE, FLANIGAN, KATz, FITZGERALD & SHEEHAN, P.A
BARRY S. BALMUTH BARNETT CENTRE. 9TH FLOOR STEVEN A. MAYANS
THOMAS M, BEASON 625 NORTH FLAGLER DRIVE LINDA R. McCANN
PETER L. BRETON ANDREW J. McMAHON
POST OFFICE BOX 3888
ROBERT BRODY LISA A. MILLER
KAREN T. CONEY WEST PALM BEACH, FLORIDA 33402 JON C. MOYLE
GREGORY D. COOK TELEPHONE (407) 659-7500 JODY H. OLIVER
E. COLE FITZGERALD. m FACSIMILE (407) 659 -1789 DAVID S. PRESSLY
JOHN F. FLANIGAN - PATRICK E. QUINLAN
ANDREW FULTON. m TALLAHASSEE OFFICE MARK E. RAYMOND
MYRA GENDEL (904) 681-3828 THOMAS A, SHEEHAN. =
TELEPHONE
NANCY MALLEY GRAHAM DONNA H. STINSON
WINSLOW D. HAWKES, In' FACSIMILE (904) 681-8788
MARTA M. SUAREZ'MURIAS
LYNN G. HAWKINS SAMUEL A. THOMAS
MARTIN V. KATZ - WILTON L. WHITE
WILLIAM B. KING STUART OFFICE THOMAS L. YOSET
RONALD K. KOLINS TELEPHONE (407) 288 -I I 44 JOEL H. YUDENFREUND
FACSIMILE (407) 288 -1499
December 28, 1990
HAND DELIVERED and
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Alison MacGregor Harty
City Clerk
Ci ty of Delray Beach
lOO N.W. 1st Avenue
Delray Beach, FL 33444
Re: Appeal of Denial of Rezoning Request
Dear Ms. Harty:
This firm repre sent s Steven Smi lack and Alma Jeanne Slizyk
Smilack, the agent and owner, respectively, in a recent rezoning
request relating to the ma t t e r of Agenda Item III.D. On December
17, 1990, the City Planning and Zoning Board denied our clients'
request for a rezoning from PRD (Planned Residential District) to
SAD (Special Activities District). Pursuant to Section 2.4.7(E)
of the Ci ty Land Development Code, this letter is submitted as our
clients' appeal of the aforesaid denial to the City Commission.
The Planning and Zoning Board's stated reasons for the denial
were "the failure to make positive findings with respect to.. . " .
l. Rezoning to other than CF (Community Facilities) in
stable residential districts;
2. Incompatibility;
3 . Lack of valid reasons for changing the zoning district.
318 2B
."
. .. .
Ms. Alison MacGregor Harty
December 28, 1990
Page 2
Notwithstanding the foregoing however, the appl icant offered
ample, competent and persuasive proof on all of these aspects and
the Planning and Zoning Board's denial was arbitrary and
unreasonable.
The very purpose of the SAD designation is to provide
flexibility in addressing unique situations such as that of our
client. The proposed rezoning site is a small, triangular parcel
lying between two established residential developments (Pelican
Harbor and Captains Walk) and the C-l5 Ca n a 1 . It is land locked
and thus cut off from vehicular access sufficient to allow
residential development. Its primary asset is its access to a
navigable portion of the C-l5 canal.
Accordingly, our clients in tend to utilize the property for
the mooring of eight ( 8 ) boats. They have in fact, pursuant to
Ci ty permi ts, constructed the docks. These docks are in every way
similar to, and a continuation of, the docks which exist at the
adjacent Captains Walk community. Clearly, such docks are
compatible with the adjacent land uses.
In order to eliminate any quest ions concerning access to the
docks, as well as to address the concerns of the neighbors, the
appl icants specified that these docks would be for the sole use of
the owners of homes along the C-15 canal frontage. These owners
may easily ac c e s s the docks on foot a long the C-15 canal right of
way, obviating the need for parking and vehicular access.
These docks will be of significant benefit to the adjacent
owners, especially to the west, since the SFWMD control structure
precludes them from having docks of their own.
Given these limitations on use, these docks will be, in
ef fect, community facilities.
The purpose of the Performance Standard in Section 3.3.2 is to
preserve "stable neighborhoods". The proposed rezoning will not
in any way be contrary to this purpose. Rather, it will
contribute to the neighborhood stability by allowing an otherwise
vacant and useless parcel to be productively used in a manner
consistent with the existing neighborhood and to the benefit of
its residents.
The docks are perfectly compatible with the sur ro u nd ing uses
since they will be indistinguishable from the adjacent existing
3l82B
.
- " .
~ .
Ms. Alison MacGregor Harty
December 28, 1990
Page 3
d oc k s . They will not be operated as a marina but rather, as
single family docks.
There are very compelling reasons in suppor t of the rezoning.
Under the present zoning, the parcel cannot be used for
residential purposes. No other economically viable use can be
made of the parcel. The applicant's proposed use will not depend
on vehicu lar access nor have any traffic impacts. It will
substantially add to the tax base of the City while not
significantly increasing the dema nd for ser vices. It will
increase the recreational opportunities for the adjacent
homeowners who purchase membership in the Boatowners' Associ at i on.
Section 2.4.5{D}(2) provides several examples of valid reasons
for changing the zoning, including:
That the requested zoning is of similar
intensity as allowed und er the Future Land Use
Map and that it is more appropriate for the
property based upon circumstances particular to
the site and/or neighborhood.
Both the Comprehensive Plan and the Land Development Regulations
provide that the Special Activities District is appropriate to any
land use category. The proposed use is suitable and compatible
with the surrounding existing development. The particular, unique
circumstances creat ing the need for the SAD designation have been
presented.
For all of these reasons as well as others, the Planning and
Zoning Board's denial of the rezoning was improper, arbitrary and
unreasonable. Other reasons to approve this matter relate to
discrimination and/or equal protection, equitable estoppel, equity
and fairness, the inappropri ate role of citizen opposition on the
decision of the Planning and Zoning Board, and inverse
condemnat ion. In accordance with Section 2.4.7(E)(3), we
respectfully request a full hearing before the Ci ty Commission to
review this rezoning request and to grant the rezoning. Time is
of the essence due to our clients' substantial investment in dock
construction, which construction was induced by the City's prior
actions.
318 2B
. ., 4
.'
Ms. Alison MacGregor Harty
December 28, 1990
page 4
If any additional information is needed, please contact the
undersigned.
PLB/d1
cc: Mr. Steven Smi1ack
E. Cole FitzGerald, Esq.
318 2B
.I~
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tflv1
SUBJECT: AGENDA ITEM # cr4D - MEETING OF JANUARY 8, 1991
CONSIDERATION OF APPROVAL FOR MURAL AND SIGN FOR DELRAY
BAIT AND TACKLE
DATE: January 4, 1991
The item before the Commission is a request for consideration of
approval of a mural and sign for De1ray Bait and Tackle, located
at 817 NE. 6th Avenue. Both the mural and sign would be painted
on the south wall facing Federal Highway.
The sign has been determined by staff to be the wording area only
within the mural and is not in conflict with the existing sign
code. The mural is 40 feet by 8 feet 4 inches and encompasses
the sign area within its border. The City's sign code does not
address murals; therefore, SPRAB directed the applicant to the
Commission for approval. SPRAB is also requesting direction from
the Commission with respect to establishment of criteria for
approvals of such items.
Recommend consideration by the Commission of the sign and mural
as proposed by Delray Bait and Tackle, with further direction to
staff on how to address this type of item in the future.
, Agenda Item No. :
AGENDA REQUEST
Date: 12/27/90
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 1/8/91
Description of agenda item (who, what where, how much):
Request Commission consideration and approval for Mural and Sign on a
commercial building located on N. Federal Hwy.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Direction Needed
Department Head Signature: ~~-<:~.
Determination of Consistency with Co.prebensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: g; NO tH
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: SIGN CODE WAIVER REQUEST FOR DELRAY BAIT AND TACKLE
DATE: DECEMBER 26, 1990
ITEM BEFORE THE COMMISSION
- -
Request Commission consideration for approval of proposed mural
and sign as submitted by Delray Bait and Tackle, and direction
to staff and the SPRAB regarding an interpretation of the sign
code, which would provide for approvals of murals as being a
separate item from a sign.
BACKGROUND
Delray Bait and Tackle, located at 817 NE 6th Avenue, is applying
for City Commission approval of a mural and sign, both of which
would be painted on the south wall facing Federal Highway. SPRAB
directed the applicant to the City Commission for approval since
our codes do not address murals.
The written sign area (bordered separately within the mural) is
15' x 3', is treated separately and is not in conflict with the
existing sign code. The mural is 40' x 8'4" and encompasses the
sign area within its border.
Staff has determined the sign to be the wording area only within
the mural, with the mural being a separate approval from the sign
area. SPRAB felt that Commission direction is required since our
codes do not address murals. The Board would also recommend a
minimum criteria be established for approval of murals.
RECOMMENDATION
We recommend City Commission consideration of the sign and mural
as proposed by Delray Bait and Tackle and direction to staff be
provided for establishment of criteria for approvals of such
items.
LB:DQ
L5
b:Bait.SW
------------------------------------------------------------
SITE PLAN REVIEW AND APPEARANCE BOARD
------------------------------------------------------------
Agent: Delray Bait and Tackle
Project Name: Delray Bait and Tackle
Project location: 817 NE 6th Ave.
.
I . ITEM BEFORE THE BOARD:
A flat wall sign within a mural border.
I I . BACKGROUND:
Staff has determined the sign to be the wording area only within the
mural. The mural should be a separate approval from the sign area.
III. RECOMMENDATION:
Board's discretion.
Action Taken:
Approved
Not Approved ;>(
.
Approved with conditions:
1 .
2.
3.
4.
5. AGENDA ITEM: !5r-,A
DATE: .-lZ/I4J /11
, ,
-tHY OF DELRAY BEACH SIGN APPLICATION
100 Northwest 1st Avenue, Delray Beach, FL 33444 Permit No.: lJo-r(-7:lO,
Application Date: Permit Fee: X ~ $
Business Owner's Occupational License No.: 91-/rGJ~1 (Includes 'lS Plan Check Fee)
PERMIT FOR: Total Sq. Ft.:
NFlat Wall Sign o Under Canopy o Install New Sign
o Free Standing Sign o Directional Sign o Change Face of Existing Sign
o Fixed Projecting Sign o Other o Enlarge Existing Sign
~ZlJ?:>
DRAWINGS, SPECIFICATIONS, PLOT PLANS IN DUPLICATE MUST ACCOPANY THIS APPLICATION
. Property Control No. D
Supervision sL
Business Name: t1 J
Sign Location Address:~ h~..e; Ic~-I- l~' j)6 I~ B€/ki I ~L'. 3.3 98 3
~ (Ji /lJE br~ /~ /
Name Address / Phone
Sign Owner: 4. k"l{;t R~A!. t?/? .(/ hk. duif (~)) ::J.l~ -SJ/2.
Sign Contractor ~,t:
Property Owner ~ i:.
Contact Person .5A--Uf
Length Height Free Standing Sign ,1/4 ~Xaces
Sign Size: /5' ..3' Height from Ground:
/ /
Sign CoIor(s): (Description, Paint No. and Chips)
Iluminaled: DYes ){No Sign Materials: ~Painted o Raised Letters o Cabinet o Other
Property is Zoned: .D f'L K Il.!:f ~Free Standing Building o Part of Strip
General Wording on Sign: 131} IT AM {) 711cJ:: J ~
Sign contractors must sign below certifying signs under thirty-two (32) square feet will withstand wind pressure
of fifty (SO) pounds per square foot. Signs over thirty-two (32) square feet ust indude a certificate sealed by a
Florida registered engineer. (Sec. 162.021
Signed:
Contract , Owner or Agent
(Qualifier's signature must be notarized if not signed in person at time of submittal)
FREE Sf ANDING SIGN: }_u __UH':~
1. Identify streets shown
2. Show distance from sign
to center of street.
3. Show distance from edge
of sign to property line. N
4. Show street frontage
where sign is located. ~~, - - - - - - - - i:r.: W+E
RATW.....GN, U
"'T
ht and length of bldg. face ~ S
p~ of business bay/suite only) .
on of sign on bldg. .
~ '!t"J Ii", 0" .Ixwe ,,,,, ~." ~ "- - - - -,
. h and/or photos of proposed sign indicating size of sign,
-e; ~ e of lettering, colors (paint noJchips) and sign materials.
~.~... II~ ,y.U;" NOTIfY SIGN INSPECTOR WHEN JOB IS COMPLETE I
INFORMATION:
Triple fee will be charged if sign is installed before permit is received.
Final inspection must be called 15 da~ after sign installation.
Sign permit is void 100 da~ after issuance if not installed.
Approved sign plans must be on-site for all inspections.
o FINAL REVIEW C A B
Cl PReliMINARY REVIEW
Meetings of the Community Appearance Board are held in the first floor Conference Room
City Hall, 100 Northwest 1st Avenue, Delray Beach, al7:oo p.m., the second and fourth Wednesclay of each Month.
DEClSION AND BASIS OF REVIEW
o APPROVED o TABLED MENIED
Comments: ...
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. ~CITY OF DELRA Y BEACH SIGN APPLICA liON
.
100 Northwest 1st Avenue, Delray Beach, FL 33444 Permit No.: qo- r?l J.~
Application Date: Permit Fee: X 5 $
Business Owner's Occupational License No.: 9/-/$I'Cl7// {Indudes '1S Plan Check fee)
PERMIT FOR: Total Sq. Ft.:
)s(Flat Wall Sign o Under Canopy o Install New Sign
o Free Standing Sign o Directional Sign o Change Face of Existing Sign
o Fixed Projecting Sign o Other o Enlarge Existing Sign
~ZlJ~
DRAWINGS, SPECIFICATIONS, PLOT PLANS IN DUPLICATE MUST ACCOPANY THIS APPLICATION
. Property Control No. D
De/~ B~A<=-I J ~. 3.3? 8 3
/
Name Phone
Sign Owner: I,t ~~/f;t R~,'f!. (}bl) :J.)~ -S//z
Sign Contractor ~~
Property Owner ~~
Contact Person SkMf
length Height Free Standing Sign #4 ~ ~aces
Sign Size: (5' ~. Height from Ground:
/ /
Sign CoIor(s): (Description, Paint No. and Chips)
Illuminated: DYes ){No Sign Materials: ~Painted o Raised letters o Cabinet o Other
Property is Zoned: .D €Z 'K1l.!j ~Free Standing Building o Part of Strip
General Wording on Sign: 151} IT AAJ {) 771cJ:: I ~
Sign contractors must sign below certifying signs under thirty-two (32) square feet will withstand wind pressure
of fifty (SO) pou nds per square foot. Signs over thirty-two (32) square feet ust indude a certificate sealed by a
Florida registered engineer. (Sec. 162.021
Signed:
Contract , Owner or Agent
(Qualifier's signature must be notarized if not signed in person at time of submittal)
FREE STANDING SIGN: - - -, - - - - - - - - - - r -
1. Identify streets shown I
I -
2. Show distance from sign : I~
to center of street. :~
3. Show distance from edge I
of sign to property line. I e- l' '~k.. N
4. Show street frontage I I
where sign is located. ~;,~ - - - - - - -i:rW+e
FLAT WAil ".GN:
ht and length of bldg. face , 5
p~ of business bay/suite only) ,
on of sign on bldg. .
~ ~ ling on above plot plan. ~ I- - - - - -I
. h and/or photos of proposed sign indicating size of sign,
-Ii ~ e of lettering, colors (paint no./chips) and sign materials.
... - ~ 1..v;)1 NOTIFY SIGN INSPECTOR WHEN JOB IS COMPLETE I
INFORMATION:
Triple fee will be charged if sign is installed before permit is re<eived.
Final inspection must be called 15 days after sign installation.
Sign permit is void 180 days after issuance if not installed.
Approved sign plans must be on-site for all inspections.
o FINAL REVIEW C A B
CJ PRELIMINARY REVIEW
Meetings of the Community Appearance Board are held in the first floor Conference Room
City Hall, 100 Northwest 1st Avenue, Delray Beach, at 7:00 p.m., the second and fourth Wednesday of each Month.
DECISION AND BAStS OF REVIEW
o APPROVED o TABLED )!CpENIED
Comments: v
1LJ ~ tlJdJ-- 12/1'f /10
Chairman: Date:
, ,
(j) "11 . _ A
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. I !
,j
[IT' DF DELIA' BEA[H
^^"""'.,"",'~;iM$&:2~~~,__.,..,.,,,,~~
CITY AnORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DELRAY BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/2784755
MEMORANDUM
Date: December 28, 1990
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Cable Companies' Use of County Rights-of-Way Within
City Limits
This memo is in response to the concerns raised by Michael
Weiner on behalf of National Cable Company before the City
Commission. Commissioners may recall that there was a concern
raised to the City Commission about Comcastts use of County
rights-of-way line within the City limits for the purpase- or
stringing cable. Comcast originally carne before the City
Commission on November 20, 1990 offering to pay the City a one
time fee of $3,000 to place the cable within the City's
rights-o"f-..-way. The City Commission denied the request and
Comcast indicated they would be using the County rights-of-way
in lieu of the requested City's rights-of-way.
There are several differing entities that have control of the
rights-of-way within the City, including Palm Beach County,
State of Florida, the federal government and the City itself.
Within these rights-of-way, it is those controlling entities
that determine who may place what where in the rights-of-way.
For example, the City has had to get state and county
permission to do certain beautification projects on those
entities' rights-of-way.. The City has been unable to mandate
that it be done in the fashion that we have designed it, and in
fact, on several occasions, design changes have had tobe'made
because of their demands.:;..
In the case at hand, Palm Beach County has apparently given
permission to Comcast to run a trunk line down their rights-
of-way which run through our City limits. National has
requested that the City prohibit such lines from being run
through our City limits. When Mr. Weiner brought this issue up
at the December 11, 1990 City Commission meeting, our office
was unaware of any statutory authority that would allow us to
prohibit the placement of those cable lines within County
rights-of-way. In subsequent conversations ~th Mr. Weiner, he
.
.,
City Commission
December 28, 1990
Page 2
has only been able to point us to sections of our own Land
Development Regulations (2.4.6(N)) dealing with obtaining
permits for work done in the right-of-way. It is our office's
opinion that such permits are required, but the decision to
grant or deny the permit can only be based on some objective
showing that the health or safety problem was inherent in the
engineering design or proposed construction. It is our
office's opinion that while the City could prohibit certain
types of things within rights-of-way (i.e. signs) we cannot
mandate that Palm Beach County prohibit or allow a particular
company to use its rights-of-way (i.e. McDonald's sign okay,
but Burger King not okay).
In looking into this matter, it appears that the work permits
by entities such as FP&L, Southern Bell and the various cable
companies are not obtained on a regular basis and therefore all
could be cited for such a code violation, routinely.
Should any Commissioners have any further questions concerning
this matter, please do not hesitate to contact our office.
JSK:sh
cc: David Harden~-City Manager
.
12/20/90 13:55 'B 407 272 6831 Weiner & Assoc. I4J 02.
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. ;( ,'.. ~ ,4i",M1CHAECiWEINER &~~SSOCIATeS~p,:~ .; ; -
1'~I\l';;:" " _.' ;fi {'" .-,,' j;h%'~'">!fH'\''''~''' , " "
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MICHAEL s. wel"'E~ ~iJ'h>.,J .'. .... . South Palm Beach County: Y (407) 26S-2G66.
~ANDEe J. GOLDER :\\:,;y,,\~.: Not1tl Palm ~ County:' (401):73&.58&8'
RANDt 5. TOMPKINS Browa,d CQunty: (3051 482-4935
OF COUNSEl; Telecopler. (407) 272-6831
PETER J. MURRAY
December 20, 1990
HAND DELIVERED
.-
Mr. David Harden
City Manager
City Manager's Office
100 N.W. 1st street
~
Delray Beach, FL 33444
He: Comcast Cable; Use of Rights-of-Way
Our File No.: NATC(50}OO2
Dear David: -~.
As you know, I represent National Cable, Ltd. You are aware of
the City Commission Meeting of November 20, 1990 at which time
the City Commisslon,denied Comcast Cable the right to lay cable
1 through tne~ity limits to serve others outside of the City
limits~- It was. the understanding of National Cable, Ltd., who
attended the hearing, that Comcast Cable would select a route
around the City limits. I believe that it was the understanding
of others that this ~as the alternative available to Comcast
Cable. However, it later came to the attention of National \
Cable, Ltd. thatComcast Cable had chosen a route through the
! City. Because National Cable, Ltd. believes that this is
different than what was proposed at the City Commission Meeti~g
and because this presents . ~~ important question of. home relefor.,
the cities, they requ~~t~dmy appearance.at t~enext City_m'_. . ,_ _ __ .J..
CommisSion Meeting in~~xd~r to bring tIlls to the attentio(lof the~.:.
Ci ty Commission. 1oU~_ ~_te..aware t.\la~, the City commissioIl,.. -.- . _ . . -, '.n_:_' . -.-'
requested that the i.s~~~~oeaQdressed.. 'you ate also aware thai;: .-::
Comcast Cable is undertaKing this construction as we. speak.
On behalf of National Cable, Ltd., I wish to bring to your
attention Section 2.4.6(N) of the Land Development Regulations of
the City of Delray Beach which provides as follows: "A work.
permit shall be required for construction, excavation, or repair
work in public rights-of-way or public easements,...~ The
ordinance goes on to say that per.mits shall be required for
"overhead and unoergr()und structures cno cable systems".
.
.
12/20/90 13:56 '5' 407 272 6831 Weiner & Assoc. ~ 03
"
t .......
'.--'L'->"
Mr. Dav1d;~arden
Our File No.: NATe (
December 20 I 1990 -
Page 2
We wish to further bring to your attention that Appendix A of the
Land Development Regulations sets forth the definition of a
"right-af-way" as "a strip of land dedicated or deeded to the
perpetual use of the public". Please contrast this with the
definition of "public street" which is "any street which is
dedicated to the public use and accepted for ownership and
maintenance by the city". Obviously, it was the intention of
these Regulations to not only regulate streets but to regulate
all rights-of-way._
Given this clear intention, it is not sufficient to have county
permits alone. It is a proper exercise of the home rule of the
City and its police powers for the purposes of assuring
.; restoration of the rights-of-way and liability. Under these
circumstances, we respectfully recommend to you that a permit be
.. required under the appropriate ordinance and that you do not
.1 allow a precedent to be set undermining the clear', intention of
.;t the new L~n~Development Regulations. ___
I Very- · tY YOprrll --
i . ~ ~\ \
I / ~ :
~ - .. '.
'y_ M u.: \-----
~f~ - ~ae _ S..-. .eine
~I MSW/mph
J cc: Susan Ruby, Esq.
J Al Malefatto, Esq. I
~ Fred Epstlen, Esq.
M
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.
.
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(C) A permit issued by the HRS or a letter from
the City Director of Utilities stating that
such a permit is not required.
( 3) Procedures:
(a) Preliminary plans and/or small scale
projects: Such plans shall be provided as a -
part of the development application and shall
be pr.ocessed as are other portions of such
submission. ~hese plans do not need to be
certified.
'- (b) Final Plans: Final water and sewer plans
~~ which require H.R.S. approval shall first be
'." submitted to the City's Utilities Department for
~ - review and approval prior to forwarding to H.R.S.
Such plans must be provided tQ the City prior to,
or concurrent with, a final plat or a request for
if- certificat.iQn~o_f a sj.te plan.
!i.
';'"
i,:." A project which does not require review and
'''!:'- '
~~ ;., approval by the H.R.S. shall be submitted
f~'-. directly'to the City Utilities Department for
,~ approval. Upon approval, the Director of
--, Utilities shall notify the City Engineer of
---..-:-.. ,-
:;.'.
such action.
(4) Findings: Prior to certifying any water or sewer
plan, the City Engineer must find that the plan:
...~. (a) Has been approved-by the either H.R.S. or the
Director of Utilities, as appropriate
(b) Is in compliance with general engineering
practice as exercisedb~ the Ci ty' of~Delray
Beach, and
(c) Is consistent with and compatible to the
approved site plan, landscaping plan, and/or
associated plat.
(N) Approval of work in the public right-of-way or a public
easement:
1.-- ( l) Rule: A work permit shall be required for
- construction, excavation, or repair work in public rights-of-way
--- -
or public easements, including bicycle paths and sidewalks and
for work owned by the City or dedicated to. the City. Such permits
shall be required for: [102.0l(A)]
2.4.69
--.-
,'.i .'-:." _.
:11';\'\" " .~
i f..... ..:.~.t.:.:.~*;~~i~~~lj~.~~.~~~i..U.t:t .' . . .' _"'.' '". '.:_
11 ~.,r"(a>, ,,' 'Wofk':'.'which'.i~dl:Udes, but is not, limited ,~)"L;t
: .': water and sewer systems, ,'.street pavingi"t; ..',L,
A" bridges, sidewalks, driveways, swales, curbs~~"
median" paving, overhead and, underground;)
structures and. cable systems, or any other
underground installation;
~-
(b) And for routes for moving houses, buildings,
or heavy equipment;
. (c) Arid use of rights-of-way for purposes other
than for which they were intended;
Infrastructure improvements which are being done pursuant to an
approved plat or certified site plan do not require a separate
i work permit. [l02.001(B)]
(2) Required Information: The following information
is required when~seeking a work permit:
j
, (a) An "application for work permit" as
promulgated by the City Engineer
(b) Agreements, per standard format, which
address liability and restoration matters
i (c) 'Two sets of plans depicting the proposed work 41
1 -~.~- (d) Processing feeu-per 2;4.3(K)
: (3) . Procedures: An application shall be delivered
directly to the City Engineer who shall be responsible for its
processing. The City Engineer is hereby authorized to approve,
deny, or approve with conditions such an application.
I ( 4 ) Compliance Requirements and Conditions:
(a) The applicant must agree to inform the City
Engineer of commencement of work, allowing
~ sufficient, time for establishing field control' _
points and order providing for- traffic control'.. ',,,- ,
, (b) The applicant must agree" to assume full'-
responsibility for any injury to persons, and
for any damage to property of existing
facilities that may arise as a result of the
work for which a permit is obtained.
.
.
.
2.4.70
,. "f."
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~' ;~!i~~~eJ.-~~~Jj',.~~S~\~:~~i~C;~(~~t-).i,~';-irl:~~'i;/f;, ,,' :. .' ,'. , ;. ;
- ,. i\ 'Jl,...,ti,ltf. '." )""l~+~,..",,,,;I;"'I~ f-I'"_'''''''''~''' 'y '.' " ..,.'".,...,.~..".
"~'-'_ "-;,/.~:t~.~~_,"->'.,;', ','~,' _~!;t~;~.'.,,~~~}~f~' . "::-.' -\;(-1rlt--,~[~-~~~'/",,~':"r'~;~'-: : .{f,. ':.<. ,.' ;~_/';:':~~<.~",'.:~'-'-_;{t_'.'<.~:,';;~
;' "'.' .'.""'. ,_.,~;;~r."!1.;C..-'" .,,~;:' \ 31. ~-.n.."...~.,.'.ol'i"' \, ii..., ' '{C~ -,,,, . ,..,',\.3',....,;'''.>'-;'t'.,:s;'''...p;.~'.('li''. ,',.bi
'${';r;i ,.#1{i;-';~.~~i~;ff;~~.';i,:~~~ ". if: '; ..~}~,~~X;1?F..f ,. . " ; " ,*>./,., ;,' . .'~.. fl~ \i~:~,iA'f;':\ ,1>(;;.
. /~(Cpr~JThe.,'J';app11cant..,';\(must .' agree~'to:,'~i~e3i;~~~J.rJ~:fF
.(:\;'.'restore;,all J, property. which> is'disturpec:i~~'lJr+~-t'
, damaged .'. in connection wi ththe "work' fo]:.'~wJfich'!;'
the permit was issued; and further agree';(that..i:;'
if he fails to do so, the City may proceed to
do so and all costs thereof, including a
reasonable attorney's fee and court costs
shall be borne by the applicant.
(d) Agrees that work under the peFmit shall be
discontinued on Saturdays, Sundays, or legal
holidays except in cases where the work must
proceed in order to protect the public
health, safety or welfare and for which
permission must be first obtained from the
,- - City Engineer.
(e) If the City Engineer determines that the~e is
s- a likelihood of damage, he may require the
applicant to post a bond or other equivalent
security in an amount which shall be set by
the City Engineer and in a form with surety
and conditions approved by the City Attorney.
_ __~--'" ._( 4) Findinqs: Upon satisfaction of the above, the
.. City:'Engini!er shall issue a work permit which is not transferable
and which shall be .voidafter60 days from the date of issuance
unless '~CJf'~F'.l1as ". been started.
'., .' ji;..'" ...~. --,,' I .J
-_ i5l' ~'~donm.ent of Riqhts-of-Way:
(1) Rule: Public right-of-way may be abandoned
(returned) to the fee description of adjacent property to the
same degree in which it was originally obtained i. e. property
dedicated. exclusively from a single parcel shall be, returned to
that parcel; property dedicated th~ough subdivision shall be
divided at the center line and returned equally to abutting
parcels. Abandonment of right-of-way may be granted by a formal
resoluti~n enacted by the City Commission.
, ( 2 ) Required Information:- . ,.
.
. (a) An application form as promtilga't'ed :by the-
City Engineer
(b) A survey of the property which is to be
abandoned with said survey showing all
improvements (including utility locations)
which are within or inunediately adjacent to
the. property to be abandoned; and including
. adjacent property lines and identification of
= . property owners and business located thereon.
.
2.4.7l
," '''It
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, /' , ~,,'-v-r c:
'- .,. l~ '-
H b L 1!; I V E .r~' 0r~'~
MICHAEL S. WEINER & ASSOCIATES, P.A. JAi\f 2 1991 [1701
A TTORNEYS AT LAW
The Gulfstream Building, Suite 407 Cfry MAI~4GC'-'
1177 N.E. Eighth Street r( ,) OfFIC:
Delray Beach, Florida 33483
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
RANDEE J. GOLDER North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462-4935
OF COUNSEL: Telecopier: (407) 272-6831
PETER J. MURRAY
December 31, 1990
CERTIFIED MAIL - RE~URN RECEIPT REQUESTED
Mr. David Harden
City Manager
City Manager's Office
100 N.W. lst street
Delray Beach, FL 33444
Re: National Cable, L td . ; construction by Comcast Cable within
city limits of Delray Beach
Our File No.: NATC(SO)002
Dear David:
Enclosed is a photocopy of the letter which I have sent to each
of the Commissioners and the Mayor regarding the possible
violation by Comcast Cable of Section 2.4.6 (N) of the Land
Development Regulations of the City of Delray Beach, Florida.
As stated at the meeting of December 28, 1990, I am hereby
requesting that this matter be placed on the agenda for the next
regularly scheduled City Commission Meeting for the purposes of
determining the applicability of the Ordinance, and if
applicable, appropriate enforcement.
I believe time is of the essence since improvements were and are
being completed during this period of public discussion.
Please consider this letter my formal request to have this item
placed upon the public hearing agenda. It is my understanding
that the next regularly schedule City Commission Meeting is
January 8, 1991. This letter is in confirmation of the oral
request which I made at the meeting of December 28, 1990. I
assume that I will hear from you telephonically if for some
reason this item cannot be placed upon the agenda. Please note
,I~ '''I.'
.
Mr. David Harden
Our File No.: NATC(SO)002
December 31, 1990
Page 2
of this letter and the enclosures has been sent to
rk's office and the City Attorney's office.
r.~Sw/mph
cc: Jeff Kurtz, Esq. (w/enclosure)
City Clerk's Office (w/enclosure)
National Cable, Ltd. (w/o enclosure)
.' \
1 {
{
MfCHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS A T LA W
The Gulfstream Building, Suite 407
1177 N.E Eighth Street
Delray Beach, Rorida 33483
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
=lANOEE J. GOLDER North Palm Beach County: (407] 736-5888
RANOI S. TOMPKINS 3roward CDunty: (305) 462-4935
Telecopier. (4D7] 272-6831
OF COUNSEL
PETER J. MURRAY
December 28, 2.990
The Honorable Mayor:- Tom Lynch
c/n ?la.stridge ':;.gency , Inc.
, .~
320 :T 0 ct h ?ederel f-righwey
Del.cc.~; Beech, -:;>r 33483
~r. Armend Mouw
Mouw Associates, Inc.
409 N" ,., "l y-~ SL,.-oa+-
1.. 4::=". -'L'-.l 1--....._........L.
Delrev Beech, 4'T 33483
L '--'
Mr. Devid Randolph
105 N .'.-1. 11th Avenue
Delr:-ey Beach, FL 33444
~r:-. William .'\.r1.drews
22.7 ~..E. 4th street
Delrey Beech, ?L 33444
:;ey ~.\lpet" ir.l, O.0.S~
2100 Leke ::::Ce KOed
')elrey Beach, -'r 33445
r:.LJ
?e : Neticnai CaDle! ':"" L ~ Service Within the C~t.y Limi~s of
w L.a . ;
')elrav
Cur:.- ?=-~e No. NATC(50)OO2
Gentlemen:
As fOU <now, , ii:!ve ::-eq'Jes-c:ed i:! few .Tloment:s :-'0 speak r'::U=:.!:q
Dual i.c comme::t: on ~ehal f of my client, Netional Cable~ ' i-,.-j - ~
--J"-......... ,
::he specially set City Commission :1eetin.g of Qecemoec 28, ':"990.
- ~2ve a.lreedy ~cevi..ouslv b"Cought ':0 jour ettention ~he :Joss:.::'~e
- - -
'1.:.o1ation :::::v Comcast Ceole 'Jf Sec::i.on 2.4:.6 (N) of ::2e ::"eo.d
:Jevelocmen-c: ?~e~..llat:"'cQs :-eqtl ~ ~ 2-.2.,;; a9provel OT 'Nor~ .; -, =- ::;...:hli.c:
.. - - ~Hr ~ tten tile Ci.ty :~'. t l:0 C2ev end ::he ,..-., ~ ........
::::.gr:t:.-c::-'./Jay. - ....1ave :]0:::: '~- - /
~2n2se'C CO[lC2!.""~.:.~g this Q cd ~.t:2n.ce ~nd t:.l1e defi.~~ tic:,:.. ~,- ::,u~l-=-c
~ -
:- ~; h. ~ - c -= - ~H a Y' ";'; r:..:.:::: 3peci.:.:.ca-=-.2..f ':'~'lcludes ~..c.'(1 S-C::-::J ~'- i.2:DC
~eciC:2t2c :::J :"'--:~ :...252 of t~'1e ;;~jl~.::: 4
i
The Honorable Mayor Tom Lynch
Mr. Armand Mouw
Mr. David Randolph
Mr. William Andrews
Jay Alperin, D.D.S.
Our File No.: NATC(SO)002
December 28, 1990
pase 2
_ have also brought to your attention the :ac~ that cne
imocovements of Comcast Cable ~ere being comcleted dueing the
time that chis matter was brought berore you. To che jesc 0: mv
client's knowledge, they continue to Droceed wich theie
imcrovemencs despite your inquiry.
Since there seems to be no compliance, I would like to fur~hec
bring to youe attention Section ~.4.2(a) 0: che Land JeveloD~enc
?,e(jt..:la1:ions, .....r:ich is notice of '/iolations as : '- speci.:ical~y
applies to Dublic ~ights-cf-way. ~~ states ~~at t~e Cit~1
~Dgineer and the Code Compliance Administrator shall enforce
these Land Development 2egulations as chey oec1:ain to the
olacement 0: improvements and the use or auelic righ1:s-o.:-~ay.
~f ror some reason there cannot be further discussion of this
matter at the specially set City Commission Meeting, I am
requesting the following be done before the next City Commission
~jeeting :
1. A determination be made as to the applicabilitv of these
ordinances to the situation at hand;
2. That the proper par1:ies be n01:iried or a violation. ~=
3D};
~. ~nforcement or any violation. i~ any. be initiaLed; and
f __ ~~e 8rc~~ance :s ~o~ 39Pl~ccDle ~~8 ~hece ~s ~o
v~olat~on~ an eXDlanation of what ~=e ~~dincnce dees ~nd
coes ~ot cover be made.
The genera~ aublic confidence ~ill be Jr.der~inec ~_ =hece lS ~cc
a pcompt ~esolut~sn of what seems ~o 8e 2 c~m~~e~e ~~sLega~2 ~-
:~-:e ;;er;ni::-::i.:.1.g precess. '~a 'liolc.t.:..cn jas=c:::~:-:-2G I _'- shsul'2
:1oe '::e/i.!;Ilored.
, "
/'
'Je:::..(f t.::::'-'.J.l'l fOu::::,-s;
\ -
/
/: ,. ..
/' \ ~ ,:. ,1,1\ rll ,{ ,,' I
A/-J I i.).JJ\ , ( . \ .... .
// .J ,J ~I \ ..U J '~ ''.)v
/ ~c::ae2.. S. ''''6!lne::-
~5~,~/~cr:
--- ~a~i8~~1 =2b~e: ~td.
. ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttJtIt
SUBJECT: AGENDA ITEM # q ,:: - MEETING OF JANUARY 8, 1991
CONSIDERATION OF REQUEST FOR WAIVER OF SIGN CODE -
GREATER DELRAY BEACH CHAMBER OF COMMERCE
DATE: January 3, 1991
The item before the Commission is consideration of a request from
the Greater De1ray Beach Chamber of Commerce to waive Section
4.6.7(D) (3) (j) of the Sign Code. This waiver would allow them to
place signs along the Military Trail and Congress Avenue
corridors, as well as on Linton Boulevard and Atlantic Avenue for
their annual membership drive from January 15 - February 1, 1991.
These signs are the same size as political signs and would be
placed on wooden stakes.
The Si gn Code does not permit this acti vi ty and a determination
by staff could not be made under the special events category to
accommodate this request. Therefore, direction from the
Commission is requested.
Notice of the request for waiver has been published in the Delray
Beach News in accordance with Code requirements and, if the
request for a waiver is tentatively approved by the Commission, a
public hearing will be held on January 16, 1991.
While I certainly recognize the significant contributions of the
Chamber of Commerce to our community, I am concerned about the
precedent which would be set by granting this type waiver. There
are many worthy organizations in the community which might want
to use similar advertising techniques for some special campaign.
Also, many people consider this type of signage to be especially
objectionable. Other people are not bothered by it and I don't
know how this Commission feels.
Recommend the request for a sign code waiver be denied.
.
December 27, 1990
(,4 51.!:. 'J:tl ^Vt'\Hlt' . j)l!lr(~ FkClCh, FL J'~4-.S3 Cc;(1S
T,l"I.ho;,,, 27Sk~ Dave Harden Adv f' ~
City Manager
City of Delray Beach
100 N.W. 1st Avenue S ~J:J- rt"~C1
Delray Beach, Fl. 33444
Dear Dave: ~ III~
As per our telephone conversati Lu-fR
-- --_....&.&'=', ,-ue Greater
Delray Beach Chamber of Commerce will be sponsoring its
annual membership drive from January 15 - February 1, 1991.
We believe this is an event that requires the type of/
publicity afforded to other events sponsored by the Chamber,
such as the Delray Affair.
If the City is to continue to have a strong economic and
social base, it is imperative that the Chamber thrive to
support the City in its efforts.
The strength of our membership dictates to what extent we
can assist the City, and we hoped to increase this
membership or at least awareness of this event through
signage.
We have had a professional artist design artwork in
compliance with the drive theme that are the same size as
political signs. We are looking to place them on wooden
stakes, like the political signs, along the Military Trail,
Congress Avenue corridors, and Linton Boulevard and Atlantic
Avenue. It is essential that this event have this signage
to be a success.
Therefore, we respectfully request that a waiver to the sign
code be granted to the Greater Delray Beach Chamber of
Commerce for this event. The signs will be placed early
Sunday morning, January 13, so as not to impede traffic and
will be removed immediately on Saturday, February 2 after
the event.
We appreciate this request being submitted to the City
commissioners for approval at the January 8th meeting.
ti Russell 86-~ .fl
ership Chairperson President
cc: Ken Ellingsworth f;)
Alison Judd
ACCREDITED
c.-........O#'c.--...~
.. ~... .;' . J...., ., .
. ,~ . . /JI/7/Qo Ill/)
MEMORANDUM
FfJ. 0.'1 (~ DAVID HARDEN - CITY MANAGER
COMMUNITY IMPROVEMENT~
'-r;;,' ~: LULA BUTLER - DIRECTOR,
SUBJECT: CHAMBER OF COMMERCE MEMBERSHIP DRIVE
DATE: DECEMBER 13, 1990
I received the attached letter from the Chamber of Commerce
Committee Chairperson on Tuesday, December 11th. I am submitting
this to you for your direction and possible contact with the
Commission regarding their request, since our sign code would not
permit this activity.
I tried to make the determination under our special event
category to accommodate this request but it would be stretching
the letter of the law. This might be something the Commission
may wish to consider as a waiver to our sign code requirements.
In any event, I think we could possibly handle by touching base
with the Commission. Otherwise, I will have to write a letter
informing the Chamber that we cannot permit the posting of signs
as indicated.
Please let me know your thoughts on this matter.
LB:DQ
Attachment ~ ;X' " Q--t~ ~ ~t. -:cL,.t- wt.t-
/f-' ~-z,./ c...." , - (
d/8 ~~~~~ ~-tLer~,
Q ~i~' ~ ~~ ~ v '
Chamber.CM c; . .~" tL ~~r-- l,J?-~
fc~~Qc~- -,
?J1
DI\
. . r/1
Ka. t:.h 1 f9f9rl. E_ Da.lf9Y
One Park Place
621 N.W. 53rd Street
Suite 240
Boca Raton, Florida 33487
(407) 997-8768
CITY OF DELRAY BEACH
1991 LEGISLATIVE AGENDA
MAYOR: TOM LYNCH
VICE-MAYOR: WILLIAM ANDREWS
DEPUTY VICE-MAYOR: DAVID RANDOLPH
COMMISSIONER: JAY ALPERIN
COMMISSIONER: ARMAND MOUW
90-
". ,..."
Ka.1::.hl~~~ E. Da.l~y
One Park Place
621 N.W. 53rd Street
Suite 240
Boca Raton, Florida 33487
(407) 997-8768
MEMORANDUM
TO: Delray Beach City Commission
THROUGH: David Harden, City Manager~
FROM: Kathleen E. Daley and Associates
DATE: January 4, 1991
SUBJECT: 1991 Legislative Agenda
-----------------------------------------------------------------
I. Appropriations Reauests
A. Federal Government........................$3,442,734.00
To complete the total allocation for the
1991 scheduled beach renourishment project.
To date we have received the following:
State Allocation.....................$2,007,236.00
Local Allocation.....................$ 901,599.00
Total cost of the project............$6,351,569.00
B. Fire station/Land Acquisition.............$ 500,000.00
Cost for land acquisition for the new
Fire station.
This is projected to be a community re-
development project and a community
service facility. Monies have been
approved by the Department of Community
Affairs through the Safe Neighborhood
Grants Program. (Fire Department)
c. Redevelopment/Community College Campus....$3,000,000.00
Request from the Department of
Community Affairs or the Department of
Education (Community College Budget),
to buy the old Winn Dixie site to be
used as a branch campus for Palm Beach
Community college. (CRA)
".
.
January 4, 1991
Page Two
D. Old School Square ........................$ 300,000.00
Request from Secretary of State
Division of Cultural Affairs
Cultural Facilities Grant Program.
II. Local Bills
A. Downtown Development Authority
Request from the legislature an expansion
in the Delray Beach Downtown Development
Authority. (see attached proposed bill)
III. General Bills (State Wide Application)
A. Hazardous Waste
Support the efforts proposed to further regulate the
transport of hazardous waste. In addition, support
Representative Carol Hanson's legislation which would
create a Hazardous Waste Study Commission. (Fire
Department)
B. Annexation
Support legislation which would allow municipalities to
annex those parcels which are surrounded by 3 sides by
one municipality.
C. Community Redevelopment Agency
Request a change in present law, chapter 163 of the
Florida statutes, to eliminate some of the barriers which
exist in the current statute. The change would greatly
assist our eRA in redeveloping and enhancing our
community redevelopment area. (see attached language)
IV. Florida Recreation and Parks Association (FRPA)
Support the 1991 Legislative Platform of the FRPA. (see
attached)
V. Florida Inland Navigation District (FIND)
This is part of the FRPA' s platform as well. We have
historically supported FIND as it benefits the City directly
through it's grant program.
,~'" ,;, ~.
A bill to be entitled
An act relating to the Delray Beach Downtown
Development Authority, Palm Beach County;
amending Chapter 71-604, Laws of Florida, as
amended; expanding the downtown development
authority area description to include properties
eastward of the Intracoastal Waterway, northward
of. current downtown development authority area
to include those properties lying South of N.E
4th Street, southward of the current Downtown
Development Authority area to include those
properties lying North of S.E. 3rd Street, .
bounded generally on the west by N.E. 1st
. . .Avenue, all such properties lying within the
municipal boundaries of the City of Delray
Beach; providing for a referendum.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 3 of chapter 71-604, Laws of Florida,
as amended, is amended to read:
Section 3. DOWNTOWN AREA DESCRIPTION - The Downtown
area includes all lands lying within boundaries described
as:
.
1
."
Beginning at a point on the intersection of the High Water
Mark of the Atlantic Ocean and the easterly projection of
the north line of the south half of Lot 13, Plat of the
Fractional East Half Section 16, Township 46 South, Range
43 East (according to the plat thereof as recorded in Plat
Book 1, Page 25 of the Public Records of Palm Beach
County, Flor ida) : thence in a westerly dir.ection along
said easterly projection to the centerline of the right of
way for Andrews Avenue: thence southerly along said
centerline to the easterly projection of the line 135 feet
north of the south li.ne of Block 164, Town of Linton
(according to the plat thereof as recorded in Plat Book 1,
Page 3 of the Public Records of Palm Beach County,
Florida): thence westerly along said easterly projection a
distance of 195.09 feet to a point: thence northerly to
the south line of Lot 4, Resubdivision of a portion of
Block 164 (according to the plat thereof as recorded in
Plat Book 18, Page 47 of the Public Records of Palm Beach
County, Florida): thence westerly along said south line to
the east plat limit of Seabreeze Park Subdivision (accord-
ing to the plat thereof as recorded in Plat Book 4, Page
31 of the Public Re~o~ds of Palm Beach County, Florida):
thence north along said east plat limit to the southeast
corner of Lot 21, of said Plat of Seabreeze Park; thence
westerly along the south line of said Lot 21 and the
westerly projection thereof to the w~st plat limit of
2
."
Seabreeze Park; thence southerly along said west plat
limit to the southeast corner of Lot 29, Lowry Park
Estates (according to the plat thereof as recorded in Plat
Book 24, Page 156 of the Public Records of Palm Beach
County, Florida); thence in a northwesterly direction to
the southwest corner of said Lot 29; thence continuing
along the extension of said line to the inkersection with
the west right of way line of East Road (as shown on the
said pla t of Lowry Park Estates); thence southwesterly
through a curve to the right to a point in the northerly
right of way of said East Road; thence 14.74 feet along
the northerly right of way to a point in the west right of
way; thence southerly along said west right of way and
the-southerly extension thereof to a point of intersection
with the south right of way of East Atlantic Avenue (also
known as State Road 806) ; thence westerly along said
south right of way line of East Atlantic Avenue to the
intersection of the centerline of the Intracoastal Water-
way right of way; thence northerly along said centerline
of the Intracoastal Waterway to the intersection with the
easterly projection of the centerline of N.E. 1st Street
right of way; thence westerly along said easterly projec-
tion to the southerly projection of the west line of Lot
20, Block 115, Town of Linton (according to the plat
thereof as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida) ; . thence northerly
3
."
along said southerly projection of west line of Lot 20 to
the southwest corner of said Lot 20; thence northerly
along the west lot lines of Lots 20, 19, 18, 17, 16, 15,
14, 13, 12, and 11 of said Block 115 to the northwest
corner of Lot 11, of said Block 115; thence northerly
along the northern projection of the west line of said Lot
11 to the southwest corner of Lot 20, Blo_ck 114, Town of
Linton (according to the plat thereof as recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach County,
Flor ida) ; thence northerly along the west line of Lots
20, 19, 18, 17, 16, 15, 14, 13, 12, and Lot 11 of said
Block 114 to the northwest corner of Lot 11, of said Block
114; thence northerly along the Northern projection of
the' w.est line of said Lot 11 to the southwest corner of
Lot 14, Block 113, Highland Park (according to the plat
thereof as recorded in Plat Book 2, Page 79 of the Public
Records of Palm Beach County, Florida) ; thence northerly
along the west line of Lots 14, 13, 12, 11, 10, 9, 8, 7,
6, 5, 4, 3, 2, and 1 of said Block 113 to the northwest
corner of Lot 1, of said Block 113; thence northerly
along the northern projection of the west line of said Lot
1 to the intersection with the centerline of the right of
way of N.E. 4th Street; thence westerly along said
centerline of N.E. 4th Street to the centerline of the
right of way of N.E. 1st Avenue; thence southerly along
said centerline of N.E. 1st Avenue to . the intersection
4
."
with the centerline of the right of way of N.E. 3rd
Street; thence easterly along said centerline of N.E. 3rd
Street to the intersection of the projection of the east
property line of Lot 1, Block 74; thence southerly along
the east line of Lots 1 , 2 , 3, 4, 5, 6, 7, 8, 9, 10, 11,
and 12 of said Block 74 to the northeast corner of Lot 1,
Block 75; thence southerly along the eas~ line of Lots 1,
2, 3, 4, 5, and 6, Block 75 to the northeast corner of Lot
7 of said Block 75; thence westerly along the north line
of Lot 7, Block 75 to the centerline of N.E. 1st Avenue;
thence southerly along said centerline of N.E. 1st Avenue
to the intersection with the centerline of N.E. 1st
Street; thence westerly along said centerline of N.E. 1st
Street to the intersection with the centerline of Swinton
Avenue: thence southerly along said centerline of Swinton
Avenue to the westerly projection of the north line of Lot
7, Block 69: thence easterly along said north line of Lot
7, Block 69 to the intersection with the centerline of the
right of way of N.E. 1st Avenue; thence southerly along
said centerline of N.E. 1st Avenue to the intersection
with the centerline of the right of way of S.E. 2nd
Street: thence easterly along said centerline of S.E. 2nd
Street to the intersection of the northerly projection of
the west line of Lot 2, Roebucks Resubdivision of Block
103 (according to the plat thereof as recorded in Plat
Book 2, Page 19 of the Public Recoqls of Palm Beach
5
,'< l,,"
County, Florida); thence southerly along the northerly
projection of the said west line of Lot 2 to the northwest
corner of said Lot 2; thence southerly along the west
line of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12, of said
Roebucks Resubdivision of Block 103 to the southwest
corner of said Lot 12; thence southerly along the south
projection of the west line of said Lot_ 12 to the inter-
section with the centerline of the right of way of S.E.
3rd Street; thence easterly along said centerline of S.E.
3rd Street to the southerly projection of the west line of
Lot 13, Gracey - Byrd Subdivision of Block 119 (according
to the plat thereof as recorded in Plat Book 10, Page 52
of the Public Records of Palm Beach County, Florida) ;
thence northerly along said southerly projection of said
Lot 13 to the Southwest corner of said Lot 13; thence
northerly along the west lot line of Lots 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, and 24, of said plat of Gracey
- Byrd Subdivision to the northwest corner of Lot 24, of
said Gracey - Byrd Subdivision; thence northerly along
the northern projection of the west line of said Lot 24 to
the southwest corner of Lot 12, Subdivision of Block 118
(according to the plat thereof as recorded in Plat Book 2,
Page 8 of the Public Records of Palm Beach County,
Flor ida) ; thence northerly along the west lines of Lots
12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2 and 1, of said Sub-
division of Block 118 to the northwest Gorner of Lot 1 of
6
". ,.."
said Subdivision of Block 118; thence northerly along the
northern projection of the west lina of said Lot 1 to the
southwest corner of Lot 24, Block l17, Town of Linton
(according to the plat thereof as recorded in Plat Book 1,
Page 3 of the Public Records of Palm Beach County,
Florida) ; thence northerly along the west line of Lots
24, 23, 22,21, 20, 19, and 18 of said_Block 117, to the
northwest corner of Lot 18 of said Block 117; thence
easterly along the north line of said Lot 18 and easterly
projection thereof, to the east right of way line of S.E.
7th Avenue; thence southerly along the east right of way
line of S.E. 7th Avenue to the southwest corner of Lot 10,
Palm Square, and unrecorded plat located in Block 125 and
the.North Half of Block 133, Town of Linton (according to
the plat thereof as recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Flor ida) ; thence
easterly along the south lot lines of Lots 10, 45, 57, and
92 of said unrecorded plat of Palm Square to the point of
intersection with the east right of way of the
Intracoastal Waterway; thence Southerly along the East
right of way line of the Intracoastal Waterway to the
Southwest corner of Block 141, Town of Linton (according
to the plat thereof as recorded in Plat Book 1, Page 3 of
the Public Records of Palm Beach County, Florida); thence
Easterly along the South line of said Block 141 and
extension thereof to the Southwest corn~r of Lot A, John
7
." "'I>
,,'
B. Reid's Village Subdivision (according to the plat
thereof as recorded in Plat Book 21, Page 95 of the Public
Records of Palm Beach County, Florida) ; thence to a point
on the Southeast corner of said Lot A; thence in a
Northerly direction along the West line of Lot 7, Block C
of said plat of John B. Reid's Village Subdivision to the
Northwest corner of said Lot 7; thence Easterly along th~
North line of said Lot 7; thence Southerly along the East
line of said Lot 7 to the Southeast Corner of said Lot 7;
thence easterly from the easterly projection of the south
line of said Lot 7 to the Southwest corner of Lot 8, Block
4, Ocean Park Subdivision; thence Easterly along the
South line of said Lot 8 to the Southeast corner of said
Lot. .8; thence in a Northerly direction along the East
line of Lots 8, 7, 6, and 5 to the Northeast corner of
said Lot 5 (being in Block 4, Ocean Park Subdivision, as
recorded in Plat Book 5, Page 15 of the Public Records of
Palm Beach County, Florida) ; thence Easterly to the
Southwest corner of Lot 7, Block 3; thence Easterly along
the South line of said Lot 7 to the Southeast corner of
Lot 7; thence Northerly along the East line of Lot 7 to
the Northeast corner of Lot 7; thence Easterly along the
North line of Lot 24, Block 3 , of said Ocean Park Sub-
division to the Northeast corner of said Lot 24; thence
Easterly to the Northwest corner of Lot 7, Block 2, of
said Ocean Park Subdivision; thence in an Easterly
.
8
l!
-- -
163.380 (2) SHALL BE AMENDED TO READ:
(2) Such real property or interest shall be sold, leased, otherwise transferred, or retained
at aat less tlias its fair value 1:'YM~l~:):q~~;;rmm~4,)))t.9;:)I~;:}'#.;:J!;i:;ii:llM#:::mt~r#:~! for uses in accordance
with the community redevelopment plan and iD accordance with such reasonable ~ol8petitive biddiBg
4mp.~~ procedures as any county, municipality, or community redevelopment agency may prescribe.
io"de"iermining the ~ value of real property iMpi:~i~:::)~9::::rij::::i"p~~f:::li;wijt~ for uses in accordaDce
with the community redevelopment plan, the county, municipality, or community redevelopment
__ii~_
and the covenants, conditions, and obligations assumed by, the purchaser or lessee or by the county,
municipality, or community redevelopment agency retaining the property; and the objectives of such
plan for tbe prevention of tbe recurrence of slum or blighted areas. The county, municipality, or
community redevelopment agency may provide in any instrument of conveyance to a private
purchaser or lessee that such purchaser or lessee is without power to sell, lease, or otherwise transfer
the real property without the prior written consent of the county, municipality, or community
redevelopment agency until he has completed the construction of any or all improvements which he
has obligated himself to construct thereon. Real property acquired by the county, municipality, or
community redevelopmeDt agency which, in accordaDce with the provisions of the commuDity
redevelopmeDt plan, is to be transferred shall be traDsferred as rapidly as feasible in the public
interest, consistent with the carryiDg out of the provisions of tbe community redevelopment plan.
Any contract for sucb traDsfer aDd the community redevelopment plan, or such part or parts of such
contract or plaD as the county, mUDicipality, or community redevelopmeDt agency may determine,
may be recorded in the land records of the clerk of the circuit court iD such manner as to afford
actual or constructive Dotice thereof.
163.380 (3) SHALL BE DELETED IN ITS ENTIRETY
163.380 (4) SHALL BE RENUMBERED TO BE 163.380 (3)
163.380 (5) SHALL BE RENUMBERED TO BE 163.380 (4)
xxxxxxxxxx is laDguage that is stricken from the Statute
!,!!!iiiii! is laDguage that is added to the Statute
". ".1'
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM 4/: CJ H - MEETING OF JANUARY 8, 1991
CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN FOR A
PROPOSED JIFFY LUBE (WAL-MART PLAZA)
DATE: January 4, 1991
The item before the Commission is a request for approval of a
conditional use request and attendant site plan to allow a
"vehicle lubrication facility" (Jiffy Lube) on a vacant outparcel
at the Wal-Mart Plaza located on the west side of Military Trail,
south of Linton Boulevard.
This matter was previously before the Commission on November 13,
1990 at which time it was remanded to the Planning and Zoning
Board with direction to reconsider the appropriateness of the use
and to also consider a redesign as proposed by the applicant.
The Planning and Zoning Board formally considered the matter on
December 17, 1990. The issues of use and design were considered
separately. As to use, the Board recommended approval of the
conditional use on a 4 to 2 vote (Purdo and Naron in opposition;
Parker absent). As to design, the Board recommended approval of
the attendant site plan on a 5 to 1 vote (Purdo in opposition;
Parker absent). The basis for these recommendations is provided
in the accompanying backup material.
Recommend approval of the conditional use request and attendant
si te plan for the proposed Jiffy Lube pursuant to the findings
and recommendations of the Planning and Zoning Board.
C I T Y COM MIS S ION DOCUMENTAT I ON
TO: ALISON MACGREGOR-HARTY, CITY CLERK
FROM: ~~~~RECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN FOR A
PROPOSED JIFFY LUBE (Wal-Mart Plaza)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use Request and an Attendant
Site Plan. The use is that of a "vehicle lubrication
facility" which is allowed as a Conditional Use in the GC
Zone District.
The action is being taken under the pre-LDR Development
Regulations i.e. Chapter 173 of the Zoning Code.
The project is a Jiffy Lube and separate retail building.
It is located on Military Trail, west side, south of
Linton.
BACKGROUND:
This item was before the City Commission in December at which time
it was referred back to the Planning and Zoning Board with direction
to:
a) reconsider the appropriateness of the use; and,
b) consideration of a redesign as proposed by the applicant.
Please refer to your previous Documentation and the Planning and
Zoning Board Staff Reports for more background, and a full
description of the requested actions.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 17th. The Board considered the questions of use
and design separately.
City Commission Documentaiton
Conditional Use Request and Attendant Site Plan For A Proposed
Jiffy Lube (Wal-Mart Plaza)
Page 2
Re: Use - On a 4-2 vote (Purdo & Naron in opposition, Parker
absent) , the Board recommended approval of the Conditional Use
request based upon a determination that the use is appropriate
within GC Zoning since it is more a customer convenience use than an
auto repair use; and further, that it is an appropriate use for this
particular location. One person, representing an office condo, east
of Military Trail, spoke in opposition to the use.
Re: Design - On a 5-1 vote (Purdo in opposition, Parker absent),
the Board recommended approval of the Attendant Site Plan. Prior to
the vote, Board Members noted that their concerns, expressed at the
last meeting, have been addressed in that the bay doors are not
facing Military Trail, a wing wall and landscaping are provided
along the east elevation, and the traffic pattern is altered so that
vehicles will not be backed up into the property to the north.
RECOMMENDED ACTION:
By motion, approval of the Conditional Use Request and Attendant
Site Plan for the proposed Jiffy Lube pursuant to the findings and
recommendations of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of December 17, 1990
* Reproduction of the landscape plan
DJK/leh
DJK#7S/CCJIFFY.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: December 17, 1990 ~
AGENDA ITEM: . IV.A. Reconsideration of the Jiffy Lube .
Conditional Use and Attendant Site PIa
ITEM BEFORE THE BOARD:
The item before the Board is reconsideration of the Jiffy
Lube Conditional Use request and a redesigned site plan.
The item has been remanded by the City Conunission for
further review with direction to:
1. Reexamine the appropriateness of the use~ and,
2. Consideration of a site redesign.
This is a pre-LOR submission.
BACKGROUND:
This item was before the Board at its last meeting at which time
a public hearing was he ld and the request was forwarded wi th a
reconunendation of denial. The Board's reconunendation was
primarily based upon site design factors.
Subsequent to that action, the applicant volunteered a redesign
which took into consideration the concerns of the Board.
However, since the item had been forwarded it needed to be
remanded by the City Conunission. During discussion at the City
Commission public conunents t./ere received in opposition to the
use. Also, several Commissioners raised concerns about the
appropriateness of the use. Some Conunissioners also expressed
concerns with respect to the relationship of the buildings.
The item was remanded.
ANALYSIS:
Use Issue: Public comment was made by a representative of an
office <medical primarily) condominium located on the east side
of Military Trail. He claimed an adverse impact upon office
development and use and felt that a vehicle lubrication facility
was inappropriate in the general area. Dr. Jackel spoke in
opposition stating that such uses were not appropriate for the
general area.
P&Z Staff Report
Reconsideration fo the Jiffy Lube Conditional Use
and Attendant Site Plan
Page 2
Some Commissioners expressed positions of acceptance of the use
as it provides a service to residents; others felt that while it
may be an "acceptable use, it was not appropriate in this
outparcel setting It/here a more conventional outparcel use (e.g.
restaurant) would be better accepted. Commissioner- Andrews
advocated a position that accommodation of vehicle lubrication
was an inappropriate use in the GC Zone District given the
general policy direction in the Comprehensive Plan.
On this latter point - the referenced direction was that there be
created an Automotive Commercial Zone District and that it would
accommodate auto related uses with some exceptions e.g. gasoline
dispensing stations and car washes. Since vehicle lubrication
facilities were (prior to October l) accommodated as conditional
uses in GC zoning, the issue of whether or not they should be
deleted from GC and allowed only in AC, MIC, and I Districts was
not aired. If Commissioner Andrews position is supported by the
Board, then it is also appropriate to recommend that the use be
deleted from the GC Zone District.
Note: The specific wording for the use is:
"Vehicle care limited to the changing of oil and filters,
and lubrication with no mechanical work or outside storage
of vehicles except as a part of a gasoline station."
Design Issue: Please refer to the attached staff report which
describes and analyzes the redesign. Some Commissioners felt
that the Jiffy Lube should be located on west portion of the site
with the retain building fronting along Military Trail. The
configuration of the site may not be suitable for such an
arrangement. The agent will explore this concept.
RECOMMENDED ACTION:
First, reconsider the question of appropriateness of the facility
at this site. There is no staff recommendation as your
recommendation will be based upon interpretation of intent wi th
respect to Comprehensive Plan and/or upon appropriateness of the
use at this specific location.
Second, reconsider the site plan (whether or not a favorable
recommendation is made on the use issue) and act pursuant to the
staff suggestion in the attached report.
Attachment:
* Meeks Staff Report up-date
DJK/#67/PZJIFFY.TXT
_ANN'! NG 8 ZON I NG BOARD STAFF REPORT.
--- - --
~..TY OF DEL RAY BEACH
.
-eETING DATE: ~ember- 17. 1990
~Ge.m ITEM: IV. A _
,
.
TEH: Rpvi~ed Site Plan for Jiffv Lube.
- TWo- =--
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=NERAL DATA:
Owner...........................Wal-Hart Stores, Incorporated
Agent...........................Kieran J. Kilday, Kilday and
Associates
Location........................West side of Military Trail south
of Linton Boulevard
Property Size................... .80 Acres
City Land Use Plan..............General Commercial
Previous Zoning.................GC (General Commercial)
City Zoning.....................PC (Planned Commercial)
Adjacent Zoning.................North of the subject property is
zoned county CG (General
Commercial), East is CF
(Community Facilities) and POC
(Planned Office Center), South
and West are PC (Planned
Commercial).
Existing Land Use...............Vacant Outparcel
Proposed Land Use...............Vehlcle Lubrication Facility
(Jiffy Lube)
w""t'c:>1'" C::c:>r"Ir-c:> Qt' '_.':ll4- n- _~, _ _.._.... _,____ .....\......... .._...L
ITEM BEFORE THE BOARD:
.
The action before the Board is that of making a recommendation to
the city Commission on a Conditional Use Request,' to allow a
Vehicle Lubrication Facility. Along with the Conditional Use
Request is an attendant Site Plan for Jiffy Lube.
The site is located on the west side of Military Trail, south of
the Linton Promenade and is the north out-parcel for the Wal-Mart
at Delray and contains approximately 0.8 acres.
BACKGROUND:
For Detailed history of this development, refer to the Planning
and Zoning Staff report of October 15, 1990. A brief history is
outlined below.
The conditional Use and Attendant Site Plan was before this Board
at its meeting of October 15, 1990. The Planning and Zoning
Board recommended denial based on a failure to make positive
findings with respect to Standard '8 (Compatibility) under
Section 173.848 "Standards for Evaluating Conditional Uses"
and Standard J (impact of the site with respect that it's not
harmonious with adjacent properties) under Section 173.867
"Standards for Evaluating Site and Development Plan
Applications", in that the service bays faced Military Trail.
The Applicant requested that the City Commission at its meeting
of November l3th, remand them back to the Planning and Zoning
Board, in order to redesign the site plan taking into
consideration the concerns of the SPRAB Board and the Planning
and Zoning Board.
A rev'ised site plan was submitted on November 5, 1990, which is
now before the Board for review and recommendation to the City
Commission.
PROJECT DESCRIPTION:
The development proposal contains the same elements as before,
except that the retail space and the Jiffy Lube facility have
been split into two separate buildings. The Jiffy Lube has been
redesigned so that the service bays face north and south (not
facing Military Trail) . To also help mitigate the bays, wing
walls are proposed along the east elevation which faces Mili tary
Trail.
P&Z Staff Report
Jiffy Lube
Page 2
The ingress/egress points remain the same. The two internal
entrances were previously approved with the master plan. The
third is proposed along the north property line, which aligns
with the entrance to Linton Promenade. This was- a topic of
discussion at the October 15th meeting, however the applicant
stated that per the traffic analysis the ingress/egress point
could be accommodated with restriping of the intersection
at Military Trail.
ASSESSMENT:
In general, all of the concerns which the Board had before have
now been addressed through the revised site plan, except for the
north ingress/egress point. If the Board were to determine that
it be necessary to eliminate that entrance, it would not effect
the layout of the site plan, and would provide additional
stacking space for the Jiffy Lube.
REVIEW BY OTHERS:
SITE PLAN REVIEW AND APPEARANCE BOARD:
At its meeting of November 7th, the Site Plan Review and
Appearance Board reviewed the development proposal for final
approval on the architectural evaluations and landscaping. The
Board approved those items unanimously with no conditions.
TECHNICAL ITEMS:
l. Provide plan for the reestablishment of signing and marking
along the private access road using thermoplastic marking in
accordance with M.U.T.C.D. specifications.
2. One way signing and marking shall be shown on plans for
building vehicle access.
3. Exit onto private access roadway shall be marked and signed
right turn only.
4. Dumpster shall be moved west 5 ' to eliminate sight
obstruction for east bound vehicles looking south.
5. With the proposed non attached retail building this site is
subject to subdivision regulations in regards to potential
division of the parcel.
P&Z Staff Report
Jiffy Lube
Page 3
.
ALTERNATE ACTIONS:
1. Continue with direction and concurrence.
2. Recommend denial with basis stated.
3. Recommend approval of the Conditional Use Request upon
positive findings pursuant to Section 173.848 "Standards for
Evaluating Conditional Uses" and upon positive findings for
the ten standards of Section 173.867 "Standards for
Evaluating Site and Development Plan Applications" with
conditions.
RECOMMENDED ACTION:
Recommend approval of the Condi tional Use Request upon positive
findings pursuant to Section 173.848 "Standards for Evaluating
Conditional Uses" and upon positive findings for the ten
standards of Section 173.867 "Standards for Evaluating Site and
Development Plan Applications" with the five conditions listed
under Technical Items.
REF:#4/A:JIFFY8.TXT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!J/11
SUBJECT: AGENDA ITEM # CfI - MEETING OF JANUARY 8, 1991
REQUEST OR MAJOR MODIFICATION- HESS STATION
DATE: January 4, 1991
The action requested of the City Commission is that of approval
of a major modification to an existing Conditional Use.
The property is located on the east side of Military Trail, north
of Atlantic Avenue. This site was brought into the City as part
of the West Atlantic Annexation #2 in October of 1989 and was
recently rezoned from PC to GC, thus allowing submission and
consideration of this request.
The modification involves the demolition of existing facilities
on the site, reconstruction of the gasoline pumps, and construc-
tion of a convenience mart. The entire site is being brought
into compliance with the City's Development Codes.
The Planning and Zoning Board, at its meeting of December 1 7,
1990, voted unanimously (6-0) to recommend approval of the
Conditional Use request.
Recommend approval of the requested major modification to an
existing Conditional Use, pursuant to the findings and recommenda-
tions of the Planning and Zoning Board.
C I T Y COM MIS S ION DOCUMENTATION
TO: LISON MACGREGOR-HARTY, CITY CLERK
~ ~ cku
FROM: DAVID J. KOVACS,~ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
MAJOR MODIFICATION TO AN EXISTING CONDITIONAL USE, HESS
GASOLINE STATION ON MILITARY TRAIL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Major Modification to an existing
Conditional Use. A major modification is processed in the
same manner as a new Conditional Use Application.
The site is the Hess Gasoline facility currently located
on the east side of Military Trail, north of Atlantic.
Consideration of a final site plan is not before the
Commission as this item is being processed under the LDRs.
However, attendant to the Conditional Use Request is a
sketch plan.
BACKGROUND:
This site was brought into the City as a part of West Atlantic
Annexation #2 in October of 1989. Recently the zoning was changed
from PC to GC, thus allowing submission and consideration of this
Conditional Use Request.
The modification involves the demolition of existing facilities
on the site, reconstruction of the gasoline pumps, and construction
of a convenience mart. There are no changes to the points of
access. The entire site is being brought into compliance with the
City's Development Codes.
Please refer to the Planning and Zoning Board Staff Report for
further background and project description.
City Commission Documentation
Major Modification To An Existing Conditional Use, Hess Gasoline
Station On Military Trail
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 17, 1990. There was no comment at the Public
Hearing.
On a unanimous vote (6-0) the Board made appropriate findings and
recommended approval of the Conditional Use Request. There are no
conditions of approval other than fulfilling a requirement to plat
the site as it has not heretofore been platted.
The Board did note that the sale of alcoholic beverages may be
restricted due to the proximity of a church.
RECOMMENDED ACTION:
By motion, approval of the requested Major Modification to an
existing Conditional Use pursuant to the findings and recommendations
of the Planning and Zoning Board.
Attachment:
* Cover sheet and reduction of site plan from the P&Z Board
documentation of December 17th
DJK/leh
DJK/#75/CCHESS.TXT
ILANN'I NG B ZONING BOARD
--- STAFF REPORT - -.
-; I TY OF OELRAY BEACH
MEET ING rnTe: December 17. 1990
AGEl'Q=1 ITEM: III. B.
I'-~: Maior Modification ReKardinK Conditional Use for the Hess Gasoline Station on Military
Trail, North of Atlantic Avenue.
'.-
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.
3ENERAL DATA:
Owner...........................Hess Realty Corporation
Agent...........................Dennis P. Koehler, P.A.
Location........................East side of Military Trail
between Atlantic Avenue and the
L-33 Canal.
Property Size................... .64 Acres
City Land"Use Plan..............General Commercial
(;C- Ge1\~
city Zoning....................~(.planued Commercial)
Adjacent Zoning.................North, East, and South of the
subject property are zoned PC
(Planned Commercial). West is
County CG (General Commercial).
Existing Land Use...............Office building and Gas station
Proposed Land Use...............Hess gas station
Water Service...................l2.. water main along the east
side of Military Trail.
Sewer Service...................8" sanitary sewer through Delray
Square east of the subject
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PLANN'I NG & ZON 1 NG BOARD
--- STAFF REPORT - -.
~ITY OF OELRAY BEACH
MEET ING OOTE: December 17. 1990
AG~ ITEM: III.B.
rlr~: Maior Modification Regarding Conditional Use for the Hess Gasoline Station on Military
Trail, North of Atlantic Avenue.
'.-
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W. fl-rIAtJ.1IC A (/ E.
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:;ENERAL DATA:
Owner...........................Hess Realty Corporation
Agent...........................Dennis P. Koehler, P.A.
Location........................East side of Military Trail
between Atlantic Avenue and the
L-33 Canal.
Property Size................... .64 Acres
City Land'Use Plan..............General Commercial
City Zoning.....................PC (Planned Commercial)
Adjacent Zoning.................North, East, and South of the
subject property are zoned PC
(Planned Commercial). West is
County CG (General Commercial).
Existing Land Use...............Office building and Gas station
Proposed Land Use...............Hess gas station
Water Service...................l2" water main along the east
side of Military Trail.
Sewer Service...................S.. sanitary sewer through Delray
Square east of the subject
property. III. B.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation
on a .-ajor aodification to an existing conditional use to
establish a Gasoline Station with accessory convenience mart
and utility building. The project is located on the east side
of Military Trail just north of Atlantic Avenue.
BACKGROUIm:
The existing Gasoline station and office building was approved
and built out while the property was under County jurisdiction.
The property was annexed into the City on October 24, 1989, via
Ordinance No. 66-89 with a PC (Planned Commercial) zoning
designation. This designation was applied to this parcel
because it was considered a part of the adjacent shopping
center. However, the parcel is described by metes and bounds
and under separate ownership.
The PC (Planned Commercial) zoning district contains the
following language under Section 4.4.12 (F) (2) :
"Any free standing structure shall have a minimum
floor area of 6,000 sq. ft."
On November 8, 1990, concurrent with a Conditional Use and Site
Development Plan submittal, the applicant requested relief from
this requirement. Pursuant to Section 2.4.7 (F)(2)(a) a Special
Advisory Board has been created and upon a unanimous vote can
place before the City Commission any provisions of the LOR's,
including designations on the Official Zoning Map, which in
it,s judgement were inappropriately or inadvertently changed or
approved. The Special Advisory Board reviewed the applicants
request for relief and determined the item was eligible for
special consideration. An Ordinance which corrected the zoning
designation from (PC) to (GC) was before the City Commission on
first reading on November 27, 1990 and received approval at
second reading on December ll, 1990. Within the GC (General
Commercial) Zoning district gasoline stations are allowed as
conditional uses. This is the petition before you.
PROJECT DESCRIPTION:
Currently the site contains a Hess gasoline station with 8
dispensers along with a 4,000 sq. ft. office/convenience
store. The proposal before you involves demolition of the
existing 4,000 sq. ft. office building/ convenience store,
reduction of fuel dispensers from 8 existing pumps to 5 and
construction of a 675 sq. ft . convenience store and 342 sq. ft .
utility building. The redesign will include upgrading the
entire site including parking and landscaping to comply with
current codes.
P&Z Staff Report
Hess Gasoline Station Conditonal Use Request
Page 2
COIIDITIOllAL USE AlfALYSIS:
Pursuant to Section 2.4.5{E){5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
The proposal before you seeks to upgrade and modernize the
existing gasoline station. The accompanying site development
plan will result in a decrease in intensity from 8 pumps to
5 pumps, along with a reduction of approximately 3,000
sq. ft. of office and commercial use. This reduced intensity
will result in a substantial decrease in traffic impacts
(see discussion under traffic) as well as providing a more
aesthetic property through compliance with current landscape
codes.
This site is bordered by commercial shopping center uses to
the north, south, west and east. The fore mentioned
improvements will not hinder redevelopment or have a
detrimental effect on the stability of these surrounding uses.
The improvements may in fact, act as a catalyst for upgrading
properties in the immediate area.
Pursuant to Section 3.1.1 (Required Findings) prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may be
achieved through information on the application, the staff
report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with tpe land use designation).
The Gasoline Station use is allowed in the GC (General
Commercial) zoning district as a Conditional Use. The GC
zoning district is consistent with the General Commercial
Land Use designation on the Future Land Use Plan.
,"
P&Z Staff Report
Hess Gasoline Station Conditonal Use Request
Page 3
Concurrency: (Facilities which are provided by, or through,
the city shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within
the Comprehensive Plan. For sewer and water, concurrency shall
mean that direct connection to a functioning municipal system
is made. For streets (traffic), drainage, open space (parks),
and solid waste, concurrency shall be determined by the
following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract
for installation has been solicited.
Water:
Water Service exists to the site via an extension from the 12"
main located along the east side of Military Trail. Maximum
fire hydrant spacing of 300' is exceeded in this area;
therefore, this development must provide a fire hydrant along
its Military Trail frontage.
Sewer:
Sewer Service exists to the site via an 8" main extension from
the neighboring shopping center. No additional improvements
will be required.
Drainage:
Drainage is accommodated on-site via exfiltration trenches. No
problems are noted.
Streets and Traffic:
The development proposal results in a reduction from the
current 3,392 trips per day to l,408 trips. This reduction of
1,984 trips per day is a 58% decrease in traffic intensity. As
the existing gasoline station is vested with respect to
commercial trips and no increase is proposed, no off-site
improvements are required.
.,"
P&Z Staff Report
Hess Gasoline Station Conditonal Use Request
Page 4
Parks and Solid Waste:
These items do not apply given the nature of the request.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making of a finding of overall consistency.
Required findings under Section 2.4.5(E) are discussed in the
first paragraph of the Conditional Use Analysis Section and a
positive finding to each is made. A review of objectives and
policies of the adopted Comprehensive Plan was conducted and no
applicable objectives or policies were found.
Co.pliance with Land Develo~nt Requlations:
The proposed use is in compliance with the Land Development
Regulations. If the conditional use is approved, a full
site plan submittal will be reviewed by the Site Plan Review
and Appearance Board. The proposed site plan must comply with
the L.D.R. 's. It is appropriate at this time to bring the
following LDR requirements to the attention of the applicant.
Pursuant to Section 2.4.5(K) the property must be platted as a
minor subdivision. Platting is required as the parcel has been
created by a metes and bounds description from a larger parcel.
The site is bordered to the south by a church. With the
proposed accessory Convenient Mart the sale of alcoholic
beverages may be contemplated. Pursuant to Section 4.3.3
(V) (2) (a) (3) alcoholic beverages shall not be sold at any
establishment which is located within 300 ft. of an
established school or church. An exemption exists under
Section 4.3.3 (V)(2)(a)(3)(d) which states:
"The above restriction does not apply to a duly licensed
grocery store which sells beer and wine in packages for
off-site consumption nor does it apply to a restaurant
which holds a special restaurant license issued by the
Department of Business Regulations of the State Division
of Alcoholic Beverages and Tobacco."
Unless the Convenient Mart qualifies as a duly licensed grocery
store, sale of alcoholic beverages is prohibited.
'"
. P&Z Staff Report
Hess Gasoline Station Conditonal Use Request
Page 5
Review by Others:
A full site plan was submitted concurrent with the Conditional
Use request. Final action on the site development plans rests
with the Site Plan Review and Appearance Board. The site
development plan will be scheduled for consideration by the
Site Plan and Review Board if and when approval of the
Conditional Use is granted by City Commission.
ASSESSMElft' ARD CONCWSIONS:
Approval of the major modification of the conditional use will
allow a substantial upgrading of the existing service station.
Compliance with current Land Development Regulations will
result in provision of special landscape buffers along Military
Trail, as well as total site landscape improvements. These
visual improvements along with a substantial reduction in the
sites intensity of use will have a positive influence on
adjacent properties and immediate area.
ALTERllATIVES:
A. Continue with direction.
B. Recommend approval of the request based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E)(5) and subject to
conditions.
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(E)(5) and subject to the following condition:
1- Platting as a minor subdivision pursuant to
Section 2.4.5(K).
2. The restriction that no alcoholic beverages can be
sold on-site until either the Land Development
regulations are amended to allow it or the
adjacent church vacates the property.
Attachment
PD/#35/HESS.TXT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [I;v(
SUBJECT: AGENDA ITEM # ~- MEETING OF JANUARY 8, 1991
DIRECTION REGARDING ARCHITECT SELECTION FOR FIRE
STATION NO. 1
DATE: January 4, 1991
The Commission is requested to provide direction with regard to
the architect selection for Fire Station No. lo
The Selection Committee met on December 20, 1990 and ranked the
firms as follows:
(1) Currie, Schneider Associates
( 2) Schwab, Twitty & Hanser Architectural Group, Inc.
( 3) Robert Walter Architects
(4) Gee & Jenson
(5) Roy Simon, Shoup & McKinley
There are several alternatives available to the Commission on how
to proceed with the selection:
(a) Accept staff's ranking and authorize contract
negotiations;
(b) Change the staff ranking and authorize contract
negotiations;
(c) Hear presentations from the top 3 or 4 firms then
establish a ranking and authorize contract negotia-
tions.
Recommend that the Commission direct staff to schedule the top 3
or 4 firms to make a presentation at the January 29, 1991,
Regular Commission Meeting.
,
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: MARK A. GABRIEL
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: DECEMBER 20, 1990
SUBJECT: ARCHITECTURAL SELECTION FOR FIRE STATION NO. 1
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Selection Committee met this date on the referenced project.
Firms were ranked by the Selection Committee as follows:
1.) Currie, Schneider Associates
2 . ) Schwab, Twitty & Hanser Architectural Group, Inc.
3. ) Robert Walter Architects
The item should be placed on the agenda.
Attached is the individual voting record for your information.
MAG:kt
cc: File MGENFSl.doc - Fire Station #l
William H. Greenwood, Director of Environmental Services
Interoffice Memos - Memos to David T. Harden, City Manager
Ted Glas, Director of Purchasing
Jerry Sanzone, Chief Building Official
Chief Koen, Fire Chief
Encl.
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ENVIRONMENTAL SERVICES DEe 27 1990
M E M 0 RAN DUM CI ry MAI~4GtR'S OfFICE
TO: David Harden
City Manager
THRU: William H. Greenw)od 4tJ ""If 17>/"17/'10
I)irE~c t():r ()f EnvircnmF.:'ntal Eervic;-~s
FROM: Mark A. GarJriel (/t(~
Asst. Dir. of Environmental Services/City Engineer
DATE: December 2f;, 1990
2. URJECT : oRE STATION NO. 1 CONSULTANT SELECTION
_. ~_. -- - ~, ._, ..- -, - - - -.. -~ .- - -- .- ._- - - - -- - - -- - -" - -- ___...____A______.______._ -, --. ,-- -
As a follow-up t,o ou:r recent. conversation, I wisl1 to ge' on
record with the following observations and cc,mmc:'nt.:;::
concerning the three listed firm:=. in order of ranking,
Currip Schneider Associates
The Currie Schneider team J;ll~el=}ril~ed a t)11C~1"C~l1g11 l:~l~e::. (:: n t. ,::::t t, i (; n
and provided a rendering r, f' a f ac 1.1 i t.y " '\..7 }1 i c: 11 i f1 rn Y" rn,1110 1
'_,' ..to.
WBS an award Wlnner. They prope,::;;ed t,i') carlS t,rl.-lC' .t, r; ~:9.~'~'C
square font facilit,y ( in al.~c~orda fiCA wj t,h t,lle (.::[.. 1. t, I?: 1" i ,~i
prespnted t.o them) a t, Et\=~ (; :n:::~ t, r 11 C' t. 1 i='j fl ;.:: c, :::\ t, (? 5 t.:, i. ril ,~:~. t r 1 " + f',i.;:.
"," 'f; ,c.; ifj i ], -1 j i'-l T; ,:, t' :f;;) 4 _ 7::: T-Jey' :-=:', (1 ~.~ .~, I' r:-:" .r
thp (-::-1 n. >-:: tor tl (: t, i :-.-~1 11 .::- ,', :') t () f t.1~1 t:;:; 'L Y' T) Y" :,...', 1:1 (~ :-:~, (:' :,:1 .F,;:;; -.-,':. -J .: , ;"" .-
;.. '._t .... _L ..L W..l .1 1"-
,~~. 1. () ,rs e r t, ;'__,j $:3. 3 n~ji.llicl.n. ,j-> 1 1 .~, L)r::.'r square f(:(-,t. 'T'1., ,-. C: i -t-,y
- - ,.P .L .1, ,:.:_ ..t llr..:'
c:ons t"rlJ,cti 011 l:)Lld,get f()}" t.L:i.:; Ii r() j l:~~ ('~ t 1.C:~. $~~ ~. mil1-ic,n
S.dH~~i t.ty & Hans~n Archi t.ec:tural Gr.Q~l.1~
This tea,m alsc.! provided what in my opinion was Cl -'.le:l"Y
functional facility, which also met the 3.e::) t.}let,ic (::; 1".i t,(:-; ria
established by the COTnnliss iClrl. 'T'h ~ " firm propc';':,ec1 b ~~6.7no
.1. ........l...:..
S (1 tlal:'8 foot facility at an estimated cost of -3 [1I=;l"C' x:i. rn2~ te 1 Y"
$2. () m:Ulic)n or $75 r1er 5qtl,3re f,:::;ot. This is t.rle (~l r.~.l :v firm
'Ylhc; 5u.t';mit.ted c. proposal. which fed directly ont,c, Atlant i"
AvenuE'. I believe thh3 would I)r~C'1 vi d f3 the be:3 t t.raff ic flo';.,1
patterns, when the fire vehicles are leaving the station.
Ro bprt Wal t.ers Architects
'"Y:' .team also provided, in opinie,n, fl.lnc;t}, Clll.:1..1.
t .l.l..3 my' a
facility at an estimated ;~C)Si.:. ()f $2. 3~5 rnillic)rl i)]:' $79 I'er
square foot for 3 29,700 square foot facility.
In summary.. I 1]elievf~' all three fil"ro;3 qUAlified. He,wpv",.r 1
1:.1.11 five s hC1rt. list,ed f lrrns were pre,v 1 ded L)'::--j :::; i: de.C'\, gn
cri t.eria 1 inclu.ding buctget.ary ('c,nst.raint:'5. T\..;o of the t 1-1rf? e
:~ ( (
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[ITY OF DELIAY BEAEH ,...@,..,~ .
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100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
December 7, 1990
Re: Consultant Selection - Fire Station II
Gentlemen:
At the direction of the City Commission, interviews will be
conducted for the referenced project December 20, 1990, as
follows:
8:30 AM - Currie, Schneider Associates
9:lS AM - Schwab, Twitty & Hanser Architectural
Group, Inc.
10:00 AM - Gee & Jensen
10:45 AM - Ray Simon/Shoup & McKinley
1l:30 AM - Robert Walter Architects
The selection committee shall use the following criteria in
making a final selection:
- Experience and qualifications of the Project Manager.
- Experience and qualifications of the project team (inhouse
staff and sub-consultants).
- Understanding of interior space requirements for the
proposed facility.
- Understanding of the architectural concepts envisioned by
the City Commission.
- Ability to address site constraints that may exist.
- Ability to address budgeting constraints addressed at the
December 4, 1990 meeting.
THE EFFORT ALWAYS MATTERS
\~ . .
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I
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December 7, 1990
Page Two
Interviews will be held in the City of Delray Beach Community
Center (next to City Hall), Mahogany Room, 50 N. w. lst Avenue,
Delray Beach, Florida.
Information requested under item 3 of the November 29, 1990
letter is not mandatory.
Any questions should be directed to Mark A. Gabriel, P. E. ,
Assistant Director of Environmental Services/City Engineer at
(407) 243-7322.
Sincerely,
Mark A. Gabriel, P.E.
Asst. Director of Environmental Services/City Engineer
MAG:kt
cc: File: MGFS#1 - Fire Station .1
David T. Harden, City Manager
William H. Greenwood, Director of Environmental Services
,'"
Ch.287 PROCUREMENT OF PERSONAL PROPERTY AND SERVICES . F ,_S~ 19~1
287.043 Printing or reproduction facilities; cost rec- recycled content that is set forth In the '1vr,'t ,]'1 i,
ords.-If any of the funds appropriated to any agency bids In awarding a contract for the pure-a ;':JI
are to be expended for equipping, operating, or main- ucts or materials. the division or an agen = I T 11k !
taining printing, duplicating, or reproduction services or to a 10 percent price preference to a respc n;; ,,0 I)
facilities, then each such agency shall furnish such cost who has certified that the products or rr ahon 1 S:) '::
records to the division as may be prescribed by the divi- at least the minimum percentage of reel elee ( n IE
sion. Nothing herein shall authorize the purchase of any no bidders offer products or materials WI'to ''1 ; ~'rl
printing, duplicating, or reproduction equipment except prescribed recycled content, the cor rr.]':' ''1a
under such rules and regulations as are adopted by the awarded to the lowest bidder
division. All such equipment shall be used for efficient (6) For the purposes of this secllon,rec: /i::C
and economical production of printed material directly tent" means materials that have been re'~'/(:it :: '''il" ;
related to business of the state. contained In the products or matenals t,] he (':c_
HiStory.-s 22, ch. 69-106: s 1, ch 77-345 The term does not include internally gener3',.c ,i( ,
287.045 Procurement of products and materials that is commonly used in industrial or "'-'8.'1 I" a'" j l
with recycled content.- processes or waste or scrap purchasec fr:r ]'-1)
(1) The Division of Purchasing, in cooperation with manufacturer who manufactures the San'8)[ i ,10:
the Department of Environmental Regulation, shall re- related product.
view and revise existing procurement procedures and (7) Any person who believes that a par'le J 3' ~'r 1
specifications for the purchase of products and materi- uct or material with recycled content may Je 8' 'f e'cr
als to eliminate any procedures and specifications that used instead of another product or material n31 I[qj
explicitly discriminate against products and materials the division to evaluate that product or ma-er a ',s:
with recycled content except where such procedures sion shall review each reasonable proposa! te : "terr]
and specifications are necessary to protect the health, its merit and, if it finds that the product or fral: 'T
safety, and welfare of the people of this state. be used beneficially, it may incorporate trat OCCJCt
(2) The division shall review and revise its procure- material into its procurement procedures.
ment procedures and specifications for the purchase of (8) The division shall review and revl se . 3 pre (
products and materials to ensure to the maximum ex- dures and specifications on a continuing 03.3 E ') E
tent economically feasible that it purchases products or courage the use of products and materials Ni::->EC ,elf
materials that may be recycled or reused when these content and shall, in developing new prcceal r;5 a
products or materials are discarded. The division shall specifications, encourage the use of products a HI lIet
complete an initial review and revision by September 1, rials with recycled content.
1989. (9) All agencies shall cooperate with the CI Ils,or I
(3) As part of the review and revision required in carrying out the provisions of this section.
subsection (2), the division shall review its procurement HIstory,-s 48, ch 88-130.
provisions and specifications for the purchase of prod- 287.052 Contracts for acquisition or purchase Q'
ucts and materials to determine which products or mate-
rials with recycled content could be procured by the divi- commodities.-Any contract providing for the 1 ;Quili
sion or other agencies and the amount of recycled con- tion of both services and commodities shall be (:eellf\
tent that can economically and technologically be con- to be a contract for the acquisition or purchase )' Corr
tained in such products or materials. The division and modi ties except that service contracts ma~ pro!1 je fIX
other agencies shall use the amounts of recycled con- purchase of reports on the findings of consulte1"s erf
tent determined by the division in issuing invitations to gaged thereunder and except that contracts ir N~ICl
bid for contracts for the purchase of such products or commodities are acquired incidental to the aco 1 $li101
materials, The review shall be completed by September of services are deemed to be contracts for the "qGIS'
1, 1989, and the amounts of recycled content deter- tion or purchase of services.
mined by the division shall be used by the division and Hi8tory.-s. 22. ch. 69-106: s. 8. ch. 88-384
other agencies thereafter. 287.055 Acquisition of professional architectural,
(4) Upon completion of the review required in sub-
section (3), the division or an agency shall require that engineering, landscape architectural, or land-
a person who submits a bid for a contract for the pur- surveying services; definitions; procedures; contin-
chase of products or materials identified in subsection gent fees prohibited; penalties.-
(3) and who wishes to be considered for the price prefer- (1 ) SHORT TITLE.- This section shall be knc...n 3S
ence described in subsection (5) shall certify in writing the "Consultants' Competitive Negotiation Act."
the percentage of recycled content in the product or ma- (2) DEFINITIONS.-For purposes of this:>secc')fI
terial that is subject to the bid. A person may certify that (a) "Professional services' means those sev CBS
the product or material contains no recycled content. within the scope of the practice of architect~re r: -eles,
(5) Upon evaluation of bids for every public contract sional engineering, landscape architecture or egis'
that involves the purchase of products or materials iden- tered land surveying, as defined by the laws of the Jt3te,
tified in subsection (3), the division or an agency shall or those performed by any architect, profeSSional el~"
identify the lowest responsive bidder and any other re- neer, landscape architect, or registered land surve /(In
sponsive bidders who have certified that the products connection with his professional employment or :) ac
or materials contain at least the minimum percentage of tice.
230
.
"..
PROCUREMENT OF PERSONAL PROPERTY AND SERVICES Ch.287
"Agency" means the state or a state agency, mu- matic layouts and conceptual design criteria of the pro]-
. (b)ality or political subdivision, a school district or a ect, cost or budget estimates, design and construction
nrclP , schedules, site development requirements, provisions
hOOI board.
sC "Firm" means any individual, firm, partnership, for utilities, storm water retention and disposal, and
o~c~ration, association, or other legal entity permitted parking requirements, as may be applicable to the proj-
~y I~W to practice architecture, engineering, or land sur- ect.
ing In the state (k) A "design criteria professional" means a firm who
verd) "Compensation" means the total amount paid by holds a current certificate of registration under chapter
he agency for profeSSional services. 481 to practice architecture or landscape architecture or
t e) "Agency official" means any elected or appointed a firm who holds a current certificate as a registered en-
offIceholder, employee, consultant, person in the cate- gineer under chapter 471 to practice engineering and
ory of other personal service or any other person re- who is employed by or under contract to the agency for
6eiving compensation from the state, a state agency, the providing of professional architect services, land-
municipality, or political subdivISion, a school district or scape architect services, or engineering services in con-
a school board. nection with the preparation of the design criteria pack-
(f) "Project" means that fixed capital outlay study or age.
planning activity described in the public notice of the (3) PUBLIC ANNOUNCEMENT AND QUALlFICA-
state or a state agency pursuant to paragraph (3)(a). An TION PROCEDURES.-
agency shall prescribe by administrative rule proce- (a) Each agency shall publicly announce, in a uni-
I dures for the determination of a project under its jurisdic- form and consistent manner, each occasion when pro-
lion. Such procedures may include: fessional services are required to be purchased for a
1. Determination of a project which constitutes a project the basic construction cost of which is estimated
grouping .of minor construction, rehabilitation, or renova- by the agency to exceed the threshold amount provided
tion activities. in s. 287.017 for CATEGORY FIVE or for a planning or
2. Determination of a project which constitutes a study activity when the fee for professional services ex-
! grouping of substantially similar construction, rehabilita- ceeds the threshold amount provided in s. 287.017 for
tion, or renovation activities. CATEGORY THREE, except in cases of valid public
(g) A "continuing contract" is a contract for profes- emergencies so certified by the agency head. The pub-
sional services entered into in accordance with all the lic notice shall include a general description of the proj-
procedures of 1this act between an agency and a firm ect and shall indicate how interested consultants may
whereby the firm provides professional services to the apply for consideration.
agency for projects in which construction costs do not (b) Each agency shall encourage firms engaged in
exceed $500,000, for study activity when the fee for the lawful practice of their professions that desire to pro-
such professional service does not exceed $25,000, or vide professional services to the agency to submit annu-
for work of a specified nature as outlined in the contract ally statements of qualifications and performance data.
required by the agency, with no time limitation except (c) Any firm or individual desiring to provide profes-
that the contract shall provide a termination clause. sional services to the agency must first be certified by
(h) A "design-build firm" means a partnership, cor- the agency as qualified pursuant to law and the regula-
poration, or other legal entity which: tions of the agency. The agency shall make a finding
1. Is certified under s. 489.119 to engage in con- that the firm or individual to be employed is fully qualified
tracting through a certified or registered general con- to render the required service. Among the factors to be
tractor or a certified or registered building contractor as considered in making this finding are the capabilities,
the qualifying agent; and adequacy of personnel, past record, and experience of
2. . Is certified under s. 471.023 to practice or to offer the firm or individual.
to practice engineering; certified under s. 481.219 to 2(d) Each agency shall adopt administrative proce-
practice or to offer to practice architecture; or certified dures for the evaluation of professional services, includ-
under s. 481.319 to practice or to offer to practice land- ing, but not limited to, capabilities, adequacy of person-
scape architecture. nel, past record, experience, whether the firm is a certi-
(i) A "design-build contract" means a single con- fied minority business enterprise as defined by the Flori-
tract with a design-build firm for the design and con- da Small and Minority Business Assistance Act of 1985,
struction of a public construction project. and such other factors as may be determined by the
U) A "design criteria package" means concise, per- agency to be applicable to its particular requirements.
formance-oriented drawings or specifications of the When securing professional services, an agency shall
public construction project. The purpose of the design endeavor to meet the minority business enterprise pro-
criteria package is to furnish sufficient information so as curement goal set forth in s. 287.042.
to permit design-build firms to prepare a bid or a re- (e) The public shall not be excluded from the pro-
sponse to an agency's request for proposal, or to permit ceedings under this section.
an agency to enter into a negotiated design-build con- (4) COMPETITIVE SELECTION.-
tract. The design criteria package shall specify such per- (a) For each proposed project, the agency shall
formance-based criteria for the public construction proj- evaluate current statements of qualifications and per-
ect, including, but not limited to, the legal description of formance data on file with the agency, together with
the site, survey information concerning the site, interior those that may be submitted by other firms regarding
space requirements, material quality standards, sche- the proposed project, and shall conduct discussions
231
"
"
Ch.287 PROCUREMENT OF PERSONAL PROPERTY AND SERVICES
.
with, and may require public presentations by, no less shall then undertake negotiations wltr '., ~hl'd tl[
than three firms, regarding their qualifications, approach q~~~fi~. .
to the project, and ability to furnish the required ser- (c) Should the agency be unable to n'" ;J~ a:" ~,
vices. isfactory contract with any of the selec tee 'Irrn~<"
2(b) The agency shall select in order of preference no agency shall select additional firms In the :~er of I~
fewer than three firms deemed to be the most highly competence and qualification and continv) - ",rlO'la'l'
qualified to perform the required services. In determin. in accordance with this subsection until ~i 'll)r,"€r-:
ing whether a firm is qualified, the agency shall consider is reached, .
such factors as the ability of professional personnel; (6) PROHIBITION AGAINST CONTINCE\.- F~E),
whether a firm is a certified minority business enterprise; (a) Each contract entered into by the a r ry 'Or -r,
past performance; willingness to meet time and budget fessional services shall contain a prohihl' )') cge'~,
requirements; location; recent, current, and projected contingent fees as follows: "The architect : - rf~g'st~r~
workloads of the firms; and the volume of work previous- land surveyor or professional engineer, aSiPOloa8~
Iy awarded to each firm by the agency, with the object warrants that he has not employed or retal ~ec: ~n: cJ~
of effecting an equitable distribution of contracts among pany or person, other than a bona fide errf: O\.€e '!V".
qualified firms, provided such distribution does not vio- ing solely for the architect (or registered lar ~ sur I€,r
late the principle of selection of the most highly qualified or professional engmeer, as applicable) to ~ =Icit Or ~
firms. The agency may request, accept, and consider cure this agreement and that he has not pa\l~ :;r agre~;
proposals for the compensation to be paid under the to pay any person, company, corporation, r :::',ldLal ,;
contract only during competitive negotiations under firm, other than a bona fide employee workr:~ :;olely:.
subsection (5). the architect (or registered land surveyor or J: - )'esslor~
(c) This subsection does not apply to a professional engineer, as applicable) any fee, commiss on Deroe.~i
service contract for a project the basic construction cost age, gift, or other consideration contingen' Id)'Y) )r ,
of which is estimated by the agency to be not in excess suiting from the award or making of this agreE"1ent" F:,
of the threshold amount provided in s. 287.017 for CATE- the breach or violation of this provision, the a~:EH1Cy she'
GORY FIVE or for a planning or study activity when the have the right to terminate the agreement 'Ai It , )It I.ab'
fee for professional services is not in excess of the ty and, at its discretion, to deduct from I'V: eon;rar.
threshold amount provided in s. 287.017 for CATEGORY price, or otherwise recover, the full amount:)! ;uch fet;
THREE. commission, percentage, gift, or consideratlu
(d) Nothing in 1this act shall be construed to prohibit (b) Any individual, corporation, partners"lc, firm,c'
a continuing contract between a firm and an agency. company, other than a bona fide employee 'Ai aI- ,n9 solt
(5) COMPETITIVE NEGOTIATION.- Iy for an architect, professional engineer, or r,,(~lsterec
(a) The agency shall negotiate a contract with the land surveyor, who offers, agrees, or contracts te selicl:
most qualified firm for professional services at com pen- or secure agency contracts for professional SE' .. \:e~ II)
sation which the agency determines is fair, competitive, any other individual, company, corporation, pa"ners:)lp
and reasonable. In making such determination, the or firm and to be paid, or is paid, any fee, cOrcJ'T1iSSiOn
agency shall conduct a detailed analysis of the cost of percentage, gift, or other consideration cee tlngem
the professional services required in addition to consid- upon, or resulting from, the award or the rra~ rg cf a
ering their scope and complexity. For any lump-sum or contract for professional services shall, upon C81\11Ctl00
cost-plus-a-fixed-fee professional service contract in a competent court of this state, be found Quilty era
over the threshold amount provided in s. 287.017 for first degree misdemeanor, punishable as provided ir s
CATEGORY FOUR, the agency shall require the firm re. 775.082 or s. 775.083.
ceiving the award to execute a truth-in-negotiation cer. (c) Any architect, professional engineer ,y ~egls-
tificate stating that wage rates and other factual unit tered land surveyor, or any group, association, I;ompa-
costs supporting the compensation are accurate, com- ny, corporation, firm, or partnership thereof, who offef3
plete, and current at the time of contracting. Any profes- to pay, or pays, any fee, commission, percentcr;:e, gitt,
sional service contract under which such a certificate is or other consideration contingent upon, or resJltirg
required shall contain a provision that the original con- from, the award or making of any agency ccn:r3ct fOl
tract price and any additions thereto shall be adjusted professional services shall, upon conviction In a state
to exclude any significant sums by which the agency de. court of competent authority, be found guilty C,f a first
termines the contract price was increas~ due to inac- degree misdemeanor, punishable as providoec 10 S
curate, incomplete, or noncurrent wage rates and other 775.082 or s. 775.083.
factual unit costs. All such contract adjustments shall be (d) Any agency official who offers to solicit or s~ure,
made within 1 year following the end of the contract. or solicits or secures, a contract for professional SEll'
(b) Should the agency be unable to negotiate a sat- vices and to be paid, or is paid, any fee, commiSSion
isfactory contract with the firm considered to be the percentage, gift, or other consideration contingent upOll
most qualified at a price the agency determines to be the award or making of such a contract for professional
fair, competitive, and reasonable, negotiations with that services between the agency and any individual person,
firm shall be formally terminated. The agency shall then company, firm, partnership, or corporation shall, upon
undertake negotiations with the second most qualified conviction by a court of competent authority, be tound ,
"m. Fa>hng acco", with the second most qua!;t"'" ',m, guilty of a "<st dog,ee mlsdemeano', punishable"," \
the agency shall terminate negotiations. The agency vided in s. 775.082 or s. 775.083.
232
,,'
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # !:- MEETING OF JANUARY 8, 1991
CRA's EMPLOYEES PARTICIPATION IN THE CITY'S HEALTH
INSURANCE PLAN
DATE: January 4, 1991
The item before the Commission is a request from the Community
Redevelopment Agency Board to the City Commission to authorize
participation by CRA employees in the City's Health Insurance
Program. There would be no cost to the City should the CRA's two
employees (Executive Director and secretary) be permitted to
participate inasmuch as the CRA would pay for their premiums.
Upon review by staff, a recommendation of denial has been sub-
mitted based upon existing City policy which clearly defines
those persons eligible for coverage (i.e., current full time
employees, active Commission members, and retirees). While the
City Commission can waive the eligibility section and allow
coverage for any group or persons since the City is self-insured,
the concern is expressed that to do so may open the door to allow
similar requests from other groups affiliated with the City, but
who do not adhere to City personnel policies or hiring practices.
My recommendation, however, is that the City Commission amend the
City's Health Insurance Plan to allow participation by CRA
employees at the discretion of the Community Redevelopment Agency
Board, since it can be difficult to get good insurance coverage
for a "group" of only two employees.
"
f)1<
. z>>v1
[IT' DF DELRA' BEA[H
100 N.W. 1 st A VENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: John W. Elliott, Jr., Assistant City Manager~
Support Services .
DATE: January 2, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 8, 1991 -
REQUEST CITY COMMISSION AUTHORIZATION FOR C.R.A. EMPLOYEES
TO PARTICIPATE IN THE CITY'S HEALTH INSURANCE PLAN
Item Before City Commission:
A request has been made by Frank Spence, Executive Director, C.R.A., that
he and his secretary be permitted to participate in the City's Health
Insurance Program. Currently, Mr. Spence is covered under C.O.B.R.A., due
to his previous employment with the City. Terminated employees are permit-
ted to continue health coverage under the Consolidated Omnibus Budget
Reconciliation Act (C.O.B.R.A) , which allows them up to eighteen (18)
months of extended coverage under the City's plan at the City's group rate.
Mr. Spence has indicated that his C.O.B.R.A. entitlement will expire
shortly.
Background:
Currently the only participants who are eligible under the City's Health
Insurance Program fall into the following categories: 1) Current full
time employees, 2) Active Commission Members, and 3) Retirees. The
language in the City's insurance policy provides a clear definition of
those persons eligible for coverage, and defines the circumstances which
makes them eligible, (see exhibits A and B attached).
The C.R.A., although affiliated with the City, does not qualify for health
coverage under the City's current plan. The City Commission can waive the
eligibility section and allow coverage for any group or persons since the
City is self insured. However, to do so may open the door to allow similar
requests from other groups affiliated with the City, but who do not adhere
to City Personnel Policies or hiring practices.
Recommendation:
Staff recommends denial of the request based on the existing policy, which
clearly defines those person eligible for coverage.
JWE:sk
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-CD Community
Redevelopment
Agency
-a
Delray Beach
AGENDA REOUEST
eRA MEMO
TO: Mayor Lynch and City Commissioners
FROM: Frank R. Spence, ' . r;;-.. S
ExecutJve Dlrector
DATE: December 18, 1990
SUBJECT: Request to City r ' . t.o Authorize CP.~
_ommlSSlon
Employees to Participate in the City's Health
Insurance Plan
The CP.A Board is requestina the city Commission to ~1Jtnori7.e CPA
employees to pClxticipate in the City's HeCllth Insurance> Proaral':.
This action is beina ta.ken upon the a.dvice of the City Manaan,
ba.sed uPCJn the nature of the leqal relationshin be t~.Jeen the cjtv
and the CRA, TNherein only the City Commission could arant such
permission.
Such participation by the CRA's two employees would be at no cost
to the City. The CRA pays for their premiums. I Rm still
currently a member of the City's Health Insurance Proqram undor
CGBPA. However, this entitlement will expire in approximately five
months.
Your favorable consideration of this request would be i'\ppreciated,
cc: David Harden, City Manaqer
._VCity Clerk's Office (Cheryl)
1 S.E. 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640
."
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ/1A
SUBJECT: AGENDA ITEM # Cf L - MEETING OF JANUARY 8, 1991
CHANGE ORDER NO. 5 - WIDELL ASSOCIATES, INC.
DATE: January 4, 1991
The Commission is to consider Change Order No. 5 to Widell
Associates, In c. , for the Water Treatment Plant Expansion
Project to decrease the contract by $3l,040.51. This Change
Order is necessary to close out the contract.
Recommend approval of Change Order No. 5 to Widell Associates,
In c . , in the amount of a $31,040.51 decrease.
'1(.
t!
, . -
.4
Aqenda Item No. :
AGEIJDA REQUEST
Date: 12/26/90
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: Jan. 15, 1991
Description of agenda item (who, what where how much): Re~uest Cit~
Commission a rove Change Order tIS to Widell Assoc., Inc. Project Wale 'fr.eC:1l111e l
P1 :m"" F.xpansion. Proiect No. 90-12.2 reducing ontract mount .
F11nrHng ~nllr('~ 441-5162-536-60.76
ORDlIlAllCE/ RESOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda tion: Staff recommends. a~proval of Change Order tl5. This Change
Order is necessary to close out the con ract.
~
Department Head Signature: /~U~
Deteraination of Consistency with Coaprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ ti)
Funding alternatives: 441-5162-536-60.76 (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: (9/ NO fJf1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
R:hCEIVED
DEPARTMENT OF ENVIRONMENTAL SERVICES
DEe 26 1990
M E M 0 RAN DUM
CITY MANAGfR'S OfFICE
TO: DAVID T. HARDEN
CITY MANAGER
FROM: MARK A. GABRIEL t21M
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: DECEMBER 26, 1990
SUBJECT: WATER TREATMENT PLANT EXPANSION
CITY PROJECT NO. 90-12.2
FINAL CHANGE ORDER (NO.5) PROJECT CLOSE-OUT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The above referenced project has been reviewed by our consultant
(Post, Buckley, Schuh & Jernigan, Inc.) and Environmental
Services staff and determined by both parties to be complete.
Attached, please find five copies of Change Order No. 5 and
attachments, which is the final adjustment in the contract price.
As you can see, this change order reduces the overall contract
price to $ 2,232,024.35 or $ l5,975.65 below the price bid.
Staff recommends approval of the change order so that the project
may be closed out.
MAG:kt
Attachments
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER /j)f61)/'(
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRIEL tIf;;i
ASST. DIRECTOR OF NVIRONMENTAL SERVICES/CITY ENGINEER
DATE: DECEMBER 31, 1990
SUBJECT: WATER TREATMENT PLANT EXPANSION - CHANGE ORDER #5
. RESPONSE TO YOUR MEMO DATED DECEMBER 27, 1990
.
. PROJECT NO. 90-12.2
.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In sitting down with each of the parties involved in the project
(i.e. Contractor, Engineer Consultant, and City forces) and
reviewing the numerous pieces of correspondence I came to the
same conclusion. Quantifying and assigning costs responsibilities
is another matter however.
The final Change Order (Change Order #5) was a "negotiated"
document acceptable to all parties. It was proposed by this
office to permit an expedient closure of this particular
contract. On December 6, 1990, I met with all the parties
involved in the project to bring myself up on what has transpired
over the past 2.5 + years and hear each parties side of the
story. I concluded the following:
l. No party, including City representatives, were
probably without fault.
2. To determine actual values to each party would
entail countless hours of "finger pointing" and
the outcome was doubtful.
3. The monies the City might actually collect, less
staff's time and possible litigation, did not
appear to be cost efficient.
4. Under our present work load, it appeared that
staff efforts could be better utilized elsewhere.
For your information, Susan Ruby and I have been working together
on CH2M-Hill's Work Authorization for the Water Treatment Plant
upgrading. One element of this rewriting is to put the
consultant on notice that any additional costs incurred by the
City, due to incomplete plans, will be backcharged to the
consultant. In the future such instances will be accessed and
quantified as they occur.
MAG:kt
File: Water Treatment Plant - Project No. 90-l2.2
William H. Greenwood, Director of Environmental Services
Interoffice Memos: Memos to David T. Harden, City Manager
,,"
/~/;(e !?o /710
[IT' DF DELAA' BEA[H
100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-700a
MEMORANDUM
TO: Mark Gabriel, Assistant Director of Environmental Services/
City Engineer
Ci ty Manager tLfJ/1 -
-
David T. Harden, - .
FROM:
WATER TREATMENT PLANT EXPANSION - 'CHANGE ORDER #5 ;::
SUBJECT:
DATE: December 27, 1990
-
From reviewing this Change Order, it appears that a number of the
changes were required due to errors in the drawings made by Post
Buckley. I would like to have, for the agenda package, a memorandum
from you giving your opinion on whether we should seek to recover any
of these additional charges from Post Buckley.
DTH:mld
..
0
T~>= Fr::t::()PT AI '^,D.V<::. M L\TTr=P~
~ j" ~~: ~,-i i--': ~~ ,- --i l-.~';
L !' . j
"
CHANGE ORDER FORM , ,
CITY OF DELRAY BEACH [ ~ I' 1 ,-, v' " ...,
.:;j-.' -
-. -. r--- - ..-----.------.
. ; f
WATER TREATMENT PLANT EXPANSION ,--- .-
!
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CHANGE ORDER NO. S .. - ._~-- -...- '" ..-'. ...-....
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.~-._._-...----- - -.---.-,.-..... .-..
DATE: December 12, 1990 CONTRACTOR: Widell Associates, Inc.
OWNER: City of Delray Beach AGREEMENT DATE: June 21, 1989
The following changes are hereby made to the CONTRACT DOCUMENTS:
ORIGINAL CONTRACT PRICE $ 2.248.000.00
Current CONTRACT PRICE ADJUSTED by previous
CHANGE ORDER: $ 2.263.064. 86
Net (Iaereaee)(Decrease) Resulting from this CHANGE ORDER $ (31,040.51 )
The current CONTRACT PRICE including this CHANGE ORDER $ 2,232,024.35
ORIGINAL CONTRACT TIME: Days 390 davs
Current CONTRACT TIME adjusted by previous CHANGE ORDERS Days -0-
Net (Increaee)(Decrease) Resulting from this CHANGE ORDER Days -0-
The current CONTRACT TIME including this CHANGE ORDER Days 390 davs
CHANGES ORDERED:
I. GENERAL
This change order is necessary to cover changes in the work to
be performed under this Contract. The GENERAL CONDITIONS,
SUPPLEMENTARY CONDITIONS, SPECIFICATIONS and all parts of the
Project Manual listed in Article 1, Definitions, of the
GENERAL CONDITIONS apply to and govern all work under this
change order.
Change Order No. S
720a/E120890 Change Order Page 1 of 3
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II. REQUIRED CHANGES
See Attachment A.
III. JUSTIFICATION
See Attachment A.
IV. PAYMENT
Deduct $31,040.51
See Attachment A.
Chanqe Order No. 5
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720ajE120890 Chanqe Order paqe 2 of 3
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V. APPROVAL AND CHANGE AUTHORIZATION
Acknowledgements:
The aforementioned change, and work affected thereby, is subject to
all provisions of the original contract not specifically changed by
this Change Order; and,
It is expressly understood and agreed that the approval of the Change
Order shall have no effect on the original contract other than
matters expressly provided herein.
Change Order Request by:
Change(s) Ordered by:
RECOMMENDED BY: ACCEPTED BY:
POST, BUCKLEY. SCHUH & JERNIGAN, INC. WIDELL ASSOCIATES, INC.
Engineer Contractor
By: ?/~/s _I J -L!Y!a/.,. ~:-- _;~ /J.-t1-9J -
Signature Date S1gna ure Date
J. Richard Voorhees , ~.E. W. H. Winsemann, Jr.
Title: Proiect Manaaer Title: Vice President
APPROVED BY:
CITY OF DELRAY BEACH ~ c::: . "'I...., It. 1
Owner Qlli. I *<. ... .J coo
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AC."cI'Tep RALPH N. BRESCIA I
)f"WJECT MANAGFQ I
By:
Signature Date -.-. -
William H. Greenwood
Title: Director of Environmental Services
Change Order No. S
720a/E120890 Change Order Page 3 of 3
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AT'l'ACBMENT A
Item Reauired Chanaes/Justification Amount
1 Field Order No. 3. Changed insulation board on
first and second floors of new office and lab
building to provide an R factor of 5.4 per
requirements of the City of Delray Beach. F.O.
No. 3 and Widell letter dated 08/16/90 attached
(Attachment B).
$3,143.00
2 Field Order No. 4A. Provide HVAC duct work, air
supply grille and air return grilles to provide
air conditioning for room no. 205. Revise duct
work in room no. 211. Field order required to
provide air conditioning in room no. 205 for
cooling of compressor and UPS. F . 0 . No. 4A and
Widell letter dated 08/15/90 attached
(Attachment C).
$1,422.00
3 Field Order No. 6A. Delete three #2 and one #8
wire in 1 1/4-inch conduit shown on Drawing E-13
and give credit to City of Delray Beach. Wiring
not required for contract. F . 0 . No. 6A and
Widell letter dated 11/06/90 attached
(Attachment D).
Credit ($295.37)
4 Field Order No. 7. Furnish and install aluminum
sheeting on louvered doors to room no. 110. The
entire room acts as a plenum for HVAC system and
louvered doors required blocking off to allow
for proper operation of the HVAC system. F.O.
No. 7 and Widell letter dated 08/14/90 attached
(Attachment E).
$728.00
5 Field Order No. 8. Lower acoustical ceiling
room no. 209, room no. 211 and room no. 205 to
allow for installation of lighting fixtures
where shown on the drawings. Due to tight
constraints where HVAC ducts, plumbing and roof
drain piping were installed the light fixtures
would not fit above the ceiling when installed
according to the drawings. The ceiling had to
be lowered 4-inches. F.O. No. 8 and Widell
letter dated 09/05/90 attached (Attachment F).
$1,805.00
720a/F120890 Attachment A - 1 Change Order No. 5
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Item Reauired Chanaes/Justification Amount
6. Field Order No. 9 Provide 480 volt, 3 phase
power at pull box 'A' and miscellaneous wiring
at clarifier number 4 to provide power to 10-
inch desludge valve. Wiring to valve was
originally 120 volt, 1 phase, the valve actuator
motor was shipped with a 480 volt, 3 phase
motor. F.O. No. 9 and Widell letter dated
11/06/90 attached (Attachment G).
$1,587.66
7. Field Order No. 10. Provide wiring and conduit
to existing light and fan switches and
receptacles for both fume hoods. Provide
conduit, wiring and pedestal mounted switch for
three exhaust fans in lab. Conduit, wiring and
pedestal mounted switches were not shown on
drawings. F.O. No. 10 and Widell letter dated
11/06/90 attached (Attachment H).
$194.83
8. Work Directive No. 1. Remove fire damper
installed on duct from EF-1 and install a fire
resistive blanket on duct. Fire damper required
by City of Delray Beach Building Department did
not comply with NFPA 45 paragraph 6-11.3 for
laboratory fume hoods. Fire resistive blanket
required to preserve integrity of fire rated
wall system. W.O. No. 1 and Widell letter dated
11/12/90 attached (Attachment I).
$5,309.27
9. Contractor claim for additional seal welding
completed for clarifier No. 4. Seal welding
provided to give additional protection of steel
plates against corrosion. PBS&J letter dated
04/19/90 and Widell letters dated 04/06/90 and
06/07/90 attached (Attachment J).
$1,892.00
10. Contractor claim for installation of "fire cats"
installed at ceiling lines of wall partitions
not shown on the drawings. The "fire cat"
installation was required by the City of Delray
Beach Building Department. Widell letter dated
11/07/90 attached (Attachment K).
$345.00
720ajF120890 Attachment A - 2 Change Order No. 5
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Item Reauired Chanaes/Justification Amount
11. Contractor claim for installation of paper towel
dispensers in restroom nos. 107, 108 and 208.
Towel dispensers were specified but not shown on
the drawings. Widell letter dated 11/07/90
attached (Attachment L).
$195.00
12. Credit offered by Contractor for items not
completed as shown on the contract drawings
including: Removal of two light poles and
installation of new polymer tank level probes.
The deleted work was requested by the City of
Delray Beach. Items 1 and 16 included in Widell
letter dated 11/30/90 attached are included in
this credit. This credit was considered fair
and equitable by PBS&J and was approved by
Department of Environmental Services during
meeting on 12/06/90 (Attachment M).
Credit ($300.00)
13. Credit offered by Contractor to delete
requirement to provide framed instructions from
the contract. The utilities operating personnel
agreed the item was not required. The amount
offered in Widell letter dated 11/15/90 was
considered fair and equitable by PBS&J and was
approved by the Department of Environmental
Services during meeting on 12/06/90 (Attachment
N) .
Credit ($1,000.00)
14. Credit offered by Contractor for the deletion of
a 3 phase, 50 amp circuit breaker indicated in
Note 3 on Sheet E-13 of the Contract Drawings.
This breaker was not required for the contract
work. The offered credit was considered fair
and equitable by PBS&J and was approved by the
Department of Environmental Services during
meeting on 12/06/90.
Credit ($250.00)
15. Credit offered by Contractor for the deletion of
specified aluminum expansion joint between the
new walkway and bridge connections to the
existing control building. The installed
expansion joint system was acceptable and the
offered credit was considered fair and equitable
by PBS&J. The credit was approved by the
Department of Environmental Services during
meeting on 12/06/90.
Credit ($250.00)
720ajF120890 Attachment A - 3 Chanqe Order No. 5
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Item Reauired Chanaes/Justification Amount
16. Credit for balance of testing allowance not used
during the Contract. The credit is per the
Contract Documents, Specification Section 01020,
Allowances.
Credit ($15,566.90)
17. Deduct from the Contract liquidated damages of
60 calendar days at $500.00jcalendar day due to
contract time overrun. This amount of
liquidated damages is to be applied to
additional services provided by PBS&J due to the
Contract time being exceeded.
Credit ($30,000.00 )
Grand Total Credit ( $31,040.51 )
720ajF120890 Attachment A - 4 Chanqe Order No. 5
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {~
SUBJECT: AGENDA ITEM #q~MEETING OF JANUARY 8, 1991
AUTHORIZATION NO. 3' Ii WITH POST, BUCKLEY, SCHUH &
JERNIGAN
DATE: January 4, 1991
The Commission is to consider Authorization No. 3 B wi th Post,
Buckley, Schuh & Jernigan for additional services for the Water
Treatment Plant Expansion Project 90-12. These services were
necessary because Widell Associates, In c. , exceeded the final
completion date in excess of 135 days.
A negotiated settlement on liquidated damages resulted in Widell
Associates, Inc. , agreeing to liquidate damages equalling 60 days
at $500 for a total assessment of $30,000. Funding will be from
the 1984 Bond Issue (Account No. 441-5162-536-60.76). Account
balance approximately $45,000 (pending P.O. Liquidations)
Recommend approval of Authorization No. 3B for additional
services in the amount of $29,997.12 which will be paid from
liquidated damages assessed Widell Associates, Inc.
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Agenda Item No.:
AGENDA REQUEST
Date: JANUARY 2, 1991
Request to be placed on:'
Consent
xx B.BCJOOlllXr Agenda Special Agenda Workshop Agenda
When: January 8, 1991
Description of agenda item (who, what, where, how much): Request City Commission
to approve Authorization No. 3B for the Water Treatment Plant Expansion Project 90-12. These additional
services were necessary because Widell Associates, Inc. exceeded the final completion date in excess of 135
days. A negotiated settlement on liquidated damages resulted in Widell Associates, Inc. to agree to liquidated
damages equalling 60 days at $500 for a total assessment of $30,000. Funding source shall be the 1984 Bond
Issue Account No. 441-5162-536-60.76.
ORDIRAHCEI RESOLUTION REQUIRED: !?SS/NO Draft Attached: RB/NO
Recommendation: Staff recommends approval of Authorization No. 3B for additional services
in the amount of $29,997.12 which will be paid from liquidated damages assessed Widell Associates, Inc.
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Department Head Signature: ~.II}/ apr>H~~J
Deteraination of Consistency with Coaprehensive Plan:
"!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative~
Account No. & Description:
Account Balance: S
City Manager Review:
Approved for agenda: ~ NO ~f
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
. .
AUTHORIZATION NO. 3B (THREE B) TO AGREEMENT
Entered Into and Between
CITY OF DELRAY BEACH, FLORIDA
100 N.W. First Avenue
Dated February 1, 1989
AND
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1560 Orange Avenue, Suite 700
Winter Park, Florida 32789
ADDITIONAL SERVICES DURING CONSTRUCTION OF THE
DELRAY BEACH WATER TREATMENT PLANT EXPANSION PROJECT
1.0 SCOPE OF SERVICES
Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide additional
professional engi neeri ng and related services, as hereinafter described to
the Ci ty of Del ray Beach, Florida (CITY) during the Construction Phase of
the Water Treatment Plant Expansion Project (PROJECT).
Due to the Contractor, Widell Associates, Inc., exceeding the final completion
date for the PROJECT in excess of 135 days, the ENGINEER has provided extended
services as outlined in Authorization No. 3A dated May, 1989. These extended
services are beyond the original Scope of Work due to the delay in completing
the PROJECT wi thin the Contract Time. The Scope of Work completed by the
ENGINEER is described in Authorization No. 3A in the following paragraphs:
1. Paragraph 1.2.1, General Administration of Construction Contract
2. Paragraph 1.2.2, Visits to Site and Observation of Construction
3. Paragraph 1.2.3, Defective Work
4. Paragraph 1.2.4, Interpretation and Clarification
5. Paragraph 1.2.5, Shop Drawings
6. Paragraph 1.2.6, Substitutes
7. Paragraph 1.2.7, Inspections and Tests
8. Paragraph 1.2.8, Disputes Between City and Contractor
9. Paragraph 1.2.9, Applications for Payment
10. Paragraph 1.2.10, Contractor's Completion Documents
11. Paragraph 1.2.11, Inspections
12. Paragraph 1.2.12, Limitations of Responsibilities
2.0 COMPENSATION
Compensation for engineering services shall be based upon the Agreement entered
into and between the CITY and ENGINEER on June 10, 1985 for Additional Services
and latest Amendment, dated February 1, 1989.
A detailed breakdown of monthly project costs from August, 1990 through
December, 1990 is included as Attachment A.
The monthly totals for costs expended by the ENGINEER to provide the Additional
Construction Services for the time period stated above are as follows:
August, 1990 $ 6,211.21
September, 1990 3,491. 33
October, 1990 7,699.52
November, 1990 6,603.17
December, 1990 5,991.89
Total Cost $29,997.12
3.0 TIME OF SERVICE
The ENGINEER has furnished services in addition to the original Time of Service
included in Authorization No. 3A for a period of time equal to the time from
the Substantial Completion time stated in the Construction Contract to the
actual Final Completion and Contract Close Out Time equal to a time period
in excess of 142 days.
Significant Construction Dates
a. Contract Final Completion - July JO, 1990
b. Actual Substantial Completion - November 20, 1990
c. Final Completion and Contract Closeout - December 20, 1990
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
AMENDMENT to AGREEMENT upon tenns and condi tions above stated on thi s
day of , 1990.
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For the ENGINEER: For the CITY:
POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DElRAY BEACH
By: By: Thomas E. Lynch
Mayor
Witness: ~ c;f- ~ Attest:
Approved as to Form:
City Attorney
JRV:mv/023
ATTACHMENT A
MONTHLY PROJECT COST FROM AUGUST, 1990 THROUGH DECEMBER, 1990
AUGUST, 1990
PROJECT LABOR HOURS AMOUNT
Project Manager $1,162.59
Voorhees, Richard 39.0
Senior Environmental Engineer
Copeland, Charles E. Jr. 4.0 134.60
Senior HVAC Engineer
Rivas, Emilio 6.0 150.00
Senior Architect
Capotorto, Dan 4.0 130.00
Senior Electrical Engineer
Trevin, Pedro 11.0 313.50
HVAC Designer
Maura, Shirley 3.0 40.44
Senior Environmental Designer ..-,
Wilson, Walter 1.0 16.12
Secretary
Vanderdrift, Marlene 4.0 50.72
Document Control Clerk
Bartley, Kerensa 5.5 41. 25
7i3 $2,039.22
x3.0
Total Labor $6,117.66
REIMBURSABLES
Reproduction $ 28.12
Telephone 6.04
Blueprints & Reproduction 21. 04
Courier 32.35
PC Computer 6.00
Total Reimbursables $ 93.55
TOTAL AMOUNT FOR AUGUST, 1990 $6,211.21
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SEPTEMBER, 1990
PROJECT LABOR HOURS AMOUNT
Project Manager
Voorhees, Richard 32.5 $ 968.82
Senior Architect
Neville, Gregory 1.0 19.25
Secretary
Vanderdrift, Marlene 4.0 50.72
Baxter, Wanda 0.5 4.69
Document Control Clerk
Bartley, Kerensa 3.0 22.50
4T:O $1,065.98
x3.0
Total Labor $3,197.94
REIMBURSABLE EXPENSES
Reproduction $ 72.05
Telephone 26.91
Transportation - Local 31.54
Auto Rental 47.86
Meals 16.73
Air Fare 83.00 --,
Courier 15.30
Total Reimbursable Expenses $ 293.39
TOTAL AMOUNT FOR SEPTEMBER, 1990 $3,491. 33
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OCTOBER, 1990
PROJECT LABOR HOURS AMOUNT
Project Manager
Voorhees, Richard 40.5 $1,207.30
Senior Architect
Capotorto, Dan 9.0 292.50
Senior Structural Engineer
Pitcher, William P. 1.0 29.09
Martinez, Paul A. 11.0 177 . 21
Senior HVAC Engineer
Rivas, Emilio 10.0 250.00
Senior Electrical Engineer
Trevin, Pedro 13.0 370.50
Secretary
Vanderdrift, Marlene 2.5 31.70
Brown, Barbara 4.5 42.03
Genendlis, Pamela 1.0 11.06
Fajet, Deborah 3.0 28.98
Document Control Clerk -
Bartley, Kerensa 4.5 33.75
100.0 $2,474.12
x3.0
Total labor $7,422.36
REIMBURSABLE EXPENSES
Reproduction $ 47.08
Telephone 12.32
Transportation - local 34.79
Auto Rental 38.91
Meals 1.06
Air Fare 143.00
Total Reimbursable Expenses $ 277 .16
TOTAL AMOUNT FOR OCTOBER, 1990 $7,699.52
NOVEMBER, 1990
PROJECT lABOR HOURS AMOUNT
Project Manager
Voorhees, Richard 49.5 $1,475.60
Senior Architect
Capotorto, Dan 2.0 65.00
Senior HVAC Engineer
Rivas, Emilio 8.0 200.00
Senior Electrical Engineer
Trevi n, Pedro 9.0 256.50
Secretary
Vanderdrift, Marlene 2.5 31. 70
larivee, Arden 4.0 49.52
Document Control Clerk
Bartley, Kerensa 2.5 18.75
i/:5 $2,097.07
x3.0
Total labor $6,291.21
REIMBURSABLE EXPENSES -
Reproduction $ 10.56
Telephone 28.52
Transportation - local 33.46
Auto Rental 35.72
Meals 1.06
Ai r Fare 145.00
PC Computer 5.17
Courier 22.75
Photos 12.38
Blueprints 17 . 34
Total Reimbursable Expenses $ 311. 96
TOTAL AMOUNT FOR NOVEMBER, 1990 $6,603.17
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DECEMBER, 1990
(Actual through 12/9/90
Estimated to end of Project)
PROJECT lABOR HOURS AMOUNT
Project Manager
Voorhees, Richard 42.0 $1,251. 99
Senior Architect
Capotorto, Dan 2.0 65.00
Senior HVAC Engineer
Rivas, Emilio 12.0 300.00
Senior Electrical Engineer
Trevin, Pedro 2.0 57.00
Secretary
Vanderdrift, Marlene 2.0 25.36
Baxter, Wanda 3.0 28.14
larivee, Arden 3.0 37.14
Document Control Clerk
Bartley, Kerensa 2.0 15.00
87.0 $1,779.63
x3.0
Total labor $5,338.89
REIMBURSABLE EXPENSES
Reproduction $ 50.00
Telephone 30.00
Transportation - local (2 trips) 70.00
Auto Rental (2 days) 78.00
Meals 15.00
Air Fare (2 trips) 390.00
PC Computer 10.00
Courier 10.00
Total Reimbursable Expenses $ 653.00
TOTAL ESTIMATED AMOUNT FOR DECEMBER, 1990 $5,991.89
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!l?1 q,..,
SUBJECT: AGENDA ITEM #~- MEETING OF JANUARY 8, 1991
AUTHORIZATION NO. 1C - POST, BUCKLEY, SCHUH & JERNIGAN
DATE: January 4, 1991
The Commission is to consider approving Authorization No. 1C with
Post, Buckley, Schuh & Jernigan for professional services in
connection with the Miller Storage Tank and Booster Station
(Project No. 90-9.1.) These services are necessary for the
bidding and construction phase of the project.
Negotiated compensation is $206,804, with funding to come from
the 1984 Water and Sewer Revenue Bond Issue (Account No.
441-5162-536-xx.xx)
Recommend the Commission approve Authorization No. 1C with Post,
Buckley, Schuh & Jernigan in the amount of $206,804.
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Agenda I tem No. :
AGEHDA REQUEST
Date: January 4. 1991
Request to be placed on:'
Consent
xxx h9Ui.lEU Agenda Special Agenda Workshop Agenda
When: January 8, 1991
Description of agenda item (who, what, where, how much): Request City Commission
to approve Authorization No. 1C with PBS&J for professional services in connection with the Miller StoraQe
Tank and Booster Station, Project No. 90-9.1. Professional services are necessarv for the Biddina Phase
and Construction Phase. NeQotiated compensation is $206.804 to be funded from the 1984 Water and Sewer
Revenue Bond Issue account number to be assigned by the Finance Department.
ORDIHANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: llE4i/NO
Recommendation: Staff recommends approval of Authorization No. 1C to successfully complete the
Miller Storaqe Tank and Booster Station. All work to be performed in accordance with the existina
;.., consulting agreement dated February 1, 1989.
Department Head Signature: ~~/ ~J/~~~J
,
D.teraination of Consistency with Comprehensive Plan: Previously approved
~ Project (vested activity).
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: G;1NOzrH
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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CITY OF DELRAY BEACH
Departmental Budget Transfer
(1) Departaental Line Transfer (2) Date January 4. 1991
(3) Interfund/lnterdepartmental Transfer (4) Batch Number .?f!V ~SD
(5) REQUESTED BY: William H. Greenwood. Director of Environmental Services
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~---_._------.._-.._-._.------_._-----.------_._.~-----.-----.---.__.~-------------_.-~.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
~-------------------- ~-._-----_.---------------_. ~--.---._----------. ~------_._-------_. ,
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441-5162-536-60.43 Raw Water Main $ 206.804
441-5162-536-xx.xx Miller Tank and Booster - $ 206.804
ENgineering
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(10) TOTAL $ 206.804 $ 206.804
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JUSTIFICATION: Insufficient funds in Water Storage and Transmission Fees make it
necessary to use an alternative funding source - the 1984 KIIIKBI Water and Sewer
Revenue Bond.
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DEPT. HEAD ...-l.. ASSIST. CITY MGR.
BUDGET DIRECTOR CITY MANAGER
.-----------....-----------------------------------------------------------------------.-
(11) BUDGET REVISION DATE (12) CONTROL NUMBER
(13) PERIOD (14) COUNT
WHITE. ORIGINAL. BUDGET . CANARY. COPY. FILE . PINK - COpy - DEPARTMENT
r
:)
AUTHORIZATION NO. IC TO AGREEMENT
Entered Into And Between
CITY OF DELRAY BEACH. FLORIDA
100 N.W. First Avenue
Delray Beach. Florida 33444
Dated December 20. 1988
And
POST. BUCKLEY. SCHUH & JERNIGAN. INC.
1400 Centrepark Boulevard. Suite 200
West Palm Beach. Florida 33401
For The
MILLER PARK POTABLE WATER STORAGE TANK
AND BOOSTER STATION
Post. Buckley. Schuh & Jernigan. Inc. (ENGINEER) shall provide professional
engineering services. as hereinafter described. to the City of Oelray Beach
(CITY) for a proposed potable water storage tank. booster ptlllp station. and
associated appurtenances. The proposed project will be constructed on a
parcel of property located in Miller Park.
1.0 SCOPE OF SERVICES
1.1 Bid Assistance
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a. The ENGINEER wi 11 distribute contract documents to parties who
respond to the advertisement for bids.
b. The ENGINEER shall prepare clarifications (and other addenda) which
may be required during the bidding procedure. It is understood
and agreed that the ENGINEER shall make reasonable efforts to prepare
addenda and make them available to the CITY at least seven (7)
days before the bid opening. Addenda will be reproduced and
delivered by the ENGINEER. by certified ma11 or overnight ma11,
to all holders of plans and specifications.
c. The ENGINEER will attend and conduct a pre-bid meeting at a location
designated by the CITY. The ENGINEER will prepare minutes of the
meeting and distribute copies of the minutes to attendees of the
pre-bid meeting and plan holders.
d. The ENGINEER will assist the CITY in reviewing bids received,
providing its opinion of the bidders' responsiveness, and make
written recommendations as to the possible contract award.
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1.2 Conforlled OocCllents
a. Following the CITY's issuing a Notice to Proceed to the successful
Contractor, the ENGINEER shall prepare and deliver up to twenty
(20) conformed sets of documents to interested parties as required,
including the RPR and the various design disciplines.
1.3 Construction Phase Services
a. Make up to fifteen (15) visits to the site at intervals appropriate
to the various stages of construction to observe, as an experienced
and qualified design professional, the progress and quality of
the various aspects of the Contractor's work. The ENGINEER sha 11
make written reports of its observations and findings as necessary
to fulfill contractual obligations.
b. Issue necessary interpretations and clarifications of the contract
documents in the form of Requests for Information (RFI).
c. Revi ew and approve (or take other appropriate action in respect
to) shop drawi ngs , samples, and other submittals or resubmi tta 1 s
which the Contractor is required to submit, but only for conformance
with the design concept of the project, and only in compliance
with the information given in the contract documents. Such revi ews
and approva 1 s (or other action) shall not extend to di liens ions,
means, methods, techniques, sequences or procedures of construction,
or to safety precautions and programs incident thereto; the review
shall be effected within thirty (30) days of receipt.
d. Evaluate and determine the acceptability of substitute _materials
and equipment proposed by the Contractor as deemed aylpropriate
by the Engineer.
e. The ENGINEER shall prepare necessary change orders for negotiation
and approval by the CITY. Change orders resulting from a change
in scope will be considered additional services subject to additional
compensation.
f. The ENGINEER sha 11 pa rt i ci pa te in project coordination activities
such as telephone conversations with the involved parties,
coordination with key project personnel, etc.
g. The ENGINEER, as the CITY's representative, may recomnend special
inspections or testing of the project work, and the ENGINEER
therefore agrees to receive and review certificates of inspection,
tests, analyses, permits, and approvals as may be required by local,
state, or federal laws, rules, regulations, ordinances, codes,
orders, decisions (whether judicial or administrative), necessary
for the project; however, the review shall only lead to the
ENGINEER's determination that the content of these items generally
comply with the requirements of the contract documents. Materials
testing and surveying are not included in the Engineer's scope
of servi ces.
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<
h. The DfGINEER shall review _nufacturer's _intenance and operating
instructions. schedules. guarantees. bonds. certificates of
inspection. tests. and approvals which are to be asseaabled by the
Contractor in accordance with the contract doc..nts. Such review,
however, will on 1 y be to detennine that their content complies
with the requirements of (and, in the case of certificates of
inspection, tests, and approvals, the results certified indicate
compliance with) the Contract Documents. An OIM manua 1 will not
be prepared as part of this Scope of Services.
1- The ENGINEER shall conduct a total of two (2) inspections to
detennine if the project work is ready for substantial completion
or final completion, respectively. The ENGINEER sha 11 prepare
and execute a punch list with the Contractor. Upon successful
resolution of the punch list and other contract obligations, the
ENGINEER shall recommend final payment to the Contractor, give
written notice to the Contractor that the work is acceptable (subject
to any conditions therein expressed).
j. The ENGINEER shall not be responsible for any acts or omissions
of others including: the Contractor, the CITY, or any other persons;
provided, however, that nothing contained in this subsection shall
be construed to release the ENGINEER from liability for failure
to reasonably perform the duties and responsibilities assumed by
the ENGINEER. In addition, the ENGINEER shall not be responsible
for means, methods, techniques, sequences or procedures of
construction, or for safety precauti ons and programs incident
thereto.
k. The ENGINEER sha 11 revi ew the Contractor' s App 11 cati ol'!s Wr Payment
and shall recommend such payments in writing to the CITY. .~.
1. The ENGINEER shall prepare a set of reproducible record mylar
drawings based upon the marked-up prints, drawings, and other data
furnished to the ENGINEER by the Contractor.
m. The ENGINEER wi 11 participate in and advise the Contractor during
start-up of equipment and will help instruct the CITY's personnel
in the proper operation of certain equipment and instrumentation.
As a minimum, the ENGINEER wi 11 have a mechan i ca 1 engineer, an
electrical engineer, and an instrumentation engineer on site during
start-up and check-out operations by the Contractor. These servi ces
will be limited to a maximum of five (5) man days.
n. The ENGINEER shall consult with the CITY for the constructed
facilities for up to one (1) month following substantial completion.
and may recommend operational, maintenance, and/or physical changes
for improving operation and overall performance of the facility.
.
<
.
o. During construction operations, a P8SIJ resident project
representative will be on site to provide construction observation
and project administration. Through more extensive on-site
observations of the work in progress and field checks of materials
and equipment by the resident project representative, P8SIJ wi 11
endeavor to provide further protection for the CITY against defects
and deficiencies in the work. However. in providing resident project
representation services, neither P8SIJ nor its staff will be
respons i b 1 e for the means, methods. techni ques. or procedures of
construction selected by the Contractor nor for safety precautions
and programs i nef dent to the work of the Contractor. nor for any
failure of the Contractor to comply with any laws. ordinances.
rules or regulations applicable to the construction work, nor for
any failure of the Contractor to perfonn the construction work
in lccordance with the contract documents. Compensation for the
resident project representative (RPR) is based on the RPR's ability
to provide project representation services for the project and
at the same time for projects defined in authorizations 15. 18
and 9 for 2480 man hours. This authorization upgrades the hourly
rate of the RPR provided in those authorizations due to the increased
complexity and adds 400 additional man hours for non-concurrent
time. Also included in this authorization is miscellaneous
engineering services. It is understood that the City will provide
clerical assistance to the RPR during the construction of the
projects covered under this authorization and authorizations 15.
1B, and 9.
2.0 COMPENSATION
CQrnpensation for engineering services shall be based upon the Agreement
entered into and between the CITY and ENGINEER on June 1G-i 1985 for
Additional Services and latest Amendment. dated February 1. 1989.
A detailed project cost estimate is included as Attachment A.
Estimated budget for bidding and construction of the Mi llet" Park Water
Storage Tank and Booster Station is as follows:
1.1 Bidding Phase Services $ 14.874.00
1.2 Conformed Documents and Preconstruction Meeting $ 8.343.00
1.3 Construction Phase Services $ 71,430.00
1.4 Start-Up Services $ 5.459.00
1.5 Project Close-Out and Record Drawings $ 8.008.00
1.6 Resident Project Representation and
Miscellaneous Engineering $ 98.690.00
TOTAL ESTIMATED FEE $206,804.00
3.0 TIME OF SERVICE
The project budget is based upon a twelve (12) month construction period
. and the attached project schedule. (Attachment B)
.
<
IN WITNESS WHEREOF. the parties hereto have accepted. lllde and executed this
Amendment to Agreement upon the tenns and conditions above stated on thi s
day of . 1990.
For the ENGINEER: For the CITY:
POST. BUCKLEY. SCHUH & JERNIGAN. INC. CITY OF DELRAY BEACH
By:_"," \J!l.!~A. ~ L....'O' 4- By:
Witness: Attest:
>/ /Z,cL I cLL-
Date: lollllfo Date:
# I
Approved as to Fonn:
C1 ty Attorney
JRV: mv /007 JI
9/14/90
:
ATTACHMENT B
SCHEDULE
Advertisement August 4, 1990
Pre-Bid Conference August 22, 1990
Questions Received by August 31, 1990
Bid Opening September 6, 1990
Contract Award October 5, 1990
Pre-Construction Conference January 3, 1991
Notice-to-Proceed January 15, 1991
End Construction JartUary 14,. 1992
Start Up Complete January 14, 1992
--
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {fJ'tVf
SUBJECT: AGENDA ITEM II '0 - MEETING OF JANUARY 8, 1991
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
DATE: January 4, 1991
This item involves the appointment of three (3) regular members and five (5)
alternate members to the Code Enforcement Board. The accompanying backup
information provides the names and resumes of individuals who have asked to be
considered for appointment to this board.
The particulars for each appointment are set forth below, including the
appropriate appointment sequence based upon the adopted rotation system:
(1) General Contractor - Regular Member
Term ending: January 14, 1994
Appointment by Seat III (Commissioner Mouw)
(2) Real Estate Person - Regular Member
Term ending: January 14, 1994
Appointment by Seat 112 (Commissioner Alperin)
(3) Real Estate Person - Alternate Member
Term ending: January 14, 1994
Appointment by Seat 113 (Commissioner Andrews)
(4) Subcontractor/Layperson - Regular Member
Term ending: January 14, 1994
Appointment by Seat 114 (Commissioner Randolph)
(5) Subcontractor/Layperson - Alternate Member
Term ending: January 14, 1994
Appointment by Seat 115 (Mayor Lynch)
(6) Business Person - Alternate Member
Term ending: January 14, 1994
Appointment by Seat III (Commissioner Mouw)
(7) Engineer - Alternate Member
Term ending: January 14, 1994
Appointment by Seat 112 (Commissioner Alperin)
(8) Architect - Alternate Member
Term ending: January 14, 1994
Appointment by Seat 113 (Commissioner Andrews)
Recommend appointment of three regular members and five alternate members to the
Code Enforcement Board.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
DATE: January 2, 1991
At the meeting held on November 27, 1990, Fred Griffin was appointed as
an alternate member in the subcontractor position. However, it was
later determined that Mr. Griffin is not eligible to serve on the Code
Enforcement Board since he does not reside in the City of Delray Beach.
Section 37.15 of the Code of Ordinances states the following: "Each
regular and alternate member of the Code Enforcement Board shall be a
resident of the City." The Code further states: "The Code Enforcement
Board shall be composed of se~en regular members, along with seven
alternate members, appointed by the City Commission. Appointments to
both regular and alternate member positions shall be on the basis of
experience or interest in the fields of zoning and building control.
The regular and alternate membership of the Board shall, whenever
possible, include an architect, a business person, an engineer, a
general contractor, a subcontractor, and a realtor." The term of
appointment is three (3) years for both regular and alternate members.
There will be a vacancy for a regular member to fill the position of
general contractor. Robert McDonald, the incumbent, is not eligible to
serve since he has served two full terms. Dominick Sarlo, an alternate
general contractor, and William Stone are interested in being considered
for the appointment as a regular member. The term will run through
January 14, 1994. Their applications and resumes are attached. Based
upon the rotation system adopted by the City Commission in March 1990,
the appointment would be made by Commissioner Armand Mouw (Seat #1).
There will be two (2) vacancies for the position of both a regular
member and an alternate member for a real estate person. David Cohen,
the incumbent regular member, would like to be reappointed and is
eligible for reappointment. His resume is attached. Dorothy
Patterson, the incumbent alternate member, is not interested in being
reappointed due to the afternoon meeting time; she is employed.
Attached are the applications and resumes of Richard Raab and Stanley
Watsky who have expressed an interest in being considered for
appointment. The terms of the regular and alternate member will be
expiring on January 14, 1991. Based upon the rotation system adopted by
the City Commission in March 1990, the appointments would be made by
Commissioner Jay Alperin (Seat #2) and also by Commission William
Andrews (Seat #3).
MEMORANDUM : To David T. Harden, City Manager
Appointments to the Code Enforcement Board
January 2, 1991
,
The term of Rome Renna, regular member in the subcontractor position,
will expire on January 14, 1991. He does not wish to be reappointed.
There will exist two vacancies: (1) one for a regular member as a
subcontractor and (1) one as an alternate member for a subcontractor.
No applications have been received by subcontractors; however, the Code
states, liThe regular and alternate membership of the Board shall,
whenever possible, include an architect, a business person, an engineer,
a general contractor, a subcontractor, and a realtor." The following
laypersons have submitted their applications and resumes and would like
to be considered for appointment: Richard Eckerle (presently serving as
an alternate member on the Board of Adjustment), Sid Soloway, Anthony
Veltri, and Horace Waldman. Based upon the system adopted by the City
Commission in March of 1990, the appointments would be made by
Commissioner David Randolph (Seat #4) and by Mayor Thomas Lynch (Seat
#5).
The term of Beril Kruger, alternate member in the businessperson
position, will expire on January 14, 1991. Mr. Kruger is interested in
being reappointed and is eligible to serve. His application is
attached. Based upon the rotation system adopted by the City Commission
in March 1990, the appointment would be made by Commssioner Armand Mouw
(Seat #1).
There is a vacancy for an alternate member in the engineer position.
The appointment will be for a term ending January 14, 1994. Fred B.
Fetzer, a registered professional engineer in the State of Florida and
Georgia, has submitted his application and resume for consideration. No
other persons have applied for the position of engineer. Based upon the
rotation system adopted by the City Commission in March 1990, the
appointment would be made by Commissioner Jay Alperin (Seat #2).
There is a vacancy for an architect, alternate member, to a term ending
January 14, 1994. Richard Brautigan, registered architect, and Ronald
Rickert, II, who received his license in September 1990, would like to
be considered for appointment. Their applications and resumes are
attached. Based upon the rotation system, the appointment would be
made by Commissioner William Andrews (Seat #3).
cebj.txt
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Dominick Sarlo
3335 Lakeshore Drive, Deerfield Beach, FL 33442
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
2115 S. Ocean Blvd.. Delray Beach, FL 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (305) 428-0337 BUSINESS PHONE (407) 274-0830
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Construction Board of Appeals 1"7 ('rr 8
~-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
State of Florida General Contractor Since 1980
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Spirit Develo}:XTlent Corp. President, Secretary & Treasurer
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Have been in the Construction & Development Business for 12 years;
involved in all aspects of the Business for an additional 3 years.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AJ.~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~~<<' ;/ /;-:)-10)
SIGNATURE ' / oATE
4/90
DOMINICK C. SARLO
FLORIDA LICENSED GENERAL CONTRACTOR
License lOGe 016108 - Since 1980
EXPERIENCE: Development, Site Work and Design Planner;
project Manager; Construction Superintendent; General Sales
coordinator; Custoa Hoae Designer.
PRESIDENT 1988-Present
Spirit Development Corp.
Boca Raton, FL
VICE-PRESIDENT/PROJECT MANAGER 1986-1981
Five Star Hoaes,
General Developaent
Miami, FL
General Contractor and sole qualifier for starLight Cove, a
350 home, single family coaaunity. Responsible for all
financinq, development and construction. Closed 102 units in
12 months.
VICE-PRESIDENT 1985-1986
Weitzer Coaaunities
Kendall, Florida
Director of all develop.ent and construction for: 450
concrete fora villas at Moon Lake; 324 single faaily boaes at
River Run; 434 zero lot line hoaes at Encore; 264 custoa
homes at Panache.
CUSTOM HOME, DESIGNER/BUILDBR 1980-1985
Boca Woods Country Club
Boca Raton, Florida
Designed exterior and interior of over 30 custoa boaes in the
$275,000 - $400,000 price range; constructed s~ for
individual buyers; controlled all contracts and financing for
buyers; supervised construction.
CUSTOM BOMB, DESIGNER/BUILDBR 1982-1984
Wellington
West Pal. Beach, Florida
Developed, supervised and controlled all site work and
construction of 93 Patio Hoaes and TowDh~. in the $95,000-
$$110,000 price range: controlled all contracts for sub-
contractors and buyers.
VICE PRESIDElft/COORDlMATOR 1982-1984
Boca Raton, ~lorida
~ontrolled/owned 30% interest of a 40,000 square foot office
-"
:>,\-.
building -and a 24,000 square foot strip store center.
CUSTOM HOME, DESIGNER/BUILDER 1979-1982
Waterside and parks ide Developments
Boca Raton, Florida
constr~cted and assisted in design and planning for all of
the amenities, sales models, offices and recreation
buildir..gs; assisted developer in overall project planning,
site work and unit design.
CUSTOM HOME, DESIGNER/BUILDER 1979-1982
Boca Del Mar Country Club and
Tropic Isle Developments
Delray Beach, Florida
Designed and constructed 30 homes and duplexes.
OWNER/BUILDER 1974-1979
Clear Pool Company
Boca Raton, Florida
Owner/Builder of swimming pools, as well as aaintenance and
operation of same for individual homes and c~ercial
establishaents.
PROJECT MANAGER 1969-1974
Four Seasons
Franklin Park, Illinois
On site improvements; oversaw all construction and scheduling
for both commercial projects and custom hoaes.
PRIOR EXPERIENCE: Employed in various phases of the building
industry in the Chicago area.
Overall: Union journeyaan carpenter. Supervisor of works
for major office building construction. Marketing prograas
for developaent boae sales. Condoainiua developaent and
sales. Job costing, SCheduling and overall construction,
financing and cuatoaer relations.
,"
<?=-=~ ~ I'L!1J
CITY OF DELRAY BEACH /u L -
BOARD MEMBER APPLICATION
NAME N~
33'f<fi ~~
~
tf~(p<' 5~*,; f 61 if d viffb F( . 33'frs-
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ~5- ( t6'b BUSINESS PHONE 2?(, -{ 'f 73
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING . bw o~ Atf~
c z.=- {~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
/V (If
EDUCATIONAL QUALIFICATIONS A.s. jvrn - flvI2<cJA sr~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
ChL 6Lf~ If 54
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
jkUA- ~~~~'f f- ~(, , ~.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~~ ~dc./l.. ~ ,-. ., ~
{;uA:;7"'tJIM. 30~' 1/4Jft<; {;
~~~.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
vJ~ I 0 I z z.--( 1 0
SIGNATURE DATE
4/90
;I~ '.,1
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
3 J c,t~
PRINGIPAt BHSINESS hDBRESS (gt~eet. City, Zip GOd~)
HOME PHONE J-fo 1- ,~ 7:}.- / ifrS f BtfSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~< ~-fl1((!-
EDUCATIONAL QUALI CATIONS _ . '.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
~'c -4 6 - ~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~, eduv 1;( /1 f'1J
SIGNATURE D,(TE
4/90
.111
i'1Y RESUME
Proprietor of a printing business in the fimamcial istrict in
New York City for 25 years.
Member of the American Red Cross during World War I I : Ambulance
Attendant~ Fund Raising~ Caring for the Blind~ Wounded and
Handicapped~ Contact person between commander overses and
family problems at home. Highly confidential.
Air Warden Sector-Commander durinq World War I I . Bomb Reconnai-
sance~ Trained for a possible Chemical Attack~
Organized the Century Villaqe AARP. West Palm Beach President
for t"JO terms.
Elected to the National Conference AARP in Atlanta. and to the
San Diego Conference the followina year.
Represented the AARP at a Congressional Hearing at City Hall.
Miami~ Florida in 1976 re: Abuses in the Nursinq Homes. Meet-
ing chaired by Senator Lawton Chiles and Congressman Claude
Pepper.
1972-Chairman of the Palm Beach Senior Citizens Council.
1973-Chairman-Palm Beach County Senior Citizens Planninq Council
1975-Participated in the Swine Flue Epidemic Prevention spons-
ored by the County Health Department.
1975-Appointed by County Commissione Lake Lytal to the State Div-
ision of Aging, HRS Region 9, includes Martin, St. Lucie,
Indian River and Okeechobee Counties. Chairman for 3 terms.
Chairman of an Ad Hoc Committee to erect five Senior Citizens
Centers in Region 9. During my tenure as Chairman our dreams
came true. Lake Worth was the first, then North Palm Beach,
Martin, St. Lucie and Indian River Counties.
1977-Moved to nelray Beach. In printing business for six years.
1981-President of the Delray Beach Chapterr 2036.
1981"':'Appointed by Governor Bob Graham to the 1981 Conference on
Aging.
1981-82-83-Elected to the Silvered Haired Legislation.
Organized the first Democratic Club in the City of Delray Beach.
Organized the Government Give-Away cheese program.
Organized the Loggerhead Club of South County.
Organized the Human Relations Committee of Delray Beach.
Served on the Civil Service Board.
1980 Appointed to the Code Enforcement Board-Vice Chairman 1990. -
Resource person to the first School of Gerontoloqy in the Col-
lege of the City of Boca Raton.
1986-Chairman of the Advocacy and Legislation Committee of Alzhe-
imer's Disease. Responsible for an award of $300,000. and a
grant of $10,000 from United Way of West Palm Beach.
Volunteer assistant t.ac~r in the Graphic Arts Department at
Atlantic High School.
1109-Chosen finalist in the National Senior Volunteer ptogram
(NSVP)
1990-Volunteer for the Police Department in Delray Beach.
1990-Volunteer at the Clerk's office in South County.
-"
CITY OF DELRAY BEACH file- !ljdo/9O
BOARD MEMBER APPLICATION
NAME Richard L. Raab
50 Palm Square, Delray Beach, FL 33483
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Same as above
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 272-7280 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Community Redevelopment
Agency ~ c.E-C>
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS Seattle University - 2 years
Ohio State University - 2 years
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida State Real Estate License
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION President.
MTR Development CO.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Developed 7.7 acres, ocean to Intracoastal. Built $1 million plus
single residences 1979-1982. Live in downtown Delray Beach. Eager
to serve in the continued improvement of the entire downtown area.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~ 11/20/90
SIGNATURE DATE
4/90
".
RES U r.1 E
RICHARD L RAAB
To transfer my expertise in marketing and building
shelter into profit for my associates and myself.
50 PALM SQUARE, DELRAY BEACH,FLORIDA 33444
EXPERIENCE (305) 272 7280
June, 79 - present ~ I ~ Development Co., Delray Beach, Fl. President, founder
and sole stockholder. Acquired 7.7 acres of ocean to Intracoastal property at
north end of Highland Beach through joint venture to develop and build 18 homes
(all priced over $1 million each) plus a 3-story amenities building with marina
and clay tennis courts. Refer to Ft. Lauderdale News Real Estate Editor Glenn
Hoffer's stories for edification.
Nov, 78 - June 79 Wesley Development Co., Delray Beach, Fl. Director of Sales
for 30 unit oceanfront condominium priced over $200,000 each. Refer to Ft.
Lauderdale News announcement.
May, 75 - June, 79 Ted Parker & Associates, Pompano Beach, Fl. Sales associate
in general real estare-and condominium sales.
July, 72 - April, 75 ERA Advertising, Ft. Lauderdale, Fl. President of house
advertising agency for-rums franchise groups in Florida and other parts of nation.
ERA folded when Lums' owner, John Y. Brown, moved his headquarters from Miami to
Louisville, Ky. and I chose not to relocate.
Jan, 71 - June, 72 Vic Maitland & Associates, Ft. Lauderdale, Fl. Account Executive
primarily specializing-in new buslness acquisitions. Supervised accounts I secured
and agency clients assigned to me. Last months spent traveling entire state of
Florida leasing syndicated advertising packages to banks, savings and loans and new
car dealers on an exclusive area basis.
Aug, 69 - Oct, 70 Marriott Inn, Columbis, Ohio Public Relations Director for new
170 unit motor inn with function rooms and restaurants with entertainment lounge.
1969 - 1970 KDI Instructional S~stems, Columbus, Ohio National Advertising Mgr.
of new multi-media educational f,rm which was owned by KDI Corp., Cincinnati based
conglomerate that withdrew financial backing before full complement of new
educational products were produced.
1959 - 1969 Barcroft Advertising! Public Relations Agency, Columbus, Ohio
Executive Vice President and co-owner of thirty seven year old local and regional
agency. First five years as account executive, last five years as executive vice
president and co-owner. Secured and serviced builder accounts, supermarket chain,
new car dealers, banks, savings and loans, national health spa, hotels (Sheraton),
motels, restaurants and night clubs. Barcroft Agency was selected the test market
affiliate of the Ruder & Finn Publicity Network.
COVER)
.,"
1957 - 1959 WTVN Television, Columbus, Ohio Account Executive for local Taft
Broadcasting station. Concentrated selling efforts on finding sponsors for long
term programs of one-half hour or more.
1952-1957 Ohio Bell Telephone Co. Columbus, Ohio Directory Representative. First
full time job after graduating from college. My sales records here were many--I sold
more yellow page advertising my first year than anyone had ever sold and went on to
top my own records in the succeeding years.
1950 - 1951 Electrolux of Columbus, Columbus, Ohio Vacuum cleaner salesman, part-time
during junior year in coTTege. When studies permitted, I placed amoung the top
15 salesmen in the four state Central Division which included approximately 1500
salesmen.
1948 - 1950 Seattle Post Intelligencer, Seattle, Washington Editorial department
part-time while in college. Started as copy boy, moved up to statistical reporter
gathering news items.
1946 - 1948 Q.~. Army Honorably discharged at rank of Sergeant at Ft. Lawton,
Seattle, Washington.
EDUCATION
1934 - 1946 Hamilton, Ohio public schools
1948 - 1950 Seattle University, Seattle, Washington
1950 - 1952 Ohio State University, Columbus, Ohio BS degree, Commerce
Florida State Real Estate License No. 0204466 expires 3/31/85 ~I
PERSONAL
~ ~~
Born 1927, Married years, 3 grown children, excellent health, 5'10" lbs.
REFERENCES
Wayne E. Puls, Pres & C.E.O. Ted Parker
Southern Florida Banks 2703 S.E. 14th St.
1217 E. Blue Heron Blvd. Pompano Beach, Fl.
Riviera Beach, Fl. Res. 941-1234
Ofc. 845-1000
Manley H. Thaler
Louis Y. Horton Attorney-at-Law
Mayor of Highland Beach 1300 N. Federal Hwy.
4521 S. Ocean Blvd. Boca Raton, Fl.
Highland Beach, Fl. Ofc. 368-4804
Res. 272-5262
Lex Mayers, President John L. Barcroft, Retired
16967 Hierba Drive
Palm Beach Creative Concepts San Diego, Ca.
2345 Okeechobee Blvd. Res. (AC 619) 451-1163
West Palm Beach, Fl.
Ofc. 684-9339
"
-
I
. ~\\).\"~U < CERTt!=ICATE OJ: RECOGNITION Q)ffi c t of tit r .tRau &.1 r
.<1tr ' -
..~C. ([it!,! of <Columbus
, ."--_.........1 i (l)~io
WHEREAS, for his expertise in advertisinl;j and public
rei ations for many Col um bus fi rrn s, and for h is efforts in
establishing the :<enley ?Iayers as a permanent summer
theatre, thus uplifting community culture and entertain-
ment; and
WHEREAS, for his spearheading the presentation of many
telecasts of our 9reat Ohio State University teams ana for his
professional efforts with WTVN-TV toward presentin9 a higher
.:al iber of tocal programm ing; ant
WHEREAS, for his distinguished service on the BoarJ of
iJirectors of the Hearing and Speech Center of Children's Hospital
and for his leadership in founding and serving as the first
President of the y's Men's Club of Central YMCA; and
WHEREAS, for h is contributions as a founder of the
Columbus Chapter of The National Academy of Television Arts
and Sciences, and for h is selfless devotion of time and talent
to a myriad of causes in Columbus, the State of Ohio and
the Nation:
NOW, THEREFORE, I, tv'\. E. Sensenbrenner, Mayor of tt-Ie
City of Columbus, Ohio, do hereby award this Certificate of
Recognition to
ilR I CHA~ u L. t\AAB
IN W ITNESS V!H~RF..OF I have
hereunto set my hand and caused
the Great Seal of the City of
Columbus, Ohio, to be hereto
affixed th is 27th day of May, 1971.
0
Mayor of the City of Columbus
:.
."
CITY OF DELRAY BEACH
- BOARD MEMBER APPLICATION
..- WArS)<"Y
-.:;, /1 /'I i.... 1:'" '/
. /
NAME
7D9C /1./ W ~~ /) j/C DELl<?AY 13 c7f'C/~ ~ 33~-
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) I
/3Di IV 0JN~ESS /tJ/F 8?J Y r/-raiJ 13mcl.( FZ: 53 '7'26
PRINCIPLE BUSINESS STREET ADDRESS, CITY-, /ZIP
.
:<. 7 g>-OD 9S 73dJ-/6~ <0.
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU PL4P//V'l~O:-"~ 2~;J/;I'/G.
,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) i-) 0 ~.19 ~ R E'~/9'r/(f)r""r; C' H/? I-R~/P-r/.
,
EDUCATIONAL QUALIFICATIONS Sr. :rD H~..J""I/;...II)/' ER ~ )J~y~
"vIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
R L=:Jl L L~S'77:!1-L~_~ N /).s D - L v.r c -
.. r
--.---
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION /fI C?C.l:J "~/,,-;r ;'Xc((:frrY~
_ !1 n- t1 C) j!. EJ ~ ( ~ 14' IV .-!- IV of (/ Ii? /fl /VC F ~ .a.~ /'? /V / ~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE en
THIS-."B-0_ARD.Y8~H'E 0 /7 S' W/l~ H/7/vl16-crr-c''''" ;B.~~~z.,;J /7E77/$~
- F'z:s?fL \.l9,e..J- AI /2 c.:-c:> ~ f'/ :i 13 b4 R tD 0 /"-" . ~,I'r~ I' s~ ./ cRs "
(/c 0 (oJ c" c. " l? c::' .J / ~~ P .I!~ ~ ~ (0/ t' 1'- 6-0 ~ r"" '.?
V/Lj? ~~c: //'0./ IVV/1e>X!oUs cS>C::'c::?~.sl'c{.../J' /('--~4../''?''.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. I J /10'; '7/ro ~
~~
---- A TEL.------
i
J
'" .._.__.~
CITY OF DELRAY BEACH t&z . ? /023/;.:}
BOARD MEMBER APPLICATION
NAME Richard L. Eckerle
382 S.W. 27th Avenue, Delray Beach, FL 33445
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
retired
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 278-2328 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Site plan review board (rEf; ~oav-d (i}.k Ad0 0~ft~('V\.:\ .
./ -
- '
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY ;:
SERVED (Please include dates)
CAB, alternate member from 11-17-87 to 7-25-89; regular member 7-25-89 to 8-25-91
EDUCATIONAL QUALIFICATIONS
George Washington Iniversity, Business Administration 4 years - 1951 ' '.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. &~D POSITION
W.R. Bonsal Co. (cement products) 1951-1984, sales and marketing director
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
With Bonsal company, I was responsible for promoting their
products to distributors, general contractors. architects and engineers;~ served ..
on Community Appearance Board from November 17, 1989 until current time
PLEASE ATTACH A BRIEF RESUME.
.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, A.~D I AGREE A.~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~'J.~Jl f. ~ ~.--t.~ ~? / 9- 5' cJ
SIGNATURE DATE J
t.../Q()
'"
.
Education:
College: University of Cincinnati 1939-1940
George Washington University 1938-1939
George Washington University 1947-1951
plus special seminars on cement speciality
products and finishes over 33 years, I was
with W.R. Bonsal Co.
Military:
U.S. Army - Counter Intelligence Corp
1942-1945
-
-
- '
Professional Experience:
Family business until November 1946, at which :
time I returned to college to finish my ed-
ucation
Sales and marketing to the construction
industry with W.R. Bonsal 1951-1984;
Bonsal Co. (1) mines sand and gravel . -
(2) manufactures cement speciality
products such as tile cements and grouts,
stucco finishes, waterproofing cements,
asphalt mixes, bonding mixes for cements,
concrete mixes, etc.
Community Involvement~
Lived in South Florida since 1955
1. Served on Town Council, Hollywood Ridge
Farms, Broward County for 4 years (now part
of Pembroke Park)
2. Vice-President of Ives Estates Civic
Association, Dade County
3. Elected to Broward County Committee .
(Rep.) 4 years
4. Elected to Dade County Committee (Rep.)
. and served as Chairman of membership committee
until I moved to Delray Beach in 1979.
5. Served on Palm Beach Republican County
Committee 2 years
(Continued, next page)
~
(6) In the Wood lake Community. member of Board
of Directors of Homeowners Association. 4 years;
President 1 year
(7) Current President of Men's Club. last 2 years
(8) Member of PROD (Progressive Residents of
Delray) since the group was organized. currently
Vice President
(9) In Broward County. served 2 years on Committee
of Quality Education. appointed by the School
Board to study their total education system. committee
made up of 65 community leaders from geographic areas
(10) Served on Visions 2000 Committee and worked with .
-
Decade of Excellence Bond Promotion - .
I have enjoyed being a member of the Community Appearance Board the =
past 3 years (I have missed only 1 meeting in the past 2 years - I
took a vacation).
I visit and study all location on the agenda before the meetings.
I also attend City Commission meetings. which keep me informed of the ,
policies and wishes of the City Commission.
.
.
,~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Sld.V\e~ s. So \ ~W~
NAME
1 &~~ 1\\..0.), \~ <;1-. C~JoS" 'Det~-:e~ tJ ~c.r~.r
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESI NCE)
N~
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
~1~- Iii?>> .s~L
HOME PHONE BUSINESS PHONE
ON WHA~RDS ARE YOU I1ERE~ED 'M~SERV.fNG ~~~~V\, u-'Ut )..Cl~L"1
~~ ,...- '"?>(', CU} () ~ It-S w.....e C
YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
\-a.-e~~ C~M~' ~e'~ ~ Q~t\
'" \ ~ CV\ ~ a~ - \ _
EDUCATIONAL QUALIFICATIONS ');~V"'- dc.t~~(
-
-----_.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
____~~M ~
--..---
GIVE YOUR PRESE~T, ~MOST RECENT EMPLOYER, AND POSITION
So.\Cr e,\M.~~~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. '-l1 ~ 0..... ~ )o.W\~~,\ .,.. )..0 v-.~~ bo~.
-
-- -
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. /1/3/90 ~~
~T~
_.- _j.J~_______
DATE
."
CITY OF DELRAY BEACH ~ \),.-<:\0
BOARD MEMBER APPLICATION ~~ ~
. V f.L1/2/
NAME 4Jrl-\oPL/
I J)eLI8fl-
d. 9/S:'C " N.uJ. J,/"!1 J i . J-;rc h ~L. J J 'I 1/ ,j-"
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESI ENCE)
{!r L- It'" P .iJ
PRINCIPAL BUSINESS ADDRES (Street, City, Zip Code)
HOME PHONE [J/ 07) 01 ?.l.J O~-J.. BUSINESS PHONE --
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING fSt)r,t-1) ()f M -- -'
~.(" / rHPII 1...
CE(.})
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
l3o~~~ o ~ Ad.J L/ rJ YnC""J? i ~ C-u '('(fp fll./ --
/
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
/UoJJl - R-s,./ It' - '(' e LII--teo... fa - I3d. 0 f. fl-d.~.J~7?~~
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION (j";::'AJ. lJ0Jr,.,A.RT
JJ a r-e-bt 1At, 1, AJ c/'- - #,sJ9 GLA). IIdJ'4 r k y / ~ .0 "Db e,y+u ..J.-'
. C4SUAI...+-rc C/A/A-if J, I
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WH CH QUALIFY YOU TO SERVE ON THIS
BOARD ~ J AJ' 19/>11) S J!/liJ R-J it.. fey fA ~J 1;.; /AJfU ttI/PCyf' (~bpe...fr
04..a ) J f rlJ P.
~ LtAbiOL;t'f t!.. /11 I ~ ,,:f- e IJ e,""1 }.) ~ t u r f?' - ~/~..f ;.- ~
, ~ "tQJ I I J, frJ
~ ~ u. r '( t 1.If- Bd. &.F /WIt, bolA 4.( Av A.L/~~.vA/~ -I'- re'i''1h1J' N~,III~P","o
t?
PLEASE ATTACH A BRIEF RESUME. /fhAv K !f~
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/;2~R{a ~~
/P - /170
DATE
4/90
".
9/8/87 To: City Ca i.ssioners Interested in . lard of hijustment appoinblBtt.
City Cl . ------
. . 9/f/f7 @
Attn: James Pennington, City Manager
City of Delray Beach, Fla.
RESUME
.
NAME: Anthony Veltri
ADDRESS: 2915 C m'l 12 St. Delray Beach, Fla. 33445 Phone: 272-0252
Edu,cation: High School plus courses in Business Admin. and
Labor Management, Columbia Uni v. , N.Y.
Career: 28~ years in General Adjustment Bureau - last ten years
as Executive General Adjuster, NYC, handling all types
of insurance claims (property and casualty)
Community Service: Kiwanis Club, Lions Club in Baldwin, N.Y.
Served on Coconut Creek City Council as Councilman
for three years and Vice Mayor one year.
While on Coconut Creek Council, appointed applicants
. b d including Board of Adjustment.
to varlOUS oaf,s
Helped to plan shopping plaza and zoning in Coconut
Creek to accomodate citizens within zoning regulations.
Annexed land to City of Coconut Creek. Instrumental
in getting more serviceable roads in the city (extension
of Atlantic Blvd. and new access road to Broward Community
College.
Served as president of association at Wynmoor Village
four years and Director of Master Assoc. (Rainberry Bay
for two years.
Personal References:
Mr. Sidney Gelfand, 3105 NW 15 St, Delray Beach
Mrs. Christine Coble(former Mayor and present Councilwo man
243 Sunshine Drive, Coconut Creek, Fla. 33066
'"
." .-.-
......., ,
.. .".
r
~~
CITY OF DELRAY BEACH
J1~ A c:..-L BOARD MEMBER APPLICATION
- - J. (J~AJv/
NAME
~s1 S. 3) iff?
A-v~ ~
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC )
;'10 tlL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) tI otlL
HOME PHONE fo 1-);} g -1' -s1 V BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
t> e. 0 A ) C5 r.:. ; f e 1'\ ';, ; ~ l\ it) I) d
(3<2r,rr~\~ ' td. f:)r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS ~) L-VE-tf- (;LA D uA -rL -
B .). 0-/ &.f/}/ESJ A-v }1/ HJfTUn70H - !1AJ 0 f- I H
~uHT7l1G- .
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
Lu=nFI"-Q PVBWL AccJJ<Jr:!Tfyl,--<NE:JWi I I
GI E YOUR PRESENT, OR M~ RECENT EMPLOYER, AND POSITION -PAf:--n1
('>5 Co M ~H UJ1.IG--5-ro1l !f~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD A-t-H 0 Sl .:r; '! f:-A f?-S 0 F- f u B l-{ C- A-uo () t-ITTJ/6-
111 f1 A~i Af--E-A--S oF- I ND UfIT.-y. (t{ ~NTlorl
I WAS WA)~AN oF- ~ &'M..D oF- ~.JtJST11EH-r-
PLEASJ tf.nfcH' ~%tfJ.E.J.j --.I ~E-,/ Fo~ 5 cJf.tAL 'I f..AU
T~ 15" en-!1 uC-/t- {-;; Pw.JJ
I HERE Y CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ ()~ I /qqo
DATE
4/90
.,"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME I5f/?/c KI<Ut5-E~
? ~/=: I~ S'T OLT{,/ZrIY Gel/' 33'/V,/
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
7 Yl3 /~ 57: P;:SL/&1-Y 8eIT: "?:5VVY
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ;<. U ~ - Lf 9' <g-3 BUSINESS PHONE ~ us-=- V 9-P 3
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING C P PC=- ~:,vr"t:!7/ZC6~/:5>(./ r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY,SERVING OR HAVE PREVIOUSLY =
SERVED (Please include dates)
CtfJPE fiYrc:J;eGC,/ijG~
EDUCATIONAL QUALIFICATIONS GO/! 8c/SIPES5 40/3?'/V.
5"6~/~A7x..5 ;(/~ /#5r- ' '.
/6)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
"
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION jO~l'-~~t)~~~
/3~L L ;<"e...//c;:-r3/( I 2,6JL//vd- ~LJPSt::/t.-~A/~P~ tPt.4"t/L//i;
I /
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
/d/t///t..,t/bb /.t./ /),6'VE"U7/~G~ LffIP" e~t!Y..: t:-..u/--. ~~,e..6
L# CLJ///~ - /..l/vPLt/pt> 1# ~/IIl/t9- AS' ~~Pt-7?9,,(fr-
J'!l/J/ /) ;? t..-/1A/ A/ I::: ~ Fd/l<. / c:? Y ~ s .
PLEASE ATTACH A BRIEF RESUME.
.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/0~/9'.?'
/ATE
4/90
"
~? = ~~ "?--.... .':. .: ~~::.., =:: -.I'
-..' ~ ... - j
3.: ~';?"D ~ :::~;::?. .:..E p' ~::: .=...~:-.:: C~:
~A.'1E ~!:'c:~.= g.. :=-etz~~
-- ---------- ~--_._-~--,.,-~--._--"~ -'-"~ - ---~,--
932 Evergreen Drive, Delray 3each, cL 33483
HO~E ..:wDRE.:::; (Street, Cicy, ::::';J C:;Ct' , ~E~A~ ~~5iDE~CE) .-
8601 Wesl: :"':'..L.'1ri,se ?"!.v-i., SecC):\d cloer', Plantation, :L ~3322
?:(I:~C I? .-;.L ~ _'S :~~::~: 5 ~'...2JD:\::.sS ~.__.~
;:;::'eE:C, ~it~" :::i~ :::;:;:ie)
HO:!E ?HO~E 407-276-6712 3CSgESS ?HO~.;E JC::i-4-;~-2724
O~ ~nAT BOARJS ARE YOU I~TE~~STED I~ SERV~~G Dlanning and Zoning 30nrn
. C~B
LIST ALL CITY BOARDS O~ wnICH YOU ARE CVRRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Ci ty Civil Service Board, ~Tilton ~1anors, r:'L (1973) and Broward County ulannina
Council .(1976)
EDUCATIONAL QUAL l nCATIONS 9. S. in Mechanical ~ngineering, University of
-,
,
't'ennessee, 1967
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS &~D LICE~SES WHICH YOU HOLD
Registered Protessional Engineer-States of =lorida an~ Georqia
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION District Engineer,
Southern Bell Telephone
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD (lQ7]-1979), Rroward
, Served as ~ity Councilman in the City of Wilton Manors
County, 'Florida
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY ~ISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I ~~Y RECEIVE.
0;J 6. dL- ~ J~ I~/'IO
August 20, 1990
SIGNATURE DATE
4/90
- --- --- ---
',"
RESD1B
Name: Fred B. Fetzer" P.E.
Address: 932 Evergreen Drive
Delray Beach, Fl. 33483
305-492-3225 (Office)/407-276-6712 (Home) .
Phone:
Personal Data: Married with two children, ages 14 and 18.
Spouse is employed as ,an Assistant Principal-
. Palm Beach County Schcx>l System.
Education: B.S. in Mechanical Engineering - University of
Tennessee (' 67)
Professional Licenses: Registered Professional Engineer in
States of Florida and Georgia
Professional Organizations: ~!ember of National Society of
Professional Engineers and the
Florida Engineering Society
f
ComIlI.1ni ty Involvement: Presently First Vice Chairman of the
Board of Directors of Tropical Telco
Federal Creeli t 'L"nic.n and C'".air;r.an of t.he
Financial Services Committee. Former
City Commissioner for City of Wilton
- , Manors, FL (6 years). President of the
City Council for two separate one year
terms. Former member of the Board of
Directors of Wilton Manors Kiwanis Club
and the Fort Lauderdale Jaycees.
Appointed by the Broward County
:: GaraIli.ssion to serve on the Broward
County Planning Council for a
one year term.
, -
- Work Experierice:
.
Southern Bell Telephone & Telegraph Company
Net credited Service Date - Julv 6, 1970
.
May, 1989 - Present Operations Manager - Sector Budget/
Engineering/PLRMS (PG6)
Directs the administration and management of the Network Capi tal
and Expense Budgets for the State of Florida ($695.M Capital and
$54O.M Expense for 1989). Supervises the South Sector (Florida)
Engineering Staff including Loop Electronics Deployment, OPS
project revie"" lATA planning and ne", technology. Directs the
operation of the Plant Location Records Management Systems
(PLRMS) and the deployment of \brk Print Generation (WPG) for
the South Sector. This is a statewide staff organization wi th
220 employees (10 employees directly reporting to me).
"
- - --~.__.- -- - -
- 2 -
February, 1987 - May, 1989 Operations ~1anager -
Florida Network Support (PGG)
Directed ~~e operations of the Mini-Gomputer Maintenance and
Operaticns Centers (r-MJC) in Ft. Lauderdale, Jacksonville and
Miami . Supervised the Facility Maintenance Administration
Center (~'1AC), Network Management/Network Service Center
(NM:/NSC), AMA Control Ce:1ter, COSM)S Data Base Management:.
group, C"~, User Management Group (UM:;) and the Network
Control Office. This was a statewide line organization with 250
a~loyees (9 direct reports).
March, l.992 - February, 1987 District ~gineer (North Dade,
Palm Springs & Hialeah Districts)
(PG6) -
- .
~. Resoonsi~le for manaaement of the Outside Plant Enaineerina & ,....,
~ Assic;mmem. District for t...e northern FQr<:ion. of Dade Cotmty, ::
Florida. Directed subordinate OSP Facility work groups and OSP
f Supper<: groups in provision of OSP facilities, OSP engineering
( , design, transmission, Long Range OSP Planning and current
, planning. Also, directed the operation of the District
~1 Assianment Office. Coordinated the consolidation of 3 OSP
.'
f- : Engineering & Assignment Districts into the new North Dade
~~... :
r~ District. This was a line organization with an average of
.100-120 auployees {7-3 dirQC~ reports).
I. " District Staff Manager-
~, September, 1979 - March, 1982
I Distribution (PG6)
.'
Engineering, Southern Bell
Headquarters. Atlanta, Ga . ,
Responsible for the administration of t.~e ~ Construction
Program :or all Southern Bell (Florida, Georgia, North and South
carolina) . This was a Headquarters Staff position that includ~
budget a."1alysis, mechanization of the OSP budget process and
results analysis. This position provided support to the
Executive Vice President - Network in administering the Southern
Bell Construction Program. This was a staff position with 15
employees in the group (ten direct reports). .
"
July, 1977 - September, 1979 Ma~ger-Ehgineering (PG5)
. Boca. Raton District
','
April, :'373 - July, 1977 Supervising Engineer (PGS)
Planation District
Supervised Outside Plant Facility Engineering groups in ~wo
Southeast Flo;::-i":-:. District-s. Res?Qnsibilities included
provisic~ oi OS? facili~ies, OS? engineeri~g cesiqn,
transmission, Long Range OSP Planning, ~d current planning.
These were line OSP engineering positions with average of 15 to
20 ~~l~fee~ (lJ to 12 cirect reports).
'"
--------------------.-- --~---- - .-.- -
-3-
July, 1970 - April,1973 Engineer ( PG3 )
Responsible for design and administration of Outside Plant
facilities for a geographic area which included a large portion
of Western Broward County. These responsibilities included
provision of OSP facilities, engineering design, t=ansmission,
and current planning. I had no suOOrdinates in t::is position.
Martin Marietta Corporation, Orlando, Florida
-
July, 1967 - June, 1970 Engineer, Therrrodynamics Section -
- .
Responsible for design e~ineering on missile systems through
U . S. Government defense contracts. I was involved in the SPRINr =
(AEM), Pershing and SFIM-D defense system projeCts. My
responsibilities included missile ablative heat shield design
and testing and heat transfer analysis of electronic equipment
and COu~ents. r.1y work involved analytical design utilizing
ccmputer analysis and technical writing. I had no subordinates
in this position. ,
.;::)t.'--- '.'__1. ""-' _"-_-1 ~--r': ----.
V &.11::.1. ,1"-'...." .t\C~a.'-~ Co&A.t-A= ~c&.&."-c;
In addition to T.trf other assignments at Southern Bell, I also
was involved in the following additional work related areas:
I
1974-1979 Speakers Bureau, Ft. Lauderdale, FL
1976-1977 Assessor in the Engineering Selection Program,
Ft. Lauderdale, FL
1978-1979 Instructor (part-time) at Executive Park Learning
Center, Atlanta, Ga.
1986 Assessor in the Middle Hanagement Assessment
Program (M1AP), Atlanta, Ga.
"
.
'"
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
PAUL RICHARD BRAUTIGAN
---- --.---.- ------
NAME
2877 S.W. 2nd Street, Delray Beach, Florida 33445
.------
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
80 Depot Avenue, Delray Beach, Florida 33444
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
._-- -_._-----
(407) 243-7944 (407) 272-9086
---------
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housing Authority,
Historic Preservation, CAB ~ C~____________ ----
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
----------
EDUCATIONAL QUALIFICATIONS R. SCI..a.-in....Architprtllr,q 1 StlJ,di.e.s.Jla,-.A&M lJniversili-
--B_ -A.r~h i rpr rUl::e..r- Allhl1rn TTn; vprRit.y. _._--_. -------------_.- ------
------- -_._- - _._--
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~eg:rstered Archl. tee f -/TIoncfa:-;--cer~rrreaBul.ld l.ng -urIi:car-- ------ -- - - -- -----
----_._---- .- -----------
GIVE YOUR PRESENJ, OR MOST ~~8~Nl ~~8fJk\' ~ Pp;~TION _______
President, Archl.tect, Owner, R S,.
-- . - - - - --_._-------
........ r-- -_.-- ,._~"---- -.-~- . =-- - -
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD.
Experience lLrlJ76W-,ncome Housing, Hl.storic ~reservatl.on,~s1d~rtt of So~~~da 38 years
--------- --------
--- -_._------
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
REC IVE. I alq 0
7/90 v<1M1l.-
~
---------_.- - ---------------- _~1 ~ J~i - - - --- - ---- --- - -
DATE
'1~
..
-.,. Ml'!,iv. ;
__'~____'__ __ ___ ______ '_____n___ _._~----,-_._---- "---'-'~~--~--_. .=-~-GAS
----'-------
-
Group
= Mchltectlire
- South
-
About Paul Richard Brautigan------------- Inc.
P. Richard BmutJgan
With 20 experience in Southern Florida, Architect
over years Mr.
Brautigan has been in private practice over 4 yea r s in
Delray Beach. Holding Architecture degrees from Florida A&M
University and Auburn University, Mr. Brautigan has designed
over 4,000 housing units and buildings as tall as 36
stories.
A native of Ft. Lauderdale, Mr. Brautigan brings his
philosophy to bear that buildings should be sensible as well
as belong to the site they occupy.
Having designed an extraordinary amount of diverse building
types from a native 'Cracker House' to the highly acclaimed
Saint Demetrios G r ee k Church in Ft. Lauderdale to the
wonderful Gold Coast Railroad Theme Park at Metro Zoo.
Currently, Mr. Brautigan has purchased the historic Seaboard
Air Line Railroad Station in Delray Beach and has started
the restoration of the building for the relocation of his
firm, Group Architecture South, Inc.
Group Architecture South, Inc. was founded in Delray Beach
in 1983 by Mr. Brautigan and currently maintains a staff of
2 architects, 4 technical support personnel, 1 field
manager, 2 interior designers and 2 clerical supports.
The reputation of Group Architecture South, Inc. has been
built on the highly creative Architecture of Mr. Brautigan
coupled with the technical clarity and technical
completeness of the firms Construction Documents.
Mr. Brautigan was selected as Architect for the personal
houses of such notables as Edward Ledd er , Chairman of the
Board of Abbott Laboratories: Warren Thomson, an
internationally known Wall Street trademark attorney: J.
Allen Jones, former corporate counsel of Eastman Kodak:
Colonel Robert Conlin of NASA, Jack Gaines and Nathan Architecture
Miller, prominent South Florida Developers: Jerry Baxter, Land Planning
President of Corporate Design Interiors. Graphic Desl~n
Mode 8
Go1 f Course
As Frank Lloyd Wright so aptly stated, "Give back the sloganArchttecture
'a good copy is better than a poor original' - to those
whose desire for success out-measured their capacity to
perform and who framed it in self defense." f
\ close examination of Mr. Brautigan'sarchitecture reflects--
;he originality, principles and truths of which Mr. wright-
spoke. 10'l East Unton Bh'd.
Suite 202-A
Derm). Beach. F1. 33444
(305) 272-9086
."
". '-'I'
- -[---- IJL II .
. "---- ----- ----_.,._.~---~~-- ---"-'-- .._---- -- __(;AS
---- ~
~~-_..-
~ =-=:- Gt-gUP
~ =Mdiltecttire
. - -'-South
- --- ----_._~~
Inc.
P. R chard BmuUgan
Client List demonstrates the unique and Architect
The fo~lowin~
diverse type:3 of individuals, developers, etc. who found
Group Architectuie South, Inc.
Nathan Miller - Developer Personal House
Jack Gaines - Developer Personal House
The Babcock Co - Developers Cloverbend
Versatile Investment Properties -Developers Windwood
Restaurant - Delray Beach Po Folks
Lennar Homes - Developers Boca Chase
Diamond Equities - Developers Diamond Plaza
Gold Coast Railroad Museum Theme Park
Greek Orthodox Community of Broward County Church
Edward Ledder - Chairman,Abbott Laboratories Personal House
Warren Thomson - Trademark Attorney personal House
J. Allen Jones - Attorney,Eastman Kodak Personal House
Whitehill Developers Hampton Club
Steven Whitehill - Developer Personal House
Henry Whitehill - Developer personal House
Hobe Sound Associates - Developers Hobe Sound Golf Club
Holiday Inns of America Hotel - Maimi
Jerry Baxter-Pres.,Corporate Design Int. Personal House
Richard Bagdasarian - Attorney Personal House
Castle Lake Corporation Apartments - Akron, Ohio
Kissimmee Station - Kissimmee, Fl. Railroad Station Rehab.
Louis Vitale - ~ttorneY/Former Judge Personal House
Architecture
Lind Planning
Graphic De81~n
Mode 8
Golf Course
Architecture
{
.,
( --.
~---
-.--
IlHfEii.;.mnton Bh'd.
---stIlle 202-A
TIeTiifBiiCJ1; n 33444
-----r.J.m 272-90H6
."
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Ronald J. Rickert, II
9109 e S.W. 21st Street.Boca Raton. Florida 33428
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
25 Seabreeze Avenue, Delray Beach. Florida 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (407) 4888936 BUSINESS PHONE (407) 2764951
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING~(1) Historical Preservation
Board (2) Site Plan Review and Appearance Board
( 3\J Planning and Zoninq Board . L F ~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATION~ see resume .
1c9.l q 0 C r eCel V e...d 1\ r ch" \ teet L\ Ge I"\Sd qiqO )-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Will receive Florida state Architectural r.icpn~p ~pprpmhpr 1990
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Currie Schneider Associates - Project ArchitP-ct/Mnnnqpr
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD t' f I have experienced and endured many
As a na 1ve loridian,
events which make florida a unique place to live. In addition,
I feel obligated to serve the public as a consultant to provide
an opportunity to experience the best built environment florida
PLEASE ATTACH A BRIEF RESUME. has to offer.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
, 8'~.5' 9()
DATE
4/90
,'"
.
RONALD J. RICKERT, II
CAREER OBJECTIVE Desire a challenging. upwardly mobile position with an architectural firm as a
designer/project manager that will utilize a diversified work and educational hlsrory
while incorporating a commitment to excellence.
PROFESSIONAL . Ability to organize. detail and complete a full set of working draWings
STRENGTHS · Dedicated to profession
. Versatile experience in building/design
. Capable of running Autocadd
EDUCATION
1984-1987 Bachelor of Architecture IS-year professional degree)
Florida A&M University; Tallahassee. Florida
1 981 .) 984 Associate of Arts In Architecture
Broward Community College; Fe. lauderdale. Florida
WORK EXPERIENCE
May J 986-August J 986 Quincy Johnson Associates Architects/Planners; Boca Raron, Florida
December '986 DRAFTSMAN/PROJECT MANAGER
Responsibilities included: lmplemennng design developmenr; developing working
drawings; assisting with site planninglvisltaOon; developing schematics; and aiding
in office operations as needed.
May 1985-August 1985 James M. Alford Trim Company; Boca Raton. Flonda
FINISH CARPENTER
Responsibilities included: Meeting with customers; organizing supp/ies/matenals;
providing detail finish work; and assisting with Jobs as needed
May 1984-August J 984 O'Conner Construction; Coral Springs. Florida
FINISH CARPENTER
Responsibilities included: Conferring with customer, assessing needs of a given Job
and implemenring a plan of action to complete such.
June J 983- January J 984 Woodworking Unlimited; Ft. lauderdale, Florida
DETAllER/DRAFTSMAN (A.W.1. Certified)
Responsibilities included: Producing working draWings/schematics; and prOViding O[her
draftsman-oriented duties as needed.
ACHIEVEMENTS/ · Member of IDP/NCAR8 Inrern Development Program; February 1987
MEMBERSHIPS · Winning entry for a National AI.A. Scholarship lawarded on behalf of The Amencan
Institute of Architects; Washington, D.C.); September 1986
· Winning design for a logo competition at Flonda A&M UniverSity. School of
Architecture; March 1986
· Candidate for ALAS. President; April 1986
· Winning design In a sChool-Wide charrene InvolVing corporate archItects;
October 1985
· AI.A Scholarship (awarded on behaJf of the Flonda South Chapter A.IA);
February J 985
· ALAS Active Member; 1982-1986
· Won the louis Wolf Foundation Scholarship for Outstanding Architecture Student;
April J 983
· President ALAS. Chapter; J 982- J 983
· Dean's list. 1 semester
· Honor Roll, 4 semesters
PERSONAL DATA Date of Birth: July 29. 1963
Social Security Number: 399-80-2661
Marital Status: Health: Excellent
Inrerests: Airbrush art, photography. water skiing. biking, racquetball
References Available Upon Request
."
, ~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <if> - MEETING OF JANUARY 8, 1991
RECEIPT OF RECOMMENDATIONS AND DIRECTION REGARDING
TRUCK PARKING IN RESIDENTIAL ZONE DISTRICTS
DATE: January 4, 1991
The item before the Commission is a request for direction with
respect to text changes and the preparation of an ordinance for
first reading on the subject of truck parking in residential
zoning districts.
This item was last discussed by the Commission at the November
7th workshop meeting at which time it was remanded to both the
Planning and Zoning Board and the Neighborhoods Task Team for
further review and subsequent recommendations. Items of partic-
ular concern to be addressed had to do with the feasibility of
providing a waiver provision and the establishment of hardship
criteria if appropriate. The Commission also felt that a pro-
vision to allow the keeping of a church bus on church property
would be desirable.
The Planning and Zoning Board and the Neighborhoods Task Team
have now completed their review and their recommendations are set
forth in the accompanying backup material provided by the Plan-
ning Director. Also outlined in the backup are those items for
which direction is requested with respect to this issue.
Recommend that direction be provided regarding each of the
components of the subsequent text amendment, after which an
appropriate ordinance will be drafted for consideration on first
reading.
C I T Y COM MIS S ION DOCUMENTATION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
CQ~:JYo~
FROM: AVID . KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
RECEIPT OF RECOMMENDATIONS AND DIRECTION REGARDING TRUCK
PARKING IN RESIDENTIAL ZONE DISTRICTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
providinq direction with respect to text changes and the
preparation of an Ordinance for first reading regarding
the subject of truck parking in Residential Zone
Districts.
The Code Section which is involved is 4.6.13(B}, Page
4.6.49 of the LDRs.
BACKGROUND:
This item was previously before the City Commission with a
recommendation from the Planning and Zoning Board that truck parking
restrictions should be placed upon properties zoned R-1-A, and that
they apply to trucks of greater than one ton. The Board also
recommended that throughout the City there should be a limitation of
not more than two trucks, of any size, upon a parcel within
Residential Zone Districts.
The City Commission desired that consideration be given to
providing a waiver provision and that hardship criteria to be
delineated. The Commission also desired that a provision to exclude
the keeping of a church bus, on church property, be added to the
Code.
With the above direction, the item was remanded to the
Neighborhoods Task Team and the Planning and Zoning Board for
further consideration and recommendation.
'"
City Commission Documentation
Receipt of Recommendations and Direction Regarding Truck Parking
in Residential Zone Districts
Page 2
NEIGHBORHOODS TASK TEAM CONSIDERATION: The NTT recommended that
hardship be defined as follows:
In the R-l-A Zone District trucks with a rating capacity of
greater than one ton may be exempted from compliance when the
owner can demonstrate adequate parking space and screening of
the vehicle from his/her neighbor; and demonstrate that the use
of the truck in question is the primary source of income of an
individual within the household, and that another parking
facility is not available within the City limits.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 17th. After discussion of the NTT
recommendation, the Board on a 4-2 vote (Naron and Krall
dissenting, Parker absent) recommended:
that there not be a waiver provision but that the
ordinance be enforced in a reasonable manner, Le. phasing
in of the restriction pursuant to normal administrative
processes (general notice, specific notice, warnings,
citations).
RECOMMENDED ACTION:
By motion, provide direction regarding each of the components of
the subsequent Text Amendment. Thereafter, the City Attorney's
Office will draft an appropriate Ordinance for first reading.
Items which need direction are:
a) retaining the original recommendation of the Planning and
Zoning Board, i.e. to place truck parking restrictions in
the R-I-A Zone District and that they apply to trucks of
greater than one ton; and that in any Residential District
no more than two trucks may be parked on a parcel;
b) whether or not a waiver provision should be included and,
if so:
-- the criteria (see the NTT recommendation),
-- what body should consider the waiver?
city Commission Documentation
Receipt of Recommendations and Direction Regarding Truck Parking
in Residential Zone Districts
Page 3
-- what notice should be given (public hearing newspaper
advertisement, letter notice to adjacent property
owners, letter notice to homeowners association,
letter notice to property owners within a 500'
radius)?
c) to add a new subsection (6) to Section 4.6.13(A), which
exempts the keeping of a bus(ses) on church property.
Attachment:
* P&Z Staff Report & Documentation of December 17, 1990
DJK/leh
DJK/#75/CCTRUCK.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: DECEMBER 17, 1990
AGENDA ITEM: V.B. Recommendation Regarding Proposed LOR Text
Amendment Dealing with Truck Parking i~
Residential Zone Districts ~
ITEM BEFORE THE BOARD:
The item before the Board is that of reconsideration of the
matter of "hardship" and relief as it may be considered in
the proposed amendment dealing with new restrictions on
truck parking in che R-l-A zone district.
BACKGROUND:
This topic was before the Board previously when a recommendation
was forwarded to the City Commission to impose truck parking
restrictions in the R-1-A zone district in the same manner as
they are applied elsewhere except that trucks up to one ton, as
opposed to 3/4 ton, should be accommodated. The Board also
recommended that, Citywide, there be a restriction of no more
than two trucks allowed on a parcel. At that time, the Board did
not support provisions for relief.
At the city Commission hearing, concerns were raised about
hardships on individuals and the item was remanded to the
Neighborhoods Task Team and the Planning and Zoning Board for
comment on the hardship issue.
The Neighborhoods Task Team recommended that hardship be defined
and applied as follows:
Trucks with a rating capacity of greater than one ton may be
~A6L . exempt from compliance with the ordinance when the homeowner
~ can demonstrate adequate parking spaces and screening of the
vehicle from his/her neighbor; and demonstrate that the use
__ of the truck in question is the primary sources of income of
an individual within the household and that no other parking
. facility is available within the City limits.
(The above is from the NTTs first reconsideration and then
as modified following a discussion with some P&Z
Board members on December 6th.)
ALTERNATIVE ACTIONS:
The following courses of action are available to the Board:
1. Recommend that the position of the NTT, as amended above, be
- _. - . - -- -- - ~ - ~ _..:: .: - - - - - - - - - - "-,"" - ..... ...: --- .- - -.
P&Z Staff Report
Meeting of December 17, 1990
Recommendation Regarding Proposed LDR Text Amendment Dealing
with Truck Parking in Residential Zone Districts
Page 2
2. Recommend that there be no hardship provisions and that the
ordinance be enforced in a reasonable manner i.e. which
allows for some phasing in of the restriction pursuant to
normal administrative processes (general notice, specific
notice, warnings, citations).
3. Recommend that some other basis be for exceptions be made
(and so state the basis).
RECOMMENDED ACTION:
Action is to by motion. Since this is policy setting and
interpretation matter there is no recommendation from the
Director.
DJK/dlm
Attachments:
* Previous memos regarding comments and recommendations
on the proposed amendment. Please refer to the
previous staff reports for an analysis of the
underlying requirements (i.e. other than the hardship
issue) .
.. .
DJK/#74/PZTRUCK.TXT
V~ - <\~ \-.~ \-" t> ~ 3,4 \~.....
~ - me ~1.~l",?1 S~/},-~ ~~ .
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.
MEMORANDUM
TO: DAVID KOVACS - DIRECTOR, PLANNING & ZONING
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: TRUCK PARKING ORDINANCE
DATE: NOVEMBER 12, 1990
By consensus at the Commission workshop meeting on 11/7/90
regarding the truck ordinance, the Commission directed staff to
draft an ordinance that would provide for the inclusion of the
R1A zoning district into the truck ordinance as recommended by
the Neighborhoods Task Team and P & Z. Additionally, the draft
ordinance is to include proposed language to eliminate churches
that have their buses parked in their parking lots. P & Z is to
develop cri teria for hardship consideration for R1A zoning
districts that would fall under the purview of the City
Commission.
We brought this back before the Neighborhoods Task Team for their
consideration, and they have offered the following criteria for
Planning and Zoning's consideration:
1. Trucks with a rating capacity greater than 1 ton may be
exempt from compliance with the ordinance when the homeowner
can demonstrate adequate parking spaces and screening of the ,
vehicle from his/her neighbor; ~d-\f"_
2. Trucks with a rating capacity greater than 1 ton may be
exempt from compliance with the ordinance when the homeowner
can demonstrate the use of the truck in question is the sole
or primary source of income for the family and no~parking
facility is available within City limits. '~r~
The Neighborhoods Task Team did not think that the Commission
should give any consideration to the income of the household.
They recommend that the Commission hear each case individually
based on these specific criteria.
After P & Z' s formal consideration, the revised truck ordinance
will then be placed on the City Commission agenda for a new first
reading.
LB:DQ
JtCE1'VEll
~~:ckord. DK N9:i ~~ .
C\ ~NN~~G &. z.ON\NG
. .
MEMORANDUM
TO: RICHARD BAUER - CODE ENFORCEMENT ADMINISTRATOR
FROM: LULA BUTLER - DIRECTOR, CO~IUNITY IMPROVEMENT ~
SUBJECT: TRUCK ORDINANCE
DATE: OCTOBER 24, 1990
.
The Commission found it difficult to vote on the proposed
amendment to the truck ordinance. The item has been deferred to
the November 7th workshop meeting. The issue is the hardship
that we may be placing on business owners. Specifically, there
was a concern about an individual who may own an lS-wheeler and
that truck provides him with his only source of income. I think
they are leaning toward a hardship criteria and consideration of
allowing larger trucks with proper screening.
Additionally, the Commission has asked that we determine if there
are any commercial parking facilities close to Delray Beach that
we might refer such owenrs to for parking services. I do not
know of any, do you? Someone commented that there was one off
Military Trail in a County pocket almost at our City limit.
The Commission is also considering whether or not it would be
prudent to require that the next company that gets the bid for
towing in Oelray Beach also provide such parking facilities.
If you have any additional comments or suggestions that we can
present to the Commission on November 7th, please forward to me.
LB:OQ
0/7
TruckOrd.RB
..
.
.
October 5, 1990
.
MEMORANDUM
TO: DAVID KOVACS, DIRECTOR, PLANNING , ZONING
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: TRUCK ORDINANCB/NBIGHBORHooD TASK TEAM RECOMMENDATION
The proposed revised Truck Ordinance language governing R-IA
zoning districts was reviewed by the Neighborhood Task Team on
Thursday, October 4th. They have requested tha t P , Z consider
the following as possible amendments to the language that is
before them at your October 8th meeting:
For ~all R-IA districts, the truck rated capacity be
increased from 3/4 ton to one (1) ton, and
Consideration be provided for a "hardship determination"
within the ordinance. They further recommend that the
"hardship determinations" be heard by the City Commission
and that City staff be responsible for providing the
Commission with factual information to establish such
hardships.
I will be present at the Planning , Zoning Board meeting to
answer any questions the Board members may have regarding the
Neighborhood Task Team recommendations.
cc: Beverly Ish-Renick, Neighborhood Housing Specialist
Richard Bauer, Code Enforcement Administrator
B:TRUCK/DK/LG5
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl?'A
SUBJECT: AGENDA ITEM /I "Gl - MEETING OF JANUARY 8, 1991
CITY ATTORNEY'S EVALUATION
DATE: January 4, 1991
This item is before you pursuant to Mayoral direction at the November 27, 1990,
regular meeting of the City Commission. The procedure discussed at that time
was for each Commissioner to meet with the City Attorney on an individual basis
prior to the meeting at which the evaluation will be considered.
Mr. Kurtz was appointed to the position of City Attorney by the City Commission
on May 8, 1990.
'"
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUB;~CT: AGENDA ITEM # t:t1C - MEETING OF JANUARY 8, 1991
PROVISION OF WATER SERVICE - COUNTRY CLUB ACRES
DATE: January 4, 1991
The item before the Commission is a request for direction rela-
tive to a situation which has arisen in the Country Club Acres
area on Whatley and Jefferson Roads, which is a County enclave.
There are three (3) properties out there with contaminated wells
who are in need of water service. Some time ago, the City
entered into an agreement with Florida's DER to install water
service for these residents. The City received $30,000 in grant
funding to offset a large portion of the cost to extend the lines
into this area, and the project has been completed.
The problem is that now the affected property owners do not want
to enter into standard water service agreements with the City
because they contain voluntary annexation clauses to become
effective as soon as contiguity occurs. Staff's position is that
this is standard City policy; the owners disagree and feel that
the City is taking advantage of their water problem.
Therefore, consideration and direction regarding this matter is
requested. The City Attorney will provide additional information
at the meeting on Tuesday.
. -..
..
MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: COUNTRY CLUB ACRES - CONTAMINATED
WELLS - PROJECT NO. 90-11
DATE: December 17, 1990
The city entered into an agr~ement with Florida DER to
install water service to three residents with contaminated
wells in the Country Club Acres area on Whatley and
Jefferson Roads, a county enclave. Delray Beach received
$30,000 to install a water line extension to service this
area.
This project has been completed however, the three (3)
affected properties are objecting to language in our
proposed agreement as follows:
1. Voluntarv Annexation - Residents feel the City is taking
advantage of their dilemma with contaminated wells. They do
not feel they should sign their rights away.
2. Twentv-five (25) percent Surcharge - Again the residents
feel the city is taking advantage of their dilemma with
contaminated wells.
Staff has consistently stated this is Standard City Policy
for all water line extensions into County Enclaves. The
three (3) affected property owners disagree.
This topic was also discussed during our last DSMG meeting
of December 12, 1990, which reinforced that this is standard
City POlicy.
Is there any relief these three property owners can receive
because of the extenuating circumstances with the
contaminated wells and the fact the City received a $30,000
I grant? ~ ~
l .11J~~ ()
I William H. Greenwood
WHG:smm
'"
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tr.ft1
SUBJECT: AGENDA ITEM * - MEETING OF JANUARY 8, 1991
ORDINANCE NO. 61-90
DATE: January 2, 1991
This is second and final reading of an Ordinance amending the
Land Development Regulations by amending Appendix "A", "Defini-
tions", by enacting a new definition of family providing that a
family shall consist of those persons who are related by blood,
marriage or adoption or as many as five unrelated persons living
in the same dwelling unit
The Ordinance was passed on first reading by the Commission on
December 4, 1990, with a 3 to 2 vote (Mr. Andrews and Mr.
Randolph dissenting).
Recommend approval of Ordinance No. 61-90 on second and final
reading.
.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: SON MacGREGOR-HARTY, CITY CLERK
j~u~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 4, 1990
RESOLUTION RE: THE DEFINITION OF "FAMILY"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution which changes the definition of the
term "family" as contained in the LDRs.
This modification procedure is unique to definitions (other
text changes require enactment by ordinance) and is allowed
pursuant to Section 1.4.5 Definitions (page 1.4.3).
BACKGROUND:
The City Commission had previously directed that the
Neighborhoods Task Team and the Planning and Zoning Board revisit
the definition of "family" as contained in our zoning
regulations. This direction came about as there has been some
problem in the application of the definition and the feeling by
some individuals that it may be overly restrictive. The current
definition of "family" was created a few years ago in an effort
to address the general problem of overcrowding within a
structure.
The Neighborhoods Task Team reviewed staff's work and supported a
revised definition which calls for removal of the restriction of
a "linear" relationship among members and the reinsertion of the
standard related by "blood or marriage" provision. In addition,
there is a change in the number of unrelated persons who can live
together with the change being from three to five. There is a
provision that the number of nonrelated individuals diminishes as
the number of related individuals increases.
The Task Team also recommended that problems with overcrowding be
addressed through further restrictions on parking and use of lot
area for vehicles.
Attached is additional background information from the Office of
Lula Butler.
." 1.'1'
City Commission Documentation
Resolution Re: The Definition of "Family"
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at it's
meeting of November 19, 1990, and unanimously (6-0) recommended
that the City Commission accept the recommendation of the Task
Team.
RECOMMENDED ACTION:
Because of the past controversy which has been associated with
this item, it is suggested that a public hearing be held as is
done if an ordinance were required; thus, we recommend that a
public hearing be held on January 15, 1991.
Further, if individual Commissioners have concerns or desire
additional information, it is suggested that the item be set for
a worksession discussion prior to the public hearing.
Attachment:
* P&Z Staff Report & Documentation of November 19, 1990
DJK/#74/CCFAMILY
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT I
MEETING OF: NOVEMBER 19, 1990 ~
AGENDA ITEMS: III A & B PUBLIC HEARING ITEMS
.
ITEM BEFORE THE BOARD:
The item before the Board, in each instance is the review of
proposed LDR text amendments and recommendation to the City
Commission.
There are two items. The first (A) is a proposed change to
the definition of "family". The second ( B) , is
reconsideration -- upon referral from the City Commission --
of regulations dealing with truck parking in Residential
Districts.
BACKGROUND:
Def ~ni t ion of Family: Please see the attached report from Lula .
Butler and the recommendation contained therein. There is an
emphasis that the definition of family, as used in the LDRs,
relates to land use. The current definition was created a few
years ago in an effort to address the general problem of
overcrowding within a structure and, as a result, is considered
by some to be overly restrictive. Thus, the definition is being
revisited at this time.
Truck Parking in Residential Districts: Please see the attached
report from Lula Butler. This item was before the Board at its
last meeting and a recommendation was forwarded to the
Commission. The Commission also desires the Board to readdress
the topic of relief provisions.
RECOMMENDED ACTION:
Consider each item separately. Following public comment, provide
a recommendation to the City Commission on each.
The recommendations from the Neighborhoods Task Team on each
item is:
Re: Family -- to recommend adoption of the new definition (as
proposed) and direction to staff to seek other avenues through
which adverse impacts of overcrowding can be mitigated and
controlled.
Re: Truck Parking -- to recommend that the proposed regulations
be adopted but that there be two stated criteria upon which a
waiver may be granted.
Attachments:
11 Butler memo of November 12th re Family
11 Butler memo of November 12th re Truck Parking
". hI'
MEMORANDUM
TO: DAVID KOVACS - DIRECTOR, PLANNING & ZONING
"
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTlt)
SUBJECT: PROPOSED REVl:SED DEFINITION OF FAMILY
DATE: NOVEMBER 12, 1990
Pursuant to the direction of the City Commission, the staff
committee has completed its analysis of the current definition of
family and is proposing the attached revised definition for
P & Z's consideration. The staff committee's recommendation was
before the Neighborhoods Task Team for their consideration on
October 4th and again on November 8, 1990.
The consensus position of the Task Team was that the definition ,
of family as proposed by staff is sufficient and they support it'
as proposed. However, in addition to the revised defini tion of
family, the Task Team would like P & Z to consider other
ordinance amendments such as prohibiting parking on unpaved or
unimproved surfaces and front yards. The Task Team is of the
opinion that the proper control of parking problems that are
apparent with overcrowded conditions, is a better tool used
jointly with the definition of family to control overcrowded
conditions in our single family neighborhoods.
The memorandums from the Code Enforcement Administrator detailing
each staff committee meeting are attached for reference material.
It is my understanding that the proposed revised definition will
be before P & Z on November 19th.
LB:DQ
Attachments
0/8
Family.DK
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Family. One (1) or more persons ~.eai.'91y related by blood,
marriage or .adoption and living as a single housekeeping unit in
a. dwelling shall constitute a family. -A fan.ilymay iReluae, in
add:i-tivu, uO~ R\9rQ th;!n -three (3) persons whc_.are unr,:oli.~ The
following persons shall be considered related for the purpose of
this title:
(1) A person(s) residing with a family for the purpose of
adoption;
(2) Not more than five (5) persons under 19 years of age,
residing in a foster home licensed or approved by the State
of Florida:
(3) Any person who is living with a family at the direction of a
court.
-t !~U't,j_~1. ;.'j."....L1 '..
PROPOSED DBFI.I~ZO.:'
Family. One or more persons related by blood, marriage or
adoption occupying a single dwelling unit as a single
housekeeping unit and sharing common facilities. In addition, if
the family consists of:
* 1 person, an additional four persons unrelated to the family
shall be permitted;
* 2 persons, an additional three persons unrelated to the
family shall be permitted:
* 3 persons, an additional two persons unrelated to the family
shall be permitted:
* 4 or more persons, an additional one person unrelated to the
family shall be permitted.
The following person or persons shall be considered as related to
the family (as opposed to an unrelated person or persons) and
will be counted as family members:
a. A person or persons residing with the family for the purpose
of adoption by the family:
b. Any person or persons residing with the family at the
direction of a court.
0/8
Family.OK
2
".
.
MEMORANDUM
TO: Lula Butler, Community Improvement Director
M
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: FAMILY DEFINITION
DATE: September 20, 1990
On September 20, 1990, the final meeting of the Family Definition Committee was
held. The consensus position of the Committee Members was ta recommend the
following definition of "Family:"
Family: One or more persons related by blood, marriage or adoption occupying a
single dwelling unit as a single housekeeping unit and sharing common
facilities. In addition, if the family consists of:
. 1 person, an additional four persons unrelated to the family shall be
permitted.
. 2 persons, an additional three persons unrelated to the family shall
be permitted. ."
. 3 persons, an additional two persons unrelated to the family shall be
permitted.
. 4 or more persons, an additional one person unrelated to the family
shall be permitted.
The following person or persons shall be considered as related to the family <as
opposed to an unrelated person or persons) and will be counted as family members:
a. A person or persons residing with the family for the purpose of
adoption by the family;
b. Any person or persons residing with the family at the direction of a
court.
As the Family Definition Committee has recommended a revised Family Definition.
no further Committee Meetings will be held.
1 wish to thank all Committee Members for th~i~ input and attendance at the
Committee Meetings.
RB:mh
cc: Jeff Kurtz, City Attorney
Susan Ruby, Assistant City Attorney
Jerry Sanzone, Chief Building Official
David Kovacs, Planning and Zoning Director
Dorothy Ellington, Community Development Director
Mike Cato, Fire Chief
Emmanuel Guerrier, Code Enforcement Officer SEP 2 SO
1
.
MEMORANDUM
TO: Distribution ~
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: FAMILY DEFINITION COMMITTEE - SECOND MEETING
DATE: August 28, 1990
On August 24, 1990, the Family Definition Committee held its Aecond meeting.
This writer was assigned the task of drafting a family ordinsnce based on the
discussions of the committee.
Attached please find a draft of what I believe represents the consensus opinion
of the committee as to definition of family. I would appreciate each committee
member reviewing the attached in order that recommended revisions can be
discussed at a third committee meeting which I will schedule in approximately
two weeks.
Again. thank you for your participation.
.
Family: One or more persons relsted by blood, msrriage or sdoption occupying a
aingle dwelling unit as a single housekeeping unit and sharing common
facilities, or alternatively, if the family consists of:
. 1 person, an additional four persons unrelated to the family shall be
permitted.
. 2 persons, an additional three persons unrelated to the family shall be
permitted.
. 3 persons, an additional two persons unrelated to the family shall be
permitted.
. 4 or more peraons, and additional one person unrelated to the family
shall be permitted.
The following person or persons shall be considered as related to a family as
opposed to an unrelated person or persons:
a. A person or persons residing with theJfamily for the purpose of
adoption by the family;
b. Any person or persons residing with the family at the direction of the
court.
RB:mh
cc: Lula Butler
I
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MEMORANDUM ~4~~
~ ",,\l.. ~
TO: Distribution lV b \
FROM: Richard Bauer, Code Enforcement Administrator {L3
.
SUBJECT: FAMILY DEFINITION COHHlTTEE - FIRST MEETING RECAP
DATE: August 2, 1990
On July 27, 1990, the first meeting of the Family Definition Review Committee
was held from 10:00 A.M. to 12:00 Noon.
Without attempting to reiterate every item discussed, I believe there was
consensus among the committee members that the City's current definition of
family is too restrictive.
For the most part, it appears that committee members believed that a family
should be defined as people related by blood or marriage plus individuals in
special cstegories (e.g., a person living with a family for the purpose of
adoption or at the direction of a court or foster home situation - see 173.001.~
Definition, "Family.") plus one or more unrelated individuals. A family could
also consist of a number (3 or 4) of unrelated people living together. The
above is similar to the City's previous definition of single family.
Several other matters were discussed:
1. Whether or not some square footage per occupant criteria should be
utilized with a provision for a waiver for ascertainable hardship
situations. I believe that most committee members were not in favor
of this - although the matter can be further discussed.
2. Whether there could be some absolute limitation on occupancy of rental
units. The City Attorney indicated that it would be possible to
impose such limitation. (The current Landlord Permit Ordinance,
Section 117.03(B) states ... "that number (of persons) shall be no
more than two per bedroom plus two additional persons per unit,
provided nothing in this section shall permit the rental of a unit in
a manner which violates the definition of family.... This section
shall not be interpreted to prohibit a landlord from renting a unit to
a family 8S defined by 173.001." The wording of the ordinance is
unusual but seems to indicate a landlord can rent a unit to an
unlimited number of persons providing they meet the "single family
definition" in the case of a "lineal relationship" family.
Obviously, the current ordinance also defines a family as no more than
three (3) unrelated individuals so for the "unrelated" family
portion of the ordinance there would be a "cap" on occupancy).
In light of the above, I believe further discussion is required to
determine whether there should or could be an occupancy cap on rental
units regardless of whether the occupancy is a single family (e.g.,
should there be a limit even if a landlord wishes to rent to ten (10)
1
related persons?).
3. Whether or not vehicle parking restrictions should be enacted or
recommended:
a. prohibit parking in right-of-way areas during certain times.
b. prohibit parking in vacant lots. and
c. prohibit parking on other unpaved or unapproved surfaces (front
yard. back yard. etc.).
SUMMARY -
I believe that one more meeting of the Family Definition Review Committee will
be necessary prior to preparing a final recommendation to revise the current
ordinance.
At the next meeting. which I will schedule. it would be beneficial if each
committee member would prepare his or her recommendation on a family definition
ordinance. For informational purposes. 1 have included below the City's
Definition of "Family" that was in effect just prior to the current definition
(which is contained in ordinance section 173.001): .
Family. One (1) or more persons i..ediately related by blood. marriage or
adoption and living as a single housekeeping unit in a dwelling shall
constitute a family. A family may include. in addition. not more than
three (3) persons who are unrelated. The following persons shall be
considered related for the purpose of this title:
(1) A person(s) residing with a family for the purpose of adoption;
(2) Not more than five (5) persons under 19 years of age. residing ina
foster home licensed or approved by the State of Florida;
(3) Any person who is living with a family at the direction of a court.
I wish to thank every committee member for their interest and participation in
the first committee meeting.
RB:mh
cc: LuIs Butler ..
...
DISTRIBUTION:
Jeff Kurtz. City Attorney
Jerry Sanzone. Chief Building Official
David Kovacs. Planning & Zoning Director
Dorothy Ellington. Community Development Director
Mike Cato. Division Chief-FPB
Emmanuel Guerrier. Code Enforcement Officer AOO 0 3 90
2
."
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. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJr1
SUBJECT: AGENDA ITEM #= loB - MEETING OF JANUARY 8, 1991
REQUEST FOR WAIVER - AMERICAN HEART ASSOCIATION
DATE: January 2, 1991
This item is before you to conduct a public hearing on a request
from the American Heart Association to waive the required $300.00
annual registration fee pursuant to Section 118.27(C) (3) of the
City's Code of Ordinances. Approval of this request is consis-
tent with previous Commission action relative to the waiving of
permit fees for charitable organizations.
Recommend approval of request for waiver of the required $300.00
annual registration fee for the American Heart Association.
PLEASE NOTE: Pursuant to prior Commission direction, we anticipate
having an ordinance ready for first reading on
January 29, 1991, to repeal certain registration
fees currently imposed on charitable organizations.
'1~
, .
. Agenda Item No.:
AGENDA REQUEST
Date: 12/26/90
Request to be placed on:.
X Public Hearing
Regular Agenda Special Agenda Workshop Agenda
When: 01/08/91
Description of agenda item (who, what where, how much):
American Heart Association is requesting a ~ity Commission Waiver from
the annual fee requirement of $300.
ORDINANCEI RESOLUTION REQUIRED: YE@ Draft Attached: YES/NO
Recommendation: Staff recommends approval of the American Heart Association's
waiver of $300 annual fee
Department Head Signature: ~-----F ~ Cp. ----- -
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewl Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YESI NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,.,
MEMORANDUH
TO: DAVID T. HARDEN, CITY MANAGER
LULA BUTLER. DIRECTOR. comruNITY IMPROVEMENT ~
FROM:
DATE: DECEMBER 20, 1990
SUBJECT: AMERICAN HEART ASSOCIATION LICENSE FEE WAIVER
BACKGROUND
American Heart Association is requesting a City Commission waiver from the
annual fee requirement.
Charitable organizations are required to register their solicitation drives
with the city for a fee based on gross contributions collected during its
prior fiscal year per Section 118.27.
As the American Heart Association Foundation collected over $100,000.00 last
year, they are required to pay a $300 registration fee. The $40.00 fee
mentioned in the Associations letter is a one time fee only that was waived
by Commission initially, but $300 is due annually.
RECOMMENDATION
Staff recommends approval of the American Heart Association's waiver as was
granted last year.
.
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500 N.E. Spanish River Blvd., #22, Boca Raton. Florida 33431-4516 /
~ 407/394-0170 278-7222
V American Hearl
Association
South County Office
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December 12, 1990 .' 11. , $1 l)
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STEERING COMMITTEE City Manager's Office
100 NY First Avenue
Chairman Delray Beach, Florida 33444
Harold J. Lynch, Jr. M.D. Attn: Nancy Roti
Co-Chairman
William R. Earnhart, M.D. Dear Nancy,
Florence J. Bourg On behalf of the American Heart Association of South Palm Beach
Arthur R. Bradley
Elizabeth Gleason County, I would like to request that we be placed on the agenda
Debra Mollohan at the next City Commissioner's meeting regarding the fee of
J.W. Mollohan $40.00 we have been assessed to solicit in Delray Beach for our
Laurie S. Silvers annual Residential Campaign. In past years, all fees have been
Jean Spence waived due to the fact that we are a national non-profit
Bernard Tillson organization.
Executive Director Attached you will find the information needed to process this
J. Nick Buchholz reques t . Please advise if you have any questions.
South County Coordinator Sincerely,
Jane Johnson
/1 QtLzA;' ,,'"c.-i..~~t,C.
1/'1 .1/ /
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Jane Johnson
South County Field Representative
cc: J. Yickles
cc: N. Buchholz
WE'RE FIGHTING FOR
YOUR LIFE
."
I . ~~
. ^ "
ChaFter. l:-rf} of the Code of Ordinances
. Adopted J .\:H:-y-:l~ 8- a-
.
APPLICATIon FOR PERl.tIT TO SOLICIT .
IN TJIE CITY OF DELRAY BE1\CH, FLORID1\.
.
.
AMERICAN HEART ASSOCIATION, PALM BEACH REGION
Name of Organization
1301 South 01ivea Ivenue, West Palm Beach, F1 33401 655-8155 or 278-7222
Address Telephone Number
Incorporated: Yes: XX Uo: Date of Incorporation: see attached
list of Board of Directors attached.
Names of Officers and Directors
To reduce death. and disability due to heart disease and educiation of heart disease.
Purpose of Organization .
Name of Local Paid Executive: J. NIcholas Buchholz, Executive Director
KIND OF ACTIVITY:
Solici~ation Mail and door to door
(General Solicitation, Ball, Motion Picture, etc. )
to raise funds for research and community programs
Sp~~ifi~ ~'tIife,ofa~ ~lc'!f8\tsl t~n\'n
INDIVIDUAL OF ORGANIZTION WHO ~S RESPONSIBILITY FOR CUSTODY OF THE CONTRIBUTIONS.
Th~ applicant shall attach to this Application on a separate Exh~b~t A, a
list of persons, including their address and telephone number, who shall
be available to answer inquiries during the hours when the solicitation is
being conducted from all persons being solicited, relative to verification
of the identity of solicitors and the nature of the solicitation. This
Exhibit A need not be published as part of the required publication set
forth in Section of the Charitable Solicitations Ordinance. Failure
to provide such list,'or to comply with the availability requirement set
forth above may result in revocation of the permit to solicit~
INDIVIDUAL OF ORGANIZATION WHO HAS CUSTODY OF &~~ANgt~~~~
DEBORAH MC .eARTHY; AHA AFFILIATE, P.O BOX 33 ,. G, FL 33733 8035
.
Name and Address of Local Chairman or Pe:son Directing Solicitation
Jane Johnson, Field representative, 500 N. E. Spanish River Blvd. February, 1991 .___
Goal 1128 Dates of Solicitat~on
B66a Raton, F1 33431 394-0170
Mail
Methods of Solicitation
does not apply - all volunteers
Paid Promoters or Solicitors Percentage Agreement
fund rail'ling R% - Management 15% Items.Underwritten
Estimated Administrative Cost of Fund Raising
in Delray Beach .
'"
.
',. "
. .
..
Estimated Percentage of Proceeds to
be expended in Delray Beach: see attached
.
.
LATEST SOLICITATION IN THE CITY OF DELRAY' BEACH:
.
Total Amount collected in 19 90 see attached
Total Expenses in 1990 see attached
Remitted to National or State in 1990 see attached
Amount of Proceeds Expended in Palm Beach County in 1990 see attached
To this form must be attached:
Copy of Charter
. Copy of By-Laws !
Statement of income and expenditures for previous year for local,
regional and national organization.
.
The applicant hereby agrees that prior to allowing solicitors to
undertake activity soliciting charitable contributions that the applicant
will inform each solicitor of the nature and purpose of the drive and
provide each solicitor with a copy of the advertisement or other publicatiol
approved under Section of the Charitable Solicitations ordinance. Th.
solicitor shall be informed that he is to show this material to any person
raising a question as to the expenditure of funds being solicited.
. '.
The applicant further agrees to acquaint said solicitors with all the
rules and regulations provided in . Code of Ordi-
nances of this City, and agrees that any violations thereof will subject th.
organization to punishment as provided therein, including the revocation of
the right to solicit in this City.
This application shall be sworn to by the applicant and shall be accom
panied by a consent of the charitable organization involved consenting to
the solicitation of funds on behalf of said charitable organization.
AMERICAN HEART ASSOCIATION, PALM BEACH REGION
Name of Applicant
:::~H .
Ex~~uLlve bIrector
SWORN TO AND SUBSCRIBED before me this ~9 t:C day of
~ , 19 q() .
~:::~t:t; Florida
,",OTARY PllPLIC.~TJl.TE OF FLORID 11.. Hy Commission Expires:
M t COMMI::;~iON EXPIRES: SEPT. 5. 1992...
City Council: BONDED THRU NOTARY PUBUC UNDERWRiTER..
Approved:
Disapproved:
."
. .
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P" mEllT] FI(j\TIOt~ c]\llD
. . . In C''-'llpli''IlCC "/ith of the. Cotlc.:
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Dy lQW t:hi~ cQrtl mu~t be r(:llu or p'rc~enteu "
Lo ~ll [H'onpecti vc <lollor:;.
NOT l\N ENl)On~:il;:t,tr.Ln' FOP. INFOrJli\TION ONLY
pulm n~Qch Coun ty Ch.:lpter 0 f ~41e..1f!1 ~ ~JI
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'Will conduct it:; ~l1nuul ~ppe\ll" .
From /J(udo.J Ii /97/ to /Jt~ L.L.v'. /19/
.
Distribution of $ .$ /j-/o c,/ f77
Income L~st Yc~r .
Fund Raising, .
Admini~tration und .
Public Information $ 3. tJ I t/.). y. 91 ;2..!2.... % .
. I / ~%
~~ $ / q~ J flC//P'IF
$ 110, J r;;J. 0/ /3 %
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1
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Transmitted to & ~ .
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. $ /4t:/t ~'17. '" 6 .
Total Distribution /CJc' ~
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Research Patient
,-;~ 01 Service .
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. Not"! : Complia.nce ,.Ii. th other app1.i.c:nblc lnw5 i.s not:
waived by the i~suonce of n pe~"it ~o solicit.
.
To be used only by the solicitor, whose gigua.turo
appeors below. Compurc with yuur receipt.
.
Si~nt\turcs:
Dclrny Uenc.:h Chnil"lIIill\ Dulicitor
Ontc cff:cct.tvc: I:>:p i re:i :
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # lo~- MEETING OF JANUARY 8, 1991
REQUEST FOR SIGN CODE WAIVER - HEALTH CARE INSTITUTE
DATE: January 2, 1991
This item is before you to conduct a public hearing on a request
from Health Care Institute, 4760 West Atlantic Avenue, for a
waiver of the Sign Code to permit a free standing sign within a
special landscape setback. The sign is 16 feet high and has a 72
sq. ft. sign face. The applicant is requesting a 10 foot
setback~ a 14 foot setback is required per Section 4 . 3 . 4 (H) (6) ,
which does not allow any structures to be placed within the
special landscape setback.
The staff sign committee and Site Plan Review and Appearance
Board reviewed the sign application and agreed the location was
appropriate for the property.
Recommend approval of the Health Care Institute's request for a
free standing sign with a 10 foot setback.
.
. Agenda Item No.:
!Gt:~.:~IJJ. 1lEQUES~
Date: 12/20/90
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 1/8/91
Description of agenda item (who, what, ~here ho.w much):
Request waiver to sign code code for Hea th are tnst~tute
ORDINANCE/ RESOLUTION REQUIRED: YES@b Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature:
Determination of Consistency with Coaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,.
,
.
M.:.t:t.10RA.l''iDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: SIGN CODE WAIVER FOR HEALTH CARE INSTITUTE
-- - -
DATE: DECEMBER 4, 1990
ITEM BEFORE THE COMMISSION:
- -
Request Commission consider a waiver request for a free standing sign which
does not meet the special landscaping setback.
BACKGROUND
Health Care Institute, 4760 W. Atlantic Ave. is applying for a free standing
sign which has a 72 sq. ft. sign face and is 16 foot high. The applicant is
requesting a 10 foot set back. A 14 foot setback is required per Section
4.3.4(H)(6). This section does not allow any structures to be placed within
the special landscaping setback.
The staff sign committee and Site Plan Review and Appearance Board reviewed
the sign application and agreed the location was appropriate for the
property and would support the setback waiver.
RECOMMENDATION
Staff is recommending that the Commission approve Health Care Institute's
request for a free standing sign with a 10 foot setback.
'"
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER U?vf
SUBJECT: AGENDA ITEM # 1<)3)- MEETING OF JANUARY 8, 1991
REQUEST FOR SIGN CODE WAIVERS/TOMELLERI
DATE: January 2, 1991
This item is before you to conduct a public hearing on a request
from Dr. and Mrs. Carlos Tomeller i, 250 Royal Court, for two
waivers to the Sign Code, as follows:
( 1) A waiver to permit two ( 2) free-standing signs,
whereas, the Sign Code authorizes just one (1)
free-standing sign. The applicant had :-;---: for
applJ.ed
three ( 3) free-standing signs; and
(2) A waiver to Section 4.6.7(E)(7) relative to the
setback requirements in the RO District to allow the
free-standing signs to be located on City right-of-way.
The Historic Preservation Board, at their December 12, 1990,
meeting, recommended that two signs be approved and that the
Commission approve the waiver to allow these two signs to
encroach on public right-of-way.
The Staff Sign Committee felt that the public right-of-way
location was not appropriate and that the sign face be reduced to
20 square feet and be placed on the property line. They also
felt that one sign was adequate and are recommending denial of
the applicant's request.
I concur with the Historic Preservation Board. Since this lot
has frontage on three streets, I believe a waiver to allow two
signs is appropriate. I also agree that these two signs should
be allowed to encroach on the right-of-way the minimum amount
necessary to schedule the need for removal of significant
trimming of any existing trees and hedge s . I concur with the
staff recommendation that the maximum size be limited to 20
square feet.
'"
"
,
, Agenda I tem No.:
AGENDA REQUEST
Date: 12/20/90
Request to be placed on:1
X Regular Agenda Special Agenda Workshop Agenda
When: 1/8/91
Description of agenda item (who, what, where, how much):
Request for sign code waiver to allow two free-standing signs in the city
ri~ht-of-wav for Dr. and Mrs. Carlos Tomelleri
ORDINANCE/ RESOLUTION REQUIRED: 'lESe Draft Attached: YES/NO
Recommendation: Denial
Department Head Signature:
Determination of Consistency with Co.prebensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'"
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, CO~wroNITY IMPROVEMENT
RE: SIGN CODE WAIVER REQUEST FOR DR. TOMELLERI
DATE: DECEMBER 26, 1990
ITEM BEFORE THE COMMISSION
Request Commission consider a waiver request for two free-
standing signs, which do not meet the City's setback requirements
per Sec. 4.6.7(E)(7) in the R.O. district. The sign code also
authorizes just one free-standing sign.
BACKGROUND
Dr. and Mrs. Carlos Tomelleri, 250 Royal Court, have applied for
three free-standing signs to be located on the City right-of-way.
The sign dimensions are 5'6" x 48" and will be 6'6" high. The
colors are white copy on a forest green background.
The applicant appeared before the Historic Preservation Board on
December 12, 1990. The Board recommended that two signs be
approved at the corner locations of NE 5th Terrace and Royal
Court and NE 3rd Avenue and Royal Court. They also recommended
the City Commission approve a waiver to allow these two signs to
encroach on the public right-of-way.
The Staff Sign Committee reviewed the sign request on December
14, 1990 and felt the public right-of-way location was not
appropriate. They recommended the sign face be reduced to 20
square feet and be placed on the property line.
The staff also felt one sign for the location was adequate as the
property was allowed an additional sign. This sign could be
either flat wall or projecting.
RECOMMENDATION
Staff is recommending denial of the applicants request for two
free-standing signs to be located on the public right-of-way.
LB:DQ
LS
b:Tomelleri.SW
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MEMORANDUM
TO: JOYCE DESORMEAU, SIGN ADMINISTRATOR
THRU: STAN WEEDON
FROM: PAT CAYCE~-
DATE: DECEMBER 14, 1990
SUBJECT: FINDINGS OF FACT REGARDING COA 8-145; DR. & MRS. CARLOS
TOMELLERI
COA 8-145
Dr. and Mrs. Carlos Tomelleri
250 Royal Court
Historic Preservation Board Meeting
December 12, 1990
FINDINGS OF FACT
1. The HPB approved the design (material, type style and color)
of a free standing advertising sign subject to meeting all sign
code requirements.
o Approved the same, or similar, design as the free standing
sign for a wall or projecting sign, in the event that an
additional free standing sign is disallowed. Either sign must
meet all sign code requirements.
3. Approved the landscaping plan including a new paved walkway.
Subject to code approval. Recommended that a rolling cart
rather than a dumpster be used.
4. Voted to recommend to the City Commission that a waiver be
granted to allow' two advertising signs on one lot. Only one is
permitted. One sign is to be located at the corner of Royal Court
and N.E.3rd Avenue and the other at N.E. 5th Terrace and N.E. 3rd
Avenue.
-
Background
This is a unique triangular lot which fronts on three
streets in the Del-Ida Park Historic District. Allowing one
additional sign would accommodate patients arriving by any of
the three streets. The impact to the adjacent residentially
zoned property would be minimal as the signs will both be at
the N.E. 3rd Avenue corners. The property on the east
side of N.E. 3rd Avenue is zoned RO from N.E. 4th Street to
N.E. 8th Street.
."
.
5. Voted to recommend to the City Commission that a waiver be
granted to allow these two signs to encroach on the public right
of way. The encroachment to be the most minimum possible from
the property line. If allowed the existing mature trees and
hedges could remain thus enhancing the bosky and natural
appearance of the triangular lot.
Backqround
When Del-Ida Park was platted in 1923 this lot was not a
building lot and was one of three small triangular
neighborhood parks in the subdivision. Because of the mature
landscaping on the lot it still retains the look of a small
park. The building is almost obscured by the landscaping. To
grant this waiver will mean that the lot will retain its
park-like characteristics perpetuating the original intent of
the historic subdivision.
6. The applicant requested exterior window and door treatments
which were not addressed in the COA. These were indicated on a
plan received on December 7, 1990 by which time the agenda had
been posted and the Board's packets distributed. If the COA
matrix is adopted by the City Commission on January 7, 1990,
staff may be able to consider the changes without HPB approval.
If the matrix is not approved Mrs. Tomelleri will come for COA
approval at the HPB's meeting on January 16, 1991.
'"
MEl-IORANOml
To: Historic Board
From: Joyce A. Oesormeau, Occ. Lie. & Sign Admin. ~~
Date: December 12, 1990
Subject: SIGNS FOR TOMELLERI
This is in reference to 3 free standing signs to be reviewed by the Historic
Board 12/12/90 for Carlos J. Tomelleri, M.D., 250 Royal Court.
Sign plan review comments are as follows:
1- Only one free standing sign is permitted for subject zoning
location, therefore two signs are in excess of the city code.
2. The free standing signs are located on the city right-of-way. The
code requires a 10 foot set-back from the property line. The City's
liability for signs on the right of way should be considered regarding this
request.
RECOMMENDATIONS:
1. Reduce the 3 free standing signs to 1 permitted free standing sign.
The applicant might consider using either a flat wall sign or a projecting
sign, which the code additionally provides for at the location.
2. The free standing sign could be located on the property line, if
the sign face was reduced to 20 square feet and the sight distance was
signed off by staff.
3. If the Board supports the applicants request for three free
standing signs, your recommendation for City Commission review is requested.
."
'"
. ~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM #: lof. - MEETING OF JANUARY 8, 1991
REQUEST FOR SIGN CODE WAIVER/1550 BUILDING
DATE: January 2, 1991
This item is before you to conduct a public hearing on a request
from the 1550 Building, 1550 North Federal Highway, for waiver of
Section 4.6. 7(E) (3) (c) of the Sign Code to permit a free standing
sign to be placed at an 18 foot height instead of the required 7
feet. The sign face is 40 square feet and 7 feet high with a 5
foot setback to the property line.
The owners feel the sign is visually blocked by a motel on the
adjoining north property. The Staff Sign Committee concurs and
supports the request to raise the existing sign to 18 feet. The
Committee further notes, however, that if the motel is ever
demolished, the sign should be lowered to its present location.
Recommend approval of the 1550 Building request for a free
standing sign to be placed at an 18 foot height.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: SIGN CODE WAIVER REQUEST FOR 1550 BUILDING
DATE: DECEMBER 26, 1990
ITEM BEFORE THE COMMISSION
Request Commission consider a waiver request for a free-standing
sign placed at an 18-foot height instead of the required 7 feet,
per Sec. 4.6.7(E) (3) (c).
BACKGROUND
The 1550 Building, located at 1550 N. Federal Highway, currently
has a properly permitted, free-standing sign located within the
special setback. The sign face is 40 square feet, 7 feet high
with a 5-foot setback to the property line.
The owners feel the sign is visually blocked by a motel on the
adjoining north property and would like to raise the existing
sign to 18 feet.
The Staff Sign Committee agreed the sign was sufficiently blocked
and could support raising the sign to 18 feet. They also noted
that if the motel was ever demolished, the sign should be lowered
to its present location.
RECOMMENDATION
Staff is recommending that the Commission approve raising the
existing free-standing sign to 18 feet.
LB:DQ
L5
b:1550Bld.SW
..
4
-
, Agenda Item No. :
AGENDA REQUEST
Date: 12/26/90
Request to be placed on:'
X Public Hearing Workshop Agenda
Regular Agenda Special Agenda
When: 01/08/91
Description of agenda item (who, what, where, how mu~h): .
Reauest Commission consider a waiver request for a free standlng slgn
~laced at a 18 foot height instead of the required 7 foot at 1550 N. Federal Hwy.
ORDINANCE/ RESOLUTION REOUIRED: YES@ Draft Attached: YES/NO
Recommendation: Staff is recommending that the Commission approve raising
the existing tree standlng slgn to 18 feet
Department Head Signature: Cl?d~ ~- ----- ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO [/10
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
. .
, .
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT y/0
SUBJECT: SIGN CODE WAIVER REQUEST FOR 1550 BUILDING
DATE: NOVEMBER 28, 1990
ITEM BEFORE THE COMMISSION:
- -
Request Commission consider a waiver request for a free standing sign placed
at a 18 foot height instead of the required 7 foot.
BACKGROUND
The 1550 Building, located at 1550 N. Fed. Hwy. currently has a properly
permitted free standing sign located within the special setback. The sign
face is 40 square feet, 7 feet high with a 5 foot setback to the property
line.
The owners feel the sign is visually blocked by a motel on the adjoining
north property and would like to raise the existing sign to 18 feet.
The staff sign committee agreed the sign was sufficiently blocked and could
support raising the sign to 18 feet. They also noted that if the motel was
ever demolished, the sign should be lowered tOR its present location.
RECOMMENDATION
Staff is recommending that the Commission approve raising the existing free
standing sign to 18 feet.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f>t1
SUBJECT: AGENDA ITEM =It IOF - MEETING OF JANUARY 8, 1991
REQUEST FOR SIGN CODE WAIVER - WORLD'S BEST BURGER
DATE: January 2, 1991
This item is before you to conduct a public hearing on a request
from World's Best Burger, 550 N.E. 6th Avenue, for a waiver of
the Sign Code to permit an existing free standing sign, which was
installed with a 1 foot setback instead of the 10 foot setback
requirement per Section 4.6.7 (E) (3) (a) .
The applicant states they were misled by the contractor and given
an incorrect location for the property line. The sign would be
located in the paved parking area if located with the approved 10
foot setback.
Staff is recommending denial of World's Best Burger's request
as submitted; however, staff would like to recommend that the
Commission consider a compromise of placing the sign on the
existing sodded area closer to the alley, which would reduce the
setback violation by approximately five (5) feet.
Recommend that the Commission consider a compromise of placing
the sign on the existing sodded area closer to the alley, which
would reduce the setback violation by approximately five (5 )
feet.
,"
. Agenda Item No. :
AGENDA REQUEST
Date: 12/26/90
Request to be placed on:'
X Public Hearing
Regular Agenda Special Agenda Workshop Agenda
When: 01/08/91
Description of agenda item (who, what, where, how m~ch):.
Request Commission consider a waiver request for a free standlng slgn
which does not meet the 10 foot setback requirements
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Staff recommends denial of waiver to set-back requirement
Department Head Signature: ~~~ -.::::::.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: (;) / NO (JI/I
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'"
.
trlR . GENE SHIRLEY
WORLD'S BEST BURGER
550 NE. 6TH AVE.
DEL RAY BEACH~ FLA.
trms. JOYCE DESORl'rlEAU DECEMBER 3~ 1'3'30
BUILDING DEPT.
CITY OF DELRAY BERCH
100 l'JOI1THWEST 1 ST AVE.
DEL RAY BEACH, FLA. 33444
DEAr~ NRS. DESORIYJEAU:
RE: WORLD'S BEST BURGER -- FREE STANDING SIGN # 2
DEL RAY BEACH PERMIT # '30-5818
REQUEST OF COMPLETE WAIVER OF SIGN CODE
I AM WRITING THIS LE'fTER ON BEHALF OF MYSELF AND FLEX PLEX SIGNS OF LAKE
WORTH~ FLR. , THE CONTRACTOR WHO INSTRLLED MY SIGNAGE.
'THROUGH NO ONES FAULT~ "fHE FREE STANDING SIGN REFERENCED ABOVE WAS
LOCATED RPPROXIMATELY '3' SHORT OF THE 10' SETBACK.
FLEX PLEX WAS SHOWN 'fHE PROPERTY LINE BY THE CONTRACTOR AND CAME IN
WHAI IT THUUGH'r W~-1S -IHI::: CUHHl:::CT LOCATION. THE SIGN FOUNDATION WAS
INSPECTED AND PASSED WHERE IT WAS LOCAfED. THE SIGN WAS THEN INSTALLED
PER ENGINEERED PLANS.
WE FEEL THAT PERHAPS THE INSPECTOR WAS NEGLIGENT IN DETERMINING
THE LOCATION PER THE PROVIDED SITE PLAN. WHEN HE INSPECTED THE
OTHER FREE-STANDING SIGN, HE NOTED THAT THE SETBACK WAS INCORRECT
ACCORDING TO HIS SITEPLAN AND STATED SO. THE REASON THE OTHER
SIGN WAS INCOf~RECT WAS BECAUSE THE LOCATION WAS IN THE MIDDLE OF
A PAI"<KING PLACE. THIS MATTER WAS RESOLVED IMMEDIATELY.
UPON CALLING FOR A FINAL INSPECTION, THE FIELD INSPECTOR FOUND THAT
THE SIGN WAS PLACED INCORRECTLY.
WE HEREBY REQUEST A COMPLETE WAIVER OF THE SIGN CODE FOR THIS SIGN.
FLEX PLEX SIGNS DID NOT INSTALL THIS SIGN AT THE WRONG LOCATION
INTENTIONALLY.
TO MOVE T.~IS SIGN WOULD CRUSE A GREAT DISRUPTION OF THE PROPERTY AS
THE UNDERLAYMENT IS PURE SUGAR SAND. TRENCHING TO MOVE THE SIGN
WOULD DESTROY THE LANDSCAPING ALREADY INSTALLED.
PLEASE SCHEDULE US FOR PLACEMENT ON THE CIry COMMISSION MEETING AS
SOUN AS PUSSIBLE SU THIS MATTER CAN BE RESOLVED.
SiNCEF<EL'y'.
J .,
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I'IR. GENE SHIRLEY
WORLD'S BEST GURGER
550 NE. 5TH AVE.
DEL RAY BEACH, FLA.
miS. JOYCE DESORI>lEAU DECEMBER 3. 1930
BUILDING DEPT.
CITY UF DELRAY BEACH
100 NOHTHWEST 1ST AVE.
DEL RAY BEACH, FLA. 33444
DEAr~ I'IRS. DESORI'1EAU:
RE: WORLD'S BEST BURGER -- FREE STANDING SIGN # 2
DEL RAY BEACH PERMIT # 30-5818
REQUEST OF COMPLETE WAIVER OF SIGN CODE
1 AM WRITING THIS LErTER ON BEHALF OF MYSELF AND FLEX PLEX SIGNS OF LAKE
WORTH. FLA. , THE CONTRACTOR WHO INSTALLED MY SIGNAGE.
rH[~UUGH NU UNES FI-lUL T, THE FREE STANDING SIGN REFERENCED ABOVE WAS
LOCATED APPROXIMATELY g' SHORT OF THE 10' SETBACK.
FLE~ PLEX WAS SHUWNIHE PROPERTY LINE BY THE CONTRACTUR AND CAME IN
WHAi 1"1 [HUUGH! WAS !HE CURNECr LOCATION. THE SIGN FOUNDATION WAS
INSPECTED AND PASSED WHERE IT WAS LOCATED. THE SIGN WAS THEN INSTALLED
PER ENGINEERED PLANS.
WE FEEL THAT PERH~PS THE INSPECTOR WAS NEGLIGENT IN DETERMINING
THE LOCATION PER THE PROVIDED SITE PLAN. WHEN HE INSPECTED THE
OTHER FREE-STANDING SIGN, HE NOTED THAT THE SETBACK WAS INCORRECT
ACCORDING TU HIS SITEPLAN AND STATED 50. THE REASON THE OTHER
SIGN WAS INCURRECT WAS BECAUSE THE LOCRTION WAS IN THE MIDDLE UF
A PARKING PLACE. THIS MATTER WAS RESOLVED IMMEDIATELY.
UPON CALLING FOR R FINAL INSPECTION, THE FIELD INSPECTOR FOUND THAT
THE SIGN WAS PLACED INCORRECTLY.
WE HEREBY REQUEST A COMPLETE WAIVER OF THE SIGN CODE FOR THIS SIGN.
FLEX PLEX SIGNS DID NOT INSTRLL THIS SIGN AT THE WRUNG LOCATION
INTENTIUNRLLY.
TO MOVE TltIS SIGN WOULD CRUSE R GREAT DISRUPTION OF THE PROPERTY AS
THE UNDf'::RLAYI'1ENT IS PURE SUGAR SAND. TRENCHING TO MOVE THE SIGN
WUULD DESTROY THE LRNDSCAPING ALREADY INSTALLED.
PLEASE SCHEDULE US FOR PLACEMENT ON THE ClrY COMMISSION MEETING RS
SOUN AS PUSSiBLE SO THIS MATTEN CAN BE RESOLVED.
SiNCERELy.
~C'" -d}{2:j~~_____~~~_ __
GENE SHIRLE\'
,
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II Wil_'- HHVL ru I.-C LClC;.;ll..u I'~ UN!: 0,7 THE f..'HhKIhIG Gr.-'UTS
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FRDM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: SIGN CODE WAIVER REQUEST FOR WORLD'S BEST BURGER
DATE: DECEMBER 26, 1990
ITEM BEFORE THE COMMISSION
- -
Request Commission consider a waiver request for a free-standing
sign which does not meet the la-foot setback requirement per
Section 4.6.7 (E)(3)(a).
BACKGROUND
World's Best Burger, 550 NE 6th Avenue, has applied for a setback
waiver for a free-standing sign, which was installed with a 1-
foot setback instead of 10 feet as submitted on their approved
sign plans. The sign is 16 feet high with a 50 sq. ft. sign
face.
The applicant states they were misled by the contractor and given
an incorrect location for the property line. When the inspector
was called to do a footer inspection, there was no site plan or
survey provided. The sign would be located in the paved parking
area if placed with the approved la-foot setback.
RECOMMENDATION
Staff is recommending denial of World's Best Burger's request as
submitted; however, staff would like to recommend that the
Commission consider a compromise of placing the sign on the
existing sodded area closer to the alley, which would reduce the
setback violation by approximately five (5) feet.
LB:DQ
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b:BestBurg.SW
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trr1
SUBJECT: AGENDA ITEM # lo~ - MEET ING OF JANUARY 8, 1991
ORDINANCE NO. 62-90
DATE: January 2, 1991
This is second and final reading of an Ordinance amending the
Code of Ordinances by amending Chapter 52, "Wa te r" , by repealing
certain subsections with respect to certain connection charges
and transmission and storage fee s . Essentially, this is a
"housekeeping" ordinance to clean up certain items which have
already been addressed via the more comprehensive Ordinance No.
59-90 on water rate and charges.
The Ordinance was passed on first reading by the Commission on
December 11, 1990, with a 5 to 0 vote. Prior to passage, the
Commission directed that the conservation surcharge provision be
deleted. This matter will be addressed at a later date when
sufficient data is available for review.
Recommend approval of Ordinance No. 62-90 on second and final
reading.
'.
.
---'---"-~
.. n. _.__ ~._.____ ---------- -.--.. -. ___
---~--
-_._-------. ----------'----- ~~. -
ORDINANCE NO. 62-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE V,
"PUBLIC WORKS", CHAPTER 52, "WATER", SUBHEADING
"RATES, CHARGES, AND FEES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY REPEALING SECTION 52.31, "CONNECTION CHARG-
ES" , SUBSECTION (B) , "EXCEPTIONS TO WATER
CONNECTION CHARGE", IN ITS ENTIRETY; BY
RELETTERING SECTION 52.31, "CONNECTION CHARGES",
SUBSECTION (C) TO SUBSECTION (B); BY AMENDING
SECTION 52.31, "CONNECTION CHARGES", BY ADDING A
NEW SUBSECTION (C) TO PROVIDE FOR LIMITATION ON
USE OF FEES AND A NEW SUBSECTION (D) TO PROVIDE
THAT ANY REQUIRED CONNECTION FEE SHALL BE PAID
IN FULL PRIOR TO THE ISSUANCE OF ANY AUTHORIZA-
TION TO CONNECT TO THE CITY'S WATER SYSTEM; BY
REPEALING SECTION 5 2.35, "TRANSMISSION AND
STORAGE FEES", IN ITS ENTIRETY; PROVIDING A
SAVING CLAUSE;. PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.31,
"Connection Charges", Subsection (B), "Exceptions to Water
Connection Charge", be and the same is hereby repealed in its
entirety.
Section 2. That Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.31,
"Connection Charges", be and the same is hereby amended by
relettering Subsection (C) to Subsection (B).
Section 3. That Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.31,
"Connection Charges", be and the same is hereby amended by adding
a new Subsection (C) and a new Subsection (0), to read as fol-
lows:
(C) Limitation on use of fees. The connection
fee received by the city under this section shall be
used for the purpose of providing the pro rata shares
of construction costs to install adequate size major
water distribution lines, ground storage tanks, and
repumping facilities all in conformance with the city's
water master plan and for any other capital expendi-
tures caused by new users or as pledged impact fees.
The city shall establish a separate account into which
these fees shall be deposited. The money in this
account shall be expended by the city only for the
herein referred to purposes and these expenditures
shall only be made for locations in reasonable proximi-
ty to the development or unit for which the fees were
charged or in locations and for projects which are
directly impacted by that development.
(D) Subject to the applicability of Sec. 50.03,
any connection fee for a given residential dwelling
uni t or its equivalent required under this section
shall be paid in full prior to the issuance of any
authorization to connect to the city's water system.
'"
. .
-~--- ---- ~--
Section 4. That Title v, " Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.35,
"Transmission and Storage Fee s" , be and the same is hereby
repealed in its entirety.
Section 5. 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 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
'"
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERi~
v '
SUBJECT: AGENDA ITEM 4/: 1..a.H - MEETING OF JANUARY 8, 1991
ORDINANCE NO. 63-90
DATE: January 2, 1991
This is second and final reading of an Ordinance amending the
Code of Ordinances by amending Chapter 54, "Sewers", by repealing
certain sections with respect to certain connection charges and
service rates and renumbering the remaining sections accordingly.
Essentially, this is a "housekeeping" ordinance to clean up
certain items which have already been addressed via the more
comprehensive Ordinance No. 60-90 on sewer rates and charges.
The Ordinance was passed on first reading by the Commission on
December 11, 1990, with a 5 to 0 vote.
Recommend approval of Ordinance No. 63-90 on second and final
reading.
.
.---- --- -~--~-_._. -- ---. ---- -- - -- -
-----
------ ----- -- ._-~
----- ---
ORDINANCE NO. 63-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND
CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING SECTION 54.31,
"CONNECTION CHARGES; EXCEPTION", SUBSECTION (A),
"CONNECTION CHARGES", PARAGRAPHS (A) (2) (a) THROUGH
(A) (2) (e), INCLUSIVE, AND ALL OF SUBSECTION (B),
"EXCEPTIONS TO CONNECTION CHARGE"; BY REPEALING
SECTION 54.32, "SERVICE RATES AND CHARGES",
SUBSECTION (B) , PARAGRAPH (3) , "SEWERAGE FLOW
DETERMINATION"; BY RENUMBERING SECTION 54.32,
"SERVICE RATES AND CHARGES", SUBSECTION (B),
PARAGRAPH (4), "WREN EFFECTIVE", TO PARAGRAPH (3),
"WHEN EFFECTIVE"; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges", Section 54.31, "Connection
Charges; Exception", Subsection (A), "Connection Charges", Paragraphs
(2) (a) through (2) (e), inclusive, and all of Subsection (B),
"Exceptions to Connection Charge", be, and the same are hereby
repealed.
Section 2. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges", Section 54.32, "Service Rates
and Charges", Subsection (B), Paragraph (3), "Sewerage Flow
Determination", be, and the same is hereby repealed.
Section 3. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges", Section 54.32, "Service Rates
and Charges", Subsection (B), Paragraph (4), "When Effective", be, and
the same is hereby renumbered to be Paragraph (3), "When Effective".
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 upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
'"
. ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM 4/: 1<< A - MEETING OF JANUARY 8, 1991
ORDINANCE NO. 1-91
DATE: January 4, 1991
This is first reading of an Ordinance amending Chapter 4, "Zoning
Regulations" , of the Land Development Regulations of the Code of
Ordinances by decreasing the rear yard setback in the
Neighborhood Commercial (NC) Zoning District from 40 feet to 10
feet. If passed, Public Hearing will be held on January 29,
1991.
This is a privately initiated amendment which will directly
affect the development known as Shoppes of Seacrest, located at
the northwest corner of 22nd Street and Seacrest Boulevard.
The Planning and Zoning Board recommends approval of the request
with notice that while ten feet may become the minimum by code,
an additional setback may be required pursuant to the Site Plan
review process.
".
. '
. ---_:-~==-:-:::~_:.:- --.~.,--~~~_:::::...:.=-~-::=------_._-:::.:::::::.:-.:-- - --- --=-:=~-=====-
ORDINANCE NO. 1-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
~.. REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT
\ DEVELOPMENT STANDARDS" , SUBSECTION 4 . 3 . 4 (K) ,
~. "DEVELOPMENT STANDARDS MATRIX", OF THE LAND DEVELOP-
. MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
~. . CITY OF DELRAY BEACH, FLORIDA, BY DECREASING THE
REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL
ZONE FROM 40 FEET TO 10 FEET; PROVIDING A SAVING
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.3,
"District Regulations, General Provisions" , Section 4.3.4, "Base
District Development Standards", subsection 4.3.4(K), "Development
Standards Matrix", of the Land Development Regulations for the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
SETBACKS
REAR
(ft. )
Neighborhood Commercial NC 49 lQ
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 19___
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
".
) ~
C I T Y COM MIS S ION DOC U MEN TAT ION
.
TO: Q:;jREGO::TY, CITY CLERK
FROM: DAVID J. KOV~' DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
FIRST READING OF AN ORDINANCE ( S) MODIFYING THE TEXT OF
THE LOCAL LAND DEVELOPMENT REGULATIONS ( LDRS)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of Ordinances which Amend
portions of the Land Development Regulations.
This is the first of two general Amendments which the
Commission will be reviewing in January. This one
addresses three private requests and a substantive staff
initiated request. The second amendment is more general
in nature and involves many sections of the LDRs.
Due to the specific nature of these items, the City
Attorney has deemed it appropriate that separate enacting
Ordinances be processed.
BACKGROUND Ii PLANNING AND ZONING BOARD CONSIDERATIONS:
These proposed Amendments ,affect the following:
1. A change in the rear yard setback in the Ne Zone District from
forty feet (40') to ten feet (10').
* A private request which will directly affect development
formally known as the Shoppes of Seacrest (22nd Street @
Seacrest) . The Board recommended approval of the request
with notice that while ten feet may become the minimum by
Code, that an additional setback may be required pursuant
to the Site Plan Review process.
2. A change in the maximum floor area allowed for a single use
under the PC-S designation from 20,000 sq. ft. to 60,000 sq. ft.
'.
~
City Commission Documentation
First Reading Of An Ordinance(s) Modifying the Text Of The Local
Land Development Regulations (LDRS)
Page 2
* A private request which will directly affect the leasing
out of Delray Town Center, Phase II (Linton and Military
Trail). The Board recommended approval based upon
testimony from Shadywoods. The testimony provided support
based upon private agreements which have been separately
entered into.
3. A change in the allowable Conditional Uses in the MIC Zone
District through the addition of eight (8 ) uses.
* This change resulted from a private request which affects
property owned by Ray Ellison which is located on the west
side of Congress, just south of GELCO. The Board
recommended approval and noted that by expanding the range
of uses, activity can occur which will result in the
overall upgrading of the Congress corridor.
4. Addition of items which the Chief Building Official can
approve without first being reviewed by the Site Plan Review
and Appearance Board.
* Section 2.4.5(I)(1)(b) identifies items which the Chief
Building Official may approve without Board review. .--
That current list is being expanded by the addition of
some eighteen (18) specific items. The Planning and
Zoning Board and the Site Plan Review and Appearance Board
both recommended approval. However, each Board did
express caution in the execution of this authority by the
Chief Building Official.
Attached is Documentation, as presented to the Planning and Zoning
Board, regarding each of the above items.
RECOMMENDED ACTION:
By motion, approval of each of the proposed Ordinances based upon
the findings and recommendations of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of December 17th, partial.
DJK/leh
DJK/t74/CCLDR.TXT
'"
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: DECEMBER 17. 1990 c$--
AGENDA ITEM: 1IL~ Land Development Regulations, Text Change
Considerations .'
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation
to the City Commission regarding several proposed amendments
to the LDRs. Section 1.1.6 (page 1.1.3) applies.
BACKGROUND:
When the LDRs were initially considered it was noted that there
will be a continuing need (for awhile) to accommodate changes.
This is the first processing of such changes (other amendments
for specific items have been processed separately e.g. definition
of family, truck parking, second hand sales).
Attached you will find a description of the proposed changes.
MANNER OF PROCEEDING:
Those that deal with private requests should be considered. and
acted upon, individually.
The others need not be individually considered. However, if
there is substantial debate or opposition to an item it should be
acted upon separately.
RECOMMENDED ACTION:
By motion, forward the proposed amendments to the LDRs with a
recommendation of approval pursuant to the Director's
recommendations and comments.
DJK/dlm N~~ ~~
Attachments:
'* List of proposed changes
DJK/#75/PZLDR.TXT
~~-
...
.'
PROPOSED AMEJIDMEIft'S TO THE LARD DEVELOPMEIrl' REGULATIONS (LDRS)
TO BE CONSIDERED BY THE PLANNING AND ZONING BOARD
ON DECEMBER 17, 1990, FOR REVIEW AND RECOMMENDATIONS
TO THE CITY COMMISSION.
FIRST DRAFT OF DECEMBER 9, 1990
SUBJECT TO REVISIONS PRIOR TO THE BOARD MEETING
PRIVATE REQUESTS FOR TEXT CHARGES
1. To change the rear yard setback in the Me Zone District from
forty feet (40') to ten feet (10').
Request is by the owner of property at Seacrest and 22nd. The
pre-LOR zoning was LC which had a setback of ten feet (10'). A
previously approved site plan (now expired) observed a ten foot
setback. The NC Zone District is the only nonresidential zone
district which has a rear yard setback of greater than ten feet
other than RO which has a twenty-five foot requirement. Medium
and Low Density Multi-Family Housing Districts have rear yard
setback requirements of twenty-five feet. Please refer to the
Develo~nt Standards Matrix (pages 4.3.43 & 44 of the LDRS)
for a listing of rear yard setback requirements.
There is opposition from neighboring property owners. See
attached request letter.
Director's Position: Favorable consideration should be given
based upon the rear yard setback requirements for other zone
districts and based upon the existence of "Special District
Boundary Treatment requirements" - LDR Section 4.6.4 (page
4.6.3).
2. To change the maximum allowable floor area for a single tenant
or a single use from 20,000 sq. ft. to 60,000 sq. ft. within the
Planned Commercial Small Scale (PC-S) Zone District. Section
4.4.12(8)(1), Special Regulations PC District, Page 4.4.34.
This request is made by the owner of the only property which is
zoned PC-S, Delray Town Center Phase II. See the attached
letter. Evidently, the leadership of Shadywoods is amicable
to this request.
Director's Position: Provided that an endorsement is made by
Shadywoods, this request should be accommodated. At a later
date, following amendment to the future land use map, this
special regulation should then be deleted and the zoning on the
property chang~d to pc.
- 1 -
".
) .'
~
v' :- ~
L~\
---;Cuhaci & Peterson, Architects, Inc.
200 E. Robinson Street, Suite 400, Orlando, Florida 32801-1955 (407) 422-4076
FAX # (407) 839-0832
12 November 1990
David Kovacs
City of DelRay Beach
100 NW 1st Avenue
DelRay Beach, FL 33444
SHOPPES OF SEACREST CP: 9087
Dear David:
Further to our meeting of 9 November 1990, this letter shall serve as our
formal request to have the required 40' rear yard setback reduced to 10' .
As discussed when entering into the transitional zoning for this property, at
the time, the issue of setbacks were not addressed with the developer and it
has only now been discovered that this 40' setback is required for the
neighborhood commercial zoning which was designated for this particular piece
of property. As in all other commercial zonings within the current city
zoning ordinances, 10' is a standard for this type of land use and therefore
we would request to be granted that same privelage.
Thank you for your consideration. Should there be any further questions or
comments, please do not hesitate to call.
James E. Downs
Project Manager ~'V\f
JED/kh ........
CC: Frank Gulisano r~(
~~
~<? 6 ~V ~11"~~ 1~ 1:rll))
u. \r1 ~~~ \:.i ~
....~ ,~.) ~
) \01>" -
~. N~IJ 14 i,90
~
PLANNii~G & ZO~,;f,;G
Edward J. Cuhacl, OAA, OAQ, MRAIC - CEO
Lonnie G. Peterson, AlA, NCARS cert. - President Michael E. Lynch, AlA, Sr. Associate
James E. Downs, Sr. Associate Anna Marta Scheiner, CAA/SAA. Associate
- - - - - . - - - ----_.-
'.
'; .,
December 2,1990
Dear Board Member,
I a~ the owner of the home located at 2275 N. Swinton,
Delray Beach. This is one of the older homes in Delray,
on 2~ acres, known as the, pruyser Estate.This property
adjoins the land at 2200-~300 Seacrest Blvd. in Delray
Beach. That prooertv was zoned Neighborhood Commercial
with a setback of 10 feet on our line. Several years ayo
they changed it to 40 feet from our adjoining boundary.
We understand that a Red Lion Food store is proposed
for the site with a setback of 10 feet from our line.
We are interested in bringing high end townhouses onto
this site through re-zoning. We feel that the neighbor-
hood has begun a decline to the south and west of our
property because of existing commercial properties on
the N.E. 2nd Ave. area. We feel that you should fight
blight with more upgraded housing rather than overweigh-
ing the community with more commercial development. At
the very least we would want the proposed food store to
have a 40 foot setback to the west with dense landscap-
ing (large trees) and a roof line that is attractive 1. E.
pitched shingle roof etc. adjacent to our property.
Although this project is small in nature we would hope
that we would be given the kind of nrotection th<1t w<:\s
offered to Shady Noods.
Most sincerely yours,
'"'. (..-1' ^
.{&- i-U~ce ii- $,,(. ~.
I '
~~ ~<L~/ ~m(Cm:aWIElID
,- . 4: j~)O
,
. PLAN.\JiNG & ZONING
,"
I .
M E M 0 RAN DUM
~ TO\, MAYOR AND CITY COMMISSIONERS
CITY MANAGER L'fJ/11
"F ROM:
'"
SUBJECT: AGENDA ITEM 4/: '21;- MEETING OF JANUARY 8, 1991
ORDINANCE NO. 2-91
DATE: January 4, 1991
This is first reading of an Ordinance amending Chapter 2,
"Administrative Provisions", of the Land Development Regulations
of the Code of Ordinances by including additional items for which
the Chief Building Official has authority to approve, approve
subject to conditions, or to deny a building permit. If passed,
Public Hearing will be held on January 29, 1991.
Recommend approval of Ordinance No. 2-91 on first reading, in
accordance withe the recommendation of the Planning and Zoning
Board and the Site Plan Review and Appearance Board.
;IM
.
---------- ------------.,---------.-----..-.------.---- .---~-_.._--~-" -" -.----" -
---~-----
______u_ __
------------
ORDINANCE NO. 2-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 ,
"ADMINISTRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL
PROCEDURES", SECTION 2.4.5, "PROCEDURES FOR
OBTAINING DEVELOPMENT APPROVALS", SUBSECTION
2 . 4 . 5 ( I ), "ARCHITECTURAL (APPEARANCE) ELEVATIONS",
SUB-SUBSECTION (1), "RULES", PARAGRAPH ( b), OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY INCLUDING ITEMS WRICH THE CHIEF
BUILDING OFFICIAL HAS AUTHORITY TO APPROVE, APPROVE
SUBJECT TO CONDITIONS, OR TO DENY A BUILDING PERMIT
FOR THE ERECTION OF THOSE ITEMS LISTED; PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.5, "Procedures for
Obtaining Development Approvals", Subsection 2.4.5 (I), "Architectural
(Appearance) Elevations", sub-subsection (1), "Rules", paragraph (b) of
the Land Development Regulations for the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
(b) The Chief Building Official, or his designee, is hereby
delegated the authority to approve, approve subject to
conditions, or deny any building permit for the following
items which would otherwise be subject to (l)(a), above, other
than when such items are associated with initial approval of a
development proposal subject to site and development plan
action:
*----Pefteift~-are~fta-~wimmift~-~eei~
* Features which are not significantly visible from the
public street system
* Facade changes which do not significantly alter the style
or image of a structure
*----B~~~~er-efteie~~re~
* Fences, walls, sheds, gazebos. flaqpoles, screen
enclosures, change of roof material, change of roof
color , public enclosures, si te lighting, awnings,
canopies, construction trailers, decks, handrails
(balcony railings), permanent hurricane shutters, change
in exterior wall openings to accommodate or alter
overhead garage doors, doors, windows, duplex dwellings,
dumpster enclosures and attendant lot landscaping.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
"
. .
-". -- . - - --..-.-. -'.--._-------_.-_.._~. -.--- -----_. ~--~ -- -~--~---- - --
._--,-----_..-
---,~---_._--------,-
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 19 ---
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
\
2 ORD. NO. 2-91
...
.
C I T Y ,C 0 M MIS S ION DOC U MEN TAT ION
TO: Q::TEGO::TY' CITY CLERK
FROM: DAVID J. KOV~' DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
FIRST READING OF AN ORDINANCE ( S) MODIFYING THE TEXT OF
THE LOCAL LAND DEVELOPMENT REGULATIONS ( LDRS)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of Ordinances which Amend
portions of the Land Development Regulations.
This is the first of two general Amendments which the
Commission will be reviewing in January. This one
addresses three private requests and a substantive staff
initiated request. The second amendment is more general
in nature and involves many sections of the LDRs.
Due to the specific nature of these items, the City
Attorney has deemed it appropriate that separate enacting
Ordinances be processed.
BACKGROUND II PLANNING AND ZONING BOARD CONSIDERATIONS:
These proposed Amendments affect the following:
1. A change in the rear yard setback in the NC Zone District from
forty feet (40') to ten feet (lO').
* A private request which will directly affect development
formally known as the Shoppes of Seacrest (22nd Street @
Seacrest) . The Board recommended approval of the request
with notice that while ten feet may become the minimum by
Code, that an additional setback may be required pursuant
to the Site Plan Review process.
2. A change in the maximum floor area allowed for a single use
under the PC-S designation from 20,000 sq. ft. to 60,000 sq. ft.
".
.
.
City Commission Documentation
First Reading Of An Ordinance(s) Modifying the Text Of The Local
Land Development Regulations (LDRS)
Page 2
* A private request which will directly affect the leasing
out of Delray Town Center, Phase II (Linton and Military
Trail). The Board recommended approval based upon
testimony from Shadywoods. The testimony provided support
based upon private agreements which have been separately
entered into.
3. A change in the allowable Conditional Uses in the MIC Zone
District through the addition of eight (8) uses.
* This change resulted from a private request which affects
property owned by Ray Ellison which is located on the west
side of Congress, just south of GELCO. The Board
recommended approval and noted that by expanding the range
of uses, activity can occur which will result in the
overall upgrading of the Congress corridor.
4. Addition of items which the Chief Building Official can
approve without first being reviewed by the Site Plan Review
and Appearance Board.
* Section 2.4.5(I)(1)(b) identifies items which the Chief
Building Official may approve without Board rev ie", - ---
That current list is being expanded by the addition of
some eighteen (18) specific items. The Planning and
zoning Board and the Site Plan Review and Appearance Board
both recommended approval. However, each Board did
express caution in the execution of this authority by the
Chief Building Official.
Attached is Documentation, as presented to the Planning and Zoning
Board, regarding each of the above items.
RECOMMENDED ACTION:
By motion, approval of each of the proposed Ordinances based upon
the findings and recommendations of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of December 17th, partial.
DJK/leh
DJK/'74/CCLDR.TXT
".
.
STAFF INITIATED TEXT CHANGES WHICH HAVE SOME SIGNIFICANCE
1- Section 2.4.5(I)(1)(b), Authority of the Chief Building
Official reo Architectural Elevations, Page 2.4.44.
ADD the following items to the list:
Fences, Walls, Sheds, Gazebos, Flag Poles, Screen
Enclosures, Change of Roof Material, Change of Roof Color,
Pump Enclosures, Site Lighting, Awnings, Canopies,
Construction Trailers, Decks, Hardrails (balcony
railings), Permanent Hurricane Shutters, Changes in
exterior wall openings to accommodate or alter overhead
garage doors, doors, windows, Duplex dwellings and
attendant lot landscaping.
Director.s Position: There has always been an intent to make
additions to the list originally included in the LDRS. This
list was prepared by the Chief Building Official and the
Director of Community Improvement. It will be reviewed by the
Site Plan Review and Appearance Board on December 19th.
2. Section 4.6.4(B)(3), Special District Boundary Treatment,
Industrial Areas, Page 4.6.5.
DELETE the existing provision (a) and REPLACE with the
following:
(a) In addition, the following method of screening shall be
provided:
(i) If the Site Plan Review and Appearance Board
determines that the architectural elevation facing
I-95 and the Railroad right-of-way is an aesthetic
asset to the corridor, the perimeter landscaping
shall consist of the following:
Shade trees 30 feet 'on center' and a continuous
hedge to be maintained at a minimum height of 4 feet.
Shade trees shall be a minimum of 12 feet in height
with a 6 foot spread at the time of installation.
Hedge materials shall be a minimum of 2 feet in
height at time of installation.
(ii) If the SPRAB determines that the architectural
elevation facing 1-95 and the Railroad right-of-way
lends itself more to the industrial function of the
building, and does not provide an aesthetic asset to
the corridor, the perimeter landscaping shall consist
of the following:
- 3 -
". 1_'1'
'"
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'J7!1
SUBJECT: AGENDA ITEM 4/: lac!'" - MEETING OF JANUARY 8, 1991
ORDINANCE NO. 3-91
DATE: January 4, 1991
This is first reading of an Ordinance amending Chapter 4, "Zoning
Regulations", of the Land Development Regulations of the Code of
Ordinances by increasing the maximum allowable floor area for a
single tenant or a single use from 20,000 sq. ft. to 60,000 sq. ft
within the Planned Commercial Small Scale (PC-S) Zoning District.
If passed, Public Hearing will be held on January 29, 1991.
This is a privately initiated amendment which will directly
affect the leasing out of Delray Town Center, Phase II (Linton
and Military Trail).
The Planning and Zoning Board recommends approval of the request
based upon testimony from Shadywoods. The testimony provided
support based upon private agreements which have been separately
entered into.
Recommend approval of Ordinance No. 3-91 on first reading.
".
. .
I
I I
ORDINANCE NO. 3-91 I
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
I REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT",
SECTION 4.4.l2, "PLANNED COMMERCIAL (PC) DISTRICT",
SUBSECTION 4.4.l2(H)(l), "SPECIAL REGULATIONS", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
INCREASING THE :'ii\.:a:::::;1-i ALr,O'~ABLE FLOOR AREA FOR A
I SINGLE TENANT OR A SINGLE USE FROM 20,000 SQ. FT. TO
I
60,000 SQ. FT. WITHIN THE PLANNED COMMERCIAL SMALL
SCALE (PC-S) ZONE DISTRICT; PROVIDING A SAVING
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.l2, "Planned Conunercial (PC)
District", subsection 4.4.12(H)(1), "Special Regulations", of the Land
Development Regulations for the City of nelray Beach, Florida, be, and
the same is hereby amended to be read as follows:
(H) Special Regulations:
(1) Where it is appropriate to limi t the type,
character, or intensity of use within a PC development, this may be
accomplished by affixing the added designation of "s" (Small Scale)
to the PC designation (i.e. PC-S). In such designated development,
the maximum floor area which can be allocated to a single tenant or
specific use, singularly or in the aggregate, shall not exceed
II ~9,ge9 60,000 square feet. (e.g. although retail sales may exceed
~9,999 60,000 sq. ft. , the retail sale of home furnishings shall
not exceed ~9,ege 60,000 sq. ft.) .
Section 2. That should any section or provision of this
ordinance or any portion thereof, any par agr aph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 19 --- .
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
...
C I T Y .C 0 M MIS S ION DOC U MEN TAT ION
TO: Q::jREGO::Y, CITY CLERK
FROM: DAVID J. KOV~' DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
FIRST READING OF AN ORDINANCE ( S) MODIFYING THE TEXT OF
THE LOCAL LAND DEVELOPMENT REGULATIONS ( LDRS)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of Ordinances which Amend
portions of the Land Development Regulations.
This is the first of two general Amendments which the
Commission will be reviewing in January. This one
addresses three private requests and a substantive staff
initiated request. The second amendment is more general
in nature and involves many sections of the LDRs.
Due to the specific nature of these items, the City
Attorney has deemed it appropriate that separate enacting
Ordinances be processed.
BACKGROUND & PLANNIlfG AND ZONING BOARD CONSIDERATIOlfS:
These proposed Amendments affect the following:
1- A change in the rear yard setback in the NC Zone District from
forty feet (40') to ten feet (10').
* A private request which will directly affect development
formally known as the Shoppes of Seacrest (22nd Street @
Seacrest) . The Board recommended approval of the request
with notice that while ten feet may become the minimum by
Code, that an additional setback may be required pursuant
to the Site Plan Review process.
2. A change in the maximum floor area allowed for a single use
under the PC-S designation from 20,000 sq. ft. to 60,000 sq. ft.
,.
City Commission Documentation
First Reading Of An Ordinance(s) Modifying the Text Of The Local
Land Development Regulations (LDRS)
Page 2
* A private request which will directly affect the leasing
out of Delray Town Center, Phase II (Linton and Military
Trail). The Board recommended approval based upon
testimony from Shadywoods. The testimony provided support
based upon private agreements which have been separately
entered into.
3. A change in the allowable Conditional Uses in the MIC Zone
District through the addition of eight (8) uses.
* This change resulted from a private request which affects
property owned by Ray Ellison which is located on the west
side of Congress, just south of GELCO. The Board
recommended approval and noted that by expanding the range
of uses, activity can occur which will result in the
overall upgrading of the Congress corridor.
4. Addition of items which the Chief Building Official can
approve without first being reviewed by the Site Plan Review
and Appearance Board.
* Section 2.4.S(I)(1)(b) identifies items which the Chief
Building Official may approve without Board review. . --...
That current list is being expanded by the addition of
some eighteen (18) specific items. The Planning and
Zoning Board and the Site Plan Review and Appearance Board
both recommended approval. However, each Board did
express caution in the execution of this authority by the
Chief Building Official.
Attached is Documentation, as presented to the Planning and Zoning
Board, regarding each of the above items.
RECOMMENDED ACTION:
By motion, approval of each of the proposed Ordinances based upon
the findings and recommendations of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of December 17th, partial.
DJK/leh
DJK/174/CCLDR.TXT
".
.
PROPOSED AMEImMEII'l'S TO THE LARD DEVELOPMEIIT REGULATIONS (LDRS)
TO BE CONSIDERED BY THE PLANNING AND ZONING BOARD
ON DECEMBER 17, 1990, FOR REVIEW AND RECOMMENDATIONS
TO THE CITY COMMISSION.
FIRST DRAFT OF DECEMBER 9, 1990
SUBJECT TO REVISIONS PRIOR TO THE BOARD MEETING
PRIVATE REQUESTS FOR TEXT CHARGES
1- To change the rear yard setback in the IfC Zone District from
forty feet (40') to ten feet (10').
Request is by the owner of property at Seacrest and 22nd. The
pre-LDR zoning was LC which had a setback of ten feet (10'). A
previously approved site plan (now expired) observed a ten foot
setback. The NC Zone District is the only nonresidential zone
district which has a rear yard setback of greater than ten feet
other than RO which has a twenty-five foot requirement. Medium
and Low Density Multi-Family Housing Districts have rear yard
setback requirements of twenty-five feet. Please refer to the
Develop.ent Standards Matrix (pages 4.3.43 & 44 of the LDRS )
for a listing of rear yard setback requirements.
There is opposition from neighboring property owners. See
attached request letter.
Director's Position: Favorable consideration should be given
based upon the rear yard setback requirements for other zone
districts and based upon the existence of "Special District
Boundary Treatment requirements" - LDR Section 4.6.4 (page
4.6.3).
2. To change the maximum allowable floor area for a single tenant
or a single use from 20,000 sq.ft. to 60,000 sq. ft. within the
Planned Commercial Small Scale (PC-S) Zone District. Section
4.4.12(8)(1), Special Regulations PC District, Page 4.4.34.
This request is made by the owner of the only property which is
zoned PC-S, Delray Town Center Phase II. See the attached
letter. Evidently, the leadership of Shadywoods is amicable
to this request.
Director's Position: Provided that an endorsement is made by
Shadywoods, this request should be accommodated. At a later
date, following amendment to the future land use map, this
special regulation should then be deleted and the zoning on the
property chang~d to PC.
- 1 -
".
- .- --- -
.
November 21, 1990
CITY OF DELRAY BEACH
100 N.W. 1st Avenue
Delray Beach, FL 33444
ATTN: MR. DAVID J. KOVACS, PLANNING DIRECTOR
RE: RBQt1ES'1' FOR .AMll:NDMEN'l' '1'0 CI'l'Y ZONING CODE '1'0 CHANGE
MAXIMUM INDIVIDOAL '1'ENAN'1' SPACE rROM 20,000 SQOARE rEE'1'
'1'0 60,000 SQOARE rEE'1'
Dear David:
Please accept this letter as a formal request f0r the City to
- initiate an amendment to the Zoning Code, to change the maximum
allowable individual tenant space size in the PC-S Zoning District
from 20,000 square feet to 60,000 square feet. This change will
effect only the eastern half of the Delray Town Center project,
since we believe that this property is the only parcel in the City
Zoned PC-So
As we have discussed in the past, the 20,000 square feet maximum
for tenant space now in the code is not appropriate to accommodate
the feasible development of a retail center. Local tenants
generally utilize between 8,000 square feet and 10,000 square feet,
and anchor spaces need between 30,000 square feet and 65,000 square
feet. Very few potential users would occupy a space between 10,000
square feet and 30,000 square feet. As you are also aware, it is
essential for a shopping center to have solid anchor tenants to be
successful. It is generally desirable to have two or more anchors,
depending on the size of the center.
It is understood that the reason the square footage maximum was
placed in the PC-S district was to prevent an adverse impact
potential on adjacent residential development. In the case of the
- Delray Town Center project, however, the shopping center activity
is buffered from the Shadywoods development by a significant lake
area, a privacy wall, and an extensive landscape program. These
features assure a much better buffering program than could ever be
accomplished by square footage limitations. In addition, placing
a 60,000 square foot tenant space limitation in the code will
prevent the possibility of locating one of the new generation of
"Super Stores" on the site, which generally occupy over 100,000
square feet of space for a single user. Therefore, major stores
such as Wal-Mart, Costco, Home Depot and Builders Square could not
be accommodated on this site.
if" - , "'-. Urben Urblln PlMnlng
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15128.13 ( :,' ; :,_5~ "- ~ '( . ;,~IT)~ DesJon lIIndacepe Architecture
Studio Or.pllle DesIon
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J. ~ '.,~.~. ~~..'~i 2000 Palm Beach Lakes Boulevard
,\U'v 27 SUIte 600 The Concourse
,;)0 West Palm Beach, Florida
33409-6582
407 689 0066
PLAN~'''''' &.-'" Stuart. FL 4C7 2830022
. ii";\,] . .!..vNING ~Je"'oor: Be3C" CA .." -:42 '~9i:
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.
November 21, 1990
Page Two
We have met with representatives of the Shadywoods Homeowners
Association concerning the requested modification to the Zoning
Code. The conclusion of our discussions is the Association has
agreed to not object to the Code change. We are not proposing to
change the building footprint. However, we have agreed to further
enhance the landscaping along the east side of the lake, and to
relocate loading spaces presently approved along the east side of
the building to the north side of the building.
We would appreciate your placing this matter on the agenda for
public hearings by the Planning Commission and City Council at your
earliest convenience. Thank you in advance for your assistance on
this matter.
Very truly yours,
ORBAN . DBSI~ S'1'OD~
r--.. ~4-c l~ ,) ,
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'" -
Robert E. Basehart
Principal
REB/pl
cc: Dan Mi teff, The pugliese Co.
J . P. Ma rt e 1 , Shadywoods
15128.13
'"
.. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Pi.
SUBJECT: AGENDA ITEM 4/: I.a1) - MEETING OF JANUARY 8, 1991
ORDINANCE NO. 4-91
DATE: January 4, 1991
This is first reading of an Ordinance amending Chapter 4, "Zoning
Regulations" , of the Land Development Regulations of the Code of
Ordinances by repealing Section 4.4.19(D) and enacting a new
Section 4.4.19(D), "Conditional Uses and Structures Allowed", to
provide provisions for conditional uses and structures allowed in
the Mixed Industrial and Commercial (MIC) Zoning District.
Basically, this change will modify the allowable conditional uses
in the MIC District through the addition of eight ( 8) use s . If
passed, Public Hearing will be held January 29, 1991.
This is a privately initiated request which affects property
located on the west side of Congress Avenue, just south of GELCO.
The Planning and Zoning Board recommends approval and notes that
by expanding the range of uses, activity can occur which will
result in the overall upgrading of the Congress Avenue corridor.
-
".
. .
ORDINANCE NO. 4-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT",
SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL
(MIC) DISTRICT", SUBSECTION 4.4.19(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY 3D,;:::::, ::-:';:'"IDA BY :;':.E?:::'Ar.ING SECTION
4.4.19(D) AND ENACTING A ~:EH :::::C'I'::::ON 4.4.19(D),
"CONDITIONAL USES AND STRuCTURES ALLOWED", TO
PROVIDE PROVISIONS FOR CONDITIONAL USES AND
STRUCTURES ALLOWED IN A MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT; PROVIDING A SAVING
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning Districts", Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District, subsection 4.4.19(D), "Conditional Uses and
Structures Allowed", of the Land Development Regulations for the City of
Delray Beach, Florida, be, and the same is hereby repealed and a new
Section 4.4.19 (D), "Conditional Uses and Structures Allowed" is hereby
enacted to be read as follows:
(D) Conditional Uses and Structures Allowed. The following
uses are allowed as conditional uses within the MIC Zone District:
(1) Garages and lots for the parking and storage of vehicles,
including the storage of light trucks, up to, and
including, two-ton trucks,
(2) kennels, no on-site disposal of carcasses,
(3) lumberyards,
(4) monument and ornamental stone cutting,
(5) rental and sales of modular buildings,
(6) resource recovery facilities, pursuant to provisions of
Section 4.3.3(F),
(7) Storage and rental of light construction equipment not
over twenty-four feet (24') long, eight feet (8') wide,
and ten feet (10') high, and
(8) towing services and attendant storage.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
".
.
--- - . - --"- _.-- ------.-- -----
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 19 ---
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 4-91
". 1,;(,
C I T Y .C 0 M MIS S ION DOC U MEN TAT ION
TO: Q::jR~::Y' CITY CLERK
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
FIRST READING OF AN ORDINANCE ( S) MODIFYING THE TEXT OF
THE LOCAL LAND DEVELOPMENT REGULATIONS ( LDRS)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of Ordinances which Amend
portions of the Land Development Regulations.
This is the first of two general Amendments which the
Commission will be reviewing in January. This one
addresses three private requests and a substantive staff
initiated request. The second amendment is more general
in nature and involves many sections of the LDRs.
Due to the specific nature of these items, the City
Attorney has deemed it appropriate that separate enacting
Ordinances be processed.
BACKGROUND Ii PI...ANHING AND ZONING BOARD CONSIDERATIONS:
These proposed Amendments affect the following:
1- A change in the rear yard setback in the NC Zone District from
forty feet (40') to ten feet (10').
* A private request which will directly affect development
formally known as the Shoppes of Seacrest (22nd Street @
Seacrest) . The Board recommended approval of the request
with notice that while ten feet may become the minimum by
Code, that an additional setback may be required pursuant
to the Site Plan Review process.
2. A change in the maximum floor area allowed for a single use
under the PC-S designation from 20,000 sq. ft. to 60,000 sq. ft.
".
'"
City Commission Documentation
First Reading Of An Ordinance(s) Modifying the Text Of The Local
Land Development Regulations (LDRS)
Page 2
* A private request which will directly affect the leasing
out of Delray Town Center, Phase II (Linton and Military
Trail). The Board recommended approval based upon
testimony from Shadywoods. The testimony provided support
based upon private agreements which have been separately
entered into.
3. A change in the allowable Conditional Uses in the MIC Zone
District through the addition of eight (8) uses.
* This change resulted from a private request which affects
property owned by Ray Ellison which is located on the west
side of Congress, just south of GELCO. The Board
recommended approval and noted that by expanding the range
of uses, activity can occur which will result in the
overall upgrading of the Congress corridor.
4. Addition of items which the Chief Building Official can
approve without first being reviewed by the Site Plan Review
and Appearance Board.
* Section 2.4.5(I)(1)(b) identifies items which the Chief
Building Official may approve without Board revie~ .--.
That current list is being expanded by the addition of
some eighteen (18) specific items. The Planning and
Zoning Board and the Site Plan Review and Appearance Board
both recommended approval. However, each Board did
express caution in the execution of this authority by the
Chief Building Official.
Attached is Documentation, as presented to the Planning and Zoning
Board, regarding each of the above items.
RECOMMENDED ACTION:
By motion, approval of each of the proposed Ordinances based upon
the findings and recommendations of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of December 17th, partial.
DJK/leh
DJK/f74/CCLDR.TXT
". 1>1'
'"
3. To add uses to the MIC Zone District as conditional uses.
Section 4.4.19(0), Page 4.4.61.
This subject was discussed by the Board in a work session when
it was realized that GELCO had become a nonconforming use upon
adoption of the LORS. There was a consensus of the Board to
consider some uses in the MIC zone district which would involve
some measure of outside activity. The following represents the
proposed changes and additions.
DELETE the existing text in Section 4.4.l9(D) and REPLACE with
the following:
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the MIC Zone
District.
( 1) Garages and lots for the parking and storage of
vehicles including the storage of light trucks, up
to, and including two-ton trucks
(2 ) Kennels, no on-site disposal of carcasses
(3) Lumberyards
(4 ) Monument and ornamental stone cutting
(5) Rental and sales of modular buildings
(6 ) Resource recovery facilities,pursuant to provisions
of Section 4.3.3(Z)
(7 ) Storage and Rental of light construction equipment
not over twenty-four feet {24'} long, eight feet (8')
wide, and ten feet (lO') high
{8 } Towing services and attendant storage
Director's Position: The above list was extracted from
conditional uses allowed in the Industrial District (pages
4.4.65 & 66). Based upon Board direction, the above list -
with or without modification - should be included in this
amendment.
- 2 -
".
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 19, 1990 ~\)~
AGENDA ITEM:. V. C. Outside Uses in the MIC District V
ITEM BEFORE THE BOARD:
The item before the Board is that of policy direction with
respect to future land use in the Congress Avenue corridor.
The item exists because of an inquiry as to the ability to
expand and exiting use (GELCO) onto vacant, adjacent
property immediately to its south. Please see the letter
from Frank Kreidler (copy attached).
Prior to the Special Advisory Board making a formal
determination regarding Mr. Kreidler's letter, the sUbject
is placed before the Board for discussion of the policies
and directions which are involved.
BACKGROUND:
When the Comprehensive Plan's Future Land Use Map was created,
much of the land which was theretofore shown as Industrial was
changed to Commerce. The Commerce designation is for "property
which is developed, or is to be developed, in such a manner as to
accommodate a mix of industrial, service, and commercial uses.
This may be done either through development of existing parcels
or through a planned concept". The zoning districts which are
deemed consistent with the Commerce designation are:
* Mixed Commercial and Industrial (MIC); and,
* Planned Commerce Center (PCC).
(See pages III-G-43 and 44 of the Land Use Element regarding
description of the Commerce and Industrial designations.)
Also, Policy A-l.4 of the Land Use Element states:
'" Commerce' Land Use which involves a mix of light
industrial, commercial uses, and research and development are
the most needed land uses during the City's final stage of
build-out. Thus, changes to the Land Use Map which diminish
this land use are discouraged".
When the Land Development Regulations which were to fully
implement the Plan, were developed, the MIC Zone District
accommodated only those industrial uses which are allowed as
principal uses in the Industrial Zone District. It does not
include conditional uses from that district. Also, at present,
there are no conditional uses accommodated in the MIC District.
The industrial operations which are allowed as principal uses
within the Industrial District are, pursuant to 4.4.20(G), to be
".
.
P&ZStaff Report
Outside Uses in the MIC District
Page 2
"conducted wholly within an enclosed building except for
unloading and loading of materials and outside storage, including
storage of automobiles, pursuant to (G)(l), above".
.
Upon adoption of the LDRs, the zoning for the area in ql+estion
was changed from LI to MIC and the GELCO operation became
nonconforming.
Thus, it appears there was an intent to change the future land
use and development pattern for the Congress corridor with
respect to industrial types of land use. If this is the
situation, then in order for GELCO to expand it would be
necessary to first considered a formal Amendment to the
Comprehensive Plan. However, if the Board feels there was not
such an intent, then we may consider amendments to the tORs.
Such amendments could include:
1. That all Industrial land uses be allowed in the MIC
Zone District in the same manner that they are
acconunodated in the I District i.e. as principal and
conditional uses.
2. That some of the uses which are allowed as conditional
uses in the I District be allowed as conditional uses
in the MIC District. If this course is taken, the
Board should identify the uses which are appropriate to
be so considered. There needs to be a rationale basis
for differentiating between those that are allowed and
those which remain prohibited.
RECOMMENDED ACTIONS:
Because this item is one of review and interpretation of the
policy implications of the Comprehensive Plan, there is not a
staff recommendation.
However, the appropriate way to consider the item is to:
First, determine whether or not the LDRs properly implement the
intent of the Comprehensive Plan. If so, no further action is
appropriate.
If not, then provide direction (from above) as to how the intent
is to be acconunodated.
Attachments:
* Kreidler letter of October 9, 1990
* Copy of portion of zoning map showing MIC zoning along
Congress between Atlantic and Lake Ida Road
* LOR Pages 4.4.65 and 4.4.66 (Industrial Zone - List of
Conditional Uses
'"
'"
.
. .
FRANK A. KREIDLER
ATTORNEY AT LAW
12 SOUTH DIXIE HWY.. SUITE 204
LAKE WORTH. FLORIDA 33460-3737
. TEL: 407-~86-6226 FAX: 407-~88-1227
October 9 I 1990 Mr. David Kovacs, Planning Director
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Fl. 33444
Res Property Owned by Ray Ellison
City of Delray Beach
Dear Mr. Kovacs:
Mr. Ellison's architect was recently preparinq the site plan
to allow GELCO to lease the northern most ninety feet of Mr.
Ellison's property on the west side of Conqress Avenue, so GELCO
could expand the storage of its temporary units.
Mr. Bollinq, the architect was told that the new land use
regulations, and specifically the HIC zone, would not allow the
expansion of a conditional use such as GELCO's.
I also understand that the city is planninq amendments to
the land use regulations as they become aware of problems in the
initial enactment. I suqgest an amendment to the HIC
classification allowinq GELCO's expansion would be a reasonable
and appropriate amendment. I would ask you to include this
chanqe in the first available amendment to the regulations.
Thank you very much for your cooperation in this matter.
. ~ery ~rulY~Our~/
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\1 4\. ~~,,~~ v... ~~ <.1 .. ,.. .. .
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.. ,," ~ . ._"..- _ i- -. -~ -
. o~ s\n~ ~ ~ "..,. AJ.L.WU< , ~ FRAmt A. KREIDLER
~.\,- so~~ <Ow. Ol... ~ .. '- ~,...J. ICA&. .;. }II~
FAK/tp <Z) e....., ~l.... ~ ~ ~ I ~ "jN.- -
cc: Mr. Ray Ellison ..~.:~,-.-,.., . '~l_;f\
Mr. Roqer Bollinq '.'.:j
4~~' ~ '/"p . . , "
-.... ~-', :
Mr. Whi tney Hopper ---- :......
,.,..,:,....
Mr. Teri\ Arline, Esq. V ,";', 10 rHQ
D:\f\ci_a\ell director.pla oJ iJ .
. . '"
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.__ ., '''l\I\\~ ~ L"; I
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
,
SUBJECT: AGENDA ITEM 4/: - MEETING OF JANUARY 8, 1991
ORDINANCE NO. 5-91
DATE: January 4, 1991
This is first reading of an Ordinance amending Title 3,
"Administration" , Chapter 30, "City Commission" of the Code of
Ordinances by amending Section 30.15,"Waivers of City Ordinances",
by adding a new subsection 30.l3(C) to provide for the imposition
of a fee to cover advertising and administrative costs associated
with processing the waiver application. If passed, Public Hearing
will be held January 29, 1991.
Recommend approval of Ordinance No. 5-91 on first reading.
".
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 04,91 11:46 P.02
. '.~ ..... -:-:.....
'. "1;.-:
, "',, \
. .... ..01".;2'... _
[ITY OF DELAAY BEA[lI,.tp? ' . ·
I "''',t'I,~~~'~:'':I~'I~J
CITY mORNEY'S OFFICE 310 S.E. lit STR!ET, SUITE 4 · DF,LRAY REACH. FLORIDA 33483
407/243-7090 . TELECOPIER 407/2784755
MEMORANDUM
.
Date: January 4, 1991
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Ordinance No. 5-91
In accordance with the City Commission's request, this
ordinance has been drafted in order to assist the city in
defray1ng the cost associated with waiver applications. Due to
the nature of the wa! ver procedure, the Cl ty has been pay1ng
all of the advertising costs associated with the notification
requirements contained in Title 3, section 30. 15 of the c1 ty
Code of Ordinances. As a result of the numerous waiver
requests that have been presented, the city has has been
expending a considerable amount of funds to process and publish
the notification of the waiver request. In order to alleviate
this financial burden, this ordinance provides for a $100
processing fee to cover all publication and processlo9 costs
associated with a waiver request. This fee will be submitted
at the same time that the wavier request is made.
!)NT. sh
Attaohment
ee: David Harden, City Manager
'.
'"
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 04,91 11:47 P.03
" ...
. ~
U \J
ORDINANCB NO. 5-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OJ!:LRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI-
STRATION" , CHAPTER 30, "CITY COMMISSION", OF THE
CODE OF ORDINANCBS OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 30.15, "WAIVERS OF CITY
ORDINANCES", BY ADDING A NEW SUBSECTION 3 0 . 15 ( C) TO
PROVIDE FOR THE IMPOSITION OF A FEE TO COVER
ADVERTISING ANI> ADMINISTRATIVE COSTS ASSOCIATED WITH
PROCESSING THE WAIVER APPLICATION; PROVIDING A
SAVING CLAUSEi PROVIDING A GENERAL REPEALER CLAUSE:
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission is aware of the number of waiver
applications submitted for its consideration.
WHEREAS, the City commission recognizes that the number of
waiver applications has reaulted in an increase in the amount of time
and money spent to process and advertise these applications.
WHEREAS, the city commisslon desires to impose a fee to cover
the expenditures associated with the processing and advertising of
waiver applications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY SEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, "Administration", Chapter 30, "City
Commission", SectIon 30.15, "Waivers of City Ordinances", of the Code of
ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new sUbsection (C) to read as follows:
eC) The peraon.-- eer:fO......l01. 4_ 1_. 1 eft\!~ making the waiver
request shall submit a $100.00 processing fee for each waiver
request.
Section 2. That should any section or provision of this
ordinance or any portion thereof, an~ paragraph, sentence, or word be
declared by a court of competent urisdiction to be invalid, such
deciden shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be lnvalid. I
section 3. That all ordinance. or parts of ordinances which i
are in conflict herewith are hereby repealed.
Section 4. That th18 ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular se..ion on second and final
reading on this the ____ day of , 19_.
MAYOR
A'1"1'EST:
City Clerk
Firat Reading
Second Reading
".
-
[ITY DF DELRAY BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243 7'J:.
MEMORANDUM
TO: Jeff Kurtz, City Attorney
-;t )1
FROM: David T. Harden, City Manager tl'--' '
SUBJECT: ADVERTISING COST FOR ORDINANCE WAIVERS
DATE: November 27, 1990
At the pre-agenda meeting last week, I learned that we do not charge
anyone for the cost of advertising required for requested waivers of
City ordinances. I believe that we should and would like to propose an
ordinance for consideration by the City Commission.
Please draft an appropriate amendment to subsection 30.15 of the City
code requiring persons applying for waivers to City ordinances to pay
the associated advertising cost. Another alternative would be to set a
specific fee, which would be sufficient to pay the advertising cost in
all cases. The City Clerk's office should be able to tell you what the
normal advertising costs are for such waiver requests.
DTH:mld
c: City Clerk
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THE EFFORT ALWAYS MATTERS
[ITY DF DELHAY BEA[H
100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
Administrative Services
SUBJECT: Agenda Item # 12 F - Meeting January 8, 1991 -
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Purchasing Ordinance Revision
DATE: December 26, 1990
.-
ACTION
City Commission is requested to approve on first reading an ordinance
revision to Section 36.02 "Acquisition of Personal Property, Supplie~
or Contractual Services. "
BACKGROUND
Staff is proposing changes to the existing purchasing code. The
intent of these changes is to try to assist in making the purchasing
process more effective and efficient, and to streamline and simplify
the process while maintaining adequate accountability and control. A
summary of the changes is as follows:
1. Section 36.02(A) Requires that an attempt is made to obtain
two (2 ) quotes for purchases more than $100 and less than
$1,000.
2. Section 36.02(c) Provides for an award of the bid for
purchases of more than $6,000 and less than $10,000, after
receipt of three (3 ) written quotes or the use of a ..
cooperative purchasing . contract versus formal bid
procedures.
It is estimated that by revising the policy for purchases over $6,000
but less than $10,000 approximately $2,000 per year in advertising
costs and one (1) week per month of the bid specialist's time would be
saved. The time saving will be needed to offset time needed to
process additional bids associated with the bond projects.
RECOMMENDATION
Staff recommends Commission approval of changes on first reading.
RAB:kwg
Twc:: J:C::C::/"'IDT l\ I ,^,^ve I\n ".,CDe-
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___.__ .__.___n____ ._._._.______._n.._____ ______.____..______. ~~__~__... _~_______..__._u____.______ ._-_.__
ORDINANCE NO. 6-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION",
CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS",
SUBHEADING "CITY PURCHASING" , OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
36.02, "ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR
CONTRACTUAL SERVICES" , SUBSECTION (A) TO PROVIDE THAT
PURCHASES COSTING MORE THAN $100 BUT LESS THAN $1,000 MAY
BE AWARDED BY THE PURCHASING OFFICER PROVIDED AN ATTEMPT
IS MADE TO OBTAIN TWO ( 2) QUOTES WHENEVER PRACTICAL; BY
AMENDING SECTION 36.02 (B) TO PROVIDE THAT PURCHASES
COSTING $1,000 OR MORE BUT LESS THAN $6,000 MAY BE
AWARDED BY THE PURCHASING OFFICER SUBJECT TO CITY MANAGER
APPROVAL AND SUBJECT TO CERTAIN CRITERIA; BY AMENDING
SECTION 36.02 (c) TO PROVIDE CRITERIA FOR AWARD OF BID
FOR PURCHASES OF MORE THAN $6,000 AND LESS THAN $10,000;
BY REPLACING THROUGHOUT SECTION 36.02 REFERENCE TO
PURCHASING ADMINISTRATOR WITH PURCHASING OFFICER;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Title III, "Administration'" Chapter 36,
"Finance; City Property Transactions", Subheading "City Purchasing" ,
Section 36.02, "Acquisition of Personal Property, Supplies or
Contractual Services", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Sec. 36.02 ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR
CONTRACTUAL SERVICES
Whenever the City shall seek to acquire personal
property, supplies, or contractual services, the
following procedures shall be implemented by the
Purchasing Aem~"~~~re~or Officer:
(A) For acquisitions of personal property, supplies, or
contractual services costing under $1,000, purchases may
be llla:ee awarded by the Purchasing Aell'l~I'\~~~re~or Officer
to the best competent vendor without Hie "eee~~1:~Y o~
fel!'II'IEl~ !teB:%ee eOIl'l~e~~~~Ye l!l~ee~l'\~ ~roeeel1re~ C~ ty
Manager or Commission review. However, the Purchas1ng
Off1cer or Department Head will, insofar as it is
ractical, obtain two (2) uotat10ns, e1ther oral or
wr1tten, or purchases between $100 and $1,000.
(B) For acquisitions froll'l costing $1,000 el'\e or more but
less than $6,000, purchases SftEl%% I!le II'IElee may be awarded
by the Purchasing Aell'l~"~~~re~or Officer wi~ftol1~ e1:~Y
Sellllll:i,ss:i,ol'\ reY:i:ew Ol'\%y after the purchase has been
approved by the City Manager or his designee and after
the Purchasing Aell'l:i:I'\~!t~rEl~or Officer or his designee has
either:
(1) Solicited competitive bids/quotes, verbally
or in writing, e~ ~fte Pl1refte~:i:"~ Aemi":i:~~re~or'''s
Q;i,sel!'e~:i,ef\7 from at least three different sources of
supply, when available; or
( 2) Utilized a purchasing contract established
by a local, state, or federal governmental agency or
cooperative purchasing group.
''"
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~. --._- -.--.--..-...-- --'--.'---"- ---.._._.__._-_.~._------------- ---.. ---------
(C) For acquisitions of costing $6,000 ~"e or more but
less than $10,000, purchases may be m~ee awarded by the
Purchasing Aam:i:":i:e~r-~~or- Officer to the low responsible
bidder, subject to J!lr-:i:or- C~ ty Manager approval. Where
the proposed ~w~r-eee e:i:aeer- award is not to the low
bidder, the bids/quotes shall go to the City Commission
for review and award. B:i:eerqtto~ee ehaii ee eeettr-ee :i:1'l
~fte metl'l"er- pr-e!ler-:i:eee :i:n e:i:v:i:!l:i:e" -tElt of ~h:i:!l !leet::i:eI'l~
Awards will be made only after the Purchasing Officer or
his designee has either:
(1) Solicited competitive bids/quotes, in
writing, from at least three different sources of supply,
when available; or
(2) Utilized a purchasing contract established
by a local, state, or federal governmental agency or
cooperative purchasing group.
(D) For acquisitions of $10,000 and up, purchases shall
be made by the Purchasing Aem:i:n:i:!;l~r-~~er- Officer after
the Commission has reviewed and awarded the b~d7quote.
Bids/quotes shall be secured in the manner prescribed in
Division (E) of this section.
(E) Conditions for securing formal bids/quotes. The
Purchasing Aem:i:":i:!lt:r-at:er- Officer shall either:
(1) Solicit competitive bids/quotes in a formal
written manner from at least three different sources of
supply when available; or
(2) Utilize a purchasing contract established by
a local, state, or federal governmental agency or
cooperative purchasing group.
Section 2. That throughout Section 36.02, "Acquisition of
Personal Property, Supplies or Contractual Services", reference to
Purchasing Administrator shall be replaced with Purchasing Officer.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
M A Y 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 6-91
'"
\
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 12<4-- MEETING OF JANUARY 8, 1991
ORDINANCE NO. 7-91
DATE: January 4, 1991
This is first reading of an ordinance which annexes some twenty-
five (25) separate parcels, all located at the northwest and
southwest corners of West Atlantic Avenue and Military Trail.
Most of the properties are being annexed pursuant to existing
water service agreements which are now being "called in"; there
are a few vountarily petitions included as we ll. If passed,
Public Hearing will be held on February 12, 1991.
This item represents the third annexation action along West
Atlantic Avenue which is being carried out through the Annexation
Policies contained in the Comprehensive Plan. A more detailed
description and analysis of this proposed annexation is provided
in the accompanying backup information.
Recommend approval on first reading of Ordinance No. 7-91 for
West Atlantic Annexation #3 based upon the findings and recom-
mendations of the Planning and Zoning Board.
".
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II ""- ORDIN;'.NCE NO. 7-92.
(
il v
,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
'I \ DELRAY BEl-.CR, FLORIDA, .l>.NNEXING TO THE ~:-JF
DELRAY BEACH 1'WEN'l''.' FI~ (2~ i p"'prn S - -: ND
i LYING AND BEING IN SECTION l~, TOWNSHIP <i6 C;CTJTH,
il RA..1I/GE 42 EAST, PALM BEACH COUNTY, FLORIDA. WH! CH
II LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
II SAID CITY; SAID L.i:>.ND IS LOCATED AT THE NORTHWEST
,:"ND SOUTHWEST CORNERS OF ['IILIT.:;RY TR.l>.IL ".ND
II ,:;'rLANTIC .."VENUE: REDEFINING THE BOuNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
i RIGHTS AND OBLIGATIONS OF SAID LAND; PRQ'v'IDING FOR
I
I THE ZONING THEREOF TO PC !, PLA......NED CO~.MERC I.l>.L )
DISTRICT, IN PART, AND POC (PL.z..NNED OFFICE CENTER)
DISTRICT, IN PART: AND GC (GENERAL CUMMERCB.L)
DISTRICT IN PART; ?RO'lIDING A GENERAL REPEALER
CLAUSE: PROVIDING A SAVING CLAUSE: l:'RO'fIDING AN
EFFECTIVE DATE.
WHEREAS, 1-1'..1 tual Life Insurance Company of New York 1S cne
fee simple owner of that part of the Nor~heast Quarter (NE 1/4) cf
the Southeast Quar~er (SE 1/ 4 i lyinq Sou~h of ,:he [-3; Canal, West
of State Road 809 and North of State Road 806 Rights-of-Way (less
the West Half (W 1/ 2) of che Northwest Quarter lNw 1/41, NortnerJ.Y
620 feet of Easterly 615 feet, that part: as in OR 3749 Page 829,
(KIA L-l Thru L-8 and Easterly 3 teet of State Road 809
Right-of -Way) ; and,
l.jHEREAS , Delray Executive Square LTD. is the fee slmple
owner of the West Half IW 1/ 2) of the Southeast Quarter (SE 1/4) of
the Northwest Quartet' (NW 1; 4) of the Southeast Quarter (SE 1/41
(less State Road 806 r1ght-of-way!; and,
WHEREAS, Allen William T., Sr. and W. A. Mayton and Bobby
L. Moore are the fee 51mple owners of East 166.41 feet of the North
262 reet of the East Half (E 1/2) of the Northwest Quarter ,NW 1/41
of the Southeast Quarter (SE 1/ 4 ) of the Southeast Quarter ISE L4),
Iless ~he North 30 feet of State Road 8061; and,
WHEREAS, Delray Beach Joint Venture Firestone is the fee
simple owner of the Easterly 133 feet of the West 155 feet of the
North 240.91 feet lying South of State Road 806 right-of-way of East
Half (E 1/2) of Northwest Quarter (NW 1/4) of Southeast Quarter (SE
1/4) of Southeast Quarter (SE 1/4); and,
WHEREAS, BP Oil, Inc. is the fee simple owner of the West
28.49 feet of the East 220 feet of the North 192.20 feet and a
triangular part of the East Half (E !.; 2 ) of the Northeast Quarter
(NE 1.4) of the Southeast Quarter (SE 1/4) Qf the Southeast Quarter
(SE 1/4) as ~n OR 4462 Page 1034 (less the North 39.55 feet of State i
Road 806 and the East ~O feet of State Road 809 road rights-or-way)
in Section 14, Township 46 South, Ranqe 42 East; and, I
WHEREAS, Service Station Realty, Inc. is the fee slmple
owner of the Westerly 121.51 feet of the Easterly 191.51 feet of the
North 192.20 feet of the East Half IE 1/21 of the Northeast Quarter
(NE 1/41 of the Southeast Quarter (SE 1/41 as in OR 6307 Page 1971
(less the North 39.59 feet State Road 806 road riaht-of-wayl; and,
WHEREAS, Florida Coast Land Assoc. , LTD. is the fee simple
owner of the East Halt (E 1/2) of the Southeast Quarter (SE 1i4) of
the Northwest Quarter (NW 1/41 of the Southeast Quarter (SE 1/4)
(less State Road 806 right-of-way); and,
WHEREAS, Sun First National of Palm Beach County is the
fee simple owner of the Westerly 334.47 feet ot the Northerly 251.02
feet of the Southeast Quarter (SE 1/41 of the Southeas~ Quarter (SE
1/ 4) ( less the Northerly 21. 02 feet State Road 806 right-of-way) ;
and,
'"
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WHEREAS. Mutual Life Insurance Company of New York ~s the
tGe simole owner of the North 197 feet of the East 7/.0 feet of the
South 6io feet of that ?art of the Northeast Quarter iNE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 309 and North ot
State Road 806 road rights-of-way: and,
WHEREAS, Mutual Life Insurance Company of New York ~s the
fee 5imple owner ot the North 148 feet of the Scuth 413 feet of the
East 220 feet of that part of the Northeast Quarter INE 1/4) of the
SQutheast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 t"oad rights-of-way (less the Easterly 2.50 feet of
State Road 809 right-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York 1S the
fee simple owner of the South 220 feet of the East 200 feet of that
part of the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1 4)
lY1nq West State Road 809 and North of State Road 806 road r1qhts-
of-way (le~s the Westerly 5 feet and Southeast rr1angle corner of
State Road 809 road right-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York 1S the
fee simple owner of the South 240 feet of the West lS3 feet of the
East 353 feet of that part of the Northeast Quarter INE 1'4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road r1ghts-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee slmple owner of the South 240 fee of the West l52 feet of the
East ~30 feet and North 220 feet of the South ~40 feet of the West
20 feet of the East 550 feet of that part of the Northeast Quarrer
!NE 114) of the Southeast Quarter (SE 1/4) lying West of State Road
809 and North of State Road 806 road rights-of-way; and.
WHEREAS, Mutual Life Insurance Company of New York 1S ~he
fee simple owner of the South 187.99 feet ot the Wes~ 220 feet of
the East 830 feet of that part of the Northeast Quarter (NE 1'4) o~
the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
tee simple owner of the South 161.33 feet of the West 174.06 feet of
the East 1004.06 feet of that part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-or-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 161.57 feet of the West 196.42 feet of
the East 1226.02 feet of that part of the Northeast Quarter INE 1,,41
of the Southeast Qua~ter (SE 1/4) lying West of State Road 809 ana
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the Northerly 620 feet of the Easterly 615 feet
of that part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter ISE 1/4) lying West of State Road 809 and South of and
adjacent to the L-33 Canal r~ght-of-way; and,
WHEREAS, Delray Beach Joint Venture is the fee s~mple
owner of the EaSt Half of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) lying
South of State Road 806 (less the Easterlv 133 feet of West 155
feet of the North 240.91 feet and the East i66.41 feet of the North
262 feet); and,
WHERE.~S, Service Station Realty, Inc. is the fee simple
owner of the South 108 feet of the North 298 feet of the West 122.66
feet of the East 192.66 feet of the Southeast Quarter (SE 1/4) of
the Southeast Quarter (SE 1/4) of Section 14, Township 46 Soutn.
Range 42 East; and.
. .
'[ wH2REfl.S . Boca Raton '!'acht ana Tenn~s Club is the tee
simple owner at Breezy Acres Lot 1 iless State ?oad 806 rl.:Jnt-
i of -",ay; and,
~ I i.JHEREl>.S, Boca Raton Yacht and 'I'ennis ':1>.lD ~s ':ne ;ee
,I simple o"mer of Breezy Acres Lot ,less State ;;'0 ad >3u6 rlgnt-c:~-
:i ..
r ~..!a"l ; and.
i
'I WHEREAS. Boca Raton Yacht a.nd Tenrus ':luo ~s ~he tee
simple owner of Breezy Acti?S Lor. . (less State Road 1306 r:gnt-or-
I, 'day: and,
I
I Raton Ya.cht and Tenn~s Club the tee
'I ;,.jHERE.i:..S , Boca lS
I simple owner or Breez:' Acres Lot 4 (l.:ss State Road 806 nght-of-
I "Jay; and. .
I
WHEREAS, Berlinger Handels-Una is the fee supple ownp.r of
the Northeast Quarter (NE 1/4) of the Southeast Quarter tSE 1 4/ of
the Southea.st Quarter (SE 1/4) (less road. rights-of-way tor Mllitary
Trail and Delray Road West and North 1.76.53 feet of the East 207.52
teet and the South 61.47 feet of the North 238 feet of the East
122.66 feet) in Section l4, Townshlp 46 South, Range 42 East; and,
\'lHEREAS , Berlinger Handels-Und is the fee sirrple owner of
the South 176.53 feet of the North 236.53 feet of the West 84.86
feet of the ~ast 277.27 feet (less the North 152.65 feet of ~he East
28.49 feet) of the Northeast Q1..tarter (NE 1/ 4) of the Southeast
Quarter (SE 1/ 4) of the Southeast Quarter (SE l/4) of Section 14.
Township 46 South, Ranqe 42 East; and,
WHEREAS, the fee simple owners as hereinabove named ha?e
requested by their petit~ons to have the property here.l.nafter
descr~bed annexed into the municipal Limi ts of the City of Delray
Beach; and,
WHEREAS, the subject property hereinafter described 1S now
contiguous to the corporate limits of the City of Delray Beach, thus
I making said petitions for annexation effective at this time; and,
I WHEREAS, the designation of a zoning class~fication 1S
part of t:he annexation proceedinq, and provisions of Land
Development Regulations Chapter Two have been followed in
est:ablishing the proposed zon~ng designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171. 044 of the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City ot Delray
Beach, Palm Beach County, Florida, hereby annexes to sa~d C1t.y the
tollowing described lands located in Palm Beach County, Florlda,
which lies contiguous to said City to-wit:
PARCEL "A"
That part of the Northeast Quarter (NE 114 ) of the
Southeast Quarter (SE 1/4) lying South of the L-33
Canal, West of State Road 809 and North of State
Road 806 Rights-of-Way (less the West Half (W 1/2)
of the Northwest Quarter INW 1/4) , Northerly 620
feet of Easterly 615 feet, t:hat part as in OR 3749
Page 829, (KIA L-1 Thru i-8 and Easterly 3 feet of
State Road 809 Right-of-Way); together w~th,
ORD. NO. 7-91
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1/' East 166.41 feet of the Nor~h 262 fee~ of the East Half (E
; 1/2) of ~he Northwest Quarter (NW 1/4) of the Southeast
','[' Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), (less
! the North 30 feet of State Road 806); together with,
I
I The Easterly 13 3 feet of the West 155 feet of the North
',I 240.91 feet lying South of State Road 806 right-of-way of
, East Half (E 1/2) of Northwes~ Quarter (NW 1/4) of
I Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4);
i together with,
,) The North 197 feet of the East 220 feet of the South 610
feet of that part of the Northeast Quarter (NE 1/4) of the
Sou~heast Quarter (SE 1/ 4) ly~ng West of State Road 809
and North of State Road 806 road rights-of-way; together
with,
The North 148 feet of the South 413 feet of the East 220
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way (less the
Easterly 2.50 feet of State Road 809 right-of-way;
together with,
The South 220 feet of the East 200 feet of that part of
the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1/4)
lying West State Road 809 and North of State Road 806 road
rights- of-way (less the Westerly 5 feet and Southeast
triangle corner of State Road 809 road right-of-way;
together with,
il The South 240 feet of the West 153 feet of the East 353
I feet of that part of the Northeast Quarter (NE 1/4) of the
I' Southeast Quarter (SE 1/4) lyu~g West of State Road 809
and North of State Road 806 road rights-of-way; together
! with,
The South 240 fee of the West 152 feet of the East 530
feet and North 220 feet of the South 240 feet of the West
20 feet of the East 550 feet of that part of the Northeast
Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying
West of State Road 809 and North of State Read 806 road
rights-of-way; together with,
I
The South 187.99 feet of the West 220 feet of the East 830 '
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
with,
The South 161.33 feet of the West 174.06 feet of the East
1004.06 feet of that part of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with,
The South 161.57 feet of the West 196.42 feet of the East
1226.02 feet of that part of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with,
The Northerly 620 feet of the Easterly 615 feet of that
part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) lying West of State Road 809 and South of
and adjacent to the L-)) Canal right-of-way; together
with,
ORD. NO. 7-91
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The East Half of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4) of the Southeast quarter (SE
1/4) lying South of State Road 806 (less the Easterly 133
feet of West 155 feet of the North 240.91 feet and the
East 166.41 feet of the North 262 feet); together with,
The Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) (less road
rights-of-way for Military Trail and Delray Road West and
North 176.53 feet of the East 207.52 feet and the South
61.47 feet of the North 238 feet of the East 122.66 feet)
in Section 14, Township 46 South, Range 42 East; together
with,
The South 176.53 feet of the North 236.53 feet of the West
84.86 feet of the East 277.27 feet (less the North 152.6i
feet of the East 28.49 feet) of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of the Southeast
Quarter (SE 1/4) of Section 14, Township 46 South, Range
42 East.
PARCEL "B"
The West Half IW 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4) (less State Road 806 right-of-way); together
with,
The Westerly 334.47 feet of the Northerly 251.02 feet of
the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) (less the Northerly 21. 02 feet State Road 806
right-of-way); together with,
Breezy Acres Lot 1 (less State Road 806 right- of-way);
together w~th,
Breezy Acres Lot 2 (less State Road 806 right-of- way);
together with,
Breezy Acres Lot 3 (less State Road 806 nght-of- way);
together with,
Breezy Acres Lot 4 (less State Road 806 r~ght-of- way).
PARCEL "C"
The West 28.49 feet of the East 220 feet of the North
192.20 feet and a triangular part of the East Half (E 1/2)
of the Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE l/4) of the Southeast Quarter (SE 1/4) as in OR 4462
Page 1034 (less the North 39.55 feet of State Road 806 and
the East 40 feet of State Road 809 road rights-of-way) in
Section 14, Township 46 South, Range 42 East; together
with,
The Westerly 121.51 feet of the Easterly 191.51 feet of
the North 192.20 feet of the East Half (E 1/2) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4) as in OR 6307 Page 1971 (less the North 39.59 feet
State Road 806 road right-of-way); together with,
The South 108 feet of the North 298 feet of the West
122.66 feet of the East 192.66 feet of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of
Section 14, Township 46 South, Range 42 East; together
with,
- 5 - ORD. NO. 7-91
""
-
The Ease Half (E 1/2) of the Southeast Quareer (SE 1/4) of
the Northwest Quarter (NW l/ 4 I of the Southease Quarter
(SE 1/4) (less State Road 806 right-of-way).
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include thereln ehe
above-described tracts of land and said lands are hereby declared to
be wiehin ehe corporate limits of the City of Delray Beach, Florlda.
Section 3. That Chapter Two of the Land Development
Regulations has been followed ln the establishment of a zoning
classlfication in this ordinance and the tract of land herelnabove
described as Parcel "A" is hereby declared co be in Zonlng Distric~
PC (Planned Commercial) as defined by eXlsting ordinances of the
City of Delray Beach, Florida.
Section 4. That Chapter Two of the Land Development
Reaulations has been followed in the establishment of a zoning
classlfication in this ordinance and the tract of land hereinabove
described as Parcel "B" is hereby declared to be in Zoning District
pac (Planned Office Center) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 5. That Chapter ~HO of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land herelnabove
described as Parcel "c" is hereby declared to be in Zoning District
GC (General Commercial) as defined by existlng ordinances of the
City of Delray Beach, Florida.
Section 6. That the land hereinabove described shall
llTlJ"Oediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected
and persons residing thereon shall be deemed citizens of the City of
Delray Beach.
Section 7. That this annexation of the subject property.
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requir~ments and
conditions.
Section 8. That all ordinances or parts of ordinances ln
conflict herewlth be, and the Same are hereby repealed.
Section 9. 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 10. That this ordinance shall become effective
immediately upon passage on second and final reading.
_ 6 - ORD. NO. 7-91
i
.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
NAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
I
!
ORD. NO. 7-91
- 7 -
".
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: SON MACGREGOR-HARTY, CITY CLERK
-~~
FROM: DA ID J. KOVACS~CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING'OF JANUARY 8, 1990
FIRST READING OF ANNEXATION ORDINANCE, WEST ATLANTIC
ANNEXATION #3
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an Ordinance, which annexes
several properties in the vicinity of Military Trail and
Atlantic Avenue.
A Public Hearing, scheduled for February 19, 1991, will be
held prior to second reading and enactment.
For the most part, this Annexation involves the calling in
Water Service Agreements. There are a few separate
voluntary (no cost) petitions. And, there are a few
instances wherein properties which receive services, but
do not have an Annexation Agreement." are being asked to
join this effort.
BACKGROUND:
This Annexation is the third Annexation along West Atlantic Avenue
which is being carried out through the Annexation Policies contained
in the Comprehensive Plan (Land Use Element Policy 8-3.4).
This Annexation is proposed to involve approximately twenty-five
(25) separate parcels. Many of the parcels are for individual
businesses (out parcels) of larger shopping centers. The current
assessed value for the targeted properties is approximately
$39,183,845, which will yield ad valorem revenues to the City of
approximately $241,000 in operations and $39,000 toward debt
service. There will be added demands upon staff with the need of
additional police officers (2, minimum) with the inclusion of
this area into existing Patrol Zone 13.
.
City Commission Documentation
First Reading of Annexation Ordinance, West Atlantic
Annexation .3
Page 2
Please review the Planning and Zoning Board Documentation (revised
December 26th) for a complete description and analysis of this
proposed Annexation.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of December 17, 1990. During the Public Hearing, a
representative of Parcel 104 (vacant, north of X-Mart) requested
Commercial Zoning instead of RM, as proposed. Since there was
conflict between his existing zoning and that allowed (Land Use Map
compliance), the Board recommended that Parcel 104 not be included
in this Annexation. The representative acknowledged that it will be
their responsibility to petition for Annexation prior to processing
a development proposal.
Other public testimony came from property owners adjacent to the
Annexation who were interested in the process and implications for
their properties.
Special circumstances pertaining to the following parcels were
brought to the attention of the Board:
Parcel 530, Indoor Flea Market: Receives service without an
Agreement. A property representative has indicated that they
will execute an Annexation Petition prior to first reading.
Proposed zoning is GC.
Parcel 534, Sun Bank: Initially it was thought that this
property was receiving services without an Agreement. Lacking
such an Agreement, the property owner declined Annexation.
However, a records search did produce an Agreement which was
executed by the property owner. Thus, the property is being
included in this Annexation action. Proposed zoning is POCo
Parcel 557 and a portion of Parcel 501, Delray Marketplace and
Liquor Store: Development occurred in these areas through an
extension of the water system provided for the rest of Parcel
501 which was under a Water Service Agreement. For record
purposes, the owner of the properties has been requested to
complete an Amendment to the previous Water Service Agreement.
Parcels 526, 527, and 563, BP Gasoline Station: Should be
zoned GC as opposed to PC as originally setforth.
Parcel 521, Firestone Auto Repair: Is recommended to be zoned
GC, as opposed to AC, thus becoming a Non-conforming Use. This
recommendation was made by the Planning and Zoning Board.
".
City Commission Documentation .
First Reading of Annexation Ordinance, West Atlantic
Annexation 13
Page 3
Parcels 524 and 525, Burger King and Pines Plaza: Receive
services without an Agreement. They had initially refused to
be annexed. They have received special notice regarding this
situation, as it relates to our ability to continue to provide
water service. If they do not consent to Annexation, they may
need to be deleted from this action.
RECOMMENDED ACTION:
By motion, approval on first reading of the Ordinance for West
Atlantic Annexation 13, based upon the findings and recommendations
of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation revised
as of December 26, 1990
DJK/leh
DJK/'74/CCWAA3.TXT
_ANN'I NG B. ZONiNG 80ARU STAFF REPORT
- -- - - -
ITY OF DEL RAY BEACH
,l..iF-r ING OOTE: December 17. 1990 (REVISED PER PLANNING AND ZONING BOARD
RECO}~lENDATION DECEMBER 27, 1990)
~GEf'O=l ITEM: IILA.
r TEM: ~est Atlantic Annexation 113 with Zonine. of Commercial Areas on Either Side of
Atlantic Avenue, West of Hilitary Trail.
SEE ATTACHED }~
"
'ENERAL DATA: ----- -- ----
Owner..........................VariouB. Bee table In staff report
Location.......................North and Southwest corner of West
Atlantic Avenue and Military
Trail
Property Slze..................58.03 Acres
County Land Use Pl.n...........C (Comnerci.l)
ExIsting CIty L.nd Use Pl.n....General Commercial
Existing County Zoning.........CG (Gener.l Commerci.l). CS
(Specialized Commercl.1) .nd AR
(Agricultur.l Residenti.l)
Proposed City Zonlng...........GC (Cener.l Commerci.l). PC
(Pl.nned Commerci.l). .nd POC
(Pl.nned Office Center)
Adj.c.nt Zonlng................!2!!h: County RS (Residentl.1
Single F..ily Commerci.l) and CG
(General Commerci.l)
E..t: City PC (PI.nned
com:;erchl)
. ~: County AR (Agricultur.l
Re.idenU.l).
We.t: County RK (Re.identlal
MedIum Den.lty), RS lResidential
, Single Family) and AR
(Agricultural ReSidential)
Existing Land Us...............Varlou.. see page 3 of the st.ff
report.
W.ter S.rvice .................Exl.tlng lZ. lines on the east
side of Hlllt.ry Tr.il .nd north
side of Atl.ntic Avenue, and an
8- line on the south side of
Atlantic Avenue .s well..
existIng 8- service lines within
the Delr.y M.rketpl.ce .nd Pines
Pl.za.
Sewer S.rvice .................Exlstln9 ~.In connecting to .nd
within Delr.y Marketpl.ce .nd
Pines Pl.za from Hillt.ry Trail
and existing lines on Atlantic
Avenue. I II.
"
ITEM BEFORE THE BOARD: -,
The action before the Board is that of making a recommendation on
annexation and initial City zoning for the West Atlantic Avenue
Annexation 13 (WAAI3), a 58.03 acre area comprised of twenty-five
(25) parcels lying north and south of Atlantic Avenue west of
Military Trail.
Action on this item is via a recommendation to the City
Commission to either annex and establish initial City zoning on
the subject properties or to reject the annexation.
BACKGROUND:
The annexations of West Atlantic Avenue Annexation '1 (second
reading October 28, 1989, with an effective date of December 1,
1989) and West Atlantic Avenue Annexation 12 (December 12, 1989)
provided the contiguity necessary to consider the annexation of
West Atlantic Avenue Annexation 13.
The City has approved six (6) water service agreements in this
area since 1980 (Map 1). These water service agreements affect
nineteen (19) of the twenty-five (25) parcels and 42.74 acres of
the 58.03 acres involved in the annexation. Each of the six
water service agreements contains the standard voluntary
annexation clause. All of the parcels proposed for annexation - ,
currently receive water service from the City of Delray Beach.
Initially, a twenty-sixth property, parcel 104, was included in
this annexation. Inconsistencies between the existing zoning and
the City's Future Land Use Map designation for the property
necessitated removing the parcel from the annexation. Further
information regarding this parcel are found in the zoning and
land use compatibility evaluation' sections of this report on
pages 7 & 8.
Six parcels not covered by water service agreements are included
in the proposed annexation. As staff assembled the annexation,
letters were sent to the owners of these six adjacent
unincorporated parcels soliciting their cooperation in the
annexation by agreeing to voluntary annexation with those
properties covered by existing water service agreements. This
methodology was successfully utilized in the North Federal
Highway and West Atlantic Avenue 1 & 2 annexations. However, in
this attempt only one of the seven owners initially notified
agreed to the annexation. The results of this solicitation were:
parcel 526 agreed to annexation
parcels 524, 525, and 534 Refused offer
parcel 530 No response, assumed
refusal
P&Z Staff Report
Consideration of West Atlantic Annexation 13
Page 2
Parcels 524 and 525 are in single ownership and receive water and
sewer service without an agreement. They have been notified that
their refusal to participate in this annexation may affect the
City's ability to continue to provide service. If they do not
consent to this annexation, they may need to be deleted from this
annexation.
The owners of parcel 534 initially declined our voluntary
annexation offer. Subsequent records search revealed that the
owner executed a water service agreement with the City and is
thus eligible for annexation.
In later discussions with a representative for parcel 530 it has
been indicated that they would submit a voluntary annexation
petition prior to second reading of the annexation ordinance.
One additional property, parcel 557, is a part of the Delray
Marketplace which is under one ownership (Mutual Life Insurance
Company of New York) . This property is included in the
annexation by default as it receives water and sewer service from
the connection approved for the Marketplace. A revised water
service agreement has been sent to the current owner of the
property as the initial agreement does not include portions of
parcel 501 which was enlarged by property acquisition after the
agreement was approved or parcel 557 which was acquired as a
separate parcel subsequent to the initial agreement.
The Planning Department and the City Attorney conferred on the
annexation of those parcels which refused annexation. If it is
determined at some point that the annexation of any of these
parcels should not proceed, they will be deleted from the
proposed annexation. In that event, two properties which have
water service agreements (parcels 503.1 and Breezy Acres Lots
1-4) may have to be withdrawn from the annexation as they will no
longer be contiguous and would create additional enclaves, a
violation of State Law.
ANALYSIS:
West Atlantic Avenue Annexation Area 13 is comprised of 25
parcels, and 58.03 acres of land which lies north and south of
West Atlantic Avenue west of Military Trail. The entire area
proposed for annexation is commercial in nature, so no additional
population will be added to the City. The area is currently
bordered on three sides (north, south and west) by unincorporated
Palm Beach County and on the east by incorporated Delray Beach.
Annexation of these properties will not cause the creation of an
additional enclave(s) except as noted above.
Current Uses:
The existing uses of the area are listed in the table on the
following page.
'"
Page 3
EXISTING USES
West Atlantic Avenue Annexation #3
Parcel f Existing Uses
1-4 Charter Savings & Loan, Barwick Development Corp.,
Credi-Fax Inc., Dean R. Harper PA, Executive
Passages, Executive Sports Inc., Fibercorp Inc.,
First Union Group Inc. Realtors, Florida Health
Choice Plan, National Service Contracts Inc.,
Nibble-Lo's Franchise Division, Stanley J. Seren
Assoc., Sundial Mortgage Co. Inc.
104 Vacant Land (Removed from Annexation action)
501 & 558 Delray Marketplace: K-Mart, Barber Shop, Bird
Nest Restaurant Buy-Wise, Carpet Expo, Champs
Haircuts, Crystal Rose Florist, Cynthia's
Wallpaper, Delray Lighting & Lampshades, R. Stein
( DDS) , Frankels, Hallmark Cards & Gifts, Hearing
Aid Center, House of Things, J Byrons, J.M.R.
Jewelers, Jefferson Travel, Lindburgers
Restaurant, Party Palace, Perfect Vision Center,
Pizza Hut, Royal Palm Savings, Sally Beauty
Supply, Shampoo Plus, Stiles Property Management,
Tile & Marble International, Atlantic Sun Realty,
21 vacant store fronts/bays
503.1 Executive Square: All Size World Tour, Allen
Morris Management Co., Anetta Jenkins Law Office,
Gator Produce Sales, Humana Health Care Plans,
Mederi Home Health, Nationwise Insurance,
Nationwise Mutual Insurance, Prudential Bache,
Sheldon M. Seidman (DDS), State Auto Insurance,
Stuart Appel Brokerage, Sunline Sales, United
Corporate Group, Utility Services Analysis
534 Sun Bank
521 Firestone Tires
514 McQuick's Oilube
524 Pines Plaza: Burger King, Coral Gables Federal,
Delray Family Dentistry (Bruce & Amy Gopman), Di
Lullo's Pizza, Drug Palace, Italian Tile & Marble,
Mandarin Restaurant, Pines Plaza Hair Stylist,
Podiatry (Stuart B. Levine), Select I-Hour Photo,
Smokers Warehouse Inc., Speedy Printing, The
Visions of Delray Lounge (Vacant) , 11 vacant
store fronts/bays
530 Delray Indoor Flea Market, Sleep-O-Rama
550 McDonalds
551 Amerifirst Bank
552 Fidelity Federal Savings
553 Ponderosa Steak House (Vacant)
554 Texaco Gas Station
555 Great Western Bank (Vacant)
556 Delray Beach Discount Liquor, Time Out Lounge
557 Centrust Federal Bank (Vacant)
561 Largely vacant retail center, only tenant at
present is Domino's Pizza
527 & 563 BP Gas Station and Car Wash
525 Burger King Restaurant
526 Driveway for McDonalds
P&Z Staff Report
Consideration of West Atlantic Annexation #3
Page 4
Effect of Annexation on Site Plans:
.AlI of the subject properties are presently developed as
commercial properties. The site plans approved under County
jurisdiction have no official status in the City. Compliance
with the City's site and development plan review process and
standards is required for any future expansion or new
construction on the properties.
The City reviewed the site plan for the BP Gas Station (parcels
527 and 563) prior to its' construction in 1990. No site plans
were reviewed by the City for the other developed parcels covered
by water service agreements.
Effect on Signs:
Any signage existing in the proposed annexation area which is not
in accordance with the City's Code will be required to conform or
be removed in accordance with the requirements of Chapter 162 of
the Code of Ordinances on or before July 10, 1991-
Access:
Military Trail which abuts the annexation area on the east is
paved to City standards and is maintained by Palm Beach County.
West Atlantic Avenue which bisects the area in an east/west
direction is paved to City standards and is maintained by the
State. Expansion of Atlantic Avenue to six lanes (pavement width
of 72 feet) from Jog Road east to 1-95 is proposed by the County
in FY 91/92. Military Trail widening to six lanes from Atlantic
Avenue northward was recently completed. Widening of Military
Trail south of Atlantic Avenue is not included in the County's
Five-Year Road Plan.
Water/Sewer Service:
The proposed annexation area lies within the City's service area
and is presently provided with both water and sewer service from
various lines on Atlantic Avenue, Military Trail and service
lines within Pines Plaza and the Delray Marketplace. All of the
subject properties are presently receiving water and sewer
service, with the exception of vacant parcel '104.
The water and sewer service to the Delray Indoor Flea Market and
Sleep-O-Rama (parcel 530) are most likely provided via a
connection to the Delray Marketplace to the east. This may
affect the potential annexation of parcel 530 as the connection
was made from a property with an existing water service agreement
rather than from a City line in absence of any water service
agreement. A representative of the owner has indicated that they
will execute an Annexation Petition prior to second reading of
the annexation ordinance.
'.
P&Z Staff Report
Consideration of West Atlantic Annexation 13
Page 5
Public Improvements:
. As a result of the availability of services noted above, no
public improvements are required from the City to provide service
to these properties.
Police, Fire and Emerqency Medical Services:
Annexation of the West Atlantic Avenue Annexation #3 will not
have an adverse effect upon the City's ability to provide fire or
emergency medical services ( EMS) . The adequacy of police
services to the area proposed for annexation was evaluated by the
City of Delray Beach Police Department. This evaluation
assessed calls to the areas east of the proposed annexation (West
Atlantic Avenue Annexations 1 & 2) and information provided by
the Palm Beach County Sheriffs Office.
The Police Department requested eight additional officers in its
1990/91 budget, four of which were projected to provide services
to annexations in 1990/91. Only three officers were approved.
It does not appear that the annexation of this area is sufficient
to create an additional police zone. The alternative is to add
the annexation area to Zone 13 to the east and increase coverage
in that zone by one or two additional officers to assist in the
coverage during defined daily periods. (See attached memo)
The effectiveness of fire and EMS is measured by response time.
The responding station for calls in the area proposed for
annexation will be Station 4, at Barwick and Lake Ida Road.
Response time from this Station is satisfactory, so annexation of
the area will not cause a detrimental effect on emergency
services. If additional units are required, they will likely be
dispatched from Station 'I at the municipal complex. The City's
adopted Comprehensive Plan calls for an additional fire station
to be constructed at Military Trail and Linton Boulevard. Upon
construction, that station will also respond to West Atlantic
Avenue.
Revenue Implications:
The 1990 assessed value of the twenty-five (25) properties within
the West Atlantic Avenue 13 area is $35,929,586. Estimated ad
valorum revenues from this assessment are $256,896 per year.
This is composed of 6.15 mills for general revenue ($220,967) and
1 mill for debt service ($35,929). Revenues from taxes on these
properties will be available for budgeting purposes in the FY
91/92 budget cycle.
P&Z Staff Report
Consideration of West Atlantic Annexation #3
Page 6
In addition, the City could expect to receive approximately
$12,597 dollars per year in additional Occupational License fees
based upon the fee structure in effect for 1991 licenses.
The attached chart titled "Evaluation of Estimated Utility
Billing Impacts of WAA #3 to Customers" reflects that the
annexation of West Atlantic Avenue Annexation Area #3 would
result in a net loss of water and sewer utility fees. This is a
result of the loss of the 25% surcharge billed to out of City
customers. This loss would be approximately $1,116 a month or
$13,392 a year.
It does not appear that the annexation of this area is sufficient
to create an additional police zone. The alternative of adding
one or two additional officers to assist in the coverage of Zone
13 during defined daily periods would cost approximately $58,532.
The cost of a police officer is estimated at $29,266 per year by
the Police Department. This cost includes a base salary of
$26,166 and $3,100 for clothing, equipment, supplies, school and
medical/psychological testing.
Estimated Revenues
General Tax Revenue $220,967
Debt Service $ 35,929
Occupational Licenses $ 12,597
TOTAL ESTIMATED REVENUES $269,493
Estimated Costs
Utility Charges (loss) $ 13,392
Police Officers ( 2) $ 58,532
TOTAL ESTIMATED COSTS $ 71,924
NET DIFFERENCE + $197,569
Other miscellaneous revenues such as cigarette, gas and sales
taxes are apportioned based upon population, therefore annexation
of an entirely commercial area (with no population) such as this
should have no additional revenue implications.
Comprehensive Plan:
Annexation of the subject properties is consistent with the
annexation policy delineated in the City's adopted Comprehensive
Plan. Policy B-3.4 of the Land Use Element of the Plan
designates nine annexation areas, one of which is the area west
of Military Trail, north and south of Atlantic Avenue (less
Country Club Acres and High Point West), therefore annexation of
the subject properties is consistent with the annexation policies
of the City's Comprehensive Plan.
,.
P&Z Staff Report
Consideration of West Atlantic Annexation #3
Page 7
The Comprehensive Plan identifies Country Club Acres and High
Point West as separate annexation areas which would be annexed
via voluntary annexation methodologies pursuant to Florida
Statutes.
Zoning Compatibility Evaluation:
The proposed zonings of GC (General Commercial), PC (Planned
Commercial) , and POC (Planned Office Center) are compatible with
the existing County CG (General Commercial) and SC (Specialized
Commercial) zoning of the existing commercial areas with the
exception of parcel 52!. The existing Firestone Tire and Auto
Repair is recommended for GC (General Commercial) zoning which
will cause the existing use to become a nonconforming use.
The proposed City PC, POC and GC zonings are compatible with the
adjacent County zonings of RM (Medium Density Residential) to the
west and AR (Agricultural Residential) to the south and west as
the proposed City zoning is similar to the existing County
Zoning and except as noted for parcel 521 above.
A portion of the Charter Savings and Loan (Parcel 4) is zoned AR
(Agricultural Residential) in the County and proposed for POC
(Planned Office Center) zoning in the City. This is not a
conflict as the parcel is a parking lot for the S&L and is an
integrated part of the entire site.
No development or redevelopment of the parcels being annexed is
proposed at this time and any existing inconsistencies in zoning
or land use are preexisting.
The proposed City zonings are compatible with the adjacent
existing City zoning of PC (Planned Commercial) to the east.
The initially proposed RM (Medium Density Residential) for parcel
104 was not consistent with the existing County zoning of
Specialized Commercial. This parcel is vacant and there are no
active development plans for the property. The owner and/or his
attorney were present at the public hearing before the Planning
and Zoning Board to discuss their desire to maintain a commercial
zoning for the property. As commercial zoning cannot be
accommodated under the City's Future Land Use Map designation of
Medium Density Residential, the Planning and Zoning Board removed
this parcel from the annexation area and recommendation to the
City Commission.
Land Use Plan Compatibility Evaluation:
The twenty-five remaining parcels involved in this annexation are
consistent with the City's Land Use Plan designations of General
Commercial.
P&Z Staff Report
Consideration of West Atlantic Annexation .3
Page 8
The proposed City zonings are consistent with the existing County
Land Use Plan designations.
There are no inconsistencies between the City's Future Land Use
Designations and the adjacent land use designations in the
County.
Parcel 104 is designated as either C (Commercial) or 8
(Residential, 8 dwelling units per acre) on the County's Future
Land Use Map. This designation is only partially consistent with
the Proposed City Zoning and Future Land Use Map designation. As
indicated above, this property is no longer included in the
proposed annexation.
Standards for Evaluating Rezonings:
Section 3.3.2 of the Land Development Regulations sets forth four
standards for evaluating rezoning requests for which the Planning
and Zoning Board and the City Commission shall make findings
indicating that the proposed change has been studied and
considered in relation to said standards.
The Planning and Zoning Department has reviewed the proposed
zoning against the four standards of Sec. 3.3.2 and no conflicts
exist between the standards and the proposed zonings for the
properties. This determination is based upon the similarity of
the existing County zonings and the proposed City zonings.
ASSESSMENT:
The annexation and initial zoning of these properties via the
"calling in" of existing water service agreements is straight
forward. The proposed City zonings are equivalent to the
existing County zonings except as noted for parcel 52l.
Compliance with the City's site and development plan review
process and standards is required for any future expansion or new
construction on the properties. Approval of this annexation
should require four additional police officers but it appears as
though coverage can be provided by officers in Zone 13 to the
east.
RECOMMENDED FINDINGS:
1. That the annexation of the subject properties will not
create an additional enclave(s).
2. That service will be provided to these properties in a
manner similar to that for similarly situated
properties which are already in the City.
3. That water and sewer service are already provided to
all properties included in this annexation.
""
P&Z Staff Report
Consideration of West Atlantic Annexation '3
Page 8.1
,....~,
4 . That the proposed zonings of GC (General Commercial),
PC (Planned Commercial), and POC (Planned Office
Center) , are consistent with adjacent zonings and
comply (do not conflict) with the four standards for
evaluating rezoning requests as found in Section 3.3.2.
5. The proposed zonings a~e generally consistent (do not
conflict) with the existing County zonings of CG
(General Commercial), SC (Specialized Commercial) and
AR (Agricultural Residential) and/or the existing uses
of the properties.
6. The proposed zonings are consistent (do not conflict)
with the City's land use plan designation of General
Commercial for the properties.
ALTERNATIVE ACTIONS:
1- Continue with direction.
2. Recommend approval of the annexation of the West
Atlantic Avenue Annexation .3 with initial zonings of
GC (General Commercial), PC (Planned Commercial), and
POC (Planned Office Center).
3. Recommend denial of the annexation of the West
Atlantic Avenue Annexation #3 with the reasons for
denial stated.
RECOMMENDATION:
By motion, recommend that the City Commission approve the
annexation of the West Atlantic Avenue Annexation #3 with initial
City zonings of GC (General Commercial), PC (Planned Commercial),
and POC (Planned Office Center).
PARCEL OWNER WSA SERVICE
1 - 4 Boca Raton Yacht & Tennis Club 79 W & S
104 Regina W Spence * 87 W & S
501 Mutual Life Insurance Co of NY 1 W & S
550 Mutual Life Insurance Co of NY 1 W & S
551 Mutual Life Insurance Co of NY 1 W & S
552 Mutual Life Insurance Co of NY 1 W & S
553 Mutual Life Insurance Co of NY 1 W & S
554 Mutual Life Insurance Co of NY 1 W & S
555 Mutual Life Insurance Co of NY 1 W & S
556 Mutual Life Insurance Co of NY 1 W & S
557 Mutual Life Insurance Co of NY NO W & 5
563 Service Station Realty Inc 99 W & S
5031 Delray Executive Square Ltd. 44 W & S
514 William T Allen 70 W & S
521 Delray Beach Joint Venture Firestone 70 W & S
524 Berlinger Handels-Und NO W & S
525 Berlinger Handels-Und NO W & S
526 BP Oil, Inc NO W & S
527 Service Station Realty Inc 99 W & S
530 Florida Coast Land Assoc., Ltd NO W & S
534 Sun First National of Palm Beach County NO W & S
561 Delray Beach Joint Venture 70 W & S
PARCEL = Last four digits of property control number, ending
zero suppressed.
WSA = Water Service Agreement (NO indicates no agreement).
* = Removed from annexation by the Planning and Zoning
Board due to zoning/future land use map inconsistency.
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WEST ATLANTIC AVENUE ANNEXATION #3
'Tl I I I I I I I I I I I I I I I I I I -T
NOTE: Parcel 104 removed from
., I I I I I . - . - - - . - . - -' I I I I I I I
:.::: I I I annexation due to.. . I I .=:
.:::..~ Future Land Use Map/County Zoning conflict.
.1GIl POINT ~
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L-33 CANAL ~
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00
100 byWAA#3
519
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ATLANTICAVENUE (SR 806) 526~
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21 22 00000 4tooooooc 00000000000000000-( b-o
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2: 00000000000000 oooooooooooooooooo~
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517 .0000000000000000000000000
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18 ~ 5 000000000000000000000000001
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17 6 000000000000000000000000000
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nREEZY ACRFS 509 504 ",Po
Proposed Zoning, W AA #3
.
-UGH POINT
104
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BREBZY ACRES 518
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Existing County Land Use Plan Designations
".
~"nI1 ~
Delray Beacll Police Departmellt ~ ~
I' ,~, r I
300 West Atlantic Avenue · Defray Beach. Florida 33444.3666 ~ -r=.
(407) 243,7888 Fax (407) 243-7816 --
CHARLES KILGORE
ChIef of Police
'! E~IUR,' \ j)l"l
D;\TE: December 17, 1990
TO: Stan h'ccdon, Asst. l'l~nnin~ Director, Plnnnin~ & Zonin~
FHO~l: Mad a C. Altieri, Police Pb,nner, Pol ice l)epartmenyf~
THRU: ~la,jor loti II iam II. Cochralle, Support Burenu ~
SUBJECT: Annexation =3 - h'cst :\tJ_."lrttI~:\\'enu~ and ~I~litan' Trai~
Per your request, the follm.. i Il~ is information regardi,,~ the above
captioned matter. You asked for me to for~ard additional information
rel?;ardin~ the effects in stnffin~ levels of the police department should
the City annex the property immcdi~tpl:v ~est of ~lil i tary Trai I and
Atlantic Avenue. I 1\.1,\'p. camp i led the information to the best of my
abil i ty in an at tempt to IlIlSh'pr t1lP C ity ~'nllager' s questions, in his
11/07/90 memorandum to Mr. Kovacs, on the difference in service levels
between our department and the Sheriff's Department.
~
111 my telephone conversation I.' it h Lt. ~cCotter of the Palm Beach \
,
COllnty'!; Sheriff's Office South County Substation, he ad\' i sed me that
thp.I'e aI'" eil?:hty-t,-,o (82) d(>)llltiC's a~si~nC'd to him ~ith three (3 ) shifts
in a 2.t-hour patrol. This "'oul d m'?an there are npprox i ma t(.} y
twenty-se\en (27) deputies on any one shift (average nine (9) deputies
per zone). Their East-~'est boundaries are east to ~ilitary Trail nlld
any enclaves not incorporated into the city limits; ~('st to State Hoad ;
( 4 ,ll ) . Their patl'ollin~ areas are di dlied into three zones h' h Ie h
comprise a forty-nine (49) squaI'!:' r.liles or approximately 16.33 miles per
zone. Based upon this data, '-'e can est.imate the Sheriff's Of fice
manpower to be approximately ~, (1) deputf~ perAsquare mileS. Tht>ir
North-South boundarip.s are designated as follon's: ;l
Zone #1 - Boynton Beach Bhd. south to Atlantic Avenue
Zone #2 - Atlantic Avenue south to Clint ~oore Road
Zone #3 - Clint ~Ioore Road south to Glades
You advised that the proposed annex~tinn in Delray Dench is one-tenth
( . 10) square miles, ~hich nctu:dly doC's not prove to h0 ~ ~reat imp~\t
in itself to our department; hOh'e';er, itn'ill add to the existing ZOlle
created east of "Ii I i tary Irai I ,,"'hen th1.t commercial property \,.as annexed
into the Cit~.. Our Patrol Division Captain anticipates this zone to
then be d i \' ided in half to crp.nlp a 110\.' zone ~hich ,,"auld rf'quire ont> ( 1 )
pol ice officer per Sljllnre roi Ie or' a tolal of four (-J) add i tional po 1 ice
officers (one (lJ l)f~ r s h i f t J .
\
~
"';il~-="
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~~ \: .~ ~:
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~
-....:.....
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AN INTERNA T10NAll Y ACCREDITED lAW ENFORCEMENT AGENCY
.
HE: A~\EXATION *3 - ~ESl ArL~~rIC ~\E\lE A\D ~ILITARY TR~IL
DECE~IBER 17, 19~()
PAGE n'o
LI,. ~lcCot ter \"as IIl1able to p l"l' \' i dn the:> 3\'E)r.:\~e respOllS0 time of thf'
Sheriff's Office, but \"ith the estimated staffing leyels In their
agency, it appear's to be compnrnb 1 (' 10 our Police Department's respllnsp
t i m(~ as i l II 0 \,' stands; our 11'. ('r~~~f' rt'spollse t i mc' is 5-; minutps t' (J r'
em(>['~PIICY calls I.;itll olle ( 1 ) offic('I' rer zone. Lt. ~kCot ter could lint
detf'rmill() how mall~' types of cnlls are bein~ spryiced, but he all\' i Sf'c!
that his a~ency duE'S assist \"ith community-relations c:llls similar' to
our df')lllrtment (\'nhiclf' lock-outs, r> t c. )
To reiterate, loP lIaye a patrol 1 in~ "rea of fifteen ( 15 ) s'luare miles ;tile!
1'0111 d 1 i k e to h :l\' P 0 n (' 0 r fi eel' p (' I' S </ u " r (> mil e per s II i f t. \\(' cu rTCIl t I~'
h:l\' e four ( ,I ) sid fts in n t,\,'''!lty- four ( ~.J ) hall I' patrol ( 1)1' I'
Accreditation requirerH'nts), :l!lll \,'P h'OU ld need one ( 1 ) officer for en,h
shift as our depal'tment I'pcorr.r.l~!lds ':.he diyision of the zone \"e curr"?llt I y
patl'ol just east of 'Iilitllr'y Trail.
we have recommenrJc>d rUlldin~ for fOl\r ( .J ) additional IJol ice officers'
positions in our 1990-91 budget, so that "e mar patrol this area and
maintaill our le\'el of service to the citizens. \oie "'ere turncd dO\"'1l
hecause of funding constraillt~. .Just for your information, Captain
Edl.;ard ~tor ley, Professional St,1.llchrd!'> and Training Division, advis,?d mo::>
that the current cost for olle ( 1 1 po 1 ice officer is S29,266; this
illr.ludes S26,Hin hasp allllu:11 salary .'lIrl $3,100 for ("lolhill~, ('qllil,m(,lIt,
sUIJpl i es, schoo 1, alld mf'dical/l'sych'Jlogical l(!sting.
If "c arp not providpd th(' add it iCII:d m,'lnpo"'cr, th(>n 0111' s"r\'ic'! 1(>\,,.1
\.;ollld hc advers(>l~' nffpctpd III r('sp('II~P time and in thl-' types of c:l11 s
\.;f>. h'UU I d be llb If' to r'pspolld to \.'it.ll a pr)lice officer.
Should you need anythin~ furth"?r, pleas"? let me kno\,'.
/mca
cc: Richard ~I. Lincoln, Interim Police Chief
Capt. Joseph L. Schroeder, Patrol D i \. is i on
,.
-